HOUSE BILL NO. 4437

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, the legislative branch, and capital outlay for the fiscal years ending September 30, 2023 and September 30, 2024; to provide for certain conditions on the appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

the people of the state of michigan enact:


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ARTICLE 1

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2024, from the following funds:


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DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

544.0

 

 

GROSS APPROPRIATION

 

$

168,612,700

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

327,000

ADJUSTED GROSS APPROPRIATION

 

$

168,285,700

Federal revenues:

 

 

 

Total federal revenues

 

 

29,762,700

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

21,300

Total other state restricted revenues

 

 

45,719,900

State general fund/general purpose

 

$

92,781,800

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

37.0

 

 

Unclassified salaries--FTEs

6.0

$

664,900

Accounting service center

 

 

1,156,800

Commissions and boards

 

 

23,800

Emergency management--FTEs

8.0

 

2,918,000

Emerging contaminants in food and agriculture--FTEs

6.0

 

2,080,100

Executive direction--FTEs

23.0

 

3,271,800

Property management

 

 

768,100


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GROSS APPROPRIATION

 

$

10,883,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Deferred federal revenue funding

 

 

15,000

HHS, multiple grants

 

 

432,300

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

46,200

Dairy and food safety fund

 

 

103,400

Feed control fund

 

 

8,100

Fertilizer control fund

 

 

10,200

Freshwater protection fund

 

 

63,200

Gasoline inspection and testing fund

 

 

25,600

Industry support funds

 

 

57,000

Michigan craft beverage council fund

 

 

8,800

Private forestland enhancement fund

 

 

16,300

Refined petroleum fund

 

 

20,500

Weights and measures regulation fees

 

 

5,000

State general fund/general purpose

 

$

10,071,900

Sec. 103. INFORMATION AND TECHNOLOGY

 

 

 

Information technology services and projects

 

$

2,333,800

GROSS APPROPRIATION

 

$

2,333,800

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

91,400

Dairy and food safety fund

 

 

74,800

Feed control fund

 

 

15,000

Fertilizer control fund

 

 

15,000

Freshwater protection fund

 

 

15,000


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Gasoline inspection and testing fund

 

 

32,400

State general fund/general purpose

 

$

2,090,200

Sec. 104. FOOD AND DAIRY

 

 

 

Full-time equated classified positions

139.0

 

 

Food safety and quality assurance--FTEs

103.0

$

18,472,000

Milk safety and quality assurance--FTEs

36.0

 

5,861,400

GROSS APPROPRIATION

 

$

24,333,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

2,781,700

USDA, multiple grants

 

 

137,100

Special revenue funds:

 

 

 

Consumer and industry food safety education fund

 

 

242,500

Dairy and food safety fund

 

 

5,476,800

Industry food safety education fund

 

 

114,100

Marihuana regulatory fund

 

 

349,800

Marihuana regulation fund

 

 

350,000

State general fund/general purpose

 

$

14,881,400

Sec. 105. ANIMAL INDUSTRY

 

 

 

Full-time equated classified positions

63.0

 

 

Animal disease prevention and response--FTEs

63.0

$

10,876,500

Indemnification - livestock depredation

 

 

15,000

Michigan animal agriculture alliance

 

 

3,000,000

GROSS APPROPRIATION

 

$

13,891,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

HHS, multiple grants

 

 

15,100


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USDA, multiple grants

 

 

1,069,200

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

72,500

Animal welfare fund

 

 

150,000

State general fund/general purpose

 

$

12,584,700

Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT

 

 

 

Full-time equated classified positions

106.0

 

 

Agricultural climate resiliency

 

$

1,000,000

Animal feed safety--FTEs

10.0

 

2,112,000

Pesticide and plant pest management--FTEs

91.0

 

15,567,400

Soil health/regenerative agriculture--FTEs

5.0

 

1,000,000

GROSS APPROPRIATION

 

$

19,679,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

EPA, multiple grants

 

 

578,700

HHS, multiple grants

 

 

396,700

USDA, multiple grants

 

 

721,100

Special revenue funds:

 

 

 

Private - slow-the-spread foundation

 

 

21,300

Agriculture licensing and inspection fees

 

 

4,567,200

Commodity inspection fees

 

 

686,300

Feed control fund

 

 

1,399,600

Fertilizer control fund

 

 

1,347,800

Freshwater protection fund

 

 

156,800

Horticulture fund

 

 

70,000

Industrial hemp fund

 

 

675,300

Industry support funds

 

 

228,100

State general fund/general purpose

 

$

8,830,500


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Sec. 107. ENVIRONMENTAL STEWARDSHIP

 

 

 

Full-time equated classified positions

66.5

 

 

Agricultural preservation easement grants

 

$

1,900,000

Environmental stewardship - MAEAP--FTEs

26.0

 

11,744,500

Farmland and open space preservation--FTEs

10.0

 

1,606,500

Intercounty drain--FTEs

6.0

 

859,900

Local conservation districts

 

 

2,000,000

Migrant labor housing--FTEs

9.0

 

1,351,000

Qualified forest program--FTEs

9.0

 

8,073,900

Right-to-farm--FTEs

6.5

 

1,021,700

 

 

 

 

GROSS APPROPRIATION

 

$

28,557,500

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from MDEGLE, biosolids

 

 

94,400

Federal revenues:

 

 

 

Department of Interior

 

 

96,300

EPA, multiple grants

 

 

564,000

USDA, multiple grants

 

 

6,722,300

Special revenue funds:

 

 

 

Agricultural preservation fund

 

 

3,506,500

Freshwater protection fund

 

 

8,328,900

Migratory labor housing fund

 

 

143,200

Private forestland enhancement fund

 

 

1,080,100

State general fund/general purpose

 

$

8,021,800

Sec. 108. LABORATORY PROGRAM

 

 

 

Full-time equated classified positions

108.5

 

 


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Central licensing and customer call center--FTEs

13.0

$

1,528,100

Consumer protection program--FTEs

42.0

 

7,049,300

Laboratory services--FTEs

42.5

 

8,770,600

USDA monitoring--FTEs

11.0

 

1,700,000

GROSS APPROPRIATION

 

$

19,048,000

Appropriated from:

 

 

 

Interdepartmental grant revenues:

 

 

 

IDG from LARA (LCC), liquor quality testing fees

 

 

232,600

Federal revenues:

 

 

 

EPA, multiple grants

 

 

180,600

HHS, multiple grants

 

 

1,568,700

USDA, multiple grants

 

 

1,701,200

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

352,300

Dairy and food safety fund

 

 

524,200

Feed control fund

 

 

193,200

Fertilizer control fund

 

 

24,900

Freshwater protection fund

 

 

47,900

Gasoline inspection and testing fund

 

 

1,920,700

Grain dealers fee fund

 

 

8,200

Industrial hemp fund

 

 

321,000

Migratory labor housing fund

 

 

29,900

Refined petroleum fund

 

 

3,447,200

Testing fees

 

 

355,900

Weights and measures regulation fees

 

 

748,000

State general fund/general purpose

 

$

7,391,500


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Sec. 109. AGRICULTURE DEVELOPMENT

 

 

 

Full-time equated classified positions

24.0

 

 

Agriculture development--FTEs

13.0

$

4,796,700

Fair food network - double up food bucks

 

 

2,000,000

Food and agriculture investment program

 

 

2,472,200

Food and agriculture supply chain--FTE

1.0

 

800,000

Michigan craft beverage council--FTEs

3.0

 

1,335,300

Office of rural development--FTE

1.0

 

678,500

Producer security/grain dealers--FTEs

5.0

 

904,300

Rural development fund grant program--FTE

1.0

 

2,004,400

GROSS APPROPRIATION

 

$

14,991,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

USDA, multiple grants

 

 

2,682,700

Special revenue funds:

 

 

 

Agriculture licensing and inspection fees

 

 

5,100

Grain dealers fee fund

 

 

860,500

Industry support funds

 

 

223,600

Michigan craft beverage council fund

 

 

1,305,300

Rural development fund

 

 

2,004,400

State general fund/general purpose

 

$

7,909,800

Sec. 110. FAIRS AND EXPOSITIONS

 

 

 

County fairs, shows, and expositions

 

$

500,000

Fairs and racing

 

 

258,600

Horse racing advisory commission

 

 

125,000

Purses and supplements - fairs/licensed tracks

 

 

1,353,600

Standardbred breeders' awards

 

 

345,900


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Standardbred purses and supplements - licensed tracks

 

 

991,100

Standardbred sire stakes

 

 

720,000

GROSS APPROPRIATION

 

$

4,294,200

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Agriculture equine industry development fund

 

 

3,794,200

State general fund/general purpose

 

$

500,000

Sec. 111. ONE-TIME APPROPRIATIONS

 

 

 

Agricultural climate resiliency

 

$

6,000,000

ARP - Resilient food systems infrastructure

 

 

10,100,000

County fairs, shows, and expositions

 

 

2,000,000

Emerging contaminants in food and agriculture

 

 

1,999,800

Food and agriculture supply chain investment

 

 

1,000,000

Laboratory animal welfare

 

 

500,000

Local conservation districts

 

 

1,000,000

Minority-owned food and agriculture ventures

 

 

2,900,000

Northern Michigan herd protection and management

 

 

100

Rural venture capital

 

 

100

Soil health/regenerative agriculture

 

 

5,000,000

Washtenaw conservation district - MIFarmLink pilot project

 

 

100,000

GROSS APPROPRIATION

 

$

30,600,000

Appropriated from:

 

 

 

USDA, multiple grants

 

 

10,100,000

Agriculture licensing and inspection fees

 

 

 

State general fund/general purpose

 

$

20,500,000

 


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part 2

provisions concerning appropriations

for fiscal year

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2023-2024 is $138,501,700.00 and state spending from state sources to be paid to local units of government for fiscal year 2023-24 is $11,900,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

 

 

 

Agriculture preservation easement grants

 

$

1,900,000

Environmental stewardship/MAEAP

 

 

4,100,000

Local conservation districts

 

 

3,000,000

Qualified forest program

 

 

1,400,000

Rural development fund grant program

 

 

1,400,000

Washtenaw conservation district MIFarmLink pilot project

 

 

100,000

TOTAL

 

$

11,900,000

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

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

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

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

(c) "Fiscal agencies" means the Michigan house fiscal agency and the Michigan senate fiscal agency.


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

(e) "IDG" means interdepartmental grant.

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

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

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

(i) "TB" means tuberculosis.

