HB-4328, As Passed House, April 24, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4328
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, 2014 and other fiscal years; to provide for
certain conditions on appropriations; and to provide for the
expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
ARTICLE I
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
agriculture and rural development for the fiscal year ending
House Bill No. 4328 (H-1) as amended April 23, 2013
September 30, 2014, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 428.0
GROSS APPROPRIATION.................................... $ [76,793,300]
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 214,100
IDG from MDNR, forest development fund................. 200,000
IDG from MDEQ, biosolids............................... 110,200
Total interdepartmental grants and intradepartmental
transfers............................................ 524,300
ADJUSTED GROSS APPROPRIATION........................... $ [76,269,000]
Federal revenues:
USDA, multiple grants.................................. 5,814,900
EPA, multiple grants................................... 1,601,800
HHS-FDA................................................ 2,304,200
Total federal revenues................................. 9,720,900
Special revenue funds:
Total local revenues................................... 0
Private - slow-the-spread foundation................... 20,400
Private - commodity group revenue...................... 76,500
Total private revenues................................. 96,900
Agricultural preservation fund......................... 1,624,500
Agriculture equine industry development fund........... 3,855,500
Agriculture licensing and inspection fees.............. 4,075,000
Animal welfare fund.................................... 214,900
House Bill No. 4328 (H-1) as amended April 23, 2013
Commodity inspection fees.............................. 432,000
Consumer and industry food safety education fund....... 314,800
Dairy and food safety fund............................. 3,329,600
Freshwater protection fund............................. 5,173,000
Gasoline inspection and testing fund................... 2,723,700
Grain dealer fee fund.................................. 696,900
Horticulture fund...................................... 37,900
Industry support funds................................. 443,600
Migratory labor housing fund........................... 162,600
Nonretail liquor fees.................................. 797,700
Refined petroleum fund................................. 4,012,000
Renewable fuels fund................................... 51,200
Testing fees........................................... 285,000
Weights and measures regulation fees................... 791,000
Total other state restricted revenues.................. 29,020,900
State general fund/general purpose..................... $ [37,430,300]
Sec. 102. DEPARTMENTWIDE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 27.0
Commissions and boards................................. $ 23,800
Unclassified positions--6.0 FTE positions.............. 707,000
Executive direction--9.0 FTE positions................. 1,360,200
Operational services--15.0 FTE positions............... 1,041,700
Statistical reporting service--1.0 FTE position........ 148,700
Emergency management--2.0 FTE positions................ 800,700
Accounting service center.............................. 948,400
Rent and building occupancy............................ 1,061,600
GROSS APPROPRIATION.................................... $ 6,092,100
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 240,400
EPA, multiple grants................................... 186,300
HHS-FDA................................................ 574,500
Special revenue funds:
Private - commodity group revenue...................... 76,500
Agricultural preservation fund......................... 24,300
Agriculture licensing and inspection fees.............. 181,600
Freshwater protection fund............................. 35,900
Industry support funds................................. 52,200
Nonretail liquor fees.................................. 39,600
Refined petroleum fund................................. 320,300
State general fund/general purpose..................... $ 4,360,500
Sec. 103. INFORMATION AND TECHNOLOGY
Information technology services and projects........... $ 1,444,700
GROSS APPROPRIATION.................................... $ 1,444,700
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 3,100
Special revenue funds:
Agricultural preservation fund......................... 200
Agriculture equine industry development fund........... 83,700
Agriculture licensing and inspection fees.............. 31,900
Freshwater protection fund............................. 100
Gasoline inspection testing fund....................... 30,900
Nonretail liquor fees.................................. 500
State general fund/general purpose..................... $ 1,294,300
Sec. 104. FOOD AND DAIRY
Full-time equated classified positions.......... 101.0
Food safety and quality assurance--75.0 FTE positions.. $ 10,881,200
Milk safety and quality assurance--26.0 FTE positions.. 3,821,300
GROSS APPROPRIATION.................................... $ 14,702,500
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 318,800
HHS-FDA................................................ 961,400
Special revenue funds:
Consumer and industry food safety education fund....... 314,800
Dairy and food safety fund............................. 3,329,600
State general fund/general purpose..................... $ 9,777,900
Sec. 105. ANIMAL INDUSTRY
Full-time equated classified positions........... 60.0
Animal disease prevention and response--60.0 FTE
positions............................................ $ 8,706,100
Indemnification - livestock depredation................ 49,600
GROSS APPROPRIATION.................................... $ 8,755,700
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 513,400
HHS-FDA................................................ 45,400
Special revenue funds:
Agriculture licensing and inspection fees.............. 11,700
Animal welfare fund.................................... 214,900
State general fund/general purpose..................... $ 7,970,300
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions........... 86.0
Pesticide and plant pest management--81.0 FTE
positions............................................ $ 10,876,300
Producer security/grain dealers--5.0 FTE positions..... 736,700
GROSS APPROPRIATION.................................... $ 11,613,000
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 822,200
EPA, multiple grants................................... 719,400
HHS-FDA................................................ 116,900
Special revenue funds:
Private - slow-the-spread foundation................... 20,400
Agriculture licensing and inspection fees.............. 3,773,300
Commodity inspection fees.............................. 432,000
Grain dealers fee fund................................. 696,900
Horticulture fund...................................... 37,900
Industry support funds................................. 240,300
State general fund/general purpose..................... $ 4,753,700
Sec. 107. ENVIRONMENTAL STEWARDSHIP
Full-time equated classified positions........... 50.0
Environmental stewardship--18.0 FTE positions.......... $ 6,020,400
Michigan agriculture environmental assurance program--
7.0 FTE positions.................................... 1,668,800
Farmland and open space preservation--9.0 FTE
positions............................................ 1,300,000
Private forest development program..................... 200,000
Local conservation districts........................... 100
Migrant labor housing--9.0 FTE positions............... 1,198,500
Right-to-farm--3.0 FTE positions....................... 571,400
Intercounty drain--4.0 FTE positions................... 468,300
GROSS APPROPRIATION.................................... $ 11,427,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDNR, forest development fund................. 200,000
IDG from MDEQ, biosolids............................... 110,200
Federal revenues:
USDA, multiple grants.................................. 912,500
EPA, multiple grants................................... 304,100
Special revenue funds:
Agricultural preservation fund......................... 1,300,000
Freshwater protection fund............................. 5,137,000
Migratory labor housing fund........................... 162,600
State general fund/general purpose..................... $ 3,301,100
Sec. 108. LABORATORY PROGRAM
Full-time equated classified positions........... 90.0
Laboratory services--36.0 FTE positions................ $ 5,571,300
USDA monitoring--13.0 FTE positions.................... 1,586,000
Consumer protection program--41.0 FTE positions........ 6,016,100
GROSS APPROPRIATION.................................... $ 13,173,400
Appropriated from:
Interdepartmental grant revenues:
IDG from LARA (LCC), liquor quality testing fees....... 211,000
Federal revenues:
USDA, multiple grants.................................. 1,586,900
EPA, multiple grants................................... 392,000
HHS-FDA................................................ 606,000
Special revenue funds:
Agriculture equine industry development fund........... 604,600
Agriculture licensing and inspection fees.............. 76,500
Gasoline inspection and testing fund................... 2,692,800
Refined petroleum fund................................. 3,691,700
Renewable fuels fund................................... 51,200
Testing fees........................................... 285,000
Weights and measures regulation fees................... 791,000
State general fund/general purpose..................... $ 2,184,700
Sec. 109. AGRICULTURE DEVELOPMENT
Full-time equated classified positions........... 13.0
Agriculture development--10.0 FTE positions............ $ 2,582,600
Food and agriculture industry growth initiative........ 1,000,000
Grape and wine program--3.0 FTE positions.............. 802,600
Rural development value-added grants................... 1,050,000
GROSS APPROPRIATION.................................... $ 5,435,200
Appropriated from:
Federal revenues:
USDA, multiple grants.................................. 1,420,700
Special revenue funds:
Industry support funds................................. 151,100
Nonretail liquor fees.................................. 757,600
State general fund/general purpose..................... $ 3,105,800
Sec. 110. FAIRS AND EXPOSITIONS
Full-time equated classified positions............ 1.0
Fairs and racing--1.0 FTE position..................... $ 356,600
County fairs capital improvement grants................ 282,000
Purses and supplements - fairs/licensed tracks......... 708,300
Licensed tracks - light horse racing................... 40,300
Light horse racing - breeders' awards.................. 20,000
Standardbred breeders' awards.......................... 285,900
Standardbred purses and supplements - licensed tracks.. 527,800
Standardbred sire stakes............................... 239,000
Thoroughbred supplements - licensed tracks............. 385,900
Thoroughbred breeders' awards.......................... 358,600
Thoroughbred sire stakes............................... 244,800
GROSS APPROPRIATION.................................... $ 3,449,200
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund........... 3,167,200
State general fund/general purpose..................... $ 282,000
Sec. 111. CAPITAL OUTLAY
Farmland and open space development acquisition........ $ 300,000
GROSS APPROPRIATION.................................... $ 300,000
Appropriated from:
Special revenue funds:
Agriculture preservation fund.......................... 300,000
State general fund/general purpose..................... $ 0
Sec. 112. ONE-TIME BASIS ONLY
House Bill No. 4328 (H-1) as amended April 23, 2013
Private forestry program............................... $ 300,000
[Aquifer and water resources study..................... 100,000]
GROSS APPROPRIATION.................................... [$ 400,000]
Appropriated from:
State general fund/general purpose..................... [$ 400,000]
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is [$66,451,200.00] and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $3,500,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Environmental stewardship.............................. $ 3,500,000
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
House Bill No. 4328 (H-1) as amended April 23, 2013
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) "LCC" means the Michigan liquor control commission.
(i)] "MDEQ" means the Michigan department of environmental
quality.
[(j) "MDNR" means the Michigan department of natural resources.
(k) "MOU" means memorandum of understanding.
(l) "TB" means tuberculosis.
(m)] "USDA" means the United States department of agriculture.
Sec. 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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $6,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall maintain a searchable website
accessible by the public at no cost that includes, but is not
limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this part.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
or it may include placement of reports on an Internet or Intranet
site.
Sec. 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. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. It is the intent of the legislature that all
principal executive departments and agencies cooperate with the
development and implementation of the department of technology,
management, and budget statewide office space consolidation plan.
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 year ending September
30, 2014.
Sec. 230. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
DEPARTMENTWIDE
Sec. 301. (1) Pursuant to the appropriations in part 1, the
department may receive and expend revenue and use that revenue to
cover necessary expenses related to publications, audit and
licensing functions, livestock sales, certification of nursery
stock, and laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Pesticide and plant pest management propagation and
certification of virus-free foundation stock.
(d) Pesticide and plant pest management grading services.
(e) Laboratory support testing for testing horses in draft
horse pulling contests at county fairs when local jurisdictions
request state assistance.
(f) Laboratory support analyses to determine foreign
substances in horses engaged in racing or pulling contests at
tracks.
(g) Laboratory support analyses of food, livestock, and
agricultural products for disease, foreign products for disease,
toxic materials, foreign substances, and quality standards.
(h) Laboratory support test samples for other agencies and
organizations.
(i) Fruit and vegetable inspection at shipping and termination
points and processing plants.
(2) The department shall notify the senate and house
appropriations subcommittees on agriculture and rural development
and the senate and house fiscal agencies 30 days prior to proposing
changes in fees authorized under this section or under section 5 of
1915 PA 91, MCL 285.35.
(3) Annually, before February 1, the department shall provide
a report to the senate and house appropriations subcommittees on
agriculture and rural development and the senate and house fiscal
agencies detailing all the fees charged by the department under the
authorization provided in this section, including, but not limited
to, rates, number of individuals paying each fee, and the revenue
generated by each fee in the previous fiscal year.
Sec. 302. Of the funds appropriated in part 1 that are other
than line-item grants, the department shall not provide grants to
local government agencies, institutions of higher education, or
nonprofit organizations unless the department provides notice of
the grant to the senate and house appropriations subcommittees on
agriculture and rural development at least 10 days before the grant
is issued. The grants shall be used to support research or other
related activities for the purpose of enhancing the agricultural
industries in this state.
ANIMAL INDUSTRY
Sec. 451. From the funds appropriated in part 1 for bovine
tuberculosis, the department shall pay for all whole herd testing
costs and individual animal testing costs in the modified
accredited zone to maintain split-state status requirements. These
costs include indemnity and compensation for injury causing death
or downer to animals.
Sec. 453. (1) Of the funds appropriated in part 1, the
department may provide for indemnity as provided for pursuant to
the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not
to exceed $100,000.00 per order from any line item for the fiscal
year ending September 30, 2013. Before the department provides for
an indemnification under this section, the department shall report
the reason for the indemnification, the amount of the
indemnification, and to whom the indemnification is to be paid. The
report shall be given to each member of the senate and house
appropriations subcommittees on agriculture and rural development
and to the senate and house fiscal agencies and to the state budget
director.
(2) The department of agriculture and rural development shall
make an indemnification payment for the fair market value of
livestock killed by a wolf, coyote, or cougar, if the kill is
verified by the department of natural resources. The fair market
value of the livestock shall be determined pursuant to the
indemnification procedures prescribed in the animal industry act,
1988 PA 466, MCL 287.701 to 287.745.
(3) The funds appropriated in part 1 for indemnification -
livestock depredation are appropriated for indemnification payments
and related department costs under subsection (2). On or before
March 1 of the current fiscal year, the department shall report to
the house and senate appropriations subcommittees on agriculture
and rural development, and the house and senate fiscal agencies, on
costs incurred in the 2011-2012 and 2012-2013 fiscal years for
indemnification payments to producers made under subsection (2) and
related department costs.
Sec. 454. The department shall use its resources to
collaborate with the United States department of agriculture and
rural development 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 of the current fiscal year
and on a quarterly basis thereafter, the department shall report to
the senate and house agriculture committees, the senate and house
appropriations subcommittees on agriculture and rural development,
and the senate and house fiscal agencies on the department's
progress toward meeting the USDA requirements as outlined in the
March 2007 bovine TB program review. The report shall include, but
is not limited to, information and data on: wildlife risk
mitigation plan implementation in the modified accredited zone;
implementation of a movement certificate process; progress toward
annual surveillance test requirements set out in the June 2007 MOU;
efforts to work with slaughter facilities in Michigan, as well as
those that slaughter a significant number of animals from Michigan;
educational programs and information for Michigan's livestock
community; any other item the legislature should be aware of that
will promote or hinder efforts to achieve bovine TB-free status for
Michigan.
Sec. 458. From the funds appropriated in part 1 for animal
industry, the department shall provide inspection and testing of
aquaculture facilities and aquaculture researchers as provided
under section 7 of the Michigan aquaculture development act, 1996
PA 199, MCL 286.877. It is the intent of the legislature that the
department shall work with aquaculture facilities and aquaculture
researchers to identify, contain, and eradicate viral hemorrhagic
septicemia in this state.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 552. The department is encouraged to work with local
public health departments and with the USDA to maintain and expand
the clean sweep program for the safe disposal of hazardous
household chemicals and prescription drugs. The department shall
report to the house and senate appropriations subcommittees on
agriculture and rural development and the house and senate fiscal
agencies by March 1 of the current fiscal year on clean sweep
locations in this state and on factors affecting program success
and expansion including funding requirements.
AGRICULTURE DEVELOPMENT
Sec. 701. (1) The department shall establish and administer a
rural development value-added grant program. The program shall
promote the expansion of value-added agricultural production,
processing, and access within the state.
(2) The department shall award grants on a competitive basis
from the funds appropriated in part 1 for rural development value-
added grants. Grantees will be required to provide a cash match and
identify measurable project outcomes. Eligible grantees may
include, but are not limited to, individuals, partnerships,
cooperatives, private or public corporations, and local units of
government.
(3) A joint evaluation committee shall be selected by the
director with representatives with agriculture, business, and
economic development expertise. The joint evaluation committee
shall identify criteria, evaluate applications, and provide
recommendations to the director for final approval of grant awards.
(4) The department may expend money from the funds
appropriated in part 1 for the rural development value-added grants
for administering the program.
(5) The unexpended portion of the rural development value-
added grant program is considered a work project appropriation in
accordance with the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594.
(6) The department shall provide an interim report no later
than March 15 of the current fiscal year and year-end report no
later than September 30 of the current fiscal year to the senate
and house appropriations subcommittees on agriculture and rural
development and the senate and house fiscal agencies, including the
grantees, award amount, match funding, and project outcomes.
Sec. 706. Not later than April 1 of the current fiscal year,
the department shall provide a report to the senate and house
appropriations subcommittees on agriculture and rural development
and the senate and house fiscal agencies describing the
department's agriculture development and export market development
activities. The report shall identify grants awarded during the
prior fiscal year, including a description of federal or private
funds made available as a result of department activities.
Sec. 709. (1) Not later than April 1 of the current fiscal
year, the department shall provide a report to the senate and house
appropriations subcommittees on agriculture and rural development
and the senate and house fiscal agencies describing the activities
of the grape and wine industry council established under section
303 of the Michigan liquor control act of 1998, 1998 PA 58, MCL
436.1303.
(2) The report shall include all of the following:
(a) Council activities and accomplishments for the previous
fiscal year.
(b) Council expenditures for the previous fiscal year by
category of administration, industry support, research and
education grants, and promotion and consumer education.
(c) Grants awarded during the prior fiscal year and the
results of research grant projects completed during the prior
fiscal year.
Sec. 711. (1) The department shall establish and administer
the food and agriculture industry growth initiative. The program
shall use a grant process to support research, education, and
technical assistance efforts focused on removing barriers and
leveraging opportunities identified by those in the food and
agriculture industry as critical to business development and growth
within the state.
(2) In addition to the funds appropriated in part 1, the
department of agriculture and rural development may receive and
expend up to $2,000,000.00 in funds received from the Michigan
strategic fund or the Michigan economic development corporation for
the food and agriculture industry growth initiative.
(3) The director shall establish a consortium of interested
parties including those involved in the food and agriculture
industry sector to develop the program priorities described in
subsection (1).
(4) The department shall award grants from the funds
appropriated in part 1 or received from the Michigan strategic fund
or the Michigan economic development corporation under subsection
(2) for food and agriculture industry growth initiative grants.
Grantees will be required to identify measurable project outcomes.
(5) A joint evaluation committee selected by the director
shall evaluate applications and provide recommendations to the
director for final approval of grant awards.
(6) The department may expend money from the funds
appropriated in part 1 for the food and agriculture industry growth
initiative for administering the program.
FAIRS AND EXPOSITIONS
Sec. 801. All appropriations from the agriculture equine
industry development fund shall be spent on equine-related
purposes. No funds from the agriculture equine industry development
fund shall be expended for nonequine-related purposes without prior
approval of the legislature.
Sec. 802. All appropriations from the agriculture equine
industry development fund, except for the 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, 2013 to a level lower than the amounts appropriated in section
110.
Sec. 803. In the event there is no live thoroughbred race meet
in 2013 or 2014, all purse money and program money appropriated for
the thoroughbred industry in fiscal year 2012-2013 and fiscal year
2013-2014 shall be held in escrow for a period not to exceed 18
months, or until a thoroughbred race meet license is applied for
and granted by the Michigan gaming control board. In the event
there is no thoroughbred meet in 2013 or 2014, the purse pool
distribution order to be issued by the Michigan gaming control
board in 2014 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 2013, 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 rural development and general government and the
senate and house fiscal agencies by November 1 of the current
fiscal year. The Michigan gaming control board shall not be
reimbursed for more than the actual regulatory cost of conducting
race dates. If a certified horsemen's organization funds more than
the actual regulatory cost, the balance shall remain in the
agriculture equine industry development fund to be used to fund
subsequent race dates conducted by race meeting licensees with
which the certified horsemen's organization has contracts. If a
certified horsemen's organization funds less than the actual
regulatory costs of the additional horse racing dates, the Michigan
gaming control board shall reduce the number of future race dates
conducted by race meeting licensees with which the certified
horsemen's organization has contracts. Prior to the reduction in
the number of authorized race dates due to budget deficits, the
executive director of the Michigan gaming control board shall
provide notice to the certified horsemen's organizations with an
opportunity to respond with alternatives. In determining actual
costs, the Michigan gaming control board shall take into account
that each specific breed may require different regulatory
mechanisms.
Sec. 805. (1) The department shall establish and administer a
county fairs capital improvement grant program. The program shall
assist in the promotion of building improvements or other capital
improvements at county fairgrounds of the state.
(2) The department shall award grants on a competitive basis
to county fair organizations from the funds appropriated in part 1
for county fairs capital improvements grants. Grantees will be
required to provide a dollar-for-dollar cash match with grant
awards and identify measurable project outcomes.
(3) The department shall identify criteria, evaluate
applications, and provide recommendations to the director for final
approval of grant awards.
(4) The department may expend money from the funds
appropriated in part 1 for the county fairs capital improvement
grants for administering the program.
(5) The unexpended portion of the county fairs capital
improvement grant program is considered a work project
appropriation in accordance with the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594.
(6) The department shall provide an interim report no later
than March 1 of the current fiscal year and a year-end report no
later than September 30 of the current fiscal year to the senate
and house appropriations subcommittees on agriculture and rural
development and the senate and house fiscal agencies, including the
grantees, award amount, match funding, and project outcomes.
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.
House Bill No. 4328 (H-1) as amended April 23, 2013
(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.
ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1103. (1) The appropriations in part 1 for private
forestry program are for the purpose of increasing the knowledge of
nonindustrial private forestland owners of sound forest management
practices and increasing the amount of commercial timber production
from those lands.
(2) The department shall work in partnership with stakeholder
groups and other state and federal agencies to increase the active
management of nonindustrial private forestland to foster the growth
of Michigan's timber product industry.
[Sec. 1104. Use of the funds appropriated in part 1 for an aquifer and water resources study shall include test well monitoring of glacial and bedrock aquifers for quantity and quality, precise calibrated flow models of glacial and bedrock aquifers, modeling of different impact scenarios based on usage, climate, and policies, and solutions to address declining groundwater levels. The study shall be conducted with the assistance of Michigan State University. Findings of the study shall be made available to the department and to MDEQ.]
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
House Bill No. 4328 (H-1) as amended April 23, 2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE IV
DEPARTMENT OF COMMUNITY HEALTH
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
community health for the fiscal year ending September 30, 2014,
from the following funds:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,571.6
Average population.............................. 893.0
GROSS APPROPRIATION.................................. [$ 15,327,024,200]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
House Bill No. 4328 (H-1) as amended April 23, 2013
transfers............................................ 10,056,100
ADJUSTED GROSS APPROPRIATION........................... [ 15,316,968,100]
Federal revenues:
Total federal revenues................................. 9,862,834,200
Social security act, temporary assistance for needy
families............................................. 19,545,400
Special revenue funds:
Total local revenues................................... 251,820,200
Total private revenues................................. 126,342,400
Merit award trust fund................................. 85,834,700
Total other state restricted revenues.................. 2,079,589,500
State general fund/general purpose................... [$ 2,891,001,700]
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 176.7
Director and other unclassified--6.0 FTE positions..... $ 707,000
Departmental administration and management--166.7 FTE
positions............................................ 25,069,900
Worker's compensation program.......................... 6,963,000
Rent and building occupancy............................ 9,791,300
Developmental disabilities council and projects--10.0
FTE positions........................................ 3,024,700
GROSS APPROPRIATION.................................... $ 45,555,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 15,196,600
Special revenue funds:
Total private revenues................................. 35,200
Total other state restricted revenues.................. 792,700
State general fund/general purpose..................... $ 29,531,400
Sec. 103. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
AND SPECIAL PROJECTS
Full-time equated classified positions.......... 104.0
Behavioral health program administration--103.0 FTE
positions............................................ $ 19,629,400
Gambling addiction--1.0 FTE position................... 3,002,800
Protection and advocacy services support............... 194,400
Community residential and support services............. 992,100
Federal and other special projects..................... 3,111,200
Family support subsidy................................. 19,364,900
Housing and support services........................... 11,322,500
GROSS APPROPRIATION.................................... $ 57,617,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 19,926,000
Social security act, temporary assistance for needy
families............................................. 19,545,400
Special revenue funds:
Total private revenues................................. 200,000
Total other state restricted revenues.................. 3,002,800
State general fund/general purpose..................... $ 14,943,100
Sec. 104. BEHAVIORAL HEALTH SERVICES
Full-time equated classified positions............ 9.5
Medicaid mental health services........................ $ 2,187,650,100
House Bill No. 4328 (H-1) as amended April 23, 2013
Community mental health non-Medicaid services.......... 283,688,700
Medicaid adult benefits waiver......................... 31,989,600
Mental health services for special populations......... 5,842,800
Medicaid substance abuse services...................... 47,696,700
CMHSP, purchase of state services contracts............ 137,761,600
Civil service charges.................................. 1,499,300
Federal mental health block grant--2.5 FTE positions... 15,440,000
State disability assistance program substance abuse
services............................................. 2,018,800
Community substance abuse prevention, education, and
treatment programs................................... 80,093,000
Children's waiver home care program.................... 21,544,900
Nursing home PAS/ARR-OBRA--7.0 FTE positions........... 12,252,100
Children with serious emotional disturbance waiver..... 12,651,000
[Family independence program recipient substance abuse
treatment pilot......................................... 100]
GROSS APPROPRIATION.................................... $ [2,840,128,700]
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 6,194,900
Federal revenues:
Total federal revenues................................. 1,619,363,200
Special revenue funds:
Total local revenues................................... 25,228,900
Total other state restricted revenues.................. 22,276,700
State general fund/general purpose..................... $ [1,167,065,000]
Sec. 105. STATE PSYCHIATRIC HOSPITALS AND FORENSIC
MENTAL HEALTH SERVICES
Total average population........................ 893.0
Full-time equated classified positions........ 2,130.9
Caro Regional Mental Health Center - psychiatric
hospital - adult--461.3 FTE positions................ $ 55,019,700
Average population.............................. 185.0
Kalamazoo Psychiatric Hospital - adult--466.1 FTE
positions............................................ 63,649,300
Average population.............................. 189.0
Walter P. Reuther Psychiatric Hospital - adult--420.8
FTE positions........................................ 54,087,000
Average population.............................. 234.0
Hawthorn Center - psychiatric hospital - children and
adolescents--226.4 FTE positions..................... 28,433,800
Average population............................... 75.0
Center for forensic psychiatry--556.3 FTE positions.... 71,187,800
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.................................... $ 275,025,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 34,529,300
Special revenue funds:
CMHSP, purchase of state services contracts............ 137,761,600
Other local revenues................................... 19,163,800
Total private revenues................................. 1,000,000
Total other state restricted revenues.................. 16,733,800
State general fund/general purpose..................... $ 65,837,200
Sec. 106. PUBLIC HEALTH ADMINISTRATION
Full-time equated classified positions.......... 102.9
Public health administration--7.3 FTE positions........ $ 1,549,500
Health and wellness initiatives--11.7 FTE positions.... 7,189,800
Minority health grants and contracts--2.5 FTE
positions............................................ 612,700
Vital records and health statistics--81.4 FTE
positions............................................ 11,370,600
GROSS APPROPRIATION.................................... $ 20,722,600
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of human
services............................................. 1,199,200
Federal revenues:
Total federal revenues................................. 4,224,400
Special revenue funds:
Total other state restricted revenues.................. 11,970,700
State general fund/general purpose..................... $ 3,328,300
Sec. 107. HEALTH POLICY
Full-time equated classified positions........... 64.8
Emergency medical services program--23.0 FTE positions. $ 6,187,400
Health policy administration--24.1 FTE positions....... 4,377,600
Nurse education and research program--3.0 FTE
positions............................................ 769,900
Certificate of need program administration--12.3 FTE
positions............................................ 2,763,700
Rural health services--1.0 FTE position................ 1,531,500
Michigan essential health provider..................... 1,491,300
Primary care services--1.4 FTE positions............... 3,731,300
GROSS APPROPRIATION.................................... $ 20,852,700
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
licensing and regulatory affairs..................... 2,066,400
Interdepartmental grant from the department of
treasury, Michigan state hospital finance authority.. 114,900
Federal revenues:
Total federal revenues................................. 6,664,000
Special revenue funds:
Total private revenues................................. 255,000
Total other state restricted revenues.................. 7,536,600
State general fund/general purpose..................... $ 4,215,800
Sec. 108. INFECTIOUS DISEASE CONTROL
Full-time equated classified positions........... 49.5
AIDS prevention, testing, and care programs--15.7 FTE
positions............................................ $ 69,164,400
Immunization program--12.8 FTE positions............... 14,999,000
Pediatric AIDS prevention and control--1.0 FTE
position............................................. 1,233,100
Sexually transmitted disease control program--20.0 FTE
positions............................................ 6,213,800
GROSS APPROPRIATION.................................... $ 91,610,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 42,783,000
Special revenue funds:
Total private revenues................................. 38,278,400
Total other state restricted revenues.................. 7,696,700
State general fund/general purpose..................... $ 2,852,200
Sec. 109. LABORATORY SERVICES
Full-time equated classified positions.......... 100.0
Laboratory services--100.0 FTE positions............... $ 18,167,000
GROSS APPROPRIATION.................................... $ 18,167,000
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from the department of
environmental quality................................ 480,700
Federal revenues:
Total federal revenues................................. 2,271,300
Special revenue funds:
Total other state restricted revenues.................. 8,728,000
State general fund/general purpose..................... $ 6,687,000
Sec. 110. EPIDEMIOLOGY
Full-time equated classified positions.......... 115.1
AIDS surveillance and prevention program............... $ 2,254,100
House Bill No. 4328 (H-1) as amended April 23, 2013
Bioterrorism preparedness--55.0 FTE positions.......... 35,466,400
Epidemiology administration--41.6 FTE positions........ 12,257,200
Healthy homes program--8.0 FTE positions............... [3,962,400]
Newborn screening follow-up and treatment services--
10.5 FTE positions................................... 6,026,100
Tuberculosis control and prevention.................... 867,000
GROSS APPROPRIATION.................................... [$ 60,833,200]
Appropriated from:
Federal revenues:
Total federal revenues................................. 50,165,300
Special revenue funds:
Total private revenues................................. 238,000
Total other state restricted revenues.................. 7,416,800
State general fund/general purpose..................... $ [3,013,100]
Sec. 111. LOCAL HEALTH ADMINISTRATION AND GRANTS
Full-time equated classified positions............ 2.0
Essential local public health services................. $ 37,386,200
Implementation of 1993 PA 133, MCL 333.17015........... 20,000
Local health services--2.0 FTE positions............... 533,300
Medicaid outreach cost reimbursement to local health
departments.......................................... 9,000,000
GROSS APPROPRIATION.................................... $ 46,939,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,533,300
Special revenue funds:
Total local revenues................................... 5,150,000
State general fund/general purpose..................... $ 32,256,200
Sec. 112. CHRONIC DISEASE AND INJURY PREVENTION AND
HEALTH PROMOTION
Full-time equated classified positions........... 63.3
Cancer prevention and control program--11.0 FTE
positions............................................ $ 14,987,100
Chronic disease control and health promotion
administration--29.4 FTE positions................... 6,273,100
Diabetes and kidney program--8.0 FTE positions......... 1,885,600
Injury control intervention project.................... 200,000
Smoking prevention program--12.0 FTE positions......... 2,576,800
Violence prevention--2.9 FTE positions................. 2,170,600
GROSS APPROPRIATION.................................... $ 28,093,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 25,000,900
Special revenue funds:
Total private revenues................................. 500,000
Total other state restricted revenues.................. 728,400
State general fund/general purpose..................... $ 1,863,900
Sec. 113. FAMILY, MATERNAL, AND CHILDREN'S HEALTH
SERVICES
Full-time equated classified positions........... 49.6
Childhood lead program--2.5 FTE positions.............. $ 1,243,200
Dental programs--3.0 FTE positions..................... 1,643,800
Dental program for persons with developmental
disabilities......................................... 151,000
Family, maternal, and children's health services
administration--41.6 FTE positions................... 7,245,200
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.... 9,151,400
Special projects--2.5 FTE positions.................... 7,427,700
Sudden infant death syndrome program................... 321,300
GROSS APPROPRIATION.................................... $ 43,889,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 36,619,400
Special revenue funds:
Total local revenues................................... 75,000
Total private revenues................................. 874,500
State general fund/general purpose..................... $ 6,320,600
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............. $ 17,832,600
Women, infants, and children program local agreements
and food costs....................................... 256,285,000
GROSS APPROPRIATION.................................... $ 274,117,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 213,039,700
Special revenue funds:
Total private revenues................................. 61,077,900
State general fund/general purpose..................... $ 0
Sec. 115. CHILDREN'S SPECIAL HEALTH CARE SERVICES
Full-time equated classified positions........... 46.8
Children's special health care services
administration--44.0 FTE positions................... $ 5,506,600
Bequests for care and services--2.8 FTE positions...... 1,524,100
Outreach and advocacy.................................. 5,510,000
Nonemergency medical transportation.................... 1,505,900
Medical care and treatment............................. 97,557,700
GROSS APPROPRIATION.................................... $ 111,604,300
Appropriated from:
Federal revenues:
Total federal revenues................................. 44,039,500
Special revenue funds:
Total private revenues................................. 1,005,900
Total other state restricted revenues.................. 3,854,600
State general fund/general purpose..................... $ 62,704,300
Sec. 116. CRIME VICTIM SERVICES COMMISSION
Full-time equated classified positions........... 13.0
Grants administration services--13.0 FTE positions..... $ 2,099,100
Justice assistance grants.............................. 19,106,100
Crime victim rights services grants.................... 16,570,000
GROSS APPROPRIATION.................................... $ 37,775,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 23,494,800
Special revenue funds:
Total other state restricted revenues.................. 14,280,400
State general fund/general purpose..................... $ 0
Sec. 117. OFFICE OF SERVICES TO THE AGING
Full-time equated classified positions........... 40.0
Office of services to aging administration--40.0 FTE
positions............................................ $ 6,389,200
Community services..................................... 36,614,400
Nutrition services..................................... 36,744,000
Foster grandparent volunteer program................... 2,233,600
Retired and senior volunteer program................... 627,300
Senior companion volunteer program..................... 1,604,400
Employment assistance.................................. 3,500,000
Respite care program................................... 5,868,700
GROSS APPROPRIATION.................................... $ 93,581,600
Appropriated from:
Federal revenues:
Total federal revenues................................. 58,154,600
Special revenue funds:
Total private revenues................................. 677,500
Merit award trust fund................................. 4,068,700
Total other state restricted revenues.................. 1,800,000
State general fund/general purpose..................... $ 28,880,800
Sec. 118. MEDICAL SERVICES ADMINISTRATION
Full-time equated classified positions.......... 458.5
Medical services administration--434.5 FTE positions... $ 68,549,000
Facility inspection contract........................... 132,800
MIChild administration................................. 4,327,800
Electronic health record incentive program--24.0 FTE
positions............................................ 144,193,800
GROSS APPROPRIATION.................................... $ 217,203,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 191,886,000
Special revenue funds:
Total local revenues................................... 105,900
Total private revenues................................. 100,000
Total other state restricted revenues.................. 330,000
State general fund/general purpose..................... $ 24,781,500
Sec. 119. MEDICAL SERVICES
Hospital services and therapy.......................... $ 1,241,676,300
Hospital disproportionate share payments............... 45,000,000
Physician services..................................... 462,956,400
Medicare premium payments.............................. 438,208,000
Pharmaceutical services................................ 269,310,900
Home health services................................... 3,783,700
Hospice services....................................... 102,974,400
Transportation......................................... 23,572,600
Auxiliary medical services............................. 9,517,200
Dental services........................................ 183,247,600
Ambulance services..................................... 10,751,000
Long-term care services................................ 1,756,486,200
Integrated care organization services.................. 100
Medicaid home- and community-based services waiver..... 299,895,900
Adult home help services............................... 308,323,300
Personal care services................................. 13,327,200
Program of all-inclusive care for the elderly.......... 50,254,300
Autism services........................................ 39,484,600
Health plan services................................... 4,722,693,700
MIChild program........................................ 69,744,400
Plan first family planning waiver...................... 13,628,100
Medicaid adult benefits waiver......................... 105,877,700
Special indigent care payments......................... 95,738,900
Federal Medicare pharmaceutical program................ 196,140,500
Maternal and child health.............................. 20,279,500
Subtotal basic medical services program................ 10,482,872,500
School-based services.................................. 131,502,700
Special Medicaid reimbursement......................... 337,217,600
Subtotal special medical services payments............. 468,720,300
GROSS APPROPRIATION.................................... $ 10,951,592,800
Appropriated from:
Federal revenues:
Total federal revenues................................. 7,419,749,400
Special revenue funds:
Total local revenues................................... 64,335,000
Total private revenues................................. 2,100,000
Merit award trust fund................................. 81,766,000
Total other state restricted revenues.................. 1,970,475,600
State general fund/general purpose..................... $ 1,413,166,800
Sec. 120. INFORMATION TECHNOLOGY
House Bill No. 4328 (H-1) as amended April 23, 2013
Information technology services and projects........... $ 36,530,800
Michigan Medicaid information system................... 50,201,100
GROSS APPROPRIATION.................................... $ 86,731,900
Appropriated from:
Federal revenues:
Total federal revenues................................. 45,091,700
Special revenue funds:
Total private revenues................................. 20,000,000
Total other state restricted revenues.................. 1,965,700
State general fund/general purpose..................... $ 19,674,500
Sec. 121. ONE-TIME BASIS ONLY APPROPRIATIONS
Hospital services and therapy - graduate medical
education............................................ $ 1,656,800
Primary care services - island health clinics.......... 325,000
[Mental health services for special populations........ 3,000,000]
GROSS APPROPRIATION.................................... $ [4,981,800]
Appropriated from:
Federal revenues:
Total federal revenues................................. 1,101,800
State general fund/general purpose..................... $ [3,880,000]
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
House Bill No. 4328 (H-1) as amended April 23, 2013
under part 1 for fiscal year 2013-2014 is [$5,056,425,900.00] and
state spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is [$1,235,500,000.00]. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF COMMUNITY HEALTH
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION
Community residential and support services............. $ 451,500
Housing and support services........................... 77,500
BEHAVIORAL HEALTH SERVICES
State disability assistance program substance abuse
services............................................ $ 2,018,000
Community substance abuse prevention, education, and
treatment programs.................................. 12,769,200
Medicaid mental health services........................ 708,534,800
Community mental health non-Medicaid services.......... 283,688,700
Mental health services for special populations......... [8,842,800]
Medicaid adult benefits waiver......................... 10,774,100
Medicaid substance abuse services...................... 16,065,200
Children's waiver home care program.................... 5,871,900
Nursing home PAS/ARR-OBRA.............................. 2,721,700
HEALTH POLICY
Primary care services.................................. $ 88,900
INFECTIOUS DISEASE CONTROL
AIDS prevention, testing, and care programs............ $ 1,041,100
Sexually transmitted disease management and
field support....................................... 174,500
LABORATORY SERVICES
Laboratory services.................................... $ 2,800
LOCAL HEALTH ADMINISTRATION AND GRANTS
Implementation of 1993 PA 133, MCL 333.17015........... $ 5,700
Essential local public health services................. 32,236,100
CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION
Cancer prevention and control program.................. $ 94,700
FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES
Prenatal care outreach and service delivery support.... 1,850,000
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Medical care and treatment............................. $ 585,300
Outreach and advocacy.................................. 1,250,800
CRIME VICTIM SERVICES COMMISSION
Crime victim rights services grants.................... $ 6,180,200
OFFICE OF SERVICES TO THE AGING
Community services..................................... $ 12,229,300
Nutrition services..................................... 8,783,000
Foster grandparent volunteer program................... 536,400
Retired and senior volunteer program................... 147,300
Senior companion volunteer program..................... 183,400
Respite care program................................... 5,115,000
MEDICAL SERVICES
Dental services........................................ $ 1,364,200
Long-term care services................................ 80,798,400
Transportation......................................... 3,583,000
Medicaid adult benefits waiver......................... 10,481,900
Hospital services and therapy.......................... 2,489,000
House Bill No. 4328 (H-1) as amended April 23, 2013
Physician services..................................... 14,433,600
TOTAL OF PAYMENTS TO LOCAL UNITS
OF GOVERNMENT.......................................... [$ 1,235,500,000]
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) "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, 2014.
(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) "FTE" means full-time equated.
(k) "GME" means graduate medical education.
(l) "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.
(m) "HEDIS" means healthcare effectiveness data and
information set.
(n) "HIV" means human immunodeficiency virus.
(o) "HMO" means health maintenance organization.
(p) "IDEA" means the individuals with disabilities education
act, 20 USC 1400 to 1482.
(q) "MCH" means maternal and child health.
(r) "MIChild" means the program described in section 1670.
(s) "PAS/ARR-OBRA" means the preadmission screening and annual
resident review required under the omnibus budget reconciliation
act of 1987, section 1919(e)(7) of the social security act, and 42
USC 1396r.
(t) "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.
(u) "Temporary assistance for needy families" means part A of
title IV of the social security act, 42 USC 601 to 619.
(v) "Title XVIII" and "Medicare" mean title XVIII of the
social security act, 42 USC 1395 to 1395kkk-1.
(w) "Title XIX" and "Medicaid" mean title XIX of the social
security act, 42 USC 1396 to 1396w-5.
(x) "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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $20,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall maintain, on a public
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of part 1. This
requirement may include transmission of reports via electronic mail
to the recipients identified for each reporting requirement, or it
may include placement of reports on the Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans if they are competitively
priced and of comparable quality.
Sec. 211. If the revenue collected by the department from fees
and collections exceeds the amount appropriated in part 1, the
revenue may be carried forward with the approval of the state
budget director into the subsequent fiscal year. The revenue
carried forward under this section shall be used as the first
source of funds in the subsequent fiscal year.
Sec. 212. (1) On or before February 1 of the current fiscal
year, the department shall report to the house and senate
appropriations subcommittees on community health, the house and
senate fiscal agencies, and the state budget director on the
detailed name and amounts of federal, restricted, private, and
local sources of revenue that support the appropriations in each of
the line items in part 1.
(2) Upon the release of the next fiscal year executive budget
recommendation, the department shall report to the same parties in
subsection (1) on the amounts and detailed sources of federal,
restricted, private, and local revenue proposed to support the
total funds appropriated in each of the line items in part 1 of the
next fiscal year executive budget proposal.
Sec. 213. The state departments, agencies, and commissions
receiving tobacco tax funds and healthy Michigan funds from part 1
shall report by April 1 of the current fiscal year to the senate
and house appropriations committees, the senate and house fiscal
agencies, and the state budget director on the following:
(a) Detailed spending plan by appropriation line item
including description of programs and a summary of organizations
receiving these funds.
(b) Description of allocations or bid processes including need
or demand indicators used to determine allocations.
(c) Eligibility criteria for program participation and maximum
benefit levels where applicable.
(d) Outcome measures used to evaluate programs, including
measures of the effectiveness of these programs in improving the
health of Michigan residents.
(e) Any other information considered necessary by the house of
representatives or senate appropriations committees or the state
budget director.
Sec. 216. (1) In addition to funds appropriated in part 1 for
all programs and services, there is appropriated for write-offs of
accounts receivable, deferrals, and for prior year obligations in
excess of applicable prior year appropriations, an amount equal to
total write-offs and prior year obligations, but not to exceed
amounts available in prior year revenues.
(2) The department's ability to satisfy appropriation
deductions in part 1 shall not be limited to collections and
accruals pertaining to services provided in the current fiscal
year, but shall also include reimbursements, refunds, adjustments,
and settlements from prior years.
Sec. 218. The department shall include the following in its
annual list of proposed basic health services as required in part
23 of the public health code, 1978 PA 368, MCL 333.2301 to
333.2321:
(a) Immunizations.
(b) Communicable disease control.
(c) Sexually transmitted disease control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye infection in newborns.
(f) Screening newborns for the conditions listed in section
5431 of the public health code, 1978 PA 368, MCL 333.5431, or
recommended by the newborn screening quality assurance advisory
committee created under section 5430 of the public health code,
1978 PA 368, MCL 333.5430.
(g) Community health annex of the Michigan emergency
management plan.
(h) Prenatal care.
Sec. 219. (1) The department may contract with the Michigan
public health institute for the design and implementation of
projects and for other public health-related activities prescribed
in section 2611 of the public health code, 1978 PA 368, MCL
333.2611. The department may develop a master agreement with the
institute to carry out these purposes for up to a 3-year period.
The department shall report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget director on or before January 1 of
the current fiscal year all of the following:
(a) A detailed description of each funded project.
(b) The amount allocated for each project, the appropriation
line item from which the allocation is funded, and the source of
financing for each project.
(c) The expected project duration.
(d) A detailed spending plan for each project, including a
list of all subgrantees and the amount allocated to each
subgrantee.
(2) On or before September 30 of the current fiscal year, the
department shall provide to the same parties listed in subsection
(1) a copy of all reports, studies, and publications produced by
the Michigan public health institute, its subcontractors, or the
department with the funds appropriated in part 1 and allocated to
the Michigan public health institute.
Sec. 223. The department may establish and collect fees for
publications, videos and related materials, conferences, and
workshops. Collected fees shall be used to offset expenditures to
pay for printing and mailing costs of the publications, videos and
related materials, and costs of the workshops and conferences. The
department shall not collect fees under this section that exceed
the cost of the expenditures.
Sec. 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.
(3) The department shall inform the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies of any alterations or adjustments made to the
published plan for integrated care for individuals who are dual
Medicare/Medicaid eligibles when the final version of the plan has
been submitted to the federal centers for Medicare and Medicaid
services or the federal department of health and human services.
(4) At least 30 days before implementation of the plan for
integrated care for individuals who are dual Medicare/Medicaid
eligibles, the department shall submit the plan to the legislature
for review.
Sec. 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. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committees, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 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 outside services that
the attorney general authorizes.
Sec. 287. 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 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. 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 year ending September 30, 2014.
Sec. 297. It is the intent of the legislature that all
principal executive departments and agencies cooperate with the
development and implementation of the department of technology,
management, and budget statewide office space consolidation plan.
Sec. 298. From the funds appropriated in part 1 for the
Michigan Medicaid information system line item, $20,000,000.00 in
private revenue will be allocated for the Michigan-Illinois
alliance Medicaid management information systems project.
BEHAVIORAL HEALTH SERVICES
Sec. 401. Funds appropriated in part 1 are intended to support
a system of comprehensive community mental health services under
the full authority and responsibility of local CMHSPs or PIHPs. 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 wraparound
services provided, and the expenditures for those services. The
department shall provide the annual reports to the senate and house
appropriations subcommittees on community health 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
to coordinate care and services provided to individuals with severe
and persistent mental illness and substance abuse diagnoses.
(2) The department shall approve managing entity fee schedules
for providing substance abuse services and charge participants in
accordance with their ability to pay.
(3) The managing entity shall continue current efforts to
collaborate on the delivery of services to those clients with
mental illness and substance abuse diagnoses with the goal of
providing services in an administratively efficient manner.
Sec. 408. (1) By April 1 of the current fiscal year, the
department shall report the following data from the prior fiscal
year on substance 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 department-designated community
mental health entity, by central diagnosis and referral agency, by
fund source, by subcontractor, by population served, and by service
type. Additionally, data on administrative expenditures by
department-designated community mental health entity shall be
reported.
(b) Expenditures per state client, with data on the
distribution of expenditures reported using a histogram approach.
(c) Number of services provided by central diagnosis and
referral agency, by subcontractor, and by service type.
Additionally, data on length of stay, referral source, and
participation in other state programs.
(d) Collections from other first- or third-party payers,
private donations, or other state or local programs, by department-
designated community mental health entity, by subcontractor, by
population served, and by service type.
(2) The department shall take all reasonable actions to ensure
that the required data reported are complete and consistent among
all department-designated community mental health entities.
Sec. 410. The department shall assure that substance 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. 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 develop a plan to maximize
uniformity and consistency in the standards required of providers
contracting directly with PIHPs and CMHSPs. 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.
(2) The department shall provide a status report to the senate
and house appropriations subcommittees on community health, the
senate and house fiscal agencies, and the state budget director on
implementation of the plan by July 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) Contingent upon federal approval, if a CMHSP,
PIHP, or subcontracting provider agency is reviewed and accredited
by a national accrediting entity for behavioral health care
services, the department, by April 1 of the current fiscal year,
shall consider that CMHSP, PIHP, or subcontracting provider agency
in compliance with state program review and audit requirements that
are addressed and reviewed by that national accrediting entity.
(2) By June 1 of the current fiscal year, the department shall
report to the house and senate appropriations subcommittees on
community health, the house and senate fiscal agencies, and the
state budget office all of the following:
(a) A list of each CMHSP, PIHP, and subcontracting provider
agency that is considered in compliance with state program review
and audit requirements under subsection (1).
(b) For each CMHSP, PIHP, or subcontracting provider agency
described in subdivision (a), all of the following:
(i) The state program review and audit requirements that the
CMHSP, PIHP, or subcontracting provider agency is considered in
compliance with.
(ii) The national accrediting entity that reviewed and
accredited the CMHSP, PIHP, or subcontracting provider agency.
(3) The department shall continue to comply with state and
federal law and shall not initiate an action that negatively
impacts beneficiary safety.
(4) As used in this section, "national accrediting entity"
means the joint commission on accreditation of healthcare
organizations, the commission on accreditation of rehabilitation
facilities, the council of accreditation, the utilization review
accreditation commission, the national committee for quality
assurance, or other appropriate entity, as approved by the
department.
Sec. 497. The population data used in determining the
distribution of substance abuse block grant funds shall be from the
most recent federal census.
Sec. 498. (1) The department shall use standard program
evaluation measures to assess the effectiveness of heroin and other
opiates treatment programs provided through coordinating agencies
and service providers in reducing and preventing the incidence of
substance use disorders. The measures established by the department
shall be modeled after the program outcome measures and best
practice guidelines for the treatment of heroin and other opiates
as prescribed by the federal substance abuse and mental health
services administration.
(2) By May 15 of the current fiscal year, the department shall
provide a report to the house and senate appropriations
subcommittees on community health, the house and senate fiscal
agencies, and the state budget office on the effectiveness of
treatment programs for heroin and other opiates.
Sec. 499. The department shall explore ways to use mental
health funding to address the mental health needs of deaf and hard-
of-hearing persons. The department shall report to the senate and
house appropriations subcommittees on community health on the
results of this process by March 1 of the current fiscal year.
Sec. 500. Of the funds appropriated in part 1 for the jail
diversion programs initiative, the department shall give priority
to the following:
(a) County sheriffs, including the St. Joseph County sheriff.
(b) Community court or similar projects, including the 36th
District Court community court project.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 601. The department shall continue a revenue recapture
project to generate additional revenues from third parties related
to cases that have been closed or are inactive. A portion of
revenues collected through project efforts may be used for
departmental costs and contractual fees associated with these
retroactive collections and to improve ongoing departmental
reimbursement management functions.
Sec. 602. The purpose of gifts and bequests for patient living
and treatment environments is to use additional private funds to
provide specific enhancements for individuals residing at state-
operated facilities. Use of the gifts and bequests shall be
consistent with the stipulation of the donor. The expected
completion date for the use of gifts and bequests donations is
within 3 years unless otherwise stipulated by the donor.
Sec. 605. (1) The department shall not implement any closures
or consolidations of state hospitals, centers, or agencies until
CMHSPs or PIHPs have programs and services in place for those
individuals currently in those facilities and a plan for service
provision for those individuals who would have been admitted to
those facilities.
(2) All closures or consolidations are dependent upon adequate
department-approved CMHSP and PIHP plans that include a discharge
and aftercare plan for each individual currently in the facility. A
discharge and aftercare plan shall address the individual's housing
needs. A homeless shelter or similar temporary shelter arrangements
are inadequate to meet the individual's housing needs.
(3) Four months after the certification of closure required in
section 19(6) of the state employees' retirement act, 1943 PA 240,
MCL 38.19, the department shall provide a closure plan to the house
and senate appropriations subcommittees on community health and the
state budget director.
(4) Upon the closure of state-run operations and after
transitional costs have been paid, the remaining balances of funds
appropriated for that operation shall be transferred to CMHSPs or
PIHPs responsible for providing services for individuals previously
served by the operations.
Sec. 606. The department may collect revenue for patient
reimbursement from first- and third-party payers, including
Medicaid and local county CMHSP payers, to cover the cost of
placement in state hospitals and centers. The department is
authorized to adjust financing sources for patient reimbursement
based on actual revenues earned. If the revenue collected exceeds
current year expenditures, the revenue may be carried forward with
approval of the state budget director. The revenue carried forward
shall be used as a first source of funds in the subsequent year.
Sec. 608. Effective October 1 of the current fiscal year, the
department, in consultation with the department of technology,
management, and budget, may maintain a bid process to identify 1 or
more private contractors to provide food service and custodial
services for the administrative areas at any state hospital
identified by the department as capable of generating savings
through the outsourcing of such services.
PUBLIC HEALTH ADMINISTRATION
Sec. 650. 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. 654. From the funds appropriated in part 1 for health and
wellness initiatives, $1,000,000.00 shall be allocated for a pilot
before- and after-school healthy exercise program to promote and
advance physical health for school children in kindergarten through
grade 6. The department shall develop a model for program sites
that incorporates evidence-based best practices. The department
shall establish guidelines for program sites, which may include
public schools, community-based organizations, private facilities,
recreation centers, or other similar sites. The program format
shall encourage local determination of site activities and shall
encourage local inclusion of youth in the decision-making regarding
site activities. Program goals shall include children experiencing
good physical health, the reduction of obesity, providing a safe
place to play and exercise, and nutrition education. To be eligible
to participate in the pilot, program sites shall provide a 20%
match to the state funding. The department shall seek financial
support from corporate, foundation, or other private partners for
the program or for individual program sites.
HEALTH POLICY
Sec. 704. The department shall continue to contract with
grantees supported through the appropriation in part 1 for the
emergency medical services program to ensure that a sufficient
number of qualified emergency medical services personnel exist to
serve rural areas of the state.
Sec. 709. (1) The funds appropriated in part 1 for the
Michigan essential health care provider program may also provide
loan repayment for dentists that fit the criteria established by
part 27 of the public health code, 1978 PA 368, MCL 333.2701 to
333.2727.
(2) From the funds appropriated in part 1 for the Michigan
essential health provider program, the department may reduce the
local and private share of the loan and repayment costs to 25% for
primary care physicians, particularly obstetricians and
gynecologists working in underserved areas.
Sec. 712. From the funds appropriated in part 1 for primary
care services, $250,000.00 shall be allocated to free health
clinics operating in the state. The department shall distribute the
funds equally to each free health clinic. For the purpose of this
appropriation, "free health clinics" means nonprofit organizations
that use volunteer health professionals to provide care to
uninsured individuals.
Sec. 713. The department shall continue support of
multicultural agencies that provide primary care services from the
funds appropriated in part 1.
Sec. 715. The department shall evaluate options for
incentivizing students attending medical schools in this state to
meet their primary care residency requirements in this state and
ultimately, for some period of time, to remain in this state and
serve as primary care physicians.
Sec. 716. (1) The department is encouraged to create and
implement a pilot program limited to counties with a population of
less than 100,000 to incentivize students attending medical schools
in Michigan through a loan repayment program or other approaches
for committing to provide medical services in rural counties with a
medically underserved population. The program shall be limited to
those students or individuals performing primary care or specialty
services as identified by the department.
(2) By no later than September 30 of the current fiscal year,
the department shall prepare a report and submit it to the senate
and house appropriations subcommittees on community health, the
senate and house fiscal agencies, and the state budget director.
The department shall evaluate the effectiveness of the pilot
program, identify potential changes to improve the program, and
make recommendations for statewide implementation in its report
under this subsection.
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. By January 3 of the current fiscal year the
department shall annually issue to the legislature, and to the
public on the Internet, a report providing estimated public funds
administered by the department for family planning, sexually
transmitted infection prevention and treatment, and pregnancies and
births, as well as demographics collected by the department as
voluntarily self-reported by individuals utilizing those services.
The department shall provide the actual expenditures by marital
status or, where actual expenditures are not available, shall
provide estimated expenditures by marital status. The department
may utilize the Plan First application (Form MSA 1582), MIChild,
and Healthy Kids application (DCH 0373) or Assistance Application
(DHS 1171) or any other official application for public assistance
for medical coverage to determine the actual or estimated public
expenditures based on marital status.
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 program
guidelines for project grants for family planning services. An
agency not in compliance with the indicators shall not receive
supplemental or reallocated funds.
Sec. 1108. The 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. 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 behavioral health and developmental disabilities
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.
Sec. 1136. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, $700,000.00 shall be
allocated for a pregnancy and parenting support services program as
a pilot project, which program must promote childbirth. The
department shall establish a statewide program with a qualified
contractor that will contract with qualified service providers to
provide free counseling, support, and referral services to eligible
women during pregnancy through 12 months after birth. As
appropriate, the goals for client outcomes shall include an
increase in client support, an increase in childbirth choice, an
increase in adoption knowledge, an improvement in parenting skills,
and improved reproductive health through abstinence education. The
contractor of the statewide program shall provide for program
training, client educational material, program marketing, and
annual provider site monitoring.
Sec. 1137. From the funds appropriated in part 1 for prenatal
care outreach and service delivery support, not less than
$350,000.00 of new funding shall be allocated to the nurse family
partnership program for the following projects:
(a) Enhanced support and education to nursing teams.
(b) Client recruitment in high-need communities.
(c) A nurse family partnership program in a city with a
population of 600,000 or more for strategic planning to expand and
sustain the program and for marketing and communications of the
program to raise awareness, engage stakeholders, and recruit
nurses.
Sec. 1138. The department shall allocate funds appropriated in
section 113 of part 1 for family, maternal, and children's health
services pursuant to section 1 of 2002 PA 360, MCL 333.1091.
CHILDREN'S SPECIAL HEALTH CARE SERVICES
Sec. 1202. The department may do 1 or more of the following:
(a) Provide special formula for eligible clients with
specified metabolic and allergic disorders.
(b) Provide medical care and treatment to eligible patients
with cystic fibrosis who are 21 years of age or older.
(c) Provide medical care and treatment to eligible patients
with hereditary coagulation defects, commonly known as hemophilia,
who are 21 years of age or older.
(d) Provide human growth hormone to eligible patients.
Sec. 1204. By October 1 of the current fiscal year, 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. 1403. (1) By February 1 of the current fiscal year, the
office of services to the aging shall require each region to report
to the office of services to the aging and to the legislature home-
delivered meals waiting lists based upon standard criteria.
Determining criteria shall include all of the following:
(a) The recipient's degree of frailty.
(b) The recipient's inability to prepare his or her own meals
safely.
(c) Whether the recipient has another care provider available.
(d) Any other qualifications normally necessary for the
recipient to receive home-delivered meals.
(2) Data required in subsection (1) shall be recorded only for
individuals who have applied for participation in the home-
delivered meals program and who are initially determined as likely
to be eligible for home-delivered meals.
Sec. 1417. The department shall provide to the senate and
house appropriations subcommittees on community health, senate and
house fiscal agencies, and state budget director a report by March
30 of the current fiscal year that contains all of the following:
(a) The total allocation of state resources made to each area
agency on aging by individual program and administration.
(b) Detail expenditure by each area agency on aging by
individual program and administration including both state-funded
resources and locally funded resources.
Sec. 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.
Sec. 1421. From the funds appropriated in part 1 for community
services, $1,100,000.00 shall be allocated to area agencies on
aging for locally determined needs.
MEDICAL SERVICES ADMINISTRATION
Sec. 1501. The unexpended funds appropriated in part 1 for the
electronic health records incentive program are considered work
project appropriations, and any unencumbered or unallotted funds
are carried forward into the following fiscal year. The following
is in compliance with section 451a(1) of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project to be carried forward is to
implement the Medicaid electronic health record program that
provides financial incentive payments to Medicaid health care
providers to encourage the adoption and meaningful use of
electronic health records to improve quality, increase efficiency,
and promote safety.
(b) The projects will be accomplished according to the
approved federal advanced planning document.
(c) The estimated cost of this project phase is identified in
the appropriation line item.
(d) The tentative completion date for the work project is
September 30, 2018.
MEDICAL SERVICES
Sec. 1601. The cost of remedial services incurred by residents
of licensed adult foster care homes and licensed homes for the aged
shall be used in determining financial eligibility for the
medically needy. Remedial services include basic self-care and
rehabilitation training for a resident.
Sec. 1603. (1) The department may establish a program for
individuals to purchase medical coverage at a rate determined by
the department.
(2) The department may receive and expend premiums for the
buy-in of medical coverage in addition to the amounts appropriated
in part 1.
(3) The premiums described in this section shall be classified
as private funds.
Sec. 1605. The protected income level for Medicaid coverage
determined pursuant to section 106(1)(b)(iii) of the social welfare
act, 1939 PA 280, MCL 400.106, shall be 100% of the related public
assistance standard.
