FIRST CONFERENCE REPORT

 

The Committee of Conference on the matters of difference between the two Houses concerning

 

House Bill No. 4323, entitled

 

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2018; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

 

Recommends:

 

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

 

 

Second: That the Senate and House agree to the Substitute of the House as passed by the House, amended to read as follows:

 

(attached)

 

Third: That the Senate and House agree to the title of the bill to read as follows:

 

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, capital outlay, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017 and September 30, 2018 and for other fiscal years; to provide for certain conditions on


 

appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

 

 

 

_______________________ ________________________

Laura Cox Dave Hildenbrand

 

_______________________ ________________________

Rob VerHeulen Peter MacGregor

 

_______________________ ________________________

Fred Durhal III Vincent Gregory

 

Conferees for the House Conferees for the Senate

 

This is our starting text

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4323

 

 

 

 

 

 

 

 

 

 

 

A bill to make, supplement, adjust, and consolidate

 

appropriations for various state departments and agencies, capital

 

outlay, the judicial branch, and the legislative branch for the

 

fiscal years ending September 30, 2017 and September 30, 2018 and

 

for other fiscal years; to provide for certain conditions on

 

appropriations; to provide for the expenditure of the

 

appropriations; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE I

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

Sec. 101. There is appropriated for the department of

 

agriculture and rural development for the fiscal year ending


September 30, 2018, from the following funds:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

APPROPRIATION SUMMARY

 

Full-time equated unclassified positions.......... 6.0

 

Full-time equated classified positions.......... 493.5

 

GROSS APPROPRIATION.................................... $ 114,698,600

 

Interdepartmental grant revenues:

 

IDG from department of licensing and regulatory

 

affairs, liquor quality testing fees................. 221,800

 

IDG from department of environmental quality,

 

biosolids............................................ 88,500

 

Total interdepartmental grants and intradepartmental

 

transfers............................................ 310,300

 

ADJUSTED GROSS APPROPRIATION........................... $ 114,388,300

 

Federal revenues:

 

USDA, multiple grants.................................. 6,133,100

 

EPA, multiple grants................................... 1,268,100

 

HHS-FDA................................................ 3,733,900

 

Department of interior................................. 238,800

 

Total federal revenues................................. 11,373,900

 

Special revenue funds:

 

Total local revenues................................... 0

 

Private slow-the-spread foundation................... 21,100

 

Private - commodity group revenue...................... 80,500

 

Total private revenues................................. 101,600

 

Agriculture equine industry development fund........... 3,667,200

 

Agriculture licensing and inspection fees.............. 4,065,800


Agriculture preservation fund.......................... 1,427,800

 

Animal welfare fund.................................... 193,300

 

Commodity inspection fees.............................. 710,700

 

Consumer and industry food safety education fund....... 355,800

 

Dairy and food safety fund............................. 5,925,300

 

Drinking water declaration of emergency reserve fund... 100

 

Feed control fund...................................... 1,243,200

 

Fertilizer control fund................................ 849,900

 

Freshwater protection fund............................. 7,914,500

 

Gasoline inspection and testing fund................... 1,504,700

 

Grain dealers fee fund................................. 580,000

 

Horticulture fund...................................... 38,800

 

Industry support funds................................. 444,900

 

Migratory labor housing fund........................... 167,800

 

Nonretail liquor fees.................................. 908,900

 

Private forestland enhancement fund.................... 480,200

 

Refined petroleum fund................................. 3,197,100

 

Rural development fund................................. 2,000,000

 

Testing fees........................................... 265,000

 

Weights and measures regulation fees................... 720,000

 

Total other state restricted revenues.................. 36,661,000

 

State general fund/general purpose..................... $ 66,251,800

 

State general fund/general purpose schedule:

 

Ongoing state general fund/general

 

purpose.................................. $54,501,800

 

One-time state general fund/general

 

purpose.................................. $11,750,000


Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

Full-time equated unclassified positions.......... 6.0

 

Full-time equated classified positions........... 24.0

 

Unclassified salaries--6.0 FTE positions............... $ 562,300

 

Accounting service center.............................. 1,150,400

 

Commissions and boards................................. 23,800

 

Emergency management--4.0 FTE positions................ 1,079,600

 

Executive direction--20.0 FTE positions................ 2,216,900

 

Property management.................................... 709,000

 

GROSS APPROPRIATION.................................... $ 5,742,000

 

Appropriated from:

 

Federal revenues:

 

HHS-FDA................................................ 434,400

 

Special revenue funds:

 

Agriculture licensing and inspection fees.............. 127,700

 

Agriculture preservation fund.......................... 17,000

 

Freshwater protection fund............................. 25,300

 

Industry support funds................................. 54,300

 

Nonretail liquor fees.................................. 30,500

 

State general fund/general purpose..................... $ 5,052,800

 

Sec. 103. INFORMATION AND TECHNOLOGY

 

Information technology services and projects........... $ 1,778,500

 

GROSS APPROPRIATION.................................... $ 1,778,500

 

Appropriated from:

 

Interdepartmental grant revenues:

 

IDG from department of licensing and regulatory

 

affairs, liquor quality testing fees................. 3,200


Special revenue funds:

 

Agriculture licensing and inspection fees.............. 93,800

 

Agriculture preservation fund.......................... 200

 

Dairy and food safety fund............................. 61,200

 

Freshwater protection fund............................. 100

 

Gasoline inspection testing fund....................... 31,800

 

Nonretail liquor fees.................................. 500

 

State general fund/general purpose..................... $ 1,587,700

 

Sec. 104. FOOD AND DAIRY

 

Full-time equated classified positions.......... 125.0

 

Food safety and quality assurance--94.0 FTE positions.. $ 16,798,400

 

Milk safety and quality assurance--31.0 FTE positions.. 4,510,300

 

GROSS APPROPRIATION.................................... $ 21,308,700

 

Appropriated from:

 

Federal revenues:

 

HHS-FDA................................................ 2,301,500

 

USDA, multiple grants.................................. 136,300

 

Special revenues funds:

 

Consumer and industry food safety education fund....... 355,800

 

Dairy and food safety fund............................. 5,373,900

 

State general fund/general purpose..................... $ 13,141,200

 

Sec. 105. ANIMAL INDUSTRY

 

Full-time equated classified positions........... 61.0

 

Animal disease prevention and response--61.0 FTE

 

positions............................................ $ 9,267,300

 

Indemnification - livestock depredation................ 50,000

 

GROSS APPROPRIATION.................................... $ 9,317,300


Appropriated from:

 

Federal revenues:

 

Department of interior................................. 40,800

 

HHS-FDA................................................ 46,600

 

USDA, multiple grants.................................. 528,600

 

Special revenue funds:

 

Private - commodity group revenue...................... 30,500

 

Agriculture licensing and inspection fees.............. 69,700

 

Animal welfare fund.................................... 193,300

 

State general fund/general purpose..................... $ 8,407,800

 

Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT

 

Full-time equated classified positions........... 94.0

 

Pesticide and plant pest management--88.0 FTE

 

positions............................................ $ 14,073,800

 

Producer security/grain dealers--6.0 FTE positions..... 618,500

 

GROSS APPROPRIATION.................................... $ 14,692,300

 

Appropriated from:

 

Federal revenues:

 

Department of interior................................. 101,700

 

EPA, multiple grants................................... 536,700

 

HHS-FDA................................................ 325,100

 

USDA, multiple grants.................................. 715,000

 

Special revenue funds:

 

Private - slow-the-spread foundation................... 21,100

 

Agriculture licensing and inspection fees.............. 3,543,200

 

Commodity inspection fees.............................. 709,600

 

Feed control fund...................................... 1,056,600


Fertilizer control fund................................ 825,900

 

Freshwater protection fund............................. 154,600

 

Grain dealers fee fund................................. 572,100

 

Horticulture fund...................................... 38,800

 

Industry support funds................................. 248,000

 

State general fund/general purpose..................... $ 5,843,900

 

Sec. 107. ENVIRONMENTAL STEWARDSHIP

 

Full-time equated classified positions........... 65.5

 

Environmental stewardship - MAEAP--25.0 FTE positions.. $ 10,236,600

 

Farmland and open space preservation--10.0 FTE

 

positions............................................ 1,623,100

 

Intercounty drain--6.0 FTE positions................... 802,900

 

Migrant labor housing--9.0 FTE positions............... 1,206,800

 

Qualified forest program--9.0 FTE positions............ 2,697,300

 

Right-to-farm--6.5 FTE positions....................... 950,800

 

GROSS APPROPRIATION.................................... $ 17,517,500

 

Appropriated from:

 

Interdepartmental grant revenues:

 

IDG from department of environmental quality,

 

biosolids............................................ 88,500

 

Federal revenues:

 

Department of interior................................. 96,300

 

EPA, multiple grants................................... 558,700

 

USDA, multiple grants.................................. 822,300

 

Special revenue funds:

 

Agriculture preservation fund.......................... 1,410,600

 

Freshwater protection fund............................. 7,689,500


Migratory labor housing fund........................... 139,200

 

Private forestland enhancement fund.................... 480,200

 

State general fund/general purpose..................... $ 6,232,200

 

Sec. 108. LABORATORY SERVICES

 

Full-time equated classified positions.......... 107.0

 

Central licensing and customer service call

 

center--11.0 FTE positions........................... $ 1,218,000

 

Consumer protection program--41.0 FTE positions........ 6,711,200

 

Laboratory services--42.0 FTE positions................ 6,829,000

 

USDA monitoring--13.0 FTE positions.................... 1,622,100

 

GROSS APPROPRIATION.................................... $ 16,380,300

 

Appropriated from:

 

Interdepartmental grant revenues:

 

IDG from department of licensing and regulatory

 

affairs, liquor quality testing fees................. 218,600

 

Federal revenues:

 

EPA, multiple grants................................... 172,700

 

HHS-FDA................................................ 626,300

 

USDA, multiple grants.................................. 1,623,200

 

Special revenue funds:

 

Agriculture licensing and inspection fees.............. 231,400

 

Commodity inspection fees.............................. 1,100

 

Dairy and food safety fund............................. 490,200

 

Feed control fund...................................... 186,600

 

Fertilizer control fund................................ 24,000

 

Freshwater protection fund............................. 45,000

 

Gasoline inspection and testing fund................... 1,472,900


Grain dealers fee fund................................. 7,900

 

Migratory labor housing fund........................... 28,600

 

Refined petroleum fund................................. 3,197,100

 

Testing fees........................................... 265,000

 

Weights and measures regulation fees................... 720,000

 

State general fund/general purpose..................... $ 7,069,700

 

Sec. 109. AGRICULTURE DEVELOPMENT

 

Full-time equated classified positions........... 17.0

 

Agriculture development--12.0 FTE positions............ $ 4,019,800

 

Food and agriculture investment program................ 4,743,900

 

Grape and wine program--3.0 FTE positions.............. 927,000

 

Rural development fund grant program--1.0 FTE

 

position............................................. 2,000,000

 

Statistical reporting service--1.0 FTE position........ 204,700

 

GROSS APPROPRIATION.................................... $ 11,895,400

 

Appropriated from:

 

Federal revenues:

 

USDA, multiple grants.................................. 2,307,700

 

Special revenue funds:

 

Private - commodity group revenue...................... 50,000

 

Industry support funds................................. 142,600

 

Nonretail liquor fees.................................. 877,900

 

Rural development fund................................. 2,000,000

 

State general fund/general purpose..................... $ 6,517,200

 

Sec. 110. FAIRS AND EXPOSITIONS

 

County fairs, shows, and expositions grants............ $ 649,300

 

Fairs and racing....................................... 256,600


Licensed tracks - light horse racing................... 40,300

 

Light horse racing - breeders' awards.................. 20,000

 

Purses and supplements - fairs/licensed tracks......... 708,300

 

Standardbred breeders' awards.......................... 345,900

 

Standardbred purses and supplements - licensed tracks.. 671,800

 

Standardbred sire stakes............................... 275,000

 

Thoroughbred breeders' awards.......................... 368,600

 

Thoroughbred sire stakes............................... 378,800

 

Thoroughbred supplements - licensed tracks............. 601,900

 

GROSS APPROPRIATION.................................... $ 4,316,500

 

Appropriated from:

 

Special revenue funds:

 

Agriculture equine industry development fund........... 3,667,200

 

State general fund/general purpose..................... $ 649,300

 

Sec. 111. ONE-TIME APPROPRIATIONS

 

Drinking water declaration of emergency................ $ 100

 

Enhanced wildlife risk management project.............. 1,000,000

 

Intercounty drain...................................... 250,000

 

Agriculture industry research and development.......... 8,400,000

 

Food bank council of Michigan.......................... 2,000,000

 

Albion equestrian center............................... 100,000

 

GROSS APPROPRIATION.................................... $ 11,750,100

 

Appropriated from:

 

Special revenue funds:

 

Drinking water declaration of emergency reserve fund... 100

 

State general fund/general purpose..................... $ 11,750,000

 

 

 


PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2017-2018

 

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 2017-2018 is $102,912,800.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2017-2018 is $7,350,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

Environmental stewardship/MAEAP........................ $ 4,250,000

 

Enhanced wildlife risk management project.............. 1,000,000

 

Qualified forest program............................... 1,500,000

 

Rural development fund grant program................... 600,000

 

TOTAL.................................................. $ 7,350,000

 

Sec. 202. The appropriations authorized under part 1 and this

 

part are subject to the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 

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

 

(a) "Department" means the department of agriculture and rural

 

development.

 

(b) "Director" means the director of the department.

 

(c) "EPA" means the United States Environmental Protection

 

Agency.

 

(d) "FDA" means the United States Food and Drug


Administration.

 

(e) "Fiscal agencies" means the Michigan house fiscal agency

 

and the Michigan senate fiscal agency.

 

(f) "FTE" means full-time equated.

 

(g) "HHS" means the United States Department of Health and

 

Human Services.

 

(h) "IDG" means interdepartmental grant.

 

(i) "LARA" means the Michigan department of licensing and

 

regulatory affairs.

 

(j) "LCC" means the Michigan liquor control commission.

 

(k) "MAEAP" means the Michigan agriculture environmental

 

assurance program.

 

(l) "MDEQ" means the Michigan department of environmental

 

quality.

 

(m) "MDNR" means the Michigan department of natural resources.

 

(n) "MOU" means memorandum of understanding.

 

(o) "Subcommittees" means all members of the subcommittees of

 

the house and senate appropriations committees with jurisdiction

 

over the budget for the department.

 

(p) "TB" means tuberculosis.

 

(q) "USDA" means the United States Department of Agriculture.

 

Sec. 204. The departments and agencies receiving

 

appropriations in part 1 shall use the internet to fulfill the

 

reporting requirements of this part. This requirement 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. 205. 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. 206. The director shall take all reasonable steps to

 

ensure businesses in deprived and depressed communities compete for

 

and perform contracts to provide services or supplies, or both.

 

Each director shall strongly encourage firms with which the

 

department contracts to subcontract with certified businesses in

 

depressed and deprived communities for services or supplies, or

 

both.

 

Sec. 207. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the house and senate appropriations committees, the

 

house and senate fiscal agencies, and the state budget director.

 

The report shall include the following information:


(a) The dates of each travel occurrence.

 

(b) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

Sec. 208. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those outside services that

 

the attorney general authorizes.

 

Sec. 209. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the prior fiscal year. This report shall summarize the

 

projected year-end general fund/general purpose appropriation

 

lapses by major departmental program or program areas. The report

 

shall be transmitted to the chairpersons of the senate and house of

 

representatives standing committees on appropriations and the

 

senate and house fiscal agencies.

 

Sec. 210. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $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. 211. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following for each department or agency:

 

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

 

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

 

(c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.


(d) The number of active department employees by job

 

classification.

 

(e) Job specifications and wage rates.

 

Sec. 212. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

chairs, the subcommittees, respectively, and the senate and house

 

fiscal agencies with an annual report on estimated state restricted

 

fund balances, state restricted fund projected revenues, and state

 

restricted fund expenditures for the fiscal years ending September

 

30, 2017 and September 30, 2018.

 

Sec. 213. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the agency's performance.

