SENATE Substitute For
House BILL NO. 5396
the people of the state of michigan enact:
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ARTICLE 1
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
part 1
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line-item appropriations
Sec. 101. There is appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2021, from the following funds:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT |
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APPROPRIATION SUMMARY |
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Full-time equated unclassified positions |
6.0 |
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Full-time equated classified positions |
519.0 |
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GROSS APPROPRIATION |
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$ |
121,295,000 |
Total interdepartmental grants and intradepartmental transfers |
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324,400 |
ADJUSTED GROSS APPROPRIATIONS |
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$ |
120,970,600 |
Federal revenues: |
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Total federal revenues |
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13,129,500 |
Special revenue funds: |
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Total local revenues |
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0 |
Total private revenues |
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71,300 |
Total other state restricted revenues |
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44,153,000 |
State general fund/general purpose |
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$ |
63,616,800 |
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT |
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Full-time equated unclassified positions |
6.0 |
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Full-time equated classified positions |
27.0 |
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Unclassified salaries--FTE positions |
6.0 |
$ |
599,900 |
Accounting service center |
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1,033,800 |
Commissions and boards |
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23,800 |
Emergency management--FTEs |
4.0 |
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1,328,000 |
Executive direction--FTEs |
23.0 |
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3,262,800 |
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Property management |
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734,100 |
GROSS APPROPRIATION |
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$ |
6,982,400 |
Appropriated from: |
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Federal revenues: |
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HHS, multiple grants |
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449,300 |
Special revenue funds: |
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Agriculture licensing and inspection fees |
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44,300 |
Dairy and food safety fund |
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100,200 |
Feed control fund |
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8,100 |
Fertilizer control fund |
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10,000 |
Freshwater protection fund |
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60,900 |
Gasoline inspection and testing fund |
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25,000 |
Industry support funds |
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55,600 |
Michigan craft beverage council fund |
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8,800 |
Private forestland enhancement fund |
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15,600 |
Refined petroleum fund |
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20,000 |
Weights and measures regulation fees |
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5,000 |
State general fund/general purpose |
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$ |
6,179,600 |
Sec. 103. INFORMATION AND TECHNOLOGY |
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Information technology services and projects |
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$ |
2,068,200 |
GROSS APPROPRIATION |
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$ |
2,068,200 |
Appropriated from: |
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Interdepartmental grant revenues: |
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IDG from LARA (LCC), liquor quality testing fees |
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3,200 |
Special revenue funds: |
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Agricultural preservation fund |
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200 |
Agriculture licensing and inspection fees |
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95,400 |
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Dairy and food safety fund |
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62,200 |
Feed control fund |
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15,000 |
Freshwater protection fund |
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100 |
Gasoline inspection and testing fund |
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32,400 |
Michigan craft beverage council fund |
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500 |
State general fund/general purpose |
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$ |
1,859,200 |
Sec. 104. FOOD AND DAIRY |
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Full-time equated classified positions |
139.0 |
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Food safety and quality assurance--FTEs |
103.0 |
$ |
18,276,600 |
Milk safety and quality assurance--FTEs |
36.0 |
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5,785,100 |
GROSS APPROPRIATION |
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$ |
24,061,700 |
Appropriated from: |
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Federal revenues: |
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HHS, multiple grants |
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2,753,000 |
USDA, multiple grants |
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137,200 |
Special revenue funds: |
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Consumer and industry food safety education fund |
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242,500 |
Dairy and food safety fund |
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5,473,600 |
Industry food safety education fund |
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114,100 |
Marihuana regulatory fund |
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350,000 |
Marihuana regulation fund |
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350,000 |
State general fund/general purpose |
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$ |
14,641,300 |
Sec. 105. ANIMAL INDUSTRY |
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Full-time equated classified positions |
62.0 |
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Animal disease prevention and response--FTEs |
62.0 |
$ |
9,669,700 |
Indemnification - livestock depredation |
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15,000 |
Michigan animal agriculture alliance |
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3,000,000 |
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GROSS APPROPRIATION |
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$ |
12,684,700 |
Appropriated from: |
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Federal revenues: |
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HHS, multiple grants |
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15,100 |
USDA, multiple grants |
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567,700 |
Special revenue funds: |
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Agriculture licensing and inspection fees |
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72,100 |
Animal welfare fund |
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150,000 |
State general fund/general purpose |
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$ |
11,879,800 |
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT |
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Full-time equated classified positions |
95.0 |
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Animal feed safety--FTEs |
10.0 |
$ |
2,097,700 |
Pesticide and plant pest management--FTEs |
85.0 |
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14,243,700 |
GROSS APPROPRIATION |
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$ |
16,341,400 |
Appropriated from: |
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Federal revenues: |
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Department of interior |
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101,800 |
EPA, multiple grants |
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566,200 |
HHS, multiple grants |
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391,800 |
USDA, multiple grants |
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717,700 |
Special revenue funds: |
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Private - slow-the-spread foundation |
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21,300 |
Agriculture licensing and inspection fees |
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4,520,200 |
Commodity inspection fees |
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674,500 |
Feed control fund |
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1,392,400 |
Fertilizer control fund |
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1,338,200 |
Freshwater protection fund |
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157,500 |
Horticulture fund |
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40,000 |
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Industrial hemp licensing and registration fund |
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602,900 |
Industry support funds |
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228,100 |
State general fund/general purpose |
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$ |
5,588,800 |
Sec. 107. ENVIRONMENTAL STEWARDSHIP |
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Full-time equated classified positions |
65.5 |
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Agricultural preservation easement grants |
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$ |
1,900,000 |
Environmental stewardship - MAEAP--FTEs |
25.0 |
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11,697,900 |
Farmland and open space preservation--FTEs |
10.0 |
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1,581,100 |
Intercounty drain--FTEs |
6.0 |
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846,300 |
Migrant labor housing--FTEs |
9.0 |
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1,331,400 |
Qualified forest program--FTEs |
9.0 |
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2,662,800 |
Right-to-farm--FTEs |
6.5 |
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1,003,800 |
GROSS APPROPRIATION |
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$ |
21,023,300 |
Appropriated from: |
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Interdepartmental grant revenues: |
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IDG from MDEGLE, biosolids |
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93,400 |
Federal revenues: |
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Department of interior |
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96,300 |
EPA, multiple grants |
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562,700 |
USDA, multiple grants |
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1,322,300 |
Special revenue funds: |
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Agricultural preservation fund |
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3,481,100 |
Freshwater protection fund |
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8,302,800 |
Migratory labor housing fund |
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140,100 |
Private forestland enhancement fund |
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1,080,100 |
State general fund/general purpose |
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$ |
5,944,500 |
Sec. 108. LABORATORY PROGRAM |
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Full-time equated classified positions |
108.5 |
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Central licensing and customer call center--FTEs |
12.5 |
$ |
1,447,800 |
Consumer protection program--FTEs |
42.0 |
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6,970,600 |
Laboratory services--FTEs |
43.0 |
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7,650,100 |
USDA monitoring--FTEs |
11.0 |
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1,683,900 |
GROSS APPROPRIATION |
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$ |
17,752,400 |
Appropriated from: |