Sec. 1606. For the purpose of guardian and conservator
charges, the department 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. 1629. The department shall utilize maximum allowable cost
pricing for generic drugs that is based on wholesaler pricing to
providers that is available from at least 2 wholesalers who deliver
in the state of Michigan.
Sec. 1631. (1) The department shall require co-payments on
dental, podiatric, and vision services provided to Medicaid
recipients, except as prohibited by federal or state law or
regulation.
(2) Except as otherwise prohibited by federal or state law or
regulations, the department shall require Medicaid recipients to
pay the following co-payments:
(a) Two dollars for a physician office visit.
(b) Three dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital
stay.
(d) One dollar for an outpatient hospital visit.
Sec. 1641. An institutional provider that is required to
submit a cost report under the medical services program shall
submit cost reports completed in full within 5 months after the end
of its fiscal year.
Sec. 1657. (1) Reimbursement for medical services to screen
and stabilize a Medicaid recipient, including stabilization of a
psychiatric crisis, in a hospital emergency room shall not be made
contingent on obtaining prior authorization from the recipient's
HMO. If the recipient is discharged from the emergency room, the
hospital shall notify the recipient's HMO within 24 hours of the
diagnosis and treatment received.
(2) If the treating hospital determines that the recipient
will require further medical service or hospitalization beyond the
point of stabilization, that hospital shall receive authorization
from the recipient's HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do not require an alteration to an
existing agreement between an HMO and its contracting hospitals and
do not require an HMO to reimburse for services that are not
considered to be medically necessary.
Sec. 1659. The following sections of this part are the only
ones that shall apply to the following Medicaid managed care
programs, including the comprehensive plan, MIChoice long-term care
plan, and the mental health, substance abuse, and developmentally
disabled services program: 404, 411, 418, 428, 474, 494, 1607,
1657, 1662, 1689, 1699, 1740, 1764, 1815, 1820, and 1850.
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 contract with Medicaid health plans
to provide physical health services to MIChild enrollees in their
Medicaid health plan approved service area. The department may
continue to obtain physical health services for MIChild enrollees
from health maintenance organizations and preferred provider
organizations currently under contract for whatever duration is
needed to implement coverage throughout the state by Medicaid
health plans. The department shall contract with qualified dental
plans to provide dental coverage for MIChild enrollees.
(6) The department may enter into contracts to obtain certain
MIChild services from community mental health service programs.
(7) The department may make payments on behalf of children
enrolled in the MIChild program from the line-item appropriation
associated with the program as described in the MIChild state plan
approved by the United States department of health and human
services, or from other medical services.
(8) The department shall assure that an external quality
review of each MIChild contractor, as described in subsection (5),
is performed, which analyzes and evaluates the aggregated
information on quality, timeliness, and access to health care
services that the contractor furnished to MIChild beneficiaries.
(9) The department shall develop an automatic enrollment
algorithm that is based on quality and performance factors.
(10) MIChild services shall include treatment for autism
spectrum disorders as defined in the federally approved Medicaid
state plan.
Sec. 1673. The department may establish premiums for MIChild
eligible individuals in families with income above 150% of the
federal poverty level. The monthly premiums shall not be less than
$10.00 or exceed $15.00 for a family.
Sec. 1677. The MIChild program shall provide all benefits
available under the state employee insurance plan that are
delivered through contracted providers and consistent with federal
law, including, but not limited to, the following medically
necessary services:
(a) Inpatient mental health services, other than substance
abuse treatment services, including services furnished in a state-
operated mental hospital and residential or other 24-hour
therapeutically planned structured services.
(b) Outpatient mental health services, other than substance
abuse services, including services furnished in a state-operated
mental hospital and community-based services.
(c) Durable medical equipment and prosthetic and orthotic
devices.
(d) Dental services as outlined in the approved MIChild state
plan.
(e) Substance abuse treatment services that may include
inpatient, outpatient, and residential substance abuse treatment
services.
(f) Care management services for mental health diagnoses.
(g) Physical therapy, occupational therapy, and services for
individuals with speech, hearing, and language disorders.
(h) Emergency ambulance services.
Sec. 1682. (1) The department shall implement enforcement
actions as specified in the nursing facility enforcement provisions
of section 1919 of title XIX, 42 USC 1396r.
(2) In addition to the appropriations in part 1, the
department is authorized to receive and spend penalty money
received as the result of noncompliance with medical services
certification regulations. Penalty money, characterized as private
funds, received by the department shall increase authorizations and
allotments in the long-term care accounts.
(3) 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. 1689. 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 presents the number of individuals
transitioned from nursing homes to the home- and community-based
services waiver program, the number of individuals enrolled into
the home- and community-based services waiver program from the
community, the number of unique individuals served, the number of
days of care provided during the fiscal year, the estimated average
cost per day, and the number of individuals on waiting lists for
the home- and community-based services waiver program as of
September 30 of the current fiscal year.
Sec. 1692. (1) The department is authorized to pursue
reimbursement for eligible services provided in Michigan schools
from the federal Medicaid program. The department and the state
budget director are authorized to negotiate and enter into
agreements, together with the department of education, with local
and intermediate school districts regarding the sharing of federal
Medicaid services funds received for these services. The department
is authorized to receive and disburse funds to participating school
districts pursuant to such agreements and state and federal law.
(2) From the funds appropriated in part 1 for medical services
school-based services payments, the department is authorized to do
all of the following:
(a) Finance activities within the medical services
administration related to this project.
(b) Reimburse participating school districts pursuant to the
fund-sharing ratios negotiated in the state-local agreements
authorized in subsection (1).
(c) Offset general fund costs associated with the medical
services program.
Sec. 1693. The special Medicaid reimbursement appropriation in
part 1 may be increased if the department submits a medical
services state plan amendment pertaining to this line item at a
level higher than the appropriation. The department is authorized
to appropriately adjust financing sources in accordance with the
increased appropriation.
Sec. 1694. (1) The department shall distribute $1,122,300.00
for poison control services to an academic health care system that
includes a children's hospital that has a high indigent care
volume.
(2) By March 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 fiscal agencies on the
adequacy of the payment described in subsection (1).
Sec. 1699. (1) The department may make separate payments in
the amount of $45,000,000.00 directly to qualifying hospitals
serving a disproportionate share of indigent patients and to
hospitals providing GME training programs. If direct payment for
GME and DSH is made to qualifying hospitals for services to
Medicaid clients, hospitals shall not include GME costs or DSH
payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH
funding using the distribution methodology used in fiscal year
2003-2004.
(3) By September 30 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees
on community health and the senate and house fiscal agencies on the
new distribution of funding to each eligible hospital from the GME
and DSH pools.
Sec. 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. 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 and specialty prepaid inpatient health plans
as being actuarially sound in accordance with federal requirements
and shall provide a copy of the rate certification and approval
immediately to the house and senate appropriations subcommittees on
community health and the house and senate fiscal agencies.
Sec. 1775. If the state's application for a waiver to
implement managed care for dual Medicare/Medicaid eligibles is
approved by the federal government, the department shall provide
quarterly reports to the senate and house appropriations
subcommittees on community health and the senate and house fiscal
agencies on progress in implementing the waiver.
Sec. 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. 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 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 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. 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 conduct research on the
effectiveness of graduate medical education funding.
(2) The research shall do all of the following:
(a) Identify physician shortages by practice and geographic
area.
(b) Consider efforts by other states to use graduate medical
education funding to address shortages.
(c) Consider policy changes to the graduate medical education
program to reduce practitioner shortages.
(3) The department shall report the results of the research 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.
Sec. 1847. The department shall create a structure for an
ambulance quality assurance assessment program in consultation with
the Michigan association of ambulance services by April 1 of the
current fiscal year.
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. 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 by
June 1 of the current fiscal year to the senate and house
appropriations subcommittees on community health. Metrics shall
include cost savings and clinical outcomes.
Sec. 1857. It is the intent of the legislature that the
department not reduce Medicaid reimbursement for wheelchairs.
Sec. 1858. Medicaid services shall include treatment for
autism spectrum disorders as defined in the federally approved
Medicaid state plan.
Sec. 1860. The department may receive separate reports from
the health care association of Michigan, the Michigan county
medical care facility council, and aging services of Michigan
regarding each group's proposal to design and implement a Medicaid
reimbursement payment system for nursing facilities that
incorporates changes to both the plant and variable components. The
department shall provide copies of any reports received pursuant to
this section to the senate and house appropriations subcommittees
on community health and the senate and house fiscal agencies by
July 1 of the current fiscal year.
Sec. 1861. On or before October 31 of the current fiscal year,
the department shall provide the house and senate appropriations
subcommittees on community health and the house and senate fiscal
agencies its report regarding the pilot program involving
nonemergency medical transportation offered to Medicaid recipients.
Sec. 1865. Upon federal approval of the department's proposal
for integrated care for individuals who are dual Medicare/Medicaid
eligibles, the department shall provide the senate and house
appropriations subcommittees on community health and the senate and
house fiscal agencies its plan and organizational chart for
administering and providing oversight of this proposal. The plan
shall include information on how the department intends to organize
staff in an integrated manner to ensure that key components of the
House Bill No. 4328 (H-1) as amended April 24, 2013
proposal are implemented effectively.
[Sec. 1866. (1) From the funds appropriated in part 1 for hospital
services and therapy, the department shall make payments totaling
$36,000,000.00 to rural hospitals and sole community hospitals. The
priority for these payments to rural and sole community hospitals is to
reimburse the hospitals for outpatient services at cost, for inpatient
services at cost, for hospital-employed physician services at cost, and
for assistance with labor and delivery services, based on the proportion
of Medicaid deliveries at each rural and sole community hospital.
(2) To allow hospitals to understand their rural payment amounts
under this section, the department shall provide hospitals with the
methodology for distribution under this section and provide each hospital
with its applicable data that is used to determine the payment amounts by August 1 of the current fiscal year. The department shall publish the distribution of payments for the current fiscal year and the immediately preceding fiscal year.
(3) The department shall not distribute to a hospital under this section an amount that is greater than 5% of the total amount distributed to all hospitals under this section.
(4) As used in this section:
(a) "Rural hospital" includes a hospital that has fewer than 50 staffed beds and is located outside a metropolitan statistical area or is located inside 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 decennial census and within a county with a population of not more than 165,000 according to the official 2000 federal decennial census.
(b) "Sole community hospital" means a hospital that has been designated by Medicare as a sole community hospital.]
Sec. 1868. The department shall assure access to a coordinated
beneficiary complaints process through the department's integrated
health care program for persons dually enrolled in Medicaid and
Medicare. This process shall afford at least the level of
responsiveness and protection that is currently provided for
Medicaid enrollees through the program's existing processes.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 2001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE V
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2014, from the
following funds:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Average population............................. 43,953
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions....... 14,480.5
GROSS APPROPRIATION.................................... $ 2,043,809,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,109,600
ADJUSTED GROSS APPROPRIATION........................... $ 2,042,699,900
Federal revenues:
Total federal revenues................................. 8,852,500
Special revenue funds:
Total local revenues................................... 266,200
Total private revenues................................. 0
Total other state restricted revenues.................. 56,002,900
State general fund/general purpose..................... $ 1,977,578,300
Sec. 102. EXECUTIVE
Full-time equated unclassified positions......... 16.0
Full-time equated classified positions............ 3.0
Unclassified positions--16.0 FTE positions............. $ 1,667,100
Executive direction--3.0 FTE positions................. 1,811,700
Neal, et al. settlement agreement...................... 20,000,000
GROSS APPROPRIATION.................................... $ 23,478,800
Appropriated from:
State general fund/general purpose..................... $ 23,478,800
Sec. 103. PRISONER RE-ENTRY AND COMMUNITY SUPPORT
Prisoner re-entry local service providers.............. $ 14,211,500
Prisoner re-entry MDOC programs........................ 12,929,200
Prisoner re-entry federal grants....................... 1,035,000
Public safety initiative............................... 4,500,000
Second chance employment - Goodwill's oil filter
recycling project.................................... 250,000
GROSS APPROPRIATION.................................... $ 32,925,700
Appropriated from:
Federal revenues:
DOJ, prisoner reintegration............................ 1,035,000
State general fund/general purpose..................... $ 31,890,700
Sec. 104. OPERATIONS SUPPORT ADMINISTRATION
Full-time equated classified positions.......... 196.0
Operations support administration--108.1 FTE positions. $ 12,987,600
New custody staff training............................. 8,963,800
Compensatory buyout and union leave bank............... 100
Worker's compensation.................................. 19,439,100
Bureau of fiscal management--65.9 FTE positions........ 8,363,900
Office of legal services--15.0 FTE positions........... 2,194,100
Internal affairs--7.0 FTE positions.................... 1,211,000
Rent................................................... 2,095,200
Equipment and special maintenance...................... 7,359,600
Administrative hearings officers....................... 3,243,100
Judicial data warehouse user fees...................... 50,000
Sheriffs' coordinating and training office............. 500,000
Prosecutorial and detainer expenses.................... 4,551,000
County jail reimbursement program...................... 15,072,100
GROSS APPROPRIATION.................................... $ 86,030,600
Appropriated from:
Interdepartmental grant revenues:
IDG-MDSP, Michigan justice training fund............... 337,600
Special revenue funds:
Jail reimbursement program fund........................ 5,900,000
Special equipment fund................................. 5,800,000
Local corrections officer training fund................ 500,000
Correctional industries revolving fund................. 590,000
State general fund/general purpose..................... $ 72,903,000
Sec. 105. FIELD OPERATIONS ADMINISTRATION
Full-time equated classified positions........ 2,163.4
Field operations--1,821.9 FTE positions................ $ 198,911,300
Parole board operations--41.0 FTE positions............ 4,828,400
Parole/probation services.............................. 2,243,500
Community re-entry centers--215.5 FTE positions........ 32,267,500
Electronic monitoring center--56.0 FTE positions....... 13,347,400
Community corrections administration--10.0 FTE
positions............................................ 1,257,300
Substance abuse testing and treatment services--19.0
FTE positions........................................ 22,366,600
Residential services................................... 15,475,500
Community corrections comprehensive plans and services. 12,158,000
Felony drunk driver jail reduction and community
treatment program.................................... 1,440,100
GROSS APPROPRIATION.................................... $ 304,295,600
Appropriated from:
Federal revenues:
DOJ, office of justice programs, RSAT.................. 575,700
Special revenue funds:
Local - community tether program reimbursement......... 266,200
Re-entry center offender reimbursements................ 23,800
Parole and probation oversight fees.................... 6,192,100
Parole and probation oversight fees set-aside.......... 2,664,800
Tether program participant contributions............... 2,272,900
State general fund/general purpose..................... $ 292,300,100
Sec. 106. CORRECTIONAL FACILITIES-ADMINISTRATION
Full-time equated classified positions........ 1,056.0
Correctional facilities administration--21.5 FTE
positions............................................ $ 6,814,500
Prison food service--341.0 FTE positions............... 67,541,100
Transportation--211.0 FTE positions.................... 25,955,600
Central records--52.5 FTE positions.................... 4,733,400
Inmate legal services.................................. 715,900
Loans to parolees...................................... 179,400
Housing inmates in federal institutions................ 993,800
Prison store operations--63.0 FTE positions............ 5,590,000
Prison industries operations--123.0 FTE positions...... 18,056,600
Federal school lunch program........................... 812,800
Leased beds and alternatives to leased beds............ 1,000,000
Public works programs.................................. 1,000,000
Cost-effective housing initiative...................... 100
Inmate housing fund.................................... 100
Education program--244.0 FTE positions................. 33,492,000
GROSS APPROPRIATION.................................... $ 166,885,300
Appropriated from:
Interdepartmental grant revenues:
IDG-MDCH, forensic center food service................. 552,300
IDG-MDHS, Maxey/Woodland Center food service........... 219,700
Federal revenues:
DAG-FNS, national school lunch......................... 812,800
DED-OESE, title 1...................................... 552,500
DED-OVAE, adult education.............................. 943,800
DED-OSERS.............................................. 114,100
DED, vocational education equipment.................... 294,500
DED, youthful offender/Specter grant................... 1,365,400
DOJ-BOP, federal prisoner reimbursement................ 411,000
DOJ-OJP, serious and violent offender reintegration
initiative........................................... 10,900
DOJ, prison rape elimination act grant................. 654,600
SSA-SSI, incentive payment............................. 265,900
Federal education revenues............................. 156,400
Special revenue funds:
Correctional industries revolving fund................. 18,056,600
Public works user fees................................. 1,000,000
Resident stores........................................ 5,590,000
State general fund/general purpose..................... $ 135,884,800
Sec. 107. HEALTH CARE
Full-time equated classified positions........ 1,519.3
Health care administration--15.0 FTE positions......... $ 2,563,000
Prisoner health care services.......................... 91,953,100
Vaccination program.................................... 691,200
Interdepartmental grant to human services, eligibility
specialists.......................................... 100,000
Mental health services and support--363.0 FTE
positions............................................ 58,194,900
Clinical complexes--1,141.3 FTE positions.............. 143,144,100
GROSS APPROPRIATION.................................... $ 296,646,300
Appropriated from:
Special revenue funds:
Prisoner health care copayments........................ 285,700
State general fund/general purpose..................... $ 296,360,600
Sec. 108. NORTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 20,731
Full-time equated classified positions........ 4,239.9
Alger correctional facility - Munising--261.2 FTE
positions............................................ $ 31,097,300
Average population................................ 889
Baraga correctional facility - Baraga--295.8 FTE
positions............................................ 34,144,400
Average population................................ 884
Earnest C. Brooks correctional facility - Muskegon--
443.7 FTE positions.................................. 50,094,000
Average population.............................. 2,512
Chippewa correctional facility - Kincheloe--436.3 FTE
positions............................................ 48,537,300
Average population.............................. 2,282
Kinross correctional facility - Kincheloe--323.8 FTE
positions............................................ 36,660,400
Average population.............................. 1,799
Marquette branch prison - Marquette--308.4 FTE
positions............................................ 37,952,800
Average population.............................. 1,201
Muskegon correctional facility - Muskegon--208.4 FTE
positions............................................ 22,989,200
Average population.............................. 1,338
Newberry correctional facility - Newberry--207.8 FTE
positions............................................ 24,244,000
Average population................................ 978
Oaks correctional facility - Eastlake--295.6 FTE
positions............................................ 34,623,300
Average population.............................. 1,156
Ojibway correctional facility - Marenisco--201.1 FTE
positions............................................ 22,451,300
Average population.............................. 1,090
Central Michigan correctional facility - St. Louis--
394.6 FTE positions.................................. 45,116,900
Average population.............................. 2,554
Pugsley correctional facility - Kingsley--210.9 FTE
positions............................................ 23,728,400
Average population.............................. 1,342
Saginaw correctional facility - Freeland--287.4 FTE
positions............................................ 32,782,200
Average population.............................. 1,480
St. Louis correctional facility - St. Louis--310.9 FTE
positions............................................ 36,855,900
Average population.............................. 1,226
Northern region administration and support--54.0 FTE
positions............................................ 4,916,100
GROSS APPROPRIATION.................................... $ 486,193,500
Appropriated from:
State general fund/general purpose..................... $ 486,193,500
Sec. 109. SOUTHERN REGION CORRECTIONAL FACILITIES
Average population............................. 23,222
Full-time equated classified positions........ 5,302.9
Bellamy Creek correctional facility - Ionia--391.4 FTE
positions............................................ $ 44,166,000
Average population.............................. 1,850
Carson City correctional facility - Carson City--427.9
FTE positions........................................ 47,434,500
Average population.............................. 2,440
Cooper street correctional facility - Jackson--260.1
FTE positions........................................ 28,658,700
Average population.............................. 1,799
G. Robert Cotton correctional facility - Jackson--
392.9 FTE positions.................................. 42,137,200
Average population.............................. 1,841
Charles E. Egeler correctional facility - Jackson--
372.7 FTE positions.................................. 46,515,800
Average population.............................. 1,376
Richard A. Handlon correctional facility - Ionia--
246.4 FTE positions.................................. 28,250,000
Average population.............................. 1,373
Gus Harrison correctional facility - Adrian--446.1 FTE
positions............................................ 49,362,600
Average population.............................. 2,342
Womens Huron Valley correctional complex - Ypsilanti--
521.0 FTE positions.................................. 61,042,800
Average population.............................. 1,872
Ionia correctional facility - Ionia--293.8 FTE
positions............................................ 33,526,800
Average population................................ 654
Lakeland correctional facility - Coldwater--269.9 FTE
positions............................................ 31,677,900
Average population.............................. 1,336
Macomb correctional facility - New Haven--295.0 FTE
positions............................................ 33,743,000
Average population.............................. 1,376
Maxey/Woodland Center correctional facility - Whitmore
Lake--264.4 FTE positions............................ 31,240,600
Average population................................ 328
Michigan reformatory - Ionia--310.6 FTE positions...... 36,826,100
Average population.............................. 1,338
Parnall correctional facility - Jackson--259.5 FTE
positions............................................ 29,016,600
Average population.............................. 1,678
Thumb correctional facility - Lapeer--286.2 FTE
positions............................................ 32,912,300
Average population.............................. 1,219
Special alternative incarceration program (Camp
Cassidy Lake)--121.0 FTE positions................... 14,787,300
Average population................................ 400
Southern region administration and support--144.0 FTE
positions............................................ 17,726,800
Ionia and Jackson area utilities....................... 7,586,200
GROSS APPROPRIATION.................................... $ 616,611,200
Appropriated from:
Federal revenues:
Federal revenues and reimbursements.................... 1,612,200
DOJ, state criminal alien assistance program........... 47,700
Special revenue funds:
State restricted revenues and reimbursements........... 283,900
State general fund/general purpose..................... $ 614,667,400
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 24,742,500
GROSS APPROPRIATION.................................... $ 24,742,500
Appropriated from:
Special revenue funds:
Correctional industries revolving fund................. 171,200
Parole and probation oversight fees set-aside.......... 671,900
State general fund/general purpose..................... $ 23,899,400
Sec. 111. CAPITAL OUTLAY
Capital outlay - security improvements................. $ 6,000,000
GROSS APPROPRIATION.................................... $ 6,000,000
Appropriated from:
Special revenue funds:
Special equipment fund................................. 6,000,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is $2,033,581,200.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $90,609,700.00. 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...................................... $ 57,036,100
Community corrections comprehensive plans
and services......................................... 12,158,000
Community corrections residential services............. 15,475,500
Felony drunk driver jail reduction and
community treatment program.......................... 1,440,100
Public safety initiative............................... 4,500,000
TOTAL.................................................. $ 90,609,700
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) "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 2013-2014:
(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) "MDHS" means the Michigan department of human services.
(x) "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.
(y) "MDSP" means the Michigan department of state police.
(z) "MPRI" means the Michigan prisoner reentry initiative.
(aa) "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.
(bb) "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.
(cc) "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.
(dd) "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.
(ee) "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.
(ff) "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.
(gg) "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.
(hh) "RSAT" means residential substance abuse treatment.
(ii) "Serious emotional disturbance" means that term as
defined in section 100d(2) of the mental health code, 1974 PA 328,
MCL 330.1100d.
(jj) "Serious mental illness" means that term as defined in
section 100d(3) of the mental health code, 1974 PA 328, MCL
330.1100d.
(kk) "SSA" means the United States social security
administration.
(ll) "SSA-SSI" means SSA supplemental security income.
Sec. 206. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 207. State employees shall be given the opportunity to
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 part.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement or
it may include placement of reports on an Internet or Intranet
site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. (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, the department shall report on
the number of full-time equated positions in pay status by civil
service classification to the senate and house appropriations
subcommittees on corrections and the senate and house fiscal
agencies. This report shall include a detailed accounting of the
long-term vacancies that exist within the 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. 216. The department shall prepare a report on out-of-
state travel expenses not later than January 1 of each year. The
travel report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate standing committees on
appropriations, the house and senate fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
House Bill No. 4328 (H-1) as amended April 23, 2013
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) Any contract for prisoner telephone services
entered into after the effective date of this 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.
(2) Revenues appropriated and collected for special equipment
funds shall be considered state restricted revenue[. Of this revenue,
$2,000,000.00 shall be used for education and programming, with particular emphasis on individuals who are past their earliest release dates. Any remaining balance] shall be
used for special equipment and security projects. Unexpended funds
remaining at the close of the fiscal year shall not lapse to the
general fund but shall be carried forward and be available for
appropriation in subsequent fiscal years.
(3) The department shall submit a report to the house and
senate appropriations subcommittees on corrections, the house and
senate fiscal agencies, the legislative corrections ombudsman, and
the state budget director by February 1 outlining revenues and
expenditures from special equipment funds. The report shall include
all of the following:
(a) A list of all individual projects and purchases financed
with special equipment funds in the immediately preceding fiscal
year and the amounts expended on each project or purchase.
(b) A list of planned projects and purchases to be financed
with special equipment funds during the current fiscal year and the
amounts to be expended on each project or purchase.
(c) A review of projects and purchases planned for future
fiscal years from special equipment funds.
Sec. 220. Not later than November 15, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 221. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $4,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 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,
the legislative corrections ombudsman, and the state budget
director. The report shall identify all lawsuits adjudicated or
settled 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 $100,000.00 or more against the
department.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
committee chairs, the senate and house appropriations subcommittees
on corrections, and the senate and house fiscal agencies with an
annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2013 and
September 30, 2014.
Sec. 237. The department shall follow 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. 240. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 241. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
[Sec. 242. The department shall implement the internal food service, offender transport, laundry, staff training, offender programming, and warehouse and distribution strategies as reported in the May 2012 milestone reports utilizing the process and disciplines of the supply chain transformation (SCT) continuous quality improvement (CQI) approach. The department shall implement the officer uniform, prisoner medical care, video conferencing cost reductions, and department and Michigan state industries (MSI) organizational reviews subsequently recommended by department personnel positively influenced by the SCT/CQI activities.
Sec. 243. Joint evaluation committees formed to evaluate requests for proposals which solicit bids for department services (i.e., pharmaceutical service; electronic monitoring; food distribution; food service; health; mental health; special alternative incarceration; bed space) shall provide an initial report to the chairs of the senate and house appropriations subcommittees on corrections identifying the members of the joint evaluation committee and the department service to be solicited out for bids to vendors. The joint evaluation committee shall provide status reports to the chairs of the senate and house appropriations subcommittees on corrections within 7 days after any joint evaluation committee meeting detailing any findings or final decisions made by the joint evaluation committee.
Sec. 244. The department shall adhere to the systematic, collaborative, double-digit value creation supply chain transformation (SCT) approach introduced and facilitated by the external supply chain and business transformation expert contracted by the department in 2009 and recommended on December 10, 2009. The current corrections operations and services transformation (COST) shall continue using the SCT process and disciplines.
Sec. 245. The department shall issue a report to the senate and house appropriations subcommittees on corrections by November 15 which details the steps taken by the department to implement the internal strategies and cost reductions recommended by the supply chain transformation (SCT) continuous quality improvement (CQI) teams and department personnel influenced by the SCT/CQI activities.]
EXECUTIVE
Sec. 301. For 3 years after a felony offender is released from
the department's jurisdiction, the department shall maintain the
offender's file on the offender tracking information system and
make it publicly accessible in the same manner as the file of the
current offender. However, the department shall immediately remove
the offender's file from the offender tracking information system
upon determination that the offender was wrongfully convicted and
the offender's file is not otherwise required to be maintained on
the offender tracking information system.
Sec. 304. The director of the department shall maintain a
staff savings initiative program to invite employees to submit
suggestions for saving costs for the department. 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, the legislative corrections
ombudsman, 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.
PRISONER RE-ENTRY AND COMMUNITY SUPPORT
Sec. 401. The department shall submit 3-year and 5-year prison
population projection updates concurrent with submission of the
executive budget to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies,
and the state budget director. The report shall include
explanations of the methodology and assumptions used in developing
the projection updates.
Sec. 402. (1) It is the intent of the legislature that the
funds appropriated in part 1 for prisoner re-entry programs be
expended for the purpose of reducing victimization by reducing
repeat offending through the following prisoner re-entry
programming:
(a) The provision of employment or employment services and job
training.
(b) The provision of housing assistance.
(c) Referral to mental health services.
(d) Referral to substance abuse services.
(e) Referral to public health services.
(f) Referral to education.
(g) Referral to any other services necessary for successful
reintegration.
(2) By March 1, the department shall provide a report on
prisoner re-entry expenditures and allocations to the members of
the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director. At a minimum, the report
shall include information on both of the following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and
service provider.
(b) Allocations and planned expenditures for each project
funded and for each project to be funded, itemized by service to be
provided and service provider. The department shall provide an
amended report quarterly, if any revisions to allocations or
planned expenditures occurred during that quarter.
(3) The department shall continue its efforts, with technical
assistance provided by the justice center of the council of state
governments, on establishing criteria and 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.
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 part 1, the department
shall ensure to the maximum extent possible that residential
substance abuse treatment services are available statewide.
(2) By March 1, the department shall report to the senate and
house appropriations subcommittees on corrections, the 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 2012-2013 and projected for fiscal year 2013-2014. 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.
Sec. 407. (1) By June 30, the department shall place the
statistical report from the immediately preceding calendar year on
an Internet site. The statistical report shall include, but not be
limited to, the information as provided in the 2004 statistical
report.
(2) It is the intent of the legislature that starting with
calendar year 2010, the statistical report be placed on an Internet
site within 6 months after the end of each calendar year.
Sec. 408. The department shall measure the recidivism rates of
offenders 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. 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, 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. 416. Allowable uses of the felony drunk driver jail
reduction and community treatment program shall include reimbursing
counties for transportation, treatment costs, and housing felony
drunk drivers during a period of assessment for treatment and case
planning. Reimbursements for housing during the assessment process
shall be at the rate of $43.50 per day per offender, up to a
maximum of 5 days per offender.
Sec. 417. (1) By March 1, the department shall report to the
members of the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, and the state
budget director on each of the following programs from the previous
fiscal year:
(a) The county jail reimbursement program.
(b) The felony drunk driver jail reduction and community
treatment program.
(c) Any new initiatives to control prison population growth
funded or proposed to be funded under part 1.
(2) For each program listed under subsection (1), the report
shall include information on each of the following:
(a) Program objectives and outcome measures, including, but
not limited to, the number of offenders who successfully completed
the program, and the number of offenders who successfully remained
in the community during the 3 years following termination from the
program.
(b) Expenditures by location.
(c) The impact on jail utilization.
(d) The impact on prison admissions.
(e) Other information relevant to an evaluation of the
program.
Sec. 418. (1) The department shall collaborate with the state
court administrative office on facilitating changes to Michigan
court rules that would require the court to collect at the time of
sentencing the state operator's license, state identification card,
or other documentation used to establish the identity of the
individual to be admitted to the department. The department shall
maintain those documents in the prisoner's personal file.
(2) The department shall cooperate with MDCH to create and
maintain a process by which prisoners can obtain their Michigan
birth certificates if necessary. The department shall describe a
process for obtaining birth certificates from other states, and in
situations where the prisoner's effort fails, the department shall
assist in obtaining the birth certificate.
(3) The department shall collaborate with the department of
military and veterans affairs to create and maintain a process by
which prisoners can obtain a copy of their DD Form 214 or other
military discharge documentation if necessary.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, 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, the legislative
corrections ombudsman, 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, the legislative corrections ombudsman, 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. 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 Bill No. 4328 (H-1) as amended April 23, 2013
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. 429. The department shall provide case-level data to the council of state governments' justice center for purposes of analyzing the flow of offenders through the criminal justice systems managed by the department, including entry, termination, and snapshot populations on community supervision, in prison, and on parole supervision.]
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. 434. The department shall explore opportunities to collaborate with Michigan colleges and universities on establishing programs that will employ parolees in agricultural settings.]
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. 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 provide for the training of all
custody staff in effective and safe ways of handling prisoners with
mental illness and referring prisoners to mental health treatment
programs. Mental health awareness training shall be incorporated
into the training of new custody staff.
FIELD OPERATIONS ADMINISTRATION
Sec. 601. 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.
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. 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. 611. The department shall prepare by March 1 individual
reports for the community re-entry program, the electronic tether
program, and the special alternative to incarceration program. The
reports shall be submitted to the house and senate appropriations
subcommittees on corrections, the house and senate fiscal agencies,
the legislative corrections ombudsman, 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. 615. After the parole board has reviewed the cases of all
inmates sentenced to imprisonment for life with the possibility of
parole who have good institutional records, the parole board shall
calculate each inmate's parole guidelines score. The parole board
shall provide the legislature with the specific reason or reasons
why any individual inmate who scores "high probability of release"
is not being paroled. The parole board shall submit a report
containing a list of these reasons for each inmate to the house and
senate appropriations subcommittees on corrections, the house and
senate fiscal agencies, the legislative corrections ombudsman, and
the state budget director by January 1.
HEALTH CARE
Sec. 802. As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and
house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget director with all of
the following:
(a) Quarterly reports on physical and mental health care
detailing quarterly and fiscal year-to-date expenditures itemized
by vendor, allocations, status of payments from contractors to
vendors, and projected year-end expenditures from accounts for
prisoner health care, mental health care, pharmaceutical services,
and durable medical equipment.
(b) Regular updates on progress on requests for proposals and
requests for information pertaining to prisoner health care and
mental health care, until the applicable contract is approved.
Sec. 804. (1) The department shall report quarterly to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, 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, the legislative corrections ombudsman, and
the state budget director on prisoners receiving off-site inpatient
medical care that would have received care in a state correctional
facility if beds were available. The report shall include the
number of prisoners receiving off-site inpatient medical care and
average length of stay in an off-site facility during the period
they would have received care in a state correctional facility if
beds were available, by month and correctional facilities
administration region.
Sec. 806. From the funds appropriated in part 1, the
department shall require a hepatitis C antibody test and an HIV
test for each prisoner prior to release to the community by parole
or discharge on the maximum sentence. The department shall require
an HIV test and a hepatitis C risk factor screening for each
prisoner at the health screening at admissions. If hepatitis C risk
factors are identified, the department shall offer the prisoner a
hepatitis C antibody test. An explanation of results of the tests
shall be provided confidentially to the prisoner, and if
appropriate based on the test results, the prisoner shall also be
provided a recommendation to seek follow-up medical attention.
Sec. 807. The department shall ensure that all medications for
a prisoner be transported with that prisoner when the prisoner is
transferred from 1 correctional facility to another. Prisoners
being released shall have access to at least a 30-day supply of
medication and a prescription for refills to allow for continuity
of care in the community.
Sec. 809. The department, in conjunction with efforts to
implement prisoner re-entry, shall cooperate with the MDCH to share
data and information as they relate to prisoners being released who
are HIV positive or positive for the hepatitis C antibody. By March
1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director on all of the
following:
(a) Programs and the location of programs implemented as a
result of the work under this section.
(b) The number of prisoners released to the community by
parole, discharge on the maximum sentence, or transfer to community
residential placement who are HIV positive, positive for the
hepatitis C antibody, or both.
(c) The number of parolees and offenders discharged on the
maximum sentence who are HIV or hepatitis C positive by paroling
office as reported to the state department of community health for
referral to the local public health department.
Sec. 812. (1) The department shall provide the department of
human services with a monthly list of prisoners newly committed to
the department of corrections. The department and the department of
human services shall enter into an interagency agreement under
which the department of human services provides the department of
corrections with monthly lists of newly committed prisoners who are
eligible for Medicaid benefits in order to maintain the process by
which Medicaid benefits are suspended rather than terminated. The
department shall assist prisoners who may be eligible for Medicaid
benefits after release from prison with the Medicaid enrollment
process prior to release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the
state budget director with quarterly updates on the utilization of
Medicaid benefits for prisoners.
Sec. 814. The department shall assure that psychotropic
medications are available, when deemed medically necessary by a
licensed medical service provider, to prisoners who have mental
illness diagnoses but are not enrolled in corrections mental health
services.
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. 905. (1) The inmate housing fund shall be used for the
custody, treatment, clinical, and administrative costs associated
with the housing of prisoners other than those specifically
budgeted for elsewhere in this article. Funding in the inmate
housing fund is appropriated into a separate control account.
Funding in the control account shall be distributed as necessary
into separate accounts created to separately identify costs for
specific purposes.
(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. 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, the legislative corrections ombudsman,
and the state budget director on academic and vocational programs.
The report shall provide information relevant to an assessment of
the department's academic and vocational programs, including, but
not limited to, all of the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of
prisoners who fail each program, the number of prisoners who do not
complete each program and the reason for not completing the
program, the number of prisoners transferred to another facility
while enrolled in a program and the reason for transfer, the number
of prisoners enrolled who are repeating the program by reason, and
the number of prisoners on waiting lists for each program, all
itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with
health care needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school
diploma and the number of prisoners paroled without a GED.
(e) An explanation of the value and purpose of each program,
for example, to improve employability, reduce recidivism, reduce
prisoner idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic
and vocational program.
(g) An explanation of the department's plans for academic and
vocational programs, including plans to contract with intermediate
school districts for GED and high school diploma programs.
(h) The number of prisoners not paroled at their earliest
release date due to lack of a GED, and the reason those prisoners
have not obtained a GED.
Sec. 910. The department shall allow the Michigan Braille
transcribing fund program to operate at its current location. The
donation of the building by the Michigan Braille transcribing fund
at the G. Robert Cotton correctional facility in Jackson is
acknowledged and appreciated. The department shall continue to
encourage the Michigan Braille transcribing fund program to produce
high-quality materials for use by the visually impaired.
Sec. 911. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director the number of critical
incidents occurring each month by type and the number and severity
of assaults occurring each month at each facility during the
immediately preceding calendar year.
Sec. 912. The department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, 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, assaultive offender
programming, violent offender programming, and thinking for change.
At a minimum, the report shall include the following:
(a) A full accounting of the number of individuals who are
required to complete the programming, but have not yet done so.
(b) The number of individuals who have reached their earliest
release date, but who have not completed required programming.
(c) A plan of action for addressing any waiting lists or
backlogs for programming that may exist.
Sec. 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, and in
particular shall provide detail on the extent to which computers
are utilized for education programming, for both academic and
vocational purposes.
Sec. 921. The department shall notify the chairs of the senate
and house of representatives standing committees on appropriations,
the senate and house of representatives appropriations
subcommittees on corrections, the senate and house fiscal agencies,
the legislative corrections ombudsman, and the state budget
director not less than 90 days before recommending to close or
consolidate any correctional facilities or correctional camps. The
notification shall include a local and state impact study of the
proposed closure or consolidation. The study shall include, but not
be limited to, information on cost avoidance and cost savings
associated with the proposed closure or consolidation, including
costs for maintenance and security of facilities and camps after
closure, and any costs of field supervision, field operations
programs, or prisoner reintegration programs related to the closure
or consolidation of those correctional facilities or correctional
camps. Costs and savings shall be itemized by program or type of
expenditure.
Sec. 923. (1) The department shall cooperate with the
department of education to evaluate the feasibility of local
intermediate 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, the legislative corrections
ombudsman, 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. Under the supervision of a mental
health professional, a prisoner with serious mental illness may be
secluded in a therapeutic environment for the safety of the
prisoner or others. A prisoner in therapeutic seclusion shall be
evaluated by a mental health professional at a frequency set forth
in the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106,
or at least every 12 hours, whichever would require more frequent
evaluations, in order to remain in therapeutic seclusion.
Sec. 925. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget director on the annual number of
prisoners in administrative segregation between October 1, 2003 and
September 30, 2013, and the annual number of prisoners in
administrative segregation between October 1, 2003 and September
30, 2013 who at any time during the current or prior prison term
were diagnosed with serious mental illness or have a developmental
disorder and the number of days each of the prisoners with serious
mental illness or a developmental disorder have been confined to
administrative segregation.
Sec. 929. From the funds appropriated in part 1, the
department shall do all of the following:
(a) Ensure that any inmate care and control staff in contact
with prisoners less than 19 years of age are adequately trained
with regard to the developmental and mental health needs of
prisoners less than 19 years of age. By April 1, the department
shall report to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget director on
the training curriculum used and the number and types of staff
receiving training under that curriculum since October 2009.
(b) Provide appropriate placement for prisoners less than 19
years of age who have serious mental illness, serious emotional
disturbance, or a developmental disorder and need to be housed
separately from the general population. Prisoners less than 19
years of age who have serious mental illness, serious emotional
disturbance, or a developmental disorder shall not be placed in
administrative segregation. Under the supervision of a mental
health professional, a prisoner less than 19 years of age with
serious mental illness or serious emotional disturbance may be
secluded in a therapeutic environment for the safety of the
prisoner or others. A prisoner in therapeutic seclusion shall be
evaluated every 12 hours by a mental health professional in order
to remain in therapeutic seclusion.
(c) Implement a specialized re-entry program that recognizes
the needs of prisoners less than 19 years old for supervised re-
entry.
Sec. 935. The department shall regularly evaluate each
correctional facility in terms of cost effectiveness and make a
determination as to how long each facility should remain open based
upon the age of the facility, the costs of its continued operation,
and the relative costs of alternative bed space that could be
utilized. When it is determined that a facility is no longer cost-
effective to operate due to the age of the facility or that the
facility has become functionally obsolete, or both, the department
should analyze the economic impact of the facility on the
surrounding community. If the department determines that the
facility is critical to the economic viability of the surrounding
community, the department shall work with the Michigan economic
development corporation and any other relevant state or local
agencies to encourage private sector investment in that community.
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. 939. (1) By October 15, the department shall release a
request for proposal seeking competitive bids for the prison stores
and up to 1,750 custody beds.
(2) The department, working with the department of technology,
management, and budget, shall issue a quarterly report to the
senate and house appropriations subcommittees on corrections and
the senate and house fiscal agencies detailing the current status
of any requests for proposal required under this section. If the
status of any item listed in the report remains unchanged for more
than 2 consecutive reporting periods, the report shall provide an
explanation of the delay.
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. 942. The department shall ensure that any contract with a
public or private party to operate a facility to house state
prisoners includes a provision to allow access by both the office
of the legislative auditor general and the office of the
legislative corrections ombudsman to the facility and to
appropriate records and documents related to the operation of the
facility. These access rights for both offices shall be the same
for the contracted facility as for a general state-operated
correctional facility.
Sec. 943. It is the intent of the legislature that the
House Bill No. 4328 (H-1) as amended April 23, 2013
department maintains sufficient perimeter security measures at
department prison facilities to ensure the safety of communities
surrounding those facilities.
Sec. 945. As a condition for expending funds appropriated in
part 1, the department shall allow a person acting as a prisoner
mentor to continue his or her mentoring relationship with a
prisoner as that prisoner transitions back into the community
during his or her term of parole unless the department has specific
reasons as to why the continuation of the mentoring relationship is
not in the best interest of the prisoner's transition success. The
department shall not establish or practice a policy that
automatically disqualifies a mentor from continuing an established
mentoring relationship during a prisoner's term of parole.
Sec. 946. As a condition for expending funds appropriated in
part 1, the department shall not restrict prisoner access to
programming and shall not deny prisoner access to persons qualified
to deliver programming because of the faith-based nature of the
programming. The department shall establish clear policy guidance
regarding the validity of faith-based programming for prisoners who
desire that programming and prohibiting discrimination against
faith-based programming relative to other types of programming for
those prisoners. The policy shall be communicated to all prison
wardens and key facility management staff to ensure compliance.
[Sec. 947. The department may engage with a state of Michigan 501(c)(3) nonprofit agency to develop a pilot program to manufacture prison clothing. This program shall utilize the prisoner re-entry population and provide comprehensive job training with the goal of transitioning into community employment. The pilot program shall be funded from 15% of the current funds allocated to Michigan services industry for the manufacture of prison clothing. The nonprofit agency must have existing statewide capacity to serve paroled prisoners. The agency selected will provide semi-annual reports to the department, the senate and house appropriations subcommittees on corrections, and the senate and house fiscal agencies, detailing cost savings incurred and outcomes of parolee employment programs.]
MISCELLANEOUS
Sec. 1009. The department shall make an information packet for
the families of incoming prisoners available on the department's
website. The information packet shall be updated by February 1 of
each year thereafter. The packet shall provide information on
topics including, but not limited to: how to put money into
prisoner accounts, how to make phone calls or create Jpay email
accounts, how to visit in person, proper procedures for filing
complaints or grievances, the rights of prisoners to physical and
mental health care, how to utilize the offender tracking
information system (OTIS), truth-in-sentencing and how it applies
to minimum sentences, the parole process, and guidance on the
importance of the role of families in the reentry process. The
department is encouraged to partner with external advocacy groups
and actual families of prisoners in the packet-writing process to
ensure that the information is useful and complete.
Sec. 1011. The department shall accept in-kind services and
equipment donations to facilitate the addition of a cable network
that provides programming that will address the religious needs of
incarcerated individuals. This network shall be a cable television
network that presently reaches the majority of households in the
United States. A bilingual channel affiliated with this network may
also be added to department programming to assist the religious
needs of Spanish-speaking inmates. The addition of these channels
shall be of no additional cost to this state.
CAPITAL OUTLAY
Sec. 1051. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.248.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE VI
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
education for the fiscal year ending September 30, 2014, from the
following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 584.5
GROSS APPROPRIATION.................................... $ 318,285,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 318,285,900
Federal revenues:
Total federal revenues................................. 232,145,300
Special revenue funds:
Total local revenues................................... 5,633,700
Total private revenues................................. 1,933,300
Total other state restricted revenues.................. 8,015,300
State general fund/general purpose..................... $ 70,558,300
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE
SUPERINTENDENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 11.0
State board of education, per diem payments............ $ 24,400
Unclassified positions--6.0 FTE positions.............. 775,700
State board/superintendent operations--11.0 FTE
positions............................................ 2,092,100
GROSS APPROPRIATION.................................... $ 2,892,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 219,400
Special revenue funds:
Private foundations.................................... 28,100
Certification fees..................................... 852,000
State general fund/general purpose..................... $ 1,792,700
Sec. 103. CENTRAL SUPPORT
Full-time equated classified positions........... 22.6
Central support--22.6 FTE positions.................... $ 3,461,900
Worker's compensation.................................. 35,000
Building occupancy charges - property management
services............................................. 3,031,600
Training and orientation workshops..................... 150,000
Terminal leave payments................................ 554,700
GROSS APPROPRIATION.................................... $ 7,233,200
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,453,900
Federal indirect funds................................. 2,432,900
Special revenue funds:
Certification fees..................................... 553,600
Teacher testing fees................................... 15,000
Training and orientation workshop fees................. 150,000
State general fund/general purpose..................... $ 2,627,800
Sec. 104. INFORMATION TECHNOLOGY SERVICES
Information technology operations...................... $ 4,070,500
GROSS APPROPRIATION.................................... $ 4,070,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 585,000
Federal indirect funds................................. 1,728,400
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 76,500
Certification fees..................................... 375,800
State general fund/general purpose..................... $ 1,304,800
Sec. 105. SPECIAL EDUCATION SERVICES
Full-time equated classified positions........... 47.0
Special education operations--47.0 FTE positions....... $ 8,850,400
GROSS APPROPRIATION.................................... $ 8,850,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,375,100
Special revenue funds:
Private foundations.................................... 110,100
Certification fees..................................... 43,700
State general fund/general purpose..................... $ 321,500
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions........... 77.0
Michigan schools for the deaf and blind operations--
76.0 FTE positions................................... $ 12,485,600
Camp Tuhsmeheta--1.0 FTE position...................... 295,100
Private gifts - blind.................................. 200,000
Private gifts - deaf................................... 50,000
GROSS APPROPRIATION.................................... $ 13,030,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,721,500
Special revenue funds:
Local cost sharing (schools for deaf/blind)............ 5,233,000
Local school district service fees..................... 312,500
Gifts, bequests, and donations......................... 545,100
Student insurance revenue.............................. 218,600
State general fund/general purpose..................... $ 0
Sec. 107. PROFESSIONAL PREPARATION SERVICES
Full-time equated classified positions........... 34.0
Professional preparation operations--34.0 FTE
positions............................................ $ 5,827,100
Department of attorney general......................... 66,000
GROSS APPROPRIATION.................................... $ 5,893,100
Appropriated from:
Federal revenues:
Federal revenues....................................... 1,427,700
Special revenue funds:
Certification fees..................................... 3,836,900
Teacher college review fees............................ 55,300
Teacher testing fees................................... 355,100
State general fund/general purpose..................... $ 218,100
Sec. 108. MICHIGAN OFFICE OF GREAT START
Full-time equated classified positions........... 62.0
Office of great start operations--61.0 FTE positions... $ 22,192,900
Child development and care external support............ 17,491,000
Head start collaboration office--1.0 FTE positions..... 305,300
Child development care public assistance............... 156,802,600
GROSS APPROPRIATION.................................... $ 196,791,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 156,279,800
Special revenue funds:
Private foundations.................................... 250,000
Certification fees..................................... 63,500
State general fund/general purpose..................... $ 40,198,500
Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES
Full-time equated classified positions............ 9.5
State aid and school finance operations--9.5 FTE
positions............................................ $ 1,343,300
GROSS APPROPRIATION.................................... $ 1,343,300
Appropriated from:
State general fund/general purpose..................... $ 1,343,300
Sec. 110. AUDIT SERVICES
Full-time equated classified positions............ 4.5
Audit operations--4.5 FTE positions.................... $ 594,500
GROSS APPROPRIATION.................................... $ 594,500
Appropriated from:
Federal revenues:
Federal indirect funds................................. 472,600
Special revenue funds:
Certification fees..................................... 60,400
State general fund/general purpose..................... $ 61,500
Sec. 111. ADMINISTRATIVE LAW SERVICES
Full-time equated classified positions............ 2.0
Administrative law operations--2.0 FTE positions....... $ 1,272,100
GROSS APPROPRIATION.................................... $ 1,272,100
Appropriated from:
Federal revenues:
Federal revenues....................................... 551,600
Special revenue funds:
Certification fees..................................... 651,000
State general fund/general purpose..................... $ 69,500
Sec. 112. BUREAU OF ASSESSMENT AND ACCOUNTABILITY
Full-time equated classified positions........... 65.6
Educational assessment operations--65.6 FTE positions.. $ 12,494,600
GROSS APPROPRIATION.................................... $ 12,494,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 11,329,100
State general fund/general purpose..................... $ 1,165,500
Sec. 113. SCHOOL SUPPORT SERVICES
Full-time equated classified positions........... 82.6
Grants coordination and school support services
operations--82.6 FTE positions....................... $ 14,951,700
Federal and private grants............................. 3,000,000
GROSS APPROPRIATION.................................... $ 17,951,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 16,112,600
Special revenue funds:
Local school district service fees..................... 11,700
Private foundations.................................... 1,000,000
Commodity distribution fees............................ 71,700
Certification fees..................................... 84,800
State general fund/general purpose..................... $ 670,900
Sec. 114. FIELD SERVICES
Full-time equated classified positions........... 44.0
Field services operations--44.0 FTE positions.......... $ 8,849,000
GROSS APPROPRIATION.................................... $ 8,849,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 8,619,700
Special revenue funds:
Certification fees..................................... 75,400
State general fund/general purpose..................... $ 153,900
Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION
SERVICES
Full-time equated classified positions........... 56.7
Educational improvement and innovation operations--
56.7 FTE positions................................... $ 8,269,600
GROSS APPROPRIATION.................................... $ 8,269,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,449,400
Special revenue funds:
Certification fees..................................... 552,500
State general fund/general purpose..................... $ 1,267,700
Sec. 116. CAREER AND TECHNICAL EDUCATION
Full-time equated classified positions........... 27.0
Career and technical education operations--27.0 FTE
positions............................................ $ 4,704,500
GROSS APPROPRIATION.................................... $ 4,704,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,782,900
State general fund/general purpose..................... $ 921,600
Sec. 117. LIBRARY OF MICHIGAN
Full-time equated classified positions........... 33.0
Library of Michigan operations--32.0 FTE positions..... $ 4,308,200
Library services and technology program--1.0 FTE
positions............................................ 5,603,700
State aid to libraries................................. 7,512,300
Michigan eLibrary...................................... 1,750,000
Renaissance zone reimbursements........................ 1,460,000
MPSERS payments to libraries........................... 1,300,000
GROSS APPROPRIATION.................................... $ 21,934,200
Appropriated from:
Federal revenues:
IMLS, library services and technology act.............. 5,603,700
State general fund/general purpose..................... $ 16,330,500
Sec. 118. SCHOOL REFORM OFFICE
Full-time equated classified positions............ 6.0
School reform office operations--6.0 FTE positions..... $ 2,110,500
GROSS APPROPRIATION.................................... $ 2,110,500
Appropriated from:
State general fund/general purpose..................... $ 2,110,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is $78,573,600.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $10,272,300.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF EDUCATION
State aid to libraries................................. $ 7,512,300
Renaissance zone reimbursements........................ 1,460,000
MPSERS payments to libraries........................... 1,300,000
Total department of education.......................... $ 10,272,300
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) "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) "Participating entity" means a district library that is a
reporting unit of the Michigan public school employees' retirement
system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to
the Michigan public school employees' retirement system for the
applicable fiscal year.
(d) "Retirement board" means the board that administers the
retirement system under the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(e) "Retirement system" and "MPSERS" mean the Michigan public
school employees' retirement system under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437.
Sec. 205. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this part.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
or it may include placement of reports on an Internet or Intranet
site.
Sec. 206. The department shall provide through the Internet
the state board of education agenda and all supporting documents,
and shall notify the state budget director and the senate and house
fiscal agencies that the agenda and supporting documents are
available on the Internet, at the time the agenda and supporting
documents are provided to state board of education members.
Sec. 207. The department shall maintain a searchable website
accessible by the public at no cost that includes, but is not
limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. The 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. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 210. 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. 211. 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. 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, that are 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. 213. (1) In addition to the funds appropriated in part 1,
there is appropriated up to $180,000.00 from payments for
subrecipient monitoring services provided to other departments.
(2) The funds may be expended for all expenses necessary to
provide the required subrecipient monitoring services to other
departments.
Sec. 214. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2014 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, including travel outside
this state for a professional development conference or training
seminar, 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. 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. 218. 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. 219. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $700,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $250,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 220. (1) The department shall provide data requested by a
member of the legislature, his or her staff, or the house and
senate fiscal agencies in a timely manner. If the department fails
to provide reasonably requested data within 30 days after the
request, the state money appropriated in part 1 for state
board/superintendent operations shall be reduced by 1%.
(2) If the department fails to provide to the legislature
reports and other data required by boilerplate or statute within 30
days after the date the information is due, the state money
appropriated in part 1 for state board/superintendent operations
shall be reduced by 1%.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 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
House Bill No. 4328 (H-1) as amended April 23, 2013
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. 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 year ending September
30, 2014.
Sec. 228. It is the intent of the legislature that all
principal executive departments and agencies cooperate with the
development and implementation of the department of technology,
management, and budget statewide office space consolidation plan.
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.
[Sec. 230. Funds appropriated in part 1 shall not be used to fund the common core state standards initiative or smarter balanced assessments. Funds shall not be used to implement programs or student assessments created by the common core state standards initiative or smarter balanced assessments.]
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. 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.
LIBRARY OF MICHIGAN
Sec. 801. In addition to the funds appropriated in part 1, the
funds collected by the department for document reproduction and
services; conferences, workshops, and training classes; and the use
of specialized equipment, facilities, and software are appropriated
for all expenses necessary to provide the required services. These
funds are available for expenditure when they are received and may
be carried forward into the next succeeding fiscal year.
Sec. 803. It is the intent of the legislature that the library
of Michigan and the component programs currently within the library
of Michigan with the exception of the genealogical collections
shall be kept together in a state department.
Sec. 804. (1) The funds appropriated in part 1 for renaissance
zone reimbursements shall be used to reimburse public libraries
pursuant to section 12 of the Michigan renaissance zone act, 1996
PA 376, MCL 125.2692, for taxes levied in 2013. The allocations
shall be made not later than 60 days after the department of
treasury certifies to the department and to the state budget
director that the department of treasury has received all necessary
information to properly determine the amounts due to each eligible
recipient.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments
shall be prorated on an equal basis among all eligible public
libraries.
Sec. 805. (1) The funds appropriated in part 1 for MPSERS
payments to libraries shall be used for payments to district
libraries that are participating entities of the Michigan public
school employees' retirement system.
(2) Payments made under this section shall be considered to be
the difference between the unfunded actuarial accrued liability
contribution rate as calculated pursuant to section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341, and the maximum employer rate of 20.96% stipulated in
section 41 of the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1341.
(3) The amount allocated to each district library under this
section shall be based on each district library's percentage of the
total covered payroll for all district libraries that are
participating entities for the immediately preceding fiscal year.
District libraries that receive funds under this section shall use
the funds solely for the purpose of retirement contributions as
specified in subsection (4).
(4) Each participating entity receiving funds under this
section shall forward an amount equal to the amount allocated under
subsection (3) to the retirement system in a form and manner
determined by the retirement system.
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. 903. By not later than March 1, 2014, 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 waiver 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.
OFFICE OF GREAT START
Sec. 1001. By November 1, 2013, the department shall submit a
report to the house and senate appropriations subcommittees on the
department of education budget and the house and senate fiscal
agencies on the number of eligible child care providers by type
receiving payment for child care services from the department on
October 1, 2013.
Sec. 1003. (1) The department shall provide the house and
senate appropriations subcommittees on the department budget with
an annual report on the activities of the early childhood
investment corporation (ECIC) for fiscal year 2011-2012 and fiscal
year 2012-2013. The report is due by February 15 and shall contain
at least the following information:
(a) Detail of the amounts of grants awarded.
(b) The grant recipients.
(c) The activities funded by each grant.
(d) An analysis of each grant recipient's success in
addressing the development of a comprehensive system of early
childhood services and supports.