 

Sec. 214. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2018 is $12,400,000.00. From this amount, total agency

 

appropriations for pension-related legacy costs are estimated at

 

$6,381,100.00. Total agency appropriations for retiree health care

 

legacy costs are estimated at $6,018,900.00.

 

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. 234. 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.

 

 

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

Sec. 301. (1) The department may establish a fee schedule and

 

collect fees for the following work activities and services:

 

(a) Pesticide and plant pest management propagation and

 

certification of virus-free foundation stock.

 

(b) Fruit and vegetable inspection and grading services at

 

shipping and termination points and processing plants.

 

(c) Laboratory support testing for testing horses in draft

 

horse pulling contests at county fairs when local jurisdictions

 

request state assistance.

 

(d) Laboratory support analyses to determine foreign

 

substances in horses engaged in racing or pulling contests at

 

tracks.

 

(e) Laboratory support analyses of food, livestock, and

 

agricultural products for disease, foreign products for disease,

 

toxic materials, foreign substances, and quality standards.

 

(f) Laboratory support test samples for other state and local

 

agencies and public or private organizations.

 

(2) The department may receive and expend revenue from the

 

fees authorized under subsection (1), subject to appropriation, for

 

the purpose of recovering expenses associated with the work

 

activities and services described in subsection (1). Fee revenue

 

collected by the department under subsection (1) shall not lapse to

 


the state general fund at the end of the fiscal year but shall

 

carry forward for appropriation by the legislature in the

 

subsequent fiscal year.

 

(3) The department shall notify the subcommittees, the fiscal

 

agencies, and the state budget office 30 days prior to proposing

 

changes in fees authorized under this section or under section 5 of

 

1915 PA 91, MCL 285.35.

 

(4) On or before February 1 of each year, the department shall

 

provide a report to the subcommittees, the fiscal agencies, and the

 

state budget office detailing all the fees charged by the

 

department under the authorization provided in this section,

 

including, but not limited to, rates, number of individuals paying

 

each fee, and the revenue generated by each fee in the previous

 

fiscal year.

 

Sec. 302. (1) The department may contract with or provide

 

grants to local units of government, institutions of higher

 

education, or nonprofit organizations to support activities

 

authorized by appropriations in part 1. As used in this section,

 

contracts and grants include, but are not limited to, contracts for

 

delivery of groundwater/freshwater programs, MAEAP technical

 

assistance, forest management, invasive species monitoring,

 

wildlife risk mitigation, grants promoting proper pesticide

 

disposal, and research grants for the purpose of enhancing the

 

agricultural industries in this state.

 

(2) The department shall provide notice of contracts or grants

 

authorized under this section to the subcommittees, the fiscal

 

agencies, and the state budget office not later than 7 days before


the department notifies contract or grant recipients.

 

 

 

FOOD AND DAIRY

 

Sec. 401. (1) The department shall report on the previous

 

calendar year's activities of the food and dairy division. The

 

report shall include information on activities and outcomes of the

 

dairy safety and inspection program, the food safety inspection

 

program, the foodborne illness and emergency response program, and

 

the food service program.

 

(2) The report shall include information on significant

 

foodborne outbreaks and emergencies, including any enforcement

 

actions taken related to food safety during the prior calendar

 

year.

 

(3) The report shall be transmitted to the subcommittees, the

 

fiscal agencies, and the state budget office and posted to the

 

department's website on or before April 1 of each year.

 

Sec. 402. From the funds appropriated in part 1 for food

 

safety and quality assurance fund the department shall issue a

 

grant of $150,000.00 to a third-party entity for the purposes of

 

providing education and training as it relates to proper management

 

of draft beer delivery systems. The grant issued under this section

 

shall be focused on providing education and training to the new

 

entities that were given the ability by 2016 PA 514 to fill

 

growlers for off-premises consumption under section 537 of the

 

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1537.

 

Sec. 403. It is the intent of the legislature that the

 

department work with the FDA and representatives of agriculture

 


producers to develop on-farm food safety education and training

 

programs to assist producers in implementing the food safety

 

modernization act, Public Law 111-353, requirements. The department

 

may receive and expend federal revenues in excess of the federal

 

revenue appropriated in part 1, section 104, for food safety

 

modernization act, Public Law 111-353, education and training

 

program activities. The department shall notify the subcommittees

 

and the fiscal agencies prior to expending federal revenues

 

authorized under this section.

 

 

 

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. 452. The department shall report on the previous calendar

 

year's activities of the animal industry division. The report shall

 

be transmitted to the subcommittees, the fiscal agencies, and the

 

state budget office and posted to the department's website on or

 

before April 1 of each year.

 

Sec. 453. (1) From the funds appropriated in part 1 for animal

 

disease prevention and response, the department may provide for

 

indemnity pursuant to the animal industry act, 1988 PA 466, MCL

 

287.701 to 287.746, not to exceed $100,000.00 per order. Any

 

indemnification agreement between the department and an owner of

 


livestock that exceeds $100,000.00 shall be subject to specific

 

appropriation by the legislature.

 

(2) The department shall not make an indemnification payment

 

under the animal industry act, 1988 PA 466, MCL 287.701 to 287.746,

 

until the department provides all of the following information to

 

the subcommittees, the fiscal agencies, and the state budget

 

office:

 

(a) The reason for the indemnification.

 

(b) The amount of the indemnification.

 

(3) From the funds appropriated in part 1 for indemnification

 

- livestock depredation, the department shall make indemnification

 

payments for livestock killed by a wolf, coyote, or cougar pursuant

 

to the wildlife depredation indemnification act, 2012 PA 487, MCL

 

285.361 to 285.365.

 

(4) The department shall include in the annual report required

 

under section 452 of this part all indemnification payments for

 

livestock depredation made in the previous calendar year. The

 

report shall include all of the following information:

 

(a) The reason for the indemnification.

 

(b) The amount of the indemnification.

 

(c) The person to whom the indemnification was paid.

 

Sec. 454. The department shall use its resources to

 

collaborate with the USDA to monitor bovine TB, consistent with the

 

May 2016 memorandum of understanding between the department and the

 

USDA.

 

Sec. 457. (1) On or before October 15, 2017, the department

 

shall provide to the subcommittees, the fiscal agencies, and the


state budget office a report on bovine TB status and department

 

activities.

 

(2) For each fiscal quarter following the report required in

 

subsection (1), the department shall provide an update to the

 

subcommittees, the fiscal agencies, and the state budget office.

 

The quarterly update reports shall identify significant impacts to

 

the program, including new incidence of bovine TB in this state,

 

department activity associated with specific new incidence of

 

bovine TB, any changes in USDA requirements or movement orders, and

 

information and data on wildlife risk mitigation plan

 

implementation in the modified accredited zone; implementation of a

 

movement certificate process; progress toward annual surveillance

 

test requirements; efforts to work with slaughter facilities in

 

this state, as well as those that slaughter a significant number of

 

animals from this state; educational programs and information for

 

this state's livestock community; and any other item the

 

legislature should be aware of that will promote or hinder efforts

 

to achieve bovine TB-free status for this state.

 

Sec. 458. From the funds appropriated in part 1 for 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.

 

Sec. 459. It is the intent of the legislature that the

 

department shall not conduct whole herd bovine TB testing on any 1

 

herd in a TB-free zone more often than every 4 years or re-test

 

until all other herds in their county have been tested, unless


involved in an epidemiological investigation, there is an outbreak

 

within a 10-radius-mile area, or is not on a verified wildlife risk

 

mitigated premises. If there is an outbreak within a 10-radius-mile

 

area, protocols outlined by the current memorandum of understanding

 

with the USDA shall be used.

 

Sec. 461. (1) From the funds appropriated in part 1 for bovine

 

TB risk mitigation, the department shall establish a program to

 

identify and mitigate risks related to the transmission of bovine

 

TB from the wildlife to cattle. Risk mitigation activities shall

 

include grants to livestock producers to implement risk mitigation

 

projects. Grants under this section may be made only for risk

 

mitigation projects identified and approved by the department prior

 

to the start of project activity. The department may work with

 

local conservation districts in implementing the bovine TB risk

 

mitigation program.

 

(2) From the funds appropriated in part 1 for bovine TB risk

 

mitigation, not to exceed $20,000.00, the department shall

 

establish a grant program to assist in the construction of

 

protective systems for apiaries. The department may make grants

 

under this program to reimburse apiary owners for costs of projects

 

designed to protect apiaries from damage by wildlife, subject to

 

all of the following:

 

(a) Grants may not exceed $250.00 per apiary site.

 

(b) Grants under this subsection may be made only for projects

 

identified and approved by the department prior to the start of

 

project activity.

 

(3) The department shall report on grants issued under this


section as provided in section 302 of this part.

 

 

 

PESTICIDE AND PLANT PEST MANAGEMENT

 

Sec. 501. The department shall report on the previous calendar

 

year's activities of the pesticide and plant pest management

 

division. The report shall be transmitted to the subcommittees, the

 

fiscal agencies, and the state budget office and posted to the

 

department's website on or before April 1 of each year.

 

 

 

ENVIRONMENTAL STEWARDSHIP

 

Sec. 601. The funds appropriated in part 1 for environmental

 

stewardship/MAEAP shall be used to support department agriculture

 

pollution prevention programs, including groundwater and freshwater

 

protection programs under part 87 of the Michigan natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.8701 to

 

324.8717, and technical assistance in implementing conservation

 

grants available under the federal farm bill of 2014.

 

Sec. 602. The department shall report on the previous calendar

 

year's activities of the environmental stewardship division. The

 

report shall be transmitted to the subcommittees, the fiscal

 

agencies, and the state budget office and posted to the

 

department's website on or before April 1 of each year.

 

Sec. 604. The department may receive and expend federal

 

revenues in excess of the federal revenue appropriated in section

 

107 of part 1 for environmental stewardship and MAEAP activities.

 

The department shall notify the subcommittees, the fiscal agencies,

 

and the state budget office prior to expending federal revenues

 


authorized under this section.

 

Sec. 608. (1) The appropriations in part 1 for qualified

 

forest affidavit program are for the purpose of increasing the

 

knowledge of nonindustrial private forestland owners of sound

 

forest management practices and increasing the amount of commercial

 

timber production from those lands.

 

(2) The department shall work in partnership with stakeholder

 

groups and other state and federal agencies to increase the active

 

management of nonindustrial private forestland to foster the growth

 

of Michigan's timber product industry.

 

 

 

LABORATORY PROGRAM

 

Sec. 651. The department shall report on the previous calendar

 

year's activities of the laboratory division. The report shall be

 

transmitted to the subcommittees, the fiscal agencies, and the

 

state budget office and posted to the department's website on or

 

before April 1 of each year.

 

 

 

AGRICULTURE DEVELOPMENT

 

Sec. 701. (1) From the funds appropriated in part 1 for the

 

food and agriculture investment program, the department shall

 

establish and administer a food and agriculture investment program.

 

(2) The food and agriculture investment program shall expand

 

the Michigan food and agriculture sector, grow Michigan exports,

 

promote the development of value-added agricultural production,

 

food hubs, food incubators, and community-based processing

 

facilities, and the expansion of farm markets and urban

 


agriculture, and increase food processing activities within the

 

state by accelerating projects and infrastructure development that

 

support growth in the food and agriculture processing industry.

 

(3) In addition to the funds appropriated in part 1, the

 

department may receive and expend funds received from outside

 

sources for the food and agriculture investment program.

 

(4) Before the allocation of funding, all projects shall

 

receive approval from the Michigan commission of agriculture and

 

rural development, except for projects selected through a

 

competitive process by a joint evaluation committee selected by the

 

director and consisting of representatives that have agriculture,

 

business, and economic development expertise. Projects funded

 

through the food and agriculture investment program will be

 

required to have a grant agreement that outlines milestones and

 

activities that must be met in order to receive a disbursement of

 

funds. Projects must also identify measurable project outcomes.

 

(5) The department shall include in the agriculture

 

development annual report a report on the food and agriculture

 

investment program for the previous fiscal year that includes a

 

listing of the grantees, award amounts, match funding, project

 

locations, and project outcomes.

 

(6) The food and agriculture investment program shall be

 

administered by the department and provide support for food and

 

agriculture projects that will enable growth in the industry and

 

this state's economy.

 

(7) The unexpended portion of the food and agriculture

 

investment program is a work project appropriation in accordance


with section 451a(1) of the management and budget act, 1984 PA 431,

 

MCL 18.1451a. All of the following apply to the project:

 

(a) The purpose of the project is to promote and expand the

 

Michigan food and agriculture sector, grow Michigan exports, and

 

increase food processing activities within the state.

 

(b) The project will be funded in accordance with this section

 

and the project guidelines approved by the Michigan agriculture

 

commission prior to an award.

 

(c) The estimated cost of this project is identified in the

 

appropriation line item.

 

(d) The tentative completion date for the work project is

 

September 30, 2020.

 

(8) The department may expend money from the funds

 

appropriated in part 1 for the food and agriculture investment

 

program, including all of the following activities:

 

(a) Grants.

 

(b) Loans or loan guarantees.

 

(c) Infrastructure development.

 

(d) Other economic assistance.

 

(e) Program administration.

 

(f) Export assistance.

 

(9) The department shall expend no more than 10% from the

 

funds appropriated in part 1 for the food and agriculture

 

investment program for administrative purposes.

 

Sec. 702. The department shall work with the rural development

 

fund board to establish a process and criteria for funding projects

 

as well as establishing metrics and measurable outcomes for the


program. Funds appropriated from the rural development fund shall

 

be used in accordance with the provisions of the rural development

 

fund act, 2012 PA 411, MCL 286.941 to 286.947.

 

Sec. 706. (1) The department shall report on the previous

 

calendar year's activities of the agriculture development division.

 

The report shall be transmitted to the subcommittees, the fiscal

 

agencies, and the state budget office and posted to the

 

department's website on or before April 1 of each year.

 

(2) The report shall include the following information on any

 

grants awarded during the prior fiscal year:

 

(a) The name of the grantee.

 

(b) The amount of the grant.

 

(c) The purpose of the grant, including measurable outcomes.

 

(d) Additional state, federal, private, or local funds

 

contributed to the grant project.

 

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

 

Sec. 709. (1) Not later than April 1 of the current fiscal

 

year, the department shall provide a report to the subcommittees,

 

fiscal agencies, and the state budget office describing the

 

activities of the grape and wine industry council established under

 

section 303 of the Michigan liquor control code 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 previous fiscal year and the

 

results of research grant projects completed during the previous

 

fiscal year.

 

 

 

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 Michigan gaming control

 

board's regulatory expenses and the department's expenses to

 

administer horse racing programs and laboratory analysis, shall be

 

reduced proportionately if revenues to the agriculture equine

 

industry development fund decline during the preceding fiscal year

 

to a level lower than the amounts appropriated in part 1.

 

Sec. 804. It is the intent of the legislature that 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 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, shows, and expositions grant program. The program

 

shall have the following objectives:

 

(a) Assist in the promotion of building improvements or other

 

capital improvements at county fairgrounds of the state.

 

(b) Provide financial support, promotion, prizes, and premiums

 

of equine, livestock, and other agricultural commodity expositions

 

in the state.

 

(2) The department shall award grants on a competitive basis

 

to county fairs or other organizations from the funds appropriated

 

in part 1 for county fairs, shows, and expositions grants. Grantees


will be required to provide a dollar-for-dollar cash match with

 

grant awards and identify measurable project outcomes. A county

 

fair organization that received a county fair capital improvement

 

grant in the prior fiscal year shall not receive a grant from the

 

appropriation in part 1.

 

(3) From the amount appropriated in part 1 for county fairs,

 

shows, and expositions, up to $20,000.00 shall be expended for the

 

purpose of financial support, promotion, prizes, and premiums of

 

equine, livestock, and other agricultural commodity expositions in

 

this state.

 

(4) All fairs receiving grants under this section shall

 

provide a report to the department on the financial impact

 

resulting from the capital improvement project on both fair and

 

nonfair events. These reports are due for 3 years immediately

 

following the completion of the capital improvement project.