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

Sec. 204. (1) The department shall use the internet to fulfill the reporting requirements of this part. This requirement includes transmission of reports via email to the recipients identified for each reporting requirement and includes 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. Except as otherwise provided in this part, all reports required under this part shall be submitted to the senate and house appropriations subcommittees on agriculture and rural development, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

Sec. 206. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to funds appropriated in part 1:

(a) Funds appropriated in part 1 must not be used for the purchase of foreign goods or services, or both, if competitively


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priced and of comparable quality American goods or services, or both, are available.

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

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

Sec. 207. The department shall not take disciplinary action against an employee of the department 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. 208. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the departments 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 department shall submit the report to the house and senate appropriations committees and to report recipients required in section 205 of this part. The report shall include the following information:

(a) The dates of each travel occurrence.

(b) The transportation and related costs of each travel occurrence, including the proportion funded with state general


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fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

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

Sec. 210. Not later than December 15, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house standing committees on appropriations and the senate and house fiscal agencies.

Sec. 211. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

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


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

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

Sec. 212. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for 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. 213. 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


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fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2023 and September 30, 2024.

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

Sec. 216. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure geographically disadvantaged business enterprises compete for and perform contracts to provide services, supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified geographically disadvantaged business enterprises for services, supplies, or both.

Sec. 217. 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, the senate and house fiscal agencies and the state budget office 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.

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

Sec. 219. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent


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

Sec. 222. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the senate and house subcommittees on agriculture and rural development, the joint committee on administrative rules, and the senate and house fiscal agencies.

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

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

(b) By February 1, report on the total amount of severance pay remitted to former department employees during the fiscal year


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ending September 30, 2023 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2023.

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

Sec. 225. To the extent possible, the department shall not expend appropriations in part 1 until all existing work project authorization available for the same purposes is exhausted.

Sec. 226. (1) Money appropriated in part 1 shall not be used to restrict or impede a marginalized community's access to government resources, programs, or facilities.

(2) From the funds appropriated in part 1, local governments shall report any action or policy that attempts to restrict or interfere with the duties of the local health officer.

 

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


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agencies and public or private organizations.

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

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

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

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


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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. 303. (1) From the funds appropriated in part 1 for emerging contaminants in food and agriculture the department will support efforts to identify and respond to the impacts of emerging contaminants to the food and agriculture sector, help address and mitigate current issues caused by emerging contaminants, and work to prevent and minimize future impacts. The department shall coordinate these efforts with other state agencies, federal agencies, tribal governments, local governments, institutions of higher learning, and the food and agriculture sector. Emerging contaminants include but are not limited to pesticides, dioxins, and per- and polyfluoroalkyl substances.

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

(a) The purpose of the project support efforts to identify and respond to the impacts of emerging contaminants to the food and agriculture sector, help address and mitigate current issues caused by emerging contaminants, and work to prevent and minimize future impacts.


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

(c) The estimated cost of this project is $1,999,800.00.

(d) The tentative completion date for the work project is September 30, 2028.

 

FOOD and DAIRY

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

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

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

 

ANIMAL INDUSTRY

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


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

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

(a) The reason for the indemnification.

(b) The amount of the indemnification.

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

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

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

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

(2) For each fiscal quarter following the report required in subsection (1), the department shall provide an update to the subcommittees, the fiscal agencies, and the state budget office. The quarterly update reports shall identify significant impacts to the program, including new incidence of bovine TB in this state,


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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; and educational programs and information for this state's livestock community.

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

 

PESTICIDE AND PLANT PEST MANAGEMENT

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

Sec. 503. (1) From the funds appropriated in part 1 for agricultural climate resiliency, the department shall establish an agricultural climate resiliency program.

(2) The purpose of the agricultural climate resiliency program is to promote the usage and implementation of best regenerative agricultural farming practices and new technologies related to environmental sustainability, including measures to address the impacts of climate change. Program goals include enhancing soil and plant health, soil carbon sequestration, efficient use of water,


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and protection of water resources.

(3) The department shall promote the principles of soil health and regenerative agriculture, including maintaining soil cover, minimization of soil disturbance, plant and crop diversity, maintenance of live plants and roots, and integration of livestock into cropping systems.

(4) The department shall promote the goals and principles of soil health and regenerative agriculture, including increasing soil organic matter content, improving soil water infiltration capacity, increasing soil water holding capacity, improving soil biological capacity to break down plant residue and other substances and to maintain soil aggregation, improving soil nutrient sequestration and cycling capacity, reducing nutrient losses, and increasing carbon sequestration capacity of soil.

(5) Program funds may not be used for applied research into precision application of fertilizer, pesticides or herbicides.

(6) Of the funds appropriated in part 1 for agricultural climate resiliency, the following amounts must be used by the department to partner with a state land-grant university to develop, implement, and evaluate a soil health, regenerative agriculture, and climate resiliency program: not less than $1,000,000.00 in ongoing funding and not less than $5,000,000.00 in 1-time funding. The partnership must be focused on researching and assisting the agricultural industry in implementing climate resiliency, soil health, and regenerative agricultural principles and techniques. Partnership goals must include, but are not limited to, establishing program priorities, developing metrics, implementing goals, evaluating outcomes, and engaging with stakeholders.


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(7) In addition to the report required under section 501, by April 1, the department shall prepare a report to be posted on the department's website and provided to the relevant house and senate standing committees and appropriations subcommittees as well as to the fiscal agencies and state budget office. The report shall provide information on the agricultural climate resiliency program, including department activities, uses of program funds by activity or project, contractors, grantees, and a summary of projects and project results.

Sec. 504. (1) From the funds appropriated in part 1 for soil health/regenerative agriculture, the department shall establish a program with the purpose of advancing the adoption of soil health and regenerative agriculture principles in Michigan agriculture.

(2) The department may engage partners to achieve the purposes of the program, including agriculture extension offices, the national resources conservation service, conservation districts, and nongovernmental organizations to build farmer-to-farmer networks to disseminate practices and information to improve adoption of soil health and regenerative agriculture practices, and other needs that the department identifies to improve adoption of these principles. Program funds may not be used for applied research into precision application of fertilizer, pesticides, or herbicides.

(3) The department shall promote the principles of soil health and regenerative agriculture, which include maintaining soil cover, minimization of soil disturbance, plant/crop diversity, maintenance of continual live plant/root, and integration of livestock into cropping systems.

(4) The department shall promote the goals of the principles


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of soil health and regenerative agriculture, which include increasing soil organic matter content, improving soil water infiltration capacity, increasing soil water holding capacity, improving soil biological capacity to break down plant residue and other substances and to maintain soil aggregation, improving soil nutrient sequestration and cycling capacity, reducing nutrient losses, and increasing carbon sequestration capacity of soil.

(5) The department shall promote the practices of soil health and regenerative agriculture, which include the use of no-till farming, intercropping, cover crops, multispecies cover crops, roll cropping, managed rotational grazing, and other practices identified that utilize natural biological processes to advance the goals of soil health and regenerative agriculture.

(6) The program's objectives shall be accomplished by utilizing state employees or contracts with service providers, or both. Any program partners receiving funding shall indicate the conservation outcomes they are intending to achieve and how they will measure achievement of those outcomes and provide a report to the department on the uses of funding received and achievement of any outcomes.

(7) In addition to the report required under section 501, by April 1, the department shall prepare a report to be posted on the department's website and provided to the relevant house and senate standing committees and appropriations subcommittees as well as to the fiscal agencies and state budget office. The report shall provide information on the soil health and regenerative agriculture program, including department activities, uses of program funds by activity or project, contractors, grantees, and a summary of projects and project results.


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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.

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

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

Sec. 604. The department may receive and expend federal revenues up to a total of $1,000,000.00 in excess of the federal


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revenue appropriated in section 107 of part 1 for environmental stewardship and MAEAP activities. The department shall notify the subcommittees, the fiscal agencies, and the state budget office prior to expending federal revenues authorized under this section.

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

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

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

(2) On or before March 1, 2024, the department shall report on the previous calendar year's activities of local conservation districts. The report shall include descriptions of local conservation district activities and funding, including uses of appropriations made in part 1. In preparing this report, the department shall coordinate with representatives of local conservation districts. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department's website.

Sec. 610. From the funds appropriated in part 1, the department shall maintain coordination with the department of treasury to improve the timely processing and issuance of tax


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credits under section 36109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36109, for the Michigan's farmland and open space preservation program under parts 361 and 362 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101 to 324.3116 and 324.36201 to 324.36207. This includes, but is not limited to:

(a) Timely review of mailed applications and paperwork.

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

(c) A clear and understood timeline for the issuance of any tax credits.

 

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.

Sec. 652. No funds from the appropriations in part 1 may be used for the purpose of consolidating state-run laboratories.

 

AGRICULTURE DEVELOPMENT

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

(2) The food and agriculture investment program shall do all of the following:

(a) Expand the Michigan food and agriculture sector.

(b) Promote food security.


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(c) Develop local and regional food systems.

(d) Grow Michigan exports.

(e) Promote the development of value-added agricultural production.

(f) Support urban farms, food hubs, food incubators, and community-based processing facilities with a focus on new and expanding protein processors.

(g) Promote the expansion of farm markets, flower markets, and urban agriculture, including hoop houses.

(h) Increase food processing activities within this state by accelerating investment projects and infrastructure development that support growth in production agriculture and food and agriculture processing, expand opportunity to new agricultural producers and processors, promote agriculture tourism and agricultural heritage, and develop agricultural education and interpretation activities.

(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, food security, local and regional food systems, 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


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identify measurable project outcomes.

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

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

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

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

(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, 2026.

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

(a) Grants.

(b) Loans or loan guarantees.

(c) Infrastructure development.


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(d) Other economic assistance.

(e) Program administration.

(f) Export assistance.

(8) 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.

(9) In awarding grants under the food and agriculture investment program, the department shall identify and encourage applications from members of socially disadvantaged groups, women, veterans, and beginning farmers and ranchers. In awarding grants under the food and agriculture investment program, the department must also prioritize Michigan-based small businesses, nonprofits, and organizations promoting agriculture and food security activities.

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

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

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

(a) Notify recipients of food assistance program benefits that food assistance program benefits can be accessed at many farmer's


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markets in this state with bridge cards.

(b) Notify recipients of food assistance program benefits about the double up food bucks program that is administered by the fair food network. Food assistance program recipients shall receive information about the double up food bucks program.

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

(4) On or before June 1, 2024 , the department shall submit a report on activities and outcomes of the double up food bucks program to the subcommittees and the fiscal agencies. The report shall contain all of the following:

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

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

(c) Number of individuals participating in the program, by county.

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:


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(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.

(4) The report shall identify grant recipients who are members of socially disadvantaged groups, women, veterans, and beginning farmers and ranchers.

