No. 49
State of Michigan
JOURNAL
OF THE
House of Representatives
96th Legislature
REGULAR SESSION OF 2011
House Chamber, Lansing, Thursday, May 26, 2011.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agema—present Gilbert—present Lipton—present Pscholka—present
Ananich—present Glardon—present Liss—present Rendon—present
Barnett—present Goike—present Lori—present Rogers—present
Bauer—present Haines—present Lund—present Rutledge—present
Bledsoe—present Hammel—present Lyons—present Santana—present
Bolger—present Haugh—excused MacGregor—present Schmidt, R.—present
Brown—present Haveman—present MacMaster—present Schmidt, W.—present
Brunner—present Heise—present McBroom—present Scott—present
Bumstead—present Hobbs—present McCann—present Segal—present
Byrum—present Hooker—present McMillin—present Shaughnessy—present
Callton—present Horn—present Meadows—present Shirkey—present
Cavanagh—present Hovey-Wright—present Melton—present Slavens—present
Clemente—present Howze—present Moss—present Smiley—present
Constan—present Hughes—present Muxlow—present Somerville—present
Cotter—present Huuki—present Nathan—present Stallworth—present
Crawford—present Irwin—present Nesbitt—present Stamas—present
Daley—present Jackson—present O’Brien—present Stanley—present
Damrow—present Jacobsen—present Oakes—present Stapleton—present
Darany—present Jenkins—present Olson—present Switalski—present
Denby—present Johnson—present Olumba—present Talabi—present
Dillon—present Kandrevas—present Opsommer—present Tlaib—present
Durhal—present Knollenberg—present Ouimet—present Townsend—present
Farrington—present Kowall—present Outman—present Tyler—present
Forlini—present Kurtz—present Pettalia—present Walsh—present
Foster—present LaFontaine—present Poleski—present Womack—present
Franz—present Lane—present Potvin—present Yonker—present
Geiss—present LeBlanc—present Price—present Zorn—present
Genetski—present Lindberg—present
e/d/s = entered during session
Captain Brian Webb, Chaplain of the National Guard, offered the following invocation:
“Almighty God, we are grateful for the opportunity to serve, to serve this great state, nation, and each other. We pray that as we serve that we would remember those who have served this great republic. Especially this weekend I pray for the families of those who have paid the ultimate sacrifice. I pray that You, Father, would comfort them with a comfort only You can bring. Father, today I pray that You grant wisdom and strength to this House of Representatives as they lead. Father, we pray all of these things in Your most Holy name, Amen.”
______
Rep. Segal moved that Rep. Haugh be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Tyler, Barnett, Brown, Constan, Crawford, Darany, Heise, Hooker, Knollenberg, LeBlanc, Liss, Poleski and Slavens offered the following resolution:
House Resolution No. 95.
A resolution to declare June 5-11, 2011, as Rip Current Awareness Week in the state of Michigan.
Whereas, Summer months bring the excitement of heading to Great Lakes beaches as well as the hidden dangers of rip currents; and
Whereas, Rip currents are a narrow stream of water moving swiftly away from shore, often perpendicular to the shoreline, that extend through the surf zone and past the line of breaking waves; and
Whereas, Rip currents are the greatest surf zone hazard to all beachgoers. They can sweep even the strongest swimmer away from the beach and are particularly dangerous for weak and non-swimmers; and
Whereas, Sixty-four drowning deaths were reported in Lake Michigan during the U.S. Coast Guard’s 2010 fiscal year, including at least 17 Great Lakes drowning deaths associated with rip currents; and
Whereas, Drowning is the sixth leading cause of unintentional injury or death for people of all ages, and the second leading cause of death for children ages 1 to 14 years; and
Whereas, Participation in formal swimming lessons can reduce the risk of drowning by 88 percent among children aged 1 to 4 years; and
Whereas, Rip currents can be identified by looking for differences in the water color, water motion, incoming wave shape or breaking point compared to adjacent conditions. Channel of churning, choppy water, an area having a notable difference in water color, line of foam, seaweed, or debris moving steadily away from the beach, or a break in the incoming wave pattern may indicate a rip current; and
Whereas, Swimmers can avoid rip current problems by never swimming alone, swimming near a lifeguard, looking for posted signs and warning flags which may indicate higher than usual hazards, checking with lifeguards before swimming, obeying all instructions provided by lifeguards, and by being cautious. Always assume rip currents are present even if you don’t see them; and
Whereas, If caught in a rip current, try to remain calm to conserve energy, don’t fight the current, swim across the current in a direction following the shoreline, and when out of the current, swim and angle away from the current and towards shore; and
Whereas, If you cannot escape a rip current try to float or calmly tread water, remember that rip current strength eventually subsides offshore, and draw attention to yourself by facing the shore, waving your arms, and yelling for help; and
Whereas, To assist a swimmer caught in a rip current, get help from a lifeguard or call 9-1-1 and yell instructions on how to escape, then throw the rip current victim something that floats, such as a lifejacket, cooler, or ball, and
Whereas, Many have died trying to help others escape a rip current. Don’t become a victim while trying to help someone else. Seek professional help for swimmers caught in a rip current; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 5-11, 2011, as Rip Currents Awareness Week in the state of Michigan. We recognize and honor the achievements of our Great Lakes lifeguards and encourage swimmers and beachgoers to be cautious and prepared when enjoying Michigan beaches this summer.
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker called the Speaker Pro Tempore to the Chair.
Reports of Select Committees
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 4526, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2012; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to provide anticipated appropriations for the fiscal year ending September 30, 2013.
Recommends:
First: That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2012; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to provide anticipated appropriations for the fiscal year ending September 30, 2013.
The People of the State of Michigan enact:
ARTICLE I
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article, the amounts listed in this part are appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2012, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF AGRICULTURE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................2.0
Full-time equated classified positions.............................................................................441.0
GROSS APPROPRIATION.......................................................................................................... $ 72,219,300
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees.................................................................... 197,600
IDG from MDNRE, biosolids...................................................................................................... 100,000
Total interdepartmental grants and intradepartmental transfers................................................... 297,600
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 71,921,700
Federal revenues:
USDA, multiple grants................................................................................................................. 10,873,300
EPA, multiple grants..................................................................................................................... 1,635,700
HHS-FDA..................................................................................................................................... 1,203,900
United States department of labor................................................................................................ 471,800
Total federal revenues................................................................................................................... 14,184,700
Special revenue funds:
Total local revenues...................................................................................................................... 0
Private - slow-the-spread foundation............................................................................................ 83,300
Private - commodity group revenue............................................................................................. 88,000
Total private revenues................................................................................................................... 171,300
Agricultural preservation fund...................................................................................................... 2,031,100
Agriculture equine industry development fund............................................................................ 3,773,300
Agriculture pollution prevention fund.......................................................................................... 100
Animal welfare fund..................................................................................................................... 144,500
Commodity inspection fees.......................................................................................................... 832,400
Consumer and industry food safety education fund..................................................................... 290,200
Dairy and food safety fund.......................................................................................................... 3,006,600
Freshwater protection fund........................................................................................................... 5,094,100
Gasoline inspection and testing fund........................................................................................... 2,747,800
Grain dealer fee fund.................................................................................................................... 222,500
Horticulture fund.......................................................................................................................... 72,800
Industry support funds.................................................................................................................. 535,300
Licensing and inspection fees...................................................................................................... 4,188,800
Migrant housing inspection fees................................................................................................... 114,200
Migratory labor housing fund...................................................................................................... 29,000
Nonretail liquor fees..................................................................................................................... 716,800
Refined petroleum fund................................................................................................................ 3,870,900
Testing fees................................................................................................................................... 447,500
Weights and measures regulation fees.......................................................................................... 745,100
Total other state restricted revenues............................................................................................. 28,863,000
State general fund/general purpose.............................................................................................. $ 28,702,700
Sec. 102. EXECUTIVE
Full-time equated unclassified positions.............................................................................2.0
Full-time equated classified positions...............................................................................26.0
Commissions and boards.............................................................................................................. $ 23,800
Unclassified positions—2.0 FTE positions.................................................................................. 213,300
Executive direction—8.0 FTE positions....................................................................................... 1,050,600
Management services—15.0 FTE positions................................................................................. 981,100
Statistical reporting service—1.0 FTE positions.......................................................................... 158,300
Emergency management—2.0 FTE positions............................................................................... 243,600
Accounting service center............................................................................................................ 878,300
GROSS APPROPRIATION.......................................................................................................... $ 3,549,000
Appropriated from:
Special revenue funds:
Private - commodity group revenue............................................................................................. 88,000
Industry support funds.................................................................................................................. 40,500
Nonretail liquor fees..................................................................................................................... 8,800
Refined petroleum fund................................................................................................................ 57,800
State general fund/general purpose.............................................................................................. $ 3,353,900
Sec. 103. DEPARTMENTWIDE
Rent and building occupancy charges.......................................................................................... $ 991,900
GROSS APPROPRIATION.......................................................................................................... $ 991,900
Appropriated from:
Federal revenues:
USDA, multiple grants................................................................................................................. 224,600
EPA, multiple grants..................................................................................................................... 174,100
HHS-FDA..................................................................................................................................... 43,300
Special revenue funds:
Agricultural preservation fund...................................................................................................... 22,700
Freshwater protection fund........................................................................................................... 33,500
Licensing and inspection fees...................................................................................................... 156,800
Nonretail liquor fees..................................................................................................................... 28,800
Refined petroleum fund................................................................................................................ 257,200
State general fund/general purpose.............................................................................................. $ 50,900
Sec. 104. INFORMATION AND TECHNOLOGY
Information technology services and projects.............................................................................. $ 1,303,400
GROSS APPROPRIATION.......................................................................................................... $ 1,303,400
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees.................................................................... 2,800
Special revenue funds:
Agricultural preservation fund...................................................................................................... 200
Agriculture equine industry development fund............................................................................ 93,600
Freshwater protection fund........................................................................................................... 100
Gasoline inspection testing fund.................................................................................................. 27,400
Licensing and inspection fees...................................................................................................... 28,300
Nonretail liquor fees..................................................................................................................... 500
State general fund/general purpose.............................................................................................. $ 1,150,500
Sec. 105. FOOD AND DAIRY
Full-time equated classified positions.............................................................................104.0
Food safety and quality assurance—81.0 FTE positions............................................................. $ 9,931,600
Milk safety and quality assurance—23.0 FTE positions.............................................................. 3,037,900
GROSS APPROPRIATION.......................................................................................................... $ 12,969,500
Appropriated from:
Federal revenues:
USDA, multiple grants................................................................................................................. 234,900
HHS-FDA..................................................................................................................................... 451,600
Special revenue funds:
Consumer and industry food safety education fund..................................................................... 290,200
Dairy and food safety fund.......................................................................................................... 3,006,600
State general fund/general purpose.............................................................................................. $ 8,986,200
Sec. 106. ANIMAL INDUSTRY
Full-time equated classified positions...............................................................................64.0
Animal disease prevention and response—64.0 FTE positions................................................... $ 8,889,400
GROSS APPROPRIATION.......................................................................................................... $ 8,889,400
Appropriated from:
Federal revenues:
USDA, multiple grants................................................................................................................. 1,233,500
HHS-FDA..................................................................................................................................... 40,600
Special revenue funds:
Animal welfare fund..................................................................................................................... 144,500
Licensing and inspection fees...................................................................................................... 113,100
State general fund/general purpose.............................................................................................. $ 7,357,700
Sec. 107. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions...............................................................................99.0
Pesticide and plant pest management—88.0 FTE positions........................................................ $ 10,612,700
Emerald ash borer control program—7.0 FTE positions............................................................. 1,822,600
Producer security/grain dealers—4.0 FTE positions.................................................................... 543,400
GROSS APPROPRIATION.......................................................................................................... $ 12,978,700
Appropriated from:
Federal revenues:
USDA, multiple grants................................................................................................................. 2,942,100
EPA, multiple grants..................................................................................................................... 738,800
HHS-FDA..................................................................................................................................... 109,200
Special revenue funds:
Private - slow-the-spread foundation............................................................................................ 83,300
Commodity inspection fees.......................................................................................................... 832,400
Grain dealers fee fund.................................................................................................................. 222,500
Horticulture fund.......................................................................................................................... 72,800
Industry support funds.................................................................................................................. 336,300
Licensing and inspection fees...................................................................................................... 3,808,700
State general fund/general purpose.............................................................................................. $ 3,832,600
Sec. 108. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions...............................................................................43.0
Environmental stewardship—18.0 FTE positions........................................................................ $ 6,133,800
Michigan agriculture environmental assurance program—3.0 FTE positions............................. 552,600
Farmland and open space preservation—9.0 FTE positions........................................................ 958,200
Local conservation districts.......................................................................................................... 100
Migrant labor housing—6.0 FTE positions.................................................................................. 1,162,300
Right-to-farm—3.0 FTE positions................................................................................................ 519,000
Intercounty drain—4.0 FTE positions.......................................................................................... 425,000
GROSS APPROPRIATION.......................................................................................................... $ 9,751,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDNRE, biosolids...................................................................................................... 100,000
Federal revenues:
USDA, multiple grants................................................................................................................. 1,000,000
EPA, multiple grants..................................................................................................................... 361,200
United States department of labor................................................................................................ 471,800
Special revenue funds:
Agricultural preservation fund...................................................................................................... 958,200
Agriculture pollution prevention fund.......................................................................................... 100
Freshwater protection fund........................................................................................................... 5,060,500
Migrant housing inspection fees................................................................................................... 114,200
Migratory labor housing fund...................................................................................................... 29,000
State general fund/general purpose.............................................................................................. $ 1,656,000
Sec. 109. LABORATORY PROGRAM
Full-time equated classified positions...............................................................................94.0
Laboratory services—42.0 FTE positions.................................................................................... $ 5,564,600
USDA monitoring—13.0 FTE positions...................................................................................... 2,452,000
Consumer protection program—39.0 FTE positions.................................................................... 5,571,300
GROSS APPROPRIATION.......................................................................................................... $ 13,587,900
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees.................................................................... 194,800
Federal revenues:
USDA, multiple grants................................................................................................................. 2,474,700
EPA, multiple grants..................................................................................................................... 361,600
HHS-FDA..................................................................................................................................... 559,200
Special revenue funds:
Agriculture equine industry development fund............................................................................ 557,800
Gasoline inspection and testing fund........................................................................................... 2,720,400
Licensing and inspection fees...................................................................................................... 81,900
Refined petroleum fund................................................................................................................ 3,555,900
Testing fees................................................................................................................................... 447,500
Weights and measures regulation fees.......................................................................................... 745,100
State general fund/general purpose.............................................................................................. $ 1,889,000
Sec. 110. AGRICULTURE DEVELOPMENT
Full-time equated classified positions.................................................................................8.0
Agriculture development—5.0 FTE positions.............................................................................. $ 2,040,300
Grape and wine program—3.0 FTE positions.............................................................................. 736,300
GROSS APPROPRIATION.......................................................................................................... $ 2,776,600
Appropriated from:
Federal revenues:
USDA, multiple grants................................................................................................................. 1,513,500
Special revenue funds:
Industry support funds.................................................................................................................. 158,500
Nonretail liquor fees..................................................................................................................... 678,700
State general fund/general purpose.............................................................................................. $ 425,900
Sec. 111. FAIRS AND EXPOSITIONS
Full-time equated classified positions.................................................................................3.0
Fairs and racing—3.0 FTE positions............................................................................................ $ 331,300
Purses and supplements - fairs/licensed tracks............................................................................ 611,400
Licensed tracks - light horse racing............................................................................................. 34,100
Standardbred breeders’ awards..................................................................................................... 250,000
Standardbred purses and supplements - licensed tracks............................................................... 461,600
Standardbred sire stakes............................................................................................................... 209,000
Standardbred training and stabling............................................................................................... 9,300
Thoroughbred owners’ awards..................................................................................................... 31,900
Thoroughbred supplements - licensed tracks............................................................................... 309,600
Thoroughbred breeder’s awards................................................................................................... 309,600
Thoroughbred sire stakes.............................................................................................................. 214,100
Distribution of outstanding winning tickets................................................................................. 350,000
GROSS APPROPRIATION.......................................................................................................... $ 3,121,900
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund............................................................................ 3,121,900
State general fund/general purpose.............................................................................................. $ 0
Sec. 112. CAPITAL OUTLAY
Farmland and open space development acquisition..................................................................... $ 2,300,000
GROSS APPROPRIATION.......................................................................................................... $ 2,300,000
Appropriated from:
Federal revenues:
USDA, multiple grants................................................................................................................. 1,250,000
Special revenue funds:
Agriculture preservation fund....................................................................................................... 1,050,000
State general fund/general purpose.............................................................................................. $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2011-2012 is $57,565,700.00 and state spending from state resources to be paid to local units of government for fiscal year 2011-2012 is $1,500,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Environmental protection............................................................................................................. $ 1,500,000
TOTAL.......................................................................................................................................... $ 1,500,000
Sec. 202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this article:
(a) “Department” means the department of agriculture and rural development.
(b) “Director” means the director of the department.
(c) “EPA” means the United States environmental protection agency.
(d) “FTE” means full-time equated.
(e) “HHS-FDA” means the United States department of health and human services - food and drug administration.
(f) “IDG” means interdepartmental grant.
(g) “LARA” means the Michigan department of licensing and regulatory affairs.
(h) “MDEQ” means the Michigan department of environmental quality.
(i) “USDA” means the United States department of agriculture.
Sec. 204. The civil service commission shall bill departments and agencies at the end of the first fiscal quarter for the charges authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $6,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 207. (1) The department shall maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
(2) The department may develop and operate its own website to provide this information or may reference the state’s central transparency website as the source for this information.
Sec. 208. Unless otherwise specified, the departments shall use the Internet to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 211. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of technology, management, and budget. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 212. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 214. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of technology, management, and budget for technology-related services and projects. The user fees shall be subject to provisions of an interagency agreement between the department and agencies and the department of technology, management, and budget.
Sec. 215. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 228. Not later than November 15, the department shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall provide the state budget director, the senate and house appropriations chairs, the senate and house appropriations subcommittees on agriculture and rural development, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2011 and September 30, 2012.
EXECUTIVE
Sec. 301. (1) Pursuant to the appropriations in part 1, the department may receive and expend revenue and use that revenue to cover necessary expenses related to publications, audit and licensing functions, livestock sales, certification of nursery stock, and laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Pesticide and plant pest management propagation and certification of virus-free foundation stock.
(d) Pesticide and plant pest management grading services.
(e) Laboratory support testing for testing horses in draft horse pulling contests at county fairs when local jurisdictions request state assistance.
(f) Laboratory support analyses to determine foreign substances in horses engaged in racing or pulling contests at tracks.
(g) Laboratory support analyses of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards.
(h) Laboratory support test samples for other agencies and organizations.
(i) Fruit and vegetable inspection at shipping and termination points and processing plants.
(2) The department shall notify the senate and house appropriations subcommittees on agriculture and the senate and house fiscal agencies 30 days prior to proposing changes in fees authorized under this section or under section 5 of 1915 PA 91, MCL 285.35.
(3) Annually, before February 1, the department shall provide a report to the senate and house appropriations subcommittees on agriculture and the senate and house fiscal agencies detailing all the fees charged by the department under the authorization provided in this section, including, but not limited to, rates, number of individuals paying each fee, and the revenue generated by each fee in the previous fiscal year.
Sec. 302. Of the funds appropriated in part 1 that are other than line-item grants, the department shall not provide grants to local government agencies, institutions of higher education, or nonprofit organizations unless the department provides notice of the grant to the senate and house appropriations subcommittees on agriculture at least 10 days before the grant is issued. The grants shall be used to support research or other related activities for the purpose of enhancing the agricultural industries in this state.
FOOD AND DAIRY
Sec. 402. Not later than April 1, 2012, the department shall provide a report to the senate and house appropriations subcommittees on agriculture and the senate and house fiscal agencies describing significant food-borne outbreaks and emergencies, including any enforcement actions taken related to food safety during the 2010-2011 fiscal year.
ANIMAL INDUSTRY
Sec. 450. From the funds appropriated in section 106 for the bovine tuberculosis program, the department shall reimburse the department of natural resources for those costs associated with monitoring and testing wildlife for bovine tuberculosis that are necessary to support the department goals and are jointly agreed to by the department and the department of natural resources to be in excess of efforts necessary to effectively plan and execute the eradication of bovine tuberculosis from Michigan’s wild free-ranging deer herd.
Sec. 451. From the funds appropriated in section 106 for bovine tuberculosis, the department shall pay for all whole herd testing costs and individual animal testing costs in the modified accredited zone to maintain split-state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals.
Sec. 453. (1) Of the funds appropriated in part 1, the department may provide for indemnity as provided for pursuant to the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not to exceed $100,000.00 per order from any line item for the fiscal year ending September 30, 2012. Before the department provides for an indemnification under this section, the department shall report the reason for the indemnification, the amount of the indemnification, and to whom the indemnification is to be paid. The report shall be given to each member of the senate and house appropriations subcommittees on agriculture and to the senate and house fiscal agencies and to the state budget director.
(2) The department of agriculture and rural development shall make an indemnification payment for the fair market value of livestock killed by a wolf, coyote, or cougar, if the kill is verified by the department of natural resources. The fair market value of the livestock shall be determined pursuant to the indemnification procedures prescribed in the animal industry act, 1988 PA 466, MCL 287.701 to 287.745. In addition to the funds appropriated in part 1, the department of agriculture and rural development is authorized to expend the funds received from the department of natural resources to reimburse the department of agriculture and rural development for all indemnification payments made pursuant to this subsection.
Sec. 454. The department shall use its resources to collaborate with the United States department of agriculture to obtain TB-free status for the area of the Lower Peninsula that is zoned as modified accredited advanced. The department shall also aggressively work toward eradicating bovine TB in the modified accredited zone. The department shall also convene a workgroup to work toward eradicating bovine TB in the modified accredited zone.
Sec. 456. Of the funds appropriated in part 1, no funds shall be used to enforce the mandatory electronic animal identification program for any domestic animals other than cattle until specific procedures and guidelines for electronic animal identification are outlined in statute.
Sec. 457. On or before October 15, 2011, and on a quarterly basis thereafter, the department shall report to the senate and house agriculture committees, the senate and house appropriations subcommittees on agriculture, and the senate and house fiscal agencies on the department’s progress toward meeting the USDA requirements as outlined in the March 2007 bovine TB program review. The report shall include, but is not limited to, information and data on: wildlife risk mitigation plan implementation in the modified accredited zone; implementation of a movement certificate process; progress toward annual surveillance test requirements set out in the June 2007 MOU; efforts to work with slaughter facilities in Michigan, as well as those that slaughter a significant number of animals from Michigan; educational programs and information for Michigan’s livestock community; any other item the legislature should be aware of that will promote or hinder efforts to achieve bovine TB-free status for Michigan.
Sec. 458. From the funds appropriated in section 106 for animal industry, the department shall provide inspection and testing of aquaculture facilities and aquaculture researchers as provided under section 7 of the Michigan aquaculture development act, 1996 PA 199, MCL 286.877. It is the intent of the legislature that the department shall work with aquaculture facilities and aquaculture researchers to identify, contain, and eradicate viral hemorrhagic septicemia in this state.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 551. (1) It is the intent of the legislature that the department work with the fruit and vegetable industry to ensure the development of a sustainable system of third-party inspections of fruits and vegetables.
(2) From the funds appropriated in part 1 for pesticide and plant pest management, not less than $200,000.00 shall be used for the purpose to ensure that Michigan commodities receive departmental inspections required by other governments to ship commodities out of Michigan. The department shall devise a plan to provide these required government inspections in a timely manner.
ENVIRONMENTAL STEWARDSHIP
Sec. 601. The part 1 appropriation line item environmental stewardship shall be used to support department agriculture pollution prevention programs, including groundwater and freshwater protection programs under part 87 of the Michigan natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing conservation grants available under the federal farm bill of 2008.
Sec. 606. The department shall actively search for all possible funding sources to be used to match federal funds in the USDA environmental quality incentives program.
Sec. 607. (1) It is the intent of the legislature that the department continue its activities in support of intercounty drainage districts as provided in chapter 5 of the drain code of 1956, 1956 PA 40, MCL 280.101 to 280.106.
(2) The department shall work with representatives of intercounty drainage districts to develop a mutually agreeable method of funding department costs associated with the intercounty drainage program.
AGRICULTURE DEVELOPMENT
Sec. 706. Not later than April 1, 2012, the department shall provide a report to the senate and house appropriations subcommittees on agriculture and the senate and house fiscal agencies describing the department’s agriculture development and export market development activities. The report shall identify grants awarded during the prior fiscal year, including a description of federal or private funds made available as a result of department activities.
Sec. 709. (1) Not later than April 1, 2012, the department shall provide a report to the senate and house appropriations subcommittees on agriculture and the senate and house fiscal agencies describing the activities of the grape and wine industry council established under section 303 of the Michigan liquor control act of 1998, 1998 PA 58, MCL 436.1303.
(2) The report shall include all of the following:
(a) Council activities and accomplishments for the previous fiscal year.
(b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education.
(c) Grants awarded during the prior fiscal year and the results of research grant projects completed during the prior fiscal year.
FAIRS AND EXPOSITIONS
Sec. 801. All appropriations from the agricultural equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine-related purposes without prior approval of the legislature.
Sec. 802. All appropriations from the agriculture equine industry development fund, except for the racing commission and laboratory analysis program appropriations, shall be reduced proportionately if revenues to the agriculture equine industry development fund decline during the fiscal year ending September 30, 2011 to a level lower than the amounts appropriated in section 108.
Sec. 803. In the event there is no live thoroughbred race meet in 2011 or 2012, all purse money and program money appropriated for the thoroughbred industry in fiscal year 2010-2011 and fiscal year 2011-2012 shall be held in escrow for a period not to exceed 18 months, or until a thoroughbred race meet license is applied for and granted by the Michigan gaming control board. In the event there is no thoroughbred meet in 2011 or 2012, the purse pool distribution order to be issued by the Michigan gaming control board in 2012 that delineates distribution between the thoroughbred meet that has been held at pinnacle race course and the joint thoroughbred/quarterhorse meet held in Mt. Pleasant shall be the same distribution formula as issued in 2011, with the thoroughbred portion being held in escrow.
Sec. 804. The Michigan gaming control board shall use actual expenditure data in determining the actual regulatory costs of conducting racing dates and shall provide that data to the senate and house of representatives appropriations subcommittees on agriculture and general government and the senate and house fiscal agencies. The Michigan gaming control board shall not be reimbursed for more than the actual regulatory cost of conducting race dates. If a certified horsemen’s organization funds more than the actual regulatory cost, the balance shall remain in the agriculture equine industry development fund to be used to fund subsequent race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. If a certified horsemen’s organization funds less than the actual regulatory costs of the additional horse racing dates, the Michigan gaming control board shall reduce the number of future race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. Prior to the reduction in the number of authorized race dates due to budget deficits, the executive director of the Michigan gaming control board shall provide notice to the certified horsemen’s organizations with an opportunity to respond with alternatives. In determining actual costs, the Michigan gaming control board shall take into account that each specific breed may require different regulatory mechanisms.
CAPITAL OUTLAY
Sec. 1002. (1) The director shall allocate lump-sum appropriations made in this article consistent with statutory provisions and the purposes for which funds were appropriated. Lump-sum allocations shall address priority program or facility needs and may include, but are not limited to, design, construction, remodeling and addition, special maintenance, major special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds appropriated for lump-sum appropriations shall be available for no more than 3 fiscal years following the fiscal year in which the original appropriation was made. Any remaining balance from allocations made in this section shall lapse to the fund from which it was appropriated pursuant to the lapsing of funds as provided in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 1003. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2013 for the line items listed in part 1. The fiscal year 2012-2013 appropriations are anticipated to be the same as those for fiscal year 2011-2012, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2012 consensus revenue estimating conference.
ARTICLE IV
DEPARTMENT OF COMMUNITY HEALTH
PART 1
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article, the amounts listed in this part are appropriated for the department of community health for the fiscal year ending September 30, 2012, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions..........................................................................3,634.2
Average population..........................................................................................................893.0
GROSS APPROPRIATION.......................................................................................................... $ 14,241,316,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 6,569,400
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 14,234,747,000
Federal revenues:
Total federal revenues................................................................................................................... 8,986,611,000
Special revenue funds:
Total local revenues...................................................................................................................... 250,605,900
Total private revenues................................................................................................................... 96,494,700
Merit award trust fund.................................................................................................................. 86,744,500
Total other state restricted revenues............................................................................................. 2,043,107,400
State general fund/general purpose.............................................................................................. $ 2,771,183,500
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions.............................................................................175.2
Director and other unclassified—6.0 FTE positions.................................................................... $ 583,900
Departmental administration and management—165.2 FTE positions........................................ 21,787,400
Worker’s compensation program.................................................................................................. 8,754,700
Rent and building occupancy....................................................................................................... 9,252,200
Developmental disabilities council and projects—10.0 FTE positions........................................ 2,855,700
GROSS APPROPRIATION.......................................................................................................... $ 43,233,900
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 13,632,700
Special revenue funds:
Total private revenues................................................................................................................... 35,100
Total other state restricted revenues............................................................................................. 749,500
State general fund/general purpose.............................................................................................. $ 28,816,600
Sec. 103. MENTAL HEALTH/SUBSTANCE ABUSE SERVICES ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified positions.............................................................................111.5
Mental health/substance abuse program administration—110.5 FTE positions........................... $ 17,586,800
Gambling addiction—1.0 FTE position....................................................................................... 3,000,000
Protection and advocacy services support.................................................................................... 194,400
Community residential and support services................................................................................ 1,777,200
Federal and other special projects................................................................................................ 2,497,200
Family support subsidy................................................................................................................ 19,470,500
Housing and support services....................................................................................................... 9,306,800
GROSS APPROPRIATION.......................................................................................................... $ 53,832,900
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 37,101,600
Special revenue funds:
Total private revenues................................................................................................................... 390,000
Total other state restricted revenues............................................................................................. 3,000,000
State general fund/general purpose.............................................................................................. $ 13,341,300
Sec. 104. COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES
PROGRAMS
Full-time equated classified positions.................................................................................9.5
Medicaid mental health services.................................................................................................. $ 2,149,977,900
Community mental health non-Medicaid services....................................................................... 273,908,100
Medicaid adult benefits waiver..................................................................................................... 32,056,100
Mental health services for special populations............................................................................ 5,842,800
Medicaid substance abuse services.............................................................................................. 46,709,700
CMHSP, purchase of state services contracts............................................................................... 134,201,900
Civil service charges.................................................................................................................... 1,499,300
Federal mental health block grant—2.5 FTE positions................................................................ 15,397,500
State disability assistance program substance abuse services...................................................... 2,018,800
Community substance abuse prevention, education, and treatment programs............................. 81,737,500
Children’s waiver home care program......................................................................................... 18,944,800
Nursing home PAS/ARR-OBRA—7.0 FTE positions.................................................................. 12,179,300
Children with serious emotional disturbance waiver................................................................... 8,188,000
GROSS APPROPRIATION.......................................................................................................... $ 2,782,661,700
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human services................................................. 2,769,000
Federal revenues:
Total federal revenues................................................................................................................... 1,584,568,500
Special revenue funds:
Total local revenues...................................................................................................................... 25,228,900
Total other state restricted revenues............................................................................................. 22,314,900
State general fund/general purpose.............................................................................................. $ 1,147,780,400
Sec. 105. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH
SERVICES
Total average population..................................................................................................893.0
Full-time equated classified positions..........................................................................2,194.2
Caro regional mental health center - psychiatric hospital - adult—468.3 FTE positions............ $ 56,772,200
Average population..........................................................................................................185.0
Kalamazoo psychiatric hospital - adult—483.1 FTE positions.................................................... 54,782,400
Average population..........................................................................................................189.0
Walter P. Reuther psychiatric hospital - adult—433.3 FTE positions.......................................... 52,297,800
Average population..........................................................................................................234.0
Hawthorn center - psychiatric hospital - children and adolescents—230.9 FTE positions......... 27,075,900
Average population............................................................................................................75.0
Center for forensic psychiatry—578.6 FTE positions.................................................................. 66,767,900
Average population..........................................................................................................210.0
Revenue recapture........................................................................................................................ 750,000
IDEA, federal special education................................................................................................... 120,000
Special maintenance..................................................................................................................... 332,500
Purchase of medical services for residents of hospitals and centers............................................ 445,600
Gifts and bequests for patient living and treatment environment................................................ 1,000,000
GROSS APPROPRIATION.......................................................................................................... $ 260,344,300
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Total federal revenues................................................................................................................... 29,921,200
Special revenue funds:
CMHSP, purchase of state services contracts............................................................................... 134,201,900
Other local revenues..................................................................................................................... 17,494,500
Total private revenues................................................................................................................... 1,000,000
Total other state restricted revenues............................................................................................. 15,948,400
State general fund/general purpose.............................................................................................. $ 61,778,300
Sec. 106. PUBLIC HEALTH ADMINISTRATION
Full-time equated classified positions...............................................................................91.7
Public health administration—7.3 FTE positions......................................................................... $ 1,557,200
Healthy Michigan fund programs................................................................................................. 5,000,000
Minority health grants and contracts—3.0 FTE positions........................................................... 612,700
Promotion of healthy behaviors................................................................................................... 975,900
Vital records and health statistics—81.4 FTE positions.............................................................. 9,442,800
GROSS APPROPRIATION.......................................................................................................... $ 17,588,600
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human services................................................. 1,171,500
Federal revenues:
Total federal revenues................................................................................................................... 4,887,900
Special revenue funds:
Total private revenues................................................................................................................... 300,000
Total other state restricted revenues............................................................................................. 9,974,700
State general fund/general purpose.............................................................................................. $ 1,254,500
Sec. 107. HEALTH POLICY
Full-time equated classified positions...............................................................................66.8
Emergency medical services program state staff—23.0 FTE positions....................................... $ 4,850,300
Emergency medical services grants and services......................................................................... 660,000
Health policy administration—24.4 FTE positions...................................................................... 4,150,800
Nurse education and research program—3.0 FTE positions........................................................ 744,200
Certificate of need program administration—14.0 FTE positions............................................... 2,071,100
Rural health services—1.0 FTE position..................................................................................... 1,410,300
Michigan essential health provider............................................................................................... 872,700
Primary care services—1.4 FTE positions................................................................................... 2,886,900
GROSS APPROPRIATION.......................................................................................................... $ 17,646,300
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of treasury, Michigan state hospital finance
authority.................................................................................................................................... 116,300
Interdepartmental grant from the department of licensing and regulatory affairs....................... 2,040,700
Federal revenues:
Total federal revenues................................................................................................................... 5,432,600
Special revenue funds:
Total local revenues...................................................................................................................... 100,000
Total private revenues................................................................................................................... 255,000
Total other state restricted revenues............................................................................................. 6,232,600
State general fund/general purpose.............................................................................................. $ 3,469,100
Sec. 108. INFECTIOUS DISEASE CONTROL
Full-time equated classified positions...............................................................................50.7
AIDS prevention, testing, and care programs—12.7 FTE positions............................................ $ 59,449,300
Immunization local agreements.................................................................................................... 11,975,200
Immunization program management and field support—15.0 FTE positions.............................. 1,786,300
Pediatric AIDS prevention and control—1.0 FTE position......................................................... 1,231,400
Sexually transmitted disease control local agreements................................................................ 3,360,700
Sexually transmitted disease control management and field support—22.0 FTE positions........ 3,743,300
GROSS APPROPRIATION.......................................................................................................... $ 81,546,200
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 43,541,200
Special revenue funds:
Total private revenues................................................................................................................... 27,707,700
Total other state restricted revenues............................................................................................. 7,470,600
State general fund/general purpose.............................................................................................. $ 2,826,700
Sec. 109. LABORATORY SERVICES
Full-time equated classified positions.............................................................................111.0
Laboratory services—111.0 FTE positions.................................................................................. $ 17,183,900
GROSS APPROPRIATION.......................................................................................................... $ 17,183,900
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of environmental quality...................................... 471,900
Federal revenues:
Total federal revenues................................................................................................................... 2,092,300
Special revenue funds:
Total other state restricted revenues............................................................................................. 8,267,600
State general fund/general purpose.............................................................................................. $ 6,352,100
Sec. 110. EPIDEMIOLOGY
Full-time equated classified positions.............................................................................126.7
AIDS surveillance and prevention program................................................................................. $ 2,254,100
Asthma prevention and control—2.6 FTE positions.................................................................... 856,900
Bioterrorism preparedness—66.6 FTE positions.......................................................................... 49,286,900
Epidemiology administration—40.0 FTE positions..................................................................... 8,202,000
Lead abatement program—7.0 FTE positions.............................................................................. 2,647,700
Newborn screening follow-up and treatment services—10.5 FTE positions............................... 5,337,800
Tuberculosis control and prevention............................................................................................. 867,000
GROSS APPROPRIATION.......................................................................................................... $ 69,452,400
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 61,271,300
Special revenue funds:
Total private revenues................................................................................................................... 25,000
Total other state restricted revenues............................................................................................. 6,367,900
State general fund/general purpose.............................................................................................. $ 1,788,200
Sec. 111. LOCAL HEALTH ADMINISTRATION AND GRANTS
Full-time equated classified positions.................................................................................2.0
Essential local public health services........................................................................................... $ 37,386,100
Implementation of 1993 PA 133, MCL 333.17015...................................................................... 20,000
Local health services—2.0 FTE positions.................................................................................... 500,000
Medicaid outreach cost reimbursement to local health departments............................................ 9,000,000
GROSS APPROPRIATION.......................................................................................................... $ 46,906,100
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 9,500,000
Special revenue funds:
Total local revenues...................................................................................................................... 5,150,000
State general fund/general purpose.............................................................................................. $ 32,256,100
Sec. 112. CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH
PROMOTION
Full-time equated classified positions...............................................................................75.5
Cancer prevention and control program—12.0 FTE positions..................................................... $ 14,298,200
Chronic disease control and health promotion administration—33.4 FTE positions................... 5,950,100
Diabetes and kidney program—12.2 FTE positions.................................................................... 1,777,600
Public health traffic safety coordination—1.0 FTE position........................................................ 87,500
Smoking prevention program—14.0 FTE positions..................................................................... 2,075,000
Violence prevention—2.9 FTE positions...................................................................................... 2,123,200
GROSS APPROPRIATION.......................................................................................................... $ 26,311,600
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 23,884,200
Special revenue funds:
Total private revenues................................................................................................................... 61,600
Total other state restricted revenues............................................................................................. 649,700
State general fund/general purpose.............................................................................................. $ 1,716,100
Sec. 113. FAMILY, MATERNAL, AND CHILDREN’S HEALTH SERVICES
Full-time equated classified positions...............................................................................55.1
Childhood lead program—6.0 FTE positions............................................................................... $ 1,598,400
Dental programs—3.0 FTE positions........................................................................................... 992,000
Dental program for persons with developmental disabilities....................................................... 151,000
Family, maternal, and children’s health services administration—43.6 FTE positions............... 6,047,700
Family planning local agreements................................................................................................ 9,085,700
Local MCH services..................................................................................................................... 7,018,100
Pregnancy prevention program..................................................................................................... 602,100
Prenatal care outreach and service delivery support.................................................................... 3,794,200
Special projects—2.5 FTE positions............................................................................................ 8,397,800
Sudden infant death syndrome program....................................................................................... 321,300
GROSS APPROPRIATION.......................................................................................................... $ 38,008,300
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 32,846,800
Special revenue funds:
Total local revenues...................................................................................................................... 75,000
State general fund/general purpose.............................................................................................. $ 5,086,500
Sec. 114. WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM
Full-time equated classified positions...............................................................................45.0
Women, infants, and children program administration and special projects—45.0 FTE positions... $ 15,900,800
Women, infants, and children program local agreements and food costs.................................... 253,825,500
GROSS APPROPRIATION.......................................................................................................... $ 269,726,300
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 211,112,500
Special revenue funds:
Total private revenues................................................................................................................... 58,613,800
State general fund/general purpose.............................................................................................. $ 0
Sec. 115. CHILDREN’S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions...............................................................................47.8
Children’s special health care services administration—45.0 FTE positions.............................. $ 5,245,700
Bequests for care and services—2.8 FTE positions..................................................................... 1,511,400
Outreach and advocacy................................................................................................................. 3,773,500
Nonemergency medical transportation......................................................................................... 2,679,300
Medical care and treatment.......................................................................................................... 294,056,500
GROSS APPROPRIATION.......................................................................................................... $ 307,266,400
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 175,308,200
Special revenue funds:
Total private revenues................................................................................................................... 996,800
Total other state restricted revenues............................................................................................. 3,843,600
State general fund/general purpose.............................................................................................. $ 127,117,800
Sec. 116. CRIME VICTIM SERVICES COMMISSION
Full-time equated classified positions...............................................................................13.0
Grants administration services—13.0 FTE positions................................................................... $ 1,811,300
Justice assistance grants............................................................................................................... 19,106,100
Crime victim rights services grants.............................................................................................. 16,570,000
GROSS APPROPRIATION.......................................................................................................... $ 37,487,400
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 23,467,200
Special revenue funds:
Total other state restricted revenues............................................................................................. 14,020,200
State general fund/general purpose.............................................................................................. $ 0
Sec. 117. OFFICE OF SERVICES TO THE AGING
Full-time equated classified positions...............................................................................43.5
Office of services to aging administration—43.5 FTE positions................................................. $ 6,408,800
Community services..................................................................................................................... 35,314,400
Nutrition services......................................................................................................................... 35,430,200
Foster grandparent volunteer program.......................................................................................... 2,233,600
Retired and senior volunteer program.......................................................................................... 627,300
Senior companion volunteer program.......................................................................................... 1,604,400
Employment assistance................................................................................................................. 3,792,500
Respite care program.................................................................................................................... 5,868,700
GROSS APPROPRIATION.......................................................................................................... $ 91,279,900
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 57,159,200
Special revenue funds:
Total private revenues................................................................................................................... 677,500
Merit award trust fund.................................................................................................................. 4,468,700
Total other state restricted revenues............................................................................................. 1,400,000
State general fund/general purpose.............................................................................................. $ 27,574,500
Sec. 118. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.............................................................................415.0
Medical services administration—415.0 FTE positions............................................................... $ 65,057,000
Facility inspection contract.......................................................................................................... 132,800
MIChild administration................................................................................................................ 4,327,800
GROSS APPROPRIATION.......................................................................................................... $ 69,517,600
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 47,476,900
Special revenue funds:
Total local revenues...................................................................................................................... 105,900
Total private revenues................................................................................................................... 100,000
Total other state restricted revenues............................................................................................. 110,100
State general fund/general purpose.............................................................................................. $ 21,724,700
Sec. 119. MEDICAL SERVICES
Hospital services and therapy....................................................................................................... $ 1,273,299,300
Hospital disproportionate share payments.................................................................................... 45,000,000
Physician services......................................................................................................................... 303,223,900
Medicare premium payments....................................................................................................... 409,169,400
Pharmaceutical services................................................................................................................ 338,717,500
Home health services................................................................................................................... 6,791,100
Hospice services........................................................................................................................... 139,637,700
Transportation............................................................................................................................... 16,009,800
Auxiliary medical services........................................................................................................... 6,252,100
Dental services............................................................................................................................. 162,930,800
Ambulance services...................................................................................................................... 10,900,000
Long-term care services............................................................................................................... 1,686,454,600
Medicaid home- and community-based services waiver.............................................................. 229,921,000
Adult home help services............................................................................................................. 289,032,800
Personal care services................................................................................................................... 14,421,500
Program of all-inclusive care for the elderly............................................................................... 30,707,800
Health plan services..................................................................................................................... 4,093,812,400
MIChild program.......................................................................................................................... 51,753,100
Plan first family planning waiver................................................................................................. 13,089,200
Medicaid adult benefits waiver..................................................................................................... 105,877,700
Special indigent care payments.................................................................................................... 88,518,500
Federal Medicare pharmaceutical program.................................................................................. 185,599,300
Maternal and child health............................................................................................................. 20,279,500
Subtotal basic medical services program..................................................................................... 9,521,399,000
School-based services................................................................................................................... 91,296,500
Special Medicaid reimbursement................................................................................................. 339,382,000
Subtotal special medical services payments................................................................................. 430,678,500
GROSS APPROPRIATION.......................................................................................................... $ 9,952,077,500
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 6,579,215,500
Special revenue funds:
Total local revenues...................................................................................................................... 68,249,700
Total private revenues................................................................................................................... 6,332,200
Merit award trust fund.................................................................................................................. 82,275,800
Total other state restricted revenues............................................................................................. 1,940,891,700
State general fund/general purpose.............................................................................................. $ 1,275,112,600
Sec. 120. INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 33,521,400
Michigan Medicaid information system....................................................................................... 25,723,700
GROSS APPROPRIATION.......................................................................................................... $ 59,245,100
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 44,191,200
Special revenue funds:
Total other state restricted revenues............................................................................................. 1,865,900
State general fund/general purpose.............................................................................................. $ 13,188,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2011-2012 is $4,901,035,400.00 and state spending from state resources to be paid to local units of government for fiscal year 2011-2012 is $1,417,739,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF COMMUNITY HEALTH
MENTAL HEALTH/SUBSTANCE ABUSE SERVICES ADMINISTRATION
AND SPECIAL PROJECTS
Community residential and support services................................................................................ $ 258,500
Housing and support services....................................................................................................... 599,800
COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES PROGRAMS
State disability assistance program substance abuse services...................................................... $ 2,018,000
Community substance abuse prevention, education, and treatment programs............................. 14,576,700
Medicaid mental health services.................................................................................................. 702,753,600
Community mental health non-Medicaid services....................................................................... 273,908,100
Mental health services for special populations............................................................................ 5,842,800
Medicaid adult benefits waiver..................................................................................................... 10,854,200
Medicaid substance abuse services.............................................................................................. 15,815,900
Children’s waiver home care program......................................................................................... 5,906,800
Nursing home PASARR............................................................................................................... 2,717,200
HEALTH POLICY, REGULATION, AND PROFESSIONS
Primary care services................................................................................................................... $ 88,900
INFECTIOUS DISEASE CONTROL
AIDS prevention, testing, and care programs.............................................................................. $ 1,000,000
Sexually transmitted disease control local agreements................................................................ 175,200
LABORATORY SERVICES
Laboratory services...................................................................................................................... $ 13,700
LOCAL HEALTH ADMINISTRATION AND GRANTS
Implementation of 1993 PA 133, MCL 333.17015...................................................................... $ 8,000
Essential local public health services........................................................................................... 32,256,100
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
Cancer prevention and control program....................................................................................... $ 450,000
Chronic disease control and health promotion administration .................................................... 75,000
FAMILY, MATERNAL, AND CHILDREN’S HEALTH SERVICES
Childhood lead program............................................................................................................... $ 51,100
Prenatal care outreach and service delivery support.................................................................... 1,500,000
CHILDREN’S SPECIAL HEALTH CARE SERVICES
Medical care and treatment.......................................................................................................... $ 1,409,900
Outreach and advocacy................................................................................................................. 1,237,500
MEDICAL SERVICES
Dental services............................................................................................................................. $ 2,536,000
Long-term care services............................................................................................................... 285,952,300
Transportation............................................................................................................................... 2,971,900
Medicaid adult benefits waiver..................................................................................................... 6,246,800
Hospital services and therapy....................................................................................................... 4,965,500
Physician services......................................................................................................................... 3,774,800
OFFICE OF SERVICES TO THE AGING
Community services..................................................................................................................... $ 12,233,500
Nutrition services......................................................................................................................... 8,787,000
Foster grandparent volunteer program.......................................................................................... 679,800
Retired and senior volunteer program.......................................................................................... 175,000
Senior companion volunteer program.......................................................................................... 215,000
Respite care program.................................................................................................................... 5,384,800
CRIME VICTIM SERVICES COMMISSION
Crime victim rights services grants.............................................................................................. $ 10,300,000
TOTAL OF PAYMENTS TO LOCAL UNITS OF GOVERNMENT.............................................. $ 1,417,739,700
Sec. 202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this article:
(a) “AIDS” means acquired immunodeficiency syndrome.
(b) “CMHSP” means a community mental health services program as that term is defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
(c) “Current fiscal year” means the fiscal year ending September 30, 2012.
(d) “Department” means the department of community health.
(e) “Director” means the director of the department.
(f) “DSH” means disproportionate share hospital.
(g) “EPSDT” means early and periodic screening, diagnosis, and treatment.
(h) “Federal health care reform legislation” means the patient protection and affordable care act, Public Law 111-148, and the health care and education reconciliation act of 2010, Public Law 111-152.
(i) “Federal poverty level” means the poverty guidelines published annually in the federal register by the United States department of health and human services under its authority to revise the poverty line under 42 USC 9902.
(j) “GME” means graduate medical education.
(k) “Health plan” means, at a minimum, an organization that meets the criteria for delivering the comprehensive package of services under the department’s comprehensive health plan.
(l) “HEDIS” means healthcare effectiveness data and information set.
(m) “HIV” means human immunodeficiency virus.
(n) “HMO” means health maintenance organization.
(o) “IDEA” means the individuals with disabilities education act, 20 USC 1400 to 1482.
(p) “MCH” means maternal and child health.
(q) “MIChild” means the program described in section 1670.
(r) “PASARR” means the preadmission screening and annual resident review required under the omnibus budget reconciliation act of 1987, section 1919(e)(7) of the social security act, and 42 USC 1396r.
(s) “PIHP” means a specialty prepaid inpatient health plan for Medicaid mental health services, services to individuals with developmental disabilities, and substance abuse services. Specialty prepaid inpatient health plans are described in section 232b of the mental health code, 1974 PA 258, MCL 330.1232b.
(t) “Title XVIII” and “Medicare” mean title XVIII of the social security act, 42 USC 1395 to 1395kkk.
(u) “Title XIX” and “Medicaid” mean title XIX of the social security act, 42 USC 1396 to 1396w-5.
(v) “Title XX” means title XX of the social security act, 42 USC 1397 to 1397m-5.
Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 208. Unless otherwise specified, the departments shall use the Internet to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on the Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans if they are competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to ensure that businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 211. If the revenue collected by the department from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward with the approval of the state budget director into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 212. (1) On or before February 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget director on the detailed name and amounts of federal, restricted, private, and local sources of revenue that support the appropriations in each of the line items in part 1.
(2) Upon the release of the next fiscal year executive budget recommendation, the department shall report to the same parties in subsection (1) on the amounts and detailed sources of federal, restricted, private, and local revenue proposed to support the total funds appropriated in each of the line items in part 1 of the next fiscal year executive budget proposal.
Sec. 213. The state departments, agencies, and commissions receiving tobacco tax funds and healthy Michigan funds from part 1 shall report by April 1 of the current fiscal year to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director on the following:
(a) Detailed spending plan by appropriation line item including description of programs and a summary of organizations receiving these funds.
(b) Description of allocations or bid processes including need or demand indicators used to determine allocations.
(c) Eligibility criteria for program participation and maximum benefit levels where applicable.
(d) Outcome measures used to evaluate programs, including measures of the effectiveness of these programs in improving the health of Michigan residents.
(e) Any other information considered necessary by the house of representatives or senate appropriations committees or the state budget director.
Sec. 215. (1) The department shall report to the house and senate appropriations subcommittees on the budget for the department, the joint committee on administrative rules, and the senate and house fiscal agencies by no later than April 1 of the current fiscal year on each specific policy change made by the department to implement a public act affecting that department that took effect during the preceding calendar year.
(2) Funds appropriated in part 1 shall not be used by the department to adopt a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) “Rule” means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) “Small business” means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.
Sec. 216. (1) In addition to funds appropriated in part 1 for all programs and services, there is appropriated for write-offs of accounts receivable, deferrals, and for prior year obligations in excess of applicable prior year appropriations, an amount equal to total write-offs and prior year obligations, but not to exceed amounts available in prior year revenues.
(2) The department’s ability to satisfy appropriation deductions in part 1 shall not be limited to collections and accruals pertaining to services provided in the current fiscal year, but shall also include reimbursements, refunds, adjustments, and settlements from prior years.
Sec. 218. The department shall include the following in its annual list of proposed basic health services as required in part 23 of the public health code, 1978 PA 368, MCL 333.2301 to 333.2321:
(a) Immunizations.
(b) Communicable disease control.
(c) Sexually transmitted disease control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye infection in newborns.
(f) Screening newborns for the conditions listed in section 5431 of the public health code, 1978 PA 368, MCL 333.5431, or recommended by the newborn screening quality assurance advisory committee created under section 5430 of the public health code, 1978 PA 368, MCL 333.5430.
(g) Community health annex of the Michigan emergency management plan.
(h) Prenatal care.
Sec. 219. (1) The department may contract with the Michigan public health institute for the design and implementation of projects and for other public health-related activities prescribed in section 2611 of the public health code, 1978 PA 368, MCL 333.2611. The department may develop a master agreement with the institute to carry out these purposes for up to a 3-year period. The department shall report to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget director on or before January 1 of the current fiscal year all of the following:
(a) A detailed description of each funded project.
(b) The amount allocated for each project, the appropriation line item from which the allocation is funded, and the source of financing for each project.
(c) The expected project duration.
(d) A detailed spending plan for each project, including a list of all subgrantees and the amount allocated to each subgrantee.
(2) On or before September 30 of the current fiscal year, the department shall provide to the same parties listed in subsection (1) a copy of all reports, studies, and publications produced by the Michigan public health institute, its subcontractors, or the department with the funds appropriated in part 1 and allocated to the Michigan public health institute.
Sec. 223. The department may establish and collect fees for publications, videos and related materials, conferences, and workshops. Collected fees shall be used to offset expenditures to pay for printing and mailing costs of the publications, videos and related materials, and costs of the workshops and conferences. The department shall not collect fees under this section that exceed the cost of the expenditures.
Sec. 259. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of technology, management, and budget for technology-related services and projects. The user fees shall be subject to provisions of an interagency agreement between the department and agencies and the department of technology, management, and budget.
Sec. 264. (1) Upon submission of a Medicaid waiver, a Medicaid state plan amendment, or a similar proposal to the centers for Medicare and Medicaid services, the department shall notify the house and senate appropriations subcommittees on community health and the house and senate fiscal agencies of the submission.
(2) The department shall provide written or verbal biannual reports to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies summarizing the status of any new or ongoing discussions with the centers for Medicare and Medicaid services or the federal department of health and human services regarding potential or future Medicaid waiver applications.
Sec. 265. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 266. (1) Due to the current budgetary problems in this state, out-of-state travel for the fiscal year ending September 30, 2012 shall be limited to situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the state budget director may grant an exception to allow the travel. Any exceptions granted by the state budget director shall be reported on a monthly basis to the senate and house of representatives standing committees on appropriations.
Sec. 267. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 270. Within 180 days after receipt of the notification from the attorney general’s office of a legal action in which expenses had been recovered pursuant to section 106(4) of the social welfare act, 1939 PA 280, MCL 400.106, or any other statute under which the department has the right to recover expenses, the department shall submit a written report to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget office which includes, at a minimum, all of the following:
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally expended.
(c) Details on the disposition of the funds recovered such as the appropriation or revenue account in which the money was deposited.
(d) A description of the facts involved in the legal action.
Sec. 276. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes.
Sec. 282. (1) The department, through its organizational units responsible for departmental administration, operation, and finance, shall establish uniform definitions, standards, and instructions for the classification, allocation, assignment, calculation, recording, and reporting of administrative costs by the following entities:
(a) Coordinating agencies on substance abuse and the Salvation Army harbor light program that receive payment or reimbursement from funds appropriated under section 104.
(b) Area agencies on aging and local providers that receive payment or reimbursement from funds appropriated under section 117.
(2) By May 15 of the current fiscal year, the department shall provide a written draft of its proposed definitions, standards, and instructions to the house of representatives and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget director.
Sec. 287. Not later than November 15, 2011, the department shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the previous fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house of representatives standing appropriations committees, and the senate and house fiscal agencies.
Sec. 292. (1) The department shall maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
(2) The department may develop and operate its own website to provide this information or may reference the state’s central transparency website as the source for this information.
Sec. 294. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of technology, management, and budget. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 295. The department shall explore program and other service areas, including eligibility determination, where privatization may lead to increased efficiencies and budgetary savings.
Sec. 296. Within 14 days after the release of the executive budget recommendation, the department shall provide the state budget director, the senate and house appropriations chairs, the senate and house appropriations subcommittees on community health, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2011 and September 30, 2012.
COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES PROGRAMS
Sec. 401. Funds appropriated in part 1 are intended to support a system of comprehensive community mental health services under the full authority and responsibility of local CMHSPs or PIHPs. The department shall ensure that each CMHSP or PIHP provides all of the following:
(a) A system of single entry and single exit.
(b) A complete array of mental health services that includes, but is not limited to, all of the following services: residential and other individualized living arrangements, outpatient services, acute inpatient services, and long-term, 24-hour inpatient care in a structured, secure environment.
(c) The coordination of inpatient and outpatient hospital services through agreements with state-operated psychiatric hospitals, units, and centers in facilities owned or leased by the state, and privately-owned hospitals, units, and centers licensed by the state pursuant to sections 134 through 149b of the mental health code, 1974 PA 258, MCL 330.1134 to 330.1149b.
(d) Individualized plans of service that are sufficient to meet the needs of individuals, including those discharged from psychiatric hospitals or centers, and that ensure the full range of recipient needs is addressed through the CMHSP’s or PIHP’s program or through assistance with locating and obtaining services to meet these needs.
(e) A system of case management or care management to monitor and ensure the provision of services consistent with the individualized plan of services or supports.
(f) A system of continuous quality improvement.
(g) A system to monitor and evaluate the mental health services provided.
(h) A system that serves at-risk and delinquent youth as required under the provisions of the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
Sec. 402. (1) From funds appropriated in part 1, final authorizations to CMHSPs or PIHPs shall be made upon the execution of contracts between the department and CMHSPs or PIHPs. The contracts shall contain an approved plan and budget as well as policies and procedures governing the obligations and responsibilities of both parties to the contracts. Each contract with a CMHSP or PIHP that the department is authorized to enter into under this subsection shall include a provision that the contract is not valid unless the total dollar obligation for all of the contracts between the department and the CMHSPs or PIHPs entered into under this subsection for the current fiscal year does not exceed the amount of money appropriated in part 1 for the contracts authorized under this subsection.
(2) The department shall immediately report to the senate and house appropriations subcommittees on community health, the senate and house fiscal agencies, and the state budget director if either of the following occurs:
(a) Any new contracts with CMHSPs or PIHPs that would affect rates or expenditures are enacted.
(b) Any amendments to contracts with CMHSPs or PIHPs that would affect rates or expenditures are enacted.
(3) The report required by subsection (2) shall include information about the changes and their effects on rates and expenditures.