 

(5) The department shall identify criteria, evaluate

 

applications, and provide recommendations to the director for final

 

approval of grant awards.

 

(6) The department may expend money from the funds

 

appropriated in part 1 for the county fairs, shows, and expositions

 

grants for administering the program.

 

(7) The unexpended portion of the county fairs, shows, and

 

expositions grants is considered a work project appropriation in

 

accordance with section 451a of the management and budget act, 1984

 

PA 431, MCL 18.1451a. The following apply to the project:

 

(a) The purpose of the project is to support building

 

improvements or other capital improvements at county fairgrounds of


the state.

 

(b) All grants will be distributed in accordance with this

 

section and the grant guidelines published prior to the request for

 

proposals.

 

(c) The estimated cost of the project is identified in the

 

appropriation line item.

 

(d) The tentative completion date for the work project is

 

September 30, 2020.

 

(8) The department shall provide a year-end report on the

 

county fairs, shows, and expositions grants no later than December

 

1, 2018 to the subcommittees, the fiscal agencies, and the state

 

budget director that includes a listing of the grantees, award

 

amounts, match funding, and project outcomes.

 

 

 

ONE-TIME APPROPRIATIONS

 

Sec. 901. From the appropriations in part 1 for agriculture

 

industry research and development, funds shall be expended as

 

follows:

 

Animal agriculture initiative.......................... $ 2,500,000

 

Fruit and vegetable campus/mobile labs................. 3,200,000

 

Fruit and vegetable campus/mobile labs workforce

 

development initiative .............................. 1,200,000

 

Tree fruit commission.................................. 1,500,000

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 


FOR FISCAL YEAR 2018-2019

 

GENERAL SECTIONS

 

Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2019 for

 

the line items listed in part 1. The fiscal year 2018-2019

 

appropriations are anticipated to be the same as those for fiscal

 

year 2017-2018, 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 2018 consensus revenue estimating

 

conference.

 

 

 

 

 

ARTICLE II

 

CAPITAL OUTLAY

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

FOR FISCAL YEAR 2016-2017

 

Sec. 101. There is appropriated for the various state

 

departments and agencies and capital outlay to supplement

 

appropriations for the fiscal year ending September 30, 2017, from

 

the following funds:

 

APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................. $ 2,400

 

Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

transfers............................................ 0

 


ADJUSTED GROSS APPROPRIATION........................... $ 2,400

 

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..................... $ 2,400

 

Sec. 102. CAPITAL OUTLAY

 

(1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $ 2,400

 

Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

transfers............................................ 0

 

ADJUSTED GROSS APPROPRIATION........................... $ 2,400

 

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..................... $ 2,400

 

(2) STATE AGENCY, COMMUNITY COLLEGE, AND UNIVERSITY

 

PLANNING AUTHORIZATIONS

 

Michigan State University - STEM Teaching and

 

Learning Facility - for program and planning to be

 

paid for from university resources (estimated total


authorized cost $72,500,000; state share

 

$29,870,000; university share $42,630,000)........... $ 100

 

Saginaw Valley State University - College of

 

Business and Management expansion - for program and

 

planning to be paid for from university resources

 

(estimated total authorized cost $17,500,000;

 

state share $9,800,000; university share

 

$7,700,000).......................................... 100

 

Wayne State University - STEM Innovation Learning

 

Center - for program and planning to be paid for

 

from university resources (estimated total

 

authorized cost $29,500,000; state share

 

$14,750,000; university share $14,750,000)........... 100

 

Alpena Community College - Center for Health

 

Sciences and Student Success - for program and

 

planning to be paid for from community college

 

resources (estimated total authorized cost

 

$6,700,000; state share $3,350,000; community

 

college share $3,350,000)............................ 100

 

Grand Rapids Community College - Applied Technology

 

Center renovation and expansion - for program and

 

planning to be paid for from community college

 

resources (estimated total authorized cost

 

$12,734,500; state share $6,367,200; community

 

college share $6,367,300)............................ 100

 

Mott Community College - Southern Lakes Branch

 

Center rehabilitation/renovation - for program and


planning to be paid for from community college

 

resources (estimated total authorized cost

 

$8,112,200; state share $4,056,100; community

 

college share $4,056,100)............................ 100

 

North Central Michigan College - AD/CL Classroom

 

renovation and expanded learning space - for

 

program and planning to be paid for from college

 

resources (estimated total authorized cost

 

$6,800,000; state share $3,400,000; college share

 

$3,400,000).......................................... 100

 

Schoolcraft College - Applied Science renovation and

 

expansion - for program and planning to be paid for

 

from college resources (estimated total authorized

 

cost $20,000,000; state share $10,000,000; college

 

share $10,000,000)................................... 100

 

St. Clair County Community College - Health Sciences

 

A.J. Theisen Building renovation - for program and

 

planning to be paid for from community college

 

resources (estimated total authorized cost

 

$9,800,000; state share $4,900,000; community

 

college share $4,900,000)............................ 100

 

Washtenaw Community College - Advanced

 

Transportation Center addition and remodeling - for

 

program and planning to be paid for from community

 

college resources (estimated total authorized cost

 

$4,000,000; state share $2,000,000; community

 

college share $2,000,000)............................ 100


Department of Health and Human Services, new

 

Northern Satellite Psychiatric Facility - for

 

program and planning to be paid for from state

 

resources............................................ 100

 

GROSS APPROPRIATION.................................... $ 1,100

 

Appropriated from:

 

State general fund/general purpose..................... $ 1,100

 

(3) STATE BUILDING AUTHORITY FINANCED CONSTRUCTION

 

AUTHORIZATIONS

 

Central Michigan University - Center for Integrated

 

Health Studies (total authorized cost $26,000,000;

 

state building authority share $19,499,800;

 

university share $6,500,000; state general fund

 

share $200).......................................... $ 100

 

Eastern Michigan University - Strong Hall renovation

 

(total authorized cost $39,536,000; state building

 

authority share $29,651,800; university share

 

$9,884,000; state general fund share $200)........... 100

 

Grand Valley State University - Health and Medical

 

Sciences Laboratory and Classroom Building (total

 

authorized cost $70,000,000; state building

 

authority share $28,999,800; university share

 

$41,000,000; state general fund share $200).......... 100

 

University of Michigan - Ann Arbor - School of

 

Dentistry renovation and addition (total authorized

 

cost $139,998,000; state building authority share

 

$29,999,800; university share $109,998,000; state


general fund share $200)............................. 100

 

University of Michigan - Dearborn - Engineering

 

Laboratory Building replacement (total authorized

 

cost $90,000,000; state building authority share

 

$29,999,800; university share $60,000,000; state

 

general fund share $200)............................. 100

 

University of Michigan - Flint - Murchie Science

 

Building expansion (total authorized cost

 

$39,000,000; state building authority share

 

$29,249,800; university share $9,750,000; state

 

general fund share $200)............................. 100

 

Delta College - Saginaw Center (total authorized

 

cost $12,739,000; state building authority share

 

$6,369,300; college share $6,369,500; state general

 

fund share $200)..................................... 100

 

Kirtland Community College - Michigan Forest

 

Products Institute Building (total authorized

 

cost $6,100,000; state building authority

 

share $3,049,900; community college share

 

$3,050,000; state general fund share $100)........... 100

 

Muskegon Community College - Health and Wellness

 

Center (total authorized cost $14,100,000; state

 

building authority share $5,639,800; community

 

college share $8,460,000; state general fund share

 

$200)................................................ 100

 

Northwestern Michigan College - West Hall Innovation

 

Center renovation and expansion (total authorized


cost $14,398,000; state building authority share

 

$7,198,800; college share $7,199,000; state general

 

fund share $200)..................................... 100

 

West Shore Community College - Technical Center

 

renovation and addition (total authorized cost

 

$5,378,800; state building authority share

 

$2,151,100; community college share $3,227,500;

 

state general fund share $200)....................... 100

 

Michigan State Capitol Commission - State Capitol

 

restoration/infrastructure upgrade project (total

 

authorized cost $70,009,400; state building

 

authority share $70,009,300; state general fund

 

share $100).......................................... 100

 

Department of health and human services, Caro Center

 

replacement - new state psychiatric hospital (total

 

authorized cost $115,000,000; state building

 

authority share $114,999,900; state general

 

fund share $100)..................................... 100

 

GROSS APPROPRIATION.................................... $ 1,300

 

Appropriated from:

 

State general fund/general purpose..................... $ 1,300

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2016-2017

 

GENERAL SECTIONS

 


Sec. 201. In accordance with the provisions of section 30 of

 

article IX of the state constitution of 1963, total state spending

 

from state sources in this part for the fiscal year ending

 

September 30, 2017 is $2,400.00 and total state spending from state

 

sources paid to local units of government is $1,200.00.

 

Sec. 202. The appropriations made and expenditures authorized

 

under this part and part 1 are subject to the management and budget

 

act, 1984 PA 431, MCL 18.1101 to 18.1594.

 

 

 

CAPITAL OUTLAY

 

Sec. 301. For the state building authority financed

 

construction authorizations in part 1, the legislature hereby

 

determines that the leases of the facilities from the authority are

 

for a public purpose as authorized by 1964 PA 183, MCL 830.411 to

 

830.425. The legislature approves and authorizes the leases and

 

conveyances of the property to the state building authority, the

 

state building authority acquiring the facilities and leasing them

 

to the state and the educational institutions, as applicable, and

 

the governor and secretary of state executing the leases for and on

 

behalf of the state pursuant to the requirements of 1964 PA 183,

 

MCL 830.411 to 830.425. Per the requirements of the leases, it is

 

the intent of the legislature to annually appropriate sufficient

 

amounts to pay the rent as obligated pursuant to the leases.

 

 

 

 

 

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, 2018, from the

 

following funds:

 

DEPARTMENT OF CORRECTIONS

 

APPROPRIATION SUMMARY

 

Average population............................... 42,286

 

Full-time equated unclassified positions........... 16.0

 

Full-time equated classified positions......... 13,803.9

 

GROSS APPROPRIATION.................................... $ 2,001,919,200

 

Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

transfers............................................ 0

 

ADJUSTED GROSS APPROPRIATION........................... $ 2,001,919,200

 

Federal revenues:

 

Total federal revenues................................. 5,293,800

 

Special revenue funds:

 

Total local revenues................................... 8,842,400

 

Total private revenues................................. 0

 

Total other state restricted revenues.................. 41,149,400

 

State general fund/general purpose..................... $ 1,946,633,600

 

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

Full-time equated unclassified positions......... 16.0

 

Full-time equated classified positions.......... 270.0

 

Unclassified salaries--16.0 FTE positions.............. $ 1,847,600

 

Administrative hearings officers....................... 3,231,400


Budget and operations administration--188.0 FTE

 

positions............................................ 25,322,500

 

Compensatory buyout and union leave bank............... 100

 

County jail reimbursement program...................... 15,064,600

 

Equipment and special maintenance...................... 1,559,700

 

Executive direction--20.0 FTE positions................ 4,238,300

 

Judicial data warehouse user fees...................... 50,600

 

New custody staff training............................. 9,411,200

 

Prison industries operations--62.0 FTE positions....... 9,893,600

 

Property management.................................... 2,413,100

 

Prosecutorial and detainer expenses.................... 5,001,000

 

Sheriffs' coordinating and training office............. 100,000

 

Worker's compensation.................................. 10,482,200

 

GROSS APPROPRIATION.................................... $ 88,615,900

 

Appropriated from:

 

Federal revenues:

 

DOJ, prison rape elimination act grant................. 674,700

 

Special revenue funds:

 

Correctional industries revolving fund................. 9,893,600

 

Correctional industries revolving fund 110............. 614,900

 

Jail reimbursement program fund........................ 5,900,000

 

Local corrections officer training fund................ 100,000

 

Program and special equipment fund..................... 100

 

State general fund/general purpose..................... $ 71,432,600

 

Sec. 103. PRISONER REENTRY AND COMMUNITY SUPPORT

 

Full-time equated classified positions.......... 338.4

 

Community corrections comprehensive plans and services. $ 12,158,000


Education program--266.4 FTE positions................. 38,739,100

 

Federally qualified health center pilot................ 75,000

 

Felony drunk driver jail reduction and community

 

treatment program.................................... 1,440,100

 

Goodwill Flip the Script............................... 1,500,000

 

Prisoner reentry federal grants........................ 751,000

 

Prisoner reentry local service providers............... 13,208,600

 

Prisoner reentry MDOC programs......................... 9,624,100

 

Public safety initiative............................... 4,000,000

 

Reentry services--72.0 FTE positions................... 15,264,300

 

Residential services................................... 15,475,500

 

GROSS APPROPRIATION.................................... $ 112,235,700

 

Appropriated from:

 

Federal revenues:

 

DOJ, prisoner reintegration............................ 751,000

 

Federal education funding.............................. 1,523,600

 

Special revenue funds:

 

Program and special equipment fund..................... 10,213,200

 

State general fund/general purpose..................... $ 99,747,900

 

Sec. 104. FIELD OPERATIONS ADMINISTRATION

 

Full-time equated classified positions........ 2,192.6

 

Criminal justice reinvestment.......................... $ 5,498,400

 

Detroit Detention Center--63.1 FTE positions........... 8,567,400

 

Detroit Reentry Center--223.0 FTE positions............ 28,129,400

 

Field operations--1,873.5 FTE positions................ 214,438,600

 

Parole board operations--33.0 FTE positions............ 3,850,100

 

Parole/probation services.............................. 940,000


Residential alternative to prison program.............. 1,500,000

 

Substance abuse parole certain sanction program........ 1,440,000

 

Supervising region incentive program................... 1,000,000

 

GROSS APPROPRIATION.................................... $ 265,363,900

 

Appropriated from:

 

Special revenue funds:

 

Local - community tether program reimbursement......... 275,000

 

Local funds............................................ 8,567,400

 

Parole and probation oversight fees.................... 4,428,000

 

Parole and probation oversight fees set-aside.......... 940,000

 

Reentry center offender reimbursements................. 10,000

 

Tether program, participant contributions.............. 2,480,500

 

State general fund/general purpose..................... $ 248,663,000

 

Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION

 

Full-time equated classified positions.......... 311.0

 

Central records--44.0 FTE positions.................... $ 5,178,100

 

Correctional facilities administration--21.0 FTE

 

positions............................................ 5,084,000

 

Housing inmates in federal institutions................ 611,000

 

Inmate housing fund.................................... 100

 

Inmate legal services.................................. 590,900

 

Leased beds and alternatives to leased beds............ 100

 

Prison food service.................................... 57,163,500

 

Prison store operations--34.0 FTE positions............ 3,323,600

 

Public works programs.................................. 1,000,000

 

Transportation--212.0 FTE positions.................... 25,570,300

 

GROSS APPROPRIATION.................................... $ 98,521,600


Appropriated from:

 

Federal revenues:

 

DOJ-BOP, federal prisoner reimbursement................ 411,000

 

SSA-SSI, incentive payment............................. 272,000

 

Special revenue funds:

 

Correctional industries revolving fund 110............. 570,900

 

Public works user fees................................. 1,000,000

 

Resident stores........................................ 3,323,600

 

State general fund/general purpose..................... $ 92,944,100

 

Sec. 106. HEALTH CARE

 

Full-time equated classified positions........ 1,466.1

 

Clinical complexes--1,052.1 FTE positions.............. $ 144,082,600

 

Health care administration--22.0 FTE positions......... 3,818,700

 

Healthy Michigan plan administration--12.0 FTE

 

positions............................................ 1,107,300

 

Hepatitis C treatment.................................. 6,735,500

 

Interdepartmental grant to health and human

 

services, eligibility specialists.................... 116,000

 

Mental health services and support--372.0 FTE

 

positions............................................ 60,606,400

 

Prisoner health care services.......................... 71,636,400

 

Substance abuse testing and treatment services--8.0

 

FTE positions........................................ 21,596,300

 

Vaccination program.................................... 691,200

 

GROSS APPROPRIATION.................................... $ 310,390,400

 

Appropriated from:

 

Federal revenues:


DOJ, Office of Justice programs, RSAT.................. 250,200

 

Federal revenues and reimbursements.................... 376,500

 

Special revenue funds:

 

Prisoner health care copayments........................ 257,200

 

State general fund/general purpose..................... $ 309,506,500

 

Sec. 107. CORRECTIONAL FACILITIES

 

Average population............................. 42,286

 

Full-time equated classified positions........ 9,225.8

 

Alger Correctional Facility - Munising--260.0 FTE

 

positions............................................ $ 30,945,800

 

Baraga Correctional Facility - Baraga--294.8 FTE

 

positions............................................ 35,688,200

 

Bellamy Creek Correctional Facility - Ionia--390.2

 

FTE positions........................................ 44,219,200

 

Carson City Correctional Facility - Carson

 

City--425.4 FTE positions............................ 47,451,300

 

Central Michigan Correctional Facility - St.