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

 

FAIRS and EXPOSITIONS

Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development


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fund shall be expended for non-equine-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) Any remaining funds collected through September 30, 2023, after the obligations in subdivision (a) have been met, shall be prorated equally among the county fairs, 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) From the funds appropriated in part 1 for county fairs, shows, and expositions, 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 financing of building improvements or other capital improvements at county fairgrounds of this state.

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

(2) The department shall award grants on a competitive basis to county fairs or other organizations from the funds appropriated in part 1 for county fairs, shows, and expositions grants. Grantees will be required to provide a 50% cash match with grant awards and identify measurable project outcomes. A county fair organization that received a county fair capital improvement grant in the prior


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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 and festivals in this state.

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

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

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

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

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


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

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

(d) The estimated cost of the project is $2,500,000.00.

(e) The tentative completion date for the work project is September 30, 2026.

(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2024 to the subcommittees, the fiscal agencies, and the state budget director that includes a listing of the grantees, award amounts, match funding, project outcomes, and department costs of grant administration.

 

ONE-TIME APPROPRIATIONS

Sec. 902. (1) From the 1-time funds appropriated in part 1 for minority-owned food and agriculture ventures, the department shall create a grant program to expand minority businesses in food and agriculture. Grant recipients must be majority minority-owned or ventures that are providing access to predominately majority minority-owned businesses.

(2) From the 1-time funds appropriated in part 1 for minority-owned food and agriculture ventures, $400,000.00 shall be allocated to the communities first organization to provide retail space and assistance for predominately minority-owned entrepreneurial businesses.

(3) The unexpended funds appropriated in part 1 for minority-owned food and agriculture ventures are designated as a work


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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 the expansion of minority-owned businesses in food and agriculture.

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

(c) The estimated cost of this project is $2,900,000.00.

(d) The tentative completion date for the work project is September 30, 2028.

Sec. 903. The 1-time unexpended funds appropriated in part 1 for agricultural climate resiliency 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 the usage and implementation of best regenerative agricultural farming practices and new technologies related to environmental sustainability, including measures to address the impacts of climate change.

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

(c) The estimated cost of this project is $6,000,000.00.

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


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September 30, 2028.

Sec. 904. The unexpended funds appropriated in part 1 for soil health/regenerative agriculture are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is advancing the adoption of soil health and regenerative agriculture principles in Michigan agriculture.

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

(c) The estimated cost of this project is $5,000,000.00.

(d) The tentative completion date for the work project is September 30, 2028.

Sec 905. The 1-time appropriation for Washtenaw conservation district shall be used for a 2-year MIFarmLink pilot project to connect new farmers with opportunities to gain access to land to start their own farms.

 

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, 2024, from the following funds:


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DEPARTMENT OF CORRECTIONS

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

16.0

 

 

Full-time equated classified positions

13,190.0

 

 

GROSS APPROPRIATION

 

$

2,086,250,000

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

2,086,250,000

Federal revenues:

 

 

 

Total federal revenues

 

 

17,143,500

Special revenue funds:

 

 

 

Total local revenues

 

 

9,805,100

Total private revenues

 

 

0

Total other state restricted revenues

 

 

29,805,500

State general fund/general purpose

 

$

2,029,495,900

Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated unclassified positions

16.0

 

 

Full-time equated classified positions

359.0

 

 

Unclassified salaries--FTEs

16.0

$

2,184,900

Administrative hearings officers

 

 

3,478,000

Budget and operations administration--FTEs

270.0

 

38,426,000

Compensatory buyout and union leave bank

 

 

100

County jail reimbursement program

 

 

14,814,600

Employee wellness programming--FTEs

7.0

 

2,190,000

Equipment and special maintenance

 

 

1,559,700

Executive direction--FTEs

22.0

 

4,600,200


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Judicial data warehouse user fees

 

 

50,600

New custody staff training

 

 

21,519,600

Prison industries operations--FTEs

60.0

 

10,020,400

Property management

 

 

2,479,200

Prosecutorial and detainer expenses

 

 

4,801,000

Worker's compensation

 

 

12,649,900

GROSS APPROPRIATION

 

$

118,774,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, prison rape elimination act grant

 

 

674,700

Special revenue funds:

 

 

 

Correctional industries revolving fund

 

 

10,020,400

Correctional industries revolving fund 110

 

 

721,600

Jail reimbursement program fund

 

 

5,900,000

State general fund/general purpose

 

$

101,457,500

Sec. 103. OFFENDER SUCCESS ADMINISTRATION

 

 

 

Full-time equated classified positions

337.9

 

 

Community corrections comprehensive plans and services

 

$

14,198,100

Education/skilled trades/career readiness programs--FTEs

259.9

 

38,065,000

Enhanced food technology program--FTEs

11.0

 

1,638,400

Goodwill Flip the Script

 

 

1,250,000

Higher education in prison

 

 

1,250,000

Offender success community partners

 

 

16,475,000

Offender success federal grants

 

 

751,000

Offender success programming

 

 

16,122,800

Offender success services--FTEs

67.0

 

17,523,800


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Probation residential services

 

 

14,575,500

Public safety initiative

 

 

2,000,000

GROSS APPROPRIATION

 

$

123,849,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, prisoner reintegration

 

 

751,000

Federal education revenues

 

 

1,596,600

State general fund/general purpose

 

$

121,502,000

Sec. 104. FIELD OPERATIONS ADMINISTRATION

 

 

 

Full-time equated classified positions

1,880.5

 

 

Criminal justice reinvestment

 

$

3,748,400

Field operations--FTEs

1,849.5

 

227,263,200

Parole board operations--FTEs

31.0

 

3,931,800

Parole/probation services

 

 

940,000

Residential alternative to prison program

 

 

1,500,000

GROSS APPROPRIATION

 

$

237,383,400

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Community tether program reimbursement

 

 

275,000

Reentry center offender reimbursements

 

 

10,000

Supervision fees

 

 

6,630,500

Supervision fees set-aside

 

 

940,000

State general fund/general purpose

 

$

229,527,900

Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION

 

 

 

Full-time equated classified positions

707.0

 

 

Body-worn cameras--FTEs

8.0

$

3,767,600

Central records--FTEs

43.0

 

4,888,800

Contraband prevention

 

 

1,000,000


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Correctional facilities administration--FTEs

57.0

 

9,576,600

Housing inmates in federal institutions

 

 

511,000

Inmate housing fund

 

 

100

Inmate legal services

 

 

290,900

Intelligence unit--FTEs

30.0

 

3,900,000

Leased beds and alternatives to leased beds

 

 

100

Prison food service--FTEs

324.0

 

74,359,000

Prison store operations--FTEs

33.0

 

3,461,100

Transportation--FTEs

212.0

 

31,637,200

GROSS APPROPRIATION

 

$

133,392,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ-BOP, federal prisoner reimbursement

 

 

411,000

SSA-SSI, incentive payment

 

 

272,000

Special revenue funds:

 

 

 

Correctional industries revolving fund 110

 

 

865,800

Resident stores

 

 

3,461,100

State general fund/general purpose

 

$

128,382,500

Sec. 106. HEALTH CARE

 

 

 

Full-time equated classified positions

1,526.3

 

 

Clinical complexes--FTEs

1,033.3

$

156,904,300

Health care administration--FTEs

18.0

 

3,677,500

Healthy Michigan plan administration--FTEs

12.0

 

1,014,800

Hepatitis C treatment

 

 

10,499,100

Interdepartmental grant to health and human services, eligibility specialists

 

 

120,200

Mental health and substance use disorder treatment services--FTEs

463.0

 

65,418,900


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Prisoner health care services

 

 

105,531,600

Vaccination program

 

 

691,200

GROSS APPROPRIATION

 

$

343,857,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues and reimbursements

 

 

403,400

Special revenue funds:

 

 

 

Prisoner health care co-payments

 

 

257,200

State general fund/general purpose

 

$

343,197,000

Sec. 107. CORRECTIONAL FACILITIES

 

 

 

Full-time equated classified positions

8,378.3

 

 

Alger Correctional Facility - Munising--FTEs

259.0

$

32,521,800

Baraga Correctional Facility - Baraga--FTEs

295.8

 

38,684,100

Bellamy Creek Correctional Facility - Ionia--FTEs

416.2

 

50,725,800

Carson City Correctional Facility - Carson City--FTEs

421.4

 

52,087,300

Central Michigan Correctional Facility - St. Louis--FTEs

386.6

 

49,076,100

Charles E. Egeler Correctional Facility - Jackson--FTEs

386.6

 

48,864,600

Chippewa Correctional Facility - Kincheloe--FTEs

443.6

 

54,898,100

Cooper Street Correctional Facility - Jackson--FTEs

254.6

 

31,516,300

Detroit Detention Center--FTEs

75.8

 

9,530,100

Earnest C. Brooks Correctional Facility - Muskegon--FTEs

248.2

 

32,443,900


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G. Robert Cotton Correctional Facility - Jackson--FTEs

396.0

 

48,409,000

Gus Harrison Correctional Facility - Adrian--FTEs

304.0

 

38,563,000

Ionia Correctional Facility - Ionia--FTEs

293.3

 

37,055,800

Kinross Correctional Facility - Kincheloe--FTEs

258.6

 

34,970,900

Lakeland Correctional Facility - Coldwater--FTEs

275.4

 

35,240,900

Macomb Correctional Facility - New Haven--FTEs

313.3

 

40,062,600

Marquette Branch Prison - Marquette--FTEs

319.7

 

40,496,900

Muskegon Correctional Facility - Muskegon--FTEs

208.0

 

28,232,200

Newberry Correctional Facility - Newberry--FTEs

199.1

 

26,142,200

Oaks Correctional Facility - Eastlake--FTEs

289.4

 

37,358,400

Parnall Correctional Facility - Jackson--FTEs

266.1

 

31,418,200

Richard A. Handlon Correctional Facility - Ionia--FTEs

268.3

 

34,561,800

Saginaw Correctional Facility - Freeland--FTEs

276.9

 

35,438,800

Special Alternative Incarceration Program - Jackson--FTEs

26.2

 

5,135,100

St. Louis Correctional Facility - St. Louis--FTEs

306.6

 

40,295,500

Thumb Correctional Facility - Lapeer--FTEs

283.6

 

36,092,600

Womens Huron Valley Correctional Complex - Ypsilanti--FTEs

505.1

 

63,254,800

Woodland Correctional Facility - Whitmore Lake--FTEs

296.9

 

39,014,000

Northern region administration and support--FTEs

43.0

 

4,572,900


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Southern region administration and support--FTEs