Sec. 403. (1) From the funds appropriated in part 1 for mental health services for special populations, the department shall ensure that CMHSPs or PIHPs meet with multicultural service providers to develop a workable framework for contracting, service delivery, and reimbursement.
(2) Funds appropriated in part 1 for mental health services for special populations shall not be utilized for services provided to illegal immigrants, fugitive felons, and individuals who are not residents of this state. The department shall maintain contracts with recipients of multicultural services grants that mandate grantees establish that recipients of services are legally residing in the United States. An exception to the contractual provision shall be allowed to address individuals presenting with emergent mental health conditions.
(3) The department shall require an annual report from the independent organizations that receive mental health services for special populations funding. The annual report, due January 1 of the current fiscal year, shall include specific information on services and programs provided, the client base to which the services and programs were provided, information on any wrap around services provided, and the expenditures for those services. The department shall provide the annual reports to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies.
Sec. 404. (1) Not later than May 31 of the current fiscal year, the department shall provide a report on the community mental health services programs to the members of the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget director that includes the information required by this section.
(2) The report shall contain information for each CMHSP or PIHP and a statewide summary, each of which shall include at least the following information:
(a) A demographic description of service recipients which, minimally, shall include reimbursement eligibility, client population, age, ethnicity, housing arrangements, and diagnosis.
(b) Per capita expenditures by client population group.
(c) Financial information that, minimally, includes a description of funding authorized; expenditures by client group and fund source; and cost information by service category, including administration. Service category includes all department-approved services.
(d) Data describing service outcomes that includes, but is not limited to, an evaluation of consumer satisfaction, consumer choice, and quality of life concerns including, but not limited to, housing and employment.
(e) Information about access to community mental health services programs that includes, but is not limited to, the following:
(i) The number of people receiving requested services.
(ii) The number of people who requested services but did not receive services.
(f) The number of second opinions requested under the code and the determination of any appeals.
(g) An analysis of information provided by CMHSPs in response to the needs assessment requirements of the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, including information about the number of individuals in the service delivery system who have requested and are clinically appropriate for different services.
(h) Lapses and carryforwards during the immediately preceding fiscal year for CMHSPs or PIHPs.
(i) Information about contracts for mental health services entered into by CMHSPs or PIHPs with providers, including, but not limited to, all of the following:
(i) The amount of the contract, organized by type of service provided.
(ii) Payment rates, organized by the type of service provided.
(iii) Administrative costs for services provided to CMHSPs or PIHPs.
(j) Information on the community mental health Medicaid managed care program, including, but not limited to, both of the following:
(i) Expenditures by each CMHSP or PIHP organized by Medicaid eligibility group, including per eligible individual expenditure averages.
(ii) Performance indicator information required to be submitted to the department in the contracts with CMHSPs or PIHPs.
(k) An estimate of the number of direct care workers in local residential settings and paraprofessional and other nonprofessional direct care workers in settings where skill building, community living supports and training, and personal care services are provided by CMHSPs or PIHPs as of September 30 of the prior fiscal year employed directly or through contracts with provider organizations.
(3) The department shall include data reporting requirements listed in subsection (2) in the annual contract with each individual CMHSP or PIHP.
(4) The department shall take all reasonable actions to ensure that the data required are complete and consistent among all CMHSPs or PIHPs.
Sec. 406. (1) The funds appropriated in part 1 for the state disability assistance substance abuse services program shall be used to support per diem room and board payments in substance abuse residential facilities. Eligibility of clients for the state disability assistance substance abuse services program shall include needy persons 18 years of age or older, or emancipated minors, who reside in a substance abuse treatment center.
(2) The department shall reimburse all licensed substance abuse programs eligible to participate in the program at a rate equivalent to that paid by the department of human services to adult foster care providers. Programs accredited by department-approved accrediting organizations shall be reimbursed at the personal care rate, while all other eligible programs shall be reimbursed at the domiciliary care rate.
Sec. 407. (1) The amount appropriated in part 1 for substance abuse prevention, education, and treatment grants shall be expended for contracting with coordinating agencies. Coordinating agencies shall work with CMHSPs or PIHPs to coordinate care and services provided to individuals with severe and persistent mental illness and substance abuse diagnoses.
(2) The department shall approve coordinating agency fee schedules for providing substance abuse services and charge participants in accordance with their ability to pay.
(3) It is the intent of the legislature that the coordinating agencies continue current efforts to collaborate on the delivery of services to those clients with mental illness and substance abuse diagnoses.
(4) Coordinating agencies that are located completely within the boundary of a PIHP shall conduct a study of the administrative costs and efficiencies associated with consolidation with that PIHP. If that coordinating agency realizes an administrative cost savings of 5% or greater of their current costs, then that coordinating agency shall initiate discussions regarding a potential merger in accordance with section 6226 of the public health code, 1978 PA 368, MCL 333.6226. The department shall report to the legislature by April 1 of the current fiscal year on any such discussions.
Sec. 408. (1) By April 1 of the current fiscal year, the department shall report the following data from the prior fiscal year on substance abuse prevention, education, and treatment programs to the senate and house appropriations subcommittees on community health, the senate and house fiscal agencies, and the state budget office:
(a) Expenditures stratified by coordinating agency, by central diagnosis and referral agency, by fund source, by subcontractor, by population served, and by service type. Additionally, data on administrative expenditures by coordinating agency shall be reported.
(b) Expenditures per state client, with data on the distribution of expenditures reported using a histogram approach.
(c) Number of services provided by central diagnosis and referral agency, by subcontractor, and by service type. Additionally, data on length of stay, referral source, and participation in other state programs.
(d) Collections from other first- or third-party payers, private donations, or other state or local programs, by coordinating agency, by subcontractor, by population served, and by service type.
(2) The department shall take all reasonable actions to ensure that the required data reported are complete and consistent among all coordinating agencies.
Sec. 410. The department shall assure that substance abuse treatment is provided to applicants and recipients of public assistance through the department of human services who are required to obtain substance abuse treatment as a condition of eligibility for public assistance.
Sec. 411. (1) The department shall ensure that each contract with a CMHSP or PIHP requires the CMHSP or PIHP to implement programs to encourage diversion of individuals with serious mental illness, serious emotional disturbance, or developmental disability from possible jail incarceration when appropriate.
(2) Each CMHSP or PIHP shall have jail diversion services and shall work toward establishing working relationships with representative staff of local law enforcement agencies, including county prosecutors’ offices, county sheriffs’ offices, county jails, municipal police agencies, municipal detention facilities, and the courts. Written interagency agreements describing what services each participating agency is prepared to commit to the local jail diversion effort and the procedures to be used by local law enforcement agencies to access mental health jail diversion services are strongly encouraged.
Sec. 412. The department shall contract directly with the Salvation Army harbor light program to provide non-Medicaid substance abuse services.
Sec. 418. On or before the tenth of each month, the department shall report to the senate and house appropriations subcommittees on community health, the senate and house fiscal agencies, and the state budget director on the amount of funding paid to PIHPs to support the Medicaid managed mental health care program in the preceding month. The information shall include the total paid to each PIHP, per capita rate paid for each eligibility group for each PIHP, and number of cases in each eligibility group for each PIHP, and year-to-date summary of eligibles and expenditures for the Medicaid managed mental health care program.
Sec. 424. Each PIHP that contracts with the department to provide services to the Medicaid population shall adhere to the following timely claims processing and payment procedure for claims submitted by health professionals and facilities:
(a) A “clean claim” as described in section 111i of the social welfare act, 1939 PA 280, MCL 400.111i, shall be paid within 45 days after receipt of the claim by the PIHP. A clean claim that is not paid within this time frame shall bear simple interest at a rate of 12% per annum.
(b) A PIHP shall state in writing to the health professional or facility any defect in the claim within 30 days after receipt of the claim.
(c) A health professional and a health facility have 30 days after receipt of a notice that a claim or a portion of a claim is defective within which to correct the defect. The PIHP shall pay the claim within 30 days after the defect is corrected.
Sec. 428. Each PIHP shall provide, from internal resources, local funds to be used as a bona fide part of the state match required under the Medicaid program in order to increase capitation rates for PIHPs. These funds shall not include either state funds received by a CMHSP for services provided to non-Medicaid recipients or the state matching portion of the Medicaid capitation payments made to a PIHP.
Sec. 435. A county required under the provisions of the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for mental health services rendered to residents in its jurisdiction shall pay the matching funds in equal installments on not less than a quarterly basis throughout the fiscal year, with the first payment being made by October 1 of the current fiscal year.
Sec. 458. By April 15 of the current fiscal year, the department shall provide each of the following to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget director:
(a) An updated plan for implementing each of the recommendations of the Michigan mental health commission made in the commission’s report dated October 15, 2004.
(b) A report that evaluates the cost-benefit of establishing secure residential facilities of fewer than 17 beds for adults with serious mental illness, modeled after such programming in Oregon or other states. This report shall examine the potential impact that utilization of secure residential facilities would have upon the state’s need for adult mental health facilities.
(c) In conjunction with the state court administrator’s office, a report that evaluates the cost-benefit of establishing a specialized mental health court program that diverts adults with serious mental illness alleged to have committed an offense deemed nonserious into treatment prior to the filing of any charges.
Sec. 462. (1) With the exception of administrative costs, in order to implement the fiscal year 2011-2012 funding reduction to the community mental health non-Medicaid services line, the department shall further implement the funding formula that was partially implemented during fiscal year 2009-2010 in which the funding reduction does not exceed 4% for each CMHSP.
(2) The department may convene a workgroup including CMHSPs regarding the allocation of the current fiscal year administrative reduction of up to $3,400,000.00.
Sec. 468. To foster a more efficient administration of and to integrate care in publicly funded mental health and substance abuse services, the department shall maintain criteria for the incorporation of a city, county, or regional substance abuse coordinating agency into a local community mental health authority that will encourage those city, county, or regional coordinating agencies to incorporate as local community mental health authorities. If necessary, the department may make accommodations or adjustments in formula distribution to address administrative costs related to the maintenance of the criteria under this section and to the incorporation of the additional coordinating agencies into local community mental health authorities provided that all of the following are satisfied:
(a) The department provides funding for the administrative costs incurred by coordinating agencies incorporating into community mental health authorities. The department shall not provide more than $75,000.00 to any coordinating agency for administrative costs.
(b) The accommodations or adjustments favor coordinating agencies who voluntarily elect to integrate with local community mental health authorities.
(c) The accommodations or adjustments do not negatively affect other coordinating agencies.
Sec. 470. (1) For those substance abuse coordinating agencies that have voluntarily incorporated into community mental health authorities and accepted funding from the department for administrative costs incurred pursuant to section 468, the department shall establish written expectations for those CMHSPs, PIHPs, and substance abuse coordinating agencies and counties with respect to the integration of mental health and substance abuse services. At a minimum, the written expectations shall provide for the integration of those services as follows:
(a) Coordination and consolidation of administrative functions and redirection of efficiencies into service enhancements.
(b) Consolidation of points of 24-hour access for mental health and substance abuse services in every community.
(c) Alignment of coordinating agencies and PIHPs boundaries to maximize opportunities for collaboration and integration of administrative functions and clinical activities.
(2) By May 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget office on the impact and effectiveness of this section and the status of the integration of mental health and substance abuse services.
Sec. 474. The department shall ensure that each contract with a CMHSP or PIHP requires the CMHSP or PIHP to provide each recipient and his or her family with information regarding the different types of guardianship and the alternatives to guardianship. A CMHSP or PIHP shall not, in any manner, attempt to reduce or restrict the ability of a recipient or his or her family from seeking to obtain any form of legal guardianship without just cause.
Sec. 490. (1) The department shall continue a workgroup to develop a plan to maximize uniformity and consistency in the standards required of providers contracting directly with PIHPs, CMHSPs, and substance abuse coordinating agencies. These standards shall apply to community living supports, personal care services, substance abuse services, skill-building services, and other similar supports and services providers who contract with PIHPs, CMHSPs, and substance abuse coordinating agencies or their contractors.
(2) The workgroup shall include representatives of the department, PIHPs, CMHSPs, substance abuse coordinating agencies, and affected providers. The standards shall include, but are not limited to, contract language, training requirements for direct support staff, performance indicators, financial and program audits, and billing procedures.
(3) The department shall provide a status report on the workgroup’s efforts to the senate and house appropriations subcommittees on community health, the senate and house fiscal agencies, and the state budget director by June 1 of the current fiscal year.
Sec. 491. The department shall explore changes in program policy in the habilitation supports waiver for persons with developmental disabilities that would permit the movement of a slot that has become available to a county that has demonstrated a greater need for the services.
Sec. 492. If a CMHSP has entered into an agreement with a county or county sheriff to provide mental health services to the inmates of the county jail, the department shall not prohibit the use of state general fund/general purpose dollars by CMHSPs to provide mental health services to inmates of a county jail.
Sec. 494. (1) In order to avoid duplication of efforts, the department shall utilize applicable national accreditation review criteria to determine compliance with corresponding state requirements for CMHSPs, PIHPs, or subcontracting provider agencies that have been reviewed and accredited by a national accrediting entity for behavioral health care services.
(2) Upon a coordinated submission by the CMHSPs, PIHPs, or subcontracting provider agencies, a listing of program requirements that are part of the state program review criteria but are not reviewed by an applicable national accrediting entity, the department shall review the listing and provide a recommendation to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget office as to whether or not state program review should continue. The CMHSPs, PIHPs, or subcontracting agencies may request the department to convene a workgroup to fulfill this section.
(3) The department shall continue to comply with state and federal law and shall not initiate an action that negatively impacts beneficiary safety.
(4) As used in this section, “national accrediting entity” means the joint commission on accreditation of healthcare organizations, the commission on accreditation of rehabilitation facilities, the council of accreditation, or other appropriate entity, as approved by the department.
(5) By July 1 of the current fiscal year, the department shall provide a progress report to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget office on implementation of this section.
Sec. 495. It is the intent of the legislature that the department begin working with the centers for Medicare and Medicaid services to develop a program that creates a medical home for the individuals receiving Medicaid mental health benefits.
Sec. 496. CMHSPs and PIHPs are permitted to offset state funding reductions by limiting the administrative component of their contracts with providers and case management to a maximum of 9%.
Sec. 497. The population data used in determining the distribution of substance abuse block grant funds shall be from the most recent federal census.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 601. The department shall continue a revenue recapture project to generate additional revenues from third parties related to cases that have been closed or are inactive. A portion of revenues collected through project efforts may be used for departmental costs and contractual fees associated with these retroactive collections and to improve ongoing departmental reimbursement management functions.
Sec. 602. Unexpended and unencumbered amounts and accompanying expenditure authorizations up to $1,000,000.00 remaining on September 30 of the current fiscal year from the amounts appropriated in part 1 for gifts and bequests for patient living and treatment environments shall be carried forward for 1 fiscal year. The purpose of gifts and bequests for patient living and treatment environments is to use additional private funds to provide specific enhancements for individuals residing at state-operated facilities. Use of the gifts and bequests shall be consistent with the stipulation of the donor. The expected completion date for the use of gifts and bequests donations is within 3 years unless otherwise stipulated by the donor.
Sec. 605. (1) The department shall not implement any closures or consolidations of state hospitals, centers, or agencies until CMHSPs or PIHPs have programs and services in place for those individuals currently in those facilities and a plan for service provision for those individuals who would have been admitted to those facilities.
(2) All closures or consolidations are dependent upon adequate department-approved CMHSP and PIHP plans that include a discharge and aftercare plan for each individual currently in the facility. A discharge and aftercare plan shall address the individual’s housing needs. A homeless shelter or similar temporary shelter arrangements are inadequate to meet the individual’s housing needs.
(3) Four months after the certification of closure required in section 19(6) of the state employees’ retirement act, 1943 PA 240, MCL 38.19, the department shall provide a closure plan to the house and senate appropriations subcommittees on community health and the state budget director.
(4) Upon the closure of state-run operations and after transitional costs have been paid, the remaining balances of funds appropriated for that operation shall be transferred to CMHSPs or PIHPs responsible for providing services for individuals previously served by the operations.
Sec. 606. The department may collect revenue for patient reimbursement from first- and third-party payers, including Medicaid and local county CMHSP payers, to cover the cost of placement in state hospitals and centers. The department is authorized to adjust financing sources for patient reimbursement based on actual revenues earned. If the revenue collected exceeds current year expenditures, the revenue may be carried forward with approval of the state budget director. The revenue carried forward shall be used as a first source of funds in the subsequent year.
Sec. 608. Effective October 1, 2011, the department, in consultation with the department of technology, management, and budget, may maintain a bid process to identify 1 or more private contractors to provide food service and custodial services for the administrative areas at any state hospital identified by the department as capable of generating savings through the outsourcing of such services.
PUBLIC HEALTH ADMINISTRATION
Sec. 650. The department shall report to the senate and house appropriations subcommittees on community health by April 1 of the current fiscal year on its criteria and methodology used to derive the information provided to residents in the annual Michigan fish advisory.
Sec. 653. The department shall maintain plans to address potential state public health emergencies.
HEALTH POLICY
Sec. 704. The department shall continue to contract with grantees supported through the appropriation in part 1 for the emergency medical services grants and contracts to ensure that a sufficient number of qualified emergency medical services personnel exist to serve rural areas of the state.
Sec. 709. The funds appropriated in part 1 for the Michigan essential health care provider program may also provide loan repayment for dentists that fit the criteria established by part 27 of the public health code, 1978 PA 368, MCL 333.2701 to 333.2727.
Sec. 712. From the funds appropriated in part 1 for primary care services, $250,000.00 shall be allocated to free health clinics operating in the state. The department shall distribute the funds equally to each free health clinic. For the purpose of this appropriation, “free health clinics” means nonprofit organizations that use volunteer health professionals to provide care to uninsured individuals.
Sec. 713. The department shall continue support of multicultural agencies that provide primary care services from the funds appropriated in part 1.
INFECTIOUS DISEASE CONTROL
Sec. 804. The department, in conjunction with efforts to implement the Michigan prisoner reentry initiative, shall cooperate with the department of corrections to share data and information as they relate to prisoners being released who are HIV positive or positive for the hepatitis C antibody.
LOCAL HEALTH ADMINISTRATION AND GRANTS
Sec. 901. The amount appropriated in part 1 for implementation of the 1993 additions of or amendments to sections 9161, 16221, 16226, 17014, 17015, and 17515 of the public health code, 1978 PA 368, MCL 333.9161, 333.16221, 333.16226, 333.17014, 333.17015, and 333.17515, shall be used to reimburse local health departments for costs incurred related to implementation of section 17015(18) of the public health code, 1978 PA 368, MCL 333.17015.
Sec. 902. If a county that has participated in a district health department or an associated arrangement with other local health departments takes action to cease to participate in such an arrangement after October 1 of the current fiscal year, the department shall have the authority to assess a penalty from the local health department’s operational accounts in an amount equal to no more than 6.25% of the local health department’s essential local public health services funding. This penalty shall only be assessed to the local county that requests the dissolution of the health department.
Sec. 904. (1) Funds appropriated in part 1 for essential local public health services shall be prospectively allocated to local health departments to support immunizations, infectious disease control, sexually transmitted disease control and prevention, hearing screening, vision services, food protection, public water supply, private groundwater supply, and on-site sewage management. Food protection shall be provided in consultation with the department of agriculture and rural development. Public water supply, private groundwater supply, and on-site sewage management shall be provided in consultation with the department of environmental quality.
(2) Local public health departments shall be held to contractual standards for the services in subsection (1).
(3) Distributions in subsection (1) shall be made only to counties that maintain local spending in the current fiscal year of at least the amount expended in fiscal year 1992-1993 for the services described in subsection (1).
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
Sec. 1004. It is the intent of the legislature that the department continue to collaborate with the county of St. Clair and the city of Detroit southwest community to investigate and evaluate cancer rates.
FAMILY, MATERNAL, AND CHILDREN’S HEALTH SERVICES
Sec. 1103. Beginning January 3, 2012, the department shall annually issue to the legislature, and to the public on the Internet, a report providing estimated public funds administered by the department for family planning, sexually transmitted infection prevention and treatment, and pregnancies and births, as well as demographics collected by the department as self-reported by individuals utilizing those services.
Sec. 1104. (1) Before April 1 of the current fiscal year, the department shall submit a report to the house and senate fiscal agencies and the state budget director on planned allocations from the amounts appropriated in part 1 for local MCH services, prenatal care outreach and service delivery support, family planning local agreements, and pregnancy prevention programs. Using applicable federal definitions, the report shall include information on all of the following:
(a) Funding allocations.
(b) Actual number of women, children, and adolescents served and amounts expended for each group for the immediately preceding fiscal year.
(c) A breakdown of the expenditure of these funds between urban and rural communities.
(2) The department shall ensure that the distribution of funds through the programs described in subsection (1) takes into account the needs of rural communities.
(3) For the purposes of this section, “rural” means a county, city, village, or township with a population of 30,000 or less, including those entities if located within a metropolitan statistical area.
Sec. 1106. Each family planning program receiving federal title X family planning funds under 42 USC 300 to 300a-8 shall be in compliance with all performance and quality assurance indicators that the office of family planning within the United States department of health and human services specifies in the family planning annual report. An agency not in compliance with the indicators shall not receive supplemental or reallocated funds.
Sec. 1108. The funds appropriated in part 1 for pregnancy prevention programs shall not be used to provide abortion counseling, referrals, or services.
Sec. 1109. (1) From the amounts appropriated in part 1 for dental programs, funds shall be allocated to the Michigan dental association for the administration of a volunteer dental program that provides dental services to the uninsured.
(2) Not later than December 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on community health and the senate and house standing committees on health policy the number of individual patients treated, number of procedures performed, and approximate total market value of those procedures from the immediately preceding fiscal year.
Sec. 1117. Contingent upon the availability of federal or state restricted funds, the department may pursue efforts to reduce the incidence of stillbirth. Efforts shall include the establishment of a program to increase public awareness of stillbirth, promote education to monitor fetal movements counting kicks, promote a uniform definition of stillbirth, standardize data collection of stillbirths, and collaborate with appropriate federal agencies and statewide organizations. The department shall seek federal or other grant funds to assist in implementing this program.
Sec. 1119. From the funds appropriated in part 1 for family planning local agreements or pregnancy prevention programs, no state funds shall be used to encourage or support abortion services.
Sec. 1133. The department shall release infant mortality rate data to all local public health departments 72 hours or more before releasing infant mortality rate data to the public.
Sec. 1135. (1) If funds become available, provision of the school health education curriculum, such as the Michigan model for health or another comprehensive school health education curriculum, shall be in accordance with the health education goals established by the Michigan model steering committee. The steering committee shall be composed of a representative from each of the following offices and departments:
(a) The department of education.
(b) The department of community health.
(c) The health administration in the department of community health.
(d) The mental health and substance abuse administration in the department of community health.
(e) The department of human services.
(f) The department of state police.
(2) Upon written or oral request, a pupil not less than 18 years of age or a parent or legal guardian of a pupil less than 18 years of age, within a reasonable period of time after the request is made, shall be informed of the content of a course in the health education curriculum and may examine textbooks and other classroom materials that are provided to the pupil or materials that are presented to the pupil in the classroom. This subsection does not require a school board to permit pupil or parental examination of test questions and answers, scoring keys, or other examination instruments or data used to administer an academic examination.
WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM
Sec. 1153. The department shall ensure that individuals residing in rural communities have sufficient access to the services offered through the WIC program.
CHILDREN’S SPECIAL HEALTH CARE SERVICES
Sec. 1202. The department may do 1 or more of the following:
(a) Provide special formula for eligible clients with specified metabolic and allergic disorders.
(b) Provide medical care and treatment to eligible patients with cystic fibrosis who are 21 years of age or older.
(c) Provide medical care and treatment to eligible patients with hereditary coagulation defects, commonly known as hemophilia, who are 21 years of age or older.
(d) Provide human growth hormone to eligible patients.
Sec. 1204. By October 1, 2011, the department shall report to the senate and house appropriations committees on community health and the senate and house fiscal agencies on its plan for enrolling Medicaid eligible children’s special health care services recipients in the Medicaid health plans. The report shall include information on which Medicaid health plans are participating, the methods used to assure continuity of care and continuity of ongoing relationships with providers, and projected savings from the implementation of the proposal.
CRIME VICTIM SERVICES COMMISSION
Sec. 1302. From the funds appropriated in part 1 for justice assistance grants, up to $200,000.00 shall be allocated for expansion of forensic nurse examiner programs to facilitate training for improved evidence collection for the prosecution of sexual assault. The funds shall be used for program coordination and training.
OFFICE OF SERVICES TO THE AGING
Sec. 1401. The appropriation in part 1 to the office of services to the aging for community services and nutrition services shall be restricted to eligible individuals at least 60 years of age who fail to qualify for home care services under title XVIII, XIX, or XX.
Sec. 1403. (1) The office of services to the aging shall require each region to report to the office of services to the aging and to the legislature home-delivered meals waiting lists based upon standard criteria. Determining criteria shall include all of the following:
(a) The recipient’s degree of frailty.
(b) The recipient’s inability to prepare his or her own meals safely.
(c) Whether the recipient has another care provider available.
(d) Any other qualifications normally necessary for the recipient to receive home-delivered meals.
(2) Data required in subsection (1) shall be recorded only for individuals who have applied for participation in the home-delivered meals program and who are initially determined as likely to be eligible for home-delivered meals.
Sec. 1417. The department shall provide to the senate and house appropriations subcommittees on community health, senate and house fiscal agencies, and state budget director a report by March 30 of the current fiscal year that contains all of the following:
(a) The total allocation of state resources made to each area agency on aging by individual program and administration.
(b) Detail expenditure by each area agency on aging by individual program and administration including both state-funded resources and locally-funded resources.
Sec. 1420. If funds become available, the department shall create a pilot project to establish an aging care management services program with services provided solely by nurses. This pilot project shall be established in a county with a population greater than 150,000 but less than 250,000.
MEDICAL SERVICES
Sec. 1601. The cost of remedial services incurred by residents of licensed adult foster care homes and licensed homes for the aged shall be used in determining financial eligibility for the medically needy. Remedial services include basic self-care and rehabilitation training for a resident.
Sec. 1603. (1) The department may establish a program for individuals to purchase medical coverage at a rate determined by the department.
(2) The department may receive and expend premiums for the buy-in of medical coverage in addition to the amounts appropriated in part 1.
(3) The premiums described in this section shall be classified as private funds.
(4) The department shall modify program policies to permit individuals eligible for the transitional medical assistance plus program, as structured in fiscal year 2009-2010, to access medical assistance coverage through a 100% cost share.
Sec. 1605. The protected income level for Medicaid coverage determined pursuant to section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL 400.106, shall be 100% of the related public assistance standard.
Sec. 1606. For the purpose of guardian and conservator charges, the department of community health may deduct up to $60.00 per month as an allowable expense against a recipient’s income when determining medical services eligibility and patient pay amounts.
Sec. 1607. (1) An applicant for Medicaid, whose qualifying condition is pregnancy, shall immediately be presumed to be eligible for Medicaid coverage unless the preponderance of evidence in her application indicates otherwise. The applicant who is qualified as described in this subsection shall be allowed to select or remain with the Medicaid participating obstetrician of her choice.
(2) An applicant qualified as described in subsection (1) shall be given a letter of authorization to receive Medicaid covered services related to her pregnancy. All qualifying applicants shall be entitled to receive all medically necessary obstetrical and prenatal care without preauthorization from a health plan. All claims submitted for payment for obstetrical and prenatal care shall be paid at the Medicaid fee-for-service rate in the event a contract does not exist between the Medicaid participating obstetrical or prenatal care provider and the managed care plan. The applicant shall receive a listing of Medicaid physicians and managed care plans in the immediate vicinity of the applicant’s residence.
(3) In the event that an applicant, presumed to be eligible pursuant to subsection (1), is subsequently found to be ineligible, a Medicaid physician or managed care plan that has been providing pregnancy services to an applicant under this section is entitled to reimbursement for those services until such time as they are notified by the department that the applicant was found to be ineligible for Medicaid.
(4) If the preponderance of evidence in an application indicates that the applicant is not eligible for Medicaid, the department shall refer that applicant to the nearest public health clinic or similar entity as a potential source for receiving pregnancy-related services.
(5) The department shall develop an enrollment process for pregnant women covered under this section that facilitates the selection of a managed care plan at the time of application.
(6) The department shall mandate enrollment of women, whose qualifying condition is pregnancy, into Medicaid managed care plans.
(7) The department shall encourage physicians to provide women, whose qualifying condition for Medicaid is pregnancy, with a referral to a Medicaid participating dentist at the first pregnancy-related appointment.
Sec. 1611. (1) For care provided to medical services recipients with other third-party sources of payment, medical services reimbursement shall not exceed, in combination with such other resources, including Medicare, those amounts established for medical services-only patients. The medical services payment rate shall be accepted as payment in full. Other than an approved medical services co-payment, no portion of a provider’s charge shall be billed to the recipient or any person acting on behalf of the recipient. Nothing in this section shall be considered to affect the level of payment from a third-party source other than the medical services program. The department shall require a nonenrolled provider to accept medical services payments as payment in full.
(2) Notwithstanding subsection (1), medical services reimbursement for hospital services provided to dual Medicare/medical services recipients with Medicare part B coverage only shall equal, when combined with payments for Medicare and other third-party resources, if any, those amounts established for medical services-only patients, including capital payments.
Sec. 1620. (1) For fee-for-service recipients who do not reside in nursing homes, the pharmaceutical dispensing fee shall be $2.75 or the pharmacy’s usual or customary cash charge, whichever is less. For nursing home residents, the pharmaceutical dispensing fee shall be $3.00 or the pharmacy’s usual or customary cash charge, whichever is less.
(2) The department shall require a prescription co-payment for Medicaid recipients of $1.00 for a generic drug and $3.00 for a brand-name drug, except as prohibited by federal or state law or regulation.
Sec. 1627. (1) The department shall use procedures and rebate amounts specified under section 1927 of title XIX, 42 USC 1396r-8, to secure quarterly rebates from pharmaceutical manufacturers for outpatient drugs dispensed to participants in the MIChild program, maternal outpatient medical services program, and children’s special health care services.
(2) For products distributed by pharmaceutical manufacturers not providing quarterly rebates as listed in subsection (1), the department may require preauthorization.
Sec. 1629. The department shall utilize maximum allowable cost pricing for generic drugs that is based on wholesaler pricing to providers that is available from at least 2 wholesalers who deliver in the state of Michigan.
Sec. 1630. Medicaid coverage for adult dental and podiatric services shall continue at not less than the level in effect on October 1, 2002, except that reasonable utilization limitations may be adopted in order to prevent excess utilization.
Sec. 1631. (1) The department shall require co-payments on dental, podiatric, and vision services provided to Medicaid recipients, except as prohibited by federal or state law or regulation.
(2) Except as otherwise prohibited by federal or state law or regulations, the department shall require Medicaid recipients to pay the following co-payments:
(a) Two dollars for a physician office visit.
(b) Three dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital stay.
(d) One dollar for an outpatient hospital visit.
Sec. 1641. An institutional provider that is required to submit a cost report under the medical services program shall submit cost reports completed in full within 5 months after the end of its fiscal year.
Sec. 1642. The department shall allow ambulatory surgery centers in this state to fully participate in the Medicaid program.
Sec. 1657. (1) Reimbursement for medical services to screen and stabilize a Medicaid recipient, including stabilization of a psychiatric crisis, in a hospital emergency room shall not be made contingent on obtaining prior authorization from the recipient’s HMO. If the recipient is discharged from the emergency room, the hospital shall notify the recipient’s HMO within 24 hours of the diagnosis and treatment received.
(2) If the treating hospital determines that the recipient will require further medical service or hospitalization beyond the point of stabilization, that hospital shall receive authorization from the recipient’s HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do not require an alteration to an existing agreement between an HMO and its contracting hospitals and do not require an HMO to reimburse for services that are not considered to be medically necessary.
Sec. 1659. The following sections of this article are the only ones that shall apply to the following Medicaid managed care programs, including the comprehensive plan, MIChoice long-term care plan, and the mental health, substance abuse, and developmentally disabled services program: 404, 411, 418, 428, 474, 494, 1607, 1657, 1662, 1689, 1699, 1740, 1764, 1787, 1815, 1820, 1835, 1850, and 1853.
Sec. 1662. (1) The department shall assure that an external quality review of each contracting HMO is performed that results in an analysis and evaluation of aggregated information on quality, timeliness, and access to health care services that the HMO or its contractors furnish to Medicaid beneficiaries.
(2) The department shall require Medicaid HMOs to provide EPSDT utilization data through the encounter data system, and HEDIS well child health measures in accordance with the national committee for quality assurance prescribed methodology.
(3) The department shall provide a copy of the analysis of the Medicaid HMO annual audited HEDIS reports and the annual external quality review report to the senate and house of representatives appropriations subcommittees on community health, the senate and house fiscal agencies, and the state budget director, within 30 days of the department’s receipt of the final reports from the contractors.
Sec. 1670. (1) The appropriation in part 1 for the MIChild program is to be used to provide comprehensive health care to all children under age 19 who reside in families with income at or below 200% of the federal poverty level, who are uninsured and have not had coverage by other comprehensive health insurance within 6 months of making application for MIChild benefits, and who are residents of this state. The department shall develop detailed eligibility criteria through the medical services administration public concurrence process, consistent with the provisions of this article. Health coverage for children in families between 150% and 200% of the federal poverty level shall be provided through a state-based private health care program.
(2) The department may provide up to 1 year of continuous eligibility to children eligible for the MIChild program unless the family fails to pay the monthly premium, a child reaches age 19, or the status of the children’s family changes and its members no longer meet the eligibility criteria as specified in the federally approved MIChild state plan.
(3) Children whose category of eligibility changes between the Medicaid and MIChild programs shall be assured of keeping their current health care providers through the current prescribed course of treatment for up to 1 year, subject to periodic reviews by the department if the beneficiary has a serious medical condition and is undergoing active treatment for that condition.
(4) To be eligible for the MIChild program, a child must be residing in a family with an adjusted gross income of less than or equal to 200% of the federal poverty level. The department’s verification policy shall be used to determine eligibility.
(5) The department shall enter into a contract to obtain MIChild services from any HMO, dental care corporation, or any other entity that offers to provide the managed health care benefits for MIChild services at the MIChild capitated rate. As used in this subsection:
(a) “Dental care corporation”, “health care corporation”, “insurer”, and “prudent purchaser agreement” mean those terms as defined in section 2 of the prudent purchaser act, 1984 PA 233, MCL 550.52.
(b) “Entity” means a health care corporation or insurer operating in accordance with a prudent purchaser agreement.
(6) The department may enter into contracts to obtain certain MIChild services from community mental health service programs.
(7) The department may make payments on behalf of children enrolled in the MIChild program from the line-item appropriation associated with the program as described in the MIChild state plan approved by the United States department of health and human services, or from other medical services.
(8) The department shall assure that an external quality review of each MIChild contractor, as described in subsection (5), is performed, which analyzes and evaluates the aggregated information on quality, timeliness, and access to health care services that the contractor furnished to MIChild beneficiaries.
(9) The department shall develop an automatic enrollment algorithm that is based on quality and performance factors.
Sec. 1673. The department may establish premiums for MIChild eligible individuals in families with income above 150% of the federal poverty level. The monthly premiums shall not be less than $10.00 or exceed $15.00 for a family.
Sec. 1682. (1) The department shall implement enforcement actions as specified in the nursing facility enforcement provisions of section 1919 of title XIX, 42 USC 1396r.
(2) In addition to the appropriations in part 1, the department is authorized to receive and spend penalty money received as the result of noncompliance with medical services certification regulations. Penalty money, characterized as private funds, received by the department shall increase authorizations and allotments in the long-term care accounts.
(3) The department is authorized to provide civil monetary penalty funds to the disability network/Michigan to be distributed to the 15 centers for independent living for the purpose of assisting individuals with disabilities who reside in nursing homes to return to their own homes.
(4) The department is authorized to use civil monetary penalty funds to conduct a survey evaluating consumer satisfaction and the quality of care at nursing homes. Factors can include, but are not limited to, the level of satisfaction of nursing home residents, their families, and employees. The department may use an independent contractor to conduct the survey.
(5) Any unexpended penalty money, at the end of the year, shall carry forward to the following year.
Sec. 1684. The department shall submit a report by September 30 of the current fiscal year to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget director that will identify by waiver agent, Medicaid home- and community-based services waiver costs by administration, case management, and direct services.
Sec. 1685. All nursing home rates, class I and class III, shall have their respective fiscal year rate set 30 days prior to the beginning of their rate year. Rates may take into account the most recent cost report prepared and certified by the preparer, provider corporate owner or representative as being true and accurate, and filed timely, within 5 months of the fiscal year end in accordance with Medicaid policy. If the audited version of the last report is available, it shall be used. Any rate factors based on the filed cost report may be retroactively adjusted upon completion of the audit of that cost report.
Sec. 1689. (1) Priority in enrolling additional individuals in the Medicaid home- and community-based services waiver program shall be given to those who are currently residing in nursing homes or who are eligible to be admitted to a nursing home if they are not provided home- and community-based services. The department shall use screening and assessment procedures to assure that no additional Medicaid eligible individuals are admitted to nursing homes who would be more appropriately served by the Medicaid home- and community-based services waiver program. It is the intent of the legislature that when an individual is transferred from a nursing home to the home- and community-based services waiver program, the funding to cover that individual’s home- and community-based services waiver program costs shall be transferred from the long-term care services line item to the Medicaid home- and community-based services waiver line item. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) Within 60 days of the end of each fiscal year, the department shall provide a report to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies that details existing and future allocations for the home- and community-based services waiver program by regions as well as the associated expenditures. The report shall include information regarding the net cost savings from moving individuals from a nursing home to the home- and community-based services waiver program, the number of individuals transitioned from nursing homes to the home- and community-based services waiver program, the number of individuals on waiting lists by region for the program, and the amount of funds transferred during the fiscal year. The report shall also include the number of Medicaid individuals served and the number of days of care for the home- and community-based services waiver program and in nursing homes.
(3) The department shall develop a system to collect and analyze information regarding individuals on the home- and community-based services waiver program waiting list to identify the community supports they receive, including, but not limited to, adult home help, food assistance, and housing assistance services and to determine the extent to which these community supports help individuals remain in their home and avoid entry into a nursing home. The department shall provide a progress report on implementation to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies by June 1 of the current fiscal year.
(4) The department shall maintain any policies, guidelines, procedures, standards, and regulations in order to limit the self-determination option with respect to the home- and community-based services waiver program to those services furnished by approved home-based service providers meeting provider qualifications established in the waiver and approved by the centers for Medicare and Medicaid services.
Sec. 1692. (1) The department is authorized to pursue reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department and the state budget director are authorized to negotiate and enter into agreements, together with the department of education, with local and intermediate school districts regarding the sharing of federal Medicaid services funds received for these services. The department is authorized to receive and disburse funds to participating school districts pursuant to such agreements and state and federal law.
(2) From the funds appropriated in part 1 for medical services school-based services payments, the department is authorized to do all of the following:
(a) Finance activities within the medical services administration related to this project.
(b) Reimburse participating school districts pursuant to the fund-sharing ratios negotiated in the state-local agreements authorized in subsection (1).
(c) Offset general fund costs associated with the medical services program.
Sec. 1693. The special Medicaid reimbursement appropriation in part 1 may be increased if the department submits a medical services state plan amendment pertaining to this line item at a level higher than the appropriation. The department is authorized to appropriately adjust financing sources in accordance with the increased appropriation.
Sec. 1694. The department shall distribute $1,122,300.00 to an academic health care system that includes a children’s hospital that has a high indigent care volume.
Sec. 1699. (1) The department may make separate payments in the amount of $45,000,000.00 directly to qualifying hospitals serving a disproportionate share of indigent patients and to hospitals providing GME training programs. If direct payment for GME and DSH is made to qualifying hospitals for services to Medicaid clients, hospitals shall not include GME costs or DSH payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH funding using the distribution methodology used in fiscal year 2003-2004.
(3) By September 30 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies on the new distribution of funding to each eligible hospital from the GME and DSH pools.
(4) The department shall form a workgroup on DSH funding consisting of representatives from hospitals and hospital systems receiving DSH funding and the Michigan health and hospital association. The workgroup shall work to derive a new DSH formula or formulas designed to provide equitable payments to qualifying hospitals. The department shall report to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies on the results of the workgroup’s efforts by March 1 of the current fiscal year.
Sec. 1712. (1) Subject to the availability of funds, the department shall implement a rural health initiative. Available funds shall first be allocated as an outpatient adjustor payment to be paid directly to hospitals in rural counties in proportion to each hospital’s Medicaid and indigent patient population. Additional funds, if available, shall be allocated for defibrillator grants, emergency medical technician training and support, or other similar programs.
(2) Except as otherwise specified in this section, “rural” means a county, city, village, or township with a population of not more than 30,000, including those entities if located within a metropolitan statistical area.
Sec. 1718. The department shall provide each Medicaid adult home help beneficiary or applicant with the right to a fair hearing when the department or its agent reduces, suspends, terminates, or denies adult home help services. If the department takes action to reduce, suspend, terminate, or deny adult home help services, it shall provide the beneficiary or applicant with a written notice that states what action the department proposes to take, the reasons for the intended action, the specific regulations that support the action, and an explanation of the beneficiary’s or applicant’s right to an evidentiary hearing and the circumstances under which those services will be continued if a hearing is requested.
Sec. 1724. The department shall allow licensed pharmacies to purchase injectable drugs for the treatment of respiratory syncytial virus for shipment to physicians’ offices to be administered to specific patients. If the affected patients are Medicaid eligible, the department shall reimburse pharmacies for the dispensing of the injectable drugs and reimburse physicians for the administration of the injectable drugs.
Sec. 1740. From the funds appropriated in part 1 for health plan services, the department shall assure that all GME funds continue to be promptly distributed to qualifying hospitals using the methodology developed in consultation with the graduate medical education advisory group during fiscal year 2006-2007.
Sec. 1741. The department shall continue to provide nursing homes the opportunity to receive interim payments upon their request. The department may disapprove requests or discontinue interim payments that result in financial risk to this state. The department shall make reasonable efforts to ensure that the interim payments are as similar in amount to expected cost-settled payments.
Sec. 1756. The department shall develop a plan to expand and improve the beneficiary monitoring program. The department shall submit this plan to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget director by April 1 of the current fiscal year.
Sec. 1757. The department shall direct the department of human services to obtain proof from all Medicaid recipients that they are legal United States citizens or otherwise legally residing in this country and that they are residents of this state before approving Medicaid eligibility.
Sec. 1764. The department shall annually certify rates paid to Medicaid health plans as being actuarially sound in accordance with federal requirements and shall provide a copy of the rate certification and approval immediately to the house and senate appropriations subcommittees on community health and the house and senate fiscal agencies.
Sec. 1770. In conjunction with the consultation requirements of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and except as otherwise provided in this section, the department shall attempt to make the effective date for a proposed Medicaid policy bulletin or adjustment to the Medicaid provider manual on October 1, January 1, April 1, or July 1 after the end of the consultation period. The department may provide an effective date for a proposed Medicaid policy bulletin or adjustment to the Medicaid provider manual other than provided for in this section if necessary to be in compliance with federal or state law, regulations, or rules or with an executive order of the governor.
Sec. 1775. If the state’s application for a waiver to implement managed care for dual Medicare/Medicaid eligible is approved by the federal government, by April 1, 2012 the department shall provide a report to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies. This report shall include information on the amount of Medicare funding that would be provided to the state, the number of individuals who would be enrolled in the program, which health plans would be among those providing the services, and the estimated savings from the new program.
Sec. 1777. From the funds appropriated in part 1 for long-term care services, the department shall permit, in accordance with applicable federal and state law, nursing homes to use dining assistants to feed eligible residents if legislation to permit the use of dining assistants is enacted into law. The department shall not be responsible for costs associated with training dining assistants.
Sec. 1787. The department shall require the managed care enrollment broker to maintain telephone numbers of Medicaid beneficiaries and provide each Medicaid health plan with the telephone number of that health plan’s enrollees on a monthly basis.
Sec. 1793. The department shall consider the development of a pilot project that focuses on the prevention of preventable hospitalizations from nursing homes.
Sec. 1804. The department, in cooperation with the department of human services, shall work with the federal public assistance reporting information system to identify Medicaid recipients who are veterans and who may be eligible for federal veterans health care benefits or other benefits.
Sec. 1815. From the funds appropriated in part 1 for health plan services, the department shall not implement a capitation withhold as part of the overall capitation rate schedule that exceeds the 0.19% withhold administered during fiscal year 2008-2009.
Sec. 1820. (1) In order to avoid duplication of efforts, the department shall utilize applicable national accreditation review criteria to determine compliance with corresponding state requirements for Medicaid health plans that have been reviewed and accredited by a national accrediting entity for health care services.
(2) Upon submission by Medicaid health plans of a listing of program requirements that are part of the state program review criteria but are not reviewed by an applicable national accreditating entity, the department shall review the listing and provide a recommendation to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget office as to whether or not state program review should continue. The Medicaid health plans may request the department to convene a workgroup to fulfill this section.
(3) The department shall continue to comply with state and federal law and shall not initiate an action that negatively impacts beneficiary safety.
(4) As used in this section, “national accrediting entity” means the national committee for quality assurance, the utilization review accreditation committee, or other appropriate entity, as approved by the department.
(5) By July 1 of the current fiscal year, the department shall provide a progress report to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget office on implementation of this section.
Sec. 1822. The department, the department’s contracted Medicaid pharmacy benefit manager, and all Medicaid health plans shall implement coverage for a mental health prescription drug within 30 days of that drug’s approval by the department’s pharmacy and therapeutics committee.
Sec. 1832. (1) The department shall continue efforts to standardize billing formats, referral forms, electronic credentialing, primary source verification, electronic billing and attachments, claims status, eligibility verification, and reporting of accepted and rejected encounter records received in the department data warehouse.
(2) The department shall convene a workgroup on making e-billing mandatory for the Medicaid program. The workgroup shall include representatives from medical provider organizations, Medicaid HMOs, and the department. The department shall report to the legislature on the findings of the workgroup by April 1 of the current fiscal year.
(3) The department shall provide a report by April 1 of the current fiscal year to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies detailing the percentage of claims for Medicaid reimbursement provided to the department that were initially rejected in the first quarter of fiscal year 2011-2012.
Sec. 1835. The department shall develop and implement processes to report rejected and accepted encounters to Medicaid health plans. The department shall further enhance encounter data reporting processes and program rules that make each health plan’s encounter data as complete as possible, provide a fair measure of acuity for each health plan’s enrolled population for risk adjustment purposes, and minimize health plan administrative expenses.
Sec. 1836. In addition to the guidelines established in Medical Services Administration Bulletin MSA 09-28, medically necessary optical devices and other treatment services for adult Medicaid patients shall be covered when conventional treatments do not provide functional vision correction. Such ocular conditions include, but are not limited to, congenital or acquired ocular disease or eye trauma.
Sec. 1837. The department shall explore utilization of telemedicine and telepsychiatry as strategies to increase access to services for Medicaid recipients in medically underserved areas.
Sec. 1842. (1) Subject to the availability of funds, the department shall adjust the hospital outpatient Medicaid reimbursement rate for qualifying hospitals as provided in this section. The Medicaid reimbursement rate for qualifying hospitals shall be adjusted to provide each qualifying hospital with its actual cost of delivering outpatient services to Medicaid recipients.
(2) As used in this section, “qualifying hospital” means a hospital that has not more than 50 staffed beds and is either located outside a metropolitan statistical area or in a metropolitan statistical area but within a city, village, or township with a population of not more than 12,000 according to the official 2000 federal decennial census and within a county with a population of not more than 165,000 according to the official 2000 federal decennial census.
Sec. 1846. (1) The department shall establish a workgroup on graduate medical education funding. The workgroup shall include representatives of teaching hospitals, the Michigan health and hospital association, and other interested parties.
(2) The workgroup shall do all of the following:
(a) Identify physician specialties where there is a current or potential shortage of practitioners and identify the geographic areas of this state where those shortages exist or potentially could develop.
(b) Research efforts by other states to address practitioner shortages by adjusting their graduate medical education payments.
(c) Recommend potential policy changes to the graduate medical education program to help reduce practitioner shortages.
(3) The department shall report the results of the workgroup’s efforts to the senate and house appropriations subcommittees on community health, the senate and house fiscal agencies, and the state budget director by April 1 of the current fiscal year.
(4) It is the intent of the legislature that the report required under subsection (3) be used as a possible basis for the establishment of new graduate medical education funding formulas in fiscal year 2012-2013.
Sec. 1847. The department shall meet with the Michigan association of ambulance services to discuss the possible structure of an ambulance quality assurance assessment program.
Sec. 1849. (1) The department shall use at least 50% of the funds allocated for voluntary in-home visiting services for evidence-based models or models that conform to a promising approach that are in the process of being evaluated through a process that meets the requirements described in subsection (2) with the goal of being evidence-based by January 1, 2013.
(2) As used in this section:
(a) “Evidence-based” means a model or practice that meets all of the following requirements:
(i) The model or practice is governed by a program manual or protocol that specifies the purpose, rigorous evaluation requirements, and duration and frequency of service that constitutes the model.
(ii) Scientific research using methods that meet scientific standards, evaluated using either randomized controlled research designs, or quasi-experimental research designs with equivalent comparison groups. The effects of such programs must have been demonstrated with 2 or more separate client samples that the program improves client outcomes central to the purpose of the program; and the model or practice monitors program implementation for fidelity to the specified model.
(b) “In-home visiting services” means a service delivery strategy that is carried out in the homes of families or children from conception to school age that provides culturally sensitive face-to-face visits by nurses, or other professional or paraprofessionals trained to promote positive parenting practices, enhance the socio-emotional and cognitive development of children, improve health of the family, and empower the family to be self-sufficient.
(3) By February 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on community health an annual report on evidence-based voluntary in-home visiting services, including a full accounting of administrative expenditures from the prior fiscal year, and a summary detailing the demographic characteristics of Medicaid families served.
(4) No later than September 30, 2011, the department shall submit a report to the senate and house appropriations subcommittees on community health on its plan to establish an integrated benefit for Medicaid evidence-based home visitation services to be provided by Medicaid health plans for eligible beneficiaries. The report shall include information on the potential methods used to assure continuity of care and continuity of ongoing relationships with providers and their potential effectiveness. It is the intent of the legislature that the integrated benefit must be provided by evidence-based service delivery models or practices in a manner that achieves fidelity to the evidence-based model.
Sec. 1850. The department may allow Medicaid health plans to assist with the redetermination process through outreach activities to ensure continuation of Medicaid eligibility and enrollment in managed care. This may include mailings, telephone contact, or face-to-face contact with beneficiaries enrolled in the individual Medicaid health plan. Health plans may offer assistance in completing paperwork for beneficiaries enrolled in their plan.
Sec. 1853. The department shall form a workgroup composed of representatives from the Medicaid HMOs and the Michigan association of health plans to develop revisions to the process of automatically assigning new Medicaid recipients to HMOs if they do not choose an HMO upon enrollment. The department shall report on the results of the workgroup’s findings to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies by March 1 of the current fiscal year.
Sec. 1854. The department may work with a provider of kidney dialysis services and renal care as authorized under section 2703 of the patient protection and affordable care act, Public Law 111-148, to develop a chronic condition health home program for Medicaid enrollees identified with chronic kidney disease and who are beginning dialysis. If initiated, the department shall develop metrics that evaluate program effectiveness and submit a report to the senate and house appropriations subcommittees on community health. Metrics shall include cost savings and clinical outcomes.
Sec. 1855. The department may consider the feasibility of a revenue-neutral, financially risk-averse Medicaid patient optimization solution for the support of emergency department redirection for non-emergent patients.
Sec. 1857. It is the intent of the legislature that the department not reduce Medicaid reimbursement for wheelchairs.
ONE-TIME BASIS ONLY
Sec. 1901. For the state fiscal year ending September 30, 2012, there is appropriated from general fund/general purpose revenue, on a 1-time basis only, $22,100,000.00 and federal revenue for the following purposes:
Mental health services for special populations............................................................................ $ 3,000,000
Healthy Michigan fund programs................................................................................................. 3,000,000
Primary care services – island health clinics............................................................................... 300,000
Hospital services and therapy – graduate medical education....................................................... 17,129,400
Hospital services and therapy – rural and sole community hospitals.......................................... 29,533,400
GROSS APPROPRIATION.............................................................................................................. $ 52,962,800
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 30,862,800
State general fund/general purpose.............................................................................................. $ 22,100,000
Sec. 1902. From the funds appropriated in section 1901 for healthy Michigan fund programs, $900,000.00 shall be allocated for cancer prevention and control.
Sec. 1903. (1) From the funds appropriated in section 1901 for hospital services and therapy – rural and sole community hospitals, $10,000,000.00 general fund/general purpose revenue and any associated federal match shall be awarded to hospitals that meet criteria established by the department for services to low-income rural residents.
(2) No hospital or hospital system shall receive more than 5.0% of the total funding referenced in subsection (1).
(3) The department shall report to the senate and house appropriations subcommittees on community health and the senate and house fiscal agencies on the distribution of funds referenced in subsection (1) by April 1 of the current fiscal year.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 2001. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2013 for the line items listed in part 1. The fiscal year 2012-2013 appropriations are anticipated to be the same as those for fiscal year 2011-2012, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2012 consensus revenue estimating conference.