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Interdepartmental grant revenues: |
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IDG from LARA (LCC), liquor quality testing fees |
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227,800 |
Federal revenues: |
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EPA, multiple grants |
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180,600 |
HHS, multiple grants |
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951,900 |
USDA, multiple grants |
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1,685,100 |
Special revenue funds: |
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Agriculture licensing and inspection fees |
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348,800 |
Dairy and food safety fund |
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516,900 |
Feed control fund |
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191,700 |
Fertilizer control fund |
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24,900 |
Freshwater protection fund |
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47,300 |
Gasoline inspection and testing fund |
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1,415,700 |
Grain dealers fee fund |
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7,900 |
Industrial hemp licensing and registration fund |
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319,000 |
Migratory labor housing fund |
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29,400 |
Refined petroleum fund |
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3,396,700 |
Testing fees |
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353,900 |
Weights and measures regulation fees |
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737,700 |
State general fund/general purpose |
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$ |
7,317,100 |
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Sec. 109. AGRICULTURE DEVELOPMENT |
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Full-time equated classified positions |
22.0 |
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Agriculture development--FTEs |
13.0 |
$ |
4,752,700 |
Fair food network - double up food bucks |
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900,000 |
Food and agriculture investment program |
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2,470,600 |
Michigan craft beverage council--FTEs |
3.0 |
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936,600 |
Producer security/grain dealers--FTEs |
5.0 |
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747,000 |
Rural development fund grant program--FTE |
1.0 |
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2,004,800 |
GROSS APPROPRIATION |
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$ |
11,811,700 |
Appropriated from: |
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Federal revenues: |
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USDA, multiple grants |
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2,630,800 |
Special revenue funds: |
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Private - commodity group revenue |
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50,000 |
Agriculture licensing and inspection fees |
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5,100 |
Grain dealers fee fund |
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699,700 |
Industry support funds |
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223,600 |
Michigan craft beverage council fund |
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891,200 |
Rural development fund |
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2,004,800 |
State general fund/general purpose |
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$ |
5,306,500 |
Sec. 110. FAIRS AND EXPOSITIONS |
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County fairs, shows, and expositions |
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$ |
500,000 |
Fairs and racing |
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258,600 |
Licensed tracks - light horse racing |
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40,300 |
Light horse racing - breeders' awards |
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20,000 |
Purses and supplements - fairs/licensed tracks |
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708,300 |
Standardbred breeders' awards |
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345,900 |
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Standardbred purses and supplements - licensed tracks |
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671,800 |
Standardbred sire stakes |
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275,000 |
Thoroughbred breeders' awards |
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368,600 |
Thoroughbred sire stakes |
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378,800 |
Thoroughbred supplements - licensed tracks |
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601,900 |
GROSS APPROPRIATION |
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$ |
4,169,200 |
Appropriated from: |
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Special revenue funds: |
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Agriculture equine industry development fund |
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3,669,200 |
State general fund/general purpose |
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$ |
500,000 |
Sec. 111. ONE-TIME ONLY APPROPRIATIONS |
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Conservation reserve enhancement program |
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$ |
4,400,000 |
GROSS APPROPRIATION |
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$ |
4,400,000 |
Appropriated from: |
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Special revenue funds: |
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State general fund/general purpose |
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$ |
4,400,000 |
part 2
provisions concerning appropriations
for fiscal year
general sections
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2020-2021 is $107,769,800.00 and state spending from state sources to be paid to local units of government for fiscal year 2020-2021 is $8,800,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
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DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT |
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Agriculture preservation easement grants |
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$ |
1,900,000 |
Environmental stewardship/MAEAP |
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4,100,000 |
Qualified forest program |
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1,400,000 |
Rural development fund grant program |
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1,400,000 |
TOTAL |
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$ |
8,800,000 |
Sec. 202. The appropriations authorized under
part 1 and this part are subject to the management and budget act, 1984 PA 431,
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) "Fiscal agencies" means the Michigan house fiscal agency and the Michigan senate fiscal agency.
(d) "
(e) "
(f) "MAEAP" means the Michigan agriculture environmental assurance program.
(g) "MDEGLE" means the Michigan department of environment, Great Lakes, and energy.
(h) "Subcommittees" means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.
(i) "TB" means tuberculosis.
(j) "USDA" means the United States Department of Agriculture.
Sec. 204. (1) The departments and agencies receiving
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appropriations in part 1 shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via electronic mail to the recipients identified for each reporting requirement, and shall include placement of reports on an internet site.
(2) In fulfilling the reporting requirements of this part, the department shall notify report recipients when reports are posted to the department website.
Sec. 205. 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.
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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
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transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the
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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, 2020 and September 30, 2021.
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, 2021 is $13,605,700.00. From this
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amount, total agency appropriations for pension-related legacy costs are estimated at $6,528,200.00. Total agency appropriations for retiree health care legacy costs are estimated at $7,077,500.00.
Sec. 215. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the senate or house or a member's staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.
Sec. 216. (1) On a quarterly basis, the department
shall report to the senate and house appropriations committees, the senate and
house appropriations subcommittees on the department budget, and the senate and
house fiscal agencies the following information:
(a) The number of FTEs in pay status by type of
staff and civil service classification.
(b) A comparison by line item of the number of FTEs
authorized from funds appropriated in part 1 to the actual number of FTEs
employed by the department at the end of the reporting period.
(2) By April 1 of the current fiscal year and
semiannually thereafter, the department shall report to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
the department budget, and the senate and house fiscal agencies the following
information:
(a) Number of employees that were engaged in remote
work
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in 2020.
(b) Number of employees authorized to work remotely
and the actual number of those working remotely in the current reporting
period.
(c) Estimated net cost savings achieved by remote
work.
(d) Reduced use of office space associated with
remote work.
Sec. 217. Appropriations in part 1 shall, to the
extent possible by the department, not be expended until all existing work
project authorization available for the same purposes is exhausted.
Sec. 218. If the state administrative board, acting
under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount
appropriated under this article, the legislature may, by a concurrent
resolution adopted by a majority of the members elected to and serving in each
house, intertransfer funds within this article for the particular department,
board, commission, officer, or institution.
Sec. 219. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 220. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house
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appropriations committees, the senate and house subcommittees on agriculture and rural development, the joint committee on administrative rules, and the senate and house fiscal agencies.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 301. (1) The department may establish a fee schedule and collect fees for the following work activities and services:
(a) Pesticide and plant pest management propagation and certification of virus-free foundation stock.
(b) Fruit and vegetable inspection and grading services at shipping and termination points and processing plants.
(c) Laboratory support analyses of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards.
(d) Laboratory support test samples for other state and local agencies and public or private organizations.
(2) The department may receive and expend revenue from the fees authorized under subsection (1), subject to appropriation, for the purpose of recovering expenses associated with the work activities and services described in subsection (1). Fee revenue collected by the department under subsection (1) shall not lapse to the state general fund at the end of the fiscal year but shall carry forward for appropriation by the legislature in the subsequent fiscal year.
(3) The department shall notify the subcommittees, the
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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.
Sec. 401. (1) The department shall report on the
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previous fiscal year's activities of the food and dairy division. The report shall include information on activities and outcomes of the dairy safety and inspection program, the food safety inspection program, the foodborne illness and emergency response program, and the food service program.
(2) The report shall include information on significant foodborne outbreaks and emergencies, including any significant enforcement actions taken related to food safety during the prior calendar year.
(3) The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.
ANIMAL INDUSTRY
Sec. 451. From the funds appropriated in part 1 for bovine TB, 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. (1) The department shall report on the previous calendar year's activities of the animal industry division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.