(2) All ECIC contracts for comprehensive systems planning
shall be bid out through a statewide request-for-proposal process.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE VII
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
environmental quality for the fiscal year ending September 30,
2014, from the following funds:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,285.5
GROSS APPROPRIATION.................................... $ 507,878,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,399,300
ADJUSTED GROSS APPROPRIATION........................... $ 498,479,200
Federal revenues:
Total federal revenues................................. 150,911,400
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 541,800
Total other state restricted revenues.................. 320,626,100
State general fund/general purpose..................... $ 26,399,900
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,285.5
GROSS APPROPRIATION.................................... $ 507,878,500
Interdepartmental grant revenues:
IDG, MDSP.............................................. 1,484,100
IDG, MDOT - Michigan transportation fund............... 1,284,900
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 4,576,900
Total interdepartmental grants and intradepartmental
transfers............................................ 9,399,300
ADJUSTED GROSS APPROPRIATION........................... $ 498,479,200
Federal revenues:
Federal funds.......................................... 150,911,400
Total federal revenues................................. 150,911,400
Special revenue funds:
Private funds.......................................... 541,800
Total private revenues................................. 541,800
Air emissions fees..................................... 10,594,000
Campground fund........................................ 362,100
Clean Michigan initiative - clean water fund........... 3,782,100
Cleanup and redevelopment fund......................... 24,065,500
Community pollution prevention fund.................... 250,000
Electronic waste recycling fund........................ 326,300
Environmental education fund........................... 162,900
Environmental pollution prevention fund................ 1,391,100
Environmental protection fund.......................... 2,814,700
Environmental response fund............................ 6,243,400
Fees and collections................................... 492,100
Financial instruments.................................. 5,000,000
Great Lakes protection fund............................ 212,500
Groundwater discharge permit fees...................... 1,680,800
Hazardous materials transportation permit fund......... 780,500
Infrastructure construction fund....................... 100,000
Land and water permit fees............................. 3,296,800
Landfill maintenance trust fund........................ 30,100
Medical waste emergency response fund.................. 344,000
Metallic mining surveillance fee revenue............... 162,500
Mineral well regulatory fee revenue.................... 230,200
Nonferrous metallic mineral surveillance............... 102,100
NPDES fees............................................. 4,469,800
Oil and gas regulatory fund............................ 11,177,400
Orphan well fund....................................... 2,356,800
Public swimming pool fund.............................. 738,800
Public utility assessments............................. 282,800
Public water supply fees............................... 5,082,900
Refined petroleum fund................................. 50,447,600
Retired engineers technical assistance fund............ 1,014,400
Revitalization revolving loan fund..................... 99,900
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 102,800
Scrap tire regulatory fund............................. 5,096,400
Septage waste contingency fund......................... 17,800
Septage waste program fund............................. 635,600
Settlement funds....................................... 641,600
Sewage sludge land application fee..................... 1,147,500
Small business pollution prevention revolving loan
fund................................................. 168,200
Soil erosion and sedimentation control training fund... 155,900
Solid waste management fund - staff account............ 5,422,700
Stormwater permit fees................................. 3,302,600
Strategic water quality initiatives fund............... 140,766,500
Waste reduction fee revenue............................ 6,281,400
Wastewater operator training fees...................... 691,100
Water analysis fees.................................... 2,558,800
Water pollution control revolving fund................. 3,757,300
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 285,800
Total other state restricted revenues.................. 320,626,100
State general fund/general purpose..................... $ 26,399,900
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 13.0
Unclassified salaries--6.0 FTE positions............... $ 695,100
Executive direction--13.0 FTE positions................ 1,973,500
GROSS APPROPRIATION.................................... $ 2,668,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 38,900
Special revenue funds:
Environmental response fund............................ 214,200
Oil and gas regulatory fund............................ 391,900
Refined petroleum fund................................. 580,900
Settlement funds....................................... 67,600
State general fund/general purpose..................... $ 1,375,100
Sec. 103. OFFICE OF THE GREAT LAKES
Full-time equated classified positions........... 12.0
Office of the Great Lakes--12.0 FTE positions.......... $ 2,351,800
Coastal management grants.............................. 1,750,000
GROSS APPROPRIATION.................................... $ 4,101,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,415,700
Special revenue funds:
Great Lakes protection fund............................ 212,500
Settlement funds....................................... 111,300
State general fund/general purpose..................... $ 362,300
Sec. 104. GREAT LAKES RESTORATION INITIATIVE
Full-time equated classified positions............ 6.0
Great Lakes restoration initiative--6.0 FTE positions.. $ 15,020,600
GROSS APPROPRIATION.................................... $ 15,020,600
Appropriated from:
Special revenue funds:
Federal funds.......................................... 15,020,600
State general fund/general purpose..................... $ 0
Sec. 105. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions........... 34.0
Central support services--34.0 FTE positions........... $ 4,013,700
Accounting service center.............................. 1,246,000
Administrative hearings................................ 581,900
Automated data processing.............................. 2,053,400
Building occupancy charges............................. 6,388,100
Environmental support projects......................... 5,000,000
Rent - privately owned property........................ 2,152,100
GROSS APPROPRIATION.................................... $ 21,435,200
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 164,800
IDT, interdivisional charges........................... 2,053,400
IDT, laboratory services............................... 459,100
Federal revenues:
Federal funds.......................................... 5,400
Special revenue funds:
Air emissions fees..................................... 1,386,700
Campground fund........................................ 46,600
Cleanup and redevelopment fund......................... 2,065,500
Electronic waste recycling fund........................ 21,300
Environmental pollution prevention fund................ 358,800
Environmental response fund............................ 634,600
Fees and collections................................... 41,000
Financial instruments.................................. 5,000,000
Groundwater discharge permit fees...................... 166,200
Hazardous materials transportation permit fund......... 40,700
Land and water permit fees............................. 460,400
Medical waste emergency response fund.................. 33,500
Metallic mining surveillance fee revenue............... 15,200
Mineral well regulatory fee revenue.................... 19,000
NPDES fees............................................. 297,300
Oil and gas regulatory fund............................ 821,400
Orphan well fund....................................... 56,600
Public swimming pool fund.............................. 48,800
Public utility assessments............................. 40,200
Public water supply fees............................... 369,600
Refined petroleum fund................................. 1,579,600
Sand extraction fee revenue............................ 13,100
Scrap tire regulatory fund............................. 182,900
Septage waste program fund............................. 82,500
Settlement funds....................................... 205,300
Sewage sludge land application fee..................... 147,600
Small business pollution prevention revolving loan
fund................................................. 24,800
Soil erosion and sedimentation control training fund... 13,200
Solid waste management fund - staff account............ 654,900
Stormwater permit fees................................. 160,000
Waste reduction fee revenue............................ 787,400
Wastewater operator training fees...................... 73,700
Water analysis fees.................................... 232,500
Water use reporting fees............................... 32,000
State general fund/general purpose..................... $ 2,639,600
Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE
Full-time equated classified positions........... 44.0
Office of environmental assistance--44.0 FTE positions. $ 5,187,200
Pollution prevention local grants...................... 250,000
GROSS APPROPRIATION.................................... $ 5,437,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 923,200
Special revenue funds:
Private funds.......................................... 356,600
Air emissions fees..................................... 133,600
Community pollution prevention fund.................... 250,000
Environmental education fund........................... 162,900
Fees and collections................................... 117,600
Retired engineers technical assistance fund............ 1,014,400
Settlement funds....................................... 257,400
Small business pollution prevention revolving loan
fund................................................. 131,600
Waste reduction fee revenue............................ 2,089,900
State general fund/general purpose..................... $ 0
Sec. 107. WATER RESOURCES DIVISION
Full-time equated classified positions.......... 325.0
Land and water interface permit programs--86.0 FTE
positions............................................ $ 12,569,400
Program direction and project assistance--30.0 FTE
positions............................................ 2,921,100
Water withdrawal assessment program--4.0 FTE positions. 583,700
Expedited water/wastewater permits--3.0 FTE positions.. 100,000
Fish contaminant monitoring............................ 316,100
NPDES nonstormwater program--89.0 FTE positions........ 12,648,800
Surface water--91.0 FTE positions...................... 16,621,800
Groundwater discharge--22.0 FTE positions.............. 2,931,600
Federal - Great Lakes remedial action plan grants...... 700,000
Federal - nonpoint source water pollution grants....... 6,500,000
Water quality protection grants........................ 100,000
Wetland mitigation banking grants and loans............ 3,000,000
GROSS APPROPRIATION.................................... $ 58,992,500
Appropriated from:
Interdepartmental grant revenues:
IDG, MDOT - Michigan transportation fund............... 1,209,200
Federal revenues:
Federal funds.......................................... 23,211,600
Special revenue funds:
Clean Michigan initiative fund - clean water fund...... 3,782,100
Environmental protection fund.......................... 668,100
Environmental response fund............................ 199,900
Groundwater discharge permit fees...................... 1,430,700
Infrastructure construction fund....................... 100,000
Land and water permit fees............................. 2,546,700
NPDES fees............................................. 4,029,100
Refined petroleum fund................................. 439,500
Soil erosion and sedimentation control training fund... 136,400
Stormwater permit fees................................. 3,062,600
Strategic quality initiatives fund..................... 3,000,000
Wastewater operator training fees...................... 334,200
Water pollution control revolving fund................. 802,400
Water quality protection fund.......................... 100,000
Water use reporting fees............................... 237,900
State general fund/general purpose..................... $ 13,702,100
Sec. 108. LAW ENFORCEMENT DIVISION
Full-time equated classified positions........... 14.0
Environmental investigations--14.0 FTE positions....... $ 2,457,700
GROSS APPROPRIATION.................................... $ 2,457,700
Appropriated from:
Federal revenues:
Federal funds.......................................... 818,500
Special revenue funds:
Air emissions fees..................................... 55,700
Campground fund........................................ 5,300
Cleanup and redevelopment fund......................... 231,900
Electronic waste recycling fund........................ 2,400
Environmental pollution prevention fund................ 39,700
Environmental response fund............................ 95,900
Fees and collections................................... 5,100
Groundwater discharge permit fees...................... 19,300
Hazardous materials transportation permit fund......... 4,200
Land and water permit fees............................. 37,400
Medical waste emergency response fund.................. 3,400
Metallic mining surveillance fee revenue............... 1,700
Mineral well regulatory fee revenue.................... 2,100
NPDES fees............................................. 28,400
Oil and gas regulatory fund............................ 147,200
Orphan well fund....................................... 6,400
Public swimming pool fund.............................. 5,400
Public utility assessments............................. 4,300
Public water supply fees............................... 41,100
Refined petroleum fund................................. 377,600
Sand extraction fee revenue............................ 1,000
Scrap tire regulatory fund............................. 37,900
Septage waste program fund............................. 9,400
Sewage sludge land application fee..................... 16,400
Small business pollution prevention revolving loan
fund................................................. 2,900
Soil erosion and sedimentation control training fund... 1,200
Solid waste management fund - staff account............ 74,500
Stormwater permit fees................................. 18,900
Waste reduction fee revenue............................ 98,800
Wastewater operator training fees...................... 8,100
Water analysis fees.................................... 26,200
Water use reporting fees............................... 3,600
State general fund/general purpose..................... $ 225,800
Sec. 109. AIR QUALITY DIVISION
Full-time equated classified positions.......... 203.0
Air quality programs--203.0 FTE positions.............. $ 25,501,600
GROSS APPROPRIATION.................................... $ 25,501,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 7,470,700
Special revenue funds:
Air emissions fees..................................... 8,480,000
Fees and collections................................... 279,200
Oil and gas regulatory fund............................ 133,200
Refined petroleum fund................................. 3,551,500
Waste reduction fee revenue............................ 1,320,300
State general fund/general purpose..................... $ 4,266,700
Sec. 110. RESOURCE MANAGEMENT DIVISION
Full-time equated classified positions.......... 322.5
Drinking water and environmental health--106.5 FTE
positions............................................ $ 15,919,100
Sewage sludge land application program--6.0 FTE
positions............................................ 928,000
Hazardous waste management program--51.0 FTE positions. 6,331,600
Low-level radioactive waste authority--2.0 FTE
positions............................................ 225,000
Medical waste program--2.0 FTE positions............... 294,300
Municipal assistance--34.0 FTE positions............... 6,481,400
Radiological protection program--12.0 FTE positions.... 1,584,800
Scrap tire regulatory program--11.0 FTE positions...... 1,307,700
Oil, gas and mineral services--61.0 FTE positions...... 11,916,700
Solid waste management program--37.0 FTE positions..... 4,872,000
Drinking water program grants.......................... 1,330,000
Noncommunity water grants.............................. 2,000,000
Septage waste compliance grants........................ 275,000
Strategic water quality initiative loans............... 9,600,000
Strategic water quality initiative grants and loans.... 97,000,000
Water pollution control and drinking water revolving
fund................................................. 85,296,800
Radon grants........................................... 90,000
Scrap tire grants...................................... 3,500,000
GROSS APPROPRIATION.................................... $ 248,952,400
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 1,257,800
Federal revenues:
Federal funds.......................................... 89,348,900
Special revenue funds:
Campground fund........................................ 292,500
Electronic waste recycling fund........................ 294,600
Environmental pollution prevention fund................ 856,500
Fees and collections................................... 33,800
Hazardous materials transportation permit fund......... 720,100
Medical waste emergency response fund.................. 294,300
Metallic mining surveillance fee revenue............... 139,800
Mineral well regulatory fee revenue.................... 201,800
Nonferrous metallic mineral surveillance............... 102,100
Oil and gas regulatory fund............................ 9,117,300
Orphan well fund....................................... 2,272,000
Public swimming pool fund.............................. 665,800
Public utility assessments............................. 225,000
Public water supply fees............................... 4,198,100
Refined petroleum fund................................. 664,500
Revolving loan revenue bonds........................... 11,400,000
Sand extraction fee revenue............................ 83,700
Scrap tire regulatory fund............................. 4,807,700
Septage waste contingency fund......................... 17,800
Septage waste program fund............................. 512,300
Sewage sludge land application fee..................... 928,000
Solid waste management fund - staff account............ 4,399,900
Strategic water quality initiatives fund............... 107,766,500
Waste reduction fee revenue............................ 1,677,500
Wastewater operator training fees...................... 247,000
Water pollution control revolving fund................. 2,798,300
State general fund/general purpose..................... $ 3,628,800
Sec. 111. REMEDIATION AND REDEVELOPMENT DIVISION
Full-time equated classified positions.......... 312.0
Contaminated site investigations, cleanup and
revitalization--204.0 FTE positions.................. $ 27,754,700
Federal cleanup project management--60.0 FTE positions. 9,546,900
Laboratory services--48.0 FTE positions................ 6,528,900
Emergency cleanup actions.............................. 4,000,000
Environmental cleanup support.......................... 1,840,000
Environmental cleanup and redevelopment program........ 30,000,000
Refined petroleum product cleanup program.............. 32,500,000
Superfund cleanup...................................... 3,000,000
GROSS APPROPRIATION.................................... $ 115,170,500
Appropriated from:
Interdepartmental grant revenues:
IDT, laboratory services............................... 4,017,900
Federal revenues:
Federal funds.......................................... 8,965,100
Special revenue funds:
Private funds.......................................... 185,200
Cleanup and redevelopment fund......................... 20,915,200
Environmental protection fund.......................... 2,142,000
Environmental response fund............................ 4,728,700
Landfill maintenance trust fund........................ 30,100
Public water supply fees............................... 300,200
Refined petroleum fund................................. 41,575,400
Revitalization revolving loan fund..................... 99,900
Strategic water quality initiatives fund............... 30,000,000
Water analysis fees.................................... 2,210,800
State general fund/general purpose..................... $ 0
Sec. 112. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 8,140,400
GROSS APPROPRIATION.................................... $ 8,140,400
Appropriated from:
Interdepartmental grant revenues:
IDG, MDSP.............................................. 61,500
IDG, MDOT - Michigan transportation fund............... 75,700
IDT, laboratory services............................... 99,900
Federal revenues:
Federal funds.......................................... 1,692,800
Special revenue funds:
Air emission fees...................................... 538,000
Campground fund........................................ 17,700
Cleanup and redevelopment fund......................... 852,900
Electronic waste recycling fund........................ 8,000
Environmental pollution prevention fund................ 136,100
Environmental protection fund.......................... 4,600
Environmental response fund............................ 370,100
Fees and collections................................... 15,400
Groundwater discharge permit fees...................... 64,600
Hazardous materials transportation permit fund......... 15,500
Land and water permit fees............................. 252,300
Medical waste emergency response fund.................. 12,800
Metallic mining surveillance fee revenue............... 5,800
Mineral well regulatory fee revenue.................... 7,300
NPDES fees............................................. 115,000
Oil and gas regulatory fund............................ 566,400
Orphan well fund....................................... 21,800
Public swimming pool fund.............................. 18,800
Public utility assessments............................. 13,300
Public water supply fees............................... 173,900
Refined petroleum fund................................. 1,678,600
Sand extraction fee revenue............................ 5,000
Scrap tire regulatory fund............................. 67,900
Septage waste program fund............................. 31,400
Sewage sludge land application fee..................... 55,500
Small business pollution prevention revolving loan
fund................................................. 8,900
Soil erosion and sedimentation control training fund... 5,100
Solid waste management fund - staff account............ 293,400
Stormwater permit fees................................. 61,100
Waste reduction fee revenue............................ 307,500
Wastewater operator training fees...................... 28,100
Water analysis fees.................................... 89,300
Water pollution control revolving fund................. 156,600
Water use reporting fees............................... 12,300
State general fund/general purpose..................... $ 199,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is $347,026,000.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $2,775,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
GRANTS
Noncommunity water grants.............................. $ 2,000,000
Scrap tire grants...................................... 500,000
Septage waste compliance program....................... 275,000
TOTAL.................................................. $ 2,775,000
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 part 1. This
requirement may include transmission of reports via electronic mail
to the recipients identified for each reporting requirement, or it
may include placement of reports on 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. 209. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate standing committees on
appropriations, the house and senate fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 210. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses and associated subcontractors if they are competitively
priced and of comparable quality. In addition, preference shall be
given to goods or services, or both, that are manufactured or
provided by Michigan businesses owned and operated by veterans, if
they are competitively priced and of comparable quality.
Sec. 211. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 212. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 213. (1) Funds appropriated in part 1 shall not be used
by the department to promulgate a rule that will apply to a small
business and that will have a disproportionate economic impact on
small businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(2) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 214. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 215. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $30,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $500,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 216. (1) The department shall report all of the following
information relative to allocations made from appropriations for
the environmental cleanup and redevelopment program, state cleanup,
emergency actions, superfund cleanup, the revitalization revolving
loan program, the brownfield grants and loans program, the leaking
underground storage tank cleanup program, the contaminated lake and
river sediments cleanup program, the refined petroleum product
cleanup program, and the environmental protection bond projects
under section 19508(7) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on
environmental quality, and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation
is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if
the allocation is made for a response activity.
(d) The estimated date that site closure activities will be
completed.
(e) The amount of the allocation, or the anticipated financing
for the site.
(f) A summary of the sites and the total amount of funds
expended at the sites at the conclusion of the fiscal year.
(g) The number of brownfield projects that were successfully
redeveloped.
(2) The report prepared under subsection (1) shall also
include all of the following:
(a) The status of all state-owned facilities that are on the
list compiled under part 201 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20101 to
324.20142.
(b) The report shall include the total amount of funds
expended during the fiscal year and the total amount of funds
awaiting expenditure.
(c) The total amount of bonds issued for the environmental
protection bond program pursuant to part 193 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each
year.
Sec. 217. (1) The department may expend amounts remaining from
the current and prior fiscal year appropriations to meet funding
needs of legislatively approved sites for the environmental cleanup
and redevelopment program, refined petroleum product cleanup
program, brownfield grants and loans, and environmental bond site
reclamation program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 1991 PA 160, 2003 PA 173, 2005 PA 109, 2006 PA 343,
2011 PA 63, and 2012 PA 236 are appropriated for expenditure for
any site listed in this part and any site listed in the public acts
referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response
activities contained in 2000 PA 52, 2001 PA 120, 2004 PA 309, 2005
PA 11, 2006 PA 343, 2007 PA 121, and 2011 PA 63 are appropriated
for expenditure for any site listed in this part and any site
listed in the public acts referenced in this section.
(4) Unexpended and unencumbered amounts remaining from
appropriations from the refined petroleum fund activities contained
in 2007 PA 121, 2008 PA 247, 2009 PA 118, 2010 PA 189, 2011 PA 63,
and 2012 PA 200 are appropriated for expenditure for any site
listed in this part and any site listed in the public acts
referenced in this section.
(5) Unexpended and unencumbered amounts remaining from the
appropriations from the strategic water quality initiatives fund
contained in 2011 PA 50, 2011 PA 63, and 2012 PA 200 are
appropriated for expenditure for any site listed in this part and
any site listed in the public acts referenced in this section.
Sec. 218. It is the intent of the legislature that all
principal executive departments and agencies cooperate with the
development and implementation of the department of technology,
management, and budget statewide office space consolidation plan.
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 state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the previous fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house 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 cooperate with the
state budget office to provide the state budget director, the
senate and house appropriations chairs, the senate and house
appropriations subcommittees on 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, 2013 and
September 30, 2014.
Sec. 223. Part 1 provides authorizations to fund 1,285.5 FTE
classified positions during the fiscal year ending September 30,
2014. Line-item appropriations include limitations on the number of
payroll hours to be funded, on the basis of 2,088 hours per each
FTE position. The department shall report the number of funded FTE
positions within 15 days after the effective date of this act. The
number of classified employees compensated through each line item
is limited by the authorized FTE positions indicated in part 1, as
adjusted for the number of reported funded FTE positions. The
report shall be provided to the house and senate appropriations
subcommittees on environmental quality and the house and senate
fiscal agencies.
Sec. 224. On a quarterly basis, the department shall report on
the number of FTEs in pay status by civil service classification to
the senate and house appropriations subcommittees on environmental
quality and the senate and house fiscal agencies.
Sec. 225. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 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, 2013. 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 a list of all actions and program changes taken to
implement the tracking tool and the date the tool became available
for public use on the Internet.
Sec. 228. The department shall provide a report on the
customer satisfaction evaluation program and the feedback received
to the house and senate appropriations subcommittees on
environmental quality and the house and senate fiscal agencies by
July 1, 2014.
Sec. 229. The department shall provide a report on the
expedited permitting program to the house and senate appropriations
subcommittees on environmental quality and the house and senate
fiscal agencies by July 1, 2014. The report shall include a list of
all actions and program changes taken to implement the expedited
permitting program and which programs have implemented the
expedited permitting program.
Sec. 231. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 232. Effective October 1, 2013, surplus funds not to
exceed $72,600.00 in the publication revenue fund are appropriated
to the oil and gas regulatory fund created in section 61525b of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.61525b.
REMEDIATION DIVISION
Sec. 301. Revenues remaining in the interdepartmental
transfers, laboratory services at the end of the fiscal year shall
carry forward into the succeeding fiscal year.
Sec. 302. The unexpended funds appropriated in part 1 for
emergency cleanup actions, the environmental cleanup and
redevelopment program, and the refined petroleum product cleanup
program are considered work project appropriations and any
unencumbered or unallotted funds are carried forward into the
succeeding fiscal year. The following is in compliance with section
451a(1) of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the projects to be carried forward is to
provide contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in
each line-item appropriation.
(d) The tentative completion date is September 30, 2018.
Sec. 303. Effective October 1, 2013, 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, 2013, surplus funds not to
exceed $1,000,000.00 in the community pollution prevention fund
created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a.
Sec. 305. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred
to the environmental protection fund created in section 503a of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.503a, as part of the resolution for the fiscal year 2006-
2007 budget.
Sec. 306. (1) The funds appropriated in part 1 for the refined
petroleum product cleanup program shall be used to fund cleanup
activities on the following sites:
Site Name County
Midway Resort Inc. Alger
Country Party Store Alpena
Hubbard Lake General Store Alpena
Don's Auto Antrim
Res. Wells Torch Lake Twp. Antrim
Bud's in Honor Benzie
Frankfort Station Benzie
Randy's Amoco Berrien
Baker Oil (E. Michigan) Calhoun
Clark #767 (Marshall) Calhoun
Clark #768 (Albion) Calhoun
Clark Service Station #500 Calhoun
Pioneer Auto Truck Stop Calhoun
Te-Khi Truck Auto Plaza Inc. Calhoun
Dave's Repair Cass
Herb's Auto Care Cass
Unocal 76, Edwardsburg (Energy Oil) Cass
Arnold's Bait and Tackle Charlevoix
Clare's Country Corners Charlevoix
Cook Corporation Site Cheboygan
Corner Store Cheboygan
Donald Johnson Cheboygan
The Depot Clare
State Road Service Clinton
Bay Petroleum Corp. Eaton
South End Mobil Eaton
Farmers Petroleum Coop - Petoskey Emmet
Odyssey House, Flint Genesee
Spartan Express (truck terminal) Genesee
Taber's Oil Co., Inc. Genesee
Watkins & Himelhoch Inc. Genesee
Estey Service Station Gladwin
Three Rivers Store Gladwin
Wilson's Grocery Gratiot
Action Auto Store #30 Ingham
Bay Gas Station, 3306 N. East St. Ingham
Clark Station #1995 Ingham
Former Clark #531 Ingham
Fresh-Up Car Wash Ingham
Miller Oil Company Ingham
Washington, 114 N. Iosco
Beach Products Kalamazoo
Davis Country Corners Kalkaska
1200 Monroe Avenue NW Kent
1558 28th Street SW Kent
Lakeside Resort and Party Store Leelanau
Ralph Herman Farms Leelanau
Blissfield Marathon Lenawee
Clark 1457 Adrian Lenawee
Lakeland Montessori School Livingston
Leon Bonner Prop Livingston
Millies Market (dba Toms) Livingston
The Clark Station #2128 Livingston
The Oasis Truck Stop Livingston
White Star Tavern Manistee
Travis Thurow Property Mason
Morley General Store Mecosta
Cole's Garage (Allen J Cole) Midland
Dutch Hutch Missaukee
A-1 Party Mart Montmorency
Sports Center, Inc. Montmorency
Ravenna Sunoco Muskegon
Star Mini-Mart #2 Muskegon
Village of Ravenna Muskegon
Clear Lake (2 – 213 sites combined) Ogemaw
Hersey Party Store Osceola
Onaway Tax Service Presque Isle
Clark #1072 Saginaw
H+Z Oil (Imperial #43) Saginaw
M+K Investments (Imperial #41) Saginaw
Norge Village Saginaw
AMCO Group Sanilac
Sangster property Sanilac
Raymond Ayotte Shiawassee
Duff's Shell St. Joseph
State-Wide 213 Triage Statewide
Clark Service Station #1586, Former Tuscola
Elm Street, 3474 Tuscola
Broekhutzen Produce Van Buren
Anmas Inc. Wayne
(2) The department shall provide a report to the legislature
on the amount actually spent at each site listed in subsection (1)
and give a detailed account of the work actually performed at each
site.
Sec. 307. The department shall provide a report on the results
of the Wickes Manufacturing TCE plume site engineering study which
was funded by 2012 PA 200. The report shall be prepared and
transmitted to the house and senate appropriations subcommittees on
environmental quality and the house and senate fiscal agencies not
later than November 15, 2013.
Sec. 310. (1) Upon approval by the state budget director, the
department may expend from the general fund of the state an amount
to meet the cash-flow requirements of projects funded under any of
the following that are financed from bond proceeds and for which
bonds have been authorized but not yet issued:
(a) Part 52 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.5201 to 324.5206.
(b) Part 193 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19301 to 324.19306.
(c) Part 196 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19601 to 324.19616.
(2) Upon the sale of bonds for projects described in
subsection (1), the department shall credit the general fund of the
state an amount equal to that expended from the general fund.
WATER RESOURCES DIVISION
Sec. 401. From the funds appropriated in part 1 for surface
water, not less than $700,000.00 and 5.0 FTEs shall be allocated to
support the permit review program within the aquatic nuisance
control program. The department shall report to the house and
senate appropriations subcommittees on environmental quality and
the house and senate fiscal agencies by September 30, 2013 on the
use of this funding and the number of permit applications processed
by the program in 2013.
Sec. 405. If a certified health department does not exist in a
city, county, or district or does not fulfill its responsibilities
under part 117 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.11701 to 324.11720, then the
department may spend funds appropriated in part 1 under the septage
waste compliance program in accordance with section 11716 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.11716.
Sec. 406. From the funds appropriated in part 1 for surface
water, not less than $100,000 and 1.0 FTE shall be allocated to
support the wetlands ombudsman position. The ombudsman shall
address the impact of wetland regulations on agricultural expansion
in this state and assist the agricultural specialty crop industry
with development of cost-effective options for mitigating wetland
impacts.
RESOURCE MANAGEMENT DIVISION
Sec. 602. (1) The department is encouraged to use available
pollution prevention funds and work with local public health
departments, the department of agriculture and rural development,
and the United States department of agriculture to maintain and
expand programs for the safe disposal of hazardous household
chemicals and prescription drugs.
(2) The department shall report to the house and senate
appropriations subcommittees on environmental quality and the house
and senate fiscal agencies by March 1, 2014 on clean sweep
locations in this state and on factors affecting program success
and expansion including funding requirements.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE VIII
GENERAL GOVERNMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the legislature, the
executive, the department of attorney general, the department of
state, the department of treasury, the department of technology,
management, and budget, the department of civil rights, and certain
state purposes related thereto, for the fiscal year ending
September 30, 2014, from the following funds:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions........... 44.0
Full-time equated classified positions.......... 7,596.7
House Bill No. 4328 (H-1) as amended April 23, 2013
GROSS APPROPRIATION.................................... [$ 4,290,796,400]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 738,837,400
ADJUSTED GROSS APPROPRIATION........................... [$ 3,551,959,000]
Federal revenues:
Total federal revenues................................. 700,910,000
Special revenue funds:
Total local revenues................................... 7,713,800
Total private revenues................................. 6,086,100
Total other state restricted revenues.................. 1,931,095,300
State general fund/general purpose..................... [$ 906,153,800]
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 511.0
GROSS APPROPRIATION.................................... $ 89,013,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 27,355,500
ADJUSTED GROSS APPROPRIATION........................... $ 61,657,600
Federal revenues:
Total federal revenues................................. 9,838,200
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 17,631,900
State general fund/general purpose..................... $ 34,187,500
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 511.0
Attorney general....................................... $ 112,500
Unclassified positions--5.0 FTE positions.............. 707,000
Attorney general operations--473.0 FTE positions....... 80,410,300
Child support enforcement--25.0 FTE positions.......... 3,427,800
Prosecuting attorneys coordinating council--12.0 FTE
positions............................................ 2,063,800
Public safety initiative--1.0 FTE position............. 896,000
GROSS APPROPRIATION.................................... $ 87,617,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, WIC..................................... 91,800
IDG from MDCH, health policy........................... 196,800
IDG from MDCH, medical services administration......... 506,500
IDG from department of corrections..................... 629,100
IDG from MDE........................................... 377,800
IDG from MDEQ.......................................... 2,174,000
IDG from MDHS.......................................... 5,816,600
IDG from Michigan state housing development authority.. 644,200
IDG from MDLARA, children's protection registry........ 44,300
IDG from MDLARA, financial and insurance regulation.... 1,377,000
IDG from MDLARA, fireworks safety fund................. 79,000
IDG from MDLARA, licensing and regulation fees......... 235,900
IDG from MDLARA, Michigan occupational safety and
health administration................................ 106,000
IDG from MDLARA, remonumentation fees.................. 101,200
IDG from MDLARA, health professions.................... 2,892,500
IDG from MDLARA, unlicensed builders................... 176,000
IDG from MDMVA......................................... 156,800
IDG from MDOT, comprehensive transportation fund....... 200,900
IDG from MDOT, state aeronautics fund.................. 174,400
IDG from MDOT, state trunkline fund.................... 2,387,000
IDG from MDSP.......................................... 352,700
IDG from MDSP, Michigan justice training fund.......... 157,100
IDG from MDTMB......................................... 247,900
IDG from MDTMB, civil service commission............... 300,600
IDG from MDTMB, risk management revolving fund......... 1,442,900
IDG from MSF, workforce development agency............. 85,400
IDG from treasury...................................... 6,230,900
IDG from treasury, Michigan strategic fund............. 170,200
Federal revenues:
DAG, state administrative match grant/food stamps...... 434,500
Federal funds.......................................... 3,021,100
HHS, medical assistance, medigrant..................... 678,200
HHS-OS, state Medicaid fraud control units............. 5,590,000
National criminal history improvement program.......... 114,400
Special revenue funds:
Antitrust enforcement collections...................... 726,100
Assigned claims assessments............................ 158,600
Attorney general's operations fund..................... 1,175,400
Auto repair facilities fees............................ 311,800
Franchise fees......................................... 375,900
Game and fish protection fund.......................... 838,000
Liquor purchase revolving fund......................... 1,390,100
Manufactured housing fees.............................. 246,200
Merit award trust fund................................. 487,300
Michigan employment security act - administrative fund. 2,134,600
Prisoner reimbursement................................. 614,400
Prosecuting attorneys training fees.................... 405,300
Public utility assessments............................. 2,141,300
Real estate enforcement fund........................... 499,000
Reinstatement fees..................................... 208,800
Retirement funds....................................... 992,600
Second injury fund..................................... 807,500
Self-insurers security fund............................ 561,400
Silicosis and dust disease fund........................ 221,700
State building authority revenue....................... 115,100
State casino gaming fund............................... 1,663,000
State lottery fund..................................... 328,700
Utility consumers fund................................. 743,900
Waterways fund......................................... 133,200
Worker's compensation administrative revolving fund.... 352,000
State general fund/general purpose..................... $ 32,791,800
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 1,395,700
GROSS APPROPRIATION.................................... $ 1,395,700
Appropriated from:
House Bill No. 4328 (H-1) as amended April 23, 2013
State general fund/general purpose..................... $ 1,395,700
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 107.0
GROSS APPROPRIATION.................................... $ 14,632,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 14,632,300
Federal revenues:
Total federal revenues................................. 2,690,200
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 18,700
Total other state restricted revenues.................. 151,900
State general fund/general purpose..................... $ 11,771,500
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 107.0
Unclassified positions--6.0 FTE positions.............. $ 707,000
Civil rights operations--99.0 FTE positions............ [11,876,700]
[Michigan women's commission........................... 250,000]
Division on deaf and hard of hearing--6.0 FTE
positions............................................ 771,300
Hispanic/Latino commission of Michigan--1.0 FTE
position............................................. 255,600
Asian Pacific American affairs commission--1.0 FTE
position............................................. 103,800
GROSS APPROPRIATION.................................... $ 13,964,400
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 1,177,600
HUD, grant............................................. 1,497,600
Special revenue funds:
Private revenues....................................... 18,700
Division on deafness fund.............................. 93,400
State restricted indirect funds........................ 58,500
State general fund/general purpose..................... $ 11,118,600
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 667,900
GROSS APPROPRIATION.................................... $ 667,900
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 15,000
State general fund/general purpose..................... $ 652,900
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
GROSS APPROPRIATION.................................... $ 4,970,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 4,970,000
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..................... $ 4,970,000
(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................... 3,841,800
Unclassified positions--8.0 FTE positions.............. 857,300
GROSS APPROPRIATION.................................... $ 4,970,000
Appropriated from:
State general fund/general purpose..................... $ 4,970,000
Sec. 105. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 141,326,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 5,192,100
ADJUSTED GROSS APPROPRIATION........................... $ 136,134,700
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 400,000
Total other state restricted revenues.................. 3,060,800
State general fund/general purpose..................... $ 132,673,900
(2) LEGISLATURE
Senate................................................. $ 29,595,300
Senate automated data processing....................... 2,432,200
Senate fiscal agency................................... 3,426,000
House of representatives............................... 45,641,200
House automated data processing........................ 1,930,900
House fiscal agency.................................... 3,426,000
GROSS APPROPRIATION.................................... $ 86,451,600
Appropriated from:
State general fund/general purpose..................... $ 86,451,600
(3) LEGISLATIVE COUNCIL
Legislative council.................................... $ 10,424,900
Legislative service bureau automated data processing... 1,312,200
Worker's compensation.................................. 139,200
National association dues.............................. 425,000
Legislative corrections ombudsman...................... 670,700
Legislative veterans' facility ombudsman............... 100,000
GROSS APPROPRIATION.................................... $ 13,072,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDMVA......................................... 100,000
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 12,572,000
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses......................... $ 4,561,700
GROSS APPROPRIATION.................................... $ 4,561,700
Appropriated from:
Special revenue funds:
Court fees............................................. 1,109,800
State general fund/general purpose..................... $ 3,451,900
(5) PROPERTY MANAGEMENT
Capitol building....................................... $ 3,078,700
Cora Anderson building................................. 10,207,700
Farnum building and other properties................... 2,547,600
GROSS APPROPRIATION.................................... $ 15,834,000
Appropriated from:
State general fund/general purpose..................... $ 15,834,000
(6) OFFICE OF THE AUDITOR GENERAL
Unclassified positions................................. $ 316,600
Field operations....................................... 21,090,900
GROSS APPROPRIATION.................................... $ 21,407,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, comprehensive transportation fund....... 36,400
IDG from MDOT, Michigan transportation fund............ 296,000
IDG from MDOT, state aeronautics fund.................. 28,300
IDG from MDOT, state trunkline fund.................... 687,600
IDG, single audit act.................................. 2,730,400
IDG, commercial mobile radio system emergency
telephone fund....................................... 34,400
IDG, contract audit administration fees................ 38,900
IDG, deferred compensation funds....................... 50,900
IDG, Michigan finance authority........................ 310,000
IDG, Michigan economic development corporation......... 90,200
IDG, Michigan education trust fund..................... 66,300
IDG, Michigan strategic fund........................... 158,500
IDG, office of retirement services..................... 204,700
IDG, other restricted funding sources.................. 359,500
Special revenue funds:
21st century jobs trust fund........................... 90,200
Brownfield development fund............................ 26,400
Clean Michigan initiative implementation bond fund..... 51,000
Fee adequacy, air quality delegated authority.......... 13,000
Game and fish protection fund.......................... 29,300
Legislative retirement system.......................... 27,300
MDTMB, civil service commission........................ 155,700
MDLARA, liquor purchase revolving fund................. 26,800
Michigan justice training commission fund.............. 38,400
Michigan state housing development authority fees...... 106,500
Michigan veterans' trust fund.......................... 33,200
Motor transport revolving fund......................... 7,000
Office services revolving fund......................... 9,200
State disbursement unit, office of child support....... 53,900
State services fee fund................................ 1,272,600
Waterways fund......................................... 10,500
State general fund/general purpose..................... $ 14,364,400
Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,562.0
GROSS APPROPRIATION.................................... $ 218,954,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ 198,954,700
Federal revenues:
Total federal revenues................................. 1,810,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 100
Total other state restricted revenues.................. 182,485,400
State general fund/general purpose..................... $ 14,659,200
(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.............. 701,700
Operations--30.0 FTE positions......................... 4,036,500
GROSS APPROPRIATION.................................... $ 4,850,700
Appropriated from:
Special revenue funds:
Auto repair facility fees.............................. 69,200
Driver fees............................................ 277,900
Expedient service fees................................. 66,800
Parking ticket court fines............................. 9,300
Personal identification card fees...................... 32,300
Reinstatement fees - operation licenses................ 250,700
Transportation administration collection fund.......... 2,506,500
Vehicle theft prevention fees.......................... 40,700
State general fund/general purpose..................... $ 1,597,300
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 157.0
Operations--157.0 FTE positions........................ $ 29,209,000
GROSS APPROPRIATION.................................... $ 29,209,000
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................. 481,900
Auto repair facilities fees............................ 1,608,700
Child support clearance fees........................... 35,200
Driver education provider and instructor fund.......... 20,800
Driver fees............................................ 1,578,700
Driver improvement course fund......................... 309,200
Expedient service fees................................. 274,100
Marine safety fund..................................... 83,400
Off-road vehicle title fees............................ 8,300
Parking ticket court fines............................. 71,600
Personal identification card fees...................... 189,500
Reinstatement fees - operator licenses................. 1,290,000
Scrap tire fund........................................ 76,500
Snowmobile registration fee revenue.................... 18,600
Transportation administration collection fund.......... 22,379,900
Vehicle theft prevention fees.......................... 629,900
State general fund/general purpose..................... $ 152,700
(4) LEGAL SERVICES
Full-time equated classified positions........... 32.0
Operations--32.0 FTE positions......................... $ 6,891,200
GROSS APPROPRIATION.................................... $ 6,891,200
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 1,449,100
Driver education provider and instructor fund.......... 25,500
Driver fees............................................ 934,900
Expedient service fees................................. 12,300
Parking ticket court fines............................. 7,400
Personal identification card fees...................... 60,200
Reinstatement fees - operator licenses................. 716,300
Transportation administration collection fund.......... 3,208,300
Vehicle theft prevention fees.......................... 465,300
State general fund/general purpose..................... $ 11,900
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,298.0
Branch operations--910.5 FTE positions................. $ 82,233,600
Central operations--368.5 FTE positions................ 47,398,800
Motorcycle safety education administration--2.0 FTE
positions............................................ 327,400
Motorcycle safety education grants..................... 1,500,000
Commemorative license plates--14.0 FTE positions....... 1,897,300
Specialty license plates--3.0 FTE positions............ 750,000
Organ donor program.................................... 128,500
Credit and debit assessment service fees............... 5,000,000
GROSS APPROPRIATION.................................... $ 139,235,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 20,000,000
Federal revenues:
Federal funds.......................................... 1,460,000
Special revenue funds:
Private funds.......................................... 100
Abandoned vehicle fees................................. 204,800
Auto repair facilities fees............................ 1,734,600
Child support clearance fees........................... 311,700
Credit and debit assessment service fees............... 5,000,000
Driver education provider and instructor fund.......... 28,800
Driver fees............................................ 25,852,100
Driver improvement course fund......................... 1,248,400
Enhanced driver license and enhanced official state
personal identification card fund.................... 6,559,400
Expedient service fees................................. 2,569,700
Marine safety fund..................................... 1,394,600
Michigan state police auto theft fund.................. 123,700
Mobile home commission fees............................ 508,200
Motorcycle safety fund................................. 1,827,400
Off-road vehicle title fees............................ 156,500
Parking ticket court fines............................. 1,553,600
Personal identification card fees...................... 2,246,400
Recreation passport fee................................ 1,000,000
Reinstatement fees - operator licenses................. 2,362,100
Snowmobile registration fee revenue.................... 372,000
Thomas Daley gift of life fund......................... 50,000
Transportation administration collection fund.......... 59,534,900
Vehicle theft prevention fees.......................... 743,600
State general fund/general purpose..................... $ 2,393,000
(6) ELECTION REGULATION
Full-time equated classified positions........... 45.0
Election administration and services--45.0 FTE
positions............................................ $ 6,477,400
Fees to local units.................................... 109,000
Help America vote act.................................. 350,000
County clerk education and training fund............... 100,000
GROSS APPROPRIATION.................................... $ 7,036,400
Appropriated from:
Federal revenues:
Federal funds - HAVA HHS............................... 350,000
Special revenue funds:
Notary education and training fund..................... 100,000
Notary fee fund........................................ 344,100
State general fund/general purpose..................... $ 6,242,300
(7) DEPARTMENTWIDE APPROPRIATION
Building occupancy charges/rent........................ $ 9,671,900
Worker's compensation.................................. 313,000
GROSS APPROPRIATION.................................... $ 9,984,900
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 136,000
Driver fees............................................ 728,600
Expedient service fees................................. 26,200
Parking ticket court fines............................. 449,700
Transportation administration collection fund.......... 5,936,000
State general fund/general purpose..................... $ 2,708,400
(8) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 21,746,900
GROSS APPROPRIATION.................................... $ 21,746,900
Appropriated from:
Special revenue funds:
Administrative order processing fee.................... 11,800
Auto repair facilities fees............................ 190,600
Child support clearance fees........................... 17,200
Driver fees............................................ 790,000
Expedient service fees................................. 1,088,700
Parking ticket court fines............................. 87,800
Personal identification card fees...................... 170,200
Reinstatement fees - operator licenses................. 594,300
Transportation administration collection fund.......... 17,061,100
Vehicle theft prevention fees.......................... 181,600
State general fund/general purpose..................... $ 1,553,600
Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,804.0
GROSS APPROPRIATION.................................... $ 1,163,982,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 677,159,800
ADJUSTED GROSS APPROPRIATION........................... $ 486,823,100
Federal revenues:
Total federal revenues................................. 8,790,900
Special revenue funds:
Total local revenues................................... 1,320,800
Total private revenues................................. 190,400
Total other state restricted revenues.................. 92,625,900
State general fund/general purpose..................... $ 383,895,100
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 12.0
Unclassified positions--6.0 FTE positions.............. $ 801,800
Executive operations--12.0 FTE positions............... 2,230,300
GROSS APPROPRIATION.................................... $ 3,032,100
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 193,200
IDG from technology user fees.......................... 1,875,200
Special revenue funds:
Special revenue, internal service, and pension trust
funds................................................ 289,700
State general fund/general purpose..................... $ 674,000
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 714.5
Administrative services--134.5 FTE positions........... $ 17,036,900
Budget and financial management--135.0 FTE positions... 17,181,900
Office of the state employer--23.0 FTE positions....... 3,309,500
Design and construction services--40.0 FTE positions... 6,302,800
Business support services--95.0 FTE positions.......... 10,361,800
Building operation services--210.0 FTE positions....... 90,199,300
Building occupancy charges, rent, and utilities........ 5,127,500
Motor vehicle fleet--35.0 FTE positions................ 59,221,400
Information technology services and projects........... 28,799,500
Bureau of labor market information and strategies--
42.0 FTE positions................................... 5,709,000
GROSS APPROPRIATION.................................... $ 243,249,600
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service center user charges........ 2,694,200
IDG from building occupancy and parking charges........ 92,619,900
IDG from MDCH.......................................... 477,900
IDG from MDHS.......................................... 209,200
IDG from MDLARA........................................ 100,000
IDG from motor transport fund.......................... 59,221,400
IDG from technology user fees.......................... 7,747,500
IDG from user fees..................................... 6,669,500
Federal revenues:
Federal funds.......................................... 5,826,500
Special revenue funds:
Deferred compensation.................................. 2,600
Health management funds................................ 2,158,200
MAIN user charges...................................... 4,648,300
Pension trust funds.................................... 7,322,700
Special revenue, internal service, and pension trust
funds................................................ 17,089,200
State building authority revenue....................... 699,100
State restricted indirect funds........................ 2,874,500
State general fund/general purpose..................... $ 32,888,900
(4) TECHNOLOGY SERVICES
Full-time equated classified positions........ 1,459.5
Education services--29.0 FTE positions................. $ 4,044,900
Health and human services--617.5 FTE positions......... 266,662,400
Public protection--254.5 FTE positions................. 65,175,300
Resources services--146.5 FTE positions................ 19,590,700
Transportation services--89.5 FTE positions............ 30,500,500
General services--322.5 FTE positions.................. 91,180,000
Enterprisewide information technology investments...... 46,648,300
GROSS APPROPRIATION.................................... $ 523,802,100
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 477,153,800
State general fund/general purpose..................... $ 46,648,300
(5) STATEWIDE APPROPRIATIONS
Professional development fund - MPE, SEIU, scientific
and engineering unit................................. $ 125,000
Professional development fund - AFSCME................. 50,000
Professional development fund - NERE................... 200,000
GROSS APPROPRIATION.................................... $ 375,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................ 375,000
State general fund/general purpose..................... $ 0
(6) SPECIAL PROGRAMS
Full-time equated classified positions.......... 172.0
Building occupancy charges - property management
services for executive/legislative building
occupancy............................................ $ 1,208,200
Retirement services--162.0 FTE positions............... 25,221,200
Office of children's ombudsman--10.0 FTE positions..... 1,225,900
GROSS APPROPRIATION.................................... $ 27,655,300
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 1,542,400
Pension trust funds.................................... 18,907,000
State general fund/general purpose..................... $ 7,205,900
(7) 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
(8) CIVIL SERVICE COMMISSION
Full-time equated classified positions.......... 446.0
Agency services--81.5 FTE positions.................... $ 12,418,700
Executive direction--32.5 FTE positions................ 9,269,000
Employee benefits--16.0 FTE positions.................. 5,636,600
Training............................................... 1,300,000
Human resources operations--316.0 FTE positions........ 34,882,100
Information technology services........................ 4,326,500
GROSS APPROPRIATION.................................... $ 67,832,900
Appropriated from:
Interdepartmental grant revenues:
IDG, 1% special funds.................................. 3,223,000
IDG, training charges.................................. 1,300,000
Federal revenues:
Federal funds 1%....................................... 2,964,400
Special revenue funds:
Local funds 1%......................................... 1,320,800
Private funds 1%....................................... 190,400
State restricted funds 1%.............................. 21,232,900
House Bill No. 4328 (H-1) as amended April 23, 2013
State restricted indirect funds........................ 7,327,300
State sponsored group insurance........................ 2,743,100
State sponsored group insurance, flexible spending
accounts and COBRA................................... 5,788,900
State general fund/general purpose..................... $ 21,742,100
(9) CAPITAL OUTLAY
Major special maintenance, remodeling, and additions
for state agencies................................... $ 2,000,000
Enterprisewide special maintenance for state
facilities........................................... [16,365,300]
GROSS APPROPRIATION.................................... [$ 18,365,300]
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 2,000,000
State general fund/general purpose..................... [$ 16,365,300]
(10) ONE-TIME BASIS ONLY APPROPRIATIONS
One-time technology investments........................ $ 21,300,000
[Delta County bridge................................... 1,500,000]
GROSS APPROPRIATION.................................... [$ 22,800,000]
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant revenues....................... 21,300,000
State general fund/general purpose..................... [$ 1,500,000]
Sec. 108. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........ 2,538.5
House Bill No. 4328 (H-1) as amended April 23, 2013
GROSS APPROPRIATION.................................... [$ 2,657,916,600]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 9,130,000
ADJUSTED GROSS APPROPRIATION........................... [$ 2,648,786,600]
Federal revenues:
Total federal revenues................................. 677,780,700
Special revenue funds:
Total local revenues................................... 6,393,000
Total private revenues................................. 5,476,900
Total other state restricted revenues.................. 1,635,139,400
State general fund/general purpose..................... [$ 323,996,600]
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions............ 5.0
Unclassified positions--10.0 FTE positions............. $ 1,025,200
Office of the director--5.0 FTE positions.............. 1,619,700
GROSS APPROPRIATION.................................... $ 2,644,900
Appropriated from:
Federal revenues:
DED-OPSE, federal lenders allowance.................... 20,000
DED-OPSE, higher education act of 1965 insured loans... 45,000
Special revenue funds:
Michigan state housing development authority fees and
charges.............................................. 238,900
State lottery fund..................................... 268,000
State services fee fund................................ 304,500
State general fund/general purpose..................... $ 1,768,500
(3) DEPARTMENTWIDE APPROPRIATIONS
Rent and building occupancy charges - property
management services.................................. $ 5,773,300
Worker's compensation insurance premium................ 135,000
GROSS APPROPRIATION.................................... $ 5,908,300
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue...................... 2,883,100
State general fund/general purpose..................... $ 3,025,200
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions.......... 100.0
Supervision of the general property tax law--75.0 FTE
positions............................................ $ 20,089,500
Property tax assessor training--4.0 FTE positions...... 1,024,300
Local finance--21.0 FTE positions...................... 2,513,500
GROSS APPROPRIATION.................................... $ 23,627,300
Appropriated from:
Special revenue funds:
Local - assessor training fees......................... 1,024,300
Local - audit charges.................................. 795,200
Local - equalization study charge-backs................ 40,000
Local - revenue from local government.................. 100,000
Land reutilization fund................................ 5,256,000
Municipal finance fees................................. 524,700
Public-private partnership investment fund............. 1,513,700
Delinquent tax collection revenue...................... 1,477,600
State general fund/general purpose..................... $ 12,895,800
(5) TAX PROGRAMS
Full-time equated classified positions.......... 805.0
Customer contact--127.0 FTE positions.................. $ 12,237,700
Tax compliance--337.0 FTE positions.................... 43,823,200
Tax and economic policy--137.0 FTE positions........... 20,731,300
Tax processing--176.0 FTE positions.................... 18,263,700
Health insurance claims fund program--15.0 FTE
positions............................................ 1,997,700
Home heating assistance................................ 2,967,800
Bottle act implementation.............................. 250,000
Tobacco tax enforcement--13.0 FTE positions............ 1,539,100
GROSS APPROPRIATION.................................... $ 101,810,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 2,100,000
IDG from MDOT, state aeronautics fund.................. 69,400
Federal revenues:
HHS-SSA, low-income energy assistance.................. 2,967,800
Special revenue funds:
Bottle deposit fund.................................... 250,000
Delinquent tax collection revenue...................... 72,691,100
Emergency 911 fund..................................... 152,900
Health insurance claims fund........................... 1,997,700
Tobacco tax revenue.................................... 4,005,100
Waterways fund......................................... 102,700
State general fund/general purpose..................... $ 17,473,800
(6) BANKING AND MANAGEMENT SERVICES
Full-time equated classified positions.......... 353.0
Departmental and budget services--58.0 FTE positions... $ 5,414,500
Unclaimed property--29.0 FTE positions................. 4,709,400
Collections--203.0 FTE positions....................... 26,774,000
Finance and accounting--24.0 FTE positions............. 2,388,100
Receipts processing--39.0 FTE positions................ 4,311,800
GROSS APPROPRIATION.................................... $ 43,597,800
Appropriated from:
Interdepartmental grant revenues:
IDG, levy/warrant cost assessment fees................. 2,000,000
IDG, state agency collection fees...................... 2,842,500
IDG from MDHS, title IV-D.............................. 752,900
IDG data/collection service fees....................... 289,600
IDG from accounting service center user charges........ 473,600
Special revenue funds:
Delinquent tax collection revenue...................... 24,260,000
Escheats revenue....................................... 4,709,400
Justice system fund.................................... 469,700
Garnishment fees....................................... 2,445,500
State restricted indirect funds........................ 267,700
Treasury fees.......................................... 45,400
State general fund/general purpose..................... $ 5,041,500
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 202.5
Investments--82.0 FTE positions........................ $ 19,657,900
Common cash and debt management--22.5 FTE positions.... 1,596,700
Student financial assistance programs--25.5 FTE
positions............................................ 2,638,300
Michigan finance authority - bond finance--72.5 FTE
positions............................................ 38,477,000
John R. Justice grant program.......................... 287,300
Dual enrollment........................................ 995,700
GROSS APPROPRIATION.................................... $ 63,652,900
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 202,000
Federal revenues:
DED-OPSE, federal lenders allowance.................... 10,557,900
DED-OPSE, higher education act of 1965, insured loans.. 24,920,100
Federal - John R. Justice grant........................ 287,300
Special revenue funds:
Defined contribution administrative fee revenue........ 100,000
Michigan finance authority bond and loan program
revenue.............................................. 2,999,000
Michigan merit award trust fund........................ 1,123,700
Retirement funds....................................... 18,174,200
School bond fees....................................... 820,100
Treasury fees.......................................... 1,591,500
State general fund/general purpose..................... $ 2,877,100
(8) DEBT SERVICE
Water pollution control bond and interest redemption... $ 1,132,700
Quality of life bond................................... 79,902,700
Clean Michigan initiative.............................. 57,118,200
Great Lakes water quality bond......................... 8,048,900
GROSS APPROPRIATION.................................... $ 146,202,500
Appropriated from:
Special revenue funds:
Refined petroleum fund................................. 5,514,500
State general fund/general purpose..................... $ 140,688,000
(9) GRANTS
Convention facility development distribution........... $ 74,850,000
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.................................... $ 122,870,000
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..................... $ 12,020,000
(10) BUREAU OF STATE LOTTERY
Full-time equated classified positions.......... 193.0
Lottery operations--193.0 FTE positions................ $ 25,240,300
Promotion and advertising.............................. 20,622,000
Lottery information technology services and projects... 5,162,900
GROSS APPROPRIATION.................................... $ 51,025,200
Appropriated from:
Special revenue funds:
State lottery fund..................................... 51,025,200
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.. 24,721,600
Casino gaming information technology services and
projects............................................. 1,820,700
Racing commission--10.0 FTE positions.................. 2,312,500
GROSS APPROPRIATION.................................... $ 28,904,800
Appropriated from:
Special revenue funds:
Casino gambling agreements............................. 719,300
Equine development fund................................ 2,435,500
Laboratory fees........................................ 700,000
State services fee fund................................ 25,050,000
State general fund/general purpose..................... $ 0
(12) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.............................. $ 3,054,900
Purchased lands........................................ 6,512,400
Swamp and tax reverted lands........................... 7,779,800
GROSS APPROPRIATION.................................... $ 17,347,100
Appropriated from:
Special revenue funds:
Private funds.......................................... 22,000
Game and fish protection fund.......................... 2,333,600
Michigan natural resources trust fund.................. 1,434,000
House Bill No. 4328 (H-1) as amended April 23, 2013
Michigan state waterways fund.......................... 194,600
State general fund/general purpose..................... $ 13,362,900
(13) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 407.0
Administration--22.0 FTE positions..................... $ 3,035,800
Job creation services--137.0 FTE positions............. 18,361,800
Facility for rare isotope beams debt service........... [7,300,000]
Pure Michigan.......................................... 29,000,000
Innovation and entrepreneurship........................ 28,500,000
Business attraction and community revitalization....... [66,983,000]
Community ventures--7.0 FTE positions.................. 9,726,700
Community development block grants..................... 47,000,000
Arts and cultural program.............................. 7,150,000
Michigan film office--6.0 FTE positions................ 882,300
GEAR-UP program grants................................. 4,730,700
Carl D. Perkins grants................................. 19,000,000
Adult basic education.................................. 20,000,000
Adult education--16.0 FTE positions.................... 2,736,700
Bureau of energy systems............................... 4,610,900
Postsecondary education--9.0 FTE positions............. 2,045,300
Employment services--125.0 FTE positions............... 35,166,900
Workforce development agency administrative services--
22.0 FTE positions................................... 1,740,100
Workforce program administration--57.0 FTE positions... 13,404,400
Workforce training programs............................ 250,819,100
Welfare-to-work programs............................... 89,243,300
Workforce development agency rent and property
House Bill No. 4328 (H-1) as amended April 23, 2013
management........................................... 870,500
Land bank fast track authority - bond finance--6.0 FTE
positions............................................ 2,993,900
Information technology services and projects........... 1,082,500
GROSS APPROPRIATION.................................... [$ 666,383,900]
Appropriated from:
Federal revenues:
DAG, employment and training........................... 3,500,000
DED-OESE, GEAR-UP...................................... 4,730,700
DED-OVAE, adult education.............................. 20,000,000
DED-OVAE, basic grants to states....................... 19,000,000
DOE-OEERE, multiple grants............................. 4,796,800
DOL, federal funds..................................... 112,800,000
DOL-ETA, workforce investment act...................... 184,003,300
Federal funds.......................................... 5,950,000
HUD-CPD, community development block grants............ 49,780,700
US-EPA, revolving loan fund............................ 1,000,000
NFAH-NEA, promotion of the arts, partnership
agreements........................................... 1,050,000
Social security act, temporary assistance for needy
families............................................. 64,898,800
Special revenue funds:
Local revenues......................................... 4,433,500
Private - special project advances..................... 250,000
Private - Michigan council for the arts fund........... 100,000
Private funds.......................................... 5,074,900
Private - oil overcharge............................... 30,000
House Bill No. 4328 (H-1) as amended April 23, 2013
Defaulted loan collection fees......................... 150,000
Industry support fees.................................. 5,500
Land bank fast track fund.............................. 2,151,400
21st century jobs trust fund........................... 75,000,000
Michigan film promotion fund........................... 648,800
Public utility assessments............................. 869,300
State general fund/general purpose..................... [$ 106,160,200]
(14) REVENUE SHARING
Constitutional state general revenue sharing grants.... $ 742,550,200
County revenue sharing payments........................ 112,480,000
County incentive program............................... 23,620,000
Economic vitality incentive program.................... 217,500,000
Competitive grant assistance program................... 5,000,000
GROSS APPROPRIATION.................................... $ 1,101,150,200
Appropriated from:
Special revenue funds:
Sales tax.............................................. 1,101,150,200
State general fund/general purpose..................... $ 0
(15) MICHIGAN STRATEGIC FUND - MICHIGAN STATE
HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions.......... 347.0
Payments on behalf of tenants.......................... $ 166,860,000
Housing and rental assistance--347.0 FTE positions..... 57,191,300
Lighthouse preservation program........................ 307,500
Rent and administrative support........................ 3,845,800
Michigan state housing development authority
technology services and projects..................... 3,533,100
House Bill No. 4328 (H-1) as amended April 23, 2013
GROSS APPROPRIATION.................................... $ 231,737,700
Appropriated from:
Federal revenues:
HUD, lower income housing assistance................... 166,860,000
Special revenue funds:
Michigan state housing development authority fees and
charges.............................................. 64,570,200
Michigan lighthouse preservation fund.................. 307,500
State general fund/general purpose..................... $ 0
(16) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 24,290,200
GROSS APPROPRIATION.................................... $ 24,290,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 400,000
Federal revenues:
DED-OPSE, federal lender allowance..................... 612,300
Special revenue funds:
Delinquent tax collection revenue...................... 15,481,800
Retirement funds....................................... 750,200
Tobacco tax revenue.................................... 125,600
State general fund/general purpose..................... $ 6,920,300
(17) ONE-TIME APPROPRIATIONS
[
]
Competitive grant assistance program................... 10,000,000
County incentive program............................... 4,500,000
House Bill No. 4328 (H-1) as amended April 23, 2013
Economic vitality incentive program.................... 7,500,000
Sales, use, and withholding system replacement......... 1,763,300
Michigan gaming casino board system replacement........ 3,000,000
GROSS APPROPRIATION.................................... [$ 26,763,300]
Appropriated from:
Special revenue funds:
Casino gaming fund..................................... 2,300,000
Sales tax.............................................. 22,000,000
State services fee fund................................ 700,000
State general fund/general purpose..................... [$ 1,763,300]
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
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 2013-2014 is
[$2,837,249,100.00] and state spending from state resources to be
paid to local units of government for fiscal year 2013-2014 is
$1,295,304,400.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF STATE
Fees to local units.................................... $ 109,000
Motorcycle safety grants............................... 1,251,000
Subtotal............................................... $ 1,360,000
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.... 742,550,200
Economic vitality incentive program.................... 225,000,000
Convention facility development fund distribution...... 74,850,000
Emergency 9-1-1 payments............................... 27,000,000
Competitive grant assistance program................... 15,000,000
County incentive program............................... 28,120,000
County revenue sharing payments........................ 112,480,000
Airport parking distribution pursuant to section 909... 15,466,200
Payments in lieu of taxes.............................. 17,347,100
Welfare-to-work programs............................... 15,110,900
Subtotal............................................... $ 1,293,944,400
TOTAL GENERAL GOVERNMENT............................... $ 1,295,304,400
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2013-2014 is estimated at $29,470,730,300.00 in the
2013-2014 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2013-2014
is estimated at $15,790,923,500.00. The state-local proportion is
estimated at 53.6% of total state spending from state resources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2013-2014 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
2013-2014 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2013-2014.
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) "COBRA" means the consolidated omnibus budget
reconciliation act of 1985, Public Law 99-272, 100 Stat. 82.
(d) "CPI" means consumer price index.
(e) "DAG" means the United States department of agriculture.
(f) "DED" means the United States department of education.
(g) "DED-OESE" means the DED office of elementary and
secondary education.
(h) "DED-OPSE" means the DED office of postsecondary
education.
(i) "DED-OSERS" means the DED office of special education
rehabilitation services.
(j) "DED-OVAE" means the DED office of vocational and adult
education.
(k) "DOE-OEERE" means the United States department of energy,
office of energy efficiency and renewable energy.
(l) "DOL-ETA" means the United States department of labor,
employment and training administration.