 

Louis--388.6 FTE positions........................... 46,460,300

 

Charles E. Egeler Correctional Facility - Jackson--382.6

 

FTE positions........................................ 45,690,000

 

Chippewa Correctional Facility - Kincheloe--445.6

 

FTE positions........................................ 51,628,100

 

Cooper Street Correctional Facility - Jackson--263.1

 

FTE positions........................................ 29,999,800

 

Earnest C. Brooks Correctional Facility - Muskegon--440.9

 

FTE positions........................................ 51,192,500

 

G. Robert Cotton Correctional Facility - Jackson--394.0


FTE positions........................................ 44,304,100

 

Gus Harrison Correctional Facility - Adrian--442.6

 

FTE positions........................................ 48,770,900

 

Ionia Correctional Facility - Ionia--286.3 FTE

 

positions............................................ 34,259,900

 

Kinross Correctional Facility - Kincheloe--257.6 FTE

 

positions............................................ 32,747,300

 

Lakeland Correctional Facility - Coldwater--278.4

 

FTE positions........................................ 33,505,000

 

Macomb Correctional Facility - New Haven--294.8 FTE

 

positions............................................ 35,016,900

 

Marquette Branch Prison - Marquette--321.7 FTE

 

positions............................................ 37,588,100

 

Michigan Reformatory - Ionia--310.7 FTE positions...... 34,519,200

 

Muskegon Correctional Facility - Muskegon--205.0 FTE

 

positions............................................ 25,637,900

 

Newberry Correctional Facility - Newberry--200.1 FTE

 

positions............................................ 24,618,700

 

Oaks Correctional Facility - Eastlake--290.4 FTE

 

positions............................................ 34,425,900

 

Ojibway Correctional Facility - Marenisco--203.1 FTE

 

positions............................................ 23,689,900

 

Parnall Correctional Facility - Jackson--262.1 FTE

 

positions............................................ 28,947,300

 

Richard A. Handlon Correctional Facility - Ionia--252.7

 

FTE positions........................................ 30,442,600

 

Saginaw Correctional Facility - Freeland--274.9 FTE


positions............................................ 33,291,500

 

Special Alternative Incarceration Program - Cassidy

 

Lake--119.0 FTE positions............................ 13,869,400

 

St. Louis Correctional Facility - St. Louis--303.6

 

FTE positions........................................ 37,497,500

 

Thumb Correctional Facility - Lapeer--283.6 FTE

 

positions............................................ 33,353,100

 

Womens Huron Valley Correctional Complex -

 

Ypsilanti--506.1 FTE positions....................... 60,163,400

 

Woodland Correctional Facility - Whitmore

 

Lake--278.9 FTE positions............................ 32,824,200

 

Northern region administration and support--48.0 FTE

 

positions............................................ 4,789,600

 

Southern region administration and support--121.0

 

FTE positions........................................ 23,503,100

 

Future facility and staff transition costs............. 1,000,000

 

GROSS APPROPRIATION.................................... $ 1,092,040,700

 

Appropriated from:

 

Federal revenues:

 

DOJ, state criminal assistance program................. 1,034,800

 

Special revenue funds:

 

State restricted fees, revenues and reimbursements..... 102,100

 

State general fund/general purpose..................... $ 1,090,903,800

 

Sec. 108. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $ 30,392,000

 

GROSS APPROPRIATION.................................... $ 30,392,000

 

Appropriated from:


Special revenue funds:

 

Correctional industries revolving fund 110............. 177,500

 

Parole and probation oversight fees set-aside.......... 696,600

 

Program and special equipment fund..................... 441,200

 

State general fund/general purpose..................... $ 29,076,700

 

Sec. 109. ONE-TIME APPROPRIATIONS

 

New custody staff training--one time................... $ 4,359,000

 

GROSS APPROPRIATION.................................... $ 4,359,000

 

Appropriated from:

 

Special revenue funds:

 

State general fund/general purpose..................... $ 4,359,000

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2017-2018

 

GENERAL SECTIONS

 

Sec. 201. Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state sources under

 

part 1 for fiscal year 2017-2018 is $1,987,783,000.00 and state

 

spending from state sources to be paid to local units of government

 

for fiscal year 2017-2018 is $113,888,800.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF CORRECTIONS

 

Field operations....................................... $ 62,750,500

 

Community corrections comprehensive plans

 


and services......................................... 12,158,000

 

Reentry services....................................... 1,500,000

 

Residential services................................... 15,475,500

 

County jail reimbursement program...................... 15,064,600

 

Felony drunk driver jail reduction and

 

community treatment program.......................... 1,440,100

 

Residential alternative to prison program.............. 1,500,000

 

Leased beds and alternatives to leased beds............ 100

 

Public safety initiative............................... 4,000,000

 

TOTAL.................................................. $ 113,888,800

 

Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

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

 

(a) "Administrative segregation" means confinement for

 

maintenance of order or discipline to a cell or room apart from

 

accommodations provided for inmates who are participating in

 

programs of the facility.

 

(b) "Cost per prisoner" means the sum total of the funds

 

appropriated under part 1 for the following, divided by the

 

projected prisoner population in fiscal year 2017-2018:

 

(i) Correctional facilities.

 

(ii) Northern and southern region administration and support.

 

(iii) Clinical and mental health services and support.

 

(iv) Prisoner health care services.

 

(v) Vaccination program.

 

(vi) Prison food service.


(vii) Transportation.

 

(viii) Inmate legal services.

 

(ix) Correctional facilities administration.

 

(x) Central records.

 

(xi) Worker's compensation.

 

(xii) New custody staff training.

 

(xiii) Prison store operations.

 

(xiv) Education program.

 

(c) "Department" or "MDOC" means the Michigan department of

 

corrections.

 

(d) "DOJ" means the United States Department of Justice.

 

(e) "DOJ-BOP" means the DOJ Bureau of Prisons.

 

(f) "EPIC program" means the department's effective process

 

improvement and communications program.

 

(g) "Evidence-based" means a decision-making process that

 

integrates the best available research, clinician expertise, and

 

client characteristics.

 

(h) "Federally qualified health center" means that term as

 

defined in section 1396d(l)(2)(B) of the social security act, 42

 

USC 1396d.

 

(i) "FTE" means full-time equated.

 

(j) "Goal" means the intended or projected result of a

 

comprehensive corrections plan or community corrections program to

 

reduce repeat offending, criminogenic and high-risk behaviors,

 

prison commitment rates, the length of stay in a jail, or to

 

improve the utilization of a jail.

 

(k) "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.

 

(l) "MDHHS" means the Michigan department of health and human

 

services.

 

(m) "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.

 

(n) "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.

 

(o) "OCC" means the office of community corrections.

 

(p) "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.

 

(q) "Offender success" means that an offender has, with the

 

support of the community, intervention of the field agent, and

 

benefit of any participation in programs and treatment, made an

 

adjustment while at liberty in the community such that he or she

 

has not been sentenced to or returned to prison for the conviction

 

of a new crime or the revocation of probation or parole.

 

(r) "Offender target populations" 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.

 

(s) "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.

 

(t) "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.

 

(u) "Recidivism" means that term as defined in 2017 PA 5.

 

(v) "RSAT" means residential substance abuse treatment.

 

(w) "Serious emotional disturbance" means that term as defined

 

in section 100d(2) of the mental health code, 1974 PA 328, MCL


330.1100d.

 

(x) "Serious mental illness" means that term as defined in

 

section 100d(3) of the mental health code, 1974 PA 328, MCL

 

330.1100d.

 

(y) "SSA" means the United States Social Security

 

Administration.

 

(z) "SSA-SSI" means SSA supplemental security income.

 

Sec. 204. The department shall use the internet to fulfill the

 

reporting requirements of this part. This requirement 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. 205. 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. 206. The department shall not take disciplinary action

 

against an employee or a prisoner for communicating with a member

 

of the legislature or his or her staff.

 

Sec. 207. The department shall prepare a report on out-of-

 

state travel expenses not later than January 1 of each year. The


travel report shall be a listing of all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be

 

submitted to the senate and house appropriations committees, the

 

senate and house fiscal agencies, and the state budget office. 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. 208. 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. 209. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the prior fiscal year. This report shall summarize the

 

projected year-end general fund/general purpose appropriation

 

lapses by major departmental program or program areas. The report

 

shall be transmitted to the chairpersons of the senate and house

 

appropriations committees and the senate and house fiscal agencies.

 

Sec. 210. (1) In addition to the funds appropriated in part 1,


there is appropriated an amount not to exceed $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 $2,000,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

(4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $2,000,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

Sec. 211. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following for 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. 212. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the chairpersons of the senate and

 

house appropriations committees, the chairpersons of the senate and

 

house appropriations subcommittees on corrections, and the senate

 

and house fiscal agencies with an annual report on estimated state

 

restricted fund balances, state restricted fund projected revenues,

 

and state restricted fund expenditures for the prior 2 fiscal

 

years.

 

Sec. 213. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the department's performance.

 

Sec. 214. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2018 are estimated at $283,300,700.00. From this amount, total

 

department appropriations for pension-related legacy costs are

 

estimated at $145,788,300.00. Total department appropriations for

 

retiree health care legacy costs are estimated at $137,512,400.00.


Sec. 216. On a quarterly basis, the department shall report on

 

the number of full-time equated positions in pay status by civil

 

service classification to the senate and house appropriations

 

subcommittees on corrections, the legislative corrections

 

ombudsman, the senate and house fiscal agencies, and the state

 

budget office. This report shall include a detailed accounting of

 

the long-term vacancies that exist within the department. As used

 

in this section, "long-term vacancy" means any full-time equated

 

position that has not been filled at any time during the past 24

 

calendar months.

 

Sec. 217. The department shall receive and retain copies of

 

all reports funded from appropriations in part 1. Federal and state

 

guidelines for short-term and long-term retention of records shall

 

be followed. The department may electronically retain copies of

 

reports unless otherwise required by federal and state guidelines.

 

Sec. 219. (1) Any contract for prisoner telephone services

 

entered into after the effective date of this section shall include

 

a condition that fee schedules for prisoner telephone calls,

 

including rates and any surcharges other than those necessary to

 

meet program and special equipment costs, be the same as fee

 

schedules for calls placed from outside of correctional facilities.

 

(2) Revenues appropriated and collected for program and

 

special equipment funds shall be considered state restricted

 

revenue. Funding shall be used for prisoner programming, 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 senate and

 

house appropriations subcommittees on corrections, the senate and

 

house fiscal agencies, the legislative corrections ombudsman, and

 

the state budget office by February 1 outlining revenues and

 

expenditures from program and special equipment funds. The report

 

shall include all of the following:

 

(a) A list of all individual projects and purchases financed

 

with program and special equipment funds in the immediately

 

preceding fiscal year, the amounts expended on each project or

 

purchase, and the name of each vendor the products or services were

 

purchased from.

 

(b) A list of planned projects and purchases to be financed

 

with program and special equipment funds during the current fiscal

 

year, the amounts to be expended on each project or purchase, and

 

the name of each vendor for which the products or services were

 

purchased.

 

(c) A review of projects and purchases planned for future

 

fiscal years from program and special equipment funds.

 

Sec. 220. The department may charge fees and collect revenues

 

in excess of appropriations in part 1 not to exceed the cost of

 

offender services and programming, employee meals, parolee loans,

 

academic/vocational services, custody escorts, compassionate

 

visits, union steward activities, and public works programs and

 

services provided to local units of government or private nonprofit

 

organizations. The revenues and fees collected are appropriated for

 

all expenses associated with these services and activities.


Sec. 239. It is the intent of the legislature that the

 

department establish and maintain a management-to-staff ratio of

 

not more than 1 supervisor for each 8 employees at the department's

 

central office in Lansing and at both the northern and southern

 

region administration offices.

 

Sec. 247. In cooperation with the state court administrative

 

office, the department shall assist with the data compilation for

 

the swift and sure sanctions program.

 

Sec. 248. At the May 2018 consensus revenue estimating

 

conference, the senate and house fiscal agencies and the state

 

budget director, or state treasurer, shall establish a projected

 

prisoner population for fiscal year 2018-2019, and a projected

 

number of available beds based on the population projection.

 

 

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

Sec. 301. For 3 years after a felony offender is released from

 

the department's jurisdiction, the department shall maintain the

 

offender's file on the offender tracking information system and

 

make it publicly accessible in the same manner as the file of the

 

current offender. However, the department shall immediately remove

 

the offender's file from the offender tracking information system

 

upon determination that the offender was wrongfully convicted and

 

the offender's file is not otherwise required to be maintained on

 

the offender tracking information system.

 

Sec. 304. The department shall maintain a staff savings

 

initiative program in conjunction with the EPIC program for

 

employees to submit suggestions for efficiencies for the

 


department. The department shall consider each suggestion in a

 

timely manner. By March 1, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office on process improvements that

 

were implemented based on suggestions that were recommended for

 

implementation from the staff savings initiative and EPIC programs.

 

Sec. 305. From the funds appropriated in part 1 for

 

prosecutorial and detainer expenses, the department shall reimburse

 

counties for housing and custody of parole violators and offenders

 

being returned by the department from community placement who are

 

available for return to institutional status and for prisoners who

 

volunteer for placement in a county jail.

 

Sec. 306. 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. 307. The department shall issue a biannual report for all

 

vendor contracts to the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget office.

 

The report shall cover service contracts with a value of


$500,000.00 or more and include all of the following:

 

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

 

each contract.

 

(b) The number, if any, of contract compliance monitoring site

 

visits completed by the department for each vendor.

 

(c) The number and amount of fines, if any, for service-level

 

agreement noncompliance for each vendor broken down by area of

 

noncompliance.

 

Sec. 308. The department shall provide for the training of all

 

custody staff in effective and safe ways of handling prisoners with

 

mental illness and referring prisoners to mental health treatment

 

programs. Mental health awareness training shall be incorporated

 

into the training of new custody staff.

 

Sec. 309. The department shall issue a report for all

 

correctional facilities to the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget office

 

by January 1 setting forth the following information for each

 

facility: its name, street address, and date of construction; its

 

current maintenance costs; any maintenance planned; its current

 

utility costs; its expected future capital improvement costs; the

 

current unspent balance of any authorized capital outlay projects,

 

including the original authorized amount; and its expected future

 

useful life.

 

Sec. 310. (1) By February 1, the department shall provide a

 

report to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative


corrections ombudsman, and the state budget office which details

 

the strategic plan of the department. The report shall contain

 

strategies to decrease the overall recidivism rate, measurable

 

plans to increase the rehabilitative function of correctional

 

facilities, metrics to track and ensure prisoner readiness to

 

reenter society, and constructive actions for providing prisoners

 

with life skills development.

 

(2) The intent of this report is to express that the mission

 

of the department is to provide an action plan before reentry to

 

society that ensures prisoners' readiness for meeting parole

 

requirements and ensures a reduction in the total number of

 

released inmates who reenter the criminal justice system.

 

Sec. 311. By December 1, the department shall provide a report

 

on the Michigan state industries program to the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, the legislative corrections ombudsman, and the

 

state budget office. The report shall include, but not be limited

 

to, the locations of the programs, the total number of participants

 

at each location, description of job duties and typical inmate

 

schedules, what products are produced, and how the program provides

 

marketable skills that lead to employable outcomes after release

 

from a department facility.