ARTICLE V
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article, the amounts listed in this part are appropriated for the department of corrections for the fiscal year ending September 30, 2012, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population........................................................................................................45,917
Full-time equated unclassified positions...........................................................................16.0
Full-time equated classified positions........................................................................15,552.8
GROSS APPROPRIATION.......................................................................................................... $ 1,936,573,800
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 943,800
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,935,630,000
Federal revenues:
Total federal revenues................................................................................................................... 7,995,100
Special revenue funds:
Total local revenues...................................................................................................................... 447,300
Total private revenues................................................................................................................... 0
Total other state restricted revenues............................................................................................. 52,351,400
State general fund/general purpose.............................................................................................. $ 1,874,836,200
Sec. 102. EXECUTIVE
Full-time equated unclassified positions...........................................................................16.0
Full-time equated classified positions...............................................................................46.0
Unclassified positions—16.0 FTE positions................................................................................ $ 1,192,600
Executive direction—46.0 FTE positions..................................................................................... 5,411,100
Neal, et al. settlement agreement................................................................................................. 15,000,000
GROSS APPROPRIATION.......................................................................................................... $ 21,603,700
Appropriated from:
State general fund/general purpose.............................................................................................. $ 21,603,700
Sec. 103. PLANNING AND COMMUNITY SUPPORT
Full-time equated classified positions...............................................................................12.0
MPRI residential stability............................................................................................................. $ 7,251,300
MPRI employment readiness........................................................................................................ 7,265,100
MPRI social support..................................................................................................................... 4,861,000
MPRI health and behavioral health.............................................................................................. 3,357,700
MPRI operations support.............................................................................................................. 3,848,400
MPRI reintegration, training, and employment............................................................................ 600,000
MPRI other projects..................................................................................................................... 26,726,200
MPRI federal grants..................................................................................................................... 1,035,000
Substance abuse testing and treatment services—12.0 FTE positions......................................... 24,070,900
Residential services...................................................................................................................... 18,075,500
Community corrections comprehensive plans and services......................................................... 13,958,000
Regional jail program................................................................................................................... 100
Felony drunk driver jail reduction and community treatment program....................................... 1,440,100
County jail reimbursement program............................................................................................. 17,072,100
GROSS APPROPRIATION.......................................................................................................... $ 129,561,400
Appropriated from:
Federal revenues:
DOJ, office of justice programs, RSAT........................................................................................ 143,900
DOJ, prisoner reintegration.......................................................................................................... 1,035,000
Special revenue funds:
Jail reimbursement program fund................................................................................................. 5,900,000
State general fund/general purpose.............................................................................................. $ 122,482,500
Sec. 104. OPERATIONS SUPPORT ADMINISTRATION
Full-time equated classified positions.............................................................................152.9
Operations support administration—45.0 FTE positions............................................................. $ 4,110,700
New custody staff training........................................................................................................... 4,094,100
Compensatory buyout and union leave bank................................................................................ 100
Worker’s compensation................................................................................................................. 16,278,900
Bureau of fiscal management—90.9 FTE positions..................................................................... 8,448,300
Office of legal services—6.0 FTE positions................................................................................ 2,345,100
Internal affairs—11.0 FTE positions............................................................................................ 1,219,300
Rent.............................................................................................................................................. 2,095,200
Equipment and special maintenance............................................................................................ 2,425,500
Administrative hearings officers................................................................................................... 2,682,900
Judicial data warehouse user fees................................................................................................ 50,000
Interdepartmental grant to judiciary............................................................................................. 1,000,000
Interdepartmental grant to corrections ombudsman..................................................................... 250,000
Sheriffs’ coordinating and training office.................................................................................... 500,000
Prosecutorial and detainer expenses............................................................................................. 4,051,000
GROSS APPROPRIATION.......................................................................................................... $ 49,551,100
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund................................................................................. 313,200
Special revenue funds:
Local corrections officer training fund......................................................................................... 500,000
Correctional industries revolving fund......................................................................................... 534,600
State general fund/general purpose.............................................................................................. $ 48,203,300
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions..........................................................................2,161.9
Field operations—2,007.9 FTE positions..................................................................................... $ 184,553,200
Parole board operations—45.0 FTE positions.............................................................................. 4,517,400
Parole/probation services.............................................................................................................. 2,243,500
Community re-entry centers—48.0 FTE positions....................................................................... 14,269,300
Electronic monitoring center—61.0 FTE positions...................................................................... 16,570,200
GROSS APPROPRIATION.......................................................................................................... $ 222,153,600
Appropriated from:
Special revenue funds:
Local - community tether program reimbursement...................................................................... 447,300
Re-entry center offender reimbursements..................................................................................... 141,600
Parole and probation oversight fees............................................................................................. 6,300,000
Parole and probation oversight fees set-aside.............................................................................. 2,649,500
Tether program participant contributions..................................................................................... 2,033,800
State general fund/general purpose.............................................................................................. $ 210,581,400
Sec. 106. CORRECTIONAL FACILITIES-ADMINISTRATION
Average population..........................................................................................................1,750
Full-time equated classified positions..........................................................................1,249.1
Correctional facilities administration—29.0 FTE positions......................................................... $ 8,186,400
Prison food service—394.0 FTE positions................................................................................... 56,718,200
Transportation—211.6 FTE positions.......................................................................................... 19,043,600
Central records—53.5 FTE positions........................................................................................... 3,906,100
Inmate legal services.................................................................................................................... 715,900
Loans to parolees.......................................................................................................................... 179,400
Housing inmates in federal institutions........................................................................................ 793,900
Prison store operations—75.0 FTE positions............................................................................... 1,467,100
Prison industries operations—189.0 FTE positions..................................................................... 21,325,400
Federal school lunch program...................................................................................................... 712,800
Leased beds and alternatives to leased beds................................................................................ 10,000,100
Public works programs................................................................................................................. 10,000,000
Cost-effective housing initiative................................................................................................... 47,906,300
Average population..........................................................................................................1,750
Inmate housing fund..................................................................................................................... (79,232,700)
Education program—252.0 FTE positions................................................................................... 31,279,600
GROSS APPROPRIATION.......................................................................................................... $ 133,002,100
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................................................................................... 630,600
Federal revenues:
DAG-FNS, national school lunch................................................................................................. 712,800
DED-OESE, title 1....................................................................................................................... 533,500
DED-OVAE, adult education........................................................................................................ 911,200
DED-OSERS................................................................................................................................ 110,200
DED, vocational education equipment......................................................................................... 283,100
DED, youthful offender/Specter grant.......................................................................................... 1,318,400
DOJ-BOP, federal prisoner reimbursement.................................................................................. 211,100
DOJ-OJP, serious and violent offender reintegration initiative.................................................... 10,400
DOJ, prison rape elimination act grant........................................................................................ 1,037,900
SSA-SSI, incentive payment........................................................................................................ 144,300
Special revenue funds:
Correctional industries revolving fund......................................................................................... 21,325,400
Public works user fees.................................................................................................................. 10,000,000
Resident stores.............................................................................................................................. 1,467,100
State general fund/general purpose.............................................................................................. $ 94,306,100
Sec. 107. HEALTH CARE
Full-time equated classified positions..........................................................................1,690.0
Health care administration—14.0 FTE positions......................................................................... $ 3,236,200
Prisoner health care services........................................................................................................ 93,095,500
Vaccination program..................................................................................................................... 691,200
Interdepartmental grant to human services, eligibility specialists............................................... 100,000
Mental health services and support—546.0 FTE positions.......................................................... 55,069,200
Northern region clinical complexes—366.6 FTE positions......................................................... 43,198,100
Southern region clinical complexes—763.4 FTE positions......................................................... 116,384,000
GROSS APPROPRIATION.......................................................................................................... $ 311,774,200
Appropriated from:
Special revenue funds:
Prisoner health care copayments.................................................................................................. 354,900
State general fund/general purpose.............................................................................................. $ 311,419,300
Sec. 108. NORTHERN REGION CORRECTIONAL FACILITIES
Average population........................................................................................................18,983
Full-time equated classified positions..........................................................................4,282.9
Alger maximum correctional facility - Munising—265.0 FTE positions.................................... $ 27,249,700
Average population.............................................................................................................889
Baraga maximum correctional facility - Baraga—325.1 FTE positions...................................... 31,829,200
Average population.............................................................................................................884
Earnest C. Brooks correctional facility - Muskegon—447.0 FTE positions................................ 45,545,500
Average population..........................................................................................................2,440
Chippewa correctional facility - Kincheloe—467.4 FTE positions............................................. 47,846,400
Average population..........................................................................................................2,282
Kinross correctional facility - Kincheloe—339.0 FTE positions................................................. 35,237,600
Average population..........................................................................................................1,799
Marquette branch prison - Marquette—339.6 FTE positions....................................................... 37,544,000
Average population..........................................................................................................1,201
Newberry correctional facility - Newberry—263.9 FTE positions.............................................. 26,091,500
Average population.............................................................................................................978
Oaks correctional facility - Eastlake—306.0 FTE positions........................................................ 34,317,200
Average population..........................................................................................................1,156
Ojibway correctional facility - Marenisco—205.9 FTE positions............................................... 19,053,300
Average population..........................................................................................................1,090
Central Michigan correctional facility - St. Louis—416.9 FTE positions................................... 40,278,900
Average population..........................................................................................................2,400
Pugsley correctional facility - Kingsley—216.0 FTE positions................................................... 20,464,400
Average population..........................................................................................................1,158
Saginaw correctional facility - Freeland—312.8 FTE positions.................................................. 31,952,400
Average population..........................................................................................................1,480
St. Louis correctional facility - St. Louis—320.3 FTE positions................................................ 32,541,300
Average population..........................................................................................................1,226
Northern region administration and support—58.0 FTE positions.............................................. 4,304,300
GROSS APPROPRIATION.......................................................................................................... $ 434,255,700
Appropriated from:
Special revenue funds:
State general fund/general purpose.............................................................................................. $ 434,255,700
Sec. 109. SOUTHERN REGION CORRECTIONAL FACILITIES
Average population........................................................................................................25,184
Full-time equated classified positions..........................................................................5,958.0
Bellamy Creek correctional facility - Ionia—394.4 FTE positions............................................. $ 39,857,300
Average population..........................................................................................................1,850
Carson City correctional facility - Carson City—455.1 FTE positions....................................... 47,496,100
Average population..........................................................................................................2,440
Cooper street correctional facility - Jackson—260.9 FTE positions............................................ 28,092,100
Average population..........................................................................................................1,799
G. Robert Cotton correctional facility - Jackson—402.5 FTE positions..................................... 39,548,100
Average population..........................................................................................................1,841
Charles E. Egeler correctional facility - Jackson—355.3 FTE positions..................................... 39,929,200
Average population..........................................................................................................1,376
Richard A. Handlon correctional facility - Ionia—233.4 FTE positions..................................... 24,033,900
Average population..........................................................................................................1,373
Gus Harrison correctional facility - Adrian—444.7 FTE positions............................................. 45,738,200
Average population..........................................................................................................2,342
Huron Valley correctional complex - Ypsilanti—559.7 FTE positions....................................... 58,478,700
Average population..........................................................................................................1,872
Ionia maximum correctional facility - Ionia—304.7 FTE positions............................................ 30,890,400
Average population.............................................................................................................654
Lakeland correctional facility - Coldwater—262.8 FTE positions.............................................. 24,877,200
Average population..........................................................................................................1,336
Macomb correctional facility - New Haven—304.3 FTE positions............................................. 30,406,800
Average population..........................................................................................................1,228
Maxey/Woodland Center correctional facility - Whitmore Lake—272.2 FTE positions............. 26,084,800
Average population.............................................................................................................328
Michigan reformatory - Ionia—320.1 FTE positions................................................................... 34,309,700
Average population..........................................................................................................1,338
Mound correctional facility - Detroit—283.4 FTE positions....................................................... 26,010,600
Average population..........................................................................................................1,062
Parnall correctional facility - Jackson—266.2 FTE positions...................................................... 27,548,800
Average population..........................................................................................................1,678
Ryan correctional facility - Detroit—281.8 FTE positions.......................................................... 29,198,600
Average population..........................................................................................................1,048
Thumb correctional facility - Lapeer—292.5 FTE positions....................................................... 30,251,400
Average population..........................................................................................................1,219
Special alternative incarceration program (Camp Cassidy Lake)—120.0 FTE positions............ 10,149,700
Average population.............................................................................................................400
Southern region administration and support—144.0 FTE positions............................................ 19,946,000
GROSS APPROPRIATION.......................................................................................................... $ 612,847,600
Appropriated from:
Federal revenues:
DOJ, state criminal alien assistance program.............................................................................. 1,543,300
Special revenue funds:
Public works user fees.................................................................................................................. 358,700
State general fund/general purpose.............................................................................................. $ 610,945,600
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 21,824,400
GROSS APPROPRIATION.......................................................................................................... $ 21,824,400
Appropriated from:
Special revenue funds:
Correctional industries revolving fund......................................................................................... 159,600
Parole and probation oversight fees set-aside.............................................................................. 626,200
State general fund/general purpose.............................................................................................. $ 21,038,600
PART 2
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2011-2012 is $1,927,187,600.00 and state spending from state resources to be paid to local units of government for fiscal year 2011-2012 is $89,893,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF CORRECTIONS
Field operations - assumption of county probation staff.............................................................. $ 53,642,400
Public service work projects........................................................................................................ 707,800
Community corrections comprehensive plans and services......................................................... 13,958,000
Community corrections residential services................................................................................. 18,075,500
Community corrections public education and training................................................................ 50,000
Felony drunk driver jail reduction and community treatment program....................................... 1,440,100
Community re-entry centers......................................................................................................... 2,019,600
Regional jail program................................................................................................................... 100
TOTAL.......................................................................................................................................... $ 89,893,500
Sec. 202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this article:
(a) “Administrative segregation” means confinement for maintenance of order or discipline to a cell or room apart from accommodations provided for inmates who are participating in programs of the facility.
(b) “Cost per prisoner” means the sum total of the funds appropriated under part 1 for the following, divided by the projected prisoner population in fiscal year 2010-2011:
(i) Northern and southern region correctional facilities.
(ii) Northern and southern region administration and support.
(iii) Northern and southern region clinical complexes.
(iv) Prisoner health care services.
(v) Health care administration.
(vi) Vaccination program.
(vii) Prison food service and federal school lunch program.
(viii) Transportation.
(ix) Inmate legal services.
(x) Correctional facilities administration.
(xi) Central records.
(xii) DOJ psychiatric plan.
(xiii) Worker’s compensation.
(xiv) New custody staff training.
(xv) Prison store operations.
(xvi) Education services and federal education grants.
(xvii) Education program.
(c) “DAG” means the United States department of agriculture.
(d) “DAG-FNS” means the DAG food and nutrition service.
(e) “DED” means the United States department of education.
(f) “DED-OESE” means the DED office of elementary and secondary education.
(g) “DED-OSERS” means the DED office of special education and rehabilitative services.
(h) “DED-OVAE” means the DED office of vocational and adult education.
(i) “Department” or “MDOC” means the Michigan department of corrections.
(j) “DOJ” means the United States department of justice.
(k) “DOJ-BOP” means the DOJ bureau of prisons.
(l) “DOJ-OJP” means the DOJ office of justice programs.
(m) “Evidence-based practices” or “EBP” means a decision-making process that integrates the best available research, clinician expertise, and client characteristics.
(n) “FTE” means full-time equated.
(o) “GED” means general educational development certificate.
(p) “Goal” means the intended or projected result of a comprehensive corrections plan or community corrections program to reduce repeat offending, criminogenic and high-risk behaviors, prison commitment rates, to reduce the length of stay in a jail, or to improve the utilization of a jail.
(q) “GPS” means global positioning system.
(r) “HIV” means human immunodeficiency virus.
(s) “IDG” means interdepartmental grant.
(t) “IDT” means intradepartmental transfer.
(u) “Jail” means a facility operated by a local unit of government for the physical detention and correction of persons charged with or convicted of criminal offenses.
(v) “MDCH” means the Michigan department of community health.
(w) “Medicaid benefit” means a benefit paid or payable under a program for medical assistance under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(x) “MDSP” means the Michigan department of state police.
(y) “MPRI” means the Michigan prisoner reentry initiative.
(z) “Objective risk and needs assessment” means an evaluation of an offender’s criminal history; the offender’s noncriminal history; and any other factors relevant to the risk the offender would present to the public safety, including, but not limited to, having demonstrated a pattern of violent behavior, and a criminal record that indicates a pattern of violent offenses.
(aa) “Offender eligibility criteria” means particular criminal violations, state felony sentencing guidelines descriptors, and offender characteristics developed by advisory boards and approved by local units of government that identify the offenders suitable for community corrections programs funded through the office of community corrections.
(bb) “Offender success” means that an offender has done all of the following:
(i) Regularly reported to his or her assigned field agent.
(ii) Is participating in or has successfully completed all required substance abuse, mental health, sex offender, or other treatment as approved by the field agent.
(iii) Not sent or returned to prison for the conviction of a new crime or the revocation of probation or parole.
(iv) Not been sentenced to a jail term for a new criminal offense.
(v) Obtained employment, has enrolled or participated in a program of education or job training, or has investigated all bona fide employment opportunities.
(vi) Obtained housing.
(cc) “Offender target population” means felons or misdemeanants who would likely be sentenced to imprisonment in a state correctional facility or jail, who would not likely increase the risk to the public safety based on an objective risk and needs assessment that indicates that the offender can be safely treated and supervised in the community.
(dd) “Offender who would likely be sentenced to imprisonment” means either of the following:
(i) A felon or misdemeanant who receives a sentencing disposition that appears to be in place of incarceration in a state correctional facility or jail, according to historical local sentencing patterns.
(ii) A currently incarcerated felon or misdemeanant who is granted early release from incarceration to a community corrections program or who is granted early release from incarceration as a result of a community corrections program.
(ee) “Programmatic success” means that the department program or initiative has ensured that the offender has accomplished all of the following:
(i) Obtained employment, has enrolled or participated in a program of education or job training, or has investigated all bona fide employment opportunities.
(ii) Obtained housing.
(iii) Obtained a state identification card.
(ff) “Recidivism” means any of the following:
(i) The arrest and conviction of a supervised individual for a new offense while under community supervision.
(ii) The adjudication of a supervised individual for a violation of the conditions of supervision while under community supervision.
(iii) A sanction resulting from a violation of terms of supervision that results in a return to prison without being adjudicated.
(gg) “RSAT” means residential substance abuse treatment.
(hh) “Serious emotional disturbance” means that term as defined in section 100d(2) of the mental health code, 1974 PA 328, MCL 330.1100d.
(ii) “Serious mental illness” means that term as defined in section 100d(3) of the mental health code, 1974 PA 328, MCL 330.1100d.
(jj) “SSA” means the United States social security administration.
(kk) “SSA-SSI” means SSA supplemental security income.
Sec. 204. The civil service commission shall bill departments and agencies at the end of the first fiscal quarter for the charges authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 204a. (1) The department shall collaborate with the civil service commission and the department of civil service to review the compensation rates for health care professionals who provide direct health care services to prisoners within the corrections system, including, but not limited to, doctors, all nursing professionals, pharmacists, pharmacy technicians, and psychologists. The review shall include health care professionals employed by the state as well as those employed through state contractors. These rates shall be compared to available data on compensation rates for comparable medical professionals in the private sectors who provide services to the general public to estimate any disparity in compensation.
(2) Following the review, the department shall make recommendations on changes needed to the state compensation plan for health care professional positions and to department contracts with health care providers so that compensation levels are sufficient to ensure that needed health care professional positions with vacancies are filled, that the department experiences adequate retention levels for these positions, and that necessary health care services are delivered in a timely manner to the prisoner population. A report outlining these recommendations shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget office by May 1, 2011.
Sec. 206. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 207. State employees shall be given the opportunity to bid on contracts that privatize services that are or were provided by state employees. If the contract is awarded to any state employee, he or she ceases being an employee of the state.
Sec. 208. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 211. (1) The department may charge fees and collect revenues in excess of appropriations in part 1 not to exceed the cost of offender services and programming, employee meals, parolee loans, academic/vocational services, custody escorts, compassionate visits, union steward activities, and public works programs and services provided to local units of government. The revenues and fees collected are appropriated for all expenses associated with these services and activities.
(2) If a parolee or probationer has been ordered to pay restitution, the department shall ensure that payment is a condition of his or her community supervision. Restitution payments shall be made as provided in section 22 of chapter XV of the code of criminal procedure, 1927 PA 175, MCL 775.22. The department shall collect not more than 50% of all money collected from parolees and probationers for payments other than victim payments, as that term is defined in section 22 of chapter XV of the code of criminal procedure, 1927 PA 175, MCL 775.22.
(3) By April 1, the department shall provide the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director with a report detailing the collection of fees under this section. At minimum, this report shall include a categorical accounting of all fees collected under this section.
Sec. 212. On a quarterly basis, each executive branch department and agency receiving appropriations in part 1 shall report on the number of full-time equated positions in pay status by civil service classification to the senate and house appropriations subcommittees on corrections and the senate and house fiscal agencies. This report shall include a detailed accounting of the long-term vacancies that exist within each department. As used in this subsection, “long-term vacancy” means any full-time equated position that has not been filled at any time during the past 24 calendar months.
Sec. 213. By February 15, the department shall provide the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director with a report detailing non-general fund/general purpose sources of revenue, including, but not limited to, federal revenues, state restricted revenues, local and private revenues, offender reimbursements and other payments, revolving funds, and 1-time sources of revenue, whether or not those revenues were appropriated. The report shall include statements detailing for each account the total amount of revenue received during fiscal year 2009-2010, the amount by which the revenue exceeded any applicable appropriated fund source, the amount spent during fiscal year 2009-2010, the account balance at the close of fiscal year 2009-2010, and the projected revenues and expenditures for fiscal year 2010-2011.
Sec. 214. From the funds appropriated in part 1 for information technology, the department shall pay user fees to the department of technology, management, and budget for technology-related services and projects. These user fees shall be subject to provisions of an interagency agreement between the department and the department of technology, management, and budget. It is the intent of the legislature that the department consider using third-party software and information technologies before contracting for such services through the department of technology, management, and budget.
Sec. 215. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of technology, management, and budget. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 216. (1) Due to the current budgetary problems of this state, out-of-state travel for the fiscal year ending September 30, 2012 shall be limited to situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states for similar reasons.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, or both, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the state budget director may grant an exception to allow the travel. Any exceptions granted by the state budget director shall be reported on a monthly basis to the senate and house of representatives standing committees on appropriations.
Sec. 218. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 219. Any contract for prisoner telephone services entered into after the effective date of this article shall include a condition that fee schedules for prisoner telephone calls, including rates and any surcharges other than those necessary to meet special equipment costs, be the same as fee schedules for calls placed from outside of correctional facilities.
Sec. 220. Not later than November 15, the department shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.
Sec. 221. (1) The department shall maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
(2) The department may develop and operate its own website to provide this information or may reference the state’s central transparency website as the source for this information.
Sec. 223. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 224. By March 1, the department shall provide a litigation report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director. The report shall identify all lawsuits adjudicated through the trial court phase in which the department or an employee acting on behalf of the department was a defendant and in which trial court proceedings resulted in a decision of $250,000.00 or more against the department.
Sec. 225. (1) The department shall make every effort to place employees displaced by any reductions in force within other positions in the department.
(2) It is the intent of the legislature that all employees displaced by any reductions in force who are not placed within other positions in the department be given priority in state programs for job retraining or education, such as the no worker left behind program.
Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall provide the state budget director, the senate and house appropriations chairs, the senate and house appropriations subcommittees on corrections, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2011 and September 30, 2012.
Sec. 235. It is the intent of the legislature that the department reduce expenditures using the following strategies:
(a) Following the recommendations outlined in audit report 471-0130-08 of June 2009 issued by the Michigan office of the auditor general, which found $7,534,039.00 in known savings that would have been achieved through cost-neutral operation of the bureau of correctional industries, as follows:
(i) Finding 1 indicates that the bureau of correctional industries has consistently failed to maintain profitable or cost-neutral operations.
(ii) Finding 2 indicates that the bureau of correctional industries had not developed or implemented a comprehensive business plan.
(iii) Finding 3 indicates that the bureau of correctional industries did not efficiently schedule and utilize its trucks and drivers for delivery of products and services.
(iv) Finding 4 indicates that the bureau of correctional industries had not established comprehensive policies and procedures for setting prices and discounts for products and services.
(b) Continuing the supply chain transformation (SCT) with the new fiscal year beginning October 1, 2011. The SCT shall address all goods and services delivered into the department, with special focus in the following areas: food service, offender transport, warehousing, prisoner stores, laundries, textiles, transportation, reverse logistics, education, sex offender programming, assaultive offender programming, Michigan state industries manufacturing and related material, and capital and service purchase contracts under development or due to expire. The department shall continually detail its supply chain strategy and implementation plan including tasks, timing, resources, costs, and benefits to be achieved. The department shall provide quarterly cost and benefit savings report information. The department shall contract with a world-class supply chain external resource with the following capabilities: demonstrated success working in a department of corrections environment in the targeted supply chain areas of focus; demonstrated expertise in defining, developing, and implementing cross-functional infrastructures; continuous quality improvement teams; stakeholder and communications outreach programs; six sigma/lean tools and templates; hands-on supply chain; continuous quality improvement and six sigma tool training; and positive working relations and measurable, documented client satisfaction results.
(c) Following the recommendations outlined in audit report 471-0620-07L of October 2008 issued by the Michigan office of the auditor general, which found $14,800,000.00 in estimated savings that could be achieved through reforms of the department’s staffing and purchasing policies, as follows:
(i) Finding 1 indicates that the department needs to improve its administration of custody officer staffing.
(ii) Finding 2 indicates that the department needs to pursue additional cost-saving measures through future contract negotiations and review of its organizational structure.
(iii) Finding 3 indicates that the department did not have a formal process in place to negotiate prices for goods and services purchased from Michigan state industries.
(d) Following the recommendations outlined in audit report 471-0623-07L of December 2008 issued by the Michigan office of the auditor general, which found significant but indeterminate savings could be achieved through reforms of prisoner transportation policies, specifically, finding 4 indicates that the department should continue to seek the cooperation of the state court administrative office and its medical service providers to fully use existing technology to conduct videoconferencing for court and medical appointments.
Sec. 236. It is the intent of the legislature that from the revenue resulting from the sale of the former Scott correctional facility sufficient funds shall be appropriated to the department to reimburse Michigan state industries for costs related to the construction of the Industries Building, which was operated by Michigan state industries on the site of the Scott correctional facility.
Sec. 237. The department shall observe all requirements set forth in statute and administrative rules related to procurement requests and shall ensure that proper communication is maintained with the department of technology, management, and budget regarding the use of delegated purchasing authority granted by the department of technology, management, and budget. The department shall not pursue the procurement of any good or service on its own that falls outside its delegated authority from the department of technology, management, and budget. If any requests for proposal or requests for qualifications are delayed due to the department’s improper use of purchasing authority under statute and administrative rules, the department shall report on the improper use to the house and senate appropriations subcommittees on corrections within 15 days after determining that the improper use occurred. The report shall review the purpose of the relevant procurement effort, explain why the improper use of delegated authority occurred, and outline steps being taken to ensure that improper use of delegated authority does not occur again in the future.
Sec. 238. It is the intent of the legislature that the department make additional efforts to sell, rent, or otherwise repurpose closed correctional facilities.
Sec. 239. It is the intent of the legislature that the department establish and maintain a management-to-staff ratio of 1 supervisor for each 5 employees at the department’s central office in Lansing and at both the northern and southern region administration offices.
Sec. 240. On or before March 1, 2012, the department shall solicit and evaluate proposals for services related to the audit of vendor and contract payments and the recovery of improper payments. The period covered by the proposed audit shall be not less than 3 prior fiscal years. On or before September 1, 2012, the department shall provide to the house and senate committees on appropriations and the house and senate fiscal agencies a complete report on the results of the proposal solicitation and findings and amounts recovered from subsequent recovery audits.
EXECUTIVE
Sec. 301. (1) For 3 years after a felony offender is released from the department’s jurisdiction, the department shall maintain the offender’s file on the offender tracking information system and make it publicly accessible in the same manner as the file of the current offender. However, the department shall immediately remove the offender’s file from the offender tracking information system upon determination that the offender was wrongfully convicted and the offender’s file is not otherwise required to be maintained on the offender tracking information system.
(2) Information removed from the offender tracking information system due to the expiration of 3 years following release of an offender from the department’s jurisdiction shall be retained by the department and maintained in a password-protected archive. Effective October 1, 2009, information in the archive shall be made available upon payment of a fee as determined by the department. Revenue collected under this section is appropriated for the costs of the offender tracking information system, and any revenue collected in excess of the costs of maintaining the offender tracking information system is appropriated for information technology costs. The department shall report on March 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the fees charged and revenue collected under this section.
Sec. 302. The department shall provide a report to the members of the senate and house appropriations subcommittees on corrections and community health, the senate and house fiscal agencies, MDCH, and the state budget director by May 1, reviewing actions taken to implement the recommendations of the mental health study required under section 302 of 2007 PA 124 with which it agrees and an explanation of any disagreements with recommendations. It is the intent of the legislature to review the department’s implementation plan and, in coordination with the department, to identify funds with which to implement the plan, as appropriate.
Sec. 304. The director of the department shall maintain a staff savings initiative program to invite employees to submit suggestions for saving costs for the department. The department shall report semiannually to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the suggestions submitted under this section, the implementation plan for those suggestions with which the department agrees, and an explanation of any disagreements with suggestions.
Sec. 305. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the number of prisoners who committed suicide during the previous calendar year. To the extent permitted by law, the report shall include all of the following information:
(a) The prisoner’s age, offense, sentence, and admission date.
(b) Each prisoner’s facility and unit.
(c) A description of the circumstances of the suicide.
(d) The date of the suicide.
(e) Whether the suicide occurred in a housing unit, a segregation unit, a mental health unit, or elsewhere on the grounds of the facility.
(f) Whether the prisoner had been denied parole and the date of any denial.
(g) Whether the prisoner had received a mental health evaluation or assessment.
(h) Details on the department’s responses to each suicide, including immediate on-site responses and subsequent internal investigations.
(i) A description of any monitoring and psychiatric interventions that had been undertaken prior to the prisoner’s suicide, including any changes in placement or mental health care.
(j) Whether the prisoner had previously attempted suicide.
PLANNING AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director. The report shall include explanations of the methodology and assumptions used in developing the projection updates.
Sec. 402. It is the intent of the legislature that the funds appropriated in part 1 for prisoner reintegration programs be expended for the purpose of reducing victimization by reducing repeat offending through the following prisoner reintegration programming:
(a) The provision of employment or employment services and job training.
(b) The provision of housing assistance.
(c) Referral to mental health services.
(d) Referral to substance abuse services.
(e) Referral to public health services.
(f) Referral to education.
(g) Referral to any other services necessary for successful reintegration.
Sec. 403. By March 1, the department shall provide a report on MPRI expenditures and allocations to the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director. At a minimum, the report shall include information on both of the following:
(a) Details on prior-year expenditures, including amounts spent on each project funded, itemized by service provided and service provider.
(b) Allocations and planned expenditures for each project funded and for each project to be funded, itemized by service to be provided and service provider. The department shall provide an amended report at least 60 days before making revisions to allocations or planned expenditures.
Sec. 403a. (1) In collaboration with a technical committee composed of representatives from the department, designees of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the justice center of the council of state governments, the department shall develop a performance-based dashboard tracking and reporting system that establishes key indicators of the success and failure of offenders. Indicators shall reflect the status of and trends in key program elements, behavior improvements on the part of offenders, and whether targeted goals are being met.
(2) By April 1, the department shall report dashboard data to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director.
Sec. 404. (1) The department shall screen and assess each prisoner for alcohol and other drug involvement to determine the need for further treatment. The assessment process shall be designed to identify the severity of alcohol and other drug addiction and determine the treatment plan, if appropriate.
(2) The department shall provide substance abuse treatment to prisoners with priority given to those prisoners who are most in need of treatment and who can best benefit from program intervention based on the screening and assessment provided under subsection (1).
Sec. 405. (1) In expending residential substance abuse treatment services funds appropriated under this article, the department shall ensure to the maximum extent possible that residential substance abuse treatment services are available statewide.
(2) By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the allocation, distribution, and expenditure of all funds appropriated by the substance abuse testing and treatment line item during fiscal year 2010-2011 and projected for fiscal year 2011-2012. The report shall include, but not be limited to, an explanation of an anticipated year-end balance, the number of participants in substance abuse programs, and the number of offenders on waiting lists for residential substance abuse programs. Information required under this subsection shall, where possible, be separated by MDOC administrative region and by offender type, including, but not limited to, a distinction between prisoners, parolees, and probationers.
(3) By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on substance abuse testing and treatment program objectives, outcome measures, and results, including program impact on offender success and programmatic success as those terms are defined in section 203.
Sec. 405a. The department shall work cooperatively with MDCH and substance abuse coordinating agencies in referring offenders as appropriate to intensive substance abuse services, including residential services.
Sec. 406. As a condition for expending any money appropriated in part 1 for reinvestment in prisoner re-entry programs, the department shall establish a pilot program with an allocation of at least $2,000,000.00 from the funding appropriated to prisoner reintegration programs to contract with faith-based nonprofit agencies with established programs that assist prisoners exiting the prison system to reintegrate into the community. The department shall report to the house and senate appropriations subcommittees on corrections, the house and senate fiscal agencies, and the state budget director by December 1 on the contracts awarded under the pilot program, including the faith-based, nonprofit agencies selected and the contract amounts awarded to each agency. The department shall analyze and compare the success and failure rates of prisoners served under the pilot program and those served through other department reintegration programs and shall report this information to the legislature during budget hearings on the fiscal year 2012-2013 budget.
Sec. 407. (1) By June 30, the department shall place the 2011 statistical report on an Internet site. The statistical report shall include, but not be limited to, the information as provided in the 2004 statistical report.
(2) It is the intent of the legislature that starting with calendar year 2010, the statistical report be placed on an Internet site within 6 months after the end of each calendar year.
Sec. 408. The department shall measure the recidivism rates of offenders using at least a 3-year period following their release from prison. Any time spent in a county jail or otherwise incarcerated shall be included in the recidivism rates.
Sec. 409. The office of community alternatives shall provide and coordinate the delivery and implementation of services in communities to facilitate successful offender reintegration into the community. Programs and services to be offered shall include, but are not limited to, technical assistance for comprehensive corrections plan development, new program start-up funding, program funding for those programs delivering services for eligible offenders in geographic areas identified by the office of community corrections as having a shortage of available services, technical assistance, referral services for education, employment services, and substance abuse and family counseling.
Sec. 410. (1) The funds included in part 1 for community corrections comprehensive plans and services are to encourage the development through technical assistance grants, implementation, and operation of community corrections programs that enhance offender success and that also may serve as an alternative to incarceration in a state facility or jail. The comprehensive corrections plans shall include an explanation of how the public safety will be maintained, the goals for the local jurisdiction, offender target populations intended to be affected, offender eligibility criteria for purposes outlined in the plan, and how the plans will meet the following objectives, consistent with section 8(4) of the community corrections act, 1988 PA 511, MCL 791.408:
(a) Reduce admissions to prison of offenders who would likely be sentenced to imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities, the first priority of which is to open jail beds intended to house otherwise prison-bound felons, and the second priority being to appropriately utilize jail beds so that jail crowding does not occur.
(c) Open jail beds through the increase of pretrial release options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of offenders, including probation violators and parole violators, for substance abuse violations.
(f) Contribute to offender success, as that term is defined in section 203.
(2) The award of community corrections comprehensive plans and residential services funds shall be based on criteria that include, but are not limited to, the prison commitment rate by category of offenders, trends in prison commitment rates and jail utilization, historical trends in community corrections program capacity and program utilization, and the projected impact and outcome of annual policies and procedures of programs on offender success, prison commitment rates, and jail utilization.
(3) Funds awarded for residential services in part 1 shall provide for a per diem reimbursement of not more than $47.50 for nonaccredited facilities, or of not more than $48.50 for facilities that have been accredited by the American corrections association or a similar organization as approved by the department.
Sec. 411. The comprehensive corrections plans shall also include, where appropriate, descriptive information on the full range of sanctions and services that are available and utilized within the local jurisdiction and an explanation of how jail beds, residential services, the special alternative incarceration program, probation detention centers, the electronic monitoring program for probationers, and treatment and rehabilitative services will be utilized to support the objectives and priorities of the comprehensive corrections plans and the purposes and priorities of section 8(4) of the community corrections act, 1988 PA 511, MCL 791.408, that contribute to the success of offenders. The plans shall also include, where appropriate, provisions that detail how the local communities plan to respond to sentencing guidelines found in chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, and use the county jail reimbursement program under section 414. The state community corrections board shall encourage local community corrections advisory boards to include in their comprehensive corrections plans strategies to collaborate with local alcohol and drug treatment agencies of the MDCH for the provision of alcohol and drug screening, assessment, case management planning, and delivery of treatment to alcohol- and drug-involved offenders.
Sec. 412. (1) As part of the March biannual report specified in section 12(2) of the community corrections act, 1988 PA 511, MCL 791.412, that requires an analysis of the impact of that act on prison admissions and jail utilization, the department shall submit to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director the following information for each county and counties consolidated for comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive corrections plans including each program and level of funding, the utilization level of each program, and profile information of enrolled offenders.
(b) If federal funds are made available, the number of participants funded, the number served, the number successfully completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and the jail population information system.
(d) Data on residential services, including participant data, participant sentencing guideline scores, program expenditures, average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range, by disposition type, by prior record variable score, by number and percent statewide and by county, current year, and comparisons to the previous 3 years.
(f) Data on the use of funding made available under the felony drunk driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include the total funding allocated, program expenditures, required program data, and year-to-date totals.
Sec. 413. (1) The department shall identify and coordinate information regarding the availability of and the demand for community corrections programs, jail-based community corrections programs, jail-based probation violation sanctions, and all state-required jail data.
(2) The department is responsible for the collection, analysis, and reporting of all state-required jail data.
(3) As a prerequisite to participation in the programs and services offered through the department, counties shall provide necessary jail data to the department.
Sec. 414. (1) The department shall administer a county jail reimbursement program from the funds appropriated in part 1 for the purpose of reimbursing counties for housing in jails certain felons who otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse counties for convicted felons in the custody of the sheriff if the conviction was for a crime committed on or after January 1, 1999 and 1 of the following applies:
(a) The felon’s sentencing guidelines recommended range upper limit is more than 18 months, the felon’s sentencing guidelines recommended range lower limit is 12 months or less, the felon’s prior record variable score is 35 or more points, and the felon’s sentence is not for commission of a crime in crime class G or crime class H or a nonperson crime in crime class F under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon’s minimum sentencing guidelines range minimum is more than 12 months under the sentencing guidelines described in subdivision (a).
(c) The felon was sentenced to jail for a felony committed while he or she was on parole and under the jurisdiction of the parole board and for which the sentencing guidelines recommended range for the minimum sentence has an upper limit of more than 18 months.
(3) State reimbursement under this subsection shall be $60.00 per diem per diverted offender for offenders with a presumptive prison guideline score, $50.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 1 crime, and $35.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-year total.
(4) As used in this subsection:
(a) “Group 1 crime” means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death, other sex offenses, robbery, and weapon possession as determined by the department of corrections based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement program document titled “FY 2007 and FY 2008 Group One Crimes Reimbursed”, dated March 31, 2009.
(b) “Group 2 crime” means a crime that is not a group 1 crime, including larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance offense, felony drunk driving, and other nonassaultive offenses.
(c) “In the custody of the sheriff” means that the convicted felon has been sentenced to the county jail and is either housed in the county jail or has been released from jail and is being monitored through the use of the sheriff’s electronic monitoring system.
(5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets MDOC requirements for documentation. By October 15, 2011, the department shall distribute the documentation requirements to all counties.
(6) Of the funds appropriated in part 1 for the county jail reimbursement program, $500,000.00 shall be utilized to reimburse county jails for housing individuals who violate terms of probation under the swift-and-sure sanctions pilot program.
Sec. 415. (1) The department shall create a database for use by the department and MPRI service providers. The database shall be available to both the department and the service provider in real time. The department, in consultation with the service providers, shall issue a policy defining each field in the database so that there will be common usage of all terms and fields.
(2) The department, in consultation with the service providers, shall publish financial guidelines for administration of this program.
Sec. 416. (1) Funds included in part 1 for the felony drunk driver jail reduction and community treatment program are appropriated for and may be expended for any of the following purposes:
(a) To increase availability of treatment options to reduce drunk driving and drunk driving-related deaths by addressing the alcohol addiction of felony drunk drivers who otherwise likely would be sentenced to jail or a combination of jail and other sanctions.
(b) To divert from jail sentences or to reduce the length of jail sentences for felony drunk drivers who otherwise would have been sentenced to jail and whose recommended minimum sentence ranges under sentencing guidelines established under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, have upper limits of 18 months or less or the lower limit of the sentencing range is 1 year or less and the upper limit of the range is more than 18 months and the prior record variable is less than 35 points, through funding programs that may be used in lieu of incarceration and that increase the likelihood of rehabilitation.
(c) To provide a policy and funding framework to make additional jail space available for housing convicted felons whose recommended minimum sentence ranges under sentencing guidelines established under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, have lower limits of 12 months or less and who likely otherwise would be sentenced to prison, with the aim of enabling counties to meet or exceed amounts received through the county jail reimbursement program during fiscal year 2002-2003 and reducing the numbers of felons sentenced to prison.
(2) Expenditure of funds included in part 1 for the felony drunk driver jail reduction and community treatment program shall be by grant awards consistent with standards developed by a committee of the state community corrections advisory board. The chairperson of the committee shall be the board member representing county sheriffs. Remaining members of the committee shall be appointed by the chairperson of the board.
(3) In developing annual standards, the committee shall consult with interested agencies and associations. Standards developed by the committee shall include application criteria, performance objectives and measures, funding allocations, and allowable uses of the funds, consistent with the purposes specified in this section.
(4) Allowable uses of the funds shall include reimbursing counties for transportation, treatment costs, and housing felony drunk drivers during a period of assessment for treatment and case planning. Reimbursements for housing during the assessment process shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per offender.
(5) The standards developed by the committee shall assign each county a maximum funding allocation based on the amount the county received under the county jail reimbursement program in fiscal year 2001-2002 for housing felony drunk drivers whose recommended minimum sentence ranges under the sentencing guidelines described in subsection (1)(c) had upper limits of 18 months or less.
(6) Awards of funding under this section shall be provided consistent with the local comprehensive corrections plans developed under the community corrections act, 1988 PA 511, MCL 791.401 to 791.414. Funds awarded under this section may be used in conjunction with funds awarded under grant programs established under that act. Due to the need for felony drunk drivers to be transitioned from county jails to community treatment services, it is the intent of the legislature that local units of government utilize funds received under this section to support county sheriff departments.
(7) As used in this section, “felony drunk driver” means a felon convicted of operating a motor vehicle under the influence of intoxicating liquor or a controlled substance, or both, third or subsequent offense, under section 625(9)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or its predecessor statute, punishable as a felony.
Sec. 417. (1) By March 1, the department shall report to the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on each of the following programs from the previous fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community treatment program.
(c) Any new initiatives to control prison population growth funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report shall include information on each of the following:
(a) Program objectives and outcome measures, including, but not limited to, the number of offenders who successfully completed the program, and the number of offenders who successfully remained in the community during the 3 years following termination from the program.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the program.
Sec. 418. (1) The department shall collaborate with the state court administrative office on facilitating changes to Michigan court rules that would require the court to collect at the time of sentencing the state operator’s license, state identification card, or other documentation used to establish the identity of the individual to be admitted to the department. The department shall maintain those documents in the prisoner’s personal file.
(2) The department shall collaborate with the Michigan department of state to ensure that an achievable list of documents necessary to obtain a state operator’s license or state identification card upon parole or release is developed and presented to the prisoner so that application for identification can begin prior to a prisoner’s discharge or parole hearing. The process for prisoners to acquire this documentation shall be part of the department’s operating procedure.
(3) The department shall cooperate with MDCH to create and maintain a process by which prisoners can obtain their Michigan birth certificates if necessary. The department shall describe a process for obtaining birth certificates from other states, and in situations where the prisoner’s effort fails, the department shall assist in obtaining the birth certificate.
(4) By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director on the plan for implementing all necessary processes and policy changes in order to ensure compliance with the requirements of this section.
Sec. 419. (1) The department shall provide weekly electronic mail reports to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on prisoner, parolee, and probationer populations by facility, and prison capacities.
(2) The department shall provide monthly electronic mail reports to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director. The reports shall include information on end-of-month prisoner populations in county jails, the net operating capacity according to the most recent certification report, identified by date, and end-of-month data, year-to-date data, and comparisons to the prior year for the following:
(a) Community residential program populations, separated by centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number in special alternative incarceration.
(d) Prison and camp populations, with separate identification of the number in special alternative incarceration and the number of lifers.
(e) Parole board activity, including the numbers and percentages of parole grants and parole denials.
(f) Prisoner exits, identifying transfers to community placement, paroles from prisons and camps, paroles from community placement, total movements to parole, prison intake, prisoner deaths, prisoners discharging on the maximum sentence, and other prisoner exits.
(g) Prison intake and returns, including probation violators, new court commitments, violators with new sentences, escaper new sentences, total prison intake, returns from court with additional sentences, community placement returns, technical parole violator returns, and total returns to prison and camp.
Sec. 420. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house judiciary committees, the senate and house fiscal agencies, and the state budget director on performance data and efforts to improve efficiencies relative to departmental staffing, health care services, food service, prisoner transportation, mental health care services, and pharmaceutical costs.
Sec. 422. It is the intent of the legislature that MPRI programs from prisoner entry into the corrections system to reentry into the community and as measured by offender success and programmatic success as those terms are defined in section 203 shall be maintained as standard operating procedure in the department. In particular, services should be focused on moderate- to high-risk individuals. Special in-prison programming shall be directed to those prisoners who were paroled and have returned to prison and who will subsequently be eligible for parole again in the future. In addition, MPRI services provided to prisoners shall include basic computer skills training.
Sec. 424. (1) From the funds appropriated in part 1 for residential services, the department shall develop and implement, in collaboration with the judiciary and as approved by the state court administrative office, a demonstration project based on evidence-based practices related to judicial and case management interventions that have been proven to increase public safety for high-risk, high-need probationers as determined by a validated risk and need assessment instrument. As used in this section, “probationer” means a circuit court probationer serving a probation sentence for a crime.
(2) The demonstration project shall be implemented in 4 areas of the state identified jointly by the department and the state court administrative office. Preference shall be given to locations that are representative of areas with high rates of violent crimes as described in the council of state governments’ justice center report on analyses of crime, community corrections, and sentencing policies in this state.
(3) The primary goal of the demonstration project is to reduce crime and revictimization by high-risk, high-need probationers. The secondary goal of the demonstration project is to reduce expenditures for long-term incarceration.
(4) The demonstration project may provide up to 6 months of residential services, and treatment methods, and interventions that are evidence-based, including, but not limited to, the following:
(a) Risk/needs assessment.
(b) Motivational techniques.
(c) Type, intensity, and duration of treatment based on each probationer’s risk and needs and delivered consistent with evidence-based practices.
(5) The department shall implement the evidence-based practice of collaborative case management and utilize the services of the department and of local community corrections consistent with the local comprehensive corrections plan developed under the community corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(6) The department shall assign a probation officer to the demonstration project to supervise a specialized caseload for high-risk, high-need probationers. All probation officers supervising a specialized caseload under this section shall receive substantial education and training on issues of substance abuse, mental health, and drug and alcohol testing.
(7) The probation officer shall work in cooperation with the local judiciary and the community corrections advisory board in a collaborative effort toward the goals of promoting probationer success and reducing crime and revictimization.
(8) The probation officer assigned to the demonstration project shall comply with supervision requirements established for the demonstration project by the field operations administration deputy director.
(9) The department shall identify and coordinate information for each local jurisdiction selected for the demonstration project regarding the rate of incarceration of high-risk, high-need probationers to ensure that appropriate probationers are targeted for the demonstration project.
(10) From the funds appropriated in part 1 for public education and training, the department shall collaborate with the local judiciary, community corrections advisory board, and service providers to develop and provide appropriate training for all local stakeholders involved in the demonstration project described in this section.
(11) From the funds provided to the local jurisdiction for the demonstration project, the department shall collaborate with the local judiciary and the community corrections advisory board to develop and implement an evaluation of the demonstration project that will show the impact of the project on the arrests, convictions, technical violations, and commitments to prison of the demonstration project participants. This evaluation shall be performed in accordance with department of corrections policy and procedure on evaluation design in cooperation with the office of research and planning.
(12) By May 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the status of the demonstration project prescribed under this section, including information on all of the following:
(a) Demonstration project locations and participating courts.
(b) The number of probationers participating in the pilot categorized by location and offense.
(c) Evaluation status and methodology.
(d) Preliminary results, if any.
Sec. 426. The money appropriated in part 1 for prisoner reintegration, training, and employment programs shall be distributed to 1 or more Michigan-chartered 501(c)(3) nonprofit corporations to expand existing business models, create new business enterprises, or purchase capital equipment for expansion of current business operations. Qualifying nonprofits must hire new employees through the funding provided in this section, must include at least 45% returning citizens, must have documented entrepreneurial social enterprise expertise in creating employment opportunities for parolees, and must presently have established public utility asset recovery recycling programs. The programs shall be administered by 1 or more Michigan-chartered corporations that are exempt from taxation under section 501(c)(3) of the internal revenue code, 26 USC 501(c)(3).
Sec. 429. It is the intent of the legislature that the department work with other state departments and agencies to implement the policy options provided to the state by the council of state governments in January 2009 and March 2011.
Sec. 430. The department shall ensure that each prisoner has the opportunity to meet with his or her transition team prior to release from prison. If applicable, community providers shall enter the prison to meet with the prisoner prior to release.
Sec. 431. The department shall ensure that prior to release from prison, each offender has possession of all of the following:
(a) All documents necessary to obtain a state operator’s license or state identification card.
(b) A set of clothing that would be appropriate and suitable for wearing to an interview for employment.
Sec. 433. The department shall report quarterly on January 1, 2012, April 1, 2012, July 1, 2012, and September 30, 2012 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the status of any contracts entered into under the June 2009 request for proposals for the re-entry initiative project for offenders with special needs. The report shall include information on all of the following:
(a) The number of prisoners and participating parolees in each of the target population subgroups, including medically fragile, mentally ill, developmentally disabled, and youthful offenders.
(b) Descriptions of the key services being provided to each subgroup under the contract or contracts.
(c) Estimates of the average per-offender costs of services for each target population subgroup under each contract, compared to the average cost of prison incarceration for those populations.
Sec. 434. (1) It is the intent of the legislature that the department, in coordination with the department of licensing and regulatory affairs, Michigan state housing development authority, nonprofit and faith-based organizations, and local government officials, implement employment-related projects targeted toward at-risk young adults who are disconnected from school and employment, and probationers and parolees in high-crime neighborhoods where the adult incarceration rate is at least 45%.
(2) The department shall identify high-crime neighborhoods where the adult incarceration rate is at least 45% and in consultation with the department of human services, the superintendent of public instruction, and nonprofit and faith-based organizations shall develop programs for recommendation to the legislature that offer academic, counseling, and social support to children of incarcerated parents.
OPERATIONS AND SUPPORT ADMINISTRATION
Sec. 501. From the funds appropriated in part 1 for prosecutorial and detainer expenses, the department shall reimburse counties for housing and custody of parole violators and offenders being returned by the department from community placement who are available for return to institutional status and for prisoners who volunteer for placement in a county jail.
Sec. 502. Funds included in part 1 for the sheriffs’ coordinating and training office are appropriated for and may be expended to defray costs of continuing education, certification, recertification, decertification, and training of local corrections officers, the personnel and administrative costs of the sheriffs’ coordinating and training office, the local corrections officers advisory board, and the sheriffs’ coordinating and training council under the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.
Sec. 503. Funds appropriated in part 1 for administrative hearings officers are appropriated as an interdepartmental grant to the department of licensing and regulatory affairs for the purpose of funding administrative hearings officers for adjudication of grievances pertaining to the department of corrections. The department shall not expend appropriations from part 1 to satisfy charges from the department of licensing and regulatory affairs for administrative hearings officers in excess of the amount expressly appropriated by this article for the administrative hearings officers unless funding is transferred into this line under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 504. Of the funds appropriated in part 1, $50,000.00 is appropriated to provide an interdepartmental grant to the judiciary for use of the judicial data warehouse by department employees.
Sec. 505. The department shall train all custody staff in effective and safe ways of handling prisoners with mental illness and referring prisoners to mental health treatment programs. Mental health awareness training shall be incorporated into the training of new custody staff.
Sec. 506. Of the funds appropriated in part 1, $250,000.00 is appropriated to provide an interdepartmental grant to the legislative corrections ombudsman for oversight activities.
Sec. 507. Of the funds appropriated in part 1, $1,000,000.00 is appropriated as an interdepartmental grant to the judiciary for the establishment of a pilot program for the use of swift-and-sure jail sanctions as a response to certain probation violations.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. (1) From the funds appropriated in part 1, the department shall conduct a statewide caseload audit of field agents. The audit shall address public protection issues and assess the ability of the field agents to complete their professional duties. The complete audit shall be submitted to the senate and house appropriations subcommittees on corrections and the senate and house fiscal agencies, and the state budget office by March 1.
(2) It is the intent of the legislature that the department maintain a number of field agents sufficient to meet supervision and workload standards.
Sec. 602. (1) Of the amount appropriated in part 1 for field operations, a sufficient amount shall be allocated for the community service work program and shall be used for salaries and wages and fringe benefit costs of community service coordinators employed by the department to supervise offenders participating in work crew assignments. Funds shall also be used to cover motor transport division rates on state vehicles used to transport offenders to community service work project sites.
(2) The community service work program shall provide offenders with community service work of tangible benefit to a community while fulfilling court-ordered community service work sanctions and other postconviction obligations.
(3) As used in this section, “community service work” means work performed by an offender in an unpaid position with a nonprofit or tax-supported or government agency for a specified number of hours of work or service within a given time period.
Sec. 603. (1) All prisoners, probationers, and parolees involved with the electronic tether program shall reimburse the department for costs associated with their participation in the program. The department may require community service work reimbursement as a means of payment for those able-bodied individuals unable to pay for the costs of the equipment.
(2) Program participant contributions and local community tether program reimbursement for the electronic tether program appropriated in part 1 are related to program expenditures and may be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate funding to implement the community tether program to be administered by the department. The community tether program is intended to provide sentencing judges and county sheriffs in coordination with local community corrections advisory boards access to the state’s electronic tether program to reduce prison admissions and improve local jail utilization. The department shall determine the appropriate distribution of the tether units throughout the state based upon locally developed comprehensive corrections plans under the community corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department shall provide counties with the tether equipment, replacement parts, administrative oversight of the equipment’s operation, notification of violators, and periodic reports regarding county program participants. Counties are responsible for tether equipment installation and service. For an additional fee as determined by the department, the department shall provide staff to install and service the equipment. Counties are responsible for the coordination and apprehension of program violators.
(5) Any county with tether charges outstanding over 60 days shall be considered in violation of the community tether program agreement and lose access to the program.
Sec. 604. Community-placement prisoners and parolees shall reimburse the department for the total costs of the program. As an alternative method of payment, the department may develop a community service work schedule for those individuals unable to meet reimbursement requirements established by the department.
Sec. 606. It is the intent of the legislature that the department shall ensure that parolees and probationers may timely contact their parole or probation agents and maintain procedures that preclude any necessity for an offender to have access to an agent’s home telephone number or other personal information pertaining to the agent.
Sec. 608. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the use of electronic monitoring. At a minimum, the report shall include all of the following:
(a) Details on the failure rate of parolees for whom GPS tether is utilized, including the number and rate of parolee technical violations, including specifying failures due to committing a new crime that is uncharged but leads to parole termination, and the number and rate of parolee violators with new sentences.
(b) Information on the factors considered in determining whether an offender is placed on active GPS tether, passive GPS tether, radio frequency tether, or some combination of these or other types of electronic monitoring.
(c) Monthly data on the number of offenders on active GPS tether, passive GPS tether, radio frequency tether, and any other type of tether.
Sec. 609. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the use of kiosk reporting stations. At a minimum, the report shall include all of the following:
(a) Factors considered in determining whether an offender is assigned to report at a kiosk.
(b) Information on the location, costs, safety features, and other features of kiosks used for offender reporting.
(c) Information on demonstration project outcome measures.
(d) An evaluation of the kiosk reporting demonstration project, including any need for improvement and an assessment of the potential for expanded use of kiosk reporting stations.
Sec. 611. The department shall prepare by March 1, 2011 individual reports for the community re-entry program, the electronic tether program, and the special alternative to incarceration program. The reports shall be submitted to the house and senate appropriations subcommittees on corrections, the house and senate fiscal agencies, and the state budget director. Each program’s report shall include information on all of the following:
(a) Monthly new participants by type of offender. Community re-entry program participants shall be categorized by reason for placement. For technical rule violators, the report shall sort offenders by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison.
(b) Monthly participant unsuccessful terminations, including cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations, capacity, and staffing.
(h) Sentencing guideline scores and actual sentence statistics for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail utilization and the cost effectiveness of the program.
Sec. 612. (1) The department shall review and revise as necessary policy proposals that provide alternatives to prison for offenders being sentenced to prison as a result of technical probation violations and technical parole violations. To the extent the department has insufficient policies or resources to affect the continued increase in prison commitments among these offender populations, the department shall explore other policy options to allow for program alternatives, including department or OCC-funded programs, local level programs, and programs available through private agencies that may be used as prison alternatives for these offenders.
(2) To the extent policies or programs described in subsection (1) are used, developed, or contracted for, the department may request that funds appropriated in part 1 be transferred under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, for their operation.
(3) The department shall continue to utilize parole violator processing guidelines that require parole agents to utilize all available appropriate community-based, nonincarcerative postrelease sanctions and services when appropriate. The department shall periodically evaluate such guidelines for modification, in response to emerging information from the demonstration projects for substance abuse treatment provided under this article and applicable provisions of prior budget acts for the department.
(4) The department shall provide quarterly reports to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the number of all parolees returned to prison and probationers sentenced to prison for either a technical violation or new sentence during the preceding calendar quarter. The reports shall include the following information each for probationers, parolees after their first parole, and parolees who have been paroled more than once:
(a) The numbers of parole and probation violators returned to or sent to prison for a new crime with a comparison of original versus new offenses by major offense type: assaultive, nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to or sent to prison for a technical violation and the type of violation, including, but not limited to, zero gun tolerance and substance abuse violations. For parole technical rule violators, the report shall list violations by type, by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison.
(c) The educational history of those offenders, including how many had a GED or high school diploma prior to incarceration in prison, how many received a GED while in prison, and how many received a vocational certificate while in prison.
(d) The number of offenders who participated in the MPRI versus the number of those who did not.
(e) The unduplicated number of offenders who participated in substance abuse treatment programs, mental health treatment programs, or both, while in prison, itemized by diagnosis.
Sec. 613. Subject to the appropriations in part 1, the department is encouraged to expand the use of continuous remote alcohol monitors for parolees and probationers who test positive for alcohol abuse or have alcohol-abuse-related violations of their community supervision.
Sec. 615. After the parole board has reviewed the cases of all inmates sentenced to life with the possibility of parole who have good institutional records and pose low-risk to the community, the parole board shall provide the legislature with a detailed explanation of why an inmate who scores “high probability of release” is not being paroled. A report containing this explanation shall be submitted to the house and senate appropriations subcommittees on corrections, the house and senate fiscal agencies, and the state budget director by January 1.
HEALTH CARE
Sec. 801. The department shall not expend funds appropriated under part 1 for any surgery, procedure, or treatment to provide or maintain a prisoner’s sex change unless it is determined medically necessary by the chief medical officer of the department.
Sec. 802. As a condition of expenditure of the funds appropriated in part 1, the department shall provide the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director with all of the following:
(a) Quarterly reports on physical and mental health care detailing the average number of days between a prisoner’s diagnosis and commencement of treatment for that diagnosis, quarterly and fiscal year-to-date expenditures itemized by vendor, allocations, status of payments from contractors to vendors, and projected year-end expenditures from accounts for prisoner health care, mental health care, pharmaceutical services, and durable medical equipment.
(b) Regular updates on progress on requests for proposals and requests for information pertaining to prisoner health care and mental health care, until the applicable contract is approved.
Sec. 803. For mental health contracts entered into by the department, including those with the Michigan department of community health, recognized performance standards and measures of quality shall be utilized to conduct periodic performance reviews. At least once every 3 years, the department shall renegotiate all mental health contracts entered into under this section with the goals of improving care and reducing costs.
Sec. 804. (1) The department shall report quarterly to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on prisoner health care utilization. The report shall include the number of inpatient hospital days, outpatient visits, and emergency room visits in the previous quarter and since October 1, 2009, by facility.
(2) By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on prisoners receiving off-site inpatient medical care that would have received care in a state correctional facility if beds were available. The report shall include the number of prisoners receiving off-site inpatient medical care and average length of stay in an off-site facility during the period they would have received care in a state correctional facility if beds were available, by month and correctional facilities administration region.
Sec. 805. The bureau of health care services shall develop information on hepatitis C and HIV prevention and the risks associated with exposure to hepatitis C and HIV. The health care providers shall disseminate this information verbally and in writing to each prisoner at the health screening and full health appraisal conducted at admissions, at the annual health care screening 30 days before or after a prisoner’s birthday, and prior to release to the community by parole, transfer to community residential placement, or discharge on the maximum sentence.
Sec. 806. (1) From the funds appropriated in part 1, the department shall require a hepatitis C antibody test and an HIV test for each prisoner prior to release to the community by parole, transfer to community residential placement, or discharge on the maximum sentence. The department shall require an HIV test and a hepatitis C risk factor screening for each prisoner at the health screening at admissions. If hepatitis C risk factors are identified, the department shall offer the prisoner a hepatitis C antibody test. An explanation of results of the tests shall be provided confidentially to the prisoner, and if appropriate based on the test results, the prisoner shall also be provided a recommendation to seek follow-up medical attention.
(2) By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house appropriations subcommittees on community health, the senate and house fiscal agencies, and the state budget director on the number of offenders tested and the number of offenders testing positive for HIV, the hepatitis C antibody, or both, at prison admission and parole, transfer to community residential placement, or discharge on the maximum sentence. The department shall keep records of those offenders testing positive for HIV, the hepatitis C antibody, or both, at prison admission, parole, transfer to community residential placement, and discharge. These records shall clearly state the date each test was performed.
(3) As a condition of expenditure of the funds appropriated in part 1, the department shall keep records of the following:
(a) The number of offenders testing positive for the hepatitis C antibody who do not receive treatment due to refusal of treatment.
(b) Cost and duration of treatment by offender as allowable by privacy law.
Sec. 807. The department shall ensure that all medications for a prisoner be transported with that prisoner when the prisoner is transferred from 1 correctional facility to another. Prisoners being released shall be provided with at least a 30-day supply of medication and a prescription for refills to allow for continuity of care in the community.
Sec. 808. There are sufficient funds and FTEs appropriated in part 1 to provide a full complement of nurses for clinical complexes working regular pay hours, and it is the intent of the legislature that sufficient nurses be hired or retained to limit the use of overtime other-than-holiday pay.
Sec. 809. The department, in conjunction with efforts to implement the MPRI, shall cooperate with the MDCH to share data and information as they relate to prisoners being released who are HIV positive or positive for the hepatitis C antibody. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on all of the following:
(a) Programs and the location of programs implemented as a result of the work under this section.
(b) The number of prisoners released to the community by parole, discharge on the maximum sentence, or transfer to community residential placement who are HIV positive, positive for the hepatitis C antibody, or both.
(c) The number of parolees and offenders discharged on the maximum sentence who are HIV or hepatitis C positive by paroling office as reported to the state department of community health for referral to the local public health department.
Sec. 810. As a condition of expending appropriations in part 1, the department shall ensure each prisoner serving a sentence in a state correctional facility, and each probationer placed at the special alternative incarceration program under the special alternative incarceration act, 1988 PA 287, MCL 798.11 to 798.18, provides a sample for DNA identification profiling. The department shall implement the requirements of this section in accordance with the provisions of any relevant legislation enacted by the legislature.