(m) "EEOC" means the United States equal employment
opportunity commission.
(n) "EPA" means the United States environmental protection
agency.
(o) "FTE" means full-time equated.
(p) "Fund" means the Michigan strategic fund.
(q) "GEAR-UP" means gaining early awareness and readiness for
undergraduate programs.
(r) "GF/GP" means general fund/general purpose.
(s) "HAVA" means help America vote act.
(t) "HHS" means the United States department of health and
human services.
(u) "HHS-OS" means the HHS office of the secretary.
(v) "HHS-SSA" means the HHS social security administration.
(w) "HUD" means the United States department of housing and
urban development.
(x) "HUD-CPD" means the United States department of housing
and urban development – community planning and development.
(y) "IDG" means interdepartmental grant.
(z) "IDT" means intradepartmental transfer.
(aa) "JCOS" means the joint capital outlay subcommittee.
(bb) "MAIN" means the Michigan administrative information
network.
(cc) "MCL" means the Michigan Compiled Laws.
(dd) "MDCH" means the Michigan department of community health.
(ee) "MDE" means the Michigan department of education.
(ff) "MDLARA" means the Michigan department of licensing and
regulatory affairs.
(gg) "MDEQ" means the Michigan department of environmental
quality.
(hh) "MDHS" means the Michigan department of human services.
(ii) "MDMVA" means the Michigan department of military and
veterans affairs.
(jj) "MDOT" means the Michigan department of transportation.
(kk) "MDSP" means the Michigan department of state police.
(ll) "MDTMB" means the Michigan department of technology,
management, and budget.
(mm) "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.
(nn) "MFA" means the Michigan finance authority.
(oo) "MPE" means the Michigan public employees.
(pp) "MSF" means the Michigan strategic fund.
(qq) "MSHDA" means Michigan state housing development
authority.
(rr) "NFAH-NEA" means the national foundation of the arts and
the humanities – national endowment for the arts.
(ss) "PA" means public act.
(tt) "SEIU" means service employees international union.
(uu) "WIC" means women, infants, and children.
Sec. 206. The department of technology, management, and budget
shall maintain a searchable website that is updated at least
quarterly and that is accessible by the public at no cost that
includes, but is not limited to, all of the following for each
department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 207. 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 part. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director of each department 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, 2014, from general fund/general purpose
revenue for deposit into the countercyclical budget and economic
stabilization fund the sum of $50,000,000.00. The calculation
required by section 352 of the management and budget act, 1984 PA
431, MCL 18.1352, is determined as follows:
2013 2014
Michigan personal income (millions)....... $379,958 $396,296
less: transfer payments.............. 86,279 91,283
Subtotal............................. $293,679 $305,013
Divided by: Detroit CPI for 12 months
ending June 30....................... 2.178 2.217
Equals: real adjusted Michigan personal
income............................... $134,811 $137,579
Percentage change ........................ 2.1%
Percentage change greater than 2% ........ 0.1%
Multiplied by: estimated GF/GP revenue in
fiscal year 2013-2014 (millions)..... 9,264.4
Equals: countercyclical budget and
economic stabilization fund payout
calculation for the fiscal year ending
September 30, 2014 (millions)........ $0.0
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. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate standing committees on
appropriations, the house and senate fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 217. General fund appropriations in part 1 shall not be
expended for items in cases where federal funding is available for
the same expenditures.
Sec. 220. Funds appropriated in part 1 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. 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.
Sec. 226. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 227. Within 14 days after the release of the executive
budget recommendation, the departments and agencies receiving
appropriations in part 1 shall 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, 2013 and
September 30, 2014.
Sec. 228. Not later than November 15, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the office of the state budget, the
chairpersons of the senate and house of representatives standing
committees on appropriations, and the senate and house fiscal
agencies.
Sec. 229. If the office of the auditor general has identified
an initiative or made a recommendation that is related to savings
and efficiencies in an audit report for an executive branch
department or agency, the department or agency shall report within
6 months of the release of the audit on their efforts and progress
made toward achieving the savings and efficiencies identified in
the audit report. The report shall be submitted to the chairs of
the senate and house of representatives standing committees on
appropriations, the chairs of the senate and house of
representatives standing committees with jurisdiction over matters
relating to the department that is audited, and the senate and
house fiscal agencies.
Sec. 231. (1) It is the intent of the legislature that
departments and agencies receiving appropriations in part 1
properly account for their spending and do not use FTE positions as
placeholders for spending in other parts of their budgets.
(2) The departments and agencies receiving appropriations
under part 1 shall provide a report to the legislature specifying
the number of filled, FTE positions in pay status in the
immediately preceding fiscal year by February 1. When reporting on
the number of filled, FTE positions in pay status, the department
or agency shall provide the maximum number of filled, FTE positions
in pay status by appropriation line item in the last pay period of
each quarter of the immediately preceding fiscal year. The report
shall also include a listing of all funded, FTE positions by
position title.
Sec. 233. In addition to the general fund/general purpose
appropriations for special maintenance, remodeling, and addition –
state facilities in part 1, there is also appropriated related
federal and state restricted funds up to the amounts that will be
earned based upon the initiatives undertaken with the funds in part
1. The state budget director shall determine and authorize the
appropriate manner for implementing this section.
Sec. 234. In addition to the general fund/general purpose
appropriations for enterprisewide information technology
investments in part 1, there is also appropriated related federal
and state restricted funds up to the amounts that will be earned
based upon the initiatives undertaken with the funds in part 1. The
state budget director shall determine and authorize the appropriate
manner for implementing this section.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $1,500,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 302. (1) The attorney general shall perform all legal
services, including representation before courts and administrative
agencies rendering legal opinions and providing legal advice to a
principal executive department or state agency. A principal
executive department or state agency shall not employ or enter into
a contract with any other person for services described in this
section.
(2) The attorney general shall defend judges of all state
courts if a claim is made or a civil action is commenced for
injuries to persons or property caused by the judge through the
performance of the judge's duties while acting within the scope of
his or her authority as a judge.
(3) The attorney general shall perform the duties specified in
1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to
14.102, and as otherwise provided by law.
Sec. 303. The attorney general may sell copies of the biennial
report in excess of the 350 copies that the attorney general may
distribute on a gratis basis. Gratis copies shall not be provided
to members of the legislature. Electronic copies of biennial
reports shall be made available on the department of attorney
general's website. The attorney general shall sell copies of the
report at not less than the actual cost of the report and shall
deposit the money received into the general fund.
Sec. 304. The department of attorney general is responsible
for the legal representation for state of Michigan state employee
worker's disability compensation cases. The risk management
revolving fund revenue appropriation in part 1 is to be satisfied
by billings from the department of attorney general for the actual
costs of legal representation, including salaries and support
costs.
Sec. 305. In addition to the funds appropriated in part 1, not
more than $400,000.00 shall be reimbursed per fiscal year for food
stamp fraud cases heard by the third circuit court of Wayne County
that were initiated by the department of attorney general pursuant
to the existing contract between the department of human services,
the prosecuting attorneys association of Michigan, and the
department of attorney general. The source of this funding is money
earned by the department of attorney general under the agreement
after the allowance for reimbursement to the department of attorney
general for costs associated with the prosecution of food stamp
fraud cases. It is recognized that the federal funds are earned by
the department of attorney general for its documented progress on
the prosecution of food stamp fraud cases according to the United
States department of agriculture regulations and that, once earned
by this state, the funds become state funds.
Sec. 306. Any proceeds from a lawsuit initiated by or
settlement agreement entered into on behalf of this state against a
manufacturer of tobacco products by the attorney general are state
funds and are subject to appropriation as provided by law.
Sec. 307. (1) In addition to the antitrust revenues in part 1,
antitrust, securities fraud, consumer protection or class action
enforcement revenues, or attorney fees recovered by the department,
not to exceed $250,000.00, are appropriated to the department for
antitrust, securities fraud, and consumer protection or class
action enforcement cases.
(2) Any unexpended funds from antitrust, securities fraud, or
consumer protection or class action enforcement revenues at the end
of the fiscal year, including antitrust funds in part 1, may be
carried forward for expenditure in the following fiscal year up to
the maximum authorization of $250,000.00.
Sec. 308. (1) In addition to the funds appropriated in part 1,
there is appropriated up to $500,000.00 from litigation expense
reimbursements awarded to the state.
(2) The funds may be expended for the payment of court
judgments 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 $614,400.00 on activities
related to the state correctional facility reimbursement act, 1935
PA 253, MCL 800.401 to 800.406. In addition to the funds
appropriated in part 1, if the department collects in excess of
$1,131,000.00 in gross annual prisoner reimbursement receipts
provided to the general fund, the excess, up to a maximum of
$1,000,000.00, is appropriated to the department of attorney
general and may be spent on the representation of the department of
corrections and its officers, employees, and agents, including, but
not limited to, the defense of litigation against the state, its
departments, officers, employees, or agents in civil actions filed
by prisoners.
Sec. 310. (1) For the purposes of providing title IV-D child
support enforcement funding, the department of human services, as
the state IV-D agency, shall maintain a cooperative agreement with
the attorney general for federal IV-D funding to support the child
support enforcement activities within the office of the attorney
general.
(2) The attorney general or his or her designee shall, to the
extent allowable under federal law, have access to any information
used by the state to locate parents who fail to pay court-ordered
child support.
Sec. 312. The department of attorney general shall not receive
and expend funds in addition to those authorized in part 1 for
legal services provided specifically to other state departments or
agencies except for costs for expert witnesses, court costs, or
other nonsalary litigation expenses associated with a pending legal
action.
DEPARTMENT OF CIVIL RIGHTS
Sec. 401. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $2,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $750,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 402. (1) In addition to the appropriations contained in
part 1, the department of civil rights may receive and expend funds
from local or private sources for all of the following purposes:
(a) Developing and presenting training for employers on equal
employment opportunity law and procedures.
(b) The publication and sale of civil rights related
informational material.
(c) The provision of copy material made available under
freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation
processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs
consistent with the programmatic mission of the individual unit
sponsoring or coordinating the programs.
(g) Staffing costs for all activities included in this
subsection.
(2) The department of civil rights shall annually report to
the state budget director, the senate and house of representatives
standing committees on appropriations, and the senate and house
fiscal agencies the amount of funds received and expended for
purposes authorized under this section.
Sec. 403. The department of civil rights may contract with
local units of government to review equal employment opportunity
compliance of potential contractors and may charge for and expend
amounts received from local units of government for the purpose of
developing and providing these contractual services.
Sec. 404. (1) The department of civil rights shall prepare and
transmit a detailed report that includes, but is not limited to,
the following information for the most recent fiscal year:
(a) A detailed description of the department operations.
(b) A detailed description of all subunits within the
department, including FTE positions associated with each subunit,
responsibilities of each subunit, and all revenues and expenditures
for each subunit.
(c) The number of complaints by type of complaint.
(d) The average cost of, and time expended, investigating
complaints.
(e) The percentage of complaints that are meritorious and
worthy of investigation or settlement and the percentage of
complaints that have no merit.
(f) A listing of amounts awarded to claimants.
(g) Expenditures associated with complaint investigation and
enforcement.
(h) A listing of complaint investigations closed per FTE
position for the past 5 years.
(2) The report required under subsection (1) shall be
transmitted not later than November 30 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. 405. The department of civil rights shall notify the
office of the state budget, senate and house of representatives
standing committees on appropriations, and senate and house fiscal
agencies prior to submitting a report or complaint to the United
States commission on civil rights or other federal departments.
LEGISLATURE
Sec. 600. The senate, the house of representatives, or an
agency within the legislative branch may receive, expend, and
transfer funds in addition to those authorized in part 1.
Sec. 601. (1) Funds appropriated in part 1 to an entity within
the legislative branch shall not be expended or transferred to
another account without written approval of the authorized agent of
the legislative entity. If the authorized agent of the legislative
entity notifies the state budget director of its approval of an
expenditure or transfer before the year-end book-closing date for
that legislative entity, the state budget director shall
immediately make the expenditure or transfer. The authorized
legislative entity agency shall be designated by the speaker of the
house of representatives for house entities, the senate majority
leader for senate entities, and the legislative council for
legislative council entities.
(2) Funds appropriated within the legislative branch, to a
legislative council component, shall not be expended by any agency
or other subgroup included in that component without the approval
of the legislative council.
Sec. 602. The senate may charge rent and assess charges for
utility costs. The amounts received for rent charges and utility
assessments are appropriated to the senate for the renovation,
operation, and maintenance of the Farnum building and other
properties.
Sec. 603. The appropriation contained in part 1 for national
association dues is to be distributed by the legislative council.
Sec. 604. (1) The appropriation in part 1 to the legislative
council includes funds to operate the legislative parking
facilities in the capitol area. The legislative council shall
establish rules regarding the operation of the legislative parking
facilities.
(2) The legislative council shall collect a fee from state
employees and the general public using certain legislative parking
facilities. The revenues received from the parking fees shall be
allocated by the legislative council.
Sec. 605. The appropriation in part 1 to the legislative
council for publication of the Michigan manual is a work project
account. The unexpended portion remaining on September 30 shall not
lapse and shall be carried forward into the subsequent fiscal year
for use in paying the associated biennial costs of publication of
the Michigan manual.
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,
2018.
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, 2018.
Sec. 608. In addition to funds appropriated in part 1, the
Michigan capitol committee publications save the flags fund account
may accept contributions, gifts, bequests, devises, grants, and
donations. Those funds that are not expended in the fiscal year
ending September 30 shall not lapse at the close of the fiscal
year, and shall be carried forward for expenditure in the following
fiscal years.
Sec. 609. (1) The office of the Michigan veterans' facility
ombudsman is created within the legislative council. The ombudsman
shall be appointed by and serve at the pleasure of the legislative
council.
(2) The legislative council shall establish procedures for
approving the budget of the office, for expending funds of the
office, and for the employment of personnel for the office.
(3) The purpose of the ombudsman is to conduct investigations,
when deemed necessary, upon his or her own initiative or upon
receipt of a complaint from a resident veteran, family member of a
resident veteran, or legislator who files a complaint concerning an
action, omission, decision, recommendation, practice, or other
procedure of the department of military and veterans affairs or a
condition existing at a Michigan veterans' facility that is alleged
to be contrary to law or departmental policy or that poses a
significant health or safety issue for which there is no effective
administrative remedy.
(4) Subject to approval of the legislative council, the
ombudsman shall establish procedures for receiving and processing
complaints, conducting investigations, holding hearings, and
reporting the findings resulting from the investigations.
(5) Upon request and without the requirement of any release,
the ombudsman shall be given access to all information, records,
and documents in the possession of the department of military and
veterans affairs or a Michigan veterans' facility that the
ombudsman deems necessary in an investigation.
(6) Upon request and without notice, the ombudsman shall be
granted entrance to inspect at any time any Michigan veterans'
facility.
(7) The ombudsman may hold informal hearings and may request
that any person appear before the ombudsman or at a hearing and
give testimony or produce documentary or other evidence that the
ombudsman deems relevant to an investigation.
(8) The ombudsman shall advise a complainant to pursue all
administrative remedies open to the complainant. The ombudsman may
request and shall receive from the department of military and
veterans affairs or from a Michigan veterans' facility a progress
report concerning the administrative processing of a complaint.
After administrative action on a complaint, the ombudsman may
conduct further investigation on the request of a complainant or on
his or her own initiative.
(9) The ombudsman is not required to conduct an investigation
on a complaint brought before the ombudsman. A complainant is not
entitled as a right to be heard by the ombudsman.
(10) Upon receiving a complaint and deciding to investigate
the complaint, the ombudsman shall notify the complainant, the
resident veteran or resident veterans affected, and the department
of military and veterans affairs. If the ombudsman declines to
investigate, the ombudsman shall notify the complainant, in
writing, and inform the resident veteran or veterans affected of
the reasons for the ombudsman's decision.
(11) Correspondence between the ombudsman and a complainant is
confidential and is privileged communication. A report prepared and
recommendations made by the ombudsman and submitted to the
legislative council are exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(12) The ombudsman shall prepare and submit a report of the
findings of an investigation and make recommendations to the
legislative council within 30 days after completing the
investigation if the ombudsman finds any of the following:
(a) A matter that should be considered by the department of
military and veterans affairs.
(b) An act that should be modified or canceled.
(c) A statute or rule that should be altered.
(d) Acts for which justification is necessary.
(e) Significant resident veteran health and safety issues as
determined by the council.
(f) Any other significant concerns as determined by the
council.
(13) Before announcing a conclusion or recommendation that
expressly or by implication criticizes a person or Michigan
veterans' facility or the department of military and veterans
affairs, the ombudsman shall consult with that person or facility
or the department of military and veterans affairs.
(14) The ombudsman may request to be notified by a person or
Michigan veterans' facility or the department of military and
veterans affairs, within a specified time, of any action taken on
any recommendation presented. The ombudsman shall notify the
complainant of the actions taken by the person, the facility, or
the department of military and veterans affairs.
(15) The ombudsman shall submit to the legislative council and
the legislature an annual report on the conduct of the office.
(16) A resident veteran shall not be penalized in any way by a
person or Michigan veterans' facility or the department of military
and veterans affairs as a result of filing a complaint, complaining
to a legislator, or cooperating with the ombudsman in investigating
a complaint. A person or facility or the department shall not
hinder the lawful actions of the ombudsman or employees of the
office or willfully refuse to comply with any lawful demand of the
office.
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. The auditor general shall take all reasonable steps
to lower printing and distribution costs for audit reports.
DEPARTMENT OF STATE
Sec. 701. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $2,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $7,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $50,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 703. From the funds appropriated in part 1, the
department of state shall sell copies of records including, but not
limited to, records of motor vehicles, off-road vehicles,
snowmobiles, watercraft, mobile homes, personal identification
cardholders, drivers, and boat operators and shall charge $8.00 per
record sold only as authorized in section 208b of the Michigan
vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222,
MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue
received from the sale of records shall be credited to the
transportation administration collection fund created under section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.
Sec. 704. From the funds appropriated in part 1, the secretary
of state may enter into agreements with the department of
corrections for the manufacture of vehicle registration plates 15
months before the registration year in which the registration
plates will be used.
Sec. 705. (1) The department of state may accept gifts,
donations, contributions, and grants of money and other property
from any private or public source to underwrite, in whole or in
part, the cost of a departmental publication that is prepared and
disseminated under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923. A private or public funding source may receive
written recognition in the publication and may furnish a traffic
safety message, subject to departmental approval, for inclusion in
the publication. The department may reject a gift, donation,
contribution, or grant. The department may furnish copies of a
publication underwritten, in whole or in part, by a private source
to the underwriter at no charge.
(2) The department of state may sell and accept paid
advertising for placement in a departmental publication that is
prepared and disseminated under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923. The department may charge and receive a
fee for any advertisement appearing in a departmental publication
and shall review and approve the content of each advertisement. The
department may refuse to accept advertising from any person or
organization. The department may furnish a reasonable number of
copies of a publication to an advertiser at no charge.
(3) Pending expenditure, the funds received under this section
shall be deposited in the Michigan department of state publications
fund created by section 211 of the Michigan vehicle code, 1949 PA
300, MCL 257.211. Funds given, donated, or contributed to the
department from a private source are appropriated and allocated for
the purpose for which the revenue is furnished. Funds granted to
the department from a public source are allocated and may be
expended upon receipt. The department shall not accept a gift,
donation, contribution, or grant if receipt is conditioned upon a
commitment of state funding at a future date. Revenue received from
the sale of advertising is appropriated and may be expended upon
receipt.
(4) Any unexpended revenues received under this section shall
be carried over into subsequent fiscal years and shall be available
for appropriation for the purposes described in this section.
(5) On March 1 of each year, the department of state shall
file a report with the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall include all of the
following information:
(a) The amount of gifts, contributions, donations, and grants
of money received by the department under this section for the
prior fiscal year.
(b) A listing of the expenditures made from the amounts
received by the department as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, or grant of
property other than funding received by the department under this
section for the prior year.
(d) The total revenue received from the sale of paid
advertising accepted under this section and a statement of the
total number of advertising transactions.
(6) In addition to copies delivered without charge as the
secretary of state considers necessary, the department of state may
sell copies of manuals and other publications regarding the sale,
ownership, or operation or regulation of motor vehicles, with
amendments, at prices to be established by the secretary of state.
As used in this subsection, the term "manuals and other
publications" includes videos and proprietary electronic
publications. All funds received from sales of these manuals and
other publications shall be credited to the Michigan department of
state publications fund.
Sec. 707. Funds collected by the department of state under
section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211,
are appropriated for all expenses necessary to provide for the
costs of the publication. Funds are allotted for expenditure when
they are received by the department of treasury and shall not lapse
to the general fund at the end of the fiscal year.
Sec. 708. From the funds appropriated in part 1, the
department of state shall use available balances at the end of the
state fiscal year to provide payment to the department of state
police in the amount of $332,000.00 for the services provided by
the traffic accident records program as first appropriated in 1990
PA 196 and 1990 PA 208.
Sec. 709. From the funds appropriated in part 1, the
department of state may restrict funds from miscellaneous revenue
to cover cash shortages created from normal branch office
operations. This amount shall not exceed $50,000.00 of the total
funds available in miscellaneous revenue.
Sec. 710. (1) Commemorative and specialty license plate fee
revenue collected by the department of state and deposited into the
transportation administration collection fund created by section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, is
authorized for expenditure up to the amount of revenue collected
but not to exceed the amount appropriated to the department of
state in part 1 to administer commemorative and specialty license
plate programs.
(2) Commemorative and specialty license plate fee revenue
collected by the department of state and deposited in the
transportation administration collection fund created by section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, in
addition to the amount appropriated in part 1 to the department of
state, shall remain in the transportation administration collection
fund created by section 810b of the Michigan vehicle code, 1949 PA
300, MCL 257.810b, and be available for future appropriation.
Sec. 711. Collector plate and fund-raising registration plate
revenues collected by the department of state are appropriated and
allotted for distribution to the recipient university or public or
private agency overseeing a state-sponsored goal when received.
Distributions shall occur on a quarterly basis or as otherwise
authorized by law. Any revenues remaining at the end of the fiscal
year shall not lapse to the general fund but shall remain available
for distribution to the university or agency in the next fiscal
year.
Sec. 712. The department of state may produce and sell copies
of a training video designed to inform registered automotive repair
facilities of their obligations under Michigan law. The price shall
not exceed the cost of production and distribution. The money
received from the sale of training videos shall revert to the
department of state and be placed in the auto repair facility
account.
Sec. 713. (1) The department of state, in collaboration with
the gift of life transplantation society or its successor federally
designated organ procurement organization, may develop and
administer a public information campaign concerning the Michigan
organ donor program.
(2) The department may solicit funds from any private or
public source to underwrite, in whole or in part, the public
information campaign authorized by this section. The department may
accept gifts, donations, contributions, and grants of money and
other property from private and public sources for this purpose. A
private or public funding source underwriting the public
information campaign, in whole or in substantial part, shall
receive sponsorship credit for its financial backing.
(3) Funds received under this section, including grants from
state and federal agencies, shall not lapse to the general fund at
the end of the fiscal year but shall remain available for
expenditure for the purposes described in this section.
(4) Funding appropriated in part 1 for the organ donor program
shall be used for producing a pamphlet to be distributed with
driver licenses and personal identification cards regarding organ
donations. The funds shall be used to update and print a pamphlet
that will explain the organ donor program and encourage people to
become donors by marking a checkoff on driver license and personal
identification card applications.
(5) The pamphlet shall include a return reply form addressed
to the gift of life organization. Funding appropriated in part 1
for the organ donor program shall be used to pay for return postage
costs.
(6) In addition to the appropriations in part 1, the
department of state may receive and expend funds from the organ and
tissue donation education fund for administrative expenses.
Sec. 714. 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. 716. 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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $8,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $150,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 802. Proceeds in excess of necessary costs incurred in
the conduct of transfers or auctions of state surplus, salvage, or
scrap property made pursuant to section 267 of the management and
budget act, 1984 PA 431, MCL 18.1267, are appropriated to the
department of technology, management, and budget to offset costs
incurred in the acquisition and distribution of federal surplus
property. The department of technology, management, and budget
shall provide consolidated Internet auction services through the
state's contractors for all local units of government.
Sec. 803. (1) The department of technology, management, and
budget may receive and expend funds in addition to those authorized
by part 1 for maintenance and operation services provided
specifically to other principal executive departments or state
agencies, the legislative branch, the judicial branch, or private
tenants, or provided in connection with facilities transferred to
the operational jurisdiction of the department of technology,
management, and budget.
(2) The department of technology, management, and budget may
receive and expend funds in addition to those authorized by part 1
for real estate, architectural, design, and engineering services
provided specifically to other principal executive departments or
state agencies, the legislative branch, or the judicial branch.
(3) The department of technology, management, and budget may
receive and expend funds in addition to those authorized in part 1
for mail pickup and delivery services provided specifically to
other principal executive departments and state agencies, the
legislative branch, or the judicial branch.
(4) The department of technology, management, and budget may
receive and expend funds in addition to those authorized in part 1
for purchasing services provided specifically to other principal
executive departments and state agencies, the legislative branch,
or the judicial branch.
(5) The department of technology, management, and budget shall
develop a plan regarding a statewide state-owned inventory
management system. The plan shall be distributed to the senate and
house of representatives standing committees on appropriations
subcommittees on general government, as well as the senate and
house fiscal agencies, by February 1. The plan shall include, but
not be limited to, all of the following:
(a) A listing of all current state-owned inventory management
systems.
(b) A listing of the necessary steps the department must take
in order to implement a statewide state-owned inventory management
system that will provide for an accurate accounting of all state-
owned inventory.
(c) A cost estimate for implementing a statewide state-owned
inventory management system.
Sec. 804. (1) The source of financing in part 1 for statewide
appropriations shall be funded by assessments against longevity and
insurance appropriations throughout state government in a manner
prescribed by the department of technology, management, and budget.
Funds shall be used as specified in joint labor/management
agreements or through the coordinated compensation hearings
process. Any deposits made under this subsection and any
unencumbered funds are restricted revenues, may be carried over
into the succeeding fiscal years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for
statewide appropriations, the department of technology, management,
and budget may receive and expend funds in such additional amounts
as may be specified in joint labor/management agreements or through
the coordinated compensation hearings process in the same manner
and subject to the same conditions as prescribed in subsection (1).
Sec. 805. To the extent a specific appropriation is required
for a detailed source of financing included in part 1 for the
department of technology, management, and budget appropriations
financed from special revenue and internal service and pension
trust funds, or MAIN user charges, the specific amounts are
appropriated within the special revenue internal service and
pension trust funds in portions not to exceed the aggregate amount
appropriated in part 1.
Sec. 806. In addition to the funds appropriated in part 1 to
the department of technology, management, and budget, the
department may receive and expend funds from other principal
executive departments and state agencies to implement
administrative leave bank transfer provisions as may be specified
in joint labor/management agreements. The amounts may also be
transferred to other principal executive departments and state
agencies under the joint agreement and any amounts transferred
under the joint agreement are authorized for receipt and
expenditure by the receiving principal executive department or
state agency. Any amounts received by the department of technology,
management, and budget under this section and intended, under the
joint labor/management agreements, to be available for use beyond
the close of the fiscal year and any unencumbered funds may be
carried over into the succeeding fiscal year.
Sec. 807. The source of financing in part 1 for the Michigan
administrative information network shall be funded by proportionate
charges assessed against the respective state funds benefiting from
this project in the amounts determined by the department.
Sec. 808. (1) Deposits against the interdepartmental grant
from building occupancy and parking charges appropriated in part 1
shall be collected, in part, from state agencies, the legislative
branch, and the judicial branch based on estimated costs associated
with maintenance and operation of buildings managed by the
department of technology, management, and budget. To the extent
excess revenues are collected due to estimates of building
occupancy charges exceeding actual costs, the excess revenues may
be carried forward into succeeding fiscal years for the purpose of
returning funds to state agencies.
(2) Appropriations in part 1 to the department of technology,
management, and budget, for management and budget services from
building occupancy charges and parking charges, may be increased to
return excess revenue collected to state agencies.
Sec. 809. The department of technology, management, and budget
shall notify the chairpersons of the senate and house of
representatives standing committees on appropriations and the
chairpersons of the senate and house of representatives standing
committees on appropriations subcommittees on general government on
any revisions that increase or decrease current contracts by more
than $500,000.00 for computer software development, hardware
acquisition, or quality assurance at least 14 days before the
department of technology, management, and budget finalizes the
revisions.
Sec. 810. The department of technology, management, and budget
shall maintain an Internet website that contains notice of all
invitations for bids and requests for proposals over $50,000.00
issued by the department or by any state agency operating under
delegated authority. The department shall not accept an invitation
for bid or request for proposal in less than 14 days after the
notice is made available on the Internet website, except in
situations where it would be in the best interest of the state and
documented by the department. In addition to the requirements of
this section, the department may advertise the invitations for bids
and requests for proposals in any manner the department determines
appropriate, in order to give the greatest number of individuals
and businesses the opportunity to make bids or requests for
proposals.
Sec. 811. The department of technology, management, and budget
may receive and expend funds from the Vietnam veterans memorial
monument fund as provided in the Michigan Vietnam veterans memorial
act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated
and allocated when received and may be expended upon receipt.
Sec. 812. The Michigan veterans' memorial park commission may
receive and expend money from any source, public or private,
including, but not limited to, gifts, grants, donations of money,
and government appropriations, for the purposes described in
Executive Order No. 2001-10. Funds are appropriated and allocated
when received and may be expended upon receipt. Any deposits made
under this section and unencumbered funds are restricted revenues
and may be carried over into succeeding fiscal years.
Sec. 813. (1) Funds in part 1 for motor vehicle fleet are
appropriated to the department of technology, management, and
budget for administration and for the acquisition, lease,
operation, maintenance, repair, replacement, and disposal of state
motor vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall
be funded by revenue from rates charged to principal executive
departments and agencies for utilizing vehicle travel services
provided by the department. Revenue in excess of the amount
appropriated in part 1 from the motor transport fund and any
unencumbered funds are restricted revenues and may be carried over
into the succeeding fiscal year.
(3) Pursuant to the department of technology, management, and
budget's authority under sections 213 and 215 of the management and
budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department
shall maintain a plan regarding the operation of the motor vehicle
fleet. The plan shall include the number of vehicles assigned to,
or authorized for use by, state departments and agencies, efforts
to reduce travel expenditures, the number of cars in the motor
vehicle fleet, the number of miles driven by fleet vehicles, and
the number of gallons of fuel consumed by fleet vehicles. The plan
shall include a calculation of the amount of state motor vehicle
fuel taxes that would have been incurred by fleet vehicles if fleet
vehicles were required by law to pay motor fuel taxes. The plan
shall include a description of fleet garage operations, the goods
sold and services provided by the fleet garage, the cost to operate
the fleet garage, the number of fleet garage locations, and the
number of employees assigned to each fleet garage. The plan may be
adjusted during the fiscal year based on needs and cost savings to
achieve the maximum value and efficiency from the state motor
fleet. Within 60 days after the close of the fiscal year, the
department shall provide a report to the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies detailing the current plan and
changes made to the plan during the fiscal year.
(4) The department of technology, management, and budget may
charge state agencies for fuel cost increases that exceed $3.04 per
gallon of unleaded gasoline. The department shall notify state
agencies, in writing or by electronic mail, at least 30 days before
implementing additional charges for fuel cost increases. Revenues
received from these charges are appropriated upon receipt.
(5) In order to reduce costs and maintain quality, it is the
intent of the legislature that, excluding the fleet of motor
vehicles for the department of state police, when economically
feasible, the department of technology, management, and budget will
prioritize the utilization of remanufactured parts as the primary
means of maintenance and repair for the state of Michigan's fleet
of motor vehicles.
Sec. 814. The department of technology, management, and budget
shall develop a plan regarding the use of the funds appropriated in
part 1 for the enterprisewide information technology investments.
The plan shall include, but not be limited to, a description of
proposed information technology investments, the time frame for
completion of the information technology investments, the proposed
cost of the information technology investments, the number of
employees assigned to implement each information technology
investment, the contracts entered into for each information
technology investment, and any other information the department
deems necessary. The plan shall be distributed to the senate and
house of representatives standing committees on appropriations
subcommittees on general government, as well as the senate and
house fiscal agencies, by February 1.
Sec. 815. (1) The department of technology, management, and
budget shall review all construction, renovation, addition, and
special maintenance projects for state facilities which exceed
$100,000.00 for inclusion in an energy savings performance contract
pursuant to the cost-effective governmental energy use act, 2012 PA
625, MCL 18.1711 to 18.1725.
(2) No later than February 15, the department of technology,
management, and budget shall submit a report to the senate and
house appropriations subcommittees on general government and the
senate and house fiscal agencies providing the following
information:
(a) A list of each construction, renovation, addition, and
special maintenance project for state facilities which was included
in an energy savings performance contract and the qualified energy
service provider with which each energy savings performance
contract was entered into.
(b) The estimated cost savings resultant from the inclusion of
construction, renovation, addition, and special maintenance
projects for state facilities included in energy savings
performance contracts.
(c) the contract costs of including construction, renovation,
addition, and special maintenance projects for state facilities
included in energy savings performance contracts.
Sec. 816. A request for proposal (RFP) issued for the purpose
of privatization shall include all factors used in evaluating and
determining price.
Sec. 817. It is the intent of the legislature that the
department of technology, management, and budget, to the extent
that such services are required, shall utilize call or contact
center services provided by Michigan-based businesses, if they are
competitively priced and of comparable quality, and that the
department of technology, management, and budget shall require that
any vendor or subcontractor providing call or contact center
services to the state of Michigan disclose to inbound callers the
state 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
House Bill No. 4328 (H-1) as amended April 23, 2013
available for purchase. The list shall be posted on the Internet
through the department's website.
Sec. 821. The department of technology, management, and budget
shall develop a plan regarding the office space consolidation
project, including the use of the funds appropriated pursuant to
2012 PA 200 for the space consolidation fund. The plan shall
include, but not be limited to, the description of the proposed
office space to be consolidated, the time frame for completion of
the office space consolidation, the proposed itemized cost of the
office space consolidation, the number of employees assigned to
implement the office space consolidation, the contracts entered
into for the office space consolidation, and any other information
the department deems necessary. The plan shall be updated and
distributed quarterly to the senate and house of representatives
standing committees on appropriations subcommittees on general
government, as well as the senate and house fiscal agencies.
Sec. 822. The department of technology, management, and budget
shall compile a report by January 1 pertaining to the salaries of
unclassified employees, as well as gubernatorial appointees, within
all state departments and agencies. The report shall enumerate each
unclassified employee and gubernatorial appointee and his or her
annual salary individually. The report shall be distributed to the
chairs of the senate and house of representatives standing
committees on appropriations subcommittees on general government,
as well as the senate and house fiscal agencies.
[Sec. 822a. (1) Prior to the commencement of the Delta County bridge removal project appropriated for in part 1, the department of technology, management, and budget shall submit a report to the house and senate appropriations subcommittees and the house and senate fiscal agencies including a detailed plan of work and anticipated expenditures pertaining to the Delta County bridge removal project appropriated for in part 1.
(2) Within 30 days subsequent to the completion of the Delta County bridge removal project appropriated for in part 1, the department of technology, management, and budget shall submit a report to the house and senate appropriations subcommittees and the house and senate fiscal agencies including a summary of the work completed, total funds expended, and remaining funds unexpended, if any.]
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) Cyber security.
(d) Social media.
(e) Mainframe computer support and management.
(f) Server support and management.
(g) Local area network support and management, including, but
not limited to, wired and wireless network buildout, support, and
management.
(h) Information technology project management.
(i) Information technology planning and budget management.
(j) Telecommunication services, infrastructure, and support.
Sec. 827. (1) Funds appropriated in part 1 for the Michigan
public safety communications system shall be expended upon approval
of an expenditure plan by the state budget director.
(2) The department of technology, management, and budget shall
assess all subscribers of the Michigan public safety communications
system reasonable access and maintenance fees.
(3) All money received by the department of technology,
management, and budget under this section shall be expended for the
support and maintenance of the Michigan public safety
communications system.
(4) The department of technology, management, and budget shall
provide a report to the senate and house of representatives
standing committees on appropriations, the senate and house fiscal
agencies, and the state budget director on April 15 and on October
15, indicating the amount of revenue collected under this section
and expended for support and maintenance of the Michigan public
safety communications system for the immediately preceding 6-month
period. Any deposits made under this section and unencumbered funds
are restricted revenues and shall be carried forward into
succeeding fiscal years.
Sec. 828. The department of technology, management, and budget
shall submit a report for the immediately preceding fiscal year
ending September 30 to the senate and house of representatives
standing committees on appropriations subcommittees on general
government and the senate and house fiscal agencies by March 1. The
report shall include the following:
(a) The total amount of funding appropriated for information
technology services and projects, by funding source, for all
principal executive departments and agencies.
(b) A listing of the expenditures made from the amounts
received by the department of technology, management, and budget as
reported in subdivision (a).
Sec. 829. The department of technology, management, and budget
shall provide a report that analyzes and makes recommendations on
the life-cycle of information technology hardware and software. The
report shall be submitted to the senate and house of
representatives standing committees on appropriations subcommittees
on general government and the senate and house fiscal agencies by
March 1.
Sec. 830. By December 31, the department shall provide a
report that lists all information technology-related change orders
and follow-on contracts, greater than $50,000.00, whether they are
bid, exercise options, or no-bid, and the amount of each change
order or contract extension contract entered into by the department
to the senate and house of representatives standing committees on
appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget director.
Sec. 831. (1) The information, communications, and technology
innovation fund, established pursuant to 2011 PA 63 and 2012 PA
200, shall be administered by the department of technology,
management, and budget for the purpose of providing a revolving,
self-sustaining resource for financing information, communications,
and technology innovation projects. From the funds appropriated to
the information, communications, and technology innovation fund by
2011 PA 63 and 2012 PA 200, or received by the information,
communications, and technology innovation fund under subsections
(2) and (3), the department of technology, management, and budget
may issue loans to state agencies, local units of government,
colleges and universities in this state, school districts, other
public entities that provide public sector services, and nonprofit
organizations that provide public sector services, as determined by
the department of technology, management, and budget in support of
information, communications, and technology innovation projects.
(2) In addition to funds appropriated by 2011 PA 63 and 2012
PA 200, the information, communications, and technology innovation
fund may accept contributions, gifts, bequests, devises, grants,
and donations.
(3) In addition to the funds appropriated by 2011 PA 63 and
2012 PA 200, money received by the department of technology,
management, and budget as repayment of information, communications,
and technology innovation project loans, or other reimbursement or
revenue received by the department of technology, management, and
budget as a result of information, communications, and technology
innovation project loans, interest earned on that money, or
subsection (2) revenue, shall be deposited in the information,
communications, and technology innovation fund and is appropriated
for information, communications, and technology innovation fund
projects described in subsection (1). At the close of the fiscal
year, any unencumbered funds remaining in the information,
communications, and technology innovation fund shall remain in the
fund and be carried forward into the succeeding fiscal year.
Sec. 832. (1) The department of technology, management, and
budget shall inform the senate and house appropriations
subcommittees on general government and the senate and house fiscal
agencies within 30 days of any potential or actual penalties
assessed by the federal government for failure of the Michigan
child support enforcement system to achieve certification by the
federal government.
(2) If potential penalties are assessed by the federal
government, the department of technology, management, and budget
shall submit a report to the senate and house appropriations
subcommittees on general government and the senate and house fiscal
agencies within 90 days specifying the department's plans to avoid
actual penalties and ensure federal certification of the Michigan
child support enforcement system.
Sec. 833. (1) The state budget director, upon notification to
the senate and house of representatives standing committees on
appropriations, may adjust spending authorization and user fees in
the department of technology, management, and budget budget in
order to ensure that the appropriations for information technology
in the department budget equal the appropriations for information
technology in the budgets for all executive branch agencies.
(2) If during the course of the fiscal year a transfer or
supplemental to or from the information technology line item within
an agency budget is made under section 393 of the management and
budget act, 1984 PA 431, MCL 18.1393, there is appropriated an
equal amount of user fees in the department of technology,
management, and budget budget to accommodate an increase or
decrease in spending authorization.
Sec. 834. (1) Revenue collected from licenses issued under the
antenna site management project shall be deposited into the antenna
site management revolving fund created for this purpose in the
department of technology, management, and budget. The department
may receive and expend money from the fund for costs associated
with the antenna site management project, including the cost of a
third-party site manager. Any excess revenue remaining in the fund
at the close of the fiscal year shall be proportionately
transferred to the appropriate state restricted funds as designated
in statute or by constitution.
(2) An antenna shall not be placed on any site pursuant to
this section without complying with the respective local zoning
codes and local unit of government processes.
Sec. 835. In addition to the funds appropriated in part 1, the
funds collected by the department for supplying census-related
information and technical services, publications, statistical
studies, population projections and estimates, and other
demographic products are appropriated for all expenses necessary to
provide the required services. These funds are available for
expenditure when they are received and may be carried forward into
the next succeeding fiscal year.
STATE BUILDING AUTHORITY
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 appropriation that is effective for the fiscal year
ending September 30, 2013. Any general fund advances for which
state building authority bonds have not been issued shall bear an
interest cost to the state building authority at a rate not to
exceed that earned by the state treasurer's common cash fund during
the period in which the advances are outstanding and are repaid to
the general fund of the state.
(2) Upon sale of bonds or notes for the projects identified in
part 1 or for equipment as authorized by a legislative
appropriation and in this section, the state building authority
shall credit the general fund of the state an amount equal to that
expended from the general fund plus interest, if any, as defined in
this section.
(3) For state building authority projects for which bonds or
notes have been issued and upon the request of the state building
authority, the state treasurer shall make advances without interest
from the general fund as necessary to meet cash flow requirements
for the projects, which advances shall be reimbursed by the state
building authority when the investments earmarked for the financing
of the projects mature.
(4) In the event that a project identified in part 1 is
terminated after final design is complete, advances made on behalf
of the state building authority for the costs of final design shall
be repaid to the general fund in a manner recommended by the
director.
Sec. 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 preceding fiscal year. This
includes, but is not limited to, restricted funds appropriated in
part 1 of any appropriations act. Unexpended 1% appropriated funds
shall be returned to each 1% fund source at the end of the fiscal
year.
(2) The appropriations in part 1 are estimates of actual
charges based on payroll appropriations. With the approval of the
state budget director, the commission is authorized to adjust
financing sources for civil service charges based on actual payroll
expenditures, provided that such adjustments do not increase the
total appropriation for the civil service commission.
(3) The financing from restricted sources shall be credited to
the civil service commission by the end of the second fiscal
quarter.
Sec. 851. Except where specifically appropriated for this
purpose, financing from restricted sources shall be credited to the
civil service commission. For restricted sources of funding within
the general fund that have the legislative authority for carryover,
if current spending authorization or revenues are insufficient to
accept the charge, the shortage shall be taken from carryforward
balances of that funding source. Restricted revenue sources that do
not have carryforward authority shall be utilized to satisfy
commission operating deducts first and civil service obligations
second. General fund dollars are appropriated for any shortfall,
pursuant to approval by the state budget director.
Sec. 852. The appropriation in part 1 to the civil service
commission, for state-sponsored group insurance, flexible spending
accounts, and COBRA, represents amounts, in part, included within
the various appropriations throughout state government for the
current fiscal year to fund the flexible spending account program
included within the civil service commission. Deposits against
state-sponsored group insurance, flexible spending accounts, and
COBRA for the flexible spending account program shall be made from
assessments levied during the current fiscal year in a manner
prescribed by the civil service commission. Unspent employee
contributions to the flexible spending accounts may be used to
offset administrative costs for the flexible spending account
program, with any remaining balance of unspent employee
contributions to be lapsed to the general fund.
CAPITAL OUTLAY
Sec. 860. As used in sections 861 through 865:
(a) "Board" means the state administrative board.
(b) "Community college" does not include a state agency or
university.
(c) "Department" means the department of technology,
management, and budget.
(d) "Director" means the director of the department of
technology, management, and budget.
(e) "Fiscal agencies" means the senate fiscal agency and the
house fiscal agency.
(f) "State agency" means an agency of state government. State
agency does not include a community college or university.
(g) "State building authority" means the authority created
under 1964 PA 183, MCL 830.411 to 830.425.
(h) "University" means a 4-year university supported by the
state. University does not include a community college or a state
agency.
Sec. 861. Each capital outlay project authorized in this
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. 864. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
Sec. 865. (1) A site preparation economic development fund is
created in the department. As used in this section, "economic
development sites" means those state-owned sites declared as
surplus property pursuant to section 251 of the management and
budget act, 1984 PA 431, MCL 18.1251, that would provide economic
benefit to the area or to the state. The Michigan economic
development corporation board and the state budget director shall
determine whether or not a specific state-owned site qualifies for
inclusion in the fund created under this subsection.
(2) Proceeds from the sale of any sites designated in
subsection (1) shall be deposited into the fund created in
subsection (1) and shall be available for site preparation
expenditures, unless otherwise provided by law. The economic
development sites authorized in subsection (1) are authorized for
sale consistent with state law. Expenditures from the fund are
authorized for site preparation activities that enhance the
marketable sale value of the sites. Site preparation activities
include, but are not limited to, demolition, environmental studies
and abatement, utility enhancement, and site excavation.
(3) A cash advance in an amount of not more than
$25,000,000.00 is authorized from the general fund to the site
preparation economic development fund.
(4) An annual report shall be transmitted to the senate and
house of representatives standing committees on appropriations not
later than December 31 of each year. This report shall detail both
of the following:
(a) The revenue and expenditure activity in the fund for the
preceding fiscal year.
(b) The sites identified as economic development sites under
subsection (1).
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 873. (1) This section applies only to projects for
community colleges.
(2) State support is directed towards the remodeling and
additions, special maintenance, or construction of certain
community college buildings. The community college shall obtain or
provide for site acquisition and initial main utility installation
to operate the facility. Funding shall be composed of local and
state shares and not more than 50% of a capital outlay project, not
including a lump-sum special maintenance project or remodeling and
addition project, for a community college shall be appropriated
from state and federal funds, unless otherwise appropriated by the
legislature.
(3) An expenditure under this 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 part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 902. (1) Amounts needed to pay for interest, fees,
principal, mandatory and optional redemptions, arbitrage rebates as
required by federal law, and costs associated with the payment,
registration, trustee services, credit enhancements, and issuing
costs in excess of the amount appropriated to the department of
treasury in part 1 for debt service on notes and bonds that are
issued by the state under sections 14, 15, and 16 of article IX of
the state constitution of 1963 as implemented by 1967 PA 266, MCL
17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated an
amount for fiscal year cash-flow borrowing costs to pay for
interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to
12.53.
(3) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated all
repayments received by the state on loans made from the school bond
loan fund not required to be deposited in the school loan revolving
fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to
the extent determined by the state treasurer, for the payment of
debt service, including, without limitation, optional and mandatory
redemptions, on bonds, notes or commercial paper issued by the
state pursuant to 1961 PA 112, MCL 388.981 to 388.985.
Sec. 902a. The department of treasury shall notify the senate
and house of representatives standing committees on appropriations,
the senate and house fiscal agencies, and the state budget office
not more than 30 days after a refunding or restructuring bond issue
is sold. The notification shall compare the annual debt service
prior to the refinancing or restructuring, the annual debt service
after the refinancing or restructuring, the change in the principal
and interest over the duration of the debt, and the projected
change in the present value of the debt service due to the
refinancing and restructuring.
Sec. 903. (1) From the funds appropriated in part 1, the
department of treasury may contract with private collection
agencies and law firms to collect taxes and other accounts due this
state. In addition to the amounts appropriated in part 1 to the
department of treasury, there are appropriated amounts necessary to
fund collection costs and fees not to exceed 25% of the collections
or 2.5% plus operating costs, whichever amount is prescribed by
each contract. The appropriation to fund collection costs and fees
for the collection of taxes or other accounts due this state are
from the fund or account to which the revenues being collected are
recorded or dedicated. However, if the taxes collected are
constitutionally dedicated for a specific purpose, the
appropriation of collection costs and fees are from the general
purpose account of the general fund.
(2) From the funds appropriated in part 1, the department of
treasury may contract with private collections agencies and law
firms to collect defaulted student loans and other accounts due the
Michigan guaranty agency. In addition to the amounts appropriated
in part 1 to the department of treasury, there are appropriated
amounts necessary to fund collection costs and fees not to exceed
24.34% of the collection or a lesser amount as prescribed by the
contract. The appropriation to fund collection costs and fees for
the auditing and collection of defaulted student loans due the
Michigan guaranty agency is from the fund or account to which the
revenues being collected are recorded or dedicated.
(3) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the agencies or law firms employed, the amount of
collections for each, the costs of collection, and other pertinent
information relating to determining whether this authority should
be continued.
Sec. 904. (1) The department of treasury, through its bureau
of investments, may charge an investment service fee against the
applicable retirement funds. The fees may be expended for necessary
salaries, wages, contractual services, supplies, materials,
equipment, travel, worker's compensation insurance premiums, and
grants to the civil service commission and state employees'
retirement funds. Service fees shall not exceed the aggregate
amount appropriated in part 1. The department of treasury shall
maintain accounting records in sufficient detail to enable the
retirement funds to be reimbursed periodically for fee revenue that
is determined by the department of treasury to be surplus.
(2) In addition to the funds appropriated in part 1 from the
retirement funds to the department of treasury, there is
appropriated from retirement funds an amount sufficient to pay for
the services of money managers, investment advisors, investment
consultants, custodians, and other outside professionals, the state
treasurer considers necessary to prudently manage the retirement
funds' investment portfolios. The state treasurer shall report
annually to the senate and house of representatives standing
committees on appropriations and the state budget office concerning
the performance of each portfolio by investment advisor.
Sec. 904a. (1) There is appropriated an amount sufficient to
recognize and pay expenditures for financial services provided by
financial institutions as provided under section 1 of 1861 PA 111,
MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by
restricting revenues from common cash interest earnings and
investment earnings in an amount sufficient to record these
expenditures.
Sec. 905. A revolving fund known as the municipal finance fee
fund is created in the department of treasury. Fees are established
under the revised municipal finance act, 2001 PA 34, MCL 141.2101
to 141.2821, and the fees collected shall be credited to the
municipal finance fee fund and may be carried forward for future
appropriation.
Sec. 906. (1) The department of treasury shall charge for
audits as permitted by state or federal law or under contractual
arrangements with local units of government, other principal
executive departments, or state agencies. A report detailing audits
performed and audit charges for the immediately preceding fiscal
year shall be submitted to the state budget director and the senate
and house fiscal agencies not later than November 30.
(2) A revolving fund known as the audit charges fund is
created in the department of treasury. The contractual charges
collected shall be credited to the audit charges fund and may be
carried forward for future appropriation.
Sec. 907. A revolving fund known as the assessor certification
and training fund is created in the department of treasury. The
assessor certification and training fund shall be used to organize
and operate a property assessor certification and training program.
Each participant certified and trained shall pay to the department
of treasury 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 2012. 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. 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 subsection (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 $287,300.00.
(d) The tentative completion date is September 30, 2015.
Sec. 927. The department of treasury shall submit annual
progress reports to the senate and house of representatives
standing committees on appropriations subcommittees on general
government and the senate and house fiscal agencies, regarding
personal property tax audits. The report shall include the number
of audits, revenue generated, and number of complaints received by
the department related to the audits.
Sec. 928. The department of treasury may provide receipt,
warrant and cash processing, data, collection, investment, fiscal
agent, levy and warrant cost assessment, writ of garnishment, and
other user services on a contractual basis for other principal
executive departments and state agencies. Funds for the services
provided are appropriated and shall be expended for salaries and
wages, fees, supplies, and equipment necessary to provide the
services. Any unobligated balance of the funds received shall
revert to the general fund of this state as of September 30.
Sec. 930. (1) The department of treasury shall provide
accounts receivable collections services to other principal
executive departments and state agencies under 1927 PA 375, MCL
14.131 to 14.134. The department of treasury shall deduct a fee
equal to the cost of collections from all receipts except
unrestricted general fund collections. Fees shall be credited to a
restricted revenue account and appropriated to the department of
treasury to pay for the cost of collections. The department of
treasury shall maintain accounting records in sufficient detail to
enable the respective accounts to be reimbursed periodically for
fees deducted that are determined by the department of treasury to
be surplus to the actual cost of collections.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than November 30
stating the principal executive departments and state agencies
served, funds collected, and costs of collection under subsection
(1).
Sec. 931. (1) The appropriation in part 1 to the department of
treasury for treasury fees shall be assessed against all restricted
funds that receive common cash earnings or other investment income.
Treasury fees include all costs, including administrative overhead,
relating to the investment of each restricted fund. The fee
assessed against each restricted fund will be based on the size of
the restricted fund (the absolute value of the average daily cash
balance plus the market value of investments in the prior fiscal
year) and the level of effort necessary to maintain the restricted
fund as required by each department. The department of treasury
shall provide a report to the state budget director, the senate and
house of representatives standing committees on appropriations
subcommittees on general government, and the senate and house
fiscal agencies by November 30 of each year identifying the fees
assessed against each restricted fund and the methodology used for
assessment.
(2) In addition to the funds appropriated in part 1, the
department of treasury may receive and expend investment fees
relating to new restricted funding sources that participate in
common cash earnings or other investment income during the current
fiscal year. When a new restricted fund is created starting on or
after October 1, that restricted fund shall be assessed a fee using
the same criteria identified in subsection (1).
Sec. 932. Revenue received under the Michigan education trust
act, 1986 PA 316, MCL 390.1421 to 390.1442, may be expended by the
board of directors of the Michigan education trust for necessary
salaries, wages, supplies, contractual services, equipment,
worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement fund.
Sec. 934. (1) The department of treasury may expend revenues
received under the hospital finance authority act, 1969 PA 38, MCL
331.31 to 331.84, the shared credit rating act, 1985 PA 227, MCL
141.1051 to 141.1076, the higher education facilities authority
act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public
educational facilities authority, Executive Reorganization Order
No. 2002-3, MCL 12.192, the Michigan tobacco settlement finance
authority act, 2005 PA 226, MCL 129.261 to 129.279, the land bank
fast track act, 2003 PA 258, MCL 124.751 to 124.774, part 505 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.50501 to 324.50522, the state housing development
authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and
the Michigan finance authority, Executive Reorganization Order No.
2010-2, MCL 12.194, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance
premiums, grants to the civil service commission and state
employees' retirement fund, and other expenses as allowed under
those acts.
(2) The department of treasury shall report by January 31 to
the senate and house appropriations subcommittees, the senate and
house fiscal agencies, and the state budget director on the amount
and purpose of expenditures made under subsection (1) from funds
received in addition to those appropriated in part 1. The report
also shall include a listing of reimbursement of revenue, if any.
The report shall cover the 2012-2013 fiscal year.
Sec. 935. The funds appropriated in part 1 for dual enrollment
payments for an eligible student enrolled in a state approved
nonpublic school shall be distributed as provided under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to
388.524, and the career and technical preparation act, 2000 PA 258,
MCL 388.1901 to 388.1913, in a form and manner as determined by the
department of treasury.
Sec. 944. If the department hires a pension plan consultant
using any of the funds appropriated in part 1, the department shall
annually forward any report provided to the department by that
consultant to the senate and house of representatives standing
committees on appropriations subcommittees on general government,
the senate and house fiscal agencies, and the state budget
director.
Sec. 945. The assessment and certification division of the
department of treasury shall conduct a review of local unit
assessment administration practices, procedures, and records, also
known as the 14-point review, in at least 1 assessment jurisdiction
per county.
REVENUE SHARING
Sec. 950. The funds appropriated in part 1 for constitutional
revenue sharing shall be distributed by the department to cities,
villages, and townships, as required under section 10 of article IX
of the state constitution of 1963. Revenue collected in accordance
with section 10 of article IX of the state constitution of 1963 in
excess of the amount appropriated in part 1 for constitutional
revenue sharing is appropriated for distribution to cities,
villages, and townships, on a population basis as required under
section 10 of article IX of the state constitution of 1963.
Sec. 951. (1) The funds appropriated in part 1 for the
competitive grant assistance program are to be used for assistance
grants to cities, villages, townships, counties, school districts,
intermediate school districts, community colleges, and universities
to offset the costs associated with mergers, interlocal agreements,
and cooperative efforts for those cities, villages, townships,
counties, school districts, intermediate school districts,
community colleges, and universities that elect to combine
government operations. For a school district, intermediate school
district, community college, or university to qualify for grant
funding under this section, the school district, intermediate
school district, community college, or university district must
combine operations with a city, village, township, or county.
However, a city, village, township, county, school district,
intermediate school district, community college, or university is
not eligible to receive funding under this section if the city,
village, township, county, school district, intermediate school
district, community college, or university receives a grant from
the competitive grant assistance program under the state school aid
act, 1979 PA 94, MCL 388.1601 to 388.1896. The department of
treasury shall develop an application process and method of grant
distribution.
(2) The unexpended funds appropriated in part 1 for the
competitive grant assistance program, economic vitality incentive
program, and the county incentive program are designated as work
project appropriations and any unencumbered or unallotted funds
shall not lapse at the end of the fiscal year and shall be
available for expenditure for projects under this section until the
projects have been completed. The following is in compliance with
section 451a of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the projects is to provide incentive-based
grants to recipients under this section.
(b) The projects will be accomplished by grants to qualified
governmental units.
(c) The total estimated cost of all projects is
$268,120,000.00.
(d) The tentative completion date is September 30, 2018.
Sec. 952. (1) The funds appropriated in part 1 for the
economic vitality incentive program are to be used for grants to
cities, villages, and townships such that, subject to fulfilling
the requirements under subsection (3), (4), or (5), or any
combination of those subsections, each city, village, or township
that received a payment under section 950(2) of 2009 PA 128 greater
than $4,500.00 is eligible to receive a maximum of 72.68289% of its
total payment received under section 950(2) of 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) of 2009 PA 128.
(2) The funds appropriated in part 1 for the county incentive
program are to be used for grants to counties such that each county
is eligible to receive an amount equal to 20% of the amount by
which the balance in its revenue sharing reserve fund under section
44a of the general property tax act, 1893 PA 206, MCL 211.44a, for
the county's most recent fiscal year that ends prior to the January
1 of the state's fiscal year is less than the amount calculated
under section 44a(13) of the general property tax act, 1893 PA 206,
MCL 211.44a, for the county fiscal year that begins in the state's
fiscal year. The amount calculated under this subsection shall be
adjusted as necessary to reflect partial county fiscal years and
prorated based on the total amount appropriated for distribution to
all eligible counties. Payments under this subsection will be
distributed to an eligible county subject to the county's
fulfilling the requirements under subsection (3), (4), or (5), or
any combination of those subsections. Cities, villages, townships,
and counties eligible to receive a potential payment from the
allocation under this subsection or subsection (1) may qualify to
receive payments under 1 or more of the 3 categories described
under subsections (3), (4), and (5).
(3) Category 1, accountability and transparency, requires each
eligible city, village, township, or county to certify by October
1, or the first day of a payment month, that it has met both of the
following requirements:
(a) It has produced a citizen's guide of its most recent local
finances, including a recognition of its unfunded liabilities; a
performance dashboard; a debt service report containing a detailed
listing of its debt service requirements, including, at a minimum,
the issuance date, issuance amount, type of debt instrument, a
listing of all revenues pledged to finance debt service by debt
instrument, and a listing of the annual payment amounts; and a
projected budget report, including, at a minimum, the current
fiscal year and a projection for the immediately following fiscal
year. The projected budget report shall include revenues and
expenditures and an explanation of the assumptions used for the
projections. The citizen's guide, performance dashboard, debt
service report, and projected budget report shall be made available
for public viewing in the city, village, township, or county
clerk's office or posted on a publicly accessible Internet site.
Each city, village, township, and county applying for a payment
under this category shall submit a copy of the citizen's guide, a
copy of the performance dashboard, a copy of the debt service
report, and a copy of the projected budget report to the department
of treasury.
(b) It has produced a listing of all salaries by job
classification, a listing of all severance packages including the
terms of all severance packages, and a listing of all contracts of
$25,000.00 or more. Each listing shall be made available for public
viewing in the city, village, township, or county clerk's office or
posted on a publicly accessible Internet site. Each listing shall
be updated on a monthly basis.
(4) Category 2, consolidation of services, requires each
eligible city, village, township, or county to certify by February
1, or the first day of a payment month for this category, that it
has produced a consolidation plan. The consolidation plan shall be
made readily available for public viewing in the city, village,
township, or county clerk's office or posted on a publicly
accessible Internet site. Each city, village, township, and county
applying for a payment under this category shall submit a copy of
the consolidation plan to the department of treasury. At a minimum,
the consolidation plan shall include the following:
(a) For a city, village, township, or county that is
submitting a consolidation plan for the first time, the plan shall
include, but not be limited to, a listing of any previous service
cooperations, collaborations, consolidations, innovations, or
privatizations with an estimated cost savings amount for each
cooperation, collaboration, consolidation, innovation, or
privatization. In addition, the plan shall include, but not be
limited to, 1 or more new proposals to increase its existing level
of cooperation, collaboration, consolidation, innovation, or
privatization either within the jurisdiction or with other
jurisdictions, an estimate of the potential savings amount, and a
timeline for implementing the new proposal.