 

 

 

PRISONER REENTRY 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 recommendation to the senate and house

 


appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget office. The report shall include explanations of

 

the methodology and assumptions used in developing the projection

 

updates.

 

Sec. 402. By March 1, the department shall provide a report on

 

prisoner reentry expenditures and allocations to the members of the

 

senate and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office. At a minimum, the report

 

shall include information on both of the following:

 

(a) Details on prior-year expenditures, including amounts

 

spent on each project funded, itemized by service provided and

 

service provider.

 

(b) Allocations and planned expenditures for each project

 

funded and for each project to be funded, itemized by service to be

 

provided and service provider. The department shall provide an

 

amended report quarterly, if any revisions to allocations or

 

planned expenditures occurred during that quarter.

 

Sec. 403. The department shall partner with nonprofit faith-

 

based, business and professional, civic, and community

 

organizations for the purpose of providing inmate reentry services.

 

Reentry services include, but are not limited to, counseling,

 

providing information on housing and job placement, and money

 

management assistance.

 

Sec. 404. From the funds appropriated in part 1 for reentry

 

services, the department, when reasonably possible, shall ensure


that inmates have potential employer matches in the communities to

 

which they will return prior to each inmate's initial parole

 

hearing.

 

Sec. 405. By March 1, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office on substance abuse testing

 

and treatment program objectives, outcome measures, and results,

 

including program impact on offender success and programmatic

 

success.

 

Sec. 406. The department will work with the organization

 

representing federally qualified health centers (FQHCs) to

 

implement a pilot project to ensure that behavioral and physical

 

health needs among parolees and probationers are addressed. The

 

pilot project will position FQHCs to ensure that parolees and

 

probationers are enrolled in and maintain access to benefits for

 

which they qualify, are linked to the health care services they

 

need, follow up with providers, stay on their medications, are

 

engaged in services, and have barriers to care addressed. The

 

department will make necessary accommodations to perform the

 

transition planning to allow for a direct referral to the FQHC

 

organization to patients in relevant areas. The pilot shall begin

 

October 1, 2017. The FQHC organization may submit annual reports

 

detailing these outcomes to the senate and house appropriations

 

subcommittees on corrections, the legislative corrections

 

ombudsman, the senate and house fiscal agencies, and the state

 

budget office.


Sec. 407. 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.

 

Sec. 408. The department shall measure the recidivism rates of

 

offenders.

 

Sec. 409. (1) The department shall engage with the talent

 

investment agency within the department of talent and economic

 

development and local entities to design services and shall use

 

appropriations provided in part 1 for reentry and vocational

 

education programs. The department shall ensure that the

 

collaboration provides relevant professional development

 

opportunities to prisoners to ensure that the programs are high

 

quality, demand driven, locally receptive, and responsive to the

 

needs of communities where the prisoners are expected to reside

 

after their release from correctional facilities. The programs

 

shall begin upon the intake of the prisoner into a department

 

facility.

 

(2) The department shall continue to offer workforce

 

development programming through the entire duration of the

 

prisoner's incarceration to encourage employment upon release.

 

(3) By March 1, the department shall provide a report to the

 

senate and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office detailing the results of the

 

workforce development program.


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.

 

(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 of this part. 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 MDHHS 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 legislative corrections ombudsman, the senate and

 

house fiscal agencies, and the state budget office 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 $65.00

 

per diem per diverted offender for offenders with a presumptive

 

prison guideline score, $55.00 per diem per diverted offender for

 

offenders with a straddle cell guideline for a group 1 crime, and

 

$40.00 per diem per diverted offender for offenders with a straddle

 

cell guideline for a group 2 crime. Reimbursements shall be paid

 

for sentences up to a 1-year total.

 

(4) As used in this 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) Any county that receives funding under this section for

 

the purpose of housing in jails certain felons who otherwise would

 

have been sentenced to prison shall, as a condition of receiving

 

the funding, report by September 30 an annual average jail capacity


and annual average jail occupancy for the immediately preceding

 

fiscal year.

 

Sec. 416. Allowable uses of felony drunk driver jail reduction

 

and community treatment program funding shall include reimbursing

 

counties for transportation, treatment costs, and housing felony

 

drunk drivers during a period of assessment for treatment and case

 

planning. Reimbursements for housing during the assessment process

 

shall be at the rate of $43.50 per day per offender, up to a

 

maximum of 5 days per offender.

 

Sec. 417. (1) By March 1, the department shall report to the

 

members of the senate and house appropriations subcommittees on

 

corrections, the legislative corrections ombudsman, the senate and

 

house fiscal agencies, and the state budget office 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 MDHHS to create and

 

maintain a process by which prisoners can obtain their Michigan

 

birth certificates if necessary. The department shall describe a

 

process for obtaining birth certificates from other states, and in

 

situations where the prisoner's effort fails, the department shall

 

assist in obtaining the birth certificate.

 

(3) The department shall collaborate with the department of

 

military and veterans affairs to create and maintain a process by

 

which prisoners can obtain a copy of their DD Form 214 or other

 

military discharge documentation if necessary.

 

Sec. 419. (1) The department shall provide weekly electronic

 

mail reports to the senate and house appropriations subcommittees

 

on corrections, the legislative corrections ombudsman, the senate

 

and house fiscal agencies, and the state budget office on prisoner

 

populations by security levels by facility, prison facility

 

capacities, and parolee and probationer populations.


(2) The department shall provide monthly electronic mail

 

reports to the senate and house appropriations subcommittees on

 

corrections, the legislative corrections ombudsman, the senate and

 

house fiscal agencies, and the state budget office. 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) Prisoners classified as past their earliest release date.

 

(f) Parole board activity, including the numbers and

 

percentages of parole grants and parole denials.

 

(g) Prisoner exits, identifying transfers to community

 

placement, paroles from prisons and camps, paroles from community

 

placement, total movements to parole, prison intake, prisoner

 

deaths, prisoners discharging on the maximum sentence, and other

 

prisoner exits.

 

(h) Prison intake and returns, including probation violators,

 

new court commitments, violators with new sentences, escaper new


sentences, total prison intake, returns from court with additional

 

sentences, community placement returns, technical parole violator

 

returns, and total returns to prison and camp.

 

Sec. 421. (1) Funds appropriated in part 1 for the substance

 

abuse parole certain sanction program shall be distributed to an

 

American Correctional Association accredited rehabilitation

 

organization operating in any of the following counties: Berrien,

 

Calhoun, Genesee, Kalamazoo, Kent, Macomb, Muskegon, Oakland,

 

Saginaw, and Wayne for operations and administration of the

 

program. The program may be utilized as a condition of parole for

 

technical parole violators to ensure public safety and justice

 

through a program based on evidence-based tactics and programs.

 

(2) The program or programs selected shall report by March 30

 

to the department, the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget office.

 

The report shall include program performance measurements, the

 

number of individuals who participate in the program, the number of

 

individuals who return to prison after participating, and outcomes

 

of participants who complete the program.

 

Sec. 422. On a quarterly basis, the department shall issue a

 

report to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office, for the

 

previous 4 quarters detailing the outcomes of prisoners who have

 

been reviewed for parole. The report shall include all of the

 

following:


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

 

(b) How many prisoners were granted parole.

 

(c) How many prisoners were denied parole.

 

(d) How many parole decisions were deferred.

 

(e) The distribution of the total number of prisoners reviewed

 

during that quarter grouped by whether the prisoner had been

 

interviewed for the first, second, third, fourth, fifth, sixth, or

 

more than sixth time.

 

(f) The number of paroles granted, denied, or deferred for

 

each of the parole guideline scores of low, average, and high.

 

(g) The reason for denying or deferring parole.

 

Sec. 425. (1) From the funds appropriated in part 1, the

 

department shall establish medication-assisted treatment reentry

 

pilot programs to provide prerelease treatment and postrelease

 

referral for opioid-addicted and alcohol-addicted offenders who

 

voluntarily participate in the medication-assisted treatment

 

reentry pilot programs. The department shall collaborate with

 

residential and nonresidential substance abuse treatment providers

 

and with community-based clinics to provide postrelease treatment.

 

The programs shall employ a multifaceted approach to treatment,

 

including a long-acting nonaddictive medication approved by the

 

Food and Drug Administration for the treatment of opioid and

 

alcohol dependence, counseling, and postrelease referral to

 

community-based providers.

 

(2) The manufacturer of a long-acting nonaddictive medication

 

approved by the Food and Drug Administration for opioid and alcohol

 

dependence shall provide the department with samples of the


medication, at no cost to the department, during the duration of

 

the medication-assisted treatment reentry pilot programs. Offenders

 

shall receive 1 injection prior to being released from custody and

 

shall be connected with an aftercare plan and assistance with

 

obtaining insurance to cover subsequent injections.

 

(3) Participants of the programs shall be required to attend

 

substance abuse treatment programming as directed by their agent,

 

including coordination of both direct or indirect services through

 

federally qualified health centers in Wayne, Washtenaw, Genesee,

 

Berrien, Van Buren, and Allegan Counties, but not limited to only

 

those counties, shall be subject to routine drug and alcohol

 

testing, shall not be allowed to consume drugs or alcohol, and

 

shall possess a strong will to overcome addiction.

 

(4) The department shall submit a report by September 30 to

 

the senate and house appropriations subcommittees on corrections,

 

the senate and house fiscal agencies, the legislative corrections

 

ombudsman, and the state budget office on the number of offenders

 

who received injections upon release, the number of offenders who

 

received injections and tested positive for drugs or alcohol, the

 

number of offenders who received injections in the community for a

 

duration of at least 3 months, and the number of offenders who

 

received injections and were subsequently returned to prison.

 

Sec. 426. From the funds appropriated in part 1, the

 

department shall ensure that any inmate with a diagnosed mental

 

illness is referred to a local mental health care provider that is

 

able and willing to treat the inmate upon parole or discharge. The

 

department shall ensure that the provider is informed of the


inmate's current treatment plan including any medications that are

 

currently prescribed to the inmate.

 

Sec. 437. (1) Funds appropriated in part 1 for Goodwill Flip

 

the Script shall be distributed to a Michigan-chartered 501(c)(3)

 

nonprofit corporation operating in a county with greater than

 

1,500,000 people for administration and expansion of a program

 

which serves a population of persons aged 16 to 39. The program

 

shall target those who are entering the criminal justice system for

 

the first or second time and shall assist those individuals through

 

the following program types:

 

(a) Alternative sentencing programs in partnership with a

 

local district or circuit court.

 

(b) Educational recovery for special adult populations with

 

high rates of illiteracy.

 

(c) Career development and continuing education for women.

 

(2) The program selected shall report by March 30 to the

 

department, the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office. The report

 

shall include program performance measurements, the number of

 

individuals diverted from incarceration, the number of individuals

 

served, and outcomes of participants who complete the program.

 

 

 

FIELD OPERATIONS ADMINISTRATION

 

Sec. 601. (1) From the funds appropriated in part 1, the

 

department shall conduct a statewide caseload audit of field

 

agents. The audit shall address public protection issues and assess

 


the ability of the field agents to complete their professional

 

duties. The complete audit shall be submitted to the senate and

 

house appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget office by March 1.

 

(2) It is the intent of the legislature that the department

 

maintain a number of field agents sufficient to meet supervision

 

and workload standards.

 

Sec. 602. The funds appropriated in part 1 for the supervising

 

region incentive program shall be used only to fund an incentive

 

program for field operations administration regions in accordance

 

with the supervising region incentive act, 2017 PA 11, MCL 791.131

 

to 791.137.

 

Sec. 603. (1) All prisoners, probationers, and parolees

 

involved with the curfew monitoring 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 program

 

reimbursement for the curfew monitoring 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 curfew monitoring program to be

 

administered by the department. The curfew monitoring program is

 

intended to provide sentencing judges and county sheriffs in


coordination with local community corrections advisory boards

 

access to the state's curfew monitoring program to reduce prison

 

admissions and improve local jail utilization. The department shall

 

determine the appropriate distribution of the curfew monitor 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 curfew monitor equipment,

 

replacement parts, administrative oversight of the equipment's

 

operation, notification of violators, and periodic reports

 

regarding county program participants. Counties are responsible for

 

curfew monitor 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 curfew monitor charges outstanding over 60

 

days shall be considered in violation of the community curfew

 

monitor program agreement and lose access to the program.

 

Sec. 604. (1) The funds appropriated in part 1 for criminal

 

justice reinvestment shall be used only to fund data collection and

 

evidence-based programs designed to reduce recidivism among

 

probationers and parolees.

 

(2) Of the funds appropriated in part 1 for criminal justice

 

reinvestment, at least $600,000.00 shall be allocated to an

 

organization that provides county jail inmates with programming and


services to prepare them to get and keep jobs. Examples of eligible

 

programs and services are, but are not limited to: adult education,

 

tutoring, manufacturing skills training, participation in a

 

simulated work environment, mentoring, cognitive therapy groups,

 

life skills classes, substance abuse recovery groups, fatherhood

 

programs, classes in understanding the legal system, family

 

literacy, health and wellness, finance management, employer

 

presentations, and classes on job retention. Programming and

 

support services should begin before release and continue after

 

release from the county jail. To be eligible for funding, an

 

organization must show at least 2 years' worth of data that

 

demonstrate program success.

 

Sec. 611. The department shall prepare by March 1 individual

 

reports for the community reentry program, the electronic

 

monitoring program, and the special alternative to incarceration

 

program. The reports shall be submitted to the senate and house

 

appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget office. Each program's report shall include

 

information on all of the following:

 

(a) Monthly new participants by type of offender. Community

 

reentry program participants shall be categorized by reason for

 

placement. For technical rule violators, the report shall sort

 

offenders by length of time since release from prison, by the most

 

recent violation, and by the number of violations occurring since

 

release from prison.

 

(b) Monthly participant unsuccessful terminations, including


cause.

 

(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) By April 1, the department shall provide a report to the

 

senate and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office on the number of all parolees


returned to prison and probationers sentenced to prison for either

 

a technical violation or new sentence during the preceding fiscal

 

year. The report shall include the following information for

 

probationers, for parolees after their first parole, and for

 

parolees who have been paroled more than once:

 

(a) The numbers of parole and probation violators returned to

 

or sent to prison for a new crime with a comparison of original

 

versus new offenses by major offense type: assaultive,

 

nonassaultive, drug, and sex.

 

(b) The numbers of parole and probation violators returned to

 

or sent to prison for a technical violation and the type of

 

violation, including, but not limited to, zero gun tolerance and

 

substance abuse violations. For parole technical rule violators,

 

the report shall list violations by type, by length of time since

 

release from prison, by the most recent violation, and by the

 

number of violations occurring since release from prison.

 

(c) The educational history of those offenders, including how

 

many had a high school equivalency or high school diploma prior to

 

incarceration in prison, how many received a high school

 

equivalency while in prison, and how many received a vocational

 

certificate while in prison.

 

(d) The number of offenders who participated in the reentry

 

program versus the number of those who did not.

 

(e) The unduplicated number of offenders who participated in

 

substance abuse treatment programs, mental health treatment

 

programs, or both, while in prison, itemized by diagnosis.

 

Sec. 615. (1) The department shall submit a report detailing


the number of prisoners who have received life imprisonment

 

sentences with the possibility of parole and who are currently

 

eligible for parole to the senate and house appropriations

 

subcommittees on corrections, the senate and house fiscal agencies,

 

the legislative corrections ombudsman, and the state budget office

 

by April 30.

 

(2) The report shall include the following information on

 

parolable lifers who have served more than 25 years: prisoner name,

 

MDOC identification number, prefix, offense for which life term is

 

being served, county of conviction, age at time offense was

 

committed, current age, race, gender, true security classification,

 

dates of parole board file reviews, dates of parole board

 

interviews, parole guideline scores, and reason for decision not to

 

release.

 

Sec. 617. From the funds appropriated in part 1 for the

 

residential alternative to prison program, the department shall

 

provide vocational, educational, and cognitive programming in a

 

secure environment to enhance existing alternative sentencing

 

options, increase employment readiness and successful placement

 

rates, and reduce new criminal behavior for the west Michigan

 

probation violator population. The department shall measure and set

 

the following metric goals:

 

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

 

(b) Of the participants that complete the program, 75% will

 

earn a nationally recognized credential for career and vocational

 

programs.