Sec. 812. (1) The department shall provide the department of human services with a monthly list of prisoners newly committed to the department of corrections. The department and the department of human services shall enter into an interagency agreement under which the department of human services provides the department of corrections with monthly lists of newly committed prisoners who are eligible for Medicaid benefits in order to maintain the process by which Medicaid benefits are suspended rather than terminated. The department shall assist prisoners who may be eligible for Medicaid benefits after release from prison with the Medicaid enrollment process prior to release from prison.
(2) The department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director with quarterly updates on the utilization of Medicaid benefits for prisoners.
Sec. 813. The department shall monitor and document drug utilization by department for prisoner health care services. As part of this effort, the department shall examine drug utilization patterns and cost-cutting strategies used by corrections systems in other states. By March 1, 2011, the department shall provide a report to the legislature detailing the department’s drug utilizations and drug utilization statistics for corrections systems in other states.
Sec. 816. By April 1, the department shall provide the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the state budget director, and the legislative corrections ombudsman with a report on pharmaceutical expenditures and prescribing practices. In particular, the report shall provide the following information:
(a) A detailed accounting of expenditures on antipsychotic medications.
(b) Any changes that have been made to the prescription drug formularies.
(c) A progress report on the department’s efforts to address various findings outlined in audit report 471-0325-09L issued in March 2011 by the Michigan office of the auditor general.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 902. From the funds appropriated in part 1, the department shall allocate sufficient funds to develop a demonstration children’s visitation program. The demonstration program shall teach parenting skills and arrange for day visitation at these facilities for parents and their children, except for the families of prisoners convicted of a crime involving criminal sexual conduct in which the victim was less than 18 years of age or involving child abuse.
Sec. 903. Except as otherwise provided in this section, the department shall prohibit prisoners’ access to or use of the Internet or any similar system. Under adequate supervision and with security precautions that ensure appropriate computer use by prisoners, the department may allow a prisoner access to or use of the Internet for the purposes of educational programming, employment training, job searches, or other Internet-based programs and services consistent with programming objectives, efficient operations, and the safety and security of the institution.
Sec. 904. Any department employee who, in the course of his or her job, is determined by a physician to have had a potential exposure to the hepatitis B virus, shall receive a hepatitis B vaccination upon request.
Sec. 905. (1) Savings in the inmate housing fund shall be achieved through competitive bidding of facility operations or other measures to reduce the custody, treatment, clinical, and administrative costs associated with the housing of prisoners. Savings shall be distributed as necessary into separate accounts created to separately identify savings through specific cost savings measures.
(2) Quarterly reports on all expenditures from the inmate housing fund shall be submitted by the department to the state budget director, the senate and house appropriations subcommittees on corrections, and the senate and house fiscal agencies.
Sec. 906. It is the intent of the legislature that the department maintain or expand upon existing public works programming by contracting with local units of government or private organizations. Any local unit of government or private organization that contracts with the department for public works services shall be responsible for financing the entire cost of such an agreement.
Sec. 907. The department shall report by March 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on academic/vocational programs. The report shall provide information relevant to an assessment of the department’s academic and vocational programs, including, but not limited to, the following:
(a) The number of instructors and the number of instructor vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the number of prisoners completing each program, the number of prisoners who fail each program, the number of prisoners who do not complete each program and the reason for not completing the program, the number of prisoners transferred to another facility while enrolled in a program and the reason for transfer, the number of prisoners enrolled who are repeating the program by reason, and the number of prisoners on waiting lists for each program, all itemized by facility.
(c) The steps the department has undertaken to improve programs, track records, accommodate transfers and prisoners with health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school diploma and the number of prisoners paroled without a GED.
(e) An explanation of the value and purpose of each program, e.g., to improve employability, reduce recidivism, reduce prisoner idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic and vocational program.
(g) An explanation of the department’s plans for academic and vocational programs, including plans to contract with intermediate school districts for GED and high school diploma programs.
(h) The number of prisoners not paroled at their earliest release date due to lack of a GED, and the reason those prisoners have not obtained a GED.
Sec. 910. The department shall allow the Michigan Braille transcribing fund program to operate at its current location. The donation of the building by the Michigan Braille transcribing fund at the G. Robert Cotton correctional facility in Jackson is acknowledged and appreciated. The department shall continue to encourage the Michigan Braille transcribing fund to produce high-quality materials for use by the visually impaired.
Sec. 911. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director the number of critical incidents occurring each month by type and the number and severity of assaults occurring each month at each facility during calendar year 2011.
Sec. 912. The department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director by March 1 on the ratio of correctional officers to prisoners for each correctional institution, the ratio of shift command staff to line custody staff, and the ratio of noncustody institutional staff to prisoners for each correctional institution.
Sec. 913. (1) It is the intent of the legislature that any prisoner required to complete an assaultive offender program, sexual offender program, or other program as a condition of parole shall be transferred to a facility where that program is available in order to accomplish timely completion of that program prior to the expiration of his or her minimum sentence and eligibility for parole. Nothing in this section should be deemed to make parole denial appealable in court.
(2) The department shall submit a quarterly report to the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the state budget director, and the legislative corrections ombudsman detailing enrollment in sex offender programming and assaultive offender programming. At a minimum, the report shall include the following:
(a) A full accounting of the number of individuals who are required to complete either sex offender programming or assaultive offender programming, but have not yet done so.
(b) The number of individuals who have reached their earliest release date, but who have not completed required sex offender and/or assaultive offender programming.
(c) A plan of action for addressing any waiting lists or backlogs for sex offender programming or assaultive offender programming that may exist.
Sec. 916. The department shall report by February 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the number of computers available for use by prisoners within each prison facility. The report shall summarize the purpose and frequency of use of these computers within each facility.
Sec. 920. The department shall make every effort to operate a garden or horticultural operation at each correctional facility, where practical, in order to provide food for correctional facilities and not-for-profit organizations.
Sec. 921. (1) By March 1, the department shall report to the chairs of the senate and house appropriations committees, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the following:
(a) The actual savings realized between January 1, 2009 and April 1, 2011 as a result of closing correctional facilities and correctional camps between January 1, 2009 and January 1, 2012, itemized by correctional facility or correctional camp.
(b) The projected fiscal year 2011-2012 savings by closing correctional facilities and correctional camps between January 1, 2009 and January 1, 2012, itemized by correctional facility or correctional camp.
(2) The report in subsection (1) shall include information on all of the following:
(a) The savings realized or projected to be realized, itemized by program or type of expenditure.
(b) Any cost of field supervision, field operations programs, or prisoner reintegration programs related to the closure of correctional facilities and correctional camps between January 1, 2009 and January 1, 2012.
Sec. 922. It is the intent of the legislature that all prisoners work 40 hours per week in the correctional facility, as part of a public works crew or in private enterprise, or participate in vocational or training programs. Prisoners may be enrolled in GED or education programs in combination with employment. Prisoners not employed shall be enrolled in GED or other educational programs for not less than 20 hours per week. This section does not apply to prisoners classified in level V or administrative segregation.
Sec. 923. (1) The department shall cooperate with the department of education to evaluate the feasibility of local school districts providing education programming to targeted prisoners under the age of 20 who have not received a high school diploma. By June 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on any plans or evaluations developed under this section.
(2) The department shall make efforts to encourage retired school teachers to provide education services in correctional facilities through volunteerism.
Sec. 924. The department shall evaluate all prisoners at intake for substance abuse disorders, developmental disorders, serious mental illness, and other mental health disorders. Prisoners with serious mental illness shall not be confined in administrative segregation due to serious mental illness. Under the supervision of a mental health professional, a prisoner with serious mental illness may be secluded in a therapeutic environment for the safety of the prisoner or others. A prisoner in therapeutic seclusion shall be evaluated every 12 hours by a mental health professional in order to remain in therapeutic seclusion.
Sec. 925. By March 1, 2012, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the annual number of prisoners in administrative segregation between October 1, 2003 and September 30, 2011, and the annual number of prisoners in administrative segregation between October 1, 2003 and September 30, 2011 who at any time during the current or prior prison term were diagnosed with serious mental illness or have a developmental disorder and the number of days each of the prisoners with serious mental illness or a developmental disorder have been confined to administrative segregation.
Sec. 927. The department of corrections and the department of human services shall enter into an intergovernmental agreement to place offenders less than 19 years of age who are committed to the department of corrections in underutilized units of the Maxey/Woodland center correctional facility. The facilities shall be used to house offenders less than 19 years of age who are currently committed to the department of corrections.
Sec. 928. Funding appropriated in part 1 for consent decree line items is appropriated into separate control accounts created for each line item. Funding in each control account shall be distributed as necessary into separate accounts created for the purpose of separately identifying costs and expenditures associated with each consent decree. The department shall report by February 1, 2012 to the house and senate appropriations subcommittees on corrections, the house and senate fiscal agencies, and the state budget director on distributions to each separate control account and the expenditures charged against each control account during the previous fiscal year.
Sec. 929. From the funds appropriated in part 1, the department shall do all of the following:
(a) Ensure that any inmate care and control staff in contact with prisoners less than 19 years of age are adequately trained with regard to the developmental and mental health needs of prisoners less than 19 years of age. By April 1, 2012, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the training curriculum used and the number and types of staff receiving training under such curriculum since October 2009.
(b) Provide appropriate placement for prisoners less than 19 years of age who have serious mental illness, serious emotional disturbance, or a developmental disorder and need to be housed separately from the general population. Prisoners less than 19 years of age who have serious mental illness, serious emotional disturbance, or a developmental disorder shall not be placed in administrative segregation due to serious mental illness or serious emotional disturbance. Under the supervision of a mental health professional, a prisoner less than 19 years of age with serious mental illness or serious emotional disturbance may be secluded in a therapeutic environment for the safety of the prisoner or others. A prisoner in therapeutic seclusion shall be evaluated every 12 hours by a mental health professional in order to remain in therapeutic seclusion.
(c) Implement a specialized re-entry program that recognizes the needs of prisoners less than 19 years old for supervised re-entry.
Sec. 930. The department shall not have a shooting range located on property east of 3760 Foco Road, Standish, Michigan.
Sec. 932. From the funds appropriated in part 1 for mental health services and support, $100,000.00 is appropriated to permit the department to contract with a board-certified child and adolescent psychiatrist to provide psychiatric services to individuals who are less than 19 years of age and are incarcerated in a department facility.
Sec. 934. From the funds appropriated in part 1 for prison industries operations, the department shall provide a report on the pilot program for the manufacturing of textiles and clothing established in at least 1 state correctional facility under section 934 of 2010 PA 188.
Sec. 935. When the department determines that the closure of a correctional facility is warranted and is determining which facility should be subject to closure, it is the intent of the legislature that the department fully consider the potential economic impact of each prison closure being considered on the community in which the facility resides. The department shall make it a high priority to close a facility for which the local economic impact is minimized.
Sec. 936. The department shall contract with third-party providers to complete an assessment of energy utilization at each state correctional facility. In particular, the department shall endeavor to identify and implement energy-saving initiatives in the various correctional facilities. By April 1, the department shall provide the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the state budget director, and the legislative corrections ombudsman with a report on these efforts.
Sec. 937. The funds appropriated in part 1 for the cost-effective housing initiative shall be utilized to ensure more cost-effective housing of prisoners. The department shall use this funding to house prisoners in the most cost-effective manner possible. This shall include exploring the use of public-private partnerships, the use of privately owned facilities in Michigan, and the use of state facilities by third-party contractors. The use of cost-effective housing from this initiative shall be used to achieve general prison operations savings budgeted in the inmate housing fund line item. The department shall work cooperatively with the chairpersons of the senate and house appropriations subcommittees on corrections in identifying appropriate reductions to prison facility line items to achieve the budgeted savings in the inmate housing fund line item.
Sec. 938. A contractor that provides food service for a correctional facility should be encouraged to provide those services using fresh food that is grown or produced locally.
Sec. 939. By January 1, the department shall release a request for proposal seeking competitive bids for the privatization of the special alternative incarceration facility.
Sec. 940. For the purpose of procuring drug testing services at correctional facilities, the department shall enter into a contract with a Michigan-based company that provides laboratory oral fluid drug testing.
Sec. 941. The department shall ensure that any contract with a public or private party to operate the special alternative incarceration facility at camp Cassidy Lake includes a provision to require that public works program services continue to be provided to the St. Louis Center in Chelsea at rates consistent with the rate structure in place as of May 1, 2011.
Sec. 942. The department shall ensure that any contract with a public or private party to operate a facility to house state prisoners includes a provision to allow access by both the office of the legislative auditor general and the office of the legislative corrections ombudsman to the facility and to appropriate records and documents related to the operation of the facility. These access rights for both offices shall be the same for the contracted facility as for a general state-operated correctional facility.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2013 for the line items listed in part 1. The fiscal year 2012-2013 appropriations are anticipated to be the same as those for fiscal year 2011-2012, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2012 consensus revenue estimating conference.
ARTICLE VI
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2011-2012
Sec. 101. There is appropriated for the department of education and certain state purposes related to education as set forth in this article for the fiscal year ending September 30, 2012, from the following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions.............................................................................554.0
GROSS APPROPRIATION.......................................................................................................... $ 117,313,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 0
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 117,313,000
Federal revenues:
Federal revenues........................................................................................................................... 68,186,100
Federal indirect funds................................................................................................................... 4,181,000
IMLS, library services and technology act.................................................................................. 5,562,100
Total federal revenues................................................................................................................... 77,929,200
Special revenue funds:
Local cost sharing (schools for deaf/blind).................................................................................. 6,835,000
Local school district service fees................................................................................................. 324,200
Total local revenues...................................................................................................................... 7,159,200
Gifts, bequests, and donations...................................................................................................... 760,800
Private foundations....................................................................................................................... 2,283,600
Total private revenues................................................................................................................... 3,044,400
Total local and private revenues................................................................................................... 10,203,600
Certification fees.......................................................................................................................... 6,065,200
Commodity distribution fees........................................................................................................ 71,700
Student insurance revenues.......................................................................................................... 218,600
Teacher college review fees.......................................................................................................... 55,300
Teacher testing fees...................................................................................................................... 344,500
Tenant rent.................................................................................................................................... 261,000
Training and orientation workshop fees....................................................................................... 150,000
Total other state restricted revenues............................................................................................. 7,166,300
State general fund/general purpose.............................................................................................. $ 22,013,900
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions...............................................................................14.0
State board of education, per diem payments.............................................................................. $ 24,400
Unclassified positions—6.0 FTE positions.................................................................................. 645,600
State board/superintendent operations—14.0 FTE positions........................................................ 2,032,000
GROSS APPROPRIATION.......................................................................................................... $ 2,702,000
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 114,400
Special revenue funds:
Private foundations....................................................................................................................... 28,100
Certification fees.......................................................................................................................... 627,000
State general fund/general purpose.............................................................................................. $ 1,932,500
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions...............................................................................19.6
Central support—19.6 FTE positions........................................................................................... $ 3,120,600
Worker’s compensation................................................................................................................. 54,000
Building occupancy charges - property management services..................................................... 2,728,200
Tenant rent.................................................................................................................................... 261,000
Training and orientation workshops............................................................................................. 150,000
Terminal leave payments.............................................................................................................. 554,700
GROSS APPROPRIATION.......................................................................................................... $ 6,868,500
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 1,441,700
Federal indirect funds................................................................................................................... 2,294,700
Special revenue funds:
Certification fees.......................................................................................................................... 413,800
Teacher testing fees...................................................................................................................... 13,500
Tenant rent.................................................................................................................................... 261,000
Training and orientation workshop fees....................................................................................... 150,000
State general fund/general purpose.............................................................................................. $ 2,293,800
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations............................................................................................... $ 3,332,900
GROSS APPROPRIATION.......................................................................................................... $ 3,332,900
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 494,600
Federal indirect funds................................................................................................................... 1,455,300
Special revenue funds:
Local cost sharing (schools for deaf/blind).................................................................................. 76,500
Certification fees.......................................................................................................................... 313,000
State general fund/general purpose.............................................................................................. $ 993,500
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions...............................................................................47.0
Special education operations—47.0 FTE positions...................................................................... $ 7,909,900
GROSS APPROPRIATION.......................................................................................................... $ 7,909,900
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 7,463,200
Special revenue funds:
Private foundations....................................................................................................................... 110,100
Certification fees.......................................................................................................................... 39,500
State general fund/general purpose.............................................................................................. $ 297,100
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions.............................................................................103.0
Michigan schools for the deaf and blind operations—102.0 FTE positions................................ $ 13,632,000
Camp Tuhsmeheta—1.0 FTE position......................................................................................... 295,100
Private gifts - blind....................................................................................................................... 200,000
Private gifts - deaf........................................................................................................................ 250,000
GROSS APPROPRIATION.......................................................................................................... $ 14,377,100
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 6,326,700
Special revenue funds:
Local cost sharing (schools for deaf/blind).................................................................................. 6,758,500
Local school district service fees................................................................................................. 312,500
Gifts, bequests, and donations...................................................................................................... 760,800
Student insurance revenue............................................................................................................ 218,600
State general fund/general purpose.............................................................................................. $ 0
Sec. 107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions...............................................................................34.0
Professional preparation operations—34.0 FTE positions........................................................... $ 5,724,100
Department of attorney general.................................................................................................... 50,000
GROSS APPROPRIATION.......................................................................................................... $ 5,774,100
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 1,386,700
Special revenue funds:
Certification fees.......................................................................................................................... 3,564,900
Teacher college review fees.......................................................................................................... 55,300
Teacher testing fees...................................................................................................................... 331,000
State general fund/general purpose.............................................................................................. $ 436,200
Sec. 108. EARLY CHILDHOOD EDUCATION AND FAMILY SERVICES
Full-time equated classified positions...............................................................................26.0
Early childhood education and family services operations—26.0 FTE positions........................ $ 4,295,700
GROSS APPROPRIATION.......................................................................................................... $ 4,295,700
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 3,388,300
Special revenue funds:
Certification fees.......................................................................................................................... 59,100
State general fund/general purpose.............................................................................................. $ 848,300
Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions.................................................................................7.5
State aid and school finance operations—7.5 FTE positions....................................................... $ 985,400
GROSS APPROPRIATION.......................................................................................................... $ 985,400
Appropriated from:
State general fund/general purpose.............................................................................................. $ 985,400
Sec. 110. AUDIT SERVICES
Full-time equated classified positions.................................................................................3.5
Audit operations—3.5 FTE positions........................................................................................... $ 541,800
GROSS APPROPRIATION.......................................................................................................... $ 541,800
Appropriated from:
Federal revenues:
Federal indirect funds................................................................................................................... 431,000
Special revenue funds:
Certification fees.......................................................................................................................... 55,200
State general fund/general purpose.............................................................................................. $ 55,600
Sec. 111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions.................................................................................2.0
Administrative law operations—2.0 FTE positions...................................................................... $ 1,044,800
GROSS APPROPRIATION.......................................................................................................... $ 1,044,800
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 541,700
Special revenue funds:
Certification fees.......................................................................................................................... 452,000
State general fund/general purpose.............................................................................................. $ 51,100
Sec. 112. EDUCATION ASSESSMENT AND ACCOUNTABILITY
Full-time equated classified positions...............................................................................64.1
Educational assessment operations—64.1 FTE positions............................................................ $ 11,272,500
GROSS APPROPRIATION.......................................................................................................... $ 11,272,500
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 9,704,500
State general fund/general purpose.............................................................................................. $ 1,568,000
Sec. 113. GRANTS ADMINISTRATION AND SCHOOL SUPPORT SERVICES
Full-time equated classified positions...............................................................................73.6
Grants administration and school support services operations—67.6 FTE positions.................. $ 10,937,400
College access challenge grant program—6.0 FTE positions...................................................... 4,293,200
Federal and private grants............................................................................................................ 3,000,000
GROSS APPROPRIATION.......................................................................................................... $ 18,230,600
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 16,654,000
Special revenue funds:
Local school district service fees................................................................................................. 11,700
Private foundations....................................................................................................................... 1,000,000
Commodity distribution fees........................................................................................................ 71,700
State general fund/general purpose.............................................................................................. $ 493,200
Sec. 114. FIELD SERVICES
Full-time equated classified positions...............................................................................44.0
Field services operations—44.0 FTE positions............................................................................ $ 9,302,700
GROSS APPROPRIATION.......................................................................................................... $ 9,302,700
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 8,537,900
Special revenue funds:
Private foundations....................................................................................................................... 572,100
Certification fees.......................................................................................................................... 51,600
State general fund/general purpose.............................................................................................. $ 141,100
Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION SERVICES
Full-time equated classified positions...............................................................................55.7
Educational improvement and innovation operations—55.7 FTE positions................................ $ 10,674,000
GROSS APPROPRIATION.......................................................................................................... $ 10,674,000
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 8,688,200
Special revenue funds:
Private foundations....................................................................................................................... 573,300
Certification fees.......................................................................................................................... 489,100
State general fund/general purpose.............................................................................................. $ 923,400
Sec. 116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions...............................................................................27.0
Career and technical education operations—27.0 FTE positions................................................. $ 4,234,700
GROSS APPROPRIATION.......................................................................................................... $ 4,234,700
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 3,444,200
State general fund/general purpose.............................................................................................. $ 790,500
Sec. 117. LIBRARY OF MICHIGAN
Full-time equated classified positions...............................................................................33.0
Library of Michigan operations—32.0 FTE positions................................................................. $ 3,808,500
Library services and technology program—1.0 FTE positions.................................................... 5,562,100
State aid to libraries..................................................................................................................... 5,445,700
Michigan elibrary......................................................................................................................... 950,000
GROSS APPROPRIATION.......................................................................................................... $ 15,766,300
Appropriated from:
Federal revenues:
IMLS, library services and technology act.................................................................................. 5,562,100
State general fund/general purpose.............................................................................................. $ 10,204,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for the fiscal year ending September 30, 2012 is $29,180,200.00 and state spending from state resources to be paid to local units of government for the fiscal year ending September 30, 2012 is $5,445,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF EDUCATION
State aid to libraries..................................................................................................................... $ 5,445,700
Total department of education...................................................................................................... $ 5,445,700
Sec. 202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this article:
(a) “Department” means the Michigan department of education.
(b) “District” means a local school district as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(c) “FTE” means full-time equated.
(d) “IMLS” means institute of museum and library services.
Sec. 204. The civil service commission shall bill departments and agencies at the end of the first fiscal quarter for the charges authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 205. Unless otherwise specified, the departments shall use the Internet to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site.
Sec. 206. The department shall provide through the Internet the state board of education agenda and all supporting documents, and shall notify the state budget director and the senate and house fiscal agencies that the agenda and supporting documents are available on the Internet, at the time the agenda and supporting documents are provided to state board of education members.
Sec. 207. (1) The department shall maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
(2) The department may develop and operate its own website to provide this information or may reference the state’s central transparency website as the source for this information.
Sec. 208. The department shall require all public school districts to maintain complete records within the personnel file of a teacher or school employee of any disciplinary actions taken by the local school board against the teacher or employee for sexual misconduct. The records shall not be destroyed or removed from the teacher’s or employee’s personnel file except as required by a court order.
Sec. 209. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of technology, management, and budget for technology-related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the departments and agencies and the department of technology, management, and budget.
Sec. 210. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of technology, management, and budget. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 211. Before publishing a list of schools or districts determined to have failed to make adequate yearly progress as required by the no child left behind act of 2001, Public Law 107-110, the department shall allow a school or district to appeal that determination. The department shall consider and act upon the appeal within 30 days after it is submitted and shall not publish the list until after all appeals have been considered and decided.
Sec. 212. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, manufactured or provided by Michigan businesses owned and operated by veterans if they are competitively priced and of comparable quality.
Sec. 214. (1) Due to the current budgetary problems in this state, out-of-state travel for the fiscal year ending September 30, 2012 shall be limited to situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) Not later than January 1 of each year, each department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate standing committees on appropriations, the house and senate fiscal agencies, and the state budget director. The report shall include the following information:
(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.
Sec. 215. The department shall not approve the travel of more than 1 departmental employee to a specific professional development conference or training seminar that is located outside of this state unless the professional development conference or training seminar is funded by a federal or private funding source and requires more than 1 person from a department to attend, or the conference or training seminar includes multiple issues in which 1 employee from the department does not have expertise.
Sec. 216. The department shall not take disciplinary action against an employee who communicates truthfully and factually with a member of the legislature or his or her staff.
Sec. 217. The state superintendent of public instruction shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 218. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 219. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $700,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 220. The department shall provide data requested by a member of the legislature, his or her staff, or the house and senate fiscal agencies in a timely manner.
Sec. 221. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes.
Sec. 225. It is the intent of the legislature that not later than 60 days after the state receives audited membership counts from intermediate school districts, the state superintendent of public instruction shall investigate and report to the legislature on the scope of and proposed solutions to pupil membership fraud and the incidence of students counted in membership in a district and not remaining in that district for the balance of the school year.
Sec. 226. Not later than November 15, 2012, the department shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies.
Sec. 227. Within 14 days after the release of the executive budget recommendation, the department shall provide the state budget director, the senate and house appropriations chairs, the senate and house appropriations subcommittees responsible for the department budget, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2011 and September 30, 2012.
Sec. 229. The department and the superintendent of public instruction shall use funds appropriated in part 1 to ensure that all of the activities and duties required to be carried out by the department and the superintendent of public instruction under section 1280c of the revised school code, 1976 PA 451, MCL 380.1280c, are completed not later than the deadlines prescribed in that section.
STATE BOARD/OFFICE OF THE SUPERINTENDENT
Sec. 301. (1) The appropriations in part 1 may be used for per diem payments to the state board for meetings at which a quorum is present or for performing official business authorized by the state board. The per diem payments shall be at a rate as follows:
(a) State board of education - president - $110.00 per day.
(b) State board of education - member other than president - $100.00 per day.
(2) A state board of education member shall not be paid a per diem for more than 30 days per year.
Sec. 302. From the amount appropriated in part 1 to the state board of education, not more than $35,000.00 shall be expended for in-state travel and out-of-state travel directly related to the duties of the state board of education.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 402. For each student enrolled at the Michigan schools for the deaf and blind, the department shall assess the intermediate school district of residence 100% of the cost of operating the student’s instructional program. The amount shall exclude room and board related costs and the cost of weekend transportation between the school and the student’s home.
Sec. 404. (1) The department may assess rent or lease excess property located on the campus of the Michigan schools for the deaf and blind in Flint to private or publicly funded organizations.
(2) From the amount appropriated in part 1 for tenant rent, the department may receive and expend funds from lease agreements at the Michigan schools for the deaf and blind Flint campus that have been negotiated with the approval of the department of technology, management, and budget. These funds shall be used for the operation, maintenance, and renovation expenses associated with the leased space.
(3) From the unexpended balances of appropriations for the Michigan schools for the deaf and blind operations, up to $250,000.00 of any unexpended and unencumbered funds remaining on September 30, 2012 may be carried forward as a work project and expended for special maintenance and repairs of facilities at the campus of the Michigan schools for the deaf and blind in Flint. The work shall be carried out by state employees, or by contract as necessary, at an estimated cost of $250,000.00. The estimated completion date of the work is September 30, 2013.
(4) From the tenant rent appropriation for Michigan schools for the deaf and blind operations, up to $100,000.00 of any unexpended and unencumbered funds remaining on September 30, 2012 may be carried forward as a work project or as restricted revenue and expended for special maintenance and repairs of facilities at Fay hall. The work project may be performed by state employees, or by contract when necessary, at an estimated cost of $100,000.00. The estimated completion date of the work project is September 30, 2013.
Sec. 405. The department may assist the department of community health, other departments, and local school districts to secure reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department may submit reports of direct expenses related to this effort to the department of community health for reimbursement.
Sec. 406. (1) The Michigan schools for the deaf and blind may promote its residential program as a possible appropriate option for children who are deaf or hard of hearing or who are blind or visually impaired. The Michigan schools for the deaf and blind shall distribute information detailing its services to all intermediate school districts in the state.
(2) Upon knowledge of or recognition by an intermediate school district that a child in the district is deaf or hard of hearing or blind or visually impaired, the intermediate school district shall provide to the parents of the child the literature distributed by the Michigan schools for the deaf and blind to intermediate school districts under subsection (1).
(3) Parents will continue to have a choice regarding the educational placement of their deaf or hard-of-hearing children.
Sec. 407. Revenue received by the Michigan schools for the deaf and blind from gifts, bequests, and donations that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund.
PROFESSIONAL PREPARATION SERVICES
Sec. 501. From the funds appropriated in part 1 for professional preparation services, the department shall maintain the professional personnel register and certificate revocation/felony conviction files.
Sec. 502. The department shall authorize teacher preparation institutions to provide an alternative program by which up to 1/2 of the required student internship or student teaching credits may be earned through substitute teaching. The department shall require that teacher preparation institutions collaborate with school districts to ensure that the quality of instruction provided to student teachers is comparable to that required in a traditional student teaching program.
Sec. 506. Revenue received from teacher testing fees that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund.
OFFICE OF EDUCATIONAL IMPROVEMENT AND INNOVATION
Sec. 601. From the amount appropriated in part 1 for the office of educational improvement and innovation, there is allocated $350,000.00 and 3.5 FTE positions to operate a charter school office to administer charter school legislation and associated regulations, and to coordinate the activities of the department relating to charter schools.
INFORMATION TECHNOLOGY
Sec. 701. The department shall work in collaboration with the center for educational performance and information to support the comprehensive educational information system and all data collection and reporting efforts of the department.
LIBRARY OF MICHIGAN
Sec. 801. In addition to the funds appropriated in part 1, the funds collected by the department for document reproduction and services; conferences, workshops, and training classes; and the use of specialized equipment, facilities, and software are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year.
Sec. 803. It is the intent of the legislature that the library of Michigan and the component programs currently within the library of Michigan shall be kept together in a state department.
Sec. 804. From the funds appropriated in part 1 and other funding available, the department and library of Michigan shall maintain custody of the non-Michigan genealogy and all Michigan-specific collections. These collections shall continue to be made available to the public.
GRANTS ADMINISTRATION AND SCHOOL SUPPORT SERVICES
Sec. 901. Within 10 days of the receipt of a grant appropriated in the federal and private grants line item in part 1, the department shall notify the house and senate chairpersons of the appropriations subcommittees responsible for the department budget, the house and senate fiscal agencies, and the state budget director of the receipt of the grant, including the funding source, purpose, and amount of the grant.
Sec. 902. The college access challenge grant program is a work project as provided in section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and as follows and as such appropriations for the program shall not lapse at the end of the fiscal year but shall continue to be available for expenditure until the project has been completed:
(a) The purpose of the project is to provide assistance and training to Michigan families, counselors, teachers, and community leaders in applying for and securing funds for college to low-income students.
(b) The project will be accomplished by state employees and/or by contracts with private vendors.
(c) The total estimated cost of the project is $8,571,000.00.
(d) The tentative completion date is September 30, 2012.
Sec. 903. By not later than March 1, 2012, the department shall work with districts that operate as a school of excellence cyber school as defined in section 551 of the revised school code, 1976 PA 451, MCL 380.551, and districts that operate an alternative education program with a seat-time waiver under section 101 of the state school aid act of 1979, 1979 PA 94, MCL 388.1701, to provide a report to the house and senate chairpersons of the appropriations subcommittees responsible for the department budget, the house and senate fiscal agencies, and the state budget director on all of the following:
(a) Each district operating a program and the districts that enroll students in their program.
(b) The total number of students and membership pupils enrolled in each program.
(c) The district in which each pupil is enrolled if other than the district with the seat-time wavier or the cyber school.
(d) The district in which the pupil was enrolled prior to enrolling in the cyber school or the district with a seat-time waiver program.
(e) The number of participating students who had previously dropped out of school.
(f) The number of participating students who had previously been expelled from school.
(g) The cost per pupil paid to each online education provider.
(h) The cost per pupil charged to school districts that enroll their students in the program.
(i) The name of each online education provider contracted by a district with a seat-time waiver or a cyber school and the state in which the online education provider is located.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2013 for the line items listed in part 1. The fiscal year 2012-2013 appropriations are anticipated to be the same as those for fiscal year 2011-2012, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2012 consensus revenue estimating conference.
ARTICLE VII
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article, the amounts listed in this part are appropriated for the department of environmental quality for the fiscal year ending September 30, 2012, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions..........................................................................1,334.5
GROSS APPROPRIATION.......................................................................................................... $ 414,520,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 9,043,200
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 405,476,800
Federal revenues:
Total federal revenues................................................................................................................... 159,701,500
Special revenue funds:
Total private revenues................................................................................................................... 711,800
Total other state restricted revenues............................................................................................. 223,571,900
State general fund/general purpose.............................................................................................. $ 21,491,600
FUND SOURCE SUMMARY
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions..........................................................................1,334.5
GROSS APPROPRIATION.......................................................................................................... $ 414,520,000
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............................................................................... 1,165,900
IDG, MDSP.................................................................................................................................. 1,095,900
IDT, interdivisional charges......................................................................................................... 2,053,400
IDT, laboratory services............................................................................................................... 4,728,000
Total interdepartmental grants and intradepartmental transfers................................................... 9,043,200
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 405,476,800
Federal revenues:
Federal funds................................................................................................................................ 159,701,500
Special revenue funds:
Private funds................................................................................................................................. 711,800
Aboveground storage tank fees.................................................................................................... 489,700
Air emissions fees........................................................................................................................ 10,163,900
Campground fund......................................................................................................................... 292,700
Clean Michigan initiative - response activities............................................................................ 5,500,000
Clean Michigan initiative fund - clean water fund...................................................................... 4,030,700
Cleanup and redevelopment fund................................................................................................. 16,555,600
Community pollution prevention fund......................................................................................... 250,000
Electronic waste recycling fund................................................................................................... 269,800
Environmental education fund...................................................................................................... 260,900
Environmental pollution prevention fund..................................................................................... 2,425,900
Environmental protection bond fund............................................................................................ 1,452,500
Environmental protection fund..................................................................................................... 5,832,200
Environmental response fund....................................................................................................... 8,236,000
Fees and collections..................................................................................................................... 348,000
Financial instruments.................................................................................................................... 5,000,000
Great Lakes protection fund......................................................................................................... 1,051,500
Groundwater discharge permit fees.............................................................................................. 1,624,400
Hazardous materials transportation permit fund.......................................................................... 912,400
Infrastructure construction fund................................................................................................... 434,300
Land and water permit fees.......................................................................................................... 5,695,800
Landfill maintenance trust fund................................................................................................... 28,200
Medical waste emergency response fund..................................................................................... 330,000
Metallic mining surveillance fee revenue..................................................................................... 38,000
Mineral well regulatory fee revenue............................................................................................ 213,100
NPDES fees.................................................................................................................................. 4,298,400
Oil and gas regulatory fund.......................................................................................................... 10,632,700
Orphan well fund.......................................................................................................................... 2,207,000
Public swimming pool fund......................................................................................................... 690,200
Public utility assessments............................................................................................................. 264,800
Public water supply fees............................................................................................................... 4,682,500
Refined petroleum fund................................................................................................................ 37,642,400
Retired engineers technical assistance program........................................................................... 1,860,200
Revitalization revolving loan fund............................................................................................... 94,100
Revolving loan revenue bonds...................................................................................................... 11,400,000
Sand extraction fee revenue......................................................................................................... 81,000
Scrap tire regulatory fund............................................................................................................. 5,328,800
Septage waste contingency fund.................................................................................................. 17,000
Septage waste program fund........................................................................................................ 609,000
Settlement funds........................................................................................................................... 2,490,900
Sewage sludge land application fees............................................................................................ 993,700
Small business pollution prevention revolving loan fund............................................................ 146,700
Soil erosion and sedimentation control training fund.................................................................. 134,100
Solid waste management fund - staff account.............................................................................. 4,822,600
State site cleanup fund................................................................................................................. 4,400,000
Stormwater permit fees................................................................................................................ 3,345,300
Strategic water quality initiatives fund......................................................................................... 40,000,000
Underground storage tank fees..................................................................................................... 2,575,500
Waste reduction fee revenue......................................................................................................... 4,851,100
Wastewater operator training fees................................................................................................ 550,700
Water analysis fees....................................................................................................................... 3,947,900
Water pollution control revolving fund........................................................................................ 3,530,500
Water quality protection fund....................................................................................................... 100,000
Water use reporting fees............................................................................................................... 439,200
Total other state restricted revenues............................................................................................. 223,571,900
State general fund/general purpose.............................................................................................. $ 21,491,600
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions...............................................................................14.0
Unclassified salaries—6.0 FTE positions..................................................................................... $ 500,000
Executive direction—14.0 FTE positions..................................................................................... 1,656,400
GROSS APPROPRIATION.......................................................................................................... $ 2,156,400
Appropriated from:
Federal revenues:
Federal funds................................................................................................................................ 72,100
Special revenue funds:
Environmental response fund....................................................................................................... 140,500
Oil and gas regulatory fund.......................................................................................................... 231,900
Refined petroleum fund................................................................................................................ 414,500
Settlement funds........................................................................................................................... 58,100
State general fund/general purpose.............................................................................................. $ 1,239,300
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions...............................................................................18.0
Office of the Great Lakes—18.0 FTE positions........................................................................... $ 2,697,700
GROSS APPROPRIATION.......................................................................................................... $ 2,697,700
Appropriated from:
Federal revenues:
Federal funds................................................................................................................................ 1,591,500
Special revenue funds:
Great Lakes protection fund......................................................................................................... 680,800
Settlement funds........................................................................................................................... 106,600
State general fund/general purpose.............................................................................................. $ 318,800
Sec. 104. GREAT LAKES RESTORATION INITIATIVE
Great Lakes restoration initiative................................................................................................. $ 25,000,000
GROSS APPROPRIATION.......................................................................................................... $ 25,000,000
Appropriated from:
Federal revenues:
Federal funds................................................................................................................................ 25,000,000
State general fund/general purpose.............................................................................................. $ 0
Sec. 105. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions...............................................................................37.0
Central support services—37.0 FTE positions............................................................................. $ 3,905,400
Accounting service center............................................................................................................ 1,224,700
Administrative hearings................................................................................................................ 489,700
Automated data processing........................................................................................................... 2,053,400
Building occupancy charges......................................................................................................... 5,985,000
Environmental support projects.................................................................................................... 5,000,000
Rent - privately owned property................................................................................................... 1,960,800
GROSS APPROPRIATION.......................................................................................................... $ 20,619,000
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.................................................................................................................................. 86,700
IDT, interdivisional charges......................................................................................................... 2,053,400
IDT, laboratory services............................................................................................................... 502,700
Federal revenues:
Federal funds................................................................................................................................ 5,200
Special revenue funds:
Aboveground storage tank fees.................................................................................................... 55,900
Air emissions fees........................................................................................................................ 1,597,600
Campground fund......................................................................................................................... 15,100
Cleanup and redevelopment fund................................................................................................. 1,332,600
Environmental pollution prevention fund..................................................................................... 105,100
Environmental protection fund..................................................................................................... 5,500
Environmental response fund....................................................................................................... 614,000
Fees and collections..................................................................................................................... 38,300
Financial instruments.................................................................................................................... 5,000,000
Great Lakes protection fund......................................................................................................... 82,500
Groundwater discharge permit fees.............................................................................................. 188,200
Hazardous material transportation permit fund............................................................................ 34,900
Land and water permit fees.......................................................................................................... 309,300
Medical waste emergency response fund..................................................................................... 40,400
Metallic mining surveillance fee revenue..................................................................................... 1,300
Mineral well regulatory fee revenue............................................................................................ 15,200
NPDES fees.................................................................................................................................. 412,100
Oil and gas regulatory fund.......................................................................................................... 1,016,800
Orphan well fund.......................................................................................................................... 40,400
Public swimming pool fund......................................................................................................... 64,100
Public utility assessments............................................................................................................. 49,400
Public water supply fees............................................................................................................... 254,100
Refined petroleum fund................................................................................................................ 1,879,200
Sand extraction fee revenue......................................................................................................... 1,000
Scrap tire regulatory fund............................................................................................................. 200,300
Septage waste program fund........................................................................................................ 34,000
Settlement funds........................................................................................................................... 192,500
Sewage sludge land application fees............................................................................................ 107,400
Small business pollution prevention revolving loan fund............................................................ 19,000
Soil erosion and sedimentation control training fund.................................................................. 5,300
Solid waste management fund - staff account.............................................................................. 581,400
Stormwater permit fees................................................................................................................ 184,400
Underground storage tank fees..................................................................................................... 219,100
Waste reduction fee revenue......................................................................................................... 365,200
Wastewater operator training fees................................................................................................ 6,000
Water analysis fees....................................................................................................................... 355,600
Water use reporting fees............................................................................................................... 8,900
State general fund/general purpose.............................................................................................. $ 2,538,900
Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE
Full-time equated classified positions...............................................................................44.0
Office of environmental assistance—44.0 FTE positions............................................................ $ 6,915,500
GROSS APPROPRIATION.......................................................................................................... $ 6,915,500
Appropriated from:
Federal revenues:
Federal funds................................................................................................................................ 880,100
Special revenue funds:
Private funds................................................................................................................................. 537,600
Air emissions fees........................................................................................................................ 124,500
Environmental education fund...................................................................................................... 260,900
Retired engineers technical assistance program........................................................................... 1,860,200
Settlement funds........................................................................................................................... 248,400
Small business pollution prevention revolving loan fund............................................................ 118,900
Waste reduction fee revenue......................................................................................................... 2,884,900
State general fund/general purpose.............................................................................................. $ 0
Sec. 107. WATER RESOURCE DIVISION
Full-time equated classified positions.............................................................................321.0
Land and water interface permit programs—85.0 FTE positions................................................ $ 14,806,800
Program direction and project assistance—30.0 FTE positions................................................... 2,775,000
Water withdrawal assessment program—4.0 FTE positions........................................................ 756,600
Expedited water/wastewater permits—3.0 FTE positions............................................................ 434,300
Fish contaminant monitoring........................................................................................................ 316,100
Groundwater discharge—22.0 FTE positions............................................................................... 2,868,800
NPDES nonstormwater program—89.0 FTE positions................................................................ 11,690,400
Surface water—88.0 FTE positions.............................................................................................. 15,163,600
GROSS APPROPRIATION.......................................................................................................... $ 48,811,600
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............................................................................... 1,108,100
Federal revenues:
Federal funds................................................................................................................................ 14,298,800
Special revenue funds:
Clean Michigan initiative fund - clean water fund...................................................................... 4,030,700
Environmental protection fund..................................................................................................... 2,546,100
Environmental response fund....................................................................................................... 183,700
Groundwater discharge permit fees.............................................................................................. 1,356,900
Infrastructure construction fund................................................................................................... 434,300
Land and water permit fees.......................................................................................................... 5,251,400
NPDES fees.................................................................................................................................. 3,685,600
Refined petroleum fund................................................................................................................ 429,400
Soil erosion and sedimentation control training fund.................................................................. 126,300
Stormwater permit fees................................................................................................................ 2,972,600
Water pollution control revolving fund........................................................................................ 734,300
Water use reporting fees............................................................................................................... 426,100
State general fund/general purpose.............................................................................................. $ 11,227,300
Sec. 108. LAW ENFORCEMENT DIVISION
Full-time equated classified positions...............................................................................14.0
Environmental investigations—14.0 FTE positions..................................................................... $ 2,396,900
GROSS APPROPRIATION.......................................................................................................... $ 2,396,900
Appropriated from:
Federal revenues:
Federal funds................................................................................................................................ 703,100
Special revenue funds:
Aboveground storage tank fees.................................................................................................... 5,100
Air emissions fees........................................................................................................................ 150,600
Campground fund......................................................................................................................... 2,800
Cleanup and redevelopment fund................................................................................................. 126,700
Environmental pollution prevention fund..................................................................................... 10,400
Environmental protection fund..................................................................................................... 45,400
Environmental response fund....................................................................................................... 65,300
Fees and collections..................................................................................................................... 3,800
Great Lakes protection fund......................................................................................................... 8,300
Groundwater discharge permit fees.............................................................................................. 17,300
Hazardous material transportation permit fund............................................................................ 3,500
Land and water permit fees.......................................................................................................... 36,800
Medical waste emergency response fund..................................................................................... 4,100
Metallic mining surveillance fee revenue..................................................................................... 500
Mineral well regulatory fee revenue............................................................................................ 1,600
NPDES fees.................................................................................................................................. 41,600
Oil and gas regulatory fund.......................................................................................................... 114,200
Orphan well fund.......................................................................................................................... 4,100
Public swimming pool fund......................................................................................................... 5,100
Public water supply fees............................................................................................................... 25,400
Refined petroleum fund................................................................................................................ 291,600
Sand extraction fee revenue......................................................................................................... 500
Scrap tire regulatory fund ........................................................................................................... 97,000
Septage waste program fund........................................................................................................ 3,400
Settlement funds........................................................................................................................... 22,200
Sewage sludge land application fees............................................................................................ 9,800
Small business pollution prevention revolving loan fund............................................................ 1,900
Stormwater permit fees................................................................................................................ 18,400
Soil erosion and sedimentation control training fund.................................................................. 600
Underground storage tank fees..................................................................................................... 21,900
Waste reduction fee revenue......................................................................................................... 45,700
Wastewater operator training fees................................................................................................ 600
Water analysis fees....................................................................................................................... 28,400
Water use reporting fees............................................................................................................... 900
State general fund/general purpose.............................................................................................. $ 478,300
Sec. 109. AIR QUALITY DIVISION
Full-time equated classified positions.............................................................................208.0
Air quality programs—208.0 FTE positions................................................................................ $ 24,228,800
GROSS APPROPRIATION.......................................................................................................... $ 24,228,800
Appropriated from:
Federal revenues:
Federal funds................................................................................................................................ 7,488,200
Special revenue funds:
Air emissions fees........................................................................................................................ 7,739,500
Environmental response fund....................................................................................................... 119,800
Fees and collections..................................................................................................................... 254,900
Oil and gas regulatory fund.......................................................................................................... 121,600
Refined petroleum fund................................................................................................................ 3,163,200
Waste reduction fee revenue......................................................................................................... 1,200,000
State general fund/general purpose.............................................................................................. $ 4,141,600
Sec. 110. ENVIRONMENTAL RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.............................................................................324.5
Drinking water and environmental health—109.5 FTE positions................................................ $ 15,098,900
Hazardous waste management program—51.0 FTE positions..................................................... 6,593,200
Low-level radioactive waste authority—2.0 FTE positions......................................................... 199,300
Medical waste program—2.0 FTE positions................................................................................ 271,000
Municipal assistance—34.0 FTE positions.................................................................................. 6,020,800
Radiological protection program—12.0 FTE positions................................................................ 1,295,300
Scrap tire regulatory program—11.0 FTE positions.................................................................... 1,198,600
Oil, gas, and mineral services—60.0 FTE positions.................................................................... 11,176,500
Sewage sludge land application program—6.0 FTE positions..................................................... 841,600
Solid waste management program—37.0 FTE positions............................................................. 4,462,800
GROSS APPROPRIATION.......................................................................................................... $ 47,158,000
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP................................................................................................................................... 979,600
Federal revenues:
Federal funds................................................................................................................................ 15,793,400
Special revenue funds:
Campground fund......................................................................................................................... 264,600
Electronic waste recycling fund................................................................................................... 269,800
Environmental pollution prevention fund..................................................................................... 2,205,800
Fees and collections..................................................................................................................... 32,100
Hazardous material transportation permit fund............................................................................ 861,300
Medical waste emergency response fund..................................................................................... 271,000
Metallic mining surveillance fee revenue..................................................................................... 35,700
Mineral well regulatory fee revenue............................................................................................ 190,800
Oil and gas regulatory fund.......................................................................................................... 8,715,400
Orphan well fund.......................................................................................................................... 2,148,000
Public swimming pool fund......................................................................................................... 602,400
Public utility assessments............................................................................................................. 199,300
Public water supply fees............................................................................................................... 2,556,900
Refined petroleum fund................................................................................................................ 601,100
Sand extraction fee revenue......................................................................................................... 79,200
Scrap tire regulatory fund............................................................................................................. 1,198,600
Septage waste contingency fund.................................................................................................. 17,000
Septage waste program fund........................................................................................................ 281,600
Sewage sludge land application fees............................................................................................ 841,600
Solid waste management fund - staff account.............................................................................. 4,030,500
Stormwater permit fees................................................................................................................ 103,100
Strategic water quality initiatives fund......................................................................................... 400,000
Waste reduction fee revenue......................................................................................................... 162,500
Wastewater operator training fees................................................................................................ 541,900
Water pollution control revolving fund........................................................................................ 2,621,500
State general fund/general purpose.............................................................................................. $ 1,153,300
Sec. 111. REMEDIATION DIVISION
Full-time equated classified positions.............................................................................354.0
Contaminated site investigations, cleanup and revitalization—207.0 FTE positions................... $ 26,130,600
Federal cleanup project management—60.0 FTE positions......................................................... 9,254,400
Laboratory services—48.0 FTE positions.................................................................................... 7,702,600
Aboveground storage tank program—8.0 FTE positions............................................................. 856,400
Underground storage tank program—31.0 FTE positions............................................................ 3,865,100
Environmental bond site reclamation program............................................................................. 1,452,500
Brownfield grants and loans......................................................................................................... 5,500,000
Emergency cleanup actions.......................................................................................................... 4,000,000
Environmental cleanup support.................................................................................................... 1,840,000
Environmental cleanup and redevelopment program................................................................... 30,000,000
State sites cleanup program.......................................................................................................... 4,400,000
Refined petroleum product cleanup program............................................................................... 20,000,000
Superfund cleanup........................................................................................................................ 3,000,000
GROSS APPROPRIATION.......................................................................................................... $ 118,001,600
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................................................................................................... 4,068,600
Federal revenues:
Federal funds................................................................................................................................ 10,035,000
Special revenue funds:
Private funds................................................................................................................................. 174,200
Aboveground storage tank fees.................................................................................................... 410,400
Clean Michigan initiative - response activities............................................................................ 5,500,000
Cleanup and redevelopment fund................................................................................................. 14,626,300
Environmental protection bond fund............................................................................................ 1,452,500
Environmental protection fund..................................................................................................... 3,234,100
Environmental response fund....................................................................................................... 6,846,500
Landfill maintenance trust fund................................................................................................... 28,200
Public water supply fees............................................................................................................... 276,800
Refined petroleum fund................................................................................................................ 29,592,000
Revitalization revolving loan fund............................................................................................... 94,100
Settlement funds........................................................................................................................... 1,782,400
State site cleanup fund................................................................................................................. 4,400,000
Strategic water quality initiatives fund......................................................................................... 30,000,000
Underground storage tank fees..................................................................................................... 2,123,300
Water analysis fees....................................................................................................................... 3,357,200
State general fund/general purpose.............................................................................................. $ 0
Sec. 112. GRANTS
Coastal management grants.......................................................................................................... $ 1,750,000
Drinking water program grants.................................................................................................... 1,330,000
Federal - Great Lakes remedial action plan grants...................................................................... 700,000
Federal - nonpoint source water pollution grants......................................................................... 6,500,000
Grants to counties - air pollution................................................................................................. 83,700
Great Lakes research and protection grants................................................................................. 250,000
Noncommunity water grants........................................................................................................ 1,400,000
Pollution prevention local grants.................................................................................................. 250,000
Radon grants................................................................................................................................. 90,000
Scrap tire grants........................................................................................................................... 3,500,000
Septage waste compliance grants................................................................................................. 275,000
Strategic water quality initiative loans......................................................................................... 9,600,000
Water quality protection grants.................................................................................................... 100,000
Water pollution control and drinking water revolving funds....................................................... 82,943,000
GROSS APPROPRIATION.......................................................................................................... $ 108,771,700
Appropriated from:
Federal revenues:
Federal funds................................................................................................................................ 81,913,000
Special revenue funds:
Community pollution prevention fund......................................................................................... 250,000
Great Lakes protection fund......................................................................................................... 250,000
Public water supply fees............................................................................................................... 1,400,000
Refined petroleum fund................................................................................................................ 83,700
Revolving loan revenue bonds...................................................................................................... 11,400,000
Scrap tire regulatory fund............................................................................................................. 3,500,000
Septage waste program fund........................................................................................................ 275,000
Strategic water quality initiatives fund......................................................................................... 9,600,000
Water quality protection fund....................................................................................................... 100,000
State general fund/general purpose.............................................................................................. $ 0
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 7,762,800
GROSS APPROPRIATION.......................................................................................................... $ 7,762,800
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................................................................................................... 156,700
IDG, MDSP.................................................................................................................................. 29,600
IDG, MDOT - Michigan transportation fund............................................................................... 57,800
Federal revenues:
Federal funds................................................................................................................................ 1,921,100
Special revenue funds:
Aboveground storage tank fees.................................................................................................... 18,300
Air emissions fees........................................................................................................................ 551,700
Campground fund......................................................................................................................... 10,200
Cleanup and redevelopment fund................................................................................................. 470,000
Environmental pollution prevention fund..................................................................................... 104,600
Environmental protection fund..................................................................................................... 1,100
Environmental response fund....................................................................................................... 266,200
Fees and collections..................................................................................................................... 18,900
Great Lakes protection fund......................................................................................................... 29,900
Groundwater discharge permit fees.............................................................................................. 62,000
Hazardous material transportation permit fund............................................................................ 12,700
Land and water permit fees.......................................................................................................... 98,300
Medical waste emergency response fund..................................................................................... 14,500
Metallic mining surveillance fee revenue..................................................................................... 500
Mineral well regulatory fee revenue............................................................................................ 5,500
NPDES fees.................................................................................................................................. 159,100
Oil and gas regulatory fund.......................................................................................................... 432,800
Orphan well fund.......................................................................................................................... 14,500
Public swimming pool fund......................................................................................................... 18,600
Public utility assessments............................................................................................................. 16,100
Public water supply fees............................................................................................................... 169,300
Refined petroleum fund................................................................................................................ 1,187,700
Sand extraction fee revenue......................................................................................................... 300
Scrap tire regulatory fund............................................................................................................. 332,900
Septage waste program fund........................................................................................................ 15,000
Settlement funds........................................................................................................................... 80,700
Sewage sludge land application fees............................................................................................ 34,900
Small business pollution prevention revolving loan fund............................................................ 6,900
Soil erosion and sedimentation control training fund.................................................................. 1,900
Solid waste management fund - staff account.............................................................................. 210,700
Stormwater permit fees................................................................................................................ 66,800
Underground storage tank fees..................................................................................................... 211,200
Waste reduction fee revenue......................................................................................................... 192,800
Wastewater operator training fees................................................................................................ 2,200
Water analysis fees....................................................................................................................... 206,700
Water pollution control revolving fund........................................................................................ 174,700
Water use reporting fees............................................................................................................... 3,300
State general fund/general purpose.............................................................................................. $ 394,100
PART 2
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2011-2012 is $245,063,500.00 and state spending from state resources to be paid to local units of government for fiscal year 2011-2012 is $2,175,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
GRANTS
Noncommunity water grants........................................................................................................ $ 1,400,000
Scrap tire grants........................................................................................................................... 500,000
Septage waste compliance program............................................................................................. 275,000
TOTAL.......................................................................................................................................... $ 2,175,000
Sec. 202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this article:
(a) “Department” means the department of environmental quality.
(b) “Director” means the director of the department.
(c) “FTE” means full-time equated.
(d) “IDG” means interdepartmental grant.
(e) “IDT” means intradepartmental transfer.
(f) “MDOT” means the state transportation department.
(g) “MDSP” means the department of state police.
(h) “NPDES” means national pollution discharge elimination system.
Sec. 204. The civil service commission shall bill the department and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 205. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site.
Sec. 206. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of technology, management, and budget. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 207. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 208. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of technology, management, and budget for technology-related services and projects. The user fees shall be subject to provisions of an interagency agreement between the department and agencies and the department of technology, management, and budget.
Sec. 210. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 211. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 212. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 213. (1) Funds appropriated in part 1 shall not be used by the department to promulgate a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(2) As used in this section:
(a) “Rule” means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) “Small business” means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.
Sec. 214. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes.
Sec. 215. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 216. (1) The department shall report all of the following information relative to allocations made from appropriations for the environmental cleanup and redevelopment program, state cleanup, emergency actions, superfund cleanup, the revitalization revolving loan program, the brownfield grants and loans program, the leaking underground storage tank cleanup program, the contaminated lake and river sediments cleanup program, the refined petroleum product cleanup program, and the environmental protection bond projects under section 19508(7) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget director, the senate and house appropriations subcommittees on environmental quality, and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if the allocation is made for a response activity.
(d) The estimated date that site closure activities will be completed.
(e) The amount of the allocation, or the anticipated financing for the site.
(f) A summary of the sites and the total amount of funds expended at the sites at the conclusion of the fiscal year.
(g) The number of brownfield projects that were successfully redeveloped.
(2) The report prepared under subsection (1) shall also include all of the following:
(a) The status of all state-owned facilities that are on the list compiled under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142.
(b) The report shall include the total amount of funds expended during the fiscal year and the total amount of funds awaiting expenditure.
(c) The total amount of bonds issued for the environmental protection bond program pursuant to part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each year.
Sec. 217. (1) The department may expend amounts remaining from the current and prior fiscal year appropriations to meet funding needs of legislatively approved sites for the environmental cleanup and redevelopment program, the leaking underground storage tank cleanup program, and the refined petroleum product cleanup program.
(2) Unexpended and unencumbered amounts remaining from appropriations from the environmental protection bond fund contained in 1993 PA 353, 2003 PA 173, and 2006 PA 343 are appropriated for expenditure for any site listed in this article and any site listed in the public acts referenced in this section.
(3) Unexpended and unencumbered amounts remaining from appropriations from the cleanup and redevelopment fund contained in 2000 PA 275 and 2002 PA 520 are appropriated for expenditure for any site listed in this article and any site listed in the public acts referenced in this section.
(4) Unexpended and unencumbered amounts remaining from appropriations from the clean Michigan initiative fund - response activities contained in 2000 PA 506, 2001 PA 120, 2004 PA 309, 2004 PA 350, 2005 PA 11, 2006 PA 343, and 2007 PA 121 are appropriated for expenditure for any site listed in this article and any site listed in the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from appropriations from the environmental protection fund contained in 2001 PA 43, 2002 PA 520, and 2003 PA 171 are appropriated for expenditure for any site listed in this article and any site listed in the public acts referenced in this section.
(6) Unexpended and unencumbered amounts remaining from appropriations from the refined petroleum fund activities contained in 2005 PA 154, 2007 PA 121, 2008 PA 247, 2009 PA 118, and 2010 PA 189 are appropriated for expenditure for any site listed in this article and any site listed in the public acts referenced in this section.
Sec. 219. Unexpended settlement revenues at the end of the fiscal year may be carried forward into the settlement fund in the succeeding fiscal year up to a maximum carryforward of $2,500,000.00.