(2) The department shall include in the report all indemnification payments for livestock depredation made in
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the previous calendar year and shall include all of the following:
(a) The reason for the indemnification.
(b) The amount of the indemnification.
(c) The person for whom the indemnification was paid.
Sec. 457. (1) On or before October 15, 2020, 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
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should be aware of that will promote or hinder efforts to achieve bovine TB-free status for this state.
Sec. 458. From the funds appropriated in part 1 for Michigan animal agriculture alliance, the department shall work with animal industry representatives and state research universities to establish an animal research grant program.
PESTICIDE AND PLANT PEST MANAGEMENT
Sec. 501. The department shall report on the previous calendar year's activities of the pesticide and plant pest management division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website on or before April 1 of each year.
ENVIRONMENTAL STEWARDSHIP
Sec. 601. The funds appropriated in part 1 for environmental stewardship/MAEAP shall be used to support department agriculture pollution prevention programs, including groundwater and freshwater protection programs under part 87 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing conservation grants available under the federal farm bill of 2014 and the federal farm bill of 2018.
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
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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 up to a total of $1,000,000.00 in excess of the federal revenue appropriated in section 107 of part 1 for environmental stewardship and MAEAP activities. The department shall notify the subcommittees, the fiscal agencies, and the state budget office prior to expending federal revenues authorized under this section.
Sec. 608. (1) The appropriations in part 1 for the qualified forest program are for the purpose of increasing the knowledge of nonindustrial private forestland owners of sound forest management practices and increasing the amount of commercial timber production from those lands.
(2) The department shall work in partnership with stakeholder groups and other state and federal agencies to increase the active management of nonindustrial private forestland to foster the growth of Michigan's timber product industry.
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
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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, including promotion of hoop houses, 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
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agriculture investment program for the previous fiscal year that includes a listing of the grantees, award amounts, match funding, project locations, and project outcomes.
(6) The food and agriculture investment program shall be administered by the department and provide support for food and agriculture projects that will enable growth in the industry and this state's economy.
(7) The unexpended funds appropriated in part 1 for the food and agriculture investment program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to promote and expand the Michigan food and agriculture sector, grow Michigan exports, and increase food processing activities within the state.
(b) The project will be funded in accordance with this section and the project guidelines approved by the Michigan commission of agriculture and rural development 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, 2023.
(8) The department may expend money from the funds appropriated in part 1 for the food and agriculture
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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 5% from the funds appropriated in part 1 for the food and agriculture investment program for administrative purposes.
Sec. 702. The department shall work with the rural development fund board to establish a process and criteria for funding projects as well as establishing metrics and measurable outcomes for the program. Funds appropriated from the rural development fund shall be used in accordance with the provisions of the rural development fund act, 2012 PA 411, MCL 286.941 to 286.947.
Sec. 703. (1) The department shall work with the department of health and human services to do all of the following:
(a) Notify recipients of food assistance program benefits that food assistance program benefits can be accessed at many farmer's markets in this state with bridge cards.
(b) Notify recipients of food assistance program benefits about the double up food bucks program that is administered by the fair food network. Food assistance program recipients shall receive information about the double
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up food bucks program, including information that explains that when program recipients spend up to $20.00 at participating farmer's markets and grocery stores, the recipient can receive an additional $20.00 to buy Michigan produce.
(2) The department shall work with the fair food network to expand access to the double up food bucks program in each of the state's counties with grocery stores or farmer's markets that meet the program's eligibility requirements.
(3) On or before June 1, 2021, the department shall submit a report on activities and outcomes of the double up food bucks program to the subcommittees and the fiscal agencies. The report shall contain all of the following:
(a) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name and location of vendors, as of May 1, 2020.
(b) Counties in this state with participating double up food bucks vendors, the number of vendors by county, and the name of location of vendors, as of May 1, 2021. The report shall highlight counties and vendors added to the program since May 1, 2020.
(c) Number of individuals participating in the program, by county.
(d) A breakdown of program participation by county and by day of week.
(4) The report required under subsection (3) shall also include a discussion of program evaluation criteria, as well as recommendation of a reporting metric for tracking health outcomes of program participants.
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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.
(3) The report shall include the following information on the Michigan craft beverage council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303:
(a) Council activities and accomplishments for the previous fiscal year.
(b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education.
(c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year.
FAIRS
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Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine-related purposes without prior approval of the legislature.
Sec. 802. From the funds appropriated in part 1 from agriculture equine industry development funds, available revenue shall be allocated in the following priority order:
(a) To support all administrative, contractual, and regulatory costs incurred by the department and the Michigan gaming control board.
(b) Up to $495,000.00 shall be allocated to the purses and supplements – fairs/licensed tracks line item.
(c) Any remaining funds collected through September 30, 2021, after the obligations in subdivisions (a) and (b) have been met, shall be prorated equally among the supplements, breeders' awards, and sire stakes awards to eligible race meeting licensees in accordance with section 20 of the horse racing law of 1995, 1995 PA 279, MCL 431.320.
Sec.
805. (1) The department shall establish and administer a county fairs, shows,
and expositions grant program. The program shall have the following objectives:
(a)
Assist in the promotion of building improvements or other capital improvements
at county fairgrounds of this state.
(b)
Provide financial support, promotion, prizes, and premiums of equine,
livestock, and other agricultural commodity expositions in this state.
(2)
The department shall award grants on a competitive
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basis to county fairs or other organizations from the funds appropriated
in part 1 for county fairs, shows, and expositions grants. Grantees will be
required to provide a 50% cash match with grant awards and identify measurable
project outcomes. A county fair organization that received a county fair
capital improvement grant in the prior fiscal year shall not receive a grant
from the appropriation in part 1.
(3)
From the amount appropriated in part 1 for county fairs, shows, and
expositions, up to $25,000.00 shall be expended for the purpose of financial
support, promotion, prizes, and premiums of equine, livestock, and other
agricultural commodity expositions in this state, and festivals.
(4) All fairs receiving grants under this section shall provide a report to the department on the financial impact resulting from the capital improvement project on both fair and nonfair events. These reports are due for 3 years immediately following the completion of the capital improvement project.
(5) The department shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards.
(6) The department may expend money from the funds appropriated in part 1 for the county fairs, shows, and expositions 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
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management and budget act, 1984 PA 431, MCL 18.1451a. The following apply to the project:
(a) The purpose of the project is to support building improvements or other capital improvements at county fairgrounds of this state.
(b) All grants will be distributed in accordance with this section and the grant guidelines published prior to the request for proposals.
(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, 2023.
(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2021 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 BASIS ONLY APPROPRIATIONS
Sec. 901. The unexpended funds appropriated in part 1 for the conservation reserve enhancement program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to promote the adoption of best practices on agricultural lands in order to
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address algal blooms in the western Lake Erie basin, as well as reducing nonpoint source pollution in the Saginaw Bay, River Raisin, and Lake Macatawa watersheds.
(b) The project will be accomplished by the federal government, conservation districts in the state, and Michigan farmers.
(c) The estimated cost of this project is $4,400,000.00.
(d) The tentative completion date for this work project is September 30, 2025.