 

(c) Of the participants that complete the program, 100% will


earn a certificate of completion for cognitive programming.

 

(d) The prison commitment rate for probation violators will be

 

reduced by 5% within the impacted geographical area after the first

 

year of program operation.

 

 

 

HEALTH CARE

 

Sec. 802. As a condition of expenditure of the funds

 

appropriated in part 1, the department shall provide the senate and

 

house of representatives appropriations subcommittees on

 

corrections, the legislative corrections ombudsman, the senate and

 

house fiscal agencies, and the state budget office with 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.

 

Sec. 803. (1) The department shall assure that all prisoners,

 

upon any health care treatment, are given the opportunity to sign a

 

release of information form designating a family member or other

 

individual to whom the department shall release records information

 

regarding a prisoner. A release of information form signed by a

 

prisoner shall remain in effect for 1 year, and the prisoner may

 

elect to withdraw or amend the release form at any time.

 

(2) The department shall assure that any such signed release

 

forms follow a prisoner upon transfer to another department

 

facility or to the supervision of a parole officer.

 


(3) The form shall be placed online, on a public website

 

managed by the department.

 

Sec. 804. The department shall report quarterly to the senate

 

and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office on prisoner health care

 

utilization. The report shall include the number of inpatient

 

hospital days, outpatient visits, emergency room visits, and

 

prisoners receiving off-site inpatient medical care in the previous

 

quarter, by facility.

 

Sec. 807. The funds appropriated in part 1 for Hepatitis C

 

treatment shall be used only to purchase specialty medication for

 

Hepatitis C treatment in the prison population. In addition to the

 

above appropriation, any rebates received from the medications used

 

shall be used only to purchase specialty medication for Hepatitis C

 

treatment. On a quarterly basis, the department shall issue a

 

report to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, the legislative

 

corrections ombudsman, and the state budget office, showing for the

 

previous 4 quarters the total amount spent on specialty medication

 

for the treatment of Hepatitis C, the number of prisoners that were

 

treated, the amount of any rebates that were received from the

 

purchase of specialty medication, and what outstanding rebates are

 

expected to be received.

 

Sec. 812. (1) The department shall provide the department of

 

health and human services with a monthly list of prisoners newly

 

committed to the department of corrections. The department and the


department of health and human services shall enter into an

 

interagency agreement under which the department of health and

 

human services provides the department of corrections with monthly

 

lists of newly committed prisoners who are eligible for Medicaid

 

benefits in order to maintain the process by which Medicaid

 

benefits are suspended rather than terminated. The department shall

 

assist prisoners who may be eligible for Medicaid benefits after

 

release from prison with the Medicaid enrollment process prior to

 

release from prison.

 

(2) The department shall provide the senate and house

 

appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget office with quarterly updates on the utilization

 

of Medicaid benefits for prisoners.

 

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

 

office, 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.

 

 

 

CORRECTIONAL FACILITIES ADMINISTRATION

 

Sec. 902. From the funds appropriated in part 1 for future

 


facility and staff transition costs, $1,000,000.00 shall be used

 

for staff transition costs.

 

Sec. 904. The department shall calculate the per prisoner/per

 

day cost for each prisoner security custody level. This calculation

 

shall include all actual direct and indirect costs for the previous

 

fiscal year, including, but not limited to, the value of services

 

provided to the department by other state agencies and the

 

allocation of statewide legacy costs. To calculate the per

 

prisoner/per day costs, the department shall divide these direct

 

and indirect costs by the average daily population for each custody

 

level. For multilevel facilities, the indirect costs that cannot be

 

accurately allocated to each custody level can be included in the

 

calculation on a per-prisoner basis for each facility. A report

 

summarizing these calculations and the direct and indirect costs

 

included in them shall be submitted to the senate and house

 

appropriations subcommittees on corrections, the legislative

 

corrections ombudsman, the senate and house fiscal agencies, and

 

the state budget office not later than December 15.

 

Sec. 905. (1) From the funds appropriated in part 1 for leased

 

beds and alternatives to leased beds, the department may implement

 

a county jail bed program to house eligible prisoners sentenced to

 

the custody of the department in county jails rather than in state

 

correctional facilities.

 

(2) A county may volunteer to participate in the county jail

 

bed program and house eligible prisoners sentenced to the custody

 

of the department in its county jails.

 

(3) If a county participating in the county jail bed program


has available bed space in its county jail and the department has

 

prisoners in its custody meeting the eligibility requirements under

 

this section, the department may place the eligible prisoners in

 

the county jail.

 

(4) A prisoner shall meet all of the following eligibility

 

requirements to be placed in a county jail under this section:

 

(a) The prisoner has been given a level I classification by a

 

department classification committee on a scale of 6 levels in which

 

level I is the least restrictive level.

 

(b) The prisoner is not serving a sentence for conviction of a

 

violation or attempted violation of section 520b, 520c, 520d, 520e,

 

or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520b,

 

750.520c, 750.520d, 750.520e, and 750.520g.

 

(c) The prisoner is serving a fixed sentence with a determined

 

discharge date.

 

Sec. 906. Any local unit of government or private nonprofit

 

organization that contracts with the department for public works

 

services shall be responsible for financing the entire cost of such

 

an agreement.

 

Sec. 907. The department shall report by March 1 to the senate

 

and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office 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 do not complete each program and are not subsequently

 

reenrolled, and the reason for not completing the program, the

 

number of prisoners transferred to another facility while enrolled

 

in a program and the reason for transfer, the number of prisoners

 

enrolled who are repeating the program, and the number of prisoners

 

on waiting lists for each program, all itemized by facility.

 

(c) The steps the department has undertaken to improve

 

programs, track records, accommodate transfers and prisoners with

 

health care needs, and reduce waiting lists.

 

(d) The number of prisoners paroled without a high school

 

diploma and the number of prisoners paroled without a high school

 

equivalency.

 

(e) An explanation of the value and purpose of each program,

 

for example, to improve employability, reduce recidivism, reduce

 

prisoner idleness, or some combination of these and other factors.

 

(f) An identification of program outcomes for each academic

 

and vocational program.

 

(g) The number of prisoners not paroled at their earliest

 

release date due to lack of a high school equivalency, and the

 

reason those prisoners have not obtained a high school equivalency.

 

Sec. 908. From the funds appropriated in part 1, the

 

department shall establish a pilot online career high school

 

education program to serve up to 400 inmates through a regionally

 

accredited public or private school district that offers career-


based online high school diplomas designed to prepare adult inmates

 

for transition into the workplace. The district chosen for the

 

pilot shall be paid a specified amount per inmate per course

 

successfully completed by the inmate. The department may use

 

federal funds provided to educate inmates to expand this pilot

 

beyond 400 inmates. The department shall provide an initial report

 

no later than June 1 regarding the progress of the inmates in the

 

online high school diploma and career certificate programs to the

 

senate and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office.

 

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 office the number of critical

 

incidents occurring each month by type and the number and severity

 

of assaults, escape attempts, suicides, and attempted suicides

 

occurring each month at each facility during the immediately

 

preceding calendar year.

 

Sec. 912. The department shall report monthly to the senate


and house appropriations subcommittees on corrections, the

 

legislative corrections ombudsman, the senate and house fiscal

 

agencies, and the state budget office 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) From the funds appropriated in part 1, the

 

department shall focus on providing required programming to

 

prisoners who are past their earliest release date because of not

 

having received the required programming. Programming includes, but

 

is not limited to, violence prevention programming, assaultive

 

offender programming, sexual offender programming, substance abuse

 

treatment programming, thinking for a change programming, and any

 

other programming that is required as a condition of parole.

 

(2) It is the intent of the legislature that any prisoner

 

required to complete a violence prevention program, sexual offender

 

program, or other program as a condition of parole shall be placed

 

on a waiting list for the appropriate programming upon entrance to

 

prison and transferred to a facility where that program is

 

available in order to accomplish timely completion of that program

 

prior to the expiration of his or her minimum sentence and

 

eligibility for parole. Nothing in this section should be deemed to

 

make parole denial appealable in court.

 

(3) 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


office, and the legislative corrections ombudsman detailing

 

enrollment in sex offender programming, assaultive offender

 

programming, violent offender programming, and thinking for a

 

change programming. At a minimum, the report shall include the

 

following:

 

(a) A full accounting, from the date of entrance to prison, of

 

the number of individuals who are required to complete the

 

programming, but have not yet done so.

 

(b) The number of individuals who have reached their earliest

 

release date, but who have not completed required programming.

 

(c) A plan of action for addressing any waiting lists or

 

backlogs for programming that may exist.

 

Sec. 924. The department shall evaluate all prisoners at

 

intake for substance abuse disorders, serious developmental

 

disorders, serious mental illness, and other mental health

 

disorders. Prisoners with serious mental illness or serious

 

developmental disorders shall not be removed from the general

 

population as a punitive response to behavior caused by their

 

serious mental illness or serious developmental disorder. Due to

 

persistent high violence risk or severe disruptive behavior that is

 

unresponsive to treatment, prisoners with serious mental illness or

 

serious developmental disorders may be placed in secure residential

 

housing programs that will facilitate access to institutional

 

programming and ongoing mental health services. A prisoner with

 

serious mental illness or serious developmental disorder who is

 

confined in these specialized housing programs shall be evaluated

 

or monitored by a medical professional at a frequency of not less


than every 12 hours.

 

Sec. 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 office on the annual number of

 

prisoners in administrative segregation between October 1, 2016 and

 

September 30, 2017, and the annual number of prisoners in

 

administrative segregation between October 1, 2016 and September

 

30, 2017 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 18 years of age are adequately trained

 

with regard to the developmental and mental health needs of

 

prisoners less than 18 years of age. By April 1, the department

 

shall report to the senate and house appropriations subcommittees

 

on corrections, the senate and house fiscal agencies, the

 

legislative corrections ombudsman, and the state budget office on

 

the training curriculum used and the number and types of staff

 

receiving annual training under that curriculum.

 

(b) Provide appropriate placement for prisoners less than 18

 

years of age who have serious mental illness, serious emotional

 

disturbance, or a serious developmental disorder and need to be


housed separately from the general population. Prisoners less than

 

18 years of age who have serious mental illness, serious emotional

 

disturbance, or a serious developmental disorder shall not be

 

removed from an existing placement as a punitive response to

 

behavior caused by their serious mental illness, serious emotional

 

disturbance, or a serious developmental disorder. Due to persistent

 

high violence risk or severe disruptive behavior that is

 

unresponsive to treatment, prisoners less than 18 years of age with

 

serious emotional disturbance, serious mental illness, or serious

 

developmental disorders may be placed in secure residential housing

 

programs that will facilitate access to institutional programming

 

and ongoing mental health services. A prisoner less than 18 years

 

of age with serious mental illness, serious emotional disturbance,

 

or a serious developmental disorder who is confined in these

 

specialized housing programs shall be evaluated or monitored by a

 

medical professional at a frequency of not less than every 12

 

hours.

 

(c) Implement a specialized reentry program that recognizes

 

the needs of prisoners less than 18 years old for supervised

 

reentry.

 

Sec. 930. The department shall submit a quarterly report to

 

the senate and house subcommittees on corrections, the senate and

 

house fiscal agencies, the legislative corrections ombudsman, and

 

the state budget office on the number of youth in prison. The

 

report shall include, but not be limited to, the following

 

information:

 

(a) The total number of inmates under age 18 who are not on


Holmes youthful trainee act status.

 

(b) The total number of inmates under age 18 who are on Holmes

 

youthful trainee act status.

 

(c) The total number of inmates aged 18 to 23 who are on

 

Holmes youthful trainee act status.

 

Sec. 937. The department shall not issue a request for

 

proposal (RFP) for a contract in excess of $5,000,000.00, unless

 

the department has first considered issuing a request for

 

information (RFI) or a request for qualification (RFQ) relative to

 

that contract to better enable the department to learn more about

 

the market for the products or services that are the subject of the

 

future RFP. The department shall notify the department of

 

technology, management, and budget of the evaluation process used

 

to determine if an RFI or RFQ was not necessary prior to issuing

 

the RFP.

 

Sec. 940. (1) Any lease, rental, contract, or other legal

 

agreement that includes a provision allowing a private person or

 

entity to use state-owned facilities or other property to conduct a

 

for-profit business enterprise shall require the lessee to pay fair

 

market value for the use of the state-owned property.

 

(2) The lease, rental, contract, or other legal agreement

 

shall also require the party using the property to make a payment

 

in lieu of taxes to the local jurisdictions that would otherwise

 

receive property tax revenue, as if the property were not owned by

 

the state.

 

Sec. 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. The department shall submit a report by May 1 to the

 

senate and house subcommittees on corrections, the senate and house

 

fiscal agencies, the legislative corrections ombudsman, and the

 

state budget office on the actual and projected savings achieved by

 

closing correctional facilities. Savings amounts shall be itemized

 

by facility. Information required by this section shall start with

 

the closure of the Pugsley Correctional Facility, which closed in

 

September of 2016.

 

Sec. 944. When the department is planning to close a

 

correctional facility, the department shall fully consider the

 

potential economic impact of the prison closure on the community

 

where the facility is located. The department, when weighing all

 

factors related to the closure of a facility, shall also consider

 

the impact on the local community where the facility to be closed

 

is located.

 

Sec. 945. The department shall provide notice to the

 

legislature and the senate and house fiscal agencies, by July 1, of

 

its intent to renew or rebid the prisoner food service contract.

 

 

 

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. 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 may accept in-kind services and

 

equipment donations to facilitate the addition of a cable network

 

that provides programming that will address the religious needs of

 

incarcerated individuals. This network may be a cable television

 

network that presently reaches the majority of households in the

 

United States. A bilingual channel affiliated with this network may

 

also be added to department programming to assist the religious

 

needs of Spanish-speaking inmates. The addition of these channels

 

shall be at no additional cost to this state.

 

Sec. 1013. From the funds appropriated in part 1, priority may

 

be given to funding reentry or rehabilitation programs that have

 

been demonstrated to reduce prison violence and recidivism,


including faith-based initiatives.

 

 

 

ONE-TIME APPROPRIATIONS

 

Sec. 1100. From the funds appropriated in part 1 for new

 

custody staff training, the department shall increase the training

 

capacity for new custody staff by 177 officers. The purpose of this

 

academy is to address higher than normal attrition of correction

 

officers and to decrease overtime costs.