Sec. 221. Not later than November 15, the department shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the previous fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.
Sec. 222. Within 14 days after the release of the executive budget recommendation, the department shall provide the state budget director, the senate and house appropriations chairs, the senate and house appropriations subcommittees on environmental quality, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2011 and September 30, 2012.
Sec. 223. Part 1 of this article provides authorizations to fund 1,334.5 FTE classified positions during the fiscal year ending September 30, 2012. Line-item appropriations include limitations on the number of payroll hours to be funded, on the basis of 2,088 hours per each FTE position. The department shall report the number of funded FTE positions within 15 days after the effective date of this article. The number of classified employees compensated through each line item is limited by the authorized FTE positions indicated in this article, as adjusted for the number of reported funded FTE positions. The report shall be provided to the house and senate appropriations subcommittees on environmental quality and the house and senate fiscal agencies.
Sec. 224. On a quarterly basis, the department shall report on the number of FTEs in pay status by civil service classification to the senate and house appropriations subcommittees on environmental quality and the senate and house fiscal agencies.
Sec. 225. (1) The department shall maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
(2) The department may develop and operate its own website to provide this information or may reference the state’s central transparency website as the source for this information.
Sec. 226. The department shall not expend more than $10,000.00 from the appropriations in part 1 to implement the requirements of section 225.
Sec. 227. The department shall provide a report on the implementation of a permit application status tracking tool on the department’s public internet website to the house and senate appropriations subcommittees on environmental quality, the standing committees of the house and senate with primary responsibility for environmental quality issues, and the house and senate fiscal agencies by December 31, 2011. This permit application status tracking tool shall allow permit applicants and the general public to track and review pending permit applications. Searchable parameters shall include, but are not limited to, applicant name and address, county of request, date of application, most recent activity, and status of the permit application. The report shall include the estimated cost of the proposed tool, the information technology requirements that would be needed for the database, the FTE and/or contractual requirements to develop and maintain the proposed tool, an estimated timeline of the implementation of the tool, and any potential foreseen challenges to its implementation.
Sec. 228. The department shall develop a customer satisfaction evaluation program. The program shall utilize customer satisfaction surveys to receive feedback in select program areas to help identify opportunities for improvements and efficiencies. The department shall provide a report on the customer satisfaction evaluation program and the feedback received to the house and senate appropriations subcommittees on environmental quality and the house and senate fiscal agencies by July 1, 2012.
Sec. 229. (1) The department shall submit a report identifying specific permit programs for which an expedited permitting option to fast track the permit process could be developed and instituted. The report shall include, but is not limited to, all of the following:
(a) A listing of the proposed permit programs.
(b) Estimates of the amount of time a pending permit would be granted with the expedited process compared to the amount of time with the normal permit process in those programs.
(c) Any estimated increase in cost to the department or the applicant for the expedited program.
(2) The report described in subsection (1) shall be submitted to the house and senate appropriations subcommittees on environmental quality, the standing committees of the house and senate with primary responsibility for environmental quality issues, and the house and senate fiscal agencies by December 31, 2011.
REMEDIATION DIVISION
Sec. 301. Revenues remaining in the interdepartmental transfers, laboratory services at the end of the fiscal year shall carry forward into the succeeding fiscal year.
Sec. 302. The unexpended funds appropriated in part 1 for emergency cleanup actions and the refined petroleum product cleanup program are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in each line-item appropriation.
(d) The tentative completion date is September 30, 2016.
Sec. 303. Effective October 1, 2011, surplus funds not to exceed $1,000,000.00 in the cleanup and redevelopment trust fund are appropriated to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a.
Sec. 304. Effective October 1, 2011, surplus funds not to exceed $1,000,000.00 in the community pollution prevention fund created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a.
Sec. 305. It is the intent of the legislature to repay the refined petroleum fund for the $70,000,000.00 that was transferred to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a, as part of the resolution for the fiscal year 2006-2007 budget.
Sec. 306. The funds appropriated in part 1 for the refined petroleum product cleanup program shall be used to fund cleanup activities on the following sites:
Site Name County
Alcona Oil Company Alcona
Former Tavern & Gas Station Alcona
Paragon Metal Works/Mikado Total Alcona
Chatham Corners Store Alger
Christmas Sports Enterprises Alger
Midway Resort Inc. Alger
Superior Shell Munising Alger
Fennville Feed Supply Allegan
New Salem Grocery Allegan
Country Party Store Alpena
Hubbard Lake Garage Alpena
Bellaire Bay Mart Antrim
Res. Wells Torch Lake Twp. Antrim
Torch River Pit Stop Antrim
Arvon Township School Baraga
Blankenstein Pontiac Barry
Bud’s of Honor Benzie
Village of Honor Res. Wells Benzie
Berrien County Sheriff’s Substation Berrien
Coloma Citgo Berrien
Fredrick’s Auto Clinic Berrien
Randy’s Amoco Berrien
Sterling Express Ltd. Berrien
Baker Oil (E. Michigan) Calhoun
Helmer I-94 Inc. Calhoun
Korner Krossroads Party Store Calhoun
Indian Lake Mini Super Cass
Rigg’s Corner Store Cass
Service Mart 2, Union Cass
Unocal 76, Edwardsburg (Energy Oil) Cass
Arnold’s Bait and Tackle Charlevoix
Northern Oil (former) Charlevoix
Club Rd. Property Cheboygan
Park Shell Service Chippewa
Ackels Car Care Clinton
Bay Petroleum Corp. Eaton
Bob’s Marathon Eaton
Beckon & Larks Lake Rd. Emmet
Farmers Petroleum Coop - Petoskey Emmet
Action Auto #10 Genesee
Central Distributing Genesee
City of Davison-Mill St. Genesee
Flint FD Fleet Admin. Genesee
Flint Water Department Service Center Genesee
Sunshine Foods #119 Burton Genesee
United Cleaners Inc. Genesee
Watkins & Himelohoch Inc. Genesee
Bondale Dinkens Gladwin
Winegar’s Trading Post Gladwin
4 Corners Grand Traverse
Stop N Shop Grand Traverse
Woodland Shop N Go #175 Grand Traverse
KD’s Country Store Gratiot
Pat’s Service Gratiot
Wilson’s Grocery Gratiot
Action Auto Store #30 Ingham
Bay Gas Station Ingham
Bay Petroleum W. Willow Ingham
Bay Petroleum, S. MLK Ingham
Citgo #7 Ingham
Clark Station #1995 Ingham
Former Clark #531 Ingham
Fresh-Up Car Wash Ingham
Miller Oil Company Ingham
Forest Park School District Iron
Alamo General Store Kalamazoo
Bud’s Auto Repair Kalamazoo
Dutton Mills Kent
Former Clark #1481 Kent
Great Northern Packaging Kent
MSI #635 Kent
Hurly’s Lodge Lake
Church & Sons Gas Station Lapeer
E.J. Green Lapeer
P.T. Auto Sales Lapeer
Schaudt’s Service Station Lapeer
Former Ted’s Standard Leelanau
Lakeside Resort and Party Store Leelanau
Clark Store #2128 Livingston
Lakeland Montessori School Livingston
The Oasis Truck Stop Livingston
Bob’s Standard Service Luce
Action Auto (former) Macomb
Memphis Shell Macomb
Sokana Mobil Macomb
Muffler Man Manistee
Harvey Oil Co. Inc. Marquette
Joe & Son’s Service Marquette
Quick Lube Mason
Morley General Store Mecosta
Jack’s Mobil Menominee
Dutch Hutch Missaukee
Rinckey’s Store Missaukee
A.N. Russell & Son Inc. Montcalm
Coral General Store Montcalm
Edmore Mobil Montcalm
R.V. Jensen Inc. Montcalm
Lowell St. Hillman Twp. Montmorency
Wyson’s General Store Montmorency
Bennett Pump Muskegon
Bernie’s Amoco Muskegon
Grant Mini Mart Newaygo
Wesco #14/Triangle Market Newaygo
Emma Milner Property, Waterford Oakland
Jenny Enterprises/Wine Basket, Highland Oakland
Little Caesar’s Pizza, Ortonville Oakland
Wayne Oakland Oil Company Oakland
Village of Mears GW Contam. Oceana
Kimball’s Western Ogemaw
Rose City Feed & Tack Ogemaw
Andy’s Standard Osceola
Lowing’s Auto Osceola
Neal’s Service Osceola
Tiel Oil Company Osceola
Don’s Marathon Oscoda
West Otsego Lake Grocery Otsego
Radio Tavern Presque Isle
Westervelt, 805 S. Saginaw
Former Sav-U Station Shiawassee
Frank’s Service Shiawassee
Decker Service St. Joseph
Payless SuperAmerica St. Joseph
State Rd. 6842, Millington Tuscola
Clark Store #1126 Van Buren
Drew, Ripple Property Van Buren
Roy Smothers Van Buren
Jimmie’s Filling Station Washtenaw
Total #2542 (Huron Mini-mart) Washtenaw
B & H Food & Gas/Dix-Toledo Petro Mart Wayne
Cal’s Car Care, Incorporated - BTEX Wayne
City of Detroit - DOT - 5800 Russell St. Wayne
Garden Gas Station Wayne
Hail Investments Wayne
JJ Curran Crane Wayne
K & A Gas Wayne
Master Petroleum Wayne
Micks Auto Wayne
Speedy’s Gas & Goodies Wayne
Welcome Gas on Telegraph Wayne
Peterson’s Standard Wexford
Sec. 307. Effective October 1, 2011, surplus funds not to exceed $2,000,000.00 in the small business pollution prevention assistance revolving loan fund created in section 14513 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.14513, are appropriated to the environmental pollution prevention fund created in section 11130 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11130.
Sec. 308. Effective October 1, 2011, surplus funds not to exceed $1,300,000.00 in the small business pollution prevention assistance revolving loan fund created in section 14513 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.14513, are appropriated to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a.
Sec. 309. The funds appropriated in part 1 for the brownfield grants and loans program are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects is to provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is $5,500,000.00.
(d) The tentative completion date is September 30, 2016.
Sec. 310. The funds appropriated in part 1 for the environmental bond site reclamation program are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is $1,452,500.00.
(d) The tentative completion date is September 30, 2016.
Sec. 311. The department shall enter into a memorandum of understanding with the department of treasury to develop a process for the review and approval of tax exemption certificates in accordance with the list of commonly approved air pollution control equipment adopted by the state tax commission on August 16, 2010 and the list of commonly approved water pollution equipment adopted by the state tax commission on August 16, 2010.
WATER RESOURCES DIVISION
Sec. 401. From the funds appropriated in part 1 for surface water, $100,000.00 shall be allocated to support the 1 additional FTE position for the aquatic nuisance control program that was added in the fiscal year ending September 30, 2011. The department shall report to the house and senate appropriations subcommittees on environmental quality and the house and senate fiscal agencies by September 30, 2012 on the use of this funding and the number of permit applications processed by the program in 2012.
Sec. 402. From the funds appropriated in part 1, the department shall fund a groundwater dispute resolution process in such a manner that maintains a strategically selected dispute resolution process given funds available. The department may utilize any and all available resources in providing this process and shall report to the legislature on the need for additional funds.
Sec. 403. From the funds appropriated in part 1, contingent upon the creation of an aquatic invasive species advisory council, the department shall support funding for the advisory council to provide recommendations to appropriate parties and bodies for a basin-wide approach to managing invasive species.
GRANTS
Sec. 501. If a certified health department does not exist in a city, county, or district or does not fulfill its responsibilities under part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11720, then the department may spend funds appropriated in part 1 under the septage waste compliance program in accordance with section 11716 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11716.
RESOURCE MANAGEMENT DIVISION
Sec. 601. (1) The department shall develop a report that addresses implementation of the state’s solid waste policy. At a minimum, the report shall do both of the following:
(a) Identify options for long-term funding for the solid waste management program. For each option, the report shall take into account the extent to which additional activities or materials, or both, such as recycling, composting, and beneficial reuse would impact the long-term funding of the solid waste management program.
(b) Assess the feasibility of contracting out landfill inspections.
(2) The department shall provide the report prepared under subsection (1) to the state budget director, the house and senate appropriations subcommittees on environmental quality, and the house and senate fiscal agencies by June 30, 2012.
ONE-TIME BASIS ONLY
Sec. 1001. For the state fiscal year ending September 30, 2012, there is appropriated from general fund/general purpose revenue, on a 1-time basis only, $6,000,000.00 for the Muskegon cleanup site.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2013 for the line items listed in part 1. The fiscal year 2012-2013 appropriations are anticipated to be the same as those for fiscal year 2011-2012, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2012 consensus revenue estimating conference.
ARTICLE VIII
GENERAL GOVERNMENT
PART 1
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article, the amounts listed in this part are appropriated for the departments of attorney general, civil rights, state, technology, management, and budget, and treasury, the executive office, the legislative branch, and certain other state purposes, for the fiscal year ending September 30, 2012, from the funds indicated in this part. The following is a summary of the appropriations in this part:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions...............................................................................43.0
Full-time equated classified positions..............................................................................8,116.2
GROSS APPROPRIATION.......................................................................................................... $ 3,897,242,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 669,027,400
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 3,228,214,700
Federal revenues:
Total federal revenues................................................................................................................... 768,099,400
Special revenue funds:
Total local revenues...................................................................................................................... 7,989,300
Total private revenues................................................................................................................... 979,400
Total other state restricted revenues............................................................................................. 1,726,410,300
State general fund/general purpose.............................................................................................. $ 724,736,300
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions.............................................................................514.0
GROSS APPROPRIATION.......................................................................................................... $ 74,590,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 21,885,400
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 52,705,500
Federal revenues:
Total federal revenues................................................................................................................... 8,848,800
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 0
Total other state restricted revenues............................................................................................. 15,489,100
State general fund/general purpose.............................................................................................. $ 28,367,600
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions.............................................................................514.0
Attorney general........................................................................................................................... $ 112,500
Unclassified positions—5.0 FTE positions.................................................................................. 476,300
Attorney general operations—477.0 FTE positions..................................................................... 68,330,700
Child support enforcement—25.0 FTE positions......................................................................... 3,008,000
Prosecuting attorneys coordinating council—12.0 FTE positions............................................... 1,881,800
GROSS APPROPRIATION.......................................................................................................... $ 73,809,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, health services............................................................................................... 2,062,400
IDG from MDCH, WIC............................................................................................................... 77,000
IDG from department of corrections............................................................................................ 527,700
IDG from MDE............................................................................................................................ 317,000
IDG from MDEQ......................................................................................................................... 1,917,700
IDG from MDHS.......................................................................................................................... 3,617,000
IDG from Michigan state housing development authority........................................................... 540,200
IDG from MDLARA, children’s protection registry.................................................................... 39,100
IDG from MDLARA, financial and insurance regulation............................................................ 1,154,400
IDG from MDLARA, licensing and regulation fees.................................................................... 197,800
IDG from MDLARA, Michigan occupational safety and health administration......................... 100,800
IDG from MDLARA, remonumentation fees............................................................................... 85,000
IDG from MDMVA...................................................................................................................... 131,500
IDG from MDOT, comprehensive transportation fund................................................................ 177,200
IDG from MDOT, state aeronautics fund..................................................................................... 165,900
IDG from MDOT, state trunkline fund........................................................................................ 2,817,500
IDG from MDSP.......................................................................................................................... 322,300
IDG from MDSP, Michigan justice training fund........................................................................ 139,000
IDG from MDTMB...................................................................................................................... 208,000
IDG from MDTMB, civil service commission............................................................................ 300,600
IDG from MDTMB, risk management revolving fund................................................................ 1,419,300
IDG from MSF, workforce development agency......................................................................... 205,400
IDG from treasury........................................................................................................................ 5,220,000
IDG from treasury, Michigan strategic fund................................................................................ 142,600
Federal revenues:
DAG, state administrative match grant/food stamps.................................................................... 413,300
Federal funds................................................................................................................................ 2,645,200
HHS, medical assistance, medigrant............................................................................................ 645,100
HHS-OS, state Medicaid fraud control units............................................................................... 5,045,200
National criminal history improvement program......................................................................... 100,000
Special revenue funds:
Antitrust enforcement collections................................................................................................. 656,600
Assigned claims assessments....................................................................................................... 132,800
Attorney general’s operations fund.............................................................................................. 985,600
Auto repair facilities fees............................................................................................................. 261,300
Franchise fees............................................................................................................................... 331,700
Game and fish protection fund..................................................................................................... 797,100
Liquor purchase revolving fund................................................................................................... 1,165,700
Manufactured housing fees........................................................................................................... 217,200
Merit award trust fund.................................................................................................................. 408,600
Michigan employment security act - administrative fund............................................................ 1,785,800
Prisoner reimbursement................................................................................................................ 515,200
Prosecuting attorneys training fees............................................................................................... 375,000
Public utility assessments............................................................................................................. 1,888,800
Real estate enforcement fund....................................................................................................... 549,100
Reinstatement fees........................................................................................................................ 175,400
Retirement funds.......................................................................................................................... 832,100
Second injury fund....................................................................................................................... 913,600
Self-insurers security fund............................................................................................................ 640,800
Silicosis and dust disease fund..................................................................................................... 210,900
State building authority revenue................................................................................................... 104,200
State casino gaming fund............................................................................................................. 1,235,200
State lottery fund.......................................................................................................................... 275,600
Utility consumers fund................................................................................................................. 623,700
Waterways fund............................................................................................................................ 111,800
Worker’s compensation administrative revolving fund................................................................ 295,300
State general fund/general purpose.............................................................................................. $ 27,586,000
(3) INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 781,600
GROSS APPROPRIATION.......................................................................................................... $ 781,600
Appropriated from:
State general fund/general purpose.............................................................................................. $ 781,600
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................5.0
Full-time equated classified positions.............................................................................121.0
GROSS APPROPRIATION.......................................................................................................... $ 13,730,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 0
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 13,730,200
Federal revenues:
Total federal revenues................................................................................................................... 2,880,600
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 18,700
Total other state restricted revenues............................................................................................. 151,900
State general fund/general purpose.............................................................................................. $ 10,679,000
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.............................................................................5.0
Full-time equated classified positions.............................................................................121.0
Unclassified positions—5.0 FTE positions.................................................................................. $ 267,100
Civil rights operations—113.0 FTE positions.............................................................................. 11,454,100
Commission on disability concerns—7.0 FTE positions............................................................. 1,186,100
Hispanic/Latino commission of Michigan—1.0 FTE positions................................................... 206,700
GROSS APPROPRIATION.......................................................................................................... $ 13,114,000
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency contracts......................................................... 885,000
HUD, grant................................................................................................................................... 1,313,200
Federal revenues........................................................................................................................... 667,400
Special revenue funds:
Private revenues............................................................................................................................ 18,700
Division on deafness fund............................................................................................................ 93,400
State restricted indirect funds....................................................................................................... 58,500
State general fund/general purpose.............................................................................................. $ 10,077,800
(3) INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 616,200
GROSS APPROPRIATION.......................................................................................................... $ 616,200
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency contracts......................................................... 15,000
State general fund/general purpose.............................................................................................. $ 601,200
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions...........................................................................10.0
Full-time equated classified positions...............................................................................74.2
GROSS APPROPRIATION.......................................................................................................... $ 4,399,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 0
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 4,399,200
Federal revenues:
Total federal revenues................................................................................................................... 0
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 0
Total other state restricted revenues............................................................................................. 0
State general fund/general purpose.............................................................................................. $ 4,399,200
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions...........................................................................10.0
Full-time equated classified positions...............................................................................74.2
Governor....................................................................................................................................... $ 159,300
Lieutenant governor...................................................................................................................... 111,600
Executive office—74.2 FTE positions.......................................................................................... 3,278,500
Unclassified positions—8.0 FTE positions.................................................................................. 849,800
GROSS APPROPRIATION.......................................................................................................... $ 4,399,200
Appropriated from:
State general fund/general purpose.............................................................................................. $ 4,399,200
Sec. 105. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.......................................................................................................... $ 115,971,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 3,751,500
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 112,220,100
Federal revenues:
Total federal revenues................................................................................................................... 0
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 400,000
Total other state restricted revenues............................................................................................. 2,649,700
State general fund/general purpose.............................................................................................. $ 109,170,400
(2) LEGISLATURE
Senate........................................................................................................................................... $ 24,598,800
Senate automated data processing................................................................................................ 2,156,800
Senate fiscal agency..................................................................................................................... 2,687,800
House of representatives............................................................................................................... 39,087,800
House automated data processing................................................................................................ 1,712,300
House fiscal agency...................................................................................................................... 2,687,800
GROSS APPROPRIATION.......................................................................................................... $ 72,931,300
Appropriated from:
State general fund/general purpose.............................................................................................. $ 72,931,300
(3) LEGISLATIVE COUNCIL
Legislative council........................................................................................................................ $ 8,446,700
Legislative service bureau automated data processing................................................................. 1,163,600
Worker’s compensation................................................................................................................. 126,300
National association dues............................................................................................................. 141,500
Legislative corrections ombudsman.............................................................................................. 606,200
GROSS APPROPRIATION.......................................................................................................... $ 10,484,300
Appropriated from:
Interdepartmental grant revenues:
IDG from Michigan department of corrections............................................................................ 250,000
Special revenue funds:
Private - gifts and bequests revenues........................................................................................... 400,000
State general fund/general purpose.............................................................................................. $ 9,834,300
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses................................................................................................... $ 4,233,300
GROSS APPROPRIATION.......................................................................................................... $ 4,233,300
Appropriated from:
Special revenue funds:
Court fees..................................................................................................................................... 1,109,800
State general fund/general purpose.............................................................................................. $ 3,123,500
(5) PROPERTY MANAGEMENT
Capitol building............................................................................................................................ $ 2,552,800
Cora Anderson building............................................................................................................... 8,315,800
Farnum building and other properties.......................................................................................... 1,815,700
GROSS APPROPRIATION.......................................................................................................... $ 12,684,300
Appropriated from:
State general fund/general purpose.............................................................................................. $ 12,684,300
(6) OFFICE OF THE AUDITOR GENERAL
Unclassified positions................................................................................................................... $ 313,500
Field operations............................................................................................................................ 15,324,900
GROSS APPROPRIATION.......................................................................................................... $ 15,638,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDLARA, liquor purchase revolving fund................................................................. 11,300
IDG from MDOT, comprehensive transportation fund................................................................ 25,200
IDG from MDOT, Michigan transportation fund......................................................................... 204,300
IDG from MDOT, state aeronautics fund..................................................................................... 19,600
IDG from MDTMB, civil service commission............................................................................ 107,900
IDG from MDOT, state trunkline fund........................................................................................ 474,600
IDG, single audit act.................................................................................................................... 2,658,600
Special revenue funds:
21st century jobs trust fund.......................................................................................................... 50,000
Clean Michigan initiative implementation bond fund.................................................................. 38,300
Commercial mobile radio system emergency telephone fund...................................................... 38,300
Contract audit administration fees................................................................................................ 53,900
Correctional industries revolving fund......................................................................................... 32,000
Fee adequacy, air quality delegated authority.............................................................................. 9,600
Game and fish protection fund..................................................................................................... 22,000
Legislative retirement system....................................................................................................... 19,100
Michigan economic development corporation.............................................................................. 54,400
Michigan education trust fund...................................................................................................... 30,700
Michigan justice training commission fund................................................................................. 28,700
Michigan state housing development authority fees.................................................................... 22,600
Michigan strategic fund................................................................................................................ 89,000
Michigan tobacco settlement authority......................................................................................... 27,000
Michigan veterans’ trust fund...................................................................................................... 24,900
Motor transport revolving fund.................................................................................................... 5,200
Office services revolving fund..................................................................................................... 6,900
State disbursement unit, office of child support........................................................................... 27,600
State services fee fund.................................................................................................................. 952,100
Waterways fund............................................................................................................................ 7,600
State general fund/general purpose.............................................................................................. $ 10,597,000
Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions..........................................................................1,809.0
GROSS APPROPRIATION.......................................................................................................... $ 211,885,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 20,000,000
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 191,885,000
Federal revenues:
Total federal revenues................................................................................................................... 1,810,000
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 100
Total other state restricted revenues............................................................................................. 178,788,700
State general fund/general purpose.............................................................................................. $ 11,286,200
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions...............................................................................30.0
Secretary of state.......................................................................................................................... $ 112,500
Unclassified positions—5.0 FTE positions.................................................................................. 453,200
Operations—30.0 FTE positions.................................................................................................. 3,224,100
GROSS APPROPRIATION.......................................................................................................... $ 3,789,800
Appropriated from:
Auto repair facilities fees............................................................................................................. 60,300
Driver fees.................................................................................................................................... 221,600
Expedient service fees.................................................................................................................. 58,300
Parking ticket court fines.............................................................................................................. 8,300
Personal identification card fees.................................................................................................. 26,100
Reinstatement fees - operator licenses......................................................................................... 204,000
Transportation administration collection fund.............................................................................. 2,061,500
Vehicle theft prevention fees........................................................................................................ 35,500
State general fund/general purpose.............................................................................................. $ 1,114,200
(3) DEPARTMENT SERVICES
Full-time equated classified positions.............................................................................159.0
Operations—152.0 FTE positions................................................................................................ $ 22,600,800
Assigned claims assessments—7.0 FTE positions....................................................................... 1,031,800
GROSS APPROPRIATION.......................................................................................................... $ 23,632,600
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................................................................................................ 467,400
Assigned claims assessments....................................................................................................... 1,031,800
Auto repair facilities fees............................................................................................................. 414,000
Child support clearance fees........................................................................................................ 34,200
Driver fees.................................................................................................................................... 917,200
Driver improvement course fund.................................................................................................. 300,000
Expedient service fees.................................................................................................................. 256,200
Marine safety fund....................................................................................................................... 79,400
Off-road vehicle title fees............................................................................................................. 8,000
Parking ticket court fines.............................................................................................................. 52,600
Personal identification card fees.................................................................................................. 118,900
Reinstatement fees - operator licenses......................................................................................... 684,700
Scrap tire fund.............................................................................................................................. 72,800
Snowmobile registration fee revenue........................................................................................... 18,100
Transportation administration collection fund.............................................................................. 18,758,400
Vehicle theft prevention fees........................................................................................................ 242,800
State general fund/general purpose.............................................................................................. $ 176,100
(4) REGULATORY SERVICES
Full-time equated classified positions.............................................................................210.5
Operations—208.5 FTE positions................................................................................................ $ 21,819,900
County clerk education and training............................................................................................ 100,000
Motorcycle safety education administration—2.0 FTE positions................................................ 323,600
Motorcycle safety education grants.............................................................................................. 1,500,000
GROSS APPROPRIATION.......................................................................................................... $ 23,743,500
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................................................................................................. 4,129,600
Driver education provider and instructor fund............................................................................. 72,700
Driver fees.................................................................................................................................... 2,677,400
Expedient service fees.................................................................................................................. 35,100
Motorcycle safety fund................................................................................................................. 1,823,600
Notary education and training fund.............................................................................................. 100,000
Notary fee fund............................................................................................................................ 313,800
Parking ticket court fines.............................................................................................................. 20,600
Personal identification card fees.................................................................................................. 104,700
Reinstatement fees - operator licenses......................................................................................... 2,041,400
Transportation administration collection fund.............................................................................. 10,881,700
Vehicle theft prevention fees........................................................................................................ 1,326,000
State general fund/general purpose.............................................................................................. $ 216,900
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions..........................................................................1,373.5
Branch operations—931.5 FTE positions..................................................................................... $ 75,703,600
Central operations—415.0 FTE positions.................................................................................... 43,684,500
Commemorative license plates—24.0 FTE positions................................................................... 2,147,300
Specialty license plates—3.0 FTE positions................................................................................ 1,922,000
Credit and debit assessment service fees..................................................................................... 1,000,000
Olympic center plate.................................................................................................................... 75,700
Organ donor program................................................................................................................... 79,100
GROSS APPROPRIATION.......................................................................................................... $ 124,612,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund......................................................................... 20,000,000
Federal revenues:
Federal funds................................................................................................................................ 1,460,000
Special revenue funds:
Private funds................................................................................................................................. 100
Abandoned vehicle fees................................................................................................................ 196,900
Auto repair facilities fees............................................................................................................. 92,500
Child support clearance fees........................................................................................................ 294,000
Credit and debit assessment service fees..................................................................................... 1,000,000
Driver fees.................................................................................................................................... 23,788,700
Driver improvement course fund.................................................................................................. 1,200,000
Enhanced driver license and enhanced official state personal identification card fund............... 4,849,900
Expedient service fees.................................................................................................................. 2,456,400
Marine safety fund....................................................................................................................... 1,261,600
Michigan state police auto theft fund........................................................................................... 118,900
Mobile home commission fees..................................................................................................... 472,900
Off-road vehicle title fees............................................................................................................. 141,600
Parking ticket court fines.............................................................................................................. 1,485,200
Personal identification card fees.................................................................................................. 2,057,400
Recreation passport fee revenue................................................................................................... 1,037,800
Reinstatement fees - operator licenses......................................................................................... 1,406,400
Snowmobile registration fee revenue........................................................................................... 345,800
Transportation administration collection fund.............................................................................. 60,478,900
Vehicle theft prevention fees........................................................................................................ 208,600
State general fund/general purpose.............................................................................................. $ 258,600
(6) ELECTION REGULATION
Full-time equated classified positions...............................................................................36.0
Election administration and services—36.0 FTE positions.......................................................... $ 5,140,600
Fees to local units........................................................................................................................ 109,800
Help America Vote Act................................................................................................................ 350,000
GROSS APPROPRIATION.......................................................................................................... $ 5,600,400
Appropriated from:
Federal revenues:
Federal Funds - HAVA HHS........................................................................................................ 350,000
State general fund/general purpose.............................................................................................. $ 5,250,400
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent.................................................................................................. $ 9,772,000
Worker’s compensation................................................................................................................. 292,500
GROSS APPROPRIATION.......................................................................................................... $ 10,064,500
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................................................................................................. 135,300
Driver fees.................................................................................................................................... 738,200
Expedient service fees.................................................................................................................. 26,000
Parking ticket court fines.............................................................................................................. 447,800
Transportation administration collection fund.............................................................................. 5,925,000
State general fund/general purpose.............................................................................................. $ 2,792,200
(8) INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 20,442,000
GROSS APPROPRIATION.......................................................................................................... $ 20,442,000
Appropriated from:
Special revenue funds:
Administrative order processing fee............................................................................................. 11,100
Auto repair facilities fees............................................................................................................. 179,000
Child support clearance fees........................................................................................................ 16,200
Driver fees.................................................................................................................................... 741,700
Expedient service fees.................................................................................................................. 1,022,700
Parking ticket court fines.............................................................................................................. 82,500
Personal identification card fees.................................................................................................. 159,900
Reinstatement fees - operator licenses......................................................................................... 558,500
Transportation administration collection fund.............................................................................. 16,022,100
Vehicle theft prevention fees........................................................................................................ 170,500
State general fund/general purpose.............................................................................................. $ 1,477,800
Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions..........................................................................3,032.5
GROSS APPROPRIATION.......................................................................................................... $ 1,017,184,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 608,968,900
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 408,215,400
Federal revenues:
Total federal revenues................................................................................................................... 10,346,000
Special revenue funds:
Total local revenues...................................................................................................................... 1,456,600
Total private revenues................................................................................................................... 180,600
Total other state restricted revenues............................................................................................. 85,374,400
State general fund/general purpose.............................................................................................. $ 310,857,800
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions...............................................................................11.0
Unclassified positions—6.0 FTE positions.................................................................................. $ 796,500
Executive operations—11.0 FTE positions.................................................................................. 1,410,000
GROSS APPROPRIATION.......................................................................................................... $ 2,206,500
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges..................................................................... 74,400
IDG from technology user fees.................................................................................................... 1,394,500
Special revenue funds:
Special revenue, internal service, and pension trust funds........................................................... 140,800
State general fund/general purpose.............................................................................................. $ 596,800
(3) DEPARTMENT SERVICES
Full-time equated classified positions.............................................................................778.5
Administrative services—132.5 FTE positions............................................................................ $ 15,411,100
Budget and financial management—158.5 FTE positions........................................................... 15,726,700
Office of the state employer—23.0 FTE positions....................................................................... 2,980,800
Design and construction services—40.0 FTE positions............................................................... 5,772,800
Business support services—105.5 FTE positions......................................................................... 9,584,200
Building operation services—221.0 FTE positions...................................................................... 87,962,100
Building occupancy charges, rent, and utilities............................................................................ 5,129,400
Motor vehicle fleet—46.0 FTE positions..................................................................................... 57,349,700
Information technology services and projects.............................................................................. 26,482,900
Bureau of labor market information and strategies—52.0 FTE positions.................................... 6,676,900
GROSS APPROPRIATION.......................................................................................................... $ 233,076,600
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service centers user charges...................................................................... 2,471,200
IDG from building occupancy and parking charges..................................................................... 90,446,400
IDG from MDCH......................................................................................................................... 453,000
IDG from MDHS.......................................................................................................................... 187,800
IDG from MDLARA.................................................................................................................... 100,000
IDG from MDOT, comprehensive transportation fund................................................................ 41,900
IDG from MDOT, state aeronautics fund..................................................................................... 38,100
IDG from MDOT, state trunkline fund........................................................................................ 1,308,100
IDG from motor transport fund.................................................................................................... 57,349,700
IDG from technology user fees.................................................................................................... 7,960,500
IDG from user fees....................................................................................................................... 5,833,200
Federal revenues:
Federal funds................................................................................................................................ 100
Federal revenues........................................................................................................................... 7,542,600
Special revenue funds:
Deferred compensation................................................................................................................. 2,600
Game and fish protection fund..................................................................................................... 408,500
Health management funds............................................................................................................ 1,969,700
MAIN user charges...................................................................................................................... 5,143,000
Pension trust funds....................................................................................................................... 6,726,900
Special revenue, internal service, and pension trust funds........................................................... 13,529,200
State building authority revenue................................................................................................... 675,400
State lottery fund.......................................................................................................................... 225,000
State restricted indirect funds....................................................................................................... 1,857,800
State services fee fund.................................................................................................................. 117,900
Waterways fund............................................................................................................................ 106,000
State general fund/general purpose.............................................................................................. $ 28,582,000
(4) TECHNOLOGY SERVICES
Full-time equated classified positions..........................................................................1,559.5
Education services—31.0 FTE positions...................................................................................... $ 3,262,600
Health and human services—659.5 FTE positions...................................................................... 255,628,900
Public protection—271.5 FTE positions...................................................................................... 54,819,100
Resources services—156.5 FTE positions................................................................................... 18,305,400
Transportation services—95.5 FTE positions............................................................................... 27,737,500
General services—345.5 FTE positions....................................................................................... 75,363,100
GROSS APPROPRIATION.......................................................................................................... $ 435,116,600
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.................................................................................................... 435,116,600
State general fund/general purpose.............................................................................................. $ 0
(5) SPECIAL PROGRAMS
Full-time equated classified positions.............................................................................177.0
Building occupancy charges - property management services for executive/legislative building
occupancy................................................................................................................................. $ 1,188,200
Retirement services—166.0 FTE positions.................................................................................. 18,402,900
Office of children’s ombudsman—11.0 FTE positions................................................................ 1,028,900
Information technology innovation fund...................................................................................... 2,500,000
GROSS APPROPRIATION.......................................................................................................... $ 23,120,000
Appropriated from:
Special revenue funds:
Deferred compensation................................................................................................................. 1,542,400
Pension trust funds....................................................................................................................... 16,860,500
State general fund/general purpose.............................................................................................. $ 4,717,100
(6) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies............................................................................... $ 68,305,800
State building authority rent - department of corrections............................................................ 47,379,900
State building authority rent - universities................................................................................... 117,225,300
State building authority rent - community colleges..................................................................... 23,959,600
GROSS APPROPRIATION.......................................................................................................... $ 256,870,600
Appropriated from:
State general fund/general purpose.............................................................................................. $ 256,870,600
(7) CIVIL SERVICE COMMISSION
Full-time equated classified positions.............................................................................506.5
Agency services—102.5 FTE positions....................................................................................... $ 12,371,700
Executive direction—33.0 FTE positions..................................................................................... 8,773,400
Employee benefits—31.0 FTE positions...................................................................................... 6,078,100
Training........................................................................................................................................ 1,300,000
Human resources operations—340.0 FTE positions.................................................................... 32,275,600
Information technology services and projects.............................................................................. 3,995,200
GROSS APPROPRIATION.......................................................................................................... $ 64,794,000
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges................................................................................................................... 1,300,000
IDG, 1% special funds................................................................................................................. 2,893,500
Federal revenues:
Federal funds 1%.......................................................................................................................... 2,803,300
Special revenue funds:
Local funds 1%............................................................................................................................ 1,456,600
Private funds 1%.......................................................................................................................... 180,600
State restricted funds 1%.............................................................................................................. 21,241,300
State restricted indirect funds....................................................................................................... 5,956,600
State sponsored group insurance.................................................................................................. 2,650,000
State sponsored group insurance, flexible spending accounts, and COBRA............................... 6,220,800
State general fund/general purpose.............................................................................................. $ 20,091,300
(8) CAPITAL OUTLAY
Major special maintenance, remodeling and addition for state agencies..................................... $ 2,000,000
GROSS APPROPRIATION.......................................................................................................... $ 2,000,000
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy charges......................................................................................... 2,000,000
State general fund/general purpose.............................................................................................. $ 0
Sec. 108. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions...........................................................................10.0
Full-time equated classified positions..........................................................................2,565.5
GROSS APPROPRIATION.......................................................................................................... $ 2,459,480,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 14,421,600
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 2,445,059,300
Federal revenues:
Total federal revenues................................................................................................................... 744,214,000
Special revenue funds:
Total local revenues...................................................................................................................... 6,532,700
Total private revenues................................................................................................................... 380,000
Total other state restricted revenues............................................................................................. 1,443,956,500
State general fund/general purpose.............................................................................................. $ 249,976,100
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions...........................................................................10.0
Full-time equated classified positions.................................................................................5.0
Unclassified positions—10.0 FTE positions................................................................................ $ 923,000
Office of the director—5.0 FTE positions................................................................................... 1,013,700
GROSS APPROPRIATION.......................................................................................................... $ 1,936,700
Appropriated from:
Federal revenues:
DED-OPSE, federal lenders allowance........................................................................................ 20,000
DED-OPSE, higher education act of 1965 insured loans............................................................ 45,000
Special revenue funds:
State lottery fund.......................................................................................................................... 196,200
State services fee fund.................................................................................................................. 357,900
State general fund/general purpose.............................................................................................. $ 1,317,600
(3) DEPARTMENTWIDE APPROPRIATIONS
Travel............................................................................................................................................ $ 1,209,500
Rent and building occupancy charges - property management services...................................... 5,357,600
Worker’s compensation insurance premium................................................................................. 168,000
GROSS APPROPRIATION.......................................................................................................... $ 6,735,100
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue................................................................................................ 3,843,800
State general fund/general purpose.............................................................................................. $ 2,891,300
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions...............................................................................93.0
Supervision of the general property tax law—59.0 FTE positions.............................................. $ 12,730,300
Property tax assessor training—4.0 FTE positions...................................................................... 457,100
Local finance—23.0 FTE positions.............................................................................................. 2,450,300
Business property tax appeal—7.0 FTE positions....................................................................... 402,400
GROSS APPROPRIATION.......................................................................................................... $ 16,040,100
Appropriated from:
Federal revenues:
Special revenue funds:
Local - assessor training fees....................................................................................................... 1,292,100
Local - audit charges.................................................................................................................... 667,100
Local - equalization study charge-backs...................................................................................... 40,000
Local - revenue from local government....................................................................................... 100,000
Land reutilization fund................................................................................................................. 4,528,400
Municipal finance fees................................................................................................................. 535,200
Delinquent tax collection revenue................................................................................................ 1,440,500
State general fund/general purpose.............................................................................................. $ 7,436,800
(5) TAX PROGRAMS
Full-time equated classified positions.............................................................................762.0
Customer contact—112.0 FTE positions...................................................................................... $ 9,980,900
Tax compliance—345.0 FTE positions........................................................................................ 38,456,900
Tax and economic policy—121.0 FTE positions......................................................................... 13,848,700
Tax processing—156.0 FTE positions.......................................................................................... 15,630,400
Home heating assistance.............................................................................................................. 2,834,800
Bottle act implementation............................................................................................................ 250,000
Tobacco tax enforcement.............................................................................................................. 3,000,000
Tax plan implementation—28.0 FTE positions............................................................................ 10,537,000
GROSS APPROPRIATION.......................................................................................................... $ 94,538,700
Appropriated from:
Interdepartmental grant revenues:
IDG, data/collection services fees................................................................................................ 50,900
IDG from MDOT, Michigan transportation fund......................................................................... 7,901,600
IDG from MDOT, state aeronautics fund..................................................................................... 68,700
Federal revenues:
HHS-SSA, low-income energy assistance.................................................................................... 2,834,800
Special revenue funds:
Bottle deposit fund....................................................................................................................... 250,000
Delinquent tax collection revenue................................................................................................ 65,102,000
Emergency 911 fund..................................................................................................................... 150,000
Tobacco tax revenue..................................................................................................................... 3,980,400
Waterways fund............................................................................................................................ 80,500
State general fund/general purpose.............................................................................................. $ 14,119,800
(6) BANKING AND MANAGEMENT SERVICES
Full-time equated classified positions.............................................................................343.0
Departmental and budget services—48.0 FTE positions.............................................................. $ 4,218,300
Unclaimed property—26.0 FTE positions.................................................................................... 4,356,600
Collections—209.0 FTE positions................................................................................................ 24,492,100
Finance and accounting—21.0 FTE positions.............................................................................. 1,997,500
Receipts processing—39.0 FTE positions.................................................................................... 3,923,400
GROSS APPROPRIATION.......................................................................................................... $ 38,987,900
Appropriated from:
Interdepartmental grant revenues:
IDG, levy/warrant cost assessment fees....................................................................................... 2,000,000
IDG, state agency collection fees................................................................................................. 2,426,800
IDG from MDHS, title IV-D........................................................................................................ 662,500
IDG data/collection service fees.................................................................................................. 229,600
IDG from accounting service center user charges....................................................................... 389,400
Special revenue funds:
Delinquent tax collection revenue................................................................................................ 20,920,300
Escheats revenue........................................................................................................................... 4,356,600
Justice system fund...................................................................................................................... 696,100
Garnishment fees.......................................................................................................................... 2,342,200
State restricted indirect funds....................................................................................................... 258,500
Treasury fees................................................................................................................................ 43,900
State general fund/general purpose.............................................................................................. $ 4,662,000
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.............................................................................237.5
Investments—82.0 FTE positions................................................................................................. $ 17,614,500
Common cash and debt management—22.5 FTE positions......................................................... 1,365,700
Student financial assistance programs—46.5 FTE positions........................................................ 3,564,000
Michigan finance authority - bond finance—84.5 FTE positions................................................ 36,943,200
Public private partnership investment—2.0 FTE positions.......................................................... 1,487,900
John R. Justice grant program...................................................................................................... 282,100
GROSS APPROPRIATION.......................................................................................................... $ 61,257,400
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees...................................................................................................... 177,100
Federal revenues:
DED-OPSE, federal lenders allowance........................................................................................ 10,908,900
DED-OPSE, higher education act of 1965, insured loans........................................................... 24,203,900
Federal - John R. Justice grant..................................................................................................... 282,100
Special revenue funds:
Defined contribution administrative fee revenue.......................................................................... 100,000
Michigan finance authority bond and loan program revenue....................................................... 3,068,100
Michigan merit award trust fund.................................................................................................. 996,400
Public private partnership investment fund.................................................................................. 1,487,900
Retirement funds.......................................................................................................................... 16,430,200
School bond fees.......................................................................................................................... 688,100
Treasury fees................................................................................................................................ 1,277,000
State general fund/general purpose.............................................................................................. $ 1,637,700
(8) DEBT SERVICE
Water pollution control bond and interest redemption................................................................. $ 2,125,500
Quality of life bond...................................................................................................................... 75,278,500
Clean Michigan initiative............................................................................................................. 59,373,100
Great Lakes water quality bond................................................................................................... 4,150,900
GROSS APPROPRIATION.......................................................................................................... $ 140,928,000
Appropriated from:
Special revenue funds:
Refined petroleum fund................................................................................................................ 15,514,500
State general fund/general purpose.............................................................................................. $ 125,413,500
(9) GRANTS
Convention facility development distribution............................................................................... $ 74,850,000
Presidential primary..................................................................................................................... 10,000,000
Senior citizen cooperative housing tax exemption program......................................................... 12,020,000
Emergency 911 payments............................................................................................................. 27,000,000
Health and safety fund grants....................................................................................................... 9,000,000
GROSS APPROPRIATION.......................................................................................................... $ 132,870,000
Appropriated from:
Special revenue funds:
Emergency 911 fund..................................................................................................................... 27,000,000
Convention facility development fund.......................................................................................... 74,850,000
Health and safety fund................................................................................................................. 9,000,000
State general fund/general purpose.............................................................................................. $ 22,020,000
(10) BUREAU OF STATE LOTTERY
Full-time equated classified positions.............................................................................179.0
Lottery operations—179.0 FTE positions.................................................................................... $ 21,657,900
Promotion and advertising............................................................................................................ 17,690,900
Lottery information technology services and projects................................................................. 4,837,800
GROSS APPROPRIATION.......................................................................................................... $ 44,186,600
Appropriated from:
Special revenue funds:
State lottery fund.......................................................................................................................... 44,186,600
State general fund/general purpose.............................................................................................. $ 0
(11) CASINO GAMING
Full-time equated classified positions.............................................................................126.0
Michigan gaming control board................................................................................................... $ 50,000
Casino gaming control operations—116.0 FTE positions............................................................ 22,418,800
Casino gaming information technology services and projects..................................................... 1,647,700
Racing commission—10.0 FTE positions.................................................................................... 2,193,300
GROSS APPROPRIATION.......................................................................................................... $ 26,309,800
Appropriated from:
Special revenue funds:
Casino gambling agreements........................................................................................................ 719,300
Equine development fund............................................................................................................. 2,316,300
Laboratory fees............................................................................................................................. 700,000
State services fee fund.................................................................................................................. 22,574,200
State general fund/general purpose.............................................................................................. $ 0
(12) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve............................................................................................................ $ 1,991,600
Purchased lands............................................................................................................................ 3,292,200
Swamp and tax reverted lands...................................................................................................... 5,293,200
GROSS APPROPRIATION.......................................................................................................... $ 10,577,000
Appropriated from:
Special revenue funds:
Game and fish protection fund..................................................................................................... 1,201,500
Michigan natural resources trust fund.......................................................................................... 350,400
Michigan state waterways fund.................................................................................................... 94,700
State general fund/general purpose.............................................................................................. $ 8,930,400
(13) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.............................................................................531.0
Administration—22.0 FTE positions............................................................................................ $ 2,786,200
Job creation services—139.0 FTE positions................................................................................ 17,205,200
Pure Michigan.............................................................................................................................. 25,000,000
Innovation and entrepreneurship.................................................................................................. 25,000,000
Business attraction and economic gardening............................................................................... 50,000,000
Community development block grants......................................................................................... 47,000,000
Arts and cultural program............................................................................................................ 2,567,400
Michigan film office—6.0 FTE positions.................................................................................... 766,900
GEAR-UP program grants............................................................................................................ 3,000,000
Carl D. Perkins grants.................................................................................................................. 19,000,000
Adult basic education................................................................................................................... 20,000,000
Adult education—16.0 FTE positions.......................................................................................... 2,599,100
Bureau of energy systems............................................................................................................ 4,610,900
Postsecondary education—9.0 FTE positions.............................................................................. 2,411,300
Employment services—246.0 FTE positions............................................................................... 49,586,000
Wage and hour division—1.0 FTE positions............................................................................... 115,000
Workforce development agency administrative services—25.0 FTE positions............................ 2,059,400
Workforce program administration—61.0 FTE positions............................................................ 12,904,800
Workforce training programs........................................................................................................ 296,478,600
Welfare-to-work programs............................................................................................................ 93,158,800
Worker’s compensation................................................................................................................. 17,900
Workforce development agency rent and property management.................................................. 1,483,500
Land bank fast track authority - bond finance—6.0 FTE positions............................................. 2,823,500
Information technology services and projects.............................................................................. 2,951,400
GROSS APPROPRIATION.......................................................................................................... $ 683,525,900
Appropriated from:
Interdepartmental grant revenues:
IDG-MDEQ, air quality fees........................................................................................................ 37,600
Federal revenues:
DAG, employment and training.................................................................................................... 7,290,000
DED-OESE, GEAR-UP................................................................................................................ 3,000,000
DED-OSERS, rehabilitation services, vocational rehabilitation state grants............................... 1,458,600
DED-OVAE, adult education........................................................................................................ 20,000,000
DED-OVAE, basic grants to states............................................................................................... 19,000,000
DOE-OEERE, multiple grants...................................................................................................... 4,737,300
DOL, federal funds....................................................................................................................... 125,868,000
DOL-ETA, workforce investment act........................................................................................... 234,008,400
Federal funds................................................................................................................................ 6,808,400
HHS, temporary assistance for needy families............................................................................ 64,669,000
HUD-CPD, community development block grants...................................................................... 49,602,800
US-EPA, revolving loan fund....................................................................................................... 1,000,000
NFAH-NEA, promotion of the arts, partnership agreements....................................................... 1,050,000
Special revenue funds:
Local revenues.............................................................................................................................. 4,433,500
Private - special project advances................................................................................................ 250,000
Private - Michigan council for the arts fund................................................................................ 100,000
Private - oil overcharge................................................................................................................ 30,000
Contingent fund, penalty and interest account............................................................................. 2,725,400
Defaulted loan collection fees...................................................................................................... 100,000
Industry support fees.................................................................................................................... 5,500
Land bank fast track fund............................................................................................................ 1,981,000
21st century jobs trust fund.......................................................................................................... 75,000,000
Michigan film promotion fund..................................................................................................... 563,100
Public utility assessments............................................................................................................. 843,600
State general fund/general purpose.............................................................................................. $ 58,963,700
(14) REVENUE SHARING
Constitutional state general revenue sharing grants..................................................................... $ 658,979,300
County revenue sharing payments................................................................................................ 100,000,000
Economic vitality incentive program........................................................................................... 200,000,000
GROSS APPROPRIATION.......................................................................................................... $ 958,979,300
Appropriated from:
Special revenue funds:
Sales tax....................................................................................................................................... 958,979,300
State general fund/general purpose.............................................................................................. $ 0
(15) MICHIGAN STRATEGIC FUND - MICHIGAN STATE HOUSING
DEVELOPMENT AUTHORITY
Full-time equated classified positions.............................................................................289.0
Payments on behalf of tenants..................................................................................................... $ 166,860,000
Housing and rental assistance—266.0 FTE positions.................................................................. 48,562,500
State historic preservation program—23.0 FTE positions........................................................... 3,105,700
Lighthouse preservation program................................................................................................. 307,500
Rent and administrative support................................................................................................... 3,846,100
Michigan state housing development authority technology services and projects....................... 3,291,300
GROSS APPROPRIATION.......................................................................................................... $ 225,973,100
Appropriated from:
Federal revenues:
HUD, lower income housing assistance....................................................................................... 166,860,000
Special revenue funds:
Michigan state housing development authority fees and charges................................................ 58,805,600
Michigan lighthouse preservation fund........................................................................................ 307,500
State general fund/general purpose.............................................................................................. $ 0
(16) INFORMATION TECHNOLOGY
Treasury operations information technology services and projects............................................. $ 16,635,300
GROSS APPROPRIATION.......................................................................................................... $ 16,635,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund......................................................................... 477,400
Federal revenues:
DED-OPSE, federal lender allowance.......................................................................................... 566,800
Special revenue funds:
Delinquent tax collection revenue................................................................................................ 12,201,100
Retirement funds.......................................................................................................................... 690,600
Tobacco tax revenue..................................................................................................................... 116,100
State general fund/general purpose.............................................................................................. $ 2,583,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2011-2012 is $2,451,146,600.00 and state spending from state resources to be paid to local units of government for fiscal year 2011-2012 is $1,129,558,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE
Fees to local units........................................................................................................................ $ 109,800
Motorcycle safety grants.............................................................................................................. 1,251,000
Subtotal......................................................................................................................................... $ 1,360,800
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption....................................................................... $ 12,020,000
Health and safety fund grants....................................................................................................... 9,000,000
Constitutional state general revenue sharing grants..................................................................... 658,979,300
Economic vitality incentive program........................................................................................... 200,000,000
Convention facility development fund distribution...................................................................... 74,850,000
Emergency 9-1-1 payments.......................................................................................................... 24,600,000
County revenue sharing payments................................................................................................ 100,000,000
Airport parking distribution pursuant to section 909................................................................... 12,946,500
Presidential primary..................................................................................................................... 10,000,000
Payments in lieu of taxes............................................................................................................. 10,577,000
Welfare-to-work programs............................................................................................................ 15,224,800
Subtotal......................................................................................................................................... $ 1,128,197,600
TOTAL GENERAL GOVERNMENT.......................................................................................... $ 1,129,558,400
(2) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 2011-2012 is estimated at $26,336,775,800.00 in the 2011-2012 appropriations acts and total state spending from state sources paid to local units of government for fiscal year 2011-2012 is estimated at $14,717,752,700.00. The state-local proportion is estimated at 55.9% of total state spending from state resources.
(3) If payments to local units of government and state spending from state sources for fiscal year 2011-2012 are different than the amounts estimated in subsection (2), the state budget director shall report the payments to local units of government and state spending from state sources that were made for fiscal year 2011-2012 to the senate and house of representatives standing committees on appropriations within 30 days after the final book-closing for fiscal year 2011-2012.
Sec. 202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this article:
(a) “AFSCME” means American federation of state, county, and municipal employees.
(b) “ATM” means automated teller machine.
(c) “CDBG” means community development block grants.
(d) “COBRA” means the consolidated omnibus budget reconciliation act of 1985, Public Law 99-272, 100 Stat. 82.
(e) “CPI” means consumer price index.
(f) “DAG” means the United States department of agriculture.
(g) “DED” means the United States department of education.
(h) “DED-OESE” means the DED office of elementary and secondary education.
(i) “DED-OPSE” means the DED, office of postsecondary education.
(j) “DED-OSERS” means the DED office of special education rehabilitation services.
(k) “DED-OVAE” means the DED office of vocational and adult education.
(l) “DOE-OEERE” means the United States department of energy, office of energy efficiency and renewable energy.
(m) “DOI-NPS” means the Untied State department of interior, national park service.
(n) “DOL-ETA” means the United States department of labor, employment and training administration.
(o) “DOL-OSHA” means the United States department of labor, occupational safety and health administration.
(p) “EEOC” means the United States equal employment opportunity commission.
(q) “EPA” means the United States environmental protection agency.
(r) “FTE” means full-time equated.
(s) “Fund” means the Michigan strategic fund.
(t) “GEAR-UP” means gaining early awareness and readiness for undergraduate programs.
(u) “GF/GP” means general fund/general purpose.
(v) “HAVA” means help America vote act.
(w) “HHS” means the United States department of health and human services.
(x) “HHS-OS” means the HHS office of the secretary.
(y) “HHS-SSA” means the HHS social security administration.
(z) “HUD” means the United States department of housing and urban development.
(aa) “HUD-CPD” means the United States department of housing and urban development – community planning and development.
(bb) “IDG” means interdepartmental grant.
(cc) “IDT” means intradepartmental transfer.
(dd) “JCOS” means the joint capital outlay subcommittee.
(ee) “MAIN” means the Michigan administrative information network.
(ff) “MCL” means the Michigan Compiled Laws.
(gg) “MDCH” means the Michigan department of community health.
(hh) “MDE” means the Michigan department of education.
(ii) “MDELEG” means the Michigan department of energy, labor, and economic growth or its successor.
(jj) “MDEQ” means the Michigan department of environmental quality.
(kk) “MDHS” means the Michigan department of human services.
(ll) “MDMVA” means the Michigan department of military and veterans affairs.
(mm) “MDOC” means the Michigan department of corrections.
(nn) “MDOT” means the Michigan department of transportation.
(oo) “MDSP” means the Michigan department of state police.
(pp) “MDTMB” means the Michigan department of technology, management, and budget.
(qq) “MEDC” means the Michigan economic development corporation, which is the public body corporate created under section 28 of article VII of the state constitution of 1963 and the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by contractual interlocal agreement effective April 5, 1999, between local participating economic development corporations formed under the economic development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636, and the Michigan strategic fund.
(rr) “MFA” means the Michigan finance authority.
(ss) “MPE” means the Michigan public employees.
(tt) “MSC” means managerial, supervisory, and confidential.
(uu) “MSHDA” means Michigan state housing development authority.
(vv) “NERE” means nonexclusively represented employees.
(ww) “NFAH-NEA” means the national foundation of the arts and the humanities – national endowment for the arts.
(xx) “PA” means public act.
(yy) “PACC” means the prosecuting attorneys coordinating council.
(zz) “SEIU” means service employees international union.
Sec. 206. (1) The departments and agencies receiving appropriations in this article shall maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
(2) Departments and agencies may develop and operate their own websites to provide this information or may reference the state’s central transparency website as the source for this information.
Sec. 207. Amounts appropriated in part 1 for information technology may be designated as work project accounts and carried forward to support technology projects under the direction of the department of technology, management, and budget. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 208. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 210. The director of each department receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 211. Pursuant to section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, which provides for a transfer of state general funds into or out of the countercyclical budget and economic stabilization fund, there is appropriated for the fiscal year ending September 30, 2012, from general fund/general purpose revenue for deposit into the countercyclical budget and economic stabilization fund the sum of $255,800,000.00. The calculation required by section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, is determined as follows:
2010 2011
Michigan personal income (millions)............................................................ $351,830 $369,070
less: transfer payments......................................................................... 81,535 81,943
Subtotal................................................................................................ $270,295 $287,127
Divided by: Detroit CPI for 12 months ending June 30............................... 2.045 2.062
Equals: real adjusted Michigan personal income.......................................... $132,157 $139,273
Percentage change ........................................................................................ 5.4%
Percentage change greater than 2% ............................................................. 3.4%
Multiplied by: estimated GF/GP revenue in FY 2010-2011 (millions)........ 7,524.1
Equals: countercyclical budget and economic stabilization fund payin calculation for the fiscal year ending September 30, 2012
(millions).............................................................................................. $255.8
Sec. 212. The departments and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 213. Funds appropriated in part 1 shall not be used by this state, a department, an agency, or an authority of this state to purchase an ownership interest in a casino enterprise or a gambling operation as those terms are defined in the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
Sec. 214. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of technology, management, and budget for technology-related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the departments and agencies and the department of technology, management, and budget.