ARTICLE 2
DEPARTMENT OF CORRECTIONS
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of corrections for the fiscal year ending September 30, 2021, from the following funds:
DEPARTMENT OF CORRECTIONS |
|
|
|
APPROPRIATION SUMMARY |
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Full-time equated unclassified positions |
16.0 |
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Full-time equated classified positions |
13,686.8 |
|
|
GROSS APPROPRIATION |
|
$ |
2,060,788,400 |
Interdepartmental grant revenues: |
|
|
|
Total interdepartmental grants and intradepartmental transfers |
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|
0 |
ADJUSTED GROSS APPROPRIATION |
|
$ |
2,060,788,400 |
Federal revenues: |
|
|
|
Total federal revenues |
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|
196,370,900 |
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28
Special revenue funds: |
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|
|
Total local revenues |
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|
9,680,600 |
Total private revenues |
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|
0 |
Total other state restricted revenues |
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|
45,478,500 |
State general fund/general purpose |
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$ |
1,809,258,400 |
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT |
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|
Full-time equated unclassified positions |
16.0 |
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Full-time equated classified positions |
329.0 |
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Unclassified salaries--FTEs |
16.0 |
$ |
1,971,300 |
Administrative hearings officers |
|
|
3,200,300 |
Budget and operations administration--FTEs |
241.0 |
|
34,669,500 |
Compensatory buyout and union leave bank |
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|
100 |
County jail reimbursement program |
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14,814,600 |
Employee wellness programming--FTEs |
6.0 |
|
1,190,600 |
Equipment and special maintenance |
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1,559,700 |
Executive direction--FTEs |
21.0 |
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4,575,800 |
Judicial data warehouse user fees |
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50,600 |
New custody staff training |
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13,850,100 |
Prison industries operations--FTEs |
61.0 |
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10,137,300 |
Property management |
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2,455,100 |
Prosecutorial and detainer expenses |
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4,801,000 |
Sheriffs' coordinating and training office |
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100,000 |
Worker's compensation |
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9,714,400 |
GROSS APPROPRIATION |
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$ |
103,090,400 |
Appropriated from: |
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|
Federal revenues: |
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|
DOJ, prison rape elimination act grant |
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674,700 |
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Special revenue funds: |
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Correctional industries revolving fund |
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10,137,300 |
Correctional industries revolving fund 110 |
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|
721,600 |
Jail reimbursement program fund |
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5,900,000 |
Local corrections officer training fund |
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|
100,000 |
Program and special equipment fund |
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100 |
State general fund/general purpose |
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$ |
85,556,700 |
Sec. 103. OFFENDER SUCCESS ADMINISTRATION |
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Full-time equated classified positions |
340.4 |
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Community corrections comprehensive plans and services |
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$ |
13,198,100 |
Education/skilled trades/career readiness programs--FTEs |
263.4 |
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38,687,000 |
Enhanced food technology program--FTEs |
12.0 |
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1,750,000 |
Goodwill flip the script |
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1,250,000 |
Offender success community partners |
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14,500,000 |
Offender success federal grants |
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751,000 |
Offender success programming |
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16,772,800 |
Offender success services--FTEs |
65.0 |
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17,880,600 |
Public safety initiative |
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4,000,000 |
Residential probation diversions |
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16,575,500 |
GROSS APPROPRIATION |
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$ |
125,365,000 |
Appropriated from: |
|
|
|
Federal revenues: |
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|
|
Coronavirus relief fund |
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|
302,500 |
DOJ, prisoner reintegration |
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751,000 |
Federal education funding |
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1,579,900 |
Special revenue funds: |
|
|
|
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9
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12
13
14
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Program and special equipment fund |
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|
14,326,000 |
State general fund/general purpose |
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$ |
108,405,600 |
Sec. 104. FIELD OPERATIONS ADMINISTRATION |
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|
Full-time equated classified positions |
1,874.5 |
|
|
Criminal justice reinvestment |
|
$ |
3,748,400 |
Field operations--FTEs |
1,843.5 |
|
222,516,700 |
Parole board operations--FTEs |
31.0 |
|
3,887,900 |
Parole/probation services |
|
|
940,000 |
Residential alternative to prison program |
|
|
1,500,000 |
GROSS APPROPRIATION |
|
$ |
232,593,000 |
Appropriated from: |
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|
|
Federal revenues: |
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|
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Coronavirus relief fund |
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|
62,400 |
Special revenue funds: |
|
|
|
Local - community tether program reimbursement |
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|
275,000 |
Reentry center offender reimbursements |
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10,000 |
Supervision fees |
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6,630,500 |
Supervision fees set-aside |
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|
940,000 |
State general fund/general purpose |
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$ |
224,675,100 |
Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION |
|
|
|
Full-time equated classified positions |
670.0 |
|
|
Central records--FTEs |
43.0 |
$ |
4,821,000 |
Correctional facilities administration--FTEs |
37.0 |
|
6,624,300 |
Housing inmates in federal institutions |
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|
511,000 |
Inmate housing fund |
|
|
100 |
Inmate legal services |
|
|
290,900 |
Leased beds and alternatives to leased beds |
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|
100 |
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8
9
10
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12
13
14
15
16
17
18
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22
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Prison food service--FTEs |
346.0 |
|
72,211,100 |
Prison store operations--FTEs |
33.0 |
|
3,411,300 |
Public works program |
|
|
1,000,000 |
Transportation--FTEs |
211.0 |
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30,993,600 |
GROSS APPROPRIATION |
|
$ |
119,863,400 |
Appropriated from: |
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|
|
Federal revenues: |
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Coronavirus relief fund |
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|
5,130,200 |
DOJ-BOP, federal prisoner reimbursement |
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|
411,000 |
SSA-SSI, incentive payment |
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|
272,000 |
Special revenue funds: |
|
|
|
Correctional industries revolving fund 110 |
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|
592,800 |
Public works user fees |
|
|
1,000,000 |
Resident stores |
|
|
3,411,300 |
State general fund/general purpose |
|
$ |
109,046,100 |
Sec. 106. HEALTH CARE |
|
|
|
Full-time equated classified positions |
1,469.3 |
|
|
Clinical complexes--FTEs |
1,033.3 |
$ |
149,096,900 |
Health care administration--FTEs |
17.0 |
|
3,477,600 |
Healthy Michigan plan administration--FTEs |
12.0 |
|
998,900 |
Hepatitis C treatment |
|
|
8,810,700 |
Interdepartmental grant to health and human services, eligibility specialists |