(b) For a city, village, township, or county that submitted a
consolidation plan in the previous fiscal year, the plan shall
include, but not be limited to, an update on the status of all new
proposals that were in the previous years' consolidation plans,
including whether or not the previously proposed plans have been
fully implemented, a listing of the barriers experienced in
House Bill No. 4328 (H-1) as amended April 23, 2013
implementing the proposals, and a timeline of the steps to
accomplish the proposed plans. In addition, the plan shall include,
but not be limited to, 1 or more new proposals to increase its
existing level of cooperation, collaboration, consolidation,
innovation, or privatization either within the jurisdiction or with
other jurisdictions, or a detailed explanation of why increasing
its existing level of cooperation, collaboration, consolidation,
innovation, or privatization is not feasible. The new proposal
shall include but not be limited to, an estimate of the potential
savings amount and a timeline for implementing the new proposals.
[(5) Category 3, unfunded accrued liabilities, requires each
eligible city, village, township, or county to certify by June 1, or
the first day of a payment month for this category, that it has complied
with 1 of the following:
(a) An eligible city, village, township, or county with unfunded
accrued liabilities as of its most recent audited financial report
related to employee pensions or other postemployment benefits shall
submit a plan to lower all unfunded accrued liabilities. The plan shall
include a listing of all previous actions taken to reduce its unfunded
accrued liabilities with an estimated cost savings of those actions; a
detailed description of how it will continue to implement and maintain
previous actions taken; and a listing of additional actions it could
take. If no actions have been taken to reduce its unfunded accrued
liabilities, it shall provide a detailed explanation of why no actions
have been taken and a listing of actions it could implement to reduce
unfunded accrued liabilities. Actuarial assumption changes and issuance
House Bill No. 4328 (H-1) as amended April 23, 2013
of debt instruments shall not qualify as a new proposal. The department
shall develop a certification process and method for cities, villages,
townships, and counties to follow.
(b) Any city, village, township, or county that does not have
unfunded accrued liabilities as of its most recent audited financial
report related to employee pensions or other postemployment benefits
shall certify to the department of treasury by June 1, or the first day
of a payment month for this category, that it does not have unfunded
accrued liabilities. The certification shall include an explanation of
why the city, village, township, or county does not have unfunded accrued
liabilities. The department shall develop a certification process and
method for cities, villages, townships, or counties to follow.
House Bill No. 4328 (H-1) as amended April 23, 2013
House Bill No. 4328 (H-1) as amended April 23, 2013
]
(6) Economic vitality incentive program payments and county
incentive program payments are subject to the following conditions:
(a) In order for a city, village, township, or county to
qualify for a category under subsection (3), (4), or (5), the city,
village, township, or county shall meet every criteria for that
category, including a certification to the department that it has
met the required criteria for that category and submission of the
required citizen's guide, performance dashboard, debt service
report, and projected budget report; consolidation plan; or the
fiduciary responsibility and employee contracting requirements and
unfunded accrued liability plan, as required by subsection (3),
(4), or (5), respectively. A department of treasury review of the
citizen's guide, dashboard, reports, or plan is not required in
order for a city, village, township, or county to receive a payment
under subsection (1) or (2). The department shall develop a
certification process and method for cities, villages, townships,
and counties to follow.
(b) Subject to subdivisions (c), (d), and (e), for each
category that a city, village, township, or county qualifies for in
subsections (3), (4), and (5), the city, village, township, or
county shall receive 1/3 of its potential payment under this
section.
(c) Payments under this section shall be issued to cities,
villages, and townships as follows:
(i) Category 1, an eligible city, village, or township that
certifies with the department of treasury that it has qualified for
a payment under subsection (3) by October 1 shall receive 1/6 of
its available distribution on the last business day of October and
1/6 of its available distribution on the last business day of
December. If an eligible city, village, or township certifies with
the department of treasury that it has qualified for a payment
under subsection (3) after October 1, but prior to December 1, the
city, village, or township shall receive 1/6 of its available
distribution on the last business day of December.
(ii) Category 2, an eligible city, village, or township that
certifies with the department of treasury that it has qualified for
a payment under subsection (4) by February 1 shall receive 1/6 of
its available distribution on the last business day of February and
1/6 of its available distribution on the last business day of
April. If an eligible city, village, or township certifies with the
department of treasury that it has qualified for a payment under
subsection (4) after February 1, but prior to April 1, the city,
village, or township shall receive 1/6 of its available
distribution on the last business day of April.
(iii) Category 3, an eligible city, village, or township that
certifies with the department of treasury that it has qualified for
a payment under subsection (5) by June 1 shall receive 1/6 of its
available distribution on the last business day of June and 1/6 of
its available distribution on the last business day of August. If
an eligible city, village, or township certifies with the
department of treasury that it has qualified for a payment under
subsection (5) after June 1, but prior to August 1, the city,
village, or township shall receive 1/6 of its available
distribution on the last business day of August.
(d) Payments under this section shall be issued to counties
for each category described in subsections (3), (4), and (5) until
the specified due date for the category. After the specified due
date for the category, payments shall be made to a county only if
that county has complied with subdivision (a).
(e) If a county does not provide the required certification or
fails to submit the required citizen's guide, performance
dashboard, debt service report, projected budget report,
consolidation plan, or unfunded accrued liability plan by the first
day of a payment month, the county shall forfeit the payment in
that payment month for the uncertified category in subsections (3),
(4), and (5).
(f) Any city, village, township, or county that falsifies
certification documents shall forfeit any future economic vitality
incentive program payments or county incentive program payments and
shall repay to this state all economic vitality incentive program
payments or county incentive program payments it has received under
this section.
(g) Economic vitality incentive program payments and county
incentive program payments under this section shall be distributed
on the last business day of October, December, February, April,
June, and August.
(h) Payments distributed under this section may be withheld
pursuant to sections 17a and 21 of the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921.
(i) The department of treasury shall develop detailed guidance
for an eligible city, village, township, or county to follow to
qualify for a payment under subsections (3), (4), and (5). The
detailed guidance shall be posted on the department of treasury
website and distributed to eligible cities, villages, townships,
and counties by October 1.
(7) The unexpended funds appropriated in part 1 for the
economic vitality incentive program and the county incentive
program shall be available for expenditure under the competitive
grant assistance program after the approval of transfers by the
legislature pursuant to section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(8) As used in subsection (5):
(a) "Savings" means employee or union concessions in wages,
health care benefits, pension contributions, or other employment
issues if those other issues have quantifiable cost savings.
(b) "Contract" means a collective bargaining agreement or
other agreement described under subsection (5)(a).
Sec. 955. (1) The funds appropriated in part 1 for county
revenue sharing shall be distributed by the department to eligible
counties pursuant to the Glenn Steil state revenue sharing act of
1971, 1971 PA 140, MCL 141.901 to 141.921, such that each county
shall receive 80% of the amount calculated under the Glenn Steil
state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to
141.921.
(2) The department of treasury shall annually certify to the
state budget director the amount each county is authorized to
expend from its revenue sharing reserve fund.
LOTTERY
Sec. 960. In addition to the funds appropriated in part 1 to
the bureau of state lottery, there is appropriated from state
lottery fund revenues the amount necessary for, and directly
related to, implementing and operating lottery games under the
McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL
432.1 to 432.47, and activities under the Traxler-McCauley-Law-
Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, including
expenditures for contractually mandated payments for vendor
commissions, contractually mandated payments for instant tickets
intended for resale, the contractual costs of providing and
maintaining the online system communications network, and incentive
and bonus payments to lottery retailers.
Sec. 963. The bureau of state lottery shall inform all lottery
retailers that the cash side of department of human services bridge
cards cannot be used to purchase lottery tickets.
Sec. 964. The bureau of state lottery shall submit a detailed
report by September 30 to the senate and house of representatives
subcommittees on general government, the senate and house fiscal
agencies, and the state budget office on the use of funds
appropriated for iLottery. The report shall include, but is not
limited to, the total expenditures related to advertising, total
expenditures associated with design and construction of the
iLottery portal, total expenditures associated with administering
the iLottery portal, revenue generated by the iLottery portal,
lottery games offered through the iLottery portal, and any
contracts entered into to create or operate the iLottery portal.
Sec. 965. The iLottery portal is limited to offering only
those lottery games in existence as of January 1, 2004.
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, 2014 to a level lower than the amount appropriated in
part 1.
Sec. 978. The Michigan gaming control board shall use actual
expenditure data in determining the actual regulatory costs of
conducting racing dates and shall provide that data to the senate
and house appropriations subcommittees on agriculture and general
government and the senate and house fiscal agencies. The Michigan
gaming control board shall not be reimbursed for more than the
actual regulatory cost of conducting race dates. If a certified
horsemen's organization funds more than the actual regulatory cost,
the balance shall remain in the agriculture equine industry
development fund to be used to fund subsequent race dates conducted
by race meeting licensees with which the certified horsemen's
organization has contracts. If a certified horsemen's organization
funds less than the actual regulatory costs of the additional horse
racing dates, the Michigan gaming control board shall reduce the
number of future race dates conducted by race meeting licensees
with which the certified horsemen's organization has contracts.
Prior to the reduction in the number of authorized race dates due
to budget deficits, the executive director of the Michigan gaming
control board shall provide notice to the certified horsemen's
organizations with an opportunity to respond with alternatives. In
determining actual costs, the Michigan gaming control board shall
take into account that each specific breed may require different
regulatory mechanisms.
Sec. 979. In addition to the funds appropriated in part 1, the
Michigan gaming control board may receive and expend state lottery
fund revenue in an amount not to exceed $4,000,000.00 for necessary
expenses incurred in the licensing and regulation of millionaire
parties pursuant to Executive Order No. 2012-4. In accordance with
section 8 of the Traxler-McCauley-Law-Bowman bingo act, 1972 PA
382, MCL 432.108, the amount of necessary expenses shall not exceed
the amount of revenue received under that act. The Michigan gaming
control board shall provide a report to the senate and house of
representatives appropriations subcommittees on general government,
the senate and house fiscal agencies, and the state budget office
by April 15. The report shall include, but not be limited to, total
expenditures related to the licensing and regulating of millionaire
parties, steps taken to ensure charities are receiving revenue due
to them, progress on promulgating rules to ensure compliance with
the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101
to 432.120, and any enforcement actions taken.
MICHIGAN STRATEGIC FUND - HOUSING AND COMMUNITY DEVELOPMENT
Sec. 980. MSHDA shall annually present a report to the state
budget office and the subcommittees on the status of the
authority's housing production goals under all financing programs
established or administered by the authority. The report shall give
special attention to efforts to raise affordable multifamily
housing production goals.
Sec. 981. MSHDA shall report to the subcommittees, the state
budget director, and the fiscal agencies by December 1 on the
status of the loans entered into by the Michigan broadband
development authority.
Sec. 984. In addition to the funds appropriated in part 1, the
funds collected by state historic preservation programs for
document reproduction and services and application fees are
appropriated for all expenses necessary to provide the required
services. These funds are available for expenditure when they are
received and may be carried forward into the succeeding fiscal
year.
MICHIGAN STRATEGIC FUND
Sec. 1001. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $20,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 1005. In addition to the appropriations in part 1, Travel
Michigan may receive and expend private revenue related to the use
of "Pure Michigan" and all other copyrighted slogans and images.
This revenue may come from the direct licensing of the name and
image or from the royalty payments from various merchandise sales.
Revenue collected is appropriated for the marketing of the state as
a travel destination. The funds are available for expenditure when
they are received by the department of treasury. The fund shall
provide a report that lists the revenues by source received from
the use of "Pure Michigan" and all other copyrighted slogans and
images. The report shall provide a detailed list of expenditures of
revenues received under this section. The report shall be provided
to the appropriations subcommittees on general government, the
fiscal agencies, and the state budget office by June 1.
Sec. 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, Indian gaming revenues, or other revenues. The
report shall provide a list of individual grants, loans, and
investments 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) Michigan business development program.
(j) Community revitalization program.
(k) Film incentives.
(l) Any other programs of the fund.
(2) The reports in subsection (1) shall be submitted by
February 15. The report for each program in subsection (1)(a)
through (l) shall include details on all revenue sources, actual
expenditures, and number of FTEs for that program for the previous
fiscal year.
Sec. 1008. As a condition of receiving funds under part 1, any
interlocal agreement entered into by the fund shall include
language which states that if a local unit of government has a
contract or memorandum of understanding with a private economic
development agency, the 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 under the neighborhood
enterprise zone act, 1992 PA 147, MCL 207.771 to 207.786.
Sec. 1011. (1) From the 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 part, 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. 1023. The fund shall coordinate tourism promotion with
the tourism industry. The fund shall submit a report on the
geographical market locations and recreational activities used in
Michigan tourism promotion material at the same time and in the
same manner as it submits the report required under section 89d of
the Michigan strategic fund act, 1984 PA 270, MCL 125.2089d.
Sec. 1024. From the funds appropriated in part 1 for business
attraction and community revitalization, not less than
$20,000,000.00 shall be granted by the 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 on the spending plan for the line
items for innovation and entrepreneurship and business attraction
and community revitalization. If the spending plan for the fiscal
year is changed after that date, the fund shall notify the report
recipients listed previously within 10 business days.
Sec. 1032. (1) The Michigan film office shall report to the
subcommittees and the fiscal agencies on the status of the film
incentives at the same time as it submits the annual report
required under section 455 of the Michigan business tax act, 2007
PA 36, MCL 208.1455. The department of treasury and the 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 former section
367 of the income tax act of 1967, 1967 PA 281.
(e) Any tax credits provided for film and digital media
production under the Michigan economic growth authority act, 1995
PA 24, MCL 207.801 to 207.810.
(f) Loans to an eligible production company or film and
digital media private equity fund authorized under section 88d(3),
(4), and (5) of the Michigan strategic fund act, 2005 PA 225, MCL
125.2088d.
(g) Any spending or activities supported by the appropriation
in part 1 for film incentives.
(2) The report shall include all of the following information:
(a) For each tax credit, the number of contracts signed, the
projected expenditures qualifying for the credit, and the estimated
value of the credits. For loans, the number of loans made under
each section, the interest rate of those loans, the loan amount,
the percent of the projected budget of each production financed by
those loans, and the estimated interest earnings from the loan. For
each film incentive awarded, including any program to support and
promote a qualified facility and other film infrastructure as
defined in section 29h of the Michigan strategic fund act, 1984 PA
270, MCL 125.2029h, the total funding awarded for each of the
following:
(i) Direct production expenditures.
(ii) Michigan personnel expenditures.
(iii) Crew personnel expenditures.
(iv) Qualified personnel expenditures.
(v) Postproduction expenditures.
(vi) Qualified facility or infrastructure expenditures.
(vii) Spending for program administration.
(b) For credits authorized under section 455 of the Michigan
business tax act, 2007 PA 36, MCL 208.1455, for productions
completed by December 31, the expenditures of each production
eligible for the credit that has filed a request for certificate of
completion with the film office, broken down into expenditures for
goods, services, or salaries and wages and showing separately
expenditures in each local unit of government, including
expenditures for personnel, whether or not they were made to a
Michigan entity, and whether or not they were taxable under the
laws of this state. For loans, the report shall include the number
of loans that have been fully repaid, with principal and interest
shown separately, and the number of loans that are delinquent or in
default, and the amount of principal that is delinquent or is in
default.
(c) For each of the tax credit incentives, loan incentives,
and film incentives listed in subsection (1), a breakdown for each
project or production showing each of the following:
(i) The number of temporary jobs created.
(ii) The number of permanent jobs created.
(iii) The number of persons employed in Michigan as a result of
the incentive, on a full-time equated basis.
(3) For any information not included in the report due to the
provisions of 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
section 455(6), 457(6), or 459(6) of the Michigan business tax act,
2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, shall be
presented at the lowest level of aggregation that would no longer
describe the commercial and financial operations or intellectual
property of the company.
Sec. 1033. The Michigan film office shall report to the
chairpersons of the senate and house of representatives standing
committees on appropriations subcommittees on general government
and the senate and house fiscal agencies on the status of the film
incentives approved under section 29h of the Michigan strategic
fund act, 1984 PA 270, MCL 125.2029h, not later than 30 days
following the end of each quarter of the fiscal year. The report
shall include all of the following:
(a) Direct and indirect economic impacts in this state
attributable to the assistance.
(b) Direct and indirect job creation in this state
attributable to the assistance.
(c) Direct and indirect private investment in this state
attributable to the assistance.
(d) The name of each eligible production company and the
amount of each incentive disbursed for each state certified
qualified production.
Sec. 1033b. For funds appropriated from the general
fund/general purpose revenue for the purpose of the Michigan
strategic fund – film incentive program, the applicable percentage
of the state certified qualified production expenditures provided
in section 29h(3)(d) of the Michigan strategic fund act, 1984 PA
270, MCL 125.2029h, shall be determined based on the date of the
agreement.
Sec. 1034b. From the funds appropriated in part 1 for
innovation and entrepreneurship, the fund shall allocate
$500,000.00 to the Van Andel Institute to be used as a match for
funding received from the department of defense and the national
institutes of health for advanced medical research.
Sec. 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.
Sec. 1036. (1) The general fund/general purpose funds
appropriated in part 1 to the Michigan strategic fund for the
programs listed below shall be transferred to the specific funds
designated by statute for those programs as follows:
(a) The business attraction and community revitalization funds
shall be transferred to the 21st century jobs trust fund per
section 90b(3) of the Michigan strategic fund act, 1984 PA 270, MCL
125.2090b.
(b) The film incentives program funds shall be transferred to
the Michigan film promotion fund established in the Michigan
strategic fund act, 1984 PA 270, MCL 125.2029d.
(2) Funds transferred to the 21st century jobs trust fund or
Michigan film promotion fund under subsection (1) are appropriated
and available for allocation as authorized in the Michigan
strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.
Sec. 1037. (1) No long-term indebtedness shall be issued by
the Michigan strategic fund or funds expended from the
appropriations in part 1 for facility for rare isotope beams debt
service until Michigan State University provides certification to
the Michigan strategic fund and the state budget director that all
necessary approvals have been secured and federal funds are
available to commence construction of the facility for rare isotope
beams project from the United States department of energy.
(2) Bond proceeds may only be spent to reimburse costs
incurred by Michigan State University in the construction of the
facility for rare isotope beams project up to an amount not to
exceed $90,960,100.00. All construction costs for the project in
excess of this amount are the responsibility of Michigan State
University. The Michigan strategic fund is not responsible for
operating costs of the project facility. Prior to reimbursement,
the Michigan strategic fund and Michigan State University shall
enter into an agreement providing for the terms of reimbursement,
allowable costs, financial reporting, and any other requirements
necessary to complete the transaction.
(3) The state budget director retains the authority and
fiduciary responsibility normally associated with the maintenance
of the public's financial and policy interests relative to state-
financial construction projects. The state budget director may take
appropriate action to protect the public's financial and policy
interests, including, but not limited to, rescinding subsection (2)
reimbursement payments for construction of the facility for rare
isotope beams project should Michigan State University or the
United States department of energy not provide the necessary
resources to complete the project. The state budget director shall
provide notification to the senate and house appropriations
committees, senate fiscal agency, house fiscal agency, and the
Michigan strategic fund within 10 days of exercising the authority
under this subsection.
(4) The department of technology, management, and budget may
assist the Michigan strategic fund with implementation of this
program for purposes of administrative efficiency.
(5) The department of technology, management, and budget shall
provide a quarterly report on the status of the facility for rare
isotope beams project.
Sec. 1038. 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 to property held by the authority.
Sec. 1039. It is the intent of the legislature that
$2,000,000.00 of the funds appropriated in part 1 for business
attraction and community revitalization be used to support a food
and agriculture industry growth initiative loan program to be
administered by the Michigan department of agriculture and rural
development in cooperation with the fund.
Sec. 1040. From the funds appropriated in part 1 for
innovation and entrepreneurship, $5,000,000.00 shall be used for a
skilled trades training program administered by the fund.
MICHIGAN STRATEGIC FUND – CAREER EDUCATION
Sec. 1050. (1) The fund shall publish the "activities
classification structure data book" for Michigan community colleges
on or before March 1.
(2) The fund shall compile information received from community
colleges on North American Indian tuition waivers granted pursuant
to 1976 PA 174, MCL 390.1251 to 390.1253, and shall submit this
compilation to the house and senate appropriations subcommittees on
community colleges, the fiscal agencies, and the state budget
director by March 1.
(3) The fund shall compile information received from community
colleges on the number and types of associate degrees and other
certificates awarded during the previous fiscal year and shall
submit this compilation to the house and senate appropriations
subcommittees on community colleges, the fiscal agencies, and the
state budget director by March 1.
(4) The fund shall place the reports required in this section
on a publicly available website.
Sec. 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 partnership,
accountability, training, hope program in accordance with the
requirements of section 407(d) of title IV of the social security
act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL
400.1 to 400.119b, and all other applicable laws and regulations.
Sec. 1062. The fund shall make available, in person or by
telephone, 1 disabled veterans outreach program specialist or local
veterans employment representative to Michigan works! service
centers, as resources permit, during hours of operation, and shall
continue to make the appropriate placement of veterans and disabled
veterans a priority.
Sec. 1063. (1) In addition to the funds appropriated in part
1, any unencumbered and unrestricted federal workforce investment
act or trade adjustment assistance funds available from prior
fiscal years are appropriated for the purposes originally intended.
(2) The fund shall report by 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. 1068. (1) Of the funds appropriated in part 1 for the
workforce training programs, the fund shall provide a report by
February 1 to the senate and house of representatives standing
committees on appropriations subcommittees on general government,
the state budget director, and the fiscal agencies on the status of
the workforce training programs. The report shall include the
following:
(a) The amount of funding allocated to each Michigan works!
agency and the total funding allocated to the workforce training
programs statewide by fund source.
(b) The number of participants enrolled in education or
training programs by each Michigan works! agency.
(c) The average duration of training for training program
participants by each Michigan works! agency.
(d) The number of participants enrolled in remedial education
programs and the number of participants enrolled in literacy
programs.
(e) The number of participants enrolled in programs at 2-year
institutions.
(f) The number of participants enrolled in 4-year
institutions.
(g) The number of participants enrolled in proprietary schools
or other technical training programs.
(h) The number of participants that have completed education
or training programs.
(i) The number of participants who secured employment in
Michigan within 1 year of completing a training program.
(j) The number of participants who completed a training
program and secured employment in a field related to their
training.
(k) The average wage earned by participants who completed a
training program and secured employment within 1 year.
(2) Data collection for the report shall be for the period
October 1, 2012 through September 30, 2013.
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 2013-2014
Beginning
Fund Unreserved
Fund Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 278.4 8,973.8 15.7
General fund/special purpose 1,007.0 24,628.1 193.5
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 505.8 0.7 506.5
Game and fish protection 0112 5.9 65.5 6.1
Michigan employment security act
administration 0113 0.0 5.5 0.0
State aeronautics 0114 2.2 102.5 0.0
Michigan veterans' benefit
trust 0115 3.3 5.9 3.3
State trunkline 0116 0.0 1,855.0 0.0
Michigan state waterways 0117 4.3 26.5 4.4
Blue Water Bridge 0118 0.0 24.4 0.0
Michigan transportation 0119 0.0 1,882.5 0.0
Comprehensive transportation 0120 14.0 428.6 1.9
School aid 0122 0.0 13,426.9 0.0
Game and fish protection trust 0124 0.0 8.6 0.0
State park improvement 0125 2.0 53.6 3.2
Forest development 0126 0.0 29.2 0.0
Michigan natural resources
trust 0129 24.2 25.6 24.2
Michigan state parks endowment 0130 7.7 48.2 7.5
Safety education and training 0131 6.2 9.4 5.1
Bottle deposit 0136 14.6 14.1 6.0
State construction code 0138 13.1 10.3 3.8
Children's trust 0139 1.1 2.1 1.1
State casino gaming 0140 8.0 38.3 2.6
Michigan nongame fish and
wildlife 0143 0.1 0.5 0.1
Michigan merit award trust 0154 62.0 118.7 62.4
Outdoor recreation legacy 0162 0.6 3.0 0.6
Off-road vehicle account 0163 1.1 3.3 1.1
Snowmobile account 0164 3.9 10.8 3.8
Silicosis dust disease
and logging 0870 1.6 1.3 1.6
Utility consumer representation 0893 2.1 0.5 1.7
TOTALS $1,968.8 $51,803.4 $856.2
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2014 consensus revenue estimating
conference.
ARTICLE X
DEPARTMENT OF HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of human
House Bill No. 4328 (H-1) as amended April 23, 2013
services for the fiscal year ending September 30, 2014, from the
following funds:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated classified positions..... [11,306.1]
Full-time equated unclassified positions.......... 6.0
Total full-time equated positions.......... [11,312.1]
GROSS APPROPRIATION.................................... [$ 5,938,602,400]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 28,970,900
ADJUSTED GROSS APPROPRIATION........................... [$ 5,909,631,500]
Federal revenues:
Federal - supplemental nutrition assistance revenues
(ARRA)............................................... 35,846,200
Social security act, temporary assistance for needy
families............................................. 537,914,500
Federal supplemental security income................... 8,543,100
Total other federal revenues........................... 4,186,477,000
Special revenue funds:
Total private revenues................................. 9,856,000
Total local revenues................................... [32,572,400]
Total other state restricted revenues.................. 90,797,500
State general fund/general purpose..................... [$ 1,007,624,800]
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions............... 674.7
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 668.7
Unclassified salaries--6.0 FTE positions............... $ 707,000
Salaries and wages--271.7 FTE positions................ 16,779,100
Contractual services, supplies, and materials.......... 11,260,700
Demonstration projects--7.0 FTE positions.............. 6,963,000
Inspector general salaries and wages--132.0 FTE
positions............................................ 7,495,100
Electronic benefit transfer EBT........................ 10,754,000
Michigan community service commission--15.0 FTE
positions............................................ 11,382,900
AFC, children's welfare and day care licensure--243.0
FTE positions........................................ 29,365,200
State office of administrative hearings and rules...... 7,351,400
GROSS APPROPRIATION.................................... $ 102,058,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 13,874,900
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 8,766,800
Total other federal revenues........................... 45,649,900
Special revenue funds:
Total private revenues................................. 3,845,800
Total local revenues................................... 16,400
Total other state restricted revenues.................. 5,400
State general fund/general purpose..................... $ 29,899,200
Sec. 103. CHILD SUPPORT ENFORCEMENT
Full-time equated classified positions.......... 180.7
Child support enforcement operations--174.7 FTE
positions............................................ $ 20,604,800
Legal support contracts................................ 113,253,600
Child support incentive payments....................... 32,409,600
State disbursement unit--6.0 FTE positions............. 9,000,000
GROSS APPROPRIATION.................................... $ 175,268,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 153,018,800
State general fund/general purpose..................... $ 22,249,200
Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Full-time equated classified positions........... 16.0
Bureau of community action and economic opportunity
operations--16.0 FTE positions....................... $ 2,044,200
Community services block grant......................... 25,840,000
Weatherization assistance.............................. 16,340,000
GROSS APPROPRIATION.................................... $ 44,224,200
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 500
Total other federal revenues........................... 44,223,700
State general fund/general purpose..................... $ 0
Sec. 105. ADULT AND FAMILY SERVICES
Full-time equated classified positions.......... 594.7
Executive direction and support--4.0 FTE positions..... $ 379,400
House Bill No. 4328 (H-1) as amended April 23, 2013
Guardian contract...................................... 490,200
Adult services policy and administration--7.0 FTE
positions............................................ 819,100
Office of program policy--31.7 FTE positions........... 4,151,200
Michigan rehabilitation services--550.0 FTE positions.. 138,275,900
Independent living..................................... 4,788,600
Employment and training support services............... [4,819,100]
Wage employment verification reporting................. 547,300
Nutrition education--2.0 FTE positions................. 30,034,200
Elder law of Michigan MiCAFE contract.................. 175,000
Elder abuse prosecuting attorney....................... 300,000
GROSS APPROPRIATION.................................... [$ 184,780,000]
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 22,500
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 4,860,400
Federal supplemental security income................... 8,543,100
Total other federal revenues........................... 141,040,800
Special revenue funds:
Total private revenues................................. 1,935,000
Local vocational rehabilitation match.................. 6,500,000
Second injury fund..................................... 148,400
Rehabilitation service fees............................ 1,434,300
State general fund/general purpose..................... [$ 20,295,500]
Sec. 106. CHILDREN'S SERVICES
House Bill No. 4328 (H-1) as amended April 23, 2013
Full-time equated classified positions.......... 120.8
Salaries and wages--58.2 FTE positions................. $ 3,143,900
Contractual services, supplies, and materials.......... 1,134,300
Interstate compact..................................... 179,600
Families first......................................... 16,155,600
Strong families/safe children.......................... 12,350,100
Child protection and permanency--23.0 FTE positions.... 15,221,900
Family reunification program........................... 3,579,400
Family preservation and prevention services
administration--11.0 FTE positions................... 1,307,000
Children's trust fund administration--12.0 FTE
positions............................................ 787,600
Children's trust fund grants........................... 2,325,100
Attorney general contract.............................. [3,939,000]
Prosecuting attorney contracts......................... [2,561,700]
Child protection....................................... 673,900
Domestic violence prevention and treatment--14.6 FTE
positions............................................ [15,355,800]
Rape prevention and services--0.5 FTE position......... 5,072,300
Child advocacy centers--0.5 FTE position............... 2,000,000
Child abuse and neglect - children's justice act--1.0
FTE position......................................... 617,700
Family preservation and prevention services programs... 2,250,000
GROSS APPROPRIATION.................................... [$ 88,654,900]
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy
House Bill No. 4328 (H-1) as amended April 23, 2013
families............................................. 44,643,400
Total other federal revenues........................... 30,994,700
Special revenue funds:
Compulsive gaming prevention fund...................... 1,040,000
Sexual assault victims' prevention and treatment fund.. 3,000,000
Child advocacy centers fund............................ 2,000,000
Children's trust fund.................................. 2,070,100
State general fund/general purpose..................... [$ 4,906,700]
Sec. 107. CHILD WELFARE SERVICES
Full-time equated classified positions........ 3,915.8
Children's services administration--97.0 FTE positions. $ 6,892,600
Title IV-E compliance and accountability office--4.0
FTE positions........................................ 506,900
Child welfare institute--35.0 FTE positions............ 6,676,000
Child protective services workers--1,646.3 FTE
positions............................................ 77,707,700
Direct care workers--1,142.3 FTE positions............. 56,330,400
Education planners--15.0 FTE positions................. 807,700
Permanency planning conference coordinators--56.0 FTE
positions............................................ 3,366,500
Child welfare first line supervisors--566.0 FTE
positions............................................ 38,495,600
Administrative support workers--243.0 FTE positions.... 10,175,400
Second line supervisors and technical staff--59.0 FTE
positions............................................ 4,584,600
Permanency resource managers--30.5 FTE positions....... 1,864,400
Contractual services, supplies, and materials.......... 7,931,000
House Bill No. 4328 (H-1) as amended April 23, 2013
Settlement monitor..................................... 1,625,800
Foster care payments................................... [201,111,500]
Serious emotional disturbance - waiver program......... 3,275,800
Serious emotional disturbance - nonwaiver program...... 2,932,000
Guardianship assistance program........................ 5,756,000
Child care fund........................................ 178,540,600
Child care fund administration--6.2 FTE positions...... 828,200
Adoption subsidies..................................... 217,376,700
Adoption support services--10.0 FTE positions.......... 24,696,700
Youth in transition--5.5 FTE positions................. 14,453,600
Child welfare medical/psychiatric evaluations.......... 6,607,500
Psychotropic oversight contracts....................... 1,118,200
GROSS APPROPRIATION.................................... [$ 873,661,400]
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 237,600
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 201,338,300
Total other federal revenues........................... [290,400,200]
Special revenue funds:
Private - collections.................................. 1,474,100
Local funds - county chargeback........................ [19,106,900]
State general fund/general purpose..................... [$ 361,104,300]
Sec. 108. JUVENILE JUSTICE SERVICES
Full-time equated classified positions......... [67.0]
[ ]
House Bill No. 4328 (H-1) as amended April 23, 2013
[Secure juvenile justice facilities--50.0 FTE positions $ 8,000,000
]
County juvenile officers............................... 3,904,300
Community support services--2.0 FTE positions.......... 1,295,200
Juvenile justice administration and maintenance--12.0
FTE positions........................................ 2,400,000
Juvenile accountability block grant--0.5 FTE position.. 1,281,300
Committee on juvenile justice administration--2.5 FTE
positions............................................ 340,300
Committee on juvenile justice grants................... 3,000,000
GROSS APPROPRIATION.................................... [$ 20,221,100]
Appropriated from:
Federal revenues:
Total federal revenues................................. [4,797,100
Special revenue funds:
Local funds - state share education funds............. 300,000
Local funds - county chargeback........................ 3,300,000]
State general fund/general purpose..................... [$ 11,824,000]
Sec. 109. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions........ 5,162.0
Field staff, salaries and wages--4,930.0 FTE positions. $ 256,490,000
Contractual services, supplies, and materials.......... 12,000,300
Medical/psychiatric evaluations........................ 1,420,100
Donated funds positions--208.0 FTE positions........... 13,757,600
Training and program support--24.0 FTE positions....... 2,441,300
Volunteer services and reimbursement................... 1,142,400
GROSS APPROPRIATION.................................... $ 287,251,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of corrections..................... 100,000
IDG from department of education....................... 6,867,600
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 52,961,200
Total other federal revenues........................... 114,053,700
Special revenue funds:
Local funds............................................ 3,349,100
Private funds - donated funds.......................... 2,601,100
State general fund/general purpose..................... $ 107,319,000
Sec. 110. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions.......... 572.4
Disability determination operations--546.9 FTE
positions............................................ $ 87,975,200
Medical consultation program--21.4 FTE positions....... 2,509,200
Retirement disability determination--4.1 FTE positions. 423,900
GROSS APPROPRIATION.................................... $ 90,908,300
Appropriated from:
Interdepartmental grant revenues:
IDG from DTMB - office of retirement services.......... 536,100
Federal revenues:
Total federal revenues................................. 86,949,400
State general fund/general purpose..................... $ 3,422,800
Sec. 111. CENTRAL SUPPORT ACCOUNTS
Rent................................................... $ 46,804,500
Occupancy charge....................................... 10,203,400
Travel................................................. 7,980,500
Equipment.............................................. 62,600
House Bill No. 4328 (H-1) as amended April 23, 2013
Worker's compensation.................................. 1,727,100
Payroll taxes and fringe benefits...................... 377,888,400
GROSS APPROPRIATION.................................... $ 444,666,500
Appropriated from:
Interdepartmental grant revenues:
IDG from department of education....................... 5,436,000
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 96,464,400
Total other federal revenues........................... 187,361,900
State general fund/general purpose..................... $ 155,404,200
Sec. 112. PUBLIC ASSISTANCE
Full-time equated classified positions............ 8.0
Family independence program............................ $ 239,422,100
[Family independence program substance abuse testing pilot 100]
State disability assistance payments................... 26,556,400
Food assistance program benefits....................... 2,798,081,200
Food assistance program benefits (ARRA)................ 35,846,200
State supplementation.................................. 62,964,200
State supplementation administration................... 2,381,100
Low-income home energy assistance program - crisis
assistance........................................... 107,938,100
Low-income home energy assistance program - home
heating credit....................................... 57,200,000
Low-income home energy assistance program -
weatherization....................................... 8,635,100
Low-income home energy assistance program - enhanced
food assistance...................................... 1,178,400
House Bill No. 4328 (H-1) as amended April 23, 2013
Michigan energy assistance program--1.0 FTE position... 60,000,000
Food bank funding...................................... 1,795,000
Homeless programs...................................... 15,721,900
Chaldean community foundation.......................... 1,000,000
Multicultural integration funding...................... 2,015,500
Indigent burial........................................ 4,300,000
Emergency services local office allocations............ [15,342,600]
Refugee assistance program--7.0 FTE positions.......... 27,955,900
GROSS APPROPRIATION.................................... [$ 3,468,333,800]
Appropriated from:
Federal revenues:
Federal supplemental nutrition assistance revenues
(ARRA)............................................... 35,846,200
Social security act, temporary assistance for needy
families............................................. 113,861,600
Total other federal revenues........................... 2,998,121,100
Special revenue funds:
Child support collections.............................. 29,033,400
Supplemental security income recoveries................ 14,955,900
Merit award trust fund................................. 30,100,000
Public assistance recoupment revenue................... 7,010,000
State general fund/general purpose..................... [$ 239,405,600]
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 114,206,400
Child support automation............................... 42,117,700
GROSS APPROPRIATION.................................... $ 156,324,100
Appropriated from:
House Bill No. 4328 (H-1) as amended April 23, 2013
Interdepartmental grant revenues:
IDG from department of education....................... 1,896,200
Federal revenues:
Social security act, temporary assistance for needy
families............................................. 15,017,900
Total other federal revenues........................... 89,365,700
State general fund/general purpose..................... $ 50,044,300
Sec. 114. ONE-TIME BASIS ONLY
Seita scholarship program.............................. $ 750,000
Demonstration projects................................. 1,500,000
GROSS APPROPRIATION.................................... $ 2,250,000
Appropriated from:
Federal revenues:
Total other federal revenues........................... 500,000
State general fund/general purpose..................... $ 1,750,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is [$1,098,422,300.00] and
state spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $95,906,500.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF HUMAN SERVICES
Child care fund........................................ $ 88,872,000
County juvenile officers............................... 3,656,500
State disability assistance payments................... 976,400
Legal support contracts................................ 2,341,000
Family independence program............................ 60,600
TOTAL.................................................. $ 95,906,500
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) "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. v Snyder,
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, 2014.
(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) "MiCAFE" means Michigan's coordinated access to food for
the elderly.
(j) "PATH" means partnership, accountability, training, hope.
(k) "Previous fiscal year" means the fiscal year ending
September 30, 2013.
(l) "SSI" means supplemental security income.
(m) "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.
(n) "Title IV-D" means part D of title IV of the social
security act, 42 USC 651 to 669b.
(o) "Title IV-E" means part E of title IV of the social
security act, 42 USC 670 to 679c.
Sec. 207. (1) Sanctions, suspensions, conditions for
provisional license status, and other penalties shall not be more
stringent for private service providers than for public entities
performing equivalent or similar services.
(2) Neither the department nor private service providers or
licensees shall be granted preferential treatment or considered
automatically to be in compliance with administrative rules based
on whether they have collective bargaining agreements with direct
care workers. Private service providers or licensees without
collective bargaining agreements shall not be subjected to
additional requirements or conditions of licensure based on their
lack of collective bargaining agreements.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this part.
This requirement shall include transmission of reports via
electronic mail to the recipients identified for each reporting
requirement, and it shall include placement of reports on the
Internet.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 212. (1) In addition to funds appropriated in part 1 for
all programs and services, there is appropriated for write-offs of
accounts receivable, deferrals, and for prior year obligations in
excess of applicable prior year appropriations, an amount equal to
total write-offs and prior year obligations, but not to exceed
amounts available in prior year revenues or current year revenues
that are in excess of the authorized amount.
(2) The department's ability to satisfy appropriation fund
sources in part 1 shall not be limited to collections and accruals
pertaining to services provided in the current fiscal year, but
shall also include reimbursements, refunds, adjustments, and
settlements from prior years.
Sec. 213. The department may retain all of the state's share
of food assistance overissuance collections as an offset to general
fund/general purpose costs. Retained collections shall be applied
against federal funds deductions in all appropriation units where
department costs related to the investigation and recoupment of
food assistance overissuances are incurred. Retained collections in
excess of such costs shall be applied against the federal funds
deducted in the executive operations appropriation unit.
Sec. 214. On a monthly 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 of a
bill or amendment to a bill to amend the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b, cannot be implemented because
implementation would conflict with or violate federal regulations,
the department shall notify the state budget director, the house
and senate appropriations committees, and the house and senate
fiscal agencies and policy offices of that fact. For a bill or
amendment to a bill amending the social welfare act, 1939 PA 280,
MCL 400.1 to 400.119b, the department shall give the notice under
this section within 30 days after the bill is introduced or the
amendment is adopted.
Sec. 217. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate standing committees on
appropriations, the house and senate fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 220. The department shall ensure that faith-based
organizations are able to apply and compete for services, programs,
or contracts that they are qualified and suitable to fulfill. The
department shall not disqualify faith-based organizations solely on
the basis of the religious nature of their organization or their
guiding principles or statements of faith.
Sec. 221. (1) If the revenue collected by the department from
private and local sources exceeds the amount spent from amounts
appropriated in part 1, the revenue may be carried forward, with
approval from the state budget director, into the subsequent fiscal
year.
(2) The department shall provide a report on the amount of
each revenue stream to be carried forward, as well as the
cumulative amount, for the previous fiscal year by February 15 of
the current fiscal year to the senate and house appropriations
subcommittees on the department budget, the senate and house
standing committees on families and human services, and the senate
and house fiscal agencies and policy offices.
Sec. 222. The department shall report no later than February
15 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.
Sec. 240. The department shall notify the house and senate
appropriations committees and the house and senate fiscal agencies
of any changes to a child welfare master contract that results in
increased rates or increased spending on services not less than 30
days before the change takes effect.
Sec. 250. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of technology, management, and budget. Funds designated
in this manner are not available for expenditure until approved as
work projects under section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a.
Sec. 251. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 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 year ending September 30, 2014.
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, 2014 for each
individual line item for the department budget. The report shall
also include federal funds transferred to other departments. The
capped federal funds shall include, but not be limited to, all of
the following:
(a) TANF.
(b) Title XX social services block grant.
(c) Title IV-B part I child welfare services block grant.
(d) Title IV-B part II promoting safe and stable families
funds.
(e) Low-income home energy assistance program.
(2) By February 15 of the current fiscal year, the department
shall prepare an annual report of its efforts to identify
additional TANF maintenance of effort sources and rationale for any
increases or decreases from all of the following, but not limited
to:
(a) Other departments.
(b) Local units of government.
(c) Private sources.
Sec. 279. (1) All 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. 290. Any public advertisement for state assistance shall
also inform the public of the welfare fraud hotline operated by the
department.
Sec. 291. (1) The department shall verify, using the e-verify
system, that all new department employees, and new hire employees
of contractors and subcontractors paid from funds appropriated in
this article, are legally present in the United States. The
department may verify this information directly or may require
contractors and subcontractors to verify the information and submit
a certification to the department.
(2) By February 15 of the current fiscal year, the department
shall submit to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, and
the house and senate policy offices a report on the number of new
department employees and new hire employees of contractors and
subcontractors that were found to not be legally present in the
United States.
Sec. 296. Not later than November 15, the department, in
conjunction with the state budget office, shall prepare and
transmit a report that provides for estimates of the total general
fund/general purpose appropriation lapses at the close of the
fiscal year. This report shall summarize the projected year-end
general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, and the senate and
house fiscal agencies.
Sec. 298. By February 15 of the current fiscal year, the
department shall provide to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the senate and house policy offices an annual report
on the supervisor-to-staff ratio by department divisions and
subdivisions.
Sec. 299. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
EXECUTIVE OPERATIONS
Sec. 307. (1) From the funds appropriated in part 1 for
demonstration projects, $400,000.00 shall be distributed as
provided in subsection (2). The amount distributed under this
subsection shall not exceed 50% of the total operating expenses of
the program described in subsection (2), with the remaining 50%
paid by local United Way organizations and other nonprofit
organizations and foundations.
(2) Funds distributed under subsection (1) shall be
distributed to Michigan 2-1-1, a nonprofit corporation organized
under the laws of this state that is exempt from federal income tax
under section 501(c)(3) of the internal revenue code, 26 USC
501(c)(3), and whose mission is to coordinate and support a
statewide 2-1-1 system. Michigan 2-1-1 shall use the funds only to
fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1
in January 2005.
(3) Michigan 2-1-1 shall refer to the department any calls
received reporting fraud, waste, or abuse of state-administered
public assistance.
(4) Michigan 2-1-1 shall report annually to the department and
the house and senate standing committees with primary jurisdiction
over matters relating to human services and telecommunications on
2-1-1 system performance, including, but not limited to, call
volume by community health and human service needs and unmet needs
identified through caller data and customer satisfaction metrics.
ADULT AND FAMILY SERVICES
Sec. 401. All funds appropriated in part 1 for independent
living shall be used for the support of centers for independent
living in compliance with federal rules and regulations for those
centers, by existing centers in serving underserved areas, and for
projects to build capacity of centers to deliver independent living
services. Applications for the funds shall be reviewed in
accordance with criteria and procedures established by the
department. Funds shall be used in a manner consistent with the
state plan for independent living.
Sec. 402. The Michigan rehabilitation services shall work
collaboratively with the Michigan commission for the blind, service
organizations, and government entities to identify qualified match
dollars to maximize use of available federal vocational
rehabilitation funds.
Sec. 403. It is the intent of the legislature that the funds
appropriated in part 1 for Michigan rehabilitation services, and
any future funds appropriated for that purpose, shall not be spent
unless Michigan rehabilitation services addresses, works to remedy,
and accounts for the deficiencies found in Michigan rehabilitation
services as detailed in the most recent auditor general report of
Michigan rehabilitation services, and provides all relevant
documentation on expenditures of the funds appropriated in part 1
by February 15 of the current fiscal year to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the house and senate policy
offices.
Sec. 404. From the funds appropriated in part 1 for
independent living, the department shall allocate $300,000.00 to
Michigan's centers for independent living providing services in
Jackson, Kent, and Midland Counties to pilot guide services to
develop accessible, comprehensive, and integrated services for
persons with disabilities. The pilot guide services shall also
assist persons with disabilities and their families in navigating
state systems when accessing public assistance to become
financially self-sufficient.
Sec. 420. (1) From the funds appropriated in part 1, the
department shall contract with the prosecuting attorneys
association of Michigan for 2 elder abuse resource prosecuting
attorneys positions to provide the support and services necessary
to increase the capability of the state's prosecutors, adult
protective service system, and criminal justice system to
effectively identify, investigate, and prosecute elder abuse and
financial exploitation.
(2) By February 15 of the current fiscal year, the prosecuting
attorneys association shall provide a report on the efficacy of the
contract to the state budget office, the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, and the house and senate policy
offices.
Sec. 423. From the funds appropriated in part 1 for elder law
of Michigan MiCAFE contract, the department shall allocate not less
than $175,000.00 to the elder law of Michigan MiCAFE to assist this
state's elderly population to participate in the food assistance
program. The funds may be used as state matching funds to acquire
available United States department of agriculture funding to
provide outreach program activities, such as eligibility screen and
information services, as part of a statewide food stamp hotline.
Sec. 424. The department may enter into a contract with a
nonprofit entity that operates throughout this state to provide
vehicle purchases and vehicle repairs for all low-income
individuals who the department determines are eligible. The
department shall work in conjunction with the nonprofit entity to
ensure that the barriers to self-sufficiency are removed for each
individual.
Sec. 425. (1) From the funds appropriated in part 1, the
department shall provide individuals not more than $500.00 for
vehicle repairs, including any repairs done in the previous 12
months. However, the department may in its discretion pay for
repairs up to $900.00. Payments under this section shall include
the combined total of payments made by the department and work
participation program.
(2) By November 30 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies, and
the senate and house policy offices a report detailing the total
number of payments for repairs, the number of payments for repairs
that exceeded $500.00, the number of payments for repairs that cost
exactly $500.00, and the number of payments for repairs that cost
exactly $900.00 in the previous fiscal year.
CHILDREN'S SERVICES
Sec. 501. A goal is established that not more than 25% of all
children in foster care at any given time during the current fiscal
year will have been in foster care for 24 months or more. During
the annual budget presentation, the department shall provide a
report describing the steps that will be taken to achieve the
specific goal established in this section.
Sec. 502. From the funds appropriated in part 1 for foster
care, the department shall provide 50% reimbursement to Indian
tribal governments for foster care expenditures for children who
are under the jurisdiction of Indian tribal courts and who are not
otherwise eligible for federal foster care cost sharing.
Sec. 505. By February 15 of the current fiscal year, the
department and Wayne County shall provide to the senate and house
appropriations committees on the department budget and the senate
and house fiscal agencies and policy offices a report for youth
served in the previous fiscal year and in the first quarter of the
current fiscal year outlining the number of youth served within
each juvenile justice system, the type of setting for each youth,
performance outcomes, and financial costs or savings.
Sec. 506. The department shall submit a report by February 15
of the current fiscal year on the number of children under state or
court supervision who did not receive Medicaid coverage and the
number of children under state or court supervision that
experienced a break in Medicaid coverage during the previous fiscal
year to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the
house and senate policy offices.
Sec. 507. The department's ability to satisfy appropriation
deducts in part 1 for foster care private collections shall not be
limited to collections and accruals pertaining to services provided
only in the current fiscal year but may include revenues collected
during the current fiscal year for services provided in prior
fiscal years.
Sec. 508. 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.
Sec. 510. The department, in conjunction with members from
both the house of representatives and the senate, representatives
from the counties, and private child welfare providers, shall carry
out a workgroup to determine how the state can best assist counties
on identifying and providing performance-based community programs
for foster care and juvenile justice. By February 15 of the current
fiscal year, the department shall provide to the senate and house
appropriations subcommittees on the department budget, the senate
and house standing committees on families and human services, and
the senate and house fiscal agencies and policy offices a report
detailing the workgroup findings.
Sec. 511. The department shall track the number and percentage
of children who received both a physical and mental health
assessment before placement in the foster care and juvenile justice
systems and provide quarterly reports to the senate and house
appropriations subcommittees on the department budget, the senate
and house standing committees on families and human services, and
the senate and house fiscal agencies and policy offices on the
number and percentage of children who received the assessments.
Sec. 512. The department shall conduct an analysis of expenses
in the child care fund at the county level. By February 15 of the
current fiscal year, the department shall provide to the senate and
house appropriations subcommittees on the department budget, the
senate and house standing committees on families and human
services, and the senate and house fiscal agencies and policy
offices a report detailing the findings.
Sec. 513. (1) The department shall not expend funds
appropriated in part 1 to pay for the direct placement by the
department of a child in an out-of-state facility unless all of the
following conditions are met:
(a) There is no appropriate placement available in this state
as determined by the department interstate compact office.
(b) An out-of-state placement exists that is nearer to the
child's home than the closest appropriate in-state placement as
determined by the department interstate compact office.
(c) The out-of-state facility meets all of the licensing
standards of this state for a comparable facility.
(d) The out-of-state facility meets all of the applicable
licensing standards of the state in which it is located.
(e) The department has done an on-site visit to the out-of-
state facility, reviewed the facility records, reviewed licensing
records and reports on the facility, and believes that the facility
is an appropriate placement for the child.
(2) The department shall not expend money for a child placed
in an out-of-state facility without approval of the deputy director
for children's services. The department shall notify the
appropriate state agency in that state including the name of the
out-of-state provider who accepted the placement.
(3) The department shall submit quarterly reports to the state
court administrative office, the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal
agencies, and the house and senate policy offices on the number of
Michigan children residing in out-of-state facilities at the time
of the report, the total cost and average per diem cost of these
out-of-state placements to this state, and a list of each such
placement arranged by the Michigan county of residence for each
child. The department shall also submit an annual report by
February 15 of the current fiscal year on per diem costs of each
public and private residential care provider located or doing
business in this state and recidivism rates of each facility.
Sec. 514. The department shall make a comprehensive report
concerning children's protective services (CPS) to the legislature,
including the senate and house policy offices and the state budget
director, by January 1 of the current fiscal year, that shall
include all of the following:
(a) Statistical information including, at a minimum, all of
the following:
(i) The total number of reports of abuse or neglect
investigated under the child protection law, 1975 PA 238, MCL
722.621 to 722.638, and the number of cases classified under
category I or category II and the number of cases classified under
category III, category IV, or category V.
(ii) Characteristics of perpetrators of abuse or neglect and
the child victims, such as age, relationship, race, and ethnicity
and whether the perpetrator exposed the child victim to drug
activity, including the manufacture of illicit drugs, that exposed
the child victim to substance abuse, a drug house, or
methamphetamine.
(iii) The mandatory reporter category in which the individual
who made the report fits, or other categorization if the individual
is not within a group required to report under the child protection
law, 1975 PA 238, MCL 722.621 to 722.638.
(iv) The number of cases that resulted in the separation of the
child from the parent or guardian and the period of time of that
separation, up to and including termination of parental rights.
(v) For the reported complaints of abuse or neglect by
teachers, school administrators, and school counselors, the number
of cases classified under category I or category II and the number
of cases classified under category III, category IV, or category V.
(vi) For the reported complaints of abuse or neglect by
teachers, school administrators, and school counselors, the number
of cases that resulted in separation of the child from the parent
or guardian and the period of time of that separation, up to and
including termination of parental rights.
(b) New policies related to children's protective services
including, but not limited to, major policy changes and court
decisions affecting the children's protective services system
during the immediately preceding 12-month period.
(c) The information contained in the report required under
section 8d(5) of the child protection law, 1975 PA 238, MCL
722.628d, on cases classified under category III.
(d) The department policy, or changes to the department
policy, regarding children who have been exposed to the production
or manufacture of methamphetamines.
Sec. 515. The department shall privatize all foster care and
adoption services, except for child protective services, in Kent
County by October 1 of the current fiscal year.
Sec. 516. The department shall prepare a report by county that
includes the number and percentage of foster care parents who were
successfully retained in the foster care program and compares
figures at the beginning of the fiscal year to the end-of-year
totals and provide the report by February 15 of the current fiscal
year to the senate and house appropriations subcommittees on the
department budget, the senate and house standing committees on
families and human services, and the senate and house fiscal
agencies and policy offices.
Sec. 517. The department, in conjunction with members from
both the house of representatives and the senate, shall conduct a
workgroup on the feasibility of implementing a dual-track child
protective services pilot program and shall examine the state's
definition of child abuse and shall determine whether the
definition should be amended. By February 15 of the current fiscal
year, the department shall provide a report on the findings of the
workgroup to the senate and house appropriations subcommittees on
the department budget, the senate and house standing committees on
families and human services, and the senate and house fiscal
agencies and policy offices.
Sec. 519. The department shall permit any private agency that
has an existing contract with this state to provide foster care
services to be also eligible to provide treatment foster care
services.
Sec. 520. The department shall post a request for proposals
for a contract for foster family group homes by December 31 of the
current fiscal year.
Sec. 523. (1) By February 15 of the current fiscal year, the
department shall report on the families first, strong families/safe
children, family reunification, child protection/community
partners, and families together building solutions family
preservation programs to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal
agencies, and the senate and house policy offices. The report shall
contain all of the following for each program:
(a) The average cost per recipient served.
(b) Measurable performance indicators.
(c) Desired outcomes or results and goals that can be measured
on an annual basis, or desired results for a defined number of
years.
(d) Monitored results.
(e) Innovations that may include savings or reductions in
administrative costs.
(2) If money becomes available in part 1 for youth in
transition and domestic violence prevention and treatment, the
department is authorized to make allocations of TANF funds only to
agencies that report necessary data to the department for the
purpose of meeting TANF eligibility reporting requirements.
Sec. 524. As a condition of receiving funds appropriated in
part 1 for strong families/safe children, counties must submit the
service spending plan to the department by October 1 of the current
fiscal year for approval. The department shall approve the service
spending plan within 30 calendar days after receipt of a properly
completed service spending plan.
Sec. 525. The department shall implement the same on-site
evaluation processes for privately operated child welfare and
juvenile justice residential facilities as is used to evaluate
state-operated facilities. Penalties for noncompliance shall be the
same for privately operated child welfare and juvenile justice
residential facilities and state-operated facilities.
Sec. 526. From the funds appropriated in part 1 for foster
care payments and related administrative costs, the department may
implement the federally approved title IV-E child welfare waiver
demonstration project. As required under the waiver, any savings
resulting from the demonstration project must be quantified and
reinvested into child welfare programming.
Sec. 532. (1) The department, in collaboration with
representatives of private child and family agencies, shall revise
and improve the annual licensing review process and the annual
contract compliance review process for child placing agencies and
child caring institutions. The improvement goals shall be safety
and care for children. Improvements to the review process shall be
directed toward alleviating administrative burdens so that agency
resources may be focused on children. The revision shall include
identification of duplicative staff activities and information
sought from child placing agencies and child caring institutions in
the annual review process. The department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on or before January 15 of the
current fiscal year on the findings of the annual licensing review.
(2) The department shall conduct licensing reviews no more
than once every 2 years for child placing agencies and child caring
institutions that are nationally accredited and have no outstanding
violations.
Sec. 533. (1) The department shall make payments to child
placing facilities for in-home and out-of-home care services and
adoption services within 30 days of receiving all necessary
documentation from those agencies.
(2) The department shall provide a report on the status of the
implementation of this section by February 15 of the current fiscal
year.
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
House Bill No. 4328 (H-1) as amended April 23, 2013
placement shall provide, as part of the recommendation, information
regarding the requirements of section 115o of the social welfare
act, 1939 PA 280, MCL 400.115o.
Sec. 546. (1) From the funds appropriated in part 1 for foster
care payments and from child care fund, the department shall pay
providers of foster care services not less than a $37.00
administrative rate.
(2) From the funds appropriated in part 1 for foster care
payments and from child care fund, the department shall pay
providers of general independent living services not less than a
$28.00 administrative rate.
(3) From the funds appropriated in part 1, the department
shall reinstate the specialized independent living services
administrative rate to levels that were in place for the fiscal
year ending September 30, 2011.
(4) From the funds appropriated in part 1, the department
shall pay providers of foster care services an additional $3.00
administrative rate, provided that section 117a of the social
welfare act, 1939 PA 280, MCL 400.117a, is amended to eliminate the
county match rate for the additional administrative rate provided
in this subsection.
[Sec. 550. From the funds appropriated in part 1 for domestic violence prevention and treatment, the department shall allocate $150,000.00 to women's shelters in Macomb, Oakland, Washtenaw, and Wayne Counties to pilot services to maximize available beds for women and children in need. These services may include, but are not limited to, transporting clients between shelters with available space.]
Sec. 556. The department shall provide an annual report to the
subcommittees of the senate and house appropriations committees on
the department budget with the number of complaints filed by
adoptive parents who were not notified that their adopted child had
special needs.
Sec. 557. From the funds appropriated in part 1, the
House Bill No. 4328 (H-1) as amended April 23, 2013
department may provide reimbursement for nonrecurring expenses
related to an adoption in excess of the limit described in section
115l of the social welfare act, 1939 PA 280, MCL 400.115l.
[
]
Sec. 574. (1) From the funds 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 funds appropriated for foster care payments,
$375,000.00 is allocated to support family incentive grants to
private and community-based foster care service providers to assist
with home improvements or payment for physical exams for applicants
needed by foster families to accommodate foster children.
Sec. 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) 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. 587. (1) From the funds appropriated in part 1 for the
child care fund, the department shall use not more than
$5,000,000.00 to establish an in-home care incentive grant program
for counties that develop new or enhanced in-home care and
community-based juvenile justice services. The incentive grant
shall not exceed 25% of the total cost of the in-home care program
and shall be in addition to any other reimbursement the county
receives from the state for new or enhanced services provided after
October 1, 2013.
(2) Not later than January 1, 2014, the Michigan committee on
juvenile justice shall establish eligibility, reporting, and data
requirements that counties must meet to qualify for the in-home
care incentive grant. With written notice, the department has the
authority to withdraw the in-home care incentive grants for the
requirements established by the committee.
(3) By March 1 of the current fiscal year, the department
shall prepare and submit a report to the state budget director and
the senate and house fiscal agencies on the outcomes of the grant
program.
Sec. 588. The department shall report quarterly to the state
budget office, the senate and house appropriations subcommittees on
the department budget, and the senate and house fiscal agencies, on
the number of children enrolled in the guardianship assistance and
foster care - children with serious emotional disturbance waiver
programs.
Sec. 589. (1) When a new foster care case is opened, the
department shall first contact private providers with whom it has
contracted to provide case management services for the new foster
care case. The department, in collaboration with representatives
from private child placing agencies, shall determine placement
criteria for when private provider case management services would
not be in the best interest of the child.
(2) On a monthly basis, the department shall report on the
number of all foster care cases administered by the department and
all foster care cases administered by private providers.
PUBLIC ASSISTANCE
Sec. 601. Whenever a client agrees to the release of his or
her name and address to the local housing authority, the department
shall request from the local housing authority information
regarding whether the housing unit for which vendoring has been
requested meets applicable local housing codes. Vendoring shall be
terminated for those units that the local authority indicates in
writing do not meet local housing codes until such time as the
local authority indicates in writing that local housing codes have
been met.