Sec. 215. A department or state agency shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 216. (1) Due to the current budgetary problems in this state, out-of-state travel shall be limited to situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the state budget director may grant exceptions to allow the travel. Any exceptions granted by the state budget director shall be reported on a quarterly basis to the senate and house of representatives standing committees on appropriations.
Sec. 217. General fund appropriations in this article shall not be expended for items in cases where federal funding is available for the same expenditures.
Sec. 220. Funds appropriated in this article shall not be used to administer a committee or to solicit or obtain contributions for a committee. As used in this section, “committee” means that term as defined in section 3 of the Michigan campaign finance act, 1976 PA 388, MCL 169.203.
Sec. 221. (1) Each department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house of representatives standing committees on appropriations subcommittees on general government, the joint committee on administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by a department to adopt a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) “Rule” means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) “Small business” means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.
Sec. 226. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes.
Sec. 227. Within 14 days after the release of the executive budget recommendation, the departments and agencies receiving appropriations in this article shall provide the state budget director, the chairs of the senate and house of representatives standing committees on appropriations, the senate and house of representatives standing committees on appropriations subcommittees on general government, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2011 and September 30, 2012.
Sec. 228. Not later than November 15, each department or agency receiving appropriations in part 1 shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.
Sec. 229. If the office of the auditor general has identified an initiative or made a recommendation that is related to savings and efficiencies in an audit report for an executive branch department or agency, the department or agency shall report within 6 months of the release of the audit on their efforts and progress made toward achieving the savings and efficiencies identified in the audit report. The report shall be submitted to the chairs of the senate and house of representatives standing committees on appropriations, the chairs of the senate and house of representatives standing committees with jurisdiction over matters relating to the department that is audited, and the senate and house fiscal agencies.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 302. (1) The attorney general shall perform all legal services, including representation before courts and administrative agencies rendering legal opinions and providing legal advice to a principal executive department or state agency. A principal executive department or state agency shall not employ or enter into a contract with any other person for services described in this section.
(2) The attorney general shall defend judges of all state courts if a claim is made or a civil action is commenced for injuries to persons or property caused by the judge through the performance of the judge’s duties while acting within the scope of his or her authority as a judge.
(3) The attorney general shall perform the duties specified in 1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to 14.102, and as otherwise provided by law.
Sec. 303. The attorney general may sell copies of the biennial report in excess of the 350 copies that the attorney general may distribute on a gratis basis. Gratis copies shall not be provided to members of the legislature. Electronic copies of biennial reports shall be made available on the department of attorney general’s website. The attorney general shall sell copies of the report at not less than the actual cost of the report and shall deposit the money received into the general fund.
Sec. 304. The department of attorney general is responsible for the legal representation for state of Michigan state employee worker’s disability compensation cases. The risk management revolving fund revenue appropriation in part 1 is to be satisfied by billings from the department of attorney general for the actual costs of legal representation, including salaries and support costs.
Sec. 305. In addition to the funds appropriated in part 1, not more than $400,000.00 shall be reimbursed per fiscal year for food stamp fraud cases heard by the third circuit court of Wayne County that were initiated by the department of attorney general pursuant to the existing contract between the department of human services, the prosecuting attorneys association of Michigan, and the department of attorney general. The source of this funding is money earned by the department of attorney general under the agreement after the allowance for reimbursement to the department of attorney general for costs associated with the prosecution of food stamp fraud cases. It is recognized that the federal funds are earned by the department of attorney general for its documented progress on the prosecution of food stamp fraud cases according to the United States department of agriculture regulations and that, once earned by this state, the funds become state funds.
Sec. 306. Any proceeds from a lawsuit initiated by or settlement agreement entered into on behalf of this state against a manufacturer of tobacco products by the attorney general are state funds and are subject to appropriation as provided by law.
Sec. 307. (1) In addition to the antitrust revenues in part 1, antitrust, securities fraud, consumer protection or class action enforcement revenues, or attorney fees recovered by the department, not to exceed $250,000.00, are appropriated to the department for antitrust, securities fraud, and consumer protection or class action enforcement cases.
(2) Any unexpended funds from antitrust, securities fraud, or consumer protection or class action enforcement revenues at the end of the fiscal year, including antitrust funds in part 1, may be carried forward for expenditure in the following fiscal year up to the maximum authorization of $250,000.00.
Sec. 308. (1) In addition to the funds appropriated in part 1, there is appropriated up to $500,000.00 from litigation expense reimbursements awarded to the state.
(2) The funds may be expended for the payment of court judgments or settlements, attorney fees, and litigation expenses not including salaries and support costs, assessed against the office of the governor, the department of the attorney general, the governor, or the attorney general when acting in an official capacity as the named party in litigation against the state. The funds may also be expended for the payment of state costs incurred under section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16.
(3) Unexpended funds at the end of the fiscal year may be carried forward for expenditure in the following year, up to a maximum authorization of $500,000.00.
Sec. 309. From the prisoner reimbursement funds appropriated in part 1, the department may spend up to $497,900.00 on activities related to the state correctional facilities reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. In addition to the funds appropriated in part 1, if the department collects in excess of $1,131,000.00 in gross annual prisoner reimbursement receipts provided to the general fund, the excess, up to a maximum of $1,000,000.00, is appropriated to the department of attorney general and may be spent on the representation of the department of corrections and its officers, employees, and agents, including, but not limited to, the defense of litigation against the state, its departments, officers, employees, or agents in civil actions filed by prisoners.
Sec. 310. (1) For the purposes of providing title IV-D child support enforcement funding, the department of human services, as the state IV-D agency, shall maintain a cooperative agreement with the attorney general for federal IV-D funding to support the child support enforcement activities within the office of the attorney general.
(2) The attorney general or his or her designee shall, to the extent allowable under federal law, have access to any information used by the state to locate parents who fail to pay court-ordered child support.
Sec. 312. The department of attorney general shall not receive and expend funds in addition to those authorized in part 1 for legal services provided specifically to other state departments or agencies except for costs for expert witnesses, court costs, or other nonsalary litigation expenses associated with a pending legal action.
DEPARTMENT OF CIVIL RIGHTS
Sec. 401. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 402. (1) In addition to the appropriations contained in part 1, the department of civil rights may receive and expend funds from local or private sources for all of the following purposes:
(a) Developing and presenting training for employers on equal employment opportunity law and procedures.
(b) The publication and sale of civil rights related informational material.
(c) The provision of copy material made available under freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs consistent with the programmatic mission of the individual unit sponsoring or coordinating the programs.
(g) Staffing costs for all activities included in this subsection.
(2) The department of civil rights shall annually report to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies the amount of funds received and expended for purposes authorized under this section.
Sec. 403. The department of civil rights may contract with local units of government to review equal employment opportunity compliance of potential contractors and may charge for and expend amounts received from local units of government for the purpose of developing and providing these contractual services.
LEGISLATURE
Sec. 600. The senate, the house of representatives, or an agency within the legislative branch may receive, expend, and transfer funds in addition to those authorized in part 1.
Sec. 601. (1) Funds appropriated in part 1 to an entity within the legislative branch shall not be expended or transferred to another account without written approval of the authorized agent of the legislative entity. If the authorized agent of the legislative entity notifies the state budget director of its approval of an expenditure or transfer before the year-end book-closing date for that legislative entity, the state budget director shall immediately make the expenditure or transfer. The authorized legislative entity agency shall be designated by the speaker of the house of representatives for house entities, the senate majority leader for senate entities, and the legislative council for legislative council entities.
(2) Funds appropriated within the legislative branch, to a legislative council component, shall not be expended by any agency or other subgroup included in that component without the approval of the legislative council.
Sec. 602. The senate may charge rent and assess charges for utility costs. The amounts received for rent charges and utility assessments are appropriated to the senate for the renovation, operation, and maintenance of the Farnum building and other properties.
Sec. 603. The appropriation contained in part 1 for national association dues is to be distributed by the legislative council. If the funding is available, $51,000.00 shall be paid as annual dues to the national conference of commissioners on uniform state laws.
Sec. 604. (1) The appropriation in part 1 to the legislative council includes funds to operate the legislative parking facilities in the capitol area. The legislative council shall establish rules regarding the operation of the legislative parking facilities.
(2) The legislative council shall collect a fee from state employees and the general public using certain legislative parking facilities. The revenues received from the parking fees shall be allocated by the legislative council.
Sec. 605. The appropriation in part 1 to the legislative council for publication of the Michigan manual is a work project account. The unexpended portion remaining on September 30 shall not lapse and shall be carried forward into the subsequent fiscal year for use in paying the associated biennial costs of publication of the Michigan manual.
Sec. 606. The appropriations in part 1 to the legislative branch, for property management, shall be used to purchase equipment and services for building maintenance in order to ensure a safe and productive work environment. These funds are designated as work project appropriations and shall not lapse at the end of the fiscal year, and shall continue to be available for expenditure until the project has been completed. The total cost is estimated at $500,000.00, and the tentative completion date is September 30, 2016.
Sec. 607. The appropriations in part 1 to the legislative branch, for automated data processing, shall be used to purchase equipment, software, and services in order to support and implement data processing requirements and technology improvements. These funds are designated as work project appropriations and shall not lapse at the end of the fiscal year, and shall continue to be available for expenditure until the project has been completed. The total cost is estimated at $500,000.00, and the tentative completion date is September 30, 2016.
Sec. 608. In addition to funds appropriated in part 1, the Michigan capitol committee publications save the flags fund account may accept contributions, gifts, bequests, devises, grants, and donations. Those funds that are not expended in the fiscal year ending September 30 shall not lapse at the close of the fiscal year, and shall be carried forward for expenditure in the following fiscal years.
LEGISLATIVE AUDITOR GENERAL
Sec. 620. Pursuant to section 53 of article IV of the state constitution of 1963, the auditor general shall conduct audits of the judicial branch. The audits may include the supreme court and its administrative units, the court of appeals, and trial courts.
Sec. 621. (1) The auditor general shall take all reasonable steps to ensure that certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities participate in the audits of the books, accounts, and financial affairs of each principal executive department, branch, institution, agency, and office of this state.
(2) The auditor general shall strongly encourage firms with which the auditor general contracts to perform audits of the principal executive departments and state agencies to subcontract with certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities.
(3) The auditor general shall compile an annual report regarding the number of contracts entered into with certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities. The auditor general shall deliver the report to the state budget director and the senate and house of representatives standing committees on appropriations subcommittees on general government by November 1 of each year.
Sec. 622. From the funds appropriated in part 1 to the legislative auditor general, the auditor general’s salary and the salaries of the remaining 2.0 FTE unclassified positions shall be set by the speaker of the house of representatives, the senate majority leader, the house of representatives minority leader, and the senate minority leader.
Sec. 623. Any audits, reviews, or investigations requested of the auditor general by the legislature or by legislative leadership, legislative committees, or individual legislators shall include an estimate of the additional costs involved and, when those costs exceed $50,000.00, should provide supplemental funding. The auditor general shall determine whether to perform those activities in keeping with Audit Directive No. 29, which describes the office of the auditor general’s policy on responding to legislative requests.
Sec. 624. Not later than December 31, 2011, the auditor general, in conjunction with the office of the state budget, shall submit a report regarding the feasibility of converting to a statewide single audit. The report shall be submitted to the senate and the house of representatives appropriation subcommittees on general government and the senate and house fiscal agencies. The report shall include an estimate of the cost savings or increase that would result from converting to a statewide single audit, an analysis of required statutory changes, the impact on legislative oversight, organizational changes necessary to provide centralized coordination, billing and funding structure changes, corrective action for known internal control weaknesses and prior single audit findings, and a recommendation regarding implementation of a statewide single audit.
Sec. 625. (1) In addition to amounts appropriated in part 1 for auditor general operations, there is appropriated for the fiscal year ending September 30, 2012 an amount not to exceed $905,000.00 from the unexpended and unencumbered balance of fiscal year 2010-2011 appropriations for the office of the auditor general.
(2) The funds appropriated in subsection (1) shall be made immediately available in fiscal year 2011-2012 and shall only be expended for the payment of the net economic cost increases of the legislative auditor general for fiscal year 2011-2012 as computed by the state budget office.
(3) Funds appropriated in subsection (1) that exceed the net economic cost increases of the legislative auditor general for fiscal year 2011-2012 as computed by the state budget office shall lapse to the general fund.
(4) Any unexpended and unencumbered balances at the end of fiscal year 2010-2011 that resulted from the legislative auditor general not completing mandated financial audits during fiscal year 2010-2011 shall not be appropriated in subsection (1).
DEPARTMENT OF STATE
Sec. 701. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $7,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 702. All funds made available by section 3171 of the insurance code of 1956, 1956 PA 218, MCL 500.3171, are appropriated and made available to the department of state to be expended only for the uses and purposes for which the funds are received as provided by sections 3171 to 3177 of the insurance code of 1956, 1956 PA 218, MCL 500.3171 to 500.3177.
Sec. 703. From the funds appropriated in part 1, the department of state shall sell copies of records including, but not limited to, records of motor vehicles, off-road vehicles, snowmobiles, watercraft, mobile homes, personal identification cardholders, drivers, and boat operators and shall charge $7.00 per record sold only as authorized in section 208b of the Michigan vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222, MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue received from the sale of records shall be credited to the transportation administration collection fund created under section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.
Sec. 704. From the funds appropriated in part 1, the secretary of state may enter into agreements with the department of corrections for the manufacture of vehicle registration plates 15 months before the registration year in which the registration plates will be used.
Sec. 705. (1) The department of state may accept gifts, donations, contributions, and grants of money and other property from any private or public source to underwrite, in whole or in part, the cost of a departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. A private or public funding source may receive written recognition in the publication and may furnish a traffic safety message, subject to departmental approval, for inclusion in the publication. The department may reject a gift, donation, contribution, or grant. The department may furnish copies of a publication underwritten, in whole or in part, by a private source to the underwriter at no charge.
(2) The department of state may sell and accept paid advertising for placement in a departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. The department may charge and receive a fee for any advertisement appearing in a departmental publication and shall review and approve the content of each advertisement. The department may refuse to accept advertising from any person or organization. The department may furnish a reasonable number of copies of a publication to an advertiser at no charge.
(3) Pending expenditure, the funds received under this section shall be deposited in the Michigan department of state publications fund created by section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211. Funds given, donated, or contributed to the department from a private source are appropriated and allocated for the purpose for which the revenue is furnished. Funds granted to the department from a public source are allocated and may be expended upon receipt. The department shall not accept a gift, donation, contribution, or grant if receipt is conditioned upon a commitment of state funding at a future date. Revenue received from the sale of advertising is appropriated and may be expended upon receipt.
(4) Any unexpended revenues received under this section shall be carried over into subsequent fiscal years and shall be available for appropriation for the purposes described in this section.
(5) On March 1 of each year, the department of state shall file a report with the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall include all of the following information:
(a) The amount of gifts, contributions, donations, and grants of money received by the department under this section for the prior fiscal year.
(b) A listing of the expenditures made from the amounts received by the department as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, or grant of property other than funding received by the department under this section for the prior year.
(d) The total revenue received from the sale of paid advertising accepted under this section and a statement of the total number of advertising transactions.
(6) In addition to copies delivered without charge as the secretary of state considers necessary, the department of state may sell copies of manuals and other publications regarding the sale, ownership, or operation or regulation of motor vehicles, with amendments, at prices to be established by the secretary of state. As used in this subsection, the term “manuals and other publications” includes videos and proprietary electronic publications. All funds received from sales of these manuals and other publications shall be credited to the Michigan department of state publications fund.
Sec. 707. Funds collected by the department of state under section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211, are appropriated for all expenses necessary to provide for the costs of the publication. Funds are allotted for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.
Sec. 708. From the funds appropriated in part 1, the department of state shall use available balances at the end of the state fiscal year to provide payment to the department of state police in the amount of $332,000.00 for the services provided by the traffic accident records program as first appropriated in 1990 PA 196 and 1990 PA 208.
Sec. 709. From the funds appropriated in part 1, the department of state may restrict funds from miscellaneous revenue to cover cash shortages created from normal branch office operations. This amount shall not exceed $50,000.00 of the total funds available in miscellaneous revenue.
Sec. 710. (1) Commemorative and specialty license plate fee revenue collected by the department of state and deposited into the transportation administration collection fund is authorized for expenditure up to the amount of revenue collected but not to exceed the amount appropriated to the department of state in part 1 to administer commemorative and specialty license plate programs.
(2) Commemorative and specialty license plate fee revenue collected by the department of state and deposited in the transportation administration collection fund, in addition to the amount appropriated in part 1 to the department of state, shall remain in the transportation administration collection fund and be available for future appropriation.
Sec. 711. (1) Collector plate and fund-raising registration plate revenues collected by the department of state are appropriated and allotted for distribution to the recipient university or public or private agency overseeing a state-sponsored goal when received. Distributions shall occur on a quarterly basis or as otherwise authorized by law. Any revenues remaining at the end of the fiscal year shall not lapse to the general fund but shall remain available for distribution to the university or agency in the next fiscal year.
(2) Funds or revenues in the Olympic education training center fund are appropriated for distribution to the Olympic education training center at Northern Michigan University. Distributions shall occur on a quarterly basis. Any undistributed revenue remaining at the end of the fiscal year shall be carried over into the next fiscal year.
Sec. 712. The department of state may produce and sell copies of a training video designed to inform registered automotive repair facilities of their obligations under Michigan law. The price shall not exceed the cost of production and distribution. The money received from the sale of training videos shall revert to the department of state and be placed in the auto repair facility account.
Sec. 713. (1) The department of state, in collaboration with the gift of life transplantation society or its successor federally designated organ procurement organization, may develop and administer a public information campaign concerning the Michigan organ donor program.
(2) The department may solicit funds from any private or public source to underwrite, in whole or in part, the public information campaign authorized by this section. The department may accept gifts, donations, contributions, and grants of money and other property from private and public sources for this purpose. A private or public funding source underwriting the public information campaign, in whole or in substantial part, shall receive sponsorship credit for its financial backing.
(3) Funds received under this section, including grants from state and federal agencies, shall not lapse to the general fund at the end of the fiscal year but shall remain available for expenditure for the purposes described in this section.
(4) Funding appropriated in part 1 for the organ donor program shall be used for producing a pamphlet to be distributed with driver licenses and personal identification cards regarding organ donations. The funds shall be used to update and print a pamphlet that will explain the organ donor program and encourage people to become donors by marking a checkoff on driver license and personal identification card applications.
(5) The pamphlet shall include a return reply form addressed to the gift of life organization. Funding appropriated in part 1 for the organ donor program shall be used to pay for return postage costs.
(6) In addition to the appropriations in part 1, the department of state may receive and expend funds from the organ and tissue donation education fund for administrative expenses.
Sec. 714. At least 180 days before closing or consolidating a branch office and at least 60 days before relocating a branch office, the department of state shall inform members of the senate and house of representatives standing committees on appropriations and legislators who represent affected areas regarding the details of the proposal. The information provided shall be in written form and include all analyses done regarding criteria for changes in the location of branch offices, including, but not limited to, branch transactions, revenue, and the impact on citizens of the affected area. The impact on citizens shall include information regarding additional distance to branch office locations resulting from the plan. The written notice provided by the department of state shall also include detailed estimates of costs and savings that will result from the overall changes made to the branch office structure and the same level of detail regarding costs for new leased facilities and expansions of current leased space.
Sec. 715. (1) Any service assessment collected by the department of state from the user of a credit or debit card under section 3 of 1995 PA 144, MCL 11.23, may be used by the department for necessary expenses related to that service and may be remitted to a credit or debit card company, bank, or other financial institution.
(2) The service assessment imposed by the department of state for credit and debit card services may be based either on a percentage of each individual credit or debit card transaction, or on a flat rate per transaction, or both, scaled to the amount of the transaction. However, the department shall not charge any amount for a service assessment which exceeds the costs billable to the department for service assessments.
(3) If there is a balance of service assessments received from credit and debit card services remaining on September 30, the balance may be carried forward to the following fiscal year and appropriated for the same purpose.
(4) As used in this section, “service assessment” means and includes costs associated with service fees imposed by credit and debit card companies and processing fees imposed by banks and other financial institutions.
Sec. 716b. The department of state shall provide a report that calculates the total amount of funds expended for the business application modernization project to date from the inception of the program. The report shall contain information on the original start and completion dates for the project, the original cost to complete the project, and a listing of all revisions to project completion dates and costs. The report shall include the total amount of funds paid to the state by the contract provider for penalties. The report shall be submitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director by January 1.
Sec. 717. (1) The department of state may accept nonmonetary gifts, donations, or contributions of property from any private or public source to support, in whole or in part, the operation of a departmental function relating to licensing, regulation, or safety. The department may recognize a private or public contributor for making the contribution. The department may reject a gift, donation, or contribution.
(2) The department of state shall not accept a gift, donation, or contribution under subsection (1) if receipt of the gift, donation, or contribution is conditioned upon a commitment of future state funding.
(3) On March 1 of each year, the department of state shall file a report with the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall list any gift, donation, or contribution received by the department under subsection (1) for the prior calendar year.
Sec. 718. From the funds appropriated in part 1 to the department of state, branch operations, the department shall maintain a full service secretary of state branch office in Buena Vista Township.
Sec. 719. From the funds appropriated in part 1 for the department of state, the department shall first use restricted funding for expenditures, when available for that purpose, before using general fund dollars.
Sec. 721. From the funds appropriated in part 1, the department of state may collect ATM commission fees from companies that have ATMs located in secretary of state branch offices. The commission received from the use of these ATMs shall be credited to the transportation administration collection fund created under section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET
Sec. 801. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $4,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $8,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $150,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 802. Proceeds in excess of necessary costs incurred in the conduct of transfers or auctions of state surplus, salvage, or scrap property made pursuant to section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are appropriated to the department of technology, management, and budget to offset costs incurred in the acquisition and distribution of federal surplus property. The department of technology, management, and budget shall provide consolidated internet auction services through the state’s contractors for all local units of government.
Sec. 803. (1) The department of technology, management, and budget may receive and expend funds in addition to those authorized by part 1 for maintenance and operation services provided specifically to other principal executive departments or state agencies, the legislative branch, the judicial branch, or private tenants, or provided in connection with facilities transferred to the operational jurisdiction of the department of technology, management, and budget.
(2) The department of technology, management, and budget may receive and expend funds in addition to those authorized by part 1 for real estate, architectural, design, and engineering services provided specifically to other principal executive departments or state agencies, the legislative branch, or the judicial branch.
(3) The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for mail pickup and delivery services provided specifically to other principal executive departments and state agencies, the legislative branch, or the judicial branch.
(4) The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for purchasing services provided specifically to other principal executive departments and state agencies, the legislative branch, or the judicial branch.
(5) The department of technology, management, and budget may not expend funds for the purchase of new office furniture for principal executive departments and state agencies, the legislative branch, or the judicial branch without first examining the possibility of using existing inventory that can be reused or refurbished. The department of technology, management, and budget may utilize its existing refurbished open space office furniture, lateral files, design and installation services statewide contract to work with a vendor that specializes in inventory management and product reutilization and that is not a seller of new furniture to the state of Michigan to supplement any additional office furniture needs.
Sec. 804. (1) The source of financing in part 1 for statewide appropriations shall be funded by assessments against longevity and insurance appropriations throughout state government in a manner prescribed by the department of technology, management, and budget. Funds shall be used as specified in joint labor/management agreements or through the coordinated compensation hearings process. Any deposits made under this subsection and any unencumbered funds are restricted revenues, may be carried over into the succeeding fiscal years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for statewide appropriations, the department of technology, management, and budget may receive and expend funds in such additional amounts as may be specified in joint labor/management agreements or through the coordinated compensation hearings process in the same manner and subject to the same conditions as prescribed in subsection (1).
Sec. 805. To the extent a specific appropriation is required for a detailed source of financing included in part 1 for the department of technology, management, and budget appropriations financed from special revenue and internal service and pension trust funds, or MAIN user charges, the specific amounts are appropriated within the special revenue internal service and pension trust funds in portions not to exceed the aggregate amount appropriated in part 1.
Sec. 806. In addition to the funds appropriated in part 1 to the department of technology, management, and budget, the department may receive and expend funds from other principal executive departments and state agencies to implement administrative leave bank transfer provisions as may be specified in joint labor/management agreements. The amounts may also be transferred to other principal executive departments and state agencies under the joint agreement and any amounts transferred under the joint agreement are authorized for receipt and expenditure by the receiving principal executive department or state agency. Any amounts received by the department of technology, management, and budget under this section and intended, under the joint labor/management agreements, to be available for use beyond the close of the fiscal year and any unencumbered funds may be carried over into the succeeding fiscal year.
Sec. 807. The source of financing in part 1 for the Michigan administrative information network shall be funded by proportionate charges assessed against the respective state funds benefiting from this project in the amounts determined by the department.
Sec. 808. (1) Deposits against the interdepartmental grant from building occupancy and parking charges appropriated in part 1 shall be collected, in part, from state agencies, the legislative branch, and the judicial branch based on estimated costs associated with maintenance and operation of buildings managed by the department of technology, management, and budget. To the extent excess revenues are collected due to estimates of building occupancy charges exceeding actual costs, the excess revenues may be carried forward into succeeding fiscal years for the purpose of returning funds to state agencies.
(2) Appropriations in part 1 to the department of technology, management, and budget, for management and budget services from building occupancy charges and parking charges, may be increased to return excess revenue collected to state agencies.
Sec. 809. The department of technology, management, and budget shall notify the chairpersons of the senate and house of representatives standing committees on appropriations and the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government on any revisions that increase or decrease current contracts by more than $500,000.00 for computer software development, hardware acquisition, or quality assurance at least 14 days before the department of technology, management, and budget finalizes the revisions.
Sec. 810. The department of technology, management, and budget shall maintain an Internet website that contains notice of all invitations for bids and requests for proposals over $50,000.00 issued by the department or by any state agency operating under delegated authority. The department shall not accept an invitation for bid or request for proposal in less than 14 days after the notice is made available on the Internet website, except in situations where it would be in the best interest of the state and documented by the department. In addition to the requirements of this section, the department may advertise the invitations for bids and requests for proposals in any manner the department determines appropriate, in order to give the greatest number of individuals and businesses the opportunity to make bids or requests for proposals.
Sec. 811. The department of technology, management, and budget may receive and expend funds from the Vietnam veterans memorial monument fund as provided in the Michigan Vietnam veterans memorial act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated when received and may be expended upon receipt.
Sec. 812. The Michigan veterans’ memorial park commission may receive and expend money from any source, public or private, including, but not limited to, gifts, grants, donations of money, and government appropriations, for the purposes described in Executive Order No. 2001-10. Funds are appropriated and allocated when received and may be expended upon receipt. Any deposits made under this section and unencumbered funds are restricted revenues and may be carried over into succeeding fiscal years.
Sec. 813. (1) Funds in part 1 for motor vehicle fleet are appropriated to the department of technology, management, and budget for administration and for the acquisition, lease, operation, maintenance, repair, replacement, and disposal of state motor vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall be funded by revenue from rates charged to principal executive departments and agencies for utilizing vehicle travel services provided by the department. Revenue in excess of the amount appropriated in part 1 from the motor transport fund and any unencumbered funds are restricted revenues and may be carried over into the succeeding fiscal year.
(3) Pursuant to the department of technology, management, and budget’s authority under sections 213 and 215 of the management and budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department shall maintain a plan regarding the operation of the motor vehicle fleet. The plan shall include the number of vehicles assigned to, or authorized for use by, state departments and agencies, efforts to reduce vehicle expenditures, the number of cars in the motor vehicle fleet, the number of miles driven by fleet vehicles, and the number of gallons of fuel consumed by fleet vehicles. The plan shall include a calculation of the amount of state motor vehicle fuel taxes that would have been incurred by fleet vehicles if fleet vehicles were required by law to pay motor fuel taxes. The plan shall include a description of fleet garage operations, the goods sold and services provided by the fleet garage, the cost to operate the fleet garage, the number of fleet garage locations, and the number of employees assigned to each fleet garage. The plan may be adjusted during the fiscal year based on needs and cost savings to achieve the maximum value and efficiency from the state motor fleet. Within 60 days after the close of the fiscal year, the department shall provide a report to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies detailing the current plan and changes made to the plan during the fiscal year.
(4) The department of technology, management, and budget may charge state agencies for fuel cost increases that exceed $2.27 per gallon of unleaded gasoline. The department shall notify state agencies, in writing or by electronic mail, at least 30 days before implementing additional charges for fuel cost increases. Revenues received from these charges are appropriated upon receipt.
(5) In order to reduce costs and maintain quality, it is the intent of the legislature that, excluding the fleet of motor vehicles for the department of state police, when economically feasible, the department of technology, management, and budget will prioritize the utilization of remanufactured parts as the primary means of maintenance and repair for the state of Michigan’s fleet of motor vehicles.
Sec. 817. The department of technology, management, and budget may require that any vendor or subcontractor providing call or contact center services to the state of Michigan disclose to inbound callers the location from which the call or contact center services are being provided.
Sec. 818. In addition to the funds appropriated in part 1, the department of technology, management, and budget may receive and expend money from the Michigan law enforcement officers memorial monument fund as provided in the Michigan law enforcement officers memorial act, 2004 PA 177, MCL 28.781 to 28.787.
Sec. 819. In addition to the funds appropriated in part 1, the department of technology, management, and budget may receive and expend money from the Ronald Wilson Reagan memorial monument fund as provided in the Ronald Wilson Reagan memorial monument fund commission act, 2004 PA 489, MCL 399.261 to 399.266.
Sec. 820. The department shall make available to the public a list of all parcels of real property owned by the state that are available for purchase. The list shall be posted on the Internet through the department’s website.
Sec. 822. The department of technology, management, and budget shall compile a report by January 1 pertaining to the salaries of unclassified employees, as well as gubernatorial appointees, within all state departments and agencies. The report shall enumerate each unclassified employee and gubernatorial appointee and his or her annual salary individually. The report shall be distributed to the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, as well as the senate and house fiscal agencies.
Sec. 822a. The department shall submit a report regarding the feasibility of privatizing the administration of the state lottery. The report shall include an estimate of the cost savings or increase that would result from privatizing the administration of the state lottery, an analysis of required statutory changes, and any other issues that need to be addressed. The report shall be submitted to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office. The report shall be submitted not later than April 1.
INFORMATION TECHNOLOGY
Sec. 823. (1) The department of technology, management, and budget may sell and accept paid advertising for placement on any state website under its jurisdiction. The department shall review and approve the content of each advertisement. The department may refuse to accept advertising from any person or organization or require modification to advertisements based upon criteria determined by the department. Revenue received under this subsection shall be used for operating costs of the department and for future technology enhancements to state of Michigan e-government initiatives. Funds received under this subsection shall be limited to $250,000.00. Any funds in excess of $250,000.00 shall be deposited in the state general fund.
(2) The department of technology, management, and budget may accept gifts, donations, contributions, bequests, and grants of money from any public or private source to assist with the underwriting or sponsorship of state webpages or services offered on those webpages. A private or public funding source may receive recognition in the webpage. The department of technology, management, and budget may reject any gift, donation, contribution, bequest, or grant.
(3) Funds accepted by the department of technology, management, and budget under subsection (1) are appropriated and allotted when received and may be expended upon approval of the state budget director. The state budget office shall notify the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies within 10 days after the approval is given.
(4) By April 1, the department of technology, management, and budget shall report to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies that a statement of the total revenue received from the sale of paid advertising accepted under this section and a statement of the total number of advertising transactions are available on the department’s website.
Sec. 824. The department of technology, management, and budget may enter into agreements to supply spatial information and technical services to other principal executive departments, state agencies, local units of government, and other organizations. The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for providing information and technical services, publications, maps, and other products. The department of technology, management, and budget may expend amounts received for salaries, supplies, and equipment necessary to provide informational products and technical services. Prior to December 1 of each year, the department shall provide a report to the senate and house of representatives standing committees on appropriations subcommittees on general government, detailing the sources of funding and expenditures made under this section.
Sec. 825. The legislature shall have access to all historical and current data contained within MAIN pertaining to state departments. State departments shall have access to all historical and current data contained within MAIN.
Sec. 826. When used in this article, “information technology services” means services involving all aspects of managing and processing information, including, but not limited to, all of the following:
(a) Application development and maintenance.
(b) Desktop computer support and management.
(c) Mainframe computer support and management.
(d) Server support and management.
(e) Local area network support and management, including, but not limited to, wireless networking.
(f) Information technology project management.
(g) Information technology planning and budget management.
(h) Telecommunication services, security, infrastructure, and support.
Sec. 827. (1) Funds appropriated in part 1 for the Michigan public safety communications system shall be expended upon approval of an expenditure plan by the state budget director.
(2) The department of technology, management, and budget shall assess all subscribers of the Michigan public safety communications system reasonable access and maintenance fees.
(3) All money received by the department of technology, management, and budget under this section shall be expended for the support and maintenance of the Michigan public safety communications system.
(4) The department of technology, management, and budget shall provide a report to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director on April 15 and on October 15, indicating the amount of revenue collected under this section and expended for support and maintenance of the Michigan public safety communications system for the immediately preceding 6-month period. Any deposits made under this section and unencumbered funds are restricted revenues and may be carried forward into succeeding fiscal years.
Sec. 828. The department of technology, management, and budget shall submit a report for the immediately preceding fiscal year ending September 30 to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies by March 1. The report shall include the following:
(a) The total amount of funding appropriated for information technology services and projects, by funding source, for all principal executive departments and agencies.
(b) A listing of the expenditures made from the amounts received by the department of technology, management, and budget as reported in subdivision (a).
Sec. 829. The department of technology, management, and budget shall provide a report that analyzes and makes recommendations on the life-cycle of information technology hardware and software. The report shall be submitted to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies by March 1.
Sec. 830. By December 31, the department shall provide a report that lists all information technology-related change orders and follow-on contracts, greater than $50,000.00, whether they are bid, exercise options, or no-bid, and the amount of each change order or contract extension contract entered into by the department to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director.
Sec. 832. The department shall provide a report that calculates the total amount of funds expended for the child support enforcement system to date from the inception of the program. The report shall contain information on the original start and completion dates for the project, the original cost to complete the project, and a listing of all revisions to project completion dates and costs. The report shall include the total amount of funds paid to the federal government for penalties. The report shall be submitted to the senate and house of representatives standing committees on government operations, the senate and house of representatives standing committees on appropriations subcommittees on general government, and the senate and house fiscal agencies by January 1.
Sec. 833. (1) The state budget director, upon notification to the senate and house of representatives standing committees on appropriations, may adjust spending authorization and user fees in the department of technology, management, and budget budget in order to ensure that the appropriations for information technology in the department budget equal the appropriations for information technology in the budgets for all executive branch agencies.
(2) If during the course of the fiscal year a transfer or supplemental to or from the information technology line item within an agency budget is made under section 393 of the management and budget act, 1984 PA 431, MCL 18.1393, there is appropriated an equal amount of user fees in the department of technology, management, and budget budget to accommodate an increase or decrease in spending authorization.
Sec. 834. (1) Revenue collected from licenses issued under the antenna site management project shall be deposited into the antenna site management revolving fund created for this purpose in the department of technology, management, and budget. The department may receive and expend money from the fund for costs associated with the antenna site management project, including the cost of a third-party site manager. Any excess revenue remaining in the fund at the close of the fiscal year shall be proportionately transferred to the appropriate state restricted funds as designated in statute or by constitution.
(2) An antenna shall not be placed on any site pursuant to this section without complying with the respective local zoning codes and local unit of government processes.
Sec. 835. In addition to the funds appropriated in part 1, the funds collected by the department for supplying census-related information and technical services, publications, statistical studies, population projections and estimates, and other demographic products area appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year.
STATE BUILDING AUTHORITY
Sec. 840. (1) Subject to section 242 of the management and budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the state building authority, the department may expend from the general fund of the state during the fiscal year an amount to meet the cash flow requirements of those state building authority projects solely for lease to a state agency identified in both part 1 and this section, and for which state building authority bonds or notes have not been issued, and for the sole acquisition by the state building authority of equipment and furnishings for lease to a state agency as permitted by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of bonds or notes is authorized by a legislative concurrent resolution that is effective for the fiscal year ending September 30, 2012. Any general fund advances for which state building authority bonds have not been issued shall bear an interest cost to the state building authority at a rate not to exceed that earned by the state treasurer’s common cash fund during the period in which the advances are outstanding and are repaid to the general fund of the state.
(2) Upon sale of bonds or notes for the projects identified in part 1 or for equipment as authorized by legislative concurrent resolution and in this section, the state building authority shall credit the general fund of the state an amount equal to that expended from the general fund plus interest, if any, as defined in this section.
(3) For state building authority projects for which bonds or notes have been issued and upon the request of the state building authority, the state treasurer shall make advances without interest from the general fund as necessary to meet cash flow requirements for the projects, which advances shall be reimbursed by the state building authority when the investments earmarked for the financing of the projects mature.
(4) In the event that a project identified in part 1 is terminated after final design is complete, advances made on behalf of the state building authority for the costs of final design shall be repaid to the general fund in a manner recommended by the director and approved by the JCOS.
Sec. 841. (1) State building authority funding to finance construction or renovation of a facility that collects revenue in excess of money required for the operation of that facility shall not be released to a university or community college unless the institution agrees to reimburse that excess revenue to the state building authority. The excess revenue shall be credited to the general fund to offset rent obligations associated with the retirement of bonds issued for that facility. The auditor general shall annually identify and present an audit of those facilities that are subject to this section. Costs associated with the administration of the audit shall be charged against money recovered pursuant to this section.
(2) As used in this section, “revenue” includes state appropriations, facility opening money, other state aid, indirect cost reimbursement, and other revenue generated by the activities of the facility.
Sec. 842. (1) The state building authority rent appropriations in part 1 may also be expended for the payment of required premiums for insurance on facilities owned by the state building authority or payment of costs that may be incurred as the result of any deductible provisions in such insurance policies.
(2) If the amount appropriated in part 1 for state building authority rent is not sufficient to pay the rent obligations and insurance premiums and deductibles identified in subsection (1) for state building authority projects, there is appropriated from the general fund of the state the amount necessary to pay such obligations.
Sec. 843. The state building authority shall provide to the JCOS, state budget director, and senate and house fiscal agencies a report relative to the status of construction projects associated with state building authority bonds as of September 30 of each year, on or before October 15, or not more than 30 days after a refinancing or restructuring bond issue is sold. The report shall include, but is not limited to, the following:
(a) A list of all completed construction projects for which state building authority bonds have been sold, and which bonds are currently active.
(b) A list of all projects under construction for which sale of state building authority bonds is pending.
(c) A list of all projects authorized for construction or identified in an appropriations act for which approval of schematic/ preliminary plans or total authorized cost is pending that have state building authority bonds identified as a source of financing.
CIVIL SERVICE
Sec. 850. (1) In accordance with section 5 of article XI of the state constitution of 1963, all restricted funds shall be assessed a sum not less than 1% of the total aggregate payroll paid from those funds for financing the civil service commission on the basis of actual 1% restricted sources total aggregate payroll of the classified service for the fiscal year 2011. This includes, but is not limited to, restricted funds appropriated in part 1 of any appropriations act. Unexpended 1% appropriated funds shall be returned to each 1% fund source at the end of the fiscal year.
(2) The appropriations in part 1 are estimates of actual charges based on payroll appropriations. With the approval of the state budget director, the commission is authorized to adjust financing sources for civil service charges based on actual payroll expenditures, provided that such adjustments do not increase the total appropriation for the civil service commission.
(3) The financing from restricted sources shall be credited to the civil service commission by the end of the second fiscal quarter.
Sec. 851. Except where specifically appropriated for this purpose, financing from restricted sources shall be credited to the civil service commission. For restricted sources of funding within the general fund that have the legislative authority for carryover, if current spending authorization or revenues are insufficient to accept the charge, the shortage shall be taken from carryforward balances of that funding source. Restricted revenue sources that do not have carryforward authority shall be utilized to satisfy commission operating deducts first and civil service obligations second. General fund dollars are appropriated for any shortfall, pursuant to approval by the state budget director.
Sec. 852. The appropriation in part 1 to the civil service commission, for state-sponsored group insurance, flexible spending accounts, and COBRA, represents amounts, in part, included within the various appropriations throughout state government for the current fiscal year to fund the flexible spending account program included within the civil service commission. Deposits against state-sponsored group insurance, flexible spending accounts, and COBRA for the flexible spending account program shall be made from assessments levied during the current fiscal year in a manner prescribed by the civil service commission. Unspent employee contributions to the flexible spending accounts may be used to offset administrative costs for the flexible spending account program, with any remaining balance of unspent employee contributions to be lapsed to the general fund.
CAPITAL OUTLAY
Sec. 860. As used in sections 861 through 865:
(a) “Board” means the state administrative board.
(b) “Community college” does not include a state agency or university.
(c) “Department” means the department of technology, management, and budget.
(d) “Director” means the director of the department of technology, management, and budget.
(e) “Fiscal agencies” means the senate fiscal agency and the house fiscal agency.
(f) “State agency” means an agency of state government. State agency does not include a community college or university.
(g) “State building authority” means the authority created under 1964 PA 183, MCL 830.411 to 830.425.
(h) “University” means a 4-year university supported by the state. University does not include a community college or a state agency.
Sec. 861. Each capital outlay project authorized in this article or any previous capital outlay act shall comply with the procedures required by the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 862. (1) The department shall provide the JCOS, state budget director, and the senate and house fiscal agencies with reports as considered necessary relative to the status of each planning or construction project financed by the state building authority, by this article, or by previous acts.
(2) Before the end of each fiscal year, the department shall report to the JCOS, state budget director, and the senate and house fiscal agencies for each capital outlay project other than lump sums all of the following:
(a) The account number and name of each construction project.
(b) The balance remaining in each account.
(c) The date of the last expenditure from the account.
(d) The anticipated date of occupancy if the project is under construction.
(e) The appropriations history for the project.
(f) The professional service contractor.
(g) The amount of the project financed with federal funds.
(h) The amount of the project financed through the state building authority.
(i) The total authorized cost for the project and the state authorized share if different than the total.
(3) Before the end of each fiscal year, the department shall report the following for each project by a state agency, university, or community college that is authorized for planning but is not yet authorized for construction:
(a) The name of the project and account number.
(b) Whether a program statement is approved.
(c) Whether schematics are approved by the department.
(d) Whether preliminary plans are approved by the department.
(e) The name of the professional service contractor.
(4) As used in this section, “project” includes appropriation line items made for purchase of real estate.
Sec. 863. (1) The director of the department of technology, management, and budget shall allocate lump-sum appropriations made in this article consistent with statutory provisions and the purposes for which funds were appropriated. Lump-sum allocations shall address priority program or facility needs and may include, but are not limited to, design, construction, remodeling and addition, special maintenance, major special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds appropriated for lump-sum appropriations shall be available for no more than 3 fiscal years following the fiscal year in which the original appropriation was made. Any remaining balance from allocations made in this section shall lapse to the fund from which it was appropriated pursuant to the lapsing of funds as provided in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 864. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
Sec. 865. (1) A site preparation economic development fund is created in the department of technology, management, and budget. As used in this section, “economic development sites” means those state-owned sites declared as surplus property pursuant to section 251 of the management and budget act, 1984 PA 431, MCL 18.1251, that would provide economic benefit to the area or to the state. The Michigan economic development corporation board and the state budget director shall determine whether or not a specific state-owned site qualifies for inclusion in the fund created under this subsection.
(2) Proceeds from the sale of any sites designated in subsection (1) shall be deposited into the fund created in subsection (1) and shall be available for site preparation expenditures, unless otherwise provided by law. The economic development sites authorized in subsection (1) are authorized for sale consistent with state law. Expenditures from the fund are authorized for site preparation activities that enhance the marketable sale value of the sites. Site preparation activities include, but are not limited to, demolition, environmental studies and abatement, utility enhancement, and site excavation.
(3) A cash advance in an amount of not more than $25,000,000.00 is authorized from the general fund to the site preparation economic development fund.
(4) An annual report shall be transmitted to the senate and house of representatives standing committees on appropriations not later than December 31 of each year. This report shall detail both of the following:
(a) The revenue and expenditure activity in the fund for the preceding fiscal year.
(b) The sites identified as economic development sites under subsection (1).
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 870. A statement of a proposed facility’s operating cost shall be included with the facility’s program statement and planning documents when the plans are presented to JCOS for approval.
Sec. 871. (1) Before proceeding with final planning and construction for projects at community colleges and universities included in an appropriations act, the community college or university shall sign an agreement with the department that includes the following provisions:
(a) The university or community college agrees to construct the project within the total authorized cost established by the legislature pursuant to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, and an appropriations act.
(b) The design and program scope of the project shall not deviate from the design and program scope represented in the program statement and preliminary planning documents approved by the department.
(c) Any other items as identified by the department that are necessary to complete the project.
(2) The department retains the authority and responsibility normally associated with the prudent maintenance of the public’s financial and policy interests relative to the state-financed construction projects managed by a community college or university.
Sec. 872. A state agency, community college, or university shall take steps necessary to make available federal and other money indicated in this article, to make available federal or other money that may become available for the purposes for which appropriations are made in this article, and to use any part or all of the appropriations to meet matching requirements that are considered to be in the best interest of this state. However, the purpose, scope, and total estimated cost of a project shall not be altered to meet the matching requirements. Any federal matching revenues received to support the construction of the project shall be applied to the total authorized project cost, with the state and community college or university financing shares proportionately adjusted.
Sec. 873. (1) This section applies only to projects for community colleges.
(2) State support is directed towards the remodeling and additions, special maintenance, or construction of certain community college buildings. The community college shall obtain or provide for site acquisition and initial main utility installation to operate the facility. Funding shall be composed of local and state shares and not more than 50% of a capital outlay project, not including a lump-sum special maintenance project or remodeling and addition project, for a community college shall be appropriated from state and federal funds, unless otherwise appropriated by the legislature.
(3) An expenditure under this article is authorized when the release of the appropriation is approved by the board upon the recommendation of the director. The director may recommend to the board the release of any appropriation in part 1 only after the director is assured that the legal entity operating the community college to which the appropriation is made has complied with this article and has matched the amounts appropriated as required by this article. A release of funds in part 1 shall not exceed 50% of the total cost of planning and construction of any project, not including lump-sum remodeling and additions and special maintenance, unless otherwise appropriated by the legislature. Further planning and construction of a project authorized by this article or applicable sections of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, shall be in accordance with the purpose and scope as defined and delineated in the approved program statements and planning documents. This article is applicable to all projects for which planning appropriations were made in previous acts.
(4) The community college shall take the steps necessary to secure available federal construction and equipment money for projects funded for construction in this article if an application was not previously made. If there is a reasonable expectation that a prior year unfunded application may receive federal money in a subsequent year, the college shall take whatever action necessary to keep the application active.
Sec. 874. If university and community college matching revenues are received in an amount less than the appropriations for capital projects contained in this article, the state funds shall be reduced in proportion to the amount of matching revenue received.
Sec. 875. (1) The director may require that community colleges and universities that have an authorized project listed in part 1 submit documentation regarding the project match and governing board approval of the authorized project not more than 60 days after the beginning of the fiscal year.
(2) If the documentation required by the director under subsection (1) is not submitted, or does not adequately authenticate the availability of the project match or board approval of the authorized project, the authorization may terminate. The authorization terminates 30 days after the director notifies the JCOS of the intent to terminate the project unless the JCOS convenes to extend the authorization.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 901. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 902. (1) Amounts needed to pay for interest, fees, principal, mandatory and optional redemptions, arbitrage rebates as required by federal law, and costs associated with the payment, registration, trustee services, credit enhancements, and issuing costs in excess of the amount appropriated to the department of treasury in part 1 for debt service on notes and bonds that are issued by the state under sections 14, 15, and 16 of article IX of the state constitution of 1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department of treasury for debt service in part 1, there is appropriated an amount for fiscal year cash-flow borrowing costs to pay for interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to 12.53.
(3) In addition to the amount appropriated to the department of treasury for debt service in part 1, there is appropriated all repayments received by the state on loans made from the school bond loan fund not required to be deposited in the school loan revolving fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to the extent determined by the state treasurer, for the payment of debt service, including, without limitation, optional and mandatory redemptions, on bonds, notes or commercial paper issued by the state pursuant to 1961 PA 112, MCL 388.981 to 388.985.
Sec. 902a. The department of treasury shall notify the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office not more than 30 days after a refunding or restructuring bond issue is sold. The notification shall compare the annual debt service prior to the refinancing or restructuring, the annual debt service after the refinancing or restructuring, the change in the principal and interest over the duration of the debt, and the projected change in the present value of the debt service due to the refinancing and restructuring.
Sec. 903. (1) From the funds appropriated in part 1, the department of treasury may contract with private collection agencies and law firms to collect taxes and other accounts due this state. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund collection costs and fees not to exceed 25% of the collections or 2.5% plus operating costs, whichever amount is prescribed by each contract. The appropriation to fund collection costs and fees for the collection of taxes or other accounts due this state are from the fund or account to which the revenues being collected are recorded or dedicated. However, if the taxes collected are constitutionally dedicated for a specific purpose, the appropriation of collection costs and fees are from the general purpose account of the general fund.
(2) From the funds appropriated in part 1, the department of treasury may contract with private collections agencies and law firms to collect defaulted student loans and other accounts due the Michigan guaranty agency. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund collection costs and fees not to exceed 24.34% of the collection or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of defaulted student loans due the Michigan guaranty agency is from the fund or account to which the revenues being collected are recorded or dedicated.
(3) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the agencies or law firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued.
Sec. 904. (1) The department of treasury, through its bureau of investments, may charge an investment service fee against the applicable retirement funds. The fees may be expended for necessary salaries, wages, contractual services, supplies, materials, equipment, travel, worker’s compensation insurance premiums, and grants to the civil service commission and state employees’ retirement funds. Service fees shall not exceed the aggregate amount appropriated in part 1. The department of treasury shall maintain accounting records in sufficient detail to enable the retirement funds to be reimbursed periodically for fee revenue that is determined by the department of treasury to be surplus.
(2) In addition to the funds appropriated in part 1 from the retirement funds to the department of treasury, there is appropriated from retirement funds an amount sufficient to pay for the services of money managers, investment advisors, investment consultants, custodians, and other outside professionals, the state treasurer considers necessary to prudently manage the retirement funds’ investment portfolios. The state treasurer shall report annually to the senate and house of representatives standing committees on appropriations and the state budget office concerning the performance of each portfolio by investment advisor.
Sec. 904a. (1) There is appropriated an amount sufficient to recognize and pay expenditures for financial services provided by financial institutions as provided under section 1 of 1861 PA 111, MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by restricting revenues from common cash interest earnings and investment earnings in an amount sufficient to record these expenditures.
Sec. 906. (1) The department of treasury shall charge for audits as permitted by state or federal law or under contractual arrangements with local units of government, other principal executive departments, or state agencies. A report detailing audits performed and audit charges for the immediately preceding fiscal year shall be submitted to the state budget director and the senate and house fiscal agencies not later than November 30.
(2) The appropriation in part 1 to the department of treasury, for state compliance audits, shall be used to cover the cost of the state audits performed by independent certified public accountants or department of treasury auditors. The scope of the state audit shall be defined by the state treasurer. The state audits shall be performed by independent certified public accountants contracted with by the state treasurer or by department of treasury auditors, if the county has agreed to contract with and pay the department for their financial single audit.
(3) The state audits shall be performed for the most current county fiscal year in conjunction with the financial single audit. The state audit may be performed either by certified public accountants contracted by the state treasurer or department of treasury staff, independent of the financial single audit, if a state audit has not been performed within the last 3 years.
Sec. 907. A revolving fund known as the assessor certification and training fund is created in the department of treasury. The assessor certification and training fund shall be used to organize and operate a property assessor certification and training program. Each participant certified and trained shall pay to the department of treasury an examination fee of $50.00, an initial certification fee of $50.00, an annual renewal fee of $75.00 for levels 1 and 2, and $125.00 for levels 3 and 4 to offset the cost of administering the certification and training program. Training courses shall be offered in assessment administration. Each participant shall pay a fee to cover the expenses incurred in offering the optional programs to certified assessing personnel and other individuals interested in an assessment career opportunity. The fees collected shall be credited to the assessor certification and training fund.
Sec. 908. The amount appropriated in part 1 to the department of treasury, home heating assistance program, is to cover the costs, including data processing, of administering federal home heating credits to eligible claimants and to administer the supplemental fuel cost payment program for eligible tax credit and welfare recipients.
Sec. 909. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371 to 207.383, is appropriated and shall be distributed under section 7a of the airport parking tax act, 1987 PA 248, MCL 207.377a.
Sec. 910. The disbursement by the department of treasury from the bottle deposit fund to dealers as required by section 3c(2) of 1976 IL 1, MCL 445.573c, is appropriated.
Sec. 911. (1) There is appropriated an amount sufficient to recognize and pay refundable income tax credits as provided by the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) The appropriations under subsection (1) shall be funded by restricting income tax revenue in an amount sufficient to record these expenditures.
Sec. 912. A plaintiff in a garnishment action involving this state shall pay to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of periodic payments is served upon the state treasurer, as provided in section 4012 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment is served upon the state treasurer, except that the fee shall be reduced to $5.00 for each writ of garnishment for individual income tax refunds or credits filed by magnetic media.
Sec. 913. (1) The department of treasury may contract with private firms to appraise and, if necessary, appeal the assessments of senior citizen cooperative housing units. Payment for this service shall be from savings resulting from the appraisal or appeal process.
(2) Of the funds appropriated in part 1 to the department of treasury for the senior citizens’ cooperative housing tax exemption program, a portion may be utilized for a program audit of the program. The department of treasury shall forward copies of any audit report completed to the senate and house of representatives standing committees on appropriations subcommittees on general government and to the state budget office. The department of treasury may utilize up to 1% of the funds for program administration and auditing.
Sec. 914. The department of treasury may provide a $200.00 annual prize from the Ehlers internship award account in the gifts, bequests, and deposit fund to the runner-up of the Rosenthal prize for interns. The Ehlers internship award account is interest bearing.
Sec. 915. Pursuant to section 61 of the Michigan campaign finance act, 1976 PA 388, MCL 169.261, there is appropriated from the general fund to the state campaign fund an amount equal to the amounts designated for tax year 2010. Except as otherwise provided in this section, the amount appropriated shall not revert to the general fund and shall remain in the state campaign fund. Any amounts remaining in the state campaign fund in excess of $10,000,000.00 on December 31 shall revert to the general fund.
Sec. 916. The department of treasury may make available to interested entities otherwise unavailable customized unclaimed property listings of nonconfidential information in its possession. The charge for this information is as follows: 1 to 100,000 records at 2.5 cents per record and 100,001 or more records at .5 cents per record. The revenue received from this service shall be deposited to the appropriate revenue account or fund. The department shall submit an annual report on or before June 1 to the state budget director and the senate and house of representatives standing committees on appropriations that states the amount of revenue received from the sale of information.
Sec. 917. (1) There is appropriated for write-offs and advances an amount equal to total write-offs and advances for departmental programs, but not to exceed current year authorizations that would otherwise lapse to the general fund.
(2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than November 30 stating the amounts appropriated for write-offs and advances under subsection (1).
Sec. 918. In addition to funds appropriated in part 1, the department of treasury may receive and expend funds for conducting tax orientation workshops and seminars. Funds received may not exceed costs incurred in conducting the workshops and seminars.
Sec. 919. (1) From funds appropriated in part 1, the department of treasury may contract with private auditing firms to audit for and collect unclaimed property due this state in accordance with the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to 567.265. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund auditing and collection costs and fees not to exceed 12% of the collections, or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of unclaimed property due this state is from the fund or account to which the revenues being collected are recorded or dedicated.
(2) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the auditing firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued.
Sec. 922. The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director by November 30 stating the amount of Michigan transportation fund revenue collected and the cost of collection. The cost of collection may be determined by proration of costs in fiscal year 2011-2012 only. Not later than April 1, 2012, the department of treasury shall provide an analysis of the actual costs of tax administration in order to justify continuation of the proration approach.
Sec. 924. (1) In addition to the funds appropriated in part 1, the department of treasury may receive and expend principal residence audit fund revenue for administration of principal residence audits under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.
(2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than December 31 stating the amount of exemptions denied and the revenue received under the program.
Sec. 925. (1) A public-private partnership investment fund is created in the department of treasury. Subject to subsections (2) and (3), public-private partnership investments shall include, but are not limited to, all of the following:
(a) Capital asset improvements including buildings, land, or structures.
(b) Energy resource exploration, extraction, generation, and sales.
(c) Financial and investment incentive opportunities.
(d) Infrastructure construction, maintenance, and operation.
(e) Public-private sector joint ventures that provide economic benefit to an area or to the state.
(2) Public-private investments shall not include projects, consultant expenses, staff effort, or any other activity related to the development, financing, construction, operation, or implementation of the Detroit River International Crossing or any successor project unless the project is approved by the legislature and signed into law.
(3) The state treasurer and the state budget director shall determine whether or not a specific public-private partnership investment opportunity qualifies for funding under subsection (1).
(4) Investment development revenue, including a portion of the proceeds from the sale of any public-private partnership investment designated in subsection (1), shall be deposited into the fund created in subsection (1) and shall be available for administration, development, financing, marketing, and operating expenditures associated with public-private partnerships, unless otherwise provided by law. Public-private partnership investments authorized in subsection (1) are authorized for public or private operation or sale consistent with state law. Expenditures from the fund are authorized for investment purposes as designated in subsection (1) to enhance the marketable value of each investment. The unencumbered balance remaining in the fund at the end of the fiscal year may be carried forward for appropriation in future years.
(5) An annual report shall be transmitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office not later than December 31 of each year. This report shall detail both of the following:
(a) The revenue and expenditure activity in the fund for the preceding fiscal year.
(b) Public-private partnership investments as identified under subsection (1).
(6) The department of treasury shall monitor the revenue deposited in the public-private partnership investment fund created in (1). If the revenue in the fund is insufficient to pay the amount appropriated in part 1 for public-private partnership investment, then treasury shall propose a legislative transfer to fund the line from the appropriations in part 1.
Sec. 925a. The funds appropriated in part 1 shall not be used to support any staff effort, projects, consultant expenses, or any other activity related to the development, financing, construction, operation, or implementation of the Detroit River International Crossing or any successor project unless the project is approved by the legislature and signed into law.
Sec. 926. Unexpended appropriations of the John R. Justice grant program are designated as work project appropriations and shall not lapse at the end of the fiscal year and shall continue to be available for expenditure until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide student loan forgiveness to qualified public defenders and prosecutors.
(b) The project will be accomplished by utilizing state employees or contracts with private vendors, or both.
(c) The total estimated cost of the project is $282,100.00.
(d) The tentative completion date is September 30, 2013.
Sec. 927. The department of treasury shall submit annual progress reports to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies, regarding personal property tax audits. The report shall include the number of audits, revenue generated, and number of complaints received by the department related to the audits.