61.0

 

20,281,800

GROSS APPROPRIATION

 

$

1,076,945,500

Appropriated from:

 

 

 

Federal revenues:

 

 

 

DOJ, state criminal assistance program

 

 

1,034,800

Special revenue funds:

 

 

 

Local funds

 

 

9,530,100

State restricted fees, revenues, and reimbursements

 

 

102,100

State general fund/general purpose

 

$

1,066,278,500

Sec. 108. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

31,347,300

GROSS APPROPRIATION

 

$

31,347,300

Appropriated from:

 

 

 

Special revenue funds:

 

 

 

Correctional industries revolving fund 110

 

 

182,000

Supervision fees set-aside

 

 

714,800

State general fund/general purpose

 

$

30,450,500

Sec. 109. ONE-TIME APPROPRIATIONS

 

 

 

Full-time equated classified positions

1.0

 

 

Body-worn cameras

 

$

3,300,000

Breast milk program--FTE

1.0

 

1,000,000

Come Out Stay Out

 

 

400,000

Corrections officer signing and retention bonuses

 

 

12,000,000

Eastern Michigan University pilot program

 

 

250,000

Goodwill Flip the Script

 

 

1,350,000


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Nation Outside

 

 

2,000,000

Silent Cry

 

 

400,000

GROSS APPROPRIATION

 

$

20,700,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Coronavirus state fiscal recovery fund

 

 

12,000,000

State general fund/general purpose

 

$

8,700,000

 

part 2

provisions concerning appropriations

for fiscal year 2023-2024

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2023-2024 is $2,059,301,400.00 and state spending from state sources to be paid to local units of government is $121,453,600.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF CORRECTIONS

 

 

 

Community corrections comprehensive plans and services

 

$

14,198,100

County jail reimbursement program

 

 

14,814,600

Field Operations

 

 

69,564,300

Leased beds and alternatives to leased beds

 

 

100

Probation residential services

 

 

14,575,500

Prosecutorial and detainer expenses

 

 

4,801,000

Public safety initiative

 

 

2,000,000


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Residential alternative to prison program

 

 

1,500,000

TOTAL

 

$

121,453,600

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

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

(a) "Administrative segregation" means confinement for maintenance of order or discipline to a cell or room apart from accommodations provided for inmates who are participating in programs of the facility.

(b) "Department" means the Michigan department of corrections.

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

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

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

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

(g) "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.

(h) "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.

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

(j) "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


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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.

(k) "Recidivism" means that term as defined in section 1 of 2017 PA 5, MCL 798.31.

(l) "Serious emotional disturbance" means that term as defined in section 100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.

(m) "Serious mental illness" means that term as defined in section 100d(4) of the mental health code, 1974 PA 258, MCL 330.1100d.

(n) "SSA" means the United States Social Security Administration.

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

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

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

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

(a) Funds appropriated in part 1 must not be used for the purchase of foreign goods or services, or both, if competitively


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priced and of comparable quality American goods or services, or both, are available.

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

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

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

Sec. 208. Consistent with section 217 of the management and budget act, 1984 PA 431, MCL 18.1217, the department shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house appropriations committees and to report recipients listed in section 205 of this part. The report shall include the following information:

(a) The dates of each travel occurrence.

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


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restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

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

Sec. 210. Not later than December 15, the state budget office shall prepare and transmit a report that provides estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and to report recipients listed in section 205 of this part.

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

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

Sec. 212. The department shall cooperate with the department


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

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

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

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

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

(e) Job specifications and wage rates.

Sec. 213. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the chairpersons of the senate and house appropriations committees and report recipients listed in section 205 of this part with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.

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

Sec. 215. (1) Funding in part 1 must not be used to restrict or impede a marginalized community's access to government resources, programs, or facilities.

(2) From the funds appropriated in part 1, local governments must report any action or policy that attempts to restrict or interfere with the duties of the local health officer.


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Sec. 216. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure geographically disadvantaged business enterprises, as defined in Executive Directive 2019-08, 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 geographically disadvantaged business enterprises for services, supplies, or both.

Sec. 217. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees and to report recipients listed in section 205 of this part on the number of full-time equated positions in pay status by civil service classification, including the number of full-time equated positions in pay status by civil service classification for each correctional facility. This report must include the following:

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

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

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

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

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

(2) As used in this section, "vacant position" means any


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position that has not been filled at any time during the past 12 calendar months.

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

Sec. 219. 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. 220. The department shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines.

Sec. 221. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, to the joint committee on administrative rules, and to report recipients listed in section 205 of this part.

Sec. 222. (1) From the funds appropriated in part 1, the department shall do the following:

(a) Report to the senate and house appropriations committees and to report recipients listed in section 205 of this part any


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amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.

(b) By February 1, report on the total amount of severance pay remitted to former department employees during the prior fiscal year and the total number of former department employees that were remitted severance pay during the prior fiscal year.

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

Sec. 223. 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. 224. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.

Sec. 225. 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


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region administration offices.

Sec. 226. The department shall provide the state court administrative office data sufficient to administer the swift and sure sanctions program.

 

DEPARTMENTAL ADMINISTRATION AND SUPPORT

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

Sec. 302. From the funds appropriated in part 1, the department must submit a report by March 1 that assesses the cost of allowing corrections officers and corrections medical officers to reach their highest level of pay within 3 years of service instead of reaching it within 5 years of service.

Sec. 303. From the funds appropriated in part 1, the department shall submit a report by March 1 on the department's staff retention strategies. The report must include, but not be limited to, the following:

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


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

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

Sec. 304. From the funds appropriated in part 1, the department shall submit a report by March 1 on the number of employee departures. The report must include the number of corrections officers that departed from employment at a state correctional facility in the immediately preceding fiscal year and the number of years they worked for the department. The report shall include a chart that shows the normal distribution of employee departures in these positions based on years of service. Years of service shall be grouped into the following ranges: 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 15 years, 15 to 20 years, and 20 and more years. The department shall review all reasons for employee departures and summarize in the report the primary reasons for departure for each of the ranges of years of service based on the available responses. The report shall include a section that shows the distinction between recruits who are in-training at the academy that depart employment, recruits who are in-training at a facility that depart employment, and employees who have been on the job that depart employment.

Sec. 305. Funds appropriated in part 1 for prosecutorial and detainer expenses shall be used to 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.


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

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

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

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

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

Sec. 308. The department must ensure that a prisoner telephone system is maintained. The prisoner telephone system must meet ongoing operational needs of the department while maintaining the lowest per-minute rate possible. The department must provide notice at least 45 days in advance of each of the following taking effect:

(a) Changes to telephone rates.

(b) Extending the telephone contract, including the department exercising the option to extend the contract.

(c) Rebidding the telephone contract.

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


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

Sec. 311. From the funds appropriated in part 1, the department shall provide a report on the Michigan state industries program by December 1. The report shall include, but not be limited to, the locations of the programs, the total number of participants at each location, a description of job duties and typical inmate schedules, the products that are produced, and how the program provides marketable skills that lead to employable outcomes after release from a department facility.

Sec. 312. (1) Funds appropriated in part 1 for employee wellness programming shall be used for post-traumatic stress outreach, treating mental health issues, peer support programs, and providing mental health programming for all department staff, including former employees.

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

Sec. 313. (1) From the funds appropriated in part 1, the department shall work to hire and train new corrections officers to address attrition of corrections officers and to decrease overtime


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costs. The department shall submit quarterly reports on new employee schools. The reports must include the following information for the immediately preceding fiscal quarter, and as much of the information as possible for the current and next fiscal year.

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

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

(c) The number of recruits that graduated from each employee school and continued employment with the department.

(2) Third quarter reports must outline steps the department has taken to obtain the highest number of recruits possible for each new employee school. A report prepared pursuant to this subsection must include, but not be limited to, all of the following information:

(a) Internal sources of recruitment, including transfers and promotions.

(b) External sources of recruitment, including advertisements.

(c) Job portals, social networking platforms, placement agencies, job fairs, campus placements, or professional entities used for recruitment.

(d) Whether the department's website was used to advertise vacancies.

Sec. 314. From the funds appropriated in part 1, the department shall submit a quarterly report on the number of overtime hours worked by all custody staff, by facility. The report shall include for each facility, the number of mandatory overtime hours worked, the number of voluntary overtime hours worked, the


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reasons for overtime hours worked, and the average number of overtime hours worked by active employees.

Sec. 315. From the funds appropriated in part 1, the department may establish agreements and exchange offender data with local, state, and federal agencies, law enforcement, community service and treatment providers, and research partners in order to improve offender success, reduce recidivism risk, and enhance public safety. This data sharing may include, but is not limited to, efforts to support the following:

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

(b) Establishing assistance program eligibility and participation.

(c) Collaborating with community service providers for continued care and access to services for offenders.

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

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

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

(g) Determining educational attainment and needs.

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

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

Sec. 316. From the funds appropriated in part 1, the department shall submit a status report on the corrections officer training academy on June 30 to the joint capital outlay


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subcommittee and to recipients listed in section 205 of this part. The report shall include, but not be limited to, the following:

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

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

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

(d) Any other information the department considers necessary.

Sec. 317. From the funds appropriated in part 1, the department shall submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget recommendation, including explanations of the methodology and assumptions used in developing the projection updates.

Sec. 318. From the funds appropriated in part 1, the department shall place the statistical report from the immediately preceding calendar year on an internet website by June 30. The statistical report shall include, but not be limited to, the information as provided in the 2004 statistical report.

Sec. 319. From the funds appropriated in part 1, the department shall report the reincarceration recidivism rates of offenders based on available data.

Sec. 320. (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


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counties for convicted felons in the custody of the sheriff if the conviction was for a crime committed on or after January 1, 1999 and 1 of the following applies:

(a) The felon's sentencing guidelines recommended range upper limit is more than 18 months, the felon's sentencing guidelines recommended range lower limit is 12 months or less, the felon's prior record variable score is 35 or more points, and the felon's sentence is not for commission of a crime in crime class G or crime class H or a nonperson crime in crime class F under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.

(b) The felon's minimum sentencing guidelines range minimum is more than 12 months under the sentencing guidelines described in subdivision (a).

(c) The felon was sentenced to jail for a felony committed while the felon was on parole and under the jurisdiction of the parole board and for which the sentencing guidelines recommended range for the minimum sentence has an upper limit of more than 18 months.

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

(4) As used in this section:

(a) "Group 1 crime" means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death,


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other sex offenses, robbery, and weapon possession as determined by the department based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement program document titled "FY 2007 and FY 2008 Group One Crimes Reimbursed", dated March 31, 2009.