|
|
120,200 |
Mental health and substance abuse treatment services--FTEs |
407.0 |
|
52,410,700 |
Prisoner health care services |
|
|
94,793,600 |
Vaccination program |
|
|
691,200 |
GROSS APPROPRIATION |
|
$ |
310,399,800 |
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Appropriated from: |
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Federal revenues: |
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Coronavirus relief fund |
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|
28,396,500 |
DOJ, Office of Justice Programs, RSAT |
|
|
250,200 |
Federal revenues and reimbursements |
|
|
397,300 |
Special revenue funds: |
|
|
|
Prisoner health care copayments |
|
|
257,200 |
State general fund/general purpose |
|
$ |
281,098,600 |
Sec. 107. CORRECTIONAL FACILITIES |
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|
|
Full-time equated classified positions |
9,003.6 |
|
|
Alger Correctional Facility - Munising--FTEs |
259.0 |
$ |
32,147,800 |
Baraga Correctional Facility - Baraga--FTEs |
295.8 |
|
38,293,600 |
Bellamy Creek Correctional Facility - Ionia--FTEs |
392.2 |
|
47,064,600 |
Carson City Correctional Facility - Carson City--FTEs |
421.4 |
|
51,524,800 |
Central Michigan Correctional Facility - St. Louis--FTEs |
386.6 |
|
48,832,400 |
Charles E. Egeler Correctional Facility - Jackson--FTEs |
386.6 |
|
48,325,300 |
Chippewa Correctional Facility - Kincheloe--FTEs |
443.6 |
|
54,332,400 |
Cooper Street Correctional Facility - Jackson--FTEs |
254.6 |
|
31,163,600 |
Detroit Detention Center--FTEs |
69.1 |
|
9,405,600 |
Detroit Reentry Center--FTEs |
237.9 |
|
8,714,700 |
Earnest C. Brooks Correctional Facility - Muskegon--FTEs |
248.2 |
|
32,092,300 |
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G. Robert Cotton Correctional Facility - Jackson--FTEs |
395.0 |
|
47,914,500 |
Gus Harrison Correctional Facility - Adrian--FTEs |
443.6 |
|
53,099,400 |
Ionia Correctional Facility - Ionia--FTEs |
288.3 |
|
36,446,100 |
Kinross Correctional Facility - Kincheloe--FTEs |
258.6 |
|
34,651,600 |
Lakeland Correctional Facility - Coldwater--FTEs |
275.4 |
|
34,983,600 |
Macomb Correctional Facility - New Haven--FTEs |
292.8 |
|
36,921,000 |
Marquette Branch Prison - Marquette--FTEs |
319.7 |
|
40,083,300 |
Michigan Reformatory - Ionia--FTEs |
319.8 |
|
37,738,600 |
Muskegon Correctional Facility - Muskegon--FTEs |
207.0 |
|
27,793,300 |
Newberry Correctional Facility - Newberry--FTEs |
198.1 |
|
25,754,600 |
Oaks Correctional Facility - Eastlake--FTEs |
289.4 |
|
36,985,500 |
Parnall Correctional Facility - Jackson--FTEs |
266.1 |
|
31,046,400 |
Richard A. Handlon Correctional Facility - Ionia--FTEs |
255.7 |
|
32,734,500 |
Saginaw Correctional Facility - Freeland--FTEs |
276.9 |
|
35,349,600 |
Special Alternative Incarceration Program - Cassidy Lake--FTEs |
38.0 |
|
6,452,400 |
St. Louis Correctional Facility - St. Louis--FTEs |
306.6 |
|
40,087,200 |
Thumb Correctional Facility - Lapeer--FTEs |
283.6 |
|
35,716,400 |
Womens Huron Valley Correctional Complex - Ypsilanti--FTEs |
505.1 |
|
63,278,200 |
Woodland Correctional Facility - Whitmore Lake--FTEs |
277.9 |
|
37,696,900 |
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Northern region administration and support--FTEs |
43.0 |
|
4,501,700 |
Southern region administration and support--FTEs |
68.0 |
|
22,160,700 |
GROSS APPROPRIATION |
|
$ |
1,123,292,600 |
Appropriated from: |
|
|
|
Federal revenues: |
|
|
|
Coronavirus relief fund |
|
|
157,108,400 |
DOJ, state criminal assistance program |
|
|
1,034,800 |
Special revenue funds: |
|
|
|
Local revenues |
|
|
9,405,600 |
State restricted fees, revenues, and reimbursements |
|
|
102,100 |
State general fund/general purpose |
|
$ |
955,641,700 |
Sec. 108. INFORMATION TECHNOLOGY |
|
|
|
Information technology services and projects |
|
$ |
31,184,200 |
GROSS APPROPRIATION |
|
$ |
31,184,200 |
Appropriated from: |
|
|
|
Special revenue funds: |
|
|
|
Correctional industries revolving fund 110 |
|
|
182,000 |
Program and special equipment fund |
|
|
452,800 |
Supervision fees set-aside |
|
|
714,800 |
State general fund/general purpose |
|
$ |
29,834,600 |
Sec. 109. ONE-TIME APPROPRIATIONS |
|
|
|
John Does v MDOC settlement agreement |
|
$ |
15,000,000 |
GROSS APPROPRIATION |
|
$ |
15,000,000 |
Appropriated from: |
|
|
|
State general fund/general purpose |
|
$ |
15,000,000 |
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part 2
provisions concerning appropriations
for fiscal year 2020-2021
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 2020-2021 is $1,932,586,900.00 and state spending from state sources to be paid to local units of government for fiscal year 2020-2021 is $123,330,800.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
|
|
|
|
County jail reimbursement program |
|
$ |
14,814,600 |
Community corrections comprehensive plans and services |
|
|
13,198,100 |
Field Operations |
|
|
68,441,500 |
Leased beds and alternatives to leased beds |
|
|
100 |
Public safety initiative |
|
|
4,000,000 |
Prosecutorial and detainer expenses |
|
|
4,801,000 |
Residential alternative to prison program |
|
|
1,500,000 |
Residential probation diversions |
|
|
16,575,500 |
TOTAL |
|
$ |
123,330,800 |
Sec. 202. The appropriations authorized under
this part and part 1 are subject to the management and budget act, 1984 PA 431,
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
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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 2020-2021:
(i) New custody staff training.
(ii) Education/skilled trades/career readiness programs.
(iii) Offender success programming.
(iv) Central records.
(v) Correctional facilities administration.
(vi) Inmate legal services.
(vii) Prison food service.
(viii) Prison store operations.
(ix) Transportation.
(x) Clinical complexes.
(xi) Hepatitis C treatment.
(xii) Mental health and substance abuse treatment services.
(xiii) Prisoner health care services.
(xiv) Vaccination program.
(xv) Correctional facilities.
(xvi) Northern and southern region administration and support.
(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
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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) "
(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,
(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.
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(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
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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 section 1 of 2017 PA 5, MCL 798.31.
(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 258,
(x) "Serious mental illness" means
that term as defined in section 100d(3) of the mental health code, 1974 PA 258,
(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 shall include transmission of reports via electronic mail to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.
Sec. 205. Funds appropriated in part 1 shall not be used
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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 of the department in the state classified civil service, or a prisoner, for communicating with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department is exercising its authority as provided by law.
Sec. 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
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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. In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,500,000.00 for federal contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431,
Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain
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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, 2021 are estimated at $325,994,500.00.
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From this amount, total department appropriations for pension-related legacy costs are estimated at $156,416,200.00. Total department appropriations for retiree health care legacy costs are estimated at $169,578,300.00.
Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 216. (1) On a quarterly basis, the
department shall report on the number of full-time equated positions in pay
status by civil service classification, including the number of full-time
equated positions in pay status by civil service classification for each
correctional facility, to the senate and house appropriations committees, the
senate and house appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the state budget
office. This report must include the following:
(a) A comparison by line item of the number of
full-time equated positions authorized from funds appropriated in part 1 to the
actual number of full-time equated positions employed by the department at the
end of the reporting period.
(b) A detailed accounting of all vacant
positions that
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exist within the department.
(c) A detailed accounting of all correction
officer positions at each correctional facility, including positions that are
filled and vacant positions, by facility.
(d) A detailed accounting of all vacant
positions that are health care-related.
(e) A detailed accounting of vacant positions
that are being held open for temporarily nonactive employees.
(2) By April 1 of the current fiscal year and
semiannually thereafter, the department shall report to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office, the following information:
(a) Number of employees that were engaged in
remote work in 2020.