 

 

 

 

 

PART 2A

 

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

 

FOR FISCAL YEAR 2018-2019

 

GENERAL SECTIONS

 

Sec. 1201. It is the intent of the legislature to provide

 

appropriations for the fiscal year ending on September 30, 2019 for

 

the line items listed in part 1. Fiscal year 2018-2019

 

appropriations are anticipated to be the same as those for fiscal

 

year 2017-2018, 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 2018 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, 2018, from the

 

following funds:

 

DEPARTMENT OF EDUCATION

 

APPROPRIATION SUMMARY

 

Full-time equated unclassified positions.......... 6.0

 

Full-time equated classified positions.......... 603.5

 

GROSS APPROPRIATION.................................... $ 351,181,200

 

Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

transfers............................................ 0

 

ADJUSTED GROSS APPROPRIATION........................... $ 351,181,200

 

Federal revenues:

 

Total federal revenues................................. 254,084,700

 

Special revenue funds:

 

Total local revenues................................... 5,817,200

 

Total private revenues................................. 2,034,300

 

Total other state restricted revenues.................. 8,567,600

 

State general fund/general purpose..................... $ 80,677,400

 

Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE

 

SUPERINTENDENT

 

Full-time equated unclassified positions.......... 6.0

 

Full-time equated classified positions........... 11.0

 

Unclassified positions--6.0 FTE positions.............. $ 851,900

 

Education commission of the states..................... 120,800


State board of education, per diem payments............ 24,400

 

State board/superintendent operations--11.0 FTE

 

positions............................................ 2,104,200

 

GROSS APPROPRIATION.................................... $ 3,101,300

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 234,800

 

Special revenue funds:

 

Private foundations.................................... 28,100

 

Certification fees..................................... 773,300

 

State general fund/general purpose..................... $ 2,065,100

 

Sec. 103. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

Full-time equated classified positions........... 23.6

 

Central support operations--23.6 FTE positions......... $ 3,712,000

 

Federal and private grants............................. 3,000,000

 

Property management.................................... 3,181,700

 

Terminal leave payments................................ 353,300

 

Training and orientation workshops..................... 150,000

 

Worker's compensation.................................. 25,100

 

GROSS APPROPRIATION.................................... $ 10,422,100

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 3,628,500

 

Federal indirect funds................................. 2,445,800

 

Special revenue funds:

 

Private foundations.................................... 1,000,000

 

Certification fees..................................... 400,000


Teacher testing fees................................... 4,000

 

Training and orientation workshop fees................. 150,000

 

State general fund/general purpose..................... $ 2,793,800

 

Sec. 104. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $ 4,225,200

 

GROSS APPROPRIATION.................................... $ 4,225,200

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 621,700

 

Federal indirect funds................................. 1,838,500

 

Special revenue funds:

 

Certification fees..................................... 400,600

 

State general fund/general purpose..................... $ 1,364,400

 

Sec. 105. SPECIAL EDUCATION SERVICES

 

Full-time equated classified positions........... 47.0

 

Special education operations--47.0 FTE positions....... $ 9,164,800

 

GROSS APPROPRIATION.................................... $ 9,164,800

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 8,584,200

 

Special revenue funds:

 

Private foundations.................................... 110,100

 

Certification fees..................................... 44,700

 

State general fund/general purpose..................... $ 425,800

 

Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

Full-time equated classified positions........... 82.0

 

Camp Tuhsmeheta--1.0 FTE position...................... $ 296,100


Low incidence outreach program......................... 450,000

 

Michigan schools for the deaf and blind operations--

 

81.0 FTE positions................................... 13,456,000

 

Private gifts - blind.................................. 200,000

 

Private gifts - deaf................................... 150,000

 

GROSS APPROPRIATION.................................... $ 14,552,100

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 7,431,900

 

Special revenue funds:

 

Local cost sharing (schools for deaf/blind)............ 5,805,500

 

Gifts, bequests, and donations......................... 646,100

 

Low incidence outreach fund............................ 450,000

 

Student insurance revenue.............................. 218,600

 

State general fund/general purpose..................... $ 0

 

Sec. 107. PROFESSIONAL PREPARATION SERVICES

 

Full-time equated classified positions........... 33.0

 

Professional preparation operations--33.0 FTE

 

positions............................................ $ 5,679,600

 

GROSS APPROPRIATION.................................... $ 5,679,600

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 1,465,900

 

Special revenue funds:

 

Certification fees..................................... 3,623,900

 

Teacher testing fees................................... 364,900

 

State general fund/general purpose..................... $ 224,900


Sec. 108. MICHIGAN OFFICE OF GREAT START

 

Full-time equated classified positions........... 66.0

 

Child development and care external support............ $ 28,368,900

 

Child development and care public assistance........... 162,396,100

 

Head start collaboration office--1.0 FTE position...... 310,600

 

Office of great start operations--65.0 FTE positions... 25,598,400

 

GROSS APPROPRIATION.................................... $ 216,674,000

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 175,056,100

 

Special revenue funds:

 

Private foundations.................................... 250,000

 

Certification fees..................................... 64,600

 

State general fund/general purpose..................... $ 41,303,300

 

Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES

 

Full-time equated classified positions........... 11.5

 

State aid and school finance operations--11.5 FTE

 

positions............................................ $ 1,648,600

 

GROSS APPROPRIATION.................................... $ 1,648,600

 

Appropriated from:

 

State general fund/general purpose..................... $ 1,648,600

 

Sec. 110. AUDIT SERVICES

 

Full-time equated classified positions............ 4.5

 

Audit operations--4.5 FTE positions.................... $ 615,300

 

GROSS APPROPRIATION.................................... $ 615,300

 

Appropriated from:

 

Federal revenues:


Federal indirect funds................................. 488,800

 

Special revenue funds:

 

Certification fees..................................... 62,500

 

State general fund/general purpose..................... $ 64,000

 

Sec. 111. ADMINISTRATIVE LAW SERVICES

 

Full-time equated classified positions............ 2.0

 

Administrative law operations--2.0 FTE positions....... $ 1,375,400

 

GROSS APPROPRIATION.................................... $ 1,375,400

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 568,000

 

Special revenue funds:

 

Certification fees..................................... 707,700

 

State general fund/general purpose..................... $ 99,700

 

Sec. 112. ACCOUNTABILITY SERVICES

 

Full-time equated classified positions........... 64.6

 

Accountability services operations--64.6 FTE positions. $ 14,666,300

 

GROSS APPROPRIATION.................................... $ 14,666,300

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 12,517,200

 

State general fund/general purpose..................... $ 2,149,100

 

Sec. 113. SCHOOL SUPPORT SERVICES

 

Full-time equated classified positions........... 83.6

 

School support services operations--83.6 FTE positions. $ 15,571,200

 

GROSS APPROPRIATION.................................... $ 15,571,200

 

Appropriated from:


Federal revenues:

 

Federal revenues....................................... 14,522,300

 

Special revenue funds:

 

Local school district service fees..................... 11,700

 

Certification fees..................................... 87,600

 

Commodity distribution fees............................ 71,700

 

State general fund/general purpose..................... $ 877,900

 

Sec. 114. FIELD SERVICES

 

Full-time equated classified positions........... 47.0

 

Field services operations--47.0 FTE positions.......... $ 9,400,800

 

GROSS APPROPRIATION.................................... $ 9,400,800

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 8,636,300

 

Special revenue funds:

 

Certification fees..................................... 37,300

 

State general fund/general purpose..................... $ 727,200

 

Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION

 

SERVICES

 

Full-time equated classified positions........... 44.7

 

Educational improvement and innovation operations--

 

44.7 FTE positions................................... $ 9,010,100

 

GROSS APPROPRIATION.................................... $ 9,010,100

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 5,898,200

 

Special revenue funds:


Certification fees..................................... 565,100

 

State general fund/general purpose..................... $ 2,546,800

 

Sec. 116. CAREER AND TECHNICAL EDUCATION

 

Full-time equated classified positions........... 29.0

 

Career and technical education operations--29.0 FTE

 

positions............................................ $ 5,252,700

 

GROSS APPROPRIATION.................................... $ 5,252,700

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 3,904,900

 

State general fund/general purpose..................... $ 1,347,800

 

Sec. 117. LIBRARY OF MICHIGAN

 

Full-time equated classified positions........... 33.0

 

Library of Michigan operations--31.0 FTE positions..... $ 4,826,400

 

Library services and technology program--1.0 FTE

 

position............................................. 5,611,400

 

Michigan eLibrary--1.0 FTE position.................... 1,753,100

 

Renaissance zone reimbursements........................ 3,300,000

 

State aid to libraries................................. 11,067,700

 

GROSS APPROPRIATION.................................... $ 26,558,600

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 5,611,400

 

Special revenue funds:

 

Library fees........................................... 300,000

 

State general fund/general purpose..................... $ 20,647,200

 

Sec. 118. EDUCATOR TALENT AND POLICY COORDINATION


Full-time equated classified positions........... 17.0

 

Educator talent and policy coordination operations--

 

17.0 FTE positions................................... $ 2,621,200

 

GROSS APPROPRIATION.................................... $ 2,621,200

 

Appropriated from:

 

Federal revenues:

 

Federal revenues....................................... 630,200

 

Special revenue funds:

 

Certification fees..................................... 241,000

 

State general fund/general purpose..................... $ 1,750,000

 

Sec. 119. PARTNERSHIP DISTRICT SUPPORT

 

Full-time equated classified positions............ 4.0

 

Partnership district support operations--4.0 FTE

 

positions............................................ $ 641,800

 

GROSS APPROPRIATION.................................... $ 641,800

 

Appropriated from:

 

State general fund/general purpose..................... $ 641,800

 

Sec. 120. ONE-TIME APPROPRIATIONS

 

Drinking water declaration of emergency................ $ 100

 

GROSS APPROPRIATION.................................... $ 100

 

Appropriated from:

 

Special revenue funds:

 

Drinking water emergency reserve fund.................. 100

 

State general fund/general purpose..................... $ 0

 

 

 

 

 

PART 2

 


PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2017-2018

 

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 2017-2018 is $89,245,000.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2017-2018 is $14,367,700.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF EDUCATION

 

State aid to libraries................................. $ 11,067,700

 

Renaissance zone reimbursements........................ 3,300,000

 

Total department of education.......................... $ 14,367,700

 

Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

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

 

(a) "ACT" means the American College Testing Corporation.

 

(b) "Department" means the Michigan department of education.

 

(c) "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.

 

(d) "FTE" means full-time equated.

 

Sec. 204. The departments and agencies receiving

 

appropriations in part 1 shall use the internet to fulfill the


reporting requirements of this part. This requirement 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. 205. 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. 206. The state superintendent of public instruction shall

 

take all reasonable steps to ensure businesses in deprived and

 

depressed communities compete for and perform contracts to provide

 

services or supplies, or both. The state superintendent of public

 

instruction shall strongly encourage firms with which the

 

department contracts to subcontract with certified businesses in

 

depressed and deprived communities for services, supplies, or both.

 

Sec. 207. The departments and agencies receiving

 

appropriations in part 1 shall prepare a report on out-of-state

 

travel expenses not later than January 1 of each year. The travel

 

report shall be a listing of all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with


funds appropriated in the department's budget. The report shall be

 

submitted to the senate and house appropriations committees, the

 

house and senate fiscal agencies, and the state budget director.

 

The report must include the following information:

 

(a) The dates of each travel occurrence.

 

(b) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

Sec. 208. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those outside services that

 

the attorney general authorizes.

 

Sec. 209. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the prior fiscal year. This report shall summarize the

 

projected year-end general fund/general purpose appropriation

 

lapses by major departmental program or program areas. The report

 

shall be transmitted to the chairpersons of the senate and house

 

appropriations committees and the senate and house fiscal agencies.

 

Sec. 210. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $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 $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. 211. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following for each department or agency:

 

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

 

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


(c) Fiscal year-to-date payments to a selected vendor,

 

including the vendor name, payment date, payment amount, and

 

payment description.

 

(d) The number of active department employees by job

 

classification.

 

(e) Job specifications and wage rates.

 

Sec. 212. Within 14 days after the release of the executive

 

budget recommendation, the department shall cooperate with the

 

state budget office to provide the senate and house appropriations

 

chairpersons, the chairpersons of the senate and house

 

appropriations subcommittees responsible for the department budget,

 

and the senate and house fiscal agencies with an annual report on

 

estimated state restricted fund balances, state restricted fund

 

projected revenues, and state restricted fund expenditures for the

 

fiscal years ending September 30, 2017 and September 30, 2018.

 

Sec. 213. The department shall maintain, on a publicly

 

accessible website, a department scorecard that identifies, tracks,

 

and regularly updates key metrics that are used to monitor and

 

improve the agency's performance.

 

Sec. 214. Total authorized appropriations from all sources

 

under part 1 for legacy costs for the fiscal year ending September

 

30, 2018 are estimated at $15,429,100.00. From this amount, total

 

agency appropriations for pension-related legacy costs are

 

estimated at $7,939,900.00. Total agency appropriations for retiree

 

health care legacy costs are estimated at $7,489,200.00.

 

Sec. 215. The department shall provide through the internet

 

the state board of education agenda and all supporting documents,


and shall notify the state budget director and the senate and house

 

fiscal agencies that the agenda and supporting documents are

 

available on the internet, at the time the agenda and supporting

 

documents are provided to state board of education members.

 

Sec. 217. The department may assist the department of health

 

and human services, 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 health and human services for reimbursement.

 

Sec. 219. From the funds appropriated in part 1, the

 

department shall ensure that kindergarten benchmark data include a

 

method for information to be provided regarding a child's

 

participation in the great start readiness program.

 

Sec. 220. The department shall post on its website a link to

 

the federal Institute of Education Sciences' What Works

 

Clearinghouse. The department also shall work to disseminate

 

knowledge about the What Works Clearinghouse to districts and

 

intermediate districts so that it may be used to improve reading

 

proficiency for pupils in grades K to 3.

 

Sec. 221. The department shall require all districts and

 

intermediate school districts to maintain complete records within

 

the personnel file of a teacher or school employee of any

 

disciplinary actions taken by the governing 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. 222. 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. 223. The department and agencies receiving appropriations

 

in part 1 shall receive and retain copies of all reports funded

 

from appropriations in part 1. Federal and state guidelines for

 

short-term and long-term retention of records shall be followed.

 

The department may electronically retain copies of reports unless

 

otherwise required by federal and state guidelines.

 

Sec. 225. (1) The department shall do all of the following:

 

(a) Not later than October 1, 2017, send districts and post on

 

its publicly accessible website a list of the grants available in

 

the 2017-2018 state fiscal year under article 1 of the state school

 

aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.

 

(b) Not later than December 1, 2017, open the grant

 

application process for grant funds appropriated in the 2017-2018

 

state fiscal year under article 1 of the state school aid act of

 

1979, 1979 PA 94, MCL 388.1601 to 388.1772.

 

(2) If the department fails to comply with either subdivision

 

(a) or subdivision (b), the state money appropriated in part 1 for

 

state board/superintendent operations shall be reduced by 1%.

 

Sec. 226. From the funds appropriated in part 1, the

 

department shall coordinate with the other departments to

 

streamline state services and resources, reduce duplication, and

 

increase efficiency. This includes, but is not limited to, working

 

with the department of technology, management, and budget to

 

coordinate with the school reform office, working with the


department of treasury to coordinate with the financial

 

independence team and overseeing deficit districts, and working

 

with the department of health and human services and department of

 

licensing and regulatory affairs to coordinate with early childhood

 

programs and overseeing child care providers.

 

Sec. 227. (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. 229. The department shall not enter into a contract

 

funded under part 1 that exceeds $1,000,000.00, submit federal

 

accountability plans, or request amendments to federal

 

accountability plans until after notification of the content to

 

both the house and senate appropriations committees and the state

 

budget director.

 

Sec. 230. From the funds appropriated in part 1, the

 

department shall compile a report that identifies any new, or lack

 

thereof, mandates required of nonpublic schools. In compiling the

 

report, the department may consult with relevant statewide

 

education associations in Michigan. The report compiled by the


department shall indicate the type of mandate, including, but not

 

limited to, student health, student or building safety,

 

accountability, and educational requirements, and shall indicate

 

whether a school has to report on the specified mandates. The

 

report required under this section shall be completed by April 1,

 

2018 and transmitted to the state budget director, the house and

 

senate appropriations subcommittees responsible for the department

 

of education, and the senate and house fiscal agencies not later

 

than April 15, 2018.

 

 

 

STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

 

Sec. 301. (1) The appropriations in part 1 may be used for per

 

diem payments to the state board for meetings at which a quorum is

 

present or for performing official business authorized by the state

 

board. The per diem payments shall be at a rate as follows:

 

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

 

(b) State board of education - member other than president -

 

$100.00 per day.

 

(2) A state board of education member shall not be paid a per

 

diem for more than 30 days per year.

 

Sec. 302. From the amount appropriated in part 1 to the state

 

board of education, not more than $35,000.00 shall be expended in

 

the current fiscal year for in-state travel and out-of-state travel

 

directly related to the duties of the state board of education.

 

 

 

CENTRAL SUPPORT

 

Sec. 325. 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.

 

 

 

SPECIAL EDUCATION SERVICES

 

Sec. 350. From the funds in part 1 for special education

 

operations, the department shall perform the following activities:

 

(a) Design and distribute to all parents of a student with a

 

disability information about federal and state mandates regarding

 

the rights and protections of students with disabilities,

 

including, but not limited to, individualized education programs to

 

ensure that parents and legal guardians are fully informed about

 

laws, rules, procedural safeguards, problem-solving options, and

 

any other information the department determines is necessary so

 

that parents and legal guardians may be able to provide meaningful

 

input in collaboration with districts to develop and implement an

 

individualized education program.