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

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

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

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


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and annual average jail occupancy for the immediately preceding fiscal year.

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

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

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

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

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

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

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

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

Sec. 321. (1) From the funds appropriated in part 1, the department shall provide monthly email reports on offender populations, including, but not limited to, the following:

(a) Prison population by facility and security level and prisoners housed in county jails.

(b) Net operating capacity according to the most recent certification report.


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(c) Number of closed housing units and beds in those units.

(d) Number of prisoners serving life sentences.

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

(f) Prisoner intakes.

(g) Prisoner exits, including paroles, maximum discharges, and other exits.

(h) Community residential service populations.

(i) Electronic monitoring populations.

(j) Parole populations.

(k) Probation populations, with identification of the number of offenders in special alternative incarceration.

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

 

OFFENDER SUCCESS ADMINISTRATION

Sec. 401. (1) From the funds appropriated in part 1, the department shall provide a report by March 1 on offender success expenditures and allocations. At a minimum, the report shall include details on prior-year expenditures, including amounts spent on each project funded, itemized by service provided and service provider.

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

Sec. 402. From the funds appropriated in part 1, the


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

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

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

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

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

Sec. 406. 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


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period of assessment for treatment and case planning. Reimbursements for housing during the assessment process shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per offender.

Sec. 407. (1) From the funds appropriated in part 1, the department shall submit the following information for each county and counties consolidated for community corrections comprehensive plans:

(a) Approved technical assistance grants and community corrections comprehensive plans including each program and level of funding, the utilization level of each program, and profile information of enrolled offenders.

(b) If federal funds are made available, the number of participants funded, the number served, the number successfully completing the program, and a summary of the program activity.

(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.


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Sec. 408. (1) From the funds appropriated in part 1 for public safety initiative, the law enforcement agency receiving funding under part 1 shall submit quarterly expenditure reports including a detailed listing of expenditures made, the purpose for which the expenditures were made, specific services provided, and the number of individuals served. Reports required under this section must be submitted to report recipients listed in section 205 of this part and to the department of corrections.

(2) As a condition of receiving funding appropriated for public safety initiative, reports required in the prior fiscal year must be submitted before funds may be disbursed for the current fiscal year.

Sec. 409. From the funds appropriated in part 1, the department shall establish and maintain policies and procedures that assist prisoners with obtaining a birth certificate, duplicate Social Security card, if eligible, DD Form 214 or other military documentation, state identification card, and operator's license before parole or discharge.

Sec. 410. (1) Funds appropriated in part 1 for higher education in prison must be used by the department in collaboration with accredited universities or colleges to provide incarcerated individuals the opportunity to participate in comprehensive bachelor's degree programs at no cost to the student. Funding must be used for eligible expenses including staffing, supplies, and tuition.

(2) Universities and colleges receiving funding under this section must report by July 1 on expenditure of funds, number of participants served, enrollments by race and gender, and number of participants that complete the program.


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Sec. 411. From the funds appropriated in part 1 for enhanced food technology program, the department shall maintain a program that provides on-the-job training in prison kitchens that will lead to prisoners earning food service training credentials recognized by the restaurant industry. The department shall collaborate with the Michigan Restaurant and Lodging Association and other restaurant industry stakeholders to provide job placement assistance to individuals on probation or parole.

Sec. 412. (1) From the funds appropriated in part 1 for offender success programming, the department shall establish medication-assisted treatment offender success pilot programs to provide prerelease treatment and postrelease referral for opioid addicted offenders, as well as alcohol-addicted offenders who voluntarily participate in the medication-assisted treatment offender success pilot programs. The department shall collaborate with residential and nonresidential substance abuse treatment providers and with community-based clinics to provide postrelease assessment and treatment. The programs shall employ a multifaceted approach to treatment, including various forms of medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid use disorder or alcohol use disorder, counseling, and postrelease referral to community-based providers. The department shall consider the use of long-acting injectable formulations, when clinically appropriate, of FDA-approved medication-assisted treatment for alcohol and opioid use disorder when developing an offender's release plan.

(2) The department shall submit a report by December 1 on the number of offenders who received an injectable treatment for alcohol use disorder and the number that received an injectable


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treatment for opioid use disorder prior to release, the number of offenders that subsequently received treatment in the community for a duration of at least 3 months, and the number of offenders who received injections and were subsequently returned to prison during the prior fiscal year.

Sec. 413. 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. 414. (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.

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


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Sec. 415. From the funds appropriated in part 1, the department shall report by March 1 on academic and vocational programs, including, but not limited to, all of the following:

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

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

(c) The racial demographics of prisoners enrolled in each program.

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

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

(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. 416. From the funds appropriated in part 1, priority may be given to funding reentry or rehabilitation programs that have


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been demonstrated to reduce prison violence and recidivism, including faith-based initiatives.

Sec. 417. (1) Funds appropriated in part 1 for criminal justice reinvestment shall be used only to fund data collection and evidence-based programs designed to reduce recidivism among probationers, parolees, and prisoners.

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

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

 

FIELD OPERATIONS ADMINISTRATION


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Sec. 501. From the funds appropriated in part 1, the department shall prepare individual reports by March 1 for the residential reentry program, the electronic monitoring program, and the special alternative to incarceration program. Each program's report shall include information on all of the following:

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

(b) Monthly participant unsuccessful terminations, including cause.

(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. 502. (1) From the funds appropriated in part 1, the department shall review and revise as necessary policy proposals that provide alternatives to prison for offenders being sentenced to prison as a result of technical probation violations and technical parole violations. To the extent the department has


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insufficient policies or resources to affect the continued increase in prison commitments among these offender populations, the department shall explore other policy options to allow for program alternatives, including department or OCC-funded programs, local level programs, and programs available through private agencies that may be used as prison alternatives for these offenders.

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

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

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

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


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

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

Sec. 503. From the funds appropriated in part 1 for residential alternative to prison program, the department shall provide vocational, educational, and cognitive programming in a secure environment to enhance existing alternative sentencing options, increase employment readiness and successful placement rates, and reduce new criminal behavior for the west Michigan probation violator population. The department must ensure the following program goals are attained:

(a) Participants successfully complete the program.

(b) Participants completing the program earn a nationally recognized credential for career and vocational programs.

(c) Participants completing the program earn a certificate of completion for cognitive programming.

(d) Reduction of the prison commitment rate for probation violators within the impacted geographic area.

Sec. 504. From the funds appropriated in part 1, the department shall issue quarterly reports for the previous 4 quarters detailing outcomes of prisoners who have been reviewed for parole. The report shall include all of the following:

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

(b) How many prisoners were granted parole.

(c) How many prisoners were denied parole.

(d) How many parole decisions were deferred.

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


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during that quarter grouped by whether the prisoner had been interviewed for the first, second, third, fourth, fifth, sixth, or more than sixth time.

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

(g) The reason for denying or deferring parole.

 

HEALTH CARE

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

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

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

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

Sec. 602. (1) From the funds appropriated in part 1, the department shall assure that all prisoners, upon any health care treatment funded from appropriations in part 1, are given the opportunity to sign a release of information form designating a


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family member or other individual to whom the department shall release records information regarding a prisoner. A release of information form signed by a prisoner shall remain in effect for 1 year, and the prisoner may elect to withdraw or amend the release form at any time.

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

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

Sec. 603. From the funds appropriated in part 1, the department shall provide a report by April 1 on prisoner health care utilization that includes the number of inpatient hospital days, outpatient visits, emergency room visits, prisoners receiving off-site inpatient medical care in the fiscal year, by facility, and a listing of the 10 most common chronic care conditions.

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

(2) The report must include the Hepatitis C status of all incoming prisoners and the number of prisoners who are reinfected


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while incarcerated and require retreatment for Hepatitis C. The report must also include the number of those treated and released and then retreated upon reincarceration.

Sec. 605. The department shall provide an annual report on the utilization of Medicaid benefits for prisoners.

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

Sec. 607. (1) From the funds appropriated in part 1 for mental health and substance use disorder treatment, $11,211,200.00 must be allocated for establishing at least 3 medication assisted treatment clinics. The department must select sites for clinics at correctional facilities that would allow the department to treat the highest number of prisoners with opioid use disorder as possible. Funding must be used by the department to support costs of staff, including nurses, qualified mental health professionals, recovery coaches, and corrections officers, and costs of medication and supplies. Participating prisoners must be provided with the option of receiving 1 injection of medication immediately before being released from prison into the community.

(2) The department must submit quarterly reports on the status of establishment and operation of medication assisted treatment clinics. Reports shall include, but not be limited to, all of the following:

(a) Site locations selected.

(b) Staffing levels.

(c) Expenditures on staffing and supplies, including oral and injectable medications.


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(d) Number of prisoners treated.

(e) Number of prisoners requiring treatment but not yet receiving treatment.

 

CORRECTIONAL FACILITIES AND ADMINISTRATION

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

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

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

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

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

(c) Major sanitation violations.

Sec. 703. From the funds appropriated in part 1, the department shall calculate the cost per prisoner per day for each security custody level. This calculation shall include all actual direct and indirect costs for the previous fiscal year. To calculate the cost per prisoner per day, the department shall


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divide the prisoner-related costs by the total number of prisoner days for each custody level and correctional facility. For multilevel facilities, costs that cannot be accurately allocated to each custody level can be included in the calculation on a per-prisoner basis for each facility. A report summarizing these calculations shall be submitted not later than January 15. Prisoner-related costs included in the cost per prisoner per day calculation shall include all expenditures for the following, from all fund sources:

(a) New custody staff training.

(b) Prison industries operations.

(c) Education/skilled trades/career readiness programs.

(d) Enhanced food technology program.

(e) Offender success programming.

(f) Central records.

(g) Correctional facilities administration.

(h) Housing inmates in federal institutions.

(i) Inmate legal services.

(j) Leased beds and alternatives to leased beds.

(k) Prison food service.

(l) Prison store operations.

(m) Transportation.

(n) Health care.

(o) Correctional facilities.

(p) Northern and southern region administration and support.

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


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

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

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

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

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

Sec. 707. From the funds appropriated in part 1, the department shall report by March 1 on the ratio of corrections officers to prisoners for each correctional institution, the ratio of shift command staff to line custody staff, and the ratio of noncustody institutional staff to prisoners for each correctional facility.

Sec. 708. (1) From the funds appropriated in part 1, the department shall focus on providing required programming to prisoners who are past their earliest release date because of not having received the required programming. Programming includes, but is not limited to, violence prevention programming, sexual abuse prevention programming, substance use disorder programming,


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thinking for a change programming, and any other programming that is required as a condition of parole.