Sec. 928. The department of treasury may provide receipt, warrant and cash processing, data, collection, investment, fiscal agent, levy and warrant cost assessment, writ of garnishment, and other user services on a contractual basis for other principal executive departments and state agencies. Funds for the services provided are appropriated and shall be expended for salaries and wages, fees, supplies, and equipment necessary to provide the services. Any unobligated balance of the funds received shall revert to the general fund of this state as of September 30.
Sec. 930. (1) The department of treasury shall provide accounts receivable collections services to other principal executive departments and state agencies under 1927 PA 375, MCL 14.131 to 14.134. The department of treasury shall deduct a fee equal to the cost of collections from all receipts except unrestricted general fund collections. Fees shall be credited to a restricted revenue account and appropriated to the department of treasury to pay for the cost of collections. The department of treasury shall maintain accounting records in sufficient detail to enable the respective accounts to be reimbursed periodically for fees deducted that are determined by the department of treasury to be surplus to the actual cost of collections.
(2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than November 30 stating the principal executive departments and state agencies served, funds collected, and costs of collection under subsection (1).
Sec. 931. (1) The appropriation in part 1 to the department of treasury for treasury fees shall be assessed against all restricted funds that receive common cash earnings or other investment income. Treasury fees include all costs, including administrative overhead, relating to the investment of each restricted fund. The fee assessed against each restricted fund will be based on the size of the restricted fund (the absolute value of the average daily cash balance plus the market value of investments in the prior fiscal year) and the level of effort necessary to maintain the restricted fund as required by each department. The department of treasury shall provide a report to the state budget director, the senate and house of representatives standing committees on appropriations subcommittees on general government, and the senate and house fiscal agencies by November 30 of each year identifying the fees assessed against each restricted fund and the methodology used for assessment.
(2) In addition to the funds appropriated in part 1, the department of treasury may receive and expend investment fees relating to new restricted funding sources that participate in common cash earnings or other investment income during the current fiscal year. When a new restricted fund is created starting on or after October 1, that restricted fund shall be assessed a fee using the same criteria identified in subsection (1).
Sec. 932. Revenue received under the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, may be expended by the board of directors of the Michigan education trust for necessary salaries, wages, supplies, contractual services, equipment, worker’s compensation insurance premiums, and grants to the civil service commission and state employees’ retirement fund.
Sec. 934. (1) The department of treasury may expend revenues received under the hospital finance authority act, 1969 PA 38, MCL 331.31 to 331.84, the shared credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076, the higher education facilities authority act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public educational facilities authority, Executive Reorganization Order No. 2002-3, MCL 12.192, the Michigan tobacco settlement finance authority act, 2005 PA 226, MCL 129.261 to 129.279, the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, part 505 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.50501 to 324.50522, the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and the Michigan finance authority, Executive Reorganization Order No. 2010-2, MCL 12.194, for necessary salaries, wages, supplies, contractual services, equipment, worker’s compensation insurance premiums, grants to the civil service commission and state employees’ retirement fund, and other expenses as allowed under those acts.
(2) The department of treasury shall report by January 31, 2012 to the senate and house appropriations subcommittees, the senate and house fiscal agencies, and the state budget director on the amount and purpose of expenditures made under subsection (1) from funds received in addition to those appropriated in part 1. The report also shall include a listing of reimbursement of revenue, if any. The report shall cover the 2010-2011 fiscal year.
Sec. 943. (1) The appropriation in part 1 for tobacco tax enforcement shall be used for, but not limited to, the following:
(a) Costs associated with a new stamp indicia.
(b) Reimbursement to licensed cigarette stamping agents for costs associated with the new stamp, to include machines acceptable to licensed cigarette stamping agents and to the department of treasury.
(c) Scanners.
(2) The department of treasury shall work cooperatively with the Michigan state police to improve tobacco tax enforcement.
(3) The department of treasury shall submit a report on the proposed use of the funds appropriated in part 1 for tobacco tax enforcement. The report shall be submitted by November 1 to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director.
Sec. 944. If the department hires a pension plan consultant using any of the funds appropriated in part 1, the department shall annually forward any report provided to the department by that consultant to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director.
Sec. 945. The assessment and certification division of the department of treasury shall conduct a review of local unit assessment administration practices, procedures, and records, also known as the 14-point review, in at least 1 assessment jurisdiction per county.
REVENUE SHARING
Sec. 950. The funds appropriated in part 1 for constitutional revenue sharing shall be distributed by the department to cities, villages, and townships, as required under section 10 of article IX of the state constitution of 1963. Revenue collected in accordance with section 10 of article IX of the state constitution of 1963 in excess of the amount appropriated in part 1 for constitutional revenue sharing is appropriated for distribution to cities, villages, and townships, on a population basis as required under section 10 of article IX of the state constitution of 1963.
Sec. 951. (1) From the funds appropriated in part 1 and in section 1201(2) to the economic vitality incentive program, $5,000,000.00 is to be used for assistance grants to cities, villages, townships, and counties to offset the costs associated with mergers, interlocal agreements, and cooperative efforts for those cities, villages, townships, and counties that elect to combine government operations. Grant funding shall be available for mergers, interlocal agreements, and cooperative efforts that occur on or after October 1, 2011. The department of treasury shall develop an application process and method of grant distribution.
(2) From the funds appropriated in part 1 and in section 1201(2) to the economic vitality incentive program, $210,000,000.00 is to be used for grants to cities, villages, and townships such that, subject to fulfilling the requirements under subsection (3) (a), (b), or (c), each city, village, or township that received a payment under section 950(2), 2009 PA 128, greater than $4,500.00 will be eligible to receive a maximum of 67.837363% of its total payment received under section 950(2), 2009 PA 128, rounded to the nearest dollar. For the purposes of this subsection, any city or village that according to the 2010 federal decennial census is determined to have population in more than 1 county will be treated as a single entity when determining the payment received under section 950(2), 2009 PA 128.
(3) Cities, villages, and townships eligible to receive a potential payment from the allocation under subsection (2) may qualify to receive economic vitality incentive program payments under 1 or more of the following 3 categories:
(a) Category 1, accountability and transparency, requires each eligible city, village, or township to certify that by October 1, 2011, it has produced, and has made readily available to the public, a citizen’s guide and a performance dashboard of its local finances, including a recognition of its unfunded liabilities. Each city, village, and township applying for a payment under this category shall submit a copy of the citizen’s guide and a copy of the performance dashboard to the department of treasury by October 1, 2011.
(b) Category 2, consolidation of services, requires each eligible city, village, or township to certify that by January 1, 2012, it has a plan with 1 or more proposals to increase its existing level of cooperation, collaboration, and consolidation, either within the jurisdiction or with other jurisdictions. A plan shall include a listing of any previous services consolidated with the cost savings realized from each consolidation and an estimate of the potential savings for any new service consolidations being planned. A plan shall be made readily available to the public. Each city, village, and township applying for a payment under this subdivision shall submit a copy of the cooperation, collaboration, and consolidation plan to the department of treasury by January 1, 2012.
(c) Category 3, employee compensation, requires each eligible city, village, or township to certify that by May 1, 2012, it has developed and publicized an employee compensation plan that the city, village, or township intends to implement with any new, modified, or extended contract or employment agreements for employees not covered under contract or employment agreement. The employee compensation plan that each city, village, or township plans to achieve shall be made available for public viewing in the city, village, or township clerk’s office or posted on a publicly accessible Internet site and must be submitted to the department of treasury by May 1, 2012. At a minimum, the employee compensation plan shall include the following:
(i) New hires who are eligible for retirement plans are placed on retirement plans that cap annual employer contributions at 10% of base salary for employees who are eligible for social security benefits. For employees who are not eligible for social security benefits, the annual employer contribution is capped at 16.2% of base salary.
(ii) For defined benefit pension plans, a maximum multiplier of 1.5% for all employees who are eligible for social security benefits, except, where postemployment health care is not provided, the maximum multiplier shall be 2.25%. For all employees who are not eligible for social security benefits, a maximum multiplier of 2.25%, except, where postemployment health care is not provided, the maximum multiplier shall be 3.0%.
(iii) For defined benefit pension plans, final average compensation for all employees is calculated using a minimum of 3 years of compensation and shall not include more than a total of 240 hours of paid leave. Overtime hours shall not be used in computing the final average compensation for an employee.
(iv) Health care premium costs for new hires shall include a minimum employee share of 20%; or, an employer’s share of the local health care plan costs shall be cost competitive with the new state preferred provider organization health plan, on a per-employee basis.
(4) Economic vitality incentive program payments are subject to the following conditions:
(a) In order for a city, village, or township to qualify for a category under subsection (3)(a), (b), or (c), the city, village, or township shall meet every criteria for that category including a certification to the department that it has met the required criteria for that category and submission of the required citizen’s guide and performance dashboard; cooperation, collaboration, and consolidation plan; or the employee compensation plan as required by subsection (3)(a), (b), or (c), respectively. A department of treasury review of the citizen’s guide, dashboard, or plan is not required in order for a city, village, or township to receive a payment under subsection (2). The department shall develop a certification process and method for cities, villages, and townships to follow.
(b) For each category that a city, village, or township qualifies for in subsection (3), the city, village, or township shall receive 1/3 of its potential economic vitality incentive program payment amount calculated in subsection (2).
(c) Payments under this section shall be issued to cities, villages, and townships for each category in subsection (3) until the specified due date for the category. After the specified due date for the category, payments shall be made to a city, village, or township only if that city, village, or township has complied with subdivision (a).
(d) If a city, village, or township does not provide the required certification or fails to submit the required citizen’s guide and performance dashboard; cooperation, collaboration, and consolidation plan; and the employee compensation plan by the first day of a payment month, the city, village, or township shall forfeit the payment in that payment month for the uncertified category in subsection (3).
(e) Any local unit that falsifies certification documents shall forfeit any future economic vitality incentive program payments and shall repay this state all economic vitality incentive program payments it has received.
(f) Payments under this section shall be distributed on the last business day of October, December, February, April, June, and August.
(g) Payments distributed under this section may be withheld pursuant to sections 17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921.
(5) The unexpended funds appropriated in this section for the economic vitality incentive program are designated as work project appropriations and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall continue to be available for expenditure for projects under subsection (1) until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects is to provide incentive-based grants to recipients under subsection (1).
(b) The projects will be accomplished by grants to qualified governmental units.
(c) The total estimated cost of all projects is $215,000,000.00.
(d) The tentative completion date is September 30, 2016.
Sec. 955. (1) The funds appropriated in part 1 and section 1201(2) for county revenue sharing shall be distributed by the department to eligible counties pursuant to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921.
(2) The department of treasury shall annually certify to the state budget director the amount each county is authorized to expend from its revenue sharing reserve fund.
LOTTERY
Sec. 960. In addition to the funds appropriated in part 1 to the bureau of state lottery, there is appropriated from lottery revenues the amount necessary for, and directly related to, implementing and operating lottery games. Appropriations under this section shall only be expended for contractually mandated payments for vendor commissions, contractually mandated payments for instant tickets intended for resale, the contractual costs of providing and maintaining the online system communications network, and incentive and bonus payments to lottery retailers.
Sec. 963. The bureau of state lottery shall inform all lottery retailers that the cash side of department of human services bridge cards cannot be used to purchase lottery tickets.
CASINO GAMING
Sec. 971. From the revenue collected by the Michigan gaming control board regarding the total annual assessment of each casino licensee, $2,000,000.00 is appropriated and shall be deposited in the compulsive gaming prevention fund as described in section 12a(5) of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.212a.
Sec. 973. (1) Funds appropriated in part 1 for local government programs may be used to provide assistance to a local revenue sharing board referenced in an agreement authorized by the Indian gaming regulatory act, Public Law 100-497.
(2) A local revenue sharing board described in subsection (1) shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) A county treasurer is authorized to receive and administer funds received for and on behalf of a local revenue sharing board. Funds appropriated in part 1 for local government programs may be used to audit local revenue sharing board funds held by a county treasurer. This section does not limit the ability of local units of government to enter into agreements with federally recognized Indian tribes to provide financial assistance to local units of government or to jointly provide public services.
(4) A local revenue sharing board described in subsection (1) shall comply with all applicable provisions of any agreement authorized by the Indian gaming regulatory act, Public Law 100-497, in which the local revenue sharing board is referenced, including, but not limited to, the disbursal of tribal casino payments received under applicable provisions of the tribal-state class III gaming compact in which those funds are received.
(5) The director of the department of state police and the executive director of the Michigan gaming control board are authorized to assist the local revenue sharing boards in determining allocations to be made to local public safety organizations.
(6) The department of treasury shall submit a report by September 30 to the senate and house of representatives standing committees on appropriations and the state budget director on the receipts and distribution of revenues by local revenue sharing boards.
Sec. 974. If revenues collected in the state services fee fund are less than the amounts appropriated from the fund, available revenues shall be used to fully fund the appropriation in part 1 for casino gaming regulation activities before distributions are made to other state departments and agencies. If the remaining revenue in the fund is insufficient to fully fund appropriations to other state departments or agencies, the shortfall shall be distributed proportionally among those departments and agencies.
Sec. 976. The executive director of the Michigan gaming control board may pay rewards of not more than $5,000.00 to a person who provides information that results in the arrest and conviction on a felony or misdemeanor charge for a crime that involves the horse racing industry. A reward paid pursuant to this section shall be paid out of the appropriation in part 1 for the racing commission.
Sec. 977. All appropriations from the Michigan agriculture equine industry development fund, except for the racing commission and laboratory analysis program appropriations, shall be reduced proportionately if revenues to the Michigan agriculture equine industry development fund decline during the fiscal year ending September 30, 2012 to a level lower than the amount appropriated in part 1.
Sec. 978. The Michigan gaming control board shall use actual expenditure data in determining the actual regulatory costs of conducting racing dates and shall provide that data to the senate and house appropriations subcommittees on agriculture and general government and the senate and house fiscal agencies. The Michigan gaming control board shall not be reimbursed for more than the actual regulatory cost of conducting race dates. If a certified horsemen’s organization funds more than the actual regulatory cost, the balance shall remain in the agriculture equine industry development fund to be used to fund subsequent race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. If a certified horsemen’s organization funds less than the actual regulatory costs of the additional horse racing dates, the Michigan gaming control board shall reduce the number of future race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. Prior to the reduction in the number of authorized race dates due to budget deficits, the executive director of the Michigan gaming control board shall provide notice to the certified horsemen’s organizations with an opportunity to respond with alternatives. In determining actual costs, the Michigan gaming control board shall take into account that each specific breed may require different regulatory mechanisms.
MICHIGAN STRATEGIC FUND - HOUSING AND COMMUNITY DEVELOPMENT
Sec. 980. MSHDA shall annually present a report to the state budget office and the subcommittees on the status of the authority’s housing production goals under all financing programs established or administered by the authority. The report shall give special attention to efforts to raise affordable multifamily housing production goals.
Sec. 981. MSHDA shall report to the subcommittees, the state budget director, and the fiscal agencies by December 1 on the status of the loans entered into by the Michigan broadband development authority.
Sec. 983. In addition to the amounts appropriated in part 1 for the administration of the land bank fast track authority, the authority may expend revenues received under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act including, but not limited to, the acquisition, lease, management, demolition, maintenance, or rehabilitation of real or personal property, payment of debt service for notes or bonds issued by the authority, and other expenses to clear or quiet title property held by the authority.
Sec. 984. In addition to the funds appropriated in part 1, the funds collected by state historic preservation programs for document reproduction and services and application fees are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the succeeding fiscal year.
MICHIGAN STRATEGIC FUND
Sec. 1001. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $700,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 1005. In addition to the appropriations in part 1, Travel Michigan may receive and expend private revenue related to the use of “Pure Michigan” and all other copyrighted slogans and images. This revenue may come from the direct licensing of the name and image or from the royalty payments from various merchandise sales. Revenue collected is appropriated for the marketing of the state as a travel destination. The funds are available for expenditure when they are received by the department of treasury.
Sec. 1006. The fund shall submit on February 15 to the subcommittees, the state budget office, and the fiscal agencies a listing of all grants which have been awarded by the fund or by the Michigan economic development corporation from the funds appropriated in part 1. The list shall include all of the following:
(a) The name of the recipient.
(b) The amount awarded to the recipient.
(c) The purpose of the grant.
Sec. 1007. (1) The fund shall provide reports to the relevant subcommittees, the state budget director, and the fiscal agencies concerning the activities of the Michigan economic development corporation grants and investment programs financed from the fund using investment or Indian gaming revenues. The report shall provide a list of individual grants and loans made from the fund. The report shall include, but not be limited to, the following programs funded in part 1:
(a) Travel Michigan, including any expenditures authorized under section 89b of the Michigan strategic fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan promotion program. The report shall include the number of commercials produced, the markets in which media buys have been made, and any web-based products that were created with these funds.
(b) Business attraction, retention, and growth, including any expenditures authorized under section 89b of the Michigan strategic fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan business marketing program. The report shall include the number of commercials produced, the markets in which media buys have been made, and any web-based products that were created as a result of this appropriation.
(c) Business services.
(d) Community development block grants.
(e) Strategic fund administration.
(f) Renaissance zones.
(g) 21st century investment program.
(h) Business and clean air ombudsman.
(i) Any other programs of the fund.
(2) The reports in subsection (1) shall be submitted by January 15. The report for each program in subsection (1)(a) through (i) shall include details on all revenue sources, actual expenditures, and number of FTEs for that program for the previous fiscal year.
Sec. 1008. As a condition of receiving funds under part 1, any interlocal agreement entered into by the fund shall include language which states that if a local unit of government has a contract or memorandum of understanding with a private economic development agency, the Michigan economic development corporation will work cooperatively with that private organization in that local area.
Sec. 1009. (1) Of the funds appropriated to the fund or through grants to the Michigan economic development corporation, no funds shall be expended for the purchase of options on land or the purchase of land unless at least 1 of the following conditions applies:
(a) The land is located in an economically distressed area.
(b) The land is obtained through a purchase or exercise of an option at the invitation of the local unit of government and local economic development agency.
(2) Consideration may be given to purchases where the proposed use of the land is consistent with a regional land use plan, will result in the redevelopment of an economically distressed area, can be supported by existing infrastructure, and will not cause shifts in population away from the area’s population centers.
(3) As used in this section, “economically distressed area” means an area in a city, village, or township that has been designated as blighted; a city, village, or township that shows negative population change from 1970 and a poverty rate and unemployment rate greater than the statewide average; or an area certified as a neighborhood enterprise zone.
Sec. 1011. (1) From the general fund/general purpose appropriations in part 1 to the fund and granted or transferred to the Michigan economic development corporation, any unexpended or unencumbered balance shall be disposed of in accordance with the requirements in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for.
(2) Any encumbered funds shall be used for the same purposes for which funding was originally appropriated in this article.
Sec. 1012. (1) As a condition of receiving funds under part 1, the fund shall ensure that the MEDC and the fund comply with all of the following:
(a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c) Annual audits of all financial records by the auditor general or his or her designee.
(d) All reports required by law to be submitted to the legislature.
(2) If the MEDC is unable for any reason to perform duties under this article, the fund may exercise those duties.
Sec. 1013. As a condition for receiving the appropriations in part 1, any staff of the Michigan economic development corporation involved in private fund-raising activities shall not be party to any decisions regarding the awarding of grants or tax abatements from the fund, the Michigan economic development corporation, or the Michigan economic growth authority.
Sec. 1014. (1) All funds received from repayment of loans, unused grants, revenues received from sales or cash flow participation agreements, guarantees, or any combination of these or accrued interest originally distributed as part of the core communities fund, created by 2000 PA 291, shall be received, held, and applied by the fund for the purposes described in 2000 PA 291.
(2) The fund shall provide an annual report on the status of this fund which includes information that details the awards made. The report shall be provided to the appropriations subcommittees on general government, the fiscal agencies, and the state budget office by January 31.
Sec. 1020. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended. The fund may carry forward into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. The fund shall report the amount and source of the funds to the senate appropriation subcommittee on economic development, the house appropriation subcommittee on general government, the senate and house fiscal agencies, and the state budget office within 10 business days after receiving any additional pass-through funds.
Sec. 1021. The unexpended portion of funds appropriated in 2007 PA 127 for the jobs for Michigan investment program 21st century jobs fund is appropriated for the same purposes as originally appropriated and is available until September 30, 2016. The project shall be completed through the use of staff, awards, and contracts and shall not exceed $5,500,000.00.
Sec. 1023. The fund shall coordinate tourism promotion with the tourism industry. The fund shall submit a report by July 1 to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies on the geographical locations and recreational activities used in Michigan tourism promotional material.
Sec. 1024. From the funds appropriated in part 1 and in section 1201(1) for business attraction and economic gardening, not less than $20,000,000.00 shall be granted by the Michigan strategic fund board for brownfield redevelopment incentives and historic preservation incentives.
Sec. 1031. The Michigan strategic fund shall report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by April 15, 2012 on the spending plan for the line items for innovation and entrepreneurship and business attraction and economic gardening.
Sec. 1032. (1) The Michigan film office shall report to the subcommittees and the fiscal agencies on the status of the film incentives at the same time as it submits the annual report required under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. The department of treasury and the Michigan strategic fund shall provide the Michigan film office with the data necessary to prepare the report. Incentives included in the report shall include all of the following:
(a) The tax credit provided under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455.
(b) The tax credit provided under section 457 of the Michigan business tax act, 2007 PA 36, MCL 208.1457.
(c) The tax credit provided under section 459 of the Michigan business tax act, 2007 PA 36, MCL 208.1459.
(d) The amount of any tax credit claimed under section 367 of the income tax act of 1967, 1967 PA 281, MCL 206.367.
(e) Any tax credits provided for film and digital media production under the Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810.
(f) Loans to an eligible production company or film and digital media private equity fund authorized under section 88d(3), (4), and (5) of the Michigan strategic fund act, 2005 PA 225, MCL 125.2088d.
(2) The report shall include all of the following information:
(a) For each tax credit, the number of contracts signed, the projected expenditures qualifying for the credit, and the estimated value of the credits. For loans, the number of loans made under each section, the interest rate of those loans, the loan amount, the percent of the projected budget of each production financed by those loans, and the estimated interest earnings from the loan.
(b) For credits authorized under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455, for productions completed by December 31, the expenditures of each production eligible for the credit that has filed a request for certificate of completion with the film office, broken down into expenditures for goods, services, or salaries and wages and showing separately expenditures in each local unit of government, including expenditures for personnel, whether or not they were made to a Michigan entity, and whether or not they were taxable under the laws of this state. For loans, the report shall include the number of loans that have been fully repaid, with principal and interest shown separately, and the number of loans that are delinquent or in default, and the amount of principal that is delinquent or is in default.
(c) For each of the tax credit incentives and loan incentives listed in subsection (1), a breakdown for each project or production showing each of the following:
(i) The number of temporary jobs created.
(ii) The number of permanent jobs created.
(iii) The number of persons employed in Michigan as a result of the incentive, on a full-time equated basis.
(3) For any information not included in the report due to the provisions of sections 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, the report shall do all of the following:
(a) Indicate how the information would describe the commercial and financial operations or intellectual property of the company.
(b) Attest that the information has not been publicly disseminated at any time.
(c) Describe how disclosure of the information may put the company at a competitive disadvantage.
(4) Any information not disclosed due to the provisions of sections 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, shall be presented at the lowest level of aggregation that would no longer describe the commercial and financial operations or intellectual property of the company.
Sec. 1034. (1) A portion of the funds appropriated in part 1 for innovation and entrepreneurship shall be used to fund business incubators and accelerators. The Michigan strategic fund shall award a grant to 1 high-performance business incubator or accelerator in each of the following governmental units:
(a) Houghton County.
(b) Kent County.
(c) Macomb County.
(d) Oakland County.
(e) Washtenaw County.
(f) A city with a population greater than 650,000.
(g) A Midland County satellite site of an incubator located in Isabella County.
(2) Grant funding awarded under this section may be used to fund satellite locations, as determined by the Michigan strategic fund.
(3) Eligible recipients for these awards must have been operational on October 1, 2010 and operating continuously since that date.
(4) Awards shall not be less than $500,000.00 per selected business incubator or accelerator. No recipient shall receive more than $2,000,000.00 under this section. No unit of local government listed in subsection (1) shall receive more than 1 award.
(5) Applicants shall submit a comprehensive business plan to the Michigan strategic fund that demonstrates the sustainability of the organization.
(6) Awards shall be announced by December 31, 2011.
(7) Each recipient business incubator or accelerator shall develop a dashboard of indicators to measure the effectiveness of the business incubator and accelerator programs. Indicators shall include the direct jobs created, new companies launched as a direct result of business incubator or accelerator involvement, businesses expanded as a direct result of business incubator or accelerator involvement, direct investment in client companies, private equity financing obtained by client companies, grant funding obtained by client companies, and other measures developed by the recipient business incubators and accelerators in conjunction with the Michigan economic development corporation. Dashboard indicators shall be reported for the prior fiscal year and cumulatively, if available. Each recipient shall submit a copy of their dashboard indicators to the Michigan strategic fund by March 1. The Michigan strategic fund shall transmit the local reports to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by March 15.
Sec. 1035. (1) From the appropriation in part 1, the Michigan council for arts and cultural affairs shall administer an arts and cultural grant program that maintains an equitable geographic distribution of funding and utilizes past arts and cultural grant programs as a guideline for administering this program. The council shall do all of the following:
(a) On or before October 1, the fund shall publish proposed application criteria, instructions, and forms for use by eligible applicants. The fund shall provide at least a 2-week period for public comment before finalizing the application criteria, instructions, and forms.
(b) A nonrefundable application fee may be assessed for each application. Application fees shall be deposited in the council for the arts fund and are appropriated for expenses necessary to administer the programs. These funds are available for expenditure when they are received and may be carried forward to the following fiscal year.
(c) Grants are to be made to public and private arts and cultural entities.
(d) Within 1 business day after the award announcements, the council shall provide to each member of the legislature and the fiscal agencies a list of all grant recipients and the total award given to each recipient, sorted by county.
(2) Up to $100,000.00 from the appropriation in part 1 for arts and cultural program may be used for the administration of this grant program.
MICHIGAN STRATEGIC FUND – CAREER EDUCATION
Sec. 1050. The fund shall publish the “activities classification structure data book” for Michigan community colleges on or before March 1.
Sec. 1051. The fund shall compile information received from community colleges on North American Indian tuition waivers granted pursuant to 1976 PA 174, MCL 390.1251 to 390.1253, and shall submit this compilation to the house and senate appropriations subcommittees on community colleges, the fiscal agencies, and the state budget director by February 15.
Sec. 1052. The fund shall compile information received from community colleges on the number and types of associate degrees and other certificates awarded during the previous fiscal year and shall submit this compilation to the house and senate appropriations subcommittees on community colleges, the fiscal agencies, and the state budget director by January 15.
Sec. 1053. From the funds appropriated in part 1, the fund shall allocate an amount not to exceed $680,100.00 for the Detroit precollege engineering program and the Grand Rapids area precollege engineering program, which were appropriated funds under 2005 PA 156.
Sec. 1054. From the funds appropriated in part 1 for workforce programs subgrantees, the fund may allocate funding for grants to nonprofit organizations that offer programs to workforce investment act-eligible youth focusing on entrepreneurship, work-readiness skills, job shadowing, and financial literacy. Organizations eligible for funding under this section must have the capacity to provide similar programs in urban areas, as determined by the United States bureau of the census according to the most recent federal decennial census. Additionally, programs eligible for funding under this section must include the participation of local business partners. The fund shall develop other appropriate eligibility requirements to ensure compliance with applicable federal rules and regulations.
MICHIGAN STRATEGIC FUND – WORKFORCE DEVELOPMENT
Sec. 1060. The fund shall administer the jobs, education, and training program in accordance with the requirements of section 407(d) of title IV of the social security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other applicable laws and regulations.
Sec. 1061. State and federal funds allocated to local workforce development boards for disbursement shall not be expended unless the local workforce development boards maintain a partnership with governmental agencies, public school districts, and public colleges located within the local service delivery area. Each board shall appoint an education advisory group made up of high-level administrators within local educational institutions, workforce development board members, other employers, labor, academic educators, parents of public school pupils, and, at the board’s discretion, representatives of organizations that provide school-based curriculum and youth programs focusing on entrepreneurship, work-readiness skills, and financial literacy.
Sec. 1062. The fund shall make available, in person or by telephone, 1 disabled veterans outreach program specialist or local veterans employment representative to Michigan works! service centers, as resources permit, during hours of operation, and shall continue to make the appropriate placement of veterans and disabled veterans a priority.
Sec. 1063. (1) In addition to the funds appropriated in part 1, any unencumbered and unrestricted federal workforce investment act or trade adjustment assistance funds available from prior fiscal years are appropriated for the purposes originally intended.
(2) The fund shall report by January 15 to the subcommittees, the fiscal agencies, and the state budget office on the amount by fiscal year of federal workforce investment act funds appropriated under this section.
Sec. 1064. Of the funds appropriated in part 1 for workforce training programs, up to $200,000.00 shall be allocated for grants to 2 work force development programs, meeting the following criteria:
(a) Up to $100,000.00 shall be allocated to 1 nonprofit organization to expand an existing innovative, employer-led, public/private workforce development program. Grant funds may be used for program operating expenses such as staffing, rent, equipment, and other expenses. To be eligible for funding under this subdivision, a program must meet the following criteria:
(i) Provide program participants with early intervention services that promote employment stabilization and alleviate barriers to job attainment, retention, or advancement, including assistance with transportation, language barriers, childcare, housing, and facilitating access to services available through public agencies and community-based organizations.
(ii) Provide program participants with training in basic job skills, basic life skills, and career exploration.
(iii) Provide program participants with opportunities for advancement within the network of partnering employers by facilitating incumbent worker training programs.
(iv) Demonstrate a quantifiable return on investment for participating employers, as evidenced by costs savings achieved through pooled training/workforce development activities, and increases in employee retention, attendance, satisfaction, and productivity.
(v) Have a regional impact across more than 3 counties.
(b) Up to $100,000.00 shall be allocated to 1 nonprofit organization to expand an existing workforce development program operated collaboratively with local businesses and educational institutions to link unemployed and dislocated workers with new market industries and to spur the development of small businesses. To be eligible for funding under this subdivision, a program must meet the following criteria:
(i) Provide low-wage, unemployed, and dislocated workers assistance in developing career pathways that provide education and career options for program participants to meet the workforce needs of new markets and in-demand occupations.
(ii) Provide educational programs and seminars that provide an introduction to the values and basic entrepreneurial skills necessary to successfully start a new business.
(iii) Provide programs that provide business incubation and support services, including entrepreneurial education and access to capital.
(iv) Provide program participants with job placement assistance, including on-the-job training, apprenticeships, and internships.
Sec. 1065. Local Michigan works! agencies shall utilize a portion of the funds received under part 1 for services provided by local libraries that serve as access points, service centers, or local partners serving high-demand service areas or underserved areas.
Sec. 1066. It is the intent of the legislature that a portion of the workforce investment act, statewide activities funds be allocated to support coordinated efforts between local Michigan works! agencies and police and sheriff departments to create programs that offer gang diversion activities and support services to at-risk youth in Wyoming, Benton Harbor, Saginaw, Mt. Morris Charter Township, and Detroit.
Sec. 1068. (1) Of the funds appropriated in part 1 for the workforce training programs, the fund shall provide a report by December 15 to the house and senate chairs of the subcommittees, the state budget director, and the fiscal agencies on the status of the no-worker-left-behind program. The report shall include the following:
(a) The amount of funding allocated to each Michigan works! agency and the total funding allocated to the no-worker-left-behind program statewide by fund source.
(b) The number of participants enrolled in the program by each Michigan works! agency.
(c) The average duration of training for program participants by each Michigan works! agency.
(d) The number of participants enrolled in remedial education programs and the number of participants enrolled in literacy programs.
(e) The number of participants enrolled in programs at 2-year institutions.
(f) The number of participants enrolled in 4-year institutions.
(g) The number of participants enrolled in proprietary schools or other technical training programs.
(h) The number of participants that have completed education or training programs.
(i) The number of participants who secured employment in Michigan within 1 year of completing a no-worker-left-behind training program.
(j) The number of participants who completed a no-worker-left-behind training program and secured employment in a field related to their training.
(k) The average wage earned by participants who completed a no-worker-left-behind training program and secured employment within 1 year.
(2) Data collection for the report shall be for the period October 1, 2011 through September 30, 2012.
REVENUE STATEMENT
Sec. 1101. Pursuant to section 18 of article V of the state constitution of 1963, fund balances and estimates are presented in the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2011-2012
Beginning
Fund Unreserved
Fund Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose.................................................... 0110 313.6 8,802.0 473.4
General fund/special purpose..................................................... 972.1 20,529.7 321.1
Special Revenue Funds:
Countercyclical budget and economic stabilization................... 0111 2.2 0.0 2.2
Game and fish protection........................................................... 0112 3.9 63.9 1.8
Michigan employment security act administration.................... 0113 11.8 8.4 15.0
State aeronautics........................................................................ 0114 19.4 119.8 31.5
Michigan veterans’ benefit trust................................................ 0115 0.0 5.2 0.0
State trunkline............................................................................ 0116 5.7 1,905.8 (20.5)
Michigan state waterways.......................................................... 0117 1.4 27.4 0.1
Blue Water Bridge...................................................................... 0118 19.3 21.3 20.6
Michigan transportation............................................................. 0119 0.0 1,853.4 0.0
Comprehensive transportation................................................... 0120 0.1 315.4 (66.0)
School aid................................................................................... 0122 0.0 12,711.3 0.0
Game and fish protection trust................................................... 0124 6.0 8.7 6.0
State park improvement............................................................. 0125 6.0 48.6 14.1
Forest development.................................................................... 0126 3.8 29.2 0.0
Michigan civilian conservation corps endowment..................... 0128 0.0 0.0 0.0
Michigan natural resources trust................................................ 0129 35.8 0.7 24.7
Michigan state parks endowment............................................... 0130 4.9 43.8 20.6
Safety education and training..................................................... 0131 6.1 8.7 6.4
Bottle deposit............................................................................. 0136 0.0 11.7 0.0
State construction code.............................................................. 0138 2.6 7.3 0.0
Children’s trust........................................................................... 0139 0.9 2.9 0.7
State casino gaming................................................................... 0140 0.0 34.3 (2.0)
Michigan nongame fish and wildlife......................................... 0143 0.1 0.3 0.0
Michigan merit award trust........................................................ 0154 0.0 136.0 0.0
Outdoor recreation legacy.......................................................... 0162 0.4 2.9 0.7
Off-road vehicle account............................................................ 0163 0.2 3.6 0.1
Snowmobile account.................................................................. 0164 0.7 12.1 0.7
Silicosis dust disease and logging.............................................. 0870 2.1 1.7 2.1
Utility consumer representation................................................. 0893 3.6 1.1 3.6
TOTALS..................................................................................... $1,422.7 $46,717.2 $857.0
ONE-TIME BASIS ONLY
Sec. 1201. (1) For the state fiscal year ending September 30, 2012, there is appropriated from general fund/general purpose revenue, on a 1-time basis only, $136,250,000.00 for the following purposes:
DTMB - asbestos abatement, former state police headquarters................................................... $ 1,250,000
DTMB – other postemployment benefits..................................................................................... 60,000,000
Michigan strategic fund - film incentive funding......................................................................... 25,000,000
Michigan strategic fund - business attraction and economic gardening...................................... 50,000,000
(2) For the state fiscal year ending September 30, 2012, there is appropriated from sales tax revenue, on a 1-time basis only, $30,000,000.00 for the following purposes:
Treasury – county revenue sharing............................................................................................... $ 15,000,000
Treasury – economic vitality incentive program.......................................................................... 15,000,000
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1301. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2013 for the line items listed in part 1. The fiscal year 2012-2013 appropriations are anticipated to be the same as those for fiscal year 2011-2012, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2012 consensus revenue estimating conference.
ARTICLE X
DEPARTMENT OF HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article, the amounts listed in this part are appropriated for the department of human services for the fiscal year ending September 30, 2012, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated classified positions........................................................................11,576.5
Unclassified positions..........................................................................................................6.0
Total full-time equated positions................................................................................11,582.5
GROSS APPROPRIATION.......................................................................................................... $ 6,831,704,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 1,243,100
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 6,830,461,800
Federal revenues:
Federal-other ARRA revenues...................................................................................................... 549,632,400
Total federal revenues................................................................................................................... 5,077,418,800
Special revenue funds:
Total private revenues................................................................................................................... 15,911,100
Total local revenues...................................................................................................................... 27,948,500
Total other state restricted revenues............................................................................................. 88,616,500
State general fund/general purpose.............................................................................................. $ 1,070,934,500
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions.....................................................................................667.7
Full-time equated unclassified positions.............................................................................6.0
Full-time equated classified positions.............................................................................661.7
Unclassified salaries—6.0 FTE positions..................................................................................... $ 647,900
Salaries and wages—273.7 FTE positions................................................................................... 16,364,200
Contractual services, supplies, and materials............................................................................... 10,192,700
Demonstration projects—9.0 FTE positions................................................................................ 13,950,900
Inspector general salaries and wages—136.0 FTE positions....................................................... 7,531,500
Electronic benefit transfer EBT.................................................................................................... 13,009,000
Michigan community service commission—15.0 FTE positions................................................. 12,161,600
AFC, children’s welfare and day care licensure—228.0 FTE positions...................................... 25,598,300
State office of administrative hearings and rules......................................................................... 5,931,600
GROSS APPROPRIATION.......................................................................................................... $ 105,387,700
Appropriated from:
Federal revenues:
Total other federal revenues......................................................................................................... 69,190,800
Special revenue funds:
Total private revenues................................................................................................................... 8,207,700
Total local revenues...................................................................................................................... 175,000
Total other state restricted revenue............................................................................................... 25,000
State general fund/general purpose.............................................................................................. $ 27,789,200
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.............................................................................192.7
Child support enforcement operations—186.7 FTE positions..................................................... $ 22,470,200
Legal support contracts................................................................................................................ 138,753,600
Child support incentive payments................................................................................................ 32,409,600
State disbursement unit—6.0 FTE positions................................................................................ 12,766,100
GROSS APPROPRIATION.......................................................................................................... $ 206,399,500
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 181,100,100
Special revenue funds:
Total local revenues...................................................................................................................... 340,000
Total other state restricted revenues............................................................................................. 770,000
State general fund/general purpose.............................................................................................. $ 24,189,400
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions...............................................................................16.0
Bureau of community action and economic opportunity—16.0 FTE positions........................... $ 1,866,400
Community services block grant.................................................................................................. 25,840,000
Weatherization assistance............................................................................................................. 28,340,000
GROSS APPROPRIATION.......................................................................................................... $ 56,046,400
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 56,046,400
State general fund/general purpose.............................................................................................. $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions...............................................................................43.7
Executive direction and support—4.0 FTE positions................................................................... $ 456,400
Guardian contract......................................................................................................................... 600,000
Adult services policy and administration—6.0 FTE positions..................................................... 701,600
Office of program policy—33.7 FTE positions............................................................................ 5,550,900
Employment and training support services.................................................................................. 6,407,100
Wage employment verification reporting..................................................................................... 848,700
Urban and rural empowerment/enterprise zones.......................................................................... 100
Nutrition education....................................................................................................................... 30,000,000
Background check program.......................................................................................................... 1,000,000
Elder law of Michigan MiCAFE contract.................................................................................... 100,000
GROSS APPROPRIATION.......................................................................................................... $ 45,664,800
Appropriated from:
Federal revenues:
Total other federal revenues......................................................................................................... 39,713,300
State general fund/general purpose.............................................................................................. $ 5,951,500
Sec. 106. CHILDREN’S SERVICES
Full-time equated classified positions.............................................................................146.8
Salaries and wages—59.2 FTE positions..................................................................................... $ 3,765,600
Contractual services, supplies, and materials............................................................................... 1,276,500
Interstate compact......................................................................................................................... 231,600
Children’s benefit fund donations................................................................................................ 21,000
Families first................................................................................................................................. 17,950,700
Strong families/safe children—3.0 FTE positions........................................................................ 15,072,300
Child protection and permanency—37.5 FTE positions.............................................................. 16,264,100
Family reunification program....................................................................................................... 3,977,100
Family preservation and prevention services administration—14.5 FTE positions..................... 1,228,200
Children’s trust fund administration—12.0 FTE positions.......................................................... 1,057,200
Children’s trust fund grants.......................................................................................................... 2,825,100
ECIC, early childhood investment corporation............................................................................ 12,723,000
Attorney general contract............................................................................................................. 3,923,200
Prosecuting attorney contracts...................................................................................................... 2,561,700
Child protection—5.0 FTE positions........................................................................................... 862,700
Domestic violence prevention and treatment—14.6 FTE positions............................................. 14,660,900
Rape prevention and services—0.5 FTE positions....................................................................... 3,300,000
Child advocacy centers—0.5 FTE positions................................................................................ 1,000,000
GROSS APPROPRIATION.......................................................................................................... $ 102,700,900
Appropriated from:
Federal revenues:
Total other federal revenues......................................................................................................... 90,938,200
Special revenue funds:
Private - children’s benefit fund donations.................................................................................. 21,000
Compulsive gambling prevention fund......................................................................................... 1,040,000
Children’s trust fund..................................................................................................................... 2,823,700
Sexual assault victims’ prevention and treatment........................................................................ 1,000,000
Child advocacy centers fund........................................................................................................ 1,000,000
State general fund/general purpose.............................................................................................. $ 5,878,000
Sec. 107. CHILD WELFARE SERVICES
Full-time equated classified positions..........................................................................3,599.0
Children’s services administration—64.0 FTE positions............................................................. $ 4,715,500
Title IV-E compliance and accountability office—5.0 FTE positions......................................... 432,600
Child welfare institute—40.0 FTE positions................................................................................ 5,696,500
Child protective services workers—1,481.0 FTE positions......................................................... 79,228,300
Direct care workers—1,058.0 FTE positions............................................................................... 55,111,400
Education planners—14.0 FTE positions..................................................................................... 736,300
Permanency planning specialists—55.0 FTE positions................................................................ 3,171,000
Child welfare first line supervisors—519.0 FTE positions.......................................................... 35,950,600
Administrative support workers—241.0 FTE positions............................................................... 10,438,900
Second line supervisors and technical staff—45.0 FTE positions............................................... 3,230,100
Permanency planning specialists—62.0 FTE positions................................................................ 3,638,300
Child welfare field staff contractual services, supplies, and materials........................................ 5,432,200
Settlement monitor....................................................................................................................... 1,625,800
Needs assessment......................................................................................................................... 4,000,000
Foster care payments.................................................................................................................... 186,112,400
Foster care - children with serious emotional disturbance waiver............................................... 1,769,000
Guardianship assistance program................................................................................................. 2,170,000
Child care fund............................................................................................................................. 205,255,500
Child care fund administration—5.8 FTE positions..................................................................... 808,600
Adoption subsidies....................................................................................................................... 225,783,500
Adoption support services—7.2 FTE positions............................................................................ 33,604,300
Youth in transition—2.0 FTE positions........................................................................................ 12,264,500
GROSS APPROPRIATION.......................................................................................................... $ 881,175,300
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 493,207,700
Special revenue funds:
Private - collections...................................................................................................................... 1,900,000
Local funds - county chargeback................................................................................................. 13,388,800
State general fund/general purpose.............................................................................................. $ 372,678,800
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions.............................................................................198.7
W.J. Maxey training school—72.0 FTE positions........................................................................ $ 11,185,500
Bay pines center—44.0 FTE positions......................................................................................... 4,900,000
Shawono center—44.0 FTE positions.......................................................................................... 4,900,000
County juvenile officers............................................................................................................... 3,904,300
Community support services—2.0 FTE positions........................................................................ 1,600,100
Juvenile justice, administration and maintenance—31.7 FTE positions...................................... 4,236,200
W.J. Maxey memorial fund.......................................................................................................... 45,000
Juvenile accountability block grant—1.0 FTE positions.............................................................. 1,296,000
Committee on juvenile justice administration—4.0 FTE positions.............................................. 425,300
Committee on juvenile justice grants........................................................................................... 5,000,000
GROSS APPROPRIATION.......................................................................................................... $ 37,492,400
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 7,248,800
Special revenue funds:
Total private revenues................................................................................................................... 45,000
Local funds - state share education funds.................................................................................... 1,197,500
Local funds - county chargeback................................................................................................. 9,861,500
State general fund/general purpose.............................................................................................. $ 19,139,600
Sec. 109. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions..........................................................................5,937.5
Field staff, salaries and wages—5,695.5 FTE positions.............................................................. $ 294,203,500
Contractual services, supplies, and materials............................................................................... 11,771,300
Medical/psychiatric evaluations.................................................................................................... 9,467,600
Donated funds positions—208.0 FTE positions........................................................................... 17,445,600
Training and program support—24.0 FTE positions.................................................................... 3,429,400
Wayne County gifts and bequests................................................................................................ 100,000
Volunteer services and reimbursement......................................................................................... 1,036,100
SSI advocates—10.0 FTE positions............................................................................................. 966,700
GROSS APPROPRIATION.......................................................................................................... $ 338,420,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections............................................................................................ 100,000
Federal revenues:
Total other federal revenues......................................................................................................... 211,101,200
Special revenue funds:
Local funds................................................................................................................................... 2,985,700
Private funds - donated funds....................................................................................................... 5,637,400
Private funds - Wayne County gifts............................................................................................. 100,000
Supplemental security income recoveries.................................................................................... 746,100
State general fund/general purpose.............................................................................................. $ 117,749,800
Sec. 110. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.............................................................................747.4
Disability determination operations—721.9 FTE positions......................................................... $ 110,723,100
Medical consultation program—21.4 FTE positions.................................................................... 2,840,600
Retirement disability determination—4.1 FTE positions............................................................. 847,100
GROSS APPROPRIATION.......................................................................................................... $ 114,410,800
Appropriated from:
Interdepartmental grant revenues:
IDG from DMB - office of retirement systems............................................................................ 1,143,100
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 113,267,700
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 110,491,400
State general fund/general purpose.............................................................................................. $ 2,776,300
Sec. 111. CENTRAL SUPPORT ACCOUNTS
Rent.............................................................................................................................................. $ 47,047,400
Occupancy charge......................................................................................................................... 8,228,800
Travel............................................................................................................................................ 7,216,400
Equipment..................................................................................................................................... 227,300
Worker’s compensation................................................................................................................. 3,363,800
Advisory commissions................................................................................................................. 17,900
Payroll taxes and fringe benefits.................................................................................................. 361,295,600
GROSS APPROPRIATION.......................................................................................................... $ 427,397,200
Appropriated from:
Federal revenues:
Total other federal revenues......................................................................................................... 275,273,300
State general fund/general purpose.............................................................................................. $ 152,123,900
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions...............................................................................33.0
Family independence program..................................................................................................... $ 340,948,600
State disability assistance payments............................................................................................. 27,927,800
Food assistance program benefits................................................................................................. 3,036,402,200
Food assistance program benefits (ARRA).................................................................................. 549,632,400
State supplementation................................................................................................................... 60,489,000
State supplementation administration........................................................................................... 2,681,100
Low-income home energy assistance program............................................................................. 116,451,600
Food bank funding....................................................................................................................... 1,345,000
Homeless programs...................................................................................................................... 11,646,700
Multicultural integration funding................................................................................................. 1,515,500
Chaldean community foundation.................................................................................................. 100,000
Indigent burial.............................................................................................................................. 1,000,000
Emergency services local office allocations................................................................................. 21,615,500
Licensed and registered child development and care................................................................... 99,312,900
Enrolled child development and care........................................................................................... 59,842,800
Day care technology and oversight—26.0 FTE positions............................................................ 2,618,400
Refugee assistance program—7.0 FTE positions......................................................................... 27,910,700
GROSS APPROPRIATION.......................................................................................................... $ 4,361,440,200
Appropriated from:
Federal revenues:
Federal supplemental nutrition assistance revenues (ARRA)...................................................... 549,632,400
Total other federal revenues......................................................................................................... 3,437,813,600
Special revenue funds:
Child support collections.............................................................................................................. 29,145,800
Supplemental security income recoveries.................................................................................... 14,955,900
Public assistance recoupment revenue.......................................................................................... 7,010,000
Michigan merit award trust fund.................................................................................................. 30,100,000
State general fund/general purpose.............................................................................................. $ 292,782,500
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 109,591,500
Child support automation............................................................................................................. 45,578,000
GROSS APPROPRIATION.......................................................................................................... $ 155,169,500
Appropriated from:
Federal revenues:
Total federal revenues................................................................................................................... 105,294,000
State general fund/general purpose.............................................................................................. $ 49,875,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2011-2012 is $1,159,551,000.00 and state spending from state resources to be paid to local units of government for fiscal year 2011-2012 is $107,003,300.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund............................................................................................................................. $ 97,235,600
County juvenile officers............................................................................................................... 3,603,900
State disability assistance payments............................................................................................. 2,286,600
Legal support contracts................................................................................................................ 3,141,000
Child support enforcement operations.......................................................................................... 583,200
Family independence program..................................................................................................... 153,000
TOTAL.......................................................................................................................................... $ 107,003,300
Sec. 202. The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this article:
(a) “AFC” means adult foster care.
(b) “ARRA” means the American recovery and reinvestment act of 2009, Public Law 111-5.
(c) “Children’s rights settlement agreement” means the settlement agreement entered in the case of Dwayne B. vs. Granholm, docket no. 2:06-cv-13548 in the United States district court for the eastern district of Michigan.
(d) “Current fiscal year” means the fiscal year ending September 30, 2012.
(e) “Department” means the department of human services.
(f) “Director” means the director of the department of human services.
(g) “FTE” means full-time equated.
(h) “IDG” means interdepartmental grant.
(i) “JET” means jobs, education, and training program.
(j) “Previous fiscal year” means the fiscal year ending September 30, 2011.
(k) “SSI” means supplemental security income.
(l) “Temporary assistance for needy families” or “TANF” or “title IV-A” means part A of title IV of the social security act, 42 USC 601 to 619.
(m) “Title IV-D” means part D of title IV of the social security act, 42 USC 651 to 669b.
(n) “Title IV-E” means part E of title IV of the social security act, 42 USC 670 to 679c.
Sec. 204. The civil service commission shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 207. (1) Sanctions, suspensions, conditions for provisional license status, and other penalties shall not be more stringent for private service providers than for public entities performing equivalent or similar services.
(2) Neither the department nor private service providers or licensees shall be granted preferential treatment or considered automatically to be in compliance with administrative rules based on whether they have collective bargaining agreements with direct care workers. Private service providers or licensees without collective bargaining agreements shall not be subjected to additional requirements or conditions of licensure based on their lack of collective bargaining agreements.
Sec. 208. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on the Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference should be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 211. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes.
Sec. 212. (1) In addition to funds appropriated in part 1 for all programs and services, there is appropriated for write-offs of accounts receivable, deferrals, and for prior year obligations in excess of applicable prior year appropriations, an amount equal to total write-offs and prior year obligations, but not to exceed amounts available in prior year revenues or current year revenues that are in excess of the authorized amount.
(2) The department’s ability to satisfy appropriation fund sources in part 1 shall not be limited to collections and accruals pertaining to services provided in the current fiscal year, but shall also include reimbursements, refunds, adjustments, and settlements from prior years.
Sec. 213. The department may retain all of the state’s share of food assistance overissuance collections as an offset to general fund/general purpose costs. Retained collections shall be applied against federal funds deductions in all appropriation units where department costs related to the investigation and recoupment of food assistance overissuances are incurred. Retained collections in excess of such costs shall be applied against the federal funds deducted in the executive operations appropriation unit.
Sec. 214. On a bimonthly basis, the department shall report on the number of FTEs in pay status by type of staff.
Sec. 215. If a legislative objective of this article or the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be implemented without loss of federal financial participation because implementation would conflict with or violate federal regulations, the department shall notify the state budget director, the house and senate appropriations committees, and the house and senate fiscal agencies and policy offices of that fact.
Sec. 217. (1) Due to the current budgetary problems in this state, out-of-state travel for the fiscal year ending September 30, 2012 shall be limited to situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the state budget director may grant an exception to allow the travel. Any exceptions granted by the state budget director shall be reported on a monthly basis to the senate and house of representatives standing committees on appropriations.
Sec. 219. (1) The department shall maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
(2) The department may develop and operate its own website to provide this information or may reference the state’s central transparency website as the source for this information.
Sec. 220. The department shall ensure that faith-based organizations are able to apply and compete for services, programs, or contracts that they are qualified and suitable to fulfill. The department shall not disqualify faith-based organizations solely on the basis of the religious nature of their organization or their guiding principles or statements of faith.
Sec. 221. If the revenue collected by the department from private and local sources exceeds the amount spent from amounts appropriated in part 1, the revenue may be carried forward, with approval from the state budget director, into the subsequent fiscal year.
Sec. 222. (1) The department shall report no later than April 1 of the current fiscal year on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the house and senate appropriations subcommittees on the budget for the department, the joint committee on administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the department to adopt a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) “Rule” means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) “Small business” means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.
Sec. 223. The department shall make a determination of Medicaid eligibility not later than 60 days after all information to make the determination is received from the applicant when disability is an eligibility factor. For all other Medicaid applicants, the department shall make a determination of Medicaid eligibility not later than 45 days after all information to make the determination is received from the applicant.
Sec. 224. The department shall approve or deny a Medicaid application for a patient of a nursing home within 45 days after the receipt of the necessary information.
Sec. 230 (1) The department shall convene a work group of all interested parties to evaluate the feasibility of combining the bureau of child and adult licensing with the contract compliance unit into 1 unit.
(2) By April 1, 2012, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the findings of the work group established in subsection (1).
Sec. 231. If TANF contingency funds for the current fiscal year become available, the department shall utilize all TANF contingency funds the state receives to increase the family independence program earned income disregard or for reform measures that will fundamentally improve public assistance programs by emphasizing work. An annual report on the expenditures and programs paid by these TANF contingency funds shall be provided to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices no later than November 1, 2012.
Sec. 250. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of technology, management, and budget. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.
Sec. 251. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 259. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of technology, management, and budget for technology-related services and projects. The user fees shall be subject to provisions of an interagency agreement between the department and agencies and the department of technology, management, and budget.
Sec. 264. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 265. Within 14 days after the release of the executive budget recommendation, the department shall provide the state budget director, the senate and house appropriations chairs, the senate and house appropriations subcommittees on the department budget, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2011 and September 30, 2012.
Sec. 273. (1) The department shall only use money appropriated in section 102 to prepare regulatory reform plans. Money appropriated in part 1 shall not be used to prepare regulatory reform plans or promulgate rules that exceed statutory authority granted to the department. If the department fails to comply with the provisions of section 39(1) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.239, money shall not be expended for the further preparation of that regulatory plan or the promulgation of rules for that regulatory plan.
(2) Money appropriated in part 1 shall not be used to prepare a regulatory plan or promulgate rules that fail to reduce the disproportionate economic impact on small businesses as required in section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) Money appropriated in part 1 shall not be used to prepare a regulatory plan or promulgate rules that grant preferences to private providers of services based on whether that private provider has a collective bargaining agreement with its workers.
Sec. 274. (1) The department, in collaboration with the state budget office, shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices on the day the governor submits to the legislature the budget for the ensuing fiscal year a report on spending and revenue projections for each of the capped federal funds listed below. The report shall contain actual spending and revenue in the previous fiscal year, spending and revenue projections for the current fiscal year as enacted, and spending and revenue projections within the executive budget proposal for the fiscal year beginning October 1, 2012 for each individual line item for the department budget. The report shall also include federal funds transferred to other departments. The capped federal funds shall include, but not be limited to, all of the following:
(a) TANF.
(b) Child care and development funds.
(c) Title XX social services block grant.
(d) Title IV-B part I child welfare services block grant.
(e) Title IV-B part II promoting safe and stable families funds.
(2) By February 15 of the current fiscal year, the department shall prepare an annual report of its efforts to identify additional TANF maintenance of effort sources from all of the following, but not limited to:
(a) Other departments.
(b) Local units of government.
(c) Private sources.
Sec. 279. (1) All contracts relating to human services shall be performance-based contracts that employ a client-centered results-oriented process that is based on measurable performance indicators and desired outcomes and includes the annual assessment of the quality of services provided.
(2) During the annual budget presentation, the department shall provide the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies and policy offices a report detailing measurable performance indicators, desired outcomes, and an assessment of the quality of services provided by the department during the previous fiscal year.
Sec. 284. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this article under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 292. By November 1, 2011, the department shall submit a report to the house and senate appropriations subcommittees on the human services budget and the house and senate fiscal agencies on the number of eligible child care providers by type receiving payment for child care services from the department on October 1, 2011.
Sec. 293. The department may use money from the money appropriated in part 1 to strengthen marriage and family relations through the practice of marriage and family therapy for individuals, families, couples, or groups. The goal of the therapy shall be strengthening families by helping them avoid, eliminate, relieve, manage, or resolve marital or family conflict or discord.
Sec. 294. Money appropriated in part 1 for the statewide automated child welfare information system is contingent upon the approval of an advanced planning document from the administration for children and families. If the necessary matching funds are identified and legislatively transferred to the information and technology services and projects line item for this purpose, any corresponding federal revenue required shall be appropriated at a 50% federal match rate. This appropriation may be designated as a work project under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and carried forward to support completion of this project.
Sec. 296. Not later than November 15, 2012, the department shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies.
Sec. 298. The department shall work toward a new supervisor-to-staff ratio in all department divisions and subdivisions, excluding the supervisor-to-staff ratios required by the children’s rights settlement agreement, of 1 supervisor to 12 staff members.
EXECUTIVE OPERATIONS
Sec. 307. (1) From the money appropriated in part 1 for demonstration projects, $550,000.00 shall be distributed as provided in subsection (2). The amount distributed under this subsection shall not exceed 50% of the total operating expenses of the program described in subsection (2), with the remaining 50% paid by local United Way organizations and other nonprofit organizations and foundations.
(2) Money distributed under subsection (1) shall be distributed to Michigan 2-1-1, a nonprofit corporation organized under the laws of this state that is exempt from federal income tax under section 501(c)(3) of the internal revenue code, 26 USC 501(c)(3), and whose mission is to coordinate and support a statewide 2-1-1 system. Michigan 2-1-1 shall use the money only to fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1 in January 2005.
(3) Michigan 2-1-1 shall report annually to the department and the house and senate standing committees with primary jurisdiction over matters relating to human services and telecommunications on 2-1-1 system performance, including, but not limited to, call volume by community health and human service needs and unmet needs identified through caller data and customer satisfaction metrics.
Sec. 311. The department shall administer licensing and regulation of licensees with the highest priority given to licensing activities that present the highest risk to vulnerable children or adults receiving services of licensees.