Sec. 604. (1) The department shall operate a state disability
assistance program. Except as provided in subsection (3), persons
eligible for this program shall include needy citizens of the
United States or aliens exempted from the supplemental security
income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social
security, or medical assistance due to disability or 65 years of
age or older.
(b) A person with a physical or mental impairment which meets
federal supplemental security income disability standards, except
that the minimum duration of the disability shall be 90 days.
Substance abuse alone is not defined as a basis for eligibility.
(c) A resident of an adult foster care facility, a home for
the aged, a county infirmary, or a substance abuse treatment
center.
(d) A person receiving 30-day postresidential substance abuse
treatment.
(e) A person diagnosed as having acquired immunodeficiency
syndrome.
(f) A person receiving special education services through the
local intermediate school district.
(g) A caretaker of a disabled person who meets the
requirements specified in subdivision (a), (b), (e), or (f).
(2) Applicants for and recipients of the state disability
assistance program shall be considered needy if they:
(a) Meet the same asset test as is applied for the family
independence program.
(b) Have a monthly budgetable income that is less than the
payment standards.
(3) Except for a person described in subsection (1)(c) or (d),
a person is not disabled for purposes of this section if his or her
drug addiction or alcoholism is a contributing factor material to
the determination of disability. "Material to the determination of
disability" means that, if the person stopped using drugs or
alcohol, his or her remaining physical or mental limitations would
not be disabling. If his or her remaining physical or mental
limitations would be disabling, then the drug addiction or
alcoholism is not material to the determination of disability and
the person may receive state disability assistance. Such a person
must actively participate in a substance abuse treatment program,
and the assistance must be paid to a third party or through vendor
payments. For purposes of this section, substance abuse treatment
includes receipt of inpatient or outpatient services or
participation in alcoholics anonymous or a similar program.
Sec. 605. The level of reimbursement provided to state
disability assistance recipients in licensed adult foster care
facilities shall be the same as the prevailing supplemental
security income rate under the personal care category.
Sec. 606. County department offices shall require each
recipient of family independence program and state disability
assistance who has applied with the social security administration
for supplemental security income to sign a contract to repay any
assistance rendered through the family independence program or
state disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec. 607. (1) The department's ability to satisfy
appropriation deductions in part 1 for state disability
assistance/supplemental security income recoveries and public
assistance recoupment revenues shall not be limited to recoveries
and accruals pertaining to state disability assistance, or family
independence assistance grant payments provided only in the current
fiscal year, but may include revenues collected during the current
year that are prior year related and not a part of the department's
accrued entries.
(2) The department may use supplemental security income
recoveries to satisfy the deduct in any line in which the revenues
are appropriated, regardless of the source from which the revenue
is recovered.
Sec. 608. Adult foster care facilities providing domiciliary
care or personal care to residents receiving supplemental security
income or homes for the aged serving residents receiving
supplemental security income shall not require those residents to
reimburse the home or facility for care at rates in excess of those
legislatively authorized. To the extent permitted by federal law,
adult foster care facilities and homes for the aged serving
residents receiving supplemental security income shall not be
prohibited from accepting third-party payments in addition to
supplemental security income provided that the payments are not for
food, clothing, shelter, or result in a reduction in the
recipient's supplemental security income payment.
Sec. 610. (1) In developing good cause criteria for the state
emergency relief program, the department shall grant exemptions if
the emergency resulted from unexpected expenses related to
maintaining or securing employment.
(2) For purposes of determining housing affordability
eligibility for state emergency relief, a group is considered to
have sufficient income to meet ongoing housing expenses if their
total housing obligation does not exceed 75% of their total net
income.
(3) State emergency relief payments shall not be made to
individuals who have been found guilty of fraud in regard to
obtaining public assistance.
(4) State emergency relief payments shall not be made
available to persons who are out-of-state residents or illegal
immigrants.
(5) State emergency relief payments for rent assistance shall
be distributed directly to landlords and shall not be added to
Michigan bridge cards.
Sec. 611. The state supplementation level under the
supplemental security income program shall not exceed the minimum
state supplementation level as required under federal law or
regulations.
Sec. 612. The department shall implement an asset test as part
of the eligibility determination for applicants and existing
recipients of the refugee assistance program medical benefits.
Sec. 613. The maximum allowable reimbursement for the final
disposition of indigent persons 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.
Sec. 615. Except as required by federal law or regulations,
funds appropriated in part 1 shall not be used to provide public
assistance to a person who is an illegal alien. This section shall
not prohibit the department from entering into contracts with food
banks, emergency shelter providers, or other human services
agencies who may, as a normal part of doing business, provide food
or emergency shelter.
Sec. 616. The department shall require retailers that
participate in the electronic benefits transfer program to charge
no more than $2.50 in fees for cash back as a condition of
participation.
Sec. 617. The department shall prepare a report on the number
and percentage of public assistance recipients, categorized by type
of assistance received, who were no longer eligible for assistance
because of their status in the law enforcement information network
and provide the report by February 15 of the current fiscal year to
the senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and
human services, and the senate and house fiscal agencies and policy
offices.
Sec. 619. (1) Subject to subsection (2), the department shall
exempt from the denial of title IV-A assistance and food assistance
benefits under 21 USC 862a any individual who has been convicted of
a felony that included the possession, use, or distribution of a
controlled substance, after August 22, 1996, provided that the
individual is not in violation of his or her probation or parole
requirements. Benefits shall be provided to such individuals as
follows:
(a) A third-party payee or vendor shall be required for any
cash benefits provided.
(b) An authorized representative shall be required for food
assistance receipt.
(2) Subject to federal approval, an individual is not entitled
to the exemption in this section if the individual was convicted in
2 or more separate cases of a felony that included the possession,
use, or distribution of a controlled substance after August 22,
1996.
Sec. 620. (1) The department shall make a determination of
Medicaid eligibility not later than 60 days after all information
to make the determination is received from the applicant if
disability is an eligibility factor. For all other Medicaid
applicants, including patients of a nursing home, the department
shall make a determination of Medicaid eligibility within 45 days
of application.
(2) Not later than October 1, 2013, the department shall
provide a report to the senate and house appropriations
subcommittees on the department budget, the senate and house
standing committees on families and human services, and the senate
and house fiscal agencies and policy offices detailing the outcomes
of the LEAN process, the department's progress in achieving the
eligibility standard of promptness at the 2 local offices, and the
department's plan for implementing efficiency standards identified
in the LEAN process statewide.
Sec. 643. As a condition of receipt of federal TANF funds,
homeless shelters and human services agencies shall collaborate
with the department to obtain necessary TANF eligibility
information on families as soon as possible after admitting a
family to the homeless shelter. From the funds appropriated in part
1 for homeless programs, the department is authorized to make
allocations of TANF funds only to the agencies that report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. Homeless shelters or human
services agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting
requirements will not receive reimbursements which exceed the per
diem amount they received in fiscal year 2000. The use of TANF
funds under this section should not be considered an ongoing
commitment of funding.
Sec. 645. An individual or family is considered homeless, for
purposes of eligibility for state emergency relief, if living
temporarily with others in order to escape domestic violence. For
purposes of this section, domestic violence is defined and verified
in the same manner as in the department's policies on good cause
for not cooperating with child support and paternity requirements.
Sec. 653. From the funds appropriated in part 1 for food
assistance, an individual who is the victim of domestic violence
and does not qualify for any other exemption may be exempt from the
3-month in 36-month limit on receiving food assistance under 7 USC
2015. This exemption can be extended an additional 3 months upon
demonstration of continuing need.
Sec. 656. (1) On a quarterly basis, the department shall
compile and make available on its website the information listed as
follows:
(a) The number of applications received.
(b) The number of applications approved.
(c) The number of applications denied.
(d) The number of applications pending and neither approved or
denied.
(e) The number of cases closed.
(2) The information provided in subsection (1) shall be made
available for the state as a whole and for each county, and the
information provided in subsection (1) shall be reported separately
for family independence program, state disability assistance, food
assistance program, Medicaid, and state emergency relief.
Sec. 657. The department shall notify persons eligible for
extended family independence program benefits under section 57s of
the social welfare act, 1939 PA 280, MCL 400.57s, that receiving
extended family independence program benefits will count toward the
federal and state lifetime limits.
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. 672. (1) The department's office of inspector general
shall report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate
and house fiscal agencies, and the senate and house policy offices
by February 15 of the current fiscal year on department efforts to
reduce inappropriate use of Michigan bridge cards. The department
shall provide information on the number of recipients of services
who used their electronic benefit transfer card inappropriately and
the current status of each case, the number of recipients whose
benefits were revoked, whether permanently or temporarily, as a
result of inappropriate use, and the number of retailers that were
fined or removed from the electronic benefit transfer program for
permitting inappropriate use of the cards.
(2) As used in this section, "inappropriate use" means not
used to meet a family's ongoing basic needs, including food,
clothing, shelter, utilities, household goods, personal care items,
and general incidentals.
Sec. 677. 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 monthly basis, the department shall report to the
senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies and policy offices,
and the state budget director on the current percentage of FIP
cases involved in PATH employment activities and an estimate of the
current percentage of FIP cases that meet federal work
participation requirements.
Sec. 686. (1) The department shall ensure that program policy
requires caseworkers to confirm that individuals presenting
personal identification issued by another state seeking assistance
through the family independence program, food assistance program,
state disability assistance program, or medical assistance program
are not receiving benefits from any other state.
(2) The department shall require caseworkers to confirm the
address provided by any individual seeking family independence
program benefits or state disability assistance benefits.
(3) The department shall prohibit individuals with property
assets assessed at a value higher than $250,000.00 from accessing
assistance through department-administered programs, unless such a
prohibition would violate federal rules and guidelines.
(4) The department shall require caseworkers to obtain an up-
to-date telephone number during the eligibility determination or
redetermination process for individuals seeking medical assistance
benefits. On a monthly basis, the department shall provide the
department of community health an updated list of telephone numbers
for medical assistance recipients.
Sec. 696. From the funds appropriated in part 1, the
department shall allocate $1,000,000.00 to the Chaldean community
foundation. This money shall be utilized to provide translation
services, health care services, youth tutoring and mentoring
programs, and refugee resettlement services.
JUVENILE JUSTICE SERVICES
Sec. 706. Counties shall be subject to 50% chargeback for the
use of alternative regional detention services, if those detention
services do not fall under the basic provision of section 117e of
the social welfare act, 1939 PA 280, MCL 400.117e, or if a county
operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 707. In order to be reimbursed for child care fund
expenditures, counties are required to submit department-developed
reports to enable the department to document potential federally
claimable expenditures. This requirement is in accordance with the
reporting requirements specified in section 117a(7) of the social
welfare act, 1939 PA 280, MCL 400.117a.
Sec. 708. (1) As a condition of receiving funds appropriated
in part 1 for the child care fund line item, by December 15 of the
current fiscal year, counties shall have an approved service
spending plan for the current fiscal year. Counties must submit the
service spending plan to the department by October 1 of the current
fiscal year for approval. The department shall approve within 30
House Bill No. 4328 (H-1) as amended April 23, 2013
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 submit a report to the house and
senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy
offices by February 15 of the current fiscal year on the number of
counties that fail to submit a service spending plan by October 1
and the number of service spending plans not approved by December
15.
[Sec. 710. (1) The department, in conjunction with members from the
department of education, the house and senate appropriations subcommittees on the department budget, and the house and senate appropriations subcommittees on the department of education budget, shall convene a workgroup by October 15 of the current fiscal year to study the feasibility of a public school academy providing a residential program including lodging, meals, and other essential wraparound services for at-risk youth.
(2) The workgroup study shall include all of the following, but not limited to:
(a) Eligibility requirements.
(b) Estimated service needs of the youth.
(c) Anticipated costs and possible fund sources.
(d) Metrics and data needed to determine a successful program.
(e) Potential increases in student achievement.
(3) By March 15, 2014, the department shall submit to the house and senate appropriations subcommittees on the department budget and the house and senate appropriations subcommittees on the department of education budget a report detailing the workgroup findings.]
Sec. 711. The report referenced under section 1205(1) of 2012
PA 200 shall be provided not later than June 30 of the current
fiscal year 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.
[Sec. 719. From the funds appropriated in part 1, the department shall operate 1 juvenile justice facility that has capacity to provide secure residential treatment to not more than 40 youth. By no later than January 1, 2014, the department shall close or reduce the capacity of its current facilities to meet the requirements of this section.]
Sec. 720. The department shall submit a quarterly report by
November 1, February 1, May 1, and August 1 of the current fiscal
year to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the
house and senate policy offices on the current placement and status
of the youth transferred from the state juvenile justice facilities
closed during the current fiscal year.
Sec. 721. The department shall post a request for proposals
for a contract with not less than 1 private provider of residential
services for juvenile justice youth to be a residential facility of
last resort.
Sec. 722. The department shall ensure that staff employed at
the state juvenile justice facilities closed in the current fiscal
year are given priority for staff positions that they are qualified
to fulfill.
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.
Sec. 755. (1) It is the intent of the legislature that the
department shall have a supervisor-to-staff ratio, excluding the
supervisor-to-staff ratio required by the children's rights
settlement agreement, of 1 supervisor to 12 staff members.
(2) It is the intent of the legislature that the department
shall have not more than 1 administrative support worker for every
9.5 staff members.
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. 1105. The department shall report to the house and senate
appropriations subcommittees on the department budget, the house
and senate fiscal agencies, the house and senate policy offices,
and the state budget office by February 15 of the current fiscal
year on the number of homes, the approximate value of each home,
whether the home is a single or multifamily home, and the square
footage of each home weatherized through the appropriations in
section 104 during the preceding quarter of the calendar year.
ONE-TIME BASIS ONLY
Sec. 1208. From the funds appropriated in part 1 for Seita
scholarship program, the department shall allocate $750,000.00 to
the Seita scholarship program.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1301. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE XII
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part are appropriated for the judicial
branch for the fiscal year ending September 30, 2014, 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............ 480.0
GROSS APPROPRIATION.................................... $ 273,709,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,350,500
ADJUSTED GROSS APPROPRIATION........................... $ 271,358,500
Federal revenues:
Total federal revenues................................. 5,343,900
Special revenue funds:
Total local revenues................................... 7,133,100
Total private revenues................................. 931,500
Total other state restricted revenues.................. 86,115,900
State general fund/general purpose..................... $ 171,834,100
Sec. 102. SUPREME COURT
Full-time equated exempted positions............ 245.0
Supreme court administration--92.0 FTE positions....... $ 13,101,300
Judicial institute--13.0 FTE positions................. 2,132,900
State court administrative office--61.0 FTE positions.. 11,590,900
Judicial information systems--22.0 FTE positions....... 3,012,000
Direct trial court automation support--44.0 FTE
positions............................................ 7,133,100
Foster care review board--10.0 FTE positions........... 1,271,000
Community dispute resolution--3.0 FTE positions........ 2,360,600
Other federal grants................................... 275,100
Drug treatment courts.................................. 7,083,000
Community court pilot project.......................... 20,000
Mental health courts................................... 2,100,000
Swift and sure sanctions program....................... 6,000,000
GROSS APPROPRIATION.................................... $ 56,079,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of state police.................... 1,500,000
IDG from department of corrections..................... 50,000
IDG from state police - Michigan justice training fund. 334,500
Federal revenues:
DOJ, victims assistance programs....................... 55,700
DOJ, drug court training and evaluation................ 300,000
DOT, national highway traffic safety administration.... 818,700
HHS, access and visitation grant....................... 604,900
HHS, children's justice grant.......................... 226,800
HHS, court improvement project......................... 1,275,200
HHS, title IV-D child support program.................. 997,900
HHS, title IV-E foster care program.................... 381,300
Other federal grant revenues........................... 275,100
Special revenue funds:
Local - user fees...................................... 7,133,100
Private................................................ 185,900
Private - interest on lawyers trust accounts........... 255,700
Private - state justice institute...................... 408,600
Community dispute resolution fund...................... 2,360,600
Court of appeals filing/motion fees.................... 1,641,800
Law exam fees.......................................... 628,100
Drug court fund........................................ 1,920,500
Miscellaneous revenue.................................. 268,600
Justice system fund.................................... 560,300
State court fund....................................... 372,700
State general fund/general purpose..................... $ 33,523,900
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions............ 175.0
Court of appeals operations--175.0 FTE positions....... $ 22,248,500
GROSS APPROPRIATION.................................... $ 22,248,500
Appropriated from:
State general fund/general purpose..................... $ 22,248,500
Sec. 104. BRANCHWIDE APPROPRIATIONS
Full-time equated exempted positions.............. 4.0
Branchwide appropriations--4.0 FTE positions........... $ 8,621,000
GROSS APPROPRIATION.................................... $ 8,621,000
Appropriated from:
State general fund/general purpose..................... $ 8,621,000
Sec. 105. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions...................... 605.0
Supreme court justices' salaries--7.0 justices......... $ 1,152,300
Court of appeals judges' salaries--28.0 judges......... 4,240,300
District court judges' state base salaries--249.0
judges............................................... 23,044,500
District court judicial salary standardization......... 11,385,300
Probate court judges' state base salaries--103.0
judges............................................... 9,627,900
Probate court judicial salary standardization.......... 4,669,600
Circuit court judges' state base salaries--218.0
judges............................................... 20,534,600
Circuit court judicial salary standardization.......... 9,967,900
Judges' retirement system defined contributions........ 4,185,300
OASI, social security.................................. 5,639,300
GROSS APPROPRIATION.................................... $ 94,447,000
Appropriated from:
Special revenue funds:
Court fee fund......................................... 4,890,200
State general fund/general purpose..................... $ 89,556,800
Sec. 106. JUDICIAL AGENCIES
Full-time equated exempted positions.............. 7.0
Judicial tenure commission--7.0 FTE positions.......... $ 1,101,700
GROSS APPROPRIATION.................................... $ 1,101,700
Appropriated from:
State general fund/general purpose..................... $ 1,101,700
Sec. 107. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions............. 49.0
Appellate public defender program--42.0 FTE positions.. $ 6,432,500
Appellate assigned counsel administration--7.0 FTE
positions............................................ 1,041,300
GROSS APPROPRIATION.................................... $ 7,473,800
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund. 466,000
Federal revenues:
Other federal grant revenues........................... 408,300
Special revenue funds:
Private - interest on lawyers trust accounts........... 81,300
Miscellaneous revenue.................................. 131,100
State general fund/general purpose..................... $ 6,387,100
Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance........................ $ 7,937,000
GROSS APPROPRIATION.................................... $ 7,937,000
Appropriated from:
Special revenue funds:
State court fund....................................... 7,937,000
State general fund/general purpose..................... $ 0
Sec. 109. TRIAL COURT OPERATIONS
Court equity fund reimbursements....................... $ 60,835,100
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 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is $257,950,000.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $127,899,600.00. 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.................................. 7,083,000
Mental health courts................................... 1,997,600
Swift and sure sanctions program....................... 5,900,000
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......... $ 11,385,300
Probate court judges' state base salaries.............. 9,627,900
Probate court judicial salary standardization.......... 4,669,600
Circuit court judicial salary standardization.......... 9,967,900
Grant to OASI contribution fund, employers share,
social security..................................... 956,300
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.................................................. $ 127,899,600
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 part shall be
completed with the approval of, and at the direction of, the
supreme court, except as otherwise provided in this part. The
judicial branch shall use the Internet to fulfill the reporting
requirements of this part. This may include transmission of reports
via electronic mail to the recipients identified for each reporting
requirement, or it may include placement of reports on an Internet
or Intranet site.
Sec. 212. The judicial branch 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. 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 dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. Not later than November 15, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
program or program areas. The report shall be transmitted to the
chairpersons of the senate and house appropriations committees, and
the senate and house fiscal agencies.
Sec. 221. From the funds appropriated in part 1, the judicial
branch shall develop, post, and maintain, on a user-friendly and
publicly accessible Internet site, all expenditures made by the
judicial branch within a fiscal year. The posting shall include the
purpose for which each expenditure is made. The judicial branch
shall not provide financial information on its website under this
section if doing so would violate a federal or state law, rule,
regulation, or guideline that establishes privacy or security
standards applicable to that financial information.
Sec. 222. Within 14 days after the release of the executive
budget recommendation, the judicial branch shall 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, 2013 and
September 30, 2014.
Sec. 223. The judicial branch shall maintain, on a publicly
accessible website, a scorecard that identifies, tracks, and
regularly updates key metrics that are used to monitor and improve
the judiciary's performance.
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, the state court administrative office
shall provide an update on the status of the mental health courts
to the state budget director, the senate and house appropriations
subcommittees on the judiciary, and the senate and house fiscal
agencies.
Sec. 310. From the funds appropriated in part 1 for drug
treatment court programs, with the approval of and at the
discretion of the supreme court, the state court administrative
office shall evaluate and collect data on the performance of drug
treatment court programs. The state court administrative office
shall provide an annual review of the performance of drug courts as
prescribed in section 1078(6) of the revised judicature act of
1961, 1961 PA 236, MCL 600.1078. 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 $1,500,000.00 in Byrne formula
grant funding as an interdepartmental grant from the department of
state police to be used for expansion of drug treatment courts, to
assist in avoiding prison bed space growth for nonviolent offenders
in collaboration with the department of corrections.
Sec. 312. From the funds appropriated in part 1, the state
court administrator shall produce a statistical report regarding
the implementation of the parental rights restoration act, 1990 PA
211, MCL 722.901 to 722.908, as it pertains to minors seeking a
court-issued waiver of parental consent. The state court
administrative office shall report the total number of petitions
filed and the total number of petitions granted 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 the
swift and sure sanctions program, the state court administrative
office shall administer a program to distribute grants to
qualifying courts in accordance with the objectives and
requirements of the probation swift and sure sanctions act. Of the
$6,000,000.00 designated for the program, not more than $100,000.00
shall be available to the state court administrative office to pay
for employee costs associated with the administration of the
program funds. Courts interested in participating in the swift and
sure sanctions program may apply to the state court administrative
office for a portion of the funds appropriated in part 1 under this
section.
(2) By April 1 a court that receives funding under this
section shall provide a report on the program to the state budget
director, the senate and house appropriations subcommittees on the
judiciary, and the senate and house fiscal agencies. The report
shall include all of the following:
(a) The number of offenders who participate in the program.
(b) The criminal history of offenders who participate in the
program.
(c) The recidivism rate of offenders who participate in the
program, including the rate of return to jail, prison, or both.
(d) A detailed description of the establishment and parameters
of the program.
(3) As used in this section, "program" means a swift-and-sure
sanctions program.
Sec. 321. It is the intent of the legislature that the
judicial branch support a statewide legal self-help Internet
website and local nonprofit self-help centers that use the
statewide website to provide assistance to individuals representing
themselves in civil legal proceedings. The state court
administrative office shall evaluate the effectiveness of the
website, summarize the costs of maintaining the website, estimate
the savings the website generates for the state court system, and
report this information to the legislature.
Sec. 322. If Byrne formula grant funding is awarded to the
state appellate defender, the state appellate defender office may
receive and expend Byrne formula grant funds in an amount not
exceeding $250,000.00 as an interdepartmental grant from the
department of state police. If the appellate defender appointed
under section 3 of the appellate defender act, 1978 PA 620, MCL
780.713, receives federal grant funding from the department of
justice in excess of the amount appropriated in part 1, the office
of appellate defender may receive and expend grant funds in an
amount not exceeding $300,000.00 as other federal grants.
Sec. 323. The state court administrative office shall provide
courts quarterly with a listing of out-of-state placements by the
courts. The state court administrative office shall also provide
each judge who hears juvenile matters with the annual listing of
per diem costs of the public and private residential care providers
located or doing business in this state, and the recidivism data
for each facility if available, as provided by the department of
human services. The courts shall acknowledge the receiving of this
information.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE XIII
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. The amounts listed in this part are appropriated for
the department of licensing and regulatory affairs, subject to the
conditions set forth in this article, for the fiscal year ending
September 30, 2014, 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........ 3,152.8
GROSS APPROPRIATION.................................... $ 561,930,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,221,900
ADJUSTED GROSS APPROPRIATION........................... $ 548,708,800
Federal revenues:
Total federal revenues................................. 191,887,800
Special revenue funds:
Total local revenues................................... 656,500
Total private revenues................................. 2,011,800
Total other state restricted revenues.................. 316,312,800
State general fund/general purpose..................... $ 37,839,900
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 120.0
Unclassified salaries--57.5 FTE positions.............. $ 4,590,900
Executive director programs--31.0 FTE positions........ 5,110,000
Administrative services--85.0 FTE positions............ 9,092,100
Office of regulatory reinvention--4.0 FTE positions.... 477,000
Property management.................................... 10,784,100
Rent................................................... 7,711,600
Worker's compensation.................................. 625,000
Special project advances............................... 200,000
GROSS APPROPRIATION.................................... $ 38,590,700
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 801,600
DOL-ETA, unemployment insurance........................ 10,039,000
Federal revenues....................................... 673,200
Title XVIII Medicare................................... 451,600
Title XIX Medicaid..................................... 21,700
Title XIX Medicaid, facility certification fees........ 287,300
Special revenue funds:
Local revenues......................................... 127,500
Private - special project advances..................... 200,000
Aboveground storage tank fees.......................... 56,100
Accountancy enforcement fund........................... 25,000
Bank fees.............................................. 363,900
Boiler fee revenue..................................... 249,400
Builder enforcement fund............................... 50,000
Construction code fund................................. 1,397,400
Consumer finance fees.................................. 39,100
Contingent fund, regular penalty and interest.......... 39,900
Corporation fees....................................... 4,137,100
Credit union fees...................................... 306,600
Deferred presentment service transaction fees.......... 62,600
Elevator fees.......................................... 276,500
Fees and collections/asbestos.......................... 104,200
Fire service fees...................................... 771,500
Health professions regulatory fund..................... 1,668,000
Health systems fees.................................... 255,800
Insurance bureau fund.................................. 348,700
Insurance licensing and regulation fees................ 1,621,600
Licensing and regulation fees.......................... 1,089,600
Liquor license revenue................................. 39,600
Liquor purchase revolving fund......................... 4,529,200
MBLSLA fund............................................ 88,900
Mobile home code fund.................................. 336,400
Motor carrier fees..................................... 260,700
Private occupational school license fees............... 25,000
Public utility assessments............................. 2,391,100
Radiological health fees............................... 95,600
Safety education and training fund..................... 805,800
Second injury fund..................................... 255,500
Securities fees........................................ 2,638,800
Self-insurers security fund............................ 92,300
Silicosis and dust disease fund........................ 113,900
Survey and remonumentation fund........................ 53,000
Tax tribunal fund...................................... 853,600
Video franchise assessments............................ 4,000
Worker's compensation administrative revolving fund.... 139,600
State general fund/general purpose..................... $ 402,800
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 329.0
Administration--39.0 FTE positions..................... $ 7,392,800
Financial evaluation--170.0 FTE positions.............. 31,064,100
Regulatory compliance and consumer assistance--120.0
FTE positions........................................ 19,184,400
GROSS APPROPRIATION.................................... $ 57,641,300
Appropriated from:
Federal revenues:
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 7,486,700
Captive insurance regulatory and supervision fund...... 279,400
Consumer finance fees.................................. 4,638,900
Credit union fees...................................... 6,786,700
Deferred presentment service transaction fees.......... 2,829,800
Insurance bureau fund.................................. 21,050,500
Insurance continuing education fees.................... 1,073,100
Insurance licensing and regulation fees................ 6,190,500
MBLSLA fund............................................ 4,594,900
Multiple employer welfare arrangement.................. 72,600
Securities fees........................................ 638,200
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION
Full-time equated classified positions.......... 184.0
Public service commission--181.0 FTE positions......... $ 29,265,100
METRO authority--3.0 FTE positions..................... 377,200
GROSS APPROPRIATION.................................... $ 29,642,300
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 9,000
DOT, gas pipeline safety............................... 950,000
Special revenue funds:
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 2,520,300
Public utility assessments............................. 25,050,400
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.......... 146.0
Management support services--25.0 FTE positions........ $ 4,185,100
Liquor licensing and enforcement--121.0 FTE positions.. 14,523,800
GROSS APPROPRIATION.................................... $ 18,708,900
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 120,000
Liquor license revenue................................. 7,510,400
Liquor purchase revolving fund......................... 11,078,500
State general fund/general purpose..................... $ 0
Sec. 106. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 849.3
Boiler inspection program--23.0 FTE positions.......... $ 3,172,900
Bureau of fire services--95.0 FTE positions............ 11,792,800
Bureau of construction codes--100.0 FTE positions...... 8,731,600
Corporations, securities, and commercial licensing
bureau--188.0 FTE positions.......................... 25,370,600
Elevator inspection program--30.0 FTE positions........ 3,545,600
Bureau of health care services--350.4 FTE positions.... 53,731,800
Medical marihuana program--9.0 FTE positions........... 4,200,000
Radiological health administration--21.4 FTE positions. 3,345,400
Background check program--5.5 FTE positions............ 2,498,100
Manufactured housing and land resources program--18.0
FTE positions........................................ 2,874,700
Property development group--9.0 FTE positions.......... 1,767,500
GROSS APPROPRIATION.................................... $ 121,031,000
Appropriated from:
Interdepartmental grant revenues:
IDG - DCH, inspection contract......................... 100,000
Federal revenues:
Clinical lab improvement............................... 386,700
DOT.................................................... 60,000
Federal funds.......................................... 1,255,300
FEMA................................................... 28,000
Mammography quality standards.......................... 744,500
Title XVIII Medicare................................... 11,380,600
Title XIX Medicaid..................................... 702,900
Title XIX Medicaid, facility certification fees........ 7,315,600
Special revenue funds:
Private - civil monetary penalties..................... 200,000
Aboveground storage tank fees.......................... 441,100
Accountancy enforcement fund........................... 404,800
Boiler fee revenue..................................... 3,627,500
Builder enforcement fund............................... 450,800
Construction code fund................................. 7,093,400
Corporation fees....................................... 6,728,000
Elevator fees.......................................... 3,969,200
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,346,000
Fireworks safety fund.................................. 652,700
Health professions regulatory fund..................... 22,749,700
Health systems fees.................................... 3,230,900
Licensing and regulation fees.......................... 10,998,200
Liquor purchase revolving fund......................... 3,003,900
Michigan medical marihuana fund........................ 4,200,000
Mobile home code fund.................................. 2,874,700
Nurse professional fund................................ 1,883,300
Pain management fees................................... 1,770,600
Private occupational school license fees............... 832,200
Property development fees.............................. 298,900
Radiological health fees............................... 2,600,900
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 338,100
Real estate enforcement fund........................... 694,300
Securities fees........................................ 4,071,300
Securities investor education and training fund........ 1,000,000
Security business fund................................. 340,100
Survey and remonumentation fund........................ 809,700
Unarmed combat fund.................................... 124,700
Underground storage tank fees.......................... 2,484,700
State general fund/general purpose..................... $ 8,625,300
Sec. 107. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 242.0
Occupational safety and health--210.0 FTE positions.... $ 27,543,000
Wage and hour division--32.0 FTE positions............. 3,520,600
GROSS APPROPRIATION.................................... $ 31,063,600
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 11,371,900
Special revenue funds:
Corporation fees....................................... 3,304,900
Fees and collections/asbestos.......................... 984,100
Safety education and training fund..................... 8,959,600
Securities fees........................................ 3,370,800
State general fund/general purpose..................... $ 3,072,300
Sec. 108. EMPLOYMENT SERVICES
Full-time equated classified positions........ 1,060.0
Workers' compensation agency--71.0 FTE positions....... $ 7,457,000
Insurance funds administration--25.0 FTE positions..... 5,138,900
Supplemental benefit fund.............................. 820,000
Unemployment insurance agency--767.7 FTE positions..... 86,652,500
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,301,300
Training program for agency staff--2.1 FTE positions... 1,849,500
Expanded fraud control program--33.2 FTE positions..... 3,811,400
Bureau of services for blind persons--107.0 FTE
positions............................................ 23,722,800
Employment and labor relations--20.0 FTE positions..... 3,984,500
GROSS APPROPRIATION.................................... $ 138,237,900
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 800,000
DOL-ETA, unemployment insurance........................ 90,000,000
Federal revenues....................................... 17,284,400
Special revenue funds:
Local revenues......................................... 529,000
Private revenues....................................... 111,800
Contingent fund, regular penalty and interest.......... 5,314,700
Corporation fees....................................... 1,892,000
Michigan commission for the blind business enterprise
program fund......................................... 562,000
Second injury fund..................................... 2,766,400
Securities fees........................................ 4,394,500
Self-insurers security fund............................ 1,308,200
Silicosis and dust disease fund........................ 1,064,300
Special fraud control fund............................. 1,000,000
Worker's compensation administrative revolving fund.... 2,383,000
State general fund/general purpose..................... $ 8,827,600
Sec. 109. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 222.5
Michigan administrative hearing system--193.0 FTE
positions............................................ $ 35,256,000
Michigan compensation appellate commission--29.5 FTE
positions............................................ 3,835,200
GROSS APPROPRIATION.................................... $ 39,091,200
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings and rules................ 13,121,900
Federal revenues:
DOL-ETA, unemployment insurance........................ 3,552,400
Federal revenue - administrative hearings and rules.... 8,531,000
Special revenue funds:
State restricted revenue - administrative hearings and
rules................................................ 12,641,000
Worker's compensation administrative revolving fund.... 282,800
State general fund/general purpose..................... $ 962,100
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 42,812,000
Liquor control commission IT upgrades.................. 2,000,000
GROSS APPROPRIATION.................................... $ 44,812,000
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 273,700
DOL-ETA, unemployment insurance........................ 21,482,400
Federal revenues....................................... 555,000
Title XVIII Medicare................................... 610,000
Title XIX Medicaid, facility certification fees........ 320,000
Special revenue funds:
Aboveground storage tank fees.......................... 24,500
Bank fees.............................................. 245,500
Boiler fee revenue..................................... 283,500
Construction code fund................................. 1,149,600
Consumer finance fees.................................. 27,100
Corporation fees....................................... 4,785,100
Credit union fees...................................... 243,100
Deferred presentment service transaction fees.......... 114,100
Elevator fees.......................................... 296,300
Fees and collections/asbestos.......................... 37,000
Fire service fees...................................... 281,500
Health professions regulatory fund..................... 1,132,800
Health systems fees.................................... 201,300
Insurance bureau fund.................................. 720,500
Insurance continuing education fees.................... 3,000
Insurance licensing and regulation fees................ 744,000
Licensing and regulation fees.......................... 1,769,300
Liquor purchase revolving fund......................... 4,782,400
MBLSLA fund............................................ 104,100
Mobile home code fund.................................. 248,200
Motor carrier fees..................................... 191,300
Pain management fees................................... 163,000
Public utility assessments............................. 1,550,800
Radiological health fees............................... 140,000
Safety education and training fund..................... 670,100
Second injury fund..................................... 150,600
Securities fees........................................ 973,900
Self-insurers security fund............................ 72,500
Silicosis and dust disease fund........................ 62,500
Tax tribunal fund...................................... 210,000
Underground storage tank fees.......................... 131,400
State general fund/general purpose..................... $ 61,900
Sec. 111. DEPARTMENT GRANTS
Fire protection grants................................. $ 9,273,900
Fireworks safety grants................................ 1,000,000
Liquor law enforcement grants.......................... 7,200,000
Remonumentation grants................................. 7,300,000
Private grant programs................................. 1,500,000
Subregional libraries state aid........................ 549,000
Utility consumer representation........................ 950,000
Youth low-vision program............................... 338,900
GROSS APPROPRIATION.................................... $ 28,111,800
Appropriated from:
Special revenue funds:
Private revenues....................................... 1,500,000
Fire protection fund................................... 8,500,000
Fireworks safety fund.................................. 1,000,000
Liquor license revenue................................. 7,200,000
Liquor purchase revolving fund, FPG.................... 773,900
Survey and remonumentation fund........................ 7,300,000
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 887,900
Sec. 112. AUTISM COVERAGE
Autism coverage reimbursement program.................. $ 15,000,000
GROSS APPROPRIATION.................................... $ 15,000,000
Appropriated from:
State general fund/general purpose..................... $ 15,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is $354,152,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $26,611,800.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Fire protection grants................................. $ 9,273,900
Fireworks safety grants................................ 1,000,000
Liquor law enforcement................................. 7,200,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 549,000
Utility customer representation........................ 950,000
Youth low-vision program............................... 338,900
Total department of licensing and regulatory
affairs.............................................. $ 26,611,800
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 licensing and
regulatory affairs.
(b) "Director" means the director of the department.
(c) "DOL" means the United States department of labor.
(d) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(e) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $20,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $31,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $8,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $600,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall maintain a searchable website
accessible by the public at no cost that includes, but is not
limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of part 1. This
requirement may include transmission of reports via electronic mail
to the recipients identified for each reporting requirement, or it
may include placement of reports on 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. (1) Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of technology, management, and budget. Funds designated
in this manner are not available for expenditure until approved as
work projects under section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a.
(2) The funds appropriated in part 1 for liquor control
commission information technology are designated as work project
appropriations and shall not lapse at the end of the fiscal year.
Any unencumbered and unexpended funds shall continue to be
available for expenditure until the project has been completed.
Additional appropriations in future budgets are anticipated to
complete the work project within an estimated 5 years.
Sec. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies or reports unless
otherwise required by federal and state guidelines.
Sec. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
departments and agencies and the department of technology,
management, and budget.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, each department shall prepare a
travel report listing all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in
the department's budget. The report shall be submitted to the
senate and house of representatives standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 219. It is the intent of the legislature that all
principal executive departments and agencies cooperate with the
development and implementation of the department of technology,
management, and budget statewide office space consolidation plan.
Sec. 220. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended. Within
14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 225. Within 10 days after the receipt of a grant
appropriated in the private grant funded projects line item in part
1, the department shall notify the house and senate chairpersons of
the subcommittees, the fiscal agencies, and the state budget
director of the receipt of the grant, including the funding source,
purpose, and amount of the grant.
Sec. 227. (1) The department shall sell documents at a price
not to exceed the cost of production and distribution. Money
received from the sale of these documents shall revert to the
department. In addition to the funds appropriated in part 1, these
funds are available for expenditure when they are received by the
department of treasury. This subsection applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary
commission operations manual, and other local government assistance
manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2349; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act (2002),
2008 PA 551, MCL 451.2101 to 451.2703.
(e) Worker's compensation health care services rules.
(f) Construction code manuals.
(g) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds
collected by the department under sections 55, 57, 58, and 59 of
the administrative procedures act of 1969, 1969 PA 306, MCL 24.255,
24.257, 24.258, and 24.259, and section 203 of the legislative
council act, 1986 PA 268, MCL 4.1203, are appropriated for all
expenses necessary to provide for the cost of publication and
distribution. The funds appropriated under this section are
allotted for expenditure when they are received by the department
of treasury and shall not lapse to the general fund at the end of
the fiscal year.
Sec. 228. 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 licensing and
regulatory affairs, respectively, and the senate and house fiscal
agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state
restricted fund expenditures for the fiscal year ending September
30, 2014.
Sec. 230. By October 31, 2013, the department shall identify
10 principal measurable outcomes to be affected by expenditure of
the funds appropriated in part 1 and submit a report to the house
and senate appropriations committees, the house and senate fiscal
agencies, and the state budget director that ranks the outcomes by
level of importance and contains current data on those outcomes.
Beginning on April 1, 2014, the department shall provide biannual
updates to the house and senate appropriations committees on
changes in those measurable outcomes and departmental efforts to
improve the outcomes.
Sec. 230a. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
Sec. 231. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 232. The department shall not develop, create, or
otherwise produce any video productions distributed via television.
Sec. 240. (1) It is the intent of the legislature that
departments and agencies receiving appropriations in part 1
properly account for their spending and do not use full-time
equated positions as placeholders for spending in other parts of
their budgets.
(2) No later than February 1, the department shall provide a
report to the legislature specifying the number of filled, full-
time equated positions in pay status within each agency receiving
appropriations in part 1 during the immediately preceding fiscal
year. When reporting on the number of filled, full-time equated
positions in pay status, the department shall provide the maximum
number of filled, full-time equated positions in pay status by
appropriation line item in the last pay period of each quarter of
the immediately preceding fiscal year. The report shall also
include a list of all funded, full-time equated positions by
position title.
Sec. 250. It is the intent of the legislature that the
department continue the prefunding of other postemployment benefits
for state employees hired before January 1, 2012, with the amounts
appropriated in part 1 pursuant to the amendments made by 2011 PA
264 to the state employees' retirement act, 1943 PA 240, MCL 38.1
to 38.69.
REGULATORY
Sec. 301. (1) The appropriation in part 1 for fire protection
grants shall be appropriated to cities, villages, and townships
with state-owned facilities for fire services, instead of taxes, in
accordance with 1977 PA 289, MCL 141.951 to 141.956.
(2) Cities, villages, and townships with state-owned
facilities shall report to the department no later than January 1
on a form developed by the department in order to be eligible to
receive funds appropriated in part 1 for fire protection grants.
The report shall indicate all of the following:
(a) The ability to respond to state facilities in their
service area.
(b) The cost for being prepared and able to respond to fire
service situations during the most recent fiscal year.
(c) The fire-related activities of police and fire departments
on state property.
(d) The costs of these activities.
(e) The expenditures from fire protection grants.
(3) The department shall prepare a summary of the local
submissions and provide it to the subcommittees, fiscal agencies,
and the state budget director by March 31.
Sec. 302. Money appropriated in part 1 for the bureau of fire
services shall not be expended unless, in accordance with section
2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection
and plan review fees will be charged according to the following
schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 303. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in the
Michigan administrative code and as determined under section 8 of
1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year.
Sec. 304. The department may make available to interested
entities otherwise unavailable customized listings of
nonconfidential information in its possession, such as names and
addresses of licensees. The department may establish and collect a
reasonable charge to provide this service. The revenue received
from this service shall be used to offset expenses to provide the
service. Any balance of this revenue collected and unexpended at
the end of the fiscal year shall revert to the appropriate
restricted fund.
Sec. 305. (1) It is the intent of the legislature that the
department expend the amount appropriated in part 1 for fireworks
safety grants to local units of government to defray inspection
costs associated with the enforcement of the Michigan fireworks
safety act, 2011 PA 256, MCL 28.451 to 28.471.
(2) In order to be eligible to receive funds appropriated in
part 1 for a fireworks safety grant, a local unit of government
shall report to the department no later than January 1 on a form
developed by the department. The report shall indicate all of the
following:
(a) The annual costs of inspections associated with the
enforcement of the Michigan fireworks safety act, 2011 PA 256, MCL
28.451 to 28.471.
(b) The annual costs of enforcement activities associated with
the enforcement of the Michigan fireworks safety act, 2011 PA 256,
MCL 28.451 to 28.471.
(3) No later than February 1, the department shall submit a
report to the subcommittees and fiscal agencies providing all of
the following information:
(a) The total amount of grants made to local units of
government from funds appropriated in part 1 for fireworks safety
grants during the preceding fiscal year.
(b) Each local unit of government awarded a grant from the
funds appropriated in part 1 for fireworks safety grants and the
amount of each grant that was awarded during the preceding fiscal
year.
Sec. 325. No later than February 15, the department shall
submit a report to the subcommittees and fiscal agencies providing
the following information:
(a) The number of honorably discharged veterans, individually
or if a majority interest of a corporation or limited liability
company, that were exempted from paying licensure, registration,
filing, or any other fees collected under each licensure or
regulatory program administered by the bureau of construction codes
and the corporations, securities, and commercial licensing bureau
during the preceding fiscal year.
(b) The specific fees and total amount of revenue exempted
under each licensure or regulatory program administered by the
bureau of construction codes and the corporations, securities, and
commercial licensing bureau during the preceding fiscal year.
(c) The actual costs of providing licensing and other
regulatory services to veterans exempted from paying licensure,
registration, filing, or any other fees and a description of how
these costs were calculated.
(d) The estimated amount of revenue that will be exempted
under each licensure or regulatory program administered by the
bureau of construction codes and the corporations, securities, and
commercial licensing bureau in the both the current and subsequent
fiscal years and a description of how the exempted revenue was
estimated.
Sec. 330. Funds earned or authorized by the DOL in excess of
the gross appropriation in part 1 for the unemployment insurance
agency from the DOL are appropriated and may be expended for
staffing and related expenses incurred in the operation of its
programs. These funds may be spent after the department notifies
the state budget director and the subcommittees of the purpose and
amount of each grant award.
Sec. 332. The unemployment insurance agency shall provide the
subcommittees, fiscal agencies, and state budget office with
quarterly status reports on the development of the agency's
integrated system project. The quarterly status reports shall
include, but not be limited to, a summary of the expenditures for
the project, project budget information, a summary of the tasks
completed and milestones reached to date, the percentage of the
total project completed to date, and a summary of the tasks
anticipated to be completed in the subsequent quarter.
Sec. 333. The department shall report quarterly to the members
of the house and senate committees on appropriations, the fiscal
agencies, and the state budget director on the percentage of
unemployment claimants that meet the certification requirements for
receiving benefits by using the Internet MARVIN system. The
department shall implement improvements to the Internet MARVIN
system that promote greater ease of access and security with a goal
of reaching 80% of users certifying by using the Internet MARVIN
system.
Sec. 340. MIOSHA shall provide an annual report by February 1
of each year to the state budget director, the fiscal agencies, and
the subcommittees on the number of individuals killed and the
number of individuals injured on the job within industries
regulated by the bureau during the most recent year for which data
are available.
Sec. 341. The department shall not promulgate or adopt a rule
more stringent than the applicable federal standard unless
specifically authorized by statute.
Sec. 368. No later than March 1, the department shall submit a
report to the state budget office, the fiscal agencies, and the
subcommittees, providing expenditure and revenue data and
statistical data on licensing and regulatory activities of the
corporations, securities, and commercial licensing bureau and the
bureau of construction codes during the previous fiscal year. To
the extent possible, the data required shall be reported for each
individual occupation, trade, or industry regulated.
Sec. 375. Revenues collected by the department pursuant to the
uniform securities act (2002), 2008 PA 551, MCL 451.2101 to
451.2703, the debt management act, 1975 PA 148, MCL 451.411 to
451.437, and the living care disclosure act, 1976 PA 440, MCL
554.801 to 554.844, that are unexpended at the end of the fiscal
year shall carry forward to the subsequent fiscal year and not
lapse to the general fund.
Sec. 380. Funds remaining in the homeowner construction lien
recovery fund are appropriated to the department for payment of
court-ordered homeowner construction lien recovery fund judgments
entered prior to August 23, 2010. Pursuant to available funds, the
payment of final judgments shall be made in the order in which the
final judgments were entered and began accruing interest.
Sec. 390. (1) The Michigan tax tribunal within the Michigan
administrative hearing system shall submit a report containing all
of the following for the previous fiscal year:
(a) The number of cases heard and the number of cases decided
by MAHS hearings officers, contractual hearings officers, and
tribunal members during the fiscal year.
(b) The number of case filings and dispositions and the number
of active and pending cases before the small claims division and
the entire tribunal.
(c) The average and maximum time elapsed, both tolled and
untolled, between case filings and final dispositions.
(d) The amount and percentage of tax tribunal fees generated
by motions to amend.
(2) The report required under subsection (1) shall be
submitted to the subcommittees, fiscal agencies, and state budget
office not later than November 1.
Sec. 391. In addition to the funds appropriated in part 1, the
funds collected by the office of financial and insurance regulation
in connection with a conservatorship pursuant to section 32 of the
mortgage brokers, lenders, and servicers licensing act, 1987 PA
173, MCL 445.1682, and funds collected by the department from
corporations being liquidated pursuant to the insurance code of
1956, 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated
for all expenses necessary to provide for the required services.
Funds are available for expenditure when they are received by the
department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 610. (1) The appropriation in part 1 for the bureau of
services for blind persons includes funds for case services. These
funds may be used for tuition payments for blind clients.
(2) Revenue collected by the bureau of services for blind
persons and local sources that is unexpended at the end of the
fiscal year may carry forward to the subsequent fiscal year.
Sec. 613. (1) The funds appropriated in part 1 for a regional
or subregional library shall not be released until a budget for
that regional or subregional library has been approved by the
department for expenditures for library services directly serving
the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated
in part 1, a regional or subregional library's fiscal agency shall
agree to maintain local funding support at the same level in the
current fiscal year as in the fiscal agency's preceding fiscal
year. If a reduction in expenditures equally affects all agencies
in a local unit of government that is the regional or subregional
library's fiscal agency, that reduction shall not be interpreted as
a reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1. If a
reduction in income affects a library cooperative or district
library that is a regional or subregional library's fiscal agency
or a reduction in expenditures for the regional or subregional
library's fiscal agency, a reduction in expenditures for the
regional or subregional library shall not be interpreted as a
reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1.
Sec. 615. The department may provide and enter into agreements
to provide general services, training, meetings, information,
special equipment, software, facility use, and technical consulting
services to other principal executive departments, state agencies,
local units of government, the judicial branch of government, other
organizations, and patrons of department facilities. The department
may charge fees for these services that are reasonably related to
the cost of providing the services. In addition to the funds
appropriated in part 1, funds collected by the department for these
services are appropriated for all expenses necessary. The funds
appropriated under this section are allotted for expenditure when
they are received by the department of treasury.
Sec. 714. (1) The department shall report by April 1 to the
subcommittees, fiscal agencies, and state budget director on the
timeliness of nursing facility complaint investigations and the
number of allegations that are substantiated on an annual basis.
The report shall consist of the number of allegations filed by
consumers and the number of facility-reported incidents. The
department shall make every effort to contact every complainant and
the subject of a complaint during an investigation.
(2) The department shall gather information on its most
frequently cited complaint deficiencies for the prior 3 fiscal
years and include that information in the report required under
subsection (1). The department shall determine whether there is an
increase in the number of citations from 1 year to the next and
assess the cause of the increase, if any, and whether education and
training of nursing facility staff or department staff is needed.
Sec. 726. (1) The department shall submit a report by January
1 to the standing committees on appropriations of the senate and
house of representatives, the fiscal agencies, and the state budget
director that includes all of the following information for the
prior fiscal year regarding the medical marihuana program under the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430:
(a) The number of initial applications received.
(b) The number of initial applications approved and the number
of initial applications denied.
(c) The average amount of time, from receipt to approval or
denial, to process an initial application.
(d) The number of renewal applications received.
(e) The number of renewal applications approved and the number
of renewal applications denied.
(f) The average amount of time, from receipt to approval or
denial, to process a renewal application.
(g) The percentage of initial applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(h) The percentage of renewal applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(i) The percentage of registry cards for approved initial
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(j) The percentage of registry cards for approved renewal
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(k) The amount collected from the medical marihuana program
application and renewal fees authorized in section 5 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26425.
(l) The costs of administering the medical marihuana program
under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421
to 333.26430.
(2) If the required fees are shown to be insufficient to
offset all expenses of implementing and administering the medical
marihuana program, the department shall review and revise the
application and renewal fees accordingly to ensure that all
expenses of implementing and administering the medical marihuana
program are offset as is permitted under section 5 of the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26425.
Sec. 732. From the appropriations made in part 1 for the
bureau of health systems, at least $530,000.00 must be expended for
activities related to the inspection and licensing of freestanding
surgical outpatient facilities.
Sec. 735. If the revenue collected by the department for
health systems administration or radiological health administration
and projects from fees and collections exceeds the amount
appropriated in part 1, the revenue may be carried forward into the
subsequent fiscal year. The revenue carried forward under this
section shall be used as the first source of funds in the
subsequent fiscal year.
AUTISM COVERAGE
Sec. 801. Of the amount appropriated in part 1 for the autism
coverage reimbursement program, $15,000,000.00 is appropriated and
may be expended by the department as provided in the autism
coverage reimbursement act, 2012 PA 101, MCL 550.1831 to 550.1841.
Sec. 802. (1) From the funds appropriated in part 1, the
department shall produce a report that contains all of the
following information on the autism coverage reimbursement program
for the fiscal year ending September 30, 2013:
(a) The number of reimbursements for diagnosis or treatment in
each county.
(b) The average cost of a diagnosis reimbursement.
(c) The average cost of a treatment reimbursement.
(2) By December 15, 2013, the department shall provide the
report required under subsection (1) to the house and senate
appropriations committees, the fiscal agencies, and the state
budget director using all available information at that time.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE XIV
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part for the department of military and
veterans affairs are appropriated for the fiscal year ending
September 30, 2014 from the funds indicated in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 871.0
GROSS APPROPRIATION.................................... $ 162,590,100
Total interdepartmental grants and intradepartmental
transfers............................................ 650,000
Schedule of interdepartmental grant revenue sources:
IDG-state police.............................. 650,000
ADJUSTED GROSS APPROPRIATION........................... $ 161,940,100
Total federal revenues................................. 89,773,800
Schedule of federal revenue sources:
DOD-DOA-NGB................................ 59,890,800
DVA-VHA.................................... 26,810,700
Federal counter narcotic revenue............... 50,000
HHS-HCFA, title XIX, Medicaid.................. 87,600
HHS-HCFA, Medicare, hospital insurance...... 2,934,700
Total local revenues................................... 1,500,000
Schedule of local revenue sources:
Local - school aid fund..................... 1,500,000
Total private revenues................................. 740,000
Schedule of private revenue sources:
Private-veterans' homes post and posthumous
funds........................................ 540,000
Private donations............................. 200,000
Total other state restricted revenues.................. 27,547,600
Schedule of restricted revenue sources:
Lease revenue.................................. 12,200
Income and assessments..................... 19,825,700
Mackinac bridge authority...................... 70,000
Michigan family relief fund................. 1,000,000
Michigan national guard armory construction
fund....................................... 1,000,000
Michigan veterans' trust fund............... 5,193,300
Rental fees................................... 346,400
Test project fees............................. 100,000
State general fund/general purpose..................... $ 42,378,700
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 38,378,700
One-time state general fund/general
purpose.................................... 4,000,000
Sec. 102. Headquarters and Armories
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions.......... 284.0
Unclassified positions................................. $ 1,336,700
Headquarters and armories.............................. 49,270,300
GROSS APPROPRIATION.................................... $ 50,607,000
Appropriated from:
Interdepartmental grant revenues....................... 650,000
Federal revenues....................................... 37,918,300
State restricted revenues.............................. 911,400
State general fund/general purpose..................... $ 11,127,300
Schedule of programs:
Headquarters and armories.................. 13,705,300
Military appeals tribunal......................... 800
State active duty............................. 100,100
Homeland security............................. 650,000
Military training sites and support
facilities................................ 31,634,300
Military training sites and support facilities
test projects................................ 100,000
Departmentwide accounts..................... 1,923,200
Counter narcotic operations.................... 50,000
Information technology services and
projects................................... 1,106,600
Sec. 103. VETERANS AND COMMUNITY OUTREACH
Full-time equated classified positions........... 86.0
Veterans and community outreach........................ $ 20,559,000
GROSS APPROPRIATION.................................... $ 20,559,000
Appropriated from:
Federal revenues....................................... 5,124,000
Local revenues......................................... 1,500,000
Private revenues....................................... 200,000
State restricted revenues............................... 5,793,300
State general fund/general purpose..................... $ 7,941,700
Schedule of programs:
Veterans advice, advocacy, and assistance
grants..................................... 2,904,600
Michigan veterans affairs agency............ 5,017,000
Veterans' trust fund administration......... 1,446,800
Veterans' trust fund grants................. 3,746,500
Michigan emergency volunteers.................. 20,000
ChalleNGe program........................... 4,502,000
Military family relief fund................... 600,000
Starbase grant.............................. 2,322,000
College campus veterans outreach initiative....... 100
Sec. 104. HOMES
Full-time equated classified positions.......... 501.0
Homes.................................................. $ 65,672,900
GROSS APPROPRIATION.................................... $ 65,672,900
Appropriated from:
Federal revenues....................................... 29,431,500
Private revenues....................................... 540,000
State restricted revenues.............................. 19,842,900
State general fund/general purpose..................... $ 15,858,500
Schedule of programs:
Grand Rapids veterans' home................ 46,097,900
Board of managers (Grand Rapids).............. 665,000
D.J. Jacobetti veterans' home.............. 18,535,000
Board of managers (Jacobetti)................. 275,000
IDG to legislative council (veterans' facility
ombudsman)................................... 100,000
Sec. 105. CAPITAL OUTLAY
Capital outlay......................................... $ 21,751,200
GROSS APPROPRIATION.................................... $ 21,751,200
Appropriated from:
Federal revenues....................................... 17,300,000
State restricted revenues.............................. 1,000,000
State general fund/general purpose..................... $ 3,451,200
Schedule of programs:
Special maintenance – headquarters and
armories.................................. 20,351,200
Special maintenance – veterans homes.......... 400,000
Land acquisitions........................... 1,000,000
Sec. 106. ONE-TIME APPROPRIATIONS
Michigan veterans affairs agency....................... $ 3,955,000
County counselor education and training expenses....... 45,000
GROSS APPROPRIATION.................................... $ 4,000,000
Appropriated from:
State general fund/general purpose..................... $ 4,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is $69,926,300.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $165,000.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Headquarters and armories.............................. $ 70,000
Schedule of programs:
Payments in lieu of taxes...................... 70,000
Veterans and community outreach........................ $ 50,000
Schedule of programs:
County counselor education and training
expenses...................................... 50,000
One-time appropriations: county counselor education and
training expenses.................................... 45,000
TOTAL.................................................. $ 165,000
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "Department" means the department of military and veterans
affairs.
(b) "DOD" means the United States department of defense.
(c) "DOD-DOA-NGB" means the DOD department of the army,
national guard bureau.
(d) "DVA" means the United States department of veterans
affairs.
(e) "DVA-VHA" means the DVA veterans health administration.
(f) "FTE" means full-time equated.
(g) "HHS" means the United States department of health and
human services.
(h) "IDG" means interdepartmental grant.
(i) "Work project" means a group of activities featuring a
fixed duration, budget, and scope that is expected to cause a
measurable change in the delivery, efficiency, or effectiveness of
1 or more operations.
(j) "Large veterans service organization" means a VSO that can
certify that its membership exceeds 30,000 individuals.
(k) "Medium veterans service organization" means a VSO that
can certify that its membership is between 2,500 and 30,000
individuals.
(l) "Small veterans service organization" means a VSO that can
certify that its membership is between 1,000 and 2,499 individuals.
(m) "Subcommittees" means all members of the subcommittees of
the senate and house appropriations committees with jurisdiction
over the budget of the department.
(n) "VSO" means veterans service organization.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 207. The department shall maintain a searchable website
accessible by the public at no cost that includes, but is not
limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this part.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
or it may include placement of reports on an Internet or Intranet
site.
Sec. 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. In addition,
preference shall be given to goods or services, or both, that are
manufactured or provided by Michigan small businesses that have
veterans compose at least 35% of their total workforce. As used in
this section, "veteran" means that term as defined in section 261
of the management and budget act, 1984 PA 431, MCL 18.1261. As used
in this section, "small business" means that term as defined in
section 7a of the administrative procedures act of 1969, 1969 PA
306, MCL 24.207a.
Sec. 210. The department shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services, supplies, or both. The
director of the department shall strongly encourage firms with
which the department contracts to subcontract with certified
businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 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. 216. (1) Notwithstanding any other provision of this
article, the schedule of programs in part 1 lists programs which
may, but are not required to, be funded under this article.
(2) Notwithstanding any other provisions of this article, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed.
(3) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 218. The department and agencies receiving appropriations
in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a
listing of all travel by classified and unclassified employees
outside this state in the immediately preceding fiscal year that
was funded in whole or in part with funds appropriated in the
department's budget. The report shall be submitted to the house and
senate standing committees on appropriations, the house and senate
fiscal agencies, and the state budget director. The report shall
include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) The department shall provide quarterly reports,
beginning October 1, to the subcommittees and the senate and house
fiscal agencies, which provide the following data:
(a) A list of all major work projects, including a status
report of each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) Evidence of efficiencies and management of funds within
established appropriations.
(d) A list of armory closings during the fiscal quarter and
projected armory closings in the subsequent fiscal quarter.
(e) A list of property sales.
(f) A status of armories, including a list of all maintenance
projects completed in the quarter, including the cost of the
projects, and a list of all maintenance projects scheduled to begin
or be completed in the subsequent quarter, including the projected
cost of those projects.
(g) The number of active employees at the close of the fiscal
quarter by job classification and scheduled program.
(h) A summary of claims for veterans benefits as provided in
section 401.
(i) A summary of the activities of the Michigan veterans
affairs agency, including data on claims for veterans benefits
presented to the United States department of veterans affairs.
(j) A description of the process by which residents and others
may file complaints of alleged abuse or neglect at the veterans
homes, and summary statistics on the number and type of complaints
and final disposition of complaints received.