(b) Number of employees authorized to work
remotely and the actual number of those working remotely in the current
reporting period.
(c) Estimated net cost savings achieved by
remote work.
(d) Reduced use of office space associated
with remote work.
(3) As used in this section, "vacant
position" means any position that has not been filled at any time during
the past 12 calendar months.
Sec. 217. Any coronavirus relief funds appropriated in part 1 for which expenditures have not been incurred as of December 30, 2020 are unappropriated and immediately
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reappropriated for deposit into the unemployment compensation fund established under section 26 of the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.26, to support costs incurred from March 1, 2020 through December 30, 2020 due to the COVID-19 public health emergency.
Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this article for the particular department, board, commission, officer, or institution.
Sec. 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
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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 from which the products or services were purchased.
(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 from which the products or services will be 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. 221. The department shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may
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electronically retain copies of reports unless otherwise required by federal and state guidelines.
Sec. 222. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate and house subcommittees on corrections, the joint committee on administrative rules, and the senate and house fiscal agencies.
Sec. 225. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.
Sec. 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. The department shall provide the state court administrative office data sufficient to administer the swift and sure sanctions program.
Sec.
248. At the May 2021 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 2021-2022, and a
projected number of available beds based on the population projection.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
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Sec. 301. For 3 years after a felony offender is released from the department's jurisdiction, the department shall maintain the offender's file on the offender tracking information system and make it publicly accessible in the same manner as the file of the current offender. However, the department shall immediately remove the offender's file from the offender tracking information system upon determination that the offender was wrongfully convicted and the offender's file is not otherwise required to be maintained on the offender tracking information system.
Sec. 302. (1) From the funds appropriated in part 1, the department shall submit a report by March 1 on the department's staff retention strategies to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report must include, but not be limited to, the following:
(a) The department's strategies on how to improve employee engagement, how to improve employee wellness, and how to offer additional training and professional development for employees, including metrics the department is using to measure success of employee wellness programming.
(b) Mechanisms by which the department receives employee feedback in areas under subdivision (a) and how the department considers suggestions made by employees.
(c) Steps the department has taken, and future plans and goals the department has for retention and improving employee wellness.
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(2) The department shall establish a staff recruitment and retention advisory board that is similar to the wellness program advisory board. At a minimum, the staff recruitment and retention advisory board shall consist of representatives from the department's human resources section, the department's legal department, department-affiliated unions selected by the union, and the department's nonexclusively represented employees. The board shall meet quarterly and serve to assist the department with shaping and enhancing effectiveness of staff recruiting and retention strategies. The department shall submit a status report by April 1 on the creation of the board and the board's initial plans to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
Sec. 303. From the funds appropriated in part 1, the department shall submit a report by March 1 on the number of employee departures to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report must include the number of corrections officers that departed from employment at a state correctional facility in the immediately preceding fiscal year and the number of years they worked for the department. The report shall include a chart that shows the normal distribution of employee departures in these positions based on years of service. Years of service shall be grouped into
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the following ranges: 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 15 years, 15 to 20 years, and 20 and more years. The department shall review all reasons for employee departures and summarize in the report the primary reasons for departure for each of the ranges of years of service based on the available responses. The report shall include a section that shows the distinction between recruits who are in-training at the academy that depart employment, recruits who are in-training at a facility that depart employment, and employees who have been on the job that depart employment.
Sec. 304. 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 senate and house fiscal agencies, the legislative corrections ombudsman, 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'
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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,
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
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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. For facilities closed prior to November 1,
2018, the report shall include a list of costs associated with maintenance and
upkeep of closed facilities, by facility, and estimated costs of demolition of
closed facilities.
Sec.
310. By March 1, the department shall provide a strategic plan update 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 progress being made in achieving the strategic
plan of the department. The report shall contain updates on relevant strategic
plan objectives, as well as key stats and information about the department's
efforts to decrease the overall recidivism rate and promote offender success by
ensuring readiness to reenter society.
Sec.
311. By December 1, the department shall provide a
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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, a description of job duties and
typical inmate schedules, the products that are produced, and how the program
provides marketable skills that lead to employable outcomes after release from
a department facility.
Sec. 312. (1) Funds appropriated in part 1 for employee wellness programming shall be used for post-traumatic stress outreach, treating mental health issues, and providing mental health programming for all department staff, including former employees.
(2) From the funds appropriated in part 1 for employee wellness programming, $50,000.00 shall be used to conduct a comprehensive follow-up study to the initial study that was conducted in fiscal year 2019, of the prevalence of post-traumatic stress and other psychological issues among department staff that are exacerbated by the corrections environment and exposure to highly stressful situations.
(3) By September 30, the department shall submit a report on the results of the study and on programs the department has established, the level of employee involvement, and expenditures made by the department for employee wellness programming. The department shall submit the report to the senate and house appropriations subcommittees on corrections, the senate and house committees
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on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
Sec. 313. (1) From the funds appropriated in part 1, the department shall submit quarterly reports on new employee schools to the senate and house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The reports must include the following information for the immediately preceding fiscal quarter, and as much of the information as possible for the current and next fiscal year.
(a) The number of new employee schools that took place and the location of each.
(b) The number of recruits that started in each employee school.
(c) The number of recruits that graduated from each employee school and continued employment with the department.
(2) The report must outline the department's strategy to achieve a 5% or lower target corrections officer vacancy rate.
Sec. 314. From the funds appropriated in part 1, the department shall submit a monthly report on the number of overtime hours worked by all custody staff, by facility. The report shall include for each facility, the number of mandatory overtime hours worked, the number of voluntary overtime hours worked, the reasons for overtime hours worked, and the average number of overtime hours worked by active employees. The report shall be submitted to the senate and
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house appropriations subcommittees on corrections, the senate and house committees on oversight, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
Sec. 315. From the funds appropriated in part 1, the department shall conduct a survey of all corrections officers, at every correctional facility, on whether the officers want to have 12-hour shifts implemented. The department shall submit a report by March 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on the results of the survey. The report shall include, but not be limited to, the number of officers surveyed by facility and the number of yes and no votes.
Sec. 316. From the funds appropriated in part 1 for new custody staff training, the department shall target training at hiring a minimum of 700 corrections officers to address higher than normal attrition of correction officers and to decrease overtime costs.
Sec. 317. (1) From the funds appropriated in part 1, the department shall submit a status report by November 1 on the new corrections officer training academy 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, a listing of all of the structures, amenities of those structures, and expenditure data associated with the structures and amenities.
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(3) The department shall name the training academy site. As part of this naming process, the department shall solicit site name ideas from department staff.
Sec. 318. From the funds appropriated in part 1, the department shall submit a report about programs that offer professional development and training opportunities for all levels of custody supervisors and first line managers. The report shall include an overview of existing departmental programs, as well as a review of programs available in other organizations and states that serve similar purposes that may be adopted in part or in full to enhance departmental training. The department shall provide the required report by April 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
OFFENDER SUCCESS ADMINISTRATION
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
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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 explanations of the methodology and assumptions used in developing the projection updates.
Sec. 402. By March 1, the department shall provide a report on offender success expenditures and allocations to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, 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 offender success services. Offender success services include, but are not limited to, counseling, providing information on housing and job placement, and money management assistance.
Sec. 404. From the funds appropriated in part 1 for offender success services, the department, when reasonably
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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 senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office on expenditures for substance abuse testing and treatment services, substance abuse testing and treatment program objectives, outcome measures, and results, including program impact on offender success and programmatic success.