 

(b) Train mediators who are knowledgeable about the dispute

 

resolution system and state and federal mandates pertaining to the

 

rights and protections of students with disabilities outlined in

 

the federal individuals with disabilities education act, 20 USC

 

1400 to 1482, and the Michigan administrative rules for special

 

education programs and services, R 340.1701 to R 340.1862 of the

 

Michigan Administrative Code. This annual training will include

 


coursework, resources, and materials.

 

 

 

MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

Sec. 401. The employees at the Michigan Schools for the Deaf

 

and Blind who work on a school-year basis are considered annual

 

employees for purposes of service credits, retirement, and

 

insurance benefits.

 

Sec. 402. For each student enrolled at the Michigan Schools

 

for the Deaf and Blind, the department shall assess the

 

intermediate school district of residence 100% of the cost of

 

operating the student's instructional program. The amount shall

 

exclude room and board related costs and the cost of weekend

 

transportation between the school and the student's home.

 

Sec. 406. (1) The Michigan Schools for the Deaf and Blind may

 

promote its residential program as a possible appropriate option

 

for children who are deaf or hard of hearing or who are blind or

 

visually impaired. The Michigan Schools for the Deaf and Blind

 

shall distribute information detailing its services to all

 

intermediate school districts in the state.

 

(2) Upon knowledge of or recognition by an intermediate school

 

district that a child in the district is deaf or hard of hearing or

 

blind or visually impaired, the intermediate school district shall

 

provide to the parents of the child the literature distributed by

 

the Michigan Schools for the Deaf and Blind to intermediate school

 

districts under subsection (1).

 

(3) Parents will continue to have a choice regarding the

 

educational placement of their deaf or hard-of-hearing children.

 


Sec. 407. Revenue received by the Michigan Schools for the

 

Deaf and Blind from gifts, bequests, donations, and local district

 

service fees that is unexpended at the end of the state fiscal year

 

may be carried over to the succeeding fiscal year and shall not

 

revert to the general fund.

 

Sec. 408. (1) The funds appropriated in part 1 for the low

 

incidence outreach fund are appropriated from money collected by

 

the Michigan Schools for the Deaf and Blind and the low incidence

 

outreach program for providing qualified services and may be used

 

for any expenses necessary to provide the qualified services. Any

 

money that is unexpended at the end of the current fiscal year may

 

be carried forward into the succeeding fiscal year.

 

(2) As used in this section, "qualified services" means

 

document reproduction and services; conducting conferences,

 

workshops, and training classes; and providing specialized

 

equipment, facilities, and software.

 

 

 

PROFESSIONAL PREPARATION SERVICES

 

Sec. 501. From the funds appropriated in part 1 for

 

professional preparation services, the department shall maintain

 

certificate revocation/felony conviction files of educational

 

personnel.

 

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. 503. From the funds appropriated in part 1, the

 

department shall, upon request, consult with the Michigan Virtual

 

Research Institute and external stakeholders in connection with the

 

department's implementation and administration of professional

 

development training described in section 35a of the state school

 

aid act of 1979, 1979 PA 94, MCL 388.1635a, including, but not

 

limited to, the online training of educators of pupils in grades K

 

to 3 described in that section.

 

Sec. 506. Revenue received from teacher testing fees that is

 

unexpended at the end of the current fiscal year may be carried

 

over to the succeeding fiscal year and shall not revert to the

 

general fund.

 

Sec. 507. From the funds appropriated in part 1, the

 

department shall adopt a teacher certification test that ensures

 

that all newly certified elementary teachers have the skills to

 

deliver evidence-based literacy instruction. The department may use

 

teacher certification or teacher testing fee revenue to the extent

 

allowable under law to implement this section, or may pass along

 

increased testing fees to teachers as allowable and appropriate.

 

 

 

FIELD SERVICES

 

Sec. 701. (1) From the funds appropriated in part 1 for field

 

services operations, the department shall produce a report

 

detailing the progress made by districts with grades K to 3

 


receiving at-risk funding under section 31a of the state school aid

 

act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered

 

systems of supports in the prior school fiscal year for grades 4 to

 

8, and in providing reading intervention services described in

 

section 1280f of the revised school code, 1976 PA 451, MCL

 

380.1280f, for pupils in grades K to 3.

 

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

 

minimum:

 

(a) A description of the training, coaching, and technical

 

assistance offered by the department to districts to support the

 

implementation of effective multitiered systems of supports and

 

reading intervention programs.

 

(b) A list of districts determined by the department to have

 

successfully implemented multitiered systems of supports and

 

reading intervention programs.

 

(c) A list of best practices that the department has

 

identified that may be used by districts to implement multitiered

 

systems of supports and reading intervention programs.

 

(d) Other information the department determines would be

 

useful to understanding the status of districts' implementation of

 

effective multitiered systems of supports and reading intervention

 

programs.

 

(3) The department shall provide the report described in

 

subsection (1) to the state budget director, the house and senate

 

subcommittees that oversee the department of education and school

 

aid budgets, and the house and senate fiscal agencies by September

 

30, 2018.


LIBRARY OF MICHIGAN

 

Sec. 801. (1) The funds appropriated in part 1 for library

 

fees are appropriated from money collected by the Library of

 

Michigan for providing qualified services and may be used for any

 

expenses necessary to provide the qualified services. Any money

 

that is unexpended at the end of the current fiscal year may be

 

carried forward into the succeeding fiscal year.

 

(2) As used in this section, "qualified services" means

 

document reproduction and services; conducting conferences,

 

workshops, and training classes; and providing specialized

 

equipment, facilities, and software.

 

Sec. 803. It is the intent of the legislature that the Library

 

of Michigan and the component programs currently within the Library

 

of Michigan with the exception of the genealogical collections

 

shall be kept together in a state department.

 

Sec. 804. (1) The funds appropriated in part 1 for renaissance

 

zone reimbursements shall be used to reimburse public libraries

 

under section 12 of the Michigan renaissance zone act, 1996 PA 376,

 

MCL 125.2692, for taxes levied in 2017. The allocations shall be

 

made not later than 60 days after the department of treasury

 

certifies to the department and to the state budget director that

 

the department of treasury has received all necessary information

 

to properly determine the amounts due to each eligible recipient.

 

(2) If the amount appropriated under this section is not

 

sufficient to fully pay obligations under this section, payments

 

shall be prorated on an equal basis among all eligible public

 

libraries.


MICHIGAN OFFICE OF GREAT START

 

Sec. 1001. By November 1, 2017, 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 average number of eligible child care providers by

 

type receiving payment for child care services from the department

 

for the fiscal year ending September 30, 2017.

 

Sec. 1002. (1) From the funds appropriated in part 1 for child

 

development and care public assistance, there is allocated

 

$19,430,000.00 for the following purposes:

 

(a) To increase the provider reimbursement rates for child

 

care centers under the following guidelines:

 

(i) Increase the reimbursement rate for child care center

 

providers with an empty star rating by $0.25 per hour for each

 

child.

 

(ii) Increase the reimbursement rate for child care center

 

providers with a 1-star rating by $0.25 per hour for each child.

 

(iii) Increase the reimbursement rate for child care center

 

providers with a 2-star rating by $0.25 per hour for each child.

 

(iv) Increase the reimbursement rate for child care center

 

providers with a 3-star rating by $0.50 per hour for each child.

 

(v) Increase the reimbursement rate for child care center

 

providers with a 4-star rating by $0.50 per hour for each child.

 

(vi) Increase the reimbursement rate for child care center

 

providers with a 5-star rating by $0.75 per hour for each child.

 

(b) To increase the provider reimbursement rates for group

 

home providers under the following guidelines:


(i) Increase the reimbursement rate for group home providers

 

with an empty star rating by $0.25 per hour for each child.

 

(ii) Increase the reimbursement rate for group home providers

 

with a 1-star rating by $0.25 per hour for each child.

 

(iii) Increase the reimbursement rate for group home providers

 

with a 2-star rating by $0.25 per hour for each child.

 

(iv) Increase the reimbursement rate for group home providers

 

with a 3-star rating by $0.50 per hour for each child.

 

(v) Increase the reimbursement rate for group home providers

 

with a 4-star rating by $0.50 per hour for each child.

 

(vi) Increase the reimbursement rate for group home providers

 

with a 5-star rating by $0.75 per hour for each child.

 

(c) To increase the provider reimbursement rates for

 

registered family homes under the following guidelines:

 

(i) Increase the reimbursement rate for registered family home

 

providers with an empty star rating by $0.25 per hour for each

 

child.

 

(ii) Increase the reimbursement rate for registered family

 

home providers with a 1-star rating by $0.25 per hour for each

 

child.

 

(iii) Increase the reimbursement rate for registered family

 

home providers with a 2-star rating by $0.25 per hour for each

 

child.

 

(iv) Increase the reimbursement rate for registered family

 

home providers with a 3-star rating by $0.50 per hour for each

 

child.

 

(v) Increase the reimbursement rate for registered family home


providers with a 4-star rating by $0.50 per hour for each child.

 

(vi) Increase the reimbursement rate for registered family

 

home providers with a 5-star rating by $0.75 per hour for each

 

child.

 

(d) To increase the provider reimbursement rates for

 

unlicensed providers under the following guidelines:

 

(i) Increase the reimbursement rate for unlicensed providers

 

with a tier 1 rating by $0.25 per hour for each child.

 

(ii) Increase the reimbursement rate for unlicensed providers

 

with a tier 2 rating by $0.75 per hour for each child.

 

(2) The department shall ensure that the final provider

 

reimbursement rates determined under this section are published on

 

the department and great start to quality webpages by the date that

 

the new rates take effect.

 

Sec. 1003. (1) The department shall provide the house and

 

senate appropriations subcommittees on the department budget with

 

an annual report on all funding appropriated to the Early Childhood

 

Investment Corporation by the state during the previous fiscal

 

year. The report is due by February 15 and must contain at least

 

the following information:

 

(a) Total funding appropriated to the Early Childhood

 

Investment Corporation by the state during the previous fiscal

 

year.

 

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

 

(c) The grant recipients.

 

(d) The activities funded by each grant.

 

(e) An analysis of each grant recipient's success in


addressing the development of a comprehensive system of early

 

childhood services and supports.

 

(2) All department contracts for early childhood comprehensive

 

systems planning shall be bid out through a statewide request-for-

 

proposal process.

 

Sec. 1004. From the funds appropriated in part 1 for office of

 

great start operations, there is allocated $1,000,000.00 in federal

 

discretionary funds to ensure that the TEACH scholarship program

 

gives preference to the following providers:

 

(a) Providers that currently have a great start to quality

 

star rating or are in the process to receive a star rating.

 

(b) Providers that are seeking to increase their great start

 

to quality star rating and are only restricted from receiving the

 

increased rating because they lack employees with the proper

 

education level.

 

Sec. 1005. From the additional funds appropriated in part 1

 

for the child development and care external support, the department

 

shall work with the department of licensing and regulatory affairs

 

to provide fingerprinting services and background checks of

 

employees of child care providers as required under the terms of

 

the federal child care and development block grant.

 

Sec. 1007. (1) From the funds appropriated in part 1 for child

 

development and care - external support, the department shall

 

create progress reports that shall include, but are not limited to,

 

the following:

 

(a) Both the on-site and off-site activities that are intended

 

to improve child care provider quality and the number of times


those activities are performed by the licensing consultants.

 

(b) How many on-site visits a single licensing consultant has

 

made since the start of the current fiscal year.

 

(c) The types of on-site visits and the number of visits for

 

each type that a single consultant has made since the start of the

 

current fiscal year.

 

(d) The number of providers that have improved their quality

 

rating since the start of the current fiscal year compared to the

 

same time period in the preceding fiscal year, reported as the

 

number of providers in each regional prosperity zone.

 

(e) The types of activities that are intended to improve

 

licensing consultant performance and child care provider quality

 

and the number of times those activities are performed by the

 

managers and administrators.

 

(2) The progress reports shall be sent to the state budget

 

director, the house and senate subcommittees that oversee the

 

department of education, and the house and senate fiscal agencies

 

by April 1, 2018 and September 30, 2018.

 

Sec. 1008. From the amount appropriated in part 1 for office

 

of great start operations, the department shall work with the

 

department of health and human services to coordinate services

 

provided to families for home visits, reduce duplication of state

 

services and spending, and increase efficiencies including the home

 

visits funded under section 32p of the state school aid act of

 

1979, 1979 PA 94, MCL 388.1632p.

 

Sec. 1009. From the funds appropriated in part 1 for child

 

development and care public assistance, there is allocated


$5,500,000.00 to raise the entrance threshold of the child

 

development and care program from 125% of the federal poverty

 

guidelines to 130% of the federal poverty guidelines.

 

 

 

ACCOUNTABILITY SERVICES

 

Sec. 1021. Using the funds appropriated in part 1, the

 

department shall work in collaboration with the department of

 

technology, management, and budget to renegotiate the contract with

 

the ACT to ensure that it registers, issues, and ships to schools a

 

printed national career readiness certificate (NCRC) to each

 

Michigan student who takes the ACT WorkKeys test, successfully

 

completes the exam, qualifies for the certificate, and ensures that

 

the renegotiated contract results in minimal or no additional costs

 

to the state. If a renegotiation cannot be completed that results

 

in minimal or no additional costs to the state, the department

 

shall rebid the contract for the workskills portion of the Michigan

 

merit exam (MME).

 

 

 

ONE-TIME APPROPRIATIONS

 

Sec. 1101. (1) From the funds appropriated in part 1 for

 

drinking water declaration of emergency, the department shall

 

allocate funding to address the child care needs in a city in which

 

a declaration of emergency was issued because of drinking water

 

contamination. Funds shall be used to support the following

 

activities in the city:

 

(a) Pilot the expansion of the child development and care

 

eligibility to children ages 0 to 3 for 1/2-day child care services

 


by increasing the household income entrance threshold to 300% of

 

the federal poverty guidelines.

 

(b) Provide information to child care providers on

 

identification and intervention services for children demonstrating

 

potential developmental delays associated with exposure to lead.

 

(2) The department shall amend definitions and eligibility

 

requirements in the child care and development fund state plan as

 

necessary to implement this section.

 

(3) Each month, the department shall create a report

 

concerning each city where there is a drinking water declaration of

 

emergency or where a drinking water declaration of emergency has

 

been lifted and the department continues to spend funds under this

 

section. The report shall include, but is not limited to, all of

 

the following:

 

(a) The number of children ages 0 to 3 in the city.

 

(b) The number of children ages 0 to 3 in the city served by

 

the child development and care program before the implementation of

 

the increase to the entrance threshold to 300% of the federal

 

poverty guidelines.

 

(c) The number of children ages 0 to 3 in the city served by

 

the child development and care program after the implementation of

 

the increase to the entrance threshold to 300% of the federal

 

poverty guidelines.

 

(d) The number of cases including a child aged 0 to 3 in the

 

city being served by the child development and care program.

 

(e) The number of children receiving referrals for additional

 

screenings, assessments, or services that are ages 0 to 3 in the


city served by the child development and care program.

 

(f) The number of children ages 0 to 3 identified with

 

developmental delays in the city served by the child development

 

and care program.

 

(g) The number of children ages 0 to 3 who are in 1-parent

 

households in the city served by the child development and care

 

program.

 

(h) The number of children ages 0 to 3 who are in 2-parent

 

households in the city served by the child development and care

 

program.

 

(i) The number of child care providers that were provided

 

training on identifying the impacts of lead exposure, as well as

 

related developmental delays that are serving children ages 0 to 3

 

in the city participating in the child development and care

 

program.

 

(j) The types and number of communications with parents or

 

caretakers on the impact of developmental delays and available

 

services for children ages 0 to 3 in the city being served by the

 

child development and care program. The department shall create a

 

list of communication types that includes, but is not limited to,

 

all of the following: in person, telephone, letter, and electronic

 

mail.

 

(4) The report created under subsection (3) shall be sent to

 

the state budget director, the house and senate appropriations

 

subcommit