(2) The department shall provide all information necessary to
validate that the requirements of this part have been achieved.
(3) The department shall provide a corrective action plan
within 30 days of a quarterly report under this section for any
requirements of this part that have not been achieved. The
department shall provide a monthly status of corrective action
plans.
(4) The department shall provide a summary of fund shifts,
that have been approved by the state budget office, that have
occurred between items listed in the schedule of programs in part 1
on a quarterly basis to the subcommittees and the senate and house
fiscal agencies.
(5) The department shall provide a corrective action plan for
any service metrics that do not meet requirements. The department
shall provide a status of correction action plans at the next
quarterly review.
(6) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide to the subcommittees the results of the veterans' homes
annual veterans' affairs inspection and their corrective action
plans.
Sec. 220. The department shall provide the following data to
the subcommittees and the senate and house fiscal agencies on an
annual basis:
(a) Using information received from the grant recipients in
section 401 of this part, a progress report on metric requirements,
copies of certified financial audits and tax reports of grant
recipients, a listing from grant recipients of expenditures by
spending category, including a listing of individual salaries of
each officer and administrative staff, a listing of volunteer hours
including the hours, series, and donations provided to residents of
the Grand Rapids veterans' home and the D.J. Jacobetti veterans'
home. The department shall provide within the report a specific
notification whether any veterans grant recipients failed to comply
with established reporting requirements.
(b) The Grand Rapids veterans' home and the D.J. Jacobetti
veterans' home shall produce a report including an accounting of
member populations and bed space available, a description and
accounting of services and activities provided to members,
financial information, and current state nursing home licensure
status.
(c) A detailed report of the Michigan veterans' trust fund
that includes information on grants provided from the emergency
grant program, including details concerning the methodology of
allocations, the selection of emergency grant program authorized
agents, including a description of how the emergency grant program
is administered in each county, detailed breakdown of trust fund
expenditures for that year, including the amount distributed to
each county for administrative costs and emergency grants. The
report shall also provide an update on the department's efforts to
reduce program administrative costs.
Sec. 222. The appropriations in part 1 are for the core
services, support services, and work projects of the department,
including, but not limited to, the following core services:
armories and joint forces readiness, maintenance and operation of
army national guard training facilities, operation and maintenance
of air national guard air bases, the Michigan veterans affairs
agency, administration of the veterans trust fund, administration
and oversight of veterans advice, advocacy, and assistance grants,
training support for county veterans counselors and veterans
service organizations, administration of the military family relief
fund, the Michigan youth challenge academy program, the Starbase
program, and the administration of the Grand Rapids veterans' home
and the D.J. Jacobetti veterans' home.
Sec. 225. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those
activities that the attorney general authorizes.
Sec. 227. The department shall not exclude public employee
unions from the bid process for contract services.
Sec. 228. Not later than November 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriations lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriations lapses by
major departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house standing committees on appropriations, and the
senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
subcommittees and the senate and house fiscal agencies with an
annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the fiscal year ending September 30, 2014.
Sec. 230. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
HEADQUARTERS AND ARMORIES
Sec. 300. (1) From the funds appropriated in part 1, there is
funding to support unclassified employee positions as authorized by
section 5 of article XI of the state constitution of 1963. These
positions include the following: department director - the adjutant
general for Michigan; assistant adjutant general - army; assistant
adjutant general - installations; assistant adjutant general - air;
director – Michigan veterans affairs agency; deputy director -
installations command; director - strategy and policy; senior
policy executive - Michigan veterans affairs agency and director –
public safety project.
(2) Not less than 30 days prior to the department submitting a
request for an additional unclassified employee position from the
civil service commission, or for any substantive change to the
duties of an existing unclassified employee position, the
department shall notify the senate and house appropriations
subcommittees on state police and military affairs and the senate
and house fiscal agencies.
Sec. 302. (1) The department shall operate and maintain
national guard armories.
(2) The department shall provide resources necessary to ensure
that armories are maintained in accordance with army regulations.
(3) The department shall evaluate armories for consolidation,
energy, and utility efficiency, identify work projects that would
improve this efficiency, and submit a quarterly report on the
status and activities of the armories as provided in section 219.
(4) The department shall establish a system that measures the
condition and adequacy of armory facilities using both quality and
functionality criteria based off the installation status report-
infrastructure inspections that are conducted annually as a
requirement set forth by the national guard.
Sec. 304. (1) The department shall provide army national guard
forces, when directed, for state and local emergencies and in
support of national military requirements, and operate and maintain
army national guard training facilities, including Fort Custer and
Camp Grayling.
(2) Using individual facility assessments, the department
shall improve the adequacy of utilities and infrastructure of the
army national guard training facilities. The department shall
maintain a system that measures the condition and adequacy of air
facilities using both quality and functionality criteria.
Sec. 306. (1) The department shall provide air national guard
forces, when directed, for state and local emergencies and in
support of national military requirements, and operate and maintain
air national guard bases, including Selfridge air national guard
base, Battle Creek air national guard base, and Alpena combat
readiness training center.
(2) Using individual facility assessments, the department
shall improve the adequacy of utilities and infrastructure of the
air national guard bases. The department shall improve the quality
rating at the facilities based on the number of faults corrected
and dollars available (spent) during the fiscal year.
VETERANS AND COMMUNITY OUTREACH
Sec. 401. (1) The department shall provide advice, advocacy,
and assistance services to Michigan veterans.
(2) The department shall maintain the staffing and resources
necessary to develop and operate a program that will provide
benefits counseling and representation to veterans of this state
for the purpose of assisting veterans to obtain United States
department of veteran affairs health, financial, and memorial
benefits for which they are eligible. In association with the
development and operation of the department's program, the
department shall also maintain staffing and resources necessary to
assist veterans in securing professional assistance, advocacy, and
counseling regarding claims management issues.
(3) On a quarterly basis, grant recipients in this section
shall submit a report to the department on the number of claims
filed for veterans in this state with the United States department
of veterans affairs, the number of fully developed claims, and the
number of actual claims awarded. The department shall provide a
summary of claims activities on a quarterly basis as provided in
section 219.
(4) The department shall create a 5-member advisory board
consisting of presidents/commanders from 2 large veterans service
organizations, 2 medium veterans service organizations, and 1 small
veterans service organization. The board shall meet no less than
twice a year, without reimbursement by the department, and have the
following duties:
(a) Assist the department in establishing criteria for grant
awards. The department, while utilizing advice provided by the
board in establishing grant criteria, is solely responsible for
determination of the amounts and recipients of the grants.
(b) Serve as a liaison between the grant recipients, the
department, and the legislature.
(c) Assist the department in developing plans, reviewing
service delivery, and identifying goals to better assist veterans
in applying for and receiving benefits from the federal, state, and
local governments.
(d) Provide a forum regarding veterans' issues, including
suggesting changes in department programs that address veterans'
changing needs.
(5) Of the appropriation in part 1 for veterans advice,
advocacy, and assistance, grants shall be distributed by the
department in the form of 5 grants for the period beginning October
1, 2013, including 1 specialized grant. The specialized grant shall
be awarded to a group specializing in advocacy for paralyzed
veterans.
(6) Money used for grants shall be used only for salaries,
wages, related personnel costs, in-state training, and equipment
for accredited veteran service advocacy officers and necessary
support and managerial staff.
(7) The department shall take steps to improve the
coordination of veterans' benefits counseling in the state to
maximize the effective and efficient use of taxpayer dollars in
this goal and to ensure that every veteran is served.
(8) As provided in section 406, the department shall increase
its responsibility in the administration, management, oversight,
and outreach of the delivery of services to veterans by working
with grant recipients, the veterans advisory board, county veterans
counselors, and representatives from the Michigan veterans trust
fund to identify, implement, and evaluate steps to do all the
following:
(a) Improve national standing with regard to veterans affairs
benefits granted per veteran, including veterans education
benefits.
(b) Increase the percentage of veterans in this state who
become aware of their eligibility for service-connected disability
or pension benefits from the United States department of veterans
affairs.
(c) Increase the percentage of veterans in this state who
become aware of their eligibility for enrollment in the veterans
affairs health care system.
(d) Expand training opportunities for veteran service
organization service officers.
(e) Increase the percentage of veterans in this state who
become aware of their eligibility for education benefits under the
post-9/11 veterans education assistance improvements act of 2010,
P.L. 111-377.
(f) Increase the percentage of veterans in this state who
become aware of job training and job placement opportunities.
Sec. 402. (1) The Michigan veterans' trust fund board together
with the department shall provide emergency grants for disbursement
from the Michigan veterans' trust fund.
(2) The Michigan veterans' trust fund board together with the
department shall maintain the staffing and resources necessary to
provide outreach to veterans who may need and qualify for veterans
trust fund emergency grants.
(3) The Michigan veterans' trust fund board shall work to
increase the percentage of grant applications that are approved and
received by eligible families by 5% over those approved and
received by eligible families in fiscal year 2010-2011.
Sec. 404. (1) The department shall provide training support
for county veterans counselors and veterans service organizations.
(2) The department shall provide resources necessary to
provide county veterans counselors and veterans service
organizations with training to ensure quality services to veterans.
(3) The department shall work with counties towards the goal
of having at least 1 county veterans counselor in every county in
this state.
(4) The Michigan veterans' affairs agency and the Michigan
veterans' trust fund administration shall take steps to assist the
county veterans counselors and veterans service organizations of
this state to obtain training necessary for the execution of their
duties. The department shall provide a report on the steps taken
under this subsection.
(5) From the funds appropriated in part 1, the department
shall allocate up to $50,000.00 for training support for county
veterans counselors.
(6) The department shall implement an Internet-based data
system, in collaboration with the Michigan association of county
veterans counselors, to ensure that Michigan's veterans and their
families receive professional assistance, advocacy, and counseling
to obtain and receive the benefits to which they are entitled.
Sec. 405. (1) Appropriations in part 1 for veterans service
enhancements shall be used to establish and implement a college
campus initiative, in collaboration with the United States
department of veterans affairs vocational rehabilitation program,
to assist veterans on campus with enrolling in the veterans affairs
health care system or with filing claims for disabilities with the
United States department of veterans affairs.
(2) The department shall report by December 1, 2013 to the
subcommittees providing a summary of activities for this initiative
completed in the prior fiscal year and shall report by December 1,
2014 providing a summary of activities for this initiative
completed in the fiscal year.
Sec. 406. The Michigan veterans affairs agency shall submit a
strategic plan to the senate and house standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget office by December 1, 2013 that includes the following:
(a) A plan to serve as the coordinating office for all
executive branch departments responsible for programs that provide
services to veterans.
(b) A plan to identify opportunities to improve the provision
of services to veterans by state agencies and to improve the
oversight of grants to veterans service organizations.
(c) A plan to reengineer the current veterans' service
delivery system in a manner that ensures the efficient and
effective utilization and allocation of resources, programs, and
services among state agencies, local government agencies, veterans
service organizations, and nonprofit organizations.
(d) Quantifiable performance measures and outcomes of veterans
service programs, with a goal of increasing veterans' and the
public's awareness of services available to veterans and their
families and increasing the number of verified fully developed
claims for veterans benefits submitted to the United States
department of veterans affairs. Identified measures should include
outcomes for programs affecting veterans' education, health,
economic, and quality of life well-being. These goals shall
include, among other things, a goal that 100% of benefit claims
presented to the United States department of veterans affairs shall
be fully developed.
(e) Immediate, short-term, and long-term initiatives that
assist the agency in achieving the performance measures and
outcomes identified in subsection (d).
Sec. 407. The Michigan veterans affairs agency shall submit a
report to the senate and house standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget office by December 1, 2013 that includes the following:
(a) A description of the current programs, activities, roles,
and responsibilities of, and interrelationships among, state
agencies, local government agencies, veterans' service
organizations and other nonprofit organizations to provide services
and outreach to veterans, including providing assistance with the
preparation and presentation of claims for benefits to the United
States department of veterans affairs.
(b) A description of the activities, roles, and
responsibilities of, and interrelationships among, state agencies,
local government agencies, veterans' service organizations and
other nonprofit organizations undertaken under the reengineered
veterans' service delivery system identified in the strategic plan
developed pursuant to section 406.
Sec. 408. (1) The department shall provide grants for
disbursement from the military family relief fund.
(2) The department shall maintain the staffing and resources
necessary to provide outreach to the Michigan families of members
of the reserve component of the armed forces called into active
duty.
(3) The department shall work to increase the percentage of
military family relief grant applications that are approved and
received by eligible families by 5% over those approved and
received by eligible families in fiscal year 2010-2011.
Sec. 409. (1) The department shall maintain the Michigan youth
challeNGe academy to provide values, skills, education, and self-
discipline instruction for at-risk youth.
(2) The department shall ensure that at least 65% of the
cadets who enroll in the Michigan youth challeNGe academy meet the
requirement for graduation from the academy.
(3) The department shall take steps to recruit candidates to
the challeNGe program from economically disadvantaged areas,
including those with low-income and high-unemployment backgrounds.
(4) The department shall partner with the department of human
services to identify youth who may be eligible for the challeNGe
program from those youth served by department of human services
programs. These eligible youth shall be given priority for
enrollment in the program.
(5) The funds appropriated in part 1 for private donations to
the Michigan youth challeNGe program shall be considered state
restricted revenue, and unexpended funds remaining at the close of
the fiscal year shall not lapse to the general fund but shall be
carried forward to the subsequent fiscal year.
Sec. 410. From the funds appropriated in part 1, the
department shall continue the process to digitize all medical
records and military discharge documents which are currently on
paper and microfilm.
HOMES
Sec. 601. (1) The department shall provide compassionate,
quality interdisciplinary care at the state's Grand Rapids and D.J.
Jacobetti veterans' homes so that members can achieve their highest
potential of wellness, independence, self-worth, and dignity.
(2) The department shall provide resources necessary to
provide adequate nursing care services to veterans in accordance
with 38 CFR part 51.
(3) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that their medical staffing is in accordance with 38 CFR
part 51.
(4) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that transportation is assured for each resident for every
medical appointment outside the veterans' home.
(5) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that each member resident receives daily laundry service.
(6) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that maintenance and custodial services are provided for
each home in accordance with applicable local, state, and federal
standards.
(7) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that each resident receives a medical and care assessment
including a dietary plan upon admission to the home, with meals and
snacks provided in accordance with the plan and R 325.20803 of the
Michigan administrative code.
(8) The money appropriated in part 1 for the boards of
managers shall be expended in a manner consistent with 38 CFR part
51 and may be expended for purposes to protect the health, safety,
or welfare of those members served by the Grand Rapids and D.J.
Jacobetti veterans' homes.
(9) Appropriations in part 1 for the Grand Rapids and D.J.
Jacobetti veterans' homes shall not be used for any purpose other
than for veterans and veterans' families.
(10) The department shall, prior to altering the spending plan
by the board of managers of post and posthumous funds, report to
the subcommittees 30 days prior to that action and shall indicate
the rationale for that decision.
(11) Any contractor providing competency evaluated nursing
assistants (CENA) to the Grand Rapids and D.J. Jacobetti veterans'
homes shall ensure that each CENA has at least 8 hours of training
on information provided by the veterans' home.
(12) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veterans' homes
shall ensure that each CENA has at least 1 eight-hour shift of
shadowing at the veterans' home.
(13) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veterans' homes
shall ensure that each CENA is competent in the basic skills needed
to perform his or her assigned duties at the veterans' home.
(14) Any contractor providing competency evaluated nursing
assistants to the Grand Rapids and D.J. Jacobetti veterans' homes
shall ensure that each CENA has at least 1 year of experience in
long-term care.
(15) The Grand Rapids and D.J. Jacobetti veterans' homes shall
provide each CENA at least 12 hours of in-service training once
that individual has been assigned to the veterans' home.
(16) The Grand Rapids and D.J. Jacobetti veterans' homes shall
ensure that care services are provided to each resident of the
veterans' homes in accordance with 38 CFR part 51.
Sec. 602. (1) Funding in part 1 for the interdepartmental
grant to the legislative council shall be expended for the
establishment of the office of the Michigan veterans' facility
ombudsman within the legislative council. The ombudsman shall be
appointed by and serve at the pleasure of the legislative council.
(2) The legislative council shall establish procedures for
approving the budget of the office, for expending funds of the
office, and for the employment of personnel for the office.
(3) The purpose of the ombudsman is to conduct investigations,
when deemed necessary, upon his or her own initiative or upon
receipt of a complaint from a resident veteran, family member of a
resident veteran, or legislator who files a complaint concerning an
action, omission, decision, recommendation, practice, or other
procedure of the department of military and veterans affairs or a
condition existing at a Michigan veterans' facility that is alleged
to be contrary to law or departmental policy or that poses a
significant health or safety issue for which there is no effective
administrative remedy.
(4) Subject to approval of the legislative council, the
ombudsman shall establish procedures for receiving and processing
complaints, conducting investigations, holding hearings, and
reporting the findings resulting from the investigations.
(5) Upon request and without the requirement of any release,
the ombudsman shall be given access to all information, records,
and documents in the possession of the department of military and
veterans affairs or a Michigan veterans' facility that the
ombudsman deems necessary in an investigation.
(6) Upon request and without notice, the ombudsman shall be
granted entrance to inspect at any time any Michigan veterans'
facility.
(7) The ombudsman may hold informal hearings and may request
that any person appear before the ombudsman or at a hearing and
give testimony or produce documentary or other evidence that the
ombudsman deems relevant to an investigation.
(8) The ombudsman shall advise a complainant to pursue all
administrative remedies open to the complainant. The ombudsman may
request and shall receive from the department of military and
veterans affairs or from a Michigan veterans' facility a progress
report concerning the administrative processing of a complaint.
After administrative action on a complaint, the ombudsman may
conduct further investigation on the request of a complainant or on
his or her own initiative.
(9) The ombudsman is not required to conduct an investigation
on a complaint brought before the ombudsman. A complainant is not
entitled as a right to be heard by the ombudsman.
(10) Upon receiving a complaint and deciding to investigate
the complaint, the ombudsman shall notify the complainant, the
resident veteran or resident veterans affected, and the department
of military and veterans affairs. If the ombudsman declines to
investigate, the ombudsman shall notify the complainant, in
writing, and inform the resident veteran or veterans affected of
the reasons for the ombudsman's decision.
(11) Correspondence between the ombudsman and a complainant is
confidential and is privileged communication. A report prepared and
recommendations made by the ombudsman and submitted to the
legislative council are exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(12) The ombudsman shall prepare and submit a report of the
findings of an investigation and make recommendations to the
legislative council within 30 days after completing the
investigation if the ombudsman finds any of the following:
(a) A matter that should be considered by the department.
(b) An act that should be modified or canceled.
(c) A statute or rule that should be altered.
(d) Acts for which justification is necessary.
(e) Significant resident veteran health and safety issues as
determined by the council.
(f) Any other significant concerns as determined by the
council.
(13) Before announcing a conclusion or recommendation that
expressly or by implication criticizes a person or Michigan
veterans' facility or the department of military and veterans
affairs, the ombudsman shall consult with that person or facility
or the department.
(14) The ombudsman may request to be notified by a person or
Michigan veterans' facility or the department of military and
veterans affairs, within a specified time, of any action taken on
any recommendation presented. The ombudsman shall notify the
complainant of the actions taken by the person, the facility, or
the department of military and veterans affairs.
(15) The ombudsman shall submit to the legislative council and
the legislature an annual report on the conduct of the office.
(16) A resident veteran shall not be penalized in any way by a
person or Michigan veterans' facility or the department of military
and veterans affairs as a result of filing a complaint, complaining
to a legislator, or cooperating with the ombudsman in investigating
a complaint. A person or facility or the department shall not
hinder the lawful actions of the ombudsman or employees of the
office or willfully refuse to comply with any lawful demand of the
office.
CAPITAL OUTLAY
Sec. 701. (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. 702. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with section 248 of the management and budget act, 1984 PA 431, MCL
18.1248.
Sec. 703. (1) Appropriations in part 1 for special maintenance
at the Grand Rapids veterans' home and the D.J. Jacobetti veterans'
home shall be used for maintenance and information technology needs
at the homes. Maintenance includes improvements to the mechanical,
electrical, plumbing, and security systems, roof repairs and
replacements, energy conservation measures, lighting upgrades,
repair and replacement of floors, pipe insulation, windows,
boilers, new and upgraded fire detection and suppression systems.
(2) The Grand Rapids veterans' home and the D.J. Jacobetti
veterans' home shall report by November 1 to the subcommittees on
their plans for expending special maintenance appropriations
contained in part 1, and report by December 1, 2014 a list of
projects, and their respective costs, completed in fiscal year
2013-2014.
ONE-TIME APPROPRIATIONS
Sec. 801. The 1-time appropriations in part 1 for county
counselor education and training expenses are in addition to the
allocation made in section 404(5).
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, excluding appropriations designated as 1-time
appropriations and adjusting for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2014 consensus revenue estimating conference.
ARTICLE XV
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of natural
resources for the fiscal year ending September 30, 2014, from the
following funds:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,083.3
GROSS APPROPRIATION.................................... $ 335,579,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,412,300
ADJUSTED GROSS APPROPRIATION........................... $ 334,167,200
Federal revenues:
Total federal revenues................................. 67,127,300
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 7,237,200
Total other state restricted revenues.................. 241,873,000
State general fund/general purpose..................... $ 17,929,700
FUND SOURCE SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,083.3
GROSS APPROPRIATION.................................... $ 335,579,500
Interdepartmental grant revenues:
IDG, land acquisition services to work orders.......... 225,000
IDG, MacMullan conference center revenue............... 1,187,300
Total interdepartmental grants and intradepartmental
transfers............................................ 1,412,300
ADJUSTED GROSS APPROPRIATION........................... $ 334,167,200
Federal revenues:
Federal funds.......................................... 67,127,300
Total federal revenues................................. 67,127,300
Special revenue funds:
Private funds.......................................... 7,222,200
Private - Mann house trust fund........................ 15,000
Total private revenues................................. 7,237,200
Aircraft fees.......................................... 306,400
Cervidae licensing and inspection fees................. 134,200
Clean Michigan initiative fund......................... 28,500
Commercial forest fund................................. 26,200
Forest development fund................................ 31,011,500
Forest land user charges............................... 324,900
Forest recreation account.............................. 2,168,500
Game and fish protection fund.......................... 71,385,700
Game and fish protection fund - deer habitat reserve... 2,174,600
Game and fish protection fund - fisheries settlement... 938,000
Game and fish protection fund - turkey permit fees..... 1,066,600
Game and fish protection fund - waterfowl fees......... 95,200
Game and fish protection fund - wildlife resource
protection fund...................................... 1,118,900
Game and fish protection fund - youth hunting and
fishing education and outreach fund.................. 30,800
History fees fund...................................... 225,000
Land exchange facilitation fund........................ 5,980,800
Local public recreation facilities fund................ 859,500
Mackinac Island state park fund........................ 1,810,200
Mackinac Island state park operation fund.............. 190,000
Marine safety fund..................................... 3,509,000
Michigan heritage publications fund.................... 53,100
Michigan natural resources trust fund.................. 1,233,500
Michigan state parks endowment fund.................... 26,875,500
Michigan state waterways fund.......................... 20,774,100
Michigan trailways fund................................ 15,000
Museum operations fund................................. 579,700
Nongame wildlife fund.................................. 519,900
Off-road vehicle safety education fund................. 199,500
Off-road vehicle trail improvement fund................ 5,942,300
Park improvement fund.................................. 43,730,700
Permanent snowmobile trail easement fund............... 700,000
Public use and replacement deed fees................... 30,000
Recreation improvement account......................... 1,020,100
Recreation passport fees............................... 6,285,100
Snowmobile registration fee revenue.................... 1,464,600
Snowmobile trail improvement fund...................... 9,034,700
Sportsmen against hunger fund.......................... 30,700
Total other state restricted revenues.................. 241,873,000
State general fund/general purpose..................... $ 17,929,700
Sec. 102. EXECUTIVE OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 11.6
Unclassified salaries--6.0 FTE positions............... $ 707,000
Executive direction--11.6 FTE positions................ 2,109,000
Natural resources commission........................... 77,100
GROSS APPROPRIATION.................................... $ 2,893,100
Appropriated from:
Special revenue funds:
Forest development fund................................ 341,100
Forest land user charges............................... 4,900
Forest recreation account.............................. 18,000
Game and fish protection fund.......................... 1,234,600
Game and fish protection fund - deer habitat reserve... 26,200
Game and fish protection fund - turkey permit fees..... 14,200
Game and fish protection fund - waterfowl fees......... 400
Game and fish - wildlife resource protection fund...... 15,200
Land exchange facilitation fund........................ 18,700
Marine safety fund..................................... 27,900
Michigan natural resources trust fund.................. 1,400
Michigan state parks endowment fund.................... 209,400
Michigan state waterways fund.......................... 168,000
Nongame wildlife fund.................................. 5,400
Off-road vehicle trail improvement fund................ 67,500
Park improvement fund.................................. 432,300
Recreation improvement account......................... 3,400
Snowmobile registration fee revenue.................... 12,400
Snowmobile trail improvement fund...................... 20,400
Sportsmen against hunger fund.......................... 100
State general fund/general purpose..................... $ 271,600
Sec. 103. DEPARTMENT INITIATIVES
Great Lakes restoration initiative..................... $ 5,500,000
GROSS APPROPRIATION.................................... $ 5,500,000
Appropriated from:
Special revenue funds:
Federal funds.......................................... 5,500,000
State general fund/general purpose..................... $ 0
Sec. 104. DEPARTMENT SUPPORT SERVICES
Full-time equated classified positions.......... 105.5
Finance and operations--101.5 FTE positions............ $ 16,573,900
Legal services--4.0 FTE positions...................... 571,100
Building occupancy charges............................. 3,105,300
Gifts and pass-through transactions.................... 5,000,000
Rent - privately owned property........................ 488,400
Accounting service center.............................. 1,423,300
GROSS APPROPRIATION.................................... $ 27,162,000
Appropriated from:
Interdepartmental grant revenues:
IDG, land acquisition services to work orders.......... 225,000
Federal revenues:
Federal funds.......................................... 228,200
Special revenue funds:
Private funds.......................................... 5,000,000
Clean Michigan initiative fund......................... 28,500
Forest development fund................................ 2,235,000
Forest land user charges............................... 11,400
Forest recreation account.............................. 61,800
Game and fish protection fund.......................... 6,414,500
Game and fish protection fund - deer habitat reserve... 194,900
Game and fish protection fund - turkey permit fees..... 118,400
Game and fish protection fund - waterfowl fees......... 3,300
Game and fish - wildlife resource protection fund...... 34,400
Land exchange facilitation fund........................ 5,839,900
Local public recreation facilities fund................ 88,200
Marine safety fund..................................... 362,500
Michigan natural resources trust fund.................. 1,210,400
Michigan state parks endowment fund.................... 585,400
Michigan state waterways fund.......................... 497,800
Nongame wildlife fund.................................. 18,700
Off-road vehicle trail improvement fund................ 72,300
Park improvement fund.................................. 1,181,400
Public use and replacement deed fees................... 30,000
Recreation improvement account......................... 16,800
Snowmobile registration fee revenue.................... 71,300
Snowmobile trail improvement fund...................... 135,700
Sportsmen against hunger fund.......................... 400
State general fund/general purpose..................... $ 2,495,800
Sec. 105. COMMUNICATIONS AND CUSTOMER SERVICES
Full-time equated classified positions.......... 129.3
Marketing and outreach--79.3 FTE positions............. $ 13,779,900
Michigan historical center--35.0 FTE positions......... 3,667,700
Special programs (Mann house)--1.0 FTE positions....... 25,500
Museum stores--6.0 FTE positions....................... 579,700
Archives--8.0 FTE positions............................ 857,200
GROSS APPROPRIATION.................................... $ 18,910,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 2,055,700
Special revenue funds:
Private funds.......................................... 383,200
Private - Mann house trust fund........................ 15,000
Forest development fund................................ 128,200
Forest recreation account.............................. 15,900
Game and fish protection fund.......................... 8,574,900
Game and fish - youth hunting and fishing education
and outreach fund.................................... 30,200
History fees fund...................................... 225,000
Land exchange facilitation fund........................ 44,600
Marine safety fund..................................... 34,500
Michigan heritage publications fund.................... 53,100
Michigan state parks endowment fund.................... 86,400
Michigan state waterways fund.......................... 142,600
Museum operations fund................................. 579,700
Nongame wildlife fund.................................. 10,400
Off-road vehicle safety education fund................. 56,600
Off-road vehicle trail improvement fund................ 30,000
Park improvement fund.................................. 2,520,200
Recreation passport fees............................... 23,000
Snowmobile registration fee revenue.................... 61,300
Snowmobile trail improvement fund...................... 43,900
Sportsmen against hunger fund.......................... 29,600
State general fund/general purpose..................... $ 3,766,000
Sec. 106. WILDLIFE MANAGEMENT
Full-time equated classified positions.......... 211.5
Wildlife management--199.5 FTE positions............... $ 29,015,500
Natural resources heritage--9.0 FTE positions.......... 986,000
State game and wildlife area maintenance--3.0 FTE
positions............................................ 757,600
GROSS APPROPRIATION.................................... $ 30,759,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 16,161,700
Special revenue funds:
Private funds.......................................... 183,100
Cervidae licensing and inspection fees................. 82,700
Forest development fund................................ 75,200
Game and fish protection fund.......................... 9,392,600
Game and fish protection fund - deer habitat reserve... 1,803,700
Game and fish protection fund - turkey permit fees..... 868,600
Game and fish protection fund - waterfowl fees......... 87,800
Nongame wildlife fund.................................. 447,800
State general fund/general purpose..................... $ 1,655,900
Sec. 107. FISHERIES MANAGEMENT
Full-time equated classified positions.......... 218.0
Aquatic resource mitigation--2.0 FTE positions......... $ 938,000
Fish production--62.0 FTE positions.................... 9,161,400
Fisheries resource management--154.0 FTE positions..... 19,933,600
Cormorant population mitigation program................ 100,000
GROSS APPROPRIATION.................................... $ 30,133,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 11,262,200
Special revenue funds:
Private funds.......................................... 131,200
Game and fish protection fund.......................... 17,701,600
Game and fish protection fund - fisheries settlement... 938,000
State general fund/general purpose..................... $ 100,000
Sec. 108. LAW ENFORCEMENT
Full-time equated classified positions.......... 217.0
General law enforcement--217.0 FTE positions........... $ 31,587,200
GROSS APPROPRIATION.................................... $ 31,587,200
Appropriated from:
Federal revenues:
Federal funds.......................................... 5,726,700
Special revenue funds:
Cervidae licensing and inspection fees................. 51,500
Forest development fund................................ 43,700
Forest recreation account.............................. 70,000
Game and fish protection fund.......................... 19,218,600
Game and fish - wildlife resource protection fund...... 1,015,700
Marine safety fund..................................... 1,538,000
Michigan state parks endowment fund.................... 68,600
Michigan state waterways fund.......................... 20,700
Off-road vehicle safety education fund................. 93,800
Off-road vehicle trail improvement fund................ 1,597,000
Park improvement fund.................................. 70,000
Snowmobile registration fee revenue.................... 766,400
State general fund/general purpose..................... $ 1,306,500
Sec. 109. PARKS AND RECREATION DIVISION
Full-time equated classified positions.......... 877.9
MacMullan conference center--15.0 FTE positions........ $ 1,187,300
Recreational boating--163.5 FTE positions.............. 16,774,300
State parks--651.4 FTE positions....................... 57,183,100
Forest recreation--48.0 FTE positions.................. 5,613,100
State park improvement revenue bonds - debt service.... 1,157,000
GROSS APPROPRIATION.................................... $ 81,914,800
Appropriated from:
Interdepartmental grant revenues:
IDG, MacMullan conference center revenue............... 1,187,300
Federal revenues:
Federal funds.......................................... 3,188,100
Special revenue funds:
Private funds.......................................... 411,900
Forest recreation account.............................. 1,933,800
Michigan state parks endowment fund.................... 19,041,400
Michigan state waterways fund.......................... 14,183,800
Michigan trailways fund................................ 14,900
Off-road vehicle safety education fund................. 7,100
Off-road vehicle trail improvement fund................ 1,383,300
Park improvement fund.................................. 38,286,900
Recreation improvement account......................... 322,800
Recreation passport fees............................... 262,100
Snowmobile registration fee revenue.................... 15,200
Snowmobile trail improvement fund...................... 1,405,800
State general fund/general purpose..................... $ 270,400
Sec. 110. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions........... 15.0
Historical facilities system--13.0 FTE positions....... $ 1,810,200
Mackinac Island park operations--2.0 FTE positions..... 190,000
GROSS APPROPRIATION.................................... $ 2,000,200
Appropriated from:
Special revenue funds:
Mackinac Island state park fund........................ 1,810,200
Mackinac Island state park operation fund.............. 190,000
State general fund/general purpose..................... $ 0
Sec. 111. FOREST RESOURCES DIVISION
Full-time equated classified positions.......... 297.5
Adopt-a-forest program................................. $ 25,000
Cooperative resource programs--10.0 FTE positions...... 1,196,500
Forest fire equipment.................................. 81,500
Forest management and timber market development--148.0
FTE positions........................................ 23,798,400
Forest management initiatives--8.5 FTE positions....... 813,900
Minerals management--23.0 FTE positions................ 3,027,700
Wildfire protection--108.0 FTE positions............... 13,762,000
GROSS APPROPRIATION.................................... $ 42,705,000
Appropriated from:
Federal revenues:
Federal funds.......................................... 3,033,400
Special revenue funds:
Private funds.......................................... 1,012,800
Aircraft fees.......................................... 306,400
Commercial forest fund................................. 23,700
Forest development fund................................ 26,742,900
Forest land user charges............................... 270,800
Game and fish protection fund.......................... 2,150,800
Michigan state parks endowment fund.................... 2,552,400
Michigan state waterways fund.......................... 48,800
State general fund/general purpose..................... $ 6,563,000
Sec. 112. GRANTS
Dam management grant program........................... $ 350,000
Deer habitat improvement partnership initiative........ 50,000
Federal - clean vessel act grants...................... 400,000
Federal - forest stewardship grants.................... 3,125,000
Federal - land and water conservation fund payments.... 2,566,900
Federal - rural community fire protection.............. 300,000
Federal - urban forestry grants........................ 3,024,000
Grants to communities - federal oil, gas, and timber
payments............................................. 3,450,000
Grants to counties - marine safety..................... 3,124,700
National recreational trails........................... 3,900,000
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 2,776,400
Recreation improvement fund grants..................... 657,100
Recreation passport local grants....................... 771,300
Snowmobile law enforcement grants...................... 495,100
Snowmobile local grants program........................ 7,340,400
Sustainable forestry initiative grant.................. 100
Trail easements........................................ 700,000
Fisheries habitat improvement grants................... 1,255,600
Wildlife habitat improvement grants.................... 941,700
Wildlife habitat improvement grants in state forests... 313,900
GROSS APPROPRIATION.................................... $ 35,571,400
Appropriated from:
Federal revenues:
Federal funds.......................................... 18,333,300
Special revenue funds:
Private funds.......................................... 100,000
Forest development fund................................ 100
Game and fish protection fund.......................... 2,511,200
Game and fish protection fund - deer habitat reserve... 50,000
Local public recreation facilities fund................ 771,300
Marine safety fund..................................... 1,457,300
Off-road vehicle safety education fund................. 29,200
Off-road vehicle trail improvement fund................ 2,776,400
Permanent snowmobile trail easement fund............... 700,000
Recreation improvement account......................... 657,100
Snowmobile registration fee revenue.................... 495,100
Snowmobile trail improvement fund...................... 7,340,400
State general fund/general purpose..................... $ 350,000
Sec. 113. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 10,028,100
GROSS APPROPRIATION.................................... $ 10,028,100
Appropriated from:
Special revenue funds:
Commercial forest fund................................. 2,500
Forest development fund................................ 1,445,300
Forest land user charges............................... 37,800
Forest recreation account.............................. 69,000
Game and fish protection fund.......................... 4,186,900
Game and fish protection fund - deer habitat reserve... 99,800
Game and fish protection fund - turkey permit fees..... 65,400
Game and fish protection fund - waterfowl fees......... 3,700
Game and fish - wildlife resource protection fund...... 53,600
Game and fish protection fund - youth hunting and
fishing education and outreach....................... 600
Land exchange facilitation fund........................ 77,600
Marine safety fund..................................... 88,800
Michigan natural resources trust fund.................. 21,700
Michigan state parks endowment fund.................... 831,900
Michigan state waterways fund.......................... 434,800
Michigan trailways fund................................ 100
Nongame wildlife fund.................................. 37,600
Off-road vehicle safety education fund................. 12,800
Off-road vehicle trail improvement fund................ 15,800
Park improvement fund.................................. 1,239,900
Recreation improvement account......................... 20,000
Snowmobile registration fee revenue.................... 42,900
Snowmobile trail improvement fund...................... 88,500
Sportsmen against hunger fund.......................... 600
State general fund/general purpose..................... $ 1,150,500
Sec. 114. CAPITAL OUTLAY
(a) STATE PARK AND FOREST AREA IMPROVEMENTS
State parks repair and maintenance..................... $ 9,500,000
GROSS APPROPRIATION.................................... $ 9,500,000
Appropriated from:
Federal revenues:
Special revenue funds:
Michigan state parks endowment fund.................... 3,500,000
Recreation passport fees............................... 6,000,000
State general fund/general purpose..................... $ 0
(b) WATERWAYS BOATING PROGRAM
State harbors and boating access sites:
State infrastructure improvement and land acquisition.. $ 2,540,900
Selfridge boating access site, Macomb County, phase
II, stormwater management improvements, new
entrance and parking lot/traffic flow
reconfigurations (total authorized cost is increased
from $2,000,000 to $3,300,000; federal share is
increased from $1,500,000 to $1,988,000; state share
in increased from $500,000 to $1,312,000)............ 1,300,000
Fayette state park, snail shell harbor, Delta County,
continuation of phase I to expand existing
broadside dock (total authorized cost is increased
from $400,000 to $850,000; federal share is
increased from $300,000 to $500,000; state share is
increased from $100,000 to $350,000)................. 450,000
South Higgins state park, Roscommon County, new
entrance, launch ramp, maneuver area, and parking
lot/traffic flow configurations (total authorized
cost is increased from $250,900 to $1,000,000; state
share is increased from $250,900 to $1,000,000)...... 749,100
Local harbors and boating access sites:
Infrastructure improvements - local projects........... 737,000
Manistique, Schoolcraft County, marina improvements,
floating docks, replacement of bin-walls, phase III
(total authorized cost is increased from $2,660,000
to $3,660,000; state share is increased from
$1,330,000 to $1,830,000; local share is increased
from $1,330,000 to $1,830,000)....................... 500,000
Presque Isle, Marquette County, marina improvements,
removal and reconstruction of existing boat launch,
phase I (total authorized cost is increased from
$201,200 to $402,400; state share is increased from
$0 to $201,200; local share $201,200)................ 201,200
Munising, Alger County, extension of east breakwall,
dredging and shoreline restoration, phase I (total
authorized cost is increased from $437,400 to
$874,800; state share is increased from $0 to
$437,400; local share is $437,400)................... 437,400
GROSS APPROPRIATION.................................... $ 6,915,600
Appropriated from:
Federal revenues:
Federal funds.......................................... 1,638,000
Special revenue funds:
Michigan state waterways fund.......................... 5,277,600
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is $259,802,700.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $5,109,400.00. The itemized
statement below identifies appropriations from which spending to
local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
GRANTS
Dam management grant program........................... $ 175,000
Grants to counties – marine safety..................... 1,457,300
Off-road vehicle safety training grants................ 29,200
Off-road vehicle trail improvement grants.............. 240,200
Recreation improvement fund grants..................... 65,700
Recreation passport local grants....................... 771,300
Snowmobile law enforcement grants...................... 495,100
CAPITAL OUTLAY
Waterways boating program.............................. $ 1,875,600
TOTAL.................................................. $ 5,109,400
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "Commission" means the natural resources commission.
(b) "Department" means the department of natural resources.
(c) "FTE" means full-time equated.
(d) "IDG" means interdepartmental grant.
(e) "IDT" means intradepartmental transfer.
Sec. 204. The civil service commission shall bill the
department and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this part.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
or it may include placement of reports on an Internet or Intranet
site.
Sec. 206. Appropriations of state restricted game and fish
protection funds have been made in the following amounts to the
following departments and agencies in their respective
appropriation articles:
Legislative auditor general............................ $ 29,300
Attorney general....................................... 838,000
Department of treasury................................. 2,337,400
Sec. 207. Pursuant to section 43703(3) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.43703, there is appropriated from the game and fish protection
trust fund to the game and fish protection account of the Michigan
conservation and recreation legacy fund, $6,000,000.00 for the
fiscal year ending September 30, 2014.
Sec. 208. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
department and agencies and the department of technology,
management, and budget.
Sec. 210. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 211. The director of the department shall take all
reasonable steps to ensure businesses in deprived and depressed
communities compete for and perform contracts to provide services
or supplies, or both. The director shall strongly encourage firms
with which the department contracts to subcontract with certified
businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 212. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 214. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 215. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $3,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 216. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of technology, management, and budget. Funds designated
in this manner are not available for expenditure until approved as
work projects under section 451a of the management and budget act,
1984 PA 431, MCL 18.1451a.
Sec. 217. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate standing committees on
appropriations, the house and senate fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 220. Not later than November 15, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies.
Sec. 222. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees on
natural resources, and the senate and house fiscal agencies with an
annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2013 and
September 30, 2014.
Sec. 223. Before January 31, 2014, the department, in
cooperation with the Michigan state waterways commission, shall
provide to the state budget director, the senate and house
appropriations subcommittees on natural resources, and the senate
and house fiscal agencies a list of projects completed by the
commission in fiscal year 2012-2013, including the county and
municipality in which each project is located.
Sec. 233. On a quarterly basis, the department shall report on
the number of FTEs in pay status by civil service classification to
the senate and house appropriations subcommittees on natural
resources and environment and the senate and house fiscal agencies.
Sec. 234. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 235. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the agency's performance.
DEPARTMENT SUPPORT SERVICES
Sec. 302. The department may charge land acquisition projects
appropriated for the fiscal year ending September 30, 2014, and for
prior fiscal years, a standard percentage fee to recover actual
costs, and may use the revenue derived to support the land
acquisition service charges provided for in part 1.
Sec. 303. As appropriated in part 1, the department may charge
both application fees and transaction fees related to the exchange
or sale of state-owned land or rights in land authorized by part 21
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.2101 to 324.2162. The fees shall be set by the
director of the department at a rate which allows the department to
recover its costs for providing these services.
COMMUNICATION AND CUSTOMER SERVICES
Sec. 404. For the purposes of administering the museum store
as provided in section 7a of 1913 PA 271, MCL 399.7a, the
department is exempt from section 261 of the management and budget
act, 1984 PA 431, MCL 18.1261.
Sec. 405. As appropriated in part 1, proceeds in excess of
costs incurred in the conduct of auctions, sales, or transfers of
artifacts no longer considered suitable for the collections of the
state historical museum may be expended upon receipt for additional
material for the collection. The department shall notify the
chairpersons, vice chairpersons, and minority vice chairpersons of
the senate and house appropriations subcommittees on natural
resources 1 week prior to any auctions or sales. Any unexpended
funds may be carried forward into the next succeeding fiscal year.
Sec. 406. As appropriated in part 1, funds collected by the
department for historical markers; document reproduction and
services; conferences, admissions, workshops, and training classes;
and the use of specialized equipment, facilities, exhibits,
collections, and software shall be used for expenses necessary to
provide the required services. The department may charge fees for
the aforementioned services, including admission fees. It is the
intent of the legislature that if sufficient revenues are
available, as a condition of the expenditure of revenue from
admission fees to the Michigan historical museum, admission to the
museum shall be free for children under 18 years of age. The
department may accept voluntary admissions contributions of $2.00
for children under 18 years of age. Any unexpended funds may be
carried forward into the next succeeding fiscal year.
Sec. 408. By October 21, 2013, the department shall submit to
the senate and house appropriations subcommittees on natural
resources a report on all land transactions approved by the
commission in the fiscal year ending September 30, 2013. For each
land transaction, the report shall include the size of the parcel,
the county and municipality in which the parcel is located, the
dollar amount of the transaction, the fund source affected by the
transaction, and whether the transaction is by purchase, public
auction, transfer, exchange, or conveyance.
Sec. 409. By January 1, 2014, the department shall produce a
report identifying active oil and gas leases entered into before
July 1995 which are larger than 160 acres in size and where the
acreage held in a producing unit is less than or equal to 1/4 of
the total lease acreage.
WILDLIFE DIVISION
Sec. 503. From the funds appropriated in part 1, the
department shall produce a report detailing any efforts undertaken
to enforce the invasive species order on swine raised under the
husbandry of residents of this state. The report shall include fund
sources used and the amount of expenditures and shall be submitted
to the legislature by December 31, 2013.
Sec. 504. From the funds appropriated in part 1, the
department shall provide a report to the legislature on the use of
registration fees collected from privately owned cervid operations.
Appropriations in part 1 from cervidae licensing and inspection
fees shall not be used for anything other than work directly
related to the regulation of privately owned cervids in this state.
FISHERIES DIVISION
Sec. 601. (1) From the appropriation in part 1 for aquatic
resource mitigation, not more than $758,000.00 shall be allocated
for grants to watershed councils, resource development councils,
soil conservation districts, local governmental units, and other
nonprofit organizations for stream habitat stabilization and soil
erosion control.
(2) The fisheries division in the department shall develop
priority and cost estimates for all projects recommended for grants
under subsection (1).
Sec. 602. As a condition of expenditure of fisheries
management appropriations under part 1, the department of natural
resources shall not impede the certification process for water
control structures on Michigan waterways. The department of natural
resources shall fund from funds appropriated in part 1 all non-
water-quality studies or requirements that the department requests
of either of the following:
(a) The department of environmental quality as a condition for
issuance of a certification under section 401 of the federal water
pollution control act, 33 USC 1341.
(b) The federal energy regulatory commission as a condition of
licensing under the federal power act, 16 USC 791a to 825r.
Sec. 603. The department shall provide a quarterly report to
the legislature on use of funding provided for cormorant
management. The department shall use general fund/general purpose
revenue for this purpose and submit revenue appropriated in part 1
for cormorant management to the United States department of
agriculture animal and plant health inspection service to allow for
increased taking of cormorants and their nests.
PARKS AND RECREATION DIVISION
Sec. 702. The department shall notify the house and senate
appropriations subcommittees on natural resources and the house and
senate fiscal agencies if it intends to reduce operations or reduce
recreation opportunities in any state park or recreation area.
FOREST RESOURCES DIVISION
Sec. 802. Of the funds appropriated in part 1, the department
shall, subject to the forest certification process, prescribe
treatment on 79,000 acres, prepare appropriate treatment for not
less than 67,500 acres at the current average rate of 12.5 to 15
cords per acre, and offer those cords for sale in the 2013-2014
fiscal year, provided that the department shall take into
consideration the impact of timber harvesting on wildlife habitat
and recreation uses. The department shall, subject to the forest
certification process, increase marking or treatment of hardwood
timber for sale and harvest by 10% over 2012-2013 fiscal year
levels. In addition, the department shall take into consideration
silvicultural analysis and report annually to the legislature on
plans and efforts to address factors limiting management of timber.
The department shall increase the number of prepared acres if it
appears that regional market demand requires increased volumes of
harvested timber. The department shall provide quarterly reports on
the number of acres treated, pursuant to this section, to the
senate and house appropriations subcommittees on natural resources
and the standing committees of the senate and house of
representatives with primary responsibility for natural resources
issues. The department shall complete and deliver these reports no
later than 45 days after the end of the fiscal quarter.
Sec. 803. In addition to the money appropriated in part 1, the
department may receive and expend money from federal sources for
the purpose of providing response to wildfires as required by a
compact with the federal government. If additional expenditure
authorization is required, the department shall notify the state
budget office that expenditure under this section is required. The
department shall notify the house and senate appropriations
subcommittees on natural resources and the house and senate fiscal
agencies of the expenditures under this section by November 1,
2014.
Sec. 804. The department shall continue to work cooperatively
with horseback riding interests to maximize riding opportunities in
the state.
Sec. 805. The department shall spend amounts appropriated in
part 1 for forest-related activities to employ or contract for
sufficient foresters to mark timber, pursuant to section 802.
Sec. 807. (1) In addition to the funds appropriated in part 1,
there is appropriated from the disaster and emergency contingency
fund up to $500,000.00 to cover costs related to any disaster as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(2) Funds appropriated under subsection (1) shall not be
expended unless the state budget director recommends the
expenditure and the department notifies the house and senate
committees on appropriations. By December 1 each year, the
department shall provide a report to the senate and house fiscal
agencies and the state budget office on the use of the disaster and
emergency contingency fund during the prior fiscal year.
(3) If federal emergency management agency (FEMA)
reimbursement is approved for costs paid from the disaster and
emergency contingency fund, the federal revenue shall be deposited
into the disaster and emergency contingency fund.
(4) Unexpended and unencumbered funds remaining in the
disaster and emergency contingency fund at the close of the fiscal
year shall not lapse to the general fund and shall be carried
forward and be available for expenditures in subsequent fiscal
years.
Sec. 808. (1) From the funds appropriated in part 1 for
wildfire protection, at least $6,446,900.00 shall be appropriated
from the state general fund and $5,069,500.00 shall be appropriated
from the forest development fund established under section 50507 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.50507.
(2) From the funds appropriated in part 1 for forest
management and timber market development, $20,262,100.00 shall be
appropriated from the forest development fund.
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law
enforcement grants shall be used by the department to provide
grants to county law enforcement agencies to enforce part 821 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.82101 to 324.82160, including rules promulgated under
that part and ordinances enacted pursuant to that part. The
department shall consider the number of enforcement hours and the
number of miles of snowmobile trails in each county in allocating
these grants. Any funds not distributed to counties revert back to
the snowmobile registration fee subaccount created under section
82111 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.82111. Counties shall provide semiannual
reports to the department on the use of grant money received under
this section.
Sec. 902. The department shall provide a report on the marine
safety grant program to the senate and house appropriations
subcommittees on natural resources and the senate and house fiscal
agencies by December 1, 2013. The report shall include the
following information for the preceding year: the total amount of
revenue received for watercraft registrations, the amount deposited
into the marine safety fund, and the expenditures made from the
marine safety fund, including the amounts expended for department
administration, other state agencies, the law enforcement division,
and grants to counties. The report shall also include the
distribution methodology used by the department to distribute the
marine safety grants and a list of the grants and the amounts
awarded by county.
GRANTS
Sec. 1001. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those
included in part 1 for grants to communities - federal oil, gas,
and timber payments and that do not require additional state
matching funds are appropriated for the purposes intended. By
November 30, 2013, the department shall report to the senate and
house appropriations subcommittees on natural resources, the senate
and house fiscal agencies, and the state budget director on all
amounts appropriated under this section during the fiscal year
ending September 30, 2013.
Sec. 1002. Subject to part 811 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81101 to
324.81150, from the funds appropriated in part 1 for off-road
vehicle trail improvements grants, not less than $980,000.00 shall
be spent on the development of new trails in accordance with the
off-road vehicle trail expansion plan submitted to the legislature
pursuant to section 807 of article 14 of 2005 PA 154.
Sec. 1003. (1) The appropriation in part 1 for the dam
management grant program shall be used by the department to provide
grants for the maintenance, repair, or removal of failing dams. The
department shall require each grant application to include a
written long-term plan for each dam that is covered by the
application.
(2) The unexpended funds appropriated in part 1 for the dam
management grant program are considered work project
appropriations, and any unencumbered or unallotted funds are
carried forward into the succeeding fiscal year. The following is
in compliance with section 451a(1) of the management and budget
act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to
provide for maintenance, repair, or removal of dams.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is $2,000,000.00.
(d) The tentative completion date is September 30, 2017.
Sec. 1004. It is the intent of the legislature to provide
grant funding to a qualified nonprofit nongovernmental unit for a
pilot program to work with public and private forestland owners to
conduct site visits and prepare an analysis and audit of statewide
best management practices for water quality and related forest
ecosystem, native plant and animal species, and wildlife habitat.
CAPITAL OUTLAY
Sec. 1101. The appropriation made in part 1 for the harbors
and docks program is for the purpose of participating with the
federal government and assisting local units of government, public
colleges and universities, or other governmental entities in this
state with the construction and improvement of recreational boating
facilities within this state. Subject to the approval of the state
administrative board, this money shall be allocated by the
department to the federal government, or to the governmental
entities involved in the particular projects. An allocation shall
not exceed the state portion as listed with each project
description. The department shall take the steps necessary to match
federal money available for the construction and improvement of
recreational boating facilities within the state, and to meet
requirements of the federal government.
Sec. 1102. (1) The director of the department shall allocate
lump-sum appropriations to the department made in part 1 consistent
with statutory provisions and the purposes for which funds were
appropriated. Lump-sum allocations shall address priority program
or facility needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major
special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 1103. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
Sec. 1104. The department of natural resources shall seek
reimbursement from the United States army corps of engineers for
costs related to any dredging of harbors under the jurisdiction of
the corps of engineers. If the corps of engineers reimburses the
state for any costs incurred from the appropriation for any
dredging, the federal revenue shall be deposited in the Michigan
state waterways fund.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.
ARTICLE XVI
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this article,
the amounts listed in this part for the department of state police
are appropriated for the fiscal year ending September 30, 2014,
from the funds indicated in this part. The following is a summary
of the appropriations in this part:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 2,914.0
GROSS APPROPRIATION.................................... $ 601,186,900
Total interdepartmental grants and intradepartmental
transfers............................................ 25,219,700
Schedule of interdepartmental grant revenue sources:
IDG-MDOC, contract............................ 183,900
IDG-MDOS...................................... 360,700
IDG-MDOT, state trunkline fund............. 11,258,700
IDG-MDTR, casino gaming fees................ 5,956,900
IDG-MDTR, emergency telephone fund
coordinator.................................. 665,400
IDG-MDTR, emergency telephone fund
operations.................................... 721,200
IDG, training academy changes............... 2,711,600
IDT, auto theft funds......................... 716,600
IDT, Michigan justice training fund......... 1,050,000
IDT, truck safety fund...................... 1,594,700
ADJUSTED GROSS APPROPRIATION........................... $ 575,967,200
Total federal revenues................................. 98,846,100
Schedule of federal revenue sources:
DHS........................................ 51,755,800
DOJ........................................ 13,909,000
DOJ interest bearing........................ 8,139,400
DOT........................................ 23,467,100
Federal investigations - reimbursed
services................................... 1,060,800
Federal narcotics investigation revenues...... 514,000
Total local revenues................................... 6,967,500
Schedule of local revenue sources:
Local-AFIS fees................................ 81,400
Local-LEIN fees............................. 1,016,600
Local-MPSCS subscriber and maintenance
fees....................................... 2,183,000
Local-reimbursed services................... 2,012,500
Local-school bus revenue.................... 1,674,000
Total private revenues................................. 239,700
Schedule of private revenue sources:
Private donations............................. 239,700
Total other state restricted revenues.................. 122,041,400
Schedule of restricted revenue sources:
Auto theft prevention fund.................. 7,289,400
Concealed weapons enforcement fee............. 100,000
CJIC service fees.......................... 18,303,500
Drunk driving prevention and training fund.. 1,402,200
Forensic science reimbursement fees......... 1,483,300
Forfeiture funds............................... 93,500
Hazardous materials training center fees.... 1,167,100
Highway safety fund........................ 12,906,800
Licensing fees.................................. 9,100
Michigan justice training fund.............. 8,459,300
Michigan merit award trust fund............... 750,000
Motor carrier fees.......................... 4,616,900
Narcotics investigation revenue............... 791,600
Nuclear plant emergency planning
reimbursement.............................. 2,647,000
Precision driving track fees.................. 311,700
Reimbursed services........................... 640,600
Rental of department aircraft.................. 57,600
Secondary road patrol and training fund.... 12,261,200
Sex offenders registration fund............... 300,900
State forensic laboratory fund.............. 1,721,300
State police service fees................... 2,197,900
State services fee fund.................... 11,666,600
Tobacco tax revenue......................... 4,190,700
Traffic crash revenue......................... 332,900
Traffic law enforcement and safety fund.... 26,321,600
Trooper school recruitment fund................. 1,100
Truck driver safety fund.................... 2,017,600
State general fund/general purpose..................... $ 347,872,500
State general fund/general purpose schedule:
Ongoing state general fund/general purpose........... 342,310,600
One-time state general fund/general purpose.......... 5,561,900
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........... 37.0
Unclassified positions................................. $ 707,000
Executive direction.................................... 5,399,100
GROSS APPROPRIATION.................................... $ 6,106,100
Appropriated from:
Interdepartmental grant revenues....................... 43,400
State restricted revenues.............................. 847,700
State general fund/general purpose..................... $ 5,215,000
Schedule of programs:
Executive directions........................ 2,969,100
Special operations and events............... 2,430,000
Sec. 103. SCIENCE, TECHNOLOGY, AND TRAINING BUREAU
Full-time equated classified positions.......... 200.0
Science, technology, and training bureau............... $ 75,636,900
GROSS APPROPRIATION.................................... $ 75,636,900
Appropriated from:
Interdepartmental grant revenues....................... 5,581,500
Federal revenues....................................... 4,828,000
Local revenues......................................... 3,239,600
State restricted revenues.............................. 28,470,800
State general fund/general purpose..................... $ 33,517,000
Schedule of programs:
Criminal justice information center
division.................................. 12,874,300
Criminal records improvement................ 1,276,900
Traffic safety.............................. 1,865,400
Standards and training/justice training
grants..................................... 9,137,200
Concealed weapons enforcement training........ 100,000
Training only to local units.................. 642,800
Public safety officers benefit program........ 150,100
Training administration..................... 5,398,100
Information technology services and
projects.................................. 23,028,800
Michigan public safety communications
system.................................... 14,637,700
In-service training–law enforcement
distribution................................. 450,000
In-service training–competitive............... 600,000
Traffic services............................ 5,475,600
Sec. 104. FORENSIC SCIENCES
Full-time equated classified positions.......... 265.0
Forensic sciences...................................... $ 43,027,000
GROSS APPROPRIATION.................................... $ 43,027,000
Appropriated from:
Federal revenues....................................... 5,168,100
State restricted revenues.............................. 14,588,200
State general fund/general purpose..................... $ 23,270,700
Schedule of programs:
Laboratory operations...................... 32,845,900
DNA analysis program....................... 10,181,100
Sec. 105. UNIFORM SERVICES
Full-time equated classified positions........ 1,543.0
Uniform services....................................... $ 220,003,400
GROSS APPROPRIATION.................................... $ 220,003,400
Appropriated from:
State restricted revenues.............................. 41,081,000
State general fund/general purpose..................... $ 178,922,400
Schedule of programs:
Uniform services........................... 49,471,100
Capitol security guards....................... 736,600
At-post troopers.......................... 164,743,300
Reimbursed services......................... 2,197,900
Public safety initiative.................... 2,854,500
Sec. 106. SPECIALIZED SERVICES
Full-time equated classified positions.......... 699.0
Specialized services................................... $ 107,927,400
GROSS APPROPRIATION.................................... $ 107,927,400
Appropriated from:
Interdepartmental grant revenues....................... 18,688,300
Federal revenues....................................... 14,076,800
Local revenues......................................... 3,663,400
Private revenues....................................... 239,700
State restricted revenues.............................. 10,489,600
State general fund/general purpose..................... $ 60,769,600
Schedule of programs:
Narcotics investigation funds................. 265,100
Operational support........................ 23,896,500
Aviation program............................ 1,840,800
Criminal investigations.................... 34,723,600
Federal antidrug initiative................ 11,319,400
Reimbursed services, materials, and
equipment.................................. 3,073,300
Auto theft prevention....................... 1,188,100
Casino gaming oversight..................... 5,784,500
Fire investigations......................... 1,978,900
Parole absconder sweeps........................ 12,700
Motor carrier enforcement.................. 12,744,100
Truck safety enforcement team operations.... 1,548,800
Safety inspections.......................... 6,357,300
School bus inspections...................... 1,650,900
Safety projects............................. 1,543,400
Sec. 107. SUPPORT SERVICES
Full-time equated classified positions.......... 170.0
Support services....................................... $ 142,924,200
GROSS APPROPRIATION.................................... $ 142,924,200
Appropriated from:
Interdepartmental grant revenues....................... 906,500
Federal revenues....................................... 74,773,200
Local revenues......................................... 64,500
State restricted revenues.............................. 26,564,100
State general fund/general purpose..................... $ 40,615,900
Schedule of programs:
Auto theft prevention....................... 7,271,900
Special maintenance and utilities............. 402,800
Rent and building occupancy charges......... 8,890,600
Worker's compensation....................... 3,195,000
Fleet leasing.............................. 19,671,600
Management services......................... 6,893,300
Office of justice program grants............ 8,545,200
State 9-1-1 administration.................... 636,200
Accounting service center................... 1,071,000
House Bill No. 4328 (H-1) as amended April 23, 2013
State program planning and administration... 1,175,700
Secondary road patrol program.............. 11,064,200
Truck safety program........................ 2,015,800
Federal highway traffic safety
coordination.............................. 12,896,400
Emergency management planning and
administration............................. 6,259,500
Grants to local government.................. 2,482,100
FEMA program assistance..................... 5,441,500
Nuclear power plant emergency planning...... 2,620,800
Hazardous materials programs............... 42,390,500
Interdepartmental grant to legislature............ 100
Sec. 108. ONE-TIME APPROPRIATIONS
At-post troopers - trooper school...................... $ 3,461,900
Emergency response team vehicle replacement............ 350,000
Disaster and contingency fund.......................... [1,000,000]
Emergency operations center rent....................... 750,000
[ ...................... ]
GROSS APPROPRIATION.................................... $ 5,561,900
Appropriated from:
State general fund/general purpose..................... $ 5,561,900
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
House Bill No. 4328 (H-1) as amended April 23, 2013
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 2013-2014 is $469,913,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is [$15,537,600.00]. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Science, technology, and training bureau............... $ 3,930,700
Schedule of programs:
Standards and training/justice training
grants..................................... 3,747,600
Training only to local units.................. 183,100
Specialized services................................... $ 653,300
Schedule of programs:
Operational support........................... 653,300
Support services....................................... 10,953,600
Schedule of programs:
Operational support........................ 10,953,600
[ ]
TOTAL.................................................. [$ 15,537,600]
Sec. 202. The appropriations authorized under this article are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this article:
(a) "AFIS" means the automated fingerprint identification
system.