ADULT AND FAMILY SERVICES
Sec. 415. (1) If money becomes available in part 1, the department may contract with independent contractors from various counties, including, but not limited to, faith-based and nonprofit organizations. Preference shall be given to independent contractors that provide at least 10% in matching funds, through any combination of local, state, or federal funds or in-kind or other donations. However, an independent contractor that cannot secure matching funds shall not be excluded from consideration for the fatherhood program.
(2) The department may choose providers that will work with counties to help eligible fathers under TANF guidelines to acquire skills that will enable them to increase their responsible behavior toward their children and the mothers of their children. An increase of financial support for their children should be a very high priority as well as emotional support.
(3) A fatherhood initiative program established under this section shall minimally include at least 3 of the following components: promoting responsible, caring, and effective parenting through counseling; mentoring and parental education; enhancing the abilities and commitment of unemployed or low-income fathers to provide material support for their families and to avoid or leave welfare programs by assisting them to take advantage of job search programs, job training, and education to improve their work habits and work skills; improving fathers’ ability to effectively manage family business affairs by means such as education, counseling, and mentoring in household matters; infant care; effective communication and respect; anger management; children’s financial support; and drug-free lifestyle.
(4) The department is authorized to make allocations of TANF funds, of not more than 20% per county, under this section only to agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements.
(5) Upon receipt of the promotion of responsible fatherhood funds from the United States department of health and human services, the department shall use the program criteria set forth in subsection (3) to implement the program with the federal funds.
Sec. 416. (1) If money becomes available in part 1, the department may contract with independent contractors from various counties, including, but not limited to, faith-based and nonprofit organizations. Preference shall be given to independent contractors that provide at least 10% in matching funds, through any combination of local, state, or federal funds or in-kind or other donations. However, an independent contractor that cannot secure matching funds shall not be excluded from consideration for a marriage initiative program.
(2) The department may choose providers to work with counties that will work to support and strengthen marriages of those eligible under the TANF guidelines. The areas of work may include, but are not limited to, marital counseling, domestic violence counseling, family counseling, effective communication, and anger management as well as parenting skills to improve the family structure.
(3) A marriage initiative program established under this section may include, but is not limited to, 1 or more of the following: public advertising campaigns on the value of marriage and the skills needed to increase marital stability and health; education in high schools on the value of marriage, relationship skills, and budgeting; premarital, marital, family, and domestic violence counseling; effective communication; marriage mentoring programs which use married couples as role models and mentors in at-risk communities; anger management; and parenting skills to improve the family structure.
(4) The department is authorized to make allocations of TANF funds, of not more than 20% per county, under this section only to agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements.
(5) Upon receipt of the healthy marriage promotion grant from the United States department of health and human services, the department shall use the program criteria set forth in subsection (3) to implement the program with the federal funds.
Sec. 423. From the money appropriated in part 1 for elder law of Michigan MiCAFE contract, the department shall allocate not less than $100,000.00 to the elder law of Michigan MiCAFE to assist this state’s elderly population to participate in the food assistance program. The money may be used as state matching funds to acquire available United States department of agriculture funding to provide outreach program activities, such as eligibility screen and information services, as part of a statewide food stamp hotline.
Sec. 425. The department shall implement administrative efforts, either through policy change or proposed legislation, to reduce waste, fraud, and abuse within the employment support services program, including, but not limited to, revisions to current policy on car repair and car purchase payments.
CHILDREN’S SERVICES
Sec. 501. A goal is established that not more than 35% of all children in foster care at any given time during the current fiscal year will have been in foster care for 24 months or more. During the annual budget presentation, the department shall provide a report describing the steps that will be taken to achieve the specific goal established in this section.
Sec. 505. By March 1, 2012, the department and Wayne County shall provide to the senate and house appropriations committees on the department budget and the senate and house fiscal agencies and policy offices a report for youth served in the previous fiscal year and in the first quarter of the current fiscal year outlining the number of youth served within each juvenile justice system, the type of setting for each youth, performance outcomes, and financial costs or savings.
Sec. 507. The department’s ability to satisfy appropriation deducts in part 1 for foster care private collections shall not be limited to collections and accruals pertaining to services provided only in the current fiscal year but may include revenues collected during the current fiscal year for services provided in prior fiscal years.
Sec. 508. (1) In addition to the amount appropriated in part 1 for children’s trust fund grants, money granted or money received as gifts or donations to the children’s trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is appropriated for expenditure.
(2) The department and the child abuse neglect and prevention board shall collaborate to ensure that administrative delays are avoided and the local grant recipients and direct service providers receive money in an expeditious manner. The department and board shall seek to have the children’s trust fund grants distributed no later than October 31 of the current fiscal year.
Sec. 513. (1) The department shall not expend money appropriated in part 1 to pay for the direct placement by the department of a child in an out-of-state facility unless all of the following conditions are met:
(a) There is no appropriate placement available in this state as determined by the department interstate compact office.
(b) An out-of-state placement exists that is nearer to the child’s home than the closest appropriate in-state placement as determined by the department interstate compact office.
(c) The out-of-state facility meets all of the licensing standards of this state for a comparable facility.
(d) The out-of-state facility meets all of the applicable licensing standards of the state in which it is located.
(e) The department has done an on-site visit to the out-of-state facility, reviewed the facility records, reviewed licensing records and reports on the facility, and believes that the facility is an appropriate placement for the child.
(2) The department shall not expend money for a child placed in an out-of-state facility without approval of the deputy director for children’s services. The department shall notify the appropriate state agency in that state including the name of the out-of-state provider who accepted the placement.
(3) The department shall submit a report by February 1 of each year on the number of children who were placed in out-of-state facilities during the previous fiscal year, the number of Michigan children residing in such facilities at the time of the report, the total cost and average per diem cost of these out-of-state placements to this state, and a list of each such placement arranged by the Michigan county of residence for each child.
Sec. 514. The department shall make a comprehensive report concerning children’s protective services (CPS) to the legislature, including the senate and house policy offices and the state budget director, by January 1 of the current fiscal year, that shall include all of the following:
(a) Statistical information including, at a minimum, all of the following:
(i) The total number of reports of abuse or neglect investigated under the child protection law, 1975 PA 238, MCL 722.621 to 722.638, and the number of cases classified under category I or category II and the number of cases classified under category III, category IV, or category V.
(ii) Characteristics of perpetrators of abuse or neglect and the child victims, such as age, relationship, race, and ethnicity and whether the perpetrator exposed the child victim to drug activity, including the manufacture of illicit drugs, that exposed the child victim to substance abuse, a drug house, or methamphetamine.
(iii) The mandatory reporter category in which the individual who made the report fits, or other categorization if the individual is not within a group required to report under the child protection law, 1975 PA 238, MCL 722.621 to 722.638.
(iv) The number of cases that resulted in the separation of the child from the parent or guardian and the period of time of that separation, up to and including termination of parental rights.
(v) For the reported complaints of abuse or neglect by teachers, school administrators, and school counselors, the number of cases classified under category I or category II and the number of cases classified under category III, category IV, or category V.
(vi) For the reported complaints of abuse or neglect by teachers, school administrators, and school counselors, the number of cases that resulted in separation of the child from the parent or guardian and the period of time of that separation, up to and including termination of parental rights.
(b) New policies related to children’s protective services including, but not limited to, major policy changes and court decisions affecting the children’s protective services system during the immediately preceding 12-month period.
(c) The information contained in the report required under section 8d(5) of the child protection law, 1975 PA 238, MCL 722.628d, on cases classified under category III.
(d) The department policy, or changes to the department policy, regarding children who have been exposed to the production or manufacture of methamphetamines.
Sec. 523. (1) By March 15 of the current fiscal year, the department shall report on family preservation programs for which money is appropriated in part 1 to the senate and house appropriations subcommittees on the department budget. The report shall contain all of the following for each program:
(a) The average cost per recipient served.
(b) Measurable performance indicators.
(c) Desired outcomes or results and goals that can be measured on an annual basis, or desired results for a defined number of years.
(d) Monitored results.
(e) Innovations that may include savings or reductions in administrative costs.
(2) If money becomes available in part 1 for youth in transition and domestic violence prevention and treatment, the department is authorized to make allocations of TANF funds only to agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements.
Sec. 532. (1) The department, in collaboration with representatives of private child and family agencies, shall revise and improve the annual licensing review process and the annual contract compliance review process for child placing agencies and child caring institutions. The improvement goals shall be safety and care for children. Improvements to the review process shall be directed toward alleviating administrative burdens so that agency resources may be focused on children. The revision shall include identification of duplicative staff activities and information sought from child placing agencies and child caring institutions in the annual review process. The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget director on or before January 15 of the current fiscal year on the findings of the annual licensing review.
(2) The department shall conduct licensing reviews no more than once every 2 years for child placing agencies and child caring institutions that are nationally accredited and have no outstanding violations.
Sec. 533. (1) The department shall make payments to child placing facilities for out-of-home care services within 30 days of receiving all necessary documentation from those agencies.
(2) The department shall explore various types of automated payments to private nonprofit child placing facilities to improve speed and accuracy of payments.
(3) The department shall provide a report on the activities under this section by October 1, 2012.
Sec. 536. (1) The department shall place all children within their own county or within a 75-mile radius of the home from which the child entered custody, whichever is greater, unless 1 or more of the following applies:
(a) The child’s needs are so exceptional that they cannot be met by a family or facility within the county or 75-mile radius.
(b) The child needs re-placement and the child’s permanency goal is to be returned to his or her parents who at the time reside out of the county or 75-mile radius.
(c) The child is to be placed with a relative out of the county or 75-mile radius.
(d) The child is to be placed in an appropriate preadoptive or adoptive home that is out of the county or 75-mile radius.
(2) If placement outside the county or 75-mile radius is made, either of the following applies:
(a) In a “designated county”, as defined in section IV.A.3 of the children’s rights settlement agreement, the county administrator of children’s services shall be specifically required to certify the circumstances supporting the placement in writing, based on his or her own examination of the circumstances and the child’s needs and best interests.
(b) In any other county, the children’s services field manager shall be specifically required to certify the circumstances supporting the placement in writing, based on his or her own examination of the circumstances and the child’s needs and best interests.
Sec. 537. The department, in collaboration with child placing agencies, shall develop a strategy to implement section 115o of the social welfare act, 1939 PA 280, MCL 400.115o. The strategy shall include a requirement that a department caseworker responsible for preparing a recommendation to a court concerning a juvenile placement shall provide, as part of the recommendation, information regarding the requirements of section 115o of the social welfare act, 1939 PA 280, MCL 400.115o.
Sec. 539. The department shall work in collaboration with representatives from child placing agencies to ensure appropriate placement for children who have been adjudicated abused, neglected, or delinquent and for whom residential treatment is required. The department and the representatives from the child placing agencies shall focus on statewide placement criteria to address the best interests of the child in need of services. The placement criteria shall include a continuum of care settings and options as appropriate for each child and his or her needs at specific times, including home placements, relative placements, shelter placements, and other options.
Sec. 546. (1) From the money appropriated in part 1 for foster care payments and from child care fund, the department shall pay providers of foster care services not less than a $37.00 administrative rate.
(2) From the funds appropriated in part 1 for foster care payments and from child care fund, the department shall pay providers of general independent living services not less than a $28.00 administrative rate. For specialized independent living services, the administrative rate paid shall be reduced by 50% of the difference between the general independent living administrative rate and the specialized independent living rate paid in the fiscal year ending September 30, 2009.
Sec. 556. (1) The department shall submit a quarterly report by February 1, May 1, August 1, and November 1 of each fiscal year to the chairpersons of the senate and house appropriations committees, the senate and house fiscal agencies, and the senate and house policy offices that includes all of the following:
(a) A description of how the department is complying with federal requirements to notify prospective adoptive parents about adoption subsidies for which those prospective adoptive parents may qualify.
(b) The number of requests received by the department from adoptive parents for money or reimbursement of costs to attend conferences that include training or discussion of significant adoption issues, the proportion of these requests approved by the department, and the total annual expenditure for approved requests.
(c) The number of fair hearing requests from adoptive parents received by the department challenging the amount of the adoption subsidy, broken down by the stated reason for the challenge.
(d) The number of adoption subsidy payments suspended when the child is still in the custody of the adoptive parent, but no longer in the physical care of the adoptive parent.
(2) From the money appropriated in part 1 for adoption subsidies, $4,250,000.00 in state general fund/general purpose revenues shall not be expended until the department provides proposed legislation to the senate and house standing committees with primary jurisdiction over matters relating to human services, the senate and house appropriations subcommittees on the department budget, senate and house fiscal agencies, and senate and house policy offices that would allow adoptive parents up to 1 year after an adoption has been finalized to submit a request to revise the determination of care supplement for an adopted child who has previously existing special needs or request a new determination.
(3) The department shall provide an annual report to the subcommittees of the senate and house appropriation committees on the department budget with the number of complaints filed by adoptive parents who were not notified that their adopted child had special needs.
Sec. 570. From the money appropriated in part 1 for the guardianship assistance program, the department shall provide assistance under this program to children who are eligible under section 3 of the guardianship assistance act, 2008 PA 260, MCL 722.873.
Sec. 574. (1) From the money appropriated in part 1 for foster care payments, $2,500,000.00 is allocated to support contracts with child placing agencies to facilitate the licensure of relative caregivers as foster parents. Agencies shall receive $2,300.00 for each facilitated licensure. The agency facilitating the licensure would retain the placement and continue to provide case management services for at least 50% of the newly licensed cases for which the placement was appropriate to the agency. Up to 50% of the newly licensed cases would have direct foster care services provided by the department.
(2) From the money appropriated for foster care payments, $375,000.00 is allocated to support family incentive grants to private and community-based foster care service providers to assist with home improvements or payment for physical exams for applicants needed by foster families to accommodate foster children.
Sec. 578. The department and child placing agencies shall utilize a standardized assessment tool to ensure greater cooperation between the department and the department of community health and to measure the mental health treatment needs of every child supervised by the department. The department shall use the results of this assessment process to determine the best placement and the best mental health services to be provided for the child while under department supervision.
Sec. 580. The department and the department of community health shall initiate efforts to identify mental health programs and activities where the services of the 2 departments overlap, or are uncoordinated. The goal shall be to provide adequate and stable mental health services which address the need of the individual child without duplicative, confusing, or needlessly complex services. The department shall report on these coordination efforts with the department of community health during the annual budget presentations to the senate and house appropriations subcommittees with jurisdiction over the department budget.
Sec. 583. By February 1 of the current fiscal year, the department, in conjunction with the legislature, shall carry out a work group to determine what caused individuals participating as foster parents during the previous fiscal year to drop out of the program. The department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices a report detailing the work group findings as well as the number of individuals participating as foster parents during the previous fiscal year who dropped out of the program.
Sec. 585. (1) The department shall allow private nationally accredited foster care and adoption agencies to conduct their own staff training, based on current department policies and procedures, provided that the agency trainer and training materials are accredited by the department and that the agency documents to the department that the training was provided. The department shall provide access to any training materials requested by the private agencies to facilitate this training.
(2) By November 1, 2012, the department shall post on the department’s website a list of all relevant departmental training materials available to private child placing agencies that are allowed to conduct their own training in accordance with this section. The department shall also provide to private child placing agencies that are allowed to conduct their own training any updated training materials as they become available.
Sec. 588. (1) Concurrent with public release, the department shall transmit all reports from the court-appointed settlement monitor, including, but not limited to, the needs assessment and period outcome reporting, to the state budget office, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies, without revision.
(2) The department shall report monthly to the state budget office, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies, on the number of children enrolled in the guardianship assistance and foster care - children with serious emotional disturbance waiver programs.
Sec. 589. From the money appropriated in part 1 to facilitate the transfer of foster care cases currently under department supervision from department supervision to private child placing agency supervision, the department shall not transfer any foster care cases that require a county contribution to the private agency administrative rate.
PUBLIC ASSISTANCE
Sec. 601. Whenever a client agrees to the release of his or her name and address to the local housing authority, the department shall request from the local housing authority information regarding whether the housing unit for which vendoring has been requested meets applicable local housing codes. Vendoring shall be terminated for those units that the local authority indicates in writing do not meet local housing codes until such time as the local authority indicates in writing that local housing codes have been met.
Sec. 603. (1) The department, as it determines is appropriate, shall enter into agreements with energy providers by which cash assistance recipients and the energy providers agree to permit the department to make direct payments to the energy providers on behalf of the recipient. The payments may include heat and electric payment requirements from recipient grants and amounts in excess of the payment requirements.
(2) The department shall establish caps for natural gas, wood, electric heat service, deliverable fuel heat services, and for electric service based on available federal funds.
(3) The department shall review and adjust the standard utility allowance for the state food assistance program to ensure that it reflects current energy costs in the state.
(4) Payments under this section shall be made directly to service providers and not to the individuals who are receiving the assistance.
Sec. 604. (1) The department shall operate a state disability assistance program. Except as provided in subsection (3), persons eligible for this program shall include needy citizens of the United States or aliens exempted from the supplemental security income citizenship requirement who are at least 18 years of age or emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social security, or medical assistance due to disability or 65 years of age or older.
(b) A person with a physical or mental impairment which meets federal supplemental security income disability standards, except that the minimum duration of the disability shall be 90 days. Substance abuse alone is not defined as a basis for eligibility.
(c) A resident of an adult foster care facility, a home for the aged, a county infirmary, or a substance abuse treatment center.
(d) A person receiving 30-day postresidential substance abuse treatment.
(e) A person diagnosed as having acquired immunodeficiency syndrome.
(f) A person receiving special education services through the local intermediate school district.
(g) A caretaker of a disabled person who meets the requirements specified in subdivision (a), (b), (e), or (f).
(2) Applicants for and recipients of the state disability assistance program shall be considered needy if they:
(a) Meet the same asset test as is applied for the family independence program.
(b) Have a monthly budgetable income that is less than the payment standards.
(3) Except for a person described in subsection (1)(c) or (d), a person is not disabled for purposes of this section if his or her drug addiction or alcoholism is a contributing factor material to the determination of disability. “Material to the determination of disability” means that, if the person stopped using drugs or alcohol, his or her remaining physical or mental limitations would not be disabling. If his or her remaining physical or mental limitations would be disabling, then the drug addiction or alcoholism is not material to the determination of disability and the person may receive state disability assistance. Such a person must actively participate in a substance abuse treatment program, and the assistance must be paid to a third party or through vendor payments. For purposes of this section, substance abuse treatment includes receipt of inpatient or outpatient services or participation in alcoholics anonymous or a similar program.
(4) A refugee or asylee who loses his or her eligibility for the federal supplemental security income program by virtue of exceeding the maximum time limit for eligibility as delineated in 8 USC 1612 and who otherwise meets the eligibility criteria under this section shall be eligible to receive benefits under the state disability assistance program.
Sec. 605. The level of reimbursement provided to state disability assistance recipients in licensed adult foster care facilities shall be the same as the prevailing supplemental security income rate under the personal care category.
Sec. 606. County department offices shall require each recipient of family independence program and state disability assistance who has applied with the social security administration for supplemental security income to sign a contract to repay any assistance rendered through the family independence program or state disability assistance program upon receipt of retroactive supplemental security income benefits.
Sec. 607. (1) The department’s ability to satisfy appropriation deductions in part 1 for state disability assistance/supplemental security income recoveries and public assistance recoupment revenues shall not be limited to recoveries and accruals pertaining to state disability assistance, or family independence assistance grant payments provided only in the current fiscal year, but may include revenues collected during the current year that are prior year related and not a part of the department’s accrued entries.
(2) The department may use supplemental security income recoveries to satisfy the deduct in any line in which the revenues are appropriated, regardless of the source from which the revenue is recovered.
Sec. 608. Adult foster care facilities providing domiciliary care or personal care to residents receiving supplemental security income or homes for the aged serving residents receiving supplemental security income shall not require those residents to reimburse the home or facility for care at rates in excess of those legislatively authorized. To the extent permitted by federal law, adult foster care facilities and homes for the aged serving residents receiving supplemental security income shall not be prohibited from accepting third-party payments in addition to supplemental security income provided that the payments are not for food, clothing, shelter, or result in a reduction in the recipient’s supplemental security income payment.
Sec. 609. The state supplementation level under the supplemental security income program for the personal care/adult foster care and home for the aged categories shall not be reduced during the current fiscal year. The legislature shall be notified not less than 30 days before any proposed reduction in the state supplementation level.
Sec. 610. (1) In developing good cause criteria for the state emergency relief program, the department shall grant exemptions if the emergency resulted from unexpected expenses related to maintaining or securing employment.
(2) For purposes of determining housing affordability eligibility for state emergency relief, a group is considered to have sufficient income to meet ongoing housing expenses if their total housing obligation does not exceed 75% of their total net income.
(3) State emergency relief payments shall not be made to individuals who have been found guilty of fraud in regard to obtaining public assistance.
(4) State emergency relief payments shall not be made available to persons who are out-of-state residents or illegal immigrants.
(5) State emergency relief payments for rent assistance shall be distributed directly to landlords and shall not be added to Michigan bridge cards.
Sec. 613. The department shall provide reimbursements for the final disposition of indigent persons if the deceased’s remains have not been claimed by a person having the right to control the disposition of the body regardless of whether there is no person with that right, the person cannot be located, or the person fails or refuses to exercise that right. The maximum allowable reimbursement for the final disposition shall be $800.00. In addition, reimbursement for a cremation permit fee of up to $75.00 and for mileage at the standard rate will also be made available for an eligible cremation. The reimbursements under this section shall be used for disposal by cremation unless the deceased’s expressed religious preference prohibits cremation.
Sec. 614. The funds available in part 1 for burial services shall be available if the deceased was an eligible recipient and an application for emergency relief funds was made within 10 business days of the burial or cremation of the deceased person. Each provider of burial services shall be paid directly by the department.
Sec. 615. Except as required by federal law or regulations, funds appropriated in part 1 shall not be used to provide public assistance to a person who is an illegal alien. This section shall not prohibit the department from entering into contracts with food banks, emergency shelter providers, or other human services agencies who may, as a normal part of doing business, provide food or emergency shelter.
Sec. 619. (1) Subject to subsection (2), the department shall exempt from the denial of title IV-A assistance and food assistance benefits under 21 USC 862a any individual who has been convicted of a felony that included the possession, use, or distribution of a controlled substance, after August 22, 1996, provided that the individual is not in violation of his or her probation or parole requirements. Benefits shall be provided to such individuals as follows:
(a) A third-party payee or vendor shall be required for any cash benefits provided.
(b) An authorized representative shall be required for food assistance receipt.
(2) Subject to federal approval, an individual is not entitled to the exemption in this section if the individual was convicted in 2 or more separate cases of a felony that included the possession, use, or distribution of a controlled substance after August 22, 1996.
Sec. 620. The department shall establish a work group to explore if privatization of Medicaid eligibility determination would lead to increased efficiencies and budgetary savings. The work group shall include, but not be limited to, the department and members of the legislature.
Sec. 643. As a condition of receipt of federal TANF funds, homeless shelters and human services agencies shall collaborate with the department to obtain necessary TANF eligibility information on families as soon as possible after admitting a family to the homeless shelter. From the funds appropriated in part 1 for homeless programs, the department is authorized to make allocations of TANF funds only to the agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. Homeless shelters or human services agencies that do not report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements will not receive reimbursements which exceed the per diem amount they received in fiscal year 2000. The use of TANF funds under this section should not be considered an ongoing commitment of funding.
Sec. 644. The department shall prioritize the money appropriated in part 1 for homeless programs to support regional homeless shelters that offer wraparound services in cases where shelters have a lower cost per night than an alternative emergency shelter.
Sec. 645. An individual or family is considered homeless, for purposes of eligibility for state emergency relief, if living temporarily with others in order to escape domestic violence. For purposes of this section, domestic violence is defined and verified in the same manner as in the department’s policies on good cause for not cooperating with child support and paternity requirements.
Sec. 653. From the funds appropriated in part 1 for food assistance, an individual who is the victim of domestic violence and does not qualify for any other exemption may be exempt from the 3-month in 36-month limit on receiving food assistance under 7 USC 2015. This exemption can be extended an additional 3 months upon demonstration of continuing need.
Sec. 660. From the funds appropriated in part 1 for food bank funding, the department is authorized to make allocations of TANF funds only to the agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. The agencies that do not report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements will not receive allocations in excess of those received in fiscal year 2000. The use of TANF funds under this section should not be considered an ongoing commitment of funding.
Sec. 669. The department shall allocate up to $2,880,000.00 for the annual clothing allowance. The allowance shall be granted to all eligible children in a family independence program group that does not include an adult.
Sec. 670. By March 1 of the current fiscal year, the department shall submit a report to the house and senate subcommittees on the department budget and house and senate fiscal agencies and policy offices regarding child development and care program activities in the previous fiscal year. The report shall include the following:
(a) The amount of child care payments made by the parents for child care charges, by provider type, not paid by the department’s child development and care subsidy.
(b) The number of enrolled child care providers with a reported annual household income of $15,000.00 or less.
(c) The number of enrolled child care providers with a reported annual household income of more than $15,000.00 but not more than $25,000.00.
(d) The number of enrolled child care providers with a reported annual household income of more than $25,000.00 but not more than $35,000.00.
(e) The number of enrolled child care providers with a reported annual household income of more than $35,000.00.
Sec. 672. (1) The department’s office of inspector general shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by May 1 of the current fiscal year on department efforts to reduce inappropriate use of Michigan bridge cards. The department shall provide information on the number of recipients of services who used their electronic benefit transfer card inappropriately and the current status of each case.
(2) As used in this section, “inappropriate use” means not used to meet a family’s ongoing basic needs, including food, clothing, shelter, utilities, household goods, personal care items, and general incidentals.
Sec. 673. (1) The department shall immediately send notification to a client participating in the state child development and care program and his or her child care provider if the client’s eligibility is reduced or eliminated.
(2) If the department fails to notify a provider as required by subsection (1), the department shall continue to pay for services by the provider to the day of the notice.
(3) By March 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees for the department budget and the senate and house fiscal agencies and policy offices on any additional expenditures paid to child care providers as a result of the requirements in subsection (2).
Sec. 677. The department shall establish a state goal for the percentage of family independence program (FIP) cases involved in employment activities. The percentage established shall not be less than 50%. On a quarterly basis, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget director on the current percentage of FIP cases involved in JET employment activities and an estimate of the current percentage of FIP cases that meet federal work participation requirements. If the FIP case percentage is below the goal for more than 2 consecutive quarters, the department shall develop a plan to increase the percentage of FIP cases involved in employment-related activities. The department shall deliver the plan during the next annual budget presentation to the senate and house appropriations subcommittees on the department budget.
Sec. 680. (1) It is the intent of the legislature that the department achieve $10,000,000.00 in savings through the child development and care program by revising the maximum number of reimbursable hours per recipient.
(2) It is the intent of the legislature that the department achieve $5,000,000.00 in savings through the child development and care program by improving the error rates for income verification and income eligibility.
Sec. 686. (1) The department shall ensure that program policy requires caseworkers to confirm that individuals presenting personal identification issued by another state seeking assistance through the family independence program, food assistance program, state disability assistance program, or medical assistance program are not receiving benefits from any other state.
(2) The department shall require caseworkers to confirm the address provided by any individual seeking family independence program benefits or state disability assistance benefits.
(3) The department shall prohibit individuals with property assets assessed at a value higher than $500,000.00 from accessing assistance through department-administered programs, unless such a prohibition would violate federal rules and guidelines.
(4) The department shall require caseworkers to obtain an up-to-date telephone number during the eligibility determination or redetermination process for individuals seeking medical assistance benefits. On a monthly basis, the department shall provide the department of community health an updated list of telephone numbers for medical assistance recipients.
Sec. 696. From the money appropriated in part 1, the department shall allocate $100,000.00 to the Chaldean community foundation. This money shall be utilized to provide translation services, health care services, youth tutoring and mentoring programs, and refugee resettlement services.
JUVENILE JUSTICE SERVICES
Sec. 706. Counties shall be subject to 50% chargeback for the use of alternative regional detention services, if those detention services do not fall under the basic provision of section 117e of the social welfare act, 1939 PA 280, MCL 400.117e, or if a county operates those detention services programs primarily with professional rather than volunteer staff.
Sec. 707. In order to be reimbursed for child care fund expenditures, counties are required to submit department-developed reports to enable the department to document potential federally claimable expenditures. This requirement is in accordance with the reporting requirements specified in section 117a(7) of the social welfare act, 1939 PA 280, MCL 400.117a.
Sec. 708. (1) As a condition of receiving money appropriated in part 1 for the child care fund line item, by December 15 of the current fiscal year, counties shall have an approved service spending plan for the current fiscal year. Counties must submit the service spending plan to the department by October 1 of the current fiscal year for approval. The department shall approve within 30 calendar days after receipt a properly completed service plan that complies with the requirements of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(2) The department shall provide a report on the number of counties that fail to submit a service spending plan by October 1 of the current fiscal year. The report shall be submitted to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices by December 15 of the current fiscal year.
Sec. 710. The department, the county of Wayne, and the third circuit court may rewrite the memorandum of understanding (MOU) that permits the county of Wayne to manage its juvenile justice system so that the MOU takes into account all interested parties, including, but not limited to, the legislature.
Sec. 717. (1) The department shall contract using private revenues with the Michigan public health institute to conduct a behavioral health study of juvenile justice facilities operated or contracted for by the state. The study shall utilize diagnostic clinical interviews with and records reviews for a representative random sample of juvenile justice system detainees to develop a report on each of the following:
(a) The proportion of juvenile justice detainees with a primary diagnosis of emotional disorder, the percentage of those detainees considered to currently require mental health treatment, and the proportion of those detainees currently receiving mental health services, including a description and breakdown, encompassing, at a minimum, the categories of inpatient, residential, and outpatient care, of the type of mental health services provided to those detainees.
(b) The proportion of juvenile justice detainees with a primary diagnosis of addiction disorder, the percentage of those detainees considered to currently require substance abuse treatment, and the proportion of those detainees currently receiving substance abuse services, including a description and breakdown, encompassing, at a minimum, the categories of residential and outpatient care, of the type of substance abuse services provided to those detainees.
(c) The proportion of juvenile justice detainees with a dual diagnosis of emotional disorder and addiction disorder, the percentage of those detainees considered to currently require treatment for their condition, and the proportion of those detainees currently receiving that treatment, including a description and breakdown, encompassing, at a minimum, the categories of mental health inpatient, mental health residential, mental health outpatient, substance abuse residential, and substance abuse outpatient, of the type of treatment provided to those detainees.
(d) Data indicating whether juvenile justice detainees with a primary diagnosis of emotional disorder, a primary diagnosis of addiction disorder, and a dual diagnosis of emotional disorder and addiction disorder were previously hospitalized in a state psychiatric hospital for persons with mental illness. These data shall be broken down according to each of these 3 respective categories.
(e) Data indicating whether and with what frequency juvenile justice detainees with a primary diagnosis of emotional disorder, a primary diagnosis of addiction disorder, and a dual diagnosis of emotional disorder and addiction disorder have been detained previously. These data shall be broken down according to each of these 3 respective categories.
(f) Data classifying the types of offenses historically committed by juvenile justice detainees with a primary diagnosis of emotional disorder, a primary diagnosis of addiction disorder, and a dual diagnosis of emotional disorder and addiction disorder. These data shall be broken down according to each of these 3 respective categories.
(g) Data indicating whether juvenile justice detainees have previously received services managed by a community mental health program or substance abuse coordinating agency. These data shall be broken down according to the respective categories of detainees with a primary diagnosis of emotional disorder, a primary diagnosis of addiction disorder, and a dual diagnosis of emotional disorder and addiction disorder.
(2) The report referenced under subsection (1) would be provided not later than June 30 of the current fiscal year to the senate and house appropriations subcommittees on human services, the senate and house fiscal agencies and policy offices, and the state budget director.
Sec. 719. The department shall notify the legislature at least 30 days before closing or making any change in the status, including the licensed bed capacity and operating bed capacity, of a state juvenile justice facility.
Sec. 724. The department shall establish a work group to study the feasibility of contracting out the juvenile justice secure treatment beds for males and females operated by the department’s bureau of juvenile justice to private nonprofit child caring institutions that are nationally accredited and licensed in this state. The work group shall include, but not be limited to, the department, members of the house and senate appropriations subcommittees on the department budget, and representatives of 2 statewide organizations whose members consist of private nonprofit child caring institutions.
LOCAL OFFICE SERVICES
Sec. 750. The department shall maintain out-stationed eligibility specialists in community-based organizations, community mental health agencies, nursing homes, and hospitals unless a community-based organization, community mental health agency, nursing home, or hospital requests that the program be discontinued at its facility.
Sec. 753. By January 1, 2012, the department shall implement the recommendations of the 2004 public private partnership initiative’s training committee to define, design, and implement a train-the-trainer program to certify private agency staff to deliver child welfare staff training, explore the use of e-learning technologies, and include consumers in the design and implementation of training. The intent of the legislature is to reduce training and travel costs for both the department and the private agencies. The department shall report no later than December 1 of the current fiscal year on each specific policy change made to implement enacted legislation and the plans to implement the recommendations, including timelines, to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on human services matters, the senate and house fiscal agencies and policy offices, and the state budget director.
CHILD SUPPORT ENFORCEMENT
Sec. 901. (1) The appropriations in part 1 assume a total federal child support incentive payment of $26,500,000.00.
(2) From the federal money received for child support incentive payments, $12,000,000.00 shall be retained by the state and expended for child support program expenses.
(3) From the federal money received for child support incentive payments, $14,500,000.00 shall be paid to the counties based on each county’s performance level for each of the federal performance measures as established in 45 CFR 305.2.
(4) If the child support incentive payment to the state from the federal government is greater than $26,500,000.00, then 100% of the excess shall be retained by the state and is appropriated until the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive payment to the state from the federal government is greater than the amount needed to satisfy the provisions identified in subsections (1), (2), (3), and (4), the additional funds shall be subject to appropriation by the legislature.
(6) If the child support incentive payment to the state from the federal government is less than $26,500,000.00, then the state and county share shall each be reduced by 50% of the shortfall.
Sec. 909. (1) If statewide retained child support collections exceed $38,300,000.00, 75% of the amount in excess of $38,300,000.00 is appropriated to legal support contracts. This excess appropriation may be distributed to eligible counties to supplement and not supplant county title IV-D funding.
(2) Each county whose retained child support collections in the current fiscal year exceed its fiscal year 2004-2005 retained child support collections, excluding tax offset and financial institution data match collections in both the current year and fiscal year 2004-2005, shall receive its proportional share of the 75% excess.
Sec. 910. (1) If title IV-D-related child support collections are escheated, the state budget director is authorized to adjust the sources of financing for the funds appropriated in part 1 for legal support contracts to reduce federal authorization by 66% of the escheated amount and increase general fund/general purpose authorization by the same amount. This budget adjustment is required to offset the loss of federal revenue due to the escheated amount being counted as title IV-D program income in accordance with federal regulations at 45 CFR 304.50.
(2) The department shall notify the chairs of the house and senate appropriations subcommittees on the department budget and the house and senate fiscal agencies within 15 days of the authorization adjustment in subsection (1).
COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Sec. 1103. (1) The department shall establish a work group to develop a more efficient way to administer state emergency relief, low income home energy assistance program, and weatherization. The work group shall include, but not be limited to, the department and members of the legislature.
(2) By April 1, 2012, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the findings of the work group established in subsection (1).
Sec. 1105. The department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office by February 1 of the current fiscal year on the number of homes, the approximate value of each home, and the square footage of each home weatherized through the appropriations in section 104 during the preceding quarter of the calendar year.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2013 for the line items listed in part 1. The fiscal year 2012-2013 appropriations are anticipated to be the same as those for fiscal year 2011-2012, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2012 consensus revenue estimating conference.
ARTICLE XI
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2011-2012
Sec. 101. Subject to the conditions set forth in this article, the amounts listed in this part are appropriated for the judicial branch for the fiscal year ending September 30, 2012, from the funds indicated in this part. The following is a summary of the appropriations in this part:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions.............................................................................491.0
GROSS APPROPRIATION.......................................................................................................... $ 256,973,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 3,573,500
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 253,399,700
Federal revenues:
Total federal revenues................................................................................................................... 5,539,500
Special revenue funds:
Total local revenues...................................................................................................................... 6,342,700
Total private revenues................................................................................................................... 842,500
Total other state restricted revenues............................................................................................. 88,140,700
State general fund/general purpose.............................................................................................. $ 152,534,300
Sec. 102. SUPREME COURT
Full-time equated exempted positions.............................................................................243.0
Supreme court administration—97.0 FTE positions.................................................................... $ 11,184,900
Judicial institute—13.0 FTE positions......................................................................................... 1,979,000
State court administrative office—60.0 FTE positions................................................................ 10,548,900
Judicial information systems—22.0 FTE positions...................................................................... 3,174,700
Direct trial court automation support—36.0 FTE positions......................................................... 6,342,700
Foster care review board—12.0 FTE positions............................................................................ 1,289,800
Community dispute resolution—3.0 FTE positions..................................................................... 2,335,500
Other federal grants...................................................................................................................... 275,100
Drug treatment courts................................................................................................................... 7,133,000
Community court pilot project..................................................................................................... 20,000
GROSS APPROPRIATION.......................................................................................................... $ 44,283,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police........................................................................................... 1,800,000
IDG from department of corrections............................................................................................ 1,050,000
IDG from state police - Michigan justice training fund.............................................................. 300,000
Federal revenues:
DOJ, victims assistance programs................................................................................................ 50,000
DOJ, drug court training and evaluation...................................................................................... 300,000
DOT, national highway traffic safety administration................................................................... 1,300,000
HHS, access and visitation grant.................................................................................................. 550,000
HHS, children’s justice grant....................................................................................................... 206,300
HHS, court improvement project.................................................................................................. 1,160,000
HHS, title IV-D child support program........................................................................................ 907,700
HHS, title IV-E foster care program............................................................................................ 540,400
Other federal grant revenues........................................................................................................ 275,100
Special revenue funds:
Local - user fees........................................................................................................................... 6,342,700
Private........................................................................................................................................... 169,000
Private - interest on lawyers trust accounts.................................................................................. 232,700
Private - state justice institute...................................................................................................... 370,800
Community dispute resolution fund............................................................................................. 2,335,500
Law exam fees.............................................................................................................................. 536,200
Drug court fund............................................................................................................................ 1,920,500
Miscellaneous revenue.................................................................................................................. 227,900
Justice system fund...................................................................................................................... 700,000
State court fund............................................................................................................................ 339,000
State general fund/general purpose.............................................................................................. $ 22,669,800
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions.............................................................................190.0
Court of appeals operations—190.0 FTE positions..................................................................... $ 19,143,800
GROSS APPROPRIATION.......................................................................................................... $ 19,143,800
Appropriated from:
Special revenue funds:
Court filing/motion fees............................................................................................................... 1,458,500
Miscellaneous revenue.................................................................................................................. 77,800
State general fund/general purpose.............................................................................................. $ 17,607,500
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.................................................................................4.0
Branchwide appropriations—4.0 FTE positions........................................................................... $ 8,338,700
GROSS APPROPRIATION.......................................................................................................... $ 8,338,700
Appropriated from:
State general fund/general purpose.............................................................................................. $ 8,338,700
Sec. 105. JUSTICES’ AND JUDGES’ COMPENSATION
Full-time judges positions...............................................................................................607.0
Supreme court justices’ salaries—7.0 justices............................................................................. $ 1,152,300
Court of appeals judges’ salaries—26.0 judges........................................................................... 3,937,400
District court judges’ state base salaries—252.0 judges.............................................................. 23,321,900
District court judicial salary standardization................................................................................ 11,522,500
Probate court judges’ state base salaries—103.0 judges.............................................................. 9,627,900
Probate court judicial salary standardization................................................................................ 4,669,700
Circuit court judges’ state base salaries—219.0 judges............................................................... 20,628,800
Circuit court judicial salary standardization................................................................................. 10,013,600
Judges’ retirement system defined contributions......................................................................... 3,894,300
OASI, social security.................................................................................................................... 5,511,000
GROSS APPROPRIATION.......................................................................................................... $ 94,279,400
Appropriated from:
Special revenue funds:
Court fee fund.............................................................................................................................. 7,090,200
State general fund/general purpose.............................................................................................. $ 87,189,200
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.................................................................................7.0
Judicial tenure commission—7.0 FTE positions.......................................................................... $ 961,500
GROSS APPROPRIATION.......................................................................................................... $ 961,500
Appropriated from:
State general fund/general purpose.............................................................................................. $ 961,500
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions...............................................................................47.0
Appellate public defender program—39.0 FTE positions............................................................ $ 5,322,800
Appellate assigned counsel administration—8.0 FTE positions.................................................. 906,300
GROSS APPROPRIATION.......................................................................................................... $ 6,229,100
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund.............................................................. 423,500
Federal revenues:
Other federal grant revenues........................................................................................................ 250,000
Special revenue funds:
Private - interest on lawyers trust accounts.................................................................................. 70,000
Miscellaneous revenue.................................................................................................................. 113,100
State general fund/general purpose.............................................................................................. $ 5,372,500
Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance....................................................................................................... $ 7,937,000
GROSS APPROPRIATION.......................................................................................................... $ 7,937,000
Appropriated from:
Special revenue funds:
State court fund............................................................................................................................ 7,937,000
State general fund/general purpose.............................................................................................. $ 0
Sec. 109. TRIAL COURT OPERATIONS
Court equity fund reimbursements............................................................................................... $ 60,835,100
Judicial technology improvement fund........................................................................................ 4,815,000
GROSS APPROPRIATION.......................................................................................................... $ 65,650,100
Appropriated from:
Special revenue funds:
Court equity fund......................................................................................................................... 50,440,000
Judicial technology improvement fund........................................................................................ 4,815,000
State general fund/general purpose.............................................................................................. $ 10,395,100
Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drug case-flow program............................................................................................................... $ 250,000
Drunk driving case-flow program................................................................................................ 3,300,000
Juror compensation reimbursement.............................................................................................. 6,600,000
GROSS APPROPRIATION.......................................................................................................... $ 10,150,000
Appropriated from:
Special revenue funds:
Drug fund..................................................................................................................................... 250,000
Drunk driving fund....................................................................................................................... 3,300,000
Juror compensation fund.............................................................................................................. 6,600,000
State general fund/general purpose.............................................................................................. $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2011-2012 is $240,675,000.00 and state spending from state resources to be paid to local units of government for fiscal year 2011-2012 is $119,875,600.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
JUDICIARY
SUPREME COURT
State court administrative office................................................................................................... $ 511,900
Drug treatment courts................................................................................................................... 6,833,000
TRIAL COURT OPERATIONS
Court equity fund reimbursements............................................................................................... $ 60,835,100
Judicial technology improvement fund........................................................................................ 4,815,000
JUSTICES’ AND JUDGES’ COMPENSATION
District court judicial salary standardization................................................................................ $ 11,522,500
Probate court judges’ state base salaries...................................................................................... 9,627,900
Probate court judicial salary standardization................................................................................ 4,669,700
Circuit court judicial salary standardization................................................................................. 10,013,600
Grant to OASI contribution fund, employers share, social security............................................ 896,900
GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving case-flow program................................................................................................ $ 3,300,000
Drug case-flow program............................................................................................................... 250,000
Juror compensation reimbursement.............................................................................................. 6,600,000
TOTAL.......................................................................................................................................... $ 119,875,600
Sec. 202. (1) The appropriations authorized under this article are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) Funds appropriated in part 1 to an entity within the judicial branch shall not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of the supreme court.
Sec. 203. As used in this article:
(a) “DOJ” means the United States department of justice.
(b) “DOT” means the United States department of transportation.
(c) “FTE” means full-time equated.
(d) “HHS” means the United States department of health and human services.
(e) “IDG” means interdepartmental grant.
(f) “OASI” means old age survivor’s insurance.
Sec. 204. The judicial branch shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.
Sec. 208. The reporting requirements of this article shall be completed with the approval of, and at the direction of, the supreme court, except as otherwise provided in this article. The judicial branch shall use the Internet to fulfill the reporting requirements of this article. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site.
Sec. 212. The judicial branch receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The judicial branch may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 214. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 215. (1) Due to the current budgetary problems in this state, out-of-state travel for the fiscal year ending September 30, 2012 shall be limited to situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.
(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.
(d) The travel is necessary to comply with federal requirements.
(e) The travel is necessary to secure specialized training for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate funds.
(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the chief justice or his or her designee may grant an exception to allow the travel. Any exceptions granted by the chief justice or his or her designee shall be reported on a monthly basis to the senate and house of representatives standing committees on appropriations.
(3) Not later than January 1 of each year, the state court administrative office shall prepare a travel report listing all travel by judicial branch employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the budget for the judicial branch. The report shall be submitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall include the following information:
(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.
Sec. 219. Not later than November 15, 2012, the judiciary shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies.
Sec. 221. From the funds appropriated in part 1, the judicial branch shall develop, post, and maintain, on a user-friendly and publicly accessible Internet site, all expenditures made by the judicial branch within a fiscal year. The posting shall include the purpose for which each expenditure is made. The judicial branch shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that financial information.
Sec. 222. Within 14 days after the release of the executive budget recommendation, the judicial branch shall provide the state budget director, the senate and house appropriations chairs, the senate and house appropriations subcommittees on the judiciary, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2011 and September 30, 2012.
JUDICIAL BRANCH
Sec. 301. Pursuant to the appropriations in part 1, the direct trial court automation support program of the state court administrative office shall recover direct and overhead costs from trial courts by charging for services rendered. The fee shall cover the actual costs incurred to the direct trial court automation support program in providing the service, including development of future versions of case management systems.
Sec. 302. Funds appropriated within the judicial branch shall not be expended by any component within the judicial branch without the approval of the supreme court.
Sec. 303. Of the amount appropriated in part 1 for the judicial branch, $325,000.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and $186,900.00 is allocated for court of claims reimbursement under section 6413 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6413.
Sec. 306. The supreme court and the state court administrative office shall continue to maintain, as a priority, the assisting of local trial courts in improving the collection of judgments.
Sec. 308. If sufficient funds are not available from the court fee fund to pay judges’ compensation, the difference between the appropriated amount from that fund for judges’ compensation and the actual amount available after the amount appropriated for trial court reimbursement is made shall be appropriated from the state general fund for judges’ compensation.
Sec. 309. By April 1, 2012, the state court administrative office shall provide an update on the status of the pilot mental health courts to the state budget director, the senate and house appropriations subcommittees on the judiciary, and the senate and house fiscal agencies.
Sec. 310. From the funds appropriated in part 1 for drug treatment court programs, with the approval of and at the discretion of the supreme court, the state court administrative office shall evaluate and collect data on the performance of drug treatment court programs. The state court administrative office shall provide an annual review of the performance of drug courts as prescribed in section 1078(6) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1078. All of the following apply to that annual review:
(a) It shall include measures of the impact of drug court programs in changing offender criminal involvement (recidivism) and substance abuse and in reducing prison admissions.
(b) It shall be completed no later than April 1 of each year and shall also be provided to the senate and house appropriations subcommittees on the judiciary, the senate and house fiscal agencies, and the state budget director.
(c) The evaluation of a program funded with federal Byrne funds shall be consistent with the requirements contained in the federal Byrne grant for that program.
Sec. 311. (1) The funds appropriated in part 1 for drug treatment courts shall be administered by the state court administrative office to operate drug treatment court programs. A drug treatment court shall be responsible for handling cases involving substance abusing nonviolent offenders through comprehensive supervision, testing, treatment services, and immediate sanctions and incentives. A drug treatment court shall use all available county and state personnel involved in the disposition of cases including, but not limited to, parole and probation agents, prosecuting attorneys, defense attorneys, and community corrections providers. The funds may be used in connection with other federal, state, and local funding sources.
(2) From the funds appropriated in part 1, the chief justice shall allocate sufficient funds for the judicial institute to provide in-state training for those identified in subsection (1), including training for new drug treatment court judges.
(3) For drug treatment court grants, consideration for priority may be given to those courts where higher instances of substance abuse cases are filed.
(4) The judiciary shall receive $1,800,000.00 in Byrne formula grant funding as an interdepartmental grant from the department of state police to be used for expansion of drug treatment courts, to assist in avoiding prison bed space growth for nonviolent offenders in collaboration with the department of corrections.
(5) If United States department of transportation, national highway traffic safety administration federal funding is awarded to the judiciary for the support of drug treatment courts in an amount that exceeds the amount appropriated in part 1, the judiciary may receive and expend the funds in an amount not exceeding $450,000.00 above the amount appropriated in part 1 for the support of drug treatment courts.
Sec. 312. From the funds appropriated in part 1, the state court administrator shall produce a statistical report regarding the implementation of the parental rights restoration act, 1990 PA 211, MCL 722.901 to 722.908, as it pertains to minors seeking a court-issued waiver of parental consent. The state court administrative office shall report the total number of petitions filed and the total number of petitions granted in accordance with section 208.
Sec. 317. Funds appropriated in part 1 shall not be used for the permanent assignment of state-owned vehicles to justices or judges or any other judicial branch employee. This section does not preclude the use of state-owned motor pool vehicles for state business in accordance with approved guidelines.
Sec. 318. The funds appropriated in part 1 for the community court pilot project shall be used for the purposes of administering a pilot program of neighborhood-focused community courts. The state court administrative office shall work collaboratively with the designated courts when establishing the community courts.
Sec. 320. (1) From the funds appropriated in part 1 for drug treatment courts, $1,000,000.00 shall be administered by the state court administrative office to distribute to qualifying counties to support a swift-and-sure sanctions pilot program. A qualifying county shall apply to the state court administrative office for a portion of the funds appropriated in part 1.
(2) A qualifying county that receives funding under this section shall provide a report on the pilot program to the state budget director, the senate and house appropriations subcommittees on the judiciary, and the senate and house fiscal agencies. The report shall include all of the following:
(a) The number of offenders who participate in the pilot program.
(b) The criminal history of offenders who participate in the pilot program.
(c) The recidivism rate of offenders who participate in the pilot program, including the rate of return to jail, prison, or both.
(d) A detailed description of the establishment and parameters of the pilot program.
(3) As used in this section:
(a) “Pilot program” means a swift-and-sure sanctions pilot program.
(b) “Qualifying county” means a county that has both of the following:
(i) A drug treatment court.
(ii) A unified trial court system.
Sec. 321. It is the intent of the legislature that the judicial branch support a statewide legal self-help Internet website and local nonprofit self-help centers that use the statewide website to provide assistance to individuals representing themselves in civil legal proceedings.
Sec. 322. (1) If Byrne formula grant funding is awarded to the state appellate defender office for criminal defense review and training on evidence-based sentencing in problem-solving courts, the state appellate defender office may receive and expend Byrne formula grant funds in an amount not exceeding $525,000.00 as an interdepartmental grant from the department of state police.
(2) If Byrne formula grant funding is awarded to the state appellate defender office for criminal defense review and representation of defendants in cases that involve potentially unreliable evidence processed by the now-closed Detroit police crime laboratory, the state appellate defender office may receive and expend Byrne formula grant funds in an amount not exceeding $225,000.00 as an interdepartmental grant from the department of state police.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2013 for the line items listed in part 1. The fiscal year 2012-2013 appropriations are anticipated to be the same as those for fiscal year 2011-2012, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2012 consensus revenue estimating conference.
ARTICLE XII
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2011-2012
Sec. 101. The amounts listed in this part are appropriated for the department of licensing and regulatory affairs, subject to the conditions set forth in this article, for the fiscal year ending September 30, 2012, from the funds identified in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions...........................................................................57.5
Full-time equated classified positions..........................................................................4,320.8
GROSS APPROPRIATION.......................................................................................................... $ 811,570,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 13,373,500
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 798,196,900
Federal revenues:
Total federal revenues................................................................................................................... 365,728,300
Special revenue funds:
Total local revenues...................................................................................................................... 7,859,900
Total private revenues................................................................................................................... 4,727,800
Total other state restricted revenues............................................................................................. 388,808,100
State general fund/general purpose.............................................................................................. $ 31,072,800
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions...........................................................................57.5
Full-time equated classified positions.............................................................................129.0
Unclassified salaries—57.5 FTE positions................................................................................... $ 4,531,900
Executive director programs—33.0 FTE positions...................................................................... 5,083,200
Property management................................................................................................................... 11,768,400
Rent.............................................................................................................................................. 12,032,200
Worker’s compensation................................................................................................................. 758,400
Special project advances............................................................................................................... 200,000
Administrative services—96.0 FTE positions.............................................................................. 9,925,800
GROSS APPROPRIATION.......................................................................................................... $ 44,299,900
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOE-OEERE, multiple grants...................................................................................................... 3,000
DED-OSERS, rehabilitation services, vocational rehabilitation of state grants........................... 4,163,400
DOL-ETA, unemployment insurance........................................................................................... 11,774,000
DOL, federal funds....................................................................................................................... 30,800
DOL, multiple grants for safety and health................................................................................. 767,000
Federal revenues........................................................................................................................... 437,100
Title XVIII Medicare.................................................................................................................... 300,100
Title XIX Medicaid...................................................................................................................... 21,000
Title XIX Medicaid, facility certification fees............................................................................. 193,900
Special revenue funds:
Private - special project advances................................................................................................ 200,000
Local revenues.............................................................................................................................. 130,900
Bank fees...................................................................................................................................... 356,300
Boiler fee revenue........................................................................................................................ 244,400
Construction code fund................................................................................................................ 1,127,200
Consumer finance fees................................................................................................................. 74,900
Contingent fund, penalty and interest account............................................................................. 39,200
Corporation fees........................................................................................................................... 4,168,800
Credit union fees.......................................................................................................................... 366,100
Deferred presentment service transaction fees............................................................................. 24,900
Elevator fees................................................................................................................................. 251,500
Fees and collections/asbestos....................................................................................................... 100,000
Fire service fees........................................................................................................................... 755,400
Health professions regulatory fund.............................................................................................. 1,559,400
Health systems fees...................................................................................................................... 404,000
Insurance licensing and regulation fees....................................................................................... 1,738,500
Insurance bureau fund.................................................................................................................. 514,100
Licensing and regulation fees....................................................................................................... 1,005,700
Liquor purchase revolving fund................................................................................................... 4,791,100
MBLSLA fund.............................................................................................................................. 84,800
Mobile home code fund............................................................................................................... 252,600
Motor carrier fees......................................................................................................................... 203,600
Private occupational school license fees...................................................................................... 14,000
Public utility assessments............................................................................................................. 2,310,400
Radiological health fees............................................................................................................... 90,000
Safety education and training fund.............................................................................................. 719,800
Second injury fund....................................................................................................................... 249,900
Securities fees............................................................................................................................... 2,441,000
Self-insurers security fund............................................................................................................ 89,500
Silicosis and dust disease fund..................................................................................................... 111,100
Tax tribunal fund.......................................................................................................................... 181,400
Video franchise assessments......................................................................................................... 4,000
Workers’ compensation administrative revolving fund................................................................ 100,000
State general fund/general purpose.............................................................................................. $ 1,905,100
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE REGULATION
Full-time equated classified positions.............................................................................377.0
Administration—35.0 FTE positions............................................................................................ $ 7,392,600
Financial evaluation—232.0 FTE positions................................................................................. 34,613,400
Regulatory compliance and consumer assistance—110.0 FTE positions..................................... 18,465,500
GROSS APPROPRIATION.......................................................................................................... $ 60,471,500
Appropriated from:
Federal revenues:
Federal revenues........................................................................................................................... 2,000,000
Special revenue funds:
Bank fees...................................................................................................................................... 8,236,900
Captive insurance regulatory and supervision fund..................................................................... 256,800
Consumer finance fees................................................................................................................. 4,362,800
Credit union fees.......................................................................................................................... 6,382,400
Deferred presentment service transaction fees............................................................................. 2,705,800
Insurance bureau fund.................................................................................................................. 20,584,400
Insurance continuing education fees............................................................................................ 1,023,600
Insurance licensing and regulation fees....................................................................................... 4,800,400
MBLSLA fund.............................................................................................................................. 4,300,600
Multiple employer welfare arrangement...................................................................................... 72,600
Securities fees............................................................................................................................... 4,745,200
Securities investor education and training fund........................................................................... 1,000,000
State general fund/general purpose.............................................................................................. $ 0
Sec. 104. PUBLIC SERVICE COMMISSION AND ENERGY SYSTEMS
Full-time equated classified positions.............................................................................195.0
Public service commission—190.0 FTE positions....................................................................... $ 27,158,500
METRO authority—5.0 FTE positions......................................................................................... 355,900
GROSS APPROPRIATION.......................................................................................................... $ 27,514,400
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants...................................................................................................... 9,000
DOT, gas pipeline safety.............................................................................................................. 677,800
Special revenue funds:
Children’s protection registry fund............................................................................................... 272,600
Motor carrier fees......................................................................................................................... 2,094,700
Public utility assessments............................................................................................................. 23,620,300
Restructuring mechanism assessments......................................................................................... 440,000
Video franchise assessments......................................................................................................... 400,000
State general fund/general purpose.............................................................................................. $ 0
Sec. 105. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.............................................................................152.0
Management support services—28.0 FTE positions.................................................................... $ 3,812,200
Liquor licensing and enforcement—124.0 FTE positions............................................................ 13,801,300
GROSS APPROPRIATION.......................................................................................................... $ 17,613,500
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.................................................................................. 120,000
Liquor license revenue................................................................................................................. 7,136,200
Liquor purchase revolving fund................................................................................................... 10,357,300
State general fund/general purpose.............................................................................................. $ 0
Sec. 106. OCCUPATIONAL REGULATION
Full-time equated classified positions.............................................................................835.3
Boiler inspection program—25.0 FTE positions.......................................................................... $ 2,931,000
Bureau of fire services—57.0 FTE positions............................................................................... 5,603,700
Code enforcement—120.0 FTE positions.................................................................................... 14,022,200
Commercial services—175.0 FTE positions................................................................................ 19,812,600
Elevator inspection program—30.0 FTE positions...................................................................... 3,162,400
Bureau of health professions—160.0 FTE positions.................................................................... 26,945,900
Bureau of health systems—199.6 FTE positions......................................................................... 21,630,100
Health policy and regulation—8.8 FTE positions........................................................................ 2,646,500
Radiological health administration—21.4 FTE positions............................................................. 3,179,700
Background check program—5.5 FTE positions......................................................................... 2,545,900
Manufactured housing and land resources program—22.0 FTE positions.................................. 2,733,700
Property development group—11.0 FTE positions...................................................................... 1,707,600
GROSS APPROPRIATION.......................................................................................................... $ 106,921,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection contract................................................ 100,000
IDG from department of human services, background checks.................................................... 1,000,000
Federal revenues:
Clinical lab improvement............................................................................................................. 360,000
CMS transformation grant............................................................................................................ 3,000,000
DOT.............................................................................................................................................. 60,000
FEMA..............