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 department of labor and economic opportunity and local entities to design services and shall use appropriations provided in part 1 for offender success 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
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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 senate and house fiscal agencies, the legislative corrections ombudsman, 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,
(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
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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 $55.50.
(4) Pursuant to an approved comprehensive plan, allowable uses of community corrections comprehensive plans and services funds shall include reimbursing counties for transportation, treatment costs, and housing drunk drivers during a period of assessment for treatment and case planning. Reimbursements for housing during the assessment
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process shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per offender.
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,
Sec. 412. (1) The department shall submit to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections
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ombudsman, 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 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) From the funds appropriated in part 1 for public safety initiative, the law enforcement agency of the county receiving the funding under part 1 shall report a
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detailed listing of expenditures made for the prior three fiscal years. The report must be submitted by February 1 to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office and must include the purpose for which the expenditures were made, the amounts of expenditures by purpose, specific services that were provided, and number of individuals served.
(2) If requested by the senate and house of representatives appropriations subcommittees on corrections, the law enforcement agency of the county receiving the funding under part 1 shall appear before the subcommittees to discuss the expenditure report required under subsection (1). The subcommittees will work with the law enforcement agency to determine when the meeting will occur.
Sec. 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
(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
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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,
(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 section shall be $65.00 per diem per diverted offender for offenders with a presumptive prison guideline score, $55.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 1 crime, and $40.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-year total.
(4) As used in this section:
(a) "Group 1 crime" means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death, other sex offenses, robbery, and weapon possession as determined by the department based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement
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program document titled "FY 2007 and FY 2008 Group One Crimes Reimbursed", dated March 31, 2009.
(b) "Group 2 crime" means a crime that is not a group 1 crime, including larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance offense, felony drunk driving, and other nonassaultive offenses.
(c) "In the custody of the sheriff" means that the convicted felon has been sentenced to the county jail and is either housed in a county jail, is in custody but is being housed at a hospital or medical facility for a medical or mental health purpose, or has been released from jail and is being monitored through the use of the sheriff's electronic monitoring system.
(5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets 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.
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(7) Any county that enacts or enforces any law, ordinance, policy, or rule that limits or prohibits a peace officer or local official, officer, or employee from communicating or cooperating with appropriate federal officials concerning the immigration status of an individual in this state is not eligible to receive reimbursement from funds appropriated in part 1 to house in jails certain felons who otherwise would have been sentenced to prison.
(8) Not later than February 1, the department shall report to the senate and house appropriations subcommittees on corrections all of the following information:
(a) The number of inmates sentenced to the custody of the sheriff and eligible for the county jail reimbursement program.
(b) The total amount paid to counties under the county jail reimbursement program.
(c) The total number of days inmates were in the custody of the sheriff and eligible for the county jail reimbursement program.
(d) The number of inmates sentenced to the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(e) The total amount paid to counties under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(f) The total number of days inmates were in the custody of the sheriff under each of the 3 categories: presumptive prison, group 1 crime, and group 2 crime in subsection (3).
(g) The estimated cost of housing inmates sentenced to
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the custody of the sheriff and eligible for the county jail reimbursement program as inmates of a state prison.
Sec. 417. (1) 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 both of the
following programs from the previous fiscal year:
(a)
The drunk driver jail reduction and community treatment program.
(b) 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
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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 senate and house fiscal agencies, the legislative corrections ombudsman, 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 senate and house fiscal agencies, the legislative corrections ombudsman, 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, the number of beds in currently closed
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housing units by facility, and end-of-month data, year-to-date data, and comparisons to the prior year for the following:
(a) Community residential program populations, separated by centers and electronic monitoring.
(b) Parole populations.
(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. 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
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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. 423. From the funds appropriated in part 1 for offender success administration, the department shall collaborate with the Michigan Restaurant Association for job placement for individuals on probation and parole.
Sec. 425. (1) From the funds appropriated in part 1 for offender success programming, $1,000,000.00 shall be used by the department to establish medication-assisted treatment offender success pilot programs to provide prerelease treatment and postrelease referral for opioid-addicted and alcohol-addicted offenders who voluntarily participate in the medication-assisted treatment offender success pilot programs. The department shall collaborate with residential and nonresidential substance abuse treatment providers and
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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 offender success 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
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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 that serves a population of individuals aged 16 to 39. The program
shall target those who are entering the criminal justice system for the first
or second time and shall assist those individuals through the following program
types:
(a)
Alternative sentencing programs in partnership with a local district or circuit
court.
(b)
Educational recovery for special adult populations with high rates of
illiteracy.
(c)
Career development and continuing education for women.
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(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. 602. It is the intent of the legislature that the department not extend any contracts for electronic monitoring devices. When the current contract ends, a complete review of all providers and technology must be conducted to determine the efficacy.
Sec. 603. (1) 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,
(2) For a fee determined by the department, the department shall provide counties with the curfew monitor
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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.
(3) 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 has received a United States Department of Labor training to work 2-adult reentry grant to provide county jail inmates with programming and services to prepare them to get and keep jobs. Examples of eligible programs and services 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
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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. 605. From the funds appropriated in part 1 for criminal justice reinvestment, the department shall allocate $250,000.00 to conduct a request for proposal for a vendor to provide evidence-based mentoring, employment soft skills training, and job placement assistance. The selected vendor must demonstrate the ability to train individuals in mediation and conflict resolution. The selected vendor must provide evidence-based practices and community collaboration for offenders that are released from prison. The department shall issue a request for proposal no later than February 1 to acquire these services, with an awarded contract start date no later than May 1.
Sec. 611. The department shall prepare by March 1 individual reports for the residential 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 senate and house fiscal agencies, the legislative corrections ombudsman, 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. Residential reentry program participants shall be categorized by reason for placement. For technical rule violators, the
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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
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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 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
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participated in substance abuse treatment programs, mental health treatment programs, or both, while in prison, itemized by diagnosis.
Sec. 613. When the department is determining where to place a parolee with chronic technical violations, the department shall give priority to placing a parolee in an intensive detention program that offers specific programming to address the behavioral needs of the parolee, and that works on a plan with the parolee to ensure that once the parolee is released he or she can remain in the community and successfully complete his or her parole.
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
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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
Sec. 802. (1) As a condition of expenditure of the funds appropriated in part 1, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with quarterly reports on physical and mental health care, pharmaceutical services, and durable medical equipment, for prisoners. Reports shall detail quarterly and fiscal year-to-date expenditures itemized by vendor, allocations, status of payments from contractors to vendors, and projected year-end
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expenditures from accounts. Reports shall include a breakdown of all payments to the integrated care provider and to other providers itemized by physical health care, mental health care, pharmaceutical, and durable medical equipment expenditures.
(2) By April 1, the department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with a report on pharmaceutical prescribing practices, including a detailed accounting of expenditures on antipsychotic medications, and any changes that have been made to the prescription drug formularies.
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,
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the senate and house fiscal agencies, the legislative corrections ombudsman, 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
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newly committed prisoners who are eligible for Medicaid benefits in order to maintain the process by which Medicaid benefits are suspended rather than terminated. The department shall assist prisoners who may be eligible for Medicaid benefits after release from prison with the Medicaid enrollment process prior to release from prison.