(b) "CJIC" means the criminal justice information center.
(c) "Department" means the department of state police.
(d) "DHS" means the United States department of homeland
security.
(e) "DNA" means deoxyribonucleic acid.
(f) "DOJ" means the United States department of justice.
(g) "DOT" means the United States department of
transportation.
(h) "DTMB" means the department of technology, management, and
budget.
(i) "FEMA" means the federal emergency management agency.
(j) "FTE" means full-time equated.
(k) "IDG" means interdepartmental grant.
(l) "IDT" means intradepartmental transfer.
(m) "LEIN" means the law enforcement information network.
(n) "MCOLES" means Michigan commission on law enforcement
standards.
(o) "MDCH" means the Michigan department of community health.
(p) "MDOC" means the Michigan department of corrections.
(q) "MDOS" means the Michigan department of state.
(r) "MDOT" means the Michigan department of transportation.
(s) "MDTR" means the Michigan department of treasury.
(t) "MPSCS" means Michigan public safety communications
system.
(u) "Subcommittees" means all members of the subcommittees of
the senate and house standing committees on appropriations with
jurisdiction over the budget for the department.
(v) "Work project" means a group of activities featuring a
fixed duration, budget, and scope that is expected to cause a
measurable change in the delivery, efficiency, or effectiveness of
1 or more operations.
Sec. 205. (1) The following shall constitute the
appropriations from part 1 for interdepartmental grant funds made
from the department to other departments: $1,484,800.00 to the
department of environmental quality; $150,100.00 to the department
of attorney general - justice training competitive grant;
$800,500.00 to the judiciary - justice training competitive grant;
$352,700.00 to the department of attorney general - operations;
$650,000.00 to the department of military and veterans affairs -
homeland security grant; $23,028,800.00 to DTMB - information
technology services and projects; and $14,637,700.00 to DTMB -
Michigan public safety communications systems.
(2) Based on the availability of federal funding and the
demonstrated need as indicated by applications submitted to the
state court administrative office, the department shall provide
$1,500,000.00 in Byrne justice assistance grant program funding to
the judiciary by interdepartmental grant.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this article under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this
article under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 207. 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.
Sec. 208. Unless otherwise specified, the departments shall
use the Internet to fulfill the reporting requirements of this
part. This requirement may include transmission of reports via
electronic mail to the recipients identified for each reporting
requirement, or it may include placement of reports on an Internet
or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality. In addition,
preference shall be given to goods or services, or both, that are
manufactured or provided by Michigan small businesses that have
veterans compose at least 35% of their total workforce. As used in
this section, "veteran" means that term as defined in section 261
of the management and budget act, 1984 PA 431, MCL 18.1261. As used
in this section, "small business" means that term as defined in
section 7a of the administrative procedures act of 1969, 1969 PA
306, MCL 24.207a.
Sec. 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. 216. (1) Notwithstanding any other provision of this
article, the schedule of programs in part 1 lists programs which
may, but are not required to be, funded under this article.
(2) Notwithstanding any other provisions of this article, the
schedule of revenue sources in part 1 may or may not be received
from the funding entities listed.
(3) The secondary road patrol funding is not subject to
funding flexibility and shall be funded in accordance with section
629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e.
(4) Any funding required by statute is not subject to funding
flexibility and shall be funded in accordance with that statute.
Sec. 218. The department and agencies receiving appropriations
in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a
listing of all travel by classified and unclassified employees
outside this state in the immediately preceding fiscal year that
was funded in whole or in part with funds appropriated in the
department's budget. The report shall be submitted to the house and
senate standing committees on appropriations, the house and senate
fiscal agencies, and the state budget director. The report shall
include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. (1) The department shall provide quarterly reports,
beginning October 1, to the subcommittees and the senate and house
fiscal agencies, which provide the following data:
(a) A list of major work projects, including the status of
each project.
(b) The department's financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a
year-end projection of budget requirements. If projected department
budget requirements exceed the allocated budget, the report shall
include a plan to reduce overall expenses while still satisfying
specified service level requirements.
(c) Forensic laboratory system staffing levels and vacancies
and backlogs in all disciplines.
(2) The department shall provide all information necessary to
validate that the requirements of this part have been achieved.
(3) The department shall provide a corrective action plan
within 30 days of a quarterly report under this section for any
requirements of this part that have not been achieved. The
department shall provide a monthly status of correction action
plans.
(4) The department shall provide a summary of fund shifts,
that have been approved by the state budget office, that have
occurred between items listed in the schedule of programs mentioned
in part 1 on a quarterly basis to the subcommittees and the senate
and house fiscal agencies.
Sec. 220. The department shall provide the following data to
the subcommittees and the senate and house fiscal agencies on an
annual basis:
(a) As it pertains to inspections conducted by the traffic
safety division, all of the following:
(i) The number of buses and vehicles inspected by the
department.
(ii) The number of buses and vehicles passing and failing
inspection.
(iii) The estimated number of buses and vehicles not inspected.
(b) A report on the status of assessments collected and
authorized under section 629e of the Michigan vehicle code, 1949 PA
300, MCL 257.629e, for the purpose of supporting the secondary road
patrol grant program. The report shall contain updated information
on collection levels, revised projected grant allotments to
counties for the year, a comparison of projected collections and
grant distribution levels with the funds appropriated in part 1 for
the secondary road patrol program, and the extent collection levels
have exceeded or failed to meet appropriated levels for the current
fiscal year or expenditure levels from the previous fiscal year.
(c) A report regarding the department's activities related to
casino gaming oversight. The report shall contain the following:
(i) The amount of money received and expended.
(ii) The nature and structure of the casino gaming oversight
unit.
(iii) The positions and classifications of employees assigned.
(iv) The number of full-time and part-time employees and the
aggregate number of FTEs.
(v) The duties and responsibilities of the assigned employees.
Sec. 221. The appropriations in part 1 are for the core
services, support services, and work projects of the department,
including, but not limited to, the following core services: traffic
safety and enforcement, complaint and criminal investigations, fire
investigation, sex offender registry and enforcement, specialty
teams, civil disorder response – mobilization, capitol security,
hazardous materials response training, intelligence gathering and
dissemination, state emergency operations center, criminal history
system, fingerprint and background checks, the law enforcement
information network, forensics, training and recruiting, public
awareness campaigns, and establishing and monitoring law
enforcement standards.
Sec. 222. The department shall notify the subcommittees, the
chairpersons of the senate and house standing committees on
appropriations, and the senate and house fiscal agencies not less
than 90 days before recommending to close or consolidate any state
police posts. The notification shall include a local and state
impact study of the proposed post closure or consolidation.
Sec. 224. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are
the responsibility of the attorney general. This prohibition does
not apply to legal services for bonding activities and for those
activities that the attorney general authorizes.
Sec. 226. (1) It is the intent of the legislature that the
department shall not provide any subsidy for contractual services
it provides.
(2) When the department provides contractual services to a
local unit of government, the department shall be reimbursed for
all costs incurred in providing the services, including, but not
limited to, retirement and overtime costs.
(3) The department shall define service cost models for those
services requiring reimbursement.
(4) Contractual services provided to an entity other than a
local unit of government may be provided by department personnel,
but only on an overtime basis outside the normal work schedule of
the personnel.
(5) This section does not apply to state agencies.
Sec. 227. The department shall define interoperability
standards to ensure effective communication between state, local,
regional, and federal agencies under public safety scenarios. The
department shall monitor compliance with these interoperability
standards by the agencies and notify the legislature and pertinent
agency management of noncompliance within 30 days of this
determination.
Sec. 228. Not later than November 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose 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
subcommittees, respectively, and the senate and house fiscal
agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state
restricted fund expenditures for the fiscal year ending September
30, 2014.
Sec. 230. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 231. The department, in keeping with its role as the
general law enforcement agency of the state and as the law
enforcement agency of last resort for communities that are either
without local law enforcement resources or are seriously
underserved by local law enforcement resources, shall provide
general law enforcement assistance to those communities until
adequate law enforcement services can be provided to those
communities by other means.
Sec. 232. The department shall serve as an active liaison
between the department of technology, management, and budget and
local public safety agencies to facilitate the use of the MPSCS
towers by those local public safety agencies that have an interest
in using the towers as a part of their communication system.
SCIENCE, TECHNOLOGY, AND TRAINING BUREAU
Sec. 301. (1) The department shall develop and deliver
professional, innovative, and quality training that supports the
enforcement and public safety efforts of the criminal justice
community.
(2) The department shall maintain the staffing and resources
necessary to provide educational opportunities for personal and
professional growth to a minimum of 10,000 state and local law
enforcement employees and other public safety partners.
(3) The department shall maintain the staffing and resources
necessary to provide educational opportunities for personal and
professional growth to a minimum of 3,000 community members.
(4) The department shall define and implement methods with a
goal of reducing the cost of training services delivery by 20%.
These methods may include the pursuit of technology to reach
students throughout the state utilizing distance learning.
(5) The department shall place emphasis on recruiting MCOLES-
certified police officers for the trooper recruit school. Emphasis
shall be given in the hiring process to those officers who are on
layoff and possess valid MCOLES certification. Any emphasis given
in the recruiting and selection process shall be consistent with
the department's hiring standards and in accordance with civil
service rules.
(6) The department shall place emphasis on recruiting and
hiring veterans, particularly for any trooper recruit school
convened. Any emphasis given in the recruiting and selection
process shall be consistent with the department's hiring standards
and in accordance with civil service rules.
(7) Beginning October 1, the department shall submit a report
to the subcommittees within 60 days of the conclusion of any
trooper recruit school. The report shall include the following:
(a) The number of veterans and the number of MCOLES-certified
police officers who commenced that trooper recruit school.
(b) The number of veterans and the number of MCOLES-certified
police officers who concluded that trooper recruit school.
(c) The devices or campaigns that were used to specifically
recruit veterans and MCOLES-certified police officers for that
trooper recruit school.
Sec. 302. (1) MCOLES shall establish standards for the
selection, employment, training, education, licensing, and
revocation of all law enforcement officers.
(2) MCOLES shall maintain the staffing and resources necessary
to provide the basic law enforcement training curriculum for law
enforcement training programs statewide.
(3) MCOLES shall maintain a minimum 98% passing rate from the
MCOLES licensing exam without lowering academic standards to
achieve this rate.
Sec. 303. (1) The department shall maintain a criminal history
system and the state accident data collection system in the support
of public safety and law enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to adhere to 1925 PA 289, MCL 28.241 to 28.248.
(3) The department shall improve the accuracy, timeliness, and
completeness of criminal history information by conducting 30
outreach activities targeted to criminal justice agencies.
(4) The department shall maintain the state accident data
collection system and make this information available to the public
at a reasonable cost. For bulk access to the accident records in
which the vehicle identification number has been collected and
computerized, the department shall make those records available to
the public at cost, provided that the name and address have been
excluded.
Sec. 304. (1) The department shall provide fingerprint and
background check services in support of public safety and law
enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to process fingerprint and background check services
commensurate with fiscal year 2010-2011.
(3) The department shall maintain resources and educational
outreach for the electronic submission of fingerprint information
from local law enforcement agencies and maintain at least a 97%
submission rate.
(4) The department shall define and maintain a cost model
pertaining to providing fingerprint check services and provide for
the following:
(a) Fingerprint service fees shall be commensurate with the
actual costs of delivering this service.
(b) The department shall pursue means of reducing the expenses
associated with delivering this service.
Sec. 305. (1) The department shall maintain the law
enforcement information network in support of public safety and law
enforcement communities in this state.
(2) The department shall maintain the staffing and resources
necessary to adhere to the C.J.I.S. policy council act, 1974 PA
163, MCL 28.211 to 28.215.
(3) The department shall audit criminal justice agencies as
required by federal guidelines.
Sec. 306. (1) The department shall oversee the sex offender
registry and its enforcement in this state.
(2) The department shall maintain the staff and resources
necessary to enforce the provision of the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.736.
(3) The department shall maintain the staffing and resources
necessary to perform activities to maintain a 93% compliance rate
for reporting by registered sex offenders.
FORENSIC SCIENCES
Sec. 401. (1) The department shall provide forensic testing
services to aid in criminal investigations.
(2) The department shall maintain the staffing and resources
necessary to provide forensic evidence with an average turnaround
time of 55 days assuming an annual caseload volume commensurate
with that received in fiscal year 2010-2011.
(3) The department shall implement improved methods with the
intent of reaching an average 30-day turnaround for forensic
evidence.
(4) If changes are made to the department's protocol for
retaining and purging DNA analysis samples and records, the
department shall post a copy of the protocol changes on the
department's website.
UNIFORM SERVICES
Sec. 501. (1) The department shall oversee traffic safety and
enforcement in this state.
(2) The department shall maintain the staffing and resources
necessary to make traffic contacts per patrol hours commensurate
with the service level and contact areas exhibited in fiscal year
2010-2011. There shall be no degradation of road patrol services to
any region of this state.
(3) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout
the state.
Sec. 502. Department enlisted personnel who are employed to
enforce traffic laws as provided in section 629e of the Michigan
vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited
from responding to crimes in progress or other emergency situations
and are responsible for protecting every citizen of this state from
harm.
Sec. 503. The department shall dedicate a minimum of 24,000
patrol hours in distressed cities in this state.
Sec. 505. (1) The department shall provide security services
at the state capitol building.
(2) The department shall maintain the staff and resources
necessary to respond to emergencies at the house office building,
Farnum building, capitol parking lot, Townsend parking ramp, and
Roosevelt parking ramp.
(3) The department shall pursue federal grants to improve the
security at the capitol building.
(4) The department may develop a phased approach for improving
security at the capitol building.
Sec. 506. The department shall submit a report on or before
December 1 to the subcommittees and the senate and house fiscal
agencies regarding the cities in distress public safety initiative
and any measures relative to the law enforcement enhancement
scheduled program contained in part 1. The report shall include,
but is not limited to, the following information for the prior
fiscal year:
(a) Statistics regarding relevant trooper schools, including
the number of applications, the number of troopers graduated, and
the cities or posts in which each of these troopers is assigned or
stationed.
(b) Statistics regarding criminal activity, including the
number of arrests made by troopers assigned to the cities in
distress, the number of traffic stops made by troopers assigned to
cities in distress, the number of parole or probation violators
arrested by troopers assigned to cities in distress, the number of
violent and assaultive crimes committed in the cities in distress,
the number of illegal drug and narcotic crimes committed in the
cities in distress, and the number of property crimes committed in
the cities in distress.
(c) Where reasonably available, statistics regarding the
number of local law enforcement officers employed by the cities in
distress and the number of criminal prosecutions in the counties in
which the cities in distress are located.
SPECIALIZED SERVICES
Sec. 601. (1) The department shall provide specialty services
to citizens of this state in accordance with all applicable state
and federal laws and regulations.
(2) The department shall maintain the staffing and resources
necessary to provide training to maintain readiness to respond
appropriately to at least the number of requests for specialty
services which occurred in fiscal year 2010-2011.
(3) The canine unit shall be available for call out statewide
100% of the time.
(4) The bomb squad unit shall be available for call out
statewide 100% of the time.
(5) The emergency support teams shall be available for call
out statewide 100% of the time.
(6) The underwater recovery unit shall be available for call
out statewide 100% of the time.
(7) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or
unexpected mechanical breakdowns.
(8) Money privately donated to the department is appropriated
under part 1 to be used for the purposes designated by the donor of
the money. Money privately donated to the department's canine unit
shall be used to purchase equipment and other items to enhance the
operation of the canine unit.
Sec. 602. (1) The department shall identify and apprehend
criminals through criminal investigations in this state.
(2) The department shall maintain the staffing and resources
necessary to devote a comparable number of hours investigating
crimes as those performed in fiscal year 2010-2011.
(3) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 56%.
(4) The department shall provide protection to this state, its
economy, welfare, and vital state-sponsored programs through the
prevention and suppression of organized smuggling of untaxed
tobacco products in the state, through enforcement of the tobacco
products tax act, 1993 PA 327, MCL 205.421 to 205.436, and other
laws pertaining to combating criminal activity in this state, by
maintaining a tobacco tax enforcement unit that will dedicate a
minimum of 8,320 hours to tobacco tax enforcement.
(5) The department shall submit an annual report on or by
October 15 to the subcommittees, the senate and house
appropriations subcommittees on general government, and the senate
and house fiscal agencies, which details expenditures related to
tax enforcement activities for the prior fiscal year.
Sec. 603. (1) The department shall provide fire investigation
services to citizens of this state through investigative assistance
to local law enforcement agencies.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at
least the number of requests for service which occurred in fiscal
year 2010-2011.
(3) The fire investigation unit shall be available for call
out statewide 100% of the time.
Sec. 604. The department shall inspect all black and yellow
school buses annually.
Sec. 605. The department shall maintain the staffing and
resources necessary to annually inspect at least 53,000 commercial
vehicles.
SUPPORT SERVICES
Sec. 701. (1) The department shall respond to civil disorders
and natural disasters.
(2) The department shall, at a minimum, maintain readiness
including training and equipment to respond to civil disorders and
natural disasters commensurate with the capabilities of fiscal year
2010-2011.
Sec. 702. (1) The department shall operate the Michigan
intelligence operation center as the state's federally recognized
fusion center.
(2) The department shall ensure public safety through the
emergency management and homeland security division by providing
public and private sector partners with timely and accurate
information and regarding critical information key resources
threats as reported to or discovered by the Michigan intelligence
operations center and increase public awareness on how to report
suspicious activity through website or telephone communications.
(3) The department shall seek to increase the number of public
and private sector contacts which receive vital homeland security
information and intelligence in order to enhance the safety and
security for citizens of this state.
Sec. 703. (1) The department shall provide hazardous materials
response training.
(2) The department shall maintain the staffing and resources
necessary to serve approximately 110 local emergency management
preparedness programs and 88 local emergency planning committees in
this state.
(3) The department shall conduct a minimum of 3 training
sessions to enhance safe response in the event of natural or
manmade incidents, emergencies, or disasters.
(4) The department's emergency management division shall make
every effort to ensure both of the following:
(a) That homeland security grants offered by the federal
government and channeled through the department are allocated to
first responder entities in the highest percentage possible.
(b) That homeland security grants awarded to the city of
Detroit shall not be used to supplant city general funds designated
to support first responder operations.
Sec. 704. (1) The department shall operate and maintain the
state's emergency operations center and provide command and control
in support of emergency response services.
(2) The department shall maintain readiness, including
training and equipment to respond to civil disorders and natural
disasters.
(3) The state director of emergency management may expend
money appropriated under this article to call upon any agency or
department of the state or any resource of the state to protect
life or property or to provide for the health or safety of the
population in any area of the state in which the governor proclaims
a state of emergency or state of disaster under 1945 PA 302, MCL
10.31 to 10.33, or under the emergency management act, 1976 PA 390,
MCL 30.401 to 30.421. The state director of emergency management
may expend the amounts the director considers necessary to
accomplish these purposes. The director shall submit to the state
budget director as soon as possible a complete report of all
actions taken under the authority of this section. The report shall
contain, as a separate item, a statement of all money expended that
is not reimbursable from federal money. The state budget director
shall review the expenditures and submit recommendations to the
legislature in regard to any possible need for a supplemental
appropriation.
(4) In addition to the money appropriated in this article, the
department may receive and expend money from local, private,
federal, or state sources for the purpose of providing emergency
management training to local or private interests and for the
purpose of supporting emergency preparedness, response, recovery,
and mitigation activity. If additional expenditure authorization in
the Michigan administrative information network is approved by the
state budget office under this section, the department and the
state budget office shall notify the subcommittees and the senate
and house fiscal agencies within 10 days after the approval. The
notification shall include the amount and source and the additional
authorization, the date of its approval, and the projected use of
funds to be expended under the authorization.
Sec. 705. (1) The department shall conduct public awareness
campaigns regarding various public safety issues.
(2) The department shall provide resources and technical
assistance to train child passenger safety technicians to promote
public education and awareness to parents.
Sec. 706. (1) In addition to the funds appropriated in part 1,
there is appropriated from the disaster and emergency contingency
House Bill No. 4328 (H-1) as amended April 23, 2013
fund up to [$500,000.00] to cover costs related to any disaster as
defined in the emergency management act, 1976 PA 390, MCL 30.401 to
30.421.
(2) Funds shall not be expended unless the state budget
director recommends the expenditure and the department notifies the
house and senate standing committees on appropriations. No later
than December 1, the department shall provide an annual report to
the senate and house appropriations committees, the senate and
house fiscal agencies, and the state budget office on the use of
the disaster and emergency contingency fund during the prior fiscal
year.
(3) In the event that federal emergency management agency
(FEMA) reimbursement is approved for costs paid from the disaster
and emergency contingency fund, the federal revenue shall be
deposited into the disaster and emergency contingency fund.
(4) Unexpended and unencumbered funds remaining in the
disaster and emergency contingency fund at the close of the fiscal
year shall not lapse to the general fund and shall be carried
forward and be available for expenditure in subsequent fiscal
years.
[
House Bill No. 4328 (H-1) as amended April 23, 2013
]
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, excluding appropriations designated as 1-time
appropriations and adjusting for changes in caseload and related
costs, federal fund match rates, economic factors, and available
revenue. These adjustments will be determined after the January
2014 consensus revenue estimating conference.
ARTICLE XVII
STATE TRANSPORTATION DEPARTMENT
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in part 2, the
amounts listed in this part are appropriated for the state
transportation department and certain state purposes for the fiscal
year ending September 30, 2014, from the funds indicated in this
part. The following is a summary of the appropriations in this
part:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,912.3
GROSS APPROPRIATION.................................... $ 3,440,968,700
Total interdepartmental grants and intradepartmental
transfers............................................ 3,625,100
ADJUSTED GROSS APPROPRIATION........................... $ 3,437,343,600
Federal revenues:
DOT, federal transit administration.................... 44,710,000
DOT-FHWA, highway research, planning, and construction. 1,072,497,500
DOT, federal railroad administration................... 3,100,000
DOT, federal aviation administration................... 78,578,000
Total federal revenues................................. 1,198,885,500
Special revenue funds:
Local revenues......................................... 50,177,100
Private revenues....................................... 100,000
Total local and private revenues....................... 50,277,100
Blue Water Bridge fund................................. 46,212,300
Comprehensive transportation fund...................... 260,840,600
Economic development fund.............................. 42,477,500
IRS debt service rebate................................ 7,523,400
Intercity bus equipment fund........................... 140,000
Local bridge fund...................................... 23,787,900
Michigan transportation fund........................... 989,711,600
Other state restricted revenues........................ 200
Rail freight fund...................................... 2,000,000
State aeronautics fund................................. 14,653,000
State trunkline fund................................... 700,834,500
Total other state restricted revenues.................. 2,088,181,000
State general fund/general purpose..................... $ 100,000,000
Sec. 102. DEBT SERVICE
State trunkline........................................ $ 199,738,200
Economic development................................... 10,003,400
Local bridge fund...................................... 2,406,300
Blue Water Bridge fund................................. 6,962,500
Airport safety and protection plan..................... 3,892,200
Comprehensive transportation........................... 19,318,500
GROSS APPROPRIATION.................................... $ 242,321,100
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 45,912,200
Special revenue funds:
Blue Water Bridge fund................................. 6,962,500
Comprehensive transportation fund...................... 19,318,500
Economic development fund.............................. 10,003,400
Local bridge fund...................................... 2,406,300
IRS debt service rebate................................ 7,523,400
State aeronautics fund................................. 3,892,200
State trunkline fund................................... 146,302,600
State general fund/general purpose..................... $ 0
Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY
SUPPORT SERVICES
MTF grant to department of environmental quality....... $ 1,285,700
MTF grant to department of state for collection of
revenue and fees..................................... 20,000,000
MTF grant to department of treasury.................... 2,500,000
MTF grant to legislative auditor general............... 296,000
STF grant to department of attorney general............ 2,387,000
STF grant to civil service commission.................. 5,697,000
STF grant to department of technology, management, and
budget............................................... 1,324,200
STF grant to department of state police................ 11,258,700
STF grant to department of treasury.................... 129,700
STF grant to legislative auditor general............... 687,600
SAF grant to department of attorney general............ 174,400
SAF grant to civil service commission.................. 150,000
SAF grant to department of technology, management, and
budget............................................... 40,000
SAF grant to department of treasury.................... 71,600
SAF grant to legislative auditor general............... 28,300
CTF grant to department of attorney general............ 200,900
CTF grant to civil service commission.................. 200,000
CTF grant to department of technology, management, and
budget............................................... 46,000
CTF grant to department of treasury.................... 12,200
CTF grant to legislative auditor general............... 36,400
GROSS APPROPRIATION.................................... $ 46,525,700
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 495,500
Michigan transportation fund........................... 24,081,700
State aeronautics fund................................. 464,300
State trunkline fund................................... 21,484,200
State general fund/general purpose..................... $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 29.3
Unclassified salaries.................................. $ 707,000
Asset management council............................... 1,626,400
Commission audit--29.3 FTE positions................... 3,298,200
GROSS APPROPRIATION.................................... $ 5,631,600
Appropriated from:
Special revenue funds:
Michigan transportation fund........................... 1,626,400
State trunkline fund................................... 4,005,200
State general fund/general purpose..................... $ 0
Sec. 105. BUSINESS SUPPORT
Full-time equated classified positions........... 76.5
Business support services--67.5 FTE positions.......... $ 9,427,700
Economic development and enhancement programs--9.0 FTE
positions............................................ 1,426,200
Property management.................................... 8,068,700
Worker's compensation.................................. 2,013,000
GROSS APPROPRIATION.................................... $ 20,935,600
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,369,700
Economic development fund.............................. 378,700
Michigan transportation fund........................... 760,500
State aeronautics fund................................. 625,400
State trunkline fund................................... 17,801,300
State general fund/general purpose..................... $ 0
Sec. 106. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 30,905,000
GROSS APPROPRIATION.................................... $ 30,905,000
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 520,500
Special revenue funds:
Blue Water Bridge fund................................. 52,700
Comprehensive transportation fund...................... 214,100
Economic development fund.............................. 37,200
Michigan transportation fund........................... 282,700
State aeronautics fund................................. 167,100
State trunkline fund................................... 29,630,700
State general fund/general purpose..................... $ 0
Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES
Full-time equated classified positions.......... 186.0
Finance, contracts, and support services--186.0
FTE positions........................................ $ 20,896,100
GROSS APPROPRIATION.................................... $ 20,896,100
Appropriated from:
Interdepartmental grant revenues:
IDG for accounting service center user charges......... 3,625,100
Special revenue funds:
Michigan transportation fund........................... 1,677,000
State trunkline fund................................... 15,594,000
State general fund/general purpose..................... $ 0
Sec. 108. TRANSPORTATION PLANNING
Full-time equated classified positions.......... 141.0
Transportation planning--141.0 FTE positions........... $ 37,794,600
Grants to regional planning councils................... 488,800
GROSS APPROPRIATION.................................... $ 38,283,400
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 20,000,000
Special revenue funds:
Comprehensive transportation fund...................... 610,500
Michigan transportation fund........................... 6,941,300
State aeronautics fund................................. 15,000
State trunkline fund................................... 10,716,600
State general fund/general purpose..................... $ 0
Sec. 109. DESIGN AND ENGINEERING SERVICES
Full-time equated classified positions........ 1,500.8
Engineering services--701.1 FTE positions.............. $ 69,781,400
Program services--737.7 FTE positions.................. 59,563,000
Intelligent transportation systems operations--12.0
FTE positions........................................ 10,712,900
Welcome center operations--50.0 FTE positions.......... 4,403,900
GROSS APPROPRIATION.................................... $ 144,461,200
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 23,529,800
Special revenue funds:
Michigan transportation fund........................... 8,216,800
State trunkline fund................................... 112,714,600
State general fund/general purpose..................... $ 0
Sec. 110. HIGHWAY MAINTENANCE
Full-time equated classified positions.......... 808.7
State trunkline operations--808.7 FTE positions........ $ 275,689,500
GROSS APPROPRIATION.................................... $ 275,689,500
Appropriated from:
Special revenue funds:
State trunkline fund................................... 275,689,500
State general fund/general purpose..................... $ 0
Sec. 111. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge
construction......................................... $ 968,193,500
Local federal aid and road and bridge construction..... 240,443,000
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 21,381,600
County road commissions................................ 583,032,000
Cities and villages.................................... 325,066,400
Commercial corridor fund............................... 100
Basic industry logistics transportation program........ 100
GROSS APPROPRIATION.................................... $ 2,174,116,700
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction. 982,535,000
Special revenue funds:
Local funds............................................ 30,000,000
Blue Water Bridge fund................................. 32,907,300
Local bridge fund...................................... 21,381,600
Michigan transportation fund........................... 944,098,400
State trunkline fund................................... 63,194,200
Commercial corridor fund............................... 100
Basic industry logistics transportation fund........... 100
State general fund/general purpose..................... 100,000,000
Sec. 112. BLUE WATER BRIDGE
Full-time equated classified positions........... 41.0
Blue Water Bridge operations--41.0 FTE positions....... $ 6,289,800
GROSS APPROPRIATION.................................... $ 6,289,800
Appropriated from:
Special revenue funds:
Blue Water Bridge fund................................. 6,289,800
State general fund/general purpose..................... $ 0
Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT
Forest roads........................................... $ 5,000,000
Rural county urban system.............................. 2,500,000
Target industries/economic redevelopment............... 8,029,000
Urban county congestion................................ 8,264,600
Rural county primary................................... 8,264,600
GROSS APPROPRIATION.................................... $ 32,058,200
Appropriated from:
Special revenue funds:
Economic development fund.............................. 32,058,200
State general fund/general purpose..................... $ 0
Sec. 114. AERONAUTICS SERVICES
Full-time equated classified positions........... 54.0
Aviation services--54.0 FTE positions.................. $ 7,354,700
Air service program.................................... 100
GROSS APPROPRIATION.................................... $ 7,354,800
Appropriated from:
Special revenue funds:
State aeronautics fund................................. 7,354,800
State general fund/general purpose..................... $ 0
Sec. 115. PUBLIC TRANSPORTATION SERVICES
Full-time equated classified positions........... 36.0
Passenger transportation services--36.0 FTE positions.. $ 5,662,800
GROSS APPROPRIATION.................................... $ 5,662,800
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 972,100
Special revenue funds:
Comprehensive transportation fund...................... 4,651,800
Michigan transportation fund........................... 38,900
State general fund/general purpose..................... $ 0
Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating.................................... $ 166,624,000
Discretionary state operating.......................... 5,400,000
Nonurban operating/capital............................. 25,187,900
GROSS APPROPRIATION.................................... $ 197,211,900
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 23,187,900
Special revenue funds:
Comprehensive transportation fund...................... 172,024,000
Local funds............................................ 2,000,000
State general fund/general purpose..................... $ 0
Sec. 117. INTERCITY PASSENGER AND FREIGHT
Full-time equated classified positions........... 39.0
Office of rail--39.0 FTE positions..................... $ 6,293,700
Freight property management............................ 1,000,000
Detroit/Wayne County port authority.................... 468,200
Intercity services..................................... 5,940,000
Rural/urban intercity connector........................ 100
Rail operations and infrastructure..................... 24,592,000
Rail passenger service/Wolverine....................... 100
Rail infrastructure assistance......................... 100
Marine passenger service............................... 400,000
Terminal development................................... 461,000
GROSS APPROPRIATION.................................... $ 39,155,200
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 4,500,000
DOT, federal railroad administration................... 3,100,000
Special revenue funds:
Local funds............................................ 150,000
Private funds.......................................... 100,000
Comprehensive transportation fund...................... 26,477,200
Intercity bus equipment fund........................... 140,000
Rail freight fund...................................... 2,000,000
Michigan transportation fund........................... 1,987,900
State trunkline fund................................... 700,100
State general fund/general purpose..................... $ 0
Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services................................... $ 18,028,800
Municipal credit program............................... 100
Transit capital........................................ 32,145,300
Van pooling............................................ 807,000
Service initiatives.................................... 1,682,900
Transportation to work................................. 4,700,000
Regionalization initiatives............................ 100
Urban modernization.................................... 100
GROSS APPROPRIATION.................................... $ 57,364,300
Appropriated from:
Federal revenues:
DOT, federal transit administration.................... 16,050,000
Special revenue funds:
Local funds............................................ 5,635,000
Comprehensive transportation fund...................... 35,679,300
State general fund/general purpose..................... $ 0
Sec. 119. CAPITAL OUTLAY
(1) BUILDINGS AND FACILITIES
Special maintenance, remodeling, and additions......... $ 3,001,500
GROSS APPROPRIATION.................................... $ 3,001,500
Appropriated from:
State trunkline fund................................... 3,001,500
State general fund/general purpose..................... 0
(2) AIRPORT IMPROVEMENT PROGRAMS
Airport safety, protection and improvement program..... $ 93,104,300
GROSS APPROPRIATION.................................... $ 93,104,300
Appropriated from:
Federal revenues:
DOT, federal aviation administration................... 78,578,000
Special revenue funds:
Local funds............................................ 12,392,100
State aeronautics fund................................. 2,134,200
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2013-2014 is $2,188,181,000.00 and
state spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $1,208,386,800.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF TRANSPORTATION
Grants to regional planning councils................... $ 488,800
Grants to local programs............................... 33,000,000
Rail grade crossing.................................... 3,000,000
Local bridge program................................... 21,381,600
Grants to county road commissions...................... 583,032,000
Grants to cities and villages.......................... 325,066,400
Economic development fund.............................. 32,058,200
Air service program.................................... 100
Local bus operating.................................... 166,624,000
Discretionary state operating.......................... 5,400,000
Detroit/Wayne County port authority.................... 468,200
Marine passenger service............................... 400,000
Terminal development................................... 461,000
Specialized services................................... 3,943,800
Municipal credit program............................... 100
Transit capital........................................ 25,895,300
Service initiatives.................................... 332,900
Regionalization initiatives............................ 100
Urban modernization.................................... 100
Transportation to work................................. 4,700,000
Airport improvement program............................ 2,134,200
Total payments to local units of government............ $ 1,208,386,800
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) "AMTRAK" means the national railroad passenger
corporation.
(b) "CTF" means comprehensive transportation fund.
(c) "Department" means the department of transportation.
(d) "DOT" means the United States department of
transportation.
(e) "DOT-FHWA" means DOT, federal highway administration.
(f) "FTE" means full-time equated.
(g) "IRS" means the internal revenue service.
(h) "MTF" means Michigan transportation fund.
(i) "SAF" means state aeronautics fund.
(j) "STF" means state trunkline fund.
Sec. 206. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $200,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 pursuant to section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $40,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in part 1 pursuant to section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1
pursuant to section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 207. The department shall maintain a searchable website
accessible by the public at no cost that includes, but is not
limited to, all of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of part 1. This
requirement may include transmission of reports via electronic mail
to the recipients identified for each reporting requirement, or it
may include placement of reports on 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. A department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 228. Not later than November 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house of representatives standing committees on
appropriations, and the senate and house fiscal agencies.
Sec. 229. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
senate and house appropriations subcommittees on transportation,
respectively, and the senate and house fiscal agencies with an
annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2013 and
September 30, 2014.
Sec. 230. By October 31, 2013, the department shall identify
10 principal measurable outcomes to be affected by expenditure of
the funds appropriated in part 1 and submit a report to the house
and senate appropriations committees, the house and senate fiscal
agencies, and the state budget director that ranks the outcomes by
level of importance and contains current data on those outcomes.
Beginning on April 1, 2014, the department shall provide biannual
updates to the house and senate appropriations committees on
changes in those measurable outcomes and departmental efforts to
improve the outcomes.
Sec. 260. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 262. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 263. (1) The department shall report no later than April
1, 2014 on each specific policy change made to implement a public
act affecting the department that took effect during the prior
calendar year to the house and senate appropriations subcommittees
on the budget for the department, the joint committee on
administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 270. In order to reduce costs and maintain quality, it is
the intent of the legislature that, excluding the fleet of motor
House Bill No. 4328 (H-1) as amended April 23, 2013
vehicles for the department of state police, the department will
prioritize the utilization of remanufactured parts as the primary
means of maintenance and repair for the state of Michigan's fleet
of motor vehicles.
[Sec. 275. The following amounts are appropriated to the Michigan transportation fund for the fiscal year ending September 30, 2014, to be distributed to the state trunkline fund, to county road commissions, and to cities and villages as provided in section 10(1)(j) of 1951 PA 51, MCL 247.660:
(a) $50,000,000.00 from state general fund/general purpose revenue.
(b) An amount equal to total general fund/general purpose appropriation lapses in all state budget areas at the close of the state fiscal year ending September 30, 2013, but not to exceed $150,000,000.00.]
DEPARTMENTAL SECTIONS
Sec. 301. (1) The department may establish a fee schedule and
collect fees sufficient to cover the costs to issue the permits
that the department is authorized by law to issue upon request,
unless otherwise stipulated by law. All permit fees are
nonrefundable application fees and shall be credited to the
appropriate fund to recover the direct and indirect costs of
receiving, reviewing, and processing the requests.
(2) A bridge authority shall hold 3 public hearings on an
increase in any toll charged by the authority at least 30 days
before the toll change will become effective. Two of the hearings
shall be held within 5 miles of the bridge over which the bridge
authority has jurisdiction. One hearing shall be held in Lansing.
Public hearings held under this section shall be conducted in
accordance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, and shall be conducted so as to provide a reasonable
opportunity for public comment, including both spoken and written
comments.
Sec. 303. On request, the department shall provide to a
legislator, in writing, a report on the amount of money to be
received by each city and village and the county road commission of
each county, that is included in whole or in part within the
legislator's legislative district.
Sec. 304. If, as a requirement of bidding on a highway
project, the department requires a contractor to submit financial
or proprietary documentation as to how the bid was calculated, that
bid documentation shall be kept confidential and shall not be
disclosed other than to a department representative without the
contractor's written consent. The department may disclose the bid
documentation if necessary to address or defend a claim by a
contractor.
Sec. 305. The department shall permit space on public
passenger transportation properties to be occupied by public or
private tenants on a competitive market rate basis. The department
shall require that revenue from the tenants be placed in an account
to be used to pay the costs to maintain and improve the property.
Sec. 306. (1) The amounts appropriated in section 103 to
support tax and fee collection, law enforcement, and other program
services provided to the department and to transportation funds by
other state departments shall be expended from transportation funds
pursuant to annual contracts between the department and those other
state departments. The contracts shall be executed prior to the
expenditure or obligation of those funds. The contracts shall
provide, but are not limited to, the following data applicable to
each state department:
(a) Estimated costs to be recovered from transportation funds.
(b) Description of services provided to the department and/or
transportation funds and financed with transportation funds.
(c) Detailed cost allocation methods appropriate to the type
of services being provided and the activities financed with
transportation funds.
(2) Not later than 2 months after publication of the state of
Michigan comprehensive annual financial report, each state
department receiving funding pursuant to an interdepartment
contract with the department shall submit a written report to the
department, the state budget director, and the house and senate
fiscal agencies stating by spending authorization account the
amount of estimated funds contracted with the department, the
amount of funds expended, the amount of funds returned to the
transportation funds, and any unreimbursed transportation-related
costs incurred but not billed to transportation funds. A copy of
the report shall be submitted to the auditor general, and the
report shall be subject to audit by the auditor general as provided
in subsection (3).
(3) Biennially, in each even-numbered fiscal year, the auditor
general shall conduct an audit of charges to transportation funds
by state departments for the 2 preceding fiscal years. The audit
shall include both charges governed by interdepartmental contracts
as well as miscellaneous charges from other state departments not
governed by contracts. The auditor general shall prepare a detailed
report, with recommendations and conclusions, including a summary
of charges and related services to transportation funds by
department, the appropriateness of those charges, the cost
allocation methodologies used in determining the level of funding,
and any unreimbursed transportation-related costs, if any. The
report shall be provided to the senate and house of representatives
committees on appropriations, the senate and house fiscal agencies,
and the state budget director 9 months after publication of the
state of Michigan comprehensive annual financial report.
Sec. 307. Before March 1 of each year, the department will
provide to the legislature, the state budget office, and the house
and senate fiscal agencies its rolling 5-year plan listing by
county or by county road commission all highway construction
projects for the fiscal year and all expected projects for the
ensuing fiscal years.
Sec. 308. (1) As prescribed in subsection (2), the department
shall submit reports to the state budget director, the house and
senate appropriations subcommittees on transportation, and the
house and senate fiscal agencies on department activities related
to the prequalification of construction contractors under 1933 PA
170, MCL 123.501 to 123.508, and related administrative rules. The
report shall be submitted on or before December 1, 2013.
(2) The report submitted under subsection (1) shall include
all of the following:
(a) A description of the department's processes and procedures
for evaluating construction contractor performance on capital
construction projects administered by the department, including
state trunkline projects, rail infrastructure projects, local
agency federal-aid highway projects, and airport improvement
projects.
(b) Criteria that would cause the department to rate
contractor performance as unsatisfactory.
(c) The impact, if any, on a contractor's prequalification if
given an unsatisfactory performance rating by the department.
(d) A description of all department actions related to
unsatisfactory contractor performance ratings and restrictions on
contractor prequalification during the fiscal year ending September
30, 2013.
Sec. 310. The department shall provide in a timely manner
copies of the agenda and approved minutes of monthly transportation
commission meetings to the members of the house and senate
appropriations subcommittees on transportation, the house and
senate fiscal agencies, and the state budget director.
Sec. 313. (1) From funds appropriated in part 1, the
department may increase a state infrastructure bank program and
grant or loan funds in accordance with regulations of the state
infrastructure bank program of the United States department of
transportation. The state infrastructure bank is to be administered
by the department for the purpose of providing a revolving, self-
sustaining resource for financing transportation infrastructure
projects.
(2) In addition to funds provided in subsection (1), money
received by the state as federal grants, repayment of state
infrastructure bank loans, or other reimbursement or revenue
received by the state as a result of projects funded by the program
and interest earned on that money shall be deposited in the
revolving state infrastructure bank fund and shall be available for
transportation infrastructure projects. At the close of the fiscal
year, any unencumbered funds remaining in the state infrastructure
bank fund shall remain in the fund and be carried forward into the
succeeding fiscal year.
(3) The department shall submit a report to the state budget
director, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on the
status of the state infrastructure bank. The department shall
submit the report on or before December 1, 2013. The report shall
include all of the following:
(a) The balance in the state infrastructure bank at September
30, 2013, including a breakdown of the balance by cash and cash
equivalents, outstanding loans, and balance available for loan to
local agencies.
(b) A breakdown of the state infrastructure loan balance by
amounts designated as originating from federal sources and the
amounts originating from nonfederal sources.
(c) A list of outstanding loans by agency, original loan
amount, project description, loan term, and amount outstanding.
Sec. 319. The department shall post signs at each rest area to
identify the agency or contractor responsible for maintenance of
the rest area. The signs shall include a department telephone
number and shall indicate that unsafe or unclean conditions at the
rest area may be reported to that telephone number.
Sec. 353. The department shall review its contractor payment
process and ensure that all prime contractors are paid promptly.
The department shall ensure that prime contractors are in
compliance with special provision 109.10 regarding the prompt
payment of subcontractors.
Sec. 357. When presented with complete local federal aid
project submittals, the department shall complete all necessary
reviews and inspections required to let local federal aid projects
within 120 days of receipt. The department shall implement a system
for monitoring the local federal aid project review process.
Sec. 375. The department is prohibited from reimbursing
contractors or consultants for costs associated with groundbreaking
ceremonies, receptions, open houses, or press conferences related
to transportation projects funded, in whole or in part, by revenue
appropriated in part 1.
Sec. 381. The department shall require as a condition of each
contract or subcontract for construction, maintenance, or
engineering services that the prequalified contractor or
prequalified subcontractor agree to use the E-Verify system to
verify that all persons hired during the contract term by the
contractor or subcontractor are legally present and authorized to
work in the United States. The department may verify this
information directly or may require contractors and subcontractors
to verify the information and submit a certification to the
department. The department shall report to the house and senate
appropriations committees and the house and senate fiscal agencies
by March 1, 2014 describing the processes it has developed and
implemented under provisions of this section. As used in this
section, "E-Verify" means an Internet-based system operated by the
department of homeland security, U.S. citizenship and immigration
services in partnership with the social security administration.
Sec. 383. (1) The department shall prepare an annual report on
all travel by executive branch employees, and others including
local public officials, university employees, and other public
employees on department-owned aircraft. The report shall include,
by department, the name of the traveler, the travel origination
location, the travel destination location, type of aircraft, and
the total estimated costs associated with the air travel.
(2) The report shall be submitted to the senate and house
appropriations subcommittees on transportation and the house and
senate fiscal agencies no later than July 1.
(3) From the funds appropriated in part 1, the department is
prohibited from transporting legislators or legislative staff on
state-owned aircraft without prior approval from the senate
majority leader or the speaker of the house of representatives and
only when the aircraft is already scheduled by state employees on
related official state business.
(4) The department shall maintain a system for recovering the
cost of operating department-owned aircraft through charges to
aircraft users.
Sec. 384. (1) As prescribed in subsections (2) and (3), the
department shall submit reports to the state budget director, the
house and senate appropriations subcommittees on transportation,
and the house and senate fiscal agencies on department activities
related to the NITC. The initial report shall be submitted on or
before December 1, 2013 and shall cover the fiscal year ending
September 30, 2013.
(2) The initial report shall include all of the following:
(a) Department costs related to NITC activities incurred in
the fiscal year ending September 30, 2013, including employee
salaries, wages, benefits, travel, and contractual services.
(b) Costs of other executive branch agencies related to NITC
activities incurred in the fiscal year ending September 30, 2013,
including employee salaries, wages, benefits, travel, and
contractual services.
(c) A breakdown of the source of funds used for the NITC
activities described in subdivisions (a) and (b).
(d) A narrative description of the status of the NITC project,
including efforts undertaken to implement provisions of the
crossing agreement executed June 15, 2012 by representatives of the
Canadian government and this state.
(3) After submission of the initial report, a subsequent
report shall be submitted on March 1, 2014, June 1, 2014, and
September 1, 2014 and shall include the same information described
in subsection (2) for the applicable previous fiscal quarter.
(4) As used in this section, "NITC" means the proposed
crossing of the Detroit river between Detroit and Windsor, Ontario,
and related highway connections, which is commonly identified as
the new international trade crossing.
Sec. 385. (1) The department shall use all available toll
credits, as provided by private toll facilities in this state and
certified by the federal highway administration, to match available
federal aid highway funds.
(2) The department shall not use toll credits generated by a
private tolled bridge crossing to finance, design, plan, construct,
operate, or maintain any international bridge crossing within 5
miles of that privately tolled bridge.
FEDERAL
Sec. 401. Within 30 days of receiving the applicable fiscal
year authorization from the federal government to commit
transportation funds, the department shall notify local agency
representatives, the senate and house of representatives
appropriations transportation subcommittees, the senate and house
fiscal agencies, and the state budget director regarding the amount
of federal aid for categorical allocations to state and local
agency programs not specifically allocated in either federal or
state law.
Sec. 402. A portion of the federal DOT-FHWA highway research,
planning, and construction funds made available to the state shall
be allocated to transportation programs administered by local
jurisdictions in accordance with section 10o of 1951 PA 51, MCL
247.660o. A local road agency, with respect to a project approved
for federal aid funding in a state transportation improvement
program, may enter into a voluntary buyout agreement with the
department or with another local road agency to exchange the
federal aid with state restricted transportation funds as agreed to
by the respective parties. The state restricted transportation
funds received in exchange for federal aid funds shall be used for
the same purpose as the federal aid funds were originally intended.
MICHIGAN TRANSPORTATION FUND
Sec. 501. The money received under the motor carrier act, 1933
PA 254, MCL 475.1 to 479.43, and not appropriated to the department
of licensing and regulatory affairs or the department of state
police is deposited in the Michigan transportation fund.
Sec. 503. (1) The funds appropriated in part 1 for the
economic development and local bridge programs shall not lapse at
the end of the fiscal year but shall carry forward each fiscal year
for the purposes for which appropriated in accordance with 1987 PA
231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL
247.660.
(2) Interest earned in the department of transportation
economic development fund and local bridge fund shall remain in the
respective funds and shall be allocated to the respective programs
based on actual interest earned at the end of each fiscal year.
(3) In addition to the funds appropriated in part 1, the
department of transportation economic development fund and local
bridge fund may receive federal, local, or private funds or
restricted source funds such as interest earnings. These funds are
appropriated for projects that are consistent with the purposes of
the respective funds.
(4) None of the funds statutorily dedicated to the
transportation economic development fund and local bridge fund
shall be diverted to other projects.
Sec. 504. Funds from the Michigan transportation fund shall be
distributed to the comprehensive transportation fund, the economic
development fund, the recreation improvement fund, and the state
trunkline fund, in accordance with this article and part 711 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.71101 to 324.71108, and may only be used as specified in
this article, 1951 PA 51, MCL 247.651 to 247.675, and part 711 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.71101 to 324.71108.
STATE TRUNKLINE FUND
Sec. 601. The department shall work with the road construction
industry and engineering consulting community to develop
performance and road construction warranties for construction
contracts. The development of warranties shall include warranties
on materials, workmanship, performance criteria, and design/build
projects. The department will report by September 30 of each
calendar year to the house of representatives and senate
appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies on the status of
efforts to develop performance and road construction warranties.
Sec. 603. The department shall use traffic congestion as 1 of
the criteria in determining the priorities for designating which
roads shall be remediated in its 5-year road plan, which must be
submitted on or before March 1 of each year. Criteria for
evaluating traffic congestion shall include, but not be limited to,
coordination with local, county, and regional planning, improvement
in traffic operations, improvement in physical roadway conditions,
accident reduction, and coordination with area public
transportation planning.
Sec. 604. At the close of the fiscal year, any unencumbered
and unexpended balance in the state trunkline fund shall remain in
the state trunkline fund and shall carry forward and is
appropriated for federal aid road and bridge programs for projects
contained in the annual state transportation program.
Sec. 610. The department shall have as a priority the removal
of dead deer and other large animal remains from the traveled
portion and shoulder of state highways. The department, and
counties that perform state highway maintenance under contract,
shall remove animal remains, wherever practicable and when funds
are available, away from the traveled portion and shoulder of state
highways.
Sec. 612. The department shall establish guidelines governing
incentives and disincentives provided under contracts for state
trunkline projects. The guidelines shall include specific financial
information concerning incentives and disincentives. On or before
January 1 of each year, the department shall prepare a report for
the immediately preceding fiscal year regarding contract incentives
and disincentives. This report shall include a list, by project, of
the contractors that received contract incentives and/or
disincentives, the amount of the incentives and/or disincentives,
and the number of days that each project was completed either ahead
or past the contracted completion date. This report shall be
provided to the senate and house appropriations subcommittees on
transportation, the senate and house standing committees on
transportation, and the senate and house fiscal agencies.
Sec. 660. (1) The legislature encourages the department to
examine the use of alternative road surface materials, including
recycled materials, and to develop criteria and specifications for
their use in both department-managed and contracted projects.
(2) The department shall evaluate the use of a bituminous mix
which incorporates crumb rubber from scrap tires.
Sec. 661. The appropriation in part 1 of $100,000,000.00 from
the state general fund is appropriated to the state trunkline
federal aid and road and bridge construction program and is
intended to ensure that the state is able to match all available
federal-aid highway funds.
PUBLIC TRANSPORTATION
Sec. 701. The department shall establish an intercity bus
equipment and facility fund as a subsidiary fund within the
comprehensive transportation fund created under section 10b of 1951
PA 51, MCL 247.660b. Proceeds received by the state from the sale
of state-owned intercity bus equipment shall be credited to the
intercity bus equipment facility fund for the purchase and repair
of intercity bus equipment, as appropriated. Security deposits not
returned to a lessee of state-owned intercity bus equipment under
terms of the lease agreement shall be credited to the intercity bus
equipment fund for the repair of intercity bus equipment, as
appropriated. Money received by the department from lease payments
for state-owned intercity bus equipment, and facility maintenance
charges under terms of leases of state-owned intercity facilities,
shall be credited to the intercity bus equipment facility fund for
the purchase and repair of intercity bus equipment or for the
maintenance and rehabilitation of state-owned intercity facilities,
as appropriated. At the close of the fiscal year, any funds
remaining in the intercity bus equipment facility fund shall remain
in the fund and be carried forward into the succeeding fiscal year.
Sec. 702. Money that is received by the state as repayment for
loans made for rail or water freight capital projects, and as a
result of the sale of property or equipment used or projected to be
used for rail or water freight projects shall be deposited in the
fund created by section 17 of the state transportation preservation
act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal
year, any funds remaining in the rail freight fund shall remain in
the fund and be carried forward into the succeeding fiscal year.
Sec. 703. After receiving notification from a railroad company
pursuant to section 8 of the state transportation preservation act
of 1976, 1976 PA 295, MCL 474.58, the department shall immediately
notify the house of representatives and senate appropriations
subcommittees on transportation and the state budget office that
the railroad company has filed with the appropriate governmental
agencies for abandonment of a line.
Sec. 706. The Detroit/Wayne County port authority shall issue
a complete operations assessment and a financial disclosure
statement. The operations assessment shall include operational
goals for the next 5 years and recommendations to improve land
acquisition and development efficiency. The report shall be
completed and submitted to the house of representatives and senate
appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies by February 15
of each fiscal year for the prior fiscal year.
Sec. 711. (1) From the funds appropriated in part 1 from the
comprehensive transportation fund for rail passenger service, the
department shall negotiate with a rail carrier to provide rail
service between Grand Rapids and Chicago and between Port Huron and
Chicago, consistent with the other provisions of this section.
(2) The rail carrier shall, as a condition to receiving a
state operating subsidy, maintain a system to monitor, collect, and
resolve customer complaints and shall make the information
available to the department, the house and senate appropriations
subcommittees on transportation, and the house and senate fiscal
agencies.
(3) Future state support for the service between Grand Rapids
and Chicago and Port Huron and Chicago is dependent on the
department's ability to provide a plan and a contract for services
that increase ridership and revenue, reduce operating costs, and
improve on-time performance.
(4) No state subsidy shall be provided from the funds
appropriated in part 1 if the chosen rail carrier is AMTRAK and
AMTRAK discontinued service or any portion of the service between
Port Huron and Chicago or Grand Rapids and Chicago during the
preceding fiscal year, unless the discontinuance of service was for
track maintenance or was caused by acts of God.
(5) For rail passenger service supported in any part through
capital or operating assistance from funds appropriated in part 1,
the department shall work with the rail carrier to identify ways in
which reasonable transport of bicycles by passengers can be
accommodated.
(6) The department shall report to the house and senate
appropriations subcommittees on transportation and the house and
senate fiscal agencies, not later than July 1, 2014, on the status
of capital grants related to rail passenger service in Michigan.
The report shall identify, and describe the status of, capital
improvement projects related to higher train speeds, reduced travel
time, station renovations, and other service improvements. The
report shall also identify actual or anticipated costs of these
projects, funding sources, and anticipated costs and funding
sources required to maintain the improvements.
Sec. 712. (1) Of the funds appropriated in part 1 for rail
operations and infrastructure, $19,292,000.00 is appropriated from
the CTF. Expenditure of CTF revenue appropriated for rail
operations and infrastructure shall be subject to the following
limitations:
(a) An amount not to exceed $8,667,000.00 to support rail
passenger service between Port Huron and Chicago (Blue Water) and
between Grand Rapids and Chicago (Pere Marquette).
(b) An amount not to exceed $10,625,000.00 to support capital
improvements to state rail infrastructure, including capital
projects in support of rail freight and rail passenger service in
this state, and including matching funds for federal rail capital
grants.
(c) CTF revenue shall not be expended to support operating
costs related to AMTRAK service between Pontiac, Detroit, and
Chicago, including intermediate stations, commonly identified as
the Wolverine.
(2) State operating support for AMTRAK rail passenger service
between Pontiac, Detroit, and Chicago, including intermediate
stations, commonly identified as the Wolverine, shall only be
funded from the part 1 appropriation line item, rail passenger
service/Wolverine. As used in this subsection, state operating
support includes any state cost participation required by contract
between this state and AMTRAK associated with Wolverine service.
Sec. 731. The department shall charge public transit agencies
and intercity bus carriers equal rates per square foot for leasing
space in state-owned intermodal facilities.
Sec. 735. For the fiscal year ending September 30, 2014, the
appropriation to a street railway pursuant to section 10e(22) of
1951 PA 51, MCL 247.660e, is $0.
Sec. 740. The department shall report by March 1 of each year
to the house of representatives and senate appropriations
subcommittees on transportation, the house and senate fiscal
agencies, and the state budget director the encumbered and
unencumbered balances of the comprehensive transportation fund.
STATE AERONAUTICS FUND
Sec. 801. Except as otherwise provided in section 903 for
capital outlay, at the close of the fiscal year, any unobligated
and unexpended balance in the state aeronautics fund created in the
aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1
to 259.208, shall lapse to the state aeronautics fund and be
appropriated by the legislature in the immediately succeeding
fiscal year.
CAPITAL OUTLAY
Sec. 901. (1) From federal-state-local project appropriations
contained in part 1 for the purpose of assisting political entities
and subdivisions of this state in the construction and improvement
of publicly used airports and landing fields within this state, the
state transportation department may permit the award of contracts
on behalf of units of local government for the authorized locations
not to exceed the indicated amounts, of which the state allocated
portion shall not exceed the amount appropriated in part 1.
(2) Political entities and subdivisions shall provide not less
than 5% of the cost of any project under this section, unless a
total nonfederal share greater than 10% is otherwise specified in
federal law. State money shall not be allocated until local money
is allocated. State money for any 1 project shall not exceed 1/3 of
the total appropriation in part 1 from state funds for airport
improvement programs.
(3) The Michigan aeronautics commission may take those steps
necessary to match federal money available for airport construction
and improvement within this state and to meet the matching
requirements of the federal government. Whether acting alone or
jointly with another political subdivision or public agency or with
this state, a political subdivision or public agency of this state
shall not submit to any agency of the federal government a project
application for airport planning or development unless it is
authorized in this article and the project application is approved
by the governing body of each political subdivision or public
agency making the application and by the Michigan aeronautics
commission.
Sec. 902. Before the end of each fiscal year, the state
transportation department shall report to the house and senate
appropriations subcommittees on transportation and the house and
senate fiscal agencies on the status of airport improvement
projects funded in part 1 with the estimated dollars allocated for
each project. If there has to be a delay in reporting, the state
transportation department shall notify the house and senate
appropriations subcommittees on transportation in writing of the
date the report will be received.
Sec. 903. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
Sec. 904. (1) The director shall allocate lump-sum
appropriations made in part 1 consistent with statutory provisions
and the purposes for which funds were appropriated. Lump-sum
allocations shall address priority program or facility needs and
may include, but are not limited to, design, construction,
remodeling and addition, special maintenance, major special
maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations and designated as work
project appropriations shall be available for no more than 3 fiscal
years following the fiscal year in which the original appropriation
was made. Any remaining balance from allocations made in this
section shall lapse to the fund from which it was appropriated
pursuant to the lapsing of funds as provided in the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, 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 2014 consensus revenue estimating
conference.