(2) To the extent feasible, the department shall consistently provide prisoner programming with the goal of having prisoners complete recommended cognitive programming as early as possible during the prisoner's sentence to impact the prisoner's behavior while incarcerated. Nothing in this section should be deemed to make parole denial appealable in court.

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

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

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

(c) A plan of action for addressing any waiting lists or backlogs for programming that may exist.

Sec. 709. If a pregnant prisoner in a facility funded from appropriations in part 1 consents to a visitor being present, the department shall allow that 1 person to be present during the prisoner's labor and delivery, in addition to a doula being present if the pregnant prisoner wants to work with a doula. 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.


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

Sec. 711. From the funds appropriated in part 1, the department shall report by March 1 on the annual number of prisoners during the prior fiscal year in administrative segregation and, of those, the number who at any time during the current or prior prison term were diagnosed with serious mental illness or have a developmental disorder and the number of days each of the prisoners with serious mental illness or a developmental disorder have been confined to administrative segregation.

Sec. 712. From the funds appropriated in part 1, the department shall do all of the following:

(a) Ensure that any inmate care and control staff in contact


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with prisoners less than 18 years of age are adequately trained with regard to the developmental and mental health needs of prisoners less than 18 years of age. By April 1, the department shall report on the training curriculum used and the number and types of staff receiving annual training under that curriculum.

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

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

Sec. 713. From the funds appropriated in part 1, the


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department shall submit quarterly reports on the number of youth in prison. The report shall include, but not be limited to, the following information:

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

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

(c) The total number of inmates aged 18 to 23 who are on Holmes youthful trainee act status.

Sec. 714. From the funds appropriated in part 1, the department must submit a report on the number of prisoners that lost visiting privileges. The report required under this section must be submitted by November 15 and include data for the prior fiscal year. The report must include all of the following information:

(a) The number of prisoners that lost visiting privileges by violation type.

(b) The number of prisoners that applied to have visiting privileges restored.

(c) The number of prisoners that had visiting privileges restored.

(d) The number of prisoners that had visiting restrictions extended.

Sec. 715. Funds appropriated in part 1 for intelligence unit must be used by the department to establish an intelligence unit to conduct investigatory and intelligence operations for the department. Intelligence operations must include, but not be limited to, intelligence operations for prisoner phone services. The department must renegotiate the current phone contract to


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remove the cost of intelligence operations from the contract. The savings that result from transferring responsibility for intelligence operations from the contractor to the department must be passed on to prisoners and prisoners' families as the department negotiates lower phone call rates in all future contracts.

Sec. 716. (1) From the funds appropriated in part 1, the department must submit a preliminary report on the department's plans to close, consolidate, or relocate any correctional facility in the state. The preliminary report must be provided at least 30 days prior to the effective date of the closure, consolidation, or relocation. The preliminary report must include the projected savings to the state from closure, consolidation, or relocation of the facility and must include a projection of the potential impact on staff positions.

(2) Following a prison closure, consolidation, or relocation, the department must submit a report on the actual savings achieved by the department and the impact on staff positions. Savings amounts and impact on staff positions must be itemized by facility. The report must be submitted 6 months following the prison closure, consolidation, or relocation.

(3) If the department is planning to close a correctional facility, the department must complete an analysis of the potential economic impact of a prison closure on the local community where the facility is located. The analysis must be submitted within 30 days of the department's announcement to close the facility.

Sec. 717. The department shall consult with the legislature and other appropriate state agencies to develop a framework to provide investment in communities that have formerly operational state correctional facilities that have been closed. This framework


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shall include plans to ensure that vacant state correctional facilities do not become a nuisance or danger to the community.

Sec. 718. From the funds appropriated in part 1, the department shall make an information packet for the families of incoming prisoners available on the department's website. The information packet shall be reviewed by February 1 and updated as necessary. The packet shall provide information on topics, including, but not limited to: how to put money into prisoner accounts, how to make telephone calls or create Jpay email accounts, how to visit in person, proper procedures for filing complaints or grievances, the rights of prisoners to physical and mental health care, how to utilize the offender tracking information system (OTIS), truth-in-sentencing and how it applies to minimum sentences, the parole process, and guidance on the importance of the role of families in the reentry process. The department may partner with external advocacy groups and actual families of prisoners in the packet-writing process to ensure that the information is useful and complete.

 

ONE-TIME APPROPRIATIONS

Sec. 801. (1) Funds appropriated in part 1 for breast milk program must be used to fund a program to provide breast milk to the newborns of postpartum prisoners.

(2) From the funds appropriated in part 1, the department shall work in collaboration with Mama's Mobile Milk to develop a contract for delivery services to ensure that every incarcerated individual who has given birth within the last 18 months has an opportunity to express breast milk for delivery to the child. Funds appropriated in part 1 shall be used by the department to ensure


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that participating incarcerated individuals have access to necessary supplies, including a breast pump and appropriate, sanitary containers, and suitable sanitary storage of expressed milk while milk is in the department's possession.

(3) The department, its officials, and employees are immune from criminal and civil liability arising out of their involvement with the processes set forth in this program.

(4) Mama's Mobile Milk must submit quarterly reports on the number of incarcerated individuals participating in the program, length of time incarcerated individuals participate, racial demographics of incarcerated individuals participating, location of infants served, and custodial responsibility of infants served.

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

(a) The purpose of the project is to fund a program to provide breast milk to the newborns of postpartum prisoners.

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

(c) The total estimated cost of the project is $1,000,000.00.

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

Sec. 802. (1) Funds appropriated in part 1 for Come Out Stay Out must be used by the department to support a contract with Come Out Stay Out to provide education, employment, and housing services to referred parolees upon release from prison. The goal of


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providing these services is to rebuild and rehabilitate men and women who have been incarcerated and returned to society.

(2) The program must report by March 30 on expenditure of funds, program performance measurements, number of participants served, and outcomes of participants that complete the program.

Sec. 803. (1) Funds appropriated in part 1 for corrections officer signing and retention bonuses must be used by the department to provide signing and retention bonuses for corrections officers. The following criteria must be followed regarding the payment of bonuses:

(a) A total of $3,000.00, to be paid in increments of $1,000.00, shall be paid to corrections officers newly hired after October 1, 2023. Payments shall be made upon hire, after the completion of on the job training, and after completion of 1 year of employment.

(b) A total of $2,000.00 to be paid as a single payment prior to December 1, 2023 to corrections officers hired between January 9, 2023 and September 30, 2023.

(c) A total of $1,500.00 to be paid as a single payment prior to December 1, 2023 to corrections officers hired prior to January 9, 2023 who have less than 3 years of total service as a corrections officer.

(d) A total of $1,000.00 to be paid as a single payment prior to December 1, 2023 to corrections officers with more than 3 years of total service as a corrections officer.

(2) Expenditure of funds for corrections officer signing and retention bonuses must be agreed to by the office of state employer and the Michigan corrections organization, and approved by the civil service commission.


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Sec. 804. (1) From the funds appropriated in part 1 for Eastern Michigan University pilot program, the university must provide incarcerated individuals the opportunity to participate in a comprehensive bachelor's degree program at no cost to the student. Funding must be used for eligible expenses including staffing, supplies, and tuition.

(2) Eastern Michigan University must report by July 1 on expenditure of funds, number of participants served, enrollments by race and gender, and number of participants that complete the program.

(3) Eastern Michigan University must submit a report by July 1 to the report recipients listed in section 205. The report must include the following information, as applicable:

(a) A list of program expenditures.

(b) The number of enrollees.

(c) The number of job placements.

(d) The rate of 30-day, 90-day, and 2-year employment retention post release.

(e) The number of individuals that successfully complete a court-ordered sentence.

(f) The 1-, 2-, and 3-year return to prison rates, if available.

(g) Outcomes and performance measures.

(4) Eastern Michigan University must comply with all of the requirements set forth under section 807.

Sec. 805. (1) Funds appropriated in part 1 in the one-time appropriations unit for Goodwill Flip the Script must be used solely for the purpose of expanding the program that serves a population of individuals aged 16 to 39 outside the area currently


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served by the program described in section 414. The program must target those who are entering the criminal justice system for the first or second time and must assist those individuals through the following program types:

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

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

(c) Career development and continuing education for women.

(2) The report required in section 414 shall include the expanded area's program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants completing the program.

(3) Goodwill Flip the Script must submit a report by July 1 to the report recipients listed in section 205. The report must include the following information, as applicable:

(a) A list of program expenditures.

(b) The number of enrollees.

(c) The number of job placements.

(d) The rate of 30-day, 90-day, and 2-year employment retention post release.

(e) The number of individuals that successfully complete a court-ordered sentence.

(f) The 1-, 2-, and 3-year return to prison rates, if available.

(g) Outcomes and performance measures.

(4) Goodwill Flip the Script must comply with all of the requirements set forth under section 807.

Sec. 806. (1) Funds appropriated in part 1 for Nation Outside


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must be used by the department to support a contract with the goal of supporting statewide peer-led reentry programming. The contract must include peer-led group mentoring, along with one-on-one peer mentoring for referred parolees to improve housing, civic engagement, transportation, education, employment, and access to health care and insurance.

(2) From the funds appropriated in part 1 for Nation Outside, the pilot program must enlist Wayne State University to perform an independent program evaluation of the pilot program.

(3) Nation Outside must submit a report by July 1 to the report recipients listed in section 205. The report must include the following information, as applicable:

(a) A list of program expenditures.

(b) The number of enrollees.

(c) The number of job placements.

(d) The rate of 30-day, 90-day, and 2-year employment retention post release.

(e) The number of individuals that successfully complete a court-ordered sentence.

(f) The 1-, 2-, and 3-year return to prison rates, if available.

(g) Outcomes and performance measures.

(4) Nation Outside must comply with all of the requirements set forth under section 807.

Sec. 807. (1) Outcomes and performance measures for the Eastern Michigan University pilot program, the one-time Goodwill Flip the Script program, and the Nation Outside program must include at least the following, as applicable to each program or entity as stated in their program goals:


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(a) The number of individuals who obtain critical documents within 90 days of release and the nature of those documents.

(b) The number of individuals who access at least one community resource such as housing or transportation within 90 days of release and the nature of that resource.

(c) The number of individuals who obtain medical insurance and a healthcare provider or providers within 90 days.

(d) The number of individuals who report increased positive social activity within 90 days of release.

(e) The number of individuals employed or enrolled in an educational or vocational program, or both, within 60 to 90 days of release.

(f) The rate of job retention, housing, and education up to 12 months of release.

(g) The number of individuals in stable housing within 60 to 90 days of release.

(h) The number of individuals with adequate healthcare access, including access to medical, dental, behavioral health, and pharmacy services within 60 to 90 days of release.

(i) The recidivism rate in the first year, including a breakdown of procedural violations and new charges.

(j) With respect to recidivism, an accounting of procedural violations versus new charges.

(k) Substance use status, including alcohol, drug use, and smoking.

(l) Analysis of referral patterns.

(m) Comparison of de-identified client assessments.

(n) Civic engagement, including but not limited to, voter registration.


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(o) Tracking office-based versus community-based sessions with clients, to search for correlations and causation with outcomes.

(p) Use of incentives.

(q) Differences in outcomes for reentry from jail versus prison.

(r) Participation satisfaction.

(s) Fidelity to program values such as confidentiality, code of ethics, and mutuality.

(t) Use of evidence-based and best practices, such as motivational interviewing and restorative practices.

(u) Supervisory performance reviews.

(v) Reporting and documentation burden.

(w) Use of technology, including social media.

(x) Effectiveness of resource networks.

(y) Time required per client.

(z) Quality of life improvement or other health-related measures.

(aa) Self-efficacy improvement.

(2) Any data collected must be provided to the legislature and must be made available to accredited universities for research purposes.

Sec. 808. (1) Funds appropriated in part 1 for Silent Cry must be used by the department to support a contract with Silent Cry that provides trauma services to referred parolees upon release from prison.

(2) The program must report by March 30 on expenditure of funds, program performance measurements, number of participants served, and outcomes of participants that complete the program.

 


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ARTICLE 3

DEPARTMENT OF EDUCATION

part 1

line-item appropriations

Sec. 101. There is appropriated for the department of education for the fiscal year ending September 30, 2024, from the following funds:

DEPARTMENT OF EDUCATION

 

 

 

APPROPRIATION SUMMARY

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

634.5

 

 

GROSS APPROPRIATION

 

$

647,380,900

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

647,380,900

Federal revenues:

 

 

 

Total federal revenues

 

 

458,009,100

Special revenue funds:

 

 

 

Total local revenues

 

 

5,856,000

Total private revenues

 

 

2,791,300

Total other state restricted revenues

 

 

50,072,000

State general fund/general purpose

 

$

130,652,500

Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

 

 

 

Full-time equated unclassified positions

6.0

 

 

Full-time equated classified positions

11.0

 

 


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Unclassified salaries--FTE positions

6.0

$

1,100,500

Education commission of the states

 

 

120,800

State board of education, per diem payments

 

 

24,400

State board/superintendent operations--FTEs

11.0

 

2,505,400

GROSS APPROPRIATION

 

$

3,751,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

299,100

Special revenue funds:

 

 

 

Private foundations

 

 

80,000

Certification fees

 

 

819,000

State general fund/general purpose

 

$

2,553,000

Sec. 103. DEPARTMENTAL ADMINISTRATION AND SUPPORT

 

 

 

Full-time equated classified positions

47.6

 

 

Central support operations--FTEs

38.6

$

6,142,700

Federal and private grants

 

 

3,000,000

Grant and contract operations--FTEs

9.0

 

2,781,200

Property management

 

 

3,972,900

Terminal leave payments

 

 

353,300

Training and orientation workshops

 

 

150,000

Worker's compensation

 

 

13,000

GROSS APPROPRIATION

 

$

16,413,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

2,994,300

Federal revenues

 

 

6,266,700

Special revenue funds:

 

 

 


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Private foundations

 

 

1,000,000

Certification fees

 

 

601,600

Teacher testing fees

 

 

77,100

Training and orientation workshop fees

 

 

150,000

State general fund/general purpose

 

$

5,323,400

Sec. 104. INFORMATION TECHNOLOGY

 

 

 

Information technology services and projects

 

$

5,020,800

GROSS APPROPRIATION

 

$

5,020,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

1,983,600

Federal revenues

 

 

650,800

Special revenue funds:

 

 

 

Certification fees

 

 

948,500

State general fund/general purpose

 

$

1,437,900

Sec. 105. SPECIAL EDUCATION SERVICES

 

 

 

Full-time equated classified positions

47.0

 

 

Special education operations--FTEs

47.0

$

9,408,900

GROSS APPROPRIATION

 

$

9,408,900

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

8,816,400

Special revenue funds:

 

 

 

Private foundations

 

 

110,900

Certification fees

 

 

47,400

State general fund/general purpose

 

$

434,200

Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

 

 


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Full-time equated classified positions

82.0

 

 

ASL literacy resource

 

$

1,000,000

Camp Tuhsmeheta--FTE

1.0

 

1,000,400

Low incidence outreach program

 

 

1,000,000

Michigan schools for the deaf and blind operations--FTEs

81.0

 

16,652,300

Private gifts - blind

 

 

200,000

Private gifts - deaf

 

 

150,000

GROSS APPROPRIATION

 

$

20,002,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

7,590,200

Special revenue funds:

 

 

 

Local cost sharing (schools for deaf/blind)

 

 

5,856,000

Gifts, bequests, and donations

 

 

1,350,400

Low incidence outreach fund

 

 

1,000,000

Student insurance revenue

 

 

206,100

State general fund/general purpose

 

$

4,000,000

Sec. 107. EDUCATOR EXCELLENCE

 

 

 

Full-time equated classified positions

53.0

 

 

Educator excellence operations--FTEs

52.0

$

10,365,100

Educator recruitment and preparation programs--FTE

1.0

 

1,669,500

Teacher license renewals

 

 

280,000

GROSS APPROPRIATION

 

$

12,314,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

3,167,100


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Special revenue funds:

 

 

 

Certification fees

 

 

4,154,700

Teacher testing fees

 

 

200,700

State general fund/general purpose

 

$

4,792,100

Sec. 108. MICHIGAN OFFICE OF GREAT START

 

 

 

Full-time equated classified positions

77.0

 

 

Child development and care contracted services

 

$

18,900,000

Child development and care external support

 

 

31,089,000

Child development and care public assistance

 

 

364,500,000

Family and community engagement--FTEs

6.0

 

1,034,400

Head start collaboration office--FTE

1.0

 

421,900

Office of great start operations--FTEs

70.0

 

14,217,100

GROSS APPROPRIATION

 

$

430,162,400

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

375,480,600

Special revenue funds:

 

 

 

Private foundations

 

 

250,000

Certification fees

 

 

64,600

State general fund/general purpose

 

$

54,367,200

Sec. 109. SYSTEMS, EVALUATION, AND TECHNOLOGY

 

 

 

Full-time equated classified positions

10.0

 

 

Office of systems, evaluation, and technology operations--FTEs

10.0

$

2,016,700

GROSS APPROPRIATION

 

$

2,016,700

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal indirect revenues

 

 

141,300


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Federal revenues

 

 

998,900

Special revenue funds:

 

 

 

Certification fees

 

 

10,600

State general fund/general purpose

 

$

865,900

Sec. 110. STRATEGIC PLANNING AND IMPLEMENTATION

 

 

 

Full-time equated classified positions

6.0

 

 

Strategic planning and implementation operations--FTEs

6.0

$

1,101,100

GROSS APPROPRIATION

 

$

1,101,100

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

567,600

State general fund/general purpose

 

$

533,500

Sec. 111. ADMINISTRATIVE LAW SERVICES

 

 

 

Full-time equated classified positions

2.0

 

 

Administrative law operations--FTEs

2.0

$

1,416,800

GROSS APPROPRIATION

 

$

1,416,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

572,900

Special revenue funds:

 

 

 

Certification fees

 

 

739,300

State general fund/general purpose

 

$

104,600

Sec. 112. ACCOUNTABILITY SERVICES

 

 

 

Full-time equated classified positions

63.6

 

 

Accountability services operations--FTEs

63.6

$

14,736,600

GROSS APPROPRIATION

 

$

14,736,600

Appropriated from:

 

 

 


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Federal revenues:

 

 

 

Federal revenues

 

 

12,819,500

State general fund/general purpose

 

$

1,917,100

Sec. 113. SCHOOL SUPPORT SERVICES

 

 

 

Full-time equated classified positions

78.6

 

 

Adolescent and school health

 

$

326,800

School support services operations--FTEs

78.6

 

14,826,400

GROSS APPROPRIATION

 

$

15,153,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,829,300

Special revenue funds:

 

 

 

Commodity distribution fees

 

 

150,000

State general fund/general purpose

 

$

2,173,900

Sec. 114. EDUCATIONAL SUPPORTS

 

 

 

Full-time equated classified positions

84.7

 

 

Educational supports operations--FTEs

84.7

$

17,394,200

Michigan core curriculum

 

 

750,000

GROSS APPROPRIATION

 

$

18,144,200

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

12,941,000

Special revenue funds:

 

 

 

Certification fees

 

 

602,400

State general fund/general purpose

 

$

4,600,800

Sec. 115. CAREER AND TECHNICAL EDUCATION

 

 

 

Full-time equated classified positions

24.0

 

 

Career and technical education operations--FTEs

24.0

$

5,440,300


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GROSS APPROPRIATION

 

$

5,440,300

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

4,052,300

State general fund/general purpose

 

$

1,388,000

Sec. 116. LIBRARY OF MICHIGAN

 

 

 

Full-time equated classified positions

33.0

 

 

Library of Michigan operations--FTEs

31.0

$

5,018,100

Library services and technology program--FTE

1.0

 

5,623,000

Michigan eLibrary--FTE

1.0

 

1,731,000

Renaissance zone reimbursements

 

 

2,200,000

State aid to libraries

 

 

15,567,700

GROSS APPROPRIATION

 

$

30,139,800

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

5,623,000

Special revenue funds:

 

 

 

Library fees

 

 

300,000

State general fund/general purpose

 

$

24,216,800

Sec. 117. PARTNERSHIP DISTRICT SUPPORT

 

 

 

Full-time equated classified positions

13.0

 

 

Partnership district support operations--FTEs

13.0

$

3,583,600

GROSS APPROPRIATION

 

$

3,583,600

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

114,500

State general fund/general purpose

 

$

3,469,100

Sec. 118. ONE-TIME APPROPRIATIONS

 

 

 


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Full-time equated classified positions

2.0

 

 

E rate special construction matching fund

 

$

4,800,000

Family and community engagement

 

 

200,000

Head start background checks

 

 

100,000

Michigan's poet laureate

 

 

100,000

Michigan school for the deaf dorm

 

 

40,000,000

Michigan test for teacher certification

 

 

1,000,000

PRIME schools

 

 

6,000,000

School infrastructure and consolidation administration--FTEs

2.0

 

750,000

Toolkit development

 

 

150,000

Wonderschool

 

 

5,475,000

GROSS APPROPRIATION

 

$

58,575,000

Appropriated from:

 

 

 

Federal revenues:

 

 

 

Federal revenues

 

 

100,000

Special revenue funds:

 

 

 

School aid fund

 

 

40,000,000

State general fund/general purpose

 

$

18,475,000

 

part 2

provisions concerning appropriations

for fiscal year 2023-2024

general sections

Sec. 201. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2023-2024 is $180,724,500.00 and state spending from state sources to be paid to local units of government for fiscal year 2023-2024 is $17,917,700.00. The itemized statement


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below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF EDUCATION

 

 

 

Renaissance zone reimbursements

 

 

2,200,000

School support services operations

 

 

150,000

State aid to libraries

 

 

15,567,700

TOTAL

 

$

17,917,700

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

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

(a) "Department" means the Michigan department of education.

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

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

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

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

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

Sec. 205. Except as otherwise provided in this part, all reports required under this part shall be submitted to the senate


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and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office.

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

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

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

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

Sec. 207. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the state superintendent of public instruction shall take all reasonable steps to ensure geographically disadvantaged business enterprises compete for and perform contracts to provide services or supplies, or both. The state superintendent of public instruction shall strongly encourage firms with which the department contracts to subcontract with geographically disadvantaged business enterprises for services, supplies, or both. As used in this section, "geographically disadvantaged business enterprises" means that term as defined in Executive Directive No. 2019-08.

Sec. 208. Consistent with section 217 of the management and


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budget act, 1984 PA 431, MCL 18.1217, the departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1. 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 department shall submit the report to the senate and house appropriations committees and to report recipients required in section 205 of this part. The report shall include the following information:

(a) The dates of each travel occurrence.

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

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

Sec. 210. Not later than December 15, the state budget office shall prepare and transmit a report that provides estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The state budget office shall transmit the report to the chairpersons of the senate and house appropriations committees and the senate and house


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fiscal agencies.

Sec. 211. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

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

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

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

Sec. 212. (1) Money appropriated in part 1 shall not be used to restrict or impede a marginalized community's access to government resources, programs, or facilities.

(2) From the funds appropriated in part 1, local governments


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shall report any action or policy that attempts to restrict or interfere with the duties of the local health officer.

Sec. 213. The department and agencies receiving appropriations in part 1 shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department:

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

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

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

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

(e) Job specifications and wage rates.

Sec. 214. 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 responsible for the department budget, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.

Sec. 215. The department shall maintain, on a publicly accessible website, information that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance.

Sec. 216. From the funds appropriated in part 1, the


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

Sec. 217. (1) On a quarterly basis, the department shall submit to the report recipients required in section 205 on the number of full-time equated positions in pay status by civil service classification, including the number of full-time equated positions in pay status by civil service classification for each correctional facility. This report must include the following:

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

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

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

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

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

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

Sec. 218. From the funds appropriated in part 1, the


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department may assist DHHS, other departments, intermediate school districts, and local school districts to secure reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department may submit reports of direct expenses related to this effort to DHHS for reimbursement.

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

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

Sec. 221. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, to the joint committee on administrative rules, and to report recipients required in section 205 of this part.

Sec. 222. The department or departmental agency shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service for communicating with a member of the legislature or the member's


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staff, unless the communication is prohibited by law and the department or departmental agency is exercising its authority as provided by law.

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

Sec. 224. To the extent possible, the department shall not expend appropriations in part 1 until all existing work project authorization available for the same purposes is exhausted.

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

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

(b) By February 1, report on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2023, and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2023.

(2) As used in this section, "severance pay" means compensation that is both payable or paid upon the termination of


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employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.

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

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

(a) Utilization of trauma-informed practices.

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

(c) Age-appropriate education and information on sexual abuse prevention.

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

Sec. 231. It is the intent of the legislature that the department maximize the efficiency of the state workforce, and,


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where possible, prioritize in-person work, and post its in-person, remote, or hybrid work policy on its website.

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

Sec. 240. (1) For Michigan school for the deaf dorm, PRIME schools, and Wonderschool, those are for a public purpose and the department shall follow procurement statutes of this state, including any bidding requirements, unless it can fully validate, through information detailed in this part or public supporting documents, both of the following:

(a) The specific organization or unit of local government that will receive or administer the funds.

(b) How the funds will be administered and expended.

(2) Notwithstanding any other conditions or requirements for direct appropriation grants, the department shall perform at least all the following activities to administer the grants described in subsection (1):

(a) Develop a standard application process, grantee reporting requirements, and any other necessary documentation including sponsorship information as specified under subsection (3).

(b) Establish a process to review, complete, and execute a grant agreement with a grant recipient. Grant agreements shall be executed by the department only if all necessary documentation has been submitted and reviewed.

(c) Verify to the extent possible that a grant recipient will


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utilize funds for a public purpose that serves the economic prosperity, health, safety, or general welfare of the residents of this state.

(d) Review and verify all necessary information to ensure the grant recipient is reasonably able to execute the grant agreement and perform its fiduciary duty and is in compliance with all applicable state and federal statutes. The department may deduct the cost of background checks performed as part of this verification from the amount of the designated grant award.

(e) Establish a standard timeline to review all documents submitted by grant recipients and provide a response within 45 business days whether submitted documents by a grant recipient are sufficient or in need of additional information.

(3) A sponsor of a grant described in subsection (1) must be a legislator or the department. A legislative sponsor shall be identified through a letter submitted by that legislator's office to the department and state budget director listing the grant recipient, the intended amount of the grant, a certification from that legislator that the grant is for a public purpose, and specific citation of section and subsection of the public act that authorizes the grant, as applicable. If a legislative sponsor is not identified before January 15, 2024, the department must do 1 of the following:

(a) Identify the department as the sponsor.

(b) Decline to execute the grant agreement.

(4) An executed grant agreement under this section between the department and a grant recipient shall include at least the following:

(a) All necessary identifying information for the grant


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recipient, including any tax and financial information for the department to administer funds under this section.

(b) A description of the project for which the grant funds will be expended, including tentative timelines and the estimated budget. No expenditures outside of the project purpose, as stated in the executed grant agreement, shall be reimbursed from appropriations in part 1.

(c) Unless otherwise specified in department policy, a requirement that funds appropriated for the grants described in subsection (1) may be used only for expenditures that occur on or after the effective date of this act.

(d) At the discretion of the department, an initial disbursement of 50% to the grant recipient upon execution of the grant agreement consistent with part II, chapter 10, section 200 of the Financial Management Guide.

(e) A requirement that after the initial 50% disbursement, additional funds shall be disbursed only after verification that the initial payment has been fully expended, in accordance with the project purpose. The remaining funds shall be disbursed after the grantee has provided sufficient documentation, as determined by the department, to verify that all expenditures were made in accordance with the project purpose.

(f) A requirement for reporting from the recipient to the department that provides the status of the project and an accounting of all funds expended by the recipient, as determined by the department.

(g) A claw-back provision that allows the department of treasury to recoup or otherwise collect any funds that are declined, unspent, or otherwise misused.


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(5) If appropriate to improve the administration or oversight of a grant described in subsection (1), the department may adopt a memorandum of understanding with another state department to perform the required duties under this section.

(6) A grant recipient shall respond to all reasonable information requests from the department related to grant expenditures and retain grant records for a period of not less than 7 years, and the grant may be subject to monitoring, site visits, and audits as determined by the department. The grant agreement required under this section shall include signed assurance by the chief executive officer or other executive officer of the grant recipient that this requirement will be met.

(7) All funds awarded shall be expended by the grant recipient, and projects completed, by September 30, 2028. If, at that time, any unexpended funds remain, those funds shall be returned by the grant recipient to the state treasury. If a grant recipient does not provide information sufficient to execute a grant agreement by June 1, 2024, funds associated with that grant shall be returned to the state treasury.

(8) Any funds that are granted to a state department are appropriated in that department for the purpose of the intended grant.

(9) The state budget director may, on a case-by-case basis, extend the deadline in subsection (7) on request by a grant recipient. The state budget director shall notify the chairs of the house and senate appropriations committees not later than 5 days after an extension is granted.

(10) The department shall post a report in a publicly accessible location on its website not later than September 30,


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2024. The report shall list the grant recipient, project purpose, and location of the project for each grant described in subsection (1), the status of funds allocated and disbursed under the grant agreement, and the legislative sponsor, if applicable.

(11) As applicable, the legislative sponsor of a grant described in subsection (1) shall comply with all applicable laws concerning conflicts of interest in seeking a direct grant. A legislative sponsor shall not seek a grant for a recipient if a conflict of interest exists.

(12) If the department reasonably determines the funds allocated for an executed grant agreement under this section were misused or their use misrepresented by the grant recipient, the department shall not award any additional funds under that executed grant agreement and shall refer the grant for review following internal audit protocols.

 

STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT

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

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

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

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

 

SPECIAL EDUCATION SERVICES

Sec. 350. From the funds in part 1 for special education


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

 

MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

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

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

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


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districts in this state.

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

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

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

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

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

Sec. 409. When conducting a due process hearing resulting from a parent's appeal of that parent's child's individualized education program team's decision on the child's educational placement, a state administrative law judge shall consider designating the


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Michigan School for the Deaf as 1 of the options for the least restrictive environment under federal law for the parent's child who is deaf, deafblind, or hard of hearing.

Sec. 410. From the funds appropriated in part 1 for ASL literacy resources, the department shall expend the funds to comply with all requirements in section 1705 of the revised school code, 1976 PA 451, MCL 380.1705.

 

EDUCATOR EXCELLENCE

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

Sec. 502. The funds appropriated in part 1 for teacher license renewals shall be used to implement a program to waive fees or associated costs for the recruitment and retention of educators.

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

Sec. 504. From the funds appropriated in part 1 for educator recruitment and preparation programs, the department shall award $1,000,000.00 to districts for educator preparation program tuition, program fees, testing fees, and substitute permit costs for any individual employed in grades pre-k to 12 working toward certification or an additional endorsement, and for program costs


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associated with hands-on learning experiences for students in grades 6 to 12 interested in the field of education, with supervision and mentoring from educators who are champions of, and committed to, the success of the profession.

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

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

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

 

SCHOOL SUPPORT SERVICES

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


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Sec. 602. (1) From the funds appropriated in part 1 for school support services operations, there is appropriated $150,000.00 for school board member training. The department shall approve 1 or more training programs for school board members that include courses of instruction for school board members in 1 or more of the following topic areas:

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