(2) The department shall provide the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office with quarterly updates on the utilization of Medicaid benefits for prisoners.
CORRECTIONAL FACILITIES ADMINISTRATION
Sec. 901. From the funds appropriated in part 1 for the enhanced food technology program, the department shall expand the existing food technology education program to at least 700 inmates annually. A participant in the food technology program shall complete 408 hours of on-the-job training in a prison kitchen as a part of the program.
Sec. 902. (1) From the funds appropriated in part 1, the department shall notify the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office of the department's plans to eliminate programming for prisoners. Notice shall be provided at least 1 month prior to program elimination.
(2) As used in this section, "programming for prisoners" means a department core program or career and technical education program funded in part 1.
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Sec.
903. From the funds appropriated in part 1 for prison food service, the
department shall report biannually
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 following:
(a)
Average per-meal cost for prisoner food service. Per-meal cost shall include
all costs directly related to the provision of food for the prisoner
population, and shall include, but not be limited to, actual food costs, total
compensation for all food service workers, including benefits and legacy costs,
and inspection and compliance costs for food service.
(b) Food service-related contracts, including
goods or services to be provided and the vendor.
(c) Major sanitation violations.
Sec. 904. The department shall calculate the cost per prisoner/per day for each security custody level. This calculation shall include all actual direct and indirect costs for the previous fiscal year, 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 cost per prisoner/per day, 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
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indirect costs included in them shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office not later than December 15.
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 senate and house fiscal agencies, the legislative corrections ombudsman, 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 not subsequently reenrolled, the number of prisoners enrolled who are repeating the program, and the number of prisoners on waiting lists for each program, all itemized by facility.
(c) The steps the department has undertaken to improve
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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 may establish a pilot online high school diploma and career certificate program to serve up to 400 inmates through a provider that offers career-based online high school diplomas designed to prepare adult inmates for transition into the workplace. If a bid is awarded, the department shall provide an initial report no later than June 1 on the progress of the inmates in the online high school diploma and career certificate program to the senate and house subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office.
Sec. 910. The department shall allow the Michigan Braille transcribing fund program to operate at designated
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locations. The donations by the Michigan Braille transcribing fund at the G. Robert Cotton Correctional Facility in Jackson and the Womens Huron Valley Correctional Facility in Ypsilanti are 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 quarterly 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 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
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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 senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office 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.
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Sec. 920. If a female prisoner consents to a visitor being present, the department shall allow that 1 person to be present during the prisoner's labor and delivery. The person allowed to accompany the prisoner must be an immediate family member, legal guardian, spouse, or domestic partner. The department is authorized to deny access to a visitor if the department has a safety concern with that visitor's access. The department is authorized to conduct a criminal background check on a visitor.
Sec. 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
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corrections ombudsman, and the state budget office on the annual number of prisoners in administrative segregation between October 1, 2019 and September 30, 2020, and the annual number of prisoners in administrative segregation between October 1, 2019 and September 30, 2020 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
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placement as a punitive response to behavior caused by their serious mental illness, serious emotional disturbance, or a serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners less than 18 years of age with serious emotional disturbance, serious mental illness, or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services. A prisoner less than 18 years of age with serious mental illness, serious emotional disturbance, or a serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours.
(c) Implement a specialized offender success program that recognizes the needs of prisoners less than 18 years old for supervised offender success.
Sec. 930. The department shall submit a quarterly 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 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.
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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 appropriations 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.
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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. From the funds appropriated in part 1, the department shall notify the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office of the department's plans to close, consolidate, or relocate any correctional facility in the state. Notice shall be provided at least 1 month prior to effective date of closure, consolidation, or relocation.
Sec. 946. It is the intent of the legislature that the department consult with the legislature and other appropriate state agencies to develop a framework to provide investment in communities that have formerly operational state correctional facilities that have been closed. This framework shall include plans to ensure that vacant state correctional facilities do not become a nuisance or danger to the community.
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. The packet shall provide information
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on topics including, but not limited to: how to put money into prisoner accounts, how to make phone calls or create Jpay electronic mail 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.
ARTICLE 3
DEPARTMENT OF EDUCATION
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part 1
line-item appropriations
Sec. 101. There is appropriated for the department of education for the fiscal year ending September 30, 2021, from the following funds:
DEPARTMENT OF EDUCATION |
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APPROPRIATION SUMMARY |
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Full-time equated unclassified positions |
6.0 |
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Full-time equated classified positions |
614.5 |
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GROSS APPROPRIATION |
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$ |
451,695,700 |
ADJUSTED GROSS APPROPRIATIONS |
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451,695,700 |
Federal revenues: |
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Total federal revenues |
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343,701,700 |
Special revenue funds: |
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Total local revenues |
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5,872,100 |
Total private revenues |
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2,239,300 |
Total other state restricted revenues |
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9,815,500 |
State general fund/general purpose |
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$ |
90,067,100 |
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT |
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Full-time equated unclassified positions |
6.0 |
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Full-time equated classified positions |
11.0 |
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Unclassified positions--FTE positions |
6.0 |
$ |
910,600 |
Education commission of the states |
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120,800 |
State board of education, per diem payments |
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24,400 |
State board/superintendent operations--FTEs |
11.0 |
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2,282,500 |
GROSS APPROPRIATION |
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$ |
3,338,300 |
Appropriated from: |
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Federal revenues: |
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Federal revenues |
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250,000 |
Special revenue funds: |
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Private foundations |
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28,100 |
Certification fees |
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809,200 |
State general fund/general purpose |
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$ |
2,251,000 |
Sec. 103. DEPARTMENTAL ADMINISTRATION AND SUPPORT |
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Full-time equated classified positions |
47.6 |
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Central support operations--FTEs |
38.6 |
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6,073,000 |
Federal and private grants |
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3,000,000 |
Grant and contract operations--FTEs |
9.0 |
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2,754,200 |
Property management |
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3,556,100 |
Terminal leave payments |
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353,300 |
Training and orientation workshops |
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150,000 |
Worker's compensation |
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65,700 |
GROSS APPROPRIATION |
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$ |
15,952,300 |
Appropriated from: |
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Federal revenues: |
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Federal indirect revenues |
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2,954,300 |
Federal revenues |
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6,180,700 |
Special revenue funds: |
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Private foundations |
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1,000,000 |
Certification fees |
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575,500 |
Teacher testing fees |
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4,400 |
Training and orientation workshop fees |
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150,000 |
State general fund/general purpose |
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$ |
5,087,400 |
Sec. 104. INFORMATION TECHNOLOGY |
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Information technology services and projects |
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4,968,300 |
GROSS APPROPRIATION |
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$ |
4,968,300 |
Appropriated from: |
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Federal revenues: |
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Federal indirect revenues |
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1,964,600 |
Federal revenues |
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640,200 |
Special revenue funds: |
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Certification fees |
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939,400 |
State general fund/general purpose |
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$ |
1,424,100 |
Sec. 105. SPECIAL EDUCATION SERVICES |
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Full-time equated classified positions |
47.0 |
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Special education operations--FTEs |
47.0 |
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10,813,100 |
GROSS APPROPRIATION |
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$ |
10,813,100 |
Appropriated from: |
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Federal revenues: |
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Federal revenues |
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8,723,500 |
Special revenue funds: |
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Private foundations |
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110,100 |
Certification fees |
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46,800 |
State general fund/general purpose |
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$ |
1,932,700 |
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND |