STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Wednesday, September
23, 2020.
10:00
a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D. Gilchrist
II.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—excused Nesbitt—present
Senator
Tom Barrett of the 24th District offered the following invocation:
Dear
Lord, thank You for the opportunity to serve You today. Please let our work
here be a reflection of the gratitude we have for the blessings that You’ve
bestowed upon us. Please grant us the wisdom to carry out the best decisions
for the people of our state, knowing that we’ve been entrusted with this
position to act on their behalf and provide praise and glory to You throughout
this entire process.
We
thank You again for all of these blessings. Amen.
The
President, Lieutenant Governor Gilchrist, led the members of the Senate in
recital of the Pledge of Allegiance.
Senator
Schmidt entered the Senate Chamber.
Motions and Communications
The motion prevailed.
Senator
Chang moved that Senators Geiss and Hertel be temporarily excused from today’s
session.
The motion prevailed.
Senator
Chang moved that Senator Hollier be excused from today’s session.
The motion prevailed.
Senators
Lauwers, Stamas, Hertel and Santana entered the Senate Chamber.
The motion prevailed, a majority of the
members serving voting therefor.
The
motion prevailed, a majority of the members serving voting therefor.
Senators
Geiss and LaSata entered the Senate Chamber.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:05 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
During
the recess, Senators Runestad and Nesbitt entered the Senate Chamber.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senate Bill No. 1141, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 43 (MCL 211.43), as amended
by 1994 PA 253.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senator Stamas introduced
Senate Bill No. 1142, entitled
A bill to amend 1966 PA 331, entitled “Community
college act of 1966,” by amending section 144 (MCL 389.144), as amended by
2003 PA 306.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senator Shirkey entered the Senate
Chamber.
Senator Johnson introduced
Senate Bill No. 1143, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending section 558 (MCL 168.558), as amended by 2018 PA
650.
The bill was read a first and second time by
title and referred to the Committee on Elections.
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” (MCL 206.1 to 206.713) by adding section 261.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Finance.
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” (MCL 206.1 to 206.713) by adding section 260.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Finance.
By
unanimous consent the Senate returned to the order of
Messages from the House
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to
750.568) by adding section 464b.
The
House of Representatives has passed the bill, ordered that it be given
immediate effect and pursuant to Joint Rule 20, inserted the full title.
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the full title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
A bill
to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section
465 (MCL 750.465).
The
House of Representatives has substituted (H-1) the bill.
The
House of Representatives has passed the bill as substituted (H-1), ordered that
it be given immediate effect and pursuant to Joint Rule 20, inserted the full
title.
Pending the order that, under rule 3.202, the bill be laid
over one day,
Senator MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the members serving
voting therefor.
The question being on concurring in the substitute made to
the bill by the House,
The substitute was concurred in, a majority of the members serving
voting therefor, as follows:
Roll Call No.
320 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the full title.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
By
unanimous consent the Senate proceeded to the order of
Conference Reports
Senate Bill No. 927
The motion prevailed, a majority of the
members serving voting therefor.
Senator
Stamas submitted the following:
FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference
between the two Houses concerning
Senate Bill No. 927,
entitled
A bill to amend 1979 PA 94, entitled “The state school aid
act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611,
388.1617b, 388.1801, and 388.1836), sections 11 and 236 as amended by 2019 PA
162, section 17b as amended by 2007 PA 137, and section 201 as amended by 2019
PA 52.
Recommends:
First: That the House and Senate agree to the Substitute of
the House as passed by the House, amended to read as follows:
A bill to amend 1979 PA 94, entitled
“The state school aid act of 1979,”
by amending sections 2, 3, 6, 11, 11a, 11d, 11j, 11k, 11m,
11p, 11s, 15, 17c, 18, 18a, 20, 20d, 20f, 21h, 22a, 22b, 22d, 22m, 22p, 24,
24a, 25f, 25g, 26a, 26b, 26c, 28, 31a, 31d, 31f, 31j, 31n, 32d, 32p, 35a, 35b,
39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b, 54d, 55, 56, 61a, 61b, 61d, 62,
65, 67, 74, 81, 94, 94a, 95b, 98, 98a, 99h, 99s, 99t, 99u, 99w, 99x, 101, 104,
105, 105c, 107, 147, 147a, 147c, 147e, 152a, 152b, 163, 201, 202a, 203, 205,
206, 207a, 207b, 207c, 209, 209a, 217, 222, 223, 226, 229, 229a, 230, 236,
236b, 236c, 237b, 238, 241, 242, 245, 245a, 256, 263, 264, 265, 265b, 267, 268,
269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 289, and 296 (MCL 388.1602,
388.1603, 388.1606, 388.1611, 388.1611a, 388.1611d, 388.1611j, 388.1611k,
388.1611m, 388.1611p, 388.1611s, 388.1615, 388.1617c, 388.1618, 388.1618a,
388.1620, 388.1620d, 388.1620f, 388.1621h, 388.1622a, 388.1622b, 388.1622d,
388.1622m, 388.1622p, 388.1624, 388.1624a, 388.1625f, 388.1625g, 388.1626a,
388.1626b, 388.1626c, 388.1628, 388.1631a, 388.1631d, 388.1631f, 388.1631j,
388.1631n, 388.1632d, 388.1632p, 388.1635a, 388.1635b, 388.1639, 388.1639a,
388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1651f, 388.1653a, 388.1654,
388.1654b, 388.1654d, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1661d, 388.1662,
388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695b,
388.1698, 388.1698a, 388.1699h, 388.1699s, 388.1699t, 388.1699u, 388.1699w,
388.1699x, 388.1701, 388.1704, 388.1705, 388.1705c, 388.1707, 388.1747,
388.1747a, 388.1747c, 388.1747e, 388.1752a, 388.1752b, 388.1763, 388.1801,
388.1802a, 388.1803, 388.1805, 388.1806, 388.1807a, 388.1807b, 388.1807c,
388.1809, 388.1809a, 388.1817, 388.1822, 388.1823, 388.1826, 388.1829,
388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1837b, 388.1838,
388.1841, 388.1842, 388.1845, 388.1845a, 388.1856, 388.1863, 388.1864,
388.1865, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870, 388.1875,
388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1889,
and 388.1896), section 2 as amended by 2018 PA 227, sections 3, 203, 222, 223,
237b, and 275 as amended by 2017 PA 108, sections 6, 11p, and 104 as amended by
2020 PA 149, sections 11, 11m, 20, 22a, 22b, 26c, 31j, 32d, 51a, 51c, 61a, 94a,
95b, 99h, 147c, 147e, 201, 236, and 256 as amended by 2020 PA 146, sections
11a, 11j, 11k, 11s, 15, 18, 20d, 20f, 21h, 22m, 22p, 24, 24a, 26a, 26b, 31d,
31f, 31n, 32p, 39, 39a, 41, 51d, 53a, 54, 54b, 56, 61b, 61d, 62, 65, 67, 74,
81, 94, 98, 99s, 107, 147, 147a, and 152a as amended by 2019 PA 58, section 11d
as added by 2020 PA 146, sections 17c, 35b, and 99u as amended by 2018 PA 586,
section 18a as amended by 2015 PA 85, sections 22d, 25f, 25g, 31a, and 35a as
amended by 2019 PA 162, section 54d as amended and sections 28 and 51f as added
by 2019 PA 58, sections 55, 99t, 152b, 226, and 229 as amended by 2018 PA 265,
section 98a as added by 2020 PA 149, sections 99w and 99x as added by 2018 PA
586, section 101 as amended by 2020 PA 148, sections 105 and 105c as amended by
2008 PA 268, section 163 as amended by 2018 PA 266, section 202a as amended by
2016 PA 249, sections 205, 238, and 242 as amended by 2012 PA 201, sections
206, 207a, 207b, 207c, 209, 209a, 217, 229a, and 230 as amended by 2019 PA 52,
sections 236b, 236c, 241, 245, 245a, 263, 264, 265, 265b, 267, 268, 269, 270,
276, 277, 278, 279, 280, 281, 282, and 289 as amended by 2019 PA 62, and
section 296 as added by 2011 PA 62, and by adding sections 25i, 25j, 29a,
31k, 35d, 35e, 35f, 67a, 94b, 98d, 99i, 99z, 104f, 104g, 226a, 226b, 226d,
226e, 259, 260, 270b, 270c, 275f, 275g, 275h, 275i, and 281a; and to repeal
acts and parts of acts.
The
people of the state of michigan enact:
Sec. 2. As used in this
article , and article IV , and article V, the words and phrases defined in sections
3 to 6 have the meanings ascribed to them in those sections.
Sec. 3. (1) “Average
daily attendance”, for the purposes of complying with federal law, means 92% of
the pupils counted in membership on the pupil membership count day, as defined
in section 6(7).
(2) “Board”
means the governing body of a district or public school academy.
(3) “Center”
means the center for educational performance and information created in section
94a.
(4) “Community
district” means a school district organized under part 5b of the revised school
code.
(5) “Cooperative
education program” means a written voluntary agreement between and among
districts to provide certain educational programs for pupils in certain groups
of districts. The written agreement shall must be approved by all affected districts at least annually and shall
must specify the educational
programs to be provided and the estimated number of pupils from each district
who will participate in the educational programs.
(6) “Department”,
except in section 107, as
otherwise provided in this article, means the department of education.
(7) “District”
means a local school district established under the revised school code or,
except in sections 6(4), 6(6), 13, 20, 22a, 22p, 31a, 51a(14), 105, 105c, and 166b, a public school academy.
Except in section 20, district also includes a community district.
(8) “District
of residence”, except as otherwise provided in this subsection, means the
district in which a pupil’s custodial parent or parents or legal guardian
resides. For a pupil described in section 24b, the pupil’s district of
residence is the district in which the pupil enrolls under that section. For a
pupil described in section 6(4)(d), the pupil’s district of residence shall
be is considered to be the
district or intermediate district in which the pupil is counted in membership
under that section. For a pupil under court jurisdiction who is placed outside
the district in which the pupil’s custodial parent or parents or legal guardian
resides, the pupil’s district of residence shall be is considered to be the educating district or educating
intermediate district.
(9) “District
superintendent” means the superintendent of a district or the chief
administrator of a public school academy.
Sec.
6. (1) “Center program” means a program operated by a district or by an
intermediate district for special education pupils from several districts in
programs for pupils with autism spectrum disorder, pupils with severe cognitive
impairment, pupils with moderate cognitive impairment, pupils with severe multiple
impairments, pupils with hearing impairment, pupils with visual impairment, and
pupils with physical impairment or other health impairment. Programs for pupils
with emotional impairment housed in buildings that do not serve regular
education pupils also qualify. Unless otherwise approved by the department, a
center program either serves all constituent districts within an intermediate
district or serves several districts with less than 50% of the pupils residing
in the operating district. In addition, special education center program pupils
placed part-time in noncenter programs to comply with the least restrictive
environment provisions of section 1412 of the individuals with disabilities
education act, 20 USC 1412, may be considered center program pupils for pupil
accounting purposes for the time scheduled in either a center program or a
noncenter program.
(2) “District and high
school graduation rate” means the annual completion and pupil dropout rate that
is calculated by the center pursuant to nationally recognized standards.
(3) “District and high
school graduation report” means a report of the number of pupils, excluding
adult education participants, in the district for the immediately preceding
school year, adjusted for those pupils who have transferred into or out of the
district or high school, who leave high school with a diploma or other
credential of equal status.
(4) “Membership”, except
as otherwise provided in this subsection and or this article, means for a district, a public school academy, or
an intermediate district the sum of the product of .90 times the number of
full-time equated pupils in grades K to 12 actually enrolled and in regular
daily attendance in the district, public school academy, or intermediate
district on the pupil membership count day for the current school year, plus
the product of .10 times the final audited count from the supplemental count
day of full-time equated pupils in grades K to 12 actually enrolled and in
regular daily attendance in the district, public school academy, or
intermediate district for the immediately preceding school year. A district’s,
public school academy’s, or intermediate district’s membership is adjusted as
provided under section 25e for pupils who enroll after the pupil membership
count day in a strict discipline academy operating under sections 1311b to
1311m of the revised school code, MCL 380.1311b to 380.1311m. However,
except as otherwise provided in this subsection, for a community district,
membership means the sum of the product of .90 times the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily
attendance in the community district on the pupil membership count day for the
current school year, plus the product of .10 times the final audited count from
the supplemental count day of full-time equated pupils in grades K to 12
actually enrolled and in regular daily attendance in the community district for
the immediately preceding school year. For 2020-2021 only, membership means
for a district, a public school academy, or
an intermediate district, or a community district, the sum of the
product of .75 times the district’s, public school academy’s, or intermediate district’s , or community district’s 2019-2020
membership as calculated under this section in 2019-2020 and the product of .25
times [the sum of (the product of .90 times the number of full-time equated
pupils engaged in pandemic learning for fall 2020 or, for a public school
academy that operates as a cyber school, as that term is defined in section 551
of the revised school code, MCL 380.551, the number of full-time equated pupils
in grades K to 12 actually enrolled and in regular daily attendance in the
public school academy on pupil membership count day for the current school year) and (the product of .10 times the
final audited count from the supplemental count day of full-time equated pupils
in grades K to 12 actually enrolled and in regular daily attendance in the
district, public school academy, or intermediate
district , or community district for
the immediately preceding school year)]. All pupil counts used in this
subsection are as determined by the department and calculated by adding the
number of pupils registered for attendance plus pupils received by transfer and
minus pupils lost as defined by rules promulgated by the superintendent, and as
corrected by a subsequent department audit. The amount of the foundation
allowance for a pupil in membership is determined under section 20. In making
the calculation of membership, all of the following, as applicable, apply to
determining the membership of a district, a public school academy, or an
intermediate district:
(a) Except as otherwise
provided in this subsection, and pursuant to subsection (6), a pupil is counted
in membership in the pupil’s educating district or districts. An individual
pupil shall must not be
counted for more than a total of 1.0 full-time equated membership.
(b) If a pupil is
educated in a district other than the pupil’s district of residence, if the
pupil is not being educated as part of a cooperative education program, if the
pupil’s district of residence does not give the educating district its approval
to count the pupil in membership in the educating district, and if the pupil is
not covered by an exception specified in subsection (6) to the requirement that
the educating district must have the approval of the pupil’s district of
residence to count the pupil in membership, the pupil is not counted in
membership in any district.
(c) A special education
pupil educated by the intermediate district is counted in membership in the
intermediate district.
(d) A pupil placed by a
court or state agency in an on-grounds program of a juvenile detention
facility, a child caring institution, or a mental health institution, or a
pupil funded under section 53a, is counted in membership in the district or
intermediate district approved by the department to operate the program.
(e) A pupil enrolled in
the Michigan Schools for the Deaf and Blind is counted in membership in the pupil’s
intermediate district of residence.
(f) A pupil enrolled in
a career and technical education program supported by a millage levied over an
area larger than a single district or in an area vocational-technical education
program established under section 690 of the revised school code, MCL
380.690, is counted in membership only in the pupil’s district of residence.
(g) A pupil enrolled in
a public school academy is counted in membership in the public school academy.
(h) For the purposes of
this section and section 6a, for a cyber school, as that term is defined in
section 551 of the revised school code, MCL 380.551, that is in compliance
with section 553a of the revised school code, MCL 380.553a, a pupil’s
participation in the cyber school’s educational program is considered regular
daily attendance, and for a district or public school academy, a pupil’s
participation in a virtual course as that term is defined in section 21f is
considered regular daily attendance. For the purposes of this subdivision, for
a pupil enrolled in a cyber school and utilizing sequential learning,
participation means that term as defined in the pupil accounting manual,
section 5-o-d: requirements for counting pupils in membership-subsection 10.
(i) For a new district
or public school academy beginning its operation after December 31, 1994,
membership for the first 2 full or partial fiscal years of operation is
determined as follows:
(i) Except as otherwise provided in this subparagraph, if operations
begin before the pupil membership count day for the fiscal year, membership is
the average number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance on the pupil membership count day for
the current school year and on the supplemental count day for the current
school year, as determined by the department and calculated by adding the
number of pupils registered for attendance on the pupil membership count day
plus pupils received by transfer and minus pupils lost as defined by rules
promulgated by the superintendent, and as corrected by a subsequent department
audit, plus the final audited count from the supplemental count day for the
current school year, and dividing that sum by 2. However, for 2020-2021 only,
if operations begin before the pupil membership count day for the fiscal year,
except for a public school academy that operates as a cyber school, as that
term is defined in section 551 of the revised school code, MCL 380.551,
membership is the average number of full-time equated pupils engaged in
pandemic learning for fall 2020 and full-time equated pupils engaged in
pandemic learning for spring 2021, as that term is defined in section 6a, as
determined by the department and calculated by adding the number of pupils
registered for attendance on the pupil membership count day plus pupils
received by transfer and minus pupils lost as defined by rules promulgated by
the superintendent, and as corrected by a subsequent department audit, plus the
final audited count from the supplemental count day for the current school
year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day for
the fiscal year and not later than the supplemental count day for the fiscal
year, membership is the final audited count of the number of full-time equated
pupils in grades K to 12 actually enrolled and in regular daily attendance on
the supplemental count day for the current school year, but, for 2020-2021
only, except for a public school academy that operates as a cyber school, as
that term is defined in section 551 of the revised school code, MCL 380.551,
membership is the final audited count of the number of full-time equated pupils
engaged in pandemic learning for spring 2021, as that term is defined in
section 6a.
(j) If a district is the
authorizing body for a public school academy, then, in the first school year in
which pupils are counted in membership on the pupil membership count day in the
public school academy, the determination of the district’s membership excludes
from the district’s pupil count for the immediately preceding supplemental
count day any pupils who are counted in the public school academy on that first
pupil membership count day who were also counted in the district on the
immediately preceding supplemental count day.
(k) For an extended
school year program approved by the superintendent, a pupil enrolled, but not
scheduled to be in regular daily attendance, on a pupil membership count day,
is counted in membership.
(l) To be counted in membership, a pupil must meet the minimum age
requirement to be eligible to attend school under section 1147 of the revised
school code, MCL 380.1147, or must be enrolled under subsection (3) of
that section, and must be less than 20 years of age on September 1 of the
school year except as follows:
(i) A special education pupil who is
enrolled and receiving instruction in a special education program or service
approved by the department, who does not have a high school diploma, and who is
less than 26 years of age as of September 1 of the current school year is counted
in membership.
(ii) A pupil who is determined by the
department to meet all of the following may be counted in membership:
(A) Is
enrolled in a public school academy or an alternative education high school
diploma program, that is primarily focused on educating pupils with extreme
barriers to education, such as being homeless as defined under 42 USC 11302.
(B)
Had dropped out of school.
(C) Is
less than 22 years of age as of September 1 of the current school year.
(iii) If a child does not meet the minimum
age requirement to be eligible to attend school for that school year under
section 1147 of the revised school code, MCL 380.1147, but will be 5 years of
age not later than December 1 of that school year, the district may count the
child in membership for that school year if the parent or legal guardian has
notified the district in writing that he or she intends to enroll the child in
kindergarten for that school year.
(m) An
individual who has achieved a high school diploma is not counted in membership.
An individual who has achieved a high school equivalency certificate is not
counted in membership unless the individual is a student with a disability as
that term is defined in R 340.1702 of the Michigan Administrative Code. An
individual participating in a job training program funded under former section
107a or a jobs program funded under former section 107b, administered by the
department of labor and economic opportunity, or participating in any successor
of either of those 2 programs, is not counted in membership.
(n) If
a pupil counted in membership in a public school academy is also educated by a
district or intermediate district as part of a cooperative education program,
the pupil is counted in membership only in the public school academy unless a
written agreement signed by all parties designates the party or parties in
which the pupil is counted in membership, and the instructional time scheduled
for the pupil in the district or intermediate district is included in the
full-time equated membership determination under subdivision (q) and section
101. However, for pupils receiving instruction in both a public school academy
and in a district or intermediate district but not as a part of a cooperative
education program, the following apply:
(i) If the public school academy provides
instruction for at least 1/2 of the class hours required under section 101, the
public school academy receives as its prorated share of the full-time equated
membership for each of those pupils an amount equal to 1 times the product of
the hours of instruction the public school academy provides divided by the
number of hours required under section 101 for full-time equivalency, and the
remainder of the full-time membership for each of those pupils is allocated to
the district or intermediate district providing the remainder of the hours of
instruction.
(ii) If the public school academy
provides instruction for less than 1/2 of the class hours required under
section 101, the district or intermediate district providing the remainder of
the hours of instruction receives as its prorated share of the full-time
equated membership for each of those pupils an amount equal to 1 times the
product of the hours of instruction the district or intermediate district
provides divided by the number of hours required under section 101 for
full-time equivalency, and the remainder of the full-time membership for each
of those pupils is allocated to the public school academy.
(o) An
individual less than 16 years of age as of September 1 of the current school
year who is being educated in an alternative education program is not counted
in membership if there are also adult education participants being educated in
the same program or classroom.
(p)
The department shall give a uniform interpretation of full-time and part-time
memberships.
(q)
The number of class hours used to calculate full-time equated memberships must
be consistent with section 101. In determining full-time equated memberships
for pupils who are enrolled in a postsecondary institution or for pupils
engaged in an internship or work experience under section 1279h of the revised
school code, MCL 380.1279h, a pupil is not considered to be less than a
full-time equated pupil solely because of the effect of his or her
postsecondary enrollment or engagement in the internship or work experience,
including necessary travel time, on the number of class hours provided by the
district to the pupil.
(r)
Full-time equated memberships for pupils in kindergarten are determined by
dividing the number of instructional hours scheduled and provided per year per
kindergarten pupil by the same number used for determining full-time equated
memberships for pupils in grades 1 to 12. However, to the extent allowable under
federal law, for a district or public school academy that provides evidence
satisfactory to the department that it used federal title I money in the 2
immediately preceding school fiscal years to fund full‑time kindergarten,
full-time equated memberships for pupils in kindergarten are determined by
dividing the number of class hours scheduled and provided per year per
kindergarten pupil by a number equal to 1/2 the number used for determining
full-time equated memberships for pupils in grades 1 to 12. The change in the
counting of full-time equated memberships for pupils in kindergarten that took
effect for 2012-2013 is not a mandate.
(s)
For a district or a public school academy that has pupils enrolled in a grade
level that was not offered by the district or public school academy in the immediately
preceding school year, the number of pupils enrolled in that grade level to be
counted in membership is the average of the number of those pupils enrolled and
in regular daily attendance on the pupil membership count day and the
supplemental count day of the current school year, but, for 2020-2021 only,
except for a public school academy that operates as a cyber school, as that
term is defined in section 551 of the revised school code, MCL 380.551, the
number of pupils enrolled in that grade level to be counted in membership is
the average of the number of those pupils engaged in pandemic learning for fall
2020 and the number of those pupils engaged in pandemic learning for spring
2021, as that term is defined in section 6a, as determined by the department.
Membership is calculated by adding the number of pupils registered for
attendance in that grade level on the pupil membership count day plus pupils
received by transfer and minus pupils lost as defined by rules promulgated by
the superintendent, and as corrected by subsequent department audit, plus the
final audited count from the supplemental count day for the current school
year, and dividing that sum by 2.
(t) A
pupil enrolled in a cooperative education program may be counted in membership
in the pupil’s district of residence with the written approval of all parties
to the cooperative agreement.
(u)
If, as a result of a disciplinary action, a district determines through the
district’s alternative or disciplinary education program that the best instructional
placement for a pupil is in the pupil’s home or otherwise apart from the
general school population, if that placement is authorized in writing by the
district superintendent and district alternative or disciplinary education
supervisor, and if the district provides appropriate instruction as described
in this subdivision to the pupil at the pupil’s home or otherwise apart from
the general school population, the district may count the pupil in membership
on a pro rata basis, with the proration based on the number of hours of
instruction the district actually provides to the pupil divided by the number
of hours required under section 101 for full-time equivalency. For the purposes
of this subdivision, a district is considered to be providing appropriate
instruction if all of the following are met:
(i) The district provides at least 2
nonconsecutive hours of instruction per week to the pupil at the pupil’s home
or otherwise apart from the general school population under the supervision of
a certificated teacher.
(ii) The district provides instructional
materials, resources, and supplies that are comparable to those otherwise
provided in the district’s alternative education program.
(iii) Course content is comparable to
that in the district’s alternative education program.
(iv) Credit earned is awarded to the
pupil and placed on the pupil’s transcript.
(v) If
a pupil was enrolled in a public school academy on the pupil membership count
day, if the public school academy’s contract with its authorizing body is
revoked or the public school academy otherwise ceases to operate, and if the
pupil enrolls in a district within 45 days after the pupil membership count
day, the department shall adjust the district’s pupil count for the pupil
membership count day to include the pupil in the count.
(w)
For a public school academy that has been in operation for at least 2 years and
that suspended operations for at least 1 semester and is resuming operations,
membership is the sum of the product of .90 times the number of full-time
equated pupils in grades K to 12 actually enrolled and in regular daily
attendance on the first pupil membership count day or supplemental count day,
whichever is first, occurring after operations resume, plus the product of .10
times the final audited count from the most recent pupil membership count day
or supplemental count day that occurred before suspending operations, as
determined by the superintendent, but, for 2020-2021 only, except for a public
school academy that operates as a cyber school, as that term is defined in
section 551 of the revised school code, MCL 380.551, membership is the sum of
the product of .90 times the number of full-time equated pupils engaged in
pandemic learning for fall 2020 or the number of full-time equated pupils
engaged in pandemic learning for spring 2021, as that term is defined in
section 6a, whichever applies first after operations resume, plus the product
of .10 times the final audited count from the most recent pupil membership
count day or supplemental count day that occurred before suspending operations,
as determined by the superintendent.
(x) If a district’s
membership for a particular fiscal year, as otherwise calculated under this
subsection, would be less than 1,550 pupils,
and the district has 4.5 or fewer pupils per square mile, as determined
by the department, and if the district does not receive funding under
section 22d(2), the district’s membership is considered to be the membership
figure calculated under this subdivision. If a district educates and counts in
its membership pupils in grades 9 to 12 who reside in a contiguous district
that does not operate grades 9 to 12 and if 1 or both of the affected districts
request the department to use the determination allowed under this sentence,
the department shall include the square mileage of both districts in
determining the number of pupils per square mile for each of the districts for
the purposes of this subdivision. If a
district has established a community engagement advisory committee in
partnership with the department of treasury, is required to submit a deficit
elimination plan or an enhanced deficit elimination plan under section 1220 of
the revised school code, MCL 380.1220, and is located in a city with a
population between 9,000 and 11,000 that is in a county with a population
between 155,000 and 160,000, the district’s membership is considered to be the
membership figure calculated under this subdivision. The membership figure
calculated under this subdivision is the greater of the following:
(i) The average of the district’s membership for the 3-fiscal-year
period ending with that fiscal year, calculated by adding the district’s actual
membership for each of those 3 fiscal years, as otherwise calculated under this
subsection, and dividing the sum of those 3 membership figures by 3.
(ii) The district’s actual membership for that fiscal year as
otherwise calculated under this subsection.
(y) Full-time equated
memberships for special education pupils who are not enrolled in kindergarten
but are enrolled in a classroom program under R 340.1754 of the Michigan
Administrative Code are determined by dividing the number of class hours
scheduled and provided per year by 450. Full-time equated memberships for special
education pupils who are not enrolled in kindergarten but are receiving early
childhood special education services under R 340.1755 or R 340.1862 of the
Michigan Administrative Code are determined by dividing the number of hours of
service scheduled and provided per year per-pupil by 180.
(z) A pupil of a
district that begins its school year after Labor Day who is enrolled in an
intermediate district program that begins before Labor Day is not considered to
be less than a full-time pupil solely due to instructional time scheduled but
not attended by the pupil before Labor Day.
(aa) For the first year
in which a pupil is counted in membership on the pupil membership count day in
a middle college program, the membership is the average of the full-time equated
membership on the pupil membership count day and on the supplemental count day
for the current school year, as determined by the department. If a pupil
described in this subdivision was counted in membership by the operating
district on the immediately preceding supplemental count day, the pupil is
excluded from the district’s immediately preceding supplemental count for the
purposes of determining the district’s membership.
(bb) A district or
public school academy that educates a pupil who attends a United States Olympic
Education Center may count the pupil in membership regardless of whether or not
the pupil is a resident of this state.
(cc) A pupil enrolled in
a district other than the pupil’s district of residence under section 1148(2)
of the revised school code, MCL 380.1148, is counted in the educating district.
(dd) For a pupil
enrolled in a dropout recovery program that meets the requirements of section
23a, the pupil is counted as 1/12 of a full-time equated membership for each
month that the district operating the program reports that the pupil was
enrolled in the program and was in full attendance. However, if the special
membership counting provisions under this subdivision and the operation of the
other membership counting provisions under this subsection result in a pupil
being counted as more than 1.0 FTE in a fiscal year, the payment made for the
pupil under sections 22a and 22b must not be based on more than 1.0 FTE for
that pupil, and any portion of an FTE for that pupil that exceeds 1.0 is
instead paid under section 25g. The district operating the program shall report
to the center the number of pupils who were enrolled in the program and were in
full attendance for a month not later than 30 days after the end of the month.
A district shall not report a pupil as being in full attendance for a month
unless both of the following are met:
(i) A personalized learning plan is in place on or before the first
school day of the month for the first month the pupil participates in the
program.
(ii) The pupil meets the district’s definition under section 23a of
satisfactory monthly progress for that month or, if the pupil does not meet
that definition of satisfactory monthly progress for that month, the pupil did
meet that definition of satisfactory monthly progress in the immediately
preceding month and appropriate interventions are implemented within 10 school
days after it is determined that the pupil does not meet that definition of
satisfactory monthly progress.
(ee) A pupil
participating in a virtual course under section 21f is counted in membership in
the district enrolling the pupil.
(ff) If a public school
academy that is not in its first or second year of operation closes at the end
of a school year and does not reopen for the next school year, the department
shall adjust the membership count of the district or other public school
academy in which a former pupil of the closed public school academy enrolls and
is in regular daily attendance for the next school year to ensure that the
district or other public school academy receives the same amount of membership
aid for the pupil as if the pupil were counted in the district or other public
school academy on the supplemental count day of the preceding school year.
(gg)
If a special education pupil is expelled under section 1311 or 1311a of the
revised school code, MCL 380.1311 and 380.1311a, and is not in attendance
on the pupil membership count day because of the expulsion, and if the pupil
remains enrolled in the district and resumes regular daily attendance during
that school year, the district’s membership is adjusted to count the pupil in
membership as if he or she had been in attendance on the pupil membership count
day.
(hh) A
pupil enrolled in a community district is counted in membership in the
community district.
(ii) A
part-time pupil enrolled in a nonpublic school in grades K to 12 in accordance
with section 166b shall must not
be counted as more than 0.75 of a full-time equated membership.
(jj) A
district that borders another state or a public school academy that operates at
least grades 9 to 12 and is located within 20 miles of a border with another
state may count in membership a pupil who is enrolled in a course at a college
or university that is located in the bordering state and within 20 miles of the
border with this state if all of the following are met:
(i) The pupil would meet the definition
of an eligible student under the postsecondary enrollment options act, 1996 PA
160, MCL 388.511 to 388.524, if the course were an eligible course under that
act.
(ii) The course in which the pupil is
enrolled would meet the definition of an eligible course under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, if
the course were provided by an eligible postsecondary institution under that
act.
(iii) The department determines that the
college or university is an institution that, in the other state, fulfills a
function comparable to a state university or community college, as those terms
are defined in section 3 of the postsecondary enrollment options act, 1996 PA
160, MCL 388.513, or is an independent nonprofit degree-granting college or
university.
(iv) The district or public school
academy pays for a portion of the pupil’s tuition at the college or university
in an amount equal to the eligible charges that the district or public school
academy would pay to an eligible postsecondary institution under the
postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524,
as if the course were an eligible course under that act.
(v) The district or public school academy
awards high school credit to a pupil who successfully completes a course as
described in this subdivision.
(kk) A
pupil enrolled in a middle college program may be counted for more than a total
of 1.0 full-time equated membership if the pupil is enrolled in more than the
minimum number of instructional days and hours required under section 101 and
the pupil is expected to complete the 5-year program with both a high school
diploma and at least 60 transferable college credits or is expected to earn an
associate’s degree in fewer than 5 years.
(ll) If a district’s or public school
academy’s membership for a particular fiscal year, as otherwise calculated
under this subsection, includes pupils counted in membership who are enrolled
under section 166b, all of the following apply for the purposes of this
subdivision:
(i) If the district’s or public school
academy’s membership for pupils counted under section 166b equals or exceeds 5%
of the district’s or public school academy’s membership for pupils not counted
in membership under section 166b in the immediately preceding fiscal year, then
the growth in the district’s or public school academy’s membership for pupils
counted under section 166b must not exceed 10%.
(ii) If the district’s or public school
academy’s membership for pupils counted under section 166b is less than 5% of
the district’s or public school academy’s membership for pupils not counted in
membership under section 166b in the immediately preceding fiscal year, then
the district’s or public school academy’s membership for pupils counted under
section 166b must not exceed the greater of the following:
(A) 5%
of the district’s or public school academy’s membership for pupils not counted
in membership under section 166b.
(B)
10% more than the district’s or public school academy’s membership for pupils
counted under section 166b in the immediately preceding fiscal year.
(iii) If 1 or more districts consolidate
or are parties to an annexation, then the calculations under subparagraphs (i) and (ii) must be applied to the combined total membership for pupils
counted in those districts for the fiscal year immediately preceding the
consolidation or annexation.
(5) “Public
school academy” means that term as defined in section 5 of the revised school
code, MCL 380.5.
(6) “Pupil”
means an individual in membership in a public school. A district must have the
approval of the pupil’s district of residence to count the pupil in membership,
except approval by the pupil’s district of residence is not required for any of
the following:
(a) A
nonpublic part-time pupil enrolled in grades K to 12 in accordance with section
166b.
(b) A
pupil receiving 1/2 or less of his or her instruction in a district other than
the pupil’s district of residence.
(c) A
pupil enrolled in a public school academy.
(d) A
pupil enrolled in a district other than the pupil’s district of residence under
an intermediate district schools of choice pilot program as described in
section 91a or former section 91 if the intermediate district and its
constituent districts have been exempted from section 105.
(e) A
pupil enrolled in a district other than the pupil’s district of residence if
the pupil is enrolled in accordance with section 105 or 105c.
(f) A
pupil who has made an official written complaint or whose parent or legal guardian
has made an official written complaint to law enforcement officials and to
school officials of the pupil’s district of residence that the pupil has been
the victim of a criminal sexual assault or other serious assault, if the
official complaint either indicates that the assault occurred at school or that
the assault was committed by 1 or more other pupils enrolled in the school the
pupil would otherwise attend in the district of residence or by an employee of
the district of residence. A person who intentionally makes a false report of a
crime to law enforcement officials for the purposes of this subdivision is
subject to section 411a of the Michigan penal code, 1931 PA 328, MCL 750.411a,
which provides criminal penalties for that conduct. As used in this
subdivision:
(i) “At school” means in a classroom,
elsewhere on school premises, on a school bus or other school-related vehicle,
or at a school-sponsored activity or event whether or not it is held on school
premises.
(ii) “Serious assault” means an act that
constitutes a felony violation of chapter XI of the Michigan penal code, 1931
PA 328, MCL 750.81 to 750.90h, or that constitutes an assault and infliction of
serious or aggravated injury under section 81a of the Michigan penal code, 1931
PA 328, MCL 750.81a.
(g) A
pupil whose district of residence changed after the pupil membership count day
and before the supplemental count day and who continues to be enrolled on the
supplemental count day as a nonresident in the district in which he or she was
enrolled as a resident on the pupil membership count day of the same school
year.
(h) A
pupil enrolled in an alternative education program operated by a district other
than his or her district of residence who meets 1 or more of the following:
(i) The pupil has been suspended or
expelled from his or her district of residence for any reason, including, but
not limited to, a suspension or expulsion under section 1310, 1311, or 1311a of
the revised school code, MCL 380.1310, 380.1311, and 380.1311a.
(ii) The pupil had previously dropped out
of school.
(iii) The pupil is pregnant or is a
parent.
(iv) The pupil has been referred to the
program by a court.
(i) A
pupil enrolled in the Michigan Virtual School, for the pupil’s enrollment in
the Michigan Virtual School.
(j) A
pupil who is the child of a person who works at the district or who is the
child of a person who worked at the district as of the time the pupil first
enrolled in the district but who no longer works at the district due to a
workforce reduction. As used in this subdivision, “child” includes an adopted
child, stepchild, or legal ward.
(k) An
expelled pupil who has been denied reinstatement by the expelling district and
is reinstated by another school board under section 1311 or 1311a of the
revised school code, MCL 380.1311 and 380.1311a.
(l) A pupil enrolled in a district other
than the pupil’s district of residence in a middle college program if the pupil’s
district of residence and the enrolling district are both constituent districts
of the same intermediate district.
(m) A pupil
enrolled in a district other than the pupil’s district of residence who attends
a United States Olympic Education Center.
(n) A
pupil enrolled in a district other than the pupil’s district of residence under
section 1148(2) of the revised school code, MCL 380.1148.
(o) A
pupil who enrolls in a district other than the pupil’s district of residence as
a result of the pupil’s school not making adequate yearly progress under the no
child left behind act of 2001, Public Law 107-110, or the every student succeeds
act, Public Law 114-95.
However,
if a district educates pupils who reside in another district and if the primary
instructional site for those pupils is established by the educating district
after 2009-2010 and is located within the boundaries of that other district,
the educating district must have the approval of that other district to count
those pupils in membership.
(7) “Pupil
membership count day” of a district or intermediate district means:
(a)
Except as provided in subdivision (b), the first Wednesday in October each
school year or, for a district or building in which school is not in session on
that Wednesday due to conditions not within the control of school authorities,
with the approval of the superintendent, the immediately following day on which
school is in session in the district or building. A district is considered to
be in session for purposes of this subdivision when the district is providing
pupil instruction pursuant to an extended COVID-19 learning plan approved under
section 98a.
(b)
For a district or intermediate district maintaining school during the entire
school year, the following days:
(i) Fourth Wednesday in July.
(ii) First Wednesday in October.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) “Pupils
in grades K to 12 actually enrolled and in regular daily attendance” means
pupils in grades K to 12 in attendance and receiving instruction in all classes
for which they are enrolled on the pupil membership count day or the
supplemental count day, as applicable. Except as otherwise provided in this
subsection, a pupil who is absent from any of the classes in which the pupil is
enrolled on the pupil membership count day or supplemental count day and who
does not attend each of those classes during the 10 consecutive school days
immediately following the pupil membership count day or supplemental count day,
except for a pupil who has been excused by the district, is not counted as 1.0
full-time equated membership. A pupil who is excused from attendance on the
pupil membership count day or supplemental count day and who fails to attend
each of the classes in which the pupil is enrolled within 30 calendar days
after the pupil membership count day or supplemental count day is not counted
as 1.0 full-time equated membership. In addition, a pupil who was enrolled and
in attendance in a district, intermediate district, or public school academy
before the pupil membership count day or supplemental count day of a particular
year but was expelled or suspended on the pupil membership count day or
supplemental count day is only counted as 1.0 full-time equated membership if
the pupil resumed attendance in the district, intermediate district, or public
school academy within 45 days after the pupil membership count day or
supplemental count day of that particular year. A pupil not counted as 1.0
full-time equated membership due to an absence from a class is counted as a
prorated membership for the classes the pupil attended. For purposes of this
subsection, “class” means a period of time in 1 day when pupils and a
certificated teacher, a teacher engaged to teach under section 1233b of the
revised school code, MCL 380.1233b, or an individual working under a valid an individual who is appropriately placed
under a valid certificate, substitute permit, authorization, or approval
issued by the department, are together and instruction is taking place.
(9) “Pupils
engaged in pandemic learning for fall 2020” means pupils in grades K to 12 who
are enrolled in a district, excluding a district that operates as a cyber
school, as that term is defined in section 551 of the revised school code, MCL
380.551, or intermediate district and to which any of the following apply:
(a) For
a pupil who is not learning sequentially, any of the following occurs for each
of the pupil’s scheduled courses:
(i) The pupil attends a live lesson from
the pupil’s teacher or at least 1 of the pupil’s teachers on 2020-2021 pupil
membership count day.
(ii) The pupil logs into an online or
virtual lesson or lesson activity on 2020-2021 pupil membership count day and
the login can be documented by the district or intermediate district.
(iii) The pupil and the pupil’s teacher
or at least 1 of the pupil’s teachers engage in a subject-oriented telephone
conversation on 2020-2021 pupil membership count day.
(iv) The district or intermediate
district documents that an electronic mail dialogue occurred between the pupil
and the pupil’s teacher or at least 1 of the pupil’s teachers on 2020-2021
pupil membership count day.
(b)
For a pupil who is using sequential learning, any of the following occurs for
each of the pupil’s scheduled courses:
(i) The pupil attends a virtual course
where synchronous, live instruction occurs with the pupil’s teacher or at least
1 of the pupil’s teachers on 2020-2021 pupil membership count day and the
attendance is documented by the district or intermediate district.
(ii) The pupil completes a course
assignment on 2020-2021 pupil membership count day and the completion is
documented by the district or intermediate district.
(iii) The pupil completes a course lesson
or lesson activity on 2020-2021 pupil membership count day and the completion
is documented by the district or intermediate district.
(iv) The pupil accesses an ongoing lesson
that is not a login on 2020-2021 pupil membership count day and the access is
documented by the district or intermediate district.
(c) At
a minimum, 1 2-way interaction has occurred between the pupil and the pupil’s
teacher or at least 1 of the pupil’s teachers or another district employee who has responsibility for the pupil’s
learning, grade progression, or academic progress during the week on which
2020-2021 pupil membership count day falls and during each week for the 3
consecutive weeks after the week on which 2020-2021 pupil membership count day
falls. A district may utilize 2-way interactions that occur under this
subdivision toward meeting the requirement under section 101(3)(h). As used in
this subdivision:
(i) “2-way interaction” means a
communication that occurs between a pupil and the pupil’s teacher or at least 1
of the pupil’s teachers or another
district employee who has responsibility for the pupil’s learning, grade progression,
or academic progress, where 1 party initiates communication and a response
from the other party follows that communication, and that is relevant to course
progress or course content for at least 1 of the courses in which the pupil is
enrolled or relevant to the pupil’s
overall academic progress or grade progression. Responses, as described in
this subparagraph, must be to the communication initiated by the
teacher, by another district employee
who has responsibility for the pupil’s learning, grade progression, or academic
progress, or by the pupil, and not some other action taken. The
communication described in this subparagraph may occur through, but is not
limited to, any of the following means:
(A)
Electronic mail.
(B)
Telephone.
(C)
Instant messaging.
(D)
Face-to-face conversation.
(ii) “Week” means a period beginning on
Wednesday and ending on the following Tuesday.
(d)
The pupil has not participated in or completed an activity as described in
subdivision (a), (b), or (c) and the pupil was not excused from participation
or completion, but the pupil participates in or completes an activity described
in subdivision (a) or (b) during the 10 consecutive school days immediately
following the 2020-2021 pupil membership count day.
(e)
The pupil has not participated in or completed an activity as described in
subdivision (a), (b), or (c) and the pupil was excused from participation or
completion, but the pupil participates in or completes an activity described in
subdivision (a) or (b) during the 30 calendar days immediately following the
2020-2021 pupil membership count day.
(f)
The pupil meets the criteria of pupils in grades K to 12 actually enrolled and
in regular daily attendance.
(10) “Rule”
means a rule promulgated pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(11) “The
revised school code” means the revised school code, 1976 PA 451, MCL 380.1 to
380.1852.
(12) “School
district of the first class”, “first class school district”, and “district of
the first class” mean, for the purposes of this article only, a district that
had at least 40,000 pupils in membership for the immediately preceding fiscal
year.
(13) “School
fiscal year” means a fiscal year that commences July 1 and continues through
June 30.
(14) “State
board” means the state board of education.
(15) “Superintendent”,
unless the context clearly refers to a district or intermediate district
superintendent, means the superintendent of public instruction described in section
3 of article VIII of the state constitution of 1963.
(16) “Supplemental
count day” means the day on which the supplemental pupil count is conducted
under section 6a or the day specified as supplemental count day under section
6a.
(17) “Tuition
pupil” means a pupil of school age attending school in a district other than
the pupil’s district of residence for whom tuition may be charged to the
district of residence. Tuition pupil does not include a pupil who is a special
education pupil, a pupil described in subsection (6)(c) to (o), or a pupil
whose parent or guardian voluntarily enrolls the pupil in a district that is
not the pupil’s district of residence. A pupil’s district of residence shall
not require a high school tuition pupil, as provided under section 111, to
attend another school district after the pupil has been assigned to a school
district.
(18) “State
school aid fund” means the state school aid fund established in section 11 of
article IX of the state constitution of 1963.
(19) “Taxable
value” means the taxable value of property as determined under section 27a of
the general property tax act, 1893 PA 206, MCL 211.27a.
(20) “Textbook”
means a book, electronic book, or other instructional print or electronic resource
that is selected and approved by the governing board of a district and that
contains a presentation of principles of a subject, or that is a literary work
relevant to the study of a subject required for the use of classroom pupils, or
another type of course material that forms the basis of classroom instruction.
(21) “Total
state aid” or “total state school aid”, except as otherwise provided in this
article, means the total combined amount of all funds due to a district,
intermediate district, or other entity under this article.
Sec. 11. (1) For the
fiscal year ending September 30, 2020, there is appropriated for the public
schools of this state and certain other state purposes relating to education
the sum of $12,660,530,800.00 $12,829,470,800.00
from the state school aid fund, the sum of $273,600,000.00 $104,660,000.00 from the general fund,
an amount not to exceed $75,900,000.00 from the community district education
trust fund created under section 12 of the Michigan trust fund act, 2000 PA
489, MCL 12.262, an amount not to exceed $9,717,800.00 from the talent
investment fund created under section 8a of the higher education loan authority
act, 1975 PA 222, MCL 390.1158a, an amount not to exceed $31,900,000.00 from
the MPSERS retirement obligation reform reserve fund, and an amount not to
exceed $100.00 from the water emergency reserve fund. For the fiscal year ending
September 30, 2021, there is appropriated for the public schools of this state
and certain other state purposes relating to education the sum of
$13,589,621,600.00 from the state school aid fund, the sum of $50,964,700.00
from the general fund, an amount not to exceed $77,700,000.00 from the
community district education trust fund created under section 12 of the
Michigan trust fund act, 2000 PA 489, MCL 12.262, and an amount not to exceed
$100.00 from the water emergency reserve fund. In addition, all
available federal funds are appropriated for the fiscal year years ending September 30, 2020 and September 30, 2021.
(2)
The appropriations under this section are allocated as provided in this
article. Money appropriated under this section from the general fund must be
expended to fund the purposes of this article before the expenditure of money
appropriated under this section from the state school aid fund.
(3)
Any general fund allocations under this article that are not expended by the
end of the fiscal year are transferred to the school aid stabilization fund
created under section 11a.
Sec. 11a. (1) The school
aid stabilization fund is created as a separate account within the state school
aid fund.
(2)
The state treasurer may receive money or other assets from any source for
deposit into the school aid stabilization fund. The state treasurer shall
deposit into the school aid stabilization fund all of the following:
(a)
Unexpended and unencumbered state school aid fund revenue for a fiscal year
that remains in the state school aid fund as of the bookclosing for that fiscal
year.
(b)
Money statutorily dedicated to the school aid stabilization fund.
(c)
Money appropriated to the school aid stabilization fund.
(3)
Money available in the school aid stabilization fund may not be expended
without a specific appropriation from the school aid stabilization fund. Money
in the school aid stabilization fund must be expended only for purposes for
which state school aid fund money may be expended.
(4)
The state treasurer shall direct the investment of the school aid stabilization
fund. The state treasurer shall credit to the school aid stabilization fund
interest and earnings from fund investments.
(5)
Money in the school aid stabilization fund at the close of a fiscal year
remains in the school aid stabilization fund and does not lapse to the
unreserved school aid fund balance or the general fund.
(6) If
the maximum amount appropriated under section 11 from the state school aid fund
for a fiscal year exceeds the amount available for expenditure from the state
school aid fund for that fiscal year, there is appropriated from the school aid
stabilization fund to the state school aid fund an amount equal to the
projected shortfall as determined by the department of treasury, but not to
exceed available money in the school aid stabilization fund. If the money in
the school aid stabilization fund is insufficient to fully fund an amount equal
to the projected shortfall, the state budget director shall notify the
legislature as required under section 296(2) and state payments in an amount
equal to the remainder of the projected shortfall must be prorated in the
manner provided under section 296(3).
(7)
For 2019-2020, 2020-2021, in
addition to the appropriations in section 11, there is appropriated from the
school aid stabilization fund to the state school aid fund the amount necessary
to fully fund the allocations under this article.
Sec. 11d. (1) For 2019-2020, the department shall deduct an amount
equal to $175.00 per membership pupil from each district’s total state school
aid. A district may choose to apply this reduction to funding the district
receives under any provision of this act, other than sections 11j, 22a, 26a,
26b, 26c, 31d, 31f, 51a(2), 51a(11), 51c, 53a, 147c, 147e(2)(a), and 152a, even
if the reduction chosen by the district results in a program being reduced or
discontinued.
(2) If the department, after applying the
deduction calculated in subsection (1), determines that this state has overpaid
the amount of total state school aid to a district, the department shall
establish as a receivable the amount of overpayment and shall recoup the amount
from the district in subsequent monthly apportionments of total state school
aid. The full amount of overpayment must be recouped within 1 fiscal year.
(3) If a district has pledged remaining
total state school aid for 2019-2020 for the fulfillment of requirements
related to the repayment of state aid anticipation notes or the equivalent loan
instrument not offered by this state, and if the district presents evidence
satisfactory to the department that the deduction calculated in subsection (1)
would cause hardship for the district in fulfilling its pledged loan repayment
requirements, the department shall establish as a receivable in the current
fiscal year the amount of the deduction calculated in subsection (1) and shall
recoup the amount from the district in subsequent monthly apportionments of total
state school aid. The full amount of the deduction calculated in subsection (1)
must be recouped within 1 fiscal year.
(4) From the state school aid fund money appropriated under
section 11, there is allocated for 2020-2021 an amount not to exceed $95,000,000.00
to provide payments to districts as provided under this subsection. The amount
of a payment under this subsection to each district must be equal to the
district’s 50/50 blended membership multiplied by the quotient of
$95,000,000.00 divided by the statewide sum of each district’s 50/50 blended
membership. As used in this subsection, “50/50 blended membership” means the
sum of the product of .5 times the district’s 2019-2020 membership as
calculated under section 6(4) in 2019-2020 and the product of .5 times [the sum
of (the product of .90 times the number of full-time equated pupils engaged in
pandemic learning for fall 2020 or, for a district that is a public school
academy that operates as a cyber school, as that term is defined in section 551
of the revised school code, MCL 380.551, the number of full-time equated pupils
in grades K to 12 actually enrolled and in regular daily attendance in the
district on pupil membership count day for the current school year) and (the
product of .10 times the final audited count from the supplemental count day of
full-time equated pupils in grades K to 12 actually enrolled and in regular
daily attendance in the district for the immediately preceding school year)].
(5) (4) As used in this section, “total state school aid” means the
total combined amount of all state funds allocated to a district under this
act, except for funds allocated to a district under sections 11j, 22a, 26a,
26b, 26c, 31d, 31f, 51a(2), 51a(11), 51c, 53a, 147c, 147e(2)(a), and 152a.
Sec. 11j. From the
appropriation in section 11, there is allocated an amount not to exceed $111,000,000.00 for 2019-2020 2020-2021 for payments to the school
loan bond redemption fund in the department of treasury on behalf of districts
and intermediate districts. Notwithstanding section 296 or any other provision
of this act, funds allocated under this section are not subject to proration
and must be paid in full.
Sec. 11k. For 2019-2020,
2020-2021, there is appropriated
from the general fund to the school loan revolving fund an amount equal to the
amount of school bond loans assigned to the Michigan finance authority, not to
exceed the total amount of school bond loans held in reserve as long-term
assets. As used in this section, “school loan revolving fund” means that fund
created in section 16c of the shared credit rating act, 1985 PA 227, MCL
141.1066c.
Sec. 11m. From the
appropriation in section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $7,000,000.00
$11,400,000.00 for fiscal year cash-flow
borrowing costs solely related to the state school aid fund established by under section 11 of article IX of the
state constitution of 1963.
Sec. 11p. (1) From the federal funds appropriated under
section 11, for 2019-2020 only, there is allocated an amount not to exceed
$512,000,000.00 from the federal funding awarded to this state from the coronavirus
relief fund under the coronavirus aid, relief, and economic security act,
Public Law 116-136.
(2) From the funds allocated under this
section, the department shall pay to each district an amount equal to $350.00
for each pupil in membership for 2019-2020 only.
(3) A district receiving funds under this
section must comply with all requirements corresponding to the receipt of funds
under the coronavirus aid, relief, and economic security act, Public Law
116-136, and 2 CFR part 200, as applicable, including, but not limited to, any
certifications, assurances, and accountability and transparency provisions. The
department may require any documentation necessary to ensure compliance with
federal requirements.
(4) A district receiving funds under this section must, to the
greatest extent practicable, continue to pay its employees and contractors
during the period of any disruptions or closures related to coronavirus.
(5) (4) Any funds received under this act and expended by a district
in any manner that does not adhere to the coronavirus aid, relief, and economic
security act, Public Law 116-136, or 2 CFR part 200, as applicable, must be
returned to this state. If it is determined that a district receiving funds
under this act expends expended any funds received under this act for a purpose that is not
consistent with the requirements of the coronavirus aid, relief, and economic
security act, Public Law 116-136, or 2 CFR part 200, as applicable, the state
budget director is authorized to withhold payment of state funds, in part or in
whole, payable to that district from any state appropriation under this act.
(6) (5) The allocation in this section from the federal funding
awarded to this state from the coronavirus relief fund under the coronavirus
aid, relief, and economic security act, Public Law 116-136, reduces to $0.00
the coronavirus relief fund appropriations authorized in the same amount and
for the same purpose under section 302 of 2020 PA 67.
Sec. 11s. (1) From the
state school aid fund money appropriated in section 11, there is allocated $8,075,000.00
$5,000,000.00 for 2019-2020 2020-2021 and from the general fund money
appropriated in section 11, there is allocated $3,075,000.00 for 2020-2021 for
the purpose of providing services and programs to children who reside within
the boundaries of a district with the majority of its territory located within
the boundaries of a city for which an executive proclamation of emergency concerning drinking water is issued in
the current or immediately preceding 3 5 fiscal years under the emergency management act, 1976 PA 390, MCL
30.401 to 30.421. From the funding appropriated in section 11, there is
allocated for 2019-2020 2020-2021
$100.00 from the water emergency reserve fund for the purposes of this
section.
(2)
From the allocation general fund
money allocated in subsection (1), there is allocated to a district with
the majority of its territory located within the boundaries of a city in which
an executive proclamation of emergency is issued in the current or immediately
preceding 4 5 fiscal years
and that has at least 4,500 pupils in membership for the 2016-2017 fiscal year
or has at least 4,000 3,000 pupils
in membership for a fiscal year after 2016-2017, an amount not to exceed $2,425,000.00 for 2019-2020 2020-2021 for the purpose of employing
school nurses, classroom aides, and school social workers. The district shall
provide a report to the department in a form, manner, and frequency prescribed
by the department. The department shall provide a copy of that report to the
governor, the house and senate school aid subcommittees, the house and senate
fiscal agencies, and the state budget director within 5 days after receipt. The
report must provide at least the following information:
(a)
How many personnel were hired using the funds allocated under this subsection.
(b) A
description of the services provided to pupils by those personnel.
(c)
How many pupils received each type of service identified in subdivision (b).
(d)
Any other information the department considers necessary to ensure that the
children described in subsection (1) received appropriate levels and types of
services.
(3)
For 2019-2020 only, 2020-2021 only,
from the allocation state
school aid fund money allocated in subsection (1), there is allocated an
amount not to exceed $4,000,000.00 $2,400,000.00
to an intermediate district that has a constituent district described in
subsection (2) to provide state early intervention services for children
described in subsection (1) who are between age 3 and age 5. The intermediate
district shall use these funds to provide state early intervention services
that are similar to the services described in the early on Michigan state plan,
including ensuring that all children described in subsection (1) who are less
than 4 years of age as of September 1, 2016 are assessed and evaluated at least
twice annually.
(4)
From the allocation state school
aid fund money allocated in subsection (1), there is allocated an amount
not to exceed $1,000,000.00 for
2019-2020 2020-2021 to the
intermediate district described in subsection (3) to enroll children described
in subsection (1) in school-day great start readiness programs, regardless of
household income eligibility requirements contained in section 32d. The
department shall administer this funding consistent with all other provisions
that apply to great start readiness programs under sections 32d and 39.
(5)
For 2019-2020, 2020-2021, from
the allocation general fund money
allocated in subsection (1), there is allocated an amount not to exceed $650,000.00 for nutritional
services to children described in subsection (1).
(6) For 2020-2021, from the state school aid fund
money allocated in subsection (1), there is allocated an amount not to exceed
$1,600,000.00 to the intermediate district described in subsection (3) for
interventions and supports for students in K to 12 who were impacted by an
executive proclamation of emergency described in subsection (1) concerning
drinking water. Funds under this subsection must be used for behavioral
supports, social workers, counselors, psychologists, nursing services,
including, but not limited to, vision and hearing services, transportation services,
parental engagement, community coordination, and other support services.
(7) (6) In addition to other
funding allocated and appropriated in this section, there is appropriated an
amount not to exceed $5,000,000.00 for
2019-2020 2020-2021 for state
restricted contingency funds. These contingency funds are not available for
expenditure until they have been transferred to a section within this article
under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(8) (7) Notwithstanding section
17b, the department shall make payments under this section on a schedule
determined by the department.
Sec. 15. (1) If a
district or intermediate district fails to receive its proper apportionment,
the department, upon satisfactory proof that the district or intermediate
district was entitled justly, shall apportion the deficiency in the next
apportionment. Subject to subsections (2) and (3), if a district or intermediate
district has received more than its proper apportionment, the department, upon
satisfactory proof, shall deduct the excess in the next apportionment.
Notwithstanding any other provision in this article, state aid overpayments to
a district, other than overpayments in payments for special education or
special education transportation, may be recovered from any payment made under
this article other than a special education or special education transportation
payment, from the proceeds of a loan to the district under the emergency
municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds
of millage levied or pledged under section 1211 of the revised school code, MCL
380.1211. State aid overpayments made in special education or special education
transportation payments may be recovered from subsequent special education or
special education transportation payments, from the proceeds of a loan to the
district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to
141.942, or from the proceeds of millage levied or pledged under section 1211
of the revised school code, MCL 380.1211.
(2) If
the result of an audit conducted by or for the department affects the current
fiscal year membership, the department shall adjust affected payments in the
current fiscal year. A deduction due to an adjustment made as a result of an
audit conducted by or for the department, or as a result of information
obtained by the department from the district, an intermediate district, the
department of treasury, or the office of auditor general, must be deducted from
the district’s apportionments when the adjustment is finalized. At the request
of the district and upon the district presenting evidence satisfactory to the
department of the hardship, the department may grant up to an additional 4
years for the adjustment and may advance payments to the district otherwise
authorized under this article if the district would otherwise experience a
significant hardship in satisfying its financial obligations. However, a
district that has presented satisfactory evidence of hardship and is was undergoing an extended adjustment
during 2018-2019 may
continue to use the period of extended adjustment as originally granted by the
department.
(3)
If, based on an audit by the department or the department’s designee or because
of new or updated information received by the department, the department
determines that the amount paid to a district or intermediate district under
this article for the current fiscal year or a prior fiscal year was incorrect,
the department shall make the appropriate deduction or payment in the district’s
or intermediate district’s allocation in the next apportionment after the
adjustment is finalized. The department shall calculate the deduction or
payment according to the law in effect in the fiscal year in which the
incorrect amount was paid. If the district does not receive an allocation for
the fiscal year or if the allocation is not sufficient to pay the amount of any
deduction, the amount of any deduction otherwise applicable must be satisfied
from the proceeds of a loan to the district under the emergency municipal loan
act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage
levied or pledged under section 1211 of the revised school code, MCL 380.1211,
as determined by the department.
(4) If
the department makes an adjustment under this section based in whole or in part
on a membership audit finding that a district or intermediate district employed
an educator in violation of certification requirements under the revised school
code and rules promulgated by the department, the department shall prorate the
adjustment according to the period of noncompliance with the certification
requirements.
(5)
The department may conduct audits, or may direct audits by designee of the
department, for the current fiscal year and the immediately preceding fiscal
year of all records related to a program for which a district or intermediate
district has received funds under this article.
(6)
Expenditures made by the department under this article that are caused by the
write-off of prior year accruals may be funded by revenue from the write-off of
prior year accruals.
(7) In
addition to funds appropriated in section 11 for all programs and services,
there is appropriated for 2019-2020 2020-2021
for obligations in excess of applicable appropriations an amount equal to
the collection of overpayments, but not to exceed amounts available from
overpayments.
Sec. 17c. (1) Except as otherwise provided under this
article, the department shall do both of the following for funds appropriated
under this article for grants distributed by the department to districts,
intermediate districts, and eligible entities:
(a) Not later than September 1 of each fiscal year, open the grant
application for funds appropriated for the subsequent fiscal year. Open the grant application
for funds appropriated for the immediately succeeding fiscal year by not later
than September 1 of the current fiscal year or 30 calendar days after the state
school aid budget for the immediately succeeding fiscal year is enacted into
law, whichever occurs later. The department shall also provide to
districts, intermediate districts, and eligible entities, and post on its
publicly accessible website, the grant application and award process schedule
and the list of state grants and contracts available in the subsequent immediately succeeding fiscal year.
(b) Not later than December 1 of each fiscal year, publish grant
awards for funds appropriated in that fiscal year.Publish grant awards for
funds appropriated in the current fiscal year by not later than December 1 of
the current fiscal year.
(2) Information for grants awarded from funds appropriated under this
article must be placed on the state board agenda in August of the preceding
fiscal year. However, this subsection does not apply to grants awarded,
directly or indirectly, from federal funds or federal grants.Information for grants
awarded from funds appropriated under this article for the immediately
succeeding fiscal year must be placed on the state board agenda in August of the
current fiscal year or in the month immediately following the month in which
the state school aid budget for the immediately succeeding fiscal year is
enacted into law, whichever occurs later.
Sec. 18. (1) Except as
provided in another section of this article, each district or other entity
shall apply the money received by the district or entity under this article to
salaries and other compensation of teachers and other employees, tuition,
transportation, lighting, heating, ventilation, water service, the purchase of
textbooks, other supplies, and any other school operating expenditures defined
in section 7. However, not more than 20% of the total amount received by a
district under sections 22a and 22b or received by an intermediate district
under section 81 may be transferred by the board to either the capital projects
fund or to the debt retirement fund for debt service. A district or other
entity shall not apply or take the money for a purpose other than as provided
in this section. The department shall determine the reasonableness of
expenditures and may withhold from a recipient of funds under this article the
apportionment otherwise due upon a violation by the recipient. A district must not be prohibited or
limited from using funds appropriated or allocated under this article that are
permitted for use for noninstructional services to contract or subcontract with
an intermediate district, third party, or vendor for the noninstructional
services.
(2) A
district or intermediate district shall adopt an annual budget in a manner that
complies with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421
to 141.440a. Within 15 days after a district board adopts its annual operating
budget for the following school fiscal year, or after a district board adopts a
subsequent revision to that budget, the district shall make all of the following
available through a link on its website homepage, or may make the information
available through a link on its intermediate district’s website homepage, in a
form and manner prescribed by the department:
(a)
The annual operating budget and subsequent budget revisions.
(b)
Using data that have already been collected and submitted to the department, a
summary of district expenditures for the most recent fiscal year for which they
are available, expressed in the following 2 visual displays:
(i) A chart of personnel expenditures,
broken into the following subcategories:
(A)
Salaries and wages.
(B)
Employee benefit costs, including, but not limited to, medical, dental, vision,
life, disability, and long-term care benefits.
(C)
Retirement benefit costs.
(D)
All other personnel costs.
(ii) A chart of all district
expenditures, broken into the following subcategories:
(A)
Instruction.
(B)
Support services.
(C)
Business and administration.
(D)
Operations and maintenance.
(c)
Links to all of the following:
(i) The current collective bargaining
agreement for each bargaining unit.
(ii) Each health care benefits plan,
including, but not limited to, medical, dental, vision, disability, long-term
care, or any other type of benefits that would constitute health care services,
offered to any bargaining unit or employee in the district.
(iii) The audit report of the audit
conducted under subsection (4) for the most recent fiscal year for which it is
available.
(iv) The bids required under section 5 of
the public employees health benefit act, 2007 PA 106, MCL 124.75.
(v) The district’s written policy
governing procurement of supplies, materials, and equipment.
(vi) The district’s written policy
establishing specific categories of reimbursable expenses, as described in
section 1254(2) of the revised school code, MCL 380.1254.
(vii) Either the district’s accounts
payable check register for the most recent school fiscal year or a statement of
the total amount of expenses incurred by board members or employees of the
district that were reimbursed by the district for the most recent school fiscal
year.
(d)
The total salary and a description and cost of each fringe benefit included in
the compensation package for the superintendent of the district and for each
employee of the district whose salary exceeds $100,000.00.
(e)
The annual amount spent on dues paid to associations.
(f)
The annual amount spent on lobbying or lobbying services. As used in this
subdivision, “lobbying” means that term as defined in section 5 of 1978 PA 472,
MCL 4.415.
(g)
Any deficit elimination plan or enhanced deficit elimination plan the district
was required to submit under the revised school code.
(h) Identification of
all credit cards maintained by the district as district credit cards, the
identity of all individuals authorized to use each of those credit cards, the
credit limit on each credit card, and the dollar limit, if any, for each
individual’s authorized use of the credit card.
(i) Costs incurred for
each instance of out-of-state travel by the school administrator of the
district that is fully or partially paid for by the district and the details of
each of those instances of out-of-state travel, including at least identification
of each individual on the trip, destination, and purpose.
(3) For the information
required under subsection (2)(a), (2)(b)(i),
and (2)(c), an intermediate district shall provide the same information in the
same manner as required for a district under subsection (2).
(4) For the purposes of
determining the reasonableness of expenditures, whether a district or
intermediate district has received the proper amount of funds under this
article, and whether a violation of this article has occurred, all of the
following apply:
(a) The department shall
require that each district and intermediate district have an audit of the
district’s or intermediate district’s financial and pupil accounting records
conducted at least annually, and at such other times as determined by the
department, at the expense of the district or intermediate district, as
applicable. The audits must be performed by a certified public accountant or by
the intermediate district superintendent, as may be required by the department,
or in the case of a district of the first class by a certified public
accountant, the intermediate superintendent, or the auditor general of the
city. A district or intermediate district shall retain these records for the
current fiscal year and from at least the 3 immediately preceding fiscal years.
(b) If a district
operates in a single building with fewer than 700 full-time equated pupils, if
the district has stable membership, and if the error rate of the immediately
preceding 2 pupil accounting field audits of the district is less than 2%, the
district may have a pupil accounting field audit conducted biennially but must
continue to have desk audits for each pupil count. The auditor must document
compliance with the audit cycle in the pupil auditing manual. As used in this
subdivision, “stable membership” means that the district’s membership for the
current fiscal year varies from the district’s membership for the immediately
preceding fiscal year by less than 5%.
(c) A district’s or
intermediate district’s annual financial audit must include an analysis of the
financial and pupil accounting data used as the basis for distribution of state
school aid.
(d) The pupil and
financial accounting records and reports, audits, and management letters are
subject to requirements established in the auditing and accounting manuals
approved and published by the department.
(e) All of the following
shall must be done not later
than November 1 each year for reporting the prior fiscal year data, but, for
2020-2021 only, not later than December 1 for reporting the 2019-2020 data:
(i) A district shall file the annual financial audit reports with
the intermediate district and the department.
(ii) The intermediate district shall file the annual financial audit
reports for the intermediate district with the department.
(iii) The intermediate district shall enter the pupil membership
audit reports for its constituent districts and for the intermediate district,
for the pupil membership count day and supplemental count day, in the Michigan
student data system.
(f) The annual financial
audit reports and pupil accounting procedures reports must be available to the
public in compliance with the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(g) Not later than
January 31 of each year, the department shall notify the state budget director
and the legislative appropriations subcommittees responsible for review of the
school aid budget of districts and intermediate districts that have not filed
an annual financial audit and pupil accounting procedures report required under
this section for the school year ending in the immediately preceding fiscal
year.
(5) By the first business day in November 1
of each fiscal year, but, for submission of the 2019-2020
annual comprehensive financial data described in this subsection, by the first
business day in December, each district and intermediate district shall
submit to the center, in a manner prescribed by the center, annual
comprehensive financial data consistent with the district’s or intermediate
district’s audited financial statements and consistent with accounting manuals
and charts of accounts approved and published by the department. For an
intermediate district, the report must also contain the website address where
the department can access the report required under section 620 of the revised
school code, MCL 380.620. The department shall ensure that the prescribed
Michigan public school accounting manual chart of accounts includes standard
conventions to distinguish expenditures by allowable fund function and object.
The functions must include at minimum categories for instruction, pupil
support, instructional staff support, general administration, school
administration, business administration, transportation, facilities operation
and maintenance, facilities acquisition, and debt service; and must include
object classifications of salary, benefits, including categories for active
employee health expenditures, purchased services, supplies, capital outlay, and
other. A district shall report the required level of detail consistent with the
manual as part of the comprehensive annual financial report.
(6) By the last business day in September 30
of each year, each district and intermediate district shall file with the
center the special education actual cost report, known as “SE-4096”, on a form
and in the manner prescribed by the center. An intermediate district shall
certify the audit of a district’s report.
(7) By October 7 not later than 1 week after the last
business day in September of each year, each district and intermediate
district shall file with the center the audited transportation expenditure
report, known as “SE-4094”, on a form and in the manner prescribed by the
center. An intermediate district shall certify the audit of a district’s
report.
(8) The department shall
review its pupil accounting and pupil auditing manuals at least annually and
shall periodically update those manuals to reflect changes in this article.
(9) If a district that
is a public school academy purchases property using money received under this
article, the public school academy shall retain ownership of the property
unless the public school academy sells the property at fair market value.
(10) If a district or
intermediate district does not comply with subsections (4), (5), (6), (7), and
(12), or if the department determines that the financial data required under
subsection (5) are not consistent with audited financial statements, the
department shall withhold all state school aid due to the district or
intermediate district under this article, beginning with the next payment due
to the district or intermediate district, until the district or intermediate
district complies with subsections (4), (5), (6), (7), and (12). If the
district or intermediate district does not comply with subsections (4), (5),
(6), (7), and (12) by the end of the fiscal year, the district or intermediate
district forfeits the amount withheld.
(11) If a district or
intermediate district does not comply with subsection (2), the department may
withhold up to 10% of the total state school aid due to the district or
intermediate district under this article, beginning with the next payment due
to the district or intermediate district, until the district or intermediate
district complies with subsection (2). If the district or intermediate district
does not comply with subsection (2) by the end of the fiscal year, the district
or intermediate district forfeits the amount withheld.
(12) By November 1 of
each year, if a district or intermediate district offers virtual learning under
section 21f, or for a school of excellence that is a cyber school, as
defined in section 551 of the revised school code, MCL 380.551, the district or
intermediate district shall submit to the department a report that details the
per-pupil costs of operating the virtual learning by vendor type and virtual
learning model. The report must include information concerning the operation of
virtual learning for the immediately preceding school fiscal year, including information
concerning summer programming. Information must be collected in a form and
manner determined by the department and must be collected in the most efficient
manner possible to reduce the administrative burden on reporting entities.
(13) By March 31 of each
year, the department shall submit to the house and senate appropriations
subcommittees on state school aid, the state budget director, and the house and
senate fiscal agencies a report summarizing the per-pupil costs by vendor type
of virtual courses available under section 21f and virtual courses provided by
a school of excellence that is a cyber school, as defined in section 551 of the
revised school code, MCL 380.551.
(14) As used in
subsections (12) and (13), “vendor type” means the following:
(a) Virtual courses
provided by the Michigan Virtual University.
(b) Virtual courses
provided by a school of excellence that is a cyber school, as defined in section
551 of the revised school code, MCL 380.551.
(c) Virtual courses
provided by third party vendors not affiliated with a Michigan public school.
(d) Virtual courses
created and offered by a district or intermediate district.
(15) An allocation to a
district or another entity under this article is contingent upon the district’s
or entity’s compliance with this section.
(16) Beginning October 1, 2020,
and annually thereafter, the department shall submit to the senate and house
subcommittees on state school aid and to the senate and house standing
committees on education an itemized list of allocations under this article to
any association or consortium consisting of associations in the immediately
preceding fiscal year. The report must detail the recipient or recipients, the
amount allocated, and the purpose for which the funds were distributed.
Sec.
18a. Grant Except as otherwise
provided in this article, grant funds awarded and allotted to a district,
intermediate district, or other entity, unless otherwise specified in this
article, shall must be
expended by the grant recipient before the end of the fiscal year immediately
following the fiscal year in which the funds are received. If Except as otherwise provided in this
article, if a grant recipient does not expend the funds received under this
article before the end of the fiscal year in which the funds are received, the
grant recipient shall submit a report to the department not later than November
1 after the fiscal year in which the funds are received indicating whether it
expects to expend those funds during the fiscal year in which the report is
submitted. A Except as otherwise
provided in this article, a recipient of a grant shall return any
unexpended grant funds to the department in the manner prescribed by the
department not later than September 30 after the fiscal year in which the funds
are received.
Sec.
20. (1) For 2019-2020, 2020-2021,
both of the following apply:
(a) The target
foundation allowance , formerly
known as the basic foundation allowance, is $8,529.00.
(b) The minimum
foundation allowance is $8,111.00.
(2) The department shall
calculate the amount of each district’s foundation allowance as provided in
this section, using a target foundation allowance in the amount specified in
subsection (1). For the purpose of these calculations, a reference to the
target foundation allowance for a preceding fiscal year is equivalent to a
reference to the “basic” foundation allowance for that fiscal year.
(3) Except as otherwise
provided in this section, the department shall calculate the amount of a
district’s foundation allowance as follows, using in all calculations the total
amount of the district’s foundation allowance as calculated before any proration:
(a) Except as otherwise
provided in this subdivision, for a district that had a foundation allowance
for the immediately preceding fiscal year that was at least equal to the
minimum foundation allowance for the immediately preceding fiscal year, but less
than the target foundation allowance for the immediately preceding fiscal year,
the district receives a foundation allowance in an amount equal to the sum of
the district’s foundation allowance for the immediately preceding fiscal year
plus the difference between twice the dollar amount of the adjustment from the
immediately preceding fiscal year to the current fiscal year made in the target
foundation allowance and [(the difference between the target foundation
allowance for the current fiscal year and target foundation allowance for the
immediately preceding fiscal year minus $40.00) times (the difference between
the district’s foundation allowance for the immediately preceding fiscal year
and the minimum foundation allowance for the immediately preceding fiscal year)
divided by the difference between the target foundation allowance for the
current fiscal year and the minimum foundation allowance for the immediately
preceding fiscal year.] However, the foundation allowance for a district that
had less than the target foundation allowance for the immediately preceding
fiscal year must not exceed the target foundation allowance for the current
fiscal year.
(b) Except as otherwise
provided in this subsection, for a district that in the immediately preceding fiscal
year had a foundation allowance in an amount equal to the amount of the target
foundation allowance for the immediately preceding fiscal year, the district
receives a foundation allowance for 2019-2020 2020-2021 in an amount equal to the target foundation allowance for
2019-2020.2020-2021.
(c) For a district that
had a foundation allowance for the immediately preceding fiscal year that was
greater than the target foundation allowance for the immediately preceding
fiscal year, the district’s foundation allowance is an amount equal to the sum
of the district’s foundation allowance for the immediately preceding fiscal
year plus the lesser of the increase in the target foundation allowance for the
current fiscal year, as compared to the immediately preceding fiscal year, or
the product of the district’s foundation allowance for the immediately
preceding fiscal year times the percentage increase in the United States
Consumer Price Index in the calendar year ending in the immediately preceding
fiscal year as reported by the May revenue estimating conference conducted
under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b.
(d) For a district that
has a foundation allowance that is not a whole dollar amount, the department
shall round the district’s foundation allowance up to the nearest whole dollar.
(4) Except as otherwise
provided in this subsection, beginning in 2014-2015, the state portion of a
district’s foundation allowance is an amount equal to the district’s foundation
allowance or the target foundation allowance for the current fiscal year,
whichever is less, minus the local portion of the district’s foundation allowance.
For a district described in subsection (3)(c), beginning in 2014-2015, the
state portion of the district’s foundation allowance is an amount equal to
$6,962.00 plus the difference between the district’s foundation allowance for
the current fiscal year and the district’s foundation allowance for 1998-99,
minus the local portion of the district’s foundation allowance. For a district
that has a millage reduction required under section 31 of article IX of the
state constitution of 1963, the department shall calculate the state portion of
the district’s foundation allowance as if that reduction did not occur. For a
receiving district, if school operating taxes continue to be levied on behalf
of a dissolved district that has been attached in whole or in part to the
receiving district to satisfy debt obligations of the dissolved district under
section 12 of the revised school code, MCL 380.12, the taxable value per
membership pupil of property in the receiving district used for the purposes of
this subsection does not include the taxable value of property within the
geographic area of the dissolved district. For a community district, if school
operating taxes continue to be levied by a qualifying school district under
section 12b of the revised school code, MCL 380.12b, with the same geographic
area as the community district, the taxable value per membership pupil of
property in the community district to be used for the purposes of this
subsection does not include the taxable value of property within the geographic
area of the community district.
(5)
The allocation calculated under this section for a pupil is based on the
foundation allowance of the pupil’s district of residence. For a pupil enrolled
pursuant to section 105 or 105c in a district other than the pupil’s district
of residence, the allocation calculated under this section is based on the
lesser of the foundation allowance of the pupil’s district of residence or the
foundation allowance of the educating district. For a pupil in membership in a
K-5, K-6, or K-8 district who is enrolled in another district in a grade not
offered by the pupil’s district of residence, the allocation calculated under
this section is based on the foundation allowance of the educating district if
the educating district’s foundation allowance is greater than the foundation
allowance of the pupil’s district of residence.
(6)
Except as otherwise provided in this subsection, for pupils in membership,
other than special education pupils, in a public school academy, the allocation
calculated under this section is an amount per membership pupil other than
special education pupils in the public school academy equal to the minimum
foundation allowance specified in subsection (1). Notwithstanding section 101,
for a public school academy that begins operations after the pupil membership
count day, the amount per membership pupil calculated under this subsection
must be adjusted by multiplying that amount per membership pupil by the number
of hours of pupil instruction provided by the public school academy after it
begins operations, as determined by the department, divided by the minimum
number of hours of pupil instruction required under section 101(3). The result
of this calculation must not exceed the amount per membership pupil otherwise
calculated under this subsection.
(7)
Except as otherwise provided in this subsection, for pupils in membership,
other than special education pupils, in a community district, the allocation
calculated under this section is an amount per membership pupil other than
special education pupils in the community district equal to the foundation
allowance of the qualifying school district, as described in section 12b of the
revised school code, MCL 380.12b, that is located within the same geographic
area as the community district.
(8)
Subject to subsection (4), for a district that is formed or reconfigured after
June 1, 2002 by consolidation of 2 or more districts or by annexation, the
resulting district’s foundation allowance under this section beginning after
the effective date of the consolidation or annexation is the lesser of the sum
of the average of the foundation allowances of each of the original or affected
districts, calculated as provided in this section, weighted as to the
percentage of pupils in total membership in the resulting district who reside
in the geographic area of each of the original or affected districts plus
$100.00 or the highest foundation allowance among the original or affected
districts. This subsection does not apply to a receiving district unless there
is a subsequent consolidation or annexation that affects the district.
(9)
The department shall round each fraction used in making calculations under this
section to the fourth decimal place and shall round the dollar amount of an
increase in the target foundation allowance to the nearest whole dollar.
(10)
State payments related to payment of the foundation allowance for a special
education pupil are not calculated under this section but are instead
calculated under section 51a.
(11)
To assist the legislature in determining the target foundation allowance for
the subsequent fiscal year, each revenue estimating conference conducted under
section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, must
calculate a pupil membership factor, a revenue adjustment factor, and an index
as follows:
(a)
The pupil membership factor is computed by dividing the estimated membership in
the school year ending in the current fiscal year, excluding intermediate
district membership, by the estimated membership for the school year ending in
the subsequent fiscal year, excluding intermediate district membership. If a
consensus membership factor is not determined at the revenue estimating
conference, the principals of the revenue estimating conference shall report
their estimates to the house and senate subcommittees responsible for school
aid appropriations not later than 7 days after the conclusion of the revenue
conference.
(b)
The revenue adjustment factor is computed by dividing the sum of the estimated
total state school aid fund revenue for the subsequent fiscal year plus the
estimated total state school aid fund revenue for the current fiscal year,
adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund and excluding money transferred into that fund from the
countercyclical budget and economic stabilization fund under the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated
total school aid fund revenue for the current fiscal year plus the estimated
total state school aid fund revenue for the immediately preceding fiscal year,
adjusted for any change in the rate or base of a tax the proceeds of which are
deposited in that fund. If a consensus revenue factor is not determined at the
revenue estimating conference, the principals of the revenue estimating
conference shall report their estimates to the house and senate subcommittees
responsible for state school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(c)
The index is calculated by multiplying the pupil membership factor by the
revenue adjustment factor. If a consensus index is not determined at the
revenue estimating conference, the principals of the revenue estimating
conference shall report their estimates to the house and senate subcommittees
responsible for state school aid appropriations not later than 7 days after the
conclusion of the revenue conference.
(12) Payments to
districts and public school academies are not made under this section. Rather,
the calculations under this section are used to determine the amount of state
payments under section 22b.
(13) If an amendment to
section 2 of article VIII of the state constitution of 1963 allowing state aid to
some or all nonpublic schools is approved by the voters of this state, each
foundation allowance or per-pupil payment calculation under this section may be
reduced.
(14) For the purposes of section 1211 of the
revised school code, MCL 380.1211, the basic foundation allowance under this
section is considered to be the target foundation allowance under this section.
(14) (15) As used in this section:
(a) “Certified mills”
means the lesser of 18 mills or the number of mills of school operating taxes
levied by the district in 1993-94.
(b) “Combined state and
local revenue” means the aggregate of the district’s state school aid received
by or paid on behalf of the district under this section and the district’s
local school operating revenue.
(c) “Combined state and
local revenue per membership pupil” means the district’s combined state and
local revenue divided by the district’s membership excluding special education
pupils.
(d) “Current fiscal year”
means the fiscal year for which a particular calculation is made.
(e) “Dissolved district”
means a district that loses its organization, has its territory attached to 1
or more other districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) “Immediately
preceding fiscal year” means the fiscal year immediately preceding the current
fiscal year.
(g) “Local portion of
the district’s foundation allowance” means an amount that is equal to the
difference between (the sum of the product of the taxable value per membership
pupil of all property in the district that is nonexempt property times the
district’s certified mills and, for a district with certified mills exceeding
12, the product of the taxable value per membership pupil of property in the
district that is commercial personal property times the certified mills minus
12 mills) and (the quotient of the product of the captured assessed valuation
under tax increment financing acts times the district’s certified mills divided
by the district’s membership excluding special education pupils).
(h) “Local school operating
revenue” means school operating taxes levied under section 1211 of the revised
school code, MCL 380.1211. For a receiving district, if school operating taxes
are to be levied on behalf of a dissolved district that has been attached in
whole or in part to the receiving district to satisfy debt obligations of the
dissolved district under section 12 of the revised school code, MCL 380.12,
local school operating revenue does not include school operating taxes levied
within the geographic area of the dissolved district.
(i) “Local school
operating revenue per membership pupil” means a district’s local school
operating revenue divided by the district’s membership excluding special
education pupils.
(j) “Membership” means
the definition of that term under section 6 as in effect for the particular
fiscal year for which a particular calculation is made.
(k) “Nonexempt property”
means property that is not a principal residence, qualified agricultural
property, qualified forest property, supportive housing property, industrial
personal property, commercial personal property, or property occupied by a
public school academy.
(l) “Principal residence”, “qualified agricultural property”, “qualified
forest property”, “supportive housing property”, “industrial personal property”,
and “commercial personal property” mean those terms as defined in section 1211
of the revised school code, MCL 380.1211.
(m) “Receiving district”
means a district to which all or part of the territory of a dissolved district is
attached under section 12 of the revised school code, MCL 380.12.
(n) “School operating
purposes” means the purposes included in the operation costs of the district as
prescribed in sections 7 and 18 and purposes authorized under section 1211 of
the revised school code, MCL 380.1211.
(o) “School operating
taxes” means local ad valorem property taxes levied under section 1211 of the
revised school code, MCL 380.1211, and retained for school operating purposes.
(p) “Target foundation allowance for the immediately
preceding fiscal year” means, for 2019-2020 only, the basic foundation
allowance in effect for the 2018-2019 fiscal year.
(p) (q) “Tax increment financing
acts” means parts 2, 3, 4, and 6 of the recodified tax increment financing act,
2018 PA 57, MCL 125.4201 to 125.4420 and 125.4602 to 125.4629, or the
brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2670.
(q) (r) “Taxable value per membership
pupil” means taxable value, as certified by the county treasurer and reported
to the department, for the calendar year ending in the current state fiscal
year divided by the district’s membership excluding special education pupils
for the school year ending in the current state fiscal year.
Sec. 20d. In making the
final determination required under former section 20a of a district’s combined
state and local revenue per membership pupil in 1993-94 and in making
calculations under section 20 for 2019-2020, 2020-2021, the department and the department of treasury shall
comply with all of the following:
(a)
For a district that had combined state and local revenue per membership pupil
in the 1994-95 fiscal year of $6,500.00 or more and served as a fiscal agent
for a state board designated area vocational education center in the 1993-94
school year, total state school aid received by or paid on behalf of the
district under this act in 1993-94 excludes payments made under former section
146 and under section 147 on behalf of the district’s employees who provided
direct services to the area vocational education center. Not later than June
30, 1996, the department shall make an adjustment under this subdivision to the
district’s combined state and local revenue per membership pupil in the 1994-95
fiscal year and the department of treasury shall make a final certification of
the number of mills that may be levied by the district under section 1211 of
the revised school code, MCL 380.1211, as a result of the adjustment under this
subdivision.
(b) If
a district had an adjustment made to its 1993-94 total state school aid that
excluded payments made under former section 146 and under section 147 on behalf
of the district’s employees who provided direct services for intermediate
district center programs operated by the district under sections 51 to 56, if
nonresident pupils attending the center programs were included in the district’s
membership for purposes of calculating the combined state and local revenue per
membership pupil for 1993-94, and if there is a signed agreement by all
constituent districts of the intermediate district agreeing to an adjustment
under this subdivision, the department shall calculate the foundation
allowances for 1995-96 and 1996-97 of all districts that had pupils attending
the intermediate district center program operated by the district that had the
adjustment as if their combined state and local revenue per membership pupil
for 1993-94 included resident pupils attending the center program and excluded
nonresident pupils attending the center program.
Sec. 20f. (1) From the
funds appropriated in section 11, there is allocated an amount not to exceed $18,000,000.00 for 2019-2020 2020-2021 for payments to eligible
districts under this section.
(2)
The funding under this subsection is from the allocation under subsection (1).
A district is eligible for funding under this subsection if the district
received a payment under this section as it was in effect for 2013‑2014.
A district was eligible for funding in 2013-2014 if the sum of the following
was less than $5.00:
(a)
The increase in the district’s foundation allowance or per-pupil payment as
calculated under section 20 from 2012-2013 to 2013-2014.
(b)
The district’s equity payment per membership pupil under former section 22c for
2013-2014.
(c)
The quotient of the district’s allocation under section 147a for 2012-2013
divided by the district’s membership pupils for 2012-2013 minus the quotient of
the district’s allocation under section 147a for 2013‑2014 divided by the
district’s membership pupils for 2013-2014.
(3) The
amount allocated to each eligible district under subsection (2) is an amount
per membership pupil equal to the amount per membership pupil the district
received under this section in 2013-2014.
(4)
The funding under this subsection is from the allocation under subsection (1).
A district is eligible for funding under this subsection if the sum of the
following is less than $25.00:
(a)
The increase in the district’s foundation allowance or per-pupil payment as
calculated under section 20 from 2014-2015 to 2015-2016.
(b)
The decrease in the district’s best practices per-pupil funding under former
section 22f from 2014‑2015 to 2015-2016.
(c)
The decrease in the district’s pupil performance per-pupil funding under former
section 22j from 2014‑2015 to 2015-2016.
(d)
The quotient of the district’s allocation under section 31a for 2015-2016
divided by the district’s membership pupils for 2015-2016 minus the quotient of
the district’s allocation under section 31a for 2014‑2015 divided by the
district’s membership pupils for 2014-2015.
(5)
The amount allocated to each eligible district under subsection (4) is an
amount per membership pupil equal to $25.00 minus the sum of the following:
(a)
The increase in the district’s foundation allowance or per-pupil payment as calculated
under section 20 from 2014-2015 to 2015-2016.
(b)
The decrease in the district’s best practices per-pupil funding under former
section 22f from 2014‑2015 to 2015-2016.
(c)
The decrease in the district’s pupil performance per-pupil funding under former
section 22j from 2014‑2015 to 2015-2016.
(d)
The quotient of the district’s allocation under section 31a for 2015-2016
divided by the district’s membership pupils for 2015-2016 minus the quotient of
the district’s allocation under section 31a for 2014‑2015 divided by the
district’s membership pupils for 2014-2015.
(6) If the allocation
under subsection (1) is insufficient to fully fund payments under subsections
(3) and (5) as otherwise calculated under this section, the department shall
prorate payments under this section on an equal per-pupil basis.
Sec.
21h. (1) From the appropriation in section 11, there is allocated $6,000,000.00 $6,137,400.00 for 2019-2020 2020-2021 for assisting districts
assigned by the superintendent to participate in a partnership and districts that have established a
community engagement advisory committee in partnership with the department of
treasury, are required to submit a deficit elimination plan or an enhanced
deficit elimination plan under section 1220 of the revised school code, MCL
380.1220, and are located in a city with a population between 9,000 and 11,000
that is in a county with a population between 155,000 and 160,000 to
improve student achievement and district
financial stability. The
superintendent shall collaborate with the state treasurer to identify any conditions
that may be contributing to low academic performance within a district being
considered for assignment to a partnership. The purpose of the partnership
is to identify district needs, develop intervention plans, and partner with
public, private, and nonprofit organizations to coordinate resources and
improve student achievement. Assignment of a district to a partnership is at
the sole discretion of made by the
superintendent in consultation with the
state treasurer.
(2) A district assigned
to a partnership by the superintendent described
in subsection (1) is eligible for funding under this section if the
district includes at least 1 school that has been rated with a grade of “F”,
or comparable performance rating, in the most recent state accountability
system rating and that does identified
as low performing under the approved federal accountability system or the state
accountability system. A district described in this subsection must do all
of the following to be eligible for
funding under this section:
(a) Completes For a partnership district under this
section, within 90 days of assignment to the partnership described in this
section, and for a district described in subsection (1) that is not a partnership
district under this section, by October 15 of each year, complete a
comprehensive needs assessment or
evaluation in collaboration with an intermediate school district,
community members, education organizations, and postsecondary institutions, as
applicable, and that is approved by the superintendent. , within 90 days of assignment to
the partnership described in this section. The comprehensive needs assessment or evaluation must include
at least all of the following:
(i) A review of the district’s implementation and utilization of a
multi-tiered system of supports to ensure that it is used to appropriately
inform instruction.
(ii) A review of the district and school building leadership and
educator capacity to substantially improve student outcomes.
(iii) A review of classroom, instructional, and operational
practices and curriculum to ensure alignment with research-based instructional
practices and state curriculum standards.
(b) Develops an Develop an academic and financial operating
or intervention plan that has been approved by the superintendent and that
addresses the needs identified in the comprehensive needs assessment or evaluation completed under subdivision (a). The
intervention plan must include at least all of the following:
(i) Specific actions that will be taken by the district and each of
its partners to improve student achievement.
(ii) Specific measurable benchmarks that will be met within 18
months to improve student achievement and identification of expected student
achievement outcomes to be attained within 3 years after assignment to the
partnership.
(c) Crafts Craft academic goals that put pupils on
track to meet or exceed grade level proficiency.
(3) Upon approval of the
academic and financial operating or intervention
plan developed under subsection (2), the department, in collaboration with the department of treasury, shall assign a
team of individuals with expertise in comprehensive school and district reform
to partner with the district, the intermediate district, community
organizations, education organizations, and postsecondary institutions
identified in the academic and financial
operating or intervention plan to review the district’s use of existing
financial resources to ensure that those resources are being used as efficiently
and effectively as possible to improve student academic achievement and to ensure district financial stability.
The superintendent of public instruction may waive burdensome administrative
rules for a partnership district for the duration of the partnership agreement and for a district described in subsection
(1) that is not a partnership district under this section and that receives
funding under this section in the current fiscal year.
(4) Funds allocated
under this section, excluding funds allocated
under subsection (5), may be used to pay for district expenditures approved
by the superintendent to improve student achievement. Funds may be used for
professional development for teachers or district or school leadership,
increased instructional time, teacher mentors, or other expenditures that
directly impact student achievement and cannot be paid from existing district
financial resources. An eligible district shall must not receive funds under this section for more than 3 years.
Notwithstanding section 17b, the department shall make payments to eligible districts
under this section on a schedule determined by the department.
(5) From the funds allocated
under subsection (1), there is allocated for 2020-2021 an amount not to exceed
$137,400.00 for the purchase of a data analytics tool to be used by districts
described in subsection (1). The superintendent of public instruction shall
require districts described in subsection (1) to purchase a data analytics
tool funded under this subsection as part of the agreements described in this
section.
(6) (5) The department, in consultation with the department of
treasury, shall annually report in person to the legislature on the
activities funded under this section and how those activities impacted student
achievement in eligible districts that received funds under this
section. To the extent possible, participating districts receiving funding
under this section shall participate in the report.
Sec.
22a. (1) From the appropriation in section 11, there is allocated an amount not
to exceed $4,916,000,000.00 for 2019-2020 and
there is allocated an amount not to exceed $4,880,500,000.00 for 2020-2021 for
payments to districts and qualifying public school academies to guarantee each
district and qualifying public school academy an amount equal to its 1994-95
total state and local per pupil revenue for school operating purposes under
section 11 of article IX of the state constitution of 1963. Pursuant to section 11
of article IX of the state constitution of 1963, this guarantee does not apply
to a district in a year in which the district levies a millage rate for school
district operating purposes less than it levied in 1994. However, subsection
(2) applies to calculating the payments under this section. Funds allocated under this section that are
not expended in the fiscal year for which they were allocated, as determined by
the department, may be used to supplement the allocations under sections 22b
and 51c to fully fund those allocations for the same fiscal year. For each fund
transfer as described in the immediately preceding sentence that occurs, the
state budget director shall send notification of the transfer to the house and
senate appropriations subcommittees on state school aid and the house and
senate fiscal agencies by not later than 14 calendar days after the transfer
occurs.
(2) To ensure that a
district receives an amount equal to the district’s 1994-95 total state and
local per pupil revenue for school operating purposes, there is allocated to
each district a state portion of the district’s 1994‑95 foundation
allowance in an amount calculated as follows:
(a) Except as otherwise
provided in this subsection, the state portion of a district’s 1994-95
foundation allowance is an amount equal to the district’s 1994-95 foundation
allowance or $6,500.00, whichever is less, minus the difference between the sum
of the product of the taxable value per membership pupil of all property in the
district that is nonexempt property times the district’s certified mills and, for
a district with certified mills exceeding 12, the product of the taxable value
per membership pupil of property in the district that is commercial personal
property times the certified mills minus 12 mills and the quotient of the ad
valorem property tax revenue of the district captured under tax increment
financing acts divided by the district’s membership. For a district that has a
millage reduction required under section 31 of article IX of the state
constitution of 1963, the department shall calculate the state portion of the
district’s foundation allowance as if that reduction did not occur. For a
receiving district, if school operating taxes are to be levied on behalf of a
dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12
of the revised school code, MCL 380.12, taxable value per membership pupil of
all property in the receiving district that is nonexempt property and taxable
value per membership pupil of property in the receiving district that is
commercial personal property do not include property within the geographic area
of the dissolved district; ad valorem property tax revenue of the receiving
district captured under tax increment financing acts does not include ad
valorem property tax revenue captured within the geographic boundaries of the
dissolved district under tax increment financing acts; and certified mills do
not include the certified mills of the dissolved district. For a community
district, the department shall reduce the allocation as otherwise calculated
under this section by an amount equal to the amount of local school operating
tax revenue that would otherwise be due to the community district if not for
the operation of section 386 of the revised school code, MCL 380.386, and the
amount of this reduction is offset by the increase in funding under section
22b(2).
(b) For a district that
had a 1994-95 foundation allowance greater than $6,500.00, the state payment
under this subsection is the sum of the amount calculated under subdivision (a)
plus the amount calculated under this subdivision. The amount calculated under
this subdivision must be equal to the difference between the district’s 1994-95
foundation allowance minus $6,500.00 and the current year hold harmless school
operating taxes per pupil. If the result of the calculation under subdivision
(a) is negative, the negative amount is an offset against any state payment
calculated under this subdivision. If the result of a calculation under this
subdivision is negative, there is not a state payment or a deduction under this
subdivision. The taxable values per membership pupil used in the calculations
under this subdivision are as adjusted by ad valorem property tax revenue captured
under tax increment financing acts divided by the district’s membership. For a
receiving district, if school operating taxes are to be levied on behalf of a
dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12
of the revised school code, MCL 380.12, ad valorem property tax revenue
captured under tax increment financing acts do not include ad valorem property
tax revenue captured within the geographic boundaries of the dissolved district
under tax increment financing acts.
(3) Beginning in
2003-2004, for pupils in membership in a qualifying public school academy,
there is allocated under this section to the authorizing body that is the
fiscal agent for the qualifying public school academy for forwarding to the
qualifying public school academy an amount equal to the 1994-95 per pupil
payment to the qualifying public school academy under section 20.
(4) A district or
qualifying public school academy may use funds allocated under this section in
conjunction with any federal funds for which the district or qualifying public
school academy otherwise would be eligible.
(5) Except as otherwise
provided in this subsection, for a district that is formed or reconfigured
after June 1, 2000 by consolidation of 2 or more districts or by
annexation, the resulting district’s 1994-95 foundation allowance under this
section beginning after the effective date of the consolidation or annexation
is the average of the 1994-95 foundation allowances of each of the original or
affected districts, calculated as provided in this section, weighted as to the
percentage of pupils in total membership in the resulting district in the
fiscal year in which the consolidation takes place who reside in the geographic
area of each of the original districts. If an affected district’s 1994-95
foundation allowance is less than the 1994-95 basic foundation allowance, the
amount of that district’s 1994-95 foundation allowance is considered for the
purpose of calculations under this subsection to be equal to the amount of the
1994-95 basic foundation allowance. This subsection does not apply to a
receiving district unless there is a subsequent consolidation or annexation
that affects the district.
(6) Payments under this
section are subject to section 25g.
(7) As used in this
section:
(a) “1994-95 foundation
allowance” means a district’s 1994-95 foundation allowance calculated and
certified by the department of treasury or the superintendent under former
section 20a as enacted in 1993 PA 336 and as amended by 1994 PA 283.
(b) “Certified mills”
means the lesser of 18 mills or the number of mills of school operating taxes levied
by the district in 1993-94.
(c) “Current fiscal year”
means the fiscal year for which a particular calculation is made.
(d) “Current year hold
harmless school operating taxes per pupil” means the per pupil revenue
generated by multiplying a district’s 1994-95 hold harmless millage by the
district’s current year taxable value per membership pupil. For a receiving
district, if school operating taxes are to be levied on behalf of a dissolved
district that has been attached in whole or in part to the receiving district
to satisfy debt obligations of the dissolved district under section 12 of the
revised school code, MCL 380.12, taxable value per membership pupil does not
include the taxable value of property within the geographic area of the
dissolved district.
(e) “Dissolved district”
means a district that loses its organization, has its territory attached to 1
or more other districts, and is dissolved as provided under section 12 of the
revised school code, MCL 380.12.
(f) “Hold harmless
millage” means, for a district with a 1994-95 foundation allowance greater than
$6,500.00, the number of mills by which the exemption from the levy of school
operating taxes on a principal residence, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal
property, commercial personal property, and property occupied by a public
school academy could be reduced as provided in section 1211 of the revised
school code, MCL 380.1211, and the number of mills of school operating taxes
that could be levied on all property as provided in section 1211(2) of the
revised school code, MCL 380.1211, as certified by the department of treasury
for the 1994 tax year. For a receiving district, if school operating taxes are
to be levied on behalf of a dissolved district that has been attached in whole
or in part to the receiving district to satisfy debt obligations of the
dissolved district under section 12 of the revised school code, MCL 380.12,
school operating taxes do not include school operating taxes levied within the
geographic area of the dissolved district.
(g) “Membership” means
the definition of that term under section 6 as in effect for the particular
fiscal year for which a particular calculation is made.
(h) “Nonexempt property”
means property that is not a principal residence, qualified agricultural property,
qualified forest property, supportive housing property, industrial personal
property, commercial personal property, or property occupied by a public school
academy.
(i) “Principal residence”,
“qualified agricultural property”, “qualified forest property”, “supportive
housing property”, “industrial personal property”, and “commercial personal
property” mean those terms as defined in section 1211 of the revised school
code, MCL 380.1211.
(j) “Qualifying
public school academy” means a public school academy that was in operation in
the 1994-95 school year and is in operation in the current fiscal year.
(k) “Receiving
district” means a district to which all or part of the territory of a dissolved
district is attached under section 12 of the revised school code, MCL 380.12.
(l) “School operating taxes” means local
ad valorem property taxes levied under section 1211 of the revised school code,
MCL 380.1211, and retained for school operating purposes as defined in section
20.
(m) “Tax
increment financing acts” means parts 2, 3, 4, and 6 of the recodified tax
increment financing act, 2018 PA 57, MCL 125.4201 to 125.4420 and 125.4602 to
125.4629, or the brownfield redevelopment financing act, 1996 PA 381, MCL
125.2651 to 125.2670.
(n) “Taxable
value per membership pupil” means each of the following divided by the district’s
membership:
(i) For the number of mills by which the
exemption from the levy of school operating taxes on a principal residence,
qualified agricultural property, qualified forest property, supportive housing
property, industrial personal property, commercial personal property, and
property occupied by a public school academy may be reduced as provided in
section 1211 of the revised school code, MCL 380.1211, the taxable value of
principal residence, qualified agricultural property, qualified forest
property, supportive housing property, industrial personal property, commercial
personal property, and property occupied by a public school academy for the
calendar year ending in the current fiscal year. For a receiving district, if
school operating taxes are to be levied on behalf of a dissolved district that
has been attached in whole or in part to the receiving district to satisfy debt
obligations of the dissolved district under section 12 of the revised school
code, MCL 380.12, mills do not include mills within the geographic area of the
dissolved district.
(ii) For the number of mills of school
operating taxes that may be levied on all property as provided in section
1211(2) of the revised school code, MCL 380.1211, the taxable value of all
property for the calendar year ending in the current fiscal year. For a
receiving district, if school operating taxes are to be levied on behalf of a
dissolved district that has been attached in whole or in part to the receiving
district to satisfy debt obligations of the dissolved district under section 12
of the revised school code, MCL 380.12, school operating taxes do not include
school operating taxes levied within the geographic area of the dissolved
district.
Sec. 22b. (1) For
discretionary nonmandated payments to districts under this section, there is
allocated for 2019-2020 an amount not to exceed $4,499,100,000.00 from the
state school aid fund and general fund appropriations in section 11 and an
amount not to exceed $75,900,000.00 from the community district education trust
fund appropriation in section 11, and
there is allocated for 2020-2021 an amount not to exceed $4,488,800,000.00 from
the state school aid fund and general fund appropriations in section 11 and an
amount not to exceed $77,700,000.00 from the community district education trust
fund appropriation in section 11. Except
for money allocated under this section from the community district education
trust fund appropriation in section 11, funds allocated under this section that
are not expended in the fiscal year for which they were allocated, as determined
by the department, may be used to supplement the allocations under sections 22a
and 51c to fully fund those allocations for the same fiscal year. For each fund
transfer as described in the immediately preceding sentence that occurs, the
state budget director shall send notification of the transfer to the house and
senate appropriations subcommittees on state school aid and the house and
senate fiscal agencies by not later than 14 calendar days after the transfer
occurs.
(2)
Subject to subsection (3) and section 296, the allocation to a district under
this section is an amount equal to the sum of the amounts calculated under
sections 20, 51a(2), 51a(3), and 51a(11), minus the sum of the allocations to
the district under sections 22a and 51c. For a community district, the
allocation as otherwise calculated under this section is increased by an amount
equal to the amount of local school operating tax revenue that would otherwise
be due to the community district if not for the operation of section 386 of the
revised school code, MCL 380.386, and this increase must be paid from the
community district education trust fund allocation in subsection (1) in order
to offset the absence of local school operating revenue in a community district
in the funding of the state portion of the foundation allowance under section
20(4).
(3) In
order to receive an allocation under subsection (1), each district must do all
of the following:
(a)
Comply with section 1280b of the revised school code, MCL 380.1280b.
(b)
Comply with sections 1278a and 1278b of the revised school code, MCL 380.1278a
and 380.1278b.
(c)
Furnish data and other information required by state and federal law to the
center and the department in the form and manner specified by the center or the
department, as applicable.
(d)
Comply with section 1230g of the revised school code, MCL 380.1230g.
(e)
Comply with section 21f.
(f)
For a district that has entered into a partnership agreement with the
department, comply with section 22p.
(g) For a district that
offers kindergarten, comply with section 104(4).
(4) Districts are
encouraged to use funds allocated under this section for the purchase and
support of payroll, human resources, and other business function software that
is compatible with that of the intermediate district in which the district is
located and with other districts located within that intermediate district.
(5) From the allocation
in subsection (1), the department shall pay up to $1,000,000.00 in litigation
costs incurred by this state related to commercial or industrial property tax
appeals, including, but not limited to, appeals of classification, that impact
revenues dedicated to the state school aid fund.
(6) From the allocation
in subsection (1), the department shall pay up to $1,000,000.00 in litigation
costs incurred by this state associated with lawsuits filed by 1 or more
districts or intermediate districts against this state. If the allocation under
this section is insufficient to fully fund all payments required under this
section, the payments under this subsection must be made in full before any
proration of remaining payments under this section.
(7) It is the intent of
the legislature that all constitutional obligations of this state have been
fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by
an entity receiving funds under this article that challenges the legislative
determination of the adequacy of this funding or alleges that there exists an
unfunded constitutional requirement, the state budget director may escrow or
allocate from the discretionary funds for nonmandated payments under this
section the amount as may be necessary to satisfy the claim before making any
payments to districts under subsection (2). If funds are escrowed, the escrowed
funds are a work project appropriation and the funds are carried forward into
the following fiscal year. The purpose of the work project is to provide for
any payments that may be awarded to districts as a result of litigation. The
work project is completed upon resolution of the litigation.
(8) If the local claims
review board or a court of competent jurisdiction makes a final determination
that this state is in violation of section 29 of article IX of the state
constitution of 1963 regarding state payments to districts, the state budget
director shall use work project funds under subsection (7) or allocate from the
discretionary funds for nonmandated payments under this section the amount as
may be necessary to satisfy the amount owed to districts before making any
payments to districts under subsection (2).
(9) If a claim is made
in court that challenges the legislative determination of the adequacy of
funding for this state’s constitutional obligations or alleges that there
exists an unfunded constitutional requirement, any interested party may seek an
expedited review of the claim by the local claims review board. If the claim
exceeds $10,000,000.00, this state may remove the action to the court of
appeals, and the court of appeals has and shall exercise jurisdiction over the
claim.
(10) If payments
resulting from a final determination by the local claims review board or a
court of competent jurisdiction that there has been a violation of section 29
of article IX of the state constitution of 1963 exceed the amount allocated for
discretionary nonmandated payments under this section, the legislature shall
provide for adequate funding for this state’s constitutional obligations at its
next legislative session.
(11) If a lawsuit
challenging payments made to districts related to costs reimbursed by federal
title XIX Medicaid funds is filed against this state, then, for the purpose of
addressing potential liability under such a lawsuit, the state budget director
may place funds allocated under this section in escrow or allocate money from
the funds otherwise allocated under this section, up to a maximum of 50% of the
amount allocated in subsection (1). If funds are placed in escrow under this
subsection, those funds are a work project appropriation and the funds are
carried forward into the following fiscal year. The purpose of the work project
is to provide for any payments that may be awarded to districts as a result of
the litigation. The work project is completed upon resolution of the
litigation. In addition, this state reserves the right to terminate future
federal title XIX Medicaid reimbursement payments to districts if the amount or
allocation of reimbursed funds is challenged in the lawsuit. As used in this
subsection, “title XIX” means title XIX of the social security act, 42 USC 1396
to 1396w-5.
Sec. 22d. (1) From the
state school aid fund money appropriated under section 11, an amount not to
exceed $7,000,000.00 is
allocated for 2019-2020 2020-2021
for supplemental payments to rural districts under this section.
(2) From the allocation
under subsection (1), there is allocated for 2019-2020 2020-2021 an amount not to exceed $957,300.00 for payments under this
subsection to districts that meet all of the following:
(a) Operates grades K to
12.
(b) Has fewer than 250
pupils in membership.
(c) Each school building
operated by the district meets at least 1 of the following:
(i) Is located in the Upper Peninsula at least 30 miles from any
other public school building.
(ii) Is located on an island that is not accessible by bridge.
(3)
The amount of the additional funding to each eligible district under subsection
(2) is determined under a spending plan developed as provided in this
subsection and approved by the superintendent of public instruction. The
spending plan must be developed cooperatively by the intermediate
superintendents of each intermediate district in which an eligible district is
located. The intermediate superintendents shall review the financial situation
of each eligible district, determine the minimum essential financial needs of
each eligible district, and develop and agree on a spending plan that
distributes the available funding under subsection (2) to the eligible
districts based on those financial needs. The intermediate superintendents
shall submit the spending plan to the superintendent of public instruction for
approval. Upon approval by the superintendent of public instruction, the
amounts specified for each eligible district under the spending plan are
allocated under subsection (2) and must be paid to the eligible districts in
the same manner as payments under section 22b.
(4)
Subject to subsection (6), from the allocation in subsection (1), there is
allocated for 2019-2020 2020‑2021
an amount not to exceed $6,042,700.00 for
payments under this subsection to districts that have fewer than 10.0 pupils
per square mile as determined by the department.
(5)
The funds allocated under subsection (4) are allocated as follows:
(a) An
amount equal to $5,200,000.00 is
allocated to districts with fewer than 8.0 pupils per square mile, as
determined by the department, on an equal per-pupil basis.
(b)
The balance of the funding under subsection (4) is allocated as follows:
(i) For districts with at least 8.0 but
fewer than 9.0 pupils per square mile, as determined by the department, the
allocation is an amount per pupil equal to 75% of the per-pupil amount
allocated to districts under subdivision (a).
(ii) For districts with at least 9.0 but
fewer than 10.0 pupils per square mile, as determined by the department, the
allocation is an amount per pupil equal to 50% of the per-pupil amount
allocated to districts under subdivision (a).
(c) If
the total funding allocated under subdivision (b) is not sufficient to fully
fund payments as calculated under that subdivision, the department shall
prorate payments to districts under subdivision (b) on an equal per-pupil
basis.
(6) A
district receiving funds allocated under subsection (2) is not eligible for
funding allocated under subsection (4).
Sec. 22m. (1) From the
appropriations in section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $2,200,000.00 for supporting the
integration of local data systems into the Michigan data hub network based on
common standards and applications that are in compliance with section 19(6).
(2) An
entity that is the fiscal agent for no more than 5 consortia of intermediate
districts that previously received funding from the technology readiness
infrastructure grant under former section 22i for the purpose of establishing
regional data hubs that are part of the Michigan data hub network is eligible
for funding under this section.
(3)
The center shall work with an advisory committee composed of representatives
from intermediate districts within each of the data hub regions to coordinate
the activities of the Michigan data hub network.
(4)
The center, in collaboration with the Michigan data hub network, shall
determine the amount of funds distributed under this section to each
participating regional data hub within the network, based upon a competitive
grant process. The center shall ensure that the entities receiving funding
under this section represent geographically diverse areas in this state.
(5)
Notwithstanding section 17b, the department shall make payments under this
section on a schedule determined by the center.
(6) To
receive funding under this section, a regional data hub must have a governance
model that ensures local control of data, data security, and student privacy
issues. The integration of data within each of the regional data hubs must
provide for the actionable use of data by districts and intermediate districts
through common reports and dashboards and for efficiently providing information
to meet state and federal reporting purposes.
(7)
Participation in a data hub region in the Michigan data hub network under this
section is voluntary and is not required.
(8)
Entities receiving funding under this section shall use the funds for all of
the following:
(a)
Creating an infrastructure that effectively manages the movement of data
between data systems used by intermediate districts, districts, and other
educational organizations in Michigan based on common data standards to improve
student achievement.
(b) Utilizing
the infrastructure to put in place commonly needed integrations, reducing cost
and effort to do that work while increasing data accuracy and usability.
(c)
Promoting the use of a more common set of applications by promoting systems
that integrate with the Michigan data hub network.
(d)
Promoting 100% district adoption of the Michigan data hub network by September
30, 2020.2021.
(e) Ensuring local
control of data, data security, and student data privacy.
(f) Utilizing the
infrastructure to promote the actionable use of data through common reports and
dashboards that are consistent statewide.
(g) Creating a
governance model to facilitate sustainable operations of the infrastructure in
the future, including administration, legal agreements, documentation,
staffing, hosting, and funding.
(h) Evaluating future
data initiatives at all levels to determine whether the initiatives can be
enhanced by using the standardized environment in the Michigan data hub
network.
(9) Not later than
January 1 of each fiscal year, the center shall prepare a summary report of
information provided by each entity that received funds under this section that
includes measurable outcomes based on the objectives described under this
section and a summary of compiled data from each entity to provide a means to
evaluate the effectiveness of the project. The center shall submit the report
to the house and senate appropriations subcommittees on state school aid and to
the house and senate fiscal agencies.
Sec. 22p. (1) In Subject to subsection (2), in order to receive funding under section 22b, a district or
public school academy that has is assigned by the superintendent of public
instruction as a partnership district must have a signed 3-year partnership agreement with the department must meet both of the following:that includes all of the
following:
(a) Adopts a partnership agreement that includes
measurable Measurable academic outcomes that will be achieved the district or public school
academy will achieve for each school operated by the district or public school
academy that is subject to the partnership agreement after 18 months and after 36 months from the date the
agreement was originally signed. Measurable academic outcomes under this
subdivision must include outcomes all of the following:
(i) Outcomes that put pupils on track to meet or exceed grade level
proficiency and must be and that are based on district or public school academy needs identified as required under section 21h.
(ii) Either of the following, as
applicable:
(A) At least 1 proficiency or growth outcome
based on state assessments described in section 104b or 104c.
(B) For 2020-2021 only, at least 1 proficiency
or growth outcome based on a benchmark assessment described in section 104.
(b) Adopts a partnership agreement that includes
accountability Accountability measures to be imposed if the district or
public school academy does not achieve the measurable academic outcomes under described in subdivision (a) for a each school operated by the district or public school
academy that is subject to a the partnership agreement. Accountability For a district assigned as a partnership district as described in
this subsection, accountability measures under this subdivision may must include the closure of the school at the end of the
current school year or the reconstitution of the school. For a public school academy that adopts a
partnership agreement under this subdivision, the agreement must include a For a public school academy
assigned as a partnership district as described in this subsection, accountability
measures under this subdivision may include the reconstitution of the school.
(c) For a public school academy assigned as a
partnership district as described in this subsection, a requirement that, if reconstitution is imposed on a school
that is operated by the public school academy and that is subject to the
partnership agreement, the school must be reconstituted as described in section
507, 528, or 561, as applicable, of the revised school code, MCL 380.507, . For a district that adopts a partnership
agreement under this subdivision, the agreement must include a requirement 380.528, and 380.561.
(d) For a district assigned as a partnership
district as described in this subsection, a provision that, if reconstitution is imposed on a school
that is operated by the district and that is subject to the partnership
agreement, all of the following apply:reconstitution may require
closure of the school building, but, if the school building remains open, reconstitution
must include, but is not limited to, all of the following:
(i) The district
shall make significant changes to the instructional and noninstructional
programming of the school based on the needs identified through a comprehensive
review of data in compliance with section 21h.
(ii) The district
shall replace the principal of the school, unless the
current principal has been in place for less than 3 years and the board of the
district determines that it is in the best interests of the district to retain
current school leadership.review whether the current principal of the school should remain
as principal or be replaced.
(iii) The
reconstitution plan for the school shall must require the adoption of goals similar to the
goals included in a the partnership agreement, with a limit of 5 3 years to achieve the goals. If the goals are not achieved
within 5 3 years, the superintendent of public instruction shall either impose a second reconstitution plan. on the school or close the school.
(2) If a district or public school academy is
assigned as a partnership district as described in subsection (1) during the
current fiscal year, it shall ensure that it has a signed partnership agreement
as described in subsection (1) in place by not later than 90 days after the
date that it is assigned as a partnership district. If a district or public
school academy described in this subsection does not comply with this
subsection, the department shall withhold funding under section 22b for that
district or public school academy until the district or public school academy
has a signed partnership agreement as described in subsection (1) in place.
Sec.
24. (1) From the appropriation in section 11, there is allocated for 2019-2020
2020-2021 an amount not to
exceed $7,150,000.00 for
payments to the educating district or intermediate district for educating
pupils assigned by a court or the department of health and human services to
reside in or to attend a juvenile detention facility or child caring
institution licensed by the department of health and human services and
approved by the department to provide an on-grounds education program. The
amount of the payment under this section to a district or intermediate district
is calculated as prescribed under subsection (2).
(2) The department shall
allocate the total amount allocated under this section by paying to the
educating district or intermediate district an amount equal to the lesser of
the district’s or intermediate district’s added cost or the department’s
approved per-pupil allocation for the district or intermediate district. For
the purposes of this subsection:
(a) “Added cost” means
100% of the added cost each fiscal year for educating all pupils assigned by a
court or the department of health and human services to reside in or to attend
a juvenile detention facility or child caring institution licensed by the
department of health and human services or the department of licensing and
regulatory affairs and approved by the department to provide an on-grounds
education program. Added cost is computed by deducting all other revenue
received under this article for pupils described in this section from total
costs, as approved by the department, in whole or in part, for educating those
pupils in the on-grounds education program or in a program approved by the
department that is located on property adjacent to a juvenile detention
facility or child caring institution. Costs reimbursed by federal funds are not
included.
(b) “Department’s
approved per-pupil allocation” for a district or intermediate district is
determined by dividing the total amount allocated under this section for a
fiscal year by the full-time equated membership total for all pupils approved
by the department to be funded under this section for that fiscal year for the
district or intermediate district.
(3) A district or
intermediate district educating pupils described in this section at a
residential child caring institution may operate, and receive funding under
this section for, a department-approved on-grounds educational program for
those pupils that is longer than 181 days, but not longer than 233 days, if the
child caring institution was licensed as a child caring institution and offered
in 1991-92 an on-grounds educational program that was longer than 181 days but
not longer than 233 days and that was operated by a district or intermediate
district.
(4) Special education
pupils funded under section 53a are not funded under this section.
Sec.
24a. From the appropriation in section 11, there is allocated an amount not to
exceed $1,355,700.00 for
2019-2020 2020-2021 for
payments to intermediate districts for pupils who are placed in juvenile
justice service facilities operated by the department of health and human
services. The amount of the payment to each intermediate district is an amount
equal to the state share of those costs that are clearly and directly
attributable to the educational programs for pupils placed in facilities
described in this section that are located within the intermediate district’s
boundaries. The intermediate districts receiving payments under this section
shall cooperate with the department of health and human services to ensure that
all funding allocated under this section is utilized by the intermediate district
and department of health and human services for educational programs for pupils
described in this section. Pupils described in this section are not eligible to
be funded under section 24. However, a program responsibility or other fiscal
responsibility associated with these pupils must not be transferred from the
department of health and human services to a district or intermediate district
unless the district or intermediate district consents to the transfer.
Sec.
25f. (1) From the state school aid fund money appropriated in section 11, there
is allocated an amount not to exceed $1,600,000.00 for 2019-2020 2020-2021 for payments to strict
discipline academies established under sections 1311b to 1311m of the revised
school code, MCL 380.1311b to 380.1311m, as provided under this section.
(2) In order to receive
funding under this section, a strict discipline academy shall must first comply with section 25e and
use the pupil transfer process under that section for changes in enrollment as
prescribed under that section.
(3) The total amount
allocated to a strict discipline academy under this section must first be
distributed as the lesser of the strict discipline academy’s added cost or the
department’s approved per-pupil allocation for the strict discipline academy.
Any funds remaining after the first distribution must be distributed by
prorating on an equal per-pupil membership basis, not to exceed a strict
discipline academy’s added cost. However, the sum of the amounts received by a
strict discipline academy under this section and under section 24 must not
exceed the product of the strict discipline academy’s per-pupil allocation
calculated under section 20 multiplied by the strict discipline academy’s
full-time equated membership. The department shall allocate funds to strict
discipline academies under this section on a monthly basis. For the purposes of
this subsection:
(a) “Added cost” means
100% of the added cost each fiscal year for educating all pupils enrolled and
in regular daily attendance at a strict discipline academy. Added cost must be
computed by deducting all other revenue received under this article for pupils
described in this subsection from total costs, as approved by the department,
in whole or in part, for educating those pupils in a strict discipline academy.
The department shall include all costs including, but not limited to,
educational costs, insurance, management fees, technology costs, legal fees,
auditing fees, interest, pupil accounting costs, and any other administrative
costs necessary to operate the program or to comply with statutory
requirements. Costs reimbursed by federal funds are not included.
(b) “Department’s
approved per-pupil allocation” for a strict discipline academy is determined by
dividing the total amount allocated under this subsection for a fiscal year by
the full-time equated membership total for all pupils approved by the
department to be funded under this subsection for that fiscal year for the
strict discipline academy.
(4) Special education
pupils funded under section 53a are not funded under this section.
(5) If the funds
allocated under this section are insufficient to fully fund the adjustments
under subsection (3), the department shall prorate payments under this
section on an equal per-pupil basis.
(6) The department shall
make payments to districts under this section according to the payment schedule
under section 17b.
Sec.
25g. (1) From the state school aid fund money appropriated in section 11, there
is allocated an amount not to exceed $750,000.00 for 2019-2020 2020-2021 for the purposes of this
section. Except as otherwise provided in this section, if the operation of the
special membership counting provisions under section 6(4)(dd) and the
other membership counting provisions under section 6(4) result in a pupil being
counted as more than 1.0 FTE in a fiscal year, then the payment made for the
pupil under sections 22a and 22b must not be based on more than 1.0 FTE for
that pupil, and that portion of the FTE that exceeds 1.0 is paid under this
section in an amount equal to that portion multiplied by the educating district’s
foundation allowance or per-pupil payment calculated under section 20.
(2) Special education
pupils funded under section 53a are not funded under this section.
(3) If the funds
allocated under this section are insufficient to fully fund the adjustments
under subsection (1), the department shall prorate payments under this
section on an equal per-pupil basis.
(4) The department shall
make payments to districts under this section according to the payment schedule
under section 17b.
Sec. 25i. (1) From the general fund money
appropriated in section 11, there is allocated for 2020‑2021 an amount
not to exceed $2,000,000.00 for an eligible attendance recovery program as
described in subsection (3). The funds allocated under this section must be
used to administer an eligible attendance recovery program for all districts
that opt into the program to serve eligible pupils described in subsection (2).
(2) A pupil who meets any of
the following and who is enrolled in a district that opts into the attendance
recovery program funded under this section is an eligible pupil under this
section:
(a) The pupil did not engage in
the district’s remote continuous education offerings in spring 2020.
(b) The pupil needs
intervention based on his or her absences or consistent disengagement in
classes.
(c) The pupil is in danger of
failing 1 or more classes.
(d) The pupil is eligible under
the McKinney-Vento homelessness assistance act, Public Law 100-77, or is in
foster care.
(e) The pupil’s family requires
financial or social support.
(f) The pupil has disengaged in
his or her education, is attending school irregularly, or is not progressing in
his or her coursework.
(3) An attendance recovery
program that meets all of the following is an eligible attendance recovery
program under this section:
(a) Reflects experience and
successful outcomes running statewide student recovery programs.
(b) Has, at a minimum, 2 years
of experience working with this state’s local education agencies.
(c) Has multimodal contact
capabilities that include, but are not limited to, a call center, electronic
mail, text, social-media matching, and public service announcements.
(d) Reflects experience in
assisting at-risk students in overcoming learning barriers in a remote or
online learning environment.
(e) Has the ability to scale to
provide outreach to at least 20,000 students before the end of 2020.
(4) The department shall choose
and designate the provider of the eligible attendance recovery program under
this section by not later than November 1, 2020. The provider chosen and
designated by the department under this subsection must do all of the
following:
(a) Work with the department to
notify districts about the program and provide technical assistance to
districts interested in opting in.
(b) Work with each district to
obtain contact information for each eligible pupil.
(c) Provide outreach using
differentiated treatment strategies to pupils and families using multiple modalities
that may include phone, text, social media, electronic mail, and traditional
mail, to find and engage eligible pupils.
(d) Implement a culturally and
linguistically responsive outreach and support plan. Elements of the plan must
include differentiated outreach and ongoing coaching strategies to families to
ensure cultural and linguistic relevance.
(e) Use information about
barriers to engagement gathered from pupils and families to assign eligible
pupils to an ongoing support level. Ongoing support levels described in this
subdivision must include a minimum of 3 support tiers following the general design
of response to intervention (RTI) models.
(f) For eligible pupils and
their families, provide a coach to deliver interventions in accordance with the
pupil’s needs and the framework of his or her assigned ongoing support level.
(g) Report weekly to each
district that has opted into the program and to the department with metrics
agreed upon by the provider and the department.
(5) Notwithstanding section
17b, the department shall make payments under this section by not later than
December 1, 2020.
Sec. 25j. (1) From the state school aid fund
money appropriated in section 11, there is allocated $2,000,000.00 to
intermediate districts for 2020-2021 to be used for the purposes described in
subsection (3).
(2) The funding provided to
each intermediate district under this section must be based on the number of
pupils within the intermediate district who are economically disadvantaged in
proportion to the number of economically disadvantaged pupils statewide.
(3) An intermediate district
that receives a payment from funds allocated under subsection (1) shall use the
funding to support districts that offered in-person instruction at the
beginning of the 2019‑2020 fiscal year but that began the 2020-2021
fiscal year utilizing a virtual-only mode of instruction or a hybrid of
in-person and a virtual mode of instruction. Funds allocated under subsection
(1) must be used for the following purposes:
(a) To meet the unique needs of
students with an individualized education program.
(b) To address increased
numbers of chronically absent pupils, as applicable.
(c) To offer child care
solutions for elementary-aged students.
(4) Notwithstanding section
17b, the department shall make payments under this section on a schedule
determined by the department.
(5) As used in this section, “economically
disadvantaged” means that term as defined in section 31a.
Sec.
26a. From the funds appropriated in section 11, there is allocated an amount
not to exceed $14,000,000.00 for 2018-2019 and there is allocated an amount
not to exceed $15,300,000.00 for
2019-2020 2020-2021 to
reimburse districts and intermediate districts pursuant to under section 12 of the Michigan
renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2018
and 2019, as applicable. 2020. The
department shall pay the allocations not later than 60 days after the
department of treasury certifies to the department and to the state budget
director that the department of treasury has received all necessary information
to properly determine the amounts due to each eligible recipient.
Sec.
26b. (1) From the appropriation in section 11, there is allocated an amount
not to exceed $4,420,100.00 for 2018-2019 and there is allocated an amount
not to exceed $4,641,100.00 $4,645,000.00 for 2019-2020 2020-2021 for payments to districts,
intermediate districts, and community college districts for the portion of the
payment in lieu of taxes obligation that is attributable to districts,
intermediate districts, and community college districts under section 2154 of
the natural resources and environmental protection act, 1994 PA 451, MCL
324.2154.
(2) If the amount
appropriated under this section is not sufficient to fully pay obligations
under this section, payments are prorated on an equal basis among all eligible
districts, intermediate districts, and community college districts.
Sec.
26c. (1) From the appropriation in state
school aid fund money appropriated under section 11, there is allocated an
amount not to exceed $7,400,000.00 $9,700,000.00
for 2019-2020 2020-2021 to
the promise zone fund created in subsection (3). The funds allocated under this
section reflect the amount of revenue from the collection of the state education
tax captured under section 17 of the Michigan promise zone authority act, 2008
PA 549, MCL 390.1677.
(2) Funds allocated to
the promise zone fund under this section must be used solely for payments to
eligible districts and intermediate districts, in accordance with section 17 of
the Michigan promise zone authority act, 2008 PA 549, MCL 390.1677, that have a
promise zone development plan approved by the department of treasury under
section 7 of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1667.
Eligible districts and intermediate districts shall use payments made under
this section for reimbursement for qualified educational expenses as defined in
section 3 of the Michigan promise zone authority act, 2008 PA 549, MCL
390.1663.
(3) The promise zone
fund is created as a separate account within the state school aid fund to be
used solely for the purposes of the Michigan promise zone authority act, 2008
PA 549, MCL 390.1661 to 390.1679. All of the following apply to the promise
zone fund:
(a) The state treasurer
shall direct the investment of the promise zone fund. The state treasurer shall
credit to the promise zone fund interest and earnings from fund investments.
(b) Money in the promise
zone fund at the close of a fiscal year remains in the promise zone fund and
does not lapse to the general fund.
(4) Subject to
subsection (2), the state treasurer may make payments from the promise zone
fund to eligible districts and intermediate districts under the Michigan
promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used
for the purposes of a promise zone authority created under that act.
(5) Notwithstanding
section 17b, the department shall make payments under this section on a schedule
determined by the department.
Sec.
28. (1) To recognize differentiated instructional costs for different types of
pupils in 2019-2020, 2020‑2021,
the following sections provide a weighted foundation allocation or an
additional payment of some type in the following amounts, as allocated under
those sections:
(a) Section 22d,
isolated and rural districts, $7,000,000.00.
(b) Section 31a, at
risk, standard programming, $510,000,000.00.
(c) Section 31a, at
risk, additional payment, $12,000,000.00.
(d) Section 41,
bilingual education for English language learners, $16,000,000.00.$13,000,000.00.
(e) Section 51c, special
education, mandated percentages, $689,100,000.00.$713,400,000.00.
(f) Section 51f, special
education, additional percentages, $60,207,000.00.
(g) Section 61a, career
and technical education, standard reimbursement, $37,611,300.00.
(h) Section 61d, career and technical education incentives, $10,000,000.00.$5,000,000.00.
(2) The funding
described in subsection (1) is not a separate allocation of any funding but is
instead a listing of funding allocated in the sections listed in subsection
(1).
Sec. 29a. (1) From the state school
aid fund money appropriated under section 11, there is allocated for 2020-2021
an amount not to exceed $66,000,000.00 for payments as provided under this
section to eligible districts described in subsection (2).
(2) A district for which its 2020-2021 pupils in
membership exceeds the calculation of membership for that district under
section 6(4) for 2020-2021 is an eligible district under this section.
(3) The payment to each eligible district under
this section must be equal to the lesser of the eligible district’s foundation
allowance or the target foundation allowance multiplied by the difference
between the eligible district’s 2020-2021 pupils in membership and the eligible
district’s membership for 2020-2021 as calculated under section 6(4).
(4) If funds allocated under this section are
insufficient to fully fund the calculations under this section, the department
shall apply proration of an equal dollar amount per pupil.
(5) As used in this section, “2020-2021 pupils
in membership” means the sum of (the product of .90 times the number of
full-time equated pupils engaged in pandemic learning for fall 2020 or, for a
district that is a public school academy that operates as a cyber school, as
that term is defined in section 551 of the revised school code, MCL
380.551, the number of full-time equated pupils in grades K to 12 actually
enrolled and in regular daily attendance in the district on pupil membership
count day for the current school year) and (the product of .10 times the final
audited count from the supplemental count day of full-time equated pupils in
grades K to 12 actually enrolled and in regular daily attendance in the
district for the immediately preceding school year).
Sec.
31a. (1) From the state school aid fund money appropriated in section 11, there
is allocated for 2019-2020 2020-2021
an amount not to exceed $535,150,000.00 for
payments to eligible districts and eligible public school academies for the purposes
of ensuring that pupils are proficient in English language arts by the end of
grade 3, that pupils are proficient in mathematics by the end of grade 8, that
pupils are attending school regularly, that high school graduates are career
and college ready, and for the purposes under subsections (7) and (8).
(2)
For a district that has combined state and local revenue per membership pupil
under section 20 that is greater than the target foundation allowance under
section 20 for the current fiscal year and that, for the immediately preceding
fiscal year, had combined state and local revenue per membership pupil under
section 20 that was greater than the basic target foundation allowance under section 20 that was in effect for the 2018-2019 that fiscal year, the allocation under this section is an amount equal
to 30% of the allocation for which it would otherwise be eligible under this
section before any proration under subsection (14). It is the intent of the legislature that, if revenues are sufficient
and if districts with combined state and local revenue per membership pupil
under section 20 that is below the target foundation allowance are receiving
nonprorated payments under this section, the percentage in the immediately
preceding sentence must be increased annually until it reaches 100%. If a
district has combined state and local revenue per membership pupil under
section 20 that is greater than the target foundation allowance under section
20 for the current fiscal year, but for the immediately preceding 2018-2019 fiscal year had combined
state and local revenue per membership pupil under section 20 that was less
than the basic foundation allowance under
section 20 that was in effect
for the 2018-2019 fiscal year, the district
shall receive an amount per pupil equal to 11.5% of the statewide weighted
average foundation allowance, as applied under subsection (4), and before any
proration under subsection (14).
(3)
For a district or public school academy to be eligible to receive funding under
this section, other than funding under subsection (7) or (8), the district or
public school academy, for grades K to 12, shall must comply with the requirements under section 1280f of the
revised school code, MCL 380.1280f, and shall use resources to address early literacy
and numeracy, and for at least grades K to 12 or, if the district or public
school academy does not operate all of grades K to 12, for all of the grades it
operates, must implement a multi-tiered system of supports that is an evidence
based framework that uses data driven problem solving to integrate academic and
behavioral instruction and that uses intervention delivered to all pupils in
varying intensities based on pupil needs. The multi-tiered system of supports
described in this subsection must provide at least all of the following
essential components:
(a)
Team-based leadership.
(b) A
tiered delivery system.
(c)
Selection and implementation of instruction, interventions, and supports.
(d) A
comprehensive screening and assessment system.
(e)
Continuous data-based decision making.
(4)
From the funds allocated under subsection (1), there is allocated for 2019-2020
2020-2021 an amount not to
exceed $510,000,000.00 to
continue a weighted foundation per pupil payment for districts and public
school academies enrolling economically disadvantaged pupils. The department
shall pay under this section to each eligible district or eligible public
school academy an amount per pupil equal to 11.5% of the statewide weighted
average foundation allowance for the following, as applicable:
(a)
Except as otherwise provided under subdivision (b), or (c), or (d)
the greater of the following:
(i) The number of membership pupils in
the district or public school academy who are determined to be economically
disadvantaged, as reported to the center in the form and manner prescribed by
the center not later than the fifth Wednesday after the pupil membership count
day of the immediately preceding fiscal year.
(ii) If the district or public school
academy is in the community eligibility program, the number of pupils
determined to be eligible based on the product of the identified student
percentage multiplied by the total number of membership pupils in the
district or public school academy, as reported to the center in the form and
manner prescribed by the center not later than the fifth Wednesday after the
pupil membership count day of the immediately preceding fiscal year. These calculations must be made at the
building level. This subparagraph only applies to an eligible district or
eligible public school academy for the fiscal year immediately following the
first fiscal year in which it is in the community eligibility program. As used
in this subparagraph, “identified student percentage” means the quotient of the
number of membership pupils in an eligible district or eligible public
school academy who are determined to be economically disadvantaged, as reported
to the center in a form and manner prescribed by the center, not later than the
fifth Wednesday after the pupil membership count day in the fiscal year
preceding the first fiscal year in which the eligible district or eligible
public school academy is in the community eligibility program, divided by the total number of pupils counted in
membership in an eligible district or eligible public school academy on the
pupil membership count day in the fiscal year preceding the first fiscal year
in which the eligible district or eligible public school academy is in the
community eligibility program.
(b) If
the district or public school academy began operations as a district or public
school academy after the pupil membership count day of the immediately
preceding school year, the number of membership pupils in the district or
public school academy who are determined to be economically disadvantaged, as
reported to the center in the form and manner prescribed by the center not
later than the fifth Wednesday after the pupil membership count day of the
current fiscal year.
(c) If
the district or public school academy began operations as a district or public
school academy after the pupil membership count day of the current fiscal year,
the number of membership pupils in the district or public school academy who
are determined to be economically disadvantaged, as reported to the center in
the form and manner prescribed by the center not later than the fifth Wednesday
after the supplemental count day of the current fiscal year.
(d) If, for a particular fiscal year, the number
of membership pupils in a district or public school academy who are determined
under subdivision (a) to be economically disadvantaged or to be eligible based
on the identified student percentage varies by more than 20 percentage points
from the number of those pupils in the district or public school academy as
calculated under subdivision (a) for the immediately preceding fiscal year
caused by an egregious reporting error by the district or public school
academy, the department may choose to have the calculations under subdivision
(a) instead be made using the number of membership pupils in the district or
public school academy who are determined to be economically disadvantaged, as
reported to the center in the form and manner prescribed by the center not
later than the fifth Wednesday after the supplemental count day of the
immediately preceding fiscal year.
(5)
Except as otherwise provided in this section, a district or public school
academy receiving funding under this section shall use that money only to
provide instructional programs and direct noninstructional services, including,
but not limited to, medical, mental health, or counseling services, for at-risk
pupils; for school health clinics; and for the purposes of subsection (6), (7),
or (8). In addition, a district that is a school district of the first class or
a district or public school academy in which at least 50% of the pupils in
membership were determined to be economically disadvantaged in the immediately
preceding state fiscal year, as determined and reported as described in
subsection (4), may use not more than 20% of the funds it receives under this
section for school security that aligns to the needs assessment and the
multi-tiered system of supports model. A district or public school academy
shall not use any of that money for administrative costs. The instruction or
direct noninstructional services provided under this section may be conducted
before or after regular school hours or by adding extra school days to the
school year.
(6) A
district or public school academy that receives funds under this section and
that operates a school breakfast program under section 1272a of the revised
school code, MCL 380.1272a, shall use from the funds received under this
section an amount, not to exceed $10.00 per pupil for whom the district or
public school academy receives funds under this section, necessary to pay for
costs associated with the operation of the school breakfast program.
(7)
From the funds allocated under subsection (1), there is allocated for 2019-2020
2020-2021 an amount not to
exceed $8,000,000.00 to
support primary health care services provided to children and adolescents up to
age 21. These funds must be expended in a form and manner determined jointly by
the department and the department of health and human services. If any funds
allocated under this subsection are not used for the purposes of this
subsection for the fiscal year in which they are allocated, those unused funds
must be used that fiscal year to avoid or minimize any proration that would
otherwise be required under subsection (14) for that fiscal year.
(8)
From the funds allocated under subsection (1), there is allocated for 2019-2020
2020-2021 an amount not to
exceed $5,150,000.00 for
the state portion of the hearing and vision screenings as described in section
9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public
health department shall pay at least 50% of the total cost of the screenings.
The frequency of the screenings must be as required under R 325.13091 to R
325.13096 and R 325.3271 to R 325.3276 of the Michigan Administrative Code.
Funds must be awarded in a form and manner approved jointly by the department
and the department of health and human services. Notwithstanding section 17b,
the department shall make payments to eligible entities under this subsection
on a schedule determined by the department.
(9)
Each district or public school academy receiving funds under this section shall
submit to the department by July 15 of each fiscal year a report, in the form
and manner prescribed by the department, that includes a brief description of
each program conducted or services performed by the district or public school
academy using funds under this section, the amount of funds under this section
allocated to each of those programs or services, the total number of at risk
pupils served by each of those programs or services, and the data necessary for
the department and the department of health and human services to verify
matching funds for the temporary assistance for needy families program. In
prescribing the form and manner of the report, the department shall ensure that
districts are allowed to expend funds received under this section on any
activities that are permissible under this section. If a district or public school
academy does not comply with this subsection, the department shall withhold an
amount equal to the August payment due under this section until the district or
public school academy complies with this subsection. If the district or public
school academy does not comply with this subsection by the end of the fiscal
year, the withheld funds are forfeited to the school aid fund.
(10)
In order to receive funds under this section, a district or public school
academy shall must allow
access for the department or the department’s designee to audit all records
related to the program for which it receives those funds. The district or
public school academy shall reimburse the state for all disallowances found in
the audit.
(11)
Subject to subsections (6), (7), and (8), for schools in which more than 40% of
pupils are identified as at-risk, a district or public school academy may use
the funds it receives under this section to implement tier 1, evidence-based
practices in schoolwide reforms that are guided by the district’s comprehensive
needs assessment and are included in the district improvement plan. Schoolwide
reforms must include parent and community supports, activities, and services,
that may include the pathways to potential program created by the department of
health and human services or the communities in schools program. As used in
this subsection, “tier 1, evidence-based practices” means research based
instruction and classroom interventions that are available to all learners and
effectively meet the needs of most pupils.
(12) A
district or public school academy that receives funds under this section may
use up to 7.5% of those funds to provide research based professional
development and to implement a coaching model that supports the multi-tiered
system of supports framework. Professional development may be provided to
district and school leadership and teachers and must be aligned to professional
learning standards; integrated into district, school building, and classroom
practices; and solely related to the following:
(a)
Implementing the multi-tiered system of supports required in subsection (3)
with fidelity and utilizing the data from that system to inform curriculum and
instruction.
(b)
Implementing section 1280f of the revised school code, MCL 380.1280f, as
required under subsection (3), with fidelity.
(13) A
district or public school academy that receives funds under this section may
use funds received under this section to support instructional or behavioral
coaches. Funds used for this purpose are not subject to the cap under
subsection (12).
(14)
If necessary, and before any proration required under section 296, the department
shall prorate payments under this section, except payments under subsection
(7), (8), or (16), by reducing the amount of the allocation as otherwise
calculated under this section by an equal percentage per district.
(15)
If a district is dissolved pursuant to section 12 of the revised school code,
MCL 380.12, the intermediate district to which the dissolved school district
was constituent shall determine the estimated number of pupils that are
economically disadvantaged and that are enrolled in each of the other districts
within the intermediate district and provide that estimate to the department
for the purposes of distributing funds under this section within 60 days after
the school district is declared dissolved.
(16)
From the funds allocated under subsection (1), there is allocated for 2019-2020
2020-2021 an amount not to
exceed $12,000,000.00 for payments to
districts and public school academies that otherwise received an allocation
under this subsection for 2018-2019 2019-2020
and whose allocation under this section for 2018-2019, 2019-2020, excluding any payments under
subsection (7) or (8), would have been more than the district’s or public
school academy’s allocation under this section for 2019-2020 2020-2021 as calculated under
subsection (4) only and as adjusted under subsection (14). The allocation for
each district or public school academy under this subsection is an amount equal
to its allocation under this section for 2018-2019 2019-2020 minus its allocation as otherwise calculated under
subsection (4) for 2019-2020, 2020-2021,
as adjusted by subsection (14), using in those calculations the 2017-2018 number
of pupils determined to be economically disadvantaged. However, if the
allocation as otherwise calculated under this subsection would have been less
than $0.00, the allocation under this subsection is $0.00. If necessary, and
before any proration required under section 296, the department shall prorate payments
under this subsection by reducing the amount of the allocation as otherwise
calculated under this subsection by an equal percentage per district or public
school academy. Any unexpended funds
under this subsection are to be distributed through payments made under
subsection (4) as provided under subsection (4), but those funds must not be
factored into calculating payments under this subsection.
(17) A
district or public school academy that receives funds under this section may
use funds received under this section to provide an anti-bullying or crisis
intervention program.
(18)
The department shall collaborate with the department of health and human
services to prioritize assigning Pathways to Potential Success coaches to
elementary schools that have a high percentage of pupils in grades K to 3 who are
not proficient in English language arts, based upon state assessments for
pupils in those grades.
(19)
As used in this section:
(a) “At-risk
pupil” means a pupil in grades K to 12 for whom the district has documentation
that the pupil meets any of the following criteria:
(i) The pupil is economically
disadvantaged.
(ii) The pupil is an English language
learner.
(iii) The pupil is chronically absent as
defined by and reported to the center.
(iv) The pupil is a victim of child abuse
or neglect.
(v) The pupil is a pregnant teenager or
teenage parent.
(vi) The pupil has a family history of
school failure, incarceration, or substance abuse.
(vii) The pupil is an immigrant who has
immigrated within the immediately preceding 3 years.
(viii) The pupil did not complete high
school in 4 years and is still continuing in school as identified in the
Michigan cohort graduation and dropout report.
(ix) For pupils for whom the results of
the state summative assessment have been received, is a pupil who did not achieve
proficiency on the English language arts, mathematics, science, or social
studies content area assessment.
(x) Is a pupil who is at risk of not
meeting the district’s or public school academy’s core academic curricular
objectives in English language arts or mathematics, as demonstrated on local
assessments.
(b) “Economically
disadvantaged” means a pupil who has been determined eligible for free or
reduced-price meals as determined under the Richard B. Russell national school
lunch act, 42 USC 1751 to 1769j; who is in a household receiving supplemental
nutrition assistance program or temporary assistance for needy families
assistance; or who is homeless, migrant, or in foster care, as reported to the
center.
(c) “English
language learner” means limited English proficient pupils who speak a language
other than English as their primary language and have difficulty speaking,
reading, writing, or understanding English as reported to the center.
(d) “Statewide
weighted average foundation allowance” means the number that is calculated by
adding together the result of each district’s or public school academy’s
foundation allowance, not to exceed the target foundation allowance for the
current fiscal year, or per-pupil payment calculated under section 20
multiplied by the number of pupils in membership in that district or public
school academy, and then dividing that total by the statewide number of pupils
in membership.
Sec. 31d. (1) From the
appropriations in section 11, there is allocated an amount not to exceed $23,144,000.00 for 2019-2020 2020-2021 for the purpose of making
payments to districts and other eligible entities under this section.
(2)
The amounts allocated from state sources under this section are used to pay the
amount necessary to reimburse districts for 6.0127% of the necessary costs of
the state mandated portion of the school lunch programs provided by
those districts. The department shall calculate the amount due to each district
under this section using the methods of calculation adopted by the Michigan
supreme court in the consolidated cases known as Durant v State of Michigan, 456 Mich 175 (1997).
(3)
The payments made under this section include all state payments made to
districts so that each district receives at least 6.0127% of the necessary
costs of operating the state mandated portion of the school lunch
program in a fiscal year.
(4)
The payments made under this section to districts and other eligible entities
that are not required under section 1272a of the revised school code, MCL
380.1272a, to provide a school lunch program must, except for in 2020-2021, be in an amount not to exceed $10.00 per
eligible pupil plus 5 cents for each free lunch and 2 cents for each reduced
price lunch provided, as determined by the department. For 2020-2021 only, the amount described in this subsection is not to
exceed $10.00 per eligible pupil plus 5 cents for each lunch provided, as determined
by the department.
(5)
From the federal funds appropriated in section 11, there is allocated for 2019-2020
2020-2021 all available federal
funding, estimated at $533,000,000.00 $545,000,000.00 for the national school lunch program child nutrition programs and all
available federal funding, estimated at $4,200,000.00 $5,000,000.00 for the emergency food
assistance program.food distribution
programs.
(6)
Notwithstanding section 17b, the department shall make payments to eligible
entities other than districts under this section on a schedule determined by
the department.
(7) In
purchasing food for a school lunch program funded under this section, a
district or other eligible entity shall give preference to food that is grown
or produced by Michigan businesses if it is competitively priced and of
comparable quality.
Sec. 31f. (1) From the
appropriations in section 11, there is allocated an amount not to exceed $4,500,000.00 for 2019-2020 2020-2021 for the purpose of making
payments to districts to reimburse for the cost of providing breakfast.
(2)
The funds allocated under this section for school breakfast programs are made
available to all eligible applicant districts that meet all of the following
criteria:
(a)
The district participates in the federal school breakfast program and meets all
standards as prescribed by 7 CFR parts 210,
220, 225, 226, and 245.
(b) Each breakfast
eligible for payment meets the federal standards described in subdivision (a).
(3) The payment for a
district under this section is at a per meal rate equal to the lesser of the
district’s actual cost or 100% of the statewide average cost of a breakfast meal served, as determined and approved
by the department, less federal reimbursement, participant payments, and other
state reimbursement. The department shall determine the statewide average cost
using costs as reported in a manner approved by the department for the
preceding school year.
(4) Notwithstanding
section 17b, the department may make payments under this section pursuant to an
agreement with the department.
(5) In purchasing food
for a school breakfast program funded under this section, a district shall give
preference to food that is grown or produced by Michigan businesses if it is
competitively priced and of comparable quality.
Sec.
31j. (1) From the general fund money appropriated in section 11, there is
allocated an amount not to exceed $575,000.00 $200,000.00 and from the state school aid fund money appropriated in
section 11, there is allocated an amount not to exceed $1,800,000.00 for 2019-2020
2020-2021 for a project program to support districts and sponsors of child care centers in
the purchase of locally grown fruits and vegetables as described in this section.
(2) The department
shall provide funding in an amount equal to $125,000.00 per region to districts
in prosperity regions 2, 4, 6, and 9 for the project described under this
section. In addition, the department shall provide funding in an amount equal to
$75,000.00 to districts in prosperity region 8 for the project described under
this section. From the funding to districts in subsection (1), funding Funding retained by prosperity
regions districts and the sponsors
of child care centers that administer the project program must not exceed 10%, and
funding retained by the department for administration must not exceed 6%. A prosperity
region district or the sponsor of a
child care center may enter into a memorandum of understanding with the
department or another prosperity region, district or sponsor of a child care center, or both, to administer
the project. program. If the
department administers the project program
for a prosperity region, district
or the sponsor of a child care center, the department may retain up to 10%
of that prosperity region’s district’s
or sponsor’s funding for administration
or may distribute some or all of that 10% to project partners as appropriate.
(3) The department shall
develop and implement a competitive grant program for districts within the
identified prosperity regions and
sponsors of child care centers to assist in paying for the costs incurred
by the district or the sponsor of the
child care center to purchase or increase purchases of whole or minimally
processed fruits, vegetables, and legumes grown in this state. The maximum
amount that may be drawn down on a grant to a district must be or the sponsor of a child care center is based
on the number of meals served by the school district during the previous
school year under the Richard B. Russell national school lunch act, 42 USC 1751
to 1769j, or meals served by the sponsor
of the child care center in the previous school year. The department shall
collaborate with the Michigan department of agriculture and rural development
to provide training to newly participating schools and sponsors of child care centers and electronic information on
Michigan agriculture.
(4) The goals of the project
program under this section include
improving daily nutrition and eating habits for children through the school and child care settings while investing
in Michigan’s agricultural and related food business economy.
(5) A district or the sponsor of a child care center that
receives a grant under this section shall use those funds for the costs
incurred by the school district or
the sponsor to purchase whole or minimally processed fruits, vegetables,
and legumes that meet all of the following:
(a) Were purchased for
the 2019-2020 2020-2021 fiscal
year, including purchases to launch meals in August 2019 2020 and September 2019.2020.
(b) Are grown in this
state and, if minimally processed, are also processed in this state.
(c) Are used for meals
that are served as part of the United States Department of Agriculture’s child
nutrition programs.
(6) For Michigan-grown
fruits, vegetables, and legumes that satisfy the requirements of subsection
(5), the department shall make matching
reimbursements must be made in an amount not to exceed 10 cents for
every school meal that is served as part of the United States Department of
Agriculture’s child nutrition programs and that uses Michigan-grown fruits,
vegetables, and legumes.
(7) A district or the sponsor of a child care center that
receives a grant for reimbursement under this section shall use the grant to
purchase whole or minimally processed fruits, vegetables, and legumes that are
grown in this state and, if minimally processed, are also processed in this
state.
(8) In awarding grants
under this section, the department shall work in conjunction with prosperity
region offices, districts and
sponsors of child care centers, in consultation with Michigan-based farm to
school resource organizations, to develop scoring criteria that assess an
applicant’s ability to procure Michigan-grown products, prepare and menu
Michigan-grown products, promote and market Michigan-grown products, and submit
letters of intent from districts or the
sponsors of child care centers on plans for educational activities that
promote the goals of the program.
(9) The department shall
give preference to districts or sponsors
of child care centers that propose educational activities that meet 1 or
more of the following: promote healthy food activities; have clear educational
objectives; involve parents or the community; connect to a school’s or child care center’s farm-to-school or farm-to-early-child-care procurement
activities; and market and promote the program, leading to increased pupil
knowledge and consumption of Michigan-grown products. Applications The department shall give stronger
weighting and consideration to applications with robust marketing and
promotional activities. shall
receive stronger weighting and consideration.
(10) In awarding grants,
the department shall also consider all of the following:
(a) The percentage of
children who qualify for free or reduced price school meals under the Richard
B. Russell national school lunch act, 42 USC 1751 to 1769j.
(b) The variety of
school or child care center sizes
and geographic locations within the identified prosperity regions.
(c) The existing or
future collaboration opportunities between more than 1 district in a
prosperity region.or child care
center.
(11) As a condition of
receiving a grant under this section, a district or the sponsor of a child care
center shall provide or direct its vendors to provide to the department copies
of monthly receipts that show the quantity of different Michigan-grown fruits,
vegetables, and legumes purchased, the amount of money spent on each of these
products, the name and Michigan location of the farm that grew the products,
and the methods or plans to market and promote the program. The district or the
sponsor of a child care center also shall provide to the department monthly
lunch numbers and lunch participation rates and calendars or monthly menus
noting when and how Michigan-grown products were used in meals. The district or
the sponsor of the child care center and school or child care center food
service director or directors also shall agree to respond to brief online
surveys and to provide a report that shows the percentage relationship of
Michigan spending compared to total food spending. Not later than 60 days after
the end of the school year in which funds under this section were received,
each district or each sponsor of a child care center shall submit a report to
the department on outcomes and related measurements for economic development
and children’s nutrition and readiness to learn. The report must include at
least both of the following:
(a) The extent to which farmers
and related businesses, including distributors and processors, saw an increase
in market opportunities and income generation through sales of Michigan or
local products to districts and sponsors of child care centers. All of the
following apply for purposes of this subdivision:
(i) The data used to
determine the amount of this increase are the total dollar amount of Michigan
or local fruits, vegetables, and legumes purchased by schools and sponsors of
child care centers, along with the number of different types of products
purchased; school and child care center food purchasing trends identified along
with products that are of new and growing interest among food service
directors; the number of businesses impacted; and the percentage of total food
budget spent on Michigan-grown fruits, vegetables, and legumes.
(ii) The district or the
sponsor of a child care center shall use purchasing data collected for the
program and surveys of school and child care food service directors on the
impact and success of the program as the source for the data described in
subparagraph (i).
(b) The ability to which pupils
can access a variety of healthy Michigan-grown foods through schools and child
care centers and increase their consumption of those foods. All of the
following apply for purposes of this subdivision:
(i) The data used to
determine whether this subdivision is met are the number of pupils exposed to
Michigan-grown fruits, vegetables, and legumes at schools and child care
centers; the variety of products served; new items taste-tested or placed on
menus; and the increase in pupil willingness to try new local healthy foods.
(ii) The district or the
sponsor of a child care center shall use purchasing data collected for the
project, meal count and enrollment numbers, school menu calendars, and surveys
of school and child care food service directors as the source for the data
described in subparagraph (i).
(12) The department shall
compile the reports provided by districts and sponsors of child care centers
under subsection (11) into 1 legislative report. The department shall provide
this report not later than November 1, 2021 to the house and senate subcommittees
responsible for state school aid, the house and senate fiscal agencies, and the
state budget director.
(13) Notwithstanding section 17b, the department
shall make payments under this section on a schedule determined by the
department.
Sec. 31k. (1) From the state school aid fund
money appropriated in section 11, there is allocated for 2020-2021 only an
amount not to exceed $1,000,000.00 for payments to eligible districts as
described in this section.
(2) Subject to subsection (6),
districts requesting funding under this section must apply in a form and manner
prescribed by the department by not later than December 1, 2020. However,
districts requesting funding under this section through a second application
described in subsection (6) must apply in a form and manner prescribed by the
department by not later than May 1, 2021.
(3) A district that
demonstrates to the department that all outstanding student-meal debt has been
forgiven is an eligible district under this section.
(4) Subject to subsection (9),
the department shall provide payments to eligible districts in an amount
necessary to reimburse the eligible districts for the cost of forgiving all
outstanding student-meal debt.
(5) Notwithstanding section
17b, the department shall make reimbursement payments under subsection (4) to
all eligible districts by not later than 60 days after December 1, 2020.
(6) Subject to subsection (9),
if the amount paid to eligible districts under subsection (4) is less than the
amount allocated under subsection (1), the department may distribute the
remaining funds to eligible districts through a second application in an amount
necessary to reimburse eligible districts for the cost of forgiving all
outstanding student-meal debt. An eligible district receiving a reimbursement
payment under subsection (4) is not eligible for a reimbursement payment
through a second application under this subsection.
(7) Except as otherwise
provided under subsection (6) and notwithstanding section 17b, the department
shall make reimbursement payments under subsection (6) as provided under
subsection (6) to all eligible districts by not later than 60 days after
May 1, 2021.
(8) An eligible district
receiving payments under this section shall adopt policies to prevent public
identification or stigmatization of pupils who cannot pay for a school meal.
These policies must prohibit all of the following:
(a) Requiring pupils who cannot
pay for a school meal or who owe a student-meal debt to wear a wristband or
handstamp.
(b) Requiring pupils who cannot
pay for a school meal or who owe a student-meal debt to perform chores or other
work to pay for school meals.
(c) Requiring a pupil to
dispose of a meal after it has been served because the pupil is unable to pay
for the meal or owes a student-meal debt.
(d) Communicating directly with
a pupil about a student-meal debt unless the district has attempted to contact,
but has been unsuccessful in communicating with, a pupil’s parent or legal
guardian through telephone, mail, and electronic mail.
(e) Discussing a pupil’s
student-meal debt in the presence of other pupils.
(9) If the amount allocated
under this section is insufficient to fully reimburse the cost of student-meal
debt forgiveness for all eligible districts, the department shall prorate the
reimbursement on an equal percentage per district.
Sec.
31n. (1) From the state school aid fund money
appropriated in section 11, there is allocated for 2019‑2020 for the
purposes of this section an amount not to exceed $30,000,000.00 and from the general
fund money appropriated in section 11, there is allocated for 2019-2020 for the
purposes of this section an amount not to exceed $1,300,000.00. From the
state school aid fund money appropriated in section 11, there is allocated for
2020-2021 for the purposes of this section an amount not to exceed
$35,600,000.00 and from the general fund money appropriated in section 11,
there is allocated for 2020-2021 for the purposes of this section an amount not
to exceed $1,300,000.00. The
department and the department of health and human services shall continue a
program to distribute this funding to add licensed behavioral health providers
for general education pupils, and shall continue to seek federal Medicaid match
funding for all eligible mental health and support services.
(2) The department and
the department of health and human services shall maintain an advisory council
for programs funded under this section. The advisory council shall define goals
for implementation of programs funded under this section, and shall provide
feedback on that implementation. At a minimum, the advisory council shall
consist of representatives of state associations representing school health,
school mental health, school counseling, education, health care, and other
organizations, representatives from the department and the department of health
and human services, and a representative from the school safety task force
created under Executive Order No. 2018-5. The department and department of
health and human services, working with the advisory council, shall determine
an approach to increase capacity for mental health and support services in
schools for general education pupils, and shall determine where that increase
in capacity qualifies for federal Medicaid match funding.
(3) The advisory council
shall develop a fiduciary agent checklist for intermediate districts to
facilitate development of a plan to submit to the department and to the
department of health and human services. The department and department of
health and human services shall determine the requirements and format for
intermediate districts to submit a plan for possible funding under subsection
(5). The department shall make applications for funding for this program
available to districts and intermediate districts not later than December 1,
2019, for the 2019-2020 fiscal year and
December 1, 2020 for the 2020-2021 fiscal year and shall award the funding
not later than February 1, 2020 for the
2019-2020 fiscal year and February 1, 2021 for the 2020-2021 fiscal year.
(4) The department of
health and human services shall seek to amend the state Medicaid plan or obtain
appropriate Medicaid waivers as necessary for the purpose of generating
additional Medicaid match funding for school mental health and support services
for general education pupils. The intent is that a successful state plan
amendment or other Medicaid match mechanisms will result in additional federal
Medicaid match funding for both the new funding allocated under this section
and for any expenses already incurred by districts and intermediate districts
for mental health and support services for general education pupils.
(5) From the funds state school aid fund money allocated
under subsection (1), there is allocated for 2019-2020 an amount not to exceed $6,500,000.00 and there is allocated for 2020-2021 an amount not to
exceed $9,300,000.00 to be
distributed to the network of child and adolescent health centers to place a
licensed master’s level behavioral health provider in schools that do not
currently have services available to general education students. Existing
child Child and adolescent
health centers receiving funding under this subsection that are part of the network described in
this subsection shall provide a commitment to maintain services and implement
all available federal Medicaid match methodologies. The department of health
and human services shall use all existing or additional federal Medicaid match
opportunities to maximize funding allocated under this subsection. The
department shall provide funds under this subsection to existing child
and adolescent health centers that are
part of the network described in this subsection in the same proportion
that funding under section 31a(7) is provided to child and adolescent health
centers that are part of the network
described in this subsection and that are located and operating in those
districts. A payment from funding
allocated under this subsection must not be paid to an entity that is not part
of the network described in this subsection.
(6) From the funds state school aid fund money allocated
under subsection (1), there is allocated for 2019-2020 an amount not to exceed $23,000,000.00 and there is allocated for 2020-2021 an amount not to
exceed $25,800,000.00 to be
distributed to intermediate districts for the provision of mental health and
support services to general education students. From the funds allocated under
this subsection, the department shall distribute $410,700.00 for
2019-2020 and $460,700.00 for 2020-2021 to each intermediate district that submits a plan approved by the
department and the department of health and human services. The department and
department of health and human services shall work cooperatively in providing
oversight and assistance to intermediate districts during the plan submission
process and shall monitor the program upon implementation. An intermediate
district shall use funds awarded under this subsection to provide funding to
its constituent districts, including public school academies that are
considered to be constituent districts under section 705(7) of the revised
school code, MCL 380.705, for the provision of mental health and support
services to general education students. In addition to the criteria identified
under subsection (7), an intermediate district shall consider geography, cost,
or other challenges when awarding funding to its constituent districts. If
funding awarded to an intermediate district remains after funds are provided by
the intermediate district to its constituent districts, the intermediate
district may hire or contract for experts to provide mental health and support
services to general education students residing within the boundaries of the
intermediate district, including, but
not limited to, expanding, hiring, or contracting for staff and experts to
provide those services directly or to increase access to those services through
coordination with outside mental health agencies.
(7) A district
requesting funds under this section from the intermediate district in which it
is located shall submit an application for funding for the provision of mental
health and support services to general education pupils. A district receiving
funding from the application process described in this subsection shall provide
services to nonpublic students upon request. An intermediate district shall not
discriminate against an application submitted by a public school academy simply
on the basis of the applicant being a public school academy. The department
shall approve grant applications based on the following criteria:
(a) The district’s commitment
to maintain mental health and support services delivered by licensed providers
into future fiscal years.
(b) The district’s
commitment to work with its intermediate district to use funding it receives
under this section that is spent by the district for general education pupils
toward participation in federal Medicaid match methodologies. A district must
provide a local match of at least 20% of the funding allocated to the district
under section 31n.
(c)
The district’s commitment to adhere to any local funding requirements
determined by the department and the department of health and human services.
(d)
The extent of the district’s existing partnerships with community health care
providers or the ability of the district to establish such partnerships.
(e)
The district’s documentation of need, including gaps in current mental health
and support services for the general education population.
(f)
The district’s submission of a formal plan of action identifying the number of
schools and students to be served.
(g)
Whether the district will participate in ongoing trainings.
(h)
Whether the district will submit an annual report to the state.
(i)
Whether the district demonstrates a willingness to work with the state to
establish program and service delivery benchmarks.
(j)
Whether the district has developed a school safety plan or is in the process of
developing a school safety plan.
(k)
Any other requirements determined by the department or the department of health
and human services.
(8)
Funding under this section, including any federal Medicaid funds that are
generated, must not be used to supplant existing services.
(9)
Both of the following are allocated for 2019-2020 to the department of
health and human services from the general fund money allocated under
subsection (1):
(a) An
For 2019-2020, an amount not to
exceed $1,000,000.00 and for 2020-2021, an amount not to
exceed $1,000,000.00 for the purpose
of upgrading technology and systems infrastructure and other administrative
requirements to support the programs funded under this section.
(b) An
For 2019-2020, an amount not to
exceed $300,000.00 and for 2020-2021, an amount not to exceed $300,000.00
for the purpose of administering the
programs under this section and working on generating additional Medicaid funds
as a result of programs funded under this section.
(10)
From the funds state school aid
fund money allocated under subsection (1), there is allocated for 2019-2020
an amount not to exceed $500,000.00 and there is allocated for 2020-2021 an amount not to
exceed $500,000.00 to intermediate
districts on an equal per intermediate district basis for the purpose of
administering programs funded under this section.
(11)
The department and the department of health and human services shall work with
the advisory council to develop proposed measurements of outcomes and
performance. Those measurements shall must include, at a minimum, the number of pupils served, the number
of schools served, and where those pupils and schools were located. The
department and the department of health and human services shall compile data
necessary to measure outcomes and performance, and districts and intermediate
districts receiving funding under this section shall provide data requested by
the department and department of health and human services for the measurement
of outcomes and performance. The department and department of health and human
services shall provide a an
annual report not later than December 1, 2019 and by December 1 annually
thereafter of each year to the
house and senate appropriations subcommittees on state school aid and health and human services, and to the house
and senate fiscal agencies, and to the
state budget director. At a minimum, the report must include measurements
of outcomes and performance, proposals to increase efficacy and usefulness,
proposals to increase performance, and proposals to expand coverage.
Sec.
32d. (1) From the funds appropriated in section 11, there is allocated to eligible
intermediate districts and consortia of intermediate districts for great start
readiness programs an amount not to exceed $249,600,000.00 for 2019-2020. 2020-2021. An intermediate district or consortium shall use funds
allocated under this section for great start readiness programs to provide
part-day, school-day, or GSRP/Head Start blended comprehensive free
compensatory classroom programs designed to improve the readiness and
subsequent achievement of educationally disadvantaged children who meet the
participant eligibility and prioritization guidelines as defined by the
department. For a child to be eligible to participate in a program under this
section, the child must be at least 4, but less than 5, years of age as of
September 1 of the school year in which the program is offered and must meet
those eligibility and prioritization guidelines. A child who is not 4 years of
age as of September 1, but who will be 4 years of age not later than December
1, is eligible to participate if the child’s parent or legal guardian seeks a
waiver from the September 1 eligibility date by submitting a request for
enrollment in a program to the responsible intermediate district, if the
program has capacity on or after September 1 of the school year, and if the
child meets eligibility and prioritization guidelines.
(2) From the funds
allocated under subsection (1), an amount not to exceed $247,600,000.00 is allocated to intermediate districts or consortia of
intermediate districts based on the formula in section 39. An intermediate
district or consortium of intermediate districts receiving funding under this
section shall act as the fiduciary for the great start readiness programs. In
order to be eligible to receive funds allocated under this subsection from an
intermediate district or consortium of intermediate districts, a district, a
consortium of districts, or a public or private for-profit or nonprofit legal
entity or agency shall must comply
with this section and section 39.
(3) In addition to the
allocation under subsection (1), from the general fund money appropriated under
section 11, there is allocated an amount not to exceed $350,000.00 for 2019-2020 2020-2021 for a competitive grant to continue a longitudinal
evaluation of children who have participated in great start readiness programs.
This evaluation must include, to the
extent, for 2020-2021, that data from the kindergarten readiness assessment are
available, a comparative analysis of the relationship between great start
readiness programs and performance on the kindergarten readiness assessment
funded under section 104. The evaluation must use children wait-listed
under this section for comparison, must include a determination of the specific
great start readiness program in which the kindergarten students were enrolled
and attended in the previous school year, and must, to the extent, for 2020-2021, that data from the Michigan
kindergarten entry observation tool are available, analyze Michigan
kindergarten entry observation tool scores for students taking the Michigan
kindergarten entry observation tool each year and produce a report as required
under section 104. For 2019-2020, the performance data on the kindergarten
readiness assessment must be submitted to the center at the same time as the
spring Michigan student data system collection. Beginning in 2020-2021, the The performance data on the
kindergarten readiness assessment must be submitted to the center at the same
time as the fall Michigan student data system collection. The responsibility
for the analysis required under this subsection may be added to the
requirements that the department currently has with its competitively
designated current grantee.
(4) To be eligible for
funding under this section, a program must prepare children for success in
school through comprehensive part-day, school-day, or GSRP/Head Start blended
programs that contain all of the following program components, as determined by
the department:
(a) Participation in a
collaborative recruitment and enrollment process to assure that each child is
enrolled in the program most appropriate to his or her needs and to maximize
the use of federal, state, and local funds.
(b) An age-appropriate
educational curriculum that is in compliance with the early childhood standards
of quality for prekindergarten children adopted by the state board, including,
at least, the Connect4Learning curriculum.
(c) Nutritional services
for all program participants supported by federal, state, and local resources
as applicable.
(d) Physical and dental
health and developmental screening services for all program participants.
(e) Referral services
for families of program participants to community social service agencies,
including mental health services, as appropriate.
(f) Active and
continuous involvement of the parents or guardians of the program participants.
(g) A plan to conduct
and report annual great start readiness program evaluations and continuous
improvement plans using criteria approved by the department.
(h) Participation in a
school readiness advisory committee convened as a workgroup of the great start
collaborative that provides for the involvement of classroom teachers, parents
or guardians of program participants, and community, volunteer, and social
service agencies and organizations, as appropriate. The advisory committee
annually shall review and make recommendations regarding the program components
listed in this subsection. The advisory committee also shall make
recommendations to the great start collaborative regarding other community services
designed to improve all children’s school readiness.
(i) The ongoing
articulation of the kindergarten and first grade programs offered by the
program provider.
(j) Participation in
this state’s great start to quality process with a rating of at least 3 stars.
(5) An application for
funding under this section must provide for the following, in a form and manner
determined by the department:
(a) Ensure compliance
with all program components described in subsection (4).
(b) Except as otherwise
provided in this subdivision or section,
ensure that at least 90% of the children participating in an eligible great
start readiness program for whom the intermediate district is receiving funds
under this section are children who live with families with a household income
that is equal to or less than 250% of the federal poverty guidelines. If the
intermediate district determines that all eligible children are being served
and that there are no children on the waiting list who live with families with
a household income that is equal to or less than 250% of the federal poverty
guidelines, the intermediate district may then enroll children who live with
families with a household income that is equal to or less than 300% of the
federal poverty guidelines. The enrollment process must consider income and
risk factors, such that children determined with higher need are enrolled
before children with lesser need. For purposes of this subdivision and subsection (27), all age-eligible
children served in foster care or who are experiencing homelessness or who have
individualized education programs recommending placement in an inclusive
preschool setting are considered to live with families with household income
equal to or less than 250% of the federal poverty guidelines regardless of
actual family income and are prioritized for enrollment within the lowest
quintile.
(c) Ensure that the
applicant only uses qualified personnel for this program, as follows:
(i) Teachers possessing proper training. A lead teacher must have a
valid teaching certificate with an early childhood (ZA or ZS) endorsement or a
bachelor’s or higher degree in child development or early childhood education
with specialization in preschool teaching. However, if an applicant
demonstrates to the department that it is unable to fully comply with this
subparagraph after making reasonable efforts to comply, teachers who have
significant but incomplete training in early childhood education or child
development may be used if the applicant provides to the department, and the
department approves, a plan for each teacher to come into compliance with the
standards in this subparagraph. A teacher’s compliance plan must be completed
within 2 years of the date of employment. Progress toward completion of the
compliance plan consists of at least 2 courses per calendar year.
(ii) Paraprofessionals possessing proper training in early childhood
education, including an associate’s degree in early childhood education or
child development or the equivalent, or a child development associate (CDA)
credential. However, if an applicant demonstrates to the department that it is
unable to fully comply with this subparagraph after making reasonable efforts
to comply, the applicant may use paraprofessionals who have completed at least
1 course that earns college credit in early childhood education or child
development if the applicant provides to the department, and the department
approves, a plan for each paraprofessional to come into compliance with the
standards in this subparagraph. A paraprofessional’s compliance plan must be
completed within 2 years of the date of employment. Progress toward completion
of the compliance plan consists of at least 2 courses or 60 clock hours of
training per calendar year.
(d) Include a program
budget that contains only those costs that are not reimbursed or reimbursable
by federal funding, that are clearly and directly attributable to the great
start readiness program, and that would not be incurred if the program were not
being offered. Eligible costs include transportation costs. The program budget
must indicate the extent to which these funds will supplement other federal,
state, local, or private funds. An applicant shall not use funds received under
this section to supplant any federal funds received by the applicant to serve
children eligible for a federally funded preschool program that has the
capacity to serve those children.
(6) For a grant
recipient that enrolls pupils in a school-day program funded under this
section, each child enrolled in the school-day program is counted as described
in section 39 for purposes of determining the amount of the grant award.
(7) For a grant
recipient that enrolls pupils in a GSRP/Head Start blended program, the grant
recipient shall ensure that all Head Start and GSRP policies and regulations
are applied to the blended slots, with adherence to the highest standard from
either program, to the extent allowable under federal law.
(8) An intermediate
district or consortium of intermediate districts receiving a grant under this
section shall designate an early childhood coordinator, and may provide
services directly or may contract with 1 or more districts or public or private
for-profit or nonprofit providers that,
except as otherwise provided in this section, meet all requirements of
subsections (4) and (5).
(9) An intermediate
district or consortium of intermediate districts may retain for administrative
services provided by the intermediate district or consortium of intermediate
districts an amount not to exceed 4% of the grant amount. Expenses incurred by
subrecipients engaged by the intermediate district or consortium of
intermediate districts for directly running portions of the program are
considered program costs or a contracted program fee for service. Subrecipients
operating with a federally approved indirect rate for other early childhood
programs may include indirect costs, not to exceed the federal 10% de minimis.
(10) An intermediate
district or consortium of intermediate districts may expend not more than 2% of
the total grant amount for outreach, recruiting, and public awareness of the
program.
(11) Each Except as otherwise provided in this
section, each grant recipient shall enroll children identified under
subsection (5)(b) according to how far the child’s household income is below
250% of the federal poverty guidelines by ranking each applicant child’s
household income from lowest to highest and dividing the applicant children
into quintiles based on how far the child’s household income is below 250% of
the federal poverty guidelines, and then enrolling children in the quintile
with the lowest household income before enrolling children in the quintile with
the next lowest household income until slots are completely filled. If the
grant recipient determines that all eligible children are being served and that
there are no children on the waiting list who live with families with a
household income that is equal to or less than 250% of the federal poverty
guidelines, the grant recipient may then enroll children who live with families
with a household income that is equal to or less than 300% of the federal
poverty guidelines. The enrollment process must consider income and risk
factors, such that children determined with higher need are enrolled before
children with lesser need. For purposes of this subsection and subsection (27), all age-eligible children served in foster
care or who are experiencing homelessness or who have individualized education
programs recommending placement in an inclusive preschool setting are
considered to live with families with household income equal to or less than
250% of the federal poverty guidelines regardless of actual family income and
are prioritized for enrollment within the lowest quintile.
(12) An intermediate
district or consortium of intermediate districts receiving a grant under this
section shall allow parents of eligible children who are residents of the
intermediate district or within the consortium to choose a program operated by
or contracted with another intermediate district or consortium of intermediate
districts and shall enter into a written agreement regarding payment, in a
manner prescribed by the department.
(13) An intermediate
district or consortium of intermediate districts receiving a grant under this
section shall conduct a local process to contract with interested and eligible
public and private for-profit and nonprofit community-based providers that meet
all requirements of subsection (4) for at least 30% of its total allocation.
For the purposes of this 30% allocation, an intermediate district or consortium
of intermediate districts may count children served by a Head Start grantee or
delegate in a blended Head Start and great start readiness school-day program.
Children served in a program funded only through Head Start are not counted
toward this 30% allocation. The intermediate district or consortium shall
report to the department, in a manner prescribed by the department, a detailed
list of community-based providers by provider type, including private for-profit,
private nonprofit, community college or university, Head Start grantee or
delegate, and district or intermediate district, and the number and proportion
of its total allocation allocated to each provider as subrecipient. If the
intermediate district or consortium is not able to contract for at least 30% of
its total allocation, the grant recipient shall notify the department and, if
the department verifies that the intermediate district or consortium attempted
to contract for at least 30% of its total allocation and was not able to do so,
then the intermediate district or consortium may retain and use all of its
allocation as provided under this section. To be able to use this exemption,
the intermediate district or consortium shall demonstrate to the department
that the intermediate district or consortium increased the percentage of its
total allocation for which it contracts with a community-based provider and the
intermediate district or consortium shall submit evidence satisfactory to the
department, and the department must be able to verify this evidence,
demonstrating that the intermediate district or consortium took measures to
contract for at least 30% of its total allocation as required under this
subsection, including, but not limited to, at least all of the following
measures:
(a) The intermediate
district or consortium notified each nonparticipating licensed child care
center located in the service area of the intermediate district or consortium
regarding the center’s eligibility to participate, in a manner prescribed by
the department.
(b) The intermediate
district or consortium provided to each nonparticipating licensed child care
center located in the service area of the intermediate district or consortium
information regarding great start readiness program requirements and a
description of the application and selection process for community-based
providers.
(c) The intermediate
district or consortium provided to the public and to participating families a
list of community-based great start readiness program subrecipients with a
great start to quality rating of at least 3 stars.
(14) If an intermediate
district or consortium of intermediate districts receiving a grant under this
section fails to submit satisfactory evidence to demonstrate its effort to
contract for at least 30% of its total allocation, as required under subsection
(13), the department shall reduce the allocation to the intermediate district
or consortium by a percentage equal to the difference between the percentage of
an intermediate district’s or consortium’s total allocation awarded to
community-based providers and 30% of its total allocation.
(15) In order to assist
intermediate districts and consortia in complying with the requirement to
contract with community-based providers for at least 30% of their total
allocation, the department shall do all of the following:
(a) Ensure that a great
start resource center or the department provides each intermediate district or
consortium receiving a grant under this section with the contact information for
each licensed child care center located in the service area of the intermediate
district or consortium by March 1 of each year.
(b) Provide, or ensure
that an organization with which the department contracts provides, a community-based
provider with a validated great start to quality rating within 90 days of the
provider’s having submitted a request and self-assessment.
(c) Ensure that all
intermediate district, district, community college or university, Head Start
grantee or delegate, private for-profit, and private nonprofit providers are
subject to a single great start to quality rating system. The rating system
must ensure that regulators process all prospective providers at the same pace
on a first-come, first-served basis and must not allow 1 type of provider to
receive a great start to quality rating ahead of any other type of provider.
(d) Not later than December
March 1 of each year, compile
the results of the information reported by each intermediate district or
consortium under subsection (13) and report to the legislature a list by
intermediate district or consortium with the number and percentage of each
intermediate district’s or consortium’s total allocation allocated to
community-based providers by provider type, including private for-profit,
private nonprofit, community college or university, Head Start grantee or
delegate, and district or intermediate district.
(16) A recipient of funds under this section shall report to
the center in a form and manner prescribed by the center the information
necessary to derive the number of children participating in the program who
meet the program eligibility criteria under subsection (5)(b), subject to subsection (27), the
number of eligible children not participating in the program and on a waitlist,
and the total number of children participating in the program by various
demographic groups and eligibility factors necessary to analyze equitable and
priority access to services for the purposes of subsection (3).
(17) As used in this
section:
(a) “GSRP/Head Start
blended program”, except as otherwise
provided in this section, means a part-day program funded under this
section and a Head Start program, which are combined for a school-day program.
(b) “Federal poverty
guidelines” means the guidelines published annually in the Federal Register by
the United States Department of Health and Human Services under its authority
to revise the poverty line under 42 USC 9902.
(c) “Part-day program”, except as otherwise provided in this section,
means a program that operates at least 4 days per week, 30 weeks per year, for
at least 3 hours of teacher-child contact time per day but for fewer hours of
teacher-child contact time per day than a school-day program.
(d) “School-day program”, except as otherwise provided in this
section, means a program that operates for at least the same length of day
as a district’s first grade program for a minimum of 4 days per week, 30 weeks
per year. A classroom that offers a school-day program must enroll all children
for the school day to be considered a school-day program.
(18) An intermediate
district or consortium of intermediate districts receiving funds under this
section shall establish and charge tuition according to a sliding scale of
tuition rates based upon household income for children participating in an
eligible great start readiness program who live with families with a household
income that is more than 250%, but, for
2020-2021 only, who live with families with a household income that is more than
400% of the federal poverty guidelines to be used by all of its providers,
as approved by the department.
(19) From the amount
allocated in subsection (2), there is allocated for 2019-2020 2020-2021 an amount not to exceed $10,000,000.00 for reimbursement of transportation costs for children
attending great start readiness programs funded under this section. To receive
reimbursement under this subsection, not later than November 1 , of each year, a program
funded under this section that provides transportation shall submit to the
intermediate district that is the fiscal agent for the program a projected
transportation budget. The amount of the reimbursement for transportation under
this subsection is no more than the projected transportation budget or $300.00
multiplied by the number of children funded for the program under this section.
If the amount allocated under this subsection is insufficient to fully
reimburse the transportation costs for all programs that provide transportation
and submit the required information, the department shall prorate the
reimbursement in an equal amount per child funded. The department shall make
payments to the intermediate district that is the fiscal agent for each
program, and the intermediate district shall then reimburse the program
provider for transportation costs as prescribed under this subsection.
(20) Subject to, and
from the funds allocated under, subsection (19), the department shall reimburse
a program for transportation costs related to parent- or guardian-accompanied
transportation provided by transportation service companies, buses, or other
public transportation services. To be eligible for reimbursement under this
subsection, a program must submit to the intermediate district or consortia of
intermediate districts all of the following:
(a) The names of
families provided with transportation support along with a documented reason
for the need for transportation support and the type of transportation
provided.
(b) Financial
documentation of actual transportation costs incurred by the program,
including, but not limited to, receipts and mileage reports, as determined by
the department.
(c) Any other
documentation or information determined necessary by the department.
(21) The department
shall implement a process to review and approve age-appropriate comprehensive
classroom level quality assessments for GSRP grantees that support the early
childhood standards of quality for prekindergarten children adopted by the
state board. The department shall make available to intermediate districts at
least 2 classroom level quality assessments that were approved in 2018.
(22) An intermediate
district that is a GSRP grantee may approve the use of a supplemental
curriculum that aligns with and enhances the age-appropriate educational
curriculum in the classroom. If the department objects to the use of a
supplemental curriculum approved by an intermediate district, the
superintendent shall establish a review committee independent of the
department. The review committee shall meet within 60 days of the department
registering its objection in writing and provide a final determination on the
validity of the objection within 60 days of the review committee’s first
meeting.
(23) The department
shall implement a process to evaluate and approve age-appropriate educational
curricula that are in compliance with the early childhood standards of quality
for prekindergarten children adopted by the state board.
(24) From the funds
allocated under subsection (1), there is allocated for 2019-2020 2020-2021 an amount not to exceed $2,000,000.00 for payments to intermediate districts or consortia of
intermediate districts for professional development and training materials for
educators in programs implementing new curricula.
(25) A great start readiness
program or a GSRP/Head Start blended program funded under this section is
permitted to utilize AmeriCorps Pre-K Reading Corps members in classrooms
implementing research-based early literacy intervention strategies.
(26) For the 2020-2021 program
year only, the hours, days, and weeks specified within the definitions under
subsection (17)(a), (c), and (d) do not apply to all grantees and subrecipients
under this section. However, for the 2020-2021 fiscal year only, grantees and
subrecipients shall, at a minimum, provide pandemic learning and programming
on-site, at a different location, in-person, online, digitally, by other remote
means, in a synchronous or asynchronous format, or through any combination
therein that results in an amount of hours, days, and weeks necessary to
deliver the educational or course content that would have been delivered in a
year in which pandemic learning was not provided and that complies with
requirements developed by the department. The department shall publish uniform guidance
concerning requirements under this subsection for age-appropriate instruction
that is provided online, digitally, or by other remote means as part of
pandemic learning and programming provided under this subsection. As used in
this subsection, “pandemic learning” means a mode of instruction provided as a
result of the COVID-19 pandemic.
(27) For the 2020-2021 program
year only, household income eligibility thresholds requiring household incomes
that are equal to or less than 250% of the federal poverty guidelines under
subsections (5)(b) and (11) do not apply for all grantees and subrecipients
under this section. However, for the 2020-2021 program year, all grantees and
subrecipients must continue to enroll children in the quintile with the lowest
household income first before enrolling the next quintile and must implement
the ranking process described in subsection (11) by first enrolling children
from households with incomes that are equal to or less than 250% of the federal
poverty guidelines, then enrolling children from households with incomes that
are equal to an amount that is greater than 250% but less than or equal to 300%
of the federal poverty guidelines, then enrolling children from households with
incomes equal to an amount that is greater than 300% but less than or equal to
350% of the federal poverty guidelines, and then continuing enrollment in an
order increasing in percentage from a percentage greater than 350% in relation
to the federal poverty guidelines until all available slots are filled.
(28) For the 2020-2021 program
year only, intermediate districts will be awarded funding based on the total
allocation under subsection (1) and the funding must be allocated to
intermediate districts as prescribed under section 39. To receive funding as
described in this subsection, an intermediate district must complete the
department’s process for accepting funds and implement its existing local
process for funding current subrecipients under this section, including, but
not limited to, adding any necessary new subrecipients and implementation of
the program. Intermediate districts described in this subsection must report
the children served under this section to the center for data-tracking
purposes. The data described in this subsection must not be used to determine
funding for the 2020-2021 program year or hold harmless funding levels for
2021-2022. Hold harmless funding for 2021-2022 must be determined based on the
2019-2020 final allocations under this section. Both of the following apply for
the 2020-2021 program year:
(a) An intermediate district
and its subrecipients under this section must conform to typical expenditures
related to the operation of great start readiness programs to ensure the stability
of the programs, including, but not limited to, ongoing program and staff
costs.
(b) Funding remaining after serving all eligible
children, in accordance with subsections (5)(b) and (11), subject to
subsection (27), or remaining from other program savings due to pandemic
learning must be used for the betterment of the program under this section and
must be approved by the department. Intermediate districts and subrecipients
under this section may only spend in accordance with the provisions of this
subdivision if the intermediate district or subrecipient has demonstrated to
the satisfaction of the department that no eligible children are on waitlists
for the programs operated by the intermediate district or subrecipients under
this section.
Sec. 32p.
(1) From the appropriation in section 11, there is allocated an amount not to
exceed $13,400,000.00 to
intermediate districts for 2019-2020 2020-2021 for the purpose of providing early childhood funding to
intermediate school districts to support the activities goals and outcomes under subsection (2)
and subsection (4), and to provide early childhood programs for children from
birth through age 8. The funding provided to each intermediate district under
this section is determined by the distribution formula established by the
department’s office of great start to provide equitable funding statewide. In
order to receive funding under this section, each intermediate district shall
must provide an application to
the office of great start not later than September 15 of the immediately
preceding fiscal year indicating the activities strategies planned to be provided.
(2) Each intermediate
district or consortium of intermediate districts that receives funding under
this section shall convene a local great start collaborative and a parent
coalition. The goal of each great start collaborative and parent coalition is
to ensure the coordination and expansion of local early childhood infrastructure
and programs that allow every child in the community to achieve the following
outcomes:
(a) Children born
healthy.
(b) Children healthy,
thriving, and developmentally on track from birth to third grade.
(c) Children
developmentally ready to succeed in school at the time of school entry.
(d) Children prepared to
succeed in fourth grade and beyond by reading proficiently by the end of third
grade.
(3) Each local great
start collaborative and parent coalition shall convene workgroups to make
recommendations about community services designed to achieve the outcomes
described in subsection (2) and to ensure that its local great start system
includes the following supports for children from birth through age 8:
(a) Physical health.
(b) Social-emotional
health.
(c) Family supports and
basic needs.
(d) Parent education.
(e) Early education,
including the child’s development of skills linked to success in foundational
literacy, and care.
(4) From the funds
allocated in subsection (1), at least $2,500,000.00 must be used for the
purpose of providing home visits to at-risk children and their families. The
home visits must be conducted as part of a locally coordinated,
family-centered, evidence-based, data-driven home visit strategic plan that is
approved by the department. The goals of the home visits funded under this
subsection are to improve school readiness using evidence-based methods,
including a focus on developmentally appropriate outcomes for early literacy, to
reduce the number of pupils retained in grade level, to reduce the number of
pupils requiring special education services, to improve positive parenting
practices, and to improve family economic self-sufficiency while reducing the
impact of high-risk factors through community resources and referrals. The
department shall coordinate the goals of the home visit strategic plans
approved under this subsection with other state agency home visit programs in a
way that strengthens Michigan’s home visiting infrastructure and maximizes
federal funds available for the purposes of at-risk family home visits. The
coordination among departments and agencies is intended to avoid duplication of
state services and spending, and should emphasize efficient service delivery of
home visiting programs.
(5) Not later than December
1 of each year, each intermediate district shall provide a report to the
department detailing the activities strategies
actually provided implemented
during the immediately preceding school year and the families and children
actually served. At a minimum, the report must include an evaluation of the
services provided with additional funding under subsection (4) for home visits,
using the goals identified in subsection (4) as the basis for the evaluation,
including the degree to which school readiness was improved, any change in
the number of pupils retained at grade level, any change in the number of
pupils receiving special education services, the degree to which positive
parenting practices were improved, the degree to which there was improved
family economic self-sufficiency, and the degree to which community resources
and referrals were utilized. The department shall compile and summarize these
reports and submit its summary to the house and senate appropriations
subcommittees on school aid and to the house and senate fiscal agencies not
later than February 15 of each year.
(6) An intermediate
district or consortium of intermediate districts that receives funding under
this section may carry over any unexpended funds received under this section
into the next fiscal year and may expend those unused funds through June 30 of
the next fiscal year. However, an
intermediate district or consortium of intermediate districts that receives
funding for the purposes described in subsection (2) in fiscal year 2020-2021
shall not carry over into the next fiscal year any amount exceeding 30% of the
amount awarded to the intermediate district or consortium in the 2020-2021
fiscal year. It is intended that the amount carried over from funding awarded
for the purposes described in subsection (2) in fiscal year 2021-2022 not
exceed 20% of the amount awarded in that fiscal year and the amount carried
over from funding awarded for the purposes described in subsection (2) in
fiscal year 2022‑2023 not exceed 15% of the amount awarded in that fiscal
year. A recipient of a grant shall return any unexpended grant funds to the
department in the manner prescribed by the department not later than September
30 of the next fiscal year after the fiscal year in which the funds are
received.
Sec.
35a. (1) From the appropriations in section 11, there is allocated for 2019-2020
2020-2021 for the purposes of
this section an amount not to exceed $57,400,000.00 $55,400,000.00 from
the state school aid fund and there is
allocated for 2020-2021 for the purposes of subsection (8) an amount not to
exceed $2,773,000.00 from the general fund. The superintendent shall
designate staff or contracted employees funded under this section as critical
shortage. Programs funded under this section are intended to ensure that this
state will be a top 10 state in grade 4 reading proficiency by 2025 according
to the National Assessment of Educational Progress (NAEP).
(2) A district that
receives funds under subsection (5) may spend up to 5% of those funds for
professional development for educators in a department-approved research-based
training program related to current state literacy standards for pupils in grades
K pre-K to 3. The
professional development must also include training in the use of screening and
diagnostic tools, progress monitoring, and intervention methods used to address
barriers to learning and delays in learning that are diagnosed through the use
of these tools.
(3) A district that
receives funds under subsection (5) may use up to 5% of those funds to
administer department-approved screening and diagnostic tools to monitor the
development of early literacy and early reading skills of pupils in grades K
pre-K to 3 and to support
research-based professional development for educators in administering
screening and diagnostic tools and in data interpretation of the results
obtained through the use of those tools for the purpose of implementing a
multi-tiered system of support to improve reading proficiency among pupils in
grades K pre-K to 3. A
department-approved screening and diagnostic tool administered by a district
using funding under this section must include all of the following components:
phonemic awareness, phonics, fluency, and comprehension. Further, all of the
following sub-skills must be assessed within each of these components:
(a) Phonemic awareness -
segmentation, blending, and sound manipulation (deletion and substitution).
(b) Phonics - decoding
(reading) and encoding (spelling).
(c) Fluency - reading
rate, accuracy, and expression.
(d) Comprehension -
making meaning of text.
(4) From the allocation
under subsection (1), there is allocated an amount not to exceed $31,500,000.00 for 2019-2020 2020-2021 for the purpose of providing
early literacy coaches at intermediate districts to assist teachers in
developing and implementing instructional strategies for pupils in grades K pre-K to 3 so that pupils are reading
at grade level by the end of grade 3. All of the following apply to funding
under this subsection:
(a) The department shall
develop an application process consistent with the provisions of this
subsection. An application must provide assurances that literacy coaches funded
under this subsection are knowledgeable about at least the following:
(i) Current state literacy standards for pupils in grades K pre-K to 3.
(ii) Implementing an instructional delivery model based on frequent
use of formative, screening, and diagnostic tools, known as a multi-tiered
system of support, to determine individual progress for pupils in grades K pre-K to 3 so that pupils are reading
at grade level by the end of grade 3.
(iii) The use of data from diagnostic tools to determine the
necessary additional supports and interventions needed by individual pupils in
grades K pre-K to 3 in order
to be reading at grade level.
(b) From the allocation
under this subsection, the department shall award grants to intermediate districts
for the support of early literacy coaches. The department shall provide this
funding in the following manner:
(i) The department shall award each intermediate district grant
funding to support the cost of 1 early literacy coach in an equal amount per
early literacy coach, not to exceed $112,500.00.
(ii) After distribution of the grant funding under subparagraph (i), the department shall distribute the
remainder of grant funding for additional early literacy coaches in an amount
not to exceed $112,500.00 per
early literacy coach. The number of funded early literacy coaches for each
intermediate district is based on the percentage of the total statewide number
of pupils in grades K to 3 who meet the income eligibility standards for the
federal free and reduced-price lunch programs who are enrolled in districts in
the intermediate district.
(c) If an intermediate
district that receives funding under this subsection uses an assessment tool
that screens for signs of dyslexia, the intermediate district shall use the
assessment results from that assessment tool to identify pupils who demonstrate
signs of dyslexia.
(5) From the allocation
under subsection (1), there is allocated an amount not to exceed $19,900,000.00 for 2019-2020 2020-2021 to districts that provide
additional instructional time to those pupils in grades K pre-K to 3, or, for 2020-2021 only, those pupils in grades pre-K to 12, who have been identified by using department-approved
screening and diagnostic tools as needing additional supports and interventions
in order to be reading at grade level by the end of grade 3, or, for 2020-2021 only, reading at the applicable grade level.
Additional instructional time may be provided before, during, and after regular
school hours or as part of a year-round balanced school calendar. All of the
following apply to funding under this subsection:
(a) In order to be
eligible to receive funding, a district shall demonstrate to the satisfaction
of the department that the district has done all of the following:
(i) Implemented a multi-tiered system of support instructional
delivery model that is an evidence-based model that uses data-driven problem
solving to integrate academic and behavioral instruction and that uses
intervention delivered to all pupils in varying intensities based on pupil needs.
The multi-tiered system of supports must provide at least all of the following
essential components:
(A) Team-based
leadership.
(B) A tiered delivery
system.
(C) Selection and
implementation of instruction, interventions, and supports.
(D) A comprehensive
screening and assessment system.
(E) Continuous
data-based decision making.
(ii) Used department-approved research-based diagnostic tools to
identify individual pupils in need of additional instructional time.
(iii) Used a reading instruction method that focuses on the 5
fundamental building blocks of reading: phonics, phonemic awareness, fluency,
vocabulary, and comprehension and content knowledge.
(iv) Provided teachers of pupils in grades K pre-K to 3 with research-based
professional development in diagnostic data interpretation.
(v) Complied with the requirements under section 1280f of the
revised school code, MCL 380.1280f.
(b) The department shall
distribute funding allocated under this subsection to eligible districts on an
equal per-first-grade-pupil basis.
(c) If the funds
allocated under this subsection are insufficient to fully fund the payments
under this subsection, payments under this subsection are prorated on an equal
per-pupil basis based on grade 1 pupils.
(6) Not later than
September 1 of each year, a district that receives funding under subsection (4),
(5) , or (9), in
conjunction with the Michigan data hub network, student data system, if possible, shall provide to the department a
report that includes at least both of the following, in a form and manner
prescribed by the department:
(a) For pupils in grades
K pre-K to 3 or pre-K to 12, as applicable, the
pupils, schools, and grades served with funds under this section and the
categories of services provided.
(b) For pupils in grades
K pre-K to 3 or pre-K to 12, as applicable, pupil
proficiency and growth data that allows analysis both in the aggregate and by
each of the following subgroups, as applicable:
(i) School.
(ii) Grade level.
(iii) Gender.
(iv) Race.
(v) Ethnicity.
(vi) Economically disadvantaged status.
(vii) Disability.
(viii) Pupils identified as having reading deficiencies.
(7) From the allocation
under subsection (1), there is allocated an amount not to exceed $1,000,000.00 $4,000,000.00 for 2019-2020 2020-2021 to an intermediate district
in which the combined total number of pupils in membership of all of its
constituent districts is the fewest among all intermediate districts. All of
the following apply to the funding under this subsection:
(a) Funding under this
subsection must be used by the intermediate district, in partnership with an
association that represents intermediate district administrators in this state,
to implement both all of the
following:
(i) Literacy essentials teacher and principal training modules.
(ii) Face-to-face and online professional
learning of literacy essentials teacher and principal training modules for
literacy coaches, principals, and teachers.
(iii) The placement of
regional lead literacy coaches to facilitate professional learning for early
literacy coaches. These regional lead literacy coaches shall provide support
for new literacy coaches, building teachers, and administrators and shall
facilitate regional data collection to evaluate the effectiveness of statewide
literacy coaches funded under this section.
(iv) Provide $500,000.00
from this subsection for literacy training, modeling, coaching, and feedback
for district principals or chief administrators, as applicable. The training
described in this subparagraph must use the pre-K and K to 3 essential
instructional practices in literacy created by the general education leadership
network as the framework for all training provided under this subparagraph.
(b) Not later than
September 1 of each year, the intermediate district described in this
subsection, in consultation with grant recipients, shall submit a report to the
chairs of the senate and house appropriations subcommittees on state school aid, and the chairs of the senate
and house standing committees responsible for education legislation, the house and senate fiscal agencies, and
the state budget director. The report described under this subdivision must
include student achievement results in English language arts and survey results
with feedback from parents and teachers regarding the initiatives implemented
under this subsection.
(c) Up to 2% of funds allocated
under this subsection may be used by the association representing intermediate
district administrators that is in partnership with the intermediate district
specified in this subsection to administer this subsection.
(8) From the general fund money
allocated in subsection (1), the department shall allocate the amount of
$2,773,000.00 for 2020-2021 to the Michigan Education Corps for the PreK Reading
Corps, the K3 Reading Corps, and the Math Corps. All of the following apply to
funding under this subsection:
(a) By September 1 of the
current fiscal year, the Michigan Education Corps shall provide a report
concerning its use of the funding to the senate and house appropriations
subcommittees on state school aid, the senate and house fiscal agencies, and
the senate and house caucus policy offices on outcomes and performance measures
of the Michigan Education Corps, including, but not limited to, the degree to
which the Michigan Education Corps’ replication of the PreK Reading Corps, the
K3 Reading Corps, and the Math Corps programs is demonstrating sufficient
efficacy and impact. The report must include data pertaining to at least all of
the following:
(i) The current impact of the programs on this state in terms of
numbers of children and schools receiving support. This portion of the report
must specify the number of children tutored, including dosage and completion,
and the demographics of those children.
(ii) Whether the assessments and interventions are implemented with
fidelity. This portion of the report must include details on the total number
of assessments and interventions completed and the range, mean, and standard
deviation.
(iii) Whether the literacy or math improvement of children
participating in the programs is consistent with expectations. This portion of
the report must detail at least all of the following:
(A) Growth rate by grade or age
level, in comparison to targeted growth rate.
(B) Average linear growth
rates.
(C) Exit rates.
(D) Percentage of children who
exit who also meet or exceed spring benchmarks.
(iv) The impact of the programs on organizations and stakeholders,
including, but not limited to, school administrators, internal coaches, and
AmeriCorps members.
(b) If the department
determines that the Michigan Education Corps has misused the funds allocated
under this subsection, the Michigan Education Corps shall reimburse this state
for the amount of state funding misused.
(c) The department may not
reserve any portion of the allocation provided under this subsection for an
evaluation of the Michigan Education Corps, the Michigan Education Corps’
funding, or the Michigan Education Corps’ programming unless agreed to in
writing by the Michigan Education Corps. The department shall award the entire
$2,773,000.00 allocated under this subsection to the Michigan Education Corps
and shall not condition the awarding of this funding on the implementation of
an independent evaluation.
(9) (8) If a district or
intermediate district expends any funding received under subsection (4) or (5)
for professional development in research-based effective reading instruction,
the district or intermediate district shall select a professional development program
from the list described under subdivision (a). All of the following apply to
the requirement under this subsection:
(a) The department shall
issue a request for proposals for professional development programs in
research-based effective reading instruction to develop an initial approved
list of professional development programs in research-based effective reading
instruction. The department shall complete and make the initial approved
list public not later than December 1, 2019. After December 1, 2019, the
department and shall determine
if it will, on a rolling basis, approve any new proposals submitted for
addition to its initial approved list.
(b) To
be included as an approved professional development program in research-based
effective reading instruction under subdivision (a), an applicant must
demonstrate to the department in writing the program’s competency in all of the
following topics:
(i) Understanding of phonemic awareness,
phonics, fluency, vocabulary, and comprehension.
(ii) Appropriate use of assessments and
differentiated instruction.
(iii) Selection of appropriate
instructional materials.
(iv) Application of research-based
instructional practices.
(c) As
used in this subsection, “effective reading instruction” means reading
instruction scientifically proven to result in improvement in pupil reading
skills.
(9) From the allocation under
subsection (1), there is allocated for 2019-2020 only an amount not to exceed $5,000,000.00 for
a summer school reading program for grade 3 pupils who did not score at least
proficient on the English language arts portion of the Michigan student test of
educational progress (M-STEP) and for pupils in grades K to 2 who are not
reading at grade level. All of the following apply to the funding allocated
under this subsection:
(a) To be eligible for funding
under this subsection, a district must apply in a form and manner prescribed by
the department by not later than January 15, 2020.
(b) The department shall award
funding under this subsection not later than March 15, 2020.
(c) The amount of funding to
each eligible district is equal to the product of the quotient of $5,000,000.00
divided by the sum of the number of pupils determined by the department to have
scored less than proficient on the English language arts portion of the 2019
grade 3 Michigan student test of educational progress (M-STEP) among all of the
districts that apply and are eligible for funding for a summer school reading
program under this subsection, multiplied by the number of pupils in the
eligible district determined by the department to have scored less than
proficient on the English language arts portion of the 2019 grade 3 Michigan
student test of educational progress (M-STEP).
(d) A district that is awarded
funding under this subsection must prioritize its summer school reading program
toward grade 3 pupils who scored less than proficient on the English language
arts portion of the Michigan student test of educational progress (M-STEP), but
may extend the program to any pupil in grades K to 2 who is not reading at
grade level if the program has capacity.
(10) Notwithstanding
section 17b, the department shall make payments made under subsections (7) and
(9) and (8) on a schedule
determined by the department.
Sec. 35b. (1) From the
general fund money appropriated in section 11, there is allocated for 2018-2019
2020-2021 an amount not to
exceed $250,000.00 for a grant to be distributed by the department to the
Children’s Choice Initiative to create a pilot program for a program to use a multisensory
structured language education method to improve reading proficiency rates and
to comply with section 1280f of the revised school code, MCL 380.1280f.
(2)
Grant funds awarded under this section must be expended for the following
purposes:
(a)
Professional development including training staff and tutors in a multisensory,
sequential, systematic education approach.
(b)
Additional instructional time before, during, or after school for pupils in
grades K to 3 identified as having an early literacy delay or reading
deficiency using a multisensory, sequential, systematic education approach.
(3)
Not later than December 1, 2020, 2021,
an entity that receives grant funds under this section shall report to the
house and senate appropriations subcommittees on school aid, the house and
senate fiscal agencies, and the state budget director on all of the following
for the grant funds awarded under this section:
(a)
The number of staff and tutors trained.
(b)
The number of pupils in grades K to 3 identified as having an early literacy
delay or reading deficiency served.
(c)
The number of hours of added instructional time provided to pupils served.
(d)
Pupil reading proficiency and growth data of pupils served necessary to
evaluate the effectiveness of the program.
Sec. 35d. (1) From the general
fund money appropriated under section 11, for 2020-2021, there is allocated an
amount not to exceed $500,000.00 for the department to provide grants to
districts and intermediate districts for the purchase of 1 or more components
or trainings through an eligible 1-on-1 tutoring program for children with
dyslexia from a provider of an eligible 1-on-1 tutoring program for children
with dyslexia as provided under this section.
(2) A provider that provides programming that
meets all of the following is considered to be a provider of an eligible 1-on-1
tutoring program for purposes of this section:
(a) Allows teachers to incorporate the 5
components essential to an effective reading program into their daily lessons.
The 5 components described in this subdivision are phonemic awareness, phonics,
vocabulary, fluency, and comprehension.
(b) Trains educators to teach reading using a
proven, multisensory approach.
(c) Educates teachers on how to explicitly and
effectively teach reading to beginning readers.
(d) Breaks reading and spelling down into smaller
skills involving letters and sounds, and then builds on these skills over time.
(e) Uses multisensory teaching strategies to
teach reading by using sight, hearing, touch, and movement to help students
connect and learn the concepts being taught.
(3) Districts and intermediate districts may
apply to the department for grants to purchase components or training through
an eligible 1-on-1 tutoring program from a provider of an eligible 1-on-1
tutoring program, and, upon receiving an application but except as otherwise
provided in this subsection, the department shall make payments to districts
and intermediate districts for those purchases. The department shall make
payments under this section on a first-come, first-served basis until funds are
depleted.
Sec. 35e. (1) From the general fund
money appropriated under section 11, there is allocated an amount not to exceed
$1,000,000.00 for 2020-2021 for a grant to be distributed by the department to
an organization to provide early literacy and academic support to at-need youth
in this state.
(2) To qualify for a grant under this section, an organization
must be exempt from federal income tax under section 501(c)(3) of the internal
revenue code, 26 USC 501, and must be affiliated and in good standing with a
national congressionally chartered organization’s standards under 36 USC 20101
to 240112, and must meet both of the following:
(a) Is facility-based and provides proven and tested recreational,
educational, and character building programs for children ages 6 to 18.
(b) Provides after-school and summer programs in at least 25
communities statewide, with youth development services available at least 20
hours per week during the school year and 30 hours per week during summer
programming.
(3) A grant recipient under this section shall administer an early
learning literacy program targeted at students in grades K-3. At least 60% of
the participants in the program must qualify for free or reduced-priced lunch.
Each entity receiving funds to implement the program shall report to the
department on the number of children served, the types of services, and the
outcome of those services.
(4) Notwithstanding section 17b, the department shall make grant
payments under this section on a schedule determined by the department.
Sec. 35f. From the general fund
money appropriated in section 11, there is allocated for 2020-2021 an amount
not to exceed $500,000.00 for the department to award to the Chaldean community
foundation. The Chaldean community foundation shall use funds received under
this section to support and expand early childhood learning opportunities, improve
early literacy achievement, increase high school graduation rates for new
Americans, and assist with diploma acquisition, skills training, and
postsecondary education.
Sec. 39. (1) An eligible
applicant receiving funds under section 32d shall submit an application, in a
form and manner prescribed by the department, by a date specified by the
department in the immediately preceding fiscal year. An eligible applicant is
not required to amend the applicant’s current accounting cycle or adopt this
state’s fiscal year accounting cycle in accounting for financial transactions
under this section. The application must include all of the following:
(a)
The estimated total number of children in the community who meet the criteria
of section 32d, as provided to the applicant by the department utilizing the
most recent population data available from the American Community Survey
conducted by the United States Census Bureau. The department shall ensure that
it provides updated American Community Survey population data at least once
every 3 years.
(b)
The estimated number of children in the community who meet the criteria of
section 32d and are being served exclusively by Head Start programs operating
in the community.
(c)
The number of children whom the applicant has the capacity to serve who meet
the criteria of section 32d including a verification of physical facility
and staff resources capacity.
(2)
After notification of funding allocations, an applicant receiving funds under
section 32d shall also submit an implementation plan for approval, in a form
and manner prescribed by the department, by a date specified by the department,
that details how the applicant complies with the program components established
by the department pursuant to section 32d.
(3)
The initial allocation to each eligible applicant under section 32d is the
lesser of the following:
(a)
The sum of the number of children served in a school-day program in the
preceding school year multiplied by $7,250.00 and the number of children served
in a GSRP/Head Start blended program or a part-day program in the preceding
school year multiplied by $3,625.00.
(b)
The sum of the number of children the applicant has the capacity to serve in
the current school year in a school-day program multiplied by $7,250.00 and the
number of children served in a GSRP/Head Start blended program or a part-day
program the applicant has the capacity to serve in the current school year
multiplied by $3,625.00.
(4) If
funds remain after the allocations under subsection (3), the department shall
distribute the remaining funds to each intermediate district or consortium of
intermediate districts that serves less than the state percentage benchmark
determined under subsection (5). The department shall distribute these
remaining funds to each eligible applicant based upon each applicant’s
proportionate share of the remaining unserved children necessary to meet the
statewide percentage benchmark in intermediate districts or consortia of
intermediate districts serving less than the statewide percentage benchmark.
When all applicants have been given the opportunity to reach the statewide
percentage benchmark, the statewide percentage benchmark may be reset, as
determined by the department, until greater equity of opportunity to serve
eligible children across all intermediate school districts has been achieved.
(5)
For the purposes of subsection (4), the department shall calculate a percentage
of children served by each intermediate district or consortium of intermediate
districts by dividing adding the
number of children served in the immediately preceding year by that
intermediate district or consortium with
the number of eligible children under section 32d served exclusively by head
start, as reported in a form and manner prescribed by the department, within
the intermediate district or consortia service area and dividing that total by
the total number of children within the intermediate district or consortium of
intermediate districts who meet the criteria of section 32d as determined by
the department utilizing the most recent population data available from the
American Community Survey conducted by the United States Census Bureau. The
department shall compare the resulting percentage of eligible children served
to a statewide percentage benchmark to determine if the intermediate district
or consortium is eligible for additional funds under subsection (4). The
statewide percentage benchmark is 60%.
(6)
If, taking into account the total amount to be allocated to the applicant as
calculated under this section, an applicant determines that it is able to
include additional eligible children in the great start readiness program
without additional funds under section 32d, the applicant may include
additional eligible children but does not receive additional funding under
section 32d for those children.
(7)
The department shall review the program components under section 32d and under
this section at least biennially. The department also shall convene a committee
of internal and external stakeholders at least once every 5 years to ensure
that the funding structure under this section reflects current system needs
under section 32d.
(8) As
used in this section, “GSRP/Head Start
blended program”, “part-day program”, and “school-day program” , “GSRP/Head Start blended program”,
and “part-day program” mean those terms as defined in section 32d as, for 2020-2021, impacted by section
32d(26).
Sec. 39a. (1) From the
federal funds appropriated in section 11, there is allocated for 2019-2020 2020‑2021 to districts,
intermediate districts, and other eligible entities all available federal
funding, estimated at $725,600,000.00 $749,200,000.00
for
the federal programs under the no child left behind act of 2001, Public Law
107-110, or the every student succeeds act, Public Law 114-95. These funds are
allocated as follows:
(a) An amount estimated at $1,200,000.00 for 2019-2020
2020-2021 to provide students
with drug- and violence-prevention programs and to implement strategies to
improve school safety, funded from DED-OESE, drug-free schools and communities
funds.
(b) An amount
estimated at $100,000,000.00 for 2019-2020
2020-2021 for the purpose of
preparing, training, and recruiting high-quality teachers and class size
reduction, funded from DED-OESE, improving teacher quality funds.
(c) An amount estimated at $11,000,000.00 for 2019-2020
2020-2021 for programs to teach
English to limited English proficient (LEP) children, funded from DED-OESE,
language acquisition state grant funds.
(d) An amount
estimated at $2,800,000.00 for 2019-2020
2020-2021 for rural and low
income schools, funded from DED-OESE, rural and low income school funds.
(e) An amount
estimated at $535,000,000.00 for 2019-2020
2020-2021 to provide
supplemental programs to enable educationally disadvantaged children to meet
challenging academic standards, funded from DED-OESE, title I, disadvantaged
children funds.
(f) An amount
estimated at $9,200,000.00 for 2019-2020
2020-2021 for the purpose of
identifying and serving migrant children, funded from DED-OESE, title I,
migrant education funds.
(g) An amount
estimated at $39,000,000.00 for 2019-2020
2020-2021 for the purpose of
providing high-quality extended learning opportunities, after school and during
the summer, for children in low-performing schools, funded from DED-OESE,
twenty-first century community learning center funds.
(h) An amount
estimated at $12,000,000.00 $14,000,000.00
for 2019-2020 2020-2021 to help support local school improvement efforts, funded
from DED-OESE, title I, local school improvement grants.
(i) An amount
estimated at $15,400,000.00 $35,000,000.00
for 2019-2020 2020-2021 to improve the academic achievement of students, funded
from DED-OESE, title IV, student support and academic enrichment grants.
(2)
From the federal funds appropriated in section 11, there is allocated for
2019-2020 to districts, intermediate districts, and other eligible entities
all available federal funding, estimated at $49,100,000.00 $55,000,000.00
for 2019-2020
2020-2021 for the following
programs that are funded by federal grants:
(a) An amount estimated at $100,000.00 for
2019-2020 for acquired immunodeficiency syndrome education grants, funded from
HHS – Centers for Disease Control and Prevention, AIDS funding.
(a) (b) An amount estimated at $1,900,000.00 $3,000,000.00 for 2019-2020 2020-2021 to provide services to
homeless children and youth, funded from DED-OVAE, homeless children and youth
funds.
(c) An amount estimated at $4,000,000.00 for
2019-2020 to provide mental health, substance abuse, or violence prevention
services to students, funded from HHS-SAMHSA.
(b) (d) An amount estimated at $24,000,000.00 for 2019-20202020-2021 for providing career and
technical education services to pupils, funded from DED-OVAE, basic grants to
states.
(c) (e) An amount estimated at $14,000,000.00 for 2019-2020 2020-2021 for the Michigan charter
school subgrant program, funded from DED–OII, public charter schools program
funds.
(d) (f) An amount estimated at $5,100,000.00
$14,000,000.00 for 2019-2020 2020-2021 for the purpose of promoting
and expanding high-quality preschool services, funded from HHS–OCC, preschool development
funds.
(3)
The department shall distribute all federal funds allocated under this section
in accordance with federal law and with flexibility provisions outlined in
Public Law 107-116, and in the education flexibility partnership act of 1999,
Public Law 106-25. Notwithstanding section 17b, the department shall make
payments of federal funds to districts, intermediate districts, and other
eligible entities under this section on a schedule determined by the
department.
(4)
For the purposes of applying for federal grants appropriated under this
article, the department shall allow an intermediate district to submit a
consortium application on behalf of 2 or more districts with the agreement of
those districts as appropriate according to federal rules and guidelines.
(5)
For the purposes of funding federal title I grants under this article, in
addition to any other federal grants for which the strict discipline academy is
eligible, the department shall allocate to a strict discipline academy out of
title I, part A an amount equal to what the strict discipline academy would
have received if included and calculated under title I, part D, or what it
would receive under the formula allocation under title I, part A,
whichever is greater.
(6) As
used in this section:
(a) “DED”
means the United States Department of Education.
(b) “DED-OESE”
means the DED Office of Elementary and Secondary Education.
(c) “DED-OII”
means the DED Office of Innovation and Improvement.
(d) “DED-OVAE”
means the DED Office of Vocational and Adult Education.
(e) “HHS”
means the United States Department of Health and Human Services.
(f) “HHS-OCC”
means the HHS Office of Child Care.
(g) “HHS-SAMHSA” means the HHS
Substance Abuse and Mental Health Services Administration.
Sec. 41. (1) For a
district or public school academy to be eligible to receive funding
under this section, the district or public school academy must
administer to English language learners the English language proficiency
assessment known as the “WIDA ACCESS for English language learners” or the “WIDA
Alternate ACCESS”. From the appropriation in section 11, there is allocated an
amount not to exceed $13,000,000.00 for
2019-2020 2020-2021 for
payments to eligible districts and eligible public school academies for
services for English language learners who have been administered the WIDA
ACCESS for English language learners.
(2)
The department shall distribute funding allocated under subsection (1) to
eligible districts and eligible public school academies based on the
number of full-time equivalent English language learners as follows:
(a) $900.00 per full-time equivalent
English language learner who has been assessed under the WIDA ACCESS for
English language learners or the WIDA Alternate ACCESS with a WIDA ACCESS or
WIDA Alternate ACCESS composite score between 1.0 and 1.9, or less, as
applicable to each assessment.
(b) $620.00 per full-time equivalent
English language learner who has been assessed under the WIDA ACCESS for
English language learners or the WIDA Alternate ACCESS with a WIDA ACCESS or
WIDA Alternate ACCESS composite score between 2.0 and 2.9, or less, as
applicable to each assessment.
(c) $100.00 per full-time equivalent
English language learner who has been assessed under the WIDA ACCESS for
English language learners or the WIDA Alternate ACCESS with a WIDA ACCESS or
WIDA Alternate ACCESS composite score between 3.0 and 3.9, or less, as
applicable to each assessment.
(3) If
funds allocated under subsection (1) are insufficient to fully fund the
payments as prescribed under subsection (2), the department shall prorate
payments on an equal percentage basis, with the same percentage proration
applied to all funding categories.
(4)
Each district or public school academy receiving funds under subsection
(1) shall submit to the department by July 15 of each fiscal year a report, not
to exceed 10 pages, on the usage by the district or public school academy of
funds under subsection (1) in a form and manner determined by the department,
including a brief description of each program conducted or services performed
by the district or public school academy using funds under subsection
(1) and the amount of funds under subsection (1) allocated to each of those
programs or services. If a district or public school academy does not
comply with this subsection, the department shall withhold an amount equal to
the August payment due under this section until the district or public
school academy complies with this subsection. If the district or public
school academy does not comply with this subsection by the end of the state
fiscal year, the withheld funds are forfeited to the school aid fund.
(5) In
order to receive funds under this subsection (1), a district or
public school academy shall must allow
access for the department or the department’s designee to audit all records
related to the program for which it receives those funds. The district or
public school academy shall reimburse this state for all disallowances
found in the audit.
(6)
Beginning July 1, 2020, and every 3 years thereafter, the department shall
review the per-pupil distribution under subsection (2), to ensure that funding
levels are appropriate and make recommendations for adjustments to the members
of the senate and house subcommittees on K-12 school aid appropriations.
Sec. 51a. (1) From the
appropriation in section 11, there is allocated an amount not to exceed
$1,023,996,100.00 for 2019-2020 and
there is allocated an amount not to exceed $1,079,296,100.00 for 2020-2021 from
state sources and all available federal funding under sections 611 to 619 of
part B of the individuals with disabilities education act, 20 USC 1411 to 1419,
estimated at $370,000,000.00 for 2019‑2020 and $375,000,000.00 for 2020-2021, plus any carryover federal
funds from previous year appropriations. The allocations under this subsection
are for the purpose of reimbursing districts and intermediate districts for
special education programs, services, and special education personnel as
prescribed in article 3 of the revised school code, MCL 380.1701 to 380.1761;
net tuition payments made by intermediate districts to the Michigan Schools for
the Deaf and Blind; and special education programs and services for pupils who
are eligible for special education programs and services according to statute
or rule. For meeting the costs of special education programs and services not
reimbursed under this article, a district or intermediate district may use
money in general funds or special education funds, not otherwise restricted, or
contributions from districts to intermediate districts, tuition payments, gifts
and contributions from individuals or other entities, or federal funds that may
be available for this purpose, as determined by the intermediate district plan
prepared under article 3 of the revised school code, MCL 380.1701 to 380.1761.
Notwithstanding section 17b, the department shall make payments of federal
funds to districts, intermediate districts, and other eligible entities under
this section on a schedule determined by the department.
(2) From
the funds allocated under subsection (1), there is allocated the amount
necessary, estimated at $286,900,000.00 for 2019-2020 and estimated at $307,500,000.00 for 2020-2021, for payments
toward reimbursing districts and intermediate districts for 28.6138% of total
approved costs of special education, excluding costs reimbursed under section
53a, and 70.4165% of total approved costs of special education transportation.
Allocations under this subsection are made as follows:
(a)
The department shall calculate the initial amount allocated to a district under
this subsection toward fulfilling the specified percentages by multiplying the
district’s special education pupil membership, excluding pupils described in
subsection (11), times the foundation allowance under section 20 of the pupil’s
district of residence, not to exceed the target foundation allowance for the
current fiscal year, or, for a special education pupil in membership in a
district that is a public school academy, times an amount equal to the amount
per membership pupil calculated under section 20(6). For an intermediate
district, the amount allocated under this subdivision toward fulfilling the
specified percentages is an amount per special education membership pupil,
excluding pupils described in subsection (11), and is calculated in the same
manner as for a district, using the foundation allowance under section 20 of
the pupil’s district of residence, not to exceed the target foundation allowance
for the current fiscal year.
(b)
After the allocations under subdivision (a), the department shall pay a
district or intermediate district for which the payments calculated under
subdivision (a) do not fulfill the specified percentages the amount necessary
to achieve the specified percentages for the district or intermediate district.
(3)
From the funds allocated under subsection (1), there is allocated for 2019-2020
an amount not to exceed $1,000,000.00
and there is allocated for 2020-2021 an amount not to exceed $1,000,000.00 to
make payments to districts and intermediate districts under this subsection. If
the amount allocated to a district or intermediate district for a fiscal year
under subsection (2)(b) is less than the sum of the amounts allocated to the
district or intermediate district for 1996-97 under sections 52 and 58, there
is allocated to the district or intermediate district for the fiscal year an
amount equal to that difference, adjusted by applying the same proration factor
that was used in the distribution of funds under section 52 in 1996-97 as
adjusted to the district’s or intermediate district’s necessary costs of
special education used in calculations for the fiscal year. This adjustment is
to reflect reductions in special education program operations or services
between 1996-97 and subsequent fiscal years. The department shall make
adjustments for reductions in special education program operations or services
in a manner determined by the department and shall include adjustments for
program or service shifts.
(4) If
the department determines that the sum of the amounts allocated for a fiscal
year to a district or intermediate district under subsection (2)(a) and (b) is
not sufficient to fulfill the specified percentages in subsection (2), then the
department shall pay the shortfall to the district or intermediate district
during the fiscal year beginning on the October 1 following the determination
and shall adjust payments under subsection (3) as necessary. If the department
determines that the sum of the amounts allocated for a fiscal year to a
district or intermediate district under subsection (2)(a) and (b) exceeds the
sum of the amount necessary to fulfill the specified percentages in subsection
(2), then the department shall deduct the amount of the excess from the
district’s or intermediate district’s payments under this article for the
fiscal year beginning on the October 1 following the determination and shall
adjust payments under subsection (3) as necessary. However, if the amount
allocated under subsection (2)(a) in itself exceeds the amount necessary to
fulfill the specified percentages in subsection (2), there is no deduction
under this subsection.
(5)
State funds are allocated on a total approved cost basis. Federal funds are
allocated under applicable federal requirements. , except that an amount not to exceed $3,500,000.00 may be
allocated by the department for 2019-2020 to districts, intermediate districts,
or other eligible entities on a competitive grant basis for programs,
equipment, and services that the department determines to be designed to
benefit or improve special education on a statewide scale.
(6)
From the amount allocated in subsection (1), there is allocated an amount not
to exceed $2,200,000.00 for 2019-2020
and there is allocated an amount not to exceed $2,200,000.00 for 2020-2021
to reimburse 100% of the net increase in necessary costs incurred by a district
or intermediate district in implementing the revisions in the administrative
rules for special education that became effective on July 1, 1987. As used in
this subsection, “net increase in necessary costs” means the necessary
additional costs incurred solely because of new or revised requirements in the
administrative rules minus cost savings permitted in implementing the revised
rules. The department shall determine net increase in necessary costs in a
manner specified by the department.
(7)
For purposes of sections 51a to 58, all of the following apply:
(a) “Total
approved costs of special education” are determined in a manner specified by
the department and may include indirect costs, but must not exceed 115% of
approved direct costs for section 52 and section 53a programs. The total
approved costs include salary and other compensation for all approved special
education personnel for the program, including payments for Social Security and
Medicare and public school employee retirement system contributions. The total
approved costs do not include salaries or other compensation paid to
administrative personnel who are not special education personnel as that term
is defined in section 6 of the revised school code, MCL 380.6. Costs reimbursed
by federal funds, other than those federal funds included in the allocation
made under this article, are not included. Special education approved personnel
not utilized full time in the evaluation of students or in the delivery of
special education programs, ancillary, and other related services are
reimbursed under this section only for that portion of time actually spent
providing these programs and services, with the exception of special education
programs and services provided to youth placed in child caring institutions or
juvenile detention programs approved by the department to provide an on-grounds
education program.
(b)
Beginning with the 2004-2005 fiscal year, a district or intermediate district
that employed special education support services staff to provide special
education support services in 2003-2004 or in a subsequent fiscal year and that
in a fiscal year after 2003-2004 receives the same type of support services
from another district or intermediate district shall report the cost of those
support services for special education reimbursement purposes under this
article. This subdivision does not prohibit the transfer of special education
classroom teachers and special education classroom aides if the pupils counted
in membership associated with those special education classroom teachers and
special education classroom aides are transferred and counted in membership in
the other district or intermediate district in conjunction with the transfer of
those teachers and aides.
(c) If
the department determines before bookclosing for a fiscal year that the amounts
allocated for that fiscal year under subsections (2), (3), (6), and (11) and
sections 53a, 54, and 56 will exceed expenditures for that fiscal year under
subsections (2), (3), (6), and (11) and sections 53a, 54, and 56, then for a
district or intermediate district whose reimbursement for that fiscal year
would otherwise be affected by subdivision (b), subdivision (b) does not
apply to the calculation of the reimbursement for that district or intermediate
district and the department shall calculate reimbursement for that district or
intermediate district in the same manner as it was for 2003-2004. If the amount
of the excess allocations under subsections (2), (3), (6), and (11) and
sections 53a, 54, and 56 is not sufficient to fully fund the calculation of
reimbursement to those districts and intermediate districts under this
subdivision, then the department shall prorate calculations and resulting
reimbursement under this subdivision on an equal percentage basis. Beginning in
2015-2016, the amount of reimbursement under this subdivision for a fiscal year
must not exceed $2,000,000.00 for any district or intermediate district.
(d)
Reimbursement for ancillary and other related services, as defined by R
340.1701c of the Michigan Administrative Code, is not provided when those
services are covered by and available through private group health insurance
carriers or federal reimbursed program sources unless the department and
district or intermediate district agree otherwise and that agreement is
approved by the state budget director. Expenses, other than the incidental
expense of filing, must not be borne by the parent. In addition, the filing of
claims must not delay the education of a pupil. A district or intermediate
district is responsible for payment of a deductible amount and for an advance
payment required until the time a claim is paid.
(e)
Beginning with calculations for 2004-2005, if an intermediate district
purchases a special education pupil transportation service from a constituent
district that was previously purchased from a private entity; if the purchase
from the constituent district is at a lower cost, adjusted for changes in fuel
costs; and if the cost shift from the intermediate district to the constituent
does not result in any net change in the revenue the constituent district
receives from payments under sections 22b and 51c, then upon application by the
intermediate district, the department shall direct the intermediate district to
continue to report the cost associated with the specific identified special
education pupil transportation service and shall adjust the costs reported by
the constituent district to remove the cost associated with that specific
service.
(8) A
pupil who is enrolled in a full-time special education program conducted or
administered by an intermediate district or a pupil who is enrolled in the
Michigan schools for the deaf and blind Schools for the Deaf and Blind is not included in the membership
count of a district, but is counted in membership in the intermediate district
of residence.
(9)
Special education personnel transferred from 1 district to another to implement
the revised school code are entitled to the rights, benefits, and tenure to
which the person would otherwise be entitled had that person been employed by
the receiving district originally.
(10)
If a district or intermediate district uses money received under this section
for a purpose other than the purpose or purposes for which the money is
allocated, the department may require the district or intermediate district to
refund the amount of money received. The department shall deposit money that is
refunded in the state treasury to the credit of the state school aid fund.
(11)
From the funds allocated in subsection (1), there is allocated the amount
necessary, estimated at $3,100,000.00 for 2019-2020 and estimated at $3,000,000.00 for 2020-2021, to pay the foundation
allowances for pupils described in this subsection. The department shall
calculate the allocation to a district under this subsection by multiplying the
number of pupils described in this subsection who are counted in membership in
the district times the sum of the foundation allowance under section 20 of the
pupil’s district of residence not to exceed the target foundation allowance for
the current fiscal year, or, for a pupil described in this subsection who is
counted in membership in a district that is a public school academy, times an
amount equal to the amount per membership pupil under section 20(6). The
department shall calculate the allocation to an intermediate district under
this subsection in the same manner as for a district, using the foundation
allowance under section 20 of the pupil’s district of residence not to exceed
the target foundation allowance for the current fiscal year. This subsection
applies to all of the following pupils:
(a)
Pupils described in section 53a.
(b)
Pupils counted in membership in an intermediate district who are not special
education pupils and are served by the intermediate district in a juvenile
detention or child caring facility.
(c) Pupils
with an emotional impairment counted in membership by an intermediate district
and provided educational services by the department of health and human
services.
(12) If it is determined
that funds allocated under subsection (2) or (11) or under section 51c will not
be expended, funds up to the amount necessary and available may be used to
supplement the allocations under subsection (2) or (11) or under section 51c in
order to fully fund those allocations. After payments under subsections (2) and
(11) and section 51c, the department shall expend the remaining funds from the
allocation in subsection (1) in the following order:
(a) 100% of the
reimbursement required under section 53a.
(b) 100% of the
reimbursement required under subsection (6).
(c) 100% of the payment
required under section 54.
(d) 100% of the payment
required under subsection (3).
(e) 100% of the payments
under section 56.
(13) The allocations
under subsections (2), (3), and (11) are allocations to intermediate districts
only and are not allocations to districts, but instead are calculations used
only to determine the state payments under section 22b.
(14) If a public school
academy that is not a cyber school, as that term is defined in section 551 of
the revised school code, MCL 380.551, enrolls under this section a pupil who
resides outside of the intermediate district in which the public school academy
is located and who is eligible for special education programs and services
according to statute or rule, or who is a child with disabilities, as defined
under the individuals with disabilities education act, Public Law 108-446, the
intermediate district in which the public school academy is located and the
public school academy shall enter into a written agreement with the
intermediate district in which the pupil resides for the purpose of providing
the pupil with a free appropriate public education, and the written agreement
must include at least an agreement on the responsibility for the payment of the
added costs of special education programs and services for the pupil. If the
public school academy that enrolls the pupil does not enter into an agreement
under this subsection, the public school academy shall not charge the pupil’s
resident intermediate district or the intermediate district in which the public
school academy is located the added costs of special education programs and
services for the pupil, and the public school academy is not eligible for any
payouts based on the funding formula outlined in the resident or nonresident intermediate
district’s plan. If a pupil is not enrolled in a public school academy under
this subsection, the provision of special education programs and services and
the payment of the added costs of special education programs and services for a
pupil described in this subsection are the responsibility of the district and
intermediate district in which the pupil resides.
(15) For the purpose of
receiving its federal allocation under part B of the individuals with
disabilities education act, Public Law 108-446, a public school academy that is
a cyber school, as that term is defined in section 551 of the revised school
code, MCL 380.551, and is in compliance with section 553a of the revised school
code, MCL 380.553a, directly receives the federal allocation under part B of
the individuals with disabilities education act, Public Law 108-446, from the
intermediate district in which the cyber school is located, as the
subrecipient. If the intermediate district does not distribute the funds
described in this subsection to the cyber school by the part B application due
date of July 1, the department may distribute the funds described in this
subsection directly to the cyber school according to the formula prescribed in
34 CFR 300.705 and 34 CFR 300.816.
(16) For a public school
academy that is a cyber school, as that term is defined in section 551 of the
revised school code, MCL 380.551, and is in compliance with section 553a of the
revised school code, MCL 380.553a, that enrolls a pupil under this section, the
intermediate district in which the cyber school is located shall ensure that
the cyber school complies with sections 1701a, 1703, 1704, 1751, 1752, 1756,
and 1757 of the revised school code, MCL 380.1701a, 380.1703, 380.1704,
380.1751, 380.1752, 380.1756, and 380.1757; applicable rules; and the
individuals with disabilities education act, Public Law 108-446.
(17) For the purposes of
this section, the department or the center shall only require a district or
intermediate district to report information that is not already available from
the financial information database maintained by the center.
Sec.
51c. As required by the court in the consolidated cases known as Durant v State of Michigan, 456 Mich 175
(1997), from the allocation under section 51a(1), there is allocated for
2019-2020 and for 2020‑2021, the
amount necessary, estimated at $678,600,000.00 for 2019-2020 and $713,400,000.00 for 2020-2021, for
payments to reimburse districts for 28.6138% of total approved costs of special
education excluding costs reimbursed under section 53a, and 70.4165% of total
approved costs of special education transportation. Funds allocated under this section that are not expended in the fiscal
year for which they were allocated, as determined by the department, may be
used to supplement the allocations under sections 22a and 22b to fully fund
those allocations for the same fiscal year. For each fund transfer as described
in the immediately preceding sentence that occurs, the state budget director
shall send notification of the transfer to the house and senate appropriations
subcommittees on state school aid and the house and senate fiscal agencies by
not later than 14 calendar days after the transfer occurs.
Sec. 51d. (1) From the
federal funds appropriated in section 11, there is allocated for 2019-2020 2020‑2021 all available federal
funding, estimated at $61,000,000.00, $71,000,000.00 for special education programs and services that are
funded by federal grants. The department shall distribute all federal funds allocated
under this section in accordance with federal law. Notwithstanding section 17b,
the department shall make payments of federal funds to districts, intermediate
districts, and other eligible entities under this section on a schedule
determined by the department.
(2)
From the federal funds allocated under subsection (1), the following amounts
are allocated for 2019-2020:2020-2021:
(a) An
amount estimated at $14,000,000.00 for
handicapped infants and toddlers, funded from DED-OSERS, handicapped infants
and toddlers funds.
(b) An
amount estimated at $12,000,000.00 $14,000,000.00
for preschool grants (Public Law 94-142), funded from DED-OSERS,
handicapped preschool incentive funds.
(c) An
amount estimated at $35,000,000.00 $43,000,000.00
for special education programs funded by DED-OSERS, handicapped program,
individuals with disabilities act funds.
(3) As
used in this section, “DED-OSERS” means the United States Department of
Education Office of Special Education and Rehabilitative Services.
Sec. 51f. (1) From the
funds appropriated under section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $60,207,000.00 for payments to
districts and intermediate districts to increase the level of reimbursement of
costs associated with providing special education services required under state
and federal law.
(2) A
district’s or intermediate district’s allocation under this section is equal to
the level percentage multiplied by each district’s or intermediate district’s
costs reported to the center on the special education actual cost report, known
as “SE-4096” as referred to under section 18(6), as approved by the department.
(3)
The total reimbursement under this section and under section 51c must not
exceed the total reported costs for a district or intermediate district.
(4)
For 2019-2020, 2020-2021, the
level percentage is estimated at 2.0%.
(5)
For the purposes of this section, “level percentage” means the percentage
calculated by dividing the allocation in subsection (1) by the total of costs
reported to the center on the special education actual cost report, known as “SE-4096”
as referred to under section 18(6), as approved by the department.
Sec. 53a. (1) For
districts, reimbursement for pupils described in subsection (2) is 100% of the
total approved costs of operating special education programs and services
approved by the department and included in the intermediate district plan
adopted pursuant to under article
3 of the revised school code, MCL 380.1701 to 380.1761, minus the district’s
foundation allowance calculated under section 20. For intermediate districts,
the department shall calculate reimbursement for pupils described in subsection
(2) in the same manner as for a district, using the foundation allowance under section
20 of the pupil’s district of residence, not to exceed the target foundation
allowance under section 20 for the current fiscal year.
(2)
Reimbursement under subsection (1) is for the following special education
pupils:
(a)
Pupils assigned to a district or intermediate district through the community
placement program of the courts or a state agency, if the pupil was a resident
of another intermediate district at the time the pupil came under the
jurisdiction of the court or a state agency.
(b) Pupils
who are residents of institutions operated by the department of health and
human services.
(c)
Pupils who are former residents of department of community health institutions
for the developmentally disabled who are placed in community settings other
than the pupil’s home.
(d)
Pupils enrolled in a department-approved on-grounds educational program longer
than 180 days, but not longer than 233 days, at a residential child care
institution, if the child care institution offered in 1991‑92 an
on-grounds educational program longer than 180 days but not longer than 233
days.
(e)
Pupils placed in a district by a parent for the purpose of seeking a suitable
home, if the parent does not reside in the same intermediate district as the
district in which the pupil is placed.
(3)
Only those costs that are clearly and directly attributable to educational
programs for pupils described in subsection (2), and that would not have been
incurred if the pupils were not being educated in a district or intermediate
district, are reimbursable under this section.
(4)
The costs of transportation are funded under this section and are not reimbursed
under section 58.
(5)
The department shall not allocate more than $10,500,000.00 of the allocation
for 2019-2020 2020‑2021 in
section 51a(1) under this section.
Sec. 54. Each
intermediate district receives an amount per-pupil for each pupil in attendance
at the Michigan schools for the deaf and blind. Schools for the Deaf and Blind. The amount is proportionate to the
total instructional cost at each school. The department shall not allocate more
than $1,688,000.00 of
the allocation for 2019-2020 2020-2021
in section 51a(1) under this section.
Sec. 54b. (1) From the
general fund appropriation money
appropriated in section 11, there is allocated an amount not to exceed $1,600,000.00 for 2019-2020 2020-2021 to continue the
implementation of the recommendations of the special education reform task
force published in January 2016.
(2)
The department shall use funds allocated under this section for the purpose of
piloting statewide implementation of the Michigan Integrated Behavior and
Learning Support Initiative (MiBLSI), a nationally recognized program that
includes positive behavioral intervention and supports and provides a statewide
structure to support local initiatives for an integrated behavior and reading
program. With the assistance of the intermediate districts involved in MiBLSI,
the department shall identify a number of intermediate districts to participate
in the pilot that is sufficient to ensure that MiBLSI can be implemented
statewide with fidelity and sustainability. In addition, the department shall
identify an intermediate district to act as a fiscal agent for these funds.
Sec. 54d. (1) From the
appropriations in section 11, there is allocated an amount not to exceed $7,150,000.00 for 2019-2020 2020-2021 to intermediate districts for
the purpose of providing state early on services pilot programs for
children from birth to 3 years of age with a developmental delay or a
disability, or both, and their families, as described in the early on Michigan
state plan, as approved by the department.
(2) To
be eligible to receive grant funding under this section, each intermediate
district shall must apply in
a form and manner determined by the department.
(3)
The grant funding allocated under this section must be used to increase early
on services and resources available to children that demonstrate developmental
delays to help prepare them for success as they enter school. State early on
services include evaluating and providing early intervention services for
eligible infants and toddlers and their families to address developmental
delays, including those affecting physical, cognitive, communication, adaptive,
social, or emotional development. Grant funds must not be used to supplant
existing services that are currently being provided.
(4)
The department shall distribute the funds allocated under subsection (1) to
intermediate districts according to the department’s early on funding formula
utilized to distribute the federal award to Michigan under part C of the
individuals with disabilities education act. Funds received under this section
must not supplant existing funds or resources allocated for early on early intervention
services. An intermediate district receiving funds under this section shall
maximize the capture of Medicaid funds to support early on early intervention
services to the extent possible.
(5)
Each intermediate district that receives funds under this section shall report
data and other information to the department in a form, manner, and frequency
prescribed by the department to allow for monitoring and evaluation of the pilot
projects program and to ensure
that the children described in subsection (1) received appropriate levels and
types of services delivered by qualified personnel, based on the individual
needs of the children and their families.
(6)
Notwithstanding section 17b, the department shall make payments under this
section on a schedule determined by the department.
Sec. 55. (1) From the
general fund money appropriated in section 11, there is allocated an amount not
to exceed $250,000.00 for 2018-2019 2020-2021
to the Conductive Learning Center located at Aquinas College. This funding
must be used to support the operational costs of the conductive education model
taught at the Conductive Learning Center to maximize the independence and
mobility of children and adults with neuromotor disabilities. The conductive
education model funded under this section must be based on the concept of
neuroplasticity and the ability of people to learn and improve when they are
motivated, regardless of the severity of their disability.
(2)
Notwithstanding section 17b, the department shall distribute the funding
allocated under this section to the Conductive Learning Center not later than
December 1, 2018.2020.
Sec. 56. (1) For the
purposes of this section:
(a) “Membership”
means for a particular fiscal year the total membership for the immediately
preceding fiscal year of the intermediate district and the districts
constituent to the intermediate district.
(b) “Millage
levied” means the millage levied for special education pursuant to under part 30 of the revised school
code, MCL 380.1711 to 380.1741, including a levy for debt service obligations.
(c) “Taxable
value” means the total taxable value of the districts constituent to an
intermediate district, except that if a district has elected not to come under
part 30 of the revised school code, MCL 380.1711 to 380.1741, membership and
taxable value of the district are not included in the membership and taxable
value of the intermediate district.
(2) From
the allocation under section 51a(1), there is allocated $40,008,100.00 for 2018-2019 2019-2020 and an amount not to exceed $40,008,100.00
for 2019-2020 2020-2021 to reimburse intermediate districts levying millages for
special education pursuant to under
part 30 of the revised school code, MCL 380.1711 to 380.1741. The purpose,
use, and expenditure of the reimbursement are limited as if the funds were generated
by these millages and governed by the intermediate district plan adopted pursuant
to under article 3 of the
revised school code, MCL 380.1701 to 380.1761. As a condition of receiving
funds under this section, an intermediate district distributing any portion of
special education millage funds to its constituent districts shall must submit for departmental approval
and implement a distribution plan.
(3)
Except as otherwise provided in this subsection, reimbursement for those
millages levied in 2017-2018 2018-2019
is made in 2018-2019 2019-2020
at an amount per 2017-2018 2018-2019
membership pupil computed by subtracting from $193,900.00 $201,700.00 the 2017-2018 2018-2019 taxable value behind each
membership pupil and multiplying the resulting difference by the 2017-2018 2018-2019 millage levied, and then
subtracting from that amount the 2017-2018 2018-2019 local community stabilization share revenue for special
education purposes behind each membership pupil for reimbursement of personal
property exemption loss under the local community stabilization authority act,
2014 PA 86, MCL 123.1341 to 123.1362. Reimbursement in 2018-2019 2019-2020 for an intermediate district
whose 2017-2018 allocation was affected by the operation of subsection (5) is
an amount equal to 102.5% of the 2017-2018 allocation to that intermediate
district.
(4)
Except as otherwise provided in this subsection, reimbursement for those
millages levied in 2018-2019 2019-2020
is made in 2019-2020 2020-2021
at an amount per 2018-2019 2019-2020
membership pupil computed by subtracting from $201,800.00 $209,000.00 the 2018-2019 2019-2020 taxable value behind each
membership pupil and multiplying the resulting difference by the 2018-2019 2019-2020 millage levied, and then
subtracting from that amount the 2018-2019 2019-2020 local community stabilization share revenue for special
education purposes behind each membership pupil for reimbursement of personal
property exemption loss under the local community stabilization authority act,
2014 PA 86, MCL 123.1341 to 123.1362. Reimbursement in 2019-2020 2020-2021 for an intermediate district
whose 2017-2018 allocation was affected by the operation of subsection (5) is
an amount equal to 102.5% of the 2017-2018 allocation to that intermediate
district.
(5)
The department shall ensure that the amount paid to a single intermediate
district under this section does not exceed 62.9% of the total amount allocated
under subsection (2).
(6)
The department shall ensure that the amount paid to a single intermediate
district under this section is not less than 75% of the amount allocated to the
intermediate district under this section for the immediately preceding fiscal
year.
Sec. 61a. (1) From the
state school aid fund money appropriated in section 11, there is allocated an
amount not to exceed $27,893,500.00 $37,611,300.00
for 2019-2020, 2020-2021 and
from the talent investment fund money appropriated in section 11, there is
allocated an amount not to exceed $9,717,800.00 for 2019-2020, to reimburse
on an added cost basis districts, except for a district that served as the
fiscal agent for a vocational education consortium in the 1993-94 school year
and that has a foundation allowance as calculated under section 20 greater than
the minimum foundation allowance under that section, and secondary area
vocational-technical education centers for secondary-level career and technical
education programs according to rules approved by the superintendent.
Applications for participation in the programs must be submitted in the form
prescribed by the department. The department shall determine the added cost for
each career and technical education program area. The department shall
prioritize the allocation of added cost funds based on the capital and program
expenditures needed to operate the career and technical education programs
provided; the number of pupils enrolled; the advancement of pupils through the
instructional program; the existence of an articulation agreement with at least
1 postsecondary institution that provides pupils with opportunities to earn
postsecondary credit during the pupil’s participation in the career and
technical education program and transfers those credits to the postsecondary
institution upon completion of the career and technical education program; and
the program rank in student placement, job openings, and wages, and shall
ensure that the allocation does not exceed 75% of the added cost of any
program. Notwithstanding any rule or department determination to the contrary,
when determining a district’s allocation or the formula for making allocations
under this section, the department shall include the participation of pupils in
grade 9 in all of those determinations and in all portions of the formula. With
the approval of the department, the board of a district maintaining a secondary
career and technical education program may offer the program for the period
from the close of the school year until September 1. The program shall use
existing facilities and must be operated as prescribed by rules promulgated by
the superintendent.
(2)
Except for a district that served as the fiscal agent for a vocational
education consortium in the 1993‑94 school year, the department shall
reimburse districts and intermediate districts for local career and technical
education administration, shared time career and technical education
administration, and career education planning district career and technical
education administration. The superintendent shall adopt guidelines for the
definition of what constitutes administration and shall make reimbursement
pursuant to those guidelines. The department shall not distribute more than
$800,000.00 of the allocation in subsection (1) under this subsection.
(3) A
career and technical education program funded under this section may provide an
opportunity for participants who are eligible to be funded under section 107 to
enroll in the career and technical education program funded under this section
if the participation does not occur during regular school hours.
Sec. 61b. (1) From the
funds appropriated under section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $8,000,000.00 from the state school
aid fund appropriation for CTE early/middle college and CTE dual enrollment
programs authorized under this section and for planning grants for the
development or expansion of CTE early/middle college programs. The purpose of
these programs is to increase the number of Michigan residents with
high-quality degrees or credentials, and to increase the number of students who
are college and career ready upon high school graduation.
(2)
From the funds allocated under subsection (1), the department shall allocate an
amount as determined under this subsection to each intermediate district
serving as a fiscal agent for state-approved CTE early/middle college and CTE
dual enrollment programs in each of the prosperity regions and subregions career education planning districts identified
by the department. An intermediate district shall not use more than 5% of the
funds allocated under this subsection for administrative costs for serving as
the fiscal agent.
(3) To
be an eligible fiscal agent, an intermediate district must agree to do all of
the following in a form and manner determined by the department:
(a)
Distribute funds to eligible CTE early/middle college and CTE dual enrollment
programs in a prosperity region or subregion career education planning district as described in this section.
(b)
Collaborate with the career and educational advisory council that is located
in the prosperity region or subregion in
the workforce development board service delivery area to develop a 1 regional strategic plan under
subsection (4) that aligns CTE programs and services into an efficient and
effective delivery system for high school students. The department will align career education planning districts,
workforce development board service delivery areas, and intermediate districts
for the purpose of creating 1 regional strategic plan for each workforce
development board service delivery area.
(c)
Implement a regional process to rank career clusters in the prosperity
region or subregion workforce
development board service delivery area as described under subsection (4).
Regional processes must be approved by the department before the ranking of
career clusters.
(d)
Report CTE early/middle college and CTE dual enrollment program and student
data and information as prescribed by the department and the center.
(4) A
regional strategic plan must be approved by the
career and educational advisory council before submission to the
department. A regional strategic plan must
include, but is not limited to, the following:
(a) An
identification of regional employer need based on a ranking of all career
clusters in the prosperity region or subregion workforce development board service delivery area ranked by 10-year
job openings projections and median wage for each standard occupational code in
each career cluster as obtained from the United States Bureau of Labor
Statistics. Standard occupational codes within high-ranking clusters also may
be further ranked by median wage. The career and educational advisory council
located in the prosperity region or subregion workforce development board service delivery area shall review the
rankings and modify them if necessary to accurately reflect employer demand for
talent in the prosperity region or subregion. workforce development board service delivery area. A career and
educational advisory council shall document that it has conducted this review
and certify that it is accurate. These career cluster rankings must be
determined and updated once every 4 years.
(b) An
identification of educational entities in the prosperity region or subregion
workforce development board service
delivery area that will provide eligible CTE early/middle college and CTE
dual enrollment programs including districts, intermediate districts,
postsecondary institutions, and noncredit occupational training programs
leading to an industry-recognized credential.
(c) A
strategy to inform parents and students of CTE early/middle college and CTE
dual enrollment programs in the prosperity region or subregion.workforce development board service
delivery area.
(d)
Any other requirements as defined by the department.
(5) An
eligible CTE program is a program that meets all of the following:
(a)
Has been identified in the highest 5 career cluster rankings in any of the 10
regional 16 workforce development
board service delivery area strategic plans jointly approved by the Michigan
talent investment agency in the department of labor and economic
opportunity and the department.
(b)
Has a coherent sequence of courses that will allow a student to earn a high
school diploma and achieve at least 1 of the following in a specific career
cluster:
(i) An associate degree.
(ii) An industry-recognized technical
certification approved by the Michigan talent investment agency in the
department of labor and economic opportunity.
(iii) Up to 60 transferable college
credits.
(iv) Participation in a registered apprenticeship,
pre-apprenticeship, or apprentice readiness program.
(c) Is
aligned with the Michigan merit curriculum.
(d)
Has an articulation agreement with at least 1 postsecondary institution that
provides students with opportunities to receive postsecondary credits during
the student’s participation in the CTE early/middle college or CTE dual
enrollment program and transfers those credits to the postsecondary institution
upon completion of the CTE early/middle college or CTE dual enrollment program.
(e)
Provides instruction that is supervised, directed, or coordinated by an
appropriately certificated CTE teacher or, for concurrent enrollment courses, a
postsecondary faculty member.
(f)
Provides for highly integrated student support services that include at least
the following:
(i) Teachers as academic advisors.
(ii) Supervised course selection.
(iii) Monitoring of student progress and
completion.
(iv) Career planning services provided by
a local one-stop service center as described in the Michigan Works! works one-stop service center system
act, 2006 PA 491, MCL 408.111 to 408.135, or by a high school counselor or
advisor.
(g)
Has courses that are taught on a college campus, are college courses offered at
the high school and taught by college faculty, or are courses taught in
combination with online instruction.
(6)
The department shall distribute funds to eligible CTE early/middle college and
CTE dual enrollment programs as follows:
(a)
The department shall determine statewide average CTE costs per pupil for each
CIP code program by calculating statewide average costs for each CIP code
program for the 3 most recent fiscal years.
(b)
The distribution to each eligible CTE early/middle college or CTE dual
enrollment program is the product of 50% of CTE costs per pupil times the current
year pupil enrollment of each eligible CTE early/middle college or CTE dual
enrollment program in the immediately
preceding school year.
(7) In
order to receive funds under this section, a CTE early/middle college or CTE
dual enrollment program shall furnish to the intermediate district that is the
fiscal agent identified in subsection (2), in a form and manner determined by
the department, all information needed to administer this program and meet
federal reporting requirements; shall allow the department or the department’s
designee to review all records related to the program for which it receives
funds; and shall reimburse the state for all disallowances found in the review,
as determined by the department.
(8)
There is allocated for 2019-2020 2020-2021
from the funds under subsection (1) an amount not to exceed $500,000.00 from the state school
aid fund allocation for grants to intermediate districts or consortia of
intermediate districts for the purpose of planning for new or expanded
early/middle college programs. Applications for grants must be submitted in a
form and manner determined by the department. The amount of a grant under this
subsection must not exceed $150,000.00. $50,000.00. To be eligible for a grant under this subsection, an
intermediate district or consortia of intermediate districts must provide
matching funds equal to the grant received under this subsection.
Notwithstanding section 17b, the department shall make payments under this
subsection in the manner determined by the department.
(9)
Funds distributed under this section may be used to fund program expenditures
that would otherwise be paid from foundation allowances. A program receiving
funding under section 61a may receive funding under this section for allowable
costs that exceed the reimbursement the program received under section 61a. The
combined payments received by a program under section 61a and this section must
not exceed the total allowable costs of the program. A program provider shall
not use more than 5% of the funds allocated under this section to the program
for administrative costs.
(10)
If the allocation under subsection (1) is insufficient to fully fund payments
as otherwise calculated under this section, the department shall prorate
payments under this section on an equal percentage basis.
(11)
If pupils enrolled in a career cluster in an eligible CTE early/middle college
or CTE dual enrollment program qualify to be reimbursed under this section,
those pupils continue to qualify for reimbursement until graduation, even if
the career cluster is no longer identified as being in the highest 5 career
cluster rankings.
(12)
As used in this section:
(a) “Allowable
costs” means those costs directly attributable to the program as jointly
determined by the Michigan talent investment agency department of labor and economic opportunity and the department.
(b) “Career
and educational advisory council” means an advisory council to the local
workforce development boards located in a prosperity region workforce development board service
delivery area consisting of educational, employer, labor, and parent representatives.
(c) “CIP”
means classification of instructional programs.
(d) “CTE”
means career and technical education programs.
(e) “CTE
dual enrollment program” means a 4-year high school program of postsecondary
courses offered by eligible postsecondary educational institutions that leads
to an industry-recognized certification or degree.
(f) “Early/middle
college program” means a 5-year high school program.
(g) “Eligible
postsecondary educational institution” means that term as defined in section 3
of the career and technical preparation act, 2000 PA 258, MCL 388.1903.
(13) The funds allocated under
subsection (8) for 2019-2020 are a work project appropriation, and any
unexpended funds for 2019-2020 are carried forward into 2020-2021. The purpose
of the work project is to continue providing CTE opportunities described in
subsection (8). The estimated completion date of the work project is September
30, 2021.
Sec. 61d. (1) From the
appropriation in section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed
$5,000,000.00 from the state school aid fund for additional payments to
districts for career and technical education programs for the purpose of
increasing the number of Michigan residents with high-quality degrees or
credentials, and to increase the number of pupils who are college- and
career-ready upon high school graduation.
(2)
The department shall calculate payments to districts under this section in the
following manner:
(a) A
payment of $50.00 $35.00 multiplied
by the number of pupils in grades 9 to 12 who are counted in membership in the
district and are enrolled in at least 1 career and technical education program.
(b) An
additional payment of $50.00 $35.00
multiplied by the number of pupils in grades 9 to 12 who are counted in membership
in the district and are enrolled in at least 1 career and technical education
program that provides instruction in critical skills and high-demand career
fields.
(3) If
the allocation under subsection (1) is insufficient to fully fund payments under
subsection (2), the department shall prorate payments under this section on an
equal per-pupil basis.
(4) As
used in this section:
(a) “Career
and technical education program” means a state-approved career and technical
education program, as determined by the department.
(b) “Career
and technical education program that provides instruction in critical skills
and high-demand career field” means a career and technical education program
classified under any of the following 2-digit classification of instructional
programs (CIP) codes:
(i) 01, which refers to “agriculture,
agriculture operations, and related sciences”.
(ii) 03, which refers to “natural
resources and conservation”.
(iii) 10 through 11, which refers to “communications
technologies/technicians and support services” and “computer and information
sciences and support services”.
(iv) 14 through 15, which refers to “engineering”
and “engineering technologies and engineering-related fields”.
(v) 26, which refers to “biological and
biomedical sciences”.
(vi) 46 through 48, which refers to “construction
trades”, “mechanic and repair technologies/technicians”, and “precision
production”.
(vii) 51, which refers to “health
professions and related programs”.
Sec. 62. (1) For the
purposes of this section:
(a) “Membership”
means for a particular fiscal year the total membership for the immediately
preceding fiscal year of the intermediate district and the districts
constituent to the intermediate district or the total membership for the
immediately preceding fiscal year of the area vocational-technical program.
(b) “Millage
levied” means the millage levied for area vocational-technical education pursuant
to under sections 681 to 690 of
the revised school code, MCL 380.681 to 380.690, including a levy for debt service
obligations incurred as the result of borrowing for capital outlay projects and
in meeting capital projects fund requirements of area vocational-technical
education.
(c) “Taxable
value” means the total taxable value of the districts constituent to an
intermediate district or area vocational-technical education program, except
that if a district has elected not to come under sections 681 to 690 of the
revised school code, MCL 380.681 to 380.690, the membership and taxable value
of that district are not included in the membership and taxable value of the
intermediate district. However, the membership and taxable value of a district
that has elected not to come under sections 681 to 690 of the revised school
code, MCL 380.681 to 380.690, are included in the membership and taxable value
of the intermediate district if the district meets both of the following:
(i) The district operates the area
vocational-technical education program pursuant to a contract with the
intermediate district.
(ii) The district contributes an annual
amount to the operation of the program that is commensurate with the revenue
that would have been raised for operation of the program if millage were levied
in the district for the program under sections 681 to 690 of the revised school
code, MCL 380.681 to 380.690.
(2)
From the appropriation in section 11, there is allocated an amount not to
exceed $9,190,000.00 each
fiscal year for 2018-2019 and for 2019-2020 and for 2020-2021 to reimburse intermediate districts and area
vocational-technical education programs established under section 690(3) of the
revised school code, MCL 380.690, levying millages for area
vocational-technical education pursuant to under sections 681 to 690 of the revised school code, MCL 380.681
to 380.690. The purpose, use, and expenditure of the reimbursement are limited
as if the funds were generated by those millages.
(3)
Reimbursement for those millages levied in 2017-2018 2018-2019 is made in 2018-2019 2019-2020 at an amount per 2017-2018
2018-2019 membership pupil
computed by subtracting from $205,700.00 $210,800.00 the 2017-2018 2018-2019 taxable value behind each membership pupil and
multiplying the resulting difference by the 2017-2018 2018-2019 millage levied, and then
subtracting from that amount the 2017-2018 2018-2019 local community stabilization share revenue for area
vocational technical education behind each membership pupil for reimbursement
of personal property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(4)
Reimbursement for those millages levied in 2018-2019 2019-2020 is made in 2019-2020 2020-2021 at an amount per 2018-2019
2019-2020 membership pupil
computed by subtracting from $211,000.00 $218,800.00 the 2018-2019 2019-2020 taxable value behind each membership pupil and
multiplying the resulting difference by the 2018-2019 2019-2020 millage levied, and then
subtracting from that amount the 2018-2019 2019-2020 local community stabilization share revenue for area
vocational technical education behind each membership pupil for reimbursement
of personal property exemption loss under the local community stabilization
authority act, 2014 PA 86, MCL 123.1341 to 123.1362.
(5)
The department shall ensure that the amount paid to a single intermediate
district under this section does not exceed 38.4% of the total amount allocated
under subsection (2).
(6)
The department shall ensure that the amount paid to a single intermediate
district under this section is not less than 75% of the amount allocated to the
intermediate district under this section for the immediately preceding fiscal
year.
Sec. 65. (1) From the
appropriation under section 11, there is allocated an amount not to exceed $400,000.00 for 2019-2020 2020-2021 for a pre-college engineering
K-12 educational program that is focused on the development of a diverse future
Michigan workforce, that serves multiple communities within southeast Michigan,
that enrolls pupils from multiple districts, and that received funds
appropriated for this purpose in the appropriations act that provided the
Michigan strategic fund budget for 2014-2015.
(2) To
be eligible for funding under this section, a program must have the ability to
expose pupils to, and motivate and prepare pupils for, science, technology,
engineering, and mathematics careers and postsecondary education with special
attention given to groups of pupils who are at-risk and underrepresented in
technical professions and careers.
Sec. 67. (1) From the
general fund amount money appropriated
in section 11, there is allocated an amount not to exceed $3,000,000.00 for 2019-2020 2020-2021 for college access programs.
The programs funded under this section are intended to inform students of
college and career options and to provide resources intended to increase the
number of pupils who are adequately prepared with the information needed to
make informed decisions on college and career. The funds appropriated under
this section are intended to be used to increase the number of Michigan
residents with high-quality degrees or credentials. Funds appropriated under
this section must not be used to supplant funding for counselors already funded
by districts.
(2)
The talent investment agency of the department of labor and economic
opportunity shall administer funds allocated under this section in
collaboration with the Michigan college access network. These funds may be used
for any of the following purposes:
(a)
Michigan college access network operations, programming, and services to local
college access networks.
(b)
Local college access networks, which are community-based college access/success
partnerships committed to increasing the college participation and completion
rates within geographically defined communities through a coordinated strategy.
(c)
The Michigan college advising program, a program intended to place trained,
recently graduated college advisors in high schools that serve significant
numbers of low-income and first-generation college-going pupils. State funds
used for this purpose may not exceed 33% of the total funds available under
this subsection.
(d)
Subgrants of up to $5,000.00 to districts with comprehensive high schools that
establish a college access team and implement specific strategies to create a
college-going culture in a high school in a form and manner approved by the
Michigan college access network and the Michigan talent investment agency.department of labor and economic
opportunity.
(e)
The Michigan college access portal, an online one-stop portal to help pupils
and families plan and apply for college.
(f)
Public awareness and outreach campaigns to encourage low-income and
first-generation college-going pupils to take necessary steps toward college
and to assist pupils and families in completing a timely and accurate free
application for federal student aid.
(g)
Subgrants to postsecondary institutions to recruit, hire, and train college
student mentors and college advisors to assist high school pupils in navigating
the postsecondary planning and enrollment process.
(3)
For the purposes of this section, “college” means any postsecondary educational
opportunity that leads to a career, including, but not limited to, a
postsecondary degree, industry-recognized technical certification, or
registered apprenticeship.
Sec. 67a. (1) From the general fund
money appropriated under section 11, there is allocated an amount not to exceed
$50,000.00 for 2020-2021 for a grant to be distributed by the department to an
organization to provide industrial and technological education and workforce
preparation for students and professional development opportunities and support
for teachers.
(2) Notwithstanding section 17b, the department shall make grant
payments under this section on a schedule determined by the department.
Sec. 74. (1) From the
amount appropriated in section 11, there is allocated an amount not to exceed $3,772,900.00
$3,814,500.00 for 2019-2020 2020-2021 for the purposes of this
section.
(2)
From the allocation in subsection (1), there is allocated for each fiscal
year 2020-2021 the amount
necessary for payments to state supported colleges or universities and
intermediate districts providing school bus driver safety instruction under
section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The
department shall make payments in an amount determined by the department not to
exceed the actual cost of instruction and driver compensation for each public
or nonpublic school bus driver attending a course of instruction. For the
purpose of computing compensation, the hourly rate allowed each school bus
driver must not exceed the hourly rate received for driving a school bus. The
department shall make reimbursement compensating the driver during the course
of instruction to the college or university or intermediate district providing
the course of instruction.
(3)
From the allocation in subsection (1), there is allocated for 2019-2020 2020-2021 the amount necessary to pay
the reasonable costs of nonspecial education auxiliary services transportation
provided under section 1323 of the revised school code, MCL 380.1323.
Districts funded under this subsection do not receive funding under any other
section of this article for nonspecial education auxiliary services
transportation.
(4)
From the funds allocated in subsection (1), there is allocated an amount not to
exceed $1,747,900.00 $1,789,500.00
for 2019-2020 2020-2021 for
reimbursement to districts and intermediate districts for costs associated with
the inspection of school buses and pupil transportation vehicles by the
department of state police as required under section 715a of the Michigan
vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil
transportation act, 1990 PA 187, MCL 257.1839. The department of state police
shall prepare a statement of costs attributable to each district for which bus
inspections are provided and submit it to the department and to an intermediate
district serving as fiduciary in a time and manner determined jointly by the
department and the department of state police. Upon review and approval of the
statement of cost, the department shall forward to the designated intermediate
district serving as fiduciary the amount of the reimbursement on behalf of each
district and intermediate district for costs detailed on the statement within
45 days after receipt of the statement. The designated intermediate district
shall make payment in the amount specified on the statement to the department
of state police within 45 days after receipt of the statement. The total
reimbursement of costs under this subsection must not exceed the amount
allocated under this subsection. Notwithstanding section 17b, the department
shall make payments to eligible entities under this subsection on a schedule
prescribed by the department.
Sec. 81. (1) From the
appropriation in section 11, there is allocated for 2019-2020 2020-2021 to the intermediate districts
the sum necessary, but not to exceed $69,138,000.00, to provide state aid
to intermediate districts under this section.
(2)
The amount allocated under this section to each intermediate district is an
amount equal to 101% 100% of
the amount allocated to the intermediate district under this section for 2018-2019.
2019-2020. An intermediate
district shall use funding provided under this section to comply with
requirements of this article and the revised school code that are applicable to
intermediate districts, and for which funding is not provided elsewhere in this
article, and to provide technical assistance to districts as authorized by the
intermediate school board.
(3) Intermediate
districts receiving funds under this section shall collaborate with the
department to develop expanded professional development opportunities for
teachers to update and expand their knowledge and skills needed to support the
Michigan merit curriculum.
(4)
From the allocation in subsection (1), there is allocated to an intermediate
district, formed by the consolidation or annexation of 2 or more intermediate
districts or the attachment of a total intermediate district to another
intermediate school district or the annexation of all of the constituent
K-12 districts of a previously existing intermediate school district
which has disorganized, an additional allotment of $3,500.00 each fiscal year
for each intermediate district included in the new intermediate district for 3
years following consolidation, annexation, or attachment.
(5) In
order to receive funding under this section, an intermediate district shall do
all of the following:
(a)
Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in pupil accounting and
auditing procedures, rules, and regulations.
(b)
Demonstrate to the satisfaction of the department that the intermediate
district employs at least 1 person who is trained in rules, regulations, and
district reporting procedures for the individual-level student data that serves
as the basis for the calculation of the district and high school graduation and
dropout rates.
(c)
Comply with sections 1278a and 1278b of the revised school code, MCL 380.1278a
and 380.1278b.
(d)
Furnish data and other information required by state and federal law to the
center and the department in the form and manner specified by the center or the
department, as applicable.
(e)
Comply with section 1230g of the revised school code, MCL 380.1230g.
Sec. 94. (1) From the
general fund appropriation money
appropriated in section 11, there is allocated to the department for 2019-2020
2020-2021 an amount not to
exceed $1,000,000.00 $1,200,000.00 for efforts to increase
the number of pupils who participate and succeed in advanced placement and
international baccalaureate programs, and to support the college-level
examination program (CLEP).
(2)
From the funds allocated under this section, the department shall award funds
to cover all or part of the costs of advanced placement test fees or
international baccalaureate test fees and international baccalaureate
registration fees for low-income pupils who take an advanced placement or an
international baccalaureate test and CLEP fees for low-income pupils who take a
CLEP test.
(3)
The department shall only award funds under this section if the department
determines that all of the following criteria are met:
(a)
Each pupil for whom payment is made meets eligibility requirements of the
federal advanced placement test fee program under section 1701 of the no child
left behind act of 2001, Public Law 107-110, or under a corresponding provision
of the every student succeeds act, Public Law 114-95.
(b)
The tests are administered by the college board, the international
baccalaureate organization, or another test provider approved by the
department.
(c)
The pupil for whom payment is made pays at least $5.00 toward the cost of each
test for which payment is made.
(4)
The department shall establish procedures for awarding funds under this
section.
(5)
Notwithstanding section 17b, the department shall make payments under this
section on a schedule determined by the department.
Sec. 94a. (1) There is
created within the state budget office in the department of technology,
management, and budget the center for educational performance and information.
The center shall do all of the following:
(a)
Coordinate the collection of all data required by state and federal law from
districts, intermediate districts, and postsecondary institutions.
(b)
Create, maintain, and enhance this state’s P-20 longitudinal data system and
ensure that it meets the requirements of subsection (4).
(c)
Collect data in the most efficient manner possible in order to reduce the
administrative burden on reporting entities, including, but not limited to,
electronic transcript services.
(d)
Create, maintain, and enhance this state’s web-based educational portal to
provide information to school leaders, teachers, researchers, and the public in
compliance with all federal and state privacy laws. Data must include, but are
not limited to, all of the following:
(i) Data sets that link teachers to
student information, allowing districts to assess individual teacher impact on
student performance and consider student growth factors in teacher and
principal evaluation systems.
(ii) Data access or, if practical, data
sets, provided for regional data hubs that, in combination with local data, can
improve teaching and learning in the classroom.
(iii) Research-ready data sets for
researchers to perform research that advances this state’s educational
performance.
(e)
Provide data in a useful manner to allow state and local policymakers to make
informed policy decisions.
(f) Provide public
reports to the residents of this state to allow them to assess allocation of
resources and the return on their investment in the education system of this
state.
(g) Other functions as
assigned by the state budget director.
(2) Each state department,
officer, or agency that collects information from districts, intermediate
districts, or postsecondary institutions as required under state or federal law
shall make arrangements with the center to ensure that the state department,
officer, or agency is in compliance with subsection (1). This subsection does
not apply to information collected by the department of treasury under the
uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the
revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school
bond qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939;
or section 1351a of the revised school code, MCL 380.1351a.
(3) The center may enter
into any interlocal agreements necessary to fulfill its functions.
(4) The center shall
ensure that the P-20 longitudinal data system required under subsection (1)(b)
meets all of the following:
(a) Includes data at the
individual student level from preschool through postsecondary education and
into the workforce.
(b) Supports
interoperability by using standard data structures, data formats, and data
definitions to ensure linkage and connectivity in a manner that facilitates the
exchange of data among agencies and institutions within the state and between
states.
(c) Enables the matching
of individual teacher and student records so that an individual student may be
matched with those teachers providing instruction to that student.
(d) Enables the matching
of individual teachers with information about their certification and the
institutions that prepared and recommended those teachers for state
certification.
(e) Enables data to be
easily generated for continuous improvement and decision-making, including
timely reporting to parents, teachers, and school leaders on student
achievement.
(f) Ensures the
reasonable quality, validity, and reliability of data contained in the system.
(g) Provides this state
with the ability to meet federal and state reporting requirements.
(h) For data elements
related to preschool through grade 12 and postsecondary, meets all of the
following:
(i) Contains a unique statewide student identifier that does not
permit a student to be individually identified by users of the system, except
as allowed by federal and state law.
(ii) Contains student-level enrollment, demographic, and program
participation information.
(iii) Contains student-level information about the points at which
students exit, transfer in, transfer out, drop out, or complete education
programs.
(iv) Has the capacity to communicate with higher education data
systems.
(i) For data elements
related to preschool through grade 12 only, meets all of the following:
(i) Contains yearly test records of individual students for
assessments approved by DED-OESE for accountability purposes under section
1111(b) of the elementary and secondary education act of 1965, 20 USC
6311, including information on individual students not tested, by grade and
subject.
(ii) Contains student-level transcript information, including
information on courses completed and grades earned.
(iii) Contains student-level college readiness test scores.
(j) For data elements
related to postsecondary education only:
(i) Contains data that provide information regarding the extent to
which individual students transition successfully from secondary school to
postsecondary education, including, but not limited to, all of the following:
(A) Enrollment in
remedial coursework.
(B) Completion of 1 year’s
worth of college credit applicable to a degree within 2 years of enrollment.
(ii) Contains data that provide other information determined
necessary to address alignment and adequate preparation for success in
postsecondary education.
(5) From the general
fund appropriation money
appropriated in section 11, there is allocated an amount not to exceed $16,045,800.00
$16,848,900.00 for 2019-2020 2020-2021 to the department of
technology, management, and budget to support the operations of the center. In
addition, from the federal funds appropriated in section 11, there is allocated
for 2019-2020 2020-2021 the
amount necessary, estimated at $193,500.00, to
support the operations of the center and to establish a P-20 longitudinal data
system necessary for state and federal reporting purposes. The center shall
cooperate with the department to ensure that this state is in compliance with
federal law and is maximizing opportunities for increased federal funding to
improve education in this state.
(6) From the funds
allocated in subsection (5), the center may use an amount determined by the
center for competitive grants for 2019-2020 2020-2021 to support collaborative efforts on the P-20 longitudinal
data system. All of the following apply to grants awarded under this
subsection:
(a) The center shall
award competitive grants to eligible intermediate districts or a consortium of
intermediate districts based on criteria established by the center.
(b) Activities funded
under the grant must support the P-20 longitudinal data system portal and may
include portal hosting, hardware and software acquisition, maintenance,
enhancements, user support and related materials, and professional learning
tools and activities aimed at improving the utility of the P-20 longitudinal
data system.
(c) An applicant that
received a grant under this subsection for the immediately preceding fiscal
year has priority for funding under this section. However, after 3 fiscal years
of continuous funding, an applicant is required to compete openly with new
applicants.
(7) Funds allocated
under this section that are not expended in the fiscal year in which they were
allocated may be carried forward to a subsequent fiscal year and are
appropriated for the purposes for which the funds were originally allocated.
(8) The center may bill
departments as necessary in order to fulfill reporting requirements of state
and federal law. The center may also enter into agreements to supply custom
data, analysis, and reporting to other principal executive departments, state
agencies, local units of government, and other individuals and organizations.
The center may receive and expend funds in addition to those authorized in
subsection (5) to cover the costs associated with salaries, benefits, supplies,
materials, and equipment necessary to provide such data, analysis, and
reporting services.
(9) As used in this
section:
(a) “DED-OESE” means the
United States Department of Education Office of Elementary and Secondary
Education.
(b) “State education
agency” means the department.
Sec. 94b. From the general fund money
appropriated in section 11, there is allocated an amount not to exceed $100.00
for 2020-2021 to the connecting information in education committee created in
this section. The connecting information in education committee is created for
2020-2021. Both of the following apply to the committee described in this
section:
(a) The committee shall provide recommendations
concerning, at a minimum, all of the following to the legislature and the
governor:
(i) How to lead the replication and
scaling of best practices in instruction, administration, and student support
to enable this state to be among the fastest improving states in the nation in
academic gains for all student groups.
(ii) How to close the educational
achievement gap based on income, race, geography, language, gender, and student
needs.
(iii) How to prepare every student for success
after high school.
(b) The committee shall work in consultation
with the department, the center, the executive branch, the legislature,
education stakeholders, and other nongovernmental organizations, to provide
recommendations based on research to school leaders and educators as they
implement best practices proven to improve student performance.
Sec.
95b. (1) From the general fund money
appropriated under section 11, there is allocated an amount not to exceed
$2,000,000.00 for the model value-added growth and projection analytics system.
The department shall continue the model value-added growth and projection analytics
system and incorporate that model into its reporting requirements under the
every student succeeds act, Public Law 114‑95. It is the intent of the
legislature to fund the model under this section for 2021-2022 only if at least
50% of districts that are not public school academies opt in to student-teacher
linkages provided by the model value-added growth and projection analytics
system and there is verification that the value-added reporting platform
continued hosting and delivery of historical reporting as determined based on
the report under subsection (5). The model described in this subsection must do
at least all of the following:
(a) Utilize existing
assessments and any future assessments that are suitable for measuring student
growth.
(b) Report student
growth measures at the district, school, teacher, and subgroup levels.
(c) Recognize the growth
of tested students, including those who may have missing assessment data.
(d) Include all
available prior standardized assessment data that meet inclusion criteria
across grades, subjects, and state and local assessments.
(e) Allow student growth
results to be disaggregated.
(f) Provide individual
student projections showing the probability of a student reaching specific
performance levels on future assessments. Given school closures and extended
cancellations related to COVID-19, the data under this subdivision may be used
to inform decisions about student placement or students that could benefit from
additional supports or interventions.
(g) Demonstrate any
prior success with this state’s assessments through the Michigan council of
educator effectiveness teacher evaluation pilot.
(h)
Demonstrate prior statewide implementation in at least 2 other states for at
least 10 years.
(i)
Have a native roster verification system built into the value-added reporting
platform that has been implemented statewide in at least 2 other states.
(j)
Have a “Help/Contact Us” “help/contact
us” ticketing system built into the value-added reporting platform.
(k)
Given school closures that have occurred pursuant to an executive order issued
by the governor, the value-added reporting platform must provide continued
hosting and delivery of reporting and offer the department additional supports
in the areas of research, analysis, web reporting, and training.
(l) The department and the platform
vendor shall provide statewide training for educators to understand the
reporting that details the impact to student learning and growth.
(2)
The department shall provide internet-based electronic student growth and
projection reporting based on the model under subsection (1) to educators at
the school, district, and state levels. The model must include role-based
permissions that allow educators to access information about the performance of
the students within their immediate responsibility in accordance with
applicable privacy laws.
(3)
The model under subsection (1) must not be a mandatory part of teacher
evaluation or educator pay-for-performance systems.
(4)
The model under subsection (1) must be a model that received funding under this
section in 2018‑2019.
(5) By
March 31, 2021, the department shall work with the center to provide a report
to the senate and house appropriations subcommittees on state school aid and
the senate and house fiscal agencies regarding the number of districts that are
not public school academies that opted in to student-teacher linkages in their
use of the model value-added growth and projection analytics system under this
section. The report under this subsection must also include verification that
the value-added reporting platform continued hosting and delivery of historical
reporting and specify any additional research and analysis offered to the
department.
Sec. 98. (1) From the
general fund money appropriated in section 11, there is allocated an amount not
to exceed $6,312,500.00 $7,500,000.00 for 2019-2020 2020-2021 for the purposes described in
this section. The Michigan Virtual University shall provide a report to the
legislature not later than November 1 of each year that includes its mission,
its plans, and proposed benchmarks it must meet, including a plan to achieve
the organizational priorities identified in this section, in order to receive
full funding for 2020-2021. 2021‑2022.
Not later than March 1 of each year, the Michigan Virtual University shall
provide an update to the house and senate appropriations subcommittees on
school aid to show the progress being made to meet the benchmarks identified.
(2)
The Michigan Virtual University shall operate the Michigan Virtual Learning
Research Institute. The Michigan Virtual Learning Research Institute shall do
all of the following:
(a)
Support and accelerate innovation in education through the following
activities:
(i) Test, evaluate, and recommend as
appropriate new technology-based instructional tools and resources.
(ii) Research, design, and recommend
virtual education delivery models for use by pupils and teachers that include
age-appropriate multimedia instructional content.
(iii) Research, develop, and recommend
annually to the department criteria by which cyber schools and virtual course providers
should be monitored and evaluated to ensure a quality education for their
pupils.
(iv) Based on pupil completion and
performance data reported to the department or the center from cyber schools
and other virtual course providers operating in this state, analyze the effectiveness
of virtual learning delivery models in preparing pupils to be college- and
career-ready and publish a report that highlights enrollment totals, completion
rates, and the overall impact on pupils. The Michigan Virtual Learning Research
Institute shall submit the report to the house and senate appropriations
subcommittees on state school aid, the state budget director, the house and
senate fiscal agencies, the department, districts, and intermediate districts
not later than March 31 of each year.
(v) Provide an extensive professional
development program to at least 30,000 educational personnel, including
teachers, school administrators, and school board members, that focuses on the
effective integration of virtual learning into curricula and instruction. The
Michigan Virtual Learning Research Institute is encouraged to work with the MiSTEM advisory council created under
section 99s to coordinate professional
development of teachers in applicable fields. In addition, the Michigan Virtual
Learning Research Institute and external stakeholders are encouraged to
coordinate with the department for professional development in this state. Not
later than December 1 of each year, the Michigan Virtual Learning Research
Institute shall submit a report to the house and senate appropriations
subcommittees on state school aid, the state budget director, the house and
senate fiscal agencies, and the department on the number of teachers, school
administrators, and school board members who have received professional development
services from the Michigan Virtual University. The report must also identify
barriers and other opportunities to encourage the adoption of virtual learning
in the public education system.
(vi) Identify and share best practices
for planning, implementing, and evaluating virtual and blended education
delivery models with intermediate districts, districts, and public school
academies to accelerate the adoption of innovative education delivery models
statewide.
(b)
Provide leadership for this state’s system of virtual learning education by
doing the following activities:
(i) Develop and report policy
recommendations to the governor and the legislature that accelerate the
expansion of effective virtual learning in this state’s schools.
(ii) Provide a clearinghouse for research
reports, academic studies, evaluations, and other information related to
virtual learning.
(iii) Promote and distribute the most
current instructional design standards and guidelines for virtual teaching.
(iv) In collaboration with the department
and interested colleges and universities in this state, support implementation
and improvements related to effective virtual learning instruction.
(v) Pursue public/private partnerships
that include districts to study and implement competency-based technology-rich
virtual learning models.
(vi) Create a statewide network of
school-based mentors serving as liaisons between pupils, virtual instructors,
parents, and school staff, as provided by the department or the center, and provide
mentors with research-based training and technical assistance designed to help
more pupils be successful virtual learners.
(vii) Convene focus groups and conduct
annual surveys of teachers, administrators, pupils, parents, and others to
identify barriers and opportunities related to virtual learning.
(viii) Produce an annual consumer
awareness report for schools and parents about effective virtual education
providers and education delivery models, performance data, cost structures, and
research trends.
(ix) Provide an internet-based platform
that educators can use to create student-centric learning tools and resources
for sharing in the state’s open educational resource repository and facilitate
a user network that assists educators in using the content creation platform
and state repository for open educational resources. As part of this
initiative, the Michigan Virtual University shall work collaboratively with
districts and intermediate districts to establish a plan to make available
virtual resources that align to Michigan’s K-12 curriculum standards for use by
students, educators, and parents.
(x) Create and maintain a public
statewide catalog of virtual learning courses being offered by all public
schools and community colleges in this state. The Michigan Virtual Learning
Research Institute shall identify and develop a list of nationally recognized
best practices for virtual learning and use this list to support reviews of
virtual course vendors, courses, and instructional practices. The Michigan
Virtual Learning Research Institute shall also provide a mechanism for
intermediate districts to use the identified best practices to review content
offered by constituent districts. The Michigan Virtual Learning Research
Institute shall review the virtual course offerings of the Michigan Virtual
University, and make the results from these reviews available to the public as
part of the statewide catalog. The Michigan Virtual Learning Research Institute
shall ensure that the statewide catalog is made available to the public on the
Michigan Virtual University website and shall allow the ability to link it to
each district’s website as provided for in section 21f. The statewide
catalog must also contain all of the following:
(A)
The number of enrollments in each virtual course in the immediately preceding
school year.
(B)
The number of enrollments that earned 60% or more of the total course points
for each virtual course in the immediately preceding school year.
(C)
The pass rate for each virtual course.
(xi) Support registration, payment
services, and transcript functionality for the statewide catalog and train key
stakeholders on how to use new features.
(xii) Collaborate with key stakeholders
to examine district level accountability and teacher effectiveness issues
related to virtual learning under section 21f and make findings and
recommendations publicly available.
(xiii) Provide a report on the activities
of the Michigan Virtual Learning Research Institute.
(3) To
further enhance its expertise and leadership in virtual learning, the Michigan
Virtual University shall continue to operate the Michigan Virtual School as a
statewide laboratory and quality model of instruction by implementing virtual
and blended learning solutions for Michigan schools in accordance with the
following parameters:
(a)
The Michigan Virtual School must maintain its accreditation status from
recognized national and international accrediting entities.
(b)
The Michigan Virtual University shall use no more than $1,000,000.00 of the amount
allocated under this section to subsidize the cost paid by districts for
virtual courses.
(c) In
providing educators responsible for the teaching of virtual courses as provided
for in this section, the Michigan Virtual School shall follow the requirements
to request and assess, and the department of state police shall provide, a
criminal history check and criminal records check under sections 1230 and 1230a
of the revised school code, MCL 380.1230 and 380.1230a, in the same manner as
if the Michigan Virtual School were a school district under those sections.
(4)
From the funds allocated under subsection (1), the Michigan Virtual University
shall allocate up to $500,000.00 to support the expansion of new online and
blended educator professional development programs.
(5) If
the course offerings are included in the statewide catalog of virtual courses
under subsection (2)(b)(x), the
Michigan Virtual School operated by the Michigan Virtual University may offer
virtual course offerings, including, but not limited to, all of the following:
(a)
Information technology courses.
(b)
College level equivalent courses, as defined in section 1471 of the revised
school code, MCL 380.1471.
(c)
Courses and dual enrollment opportunities.
(d)
Programs and services for at-risk pupils.
(e)
High school equivalency test preparation courses for adjudicated youth.
(f)
Special interest courses.
(g)
Professional development programs for teachers, school administrators, other
school employees, and school board members.
(6) If
a home-schooled or nonpublic school student is a resident of a district that
subscribes to services provided by the Michigan Virtual School, the student may
use the services provided by the Michigan Virtual School to the district
without charge to the student beyond what is charged to a district pupil using
the same services.
(7)
Not later than December 1 of each fiscal year, the Michigan Virtual University
shall provide a report to the house and senate appropriations subcommittees on
state school aid, the state budget director, the house and senate fiscal
agencies, and the department that includes at least all of the following
information related to the Michigan Virtual School for the preceding state
fiscal year:
(a) A
list of the districts served by the Michigan Virtual School.
(b) A
list of virtual course titles available to districts.
(c)
The total number of virtual course enrollments and information on registrations
and completions by course.
(d)
The overall course completion rate percentage.
(8) In
addition to the information listed in subsection (7), the report under
subsection (7) must also include a plan to serve at least 600 schools with
courses from the Michigan Virtual School or with content available through the
internet-based platform identified in subsection (2)(b)(ix).
(9)
The governor may appoint an advisory group for the Michigan Virtual Learning
Research Institute established under subsection (2). The members of the
advisory group serve at the pleasure of the governor and without compensation.
The purpose of the advisory group is to make recommendations to the governor,
the legislature, and the president and board of the Michigan Virtual University
that will accelerate innovation in this state’s education system in a manner
that will prepare elementary and secondary students to be career and college
ready and that will promote the goal of increasing the percentage of residents
of this state with high-quality degrees and credentials to at least 60% by
2025.
(10)
Not later than November 1 of each year, the Michigan Virtual University shall
submit to the house and senate appropriations subcommittees on state school
aid, the state budget director, and the house and senate fiscal agencies a
detailed budget for that fiscal year that includes a breakdown on its projected
costs to deliver virtual educational services to districts and a summary of the
anticipated fees to be paid by districts for those services. Not later than
March 1 each year, the Michigan Virtual University shall submit to the house
and senate appropriations subcommittees on state school aid, the state budget
director, and the house and senate fiscal agencies a breakdown on its actual
costs to deliver virtual educational services to districts and a summary of the
actual fees paid by districts for those services based on audited financial
statements for the immediately preceding fiscal year.
(11)
As used in this section:
(a) “Blended
learning” means a hybrid instructional delivery model where pupils are provided
content, instruction, and assessment, in part at a supervised educational
facility away from home where the pupil and a teacher with a valid Michigan
teaching certificate are in the same physical location and in part through
internet-connected learning environments with some degree of pupil control over
time, location, and pace of instruction.
(b) “Cyber
school” means a full-time instructional program of virtual courses for pupils
that may or may not require attendance at a physical school location.
(c) “Virtual
course” means a course of study that is capable of generating a credit or a
grade and that is provided in an interactive learning environment in which the
majority of the curriculum is delivered using the internet and in which pupils
are separated from their instructor or teacher of record by time or location,
or both.
(12) It is the intent of the
legislature not to allocate an amount greater than $6,342,500.00 for 2020-2021
for the purposes of this section.
Sec. 98a. (1) In order to receive state aid under this
article for 2020-2021, a district must provide, for the 2020-2021 school year,
instruction under an extended COVID-19 learning plan that has been approved by
an intermediate district or authorizing body, as applicable, under subsection
(2). It is the intent of the legislature that extended COVID-19 learning plans
described in this subsection provide districts with maximum flexibility to
adapt their educational programs for some or all pupils at some or all of the
schools operated by the district to respond to the COVID-19 pandemic. An
extended COVID-19 learning plan described in this subsection must include all
of the following elements:
(a) A statement indicating why an extended
COVID-19 learning plan is necessary to increase pupil engagement and
achievement for the 2020-2021 school year.
(b) The educational goals expected to be
achieved for the 2020-2021 school year. The educational goals described in this
subdivision must not be utilized to determine state policy. The district must
establish all of its goals under this subdivision by not later than September
15, 2020. An extended COVID-19 learning plan described in this subsection must
specify which educational goals described in this subdivision are expected to
be achieved by the middle of the school year and which goals are expected to be
achieved by the end of the school year. All of the following apply to the
educational goals described in this subdivision:
(i)
The goals must include increased pupil achievement or, if growth can be validly
and reliably measured using a benchmark assessment or benchmark assessments,
growth on a benchmark assessment or benchmark assessments described in
subparagraph (ii) in the aggregate
and for all subgroups of pupils.
(ii)
The goals must include an assurance that the district shall select a benchmark
assessment or benchmark assessments that are aligned to state standards and an
assurance that the district shall administer the benchmark assessment or
benchmark assessments to all pupils as prescribed under section 104 to
determine whether pupils are making meaningful progress toward mastery of these
standards.
(iii)
The goals must be measurable through a benchmark assessment or benchmark
assessments described in subparagraph (ii).
(c) A description of how instruction will
be delivered during the 2020-2021 school year. Instruction, as described in
this subdivision, may be delivered at school or at a different location, in
person, online, digitally, by other remote means, in a synchronous or
asynchronous format, or any combination thereof, but, except as otherwise
provided in this subdivision, must be delivered as included in the description.
If the description of instructional delivery under this subdivision differs
from the delivery of instruction re-confirmed under this subdivision, then instruction
must be delivered as re-confirmed. Thirty days after the approval of the plan
under subsection (2), and every 30 days each month thereafter, the district must, at a meeting of the board or
board of directors, as applicable, of the district, re-confirm how instruction
is going to be delivered during the 2020-2021 school year. Public comment must
be solicited from the parents or legal guardians of the pupils enrolled in the
district during a meeting described in this subdivision. For each reconfirmation described
in this subdivision, the district shall report to the center, in a form and
manner prescribed by the center, the instructional delivery method that was
reconfirmed; how that instruction will be delivered for each grade level
offered by the district, including pre-kindergarten, as applicable; and whether
or not, as determined by the department in consultation with the center, the
district is offering higher levels of in-person instruction for English
language learners, special education students, or other special populations.
(d) A description of how instruction for
core academic areas provided under the extended COVID-19 learning plan will
expose each pupil to the academic standards that apply for each pupil’s grade
level or courses in the same scope and sequence as the district had planned for
that exposure to occur for in-person instruction, as applicable, and a
description of how pupil progress toward mastery of the standards described in
this subdivision will be graded or otherwise reported to the pupil and the
pupil’s parent or legal guardian.
(e) If the district is delivering pupil
instruction virtually, an assurance and description of how pupils will be
provided with equitable access to technology and the internet necessary to
participate in instruction. This subdivision does not prohibit a district from
providing pupil instruction through nonvirtual educational materials.
(f) A description of how the district will
ensure that students with disabilities will be provided with equitable access
to instruction accommodation in accordance with applicable state and federal
laws, rules, and regulations.
(g) A requirement that the district, in
consultation with a local health department, as that term is defined in section
1105 of the public health code, 1978 PA 368, MCL 333.1105, and district employees,
develop districtwide guidelines concerning appropriate methods for delivering
pupil instruction for the 2020-2021 school year that are based on local data
that are based on key metrics. However, regardless of the guidelines developed
under this subdivision, a determination concerning the method for delivering
pupil instruction remains with the district. As used in this subdivision, “key
metrics” means, at a minimum, all of the following:
(i)
The trend of COVID-19 cases or positive COVID-19 tests, hospitalizations due to
COVID-19, and the number of deaths resulting from COVID-19 over a 14-day
period.
(ii)
COVID-19 cases for each day for every 1 million individuals.
(iii)
The percentage of positive COVID-19 tests over a 4-week period.
(iv)
Health care capacity strength.
(v)
Testing, tracing, and containment infrastructure with regard to COVID-19.
(h) A provision that, if the district
determines that it is safe to provide in-person pupil instruction to pupils, the
district shall prioritize providing in-person pupil instruction to pupils in
grades K to 5 who are enrolled in the district.
(i) A requirement that the district shall
ensure that 2 2-way interactions occur between a pupil enrolled in the district
and the pupil’s teacher or at least 1 of the pupil’s teachers or another district
employee who has responsibility for the pupil’s learning, grade progression, or
academic progress during each week of the school year for at
least 75% of pupils enrolled in the district. A district may utilize 2-way
interactions that occur under this subdivision toward meeting the requirement
under section 101(3)(h). The district shall publicly announce its weekly
interaction rates under this subdivision at each reconfirmation meeting
described in subdivision (c) and make those rates accessible through the
transparency reporting link located on the district’s website each month. As
used in this subdivision, “2-way interaction” means a communication that occurs
between a pupil and the pupil’s teacher or at least 1 of the pupil’s teachers or another district
employee who has responsibility for the pupil’s learning, grade progression, or
academic progress, where 1 party initiates communication and
a response from the other party follows that communication, and that is
relevant to course progress or course content for at least 1 of the courses in
which the pupil is enrolled or relevant to the pupil’s overall academic progress or grade
progression. Responses, as described in this subdivision,
must be to the communication initiated by the teacher, by another district
employee who has responsibility for the pupil’s learning, grade progression, or
academic progress, or by the pupil, and not some other action taken. The communication
described in this subdivision may occur through, but is not limited to, any of
the following means:
(i)
Electronic mail.
(ii)
Telephone.
(iii)
Instant messaging.
(iv)
Face-to-face conversation.
(2) A district that is not a public school
academy that intends to provide instruction under an extended COVID-19 learning
plan shall submit its extended COVID-19 learning plan described in subsection
(1) to the intermediate district in which the district is located by not later
than October 1, 2020, and, except as otherwise provided in this subsection, a district that is a public school academy that intends to
provide instruction under an extended COVID-19 learning plan shall submit its
extended COVID-19 learning plan described in subsection (1) to its authorizing
body by not later than October 1, 2020, for approval. A district that is a public
school academy that, by agreement, provides educational services for the
residents of a district that is not a public school academy and that does not
directly provide public educational services to its residents that intends to
provide instruction under an extended COVID-19 learning plan shall submit its
extended COVID-19 learning plan described in subsection (1) to the intermediate
district in which it is located not later than October 1, 2020 for approval. An intermediate district or authorizing body, as applicable,
shall approve an extended COVID-19 learning plan submitted for approval under
this subsection by not later than October 9, 2020 if the plan includes all of the elements required for
inclusion in the plan under subsection (1). If an intermediate district or
authorizing body, as applicable, approves of a district’s extended COVID-19
learning plan under this subsection, the intermediate district or authorizing
body, as applicable, shall transmit copies of the approved plan to the
superintendent of public instruction and the state treasurer.
(3) An extended COVID-19 learning plan
described in subsection (1) and approved under subsection (2) must be made
accessible through the transparency reporting link located on the district’s
website by not later than October 1, 12, 2020.
(4) Both All of the following apply to a district that
is providing instruction under an extended COVID‑19 learning plan
approved under this section:
(a) By not later than January 15, 2021, the district shall create
a report that includes information regarding both of the following and shall
ensure that the report under this subdivision can be accessed through the
transparency reporting link located on the district’s website:
(i) The amount and type of training provided during the
current school year as of the date of the report to teachers of the district
through professional development that focuses on how to deliver virtual
content.
(ii) The amount and type of training provided during the
current school year as of the date of the report to the parents and legal
guardians of pupils and to pupils on how to access and use virtual content
provided by the district.
(b) (a) By not later than February 1, 2021, the district shall create
a report concerning progress made in meeting the educational goals described in
subsection (1) that the district expected would be achieved by the middle of
the school year and shall ensure that the report under this subdivision can be
accessed through the transparency reporting link located on the district’s
website.
(c) (b) By not later than the last day of the 2020-2021 school year,
the district shall create a report concerning progress made in meeting the
educational goals described in subsection (1) that the district expected would
be achieved by the end of the school year and shall ensure that the report
under this subdivision can be accessed through the transparency reporting link
located on the district’s website.
(5) This section does not apply to a
district that operates as a cyber school, as that term is defined in section 551
of the revised school code, MCL 380.551.
Sec. 98d. (1) From the state
school aid fund money appropriated under section 11, there is allocated for
2020-2021 an amount not to exceed $2,000,000.00 to Northern Michigan University
to support the MLC as described in this section. Northern Michigan University
shall not retain any portion of the funding received under this section for
administrative purposes and shall provide funding to support the MLC. All of
the following apply to the MLC:
(a) The MLC must be created to help bridge equity
gaps in K to 12 education linked to a student’s ability to engage in distance
learning because of inadequate internet access or a lack of devices in the
home.
(b) The MLC shall provide over-the-air broadcasts
24 hours each day for 7 days each week of quality instructional content that is
aligned with this state’s K to 12 educational standards. Over-the-air
broadcasts as described in this subdivision must be streamed live and must be
archived for on-demand viewing on a companion website, along with additional
learning materials relevant to lessons.
(c) The MLC must be managed and operated by DPTV,
and DPTV shall assume all risk, liability, and responsibility for the MLC in
accordance with regulations by the U.S. Federal Communications Commission, PBS
broadcast standards, and standard nonprofit business standards. DPTV shall
serve as the fiduciary agent and service manager for the MLC. The MLC shall
originate from a central operations center that is responsible for providing
the infrastructure, content, and engagement of the MLC in partnership with this
state’s educational leadership organizations.
(d) The MLC shall require that DPTV provide
technology, funding, staff training, and central management of the MLC to
station partners to insert additional channels into each station’s broadcast
streams and to support staffing and engagement as outlined in a memorandum of
understanding among the stations.
(e) The MLC shall require that DPTV partner with
at least 5 other Michigan public television stations including, but not limited
to, WKAR, WGVU, WDCQ, WCMU, and WNMU, to deliver the over-the-air MLC
broadcasts described in this section and to support engagement with local
educators. Stations described in this subdivision must be able to use the
infrastructure provided by the MLC to develop their own local content that best
serves their communities.
(f) The MLC shall not use the funds received from
Northern Michigan University under this section in support of the MLC for any
purposes fully funded by the governor’s emergency education relief fund grant.
(2) Not later than February 1, 2021, the MLC
shall provide a report to the house and senate appropriations subcommittees
responsible for state school aid, the house and senate fiscal agencies, and the
state budget director detailing the MLC’s compliance with ensuring that
conditions listed under subsection (1) were met.
(3) Notwithstanding section 17b, the department
shall make payments under this section not later than December 1, 2020.
(4) As used in this section:
(a) “DPTV” means Detroit public television.
(b) “MLC” means the Michigan learning channel.
Sec. 99h. (1) From the
state school aid fund money appropriated in section 11, there is allocated an
amount not to exceed $3,900,000.00 $4,400,000.00
for 2019-2020 2020-2021 for
competitive grants to districts and intermediate districts, and from the general fund money appropriated in section 11, there is
allocated $300,000.00 for 2020-2021 for competitive grants to nonpublic
schools, that provide pupils in grades K pre-K to 12 with expanded opportunities to improve mathematics,
science, and technology skills by participating in events hosted by a science
and technology development program known as FIRST (for inspiration and
recognition of science and technology) Robotics, including JR FIRST Lego
League, FIRST Lego League, FIRST Tech challenge, and FIRST Robotics
competition, or other competitive robotics programs, including VEX and those
hosted by the Robotics Education and Competition (REC) Foundation. Programs
funded under this section are intended to increase the number of pupils
demonstrating proficiency in science and mathematics on the state assessments
and to increase the number of pupils who are college- and career-ready upon
high school graduation. Notwithstanding section 17b, the department shall make
grant payments to districts, nonpublic
schools, and intermediate districts under this section on a schedule
determined by the department. The department shall set maximum grant awards for
each different level of programming and competition
in a manner that both maximizes the number of teams that will be able to
receive funds and expands the geographical distribution of teams.
(2) A
district, nonpublic school, or
intermediate district applying for a grant under this section shall submit an
application in a form and manner prescribed by the department. To be eligible
for a grant, a district, nonpublic
school, or intermediate district shall must demonstrate in its application that the district, nonpublic school, or intermediate
district has established a partnership for the purposes of the robotics program
with at least 1 sponsor, business entity, higher education institution, or
technical school, shall submit a spending plan, and shall pay provide a local in-kind or cash match from
other private or local funds of at least 25% of the cost of the robotics
program award.
(3)
The department shall distribute the grant funding under this section for the
following purposes:
(a)
Grants to districts, nonpublic schools,
or intermediate districts to pay for stipends not to exceed $1,500.00 for 1
coach per team.$1,500.00 per
building for coaching.
(b)
Grants to districts, nonpublic schools,
or intermediate districts for event registrations, materials, travel costs, and
other expenses associated with the preparation for and attendance at robotics
events and competitions. Each grant recipient shall provide a local match
from other private or local funds for the funds received under this subdivision
equal to at least 50% of the costs of participating in an event.
(c)
Grants to districts, nonpublic schools,
or intermediate districts for awards to teams that advance to the state and
world championship competitions. next
levels of competition as determined by the department. The department shall
determine an equal amount per team for those teams that advance. to the state championship and a
second equal award amount to those teams that advance to the world
championship.
(4)
The funds allocated under this section for 2019-2020 2020-2021 are a work project
appropriation, and any unexpended funds for 2019-2020 2020-2021 are carried forward into 2020-2021.
2021-2022. The purpose of the
work project is to continue support of FIRST Robotics and must not be used to
support other robotics competitions. The estimated completion date of the work
project is September 30, 2022.2023.
(5) A nonpublic school that receives a grant under
this section may use the funds for either robotics or Science Olympiad
programs.
(6) To be eligible to receive funds under this
section, a nonpublic school must be a nonpublic school registered with the
department and must meet all applicable state reporting requirements for
nonpublic schools.
Sec. 99i. From the general fund
money appropriated in section 11, there is allocated for 2020-2021 an amount
not to exceed $150,000.00 to support the Michigan council of women in
technology foundation. The funds awarded under this section must be used to
support the girls-exploring-together-information-technology clubs for middle and
high school girls that provide structured hands-on learning activities through
a comprehensive technology-focused curriculum.
Sec. 99s. (1) From the
funds appropriated under section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $7,634,300.00 from the state school
aid fund appropriation and an amount not to exceed $300,000.00 from the general fund appropriation for Michigan
science, technology, engineering, and mathematics (MiSTEM) programs. In
addition, from the federal funds appropriated in section 11, there is allocated to the department for 2019-2020 2020-2021 an amount estimated at $235,000.00
from DED-OESE, title II, mathematics and science
partnership grants. The MiSTEM network may receive funds from private sources.
If the MiSTEM network receives funds from private sources, the MiSTEM network
shall expend those funds in alignment with the statewide STEM strategy.
Programs funded under this section are intended to increase the number of
pupils demonstrating proficiency in science and mathematics on the state
assessments, and to increase
the number of pupils who are college- and career-ready upon high school graduation, and to promote certificate and degree
attainment in STEM fields. Notwithstanding section 17b, the department
shall make payments under this section on a schedule determined by the
department.
(2) All of the following apply to the MiSTEM
advisory council:
(a) The MiSTEM advisory council is created. The
MiSTEM advisory council shall provide to the governor, legislature, department
of labor and economic opportunity, and department recommendations designed to
improve and promote innovation in STEM education and to prepare students for
careers in science, technology, engineering, and mathematics.
(b) The MiSTEM advisory council created under
subdivision (a) consists of the following members:
(i)
The governor shall appoint 11 voting members who are representative of business
sectors that are important to Michigan’s economy and rely on a STEM-educated workforce,
nonprofit organizations and associations that promote STEM education, K-12 and
postsecondary education entities involved in STEM-related career education, or
other sectors as considered appropriate by the governor. Each of these members
serves at the pleasure of the governor and for a term determined by the
governor.
(ii)
The senate majority leader shall appoint 2 members of the senate to serve as
nonvoting, ex-officio members of the MiSTEM advisory council, including 1
majority party member and 1 minority party member.
(iii)
The speaker of the house of representatives shall appoint 2 members of the
house of representatives to serve as nonvoting, ex-officio members of the
MiSTEM advisory council, including 1 majority party member and 1 minority party
member.
(iv)
The governor shall appoint 1 state officer or employee to serve as a nonvoting,
ex-officio member of the MiSTEM advisory council.
(c) Each member of the MiSTEM advisory council
serves without compensation.
(d) The MiSTEM advisory council annually shall
review and make recommendations to the governor, the legislature, and the
department concerning changes to the statewide strategy adopted by the council
for delivering STEM education-related opportunities to pupils. The MiSTEM
advisory council shall use funds received under this subsection to ensure that
its members or their designees are trained in the Change the Equation STEMworks
rating system program for the purpose of rating STEM programs.
(3) (e) The MiSTEM advisory council shall make
specific funding recommendations for the funds allocated under subsection (3)
(4) by December 15 of each
fiscal year. Each specific funding recommendation must be for a program
approved by the MiSTEM advisory council. All of the following apply:
(a) To be eligible for MiSTEM advisory council approval as described in this subsection, a
program must satisfy all of the following:
(i) Align with this state’s academic
standards.
(ii) Have STEMworks certification.
(iii) Provide project-based experiential
learning, student programming, or educator professional learning experiences.
(iv) Focus predominantly on
classroom-based STEM experiences or professional learning experiences.
(b) (f) The MiSTEM advisory council shall
approve programs that represent all network regions and include a diverse array
of options for students and educators and at least 1 program in each of the
following areas:
(i) Robotics.
(ii) Computer science or coding.
(iii) Engineering or bioscience.
(c) (g) The MiSTEM advisory council is
encouraged to work with the MiSTEM network to develop locally and regionally
developed programs and professional learning experiences for the programs on
the list of approved programs.
(d) (h) If the MiSTEM advisory council is unable
to make specific funding recommendations by December 15 of a fiscal year, the
department shall award and distribute the funds allocated under subsection (3)
(4) on a competitive grant basis
that at least follows the statewide STEM strategy plan and rating system
recommended by the MiSTEM advisory council.
Each grant must provide STEM education-related opportunities for pupils.
(e) (i) The MiSTEM advisory council shall work with the executive director
of the MiSTEM network to implement the statewide STEM strategy adopted by the
MiSTEM advisory council.
(4) (3) From the state school
aid fund money allocated under subsection (1), there is allocated for 2019-2020
2020-2021 an amount not to exceed
$3,050,000.00 for
the purpose of funding programs under this section for 2019-2020, 2020-2021 as recommended by the MiSTEM
advisory council.
(5) (4) From the state school aid fund allocation money allocated under subsection (1),
there is allocated an amount not to exceed $3,834,300.00 for 2019-2020 2020-2021 to support the activities and
programs of the MiSTEM network regions. In addition, from the federal funds
allocated under subsection (1), there is allocated for 2019-2020 2020-2021 an amount estimated at $235,000.00
from DED-OESE, title II, mathematics and science
partnership grants, for the purposes of this subsection. From the money
allocated under this subsection, the department shall award the fiscal agent
for each MiSTEM network region $200,000.00 for
the base operations of each region. The department shall distribute the
remaining funds to each fiscal agent in an equal amount per pupil, based on the
number of K to 12 pupils enrolled in districts within each region in the
immediately preceding fiscal year.
(6) (5) A MiSTEM network region
shall do all of the following:
(a) Collaborate with the
career and educational advisory council that is located in the MiSTEM region to
develop a regional strategic plan for STEM education that creates a robust regional
STEM culture, that empowers STEM teachers, that integrates business and
education into the STEM network, and that ensures high-quality STEM experiences
for pupils. At a minimum, a regional STEM strategic plan should do all of the
following:
(i) Identify regional employer need for STEM.
(ii) Identify processes for regional employers and educators to
create guided pathways for STEM careers that include internships or
externships, apprenticeships, and other experiential engagements for pupils.
(iii) Identify educator professional development opportunities,
including internships or externships and apprenticeships, that integrate this
state’s science standards into high-quality STEM experiences that engage
pupils.
(b) Facilitate regional
STEM events such as educator and employer networking and STEM career fairs to
raise STEM awareness.
(c) Contribute to the
MiSTEM website and engage in other MiSTEM network functions to further the
mission of STEM in this state in coordination with the MiSTEM advisory council and its executive director.
(d) Facilitate
application and implementation of state and federal funds under this subsection
and any other grants or funds for the MiSTEM network region.
(e) Work with districts
to provide STEM programming and professional learning.
(f) Coordinate recurring
discussions and work with the career and educational advisory council to ensure
that feedback and best practices are being shared, including funding, program,
professional learning opportunities, and regional strategic plans.
(7) (6) From the state school aid funds fund money allocated under subsection
(1), the department shall distribute for 2019-2020 2020-2021 an amount not to exceed $750,000.00, in a form and manner
determined by the department, to those network regions able to provide
curriculum and professional development support to assist districts in
implementing the Michigan merit curriculum components for mathematics and
science.
(8) (7) In order to receive
state or federal funds under subsection (4) (5) or (6), (7), or
to receive funds from private sources as authorized under subsection (1), a
grant recipient must allow access for the department or the department’s
designee to audit all records related to the program for which it receives
those funds. The grant recipient shall reimburse the state for all
disallowances found in the audit.
(9) (8) In order to receive
state funds under subsection (4) (5)
or (6), (7), a grant
recipient must provide at least a 10% local match from local public or private
resources for the funds received under this subsection.
(10) (9) Not later than July
1, 2019 and July 1 of each year,
thereafter, a MiSTEM network region that receives funds under subsection
(4) (5) shall report to the executive director of the MiSTEM network in a form and manner prescribed by the executive director on performance measures developed by the MiSTEM
network regions and approved by the executive director. The
performance measures must be designed to ensure that the activities of the
MiSTEM network are improving student academic outcomes.
(11) (10) Not more than 5% of a
MiSTEM network region grant under subsection (4) (5) or (6) (7) may
be retained by a fiscal agent for serving as the fiscal agent of a MiSTEM
network region.
(12) (11) From the general fund allocation
money allocated under subsection
(1), there is allocated an amount not to exceed $300,000.00 to the department of technology,
management, and budget labor and
economic opportunity to support the
functions of the executive director and executive assistant for the MiSTEM network, and for administrative,
training, and travel costs related to the MiSTEM advisory council. The executive director and executive
assistant for the MiSTEM network shall do all of
the following:
(a) Serve as a liaison
among and between the department, the department of technology, management, and budget, labor and economic
opportunity, the MiSTEM advisory council, the
governor’s future talent council, the MiSTEM regions, and any other relevant
organization or entity in a manner that creates a robust statewide STEM
culture, that empowers STEM teachers, that integrates business and education
into the STEM network, and that ensures high-quality STEM experiences for pupils.
(b)
Coordinate the implementation of a marketing campaign, including, but not
limited to, a website that includes dashboards of outcomes, to build STEM
awareness and communicate STEM needs and opportunities to pupils, parents,
educators, and the business community.
(c)
Work with the department and the MiSTEM advisory council
to coordinate, award, and monitor MiSTEM state and federal grants to the MiSTEM
network regions and conduct reviews of grant recipients, including, but not
limited to, pupil experience and feedback.
(d)
Report to the governor, the legislature, the department, and the MiSTEM advisory council annually on
the activities and performance of the MiSTEM network regions.
(e)
Coordinate recurring discussions and work with regional staff to ensure that a
network or loop of feedback and best practices are shared, including funding,
programming, professional learning opportunities, discussion of MiSTEM
strategic vision, and regional objectives.
(f)
Coordinate major grant application efforts with the MiSTEM advisory council to assist
regional staff with grant applications on a local level. The MiSTEM
advisory council shall leverage private and
nonprofit relationships to coordinate and align private funds in addition to
funds appropriated under this section.
(g)
Train state and regional staff in the STEMworks rating system, in collaboration
with the MiSTEM advisory council and the department.
(h)
Hire MiSTEM network region staff in collaboration with the network region
fiscal agent.
(13) (12) As used in this section:
(a) “Career
and educational advisory council” means an advisory council to the local
workforce development boards located in a prosperity region consisting of
educational, employer, labor, and parent representatives.
(b) “DED”
means the United States Department of Education.
(c) “DED-OESE”
means the DED Office of Elementary and Secondary Education.
(d) “STEM” means
science, technology, engineering, and mathematics delivered in an integrated
fashion using cross-disciplinary learning experiences that can include language
arts, performing and fine arts, and career and technical education.
Sec. 99t. (1) From the
general fund appropriation under section 11, there is allocated an amount not
to exceed $1,500,000.00 $1,000,000.00
for 2018-2019 2020-2021 to
purchase statewide access to an online algebra tool that meets all of the
following:
(a)
Provides students statewide with complete access to videos aligned with state
standards including study guides and workbooks that are aligned with the
videos.
(b)
Provides students statewide with access to a personalized online algebra
learning tool including adaptive diagnostics.
(c)
Provides students statewide with dynamic algebra practice assessments that
emulate the state assessment with immediate feedback and help solving problems.
(d)
Provides students statewide with online access to algebra help 24 hours a day
and 7 days a week from study experts, teachers, and peers on a moderated social
networking platform.
(e)
Provides an online algebra professional development network for teachers.
(f) Is
already provided under a statewide contract in at least 1 other state that has
a population of at least 18,000,000 but not more than 19,000,000 according to
the most recent decennial census and is offered in that state in partnership
with a public university.
(2)
The department shall purchase the online algebra tool that was chosen under
this section in 2016-2017.
(3) A
grantee receiving funding under this section shall comply with the requirements
of section 19b.
Sec. 99u. (1) From the
general fund appropriation money
appropriated under section 11, there is allocated for 2018-2019 2020-2021 an amount not to exceed
$1,500,000.00 to purchase statewide access to an a provider that is a provider of both of the following:
(a) An online mathematics tool
that meets all of the following:
(i) (a) Provides students
statewide with complete access to mathematics support aligned with state
standards through a program that has all of the following elements:
(A) (i) Student motivation.
(B) (ii) Valid and reliable
assessments.
(C) (iii) Personalized learning
pathways.
(D) (iv) Highly qualified, live
teachers available all day and all year.
(E) (v) Twenty-four-hour
reporting.
(F) (vi) Content built for
rigorous mathematics.
(ii) (b) Has a record of
improving student mathematics scores in at least 5 other states.
(iii) (c) Received funding under
this section in 2017-2018.
(b) A program that provides
explicit, targeted literacy instruction within an individualized learning path
that continually adjusts to a pupil’s needs. A program described in this subdivision
that is funded under this subsection must be funded through a grant to a
provider described in this subsection that also promotes literacy through the
teaching of critical language and literacy concepts, such as reading and
listening comprehension, basic vocabulary, academic language, grammar,
phonological awareness, phonics, and fluency.
(2) A grantee that
receives funding under this section shall comply with the requirements of
section 19b.
(3) In addition to the funds allocated under
subsection (1), from the general fund appropriation in section 11, there is
allocated for 2018-2019 an amount not to exceed $500,000.00 for a software-based
solution designed to teach Spanish language literacy to students in
pre-kindergarten through first grade. A program funded under this subsection
shall be a grant to the eligible provider that promotes bilingualism and
biliteracy, and is based on research that shows how students who become
proficient readers in their first language have an easier time making the transition
to reading proficiency in a second language. A provider of programming under
subsection (1) is the eligible provider of programming under this subsection.
(4) In addition to the funds allocated under
subsection (1), from the general fund money appropriated in section 11, there
is allocated for 2018-2019 an amount not to exceed $1,000,000.00 for a pilot
program to provide explicit, targeted literacy instruction within an
individualized learning path that continually adjusts to a pupil’s needs. A program
funded under this subsection shall be a grant to the eligible provider that
promotes literacy by teaching critical language and literacy concepts such as
reading and listening comprehension, basic vocabulary, academic language,
grammar, phonological awareness, phonics, and fluency. A pilot program funded
under this subsection shall cover both the remainder of 2018-2019 and also the
entire 2019-2020 school year. A provider of programming under subsection (1) is
the eligible provider of programming under this subsection.
(3) (5) Notwithstanding section
17b, the department shall make payments
made under this section shall be made by not later than March 1, 2019.December 1, 2020.
Sec.
99w. (1) From the general fund money appropriated under section 11, there is
allocated an amount not to exceed $500,000.00 $400,000.00 for 2018-2019 2020-2021 to facilitate a culture of health and physical activity
as part of daily life. Funding under this section shall must be a grant to the Michigan Fitness
Foundation to work with the department to invest in a physical education
curriculum. Funding under this section may support staff, evaluation,
assessment, technology, meetings, training, travel, materials, and other
administrative expenses in support of an updated physical education curriculum.
Funding under this section may be used as matching dollars to qualify for
federal and private resources to support physical education.
(2) An entity that received
funding under this section for 2018-2019 may expend those funds through
September 30, 2021.
(3) (2) Notwithstanding section
17b, the department shall make payments
made under this section shall be made by not later than March 1, 2019.December 1, 2020.
Sec.
99x. (1) From the general fund money appropriated under section 11, there is
allocated for 2018-2019 2020-2021
an amount not to exceed $300,000.00 $1,000,000.00 for Teach for America to host a summer training
institute in the city of Detroit, recruit teachers into a master teacher
fellowship, and retain a committed alumni community. A program funded under
this section must provide coaching and professional development, with the goal
to produce highly effective teachers that move pupils beyond their growth
benchmarks.
(2) Notwithstanding
section 17b, the department shall make payments
made under this section shall be made by not later than March 1, 2019.December 1, 2020.
Sec. 99z. (1) From the state school
aid fund money appropriated in section 11, there is allocated an amount not to
exceed $5,000,000.00 for 2020-2021 for payments to eligible districts described
in subsection (3) to be used in the manner described in subsection (4).
(2) A district seeking funding under this section shall apply for
the funding in a form and manner prescribed by the department.
(3) A district that meets all of the following is an eligible
district under this section:
(a) In its application described in subsection (2), the district
confirms its approval of a department-generated list that includes the full
name and personnel identification code for each eligible teacher employed by
the district in an assignment as described in subsection (8)(b)(i) and (ii) to whom it will provide a payment
under subsection (4) with the funding received under this section.
(b) The district agrees to provide to each eligible teacher whose
name is included on the list described in subdivision (a) a payment of $500.00,
in addition to the payment it will provide those eligible teachers under
subsection (4).
(c) The district agrees to pay each eligible teacher the payment described
in subdivision (b) and subsection (4) by not later than 45 days after receiving
the disbursement of funds under this section from the department.
(4) An eligible district that receives funding under this section
shall use that funding only as follows:
(a) If the eligible district is a district in which at least 70%
of the pupils in membership in the district for the immediately preceding
fiscal year were economically disadvantaged, to provide a payment of $1,000.00
to each eligible teacher whose name is included on the list described in
subsection (3)(a).
(b) If the eligible district is not a district described in
subdivision (a), to provide a payment of $500.00 to each eligible teacher whose
name is included on the list described in subsection (3)(a).
(5) It is the intent of the legislature to provide for funding so
that an eligible teacher who receives a payment under this section from the
district to which he or she is assigned as described in this section receives
payments under this section through that eligible teacher’s third year of
teaching at that district if that teacher remains continuously employed
full-time at that district during those 3 years. For purposes of this
subsection, an eligible teacher is considered continuously employed at a
district during a period for which he or she is on approved medical, parental,
or military leave.
(6) The funds allocated under this section for 2020-2021 are a
work project appropriation, and any unexpended funds for 2020-2021 are carried
forward into 2021-2022. The purpose of the work project is to continue
providing payments to eligible teachers as described in this section. The
estimated completion date of the work project is September 30, 2023.
(7) Notwithstanding section 17b, the department shall make
payments under this section on a schedule determined by the department.
(8) As used in this section:
(a) “Economically disadvantaged” means that term as defined in
section 31a.
(b) “Eligible teacher” means an individual who meets all of the
following:
(i) Is assigned a
teacher assignment code in the registry of educational personnel for the first
time in the 2020-2021 school year.
(ii) Is assigned to a
district in the registry of educational personnel in the 2020-2021 school year.
(iii) Has completed a full
school year as a full-time teacher at the district to which he or she is
assigned as described in subparagraph (ii)
or, through a cooperative agreement, at multiple districts.
(iv) Holds a valid Michigan teaching certificate or holds a
full-year permit.
(v) Is employed by the district or districts described in
subparagraph (iii) on or before November 1, 2020.
(vi) Has not been subject to any recorded disciplinary
action during the school year.
(c) “Registry of educational personnel” means the data collected
biannually by the center on June 30 and the first business day of
December.
Sec.
101. (1) To be eligible to receive state aid
under this article, not later than the fifth Wednesday after the pupil
membership count day and not later than the fifth Wednesday after the
supplemental count day, each district superintendent shall submit and certify
to the center and the intermediate superintendent, in the form and manner
prescribed by the center, the number of pupils enrolled and in regular daily
attendance, or, for 2020-2021 only, the number of pupils engaged in pandemic
learning for fall 2020 or the number of pupils engaged in pandemic learning for
spring 2021, as applicable, or, for a district that operates as a cyber school,
as that term is defined in section 551 of the revised school code, MCL 380.551,
the number of pupils enrolled and in regular daily attendance, including
identification of tuition-paying pupils, in the district as of the pupil
membership count day and as of the supplemental count day, as applicable, for
the current school year. In addition, a district maintaining school during the
entire year shall submit and certify to the center and the intermediate
superintendent, in the form and manner prescribed by the center, the number of
pupils enrolled and in regular daily attendance in the district or, for
2020-2021 only, the number of pupils engaged in pandemic learning for fall 2020
or the number of pupils engaged in pandemic learning for spring 2021, as
applicable, or, for a district that operates as a cyber school, as that term is
defined in section 551 of the revised school code, MCL 380.551, the number of
pupils enrolled and in regular daily attendance, for the current school year
pursuant to rules promulgated by the superintendent. Not later than the sixth
Wednesday after the pupil membership count day and not later than the sixth
Wednesday after the supplemental count day, the district shall resolve any
pupil membership conflicts with another district, correct any data issues, and
recertify the data in a form and manner prescribed by the center and file the
certified data with the intermediate superintendent. If a district fails to
submit and certify the attendance data, as required under this subsection, the
center shall notify the department and the department shall withhold state aid
due to be distributed under this article from the defaulting district
immediately, beginning with the next payment after the failure and continuing
with each payment until the district complies with this subsection. If a
district does not comply with this subsection by the end of the fiscal year,
the district forfeits the amount withheld. A person who willfully falsifies a
figure or statement in the certified and sworn copy of enrollment is subject to
penalty as prescribed by section 161. As used in this subsection, “pupils
engaged in pandemic learning for spring 2021” means that term as defined in
section 6a.
(2) To be eligible to receive state aid
under this article, not later than the twenty-fourth Wednesday after the pupil
membership count day and not later than the twenty-fourth Wednesday after the
supplemental count day, an intermediate district shall submit to the center, in
a form and manner prescribed by the center, the audited enrollment and
attendance data as described in subsection (1) for the pupils of its
constituent districts and of the intermediate district. If an intermediate
district fails to submit the audited data as required under this subsection,
the department shall withhold state aid due to be distributed under this
article from the defaulting intermediate district immediately, beginning with
the next payment after the failure and continuing with each payment until the
intermediate district complies with this subsection. If an intermediate
district does not comply with this subsection by the end of the fiscal year,
the intermediate district forfeits the amount withheld.
(3) Except as otherwise provided in
subsections (11), (12), and (13), all of the following apply to the provision
of pupil instruction:
(a) Except as otherwise provided in this
section, each district shall provide at least 1,098 hours and 180 days of pupil
instruction. If a collective bargaining agreement that provides a complete
school calendar was in effect for employees of a district as of June 24, 2014,
and if that school calendar is not in compliance with this subdivision, then
this subdivision does not apply to that district until after the expiration of
that collective bargaining agreement. A district may apply for a waiver under
subsection (9) from the requirements of this subdivision.
(b) Except as otherwise provided in this
article, a district failing to comply with the required minimum hours and days
of pupil instruction under this subsection forfeits from its total state aid
allocation an amount determined by applying a ratio of the number of hours or
days the district was in noncompliance in relation to the required minimum
number of hours and days under this subsection. Not later than August 1, the
board of each district shall either certify to the department that the district
was in full compliance with this section regarding the number of hours and days
of pupil instruction in the previous school year, or report to the department,
in a form and manner prescribed by the center, each instance of noncompliance.
If the district did not provide at least the required minimum number of hours
and days of pupil instruction under this subsection, the department shall make
the deduction of state aid in the following fiscal year from the first payment
of state school aid. A district is not subject to forfeiture of funds under
this subsection for a fiscal year in which a forfeiture was already imposed
under subsection (6).
(c) Hours or days lost because of strikes
or teachers’ conferences are not counted as hours or days of pupil instruction.
(d) Except as otherwise provided in
subdivisions (e), (f), and (h), if a district does not have at least 75% of the
district’s membership in attendance on any day of pupil instruction, the department
shall pay the district state aid in that proportion of 1/180 that the actual
percent of attendance bears to 75%.
(e) If a district adds 1 or more days of
pupil instruction to the end of its instructional calendar for a school year to
comply with subdivision (a) because the district otherwise would fail to
provide the required minimum number of days of pupil instruction even after the
operation of subsection (4) due to conditions not within the control of school
authorities, then subdivision (d) does not apply for any day of pupil
instruction that is added to the end of the instructional calendar. Instead,
for any of those days, if the district does not have at least 60% of the
district’s membership in attendance on that day, the department shall pay the
district state aid in that proportion of 1/180 that the actual percentage of attendance
bears to 60%. For any day of pupil instruction added to the instructional
calendar as described in this subdivision, the district shall report to the
department the percentage of the district’s membership that is in attendance,
in the form and manner prescribed by the department.
(f) At the request of a district that
operates a department-approved alternative education program and that does not
provide instruction for pupils in all of grades K to 12, the superintendent
shall grant a waiver from the requirements of subdivision (d). The waiver must
provide that an eligible district is subject to the proration provisions of
subdivision (d) only if the district does not have at least 50% of the district’s
membership in attendance on any day of pupil instruction. In order to be
eligible for this waiver, a district must maintain records to substantiate its
compliance with the following requirements:
(i)
The district offers the minimum hours of pupil instruction as required under
this section.
(ii)
For each enrolled pupil, the district uses appropriate academic assessments to
develop an individual education plan that leads to a high school diploma.
(iii)
The district tests each pupil to determine academic progress at regular
intervals and records the results of those tests in that pupil’s individual
education plan.
(g) All of the following apply to a waiver
granted under subdivision (f):
(i)
If the waiver is for a blended model of delivery, a waiver that is granted for
the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless
it is revoked by the superintendent.
(ii)
If the waiver is for a 100% online model of delivery and the educational
program for which the waiver is granted makes educational services available to
pupils for a minimum of at least 1,098 hours during a school year and ensures
that each pupil participates in the educational program for at least 1,098
hours during a school year, a waiver that is granted for the 2011-2012 fiscal
year or a subsequent fiscal year remains in effect unless it is revoked by the
superintendent.
(iii)
A waiver that is not a waiver described in subparagraph (i) or (ii) is valid for 1 3 fiscal year years, unless it is revoked by the
superintendent, and must be renewed annually at the end of the 3-year
period to remain in effect.
(h) For the 2020-2021 school year only,
subdivision (d) does not apply for any day of pupil instruction. However, for
the 2020-2021 school year only, a district shall ensure that 1 2-way
interaction occurs between a pupil enrolled in the district and the pupil’s
teacher or at least 1 of the pupil’s teachers or another district
employee who has responsibility for the pupil’s learning, grade progression, or
academic progress during each month of the school year for at
least 75% of pupils enrolled in the district. As used in the immediately
preceding sentence, “school year” means a period comprising at least 9 calendar
months that are chosen by a district and that are designated as part of the
district’s 2020-2021 school year. If a district does not ensure that the interactions required
under this subdivision occur for at least 75% of pupils enrolled in the
district during each month of the school year, as required under this
subdivision, the department shall pay the district state
aid in that proportion of 1/10 1/9 that the actual percentage of interaction during each month
bears to 75%. As used in this subdivision, “2-way interaction” means a communication
that occurs between a pupil and the pupil’s teacher or at least 1 of the pupil’s
teachers or another district employee who has responsibility for the pupil’s
learning, grade progression, or academic progress, where 1 party initiates communication and a response from
the other party follows that communication, and that is relevant to course
progress or course content for at least 1 of the courses in which the pupil is
enrolled or relevant to the pupil’s overall academic progress or grade
progression. Responses, as described in this
subdivision, must be to the communication initiated by the teacher, by another district
employee who has responsibility for the pupil’s learning, grade progression, or
academic progress, or by the pupil, and not some other action taken. The communication described
in this subdivision may occur through, but is not limited to, any of the
following means:
(i)
Electronic mail.
(ii)
Telephone.
(iii)
Instant messaging.
(iv)
Face-to-face conversation.
(i) The superintendent shall promulgate
rules for the implementation of this subsection.
(4) Except as otherwise provided in this
subsection, the first 6 days or the equivalent number of hours for which pupil
instruction is not provided because of conditions not within the control of
school authorities, such as severe storms, fires, epidemics, utility power unavailability,
water or sewer failure, or health conditions as defined by the city, county, or
state health authorities, are counted as hours and days of pupil instruction.
With the approval of the superintendent of public instruction, the department
shall count as hours and days of pupil instruction for a fiscal year not more
than 3 additional days or the equivalent number of additional hours for which
pupil instruction is not provided in a district due to unusual and extenuating
occurrences resulting from conditions not within the control of school
authorities such as those conditions described in this subsection. Subsequent
such hours or days are not counted as hours or days of pupil instruction.
(5) A district does not forfeit part of its
state aid appropriation because it adopts or has in existence an alternative
scheduling program for pupils in kindergarten if the program provides at least
the number of hours required under subsection (3) for a full-time equated
membership for a pupil in kindergarten as provided under section 6(4).
(6) In addition to any other penalty or
forfeiture under this section, if at any time the department determines that 1
or more of the following have occurred in a district, the district forfeits in
the current fiscal year beginning in the next payment to be calculated by the
department a proportion of the funds due to the district under this article
that is equal to the proportion below the required minimum number of hours and
days of pupil instruction under subsection (3), as specified in the following:
(a) The district fails to operate its
schools for at least the required minimum number of hours and days of pupil
instruction under subsection (3) in a school year, including hours and days
counted under subsection (4).
(b) The board of the district takes formal
action not to operate its schools for at least the required minimum number of
hours and days of pupil instruction under subsection (3) in a school year,
including hours and days counted under subsection (4).
(7) In providing the minimum number of hours and days of
pupil instruction required under subsection (3), a district shall use the
following guidelines, and a district shall maintain records to substantiate its
compliance with the following guidelines:
(a) Except as otherwise provided in this subsection, a pupil
must be scheduled for at least the required minimum number of hours of
instruction, excluding study halls, or at least the sum of 90 hours plus the
required minimum number of hours of instruction, including up to 2 study halls.
(b) The time a pupil is assigned to any tutorial activity in
a block schedule may be considered instructional time, unless that time is
determined in an audit to be a study hall period.
(c) Except as otherwise provided in this subdivision, a pupil
in grades 9 to 12 for whom a reduced schedule is determined to be in the
individual pupil’s best educational interest must be scheduled for a number of
hours equal to at least 80% of the required minimum number of hours of pupil
instruction to be considered a full-time equivalent pupil. A pupil in grades 9
to 12 who is scheduled in a 4-block schedule may receive a reduced schedule
under this subsection if the pupil is scheduled for a number of hours equal to
at least 75% of the required minimum number of hours of pupil instruction to be
considered a full-time equivalent pupil.
(d) If a pupil in grades 9 to 12 who is enrolled in a
cooperative education program or a special education pupil cannot receive the
required minimum number of hours of pupil instruction solely because of travel
time between instructional sites during the school day, that travel time, up to
a maximum of 3 hours per school week, is considered to be pupil instruction
time for the purpose of determining whether the pupil is receiving the required
minimum number of hours of pupil instruction. However, if a district
demonstrates to the satisfaction of the department that the travel time
limitation under this subdivision would create undue costs or hardship to the
district, the department may consider more travel time to be pupil instruction
time for this purpose.
(e) In grades 7 through 12, instructional time that is part
of a Junior Reserve Officer Training Corps (JROTC) program is considered to be
pupil instruction time regardless of whether the instructor is a certificated
teacher if all of the following are met:
(i) The instructor
has met all of the requirements established by the United States Department of
Defense and the applicable branch of the armed services for serving as an instructor
in the Junior Reserve Officer Training Corps program.
(ii) The board of
the district or intermediate district employing or assigning the instructor
complies with the requirements of sections 1230 and 1230a of the revised school
code, MCL 380.1230 and 380.1230a, with respect to the instructor to the same
extent as if employing the instructor as a regular classroom teacher.
(8) Except as otherwise provided in subsections (11), (12),
and (13), the department shall apply the guidelines under subsection (7) in
calculating the full-time equivalency of pupils.
(9) Upon application by the district for a particular fiscal
year, the superintendent shall waive for a district the minimum number of hours
and days of pupil instruction requirement of subsection (3) for a
department-approved alternative education program or another innovative program
approved by the department, including a 4-day school week. If a district
applies for and receives a waiver under this subsection and complies with the
terms of the waiver, the district is not subject to forfeiture under this
section for the specific program covered by the waiver. If the district does
not comply with the terms of the waiver, the amount of the forfeiture is
calculated based upon a comparison of the number of hours and days of pupil
instruction actually provided to the minimum number of hours and days of pupil
instruction required under subsection (3). A district shall report pupils
enrolled in a department-approved alternative education program under this
subsection to the center in a form and manner determined by the center. All of
the following apply to a waiver granted under this subsection:
(a) If the waiver is for a blended model of delivery, a
waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal
year remains in effect unless it is revoked by the superintendent.
(b) If the waiver is for a 100% online model of delivery and
the educational program for which the waiver is granted makes educational
services available to pupils for a minimum of at least 1,098 hours during a
school year and ensures that each pupil is on track for course completion at
proficiency level, a waiver that is granted for the 2011-2012 fiscal year or a
subsequent fiscal year remains in effect unless it is revoked by the
superintendent.
(c) A waiver that is not a waiver described in subdivision
(a) or (b) is valid for 1 3 fiscal year years, unless it is revoked by the
superintendent, and must be renewed annually at the end of the 3-year
period to remain in effect.
(10) A district may count up to 38 hours of qualifying professional development for teachers as hours of pupil
instruction. All of the following apply to the counting of qualifying professional development as pupil instruction under this
subsection:
(a) If qualifying the professional development exceeds 5 hours in a single day,
that day may be counted as a day of pupil instruction.
(b) At least 8 hours of the qualifying professional development counted as hours of pupil
instruction under this subsection must be recommended by a districtwide
professional development advisory committee appointed by the district board.
The advisory committee must be composed of teachers employed by the district
who represent a variety of grades and subject matter specializations, including
special education; nonteaching staff; parents; and administrators. The majority
membership of the committee shall must be composed of teaching staff.
(c) Professional development provided
online is allowable and encouraged, as long as the instruction has been
approved by the district. The department shall issue a list of approved online
professional development providers , which that must include the Michigan Virtual School.
(d) Qualifying professional Professional development may only be counted as hours of pupil instruction
under this subsection for the pupils of those teachers scheduled to participate in
the qualifying professional development.
(e) For professional The professional development to be considered qualifying professional
development under this subsection, the professional development must meet all of the following to be counted as pupil
instruction under this subsection:
(i)
Is Be aligned to the school or district improvement plan for the
school or district in which the professional development is being provided.
(ii)
Is Be linked to 1 or more criteria in the evaluation tool developed
or adopted by the district or intermediate district under section 1249 of the
revised school code, MCL 380.1249.
(iii)
Has been approved by the department as counting for state continuing education
clock hours. The number of hours of professional development counted as hours
of pupil instruction under this subsection may not exceed the number of state continuing education
clock hours for which the qualifying professional development was approved.
(iv)
Not more than a combined total of 10 hours of the professional development
takes place before the first scheduled day of school for the school year ending
in the fiscal year and after the last scheduled day of school for that school
year.
(v)
No Not more than 10 hours of qualifying the professional development takes place in a
single month.
(vi)
At least 75% of teachers scheduled to participate in the professional
development are in attendance.
(11) Subsections (3) and (8) do not apply
to a school of excellence that is a cyber school, as that term is defined in
section 551 of the revised school code, MCL 380.551, and is in compliance with
section 553a of the revised school code, MCL 380.553a.
(12) Subsections (3) and (8) do not apply
to eligible pupils enrolled in a dropout recovery program that meets the
requirements of section 23a. As used in this subsection, “eligible pupil” means
that term as defined in section 23a.
(13) For the 2020-2021 school year only,
the minimum number of hours and days of pupil instruction requirement under
subsection (3) is waived for all districts. However, for the 2020-2021 school
year only, districts shall, each district that, at a minimum, provide provides pupil instruction for the 2020-2021 school year at school, at a different location, in person, online,
digitally, by other remote means, in a synchronous or asynchronous format, or
through any combination therein that results in an amount of hours and days
necessary to deliver the educational or course content that would have been
delivered in 180 days and 1,098 hours in a school year in which pandemic
learning was not provided and that would have led to course completion. As used
in this subsection, “pandemic learning” means a mode of pupil instruction
provided as a result of the COVID-19 pandemic.
(14) At least every 2 years the
superintendent shall review the waiver standards set forth in the pupil
accounting and auditing manuals to ensure that the waiver standards and waiver
process continue to be appropriate and responsive to changing trends in online
learning. The superintendent shall solicit and consider input from stakeholders
as part of this review.
Sec. 104. (1) In order
to receive state aid under this article, a district shall comply with sections
1249, 1278a, 1278b, 1279g, and 1280b of the revised school code, MCL 380.1249,
380.1278a, 380.1278b, 380.1279g, and 380.1280b, and 1970 PA 38, MCL 388.1081 to
388.1086. Subject to subsection (2), from the state school aid fund money
appropriated in section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $26,009,400.00
$31,009,400.00 for payments on
behalf of districts for costs associated with complying with those provisions
of law. In addition, from the federal funds appropriated in section 11, there
is allocated for 2019-2020 2020-2021
an amount estimated at $6,250,000.00, $6,250,000.00 funded from DED-OESE, title VI, state assessment
funds, and from DED-OSERS, section 504 of part B of the individuals with
disabilities education act, Public Law 94-142, plus any carryover federal funds
from previous year appropriations, for the purposes of complying with the every
student succeeds act, Public
Law 114-95.
(2) The results of each
test administered as part of the Michigan student test of educational progress
(M-STEP), including tests administered to high school students, must include an
item analysis that lists all items that are counted for individual pupil scores
and the percentage of pupils choosing each possible response. The department
shall work with the center to identify the number of students enrolled at the
time assessments are given by each district. In calculating the percentage of
pupils assessed for a district’s scorecard, the department shall use only the
number of pupils enrolled in the district at the time the district administers
the assessments and shall exclude pupils who enroll in the district after the
district administers the assessments.
(3) The department shall
distribute federal funds allocated under this section in accordance with
federal law and with flexibility provisions outlined in Public Law 107-116, and
in the education flexibility partnership act of 1999, Public Law 106-25.
(4) From the funds
allocated in subsection (1), there is allocated an amount not to exceed $2,500,000.00
$1,500,000.00 to an intermediate
district described in this subsection for,
except as otherwise provided in this subsection, statewide implementation
of the Michigan kindergarten entry observation tool (MKEO), beginning in the fall of 2019, utilizing the Maryland-Ohio
observational tool, also referred to as the Kindergarten Readiness Assessment,
as piloted under this subsection in 2017-2018 and implemented in 2018-2019 and
2019-2020. The funding in this subsection is allocated to an intermediate
district in prosperity region 9 with at least 3,000 kindergarten pupils
enrolled in its constituent districts. It is the intent of the legislature
that funding will not be allocated under this subsection for 2020-2021 for the
purposes under this subsection and that statewide implementation of the
Michigan kindergarten entry observation tool (MKEO), as described in this
subsection, will be suspended for 2020-2021. An intermediate district described in this subsection is not required to
carry out the statewide implementation of the Michigan kindergarten entry
observation tool (MKEO), as described in this subsection, for the fall of 2020.
It is the intent of the legislature to account for health, safety, and welfare
concerns related to the COVID-19 pandemic by temporarily suspending the
requirement for statewide implementation of the Michigan kindergarten entry
observation tool (MKEO) under this subsection for the fall of 2020. All of
the following apply to the implementation of the kindergarten entry observation
tool under this subsection:
(a) The department, in
collaboration with all intermediate districts, shall ensure that the Michigan
kindergarten entry observation tool is administered in each kindergarten
classroom to either the full census of kindergarten pupils enrolled in the
classroom or to a representative sample of not less than 35% of the total
kindergarten pupils enrolled in each classroom. If a district elects to
administer the Michigan kindergarten entry observation tool to a random sample
of pupils within each classroom, the district’s intermediate district shall
select the pupils who will receive the assessment based on the same random
method. Beginning in 2021, the observation tool must be administered within 45
days after the start of the school year.
(b) The intermediate
district that receives funding under this subsection, in collaboration with all
other intermediate districts, shall implement a “train the trainer”
professional development model on the usage of the Michigan kindergarten entry
observation tool. This training model must provide training to intermediate
district staff so that they may provide similar training for staff of their
constituent districts. This training model must also ensure that the tool produces
reliable data and that there are a sufficient number of trainers to train all
kindergarten teachers statewide.
(c) By March 1, 2022,
and each year thereafter, the department and the intermediate district that
receives funding under this subsection shall report to the house and senate
appropriations subcommittees on state school aid, the house and senate fiscal
agencies, and the state budget director on the results of the statewide
implementation, including, but not limited to, an evaluation of the demonstrated
readiness of kindergarten pupils statewide and the effectiveness of state and
federal early childhood programs that are designed for school readiness under
this state’s authority, including the great start readiness program and the
great start readiness/Head Start blended program, as referenced under section
32d. By September 1, 2022, and each year thereafter, the department and the
center shall provide a method for districts and public school academies with
kindergarten enrollment to look up and verify their student enrollment data for
pupils who were enrolled in a publicly funded early childhood program in the
year before kindergarten, including the individual great start readiness
program, individual great start readiness/Head Start blended program,
individual title I preschool program, individual section 31a preschool program,
individual early childhood special education program, or individual developmental
kindergarten or program for young 5-year-olds in which each tested child was
enrolled. A participating district shall analyze the data to determine whether
high-performing children were enrolled in any specific early childhood program
and, if so, report that finding to the department and to the intermediate
district that receives funding under this subsection.
(d) The department shall
approve the language and literacy domain within the Kindergarten Readiness
Assessment for use by districts as an initial assessment that may be delivered
to all kindergarten pupils to assist with identifying any possible area of
concern for a pupil in English language arts.
(e) As
used in this subsection:
(i) “Kindergarten” includes a classroom
for young 5-year-olds, commonly referred to as “young 5s” or “developmental
kindergarten”.
(ii) “Representative sample” means a
sample capable of producing valid and reliable assessment information on all or
major subgroups of kindergarten pupils in a district.
(5)
The department may recommend, but may not require, districts to allow pupils to
use an external keyboard with tablet devices for online M-STEP testing,
including, but not limited to, open-ended test items such as constructed
response or equation builder items.
(6)
Notwithstanding section 17b, the department shall make payments on behalf of districts,
intermediate districts, and other eligible entities under this section on a
schedule determined by the department.
(7)
From the allocation in subsection (1), there is allocated an amount not to
exceed $500,000.00 for 2019-2020
2020-2021 for the operation of
an online reporting tool to provide student-level assessment data in a secure
environment to educators, parents, and pupils immediately after assessments are
scored. The department and the center shall ensure that any data collected by
the online reporting tool do not provide individually identifiable student data
to the federal government.
(8) In
order to receive state aid under this article for 2020-2021, a district shall
meet both of the following requirements:
(a)
Within the first 9 weeks of the 2020-2021 school year, the district shall
administer 1 or more benchmark assessments provided by a provider approved
under subsection (9), benchmark assessments described in subsection (10), or
local benchmark assessments, or any combination thereof, to all pupils in
grades K to 8 to measure proficiency in reading and mathematics.
(b) In
addition to the benchmark assessment or benchmark assessments administered
under subdivision (a), by not later than the last day of the 2020-2021 school
year, the district shall administer 1 or more benchmark assessments provided by
a provider approved under subsection (9), benchmark assessments described in
subsection (10), or local benchmark assessments, or any combination thereof, to
all pupils in grades K to 8 to measure proficiency in reading and mathematics.
(9)
The department shall approve at least 4 but not more than 5 providers of
benchmark assessments for the purposes of subsection (8). The department shall
inform districts of all of the providers approved under this subsection in an
equitable manner. The benchmark assessments provided for the purposes of
subsection (8) by approved providers under this subsection, with the
exclusion of the benchmark assessment described in subsection (14), must meet
all of the following:
(a) Be
1 of the most commonly administered benchmark assessments in this state.
(b) Be
aligned to the content standards of this state.
(c)
Complement the state’s summative assessment system.
(d) Be
internet-delivered and include a standards-based remote, in-person, or both remote and in-person assessment using a
computer-adaptive model to target the instructional level of each pupil.
(e)
Provide information on pupil achievement with regard to learning content
required in a given year or grade span.
(f)
Provide immediate feedback to pupils and teachers.
(g) Be
nationally normed.
(h)
Provide multiple measures of growth and provide for multiple testing
opportunities.
(10) A
district may administer 1 or more of the following benchmark assessments toward
meeting the requirement under subsection (8):
(a) A
benchmark assessment in reading for students in grades K to 9 that contains
progress monitoring tools and enhanced diagnostic assessments.
(b) A
benchmark assessment in math for students in grades K to 8 that contains
progress monitoring tools.
(11)
To the extent practicable, if a district administers a benchmark assessment or
benchmark assessments under this section, the district shall administer the
same benchmark assessment or benchmark assessments provided by a provider
approved under subsection (9), benchmark assessment or benchmark assessments
described in subsection (10), or local benchmark assessment or local benchmark
assessments that it administered to pupils in previous school years, as applicable.
(12)
By not later than June 30, 2021, a district shall send the aggregate
district-level data from a benchmark assessment or benchmark assessments,
excluding data from a local benchmark assessment or local benchmark
assessments, administered under this section to a regional data hub that is
part of the Michigan data hub network that shall compile the data and send it
to the center. Not later than August September 1, 2021, the department and the center shall provide a
report to the governor and the senate and house standing committees responsible
for education legislation identifying the number and percentage of pupils in
this state who are significantly behind grade level as determined by the
department and the center based on the data provided to the center under this
subsection. The benchmark assessment data under this subsection may also be
used to measure pupils’ growth based on their performance on state summative
assessments to identify districts and schools where pupil achievement has
increased or decreased. However, the benchmark assessment data under this
subsection must not be utilized for the state accountability system. It is the
intent of the legislature that the benchmark assessment data under this
subsection be primarily utilized to determine the loss of learning, if any,
resulting from the COVID-19 pandemic. After the administration of statewide
assessments resumes, the department shall also provide a report to the governor
and the senate and house standing committees responsible for education
legislation identifying the specific pupil groups whose expected trajectory
toward grade-level proficiency were most impacted by school closures that
occurred pursuant to the COVID-19 pandemic.
(13)
If a district administers a benchmark assessment or benchmark assessments under
this section, the district shall provide each pupil’s data from the benchmark
assessment or benchmark assessments, as available, to the pupil’s parent or legal
guardian within 30 days of administering the benchmark assessment or benchmark
assessments.
(14)
The department shall make 1 of the benchmark assessments provided by a provider
approved under subsection (9) available to districts at no cost to the districts.
The benchmark assessment described in this subsection must meet all of the
following:
(a) Be
aligned to the content standards of this state.
(b)
Complement the state’s summative assessment system.
(c) Be
internet-delivered and include a standards-based assessment.
(d)
Provide information on pupil achievement with regard to learning content
required in a given year or grade span.
(e)
Provide timely feedback to pupils and teachers.
(f) Be
nationally normed.
(g)
Provide information to educators about student growth and allow for multiple
testing opportunities.
(15)
If a local benchmark assessment or local benchmark assessments are administered
under subsection (8), the district shall report to the department and the
center, in a form and manner prescribed by the center, the local benchmark
assessment or local benchmark assessments that were administered and how that
assessment or those assessments measure changes, including any losses, as
applicable, in learning, and the district’s plan for addressing any losses in
learning.
(16) It is the intent of the legislature to
appropriate funding for a study to be conducted by a From the general fund money
appropriated in section 11, there is allocated for 2020-2021 an amount not to
exceed $150,000.00 to a higher education institution or other
entity that is not a state governmental entity that has expertise in conducting
a study described in this subsection . It is the intent of the legislature that the study described in
this subsection must, to conduct a study that, at a minimum, accomplish accomplishes all of the following:
(a) Provide Provides for an assessment of the distance-learning
programs utilized in this state that were effective at meeting educational
goals and attainment.
(b) Provide Provides for an assessment of how the programs
described in subdivision (a) operated.
(c) Provide Provides for an assessment of the best practices
implemented by the programs described in subdivision (a) that should be
replicated by schools engaged in distance learning.
(d) Note Notes distance-learning models that were
ineffective in achieving educational goals.
(17)
As used in this section:
(a) “DED”
means the United States Department of Education.
(b) “DED-OESE”
means the DED Office of Elementary and Secondary Education.
(c) “DED-OSERS”
means the DED Office of Special Education and Rehabilitative Services.
Sec. 104f. (1) From the general
fund money appropriated under section 11, there is allocated an amount not to
exceed $500,000.00 for the implementation of an assessment digital literacy
preparation program for pupils enrolled in grades K to 8 for 2020-2021. The
department shall ensure that a program funded under this subsection satisfies
all of the following:
(a) Is available to districts in the 2020-2021
school year.
(b) Focuses on ensuring pupils have the necessary
skills required for state online assessments by assessing pupil digital
literacy skill levels and providing teachers with a digital curriculum targeted
at areas of determined weakness.
(c) Allows pupils to engage with the digital
curriculum in an independent or teacher-facilitated modality.
(d) Includes training and professional
development for teachers.
(e) Is implemented in at least
100 districts that operate grades K to 8 and that represent a diverse geography
and socio-economic demographic.
(2) Funding under subsection
(1) must be allocated to a district that did not receive funding under former
section 104e for 2017-2018 and that operates at least grades K to 8 and has a
partnership with a third party that is experienced in the assessment of digital
literacy and the preparation of digital literacy skills and has demonstrable
experience serving districts in this state and local education agencies in 10
other states. The district, along with its third-party partner, shall provide a
report to the house and senate appropriations subcommittees on state school aid
and the house and senate fiscal agencies on the efficacy and usefulness of the
assessment digital literacy preparation program no later than July 1, 2021.
(3) Notwithstanding section
17b, the department shall make payments under subsection (1) by not later than
December 1, 2020.
Sec. 104g. (1) For the 2020-2021 school year
only, a district shall make the SAT available in the fall of 2020 to pupils who
were in grade 11 during the 2019-2020 school year and who were not able to take
the examination during the 2019-2020 school year.
(2) For the 2020-2021 school
year only, a district shall make the PSAT available in the fall of 2020 to
pupils who were in grades 8, 9, and 10 during the 2019-2020 school year and who
were not able to take the examination during the 2019-2020 school year.
(3) The examinations offered by
a district in subsections (1) and (2) are not considered state summative
assessments or the college entrance portion of the Michigan merit examination
for the 2020-2021 school year.
(4) Pupils must be encouraged
but not required to take the examinations under subsections (1) and (2).
Sec.
105. (1) In order to avoid a penalty under this section, and in order to count
a nonresident pupil residing within the same intermediate district in
membership without the approval of the pupil’s district of residence, a
district shall must comply
with this section.
(2) Except as otherwise
provided in this section, a district shall determine whether or not it will
accept applications for enrollment by nonresident applicants residing within
the same intermediate district for the next school year. If the district
determines to accept applications for enrollment of a number of nonresidents,
beyond those entitled to preference under this section, the district shall use
the following procedures for accepting applications from and enrolling
nonresidents:
(a) The district shall
publish the grades, schools, and special programs, if any, for which enrollment
may be available to, and for which applications will be accepted from,
nonresident applicants residing within the same intermediate district.
(b) If the district has
a limited number of positions available for nonresidents residing within the
same intermediate district in a grade, school, or program, all of the following
apply to accepting applications for and enrollment of nonresidents in that
grade, school, or program:
(i) The district shall do all of the following not later than the
second Friday in August:
(A) Provide notice to
the general public that applications will be taken for a period of at least 15
calendar days but not more than 30 calendar days from nonresidents residing
within the same intermediate district for enrollment in that grade, school, or
program. The notice shall must identify
the dates of the application period and the place and manner for submitting
applications.
(B) During the
application period under sub-subparagraph (A), accept applications from nonresidents
residing within the same intermediate district for enrollment in that grade,
school, or program.
(C) Within 15 calendar
days after the end of the application period under sub-subparagraph (A) or, for 2020-2021 only, not later than
October 13, 2020, using the procedures and preferences required under this
section, determine which nonresident applicants will be allowed to enroll in
that grade, school, or program, using the random draw system required under
subsection (14) as necessary, and notify the parent or legal guardian of each
nonresident applicant of whether or not the applicant may enroll in the
district. The notification to parents or legal guardians of nonresident
applicants accepted for enrollment shall must contain notification of the date by which the applicant must
enroll in the district and procedures for enrollment. The date for enrollment shall
must be no later than the end of
the first week of school, or, for
2020-2021 only, not later than October 13, 2020.
(ii) Beginning on the third Monday in August and not later than the
end of the first week of school ,
or, for 2020-2021 only, not later
than October 13, 2020, if any positions become available in a grade,
school, or program due to accepted applicants failing to enroll or to more positions
being added, the district may enroll nonresident applicants from the waiting
list maintained under subsection (14), offering enrollment in the order that
applicants appear on the waiting list. If there are still positions available
after enrolling all applicants from the waiting list who desire to enroll, the
district may not fill those positions until the second semester or trimester
enrollment under subsection (3), as provided under that subsection, or until
the next school year.
(c) For a grade, school,
or program that has an unlimited number of positions available for nonresidents
residing within the same intermediate district, all of the following apply to
enrollment of nonresidents in that grade, school, or program:
(i) The district may accept applications for enrollment in that
grade, school, or program, and may enroll nonresidents residing within the same
intermediate district in that grade, school, or program , until the end of the first week of school or, for 2020-2021 only, the district may enroll
nonresidents residing within the same intermediate district in that grade,
school, or program until October 13, 2020 if the application was received by
the end of the first week of school. The district shall provide notice to
the general public of the place and manner for submitting applications and, if
the district has a limited application period, the notice shall must include the dates of the
application period. The application period shall be at least a 15-calendar-day
period.
(ii) Not later than the end of the first week of school , or, for 2020-2021 only, not later than October 13, 2020, the
district shall notify the parent or legal guardian of each nonresident
applicant who is accepted for enrollment that the applicant has been accepted
for enrollment in the grade, school, or program and of the procedures for
enrollment. The date for enrollment shall must be no later than the end of the first week of school or, for 2020-2021 only, not later than
October 13, 2020.
(3) If a district
determines during the first semester or trimester of a school year that it has
positions available for enrollment of a number of nonresidents residing within
the same intermediate district, beyond those entitled to preference under this
section, for the second semester or trimester of the school year, the district
may accept applications from and enroll nonresidents residing within the same
intermediate district for the second semester or trimester using the following
procedures:
(a) Not later than 2
weeks before the end of the first semester or trimester, the district shall
publish the grades, schools, and special programs, if any, for which enrollment
for the second semester or trimester may be available to, and for which
applications will be accepted from, nonresident applicants residing within the
same intermediate district.
(b) During the last 2
weeks of the first semester or trimester, the district shall accept
applications from nonresidents residing within the same intermediate district
for enrollment for the second semester or trimester in the available grades,
schools, and programs.
(c) By the beginning of
the second semester or trimester, using the procedures and preferences required
under this section, the district shall determine which nonresident applicants
will be allowed to enroll in the district for the second semester or trimester
and notify the parent or legal guardian of each nonresident applicant residing
within the same intermediate district of whether or not the applicant may
enroll in the district. The notification to parents or legal guardians of
nonresident applicants accepted for enrollment shall must contain notification of the date
by which the applicant must enroll in the district and procedures for
enrollment. The date for enrollment shall must be no later than the end of the first week of school.
(4) If deadlines similar
to those described in subsection (2) or (3) have been established in an
intermediate district, and if those deadlines are not later than the deadlines
under subsection (2) or (3), the districts within the intermediate district may
use those deadlines.
(5) A district offering
to enroll nonresident applicants residing within the same intermediate district
may limit the number of nonresident pupils it accepts in a grade, school, or program,
at its discretion, and may use that limit as the reason for refusal to enroll
an applicant.
(6) A nonresident
applicant residing within the same intermediate district shall must not be granted or refused
enrollment based on intellectual, academic, artistic, or other ability, talent,
or accomplishment, or lack thereof, or based on a mental or physical disability,
except that a district may refuse to admit a nonresident applicant if the
applicant does not meet the same criteria, other than residence, that an
applicant who is a resident of the district must meet to be accepted for
enrollment in a grade or a specialized, magnet, or intra-district choice school
or program to which the applicant applies.
(7) A nonresident
applicant residing within the same intermediate district shall must not be granted or refused
enrollment based on age, except that a district may refuse to admit a
nonresident applicant applying for a program that is not appropriate for the
age of the applicant.
(8) A nonresident
applicant residing within the same intermediate district shall must not be granted or refused
enrollment based upon religion, race, color, national origin, sex, height,
weight, marital status, or athletic ability, or, generally, in violation of any
state or federal law prohibiting discrimination.
(9) Subject to
subsection (10), a district may refuse to enroll a nonresident applicant if any
of the following are met:
(a) The applicant is, or
has been within the preceding 2 years, suspended from another school.
(b) The
applicant, at any time before enrolling under this section, has been expelled
from another school.
(c) The applicant, at
any time before enrolling under this section, has been convicted of a felony.
(10) If a district has
counted a pupil in membership on either the pupil membership count day or the
supplemental count day, the district shall not refuse to enroll or refuse to
continue to enroll that pupil for a reason specified in subsection (9). This
subsection does not prohibit a district from expelling a pupil described in
this subsection for disciplinary reasons.
(11) A district shall
continue to allow a pupil who was enrolled in and attended the district under
this section in the school year or semester or trimester immediately preceding
the school year or semester or trimester in question to enroll in the district
until the pupil graduates from high school. This subsection does not prohibit a
district from expelling a pupil described in this subsection for disciplinary
reasons.
(12) A district shall give
preference for enrollment under this section over all other nonresident
applicants residing within the same intermediate district to other school-age
children who reside in the same household as a pupil described in subsection
(11).
(13) If a nonresident
pupil was enrolled in and attending school in a district as a nonresident pupil
in the 1995-96 school year and continues to be enrolled continuously each
school year in that district, the district shall allow that nonresident pupil
to continue to enroll in and attend school in the district until high school
graduation, without requiring the nonresident pupil to apply for enrollment
under this section. This subsection does not prohibit a district from expelling
a pupil described in this subsection for disciplinary reasons.
(14) If the number of
qualified nonresident applicants eligible for acceptance in a school, grade, or
program does not exceed the positions available for nonresident pupils in the
school, grade, or program, the school district shall accept for enrollment all
of the qualified nonresident applicants eligible for acceptance. If the number
of qualified nonresident applicants residing within the same intermediate
district eligible for acceptance exceeds the positions available in a grade,
school, or program in a district for nonresident pupils, the district shall use
a random draw system, subject to the need to abide by state and federal
antidiscrimination laws and court orders and subject to preferences allowed by
this section. The district shall develop and maintain a waiting list based on
the order in which nonresident applicants were drawn under this random draw
system.
(15) If a district, or
the nonresident applicant, requests the district in which a nonresident
applicant resides to supply information needed by the district for evaluating
the applicant’s application for enrollment or for enrolling the applicant, the
district of residence shall provide that information on a timely basis.
(16) If a district is
subject to a court-ordered desegregation plan, and if the court issues an order
prohibiting pupils residing in that district from enrolling in another district
or prohibiting pupils residing in another district from enrolling in that
district, this section is subject to the court order.
(17) This section does
not require a district to provide transportation for a nonresident pupil
enrolled in the district under this section or for a resident pupil enrolled in
another district under this section. However, at the time a nonresident pupil
enrolls in the district, a district shall provide to the pupil’s parent or
legal guardian information on available transportation to and from the school
in which the pupil enrolls.
(18) A district may
participate in a cooperative education program with 1 or more other districts
or intermediate districts whether or not the district enrolls any nonresidents pursuant
to under this section.
(19) A district that, pursuant
to under this section, enrolls a
nonresident pupil who is eligible for special education programs and services
according to statute or rule, or who is a child with disabilities, as defined
under the individuals with disabilities education act, Public Law 108-446, shall
be is considered to be the
resident district of the pupil for the purpose of providing the pupil with a
free appropriate public education. Consistent with state and federal law, that
district is responsible for developing and implementing an individualized
education plan program annually
for a nonresident pupil described in this subsection.
(20) If a district does
not comply with this section, the district forfeits 5% of the total state
school aid allocation to the district under this act.
(21) Upon application by
a district, the superintendent may grant a waiver for the district from a
specific requirement under this section for not more than 1 year.
Sec.
105c. (1) In order to avoid a penalty under this section, and in order to count
a nonresident pupil residing in a district located in a contiguous intermediate
district in membership without the approval of the pupil’s district of
residence, a district shall must comply
with this section.
(2) Except as otherwise
provided in this section, a district shall determine whether or not it will
accept applications for enrollment by nonresident applicants residing in a
district located in a contiguous intermediate district for the next school
year. If the district determines to accept applications for enrollment of a
number of nonresidents under this section, beyond those entitled to preference
under this section, the district shall use the following procedures for
accepting applications from and enrolling nonresidents under this section:
(a)
The district shall publish the grades, schools, and special programs, if any,
for which enrollment may be available to, and for which applications will be
accepted from, nonresident applicants residing in a district located in a
contiguous intermediate district.
(b) If
the district has a limited number of positions available for nonresidents
residing in a district located in a contiguous intermediate district in a
grade, school, or program, all of the following apply to accepting applications
for and enrollment of nonresidents under this section in that grade, school, or
program:
(i) The district shall do all of the
following not later than the second Friday in August:
(A)
Provide notice to the general public that applications will be taken for a
period of at least 15 calendar days but not more than 30 calendar days from
nonresidents residing in a district located in a contiguous intermediate
district for enrollment in that grade, school, or program. The notice shall must identify the dates of the
application period and the place and manner for submitting applications.
(B)
During the application period under sub-subparagraph (A), accept applications
from nonresidents residing in a district located in a contiguous intermediate
district for enrollment in that grade, school, or program.
(C)
Within 15 calendar days after the end of the application period under sub-subparagraph
(A) or, for 2020-2021 only, not later
than October 13, 2020, using the procedures and preferences required under
this section, determine which nonresident applicants will be allowed to enroll
under this section in that grade, school, or program, using the random draw
system required under subsection (14) as necessary, and notify the parent or
legal guardian of each nonresident applicant of whether or not the applicant
may enroll in the district. The notification to parents or legal guardians of
nonresident applicants accepted for enrollment under this section shall must contain notification of the date
by which the applicant must enroll in the district and procedures for
enrollment. The date for enrollment shall must be no later than the end of the first week of school or, for 2020-2021 only, not later than
October 13, 2020.
(ii) Beginning on the third Monday in
August and not later than the end of the first week of school or, for 2020-2021 only, not later than
October 13, 2020, if any positions become available in a grade, school, or
program due to accepted applicants failing to enroll or to more positions being
added, the district may enroll nonresident applicants from the waiting list
maintained under subsection (14), offering enrollment in the order that
applicants appear on the waiting list. If there are still positions available
after enrolling all applicants from the waiting list who desire to enroll, the
district may not fill those positions until the second semester or trimester
enrollment under subsection (3), as provided under that subsection, or until
the next school year.
(c)
For a grade, school, or program that has an unlimited number of positions
available for nonresidents residing in a district located in a contiguous
intermediate district, all of the following apply to enrollment of nonresidents
in that grade, school, or program under this section:
(i) The district may accept applications
for enrollment in that grade, school, or program, and may enroll nonresidents
residing in a district located in a contiguous intermediate district in that
grade, school, or program , until
the end of the first week of school or,
for 2020-2021 only, the district may enroll nonresidents residing in a district
located in a contiguous intermediate district in that grade, school, or program
until October 13, 2020 if the application was received by the end of the first
week of school. The district shall provide notice to the general public of
the place and manner for submitting applications and, if the district has a
limited application period, the notice shall must include the dates of the application period. The application
period shall must be at least
a 15-calendar-day period.
(ii) Not later than the end of the first
week of school or, for 2020-2021 only, not
later than October 13, 2020, the district shall notify the parent or legal
guardian of each nonresident applicant who is accepted for enrollment under
this section that the applicant has been accepted for enrollment in the grade,
school, or program and of the date by which the applicant must enroll in the
district and the procedures for enrollment. The date for enrollment shall must be no later than the end of the
first week of school or, for 2020-2021
only, not later than October 13, 2020.
(3) If
a district determines during the first semester or trimester of a school year
that it has positions available for enrollment of a number of nonresidents
residing in a district located in a contiguous intermediate district, beyond
those entitled to preference under this section, for the second semester or
trimester of the school year, the district may accept applications from and
enroll nonresidents residing in a district located in a contiguous intermediate
district for the second semester or trimester using the following procedures:
(a)
Not later than 2 weeks before the end of the first semester or trimester, the
district shall publish the grades, schools, and special programs, if any, for
which enrollment for the second semester or trimester may be available to, and
for which applications will be accepted from, nonresident applicants residing
in a district located in a contiguous intermediate district.
(b)
During the last 2 weeks of the first semester or trimester, the district shall
accept applications from nonresidents residing in a district located in a
contiguous intermediate district for enrollment for the second semester or
trimester in the available grades, schools, and programs.
(c) By
the beginning of the second semester or trimester, using the procedures and
preferences required under this section, the district shall determine which
nonresident applicants will be allowed to enroll under this section in the
district for the second semester or trimester and notify the parent or legal
guardian of each nonresident applicant residing in a district located in a
contiguous intermediate district of whether or not the applicant may enroll in
the district. The notification to parents or legal guardians of nonresident
applicants accepted for enrollment shall must contain notification of the date by which the applicant must
enroll in the district and procedures for enrollment. The date for enrollment shall
must be no later than the end of
the first week of school.
(4) If
deadlines similar to those described in subsection (2) or (3) have been
established in an intermediate district, and if those deadlines are not later
than the deadlines under subsection (2) or (3), the districts within the
intermediate district may use those deadlines.
(5) A
district offering to enroll nonresident applicants residing in a district
located in a contiguous intermediate district may limit the number of those
nonresident pupils it accepts in a grade, school, or program, at its
discretion, and may use that limit as the reason for refusal to enroll an
applicant under this section.
(6) A
nonresident applicant residing in a district located in a contiguous
intermediate district shall must not
be granted or refused enrollment based on intellectual, academic, artistic, or
other ability, talent, or accomplishment, or lack thereof, or based on a mental
or physical disability, except that a district may refuse to admit a
nonresident applicant under this section if the applicant does not meet the
same criteria, other than residence, that an applicant who is a resident of the
district must meet to be accepted for enrollment in a grade or a specialized,
magnet, or intra-district choice school or program to which the applicant
applies.
(7) A
nonresident applicant residing in a district located in a contiguous
intermediate district shall must not
be granted or refused enrollment under this section based on age, except that a
district may refuse to admit a nonresident applicant applying for a program
that is not appropriate for the age of the applicant.
(8) A nonresident
applicant residing in a district located in a contiguous intermediate district shall
must not be granted or refused
enrollment under this section based upon religion, race, color, national
origin, sex, height, weight, marital status, or athletic ability, or,
generally, in violation of any state or federal law prohibiting discrimination.
(9)
Subject to subsection (10), a district may refuse to enroll a nonresident
applicant under this section if any of the following are met:
(a)
The applicant is, or has been within the preceding 2 years, suspended from
another school.
(b)
The applicant, at any time before enrolling under this section, has been
expelled from another school.
(c)
The applicant, at any time before enrolling under this section, has been
convicted of a felony.
(10)
If a district has counted a pupil in membership on either the pupil membership
count day or the supplemental count day, the district shall not refuse to
enroll or refuse to continue to enroll that pupil for a reason specified in
subsection (9). This subsection does not prohibit a district from expelling a
pupil described in this subsection for disciplinary reasons.
(11) A
district shall continue to allow a pupil who was enrolled in and attended the
district under this section in the school year or semester or trimester
immediately preceding the school year or semester or trimester in question to
enroll in the district until the pupil graduates from high school. This
subsection does not prohibit a district from expelling a pupil described in
this subsection for disciplinary reasons.
(12) A
district shall give preference for enrollment under this section over all other
nonresident applicants residing in a district located in a contiguous
intermediate district to other school-age children who reside in the same
household as a pupil described in subsection (11).
(13)
If a nonresident pupil was enrolled in and attending school in a district as a
nonresident pupil in the 1995-96 school year and continues to be enrolled
continuously each school year in that district, the district shall allow that
nonresident pupil to continue to enroll in and attend school in the district
until high school graduation, without requiring the nonresident pupil to apply
for enrollment under this section. This subsection does not prohibit a district
from expelling a pupil described in this subsection for disciplinary reasons.
(14)
If the number of qualified nonresident applicants eligible for acceptance under
this section in a school, grade, or program does not exceed the positions
available for nonresident pupils under this section in the school, grade, or
program, the school district shall accept for enrollment all of the qualified
nonresident applicants eligible for acceptance. If the number of qualified nonresident
applicants residing in a district located in a contiguous intermediate district
eligible for acceptance under this section exceeds the positions available in a
grade, school, or program in a district for nonresident pupils, the district
shall use a random draw system, subject to the need to abide by state and
federal antidiscrimination laws and court orders and subject to preferences
allowed by this section. The district shall develop and maintain a waiting list
based on the order in which nonresident applicants were drawn under this random
draw system.
(15)
If a district, or the nonresident applicant, requests the district in which a
nonresident applicant resides to supply information needed by the district for
evaluating the applicant’s application for enrollment or for enrolling the applicant
under this section, the district of residence shall provide that information on
a timely basis.
(16)
If a district is subject to a court-ordered desegregation plan, and if the
court issues an order prohibiting pupils residing in that district from enrolling
in another district or prohibiting pupils residing in another district from
enrolling in that district, this section is subject to the court order.
(17)
This section does not require a district to provide transportation for a
nonresident pupil enrolled in the district under this section or for a resident
pupil enrolled in another district under this section. However, at the time a
nonresident pupil enrolls in the district, a district shall provide to the pupil’s
parent or legal guardian information on available transportation to and from
the school in which the pupil enrolls.
(18) A
district may participate in a cooperative education program with 1 or more
other districts or intermediate districts whether or not the district enrolls
any nonresidents pursuant to this section.
(19)
In order for a district or intermediate district to enroll pursuant to under this section a nonresident pupil
who resides in a district located in a contiguous intermediate district and who
is eligible for special education programs and services according to statute or
rule, or who is a child with disabilities, as defined under the individuals
with disabilities education act, Public Law 108-446, the enrolling district
shall have a written agreement with the resident district of the pupil for the
purpose of providing the pupil with a free appropriate public education. The
written agreement shall must include,
but is not limited to, an agreement on the responsibility for the payment of the
added costs of special education programs and services for the pupil. The
written agreement shall must address
how the agreement shall must be
amended in the event of significant changes in the costs or level of special
education programs or services required by the pupil.
(20)
If a district does not comply with this section, the district forfeits 5% of
the total state school aid allocation to the district under this act.
(21)
Upon application by a district, the superintendent may grant a waiver for the district
from a specific requirement under this section for not more than 1 year.
(22)
This section is repealed if the final decision of a court of competent
jurisdiction holds that any portion of this section is unconstitutional,
ineffective, invalid, or in violation of federal law.
(23)
As used in this section, “district located in a contiguous intermediate
district” means a district located in an intermediate district that is
contiguous to the intermediate district in which a pupil’s district of
residence is located.
Sec. 107. (1) From the
appropriation in section 11, there is allocated an amount not to exceed $30,000,000.00 for 2019-2020 2020-2021 for adult education programs
authorized under this section. Except as otherwise provided under subsections
(14) and (15), funds allocated under this section are restricted for adult
education programs as authorized under this section only. A recipient of funds
under this section shall not use those funds for any other purpose.
(2) To
be eligible for funding under this section, an eligible adult education
provider shall employ certificated teachers and qualified administrative staff
and shall offer continuing education opportunities for teachers to allow them
to maintain certification.
(3) To
be eligible to be a participant funded under this section, an individual must
be enrolled in an adult basic education program, an adult secondary education
program, an adult English as a second language program, a high school
equivalency test preparation program, or a high school completion program, that
meets the requirements of this section, and for which instruction is provided,
and the individual must be at least 18 years of age and the individual’s
graduating class must have graduated.
(4) By
April 1 of each fiscal year, the intermediate districts within a prosperity
region or subregion shall determine which intermediate district will serve as
the prosperity region’s or subregion’s fiscal agent for the next fiscal year
and shall notify the department in a form and manner determined by the
department. The department shall approve or disapprove of the prosperity region’s
or subregion’s selected fiscal agent. From the funds allocated under subsection
(1), an amount as determined under this subsection is allocated to each intermediate
district serving as a fiscal agent for adult education programs in each of the
prosperity regions or subregions identified by the department. An intermediate
district shall not use more than 5% of the funds allocated under this
subsection for administration costs for serving as the fiscal agent. Beginning
in 2019-2020, the The allocation
provided to each intermediate district serving as a fiscal agent is an amount
equal to what the intermediate district received in 2018-2019. The funding factors
for this section are as follows:
(a) Sixty percent of this
portion of the funding is distributed based upon the proportion of the state
population of individuals between the ages of 18 and 24 that are not high
school graduates that resides in each of the prosperity regions or subregions,
as reported by the most recent 5-year estimates from the American Community
Survey (ACS) from the United States Census Bureau.
(b) Thirty-five percent of this
portion of the funding is distributed based upon the proportion of the state
population of individuals age 25 or older who are not high school graduates
that resides in each of the prosperity regions or subregions, as reported by
the most recent 5-year estimates from the American Community Survey (ACS) from
the United States Census Bureau.
(c) Five percent of this
portion of the funding is distributed based upon the proportion of the state
population of individuals age 18 or older who lack basic English language
proficiency that resides in each of the prosperity regions or subregions, as
reported by the most recent 5-year estimates from the American Community Survey
(ACS) from the United States Census Bureau.
(5) To
be an eligible fiscal agent, an intermediate district must agree to do the
following in a form and manner determined by the department:
(a)
Distribute funds to adult education programs in a prosperity region or
subregion as described in this section.
(b)
Collaborate with the career and educational advisory council, which is an
advisory council of the workforce development boards located in the prosperity
region or subregion, or its successor, to develop a regional strategy that
aligns adult education programs and services into an efficient and effective
delivery system for adult education learners, with special consideration for
providing contextualized learning and career pathways and addressing barriers
to education and employment.
(c)
Collaborate with the career and educational advisory council, which is an
advisory council of the workforce development boards located in the prosperity
region or subregion, or its successor, to create a local process and criteria
that will identify eligible adult education providers to receive funds
allocated under this section based on location, demand for services, past
performance, quality indicators as identified by the department, and cost to
provide instructional services. The fiscal agent shall determine all local
processes, criteria, and provider determinations. However, the local processes,
criteria, and provider services must be approved by the department before funds
may be distributed to the fiscal agent.
(d)
Provide oversight to its adult education providers throughout the program year
to ensure compliance with the requirements of this section.
(e)
Report adult education program and participant data and information as
prescribed by the department.
(6) An
adult basic education program, an adult secondary education program, or an
adult English as a second language program operated on a year-round or school
year basis may be funded under this section, subject to all of the following:
(a)
The program enrolls adults who are determined by a department-approved
assessment, in a form and manner prescribed by the department, to be below
twelfth grade level in reading or mathematics, or both, or to lack basic
English proficiency.
(b)
The program tests individuals for eligibility under subdivision (a) before
enrollment and upon completion of the program in compliance with the
state-approved assessment policy.
(c) A
participant in an adult basic education program is eligible for reimbursement
until 1 of the following occurs:
(i) The participant’s reading and mathematics
proficiency are assessed at or above the ninth grade level.
(ii) The participant fails to show
progress on 2 successive assessments after having completed at least 450 hours
of instruction.
(d) A
participant in an adult secondary education program is eligible for
reimbursement until 1 of the following occurs:
(i) The participant’s reading and
mathematics proficiency are assessed above the twelfth grade level.
(ii) The participant fails to show
progress on 2 successive assessments after having at least 450 hours of
instruction.
(e) A
funding recipient enrolling a participant in an English as a second language
program is eligible for funding according to subsection (9) until the
participant meets 1 of the following:
(i) The participant is assessed as having
attained basic English proficiency as determined by a department-approved
assessment.
(ii) The participant fails to show progress
on 2 successive department-approved assessments after having completed at least
450 hours of instruction. The department shall provide information to a funding
recipient regarding appropriate assessment instruments for this program.
(7) A high school
equivalency test preparation program operated on a year-round or school year
basis may be funded under this section, subject to all of the following:
(a) The program enrolls
adults who do not have a high school diploma or a high school equivalency certificate.
(b) The program
administers a pre-test approved by the department before enrolling an
individual to determine the individual’s literacy levels, administers a high
school equivalency practice test to determine the individual’s potential for
success on the high school equivalency test, and administers a post-test upon
completion of the program in compliance with the state-approved assessment
policy.
(c) A funding recipient
receives funding according to subsection (9) for a participant, and a participant
may be enrolled in the program until 1 of the following occurs:
(i) The participant achieves a high school equivalency certificate.
(ii) The participant fails to show progress on 2 successive
department-approved assessments used to determine readiness to take a high
school equivalency test after having completed at least 450 hours of
instruction.
(8) A high school
completion program operated on a year-round or school year basis may be funded
under this section, subject to all of the following:
(a) The program enrolls
adults who do not have a high school diploma.
(b) The program tests
participants described in subdivision (a) before enrollment and upon completion
of the program in compliance with the state-approved assessment policy.
(c) A funding recipient
receives funding according to subsection (9) for a participant in a course
offered under this subsection until 1 of the following occurs:
(i) The participant passes the course and earns a high school
diploma.
(ii) The participant fails to earn credit in 2 successive semesters
or terms in which the participant is enrolled after having completed at least
900 hours of instruction.
(9) The department shall
make payments to a funding recipient under this section in accordance with all
of the following:
(a) Statewide allocation
criteria, including 3-year average enrollments, census data, and local needs.
(b) Participant
completion of the adult basic education objectives by achieving an educational
gain as determined by the national reporting system levels; for achieving basic
English proficiency, as determined by the department; for achieving a high
school equivalency certificate or passage of 1 or more individual high school
equivalency tests; for attainment of a high school diploma or passage of a
course required for a participant to attain a high school diploma; for
enrollment in a postsecondary institution, or for entry into or retention of
employment, as applicable.
(c) Participant
completion of core indicators as identified in the innovation and opportunity
act.
(d) Allowable
expenditures.
(10) A person who is not
eligible to be a participant funded under this section may receive adult
education services upon the payment of tuition. In addition, a person who is
not eligible to be served in a program under this section due to the program
limitations specified in subsection (6), (7), or (8) may continue to receive
adult education services in that program upon the payment of tuition. The local
or intermediate district conducting the program shall determine the tuition
amount.
(11) An individual who
is an inmate in a state correctional facility is not counted as a participant
under this section.
(12) A funding recipient
shall not commingle money received under this section or from another source
for adult education purposes with any other funds and shall establish a
separate ledger account for funds received under this section. This subsection
does not prohibit a district from using general funds of the district to
support an adult education or community education program.
(13) A funding recipient
receiving funds under this section may establish a sliding scale of tuition
rates based upon a participant’s family income. A funding recipient may charge
a participant tuition to receive adult education services under this section
from that sliding scale of tuition rates on a uniform basis. The amount of
tuition charged per participant must not exceed the actual operating cost per
participant minus any funds received under this section per participant. A
funding recipient may not charge a participant tuition under this section if
the participant’s income is at or below 200% of the federal poverty guidelines
published by the United States Department of Health and Human Services.
(14) In order to receive
funds under this section, a funding recipient shall furnish to the department,
in a form and manner determined by the department, all information needed to
administer this program and meet federal reporting requirements; shall allow
the department or the department’s designee to review all records related to
the program for which it receives funds; and shall reimburse the state for all
disallowances found in the review, as determined by the department. In
addition, a funding recipient shall agree to pay to a career and technical
education program under section 61a the amount of funding received under this
section in the proportion of career and technical education coursework used to
satisfy adult basic education programming, as billed to the funding recipient
by programs operating under section 61a. In addition to the funding allocated
under subsection (1), there is allocated for 2019-2020 2020-2021 an amount not to exceed $500,000.00 to reimburse funding
recipients for administrative and instructional expenses associated with commingling
programming under this section and section 61a. The department shall make
payments under this subsection to each funding recipient in the same proportion
as funding calculated and allocated under subsection (4).
(15) From the amount
appropriated in subsection (1), an amount not to exceed $4,000,000.00 is allocated for 2019-2020
2020-2021 for grants to adult
education or state-approved career
technical center programs that connect adult education participants with
employers as provided under this subsection. The department shall determine the
amount of the grant to each program under this subsection, not to exceed $350,000.00.
To be eligible for funding under this
subsection, a program must provide a collaboration linking adult education
programs within the county, the area career technical center, and local employers.
To receive funding under this subsection, an eligible program must satisfy all
of the following:
(a) Connect adult
education participants directly with employers by linking adult education,
career and technical skills, and workforce development.
(b) Require adult
education staff to work with Michigan Works! agency to identify a cohort of
participants who are most prepared to successfully enter the workforce. Participants
Except as otherwise provided under
this subdivision, participants identified under this subsection must be
dually enrolled in adult education programming and in at least 1 state-approved technical course at the
area career and technical center. A
program that links participants identified under this subsection with adult
education programming and commercial driver license courses does not need to
enroll the participants in at least 1 state-approved technical course at the
area career and technical center to be considered an eligible program under
this subsection.
(c) Employ an individual
staffed as an adult education navigator who will serve as a caseworker for each
participant identified under subdivision (b). The navigator shall work with
adult education staff and potential employers to design an educational program
best suited to the personal and employment needs of the participant and shall
work with human service agencies or other entities to address any barrier in
the way of participant access.
(16) A program that was a pilot program in
2017-2018 and that was funded under this section in 2017-2018 is funded in
2019-2020 unless the program ceases operation. The intermediate district in
which that pilot program was funded is the fiscal agent for that program and
shall apply for that program’s funding under subsection (15).
(16) (17) Each program funded
under subsection (15) will receive funding for 3 years. After 3 years of
operations and funding, a program must reapply for funding.
(17) (18) Not later than December
1 , 2020, of each year, a program funded under subsection
(15) shall provide a report to the senate and house appropriations
subcommittees on school aid, to the senate and house fiscal agencies, and to
the state budget director identifying the number of participants, graduation
rates, and a measure of transition to employment.
(18) It is the intent of the
legislature to implement a phased-in cap on the percentage of adult education
participants under subsection (15) that may already have a high school diploma or
a high school equivalency certificate at the time of enrollment.
(19) The department
shall approve at least 3 high school equivalency tests and determine whether a
high school equivalency certificate meets the requisite standards for high
school equivalency in this state.
(20) As used in this section:
(a) “Career and
educational advisory council” means an advisory council to the local workforce
development boards located in a prosperity region consisting of educational,
employer, labor, and parent representatives.
(b) “Career pathway”
means a combination of rigorous and high-quality education, training, and other
services that comply with all of the following:
(i) Aligns with the skill needs of industries in the economy of this
state or in the regional economy involved.
(ii) Prepares an individual to be successful in any of a full range
of secondary or postsecondary education options, including apprenticeships
registered under the act of August 16, 1937 (commonly known as the “national
apprenticeship act”), 29 USC 50 et seq.
(iii) Includes counseling to support an individual in achieving the
individual’s education and career goals.
(iv) Includes, as appropriate, education offered concurrently with
and in the same context as workforce preparation activities and training for a
specific occupation or occupational cluster.
(v) Organizes education, training, and
other services to meet the particular needs of an individual in a manner that
accelerates the educational and career advancement of the individual to the
extent practicable.
(vi) Enables an individual to attain a
secondary school diploma or its recognized equivalent, and at least 1
recognized postsecondary credential.
(vii) Helps an individual enter or
advance within a specific occupation or occupational cluster.
(c) “Department”
means the department of labor and economic opportunity.
(d) “Eligible
adult education provider” means a district, intermediate district, a consortium
of districts, a consortium of intermediate districts, or a consortium of districts
and intermediate districts that is identified as part of the local process
described in subsection (5)(c) and approved by the department.
Sec. 147. (1) The
allocation for 2019-2020 2020-2021
for the public school employees’ retirement system pursuant to the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437,
is made using the individual projected benefit entry age normal cost method of
valuation and risk assumptions adopted by the public school employees
retirement board and the department of technology, management, and budget.
(2)
The annual level percentage of payroll contribution rates for the 2019-2020 2020-2021 fiscal year, as determined by
the retirement system, are estimated as follows:
(a)
For public school employees who first worked for a public school reporting unit
before July 1, 2010 and who are enrolled in the health premium subsidy, the
annual level percentage of payroll contribution rate is estimated at 39.91%,
42.72% with 27.50% 28.21% paid directly by the employer.
(b)
For public school employees who first worked for a public school reporting unit
on or after July 1, 2010 and who are enrolled in the health premium subsidy,
the annual level percentage of payroll contribution rate is estimated at 36.96%,
39.76% with 24.55% 25.25% paid directly by the employer.
(c)
For public school employees who first worked for a public school reporting unit
on or after July 1, 2010 and who participate in the personal healthcare fund,
the annual level percentage of payroll contribution rate is estimated at 36.44%,
38.90% with 24.03% 24.39% paid directly by the employer.
(d)
For public school employees who first worked for a public school reporting unit
on or after September 4, 2012, who elect defined contribution, and who
participate in the personal healthcare fund, the annual level percentage of
payroll contribution rate is estimated at 33.37% 35.47% with 20.96% paid directly by the employer.
(e)
For public school employees who first worked for a public school reporting unit
before July 1, 2010, who elect defined contribution, and who are enrolled in
the health premium subsidy, the annual level percentage of payroll contribution
rate is estimated at 33.89% 36.33%
with 21.48% 21.82% paid directly
by the employer.
(f)
For public school employees who first worked for a public school reporting unit
before July 1, 2010, who elect defined contribution, and who participate in the
personal healthcare fund, the annual level percentage of payroll contribution
rate is estimated at 33.37%, 35.47%
with 20.96% paid directly by the employer.
(g)
For public school employees who first worked for a public school reporting unit
before July 1, 2010 and who participate in the personal healthcare fund, the
annual level percentage of payroll contribution rate is estimated at 39.39%,
41.86% with 26.98% 27.35% paid directly by the employer.
(h)
For public school employees who first worked for a public school reporting unit
after January 31, 2018 and who elect to become members of the MPSERS plan, the
annual level percentage of payroll contribution rate is estimated at 39.57% 41.67% with 27.16% paid directly by the
employer.
(3) In
addition to the employer payments described in subsection (2), the employer
shall pay the applicable contributions to the Tier 2 plan, as determined by the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437.
(4)
The contribution rates in subsection (2) reflect an amortization period of 19
18 years for 2019-2020. 2020-2021. The public school employees’
retirement system board shall notify each district and intermediate district by
February 28 of each fiscal year of the estimated contribution rate for the next
fiscal year.
Sec. 147a. (1) From the
appropriation in section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $100,000,000.00 for payments to
participating districts. A participating district that receives money under
this subsection shall use that money solely for the purpose of offsetting a
portion of the retirement contributions owed by the district for the fiscal
year in which it is received. The amount allocated to each participating
district under this subsection is based on each participating district’s
percentage of the total statewide payroll for all participating districts for
the immediately preceding fiscal year. As used in this subsection, “participating
district” means a district that is a reporting unit of the Michigan public
school employees’ retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that reports
employees to the Michigan public school employees’ retirement system for the
applicable fiscal year.
(2) In
addition to the allocation under subsection (1), from the state school aid fund
money appropriated under section 11, there is allocated an amount not to exceed
$171,986,000.00 $155,136,000.00 for
2019-2020 2020-2021 for
payments to participating districts and intermediate districts and from the
general fund money appropriated under section 11, there is allocated an amount
not to exceed $83,000.00 $70,000.00
for 2019-2020 2020-2021 for
payments to participating district libraries. The amount allocated to each
participating entity under this subsection is based on each participating
entity’s percentage of the total statewide payroll for that type of
participating entity for the immediately preceding fiscal year. reported quarterly payroll for members that
became tier 1 prior to February 1, 2018 for the current fiscal year. A
participating entity that receives money under this subsection shall use that
money solely for the purpose of offsetting a portion of the normal cost
contribution rate. As used in this subsection:
(a) “District
library” means a district library established under the district library
establishment act, 1989 PA 24, MCL 397.171 to 397.196.
(b) “Participating
entity” means a district, intermediate district, or district library that is a
reporting unit of the Michigan public school employees’ retirement system under
the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437, and that reports employees to the Michigan public school employees’
retirement system for the applicable fiscal year.
Sec. 147c. From the
state school aid fund money appropriated in section 11, there is allocated for 2019-2020
2020-2021 an amount not to
exceed $1,000,400,000.00, and from the MPSERS retirement obligation reform
reserve fund money appropriated in section 11, there is allocated for 2019-2020
an amount not to exceed $30,000,000.00, $1,219,300,000.00 for payments to districts and intermediate
districts that are participating entities of the Michigan public school
employees’ retirement system. In addition, from the general fund money
appropriated in section 11, there is allocated for 2019-2020 2020-2021 an amount not to exceed $500,000.00 for payments to
district libraries that are participating entities of the Michigan public
school employees’ retirement system. All of the following apply to funding
under this subsection:
(a)
For 2019-2020, 2020-2021, the
amounts allocated under this subsection are estimated to provide an average
MPSERS rate cap per pupil amount of $693.00 $827.00 and are estimated to provide a rate cap per pupil for
districts ranging between $4.00 $5.00
and $4,000.00.
(b)
Payments made under this subsection are equal to the difference between the
unfunded actuarial accrued liability contribution rate as calculated pursuant
to section 41 of the public school employees retirement act of 1979, 1980 PA
300, MCL 38.1341, as calculated without taking into account the maximum
employer rate of 20.96% included in section 41 of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate
of 20.96% included in section 41 of the public school employees retirement act
of 1979, 1980 PA 300, MCL 38.1341.
(c)
The amount allocated to each participating entity under this subsection is
based on each participating entity’s proportion of the total covered payroll
for the immediately preceding fiscal year for the same type of participating
entities. A participating entity that receives funds under this subsection
shall use the funds solely for the purpose of retirement contributions as
specified in subdivision (d).
(d)
Each participating entity receiving funds under this subsection shall forward
an amount equal to the amount allocated under subdivision (c) to the retirement
system in a form, manner, and time frame determined by the retirement system.
(e)
Funds allocated under this subsection should be considered when comparing a
district’s growth in total state aid funding from 1 fiscal year to the next.
(f)
Not later than December 20, 2019, 2020,
the department shall publish and post on its website an estimated MPSERS
rate cap per pupil for each district.
(g)
The office of retirement services shall first apply funds allocated under this
subsection to pension contributions and, if any funds remain after that
payment, shall apply those remaining funds to other postemployment benefit
contributions.
(h) As
used in this section:
(i) “District library” means a district
library established under the district library establishment act, 1989 PA 24,
MCL 397.171 to 397.196.
(ii) “MPSERS rate cap per pupil” means an
amount equal to the quotient of the district’s payment under this subsection
divided by the district’s pupils in membership.
(iii) “Participating entity” means a
district, intermediate district, or district library that is a reporting unit
of the Michigan public school employees’ retirement system under the public
school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437,
and that reports employees to the Michigan public school employees’ retirement
system for the applicable fiscal year.
(iv) “Retirement board” means the board
that administers the retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(v) “Retirement system” means the Michigan public school employees’
retirement system under the public school employees retirement act of 1979,
1980 PA 300, MCL 38.1301 to 38.1437.
Sec.
147e. (1) From the appropriation in section 11, there is allocated for 2019-2020
2020-2021 an amount not to
exceed $1,900,000.00 from the MPSERS retirement obligation reform reserve fund
and $26,471,000.00 $51,400,000.00 from
the state school aid fund for payments to participating entities.
(2) The payment to each
participating entity under this section is the sum of the amounts under this
subsection as follows:
(a) An amount equal to the
contributions made by a participating entity for the additional contribution
made to a qualified participant’s Tier 2 account in an amount equal to the
contribution made by the qualified participant not to exceed 3% of the
qualified participant’s compensation as provided for under section 131(6) of
the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1431.
(b) Beginning October 1,
2017, an amount equal to the contributions made by a participating entity for a
qualified participant who is only a Tier 2 qualified participant under section
81d of the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1381d, not to exceed 4%, and, beginning February 1, 2018, not to exceed
1%, of the qualified participant’s compensation.
(c) An amount equal to
the increase in employer normal cost contributions under section 41b(2) of the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341b, for
a member that was hired after February 1, 2018 and chose to participate in Tier
1, compared to the employer normal cost contribution for a member under section
41b(1) of the public school employees retirement act of 1979, 1980 PA 300, MCL
38.1341b.
(3) As used in this
section:
(a) “Member” means that
term as defined under the public school employees retirement act of 1979, 1980
PA 300, MCL 38.1301 to 38.1437.
(b) “Participating
entity” means a district, intermediate district, or community college that is a
reporting unit of the Michigan public school employees’ retirement system under
the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to
38.1437, and that reports employees to the Michigan public school employees’
retirement system for the applicable fiscal year.
(c) “Qualified
participant” means that term as defined under section 124 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1424.
Sec.
152a. (1) As required by the court in the consolidated cases known as Adair v State of Michigan, 486 Mich 468
(2010), from the state school aid fund money appropriated in section 11, there
is allocated for 2019-2020 2020-2021
an amount not to exceed $38,000,500.00 to
be used solely for the purpose of paying necessary costs related to the
state-mandated collection, maintenance, and reporting of data to this state.
(2) From the allocation
in subsection (1), the department shall make payments to districts and
intermediate districts in an equal amount per-pupil based on the total number
of pupils in membership in each district and intermediate district. The
department shall not make any adjustment to these payments after the final
installment payment under section 17b is made.
Sec.
152b. (1) From the general fund money appropriated under section 11, there is
allocated an amount not to exceed $2,500,000.00 for 2017-2018 and an amount
not to exceed $250,000.00 $100.00 for
2018-2019 2020-2021 to
reimburse actual costs incurred by nonpublic schools in complying with a
health, safety, or welfare requirement mandated by a law or administrative rule
of this state.
(2) By January 1 of each
applicable fiscal year, the department shall publish a form for reporting
actual costs incurred by a nonpublic school in complying with a health, safety,
or welfare requirement mandated under state law containing each health, safety,
or welfare requirement mandated by a law or administrative rule of this state
applicable to a nonpublic school and with a reference to each relevant
provision of law or administrative rule for the requirement. The form shall must be posted on the department’s
website in electronic form.
(3) By June 30 of each
applicable fiscal year, a nonpublic school seeking reimbursement for actual
costs incurred in complying with a health, safety, or welfare requirement under
a law or administrative rule of this state during each applicable school year
shall submit a completed form described in subsection (2) to the department.
This section does not require a nonpublic school to submit a form described in
subsection (2). A nonpublic school is not eligible for reimbursement under this
section if the nonpublic school does not submit the form described in
subsection (2) in a timely manner.
(4) By August 15 of each
applicable fiscal year, the department shall distribute funds to each nonpublic
school that submits a completed form described under subsection (2) in a timely
manner. The superintendent shall determine the amount of funds to be paid to
each nonpublic school in an amount that does not exceed the nonpublic school’s
actual costs in complying with a health, safety, or welfare requirement under a
law or administrative rule of this state. The superintendent shall calculate a
nonpublic school’s actual cost in accordance with this section.
(5) If
the funds allocated under this section are insufficient to fully fund payments
as otherwise calculated under this section, the department shall distribute
funds under this section on a prorated or other equitable basis as determined
by the superintendent.
(6)
The department may review the records of a nonpublic school submitting a form
described in subsection (2) only for the limited purpose of verifying the
nonpublic school’s compliance with this section. If a nonpublic school does not
allow the department to review records under this subsection, the nonpublic
school is not eligible for reimbursement under this section.
(7)
The funds appropriated under this section are for purposes related to
education, are considered to be incidental to the operation of a nonpublic
school, are noninstructional in character, and are intended for the public
purpose of ensuring the health, safety, and welfare of the children in
nonpublic schools and to reimburse nonpublic schools for costs described in
this section.
(8)
Funds allocated under this section are not intended to aid or maintain any
nonpublic school, support the attendance of any student at a nonpublic school,
employ any person at a nonpublic school, support the attendance of any student
at any location where instruction is offered to a nonpublic school student, or
support the employment of any person at any location where instruction is
offered to a nonpublic school student.
(9)
For purposes of this section, “actual cost” means the hourly wage for the
employee or employees performing a task or tasks required to comply with a
health, safety, or welfare requirement under a law or administrative rule of
this state identified by the department under subsection (2) and is to be
calculated in accordance with the form published by the department under
subsection (2), which shall must include
a detailed itemization of costs. The nonpublic school shall not charge more
than the hourly wage of its lowest-paid employee capable of performing a
specific task regardless of whether that individual is available and regardless
of who actually performs a specific task. Labor costs under this subsection shall
must be estimated and charged in
increments of 15 minutes or more, with all partial time increments rounded
down. When calculating costs under subsection (4), fee components shall must be itemized in a manner that
expresses both the hourly wage and the number of hours charged. The nonpublic
school may not charge any applicable labor charge amount to cover or partially
cover the cost of health or fringe benefits. A nonpublic school shall not
charge any overtime wages in the calculation of labor costs.
(10)
For the purposes of this section, the actual cost incurred by a nonpublic
school for taking daily student attendance shall be is considered an actual cost in complying with a health, safety, or
welfare requirement under a law or administrative rule of this state. Training
fees, inspection fees, and criminal background check fees are considered actual
costs in complying with a health, safety, or welfare requirement under a law or
administrative rule of this state.
(11)
The funds allocated under this section for 2017-2018 are a work project
appropriation, and any unexpended funds for 2017-2018 are carried forward into
2018-2019. The purpose of the work project is to continue to reimburse
nonpublic schools for actual costs incurred in complying with a health, safety,
or welfare requirement mandated by a law or administrative rule of this state.
The estimated completion date of the work project is September 30, 2020.2022.
(12)
The funds allocated under this section for 2018-2019 are a work project
appropriation, and any unexpended funds for 2018-2019 are carried forward into
2019-2020. The purpose of the work project is to continue to reimburse
nonpublic schools for actual costs incurred in complying with a health, safety,
or welfare requirement mandated by a law or administrative rule of this state.
The estimated completion date of the work project is September 30, 2020.2022.
(13) The funds allocated under this section for 2020-2021 are a
work project appropriation, and any unexpended funds for 2020-2021 are carried
forward into 2021-2022. The purpose of the work project is to continue to
reimburse nonpublic schools for actual costs incurred in complying with a
health, safety, or welfare requirement mandated by a law or administrative rule
of this state. The estimated completion date of the work project is September
30, 2023.
Sec. 163. (1) Except as
provided in the revised school code, the board of a district or intermediate district
shall not permit any of the following:
(a) Except
for an individual engaged to teach under section 1233b of the revised school
code, MCL 380.1233b, an An individual
who does not hold is not
appropriately placed under a valid certificate, or who is not working under a valid substitute permit,
authorization, or approval issued under rules promulgated by the department to
teach in an elementary or secondary school.
(b) An
individual who does not satisfy the requirements of section 1233 of the revised
school code, MCL 380.1233, and rules promulgated by the department to provide
school counselor services to pupils in an elementary or secondary school.
(c) An
individual who does not satisfy the requirements of section 1246 of the revised
school code, MCL 380.1246, or who is not working under a valid substitute
permit issued under rules promulgated by the department, to be employed as a
superintendent, principal, or assistant principal, or as an individual whose
primary responsibility is to administer instructional programs in an elementary
or secondary school, or in a district or intermediate district.
(2)
Except as provided in the revised school code, a district or intermediate
district employing individuals in violation of this section shall have deducted
the sum equal to the amount paid the individuals for the period of employment.
Each intermediate superintendent shall notify the department of the name of the
individual employed in violation of this section, and the district employing
that individual and the amount of salary the individual was paid within a
constituent district.
(3) If
a school official is notified by the department that he or she is employing an
individual in violation of this section and knowingly continues to employ that
individual, the school official is guilty of a misdemeanor punishable by a fine
of $1,500.00 for each incidence. This penalty is in addition to all other
financial penalties otherwise specified in this article.
Sec. 201. (1) Subject to the conditions set forth in this
article, the amounts listed in this section are appropriated for community
colleges for the fiscal year ending September 30, 2020, 2021, from the funds indicated in this section. The following is a summary
of the appropriations in this section: and section 201c:
(a) The gross appropriation is $414,719,000.00. $425,667,600.00. After deducting total interdepartmental grants and
intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation
is $414,719,000.00.$425,667,600.00.
(b) The sources of the adjusted gross
appropriation described in subdivision (a) are as follows:
(i)
Total federal revenues, $36,273,400.00.$0.00.
(ii)
Total local revenues, $0.00.
(iii)
Total private revenues, $0.00.
(iv)
Total other state restricted revenues, $378,445,600.00.$425,667,600.00.
(v)
State general fund/general purpose money, $0.00.
(2) Subject to subsection (3), the amount
appropriated for community college operations is $289,200,000.00, $325,440,000.00, allocated as follows:
(a) The appropriation for Alpena Community
College is $5,127,800.00, $5,058,300.00 $5,767,500.00,
$5,753,300.00 for operations, $50,200.00 $0.00 for performance funding, and $19,300.00
$14,200.00 for costs incurred
under the North American Indian tuition waiver.
(b) The appropriation for Bay de Noc
Community College is $5,112,800.00, $4,926,700.00 $5,719,500.00,
$5,602,800.00 for operations, $48,200.00 $0.00 for performance funding, and $137,900.00
$116,700.00 for costs incurred
under the North American Indian tuition waiver.
(c) The appropriation for Delta College is $13,502,300.00, $13,371,000.00 $15,208,200.00,
$15,160,500.00 for operations, $90,400.00 $0.00 for performance funding, and $40,900.00
$47,700.00 for costs incurred
under the North American Indian tuition waiver.
(d) The appropriation for Glen Oaks Community
College is $2,355,300.00, $2,323,300.00 $2,651,200.00,
$2,651,200.00 for operations, $30,800.00 $0.00 for performance funding, and $1,200.00
$0.00 for costs incurred under
the North American Indian tuition waiver.
(e) The appropriation for Gogebic Community
College is $4,387,500.00, $4,287,700.00 $4,923,300.00,
$4,873,700.00 for operations, $39,900.00 $0.00 for performance funding, and $59,900.00
$49,600.00 for costs incurred
under the North American Indian tuition waiver.
(f) The appropriation for Grand Rapids
Community College is $16,909,400.00, $16,540,900.00 $19,007,000.00,
$18,773,100.00 for operations, $128,200.00 $0.00 for performance funding, and $240,300.00
$233,900.00 for costs incurred
under the North American Indian tuition waiver.
(g) The appropriation for Henry Ford
College is $20,049,300.00, $19,873,500.00 $22,557,600.00,
$22,533,100.00 for operations, $134,200.00 $0.00 for performance funding, and $41,600.00
$24,500.00 for costs incurred
under the North American Indian tuition waiver.
(h) The appropriation for Jackson College
is $11,373,300.00, $11,258,700.00 $12,814,200.00,
$12,756,200.00 for operations, $67,900.00 $0.00 for performance funding, and $46,700.00
$58,000.00 for costs incurred
under the North American Indian tuition waiver.
(i) The appropriation for Kalamazoo Valley
Community College is $11,687,700.00, $11,551,400.00 $13,163,700.00,
$13,099,900.00 for operations, $80,300.00 $0.00 for performance funding, and $56,000.00
$63,800.00 for costs incurred
under the North American Indian tuition waiver.
(j) The appropriation for Kellogg Community
College is $9,195,800.00, $9,056,400.00 $10,328,700.00,
$10,267,100.00 for operations, $60,000.00 $0.00 for performance funding, and $79,400.00
$61,600.00 for costs incurred
under the North American Indian tuition waiver.
(k) The appropriation for Kirtland Community College is $3,016,600.00, $2,940,500.00 $3,394,800.00,
$3,358,400.00 for operations, $41,500.00 $0.00 for performance funding, and $34,600.00
$36,400.00 for costs incurred
under the North American Indian tuition waiver.
(l) The
appropriation for Lake Michigan College is $5,074,900.00, $5,028,600.00 $5,711,300.00,
$5,702,700.00 for operations, $35,000.00 $0.00 for performance funding, and $11,300.00
$8,600.00 for costs incurred
under the North American Indian tuition waiver.
(m) The appropriation for Lansing Community College is $29,324,000.00, $28,992,800.00 $33,010,000.00,
$32,852,000.00 for operations, $177,300.00 $0.00 for performance funding, and $153,900.00
$158,000.00 for costs incurred
under the North American Indian tuition waiver.
(n) The appropriation for Macomb Community College is $30,470,600.00, $30,227,700.00 $34,319,500.00,
$34,276,100.00 for operations, $206,900.00 $0.00 for performance funding, and $36,000.00
$43,400.00 for costs incurred
under the North American Indian tuition waiver.
(o) The appropriation for Mid Michigan Community College is $4,743,500.00, $4,528,800.00 $5,309,200.00,
$5,184,400.00 for operations, $74,600.00 $0.00 for performance funding, and $140,100.00
$124,800.00 for costs incurred
under the North American Indian tuition waiver.
(p) The appropriation for Monroe County Community College is $4,215,200.00, $4,179,000.00 $4,746,700.00,
$4,746,200.00 for operations, $35,300.00 $0.00 for performance funding, and $900.00
$500.00 for costs incurred under
the North American Indian tuition waiver.
(q) The appropriation for Montcalm Community College is $3,176,100.00, $3,144,500.00 $3,577,700.00,
$3,570,600.00 for operations, $25,900.00 $0.00 for performance funding, and $5,700.00
$7,100.00 for costs incurred
under the North American Indian tuition waiver.
(r) The appropriation for C.S. Mott Community College is $14,610,900.00, $14,496,100.00 $16,464,000.00,
$16,440,000.00 for operations, $101,400.00 $0.00 for performance funding, and $13,400.00
$24,000.00 for costs incurred
under the North American Indian tuition waiver.
(s) The appropriation for Muskegon Community College is $8,325,300.00, $8,195,900.00 $9,363,000.00,
$9,289,100.00 for operations, $52,100.00 $0.00 for performance funding, and $77,300.00
$73,900.00 for costs incurred
under the North American Indian tuition waiver.
(t) The appropriation for North Central Michigan College is $3,187,300.00, $2,981,700.00 $3,562,700.00,
$3,389,300.00 for operations, $27,700.00 $0.00 for performance funding, and $177,900.00
$173,400.00 for costs incurred
under the North American Indian tuition waiver.
(u) The appropriation for Northwestern Michigan College is $8,741,600.00, $8,438,400.00 $9,843,100.00,
$9,567,100.00 for operations, $56,500.00 $0.00 for performance funding, and $246,700.00
$276,000.00 for costs incurred
under the North American Indian tuition waiver.
(v) The appropriation for Oakland Community College is $19,746,000.00, $19,563,700.00 $22,246,800.00, $22,211,700.00
for operations, $158,600.00 $0.00 for performance funding, and $23,700.00
$35,100.00 for costs incurred
under the North American Indian tuition waiver.
(w) The appropriation for Schoolcraft College is $11,784,200.00, $11,614,500.00 $13,236,500.00,
$13,196,200.00 for operations, $102,700.00 $0.00 for performance funding, and $67,000.00
$40,300.00 for costs incurred
under the North American Indian tuition waiver.
(x) The appropriation for Southwestern Michigan College is $6,236,900.00, $6,155,700.00 $7,016,600.00,
$6,979,400.00 for operations, $41,500.00 $0.00 for performance funding, and $39,700.00
$37,200.00 for costs incurred
under the North American Indian tuition waiver.
(y) The appropriation for St. Clair County Community College
is $6,566,000.00, $6,508,200.00 $7,388,600.00,
$7,385,200.00 for operations, $49,300.00 $0.00 for performance funding, and $8,500.00
$3,400.00 for costs incurred
under the North American Indian tuition waiver.
(z) The appropriation for Washtenaw Community College is $12,334,000.00, $12,191,500.00 $13,888,200.00,
$13,855,900.00 for operations, $111,500.00 $0.00 for performance funding, and $31,000.00
$32,300.00 for costs incurred
under the North American Indian tuition waiver.
(aa) The appropriation for Wayne County Community College is $15,630,100.00, $15,502,900.00 $17,608,300.00,
$17,593,400.00 for operations, $118,700.00 $0.00 for performance funding, and $8,500.00
$14,900.00 for costs incurred
under the North American Indian tuition waiver.
(bb) The appropriation for West Shore Community College is $2,315,600.00, $2,278,500.00 $2,612,100.00,
$2,585,600.00 for operations, $17,300.00 $0.00 for performance funding, and $19,800.00
$26,500.00 for costs incurred
under the North American Indian tuition waiver.
(3) The amount appropriated in subsection (2) for community
college operations is $289,200,000.00 $325,440,000.00 and is appropriated from the state school aid fund.
(4) From the appropriations described in subsection (1), both
of the following apply:
(a) Subject to section 207a, the amount appropriated for
fiscal year 2019-2020 2020-2021 to offset certain fiscal year 2019-2020 2020-2021 retirement contributions is $1,733,600.00, appropriated from
the state school aid fund.
(b) For fiscal year 2019-2020, 2020-2021, there is allocated an amount not to exceed $12,212,000.00 $12,394,000.00 for payments to participating community colleges,
appropriated from the state school aid fund. A community college that receives
money under this subdivision shall use that money solely for the purpose of
offsetting the normal cost contribution rate.
(5) From the appropriations described in
subsection (1), subject to section 207b, the amount appropriated for payments
to community colleges that are participating entities of the retirement system
is $73,100,000.00, $83,900,000.00 appropriated from the state school aid fund.
(6) From the appropriations described in
subsection (1), subject to section 207c, the amount appropriated for
renaissance zone tax reimbursements is $2,200,000.00, appropriated from the
state school aid fund. Each community college receiving funds in this subsection shall
accrue these payments to its institutional fiscal year ending June 30, 2021.
(7) If the department of technology, management,
and budget determines that this state has overpaid the amount of operations and
performance funding allocated to a community college under this article, the
department shall establish as a receivable the amount of overpayment and shall
recoup the amount from the community college in subsequent monthly
apportionments of operations and performance funding. The full amount of
overpayment must be recouped within 1 fiscal year.
Sec. 202a. As used in this article:
(a) “Center” means the center for educational
performance and information created in section 94a.
(b) “Michigan renaissance zone act” means
the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696.
(c) “Participating college” means a
community college that is a reporting unit of the retirement system and that reports
employees to the retirement system for the state fiscal year.
(d) “Retirement board” means the board that
administers the retirement system under the public school employees retirement
act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(e) “Retirement system” means the Michigan
public school employees’ retirement system under the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.
(f) “Workforce development agency” means the
workforce development agency within the department of talent and economic
development—talent investment agency.
Sec. 203. Unless otherwise specified, a community college
that receives appropriations in section 201 , the workforce development agency, and the center shall use the internet to fulfill the
reporting requirements of this article. This requirement may include includes transmission of reports via electronic mail to the recipients
identified for each reporting requirement or it may include and placement of reports on an internet or intranet site.
Sec. 205. The To the extent possible, the principal executive officer of each community college that
receives appropriations in section 201 shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for and perform
contracts to provide services or supplies, or both. Each principal executive
officer shall strongly encourage businesses with which the community college
contracts to subcontract with certified businesses in depressed and deprived
communities for services or supplies, or both.
Sec. 206. (1) The funds appropriated in section 201 are
appropriated for community colleges with fiscal years ending June 30, 2020 2021 and shall be paid out of the state treasury and distributed
by the state treasurer to the respective community colleges in 11 monthly
installments on the sixteenth of each month, or the next succeeding business
day, beginning with October 16, 2019. 2020. Each community college shall accrue its July and August 2020 2021 payments to its institutional fiscal year ending June 30, 2020.2021.
(2) If the state budget director determines
that a community college failed to submit any of the information described in
subdivisions (a) to (f) in the form and manner specified by the center, the
state treasurer shall, subject to subdivision (g), withhold the monthly
installments from that community college until those data are submitted:
(a) The Michigan community colleges
verified data inventory data for the preceding academic year to the center by
the first business day of November December for fiscal year
2020-2021 and the first business day of November of each year thereafter as specified in section 217.
(b) The college credit opportunity data set
as specified in section 209.
(c) The longitudinal data set for the
preceding academic year to the center as specified in section 219.
(d) The annual independent audit as
specified in section 222.
(e) Tuition and mandatory fees information
for the current academic year as specified in section 225.
(f) The number and type of associate
degrees and other certificates awarded during the previous academic year as
specified in section 226.
(g) The state budget director shall notify
the chairs of the house and senate appropriations subcommittees on community
colleges at least 10 days before withholding funds from any community college.
Sec. 207a. All of the following apply to the allocation of
the fiscal year 2019-2020 2020-2021 appropriations described in section 201(4):
(a) A community college that receives money
under section 201(4) shall use that money solely for the purpose of offsetting
a portion of the retirement contributions owed by the college for that fiscal
year.
(b) The amount allocated to each
participating community college under section 201(4) shall be based on each
college’s percentage of the total covered payroll for all community colleges
that are participating colleges in the immediately preceding fiscal year.
Sec. 207b. All of the following apply to the allocation of
the fiscal year 2019-2020 2020-2021 appropriations described in section 201(5) for payments to
community colleges that are participating entities of the retirement system:
(a) The amount of a payment under section
201(5) shall be the difference between the unfunded actuarial accrued liability
contribution rate as calculated under section 41 of the public school employees
retirement act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking
into account the maximum employer rate of 20.96% included in section 41 of the
public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and
the maximum employer rate of 20.96% under section 41 of the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1341.
(b) The amount allocated to each community
college under section 201(5) shall be based on each community college’s
percentage of the total covered payroll for all community colleges that are
participating colleges in the immediately preceding fiscal year. A community
college that receives funds under this subdivision shall use the funds solely
for the purpose of retirement contributions under section 201(5).
(c) Each participating college that
receives funds under section 201(5) shall forward an amount equal to the amount
allocated under subdivision (b) to the retirement system in a form and manner
determined by the retirement system.
Sec. 207c. All of the following apply to the allocation of
the appropriations described in section 201(6) to community colleges described
in section 12(3) of the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692:
(a) The amount allocated to each community
college under section 201(6) for fiscal year 2019-2020 2020‑2021 shall be based on that community college’s proportion of
total revenue lost by community colleges as a result of the exemption of
property taxes levied in 2019 2020 under the Michigan renaissance zone act, 1996 PA 376, MCL
125.2681 to 125.2696.
(b) The appropriations described in section
201(6) shall be made to each eligible community college within 60 days after
the department of treasury certifies to the state budget director that it has
received all necessary information to properly determine the amounts payable to
each eligible community college under section 12 of the Michigan renaissance
zone act, 1996 PA 376, MCL 125.2692.
Sec. 209. (1) Within 30 days after the board of a community
college adopts its annual operating budget for the following fiscal year, or
after the board adopts a subsequent revision to that budget, the community
college shall make all of the following available through a link on its website
homepage:
(a) The annual operating budget and
subsequent budget revisions.
(b) A link to the most recent “Michigan
Community College Data Inventory Report”.
(c) General fund revenue and expenditure
projections for the current fiscal year and the next fiscal year.
(d) A listing of all debt service
obligations, detailed by project, anticipated payment of each project, and
total outstanding debt for the current fiscal year.
(e) Links to all of the following for the
community college:
(i)
The current collective bargaining agreement for each bargaining unit.
(ii)
Each health care benefits plan, including, but not limited to, medical, dental,
vision, disability, long-term care, or any other type of benefits that would constitute
health care services, offered to any bargaining unit or employee of the
community college.
(iii)
Audits and financial reports for the most recent fiscal year for which they are
available.
(iv)
A copy of the board of trustees resolution regarding compliance with best
practices for the local strategic value component described in section 230(2).
(f) A map that includes the boundaries of
the community college district.
(2) For statewide consistency and public
visibility, community colleges must use the icon badge provided by the
department of technology, management, and budget consistent with the icon badge
developed by the department of education for K-12 school districts. It must
appear on the front of each community college’s homepage. The size of the icon
may be reduced to 150 x 150 pixels.
(3) The state budget director shall
determine whether a community college has complied with this section. The state
budget director may withhold a community college’s monthly installments
described in section 206 until the community college complies with this
section. The state budget director shall notify the chairs of the house and
senate appropriations subcommittee on community colleges at least 10 days
before withholding funds from any community college.
(4) Each community college shall report the
following information to the senate and house appropriations subcommittees on
community colleges, the senate and house fiscal agencies, and the state budget
office by November December 15 for fiscal year 2020-2021 and November 15 of each fiscal year thereafter and post that information on its website as required under
subsection (1):
(a) Budgeted current fiscal year general fund
revenue from tuition and fees.
(b) Budgeted current fiscal year general
fund revenue from state appropriations.
(c) Budgeted current fiscal year general
fund revenue from property taxes.
(d) Budgeted current fiscal year total
general fund revenue.
(e) Budgeted current fiscal year total
general fund expenditures.
(5) By the first business day of November
of each year, a community college shall report the following information to the center and post the following information on its website under the budget
transparency icon badge:
(a) Opportunities for earning college
credit through the following programs:
(i)
State approved career and technical education or a tech prep articulated
program of study.
(ii)
Direct college credit or concurrent enrollment.
(iii)
Dual enrollment.
(iv)
An early college/middle college program.
(b) For each program described in
subdivision (a) that the community college offers, all of the following
information:
(i)
The number of high school students participating in the program.
(ii)
The number of school districts that participate in the program with the
community college.
(iii)
Whether a college professor, qualified local school district employee, or other
individual teaches the course or courses in the program.
(iv)
The total cost to the community college to operate the program.
(v)
The cost per credit hour for the course or courses in the program.
(vi)
The location where the course or courses in the program are held.
(vii)
Instructional resources offered to the program instructors.
(viii)
Resources offered to the student in the program.
(ix)
Transportation services provided to students in the program.
Sec. 209a. (1) A public community college shall develop,
maintain, and update a “campus safety information and resources” link,
prominently displayed on the homepage of its website, to a section of its
website containing all of the information required under subsection (2).
(2) The “campus safety information and
resources” section of a public community college’s website shall include, but
not be limited to, all of the following information:
(a) Emergency contact numbers for police,
fire, health, and other services.
(b) Hours, locations, phone numbers, and
electronic mail contacts for campus public safety offices and title IX offices.
(c) A list of safety and security services
provided by the community college, including transportation, escort services,
building surveillance, anonymous tip lines, and other available security
services.
(d) A public community college’s policies
applicable to minors on community college property.
(e) A directory of resources available at
the community college or surrounding community for students or employees who
are survivors of sexual assault or sexual abuse.
(f) An electronic copy of “A Resource
Handbook for Campus Sexual Assault Survivors, Friends and Family”, published in
2018. by the office of the governor in conjunction with the first lady
of Michigan.
(g) Campus security policies and crime
statistics pursuant to the student right-to-know and campus security act,
Public Law 101-542, 104 Stat 2381. Information shall include all material
prepared pursuant to the public information reporting requirements under the
crime awareness and campus security act of 1990, title II of the student right-to-know
and campus security act, Public Law 101-542, 104 Stat 2381.
(3) A community college shall certify to
the state budget director by October 1, 2019 and the last business day of each August thereafter, 2020 that it is in compliance with this section. The state budget
director may withhold a public community college’s monthly installments
described in section 206 until the public community college complies with this
section.
Sec. 217. (1) The center shall do all of the following:
(a) Establish, maintain, and coordinate the
state community college database commonly known as the “Michigan Community
College Data Inventory”.
(b) Collect data concerning community
colleges and community college programs in this state, including data required
by law.
(c) Establish procedures to ensure the
validity and reliability of the data and the collection process.
(d) Develop model data collection policies,
including, but not limited to, policies that ensure the privacy of any
individual student data. Privacy policies shall ensure that student social security Social Security numbers are not released to the public for any purpose.
(e) Provide data in a useful manner to
allow state policymakers and community college officials to make informed
policy decisions.
(f) Compile and publish electronically the
demographic enrollment profile.
(g) Compile and publish the community
college performance improvement and performance completion rate data to support
the performance funding formula metrics specified in section 230(1)(c) and (e).
(2) There is created within the center the
Michigan Community College Data Inventory advisory committee. The committee
shall provide advice to the director of the center regarding the management of
the state community college database, including, but not limited to:
(a) Determining what data are necessary to
collect and maintain to enable state and community college officials to make
informed policy decisions.
(b) Defining the roles of all stakeholders
in the data collection system.
(c) Recommending timelines for the
implementation and ongoing collection of data.
(d) Establishing and maintaining data
definitions, data transmission protocols, and system specifications and
procedures for the efficient and accurate transmission and collection of data.
(e) Establishing and maintaining a process
for ensuring the accuracy of the data.
(f) Establishing and maintaining policies
related to data collection, including, but not limited to, privacy policies
related to individual student data.
(g) Ensuring that the data are made
available to state policymakers and citizens of this state in the most useful
format possible.
(h) Addressing other matters as determined
by the director of the center or as required by law.
(3) The Michigan Community College Data
Inventory advisory committee created in subsection (2) shall consist of the
following members:
(a) One representative from the house
fiscal agency, appointed by the director of the house fiscal agency.
(b) One representative from the senate
fiscal agency, appointed by the director of the senate fiscal agency.
(c) One representative from the workforce development agency, department of labor and
economic opportunity, appointed by the director of the workforce development agency.department of labor and
economic opportunity.
(d) One representative from the center,
appointed by the director of the center.
(e) One representative from the state
budget office, appointed by the state budget director.
(f) One representative from the governor’s
policy office, appointed by that office.
(g) Four representatives of the Michigan
Community College Association, appointed by the president of the association,
that represent a diverse mix of college sizes.
Sec. 222. Each community college shall have an annual audit
of all income and expenditures performed by an independent auditor and shall
furnish the independent auditor’s management letter and an annual audited
accounting of all general and current funds income and expenditures including
audits of college foundations to the center before November December 15 for fiscal year 2020-2021 and November 15 of each year thereafter. The center shall provide this information
to members of the senate and house appropriations subcommittees on community
colleges, the senate and house fiscal agencies, the auditor general, the workforce development agency, department of labor and
economic opportunity, and the state budget director. If a
community college fails to furnish the audit materials, the monthly state aid
installments shall be withheld from that college until the information is
submitted. All reporting shall conform to the requirements set forth in the “2001
Manual for Uniform Financial Reporting, Michigan Public Community Colleges”. A
community college shall make the information the community college is required
to provide under this section available to the public on its website.
Sec. 223. (1) By February January 15 of each year, the department of civil
rights shall annually submit to the state budget director, the house and senate
appropriations subcommittees on community colleges, and the house and senate
fiscal agencies a report on North American Indian tuition waivers for the
preceding academic year that includes, but is not limited to, all of the
following information:
(a) The number of waiver applications
received and the number of waiver applications approved.
(b) For each community college submitting
information under subsection (2), all of the following:
(i)
The number of North American Indian students enrolled each term for the
previous academic year.
(ii)
The number of North American Indian waivers granted each term, including
continuing education students, and the monetary value of the waivers for the
previous academic year.
(iii)
The number of students attending under a North American Indian tuition waiver
who withdrew from the college each term during the previous academic year. For
purposes of this subparagraph, a withdrawal occurs when a student who has been
awarded the waiver withdraws from the institution at any point during the term,
regardless of enrollment in subsequent terms.
(iv)
The number of students attending under a North American Indian tuition waiver
who successfully complete a degree or certificate program, separated by degree
or certificate level, and the graduation rate for students attending under a
North American Indian tuition waiver who complete a degree or certificate within
150% of the normal time to complete, separated by the level of the degree or
certificate.
(2) A community college that receives funds
under section 201 or a tribal institution that receives funding for the North
American Indian tuition waiver shall provide to the department of civil rights any
information necessary for preparing the report described in subsection (1),
using guidelines and procedures developed by the department of civil rights.
(3) The department of civil rights may
consolidate the report required under this section with the report required
under section 268, but a consolidated report must separately identify data for
universities and data for community colleges.
Sec. 226. Each community college shall report to the center
by October 15 of each year the numbers and type of associate degrees and other
certificates awarded by the community college during the previous academic year
using the for inclusion in the
statewide P-20 longitudinal data system.
Sec. 226a. A community college receiving an
appropriation in section 201 shall place a prominent link to the website
created under section 260 on its website homepage.
Sec. 226b. (1) By September 30, 2021, each
community college receiving an appropriation in section 201 shall submit a
report to the senate and house appropriations subcommittees on community
colleges, the senate and house fiscal agencies, and the state budget director
containing the following information:
(a) The number of students enrolled during the 2020-2021 academic
year.
(b) The number of courses offered by course type.
(c) The number of students enrolled by course type.
(d) The drop rate and pass/fail rate by course type.
(e) The average number of credit hours for which each student was
enrolled at the start and end of each semester.
(f) The number of students residing on campus each semester.
(g) The number of students residing on campus between semesters.
(2) By November 1, 2020, each community college receiving an
appropriation in section 201 shall submit a report to the senate and house
appropriations subcommittees on community colleges, the senate and house fiscal
agencies, and the state budget director containing the following information:
(a) A list of any student fees assessed related to online learning,
and the amount of those fees.
(b) A list of any student fees assessed related to COVID-19, and
the amount of those fees.
(c) A timeline of when decisions regarding the course types
offered during the 2020-2021 academic year were made, and whether there were
changes to those decisions before the academic year began.
(d) An overview of COVID-19 mitigation strategies employed or that
may be employed, if necessary.
(e) An overview of COVID-19 testing criteria and mitigation
strategies employed for controlling an outbreak on campus.
(3) As used in this section, “course type” means the style of
course delivery as being in-person, online, or as a hybrid of in-person and
online learning.
Sec. 226d. By February 1, 2021, each community
college shall submit to the senate and house appropriations subcommittees on
community colleges, the senate and house fiscal agencies, and the state budget
director a report on activities related to strategic planning and internal
assessment or reassessment to best provide for open and free expression and
speech, while protecting students from hate-speech, violence, and
discrimination.
Sec. 226e. It is the intent of the legislature
to ensure that 60% of Michigan’s residents achieve a postsecondary credential,
high-quality industry certification, associate degree, or bachelor’s degree by
2030.
Sec. 229. (1) Each community college that receives an
appropriation in section 201 is expected to include in its admission
application process a specific question as to whether an applicant for
admission has ever served or is currently serving in the United States Armed
Forces or is the spouse or dependent of an individual who has served or is
currently serving in the United States Armed Forces, in order to more quickly
identify potential educational assistance available to that applicant.
(2) It is expected that each public
community college that receives an appropriation in section 201 shall work with
the house and senate community college subcommittees, the Michigan Community
College Association, and veterans groups to review the issue of in-district
tuition for veterans of this state when determining tuition rates and fees.
(3) Each community college that receives an appropriation in
section 201 is expected to provide reasonable programming and scheduling
accommodations necessary to facilitate a student’s military, national guard, or
military reserves duties and training obligations.
(4) (3) As used in this section, “veteran” means an honorably
discharged veteran entitled to educational assistance under the provisions of
section 5003 of the post-911 veterans educational assistance act of 2008, 38
USC 3301 to 3327.
Sec. 229a. Included in the fiscal year 2019-2020 2020-2021 appropriations for the department of technology, management,
and budget are appropriations totaling $34,181,600.00 $35,696,200.00 to provide funding for the state share of
costs for previously constructed capital projects for community colleges. Those
appropriations for state building authority rent represent additional state
general fund support for community colleges, and the following is an estimate
of the amount of that support to each community college:
(a) Alpena Community College, $702,500.00.$701,800.00.
(b) Bay de Noc Community College, $679,000.00.$686,600.00.
(c) Delta College, $3,905,300.00.$3,845,000.00.
(d) Glen Oaks Community College, $123,400.00.$124,700.00.
(e) Gogebic Community College, $56,200.00.$56,800.00.
(f) Grand Rapids Community College, $2,208,700.00.$2,604,800.00.
(g) Henry Ford College, $1,031,000.00.$1,042,600.00.
(h) Jackson College, $2,170,400.00.$2,194,800.00.
(i) Kalamazoo Valley Community College, $1,947,700.00.$1,969,600.00.
(j) Kellogg Community College, $715,300.00.$688,600.00.
(k) Kirtland Community College, $639,100.00.$228,200.00.
(l)
Lake Michigan College, $532,300.00.$1,032,500.00.
(m) Lansing Community College, $1,144,300.00.$1,157,200.00.
(n) Macomb Community College, $1,653,900.00.$1,672,400.00.
(o) Mid Michigan Community College, $1,619,700.00.$1,637,900.00.
(p) Monroe County Community College, $1,604,900.00.$1,585,200.00.
(q) Montcalm Community College, $973,900.00.$984,800.00.
(r) C.S. Mott Community College, $1,808,300.00.$2,157,600.00.
(s) Muskegon Community College, $1,076,800.00.$996,000.00.
(t) North Central Michigan College, $490,900.00.$694,700.00.
(u) Northwestern Michigan College, $1,471,300.00.$1,857,000.00.
(v) Oakland Community College, $466,400.00.$471,600.00.
(w) Schoolcraft College, $1,550,600.00.$1,770,800.00.
(x) Southwestern Michigan College, $890,100.00.$834,200.00.
(y) St. Clair County Community College, $799,300.00.$758,600.00.
(z) Washtenaw Community College, $1,680,900.00.$1,699,800.00.
(aa) Wayne County Community College, $1,466,300.00.$1,482,800.00.
(bb) West Shore Community College, $773,100.00.$759,600.00.
Sec. 230. (1) Money With the exception of fiscal year 2020-2021,
money included in the appropriations for
community college operations under section 201(2) in fiscal year 2019-2020 for performance funding is distributed based on the following
formula:
(a) Allocated proportionate to fiscal year
2018-2019 base appropriations, 30%.
(b) Based on a weighted student contact
hour formula as provided for in the 2016 recommendations of the performance
indicators task force, 25%.30%.
(c) Based on the performance improvement as
provided for in the 2016 recommendations of the performance indicators task
force and based on data provided by the center, 10%.
(d) Based on the performance completion
number as provided for in the 2016 recommendations of the performance
indicators task force, 10%.
(e) Based on the performance completion
rate as provided for in the 2016 recommendations of the performance indicators
task force and based on data provided by the center, 10%.
(f) Based on administrative costs, 5%.
(g) Based on the local strategic value
component, as developed in cooperation with the Michigan Community College
Association and described in subsection (2), 5%.
(h) Based on the 6 community colleges with the
lowest taxable values in the 2017-2018 Michigan community college data
inventory report, weighted by fiscal year equated students, 5%.
(2) Money included in the appropriations
for community college operations under section 201(2) for local strategic value
shall be allocated to each community college that certifies to the state budget
director, through a board of trustees resolution on or before October 15, 2019, 2020, that the college has met 4 out of 5 best practices listed in
each category described in subsection (3). The resolution shall provide
specifics as to how the community college meets each best practice measure
within each category. One-third of funding available under the strategic value
component shall be allocated to each category described in subsection (3).
Amounts distributed under local strategic value shall be on a proportionate basis
to each college’s fiscal year 2018-2019 2019-2020 operations funding. Payments to community colleges that
qualify for local strategic value funding shall be distributed with the
November installment payment described in section 206.
(3) For purposes of subsection (2), the
following categories of best practices reflect functional activities of
community colleges that have strategic value to the local communities and
regional economies:
(a) For Category A, economic development
and business or industry partnerships, the following:
(i)
The community college has active partnerships with local employers including
hospitals and health care providers.
(ii)
The community college provides customized on-site training for area companies,
employees, or both.
(iii)
The community college supports entrepreneurship through a small business
assistance center or other training or consulting activities targeted toward
small businesses.
(iv)
The community college supports technological advancement through industry
partnerships, incubation activities, or operation of a Michigan technical
education center or other advanced technology center.
(v)
The community college has active partnerships with local or regional workforce
and economic development agencies.
(b) For Category B, educational
partnerships, the following:
(i)
The community college has active partnerships with regional high schools,
intermediate school districts, and career-tech centers to provide instruction
through dual enrollment, concurrent enrollment, direct credit, middle college,
or academy programs.
(ii)
The community college hosts, sponsors, or participates in enrichment programs
for area K-12 students, such as college days, summer or after-school
programming, or Science Olympiad.
(iii)
The community college provides, supports, or participates in programming to
promote successful transitions to college for traditional age students,
including grant programs such as talent search, upward bound, or other
activities to promote college readiness in area high schools and community
centers.
(iv)
The community college provides, supports, or participates in programming to
promote successful transitions to college for new or reentering adult students,
such as adult basic education, a high school equivalency test preparation
program and testing, or recruiting, advising, or orientation activities
specific to adults. As used in this subparagraph, “high school equivalency test
preparation program” means that term as defined in section 4.
(v)
The community college has active partnerships with regional 4-year colleges and
universities to promote successful transfer, such as articulation, 2+2, or
reverse transfer agreements or operation of a university center.
(c) For Category C, community services, the
following:
(i)
The community college provides continuing education programming for leisure,
wellness, personal enrichment, or professional development.
(ii)
The community college operates or sponsors opportunities for community members
to engage in activities that promote leisure, wellness, cultural or personal enrichment
such as community sports teams, theater or musical ensembles, or artist guilds.
(iii)
The community college operates public facilities to promote cultural,
educational, or personal enrichment for community members, such as libraries, computer
labs, performing arts centers, museums, art galleries, or television or radio
stations.
(iv)
The community college operates public facilities to promote leisure or wellness
activities for community members, including gymnasiums, athletic fields, tennis
courts, fitness centers, hiking or biking trails, or natural areas.
(v)
The community college promotes, sponsors, or hosts community service activities
for students, staff, or community members.
(4) Payments for performance funding under
section 201(2) shall be made to a community college only if that community
college actively participates in the Michigan Transfer Network sponsored by the
Michigan Association of Collegiate Registrars and Admissions Officers and
submits timely updates, including updated course equivalencies at least every 6
months, to the Michigan transfer network. The state budget director shall
determine if a community college has not satisfied this requirement. The state
budget director may withhold payments for performance funding until a community
college is in compliance with this section.
Sec. 236. (1) Subject to the conditions set forth in this
article, the amounts listed in this section are appropriated for higher
education for the fiscal year ending September 30, 2020, 2021, from the funds indicated in this section. The following is a
summary of the appropriations in this section: and 236g:
(a) The gross appropriation is $1,691,395,000.00. $1,699,925,400.00. After deducting total interdepartmental grants and
intradepartmental transfers in the amount of $0.00, the adjusted gross
appropriation is $1,691,395,000.00.$1,699,925,400.00.
(b) The sources of the adjusted gross
appropriation described in subdivision (a) are as follows:
(i)
Total federal revenues, $297,753,000.00.$126,026,400.00.
(ii)
Total local revenues, $0.00.
(iii)
Total private revenues, $0.00.
(iv)
Total other state restricted revenues, $185,692,700.00.$356,063,300.00.
(v)
State general fund/general purpose money, $1,207,949,300.00.$1,217,835,700.00.
(2) Amounts appropriated for public
universities are as follows:
(a) The appropriation for Central Michigan
University is $79,406,800.00, $77,335,600.00 $89,564,500.00,
$87,600,000.00 for operations, $473,100.00 $0.00 for performance funding, and $1,598,100.00
$1,964,500.00 for costs incurred
under the North American Indian tuition waiver.
(b) The appropriation for Eastern Michigan
University is $68,897,800.00, $68,207,300.00 $77,555,200.00,
$77,253,700.00 for operations, $388,200.00 $0.00 for performance funding, and $302,300.00
$301,500.00.00 for costs
incurred under the North American Indian tuition waiver.
(c) The appropriation for Ferris State
University is $49,865,900.00, $48,598,300.00 $55,934,300.00,
$55,025,500.00 for operations, $260,300.00 $0.00 for performance funding, and $1,007,300.00
$908,800.00.00 for costs
incurred under the North American Indian tuition waiver.
(d) The appropriation for Grand Valley
State University is $65,284,000.00, $63,735,600.00 $73,490,700.00,
$72,313,500.00 for operations, $473,400.00 $0.00 for performance funding, and $1,075,000.00
$1,177,200.00 for costs incurred
under the North American Indian tuition waiver.
(e) The appropriation for Lake Superior
State University is $12,858,400.00, $11,853,200.00 $15,252,100.00, $13,307,000.00
for operations, $51,200.00 $0.00 for performance funding, and $954,000.00
$945,100.00 for costs incurred
under the North American Indian tuition waiver, and $1,000,000.00 for a 1-time pass-through payment for Bay Mills
Community College.
(f) The appropriation for Michigan State
University is $321,670,300.00, $253,773,700.00 $354,009,100.00,
$287,331,700.00 for operations, $1,355,500.00 $0.00 for performance funding, $1,467,700.00
$1,604,000.00 for costs incurred
under the North American Indian tuition waiver, $34,937,300.00 for MSU
AgBioResearch, and $30,136,100.00 for MSU Extension.
(g) The appropriation for Michigan
Technological University is $44,953,000.00, $44,250,000.00 $50,795,200.00,
$50,101,600.00 for operations, $236,500.00 $0.00 for performance funding, and $466,500.00
$693,600.00 for costs incurred
under the North American Indian tuition waiver.
(h) The appropriation for Northern Michigan
University is $43,550,900.00, $42,244,100.00 $48,869,700.00,
$47,809,100.00 for operations, $206,800.00 $0.00 for performance funding, and $1,100,000.00
$1,060,600.00 for costs incurred
under the North American Indian tuition waiver.
(i) The appropriation for Oakland
University is $47,476,000.00, $46,811,300.00 $53,413,500.00,
$53,147,400.00 for operations, $379,600.00 $0.00 for performance funding, and $285,100.00
$266,100.00 for costs incurred
under the North American Indian tuition waiver.
(j) The appropriation for Saginaw Valley
State University is $27,380,000.00, $27,043,100.00 $30,803,300.00,
$30,583,800.00 for operations, $113,000.00 $0.00 for performance funding, and $223,900.00
$219,500.00 for costs incurred
under the North American Indian tuition waiver.
(k) The appropriation for University of
Michigan – Ann Arbor is $286,689,000.00, $284,363,300.00 $322,931,100.00,
$321,970,100.00 for operations, $1,522,200.00 $0.00 for performance funding, and $803,500.00
$961,000.00 for costs incurred
under the North American Indian tuition waiver.
(l)
The appropriation for University of Michigan – Dearborn is $23,394,600.00, $23,074,000.00 $26,334,800.00,
$26,167,000.00 for operations, $160,400.00 $0.00 for performance funding, and $160,200.00
$167,800.00 for costs incurred
under the North American Indian tuition waiver.
(m) The appropriation for University of
Michigan – Flint is $21,246,400.00, $20,860,700.00 $23,964,400.00,
$23,616,200.00 for operations, $108,700.00 $0.00 for performance funding, and $277,000.00
$348,200.00 for costs incurred
under the North American Indian tuition waiver.
(n) The appropriation for Wayne State
University is $180,663,300.00, $179,461,100.00 $203,458,900.00,
$202,996,700.00 for operations, $785,000.00 $0.00 for performance funding, and $417,200.00
$462,200.00 for costs incurred
under the North American Indian tuition waiver.
(o) The appropriation for Western Michigan
University is $99,791,300.00, $98,538,400.00 $112,363,900.00,
$111,522,200.00 for operations, $485,000.00 $0.00 for performance funding, and $767,900.00
$841,700.00 for costs incurred
under the North American Indian tuition waiver.
(3) The amount appropriated in subsection
(2) for public universities is $1,373,127,700.00, $1,538,740,700.00, appropriated from the following:
(a) State school aid fund, $179,441,700.00.$343,168,300.00.
(b) State general fund/general purpose
money, $1,193,686,000.00.$1,195,572,400.00.
(4) The amount appropriated for Michigan
public school employees’ retirement system reimbursement is $5,017,000.00, $11,695,000.00, appropriated from the state school aid fund.
(5) The amount appropriated for state and
regional programs is $315,000.00, appropriated from general fund/general
purpose money and allocated as follows:
(a) Higher education database modernization
and conversion, $200,000.00.
(b) Midwestern Higher Education Compact,
$115,000.00.
(6) The amount appropriated for the Martin
Luther King, Jr. - Cesar Chavez - Rosa Parks program is $2,691,500.00,
appropriated from general fund/general purpose money and allocated as follows:
(a) Select student support services,
$1,956,100.00.
(b) Michigan college/university partnership
program, $586,800.00.
(c) Morris Hood, Jr. educator development
program, $148,600.00.
(7) Subject to subsection (8), the amount
appropriated for grants and financial aid is $145,283,200.00, allocated as
follows:
(a) State competitive scholarships,
$29,861,700.00.
(b) Tuition grants, $42,021,500.00.
(c) Tuition incentive program,
$68,800,000.00.
(d) Children of veterans and officer’s
survivor tuition grant programs, $1,400,000.00.
(e) Project GEAR-UP, $3,200,000.00.
(8) The money appropriated in subsection
(7) for grants and financial aid is appropriated from the following:
(a) Federal revenues under the United
States Department of Education, Office of Elementary and Secondary Education,
GEAR-UP program, $3,200,000.00.
(b) Federal revenues under the social
security act, temporary assistance for needy families, $130,826,400.00.$122,826,400.00.
(c) State general fund/general purpose
money, $11,256,800.00.$19,256,800.00.
(9) For fiscal year 2019-2020 2020-2021 only, in addition to the allocation under subsection (4),
from the appropriations described in subsection (1), there is allocated an
amount not to exceed $1,234,000.00 $1,200,000.00 for payments to participating public universities,
appropriated from the state school aid fund. A university that receives money
under this subsection shall use that money solely for the purpose of offsetting
the normal cost contribution rate. As used in this subsection, “participating
public universities” means public universities that are a reporting unit of the
Michigan public school employees’ retirement system under the public school
employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that
pay contributions to the Michigan public school employees’ retirement system for
the state fiscal year.
(10) If the department of technology,
management, and budget determines that this state has overpaid the amount of
operations and performance funding allocated to a university under this
article, the department shall establish as a receivable the amount of
overpayment and shall recoup the amount from the university in subsequent
monthly apportionments of operations and performance funding. The full amount
of overpayment must be recouped within 1 fiscal year.
Sec. 236b. In addition to the funds appropriated in section
236, there is appropriated for grants and financial aid in fiscal year 2019-2020 2020-2021 an amount not to exceed $6,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393, for another purpose under this article.
Sec. 236c. In addition to the funds
appropriated for fiscal year 2019-2020 2020-2021 in section 236, appropriations to the department of
technology, management, and budget in the act providing general appropriations
for fiscal year 2019-2020 2020-2021 for state building authority rent, totaling an estimated $144,995,300.00 $145,848,500.00 provide funding for the state share of costs for previously
constructed capital projects for state universities. These appropriations for
state building authority rent represent additional state general fund support
provided to public universities, and the following is an estimate of the amount
of that support to each university:
(a) Central Michigan University, $12,141,800.00.$13,078,900.00.
(b) Eastern Michigan University, $7,673,600.00.$7,074,300.00.
(c) Ferris State University, $8,434,200.00.$7,939,200.00.
(d) Grand Valley State University, $6,752,400.00.$7,229,800.00.
(e) Lake Superior State University, $1,856,100.00.$1,805,200.00.
(f) Michigan State University, $15,514,900.00.$15,199,500.00.
(g) Michigan Technological University, $6,912,500.00.$6,805,300.00.
(h) Northern Michigan University, $7,449,600.00.$7,334,200.00.
(i) Oakland University, $12,908,600.00.$12,708,600.00.
(j) Saginaw Valley State University, $10,670,900.00.$7,907,100.00.
(k) University of Michigan - Ann Arbor, $9,795,900.00.$9,644,100.00.
(l) University of
Michigan - Dearborn, $9,522,700.00.$11,106,100.00.
(m) University of Michigan - Flint, $4,128,900.00.$6,413,000.00.
(n) Wayne State University, $16,008,000.00.$16,610,900.00.
(o) Western Michigan University, $15,225,200.00.$14,989,300.00.
Sec. 237b. As used in this article, :
(a) “Center” “center” means the center for educational
performance and information created in section 94a.
(b) “Workforce development agency” means the workforce development
agency within the department of talent and economic development—talent
investment agency.
Sec. 238. Unless otherwise specified, a
public university receiving appropriations in section 236 shall use the
internet to fulfill the reporting requirements of this article. This
requirement may include includes transmission of reports via electronic mail to the recipients
identified for each reporting requirement , or it may include and placement of reports on an internet or intranet site.
Sec. 241. (1) Subject to sections 244 and
265a, the funds appropriated in section 236 to public universities shall be
paid out of the state treasury and distributed by the state treasurer to the
respective institutions in 11 equal monthly installments on the sixteenth of
each month, or the next succeeding business day, beginning with October 16, 2019. 2020. Except for Wayne State University, each institution shall
accrue its July and August 2020 2021 payments to its institutional fiscal year ending June 30, 2020.2021.
(2) All public universities shall submit higher education
institutional data inventory (HEIDI) data and associated financial and program
information requested by and in a manner prescribed by the state budget
director. For public universities with fiscal years ending June 30, 2019, these data shall be submitted to the state budget director by
October November 15 , 2019. for fiscal year 2020-2021
and October 15 of each fiscal year thereafter. Public universities with a fiscal year ending September 30, 2019 2020 shall submit preliminary HEIDI data by November 15, 2019 2020 and final data by December 15, 2019. 2020. If a public university fails to submit HEIDI data and
associated financial aid program information in accordance with this reporting
schedule, the state treasurer may withhold the monthly installments under
subsection (1) to the public university until those data are submitted.
Sec. 242. Funds received by the state from
the federal government or private sources for the use of a college or
university are appropriated for the purposes for which they are provided. The acceptance and use of federal or private
funds do not place an obligation on the legislature to continue the purposes
for which the funds are made available.
Sec. 245. (1) A public university shall
maintain a public transparency website available through a link on its website
homepage. The public university shall update this website within 30 days after
the university’s governing board adopts its annual operating budget for the
next academic year, or after the governing board adopts a subsequent revision
to that budget.
(2) The website required under subsection (1) shall include
all of the following concerning the public university:
(a) The annual operating budget and subsequent budget
revisions.
(b) A summary of current expenditures for the most recent
fiscal year for which they are available, expressed as pie charts in the
following 2 categories:
(i) A chart of
personnel expenditures, broken into the following subcategories:
(A) Earnings and wages.
(B) Employee benefit costs, including, but
not limited to, medical, dental, vision, life, disability, and long-term care
benefits.
(C) Retirement benefit costs.
(D) All other personnel costs.
(ii)
A chart of all current expenditures the public university reported as part of
its higher education institutional data inventory data under section 241(2),
broken into the same subcategories in which it reported those data.
(c) Links to all of the following for the
public university:
(i)
The current collective bargaining agreement for each bargaining unit.
(ii)
Each health care benefits plan, including, but not limited to, medical, dental,
vision, disability, long-term care, or any other type of benefits that would
constitute health care services, offered to any bargaining unit or employee of
the public university.
(iii)
Audits and financial reports for the most recent fiscal year for which they are
available.
(d) A list of all positions funded
partially or wholly through institutional general fund revenue that includes
the position title and annual salary or wage amount for each position.
(e) General fund revenue and expenditure
projections for the current fiscal year and the next fiscal year.
(f) A listing of all debt service
obligations, detailed by project, anticipated fiscal year payment for each
project, and total outstanding debt for the current fiscal year.
(g) The institution’s policy regarding the
transferability of core college courses between community colleges and the
university.
(h) A listing of all community colleges
that have entered into reverse transfer agreements with the university.
(3) On the website required under subsection
(1), a public university shall provide a dashboard or report card demonstrating
the university’s performance in several “best practice” measures. The dashboard
or report card shall include at least all of the following for the 3 most
recent academic years for which the data are available:
(a) Enrollment.
(b) Student retention rate.
(c) Six-year graduation rates.
(d) Number of Pell grant recipients and
graduating Pell grant recipients.
(e) Geographic origination of students,
categorized as in-state, out-of-state, and international.
(f) Faculty to student ratios and total
university employee to student ratios.
(g) Teaching load by faculty
classification.
(h) Graduation outcome rates, including
employment and continuing education.
(4) For statewide consistency and public
visibility, public universities must use the icon badge provided by the
department of technology, management, and budget consistent with the icon badge
developed by the department of education for K-12 school districts. It must
appear on the front of each public university’s homepage. The size of the icon
may be reduced to 150 x 150 pixels. The font size and style for this reporting
must be consistent with other documents on each university’s website.
(5) The state budget director shall
determine whether a public university has complied with this section. The state
budget director may withhold a public university’s monthly installments
described in section 241 until the public university complies with this
section.
(6) By the first business day of November
of each year, a public university shall report the following information to the center and post the following information on its website under the budget
transparency icon badge:
(a) Opportunities for earning college
credit through the following programs:
(i)
State approved career and technical education or a tech prep articulated
program of study.
(ii)
Direct college credit or concurrent enrollment.
(iii)
Dual enrollment.
(iv)
An early college/middle college program.
(b) For each program described in
subdivision (a) that the public university offers, all of the following
information:
(i)
The number of high school students participating in the program.
(ii)
The number of school districts that participate in the program with the public
university.
(iii)
Whether a university professor, qualified local school district employee, or
other individual teaches the course or courses in the program.
(iv)
The total cost to the public university to operate the program.
(v)
The cost per credit hour for the course or courses in the program.
(vi)
The location where the course or courses in the program are held.
(vii)
Instructional resources offered to the program instructors.
(viii)
Resources offered to the student in the program.
(ix)
Transportation services provided to students in the program.
(7) A public university shall collect and
report the number and percentage of all enrolled students who complete the Free
Application for Federal Student Aid, broken out by undergraduate and graduate/professional
classifications, to the center and post the information on its website under
the budget transparency icon badge.
Sec. 245a. (1) A public university shall develop, maintain,
and update a “campus safety information and resources” link, prominently
displayed on the homepage of its website, to a section of its website
containing all of the information required under subsection (2).
(2) The “campus safety information and
resources” section of a public university’s website shall include, but not be
limited to, all of the following information:
(a) Emergency contact numbers for police,
fire, health, and other services.
(b) Hours, locations, phone numbers, and
electronic mail contacts for campus public safety offices and title IX offices.
(c) A listing of safety and security
services provided by the university, including transportation, escort services,
building surveillance, anonymous tip lines, and other available security
services.
(d) A public university’s policies
applicable to minors on university property.
(e) A directory of resources available at
the university or surrounding community for students or employees who are
survivors of sexual assault or sexual abuse.
(f) An electronic copy of “A Resource
Handbook for Campus Sexual Assault Survivors, Friends and Family”, published in
2018. by the office of the governor in conjunction with the first lady
of Michigan.
(g) Campus security policies and crime
statistics pursuant to the student right-to-know and campus security act,
Public Law 101-542, 104 Stat 2381. Information shall include all material
prepared pursuant to the public information reporting requirements under the
crime awareness and campus security act of 1990, title II of the student
right-to-know and campus security act, Public Law 101-542, 104 Stat 2381.
(3) A public university shall certify to
the state budget director by October 1, 2019 and the last business day of each August thereafter 2020 that it is in compliance with this section. The state budget
director may withhold a public university’s monthly installments described in
section 241 until the public university complies with this section.
Sec. 256. (1) The funds appropriated in section 236 for the
tuition incentive program must be distributed as provided in this section and
pursuant to the administrative procedures for the tuition incentive program of
the department of treasury.
(2) As used in this section:
(a) “Phase I” means the first part of the
tuition incentive program defined as the academic period of 80 semester or 120
term credits, or less, leading to an associate degree or certificate. Students
must be enrolled in a certificate or associate degree program and taking
classes within the program of study for a certificate or associate degree.
Tuition will not be covered for courses outside of a certificate or associate
degree program.
(b) “Phase II” means the second part of the
tuition incentive program that provides assistance in the third and fourth year
of 4-year degree programs.
(c) “Department” means the department of
treasury.
(d) “High school equivalency certificate”
means that term as defined in section 4.
(3) An individual must meet the following
basic criteria and financial thresholds to be eligible for tuition incentive
program benefits:
(a) To be eligible for phase I, an
individual must meet all of the following criteria:
(i)
Apply for certification to the department any time after he or she begins the
sixth grade but before August 31 of the school year in which he or she
graduates from high school or before achieving a high school equivalency
certificate. However, an individual who graduated or achieved a high school
equivalency certificate after March 15, 2020 and before September 1, 2020 may
apply for certification to the department any time before August 31, 2021.
(i) (ii) Be less than 20 years of age at the time he or she graduates
from high school with a diploma or certificate of completion or achieves a high
school equivalency certificate or, for students attending a 5-year middle
college approved by the Michigan department of education, be less than 21 years
of age when he or she graduates from high school.
(ii) (iii) Be a United States citizen and a resident of this state
according to institutional criteria.
(iii) (iv) Be at least a half-time student, earning less than 80
semester or 120 term credits at a participating educational institution within
4 years of high school graduation or achievement of a high school equivalency
certificate. All program eligibility expires 6 years from high school graduation or
achievement of a high school equivalency certificate.10 years after initial
enrollment at a participating educational institution.
(iv) (v) Meet the satisfactory academic progress policy of the
educational institution he or she attends.
(b) To be eligible for phase II, an
individual must meet either of the following criteria in addition to the
criteria in subdivision (a):
(i)
Complete at least 56 transferable semester or 84 transferable term credits.
(ii)
Obtain an associate degree or certificate at a participating institution.
(c) To be eligible for phase I or phase II,
an individual must be financially eligible as determined by the department. An
individual is financially eligible for the tuition incentive program if he or
she was eligible for Medicaid from this state for 24 months within the 36
consecutive months before application. The department shall accept
certification of Medicaid eligibility only from the department of health and
human services for the purposes of verifying if a person is Medicaid eligible
for 24 months within the 36 consecutive months before application.
Certification of eligibility may begin in the sixth grade.
(4) For phase I, the department shall
provide payment on behalf of a person eligible under subsection (3). The
department shall only accept standard per-credit hour tuition billings and
shall reject billings that are excessive or outside the guidelines for the type
of educational institution.
(5) For phase I, all of the following
apply:
(a) Payments for associate degree or
certificate programs must not be made for more than 80 semester or 120 term
credits for any individual student at any participating institution.
(b) For persons enrolled at a Michigan
community college, the department shall pay the current in-district tuition and
mandatory fees. For persons residing in an area that is not included in any
community college district, the out-of-district tuition rate may be authorized.
(c) For persons enrolled at a Michigan
public university, the department shall pay lower division resident tuition and
mandatory fees for the current year.
(d) For persons enrolled at a Michigan
independent, nonprofit degree-granting college or university, or a Michigan
federal tribally controlled community college, or Focus: HOPE, the department
shall pay mandatory fees for the current year and a per-credit payment that
does not exceed the average community college in-district per-credit tuition
rate as reported on August 1, by the last business day of
August for the immediately preceding academic
year.
(6) A person participating in phase II may
be eligible for additional funds not to exceed $500.00 per semester or $400.00
per term up to a maximum of $2,000.00 subject to the following conditions:
(a) Credits are earned in a 4-year program
at a Michigan degree-granting 4-year college or university.
(b) The tuition reimbursement is for
coursework completed within 30 months of completion of the phase I
requirements.
(7) The department shall work closely with
participating institutions to develop an application and eligibility
determination process that will provide the highest level of participation and ensure that
all requirements of the program are met.
(8) Applications for the tuition incentive program may be approved at
any time after the student begins the sixth grade. If a determination of
financial eligibility is made, that determination is valid as long as the
student meets all other program requirements and conditions.The department shall notify
students of their financial eligibility for the program any time after the
student begins sixth grade.
(9) Except as otherwise provided in section
3(d) of the Michigan reconnect grant act, 2020 PA 84, MCL 390.1703, and section
17 of the Michigan reconnect grant recipient act, 2020 PA 68, MCL 390.1717,
each institution shall ensure that all known available restricted grants for
tuition and fees are used prior to billing the tuition incentive program for
any portion of a student’s tuition and fees.
(10) The department shall ensure that the
tuition incentive program is well publicized and that eligible Medicaid clients
are provided information on the program. The department shall provide the
necessary funding and staff to fully operate the program.
(11) Any unexpended and unencumbered funds
remaining on September 30, 2020 from the amounts appropriated in section 236
for the tuition incentive program for fiscal year 2019-2020 do not lapse on
September 30, 2020, but continue to be available for expenditure for tuition
incentive program funds under a work project account.
(11) (12) The department of treasury shall collaborate with the center
to use the P-20 longitudinal data system to report the following information
for each qualified postsecondary institution:
(a) The number of phase I students in the
most recently completed academic year who in any academic year received a
tuition incentive program award and who successfully completed a degree or
certificate program. Cohort graduation rates for phase I students shall be
calculated using the established success rate methodology developed by the
center in collaboration with the postsecondary institutions.
(b) The number of students in the most
recently completed academic year who in any academic year received a Pell grant
at the reporting institution and who successfully completed a degree or
certificate program. Cohort graduation rates for students who received Pell
grants must be calculated using the established success rate methodology
developed by the center in collaboration with the postsecondary institutions.
(13) If a qualified postsecondary institution
does not report the data necessary to comply with subsection (12) to the
P-20 longitudinal data system, the institution shall report, in a form and
manner satisfactory to the department of treasury and the center, all of the
information needed to comply with subsection (12) by December 1, 2020.
(12) (14) Beginning in fiscal year 2020-2021, if a qualified
postsecondary institution does not report the data necessary to complete the
reporting in subsection (12) (11) to the P-20 longitudinal data system by October 15 for the
prior academic year, the department of treasury shall not award phase I tuition
incentive program funding to otherwise eligible students enrolled in that institution
until the data are submitted.
Sec. 259. It is the intent of the legislature
that the department of treasury launch an aggressive campaign to inform high
school students about the financial aid programs offered by this state and the
eligibility requirements for participation in those financial aid programs.
Sec. 260. (1) The department of treasury shall
work with student and postsecondary education groups, including the Michigan
College Access Network, the Michigan Association of State Universities, the
Michigan Community College Association, and the Michigan Independent Colleges
and Universities, to provide an online informational resource for prospective
and current student loan borrowers. The online informational resource must be a
website or a portion of an existing website designed and maintained by the
department of treasury that, to the extent practicable, contains information
including, but not limited to, all of the following:
(a) A list of public and private community support centers,
student debt clinics, and other organizations and their contact information
submitted by Michigan College Access Network that provides free information and
services for student loan borrowers to help educate them about repayment
options and to help them access student loan programs or benefits for which
they may be eligible.
(b) Links to state and federal financial aid programs, including
FAFSA and College Scorecard.
(c) Benefits of federal student loans that may no longer be
available if a borrower refinances a loan.
(d) Links to net price calculators for community colleges
receiving an appropriation in section 201 and universities receiving an
appropriation in section 236, if available.
(e) A list of loan servicers, including FAFSA.gov for federal
loans, and contact information for each and for federally held loans made
through the William D. Ford Federal Direct Loan Program and the Federal Family
Education Loan Program.
(f) Information on the fundamentals of borrowing and repayment,
including, but not limited to, all of the following:
(i) Types of student loans and repayment options, including
income-driven repayment, and a listing of employers in this state offering
employment eligible for public service loan-forgiveness.
(ii) Deciding how much to borrow.
(iii) Creating a plan for borrowing and repayment.
(iv) Estimating how much borrowing is needed for a given
school year.
(v) Evaluating financial aid offers.
(vi) Factors that affect total student loan costs.
(vii) Tips for graduating with less student loan debt.
(viii) A loan payment calculator or a link to a loan
payment calculator that can be used for different types of loans.
(ix) Links to federal student loan entrance and exit
counseling services and the FACT tool.
(x) Student loan debt relief scams.
(g) A list of student loan providers in this state.
(2) A university receiving an appropriation in section 236 shall
place a prominent link to the website created under this section on its website
homepage.
(3) Independent colleges and universities in this state are
encouraged to place a link to the website created under this section on their
website homepages.
Sec. 263. (1) Included in the appropriation in section 236
for fiscal year 2019-2020 2020-2021 for MSU AgBioResearch is $2,982,900.00 and included in the
appropriation in section 236 for MSU Extension is $2,645,200.00 for Project
GREEEN. Project GREEEN is intended to address critical regulatory, food safety,
economic, and environmental problems faced by this state’s plant-based
agriculture, forestry, and processing industries. “GREEEN” is an acronym for
Generating Research and Extension to Meet Environmental and Economic Needs.
(2) The department of agriculture and rural
development and Michigan State University, in consultation with agricultural
commodity groups and other interested parties, shall develop Project GREEEN and
its program priorities.
Sec. 264. Included in the appropriation in section 236 for
fiscal year 2019-2020 2020-2021 for Michigan State University is $80,000.00 for the Michigan
Future Farmers of America Association. This $80,000.00 allocation shall not
supplant any existing support that Michigan State University provides to the
Michigan Future Farmers of America Association.
Sec. 265. (1) Payments under section 265a for performance
funding for fiscal years 2019-2020, 2020-2021, 2020-2021, 2021-2022, and 2021-2022 2022-2023 shall only be made to a public university that certifies to
the state budget director by October 1, 2019 2020 that its board did not adopt an increase in
tuition and fee rates for resident undergraduate students after September 1, 2018 2019 for the 2018-2019 2019-2020 academic year and that its board will not adopt an increase
in tuition and fee rates for resident undergraduate students for the 2019-2020 2020-2021 academic year that is greater than 4.4% 4.25% or $587.00, $586.00, whichever is greater. As used in this subsection:
(a) “Fee” means any board-authorized fee
that will be paid by more than 1/2 of all resident undergraduate students at
least once during their enrollment at a public university, as described in the
higher education institutional data inventory (HEIDI) user manual. A university
increasing a fee that applies to a specific subset of students or courses shall
provide sufficient information to prove that the increase applied to that
subset will not cause the increase in the average amount of board-authorized
total tuition and fees paid by resident undergraduate students in the 2019-2020 2020-2021 academic year to exceed the limit established in this
subsection.
(b) “Tuition and fee rate” means the
average of full-time rates paid by a majority of students in each undergraduate
class, based on an unweighted average of the rates authorized by the university
board and actually charged to students, deducting any uniformly rebated or
refunded amounts, for the 2 semesters with the highest levels of full-time
equated resident undergraduate enrollment during the academic year, as
described in the higher education institutional data inventory (HEIDI) user
manual.
(2) The state budget director shall
implement uniform reporting requirements to ensure that a public university
receiving a payment under section 265a for performance funding has satisfied the
tuition restraint requirements of this section. The state budget director shall
have the sole authority to determine if a public university has met the
requirements of this section. Information reported by a public university to
the state budget director under this subsection shall also be reported to the
house and senate appropriations subcommittees on higher education and the house
and senate fiscal agencies.
(3) Universities that exceed the tuition
and fee rate cap described in subsection (1) shall not receive a planning or
construction authorization for a state-funded capital outlay project in fiscal
years 2020-2021, 2021-2022, 2021-2022, 2022-2023, or 2022-2023.2023-2024.
(4) Notwithstanding any other provision of
this act, the legislature may at any time adjust appropriations for a
university that adopts an increase in tuition and fee rates for resident
undergraduate students that exceeds the rate cap established in subsection (1).
Sec. 265b. (1) Appropriations to public universities in
section 236 for the fiscal year ending September 30, 2020 2021 for operations funding shall be reduced by 10% pursuant to
the procedures described in subdivision (a) for a public university that fails
to submit certification to the state budget director, the house and senate
appropriations subcommittees on higher education, and the house and senate
fiscal agencies by October 1, 2019 2020 that the university complies with sections 274c and 274d and
that it complies with all of the requirements described in subdivisions (b) to
(i), as follows:
(a) If a university fails to submit
certification, the state budget director shall withhold 10% of that university’s
annual operations funding until the university submits certification. If a
university fails to submit certification by the end of the fiscal year, the 10%
of its annual operations funding that is withheld shall lapse to the general
fund.
(b) For title IX investigations of alleged
sexual misconduct, the university prohibits the use of medical experts that
have an actual or apparent conflict of interest.
(c) For title IX investigations of alleged
sexual misconduct, the university prohibits the issuance of divergent reports
to complainants, respondents, and administration and instead requires that
identical reports be issued to them.
(d) Consistent with the university’s obligations under 20 USC
1092(f), the university notifies each individual who reports having experienced
sexual assault by a student, faculty member, or staff member of the university
that the individual has the option to report the matter to law enforcement, to
the university, to both, or to neither, as the individual may choose.
(e) The university provides both of the following:
(i) For all
freshmen and incoming transfer students enrolled, an in-person sexual
misconduct prevention presentation or course, which must include contact
information for the title IX office of the university.
(ii) For all
students not considered freshmen or incoming transfer students, an online or
electronic sexual misconduct prevention presentation or course.
(f) The university prohibits seeking compensation from the
recipient of any medical procedure, treatment, or care provided by a medical
professional who has been convicted of a felony arising out of the medical
procedure, treatment, or care.
(g) The university had a third party review its title IX compliance
office and related policies and procedures by the end of the 2018-2019 academic
year. A copy of the third-party review shall be transmitted to the state budget
director, the house and senate appropriations subcommittees on higher
education, and the house and senate fiscal agencies. After the third-party
review has been conducted for the 2018-2019 academic year, the university shall
have a third-party review once every three years and a copy of the third-party
review shall be transmitted to the state budget director, the house and senate
appropriations subcommittees on higher education, and the house and senate
fiscal agencies.
(h) The university requires that the governing board and the
president or chancellor of the university receive not less than quarterly
reports from their title IX coordinator or title IX office. The report shall
contain aggregated data of the number of sexual misconduct reports that the
office received for the academic year, the types of reports received, including
reports received against employees, and a summary of the general outcomes of
the reports and investigations. A member of the governing board may request to
review a title IX investigation report involving a complaint against an
employee, and the university shall provide the report in a manner it considers
appropriate. The university shall protect the complainant’s anonymity, and the
report shall not contain specific identifying information.
(i) If allegations against an employee are made in more than
1 title IX complaint that resulted in the university finding that no misconduct
occurred, the university requires that the title IX officer promptly notify the
president or chancellor and a member of the university’s governing board in
writing and take all appropriate steps to ensure that the matter is being
investigated thoroughly, including hiring an outside investigator for future
cases involving that employee. A third-party title IX investigation under this
subdivision does not prohibit the university from simultaneously conducting its
own title IX investigation through its own title IX coordinator.
(2) Each public university that receives an appropriation in
section 236 shall also certify that its president or chancellor and a member of
its governing board has reviewed all title IX reports involving the alleged
sexual misconduct of an employee of the university, and shall send the
certification to the house and senate appropriations subcommittees on higher
education, the house and senate fiscal agencies, and the state budget director
by October 1, 2019.2020.
(3) For purposes of this section, “sexual misconduct”
includes, but is not limited to, any of the following:
(a) Intimate partner violence.
(b) Nonconsensual sexual conduct.
(c) Sexual assault.
(d) Sexual exploitation.
(e) Sexual harassment.
(f) Stalking.
Sec. 267. All public universities shall
submit the amount of tuition and fees actually charged to a full-time resident
undergraduate student for academic year 2019-2020 2020-2021 as part of their higher education institutional
data inventory (HEIDI) data by October 1, 2019, 2020, and by August 31 of the last business day of
August each year thereafter. A public university
shall report any revisions for any semester of the reported academic year 2019-2020 2020-2021 tuition and fee charges to HEIDI within 15 days of being
adopted.
Sec. 268. (1) For the fiscal year ending
September 30, 2020, 2021, it is the intent of the legislature that funds be allocated
for unfunded North American Indian tuition waiver costs incurred by public
universities under 1976 PA 174, MCL 390.1251 to 390.1253, from the general
fund.
(2) By February January 15 of each year, the department of civil rights shall
annually submit to the state budget director, the house and senate
appropriations subcommittees on higher education, and the house and senate
fiscal agencies a report on North American Indian tuition waivers for the
preceding academic year that includes, but is not limited to, all of the
following information:
(a) The number of waiver applications received and the number
of waiver applications approved.
(b) For each university submitting
information under subsection (3), all of the following:
(i)
The number of graduate and undergraduate North American Indian students
enrolled each term for the previous academic year.
(ii)
The number of North American Indian waivers granted each term, including to
continuing education students, and the monetary value of the waivers for the
previous academic year.
(iii)
The number of graduate and undergraduate students attending under a North
American Indian tuition waiver who withdrew from the university each term
during the previous academic year. For purposes of this subparagraph, a
withdrawal occurs when a student who has been awarded the waiver withdraws from
the institution at any point during the term, regardless of enrollment in
subsequent terms.
(iv)
The number of graduate and undergraduate students attending under a North
American Indian tuition waiver who successfully complete a degree or
certificate program, separated by degree or certificate level, and the
graduation rate for graduate and undergraduate students attending under a North
American Indian tuition waiver who complete a degree or certificate within 150%
of the normal time to complete, separated by the level of the degree or certificate.
(3) A public university that receives funds
under section 236, or a tribal college receiving pass-through funds under section
269, 270, or 270c, shall provide to the department of civil rights any
information necessary for preparing the report detailed in subsection (2),
using guidelines and procedures developed by the department of civil rights.
(4) The department of civil rights may
consolidate the report required under this section with the report required
under section 223, but a consolidated report must separately identify data for
universities and data for community colleges.
Sec. 269. For fiscal year 2019-2020, 2020-2021, from the amount appropriated in section 236 to Central
Michigan University for operations, $29,700.00 costs incurred under the
North American Indian tuition waiver, $79,700.00 shall be paid to Saginaw Chippewa Tribal College for the
costs of waiving tuition for North American Indians under 1976 PA 174, MCL
390.1251 to 390.1253. It is the intent of the legislature that Saginaw Chippewa Tribal
College provide the department of civil rights the necessary information for
the college to be included in the report required under section 268.
Sec. 270. For fiscal year 2019-2020, 2020-2021, from the amount appropriated in section 236 to Lake Superior
State University for operations, $100,000.00 costs incurred under the
North American Indian tuition waiver, $0.00 shall be paid to Bay Mills Community College for the costs of
waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to
390.1253. It is the intent of the legislature that Bay Mills Community
College provide the department of civil rights the necessary information for
the college to be included in the report required under section 268.
Sec. 270b. (1) For fiscal year 2020-2021, from
the amount appropriated in section 236 to Lake Superior State University for
1-time pass-through payment for Bay Mills Community College, $1,000,000.00 is
to be paid to Bay Mills Community College for the costs of educating non-Native
American students.
(2) The state treasurer shall direct Lake Superior State
University to provide the payment described in subsection (1) after the state
budget director determines that Bay Mills Community College submitted all of
the information described in subdivisions (a) to (f), as follows, in the form
and manner specified by the center. If the state budget director determines
that Bay Mills Community College failed to submit any of the following
information in the form and manner specified by the center, the state treasurer
shall, subject to subsection (3), direct Lake Superior State University to
withhold the payment from the community college until that information is
submitted:
(a) The Michigan community colleges verified data inventory data for
the preceding academic year to the center by the first business day of December
of each year as specified in section 217.
(b) The college credit opportunity data set as specified in
section 209.
(c) The longitudinal data set for the preceding academic year to
the center as specified in section 219.
(d) The annual independent audit as specified in section 222.
(e) Tuition and mandatory fees information for the current
academic year as specified in section 225.
(f) The number and type of associate degrees and other
certificates awarded during the previous academic year as specified in section
226.
(3) The state budget director shall notify the chairs of the house
and senate appropriations subcommittees on community colleges at least 10 days
before directing funds to be withheld from Bay Mills Community College under
this section.
Sec. 270c. For fiscal year 2020-2021, from the
amount appropriated in section 236 to Northern Michigan University for costs
incurred under the North American Indian tuition waiver, $50,000.00 is to be
paid to Keweenaw Bay Ojibwa Community College for the costs of waiving tuition
for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253. It is
the intent of the legislature that Keweenaw Bay Ojibwa Community College
provide the department of civil rights the necessary information for the
community college to be included in the report required under section 268.
Sec. 275. (1) Each public university that receives an
appropriation in section 236 shall do all of the following:
(a) Meet the provisions of section 5003 of
the post-911 veterans educational assistance act of 2008, 38 USC 3301 to 3327,
including voluntary participation in the Yellow Ribbon GI Education Enhancement
Program established in that act in 38 USC 3317. By October 1 of each year, each
public university shall report to the house and senate appropriations
subcommittees on higher education, the house and senate fiscal agencies, and
the Michigan Association of State Universities on whether or not it has chosen
to participate in the Yellow Ribbon GI Education Enhancement Program. If at any
time during the fiscal year a university participating in the Yellow Ribbon
Program chooses to leave the Yellow Ribbon Program, it shall notify the house
and senate appropriations subcommittees on higher education, the house and
senate fiscal agencies, and the Michigan Association of State Universities.
(b) Establish an on-campus veterans’
liaison to provide information and assistance to all student veterans.
(c) Provide flexible enrollment application
deadlines for all veterans.
(d) Include in its admission application
process a specific question as to whether an applicant for admission is a
veteran, an active member of the military, a member of the National Guard or
military reserves, or the spouse or dependent of a veteran, active member of
the military, or member of the National Guard or military reserves, in order to
more quickly identify potential educational assistance available to that applicant.
(e) Consider all veterans residents of this
state for determining their tuition rates and fees.
(f) Waive enrollment fees for all veterans.
(g) Provide reasonable programming and scheduling accommodations
necessary to facilitate a student’s military, national guard, or military
reserves duties and training obligations.
(2) By October 1 of each year, each public
university shall report to the house and senate appropriations subcommittees on
higher education, the house and senate fiscal agencies, and the department of
military and veterans affairs regarding services provided specifically to
veterans and active military duty personnel, including, but not limited to, the
services described in subsection (1).
(3) As used in this section, “veteran”
means an honorably discharged veteran entitled to educational assistance under
the provisions of section 5003 of the post-911 veterans educational assistance
act of 2008, 38 USC 3301 to 3327.
Sec. 275f. By February 1, 2021, each public
university receiving an appropriation in section 236 shall submit to the senate
and house appropriations subcommittees on higher education, the senate and
house fiscal agencies, and the state budget director a report on activities
related to strategic planning and internal assessment or reassessment to best
provide for open and free expression and speech, while protecting students from
hate-speech, violence, and discrimination.
Sec. 275g. (1) By September 30, 2021, each
public university receiving an appropriation in section 236 shall submit a
report to the senate and house appropriations subcommittees on higher
education, the senate and house fiscal agencies, and the state budget director
containing the following information:
(a) The number of students enrolled during the 2020-2021 academic
year.
(b) The number of courses offered by course type.
(c) The number of students enrolled by course type.
(d) The drop rate and pass/fail rate by course type.
(e) The average number of credit hours for which each student was
enrolled at the start and end of each semester.
(f) The number of students residing on campus each semester.
(g) The number of students residing on campus between semesters.
(2) By November 1, 2020, each public university receiving an
appropriation in section 236 shall submit a report to the senate and house
appropriations subcommittees on higher education, the senate and house fiscal
agencies, and the state budget director containing the following information:
(a) A list of any student fees assessed related to online
learning, and the amount of those fees.
(b) A list of any student fees assessed related to COVID-19, and
the amount of those fees.
(c) A timeline of when decisions regarding the course types
offered during the 2020-2021 academic year were made, and whether there were changes
to those decisions before the academic year began.
(d) An overview of COVID-19 mitigation strategies employed or that
may be employed, if necessary.
(e) An overview of COVID-19 testing criteria and mitigation
strategies employed for controlling an outbreak on campus.
(3) As used in this section, “course type” means
the style of course delivery as being in-person, online, or as a hybrid of
in-person and online learning.
Sec. 275h. It is the intent of the legislature to ensure that 60%
of Michigan’s residents achieve a postsecondary credential, high-quality
industry certification, associate degree, or bachelor’s degree by 2030.
Sec. 275i. (1) Each public university receiving an appropriation
in section 236 shall use a portion of those funds to collect demographic
information about students with dependent children to better identify the needs
of those students, barriers to degree and certification completion for them,
and campus support structures and resources available to them. This demographic
information must include at least all of the following:
(a) The number of students with dependent
children enrolled per semester.
(b) The number of students with dependent
children enrolled living in university residence halls, in dormitories, and in
apartments.
(c) The names of programs and resources
available to students with dependent children, as well as offices that support
those students.
(d) Identified barriers to certificate or degree
completion for students with dependent children.
(2) A public university shall collect
demographic information from students with dependent children through a method
best determined by the institution using best practice research methodology.
This may include admission application questions, incoming-student orientation
surveys, campus-wide climate surveys, financial aid surveys, housing surveys,
or partnerships with government and nonprofit agencies that can provide general
data that protects the individual privacy rights of students with dependent
children.
(3) Student privacy rights must be protected
during the collection process. Reporting must be voluntary on the part of
students with dependent children. The public university shall include privacy
protections for students and a description of the rationale for collecting the
data.
(4) Each public university shall report to the
senate and house appropriations subcommittees on higher education, the senate
and house fiscal agencies, and the state budget director its collected data and
survey results by the first business day of February.
(5) The collected data on students with
dependent children will be used by the legislature to inform future
appropriation decisions.
Sec. 276. (1) Included in the appropriation
for fiscal year 2019-2020 2020-2021 for each public university in section 236 is funding for the
Martin Luther King, Jr. - Cesar Chavez - Rosa Parks future faculty program that
is intended to increase the pool of academically or economically disadvantaged
candidates pursuing faculty teaching careers in postsecondary education.
Preference may not be given to applicants on the basis of race, color,
ethnicity, gender, or national origin. Institutions should encourage
applications from applicants who would otherwise not adequately be represented
in the graduate student and faculty populations. Each public university shall
apply the percentage change applicable to every public university in the
calculation of appropriations in section 236 to the amount of funds allocated
to the future faculty program.
(2) The program shall be administered by each public
university in a manner prescribed by the workforce development agency. department of labor and
economic opportunity. The workforce development agency department of labor and
economic opportunity shall use a good faith effort standard to
evaluate whether a fellowship is in default.
Sec. 277. (1) Included in the appropriation
for fiscal year 2019-2020 2020-2021 for each public university in section 236 is funding for the
Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college day program that is
intended to introduce academically or economically disadvantaged schoolchildren
to the potential of a college education. Preference may not be given to
participants on the basis of race, color, ethnicity, gender, or national
origin. Public universities should encourage participation from those who would
otherwise not adequately be represented in the student population.
(2) Individual program plans of each public university shall
include a budget of equal contributions from this program, the participating
public university, the participating school district, and the participating
independent degree-granting college. College day funds shall not be expended to
cover indirect costs. Not more than 20% of the university match shall be
attributable to indirect costs. Each public university shall apply the
percentage change applicable to every public university in the calculation of
appropriations in section 236 to the amount of funds allocated to the college
day program.
(3) The program described in this section shall be
administered by each public university in a manner prescribed by the workforce development agency.department of labor and
economic opportunity.
Sec. 278. (1) Included in section 236 for
fiscal year 2019-2020 2020-2021 is funding for the Martin Luther King, Jr. - Cesar Chavez -
Rosa Parks select student support services program for developing academically
or economically disadvantaged student retention programs for 4-year public and
independent educational institutions in this state. Preference may not be given
to participants on the basis of race, color, ethnicity, gender, or national
origin. Institutions should encourage participation from those who would
otherwise not adequately be represented in the student population.
(2) An award made under this program to any 1 institution
shall not be greater than $150,000.00, and the amount awarded shall be matched
on a 70% state, 30% college or university basis.
(3) The program described in this section shall be
administered by the workforce development agency.department of labor and
economic opportunity.
Sec. 279. (1) Included in section 236 for
fiscal year 2019-2020 2020-2021 is funding for the Martin Luther King, Jr. - Cesar Chavez -
Rosa Parks college/university partnership program between 4-year public and
independent colleges and universities and public community colleges, which is
intended to increase the number of academically or economically disadvantaged
students who transfer from community colleges into baccalaureate programs. Preference
may not be given to participants on the basis of race, color, ethnicity,
gender, or national origin. Institutions should encourage participation from
those who would otherwise not adequately be represented in the transfer student
population.
(2) The grants shall be made under the program described in
this section to Michigan public and independent colleges and universities. An
award to any 1 institution shall not be greater than $150,000.00, and the
amount awarded shall be matched on a 70% state, 30% college or university
basis.
(3) The program described in this section shall be
administered by the workforce development agency.department of labor and
economic opportunity.
Sec. 280. (1) Included in the appropriation
for fiscal year 2019-2020 2020-2021 for each public university in section 236 is funding for the
Martin Luther King, Jr. - Cesar Chavez - Rosa Parks visiting professors program
which is intended to increase the number of instructors in the classroom to
provide role models for academically or economically disadvantaged students.
Preference may not be given to participants on the basis of race, color,
ethnicity, gender, or national origin. Public universities should encourage
participation from those who would otherwise not adequately be represented in
the student population.
(2) The program described in this section shall be
administered by the workforce development agency.department of labor and
economic opportunity.
Sec. 281. (1) Included in the appropriation
for fiscal year 2019-2020 2020-2021 in section 236 is funding under the Martin Luther King, Jr. -
Cesar Chavez - Rosa Parks initiative for the Morris Hood, Jr. educator
development program which is intended to increase the number of academically or
economically disadvantaged students who enroll in and complete K-12 teacher
education programs at the baccalaureate level. Preference may not be given to
participants on the basis of race, color, ethnicity, gender, or national
origin. Institutions should encourage participation from those who would otherwise
not adequately be represented in the teacher education student population.
(2) The program described in this section shall be
administered by each state-approved teacher education institution in a manner
prescribed by the workforce development agency.department of labor and
economic opportunity.
(3) Approved teacher education institutions may and are
encouraged to use student support services funding in coordination with the
Morris Hood, Jr. funding to achieve the goals of the program described in this
section.
Sec. 281a. (1) Each public university that receives an amount of
the appropriations in section 236 for the Martin Luther King, Jr. - Cesar
Chavez - Rosa Parks initiatives shall submit a report to the department of
labor and economic opportunity by December 15 of each year containing, at a
minimum, all of the following information from the immediately preceding
academic year:
(a) For the future faculty program detailed in
section 276, the number of completions by degree type, and the fellowship
default rate.
(b) For the college day program detailed in
section 277, the number of students served and the amount of matching funds
from each college and participating school district.
(c) For the select student support services
program detailed in section 278, the number of students served, the amount of
any university matching funds for the program, and the number and percentage of
program participants who graduate.
(d) For the college/university partnership
program detailed in section 279, the number of students served, the number of
bachelor’s degrees conferred to program participants, the 6-year graduation
rate of program participants, and the amount of any university matching funds
for the program.
(e) For the visiting professors program detailed
in section 280, the number of students who took a class taught by an instructor
hired using program funds, the number of instructors hired using program funds,
the number of class sections taught by instructors hired using program funds,
and the amount of any university matching funds for the program.
(f) For the educator development program detailed in section 281,
the number of students participating in the program and the number of
education-related bachelor’s degrees conferred to participants in the program.
(2) By February 15 of each year, the department
of labor and economic opportunity shall compile the reports submitted under
subsection (1) and submit them to the house and senate appropriations
subcommittees on higher education, the house and senate fiscal agencies, and
the state budget director.
Sec. 282. Each institution receiving funds
for fiscal year 2019-2020 2020-2021 under section 278, 279, or 281 shall provide to the workforce development agency department of labor and
economic opportunity by April 15, 2020 2021 the unobligated and unexpended funds as of March 31, 2020 2021 and a plan to expend the remaining funds by the end of the
fiscal year. Notwithstanding the award limitations in sections 278 and
279, the amount of funding reported as not being expended will be reallocated
to the institutions that intend to expend all funding received under section
278, 279, or 281.
Sec. 289. (1) At In accordance with section 299(4) of the
management and budget act, 1984 PA 431, MCL 18.1299, at least once every 4 years, the auditor general shall audit
higher education institutional data inventory (HEIDI) data submitted by all
public universities under section 241 and may perform audits of selected public
universities if determined necessary. The audits shall be based upon the
definitions, requirements, and uniform reporting categories established by the
state budget director in consultation with the HEIDI advisory committee. The
auditor general shall submit a report of findings to the house and senate
appropriations committees and the state budget director no later than July 1 of
each year an audit takes place.
(2) Student credit hours reports shall not include the
following:
(a) Student credit hours generated through instructional
activity by faculty or staff in classrooms located outside Michigan, with the
exception of instructional activity related to study-abroad programs or field
programs.
(b) Student credit hours generated through credit by
examination.
(c) Student credit hours generated in new degree programs
created on or after January 1, 1975 and before January 1, 2013, that were not
specifically authorized for funding by the legislature, except spin-off
programs converted from existing core programs, and student credit hours
generated in any new degree programs created after January 1, 2013, that are
specifically excluded from reporting by the legislature under this section.
Sec.
296. (1) If the maximum amount appropriated under this act from the state
school aid fund for a fiscal year exceeds the amount necessary to fully fund
allocations under this act from the state school aid fund, that excess amount
shall not be expended in that state fiscal year and shall not lapse to the
general fund, but instead shall be deposited into the school aid stabilization
fund created in section 11a.
(2) If the total maximum
amount appropriated under all articles of this act from the state school aid
fund and the school aid stabilization fund exceeds the amount available for
expenditure from the state school aid fund for that fiscal year, payments under
sections 11f, 11g, 11j, 11m,
22a, 26a, 26b, 26c, 31d, 31f,
51a(2), 51a(12), 51a(11), 51c,
53a, 56, 147c, 147e(2)(a), and 152a
shall be made in full. In addition, for districts beginning operations after
1994-95 that qualify for payments under section 22b, payments under section 22b
shall be made so that the qualifying districts receive the lesser of an amount
equal to the 1994-95 foundation allowance of the district in which the district
beginning operations after 1994-95 is located or $5,500.00. The amount of the
payment to be made under section 22b for these qualifying districts shall be as
calculated under section 22a, with the balance of the payment under section 22b
being subject to the proration otherwise provided under this subsection and
subsection (3). If proration is necessary, state payments under each of the
other sections of article I from all state funding sources, and state
appropriations to community colleges and public universities under articles II
and III from the state school aid fund, shall be prorated in the manner
prescribed in subsection (3) as necessary to reflect the amount available for
expenditure from the state school aid fund for the affected fiscal year.
However, if the department of treasury determines that proration will be
required under this subsection, or if the department of treasury determines
that further proration is required under this subsection after an initial
proration has already been made for a fiscal year, the department of treasury
shall notify the state budget director, and the state budget director shall
notify the legislature at least 30 calendar days or 6 legislative session days,
whichever is more, before the department reduces any payments under this act
because of the proration. During the 30-calendar-day or
6-legislative-session-day period after that notification by the state budget
director, the department shall not reduce any payments under this act because
of proration under this subsection. The legislature may prevent proration from
occurring by, within the 30-calendar-day or 6-legislative-session-day period
after that notification by the state budget director, enacting legislation
appropriating additional funds from the general fund, countercyclical budget
and economic stabilization fund, state school aid fund balance, or another
source to fund the amount of the projected shortfall.
(3) If proration is
necessary under subsection (2), the department shall calculate the proration in
district and intermediate district payments under article I that is required
under subsection (2), and the department of treasury shall calculate the
proration in community college and public university payments under articles II
and III that is required under subsection (2), as follows:
(a)
The department and the department of treasury shall calculate the percentage of
total state school aid fund money that is appropriated and allocated under this
act for the affected fiscal year for each of the following:
(i) Districts.
(ii) Intermediate districts.
(iii) Entities receiving funding from the
state school aid fund under article I other than districts or intermediate
districts.
(iv) Community colleges and public
universities that receive funding from the state school aid fund.
(b)
The department shall recover a percentage of the proration amount required
under subsection (2) that is equal to the percentage calculated under
subdivision (a)(i) for districts by
reducing payments to districts. This reduction shall be made by calculating an
equal dollar amount per pupil as necessary to recover this percentage of the
proration amount and reducing each district’s total state school aid from state
sources, other than payments under sections 11f, 11g, 11j, 11m, 22a, 26a, 26b, 26c, 31d, 31f, 51a(2), 51a(12), 51a(11), 51c, 53a, 147c, 147e(2)(a), and 152a, by that amount.
(c)
The department shall recover a percentage of the proration amount required
under subsection (2) that is equal to the percentage calculated under
subdivision (a)(ii) for intermediate
districts by reducing payments to intermediate districts. This reduction shall
be made by reducing the payments to each intermediate district, other than
payments under sections 11f, 11g, 26a, 26b, 26c, 51a(2), 51a(12), 51a(11),
53a, 56, 147c, 147e(2)(a), and
152a, on an equal percentage basis.
(d)
The department shall recover a percentage of the proration amount required
under subsection (2) that is equal to the percentage calculated under
subdivision (a)(iii) for entities
receiving funding from the state school aid fund under article I other than
districts and intermediate districts by reducing payments to these entities.
This reduction shall be made by reducing the payments to each of these
entities, other than payments under sections 11j, 11m, 26a, and 26b,
and 26c on an equal percentage basis.
(e)
The department of treasury shall recover a percentage of the proration amount
required under subsection (2) that is equal to the percentage calculated under
subdivision (a)(iv) for community
colleges and public universities that receive funding from the state school aid
fund by reducing that portion of the payments under articles II and III to
these community colleges and public universities, other than payments under sections 201(5) and 236(4), that is
from the state school aid fund on an equal percentage basis.
Enacting
section 1. (1) In accordance with section 30 of article IX of the state
constitution of 1963, total state spending on school aid under article I of the
state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended
by 2019 PA 58, 2019 PA 162, 2020 PA 146, and this amendatory act, from state
sources for fiscal year 2019-2020 is estimated at $13,051,648,700.00 and state
appropriations for school aid to be paid to local units of government for
fiscal year 2019-2020 are estimated at $12,845,578,900.00. In accordance with
section 30 of article IX of the state constitution of 1963, total state
spending on school aid under article I of the state school aid act of 1979,
1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2020 PA 147, 2020 PA 148,
2020 PA 149, and this amendatory act, from state sources for fiscal year
2020-2021 is estimated at $13,718,286,400.00 and state appropriations for
school aid to be paid to local units of government for fiscal year 2020-2021
are estimated at $13,546,289,200.00.
(2) In accordance with section 30 of
article IX of the state constitution of 1963, total state spending from state
sources for community colleges for fiscal year 2020-2021 under article II of
the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830, is
estimated at $425,667,600.00 and the amount of that state spending from state
sources to be paid to local units of government for fiscal year 2020-2021 is
estimated at $425,667,600.00.
(3) In accordance with section 30 of
article IX of the state constitution of 1963, total state spending from state
sources for higher education for fiscal year 2020-2021 under article III of the
state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, is
estimated at $1,573,899,000.00 and the amount of that state spending from state
sources to be paid to local units of government for fiscal year 2020-2021 is
estimated at $0.00.
Enacting section 2. (1) Article V of the
state school aid act of 1979, 1979 PA 94, MCL 388.1897 to 388.1897l, is repealed effective October 1, 2020.
(2) Sections 31b, 35c, 54e, 61f, 64d, 74a,
95a, 99v, 102d, 201a, 201c, 210f, 236a, 236g, and 265c of the state school aid
act of 1979, MCL 388.1631b, 388.1635c, 388.1654e, 388.1661f, 388.1664d,
388.1674a, 388.1695a, 388.1699v, 388.1702d, 388.1801a, 388.1801c, 388.1810f,
388.1836a, 388.1836g, and 388.1865c, are repealed effective October 1, 2020.
Enacting section 3. (1) Except as otherwise
provided in subsection (2), this amendatory act takes effect October 1, 2020.
(2) Sections 11, 11p, 22a, 22b, 31n, 51c,
56, 62, and 99w of the state school aid act of 1979, MCL 388.1611, 388.1611p,
388.1622a, 388.1622b, 388.1631n, 388.1651c, 388.1656, 388.1662, and 388.1699w,
as amended by this amendatory act, take effect upon enactment of this
amendatory act.
Second: That the House
and Senate agree to the title of the bill to read as follows:
A bill to amend 1979
PA 94, entitled “An act to make appropriations to aid in the support of the
public schools, the intermediate school districts, community colleges, and
public universities of the state; to make appropriations for certain other
purposes relating to education; to provide for the disbursement of the
appropriations; to authorize the issuance of certain bonds and provide for the
security of those bonds; to prescribe the powers and duties of certain state
departments, the state board of education, and certain other boards and
officials; to create certain funds and provide for their expenditure; to prescribe
penalties; and to repeal acts and parts of acts” by amending sections 2, 3, 6,
11, 11a, 11d, 11j, 11k, 11m, 11p, 11s, 15, 17c, 18, 18a, 20, 20d, 20f, 21h,
22a, 22b, 22d, 22m, 22p, 24, 24a, 25f, 25g, 26a, 26b, 26c, 28, 31a, 31d, 31f,
31j, 31n, 32d, 32p, 35a, 35b, 39, 39a, 41, 51a, 51c, 51d, 51f, 53a, 54, 54b,
54d, 55, 56, 61a, 61b, 61d, 62, 65, 67, 74, 81, 94, 94a, 95b, 98, 98a, 99h,
99s, 99t, 99u, 99w, 99x, 101, 104, 105, 105c, 107, 147, 147a, 147c, 147e, 152a,
152b, 163, 201, 202a, 203, 205, 206, 207a, 207b, 207c, 209, 209a, 217, 222,
223, 226, 229, 229a, 230, 236, 236b, 236c, 237b, 238, 241, 242, 245, 245a, 256,
263, 264, 265, 265b, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281,
282, 289, and 296 (MCL 388.1602, 388.1603, 388.1606, 388.1611, 388.1611a,
388.1611d, 388.1611j, 388.1611k, 388.1611m, 388.1611p, 388.1611s, 388.1615,
388.1617c, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621h,
388.1622a, 388.1622b, 388.1622d, 388.1622m, 388.1622p, 388.1624, 388.1624a,
388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1628, 388.1631a,
388.1631d, 388.1631f, 388.1631j, 388.1631n, 388.1632d, 388.1632p, 388.1635a,
388.1635b, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d,
388.1651f, 388.1653a, 388.1654, 388.1654b, 388.1654d, 388.1655, 388.1656,
388.1661a, 388.1661b, 388.1661d, 388.1662, 388.1665, 388.1667, 388.1674,
388.1681, 388.1694, 388.1694a, 388.1695b, 388.1698, 388.1698a, 388.1699h,
388.1699s, 388.1699t, 388.1699u, 388.1699w, 388.1699x, 388.1701, 388.1704, 388.1705,
388.1705c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1747e, 388.1752a,
388.1752b, 388.1763, 388.1801, 388.1802a, 388.1803, 388.1805, 388.1806,
388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1817, 388.1822,
388.1823, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836b,
388.1836c, 388.1837b, 388.1838, 388.1841, 388.1842, 388.1845, 388.1845a,
388.1856, 388.1863, 388.1864, 388.1865, 388.1865b, 388.1867, 388.1868,
388.1869, 388.1870, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880,
388.1881, 388.1882, 388.1889, and 388.1896), section 2 as amended by 2018 PA
227, sections 3, 203, 222, 223, 237b, and 275 as amended by 2017 PA 108,
sections 6, 11p, and 104 as amended by 2020 PA 149, sections 11, 11m, 20, 22a,
22b, 26c, 31j, 32d, 51a, 51c, 61a, 94a, 95b, 99h, 147c, 147e, 201, 236, and 256
as amended by 2020 PA 146, sections 11a, 11j, 11k, 11s, 15, 18, 20d, 20f, 21h,
22m, 22p, 24, 24a, 26a, 26b, 31d, 31f, 31n, 32p, 39, 39a, 41, 51d, 53a, 54,
54b, 56, 61b, 61d, 62, 65, 67, 74, 81, 94, 98, 99s, 107, 147, 147a, and 152a as
amended by 2019 PA 58, section 11d as added by 2020 PA 146, sections 17c, 35b,
and 99u as amended by 2018 PA 586, section 18a as amended by 2015 PA 85,
sections 22d, 25f, 25g, 31a, and 35a as amended by 2019 PA 162, section 54d as
amended and sections 28 and 51f as added by 2019 PA 58, sections 55, 99t, 152b,
226, and 229 as amended by 2018 PA 265, section 98a as added by 2020 PA 149,
sections 99w and 99x as added by 2018 PA 586, section 101 as amended by 2020 PA
148, sections 105 and 105c as amended by 2008 PA 268, section 163 as amended by
2018 PA 266, section 202a as amended by 2016 PA 249, sections 205, 238, and 242
as amended by 2012 PA 201, sections 206, 207a, 207b, 207c, 209, 209a, 217,
229a, and 230 as amended by 2019 PA 52, sections 236b, 236c, 241, 245, 245a,
263, 264, 265, 265b, 267, 268, 269, 270, 276, 277, 278, 279, 280, 281, 282, and
289 as amended by 2019 PA 62, and section 296 as added by 2011 PA 62, and by
adding sections 25i, 25j, 29a, 31k, 35d, 35e, 35f, 67a, 94b, 98d, 99i, 99z,
104f, 104g, 226a, 226b, 226d, 226e, 259, 260, 270b, 270c, 275f, 275g, 275h,
275i, and 281a; and to repeal acts and parts of acts.
Shane
Hernandez
Aaron
Miller
Jon
Hoadley
Conferees
for the House
Jim
Stamas
Wayne
A. Schmidt
Curtis
Hertel, Jr
Conferees
for the Senate
The
question being on the adoption of the conference report,
The first conference report was adopted, a majority of the members
serving voting therefor, as follows:
Roll Call No.
321 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—1
Barrett
Excused—1
Hollier
Not
Voting—0
In The Chair: President
Senator
MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members
serving voting therefor.
The motion prevailed.
Senator
Stamas’ statement is as follows:
This budget recognizes the
challenges students, parents, and teachers are facing in this unprecedented
time, especially in the school year. Even as we face a budget shortfall, we’ve
increased funding to our K-12 students. This bill includes a $65 per pupil
increase, it has an additional $66 million for growing schools, $37 million for
student mental health support, $3 million for early childhood literacy—it has
so many things that we were very concerned would be challenged, yet this
chamber, Senator Schmidt, and Senator LaSata have both taken time to prioritize
education as one of our number one things in this bill. I want to thank the
good Senators for their work and I would ask for support on this bill.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:46 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
By
unanimous consent the Senate proceeded to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator VanderWall as Chairperson.
After
some time spent therein, the Committee arose; and the President pro tempore, Senator
Nesbitt having assumed the Chair, the Committee reported back to the Senate,
favorably and without amendment, the following bills:
Senate Bill No. 536, entitled
A bill
to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001
to 250.2083) by adding section 1070a.
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” (MCL 780.621 to 780.624) by adding section 1c.
House Bill No. 4983, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction
in certain criminal cases; to provide for the effect of such action; to provide
for the retention of certain nonpublic records and their use; to prescribe the
powers and duties of certain public agencies and officers; and to prescribe
penalties,” (MCL 780.621 to 780.624) by adding section 1d.
House Bill No. 4984, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2016
PA 336.
House Bill No. 5120, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” (MCL 780.621 to 780.624) by adding section 1f.
Senate Bill No. 682, entitled
A bill
to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 28
of chapter XIIA (MCL 712A.28), as amended by 1998 PA 478.
The
bills were placed on the order of Third Reading of Bills.
House Bill No. 5289, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending sections 2882
and 2891 (MCL 333.2882 and 333.2891), section 2882 as amended by 2002 PA 691
and section 2891 as amended by 2019 PA 89.
Substitute
(S-1)
House Bill No. 4980, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” by amending sections 2, 3, and 4 (MCL 780.622, 780.623,
and 780.624), sections 2 and 4 as amended by 2014 PA 335 and section 3 as
amended by 2014 PA 463, and by adding section 1g.
Substitute
(S-6)
The following are the amendments to the substitute recommended by the
Committee of the Whole:
1. Amend
page 5, line 14, after “used” by inserting “as authorized under section
3 and”.
2. Amend page 6, line 22, after “police”
by striking out “and” and inserting a comma.
3. Amend page 6, line 23, after “budget”
by inserting a comma and “and the state
court administrative office”.
4. Amend page 10, following line 12, by inserting:
“(6)
An entity is not liable for damages or subject to criminal penalties under this
section for reporting a public record of conviction that has been set aside by
court order or operation of law, if that record was available as a public record
on the date of the report.” and renumbering the remaining subsection.
House Bill No. 4982, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” (MCL 780.621 to 780.624) by adding section 1e.
Substitute
(S-2)
House Bill No. 4985, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” (MCL 780.621 to 780.624) by adding section 1b.
Substitute
(S-2)
Senate Bill No. 681, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2018 PA 142, and by adding section 18t of chapter XIIA.
Substitute (S-3)
The Senate agreed to the substitute recommended by the
Committee of the Whole, and the bill as substituted was placed on the order of
Third Reading of Bills.
By
unanimous consent the Senate returned to the order of
Motions and Communications
House Bill No. 4980
House Bill No. 4981
House Bill No. 4982
House Bill No. 4983
House Bill No. 4984
House Bill No. 4985
House Bill No. 5120
Senate Bill No. 681
Senate Bill No. 682
The motion prevailed, a majority of the
members serving voting therefor.
By
unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator
MacGregor moved that the Senate proceed to consideration of the following
bills:
Senate Bill No. 826
House Bill No. 4926
House Bill No. 4927
House Bill No. 4928
House Bill No. 4929
House Bill No. 4930
House Bill No. 5482
House Bill No. 5339
House Bill No. 5340
House Bill No. 4980
House Bill No. 4981
House Bill No. 4982
House Bill No. 4983
House Bill No. 4984
House Bill No. 4985
House Bill No. 5120
Senate Bill No. 681
Senate Bill No. 682
The
motion prevailed.
The
following bill was read a third time:
Senate Bill No. 826, entitled
A bill
to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a,
100b, 100c, 281b, 400, 420, 423, 425, 426, 427, 429, 430, 434, 435, 438, 452,
461, 463, 498o, 517, 532, 700, 740, and 742 (MCL 330.1100a, 330.1100b,
330.1100c, 330.1281b, 330.1400, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427,
330.1429, 330.1430, 330.1434, 330.1435, 330.1438, 330.1452, 330.1461, 330.1463,
330.1498o, 330.1517, 330.1532, 330.1700, 330.1740, and 330.1742), sections
100a, 400, and 420 as amended by 2018 PA 595, section 100b as amended by 2020
PA 55, section 100c as amended by 2020 PA 99, section 281b as added by 2014 PA
200, sections 423, 425, 426, 427, 429, and 463 as amended by 2016 PA 320,
sections 430, 498o, 700, and 740 as amended by 1995 PA 290, sections 434,
435, 438, 452, and 461 as amended by 2018 PA 593, sections 517 and 532 as
amended by 2018 PA 596, and section 742 as amended by 2004 PA 527.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
322 Yeas—36
Alexander Daley MacGregor Santana
Ananich Geiss McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Nays—0
Excused—1
Hollier
Not
Voting—1
Hertel
In The
Chair: Nesbitt
Senator
MacGregor moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the
members serving voting therefor.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
323 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 4926, entitled
A bill
to amend 2014 PA 86, entitled “Local community stabilization authority act,” by
amending sections 5, 13, and 14 (MCL 123.1345, 123.1353, and 123.1354), as
amended by 2018 PA 247.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
324 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—1
Barrett
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to create a metropolitan authority; to
prescribe the powers, duties, and jurisdictions of the metropolitan authority;
to prescribe the powers and duties of certain state officials; to levy,
collect, and distribute a tax; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4927, entitled
A bill
to amend 2014 PA 86, entitled “Local community stabilization authority act,” by
amending section 17 (MCL 123.1357), as amended by 2018 PA 616.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
325 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to create a metropolitan authority; to
prescribe the powers, duties, and jurisdictions of the metropolitan authority;
to prescribe the powers and duties of certain state officials; to levy,
collect, and distribute a tax; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4928, entitled
A bill
to amend 2014 PA 86, entitled “Local community stabilization authority act,” by
amending section 17 (MCL 123.1357), as amended by 2018 PA 616.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
326 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—1
Barrett
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill immediate
effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to create a metropolitan authority; to
prescribe the powers, duties, and jurisdictions of the metropolitan authority;
to prescribe the powers and duties of certain state officials; to levy,
collect, and distribute a tax; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4929, entitled
A bill
to amend 2014 PA 86, entitled “Local community stabilization authority act,” by
amending section 16a (MCL 123.1356a), as amended by 2018 PA 247.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
327 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—1
Barrett
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to create a metropolitan authority; to
prescribe the powers, duties, and jurisdictions of the metropolitan authority;
to prescribe the powers and duties of certain state officials; to levy,
collect, and distribute a tax; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4930, entitled
A bill
to amend 2014 PA 86, entitled “Local community stabilization authority act,” by
amending section 18 (MCL 123.1358), as amended by 2018 PA 616.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
328 Yeas—36
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Nays—1
Barrett
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to create a metropolitan authority; to
prescribe the powers, duties, and jurisdictions of the metropolitan authority;
to prescribe the powers and duties of certain state officials; to levy,
collect, and distribute a tax; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 5482, entitled
A bill
to provide for certain requirements regarding suicide prevention for schools;
to prescribe the rights, powers, duties, and privileges of schools, school
districts, public school academies, intermediate school districts, and other
public school entities; to provide for and prescribe the powers and duties of
certain state departments; and to provide for the regulation of certain school
employees.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
329 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 5339, entitled
A bill
to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending
section 36a (MCL 567.256a), as added by 2016 PA 312.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
330 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—15
Alexander Bullock Irwin Polehanki
Ananich Chang McCann Santana
Bayer Geiss McMorrow Wojno
Brinks Hertel Moss
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
President, Lieutenant Governor Gilchrist, resumed the Chair.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act concerning unclaimed property; to
provide for the reporting and disposition of unclaimed property; to make
uniform the law concerning unclaimed property; to prescribe the powers and
duties of certain state agencies and officials; to prescribe penalties and provide
remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 5340, entitled
A bill
to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending
section 36 (MCL 567.256), as amended by 2016 PA 312.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
331 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—15
Alexander Bullock Irwin Polehanki
Ananich Chang McCann Santana
Bayer Geiss McMorrow Wojno
Brinks Hertel Moss
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act concerning unclaimed property; to
provide for the reporting and disposition of unclaimed property; to make
uniform the law concerning unclaimed property; to prescribe the powers and
duties of certain state agencies and officials; to prescribe penalties and
provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 4980, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” by amending sections 2, 3, and 4 (MCL 780.622, 780.623,
and 780.624), sections 2 and 4 as amended by 2014 PA 335 and section 3 as
amended by 2014 PA 463, and by adding sections 1g, 1h, and 1i.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
332 Yeas—29
Alexander Daley MacGregor Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Horn Moss VanderWall
Bizon Irwin Outman Victory
Brinks Lucido Polehanki Wojno
Bullock MacDonald Santana Zorn
Chang
Nays—8
Bumstead LaSata McBroom Runestad
Johnson Lauwers Nesbitt Theis
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the title of the bill.
The
motion prevailed.
Senator Santana’s statement is as follows:
I also will agree with my colleague who took the opportunity to speak up on this issue. Over the past few years we have seen where, through driver responsibility fees, people have paid the price for driving under the influence and we have made them pay for that. In addition to that, because they were not able to get their driver’s license back, they were not able to have the upper mobility to have job opportunities. And so while I agree with my colleague and have taken the liberty to do the studies through the Criminal Justice Policy Commission to see where people who have DUIs are being penalized when they receive a DUI and that becomes a part of a habitual offense for their records, I would like to partner with you on working through this process to make sure that we are continuing to work on these issues to make sure that we’re giving people the opportunity to be redeemed and actually move on with their lives. I think that is very important. So as the Pretrial Incarceration Task Force package comes up, I hope that you all will support that as well because that is the next issue that we were planning on tackling through this process. So I look forward to working with the Senator from the Upper Peninsula and I hope that all my colleagues will also join me in working on making sure that we can move Michigan forward and move its people forward.
The
following bill was read a third time:
House Bill No. 4981, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction
in certain criminal cases; to provide for the effect of such action; to provide
for the retention of certain nonpublic records and their use; to prescribe the
powers and duties of certain public agencies and officers; and to prescribe
penalties,” (MCL 780.621 to 780.624) by adding section 1c.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
333 Yeas—34
Alexander Daley McCann Schmidt
Ananich Geiss McMorrow Shirkey
Barrett Hertel Moss Stamas
Bayer Horn Nesbitt Theis
Bizon Irwin Outman VanderWall
Brinks LaSata Polehanki Victory
Bullock Lucido Runestad Wojno
Bumstead MacDonald Santana Zorn
Chang MacGregor
Nays—3
Johnson Lauwers McBroom
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The Senate
agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 4982, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” (MCL 780.621 to 780.624) by adding section 1e.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
334 Yeas—35
Alexander Daley MacGregor Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Horn Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lucido Runestad Zorn
Chang MacDonald Santana
Nays—2
Lauwers McBroom
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 4983, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” (MCL 780.621 to 780.624) by adding section 1d.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
335 Yeas—35
Alexander Daley MacGregor Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Horn Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lucido Runestad Zorn
Chang MacDonald Santana
Nays—2
Lauwers McBroom
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 4984, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2016
PA 336.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
336 Yeas—30
Alexander Daley McCann Schmidt
Ananich Geiss McMorrow Shirkey
Barrett Hertel Moss Stamas
Bayer Horn Nesbitt VanderWall
Brinks Irwin Outman Victory
Bullock Lucido Polehanki Wojno
Bumstead MacDonald Santana Zorn
Chang MacGregor
Nays—7
Bizon LaSata McBroom Theis
Johnson Lauwers Runestad
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 4985, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” (MCL 780.621 to 780.624) by adding section 1b.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
337 Yeas—33
Alexander Geiss McCann Schmidt
Ananich Hertel McMorrow Shirkey
Barrett Horn Moss Stamas
Bayer Irwin Nesbitt Theis
Bizon LaSata Outman VanderWall
Brinks Lucido Polehanki Victory
Bullock MacDonald Runestad Wojno
Chang MacGregor Santana Zorn
Daley
Nays—4
Bumstead Johnson Lauwers McBroom
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
House Bill No. 5120, entitled
A bill
to amend 1965 PA 213, entitled “An act to provide for setting aside the
conviction in certain criminal cases; to provide for the effect of such action;
to provide for the retention of certain nonpublic records and their use; to
prescribe the powers and duties of certain public agencies and officers; and to
prescribe penalties,” (MCL 780.621 to 780.624) by adding section 1f.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
338 Yeas—35
Alexander Daley MacGregor Schmidt
Ananich Geiss McCann Shirkey
Barrett Hertel McMorrow Stamas
Bayer Horn Moss Theis
Bizon Irwin Nesbitt VanderWall
Brinks Johnson Outman Victory
Bullock LaSata Polehanki Wojno
Bumstead Lucido Runestad Zorn
Chang MacDonald Santana
Nays—2
Lauwers McBroom
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The
Senate agreed to the title of the bill.
Senator McBroom, under his constitutional right of
protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos.
4980, 4981, 4982, 4983, 4984, 4985, and 5120 and moved that the statement he
made during the discussion of House Bill No. 4980 be printed as his reasons for
voting “no.”
The motion prevailed.
Senator McBroom’s statement is as
follows:
Thank you for the opportunity to
address these bills. As members saw, I tried to make some significant changes
to them that I thought were very essential. Across the Upper Peninsula, I have
thousands of people who can’t get back into the jobs they’ve had, can’t get a
job that’s available, I have employers who are looking for people to work, and
yet because of a DUI in the past, they are not able to do this. And yet, we
are, in this package, granting expungements for DUIs for marijuana after just
four years, but we’re unwilling to do something to help people with DUIs
related to alcohol. I find that to be exceptionally unjust and unfair.
Of course, yeah, we could run
another bill later. We could work on this later, but I think most of us who
have been here have recognized some issues do not sustain well on their own and
need to be part of a larger effort. Right now, this opportunity is escaping us.
It’s slipping through our fingers to help thousands of people who at some point
in their life did something dumb—a lot of times they were kids—and now their
whole life is impacted by that. The whole message for why we’re trying to do
this expungement package could not be clearer than on somebody who got a DUI 20
years ago when they were 20 years old. To not make provision for that in this
package is a terrible injustice and it’s not good for the people who I
represent.
That’s why I’m voting “no” on
this package. I encourage everyone to vote “no” and send this back until this
is fixed. I understand the pressures from various groups who are passionate
about alcohol-related offenses and want to just continually throw the book at
anybody who ever happened to smell like alcohol in some situation, but that is
so narrow in sight compared to all the other things that we’re now offering
expungement to, but not this. We’re saying you’re a leper if you’ve got a DUI
from alcohol, but everything else we can forgive. I just can’t see why we can’t
stand up today against that zealotry and make a fair push for this issue.
I encourage people to vote “no.”
Stand up for the workers around this state who are suffering and who can’t get
back to work because of some mistake they made decades ago. If you didn’t like
the compromise I offered, let’s work out a different one. We can’t get anything
done if we let this opportunity slip through today.
The
following bill was read a third time:
Senate Bill No. 681, entitled
A bill
to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e
of chapter XIIA (MCL 712A.18e), as amended by 2018 PA 142, and by adding
section 18t to chapter XIIA.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
339 Yeas—34
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Horn McMorrow Stamas
Bayer Irwin Moss Theis
Bizon LaSata Nesbitt VanderWall
Brinks Lauwers Outman Victory
Bullock Lucido Polehanki Wojno
Chang MacDonald Santana Zorn
Daley MacGregor
Nays—3
Bumstead Johnson Runestad
Excused—1
Hollier
Not
Voting—0
In The
Chair: President
The
Senate agreed to the title of the bill.
Senator Irwin asked and was granted unanimous consent to
make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator
Irwin’s statement is as follows:
While
we just passed historic clean-slate legislation, this bill, Senate Bill No. 681,
and its partner, Senate Bill No. 682, are what I call clean-slate for kids,
which provide similar opportunities for a second chance for juveniles who
commit offenses but are able to stay clean and stay out of trouble for years
afterwards. So
I appreciate your support on this legislation and I want to thank the leadership
of the Senate for bringing this bill up. I think it’s an important addition to
the clean-slate package so that when both of these packages hopefully get
passed and signed into law, we can be providing a second chance to both our
adults but also our juveniles who have gone through the criminal justice system
and deserve at least as much of a second chance.
The
following bill was read a third time:
Senate Bill No. 682, entitled
A bill
to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 28
of chapter XIIA (MCL 712A.28), as amended by 1998 PA 478.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
340 Yeas—34
Alexander Geiss McBroom Schmidt
Ananich Hertel McCann Shirkey
Barrett Horn McMorrow Stamas
Bayer Irwin Moss Theis
Bizon LaSata Nesbitt VanderWall
Brinks Lauwers Outman Victory
Bullock Lucido Polehanki Wojno
Chang MacDonald Santana Zorn
Daley MacGregor
Nays—3
Bumstead Johnson Runestad
Excused—1
Hollier
Not
Voting—0
In
The Chair: President
The
Senate agreed to the title of the bill.
Recess
Senator
MacGregor moved that the Senate recess until 4:30 p.m.
The
motion prevailed, the time being 1:04 p.m.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 4:31 p.m.
The
Senate was called to order by the President pro tempore, Senator Nesbitt.
By
unanimous consent the Senate returned to the order of
Motions and Communications
The following communication was
received and read:
Office of the Auditor General
September 22, 2020
Enclosed is a copy of the
following report:
• Preliminary
survey summary of the Community College Skilled Trades Equipment Program,
Department of Labor and Economic Opportunity (186-0440-20).
Sincerely,
Doug
Ringler
Auditor
General
The preliminary survey summary
was referred to the Committee on Oversight.
Messages from the Governor
The following message from the Governor
was received on September 23, 2020, and read:
EXECUTIVE ORDER
No. 2020-182
Council
on Climate Solutions
Department
of Environment, Great Lakes, and Energy
The science is clear, and message
urgent: the earth’s climate is now changing faster than at any point in the
history of modern civilization, and human activities are largely responsible
for this change. Climate change already degrades Michigan’s environment, hurts
our economy, and threatens the health and well-being of our residents, with
communities of color and low-income Michiganders suffering most. Inaction over
the last half-century has already wrought devastating consequences for future
generations, and absent immediate action, these harmful effects will only
intensify. But we can avoid some of the worst harms by quickly reducing
greenhouse gas emissions and adapting nimbly to our changing environment.
At this moment, our state is
reckoning with the failure of U.S. officials to adequately prepare for the
challenges of a global pandemic. We cannot make the same mistake when it comes
to impending climate crises of food instability, crop-killing droughts, deadly
heatwaves, and intensifying weather events. Even now, fires of historic
proportion are raging across the West Coast, offering a tragic reminder that
climate change is a present-day threat and is not waiting for our attention.
To combat this climate crisis,
Michigan must take comprehensive, coordinated, and aggressive action. That is
why, with Executive Directive 2020-10, I directed the Department of
Environment, Great Lakes, and Energy, through its Office of Climate and Energy,
to develop, issue, and oversee the implementation of the MI Healthy Climate
Plan (“Plan”), which will serve as the action plan for this state to reduce
greenhouse gas emissions and transition toward economywide carbon neutrality.
The development and
implementation of this Plan would benefit from the guidance of a council
composed of individuals representing various sectors and communities throughout
this state, who can use their diversity of experiences and expertise to ensure
that Michigan pursues and achieves its carbon-neutrality goals as effectively
and equitably as possible.
Section 1 of article 5 of the
Michigan Constitution of 1963 vests the executive power of the State of
Michigan in the governor.
Section 8 of article 5 of the
Michigan Constitution of 1963 places each principal department of state
government under the supervision of the governor unless otherwise provided.
Section 8 of article 5 of the
Michigan Constitution of 1963 obligates the governor to take care that the laws
be faithfully executed.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Creating the Council on Climate Solutions
(a) The Council on Climate Solutions (“Council”) is
created as an advisory body within the Department of Environment, Great Lakes,
and Energy (“Department”).
(b) The Council must consist of:
(1) The director of the Department, or the director’s
designee from within the Department.
(2) The director of the Department of Agriculture
and Rural Development, or the director’s designee from within that department.
(3) The director of the Department of Labor and
Economic Opportunity, or the director’s designee from within that department.
(4) The director of the Department of Natural
Resources, or the director’s designee from within that department.
(5) The director of the Department of
Transportation, or the director’s designee from within that department.
(6) The director of the Department of Health and
Human Services, or the director’s designee from within that department.
(7) The chairperson of the Michigan Public Service
Commission, or the chairperson’s designee from within that agency.
(8) The Treasurer of the State of Michigan, or the
Treasurer’s designee from within the Department of the Treasury.
(9) The Chief Executive Officer of the Michigan
Economic Development Corporation, or the Chief Executive Officer’s designee
from within that organization.
(10) 14 residents of this state appointed by
the governor representing the range of sectors, experiences, and expertise
relevant to this issue.
(c) Of the Council members initially appointed
under section 1(b)(10), 4 members must be appointed for a term of four years, 4
members must be appointed for a term of three years, 3 members must be
appointed for a term of 2 years, and 3 members must be appointed for a term of one
year. After these initial appointments, a member of the Council appointed under
section 1(b)(10) must be appointed for a term of four years.
(d) Council members appointed under section 1(b)(1)
- (9) are ex officio members and serve at the pleasure of the governor.
(e) A vacancy on the Council created other than by
the expiration of the term of a member of the Council must be filled in the
same manner as the original appointment, for the remainder of the unexpired term.
A member of the Council may be reappointed for additional terms.
2. Charge to the Council
(a) The Council must act in an advisory capacity to
the governor and the Department, and must do the following:
(1) Advise the Department in formulating and
overseeing the implementation of the MI Healthy Climate Plan, which will serve
as the action plan for this state to reduce greenhouse gas emissions and
transition toward economywide carbon neutrality. This work must include, but is
not limited to:
(a) Identifying and recommending opportunities for
the development and effective implementation of emissions-reduction strategies.
(b) Identifying solutions to resolve impact
disparities across Michigan and recommending targeted solutions for communities
disproportionately impacted by the changing climate.
(2) Provide other information or advice or take
other actions as requested by the governor.
(b) The Council must report regularly to the
governor on its activities.
3. Operations
of the Council
(a) The Department must assist the Council in the
performance of its duties and provide personnel to staff the Council. The
budgeting, procurement, and related management functions of the Council will be
performed under the direction and supervision of the director of the
Department.
(b) The Council must adopt procedures, consistent
with this order and applicable law, governing its organization and operations.
(c) The Council must comply with the Freedom of
Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(d) The governor must designate the chairperson of
the Council.
(e) The Council may select from among its members a
vice chairperson.
(f) The Council may select from among its members a
secretary. Council staff must assist the secretary with recordkeeping
responsibilities.
(g) The Council must meet at the call of its
chairperson and as otherwise provided in the procedures adopted by the Council.
(h) A majority of the members of the Council
serving constitutes a quorum for the transaction of the business of the Council.
The Council must act by a majority vote of its members.
(i) The Council may establish advisory workgroups
composed of individuals or entities participating in Council activities or
other members of the public as deemed necessary by the Council to assist it in
performing its duties and responsibilities. The Council may adopt, reject, or
modify any recommendations proposed by an advisory workgroup.
(j) The Council may, as appropriate, make
inquiries, studies, and investigations, hold hearings, and receive comments
from the public. The Council also may consult with outside experts to perform
its duties, including experts in the private sector, organized labor, and
government agencies, and at institutions of higher education.
(k) The Council may hire or retain contractors,
sub-contractors, advisors, consultants, and agents, and may make and enter into
contracts necessary or incidental to the exercise of the powers of the Council
and the performance of its duties as the director of the Department deems
advisable and necessary, consistent with this order and applicable law, rules
and procedures, subject to available funding.
(l) The
Council may accept donations of labor, services, or other things of value from
any public or private agency or person. Any donations must be received and used
in accordance with law.
(m) Members of the Council must not receive
additional compensation for participation on the Council. Members of the
Council may receive reimbursement for necessary travel and expenses consistent
with applicable law, rules, and procedures, subject to available funding.
(n) Members of the Council must refer all legal,
legislative, and media contacts to the Department.
4. Implementation
(a) All departments, agencies, committees,
commissioners, and officers of this state must give to the Council, or to any
member or representative of the Council, any necessary assistance required by
the Council, or any member or representative of the Council, in the performance
of the duties of the Council so far as is compatible with their duties and
consistent with this order and applicable law. Free access also must be given
to any books, records, or documents in their custody relating to matters within
the scope of inquiry, study, or review of the Council, consistent with
applicable law.
(b) This order is not intended to abate a
proceeding commenced by, against, or before an officer or entity affected by
this order. A proceeding may be maintained by, against, or before the successor
of any officer or entity affected by this order.
(c) Nothing in this order should be construed to
change the organization of the executive branch of state government or the
assignment of functions among its units, in a manner requiring the force of
law.
(d) Section 2(e) of Executive Order 2019-10 is
rescinded, and now provides: “The Task Force shall complete its work and shall
issue a final report detailing its findings and policy recommendations by
December 31, 2020.”
(e) Appointees to The Michigan Joint Task Force on
Jail and Pretrial Incarceration appointed under section 1(c) of Executive
Order 2019-10 must continue in their terms until December 31, 2020.
(f) If any portion of this order is found to be
unenforceable, the rest of the order remains in effect.
(g) This order is effective upon filing.
Given under my hand and the Great
Seal of the State of Michigan.
Date: September 23, 2020
Time: 1:45 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
By
unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator
MacGregor moved that the Senate proceed to consideration of the following bill:
House Bill No. 5336
The motion
prevailed.
The
following bill was read a third time:
House Bill No. 5336, entitled
A bill
to amend 2018 PA 16, entitled “Uniform commercial real estate receivership act,”
by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16,
18, 19, 20, 21, and 25 (MCL 554.1011, 554.1012, 554.1013, 554.1014, 554.1015,
554.1016, 554.1017, 554.1021, 554.1022, 554.1023, 554.1024, 554.1025, 554.1026,
554.1028, 554.1029, 554.1030, 554.1031, and 554.1035).
The
question being on the passage of the bill,
Senator
Lucido offered the following substitute:
Substitute
(S-2).
The
substitute was adopted, a majority of the members serving voting therefor.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
341 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to enact the uniform commercial real
estate receivership act; to provide for the appointment of receivers to take
possession of commercial real property of another and to receive, collect, care
for, and dispose of the property or proceeds of the property; and to provide
remedies related to the receiverships,”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 5490, entitled
A bill
to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by
amending sections 102 and 206 (MCL 333.27102 and 333.27206), section 102
as amended by 2019 PA 3 and section 206 as amended by 2020 PA 32, and by
adding section 206a.
The
question being on the passage of the bill,
Senator
Lucido offered the following substitute:
Substitute
(S-2).
The
substitute was adopted, a majority of the members serving voting therefor.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
342 Yeas—36
Alexander Daley MacDonald Santana
Ananich Geiss MacGregor Schmidt
Barrett Hertel McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Nays—1
McBroom
Excused—1
Hollier
Not
Voting—0
In
The Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to license and regulate medical
marihuana growers, processors, provisioning centers, secure transporters, and
safety compliance facilities; to allow certain licensees to process, test, or
sell industrial hemp; to provide for the powers and duties of certain state and
local governmental officers and entities; to create a medical marihuana
licensing board; to provide for interaction with the statewide monitoring
system for commercial marihuana transactions; to create an advisory panel; to
provide immunity from prosecution for marihuana-related offenses for persons
engaging in certain activities in compliance with this act; to prescribe civil
fines and sanctions and provide remedies; to provide for forfeiture of
contraband; to provide for taxes, fees, and assessments; and to require the
promulgation of rules”.
The Senate agreed to the full title.
The
following bill was read a third time:
House Bill No. 5491, entitled
A bill
to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana
Act,” by amending sections 3 and 8 (MCL 333.27953 and 333.27958), section 8 as
amended by 2020 PA 31, and by adding section 9a.
The
question being on the passage of the bill,
The bill was passed, 3/4 of the members serving voting therefor, as
follows:
Roll Call No.
343 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
The
question being on concurring in the committee recommendation to give the bill
immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An initiation of legislation to allow under
state law the personal possession and use of marihuana by persons 21 years of
age or older; to provide for the lawful cultivation and sale of marihuana and
industrial hemp by persons 21 years of age or older; to permit the taxation of
revenue derived from commercial marihuana facilities; to permit the
promulgation of administrative rules; and to prescribe certain penalties for
violations of this act. If not enacted by the Michigan State Legislature in
accordance with the Michigan Constitution of 1963, the proposed legislation is
to be voted on at the General Election, November 6, 2018,”.
The Senate agreed to the full title.
By
unanimous consent the Senate returned to the order of
Conference Reports
A bill
to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending
sections 11, 17b, 201, 201a, 236, and 236a (MCL 388.1611, 388.1617b, 388.1801,
388.1801a, 388.1836, and 388.1836a), sections 11, 201, and 236 as amended by
2020 PA 146, section 17b as amended by 2007 PA 137, section 201a as
amended by 2019 PA 52, and section 236a as amended by 2019 PA 62.
(For
Conference Report, see p. 1508.)
The
House of Representatives has adopted the report of the Committee of Conference.
The
bill was referred to the Secretary for enrollment printing and presentation to
the Governor.
House Bill No. 5396
The motion prevailed, a majority of the members
serving voting therefor.
A bill
to make, supplement, adjust, and consolidate appropriations for various state
departments and agencies, the judicial branch, and the legislative branch for
the fiscal year ending September 30, 2021; to provide for certain conditions on
appropriations; and to provide for the expenditure of the appropriations.
The
House of Representatives has adopted the report of the Committee of Conference.
The
Conference Report was read as follows:
FIRST
CONFERENCE REPORT
The Committee of
Conference on the matters of difference between the two Houses concerning
House Bill No. 5396,
entitled
A bill to make,
supplement, adjust, and consolidate appropriations for various state
departments and agencies, the judicial branch, and the legislative branch for
the fiscal year ending September 30, 2021; to provide for certain conditions on
appropriations; and to provide for the expenditure of the appropriations.
Recommends:
First: That the House
and Senate agree to the Substitute of the Senate as passed by the Senate,
amended to read as follows:
the
people of the state of michigan enact:
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, 2021, from the following funds:
|
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT |
|
|
|
||
|
APPROPRIATION SUMMARY |
|
|
|
||
|
Full-time equated unclassified positions |
6.0 |
|
|
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Full-time equated classified positions |
519.0 |
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
121,295,000 |
||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
324,400 |
||
|
ADJUSTED GROSS
APPROPRIATIONS |
|
$ |
120,970,600 |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
13,129,500 |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
0 |
||
|
Total private revenues |
|
|
71,300 |
||
|
Total other state restricted revenues |
|
|
44,153,000 |
||
|
State general
fund/general purpose |
|
$ |
63,616,800 |
||
|
Sec. 102.
DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
||
|
Full-time equated unclassified positions |
6.0 |
|
|
||
|
Full-time equated classified positions |
27.0 |
|
|
||
|
Unclassified salaries—FTE positions |
6.0 |
$ |
599,900 |
||
|
Accounting service center |
|
|
1,033,800 |
||
|
Commissions and boards |
|
|
23,800 |
||
|
Emergency management—FTEs |
4.0 |
|
1,328,000 |
||
|
Executive direction—FTEs |
23.0 |
|
3,262,800 |
||
|
Property management |
|
|
734,100 |
||
|
GROSS
APPROPRIATION |
|
$ |
6,982,400 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
HHS, multiple grants |
|
|
449,300 |
||
|
Special revenue funds: |
|
|
|
||
|
Agriculture licensing and inspection fees |
|
|
44,300 |
||
|
Dairy and food safety fund |
|
|
100,200 |
||
|
Feed control fund |
|
|
8,100 |
||
|
Fertilizer control fund |
|
|
10,000 |
||
|
Freshwater protection fund |
|
|
60,900 |
||
|
Gasoline inspection and testing fund |
|
|
25,000 |
||
|
Industry support funds |
|
|
55,600 |
||
|
Michigan craft beverage council fund |
|
|
8,800 |
||
|
Private forestland enhancement fund |
|
|
15,600 |
||
|
Refined petroleum fund |
|
|
20,000 |
||
|
Weights and measures regulation fees |
|
|
5,000 |
||
|
State general
fund/general purpose |
|
$ |
6,179,600 |
||
|
Sec. 103.
INFORMATION AND TECHNOLOGY |
|
|
|
||
|
Information technology services and projects |
|
$ |
2,068,200 |
||
|
GROSS APPROPRIATION |
|
$ |
2,068,200 |
||
|
Appropriated from: |
|
|
|
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
IDG from LARA (LCC), liquor quality testing fees |
|
|
3,200 |
||
|
Special revenue funds: |
|
|
|
||
|
Agricultural preservation fund |
|
|
200 |
||
|
Agriculture licensing and inspection fees |
|
|
95,400 |
||
|
Dairy and food safety fund |
|
|
62,200 |
||
|
Feed control fund |
|
|
15,000 |
||
|
Freshwater protection fund |
|
|
100 |
||
|
Gasoline inspection and testing fund |
|
|
32,400 |
||
|
Michigan craft beverage council fund |
|
|
500 |
||
|
State general
fund/general purpose |
|
$ |
1,859,200 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Sec. 104.
FOOD AND DAIRY |
|
|
|
||
|
Full-time equated classified positions |
139.0 |
|
|
||
|
Food safety and quality assurance—FTEs |
103.0 |
$ |
18,276,600 |
||
|
Milk safety and quality assurance—FTEs |
36.0 |
|
5,785,100 |
||
|
GROSS
APPROPRIATION |
|
$ |
24,061,700 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
HHS, multiple grants |
|
|
2,753,000 |
||
|
USDA, multiple grants |
|
|
137,200 |
||
|
Special revenue funds: |
|
|
|
||
|
Consumer and industry food safety education fund |
|
|
242,500 |
||
|
Dairy and food safety fund |
|
|
5,473,600 |
||
|
Industry food safety education fund |
|
|
114,100 |
||
|
Marihuana regulatory fund |
|
|
350,000 |
||
|
Marihuana regulation fund |
|
|
350,000 |
||
|
State general
fund/general purpose |
|
$ |
14,641,300 |
||
|
Sec. 105.
ANIMAL INDUSTRY |
|
|
|
||
|
Full-time equated classified positions |
62.0 |
|
|
||
|
Animal disease prevention and response—FTEs |
62.0 |
$ |
9,669,700 |
||
|
Indemnification - livestock depredation |
|
|
15,000 |
||
|
Michigan animal agriculture alliance |
|
|
3,000,000 |
||
|
GROSS
APPROPRIATION |
|
$ |
12,684,700 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
HHS, multiple grants |
|
|
15,100 |
||
|
USDA, multiple grants |
|
|
567,700 |
||
|
Special revenue funds: |
|
|
|
||
|
Agriculture licensing and inspection fees |
|
|
72,100 |
||
|
Animal welfare fund |
|
|
150,000 |
||
|
State general fund/general
purpose |
|
$ |
11,879,800 |
||
|
Sec. 106.
PESTICIDE AND PLANT PEST MANAGEMENT |
|
|
|
||
|
Full-time equated classified positions |
95.0 |
|
|
||
|
Animal feed safety—FTEs |
10.0 |
$ |
2,097,700 |
||
|
Pesticide and plant pest management—FTEs |
85.0 |
|
14,243,700 |
||
|
GROSS APPROPRIATION |
|
$ |
16,341,400 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Department of interior |
|
|
101,800 |
||
|
EPA, multiple grants |
|
|
566,200 |
||
|
HHS, multiple grants |
|
|
391,800 |
||
|
USDA, multiple grants |
|
|
717,700 |
||
|
Special revenue funds: |
|
|
|
||
|
Private - slow-the-spread foundation |
|
|
21,300 |
||
|
Agriculture licensing and inspection fees |
|
|
4,520,200 |
||
|
Commodity inspection fees |
|
|
674,500 |
||
|
Feed control fund |
|
|
1,392,400 |
||
|
Fertilizer control fund |
|
|
1,338,200 |
||
|
Freshwater protection fund |
|
|
157,500 |
||
|
Horticulture fund |
|
|
40,000 |
||
|
Industrial hemp licensing and registration fund |
|
|
602,900 |
||
|
Industry support funds |
|
|
228,100 |
||
|
State general
fund/general purpose |
|
$ |
5,588,800 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Sec. 107.
ENVIRONMENTAL STEWARDSHIP |
|
|
|
||
|
Full-time equated classified positions |
65.5 |
|
|
||
|
Agricultural preservation easement grants |
|
$ |
1,900,000 |
||
|
Environmental stewardship - MAEAP—FTEs |
25.0 |
|
11,697,900 |
||
|
Farmland and open space preservation—FTEs |
10.0 |
|
1,581,100 |
||
|
Intercounty drain—FTEs |
6.0 |
|
846,300 |
||
|
Migrant labor housing—FTEs |
9.0 |
|
1,331,400 |
||
|
Qualified forest program—FTEs |
9.0 |
|
2,662,800 |
||
|
Right-to-farm—FTEs |
6.5 |
|
1,003,800 |
||
|
GROSS
APPROPRIATION |
|
$ |
21,023,300 |
||
|
Appropriated from: |
|
|
|
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
IDG from MDEGLE, biosolids |
|
|
93,400 |
||
|
Federal revenues: |
|
|
|
||
|
Department of interior |
|
|
96,300 |
||
|
EPA, multiple grants |
|
|
562,700 |
||
|
USDA, multiple grants |
|
|
1,322,300 |
||
|
Special revenue funds: |
|
|
|
||
|
Agricultural preservation fund |
|
|
3,481,100 |
||
|
Freshwater protection fund |
|
|
8,302,800 |
||
|
Migratory labor housing fund |
|
|
140,100 |
||
|
Private forestland enhancement fund |
|
|
1,080,100 |
||
|
State general
fund/general purpose |
|
$ |
5,944,500 |
||
|
Sec. 108.
LABORATORY PROGRAM |
|
|
|
||
|
Full-time equated classified positions |
108.5 |
|
|
||
|
Central licensing and customer call center—FTEs |
12.5 |
$ |
1,447,800 |
||
|
Consumer protection program—FTEs |
42.0 |
|
6,970,600 |
||
|
Laboratory services—FTEs |
43.0 |
|
7,650,100 |
||
|
USDA monitoring—FTEs |
11.0 |
|
1,683,900 |
||
|
GROSS
APPROPRIATION |
|
$ |
17,752,400 |
||
|
Appropriated from: |
|
|
|
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
IDG from LARA (LCC), liquor quality testing fees |
|
|
227,800 |
||
|
Federal revenues: |
|
|
|
||
|
EPA, multiple grants |
|
|
180,600 |
||
|
HHS, multiple grants |
|
|
951,900 |
||
|
USDA, multiple grants |
|
|
1,685,100 |
||
|
Special revenue funds: |
|
|
|
||
|
Agriculture licensing and inspection fees |
|
|
348,800 |
||
|
Dairy and food safety fund |
|
|
516,900 |
||
|
Feed control fund |
|
|
191,700 |
||
|
Fertilizer control fund |
|
|
24,900 |
||
|
Freshwater protection fund |
|
|
47,300 |
||
|
Gasoline inspection and testing fund |
|
|
1,415,700 |
||
|
Grain dealers fee fund |
|
|
7,900 |
||
|
Industrial hemp licensing and registration fund |
|
|
319,000 |
||
|
Migratory labor housing fund |
|
|
29,400 |
||
|
Refined petroleum fund |
|
|
3,396,700 |
||
|
Testing fees |
|
|
353,900 |
||
|
Weights and measures regulation fees |
|
|
737,700 |
||
|
State general
fund/general purpose |
|
$ |
7,317,100 |
||
|
|
|
|
|
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Sec. 109. AGRICULTURE
DEVELOPMENT |
|
|
|
||
|
Full-time equated classified positions |
22.0 |
|
|
||
|
Agriculture development—FTEs |
13.0 |
$ |
4,752,700 |
||
|
Fair food network - double up food bucks |
|
|
900,000 |
||
|
Food and agriculture investment program |
|
|
2,470,600 |
||
|
Michigan craft beverage council—FTEs |
3.0 |
|
936,600 |
||
|
Producer security/grain dealers—FTEs |
5.0 |
|
747,000 |
||
|
Rural development fund grant program—FTE |
1.0 |
|
2,004,800 |
||
|
GROSS APPROPRIATION |
|
$ |
11,811,700 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
USDA, multiple grants |
|
|
2,630,800 |
||
|
Special revenue funds: |
|
|
|
||
|
Private - commodity group revenue |
|
|
50,000 |
||
|
Agriculture licensing and inspection fees |
|
|
5,100 |
||
|
Grain dealers fee fund |
|
|
699,700 |
||
|
Industry support funds |
|
|
223,600 |
||
|
Michigan craft beverage council fund |
|
|
891,200 |
||
|
Rural development fund |
|
|
2,004,800 |
||
|
State general fund/general purpose |
|
$ |
5,306,500 |
||
|
Sec. 110. FAIRS AND
EXPOSITIONS |
|
|
|
||
|
County fairs, shows, and expositions |
|
$ |
500,000 |
||
|
Fairs and racing |
|
|
258,600 |
||
|
Licensed tracks - light horse racing |
|
|
40,300 |
||
|
Light horse racing - breeders’ awards |
|
|
20,000 |
||
|
Purses and supplements - fairs/licensed tracks |
|
|
708,300 |
||
|
Standardbred breeders’ awards |
|
|
345,900 |
||
|
Standardbred purses and supplements - licensed tracks |
|
|
671,800 |
||
|
Standardbred sire stakes |
|
|
275,000 |
||
|
Thoroughbred breeders’ awards |
|
|
368,600 |
||
|
Thoroughbred sire stakes |
|
|
378,800 |
||
|
Thoroughbred supplements - licensed tracks |
|
|
601,900 |
||
|
GROSS APPROPRIATION |
|
$ |
4,169,200 |
||
|
Appropriated from: |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Agriculture equine industry development fund |
|
|
3,669,200 |
||
|
State general fund/general purpose |
|
$ |
500,000 |
||
|
Sec. 111. ONE-TIME ONLY
APPROPRIATIONS |
|
|
|
||
|
Conservation reserve enhancement program |
|
$ |
4,400,000 |
||
|
GROSS APPROPRIATION |
|
$ |
4,400,000 |
||
|
Appropriated from: |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
State general fund/general purpose |
|
$ |
4,400,000 |
part 2
provisions concerning appropriations
for fiscal year
general sections
Sec. 201.
Pursuant to section 30 of article IX of the state constitution of 1963, total
state spending from state sources under part 1 for fiscal year 2020-2021 is
$107,769,800.00 and state spending from state sources to be paid to local units
of government for fiscal year 2020-2021 is $8,800,000.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
|
DEPARTMENT OF AGRICULTURE AND RURAL
DEVELOPMENT |
|
|
|
|
Agriculture preservation easement grants |
|
$ |
1,900,000 |
|
Environmental stewardship/MAEAP |
|
|
4,100,000 |
|
Qualified forest program |
|
|
1,400,000 |
|
Rural development fund grant program |
|
|
1,400,000 |
|
TOTAL |
|
$ |
8,800,000 |
Sec.
202. The appropriations authorized under part 1 and this part are subject to
the management and budget act, 1984 PA 431,
Sec. 203. As
used in part 1 and this part:
(a) “Department”
means the department of agriculture and rural development.
(b) “Director”
means the director of the department.
(c) “Fiscal
agencies” means the Michigan house fiscal agency and the Michigan senate fiscal
agency.
(d) “
(e) “
(f) “MAEAP”
means the Michigan agriculture environmental assurance program.
(g) “MDEGLE”
means the Michigan department of environment, Great Lakes, and energy.
(h) “Subcommittees”
means all members of the subcommittees of the house and senate appropriations
committees with jurisdiction over the budget for the department.
(i) “TB” means
tuberculosis.
(j) “USDA”
means the United States Department of Agriculture.
Sec. 204. (1)
The departments and agencies receiving appropriations in part 1 shall use the
internet to fulfill the reporting requirements of this part. This requirement
shall include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, and shall include placement of reports
on an internet site.
(2) In
fulfilling the reporting requirements of this part, the department shall notify
report recipients when reports are posted to the department website.
Sec. 205.
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given
to goods or services, or both, manufactured or provided by Michigan businesses,
if they are competitively priced and of comparable quality. In addition,
preference shall be given to goods or services, or both, that are manufactured
or provided by Michigan businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. Each director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services or supplies, or both.
Sec. 207. The departments
and agencies receiving appropriations in part 1 shall prepare a report on
out-of-state travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal year that was
funded in whole or in part with funds appropriated in the department’s budget.
The report shall be submitted to the house and senate appropriations
committees, the house and senate fiscal agencies, and the state budget
director. The report shall include the following information:
(a) The dates
of each travel occurrence.
(b) The
transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec. 208.
Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec. 209. Not
later than November 30, the state budget office shall prepare and transmit a
report that provides for estimates of the total general fund/general purpose
appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house of representatives
standing committees on appropriations and the senate and house fiscal agencies.
Sec. 210. (1)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $3,000,000.00 for federal contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(2) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $2,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The
department shall cooperate with the department of technology, management, and
budget to maintain a searchable website accessible by the public at no cost
that includes, but is not limited to, all of the following for each department
or agency:
(a) Fiscal
year-to-date expenditures by category.
(b) Fiscal
year-to-date expenditures by appropriation unit.
(c) Fiscal
year-to-date payments to a selected vendor, including the vendor name, payment
date, payment amount, and payment description.
(d) The number
of active department employees by job classification.
(e) Job
specifications and wage rates.
Sec. 212.
Within 14 days after the release of the executive budget recommendation, the
department shall cooperate with the state budget office to provide the senate
and house appropriations chairs, the subcommittees, respectively, and the
senate and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues, and state
restricted fund expenditures for the fiscal years ending September 30, 2020 and
September 30, 2021.
Sec. 213. The
department shall maintain, on a publicly accessible website, a department
scorecard that identifies, tracks, and regularly updates key metrics that are
used to monitor and improve the agency’s performance.
Sec. 214.
Total authorized appropriations from all sources under part 1 for legacy costs
for the fiscal year ending September 30, 2021 is $13,605,700.00. From this
amount, total agency appropriations for pension-related legacy costs are
estimated at $6,528,200.00. Total agency appropriations for retiree health care
legacy costs are estimated at $7,077,500.00.
Sec. 215. The
department shall not take disciplinary action against an employee of the
department or departmental agency in the state classified civil service because
the employee communicates with a member of the senate or house or a member’s
staff, unless the communication is prohibited by law and the department or
agency taking disciplinary action is exercising its authority as provided by
law.
Sec. 216. (1) On a quarterly basis, the
department shall report to the senate and house appropriations committees, the
senate and house appropriations subcommittees on the department budget, and the
senate and house fiscal agencies the following information:
(a) The number of FTEs in pay status by type
of staff and civil service classification.
(b) A comparison by line item of the number of
FTEs authorized from funds appropriated in part 1 to the actual number of FTEs
employed by the department at the end of the reporting period.
(2) By April 1 of the current fiscal year and
semiannually thereafter, the department shall report to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
the department budget, and the senate and house fiscal agencies the following
information:
(a) Number of employees that were engaged in
remote work in 2020.
(b) Number of employees authorized to work
remotely and the actual number of those working remotely in the current
reporting period.
(c) Estimated net cost savings achieved by
remote work.
(d) Reduced use of office space associated
with remote work.
Sec. 217. Appropriations in part 1 shall, to
the extent possible by the department, not be expended until all existing work
project authorization available for the same purposes is exhausted.
Sec. 218. If the state administrative board,
acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount
appropriated under this article, the legislature may, by a concurrent
resolution adopted by a majority of the members elected to and serving in each
house, intertransfer funds within this article for the particular department,
board, commission, officer, or institution.
Sec. 219. The
department and agencies receiving appropriations in part 1 shall receive and
retain copies of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records shall be
followed. The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 220. The
department shall report no later than April 1 on each specific policy change
made to implement a public act affecting the department that took effect during
the prior calendar year to the senate and house appropriations committees, the
senate and house subcommittees on agriculture and rural development, the joint
committee on administrative rules, and the senate and house fiscal agencies.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec. 301. (1)
The department may establish a fee schedule and collect fees for the following
work activities and services:
(a) Pesticide
and plant pest management propagation and certification of virus-free
foundation stock.
(b) Fruit and
vegetable inspection and grading services at shipping and termination points
and processing plants.
(c) Laboratory
support analyses of food, livestock, and agricultural products for disease,
foreign products for disease, toxic materials, foreign substances, and quality
standards.
(d) Laboratory
support test samples for other state and local agencies and public or private
organizations.
(2) The
department may receive and expend revenue from the fees authorized under
subsection (1), subject to appropriation, for the purpose of recovering
expenses associated with the work activities and services described in
subsection (1). Fee revenue collected by the department under subsection (1)
shall not lapse to the state general fund at the end of the fiscal year but
shall carry forward for appropriation by the legislature in the subsequent
fiscal year.
(3) The
department shall notify the subcommittees, the fiscal agencies, and the state
budget office 30 days prior to proposing changes in fees authorized under this
section or under section 5 of 1915 PA 91, MCL 285.35.
(4) On or
before February 1 of each year, the department shall provide a report to the
subcommittees, the fiscal agencies, and the state budget office detailing all
the fees charged by the department under the authorization provided in this
section, including, but not limited to, rates, number of individuals paying
each fee, and the revenue generated by each fee in the previous fiscal year.
Sec. 302. (1)
The department may contract with or provide grants to local units of
government, institutions of higher education, or nonprofit organizations to
support activities authorized by appropriations in part 1. As used in this
section, contracts and grants include, but are not limited to, contracts for
delivery of groundwater/freshwater programs, MAEAP technical assistance, forest
management, invasive species monitoring, wildlife risk mitigation, grants
promoting proper pesticide disposal, and research grants for the purpose of
enhancing the agricultural industries in this state.
(2) The
department shall provide notice of contracts or grants authorized under this
section to the subcommittees, the fiscal agencies, and the state budget office
not later than 7 days before the department notifies contract or grant
recipients.
Sec. 401. (1)
The department shall report on the previous fiscal year’s activities of the
food and dairy division. The report shall include information on activities and
outcomes of the dairy safety and inspection program, the food safety inspection
program, the foodborne illness and emergency response program, and the food
service program.
(2) The report
shall include information on significant foodborne outbreaks and emergencies,
including any significant enforcement actions taken related to food safety
during the prior calendar year.
(3) The report
shall be transmitted to the subcommittees, the fiscal agencies, and the state
budget office and posted to the department’s website on or before April 1 of
each year.
ANIMAL INDUSTRY
Sec. 451. From
the funds appropriated in part 1 for bovine TB, the department shall pay for
all whole herd testing costs and individual animal testing costs in the
modified accredited zone to maintain split-state status requirements. These
costs include indemnity and compensation for injury causing death or downer to
animals.
Sec. 452. (1)
The department shall report on the previous calendar year’s activities of the
animal industry division. The report shall be transmitted to the subcommittees,
the fiscal agencies, and the state budget office and posted to the department’s
website on or before April 1 of each year.
(2) The department shall include in the report all
indemnification payments for livestock depredation made in the previous
calendar year and shall include all of the following:
(a) The reason for the indemnification.
(b) The amount of the indemnification.
(c) The person for whom the indemnification was paid.
Sec. 457. (1) On or before October 15, 2020, the department
shall provide to the subcommittees, the fiscal agencies, and the state budget
office a report on bovine TB status and department activities.
(2) For each fiscal quarter following the report required in
subsection (1), the department shall provide an update to the subcommittees,
the fiscal agencies, and the state budget office. The quarterly update reports
shall identify significant impacts to the program, including new incidence of
bovine TB in this state, department activity associated with specific new
incidence of bovine TB, any changes in USDA requirements or movement orders,
and information and data on wildlife risk mitigation plan implementation in the
modified accredited zone; implementation of a movement certificate process;
progress toward annual surveillance test requirements; efforts to work with
slaughter facilities in this state, as well as those that slaughter a
significant number of animals from this state; educational programs and
information for this state’s livestock community; and any other item the
legislature should be aware of that will promote or hinder efforts to achieve
bovine TB-free status for this state.
Sec. 458. From the funds appropriated in part 1 for Michigan
animal agriculture alliance, the department shall work with animal industry
representatives and state research universities to establish an animal research
grant program.
PESTICIDE AND PLANT
PEST MANAGEMENT
Sec. 501. The department shall report on the previous
calendar year’s activities of the pesticide and plant pest management division.
The report shall be transmitted to the subcommittees, the fiscal agencies, and
the state budget office and posted to the department’s website on or before
April 1 of each year.
ENVIRONMENTAL STEWARDSHIP
Sec. 601. The funds appropriated in part 1 for environmental
stewardship/MAEAP shall be used to support department agriculture pollution
prevention programs, including groundwater and freshwater protection programs
under part 87 of the natural resources and environmental protection act, 1994
PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing
conservation grants available under the federal farm bill of 2014 and the
federal farm bill of 2018.
Sec. 602. The department shall report on the previous
calendar year’s activities of the environmental stewardship division. The
report shall be transmitted to the subcommittees, the fiscal agencies, and the
state budget office and posted to the department’s website on or before April 1
of each year.
Sec. 604. The department may receive and expend federal revenues
up to a total of $1,000,000.00 in excess of the federal revenue appropriated in
section 107 of part 1 for environmental stewardship and MAEAP activities. The
department shall notify the subcommittees, the fiscal agencies, and the state
budget office prior to expending federal revenues authorized under this
section.
Sec. 608. (1) The appropriations in part 1 for the qualified
forest program are for the purpose of increasing the knowledge of nonindustrial
private forestland owners of sound forest management practices and increasing
the amount of commercial timber production from those lands.
(2) The department shall work in partnership with stakeholder
groups and other state and federal agencies to increase the active management
of nonindustrial private forestland to foster the growth of Michigan’s timber
product industry.
LABORATORY PROGRAM
Sec. 651. The department shall report on the previous
calendar year’s activities of the laboratory division. The report shall be
transmitted to the subcommittees, the fiscal agencies, and the state budget
office and posted to the department’s website on or before April 1 of each
year.
AGRICULTURE
DEVELOPMENT
Sec. 701. (1) From the funds appropriated in part 1 for the
food and agriculture investment program, the department shall establish and
administer a food and agriculture investment program.
(2) The food and agriculture investment program shall expand
the Michigan food and agriculture sector, grow Michigan exports, promote the
development of value-added agricultural production, food hubs, food incubators,
and community-based processing facilities, and the expansion of farm markets
and urban agriculture, including promotion of hoop houses, and increase food
processing activities within the state by accelerating projects and
infrastructure development that support growth in the food and agriculture
processing industry.
(3) In addition to the funds appropriated in part 1, the
department may receive and expend funds received from outside sources for the
food and agriculture investment program.
(4) Before the allocation of funding, all projects shall
receive approval from the Michigan commission of agriculture and rural
development, except for projects selected through a competitive process by a
joint evaluation committee selected by the director and consisting of
representatives that have agriculture, business, and economic development
expertise. Projects funded through the food and agriculture investment program
will be required to have a grant agreement that outlines milestones and
activities that must be met in order to receive a disbursement of funds.
Projects must also identify measurable project outcomes.
(5) The department shall include in the agriculture
development annual report a report on the food and agriculture investment
program for the previous fiscal year that includes a listing of the grantees,
award amounts, match funding, project locations, and project outcomes.
(6) The food and agriculture investment program shall be
administered by the department and provide support for food and agriculture
projects that will enable growth in the industry and this state’s economy.
(7) The unexpended funds appropriated in part 1 for the food
and agriculture investment program are designated as a work project appropriation,
and any unencumbered or unallotted funds shall not lapse at the end of the
fiscal year and shall be available for expenditures for projects under this
section until the projects have been completed. The following is in compliance
with section 451a(1) of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the project is to promote and expand the
Michigan food and agriculture sector, grow Michigan exports, and increase food
processing activities within the state.
(b) The project will be funded in accordance with this
section and the project guidelines approved by the Michigan commission of
agriculture and rural development prior to an award.
(c) The estimated cost of this project is identified in the
appropriation line item.
(d) The tentative completion date for the work project is
September 30, 2023.
(8) The department may expend money from the funds
appropriated in part 1 for the food and agriculture investment program,
including all of the following activities:
(a) Grants.
(b) Loans or loan guarantees.
(c) Infrastructure development.
(d) Other economic assistance.
(e) Program administration.
(f) Export assistance.
(9) The department shall expend no more than 5% from the
funds appropriated in part 1 for the food and agriculture investment program
for administrative purposes.
Sec. 702. The department shall work with the rural
development fund board to establish a process and criteria for funding projects
as well as establishing metrics and measurable outcomes for the program. Funds
appropriated from the rural development fund shall be used in accordance with
the provisions of the rural development fund act, 2012 PA 411, MCL 286.941 to
286.947.
Sec. 703. (1) The department shall work with the department
of health and human services to do all of the following:
(a) Notify recipients of food assistance program benefits
that food assistance program benefits can be accessed at many farmer’s markets
in this state with bridge cards.
(b) Notify recipients of food assistance program benefits
about the double up food bucks program that is administered by the fair food
network. Food assistance program recipients shall receive information about the
double up food bucks program, including information that explains that when
program recipients spend up to $20.00 at participating farmer’s markets and
grocery stores, the recipient can receive an additional $20.00 to buy Michigan
produce.
(2) The department shall work with the fair food network to
expand access to the double up food bucks program in each of the state’s
counties with grocery stores or farmer’s markets that meet the program’s
eligibility requirements.
(3) On or before June 1, 2021, the department shall submit a
report on activities and outcomes of the double up food bucks program to the
subcommittees and the fiscal agencies. The report shall contain all of the
following:
(a) Counties in this state with participating double up food
bucks vendors, the number of vendors by county, and the name and location of
vendors, as of May 1, 2020.
(b) Counties in this state with participating double up food
bucks vendors, the number of vendors by county, and the name of location of
vendors, as of May 1, 2021. The report shall highlight counties and vendors
added to the program since May 1, 2020.
(c) Number of
individuals participating in the program, by county.
(d) A
breakdown of program participation by county and by day of week.
(4) The report
required under subsection (3) shall also include a discussion of program
evaluation criteria, as well as recommendation of a reporting metric for
tracking health outcomes of program participants.
Sec. 706. (1)
The department shall report on the previous calendar year’s activities of the
agriculture development division. The report shall be transmitted to the
subcommittees, the fiscal agencies, and the state budget office and posted to
the department’s website on or before April 1 of each year.
(2) The report
shall include the following information on any grants awarded during the prior
fiscal year:
(a) The name
of the grantee.
(b) The amount
of the grant.
(c) The
purpose of the grant, including measurable outcomes.
(d) Additional
state, federal, private, or local funds contributed to the grant project.
(e) The
completion date of grant-funded activities.
(3) The report
shall include the following information on the Michigan craft beverage council
established under section 303 of the Michigan liquor control code of 1998, 1998
PA 58, MCL 436.1303:
(a) Council activities
and accomplishments for the previous fiscal year.
(b) Council
expenditures for the previous fiscal year by category of administration,
industry support, research and education grants, and promotion and consumer
education.
(c) Grants
awarded during the previous fiscal year and the results of research grant
projects completed during the previous fiscal year.
FAIRS
Sec. 801. All
appropriations from the agriculture equine industry development fund shall be
spent on equine-related purposes. No funds from the agriculture equine industry
development fund shall be expended for nonequine-related purposes without prior
approval of the legislature.
Sec. 802. From
the funds appropriated in part 1 from agriculture equine industry development
funds, available revenue shall be allocated in the following priority order:
(a) To support
all administrative, contractual, and regulatory costs incurred by the
department and the Michigan gaming control board.
(b) Up to
$495,000.00 shall be allocated to the purses and supplements – fairs/licensed
tracks line item.
(c) Any
remaining funds collected through September 30, 2021, after the obligations in
subdivisions (a) and (b) have been met, shall be prorated equally among the
supplements, breeders’ awards, and sire stakes awards to eligible race meeting
licensees in accordance with section 20 of the horse racing law of 1995, 1995
PA 279, MCL 431.320.
Sec. 805. (1) The department shall establish and administer a county
fairs, shows, and expositions grant program. The program shall have the following
objectives:
(a) Assist in the promotion of building improvements or other capital
improvements at county fairgrounds of this state.
(b) Provide financial support, promotion, prizes, and premiums of equine,
livestock, and other agricultural commodity expositions in this state.
(2) The department shall award grants on a competitive basis to county
fairs or other organizations from the funds appropriated in part 1 for county
fairs, shows, and expositions grants. Grantees will be required to provide a
50% cash match with grant awards and identify measurable project outcomes. A
county fair organization that received a county fair capital improvement grant
in the prior fiscal year shall not receive a grant from the appropriation in
part 1.
(3) From the amount appropriated in part 1 for county fairs, shows, and
expositions, up to $25,000.00 shall be expended for the purpose of financial
support, promotion, prizes, and premiums of equine, livestock, and other
agricultural commodity expositions in this state, and festivals.
(4) All fairs
receiving grants under this section shall provide a report to the department on
the financial impact resulting from the capital improvement project on both
fair and nonfair events. These reports are due for 3 years immediately following
the completion of the capital improvement project.
(5) The
department shall identify criteria, evaluate applications, and provide
recommendations to the director for final approval of grant awards.
(6) The
department may expend money from the funds appropriated in part 1 for the
county fairs, shows, and expositions grants for administering the program.
(7) The
unexpended portion of the county fairs, shows, and expositions grants is
considered a work project appropriation in accordance with section 451a of the
management and budget act, 1984 PA 431, MCL 18.1451a. The following apply to
the project:
(a) The
purpose of the project is to support building improvements or other capital
improvements at county fairgrounds of this state.
(b) All grants will be distributed in accordance with this
section and the grant guidelines published prior to the request for proposals.
(c) The estimated cost of the project is identified in the
appropriation line item.
(d) The tentative completion date for the work project is
September 30, 2023.
(8) The department shall provide a year-end report on the
county fairs, shows, and expositions grants no later than December 1, 2021 to
the subcommittees, the fiscal agencies, and the state budget director that
includes a listing of the grantees, award amounts, match funding, and project
outcomes.
ONE-TIME BASIS ONLY
APPROPRIATIONS
Sec. 901. The unexpended funds appropriated in part 1 for the
conservation reserve enhancement program are designated as a work project
appropriation, and any unencumbered or unallotted funds shall not lapse at the
end of the fiscal year and shall be available for expenditures under this
section until the projects have been completed. The following is in compliance
with section 451a(1) of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the project is to promote the adoption of
best practices on agricultural lands in order to address algal blooms in the
western Lake Erie basin, as well as reducing nonpoint source pollution in the
Saginaw Bay, River Raisin, and Lake Macatawa watersheds.
(b) The project will be accomplished by the federal
government, conservation districts in the state, and Michigan farmers.
(c) The estimated cost of this project is $4,400,000.00.
(d) The tentative completion date for this work project is
September 30, 2025.
ARTICLE 2
DEPARTMENT OF CORRECTIONS
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of
corrections for the fiscal year ending September 30, 2021, from the following
funds:
|
DEPARTMENT OF CORRECTIONS |
|
|
|
||||
|
APPROPRIATION
SUMMARY |
|
|
|
||||
|
Full-time equated unclassified positions |
16.0 |
|
|
||||
|
Full-time equated classified positions |
13,686.8 |
|
|
||||
|
GROSS
APPROPRIATION |
|
$ |
2,060,788,400 |
||||
|
Interdepartmental grant revenues: |
|
|
|
||||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
0 |
||||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
2,060,788,400 |
||||
|
Federal revenues: |
|
|
|
||||
|
Total federal revenues |
|
|
196,370,900 |
||||
|
Special revenue funds: |
|
|
|
||||
|
Total local revenues |
|
|
9,680,600 |
||||
|
Total private revenues |
|
|
0 |
||||
|
Total other state restricted revenues |
|
|
45,478,500 |
||||
|
State general
fund/general purpose |
|
$ |
1,809,258,400 |
||||
|
Sec. 102.
DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
||||
|
Full-time equated unclassified positions |
16.0 |
|
|
||||
|
Full-time equated classified positions |
329.0 |
|
|
||||
|
Unclassified salaries—FTEs |
16.0 |
$ |
1,971,300 |
||||
|
Administrative hearings officers |
|
|
3,200,300 |
||||
|
Budget and operations administration—FTEs |
241.0 |
|
34,669,500 |
||||
|
Compensatory buyout and union leave bank |
|
|
100 |
||||
|
County jail reimbursement program |
|
|
14,814,600 |
||||
|
Employee wellness programming—FTEs |
6.0 |
|
1,190,600 |
||||
|
Equipment and special maintenance |
|
|
1,559,700 |
||||
|
Executive direction—FTEs |
21.0 |
|
4,575,800 |
||||
|
Judicial data warehouse user fees |
|
|
50,600 |
||||
|
New custody staff training |
|
|
13,850,100 |
||||
|
Prison industries operations—FTEs |
61.0 |
|
10,137,300 |
||||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||||
|
Property management |
|
|
2,455,100 |
||||
|
Prosecutorial and detainer expenses |
|
|
4,801,000 |
||||
|
Sheriffs’ coordinating and training office |
|
|
100,000 |
||||
|
Worker’s compensation |
|
|
9,714,400 |
||||
|
GROSS
APPROPRIATION |
|
$ |
103,090,400 |
||||
|
Appropriated from: |
|
|
|
||||
|
Federal revenues: |
|
|
|
||||
|
DOJ, prison rape elimination act grant |
|
|
674,700 |
||||
|
Special revenue funds: |
|
|
|
||||
|
Correctional industries revolving fund |
|
|
10,137,300 |
||||
|
Correctional industries revolving fund 110 |
|
|
721,600 |
||||
|
Jail reimbursement program fund |
|
|
5,900,000 |
||||
|
Local corrections officer training fund |
|
|
100,000 |
||||
|
Program and special equipment fund |
|
|
100 |
||||
|
State general
fund/general purpose |
|
$ |
85,556,700 |
||||
|
Sec. 103.
OFFENDER SUCCESS ADMINISTRATION |
|
|
|
||||
|
Full-time equated classified positions |
340.4 |
|
|
||||
|
Community corrections comprehensive plans and services |
|
$ |
13,198,100 |
||||
|
Education/skilled trades/career readiness programs—FTEs |
263.4 |
|
38,687,000 |
||||
|
Enhanced food technology program—FTEs |
12.0 |
|
1,750,000 |
||||
|
Goodwill flip the script |
|
|
1,250,000 |
||||
|
Offender success community partners |
|
|
14,500,000 |
||||
|
Offender success federal grants |
|
|
751,000 |
||||
|
Offender success programming |
|
|
16,772,800 |
||||
|
Offender success services—FTEs |
65.0 |
|
17,880,600 |
||||
|
Public safety initiative |
|
|
4,000,000 |
||||
|
Residential probation diversions |
|
|
16,575,500 |
||||
|
GROSS
APPROPRIATION |
|
$ |
125,365,000 |
||||
|
Appropriated from: |
|
|
|
||||
|
Federal revenues: |
|
|
|
||||
|
Coronavirus relief fund |
|
|
302,500 |
||||
|
DOJ, prisoner reintegration |
|
|
751,000 |
||||
|
Federal education funding |
|
|
1,579,900 |
||||
|
Special revenue funds: |
|
|
|
||||
|
Program and special equipment fund |
|
|
14,326,000 |
||||
|
State general
fund/general purpose |
|
$ |
108,405,600 |
||||
|
Sec. 104.
FIELD OPERATIONS ADMINISTRATION |
|
|
|
||||
|
Full-time equated classified positions |
1,874.5 |
|
|
||||
|
Criminal justice reinvestment |
|
$ |
3,748,400 |
||||
|
Field operations—FTEs |
1,843.5 |
|
222,516,700 |
||||
|
Parole board operations—FTEs |
31.0 |
|
3,887,900 |
||||
|
Parole/probation services |
|
|
940,000 |
||||
|
Residential alternative to prison program |
|
|
1,500,000 |
||||
|
GROSS
APPROPRIATION |
|
$ |
232,593,000 |
||||
|
Appropriated from: |
|
|
|
||||
|
Federal revenues: |
|
|
|
||||
|
Coronavirus relief fund |
|
|
62,400 |
||||
|
Special revenue funds: |
|
|
|
||||
|
Local - community tether program reimbursement |
|
|
275,000 |
||||
|
Reentry center offender reimbursements |
|
|
10,000 |
||||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||||
|
Supervision fees |
|
|
6,630,500 |
||||
|
Supervision fees set-aside |
|
|
940,000 |
||||
|
State general
fund/general purpose |
|
$ |
224,675,100 |
||||
|
Sec. 105.
CORRECTIONAL FACILITIES ADMINISTRATION |
|
|
|
||||
|
Full-time equated classified positions |
670.0 |
|
|
||||
|
Central records—FTEs |
43.0 |
$ |
4,821,000 |
||||
|
Correctional facilities administration—FTEs |
37.0 |
|
6,624,300 |
||||
|
Housing inmates in federal institutions |
|
|
511,000 |
||||
|
Inmate housing fund |
|
|
100 |
||||
|
Inmate legal services |
|
|
290,900 |
||||
|
Leased beds and alternatives to leased beds |
|
|
100 |
||||
|
Prison food service—FTEs |
346.0 |
|
72,211,100 |
||||
|
Prison store operations—FTEs |
33.0 |
|
3,411,300 |
||||
|
Public works program |
|
|
1,000,000 |
||||
|
Transportation—FTEs |
211.0 |
|
30,993,600 |
||||
|
GROSS
APPROPRIATION |
|
$ |
119,863,400 |
||||
|
Appropriated from: |
|
|
|
||||
|
Federal revenues: |
|
|
|
||||
|
Coronavirus relief fund |
|
|
5,130,200 |
||||
|
DOJ-BOP, federal prisoner reimbursement |
|
|
411,000 |
||||
|
SSA-SSI, incentive payment |
|
|
272,000 |
||||
|
Special revenue funds: |
|
|
|
||||
|
Correctional industries revolving fund 110 |
|
|
592,800 |
||||
|
Public works user fees |
|
|
1,000,000 |
||||
|
Resident stores |
|
|
3,411,300 |
||||
|
State general
fund/general purpose |
|
$ |
109,046,100 |
||||
|
Sec. 106.
HEALTH CARE |
|
|
|
||||
|
Full-time equated classified positions |
1,469.3 |
|
|
||||
|
Clinical complexes—FTEs |
1,033.3 |
$ |
149,096,900 |
||||
|
Health care administration—FTEs |
17.0 |
|
3,477,600 |
||||
|
Healthy Michigan plan administration—FTEs |
12.0 |
|
998,900 |
||||
|
Hepatitis C treatment |
|
|
8,810,700 |
||||
|
Interdepartmental grant to health and human services,
eligibility specialists |
|
|
120,200 |
||||
|
Mental health and substance abuse treatment services—FTEs |
407.0 |
|
52,410,700 |
||||
|
Prisoner health care services |
|
|
94,793,600 |
||||
|
Vaccination program |
|
|
691,200 |
||||
|
GROSS
APPROPRIATION |
|
$ |
310,399,800 |
||||
|
Appropriated from: |
|
|
|
||||
|
Federal revenues: |
|
|
|
||||
|
Coronavirus relief fund |
|
|
28,396,500 |
||||
|
DOJ, Office of Justice Programs, RSAT |
|
|
250,200 |
||||
|
Federal revenues and reimbursements |
|
|
397,300 |
||||
|
Special revenue funds: |
|
|
|
||||
|
Prisoner health care copayments |
|
|
257,200 |
||||
|
State general
fund/general purpose |
|
$ |
281,098,600 |
||||
|
Sec. 107.
CORRECTIONAL FACILITIES |
|
|
|
||||
|
Full-time equated classified positions |
9,003.6 |
|
|
||||
|
Alger Correctional Facility - Munising—FTEs |
259.0 |
$ |
32,147,800 |
||||
|
Baraga Correctional Facility - Baraga—FTEs |
295.8 |
|
38,293,600 |
||||
|
|
|
|
|
||||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||||
|
Bellamy Creek Correctional Facility - Ionia—FTEs |
392.2 |
|
47,064,600 |
||||
|
Carson City Correctional Facility - Carson City—FTEs |
421.4 |
|
51,524,800 |
||||
|
Central Michigan Correctional Facility - St. Louis—FTEs |
386.6 |
|
48,832,400 |
||||
|
Charles E. Egeler Correctional Facility - Jackson—FTEs |
386.6 |
|
48,325,300 |
||||
|
Chippewa Correctional Facility - Kincheloe—FTEs |
443.6 |
|
54,332,400 |
||||
|
Cooper Street Correctional Facility - Jackson—FTEs |
254.6 |
|
31,163,600 |
||||
|
Detroit Detention Center—FTEs |
69.1 |
|
9,405,600 |
||||
|
Detroit Reentry Center—FTEs |
237.9 |
|
8,714,700 |
||||
|
Earnest C. Brooks Correctional Facility - Muskegon—FTEs |
248.2 |
|
32,092,300 |
||||
|
G. Robert Cotton Correctional Facility - Jackson—FTEs |
395.0 |
|
47,914,500 |
||||
|
Gus Harrison Correctional Facility - Adrian—FTEs |
443.6 |
|
53,099,400 |
||||
|
Ionia Correctional Facility - Ionia—FTEs |
288.3 |
|
36,446,100 |
||||
|
Kinross Correctional Facility - Kincheloe—FTEs |
258.6 |
|
34,651,600 |
||||
|
Lakeland Correctional Facility - Coldwater—FTEs |
275.4 |
|
34,983,600 |
||||
|
Macomb Correctional Facility - New Haven—FTEs |
292.8 |
|
36,921,000 |
||||
|
Marquette Branch Prison - Marquette—FTEs |
319.7 |
|
40,083,300 |
||||
|
Michigan Reformatory - Ionia—FTEs |
319.8 |
|
37,738,600 |
||||
|
Muskegon Correctional Facility - Muskegon—FTEs |
207.0 |
|
27,793,300 |
||||
|
Newberry Correctional Facility - Newberry—FTEs |
198.1 |
|
25,754,600 |
||||
|
Oaks Correctional Facility - Eastlake—FTEs |
289.4 |
|
36,985,500 |
||||
|
Parnall Correctional Facility - Jackson—FTEs |
266.1 |
|
31,046,400 |
||||
|
Richard A. Handlon Correctional Facility - Ionia—FTEs |
255.7 |
|
32,734,500 |
||||
|
Saginaw Correctional Facility - Freeland—FTEs |
276.9 |
|
35,349,600 |
||||
|
Special Alternative Incarceration Program - Cassidy Lake—FTEs |
38.0 |
|
6,452,400 |
||||
|
St. Louis Correctional Facility - St. Louis—FTEs |
306.6 |
|
40,087,200 |
||||
|
Thumb Correctional Facility - Lapeer—FTEs |
283.6 |
|
35,716,400 |
||||
|
Womens Huron Valley Correctional Complex - Ypsilanti—FTEs |
505.1 |
|
63,278,200 |
||||
|
Woodland Correctional Facility - Whitmore Lake—FTEs |
277.9 |
|
37,696,900 |
||||
|
Northern region administration and support—FTEs |
43.0 |
|
4,501,700 |
||||
|
Southern region administration and support—FTEs |
68.0 |
|
22,160,700 |
||||
|
GROSS APPROPRIATION |
|
$ |
1,123,292,600 |
||||
|
Appropriated from: |
|
|
|
||||
|
Federal revenues: |
|
|
|
||||
|
Coronavirus relief fund |
|
|
157,108,400 |
||||
|
DOJ, state criminal assistance program |
|
|
1,034,800 |
||||
|
Special revenue funds: |
|
|
|
||||
|
Local revenues |
|
|
9,405,600 |
||||
|
State restricted fees, revenues, and reimbursements |
|
|
102,100 |
||||
|
State general fund/general purpose |
|
$ |
955,641,700 |
||||
|
Sec. 108. INFORMATION TECHNOLOGY |
|
|
|
||||
|
Information technology services and projects |
|
$ |
31,184,200 |
||||
|
GROSS APPROPRIATION |
|
$ |
31,184,200 |
||||
|
Appropriated from: |
|
|
|
||||
|
Special revenue funds: |
|
|
|
||||
|
Correctional industries revolving fund 110 |
|
|
182,000 |
||||
|
Program and special equipment fund |
|
|
452,800 |
||||
|
Supervision fees set-aside |
|
|
714,800 |
||||
|
State general fund/general purpose |
|
$ |
29,834,600 |
||||
|
Sec. 109. ONE-TIME
APPROPRIATIONS |
|
|
|
||||
|
John Does v MDOC settlement agreement |
|
$ |
15,000,000 |
||||
|
GROSS APPROPRIATION |
|
$ |
15,000,000 |
||||
|
Appropriated from: |
|
|
|
||||
|
State general fund/general purpose |
|
$ |
15,000,000 |
||||
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201.
Pursuant to section 30 of article IX of the state constitution of 1963, total
state spending from state sources under part 1 for fiscal year 2020-2021 is
$1,932,586,900.00 and state spending from state sources to be paid to local
units of government for fiscal year 2020-2021 is $123,330,800.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
|
|
|
|
|
|
County jail reimbursement
program |
|
$ |
14,814,600 |
|
Community corrections
comprehensive plans and services |
|
|
13,198,100 |
|
Field Operations |
|
|
68,441,500 |
|
Leased beds and
alternatives to leased beds |
|
|
100 |
|
Public safety initiative |
|
|
4,000,000 |
|
Prosecutorial and
detainer expenses |
|
|
4,801,000 |
|
Residential alternative
to prison program |
|
|
1,500,000 |
|
Residential probation
diversions |
|
|
16,575,500 |
|
TOTAL |
|
$ |
123,330,800 |
Sec.
202. The appropriations authorized under this
part and part 1 are subject to the management and budget act, 1984 PA 431,
Sec. 203. As
used in this part and part 1:
(a) “Administrative
segregation” means confinement for maintenance of order or discipline to a cell
or room apart from accommodations provided for inmates who are participating in
programs of the facility.
(b) “Cost per
prisoner” means the sum total of the funds appropriated under part 1 for the
following, divided by the projected prisoner population in fiscal year
2020-2021:
(i) New custody staff training.
(ii) Education/skilled trades/career
readiness programs.
(iii) Offender success programming.
(iv) Central records.
(v) Correctional facilities
administration.
(vi) Inmate legal services.
(vii) Prison food service.
(viii) Prison store operations.
(ix) Transportation.
(x) Clinical complexes.
(xi) Hepatitis C treatment.
(xii) Mental health and substance abuse
treatment services.
(xiii) Prisoner health care services.
(xiv) Vaccination program.
(xv) Correctional facilities.
(xvi) Northern and southern region
administration and support.
(c) “Department”
or “MDOC” means the Michigan department of corrections.
(d) “DOJ”
means the United States Department of Justice.
(e) “DOJ-BOP”
means the DOJ Bureau of Prisons.
(f) “EPIC
program” means the department’s effective process improvement and
communications program.
(g) “Evidence-based”
means a decision-making process that integrates the best available research,
clinician expertise, and client characteristics.
(h) “Federally
qualified health center” means that term as defined in section 1396d(l)(2)(B) of the social security act, 42
USC 1396d.
(i) “
(j) “Goal”
means the intended or projected result of a comprehensive corrections plan or
community corrections program to reduce repeat offending, criminogenic and
high-risk behaviors, prison commitment rates, the length of stay in a jail, or
to improve the utilization of a jail.
(k) “Jail”
means a facility operated by a local unit of government for the physical
detention and correction of persons charged with or convicted of criminal
offenses.
(l) “MDHHS” means the Michigan department
of health and human services.
(m) “Medicaid
benefit” means a benefit paid or payable under a program for medical assistance
under the social welfare act, 1939 PA 280,
(n) “Objective risk and needs assessment” means an evaluation
of an offender’s criminal history; the offender’s noncriminal history; and any
other factors relevant to the risk the offender would present to the public
safety, including, but not limited to, having demonstrated a pattern of violent
behavior, and a criminal record that indicates a pattern of violent offenses.
(o) “OCC” means the office of community corrections.
(p) “Offender eligibility criteria” means particular criminal
violations, state felony sentencing guidelines descriptors, and offender
characteristics developed by advisory boards and approved by local units of
government that identify the offenders suitable for community corrections
programs funded through the office of community corrections.
(q) “Offender success” means that an offender has, with the
support of the community, intervention of the field agent, and benefit of any
participation in programs and treatment, made an adjustment while at liberty in
the community such that he or she has not been sentenced to or returned to
prison for the conviction of a new crime or the revocation of probation or
parole.
(r) “Offender target populations” means felons or misdemeanants
who would likely be sentenced to imprisonment in a state correctional facility
or jail, who would not likely increase the risk to the public safety based on
an objective risk and needs assessment that indicates that the offender can be
safely treated and supervised in the community.
(s) “Offender who would likely be sentenced to imprisonment”
means either of the following:
(i) A felon or
misdemeanant who receives a sentencing disposition that appears to be in place
of incarceration in a state correctional facility or jail, according to
historical local sentencing patterns.
(ii) A currently
incarcerated felon or misdemeanant who is granted early release from incarceration
to a community corrections program or who is granted early release from
incarceration as a result of a community corrections program.
(t) “Programmatic success” means that the department program
or initiative has ensured that the offender has accomplished all of the
following:
(i) Obtained
employment, has enrolled or participated in a program of education or job
training, or has investigated all bona fide employment opportunities.
(ii) Obtained
housing.
(iii) Obtained a
state identification card.
(u) “Recidivism” means that term as defined in section 1 of
2017 PA 5, MCL 798.31.
(v) “RSAT” means residential substance abuse treatment.
(w) “Serious emotional disturbance” means that term as
defined in section 100d(2) of the mental health code, 1974 PA 258,
(x) “Serious mental illness” means that term as defined in
section 100d(3) of the mental health code, 1974 PA 258,
(y) “SSA” means the United States Social Security
Administration.
(z) “SSA-SSI” means SSA supplemental security income.
Sec. 204. The department shall use the internet to fulfill
the reporting requirements of this part. This requirement shall include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement and it shall include placement of reports on an
internet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if competitively priced and
of comparable quality American goods or services, or both, are available.
Preference shall be given to goods or services, or both, manufactured or provided
by Michigan businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or services, or both,
that are manufactured or provided by Michigan businesses owned and operated by
veterans, if they are competitively priced and of comparable quality.
Sec. 206. The department shall not take disciplinary action
against an employee of the department in the state classified civil service, or
a prisoner, for communicating with a member of the legislature or his or her
staff, unless the communication is prohibited by law and the department is
exercising its authority as provided by law.
Sec. 207. The department shall prepare a report on
out-of-state travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal year that was
funded in whole or in part with funds appropriated in the department’s budget.
The report shall be submitted to the senate and house appropriations
committees, the senate and house fiscal agencies, and the state budget office.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total
transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the proportion
funded with state restricted revenues, the proportion funded with federal
revenues, and the proportion funded with other revenues.
Sec. 208.
Funds appropriated in part 1 shall not be used by the department to hire a
person to provide legal services that are the responsibility of the attorney
general. This prohibition does not apply to legal services for bonding
activities and for those outside services that the attorney general authorizes.
Sec. 209. Not
later than November 30, the state budget office shall prepare and transmit a
report that provides for estimates of the total general fund/general purpose
appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house appropriations
committees and the senate and house fiscal agencies.
Sec. 210. In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,500,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in part 1 under section 393(2) of the
management and budget act, 1984 PA 431,
Sec. 211. The
department shall cooperate with the department of technology, management, and
budget to maintain a searchable website accessible by the public at no cost
that includes, but is not limited to, all of the following for the department:
(a) Fiscal
year-to-date expenditures by category.
(b) Fiscal
year-to-date expenditures by appropriation unit.
(c) Fiscal
year-to-date payments to a selected vendor, including the vendor name, payment
date, payment amount, and payment description.
(d) The number
of active department employees by job classification.
(e) Job
specifications and wage rates.
Sec. 212.
Within 14 days after the release of the executive budget recommendation, the
department shall cooperate with the state budget office to provide the
chairpersons of the senate and house appropriations committees, the
chairpersons of the senate and house appropriations subcommittees on
corrections, and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the prior 2 fiscal years.
Sec. 213. The
department shall maintain, on a publicly accessible website, a department
scorecard that identifies, tracks, and regularly updates key metrics that are
used to monitor and improve the department’s performance.
Sec. 214.
Total authorized appropriations from all sources under part 1 for legacy costs
for the fiscal year ending September 30, 2021 are estimated at $325,994,500.00.
From this amount, total department appropriations for pension-related legacy
costs are estimated at $156,416,200.00. Total department appropriations for
retiree health care legacy costs are estimated at $169,578,300.00.
Sec. 215. To the extent permissible under the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director
shall take all reasonable steps to ensure businesses in deprived and depressed
communities compete for and perform contracts to provide services or supplies,
or both. The director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and deprived
communities for services, supplies, or both.
Sec. 216. (1)
On a quarterly basis, the department shall report on the number of full-time
equated positions in pay status by civil service classification, including the
number of full-time equated positions in pay status by civil service
classification for each correctional facility, to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office. This report must include the following:
(a) A comparison
by line item of the number of full-time equated positions authorized from funds
appropriated in part 1 to the actual number of full-time equated positions
employed by the department at the end of the reporting period.
(b) A detailed
accounting of all vacant positions that exist within the department.
(c) A detailed
accounting of all correction officer positions at each correctional facility,
including positions that are filled and vacant positions, by facility.
(d) A detailed
accounting of all vacant positions that are health care-related.
(e) A detailed
accounting of vacant positions that are being held open for temporarily
nonactive employees.
(2) By April 1
of the current fiscal year and semiannually thereafter, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office,
the following information:
(a) Number of
employees that were engaged in remote work in 2020.
(b) Number of employees authorized to work remotely and the
actual number of those working remotely in the current reporting period.
(c) Estimated net cost savings achieved by remote work.
(d) Reduced use of office space associated with remote work.
(3) As used in this section, “vacant position” means any
position that has not been filled at any time during the past 12 calendar
months.
Sec. 217. Any coronavirus relief funds appropriated in part 1
for which expenditures have not been incurred as of December 30, 2020 are
unappropriated and immediately reappropriated for deposit into the unemployment
compensation fund established under section 26 of the Michigan employment
security act, 1936 (Ex Sess) PA 1, MCL 421.26, to support costs incurred from
March 1, 2020 through December 30, 2020 due to the COVID-19 public health
emergency.
Sec. 218. If the state administrative board, acting under
section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated
under this article, the legislature may, by a concurrent resolution adopted by
a majority of the members elected to and serving in each house, inter-transfer
funds within this article for the particular department, board, commission,
officer, or institution.
Sec.
219. (1) Any contract for prisoner telephone services entered into after the effective
date of this section shall include a condition that fee schedules for prisoner
telephone calls, including rates and any surcharges other than those necessary
to meet program and special equipment costs, be the same as fee schedules for
calls placed from outside of correctional facilities.
(2)
Revenues appropriated and collected for program and special equipment funds
shall be considered state restricted revenue. Funding shall be used for
prisoner programming, special equipment, and security projects. Unexpended
funds remaining at the close of the fiscal year shall not lapse to the general
fund but shall be carried forward and be available for appropriation in
subsequent fiscal years.
(3) The
department shall submit a report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office by February 1
outlining revenues and expenditures from program and special equipment funds.
The report shall include all of the following:
(a) A
list of all individual projects and purchases financed with program and special
equipment funds in the immediately preceding fiscal year, the amounts expended
on each project or purchase, and the name of each vendor from which the
products or services were purchased.
(b) A
list of planned projects and purchases to be financed with program and special
equipment funds during the current fiscal year, the amounts to be expended on
each project or purchase, and the name of each vendor from which the products
or services will be purchased.
(c) A
review of projects and purchases planned for future fiscal years from program
and special equipment funds.
Sec. 220. The department may charge fees and collect revenues
in excess of appropriations in part 1 not to exceed the cost of offender
services and programming, employee meals, parolee loans, academic/vocational
services, custody escorts, compassionate visits, union steward activities, and
public works programs and services provided to local units of government or
private nonprofit organizations. The revenues and fees collected are
appropriated for all expenses associated with these services and activities.
Sec. 221. The department shall receive and retain copies of
all reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless otherwise
required by federal and state guidelines.
Sec. 222. The department shall report no later than April 1
on each specific policy change made to implement a public act affecting the
department that took effect during the prior calendar year to the senate and
house appropriations committees, the senate and house subcommittees on corrections,
the joint committee on administrative rules, and the senate and house fiscal
agencies.
Sec. 225. Appropriations in part 1 shall, to the extent
possible by the department, not be expended until all existing work project authorization
available for the same purposes is exhausted.
Sec. 239. It is the intent of the legislature that the
department establish and maintain a management-to-staff ratio of not more than
1 supervisor for each 8 employees at the department’s central office in Lansing
and at both the northern and southern region administration offices.
Sec. 247. The department shall provide the state court
administrative office data sufficient to administer the swift and sure
sanctions program.
Sec. 248. At the May
2021 consensus revenue estimating conference, the senate and house fiscal
agencies and the state budget director, or state treasurer, shall establish a
projected prisoner population for fiscal year 2021-2022, and a projected number
of available beds based on the population projection.
DEPARTMENTAL
ADMINISTRATION AND SUPPORT
Sec. 301. For 3 years after a felony offender is released
from the department’s jurisdiction, the department shall maintain the offender’s
file on the offender tracking information system and make it publicly
accessible in the same manner as the file of the current offender. However, the
department shall immediately remove the offender’s file from the offender
tracking information system upon determination that the offender was wrongfully
convicted and the offender’s file is not otherwise required to be maintained on
the offender tracking information system.
Sec. 302. (1) From the funds appropriated in part 1, the
department shall submit a report by March 1 on the department’s staff retention
strategies to the senate and house appropriations subcommittees on corrections,
the senate and house committees on oversight, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office.
The report must include, but not be limited to, the following:
(a) The department’s strategies on how to improve employee
engagement, how to improve employee wellness, and how to offer additional
training and professional development for employees, including metrics the
department is using to measure success of employee wellness programming.
(b) Mechanisms by which the department receives employee
feedback in areas under subdivision (a) and how the department considers
suggestions made by employees.
(c) Steps the department has taken, and future plans and goals
the department has for retention and improving employee wellness.
(2) The department shall establish a staff recruitment and
retention advisory board that is similar to the wellness program advisory board.
At a minimum, the staff recruitment and retention advisory board shall consist
of representatives from the department’s human resources section, the
department’s legal department, department-affiliated unions selected by the
union, and the department’s nonexclusively represented employees. The board shall
meet quarterly and serve to assist the department with shaping and enhancing
effectiveness of staff recruiting and retention strategies. The department
shall submit a status report by April 1 on the creation of the board and
the board’s initial plans to the senate and house appropriations subcommittees
on corrections, the senate and house committees on oversight, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state budget
office.
Sec. 303. From the funds appropriated in part 1, the
department shall submit a report by March 1 on the number of employee
departures to the senate and house appropriations subcommittees on corrections,
the senate and house committees on oversight, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office.
The report must include the number of corrections officers that departed from
employment at a state correctional facility in the immediately preceding fiscal
year and the number of years they worked for the department. The report shall
include a chart that shows the normal distribution of employee departures in
these positions based on years of service. Years of service shall be grouped
into the following ranges: 1 to 3 years, 3 to 5 years, 5 to 10 years, 10 to 15
years, 15 to 20 years, and 20 and more years. The department shall review all
reasons for employee departures and summarize in the report the primary reasons
for departure for each of the ranges of years of service based on the available
responses. The report shall include a section that shows the distinction
between recruits who are in-training at the academy that depart employment,
recruits who are in-training at a facility that depart employment, and
employees who have been on the job that depart employment.
Sec. 304. The department shall maintain a staff savings
initiative program in conjunction with the EPIC program for employees to submit
suggestions for efficiencies for the department. The department shall consider
each suggestion in a timely manner. By March 1, the department shall report to
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on process improvements that were implemented based on
suggestions that were recommended for implementation from the staff savings
initiative and EPIC programs.
Sec. 305. From the funds
appropriated in part 1 for prosecutorial and detainer expenses, the department
shall reimburse counties for housing and custody of parole violators and
offenders being returned by the department from community placement who are
available for return to institutional status and for prisoners who volunteer
for placement in a county jail.
Sec. 306. Funds included in part 1
for the sheriffs’ coordinating and training office are appropriated for and may
be expended to defray costs of continuing education, certification,
recertification, decertification, and training of local corrections officers,
the personnel and administrative costs of the sheriffs’ coordinating and
training office, the local corrections officers advisory board, and the
sheriffs’ coordinating and training council under the local corrections
officers training act, 2003 PA 125,
Sec. 307. The department shall
issue a biannual report for all vendor contracts to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office. The
report shall cover service contracts with a value of $500,000.00 or more and
include all of the following:
(a) The original start date and the
current expiration date of each contract.
(b) The number, if any, of contract
compliance monitoring site visits completed by the department for each vendor.
(c) The number and amount of fines,
if any, for service-level agreement noncompliance for each vendor broken down
by area of noncompliance.
Sec. 308. The department shall
provide for the training of all custody staff in effective and safe ways of
handling prisoners with mental illness and referring prisoners to mental health
treatment programs. Mental health awareness training shall be incorporated into
the training of new custody staff.
Sec. 309. The department shall
issue a report for all correctional facilities to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office by
January 1 setting forth the following information for each facility: its name,
street address, and date of construction; its current maintenance costs; any
maintenance planned; its current utility costs; its expected future capital
improvement costs; the current unspent balance of any authorized capital outlay
projects, including the original authorized amount; and its expected future
useful life. For facilities closed prior to November 1, 2018, the report shall
include a list of costs associated with maintenance and upkeep of closed
facilities, by facility, and estimated costs of demolition of closed
facilities.
Sec. 310. By March 1, the
department shall provide a strategic plan update report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
which details the progress being made in achieving the strategic plan of the
department. The report shall contain updates on relevant strategic plan
objectives, as well as key stats and information about the department’s efforts
to decrease the overall recidivism rate and promote offender success by
ensuring readiness to reenter society.
Sec. 311. By December 1, the department shall provide a report on the
Michigan state industries program to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. The report shall include, but not be limited
to, the locations of the programs, the total number of participants at each
location, a description of job duties and typical inmate schedules, the
products that are produced, and how the program provides marketable skills that
lead to employable outcomes after release from a department facility.
Sec. 312. (1) Funds appropriated in part 1 for employee
wellness programming shall be used for post-traumatic stress outreach, treating
mental health issues, and providing mental health programming for all
department staff, including former employees.
(2) From the funds appropriated in part 1 for employee
wellness programming, $50,000.00 shall be used to conduct a comprehensive
follow-up study to the initial study that was conducted in fiscal year 2019, of
the prevalence of post-traumatic stress and other psychological issues among
department staff that are exacerbated by the corrections environment and
exposure to highly stressful situations.
(3) By September 30, the department shall submit a report on
the results of the study and on programs the department has established, the
level of employee involvement, and expenditures made by the department for
employee wellness programming. The department shall submit the report to the
senate and house appropriations subcommittees on corrections, the senate and
house committees on oversight, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office.
Sec. 313. (1) From the funds appropriated in part 1, the
department shall submit quarterly reports on new employee schools to the senate
and house appropriations subcommittees on corrections, the senate and house
committees on oversight, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office. The reports must include
the following information for the immediately preceding fiscal quarter, and as
much of the information as possible for the current and next fiscal year.
(a) The number of new employee schools that took place and
the location of each.
(b) The number of recruits that started in each employee
school.
(c) The number of recruits that graduated from each employee
school and continued employment with the department.
(2) The report must outline the department’s strategy to
achieve a 5% or lower target corrections officer vacancy rate.
Sec. 314. From the funds appropriated in part 1, the
department shall submit a monthly report on the number of overtime hours worked
by all custody staff, by facility. The report shall include for each facility,
the number of mandatory overtime hours worked, the number of voluntary overtime
hours worked, the reasons for overtime hours worked, and the average number of
overtime hours worked by active employees. The report shall be submitted to the
senate and house appropriations subcommittees on corrections, the senate and
house committees on oversight, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office.
Sec. 315. From the funds appropriated in part 1, the department
shall conduct a survey of all corrections officers, at every correctional
facility, on whether the officers want to have 12-hour shifts implemented. The
department shall submit a report by March 1 to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the results of the survey. The report shall include, but not be limited to, the
number of officers surveyed by facility and the number of yes and no votes.
Sec. 316. From the funds appropriated in part 1 for new
custody staff training, the department shall target
training at hiring a minimum of 700 corrections officers to address higher than
normal attrition of correction officers and to decrease overtime costs.
Sec. 317. (1) From the funds appropriated in part 1, the
department shall submit a status report by November 1 on the new corrections
officer training academy to the senate and house appropriations subcommittees
on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office. The report shall include,
but not be limited to, a listing of all of the structures, amenities of those
structures, and expenditure data associated with the structures and amenities.
(3) The department shall name the training academy site. As
part of this naming process, the department shall solicit site name ideas from
department staff.
Sec. 318. From the funds appropriated in part 1, the
department shall submit a report about programs that offer professional development
and training opportunities for all levels of custody supervisors and first line
managers. The report shall include an overview of existing departmental
programs, as well as a review of programs available in other organizations and
states that serve similar purposes that may be adopted in part or in full to
enhance departmental training. The department shall provide the required report
by April 1 to the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, the legislative corrections ombudsman,
and the state budget office.
OFFENDER SUCCESS
ADMINISTRATION
Sec. 401. The department shall submit 3-year and 5-year
prison population projection updates concurrent with submission of the
executive budget recommendation to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. The report
shall include explanations of the methodology and assumptions used in
developing the projection updates.
Sec. 402. By March 1, the department shall provide a report
on offender success expenditures and allocations to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies,
the legislative corrections ombudsman, and the state budget office. At a
minimum, the report shall include information on both of the following:
(a) Details on prior-year expenditures, including amounts
spent on each project funded, itemized by service provided and service
provider.
(b) Allocations and planned expenditures for each project
funded and for each project to be funded, itemized by service to be provided
and service provider. The department shall provide an amended report quarterly,
if any revisions to allocations or planned expenditures occurred during that
quarter.
Sec. 403. The department shall partner with nonprofit
faith-based, business and professional, civic, and community organizations for
the purpose of providing offender success services. Offender success services
include, but are not limited to, counseling, providing information on housing
and job placement, and money management assistance.
Sec. 404. From the funds appropriated in part 1 for offender
success services, the department, when reasonably possible, shall ensure that
inmates have potential employer matches in the communities to which they will
return prior to each inmate’s initial parole hearing.
Sec. 405. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on expenditures for substance abuse testing and treatment
services, substance abuse testing and treatment program objectives, outcome
measures, and results, including program impact on offender success and
programmatic success.
Sec. 407. By June 30, the department shall place the
statistical report from the immediately preceding calendar year on an internet site.
The statistical report shall include, but not be limited to, the information as
provided in the 2004 statistical report.
Sec. 408. The department shall measure the recidivism rates
of offenders.
Sec. 409. (1) The department shall engage with the department
of labor and economic opportunity and local entities to design services and
shall use appropriations provided in part 1 for offender success and vocational
education programs. The department shall ensure that the collaboration provides
relevant professional development opportunities to prisoners to ensure that the
programs are high quality, demand driven, locally receptive, and responsive to
the needs of communities where the prisoners are expected to reside after their
release from correctional facilities. The programs shall begin upon the intake
of the prisoner into a department facility.
(2) The department shall continue to offer workforce
development programming through the entire duration of the prisoner’s
incarceration to encourage employment upon release.
(3) By March 1, the department shall provide a report to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office detailing the results of the workforce development program.
Sec. 410. (1) The funds included in part 1 for community
corrections comprehensive plans and services are to encourage the development
through technical assistance grants, implementation, and operation of community
corrections programs that enhance offender success and that also may serve as
an alternative to incarceration in a state facility or jail. The comprehensive
corrections plans shall include an explanation of how the public safety will be
maintained, the goals for the local jurisdiction, offender target populations
intended to be affected, offender eligibility criteria for purposes outlined in
the plan, and how the plans will meet the following objectives, consistent with
section 8(4) of the community corrections act, 1988 PA 511,
(a) Reduce admissions to prison of offenders who would likely
be sentenced to imprisonment, including probation violators.
(b) Improve the appropriate utilization of jail facilities,
the first priority of which is to open jail beds intended to house otherwise
prison-bound felons, and the second priority being to appropriately utilize
jail beds so that jail crowding does not occur.
(c) Open jail beds through the increase of pretrial release
options.
(d) Reduce the readmission to prison of parole violators.
(e) Reduce the admission or readmission to prison of
offenders, including probation violators and parole violators, for substance
abuse violations.
(f) Contribute to offender success.
(2) The award of community corrections comprehensive plans
and residential services funds shall be based on criteria that include, but are
not limited to, the prison commitment rate by category of offenders, trends in
prison commitment rates and jail utilization, historical trends in community
corrections program capacity and program utilization, and the projected impact
and outcome of annual policies and procedures of programs on offender success,
prison commitment rates, and jail utilization.
(3) Funds awarded for residential services in part 1 shall
provide for a per diem reimbursement of not more than $55.50.
(4) Pursuant to an approved comprehensive plan, allowable
uses of community corrections comprehensive plans and services funds shall
include reimbursing counties for transportation, treatment costs, and housing
drunk drivers during a period of assessment for treatment and case planning.
Reimbursements for housing during the assessment process shall be at the rate
of $43.50 per day per offender, up to a maximum of 5 days per offender.
Sec. 411. The comprehensive corrections plans shall also
include, where appropriate, descriptive information on the full range of
sanctions and services that are available and utilized within the local
jurisdiction and an explanation of how jail beds, residential services, the
special alternative incarceration program, probation detention centers, the
electronic monitoring program for probationers, and treatment and
rehabilitative services will be utilized to support the objectives and
priorities of the comprehensive corrections plans and the purposes and
priorities of section 8(4) of the community corrections act, 1988 PA 511,
Sec. 412. (1) The department shall submit to the senate and
house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
the following information for each county and counties consolidated for
comprehensive corrections plans:
(a) Approved technical assistance grants and comprehensive
corrections plans including each program and level of funding, the utilization
level of each program, and profile information of enrolled offenders.
(b) If federal funds are made available, the number of
participants funded, the number served, the number successfully completing the
program, and a summary of the program activity.
(c) Status of the community corrections information system
and the jail population information system.
(d) Data on residential services, including participant data,
participant sentencing guideline scores, program expenditures, average length
of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range,
by disposition type, by prior record variable score, by number and percent
statewide and by county, current year, and comparisons to the previous 3 years.
(f) Data on the use of funding made available under the drunk
driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include
the total funding allocated, program expenditures, required program data, and
year-to-date totals.
Sec. 413. (1) From the funds appropriated in part 1 for
public safety initiative, the law enforcement agency of the county receiving
the funding under part 1 shall report a detailed listing of expenditures made
for the prior three fiscal years. The report must be submitted by February 1 to
the senate and house of representatives appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office and must include the purpose for which
the expenditures were made, the amounts of expenditures by purpose, specific
services that were provided, and number of individuals served.
(2) If requested by the senate and house of representatives
appropriations subcommittees on corrections, the law enforcement agency of the
county receiving the funding under part 1 shall appear before the subcommittees
to discuss the expenditure report required under subsection (1). The
subcommittees will work with the law enforcement agency to determine when the
meeting will occur.
Sec. 414. (1) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the purpose of
reimbursing counties for housing in jails certain felons who otherwise would
have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for convicted felons in the custody of the sheriff if the conviction
was for a crime committed on or after
(a) The felon’s sentencing guidelines recommended range upper
limit is more than 18 months, the felon’s sentencing guidelines recommended
range lower limit is 12 months or less, the felon’s prior record variable score
is 35 or more points, and the felon’s sentence is not for commission of a crime
in crime class G or crime class H or a nonperson crime in crime class F under
chapter XVII of the code of criminal procedure, 1927 PA 175,
(b) The felon’s minimum sentencing guidelines range minimum
is more than 12 months under the sentencing guidelines described in subdivision
(a).
(c) The felon was sentenced to jail for a felony committed
while he or she was on parole and under the jurisdiction of the parole board
and for which the sentencing guidelines recommended range for the minimum
sentence has an upper limit of more than 18 months.
(3) State reimbursement under this section shall be $65.00
per diem per diverted offender for offenders with a presumptive prison
guideline score, $55.00 per diem per diverted offender for offenders with a
straddle cell guideline for a group 1 crime, and $40.00 per diem per diverted
offender for offenders with a straddle cell guideline for a group 2 crime.
Reimbursements shall be paid for sentences up to a 1-year total.
(4) As used in this section:
(a) “Group 1 crime” means a crime in 1 or more of the
following offense categories: arson, assault, assaultive other, burglary,
criminal sexual conduct, homicide or resulting in death, other sex offenses,
robbery, and weapon possession as determined by the department based on
specific crimes for which counties received reimbursement under the county jail
reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in
the county jail reimbursement program document titled “FY 2007 and FY 2008
Group One Crimes Reimbursed”, dated March 31, 2009.
(b) “Group 2
crime” means a crime that is not a group 1 crime, including larceny, fraud,
forgery, embezzlement, motor vehicle, malicious destruction of property,
controlled substance offense, felony drunk driving, and other nonassaultive
offenses.
(c) “In the
custody of the sheriff” means that the convicted felon has been sentenced to
the county jail and is either housed in a county jail, is in custody but is
being housed at a hospital or medical facility for a medical or mental health
purpose, or has been released from jail and is being monitored through the use
of the sheriff’s electronic monitoring system.
(5) County
jail reimbursement program expenditures shall not exceed the amount
appropriated in part 1 for the county jail reimbursement program. Payments to
counties under the county jail reimbursement program shall be made in the order
in which properly documented requests for reimbursements are received. A
request shall be considered to be properly documented if it meets MDOC
requirements for documentation. By October 15, the department shall distribute
the documentation requirements to all counties.
(6) Any county
that receives funding under this section for the purpose of housing in jails
certain felons who otherwise would have been sentenced to prison shall, as a
condition of receiving the funding, report by September 30 an annual average
jail capacity and annual average jail occupancy for the immediately preceding
fiscal year.
(7) Any county
that enacts or enforces any law, ordinance, policy, or rule that limits or
prohibits a peace officer or local official, officer, or employee from
communicating or cooperating with appropriate federal officials concerning the
immigration status of an individual in this state is not eligible to receive
reimbursement from funds appropriated in part 1 to house in jails certain
felons who otherwise would have been sentenced to prison.
(8) Not later
than February 1, the department shall report to the senate and house
appropriations subcommittees on corrections all of the following information:
(a) The number
of inmates sentenced to the custody of the sheriff and eligible for the county
jail reimbursement program.
(b) The total
amount paid to counties under the county jail reimbursement program.
(c) The total
number of days inmates were in the custody of the sheriff and eligible for the
county jail reimbursement program.
(d) The number
of inmates sentenced to the custody of the sheriff under each of the 3
categories: presumptive prison, group 1 crime, and group 2 crime in subsection
(3).
(e) The total
amount paid to counties under each of the 3 categories: presumptive prison,
group 1 crime, and group 2 crime in subsection (3).
(f) The total
number of days inmates were in the custody of the sheriff under each of the 3
categories: presumptive prison, group 1 crime, and group 2 crime in subsection
(3).
(g) The
estimated cost of housing inmates sentenced to the custody of the sheriff and
eligible for the county jail reimbursement program as inmates of a state
prison.
Sec. 417. (1)
By March 1, the department shall report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on both of the following programs from the
previous fiscal year:
(a) The drunk driver jail reduction and community treatment program.
(b) Any new initiatives to control prison population growth funded or
proposed to be funded under part 1.
(2) For each
program listed under subsection (1), the report shall include information on
each of the following:
(a) Program
objectives and outcome measures, including, but not limited to, the number of
offenders who successfully completed the program, and the number of offenders
who successfully remained in the community during the 3 years following
termination from the program.
(b)
Expenditures by location.
(c) The impact
on jail utilization.
(d) The impact
on prison admissions.
(e) Other
information relevant to an evaluation of the program.
Sec. 418. (1)
The department shall collaborate with the state court administrative office on
facilitating changes to Michigan court rules that would require the court to
collect at the time of sentencing the state operator’s license, state
identification card, or other documentation used to establish the identity of
the individual to be admitted to the department. The department shall maintain
those documents in the prisoner’s personal file.
(2) The
department shall cooperate with MDHHS to create and maintain a process by which
prisoners can obtain their Michigan birth certificates if necessary. The
department shall describe a process for obtaining birth certificates from other
states, and in situations where the prisoner’s effort fails, the department
shall assist in obtaining the birth certificate.
(3) The
department shall collaborate with the department of military and veterans
affairs to create and maintain a process by which prisoners can obtain a copy
of their DD Form 214 or other military discharge documentation if necessary.
Sec. 419. (1) The department shall provide weekly electronic
mail reports to the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office on prisoner populations by security
levels by facility, prison facility capacities, and parolee and probationer
populations.
(2) The department shall provide monthly electronic mail
reports to the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, the legislative corrections ombudsman,
and the state budget office. The reports shall include information on
end-of-month prisoner populations in county jails, the net operating capacity
according to the most recent certification report, identified by date, the
number of beds in currently closed housing units by facility, and end-of-month
data, year-to-date data, and comparisons to the prior year for the following:
(a) Community residential program populations, separated by
centers and electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number
in special alternative incarceration.
(d) Prison and camp populations, with separate identification
of the number in special alternative incarceration and the number of lifers.
(e) Prisoners classified as past their earliest release date.
(f) Parole board activity, including the numbers and
percentages of parole grants and parole denials.
(g) Prisoner exits, identifying transfers to community
placement, paroles from prisons and camps, paroles from community placement,
total movements to parole, prison intake, prisoner deaths, prisoners
discharging on the maximum sentence, and other prisoner exits.
(h) Prison intake and returns, including probation violators,
new court commitments, violators with new sentences, escaper new sentences,
total prison intake, returns from court with additional sentences, community
placement returns, technical parole violator returns, and total returns to
prison and camp.
Sec. 422. On a quarterly basis, the department shall issue a
report to the senate and house appropriations subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections ombudsman, and
the state budget office, for the previous 4 quarters detailing the outcomes of
prisoners who have been reviewed for parole. The report shall include all of
the following:
(a) How many prisoners in each quarter were reviewed.
(b) How many prisoners were granted parole.
(c) How many prisoners were denied parole.
(d) How many parole decisions were deferred.
(e) The distribution of
the total number of prisoners reviewed during that quarter grouped by whether the prisoner had been
interviewed for the first, second, third, fourth, fifth, sixth, or more than sixth time.
(f) The number of
paroles granted, denied, or deferred for
each of the parole guideline scores of low, average, and high.
(g) The reason for denying or deferring parole.
Sec. 423. From the funds appropriated in part 1 for offender success
administration, the department shall collaborate with the Michigan Restaurant
Association for job placement for individuals on probation and parole.
Sec. 425. (1) From the funds appropriated in part 1 for
offender success programming, $1,000,000.00 shall be used by the department to
establish medication-assisted treatment offender success pilot programs to
provide prerelease treatment and postrelease referral for opioid-addicted and
alcohol-addicted offenders who voluntarily participate in the medication-assisted
treatment offender success pilot programs. The department shall collaborate
with residential and nonresidential substance abuse treatment providers and
with community-based clinics to provide postrelease treatment. The programs
shall employ a multifaceted approach to treatment, including a long-acting
nonaddictive medication approved by the Food and Drug Administration for the
treatment of opioid and alcohol dependence, counseling, and postrelease
referral to community-based providers.
(2) The manufacturer of a long-acting nonaddictive medication
approved by the Food and Drug Administration for opioid and alcohol dependence
shall provide the department with samples of the medication, at no cost to the
department, during the duration of the medication-assisted treatment offender
success pilot programs. Offenders shall receive 1 injection prior to being
released from custody and shall be connected with an aftercare plan and
assistance with obtaining insurance to cover subsequent injections.
(3) Participants of the programs shall be required to attend
substance abuse treatment programming as directed by their agent, including
coordination of both direct or indirect services through federally qualified
health centers in Wayne, Washtenaw, Genesee, Berrien, Van Buren, and Allegan
Counties, but not limited to only those counties, shall be subject to routine
drug and alcohol testing, shall not be allowed to consume drugs or alcohol, and
shall possess a strong will to overcome addiction.
(4) The department shall submit a report by September 30 to
the senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on the number of offenders who received injections upon release,
the number of offenders who received injections and tested positive for drugs
or alcohol, the number of offenders who received injections in the community
for a duration of at least 3 months, and the number of offenders who received injections
and were subsequently returned to prison.
Sec. 426. From the funds
appropriated in part 1, the department shall ensure that any inmate with a
diagnosed mental illness is referred to a local mental health care provider
that is able and willing to treat the inmate upon parole or discharge. The
department shall ensure that the provider is informed of the inmate’s current
treatment plan including any medications that are currently prescribed to the
inmate.
Sec. 437. (1) Funds appropriated in
part 1 for Goodwill Flip the Script shall be distributed to a
Michigan-chartered 501(c)(3) nonprofit corporation operating in a county with
greater than 1,500,000 people for administration and expansion of a program
that serves a population of individuals aged 16 to 39. The program shall target
those who are entering the criminal justice system for the first or second time
and shall assist those individuals through the following program types:
(a) Alternative sentencing programs
in partnership with a local district or circuit court.
(b) Educational recovery for
special adult populations with high rates of illiteracy.
(c) Career development and
continuing education for women.
(2) The program selected shall
report by March 30 to the department, the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. The report
shall include program performance measurements, the number of individuals
diverted from incarceration, the number of individuals served, and outcomes of
participants who complete the program.
FIELD OPERATIONS
ADMINISTRATION
Sec. 602. It is the intent of the legislature that the
department not extend any contracts for electronic monitoring devices. When the
current contract ends, a complete review of all providers and technology must
be conducted to determine the efficacy.
Sec. 603. (1) Included in the appropriation in part 1 is
adequate funding to implement the curfew monitoring program to be administered
by the department. The curfew monitoring program is intended to provide
sentencing judges and county sheriffs in coordination with local community
corrections advisory boards access to the state’s curfew monitoring program to
reduce prison admissions and improve local jail utilization. The department
shall determine the appropriate distribution of the curfew monitor units
throughout the state based upon locally developed comprehensive corrections
plans under the community corrections act, 1988 PA 511,
(2) For a fee determined by the department, the department
shall provide counties with the curfew monitor equipment, replacement parts,
administrative oversight of the equipment’s operation, notification of
violators, and periodic reports regarding county program participants. Counties
are responsible for curfew monitor equipment installation and service. For an
additional fee as determined by the department, the department shall provide
staff to install and service the equipment. Counties are responsible for the
coordination and apprehension of program violators.
(3) Any county with curfew monitor charges outstanding over
60 days shall be considered in violation of the community curfew monitor
program agreement and lose access to the program.
Sec. 604. (1) The funds appropriated in part 1 for criminal
justice reinvestment shall be used only to fund data collection and
evidence-based programs designed to reduce recidivism among probationers and
parolees.
(2) Of the funds appropriated in part 1 for criminal justice
reinvestment, at least $600,000.00 shall be allocated to an organization that
has received a United States Department of Labor training to work 2-adult
reentry grant to provide county jail inmates with programming and services to
prepare them to get and keep jobs. Examples of eligible programs and services
are, but are not limited to: adult education, tutoring, manufacturing skills
training, participation in a simulated work environment, mentoring, cognitive
therapy groups, life skills classes, substance abuse recovery groups,
fatherhood programs, classes in understanding the legal system, family
literacy, health and wellness, finance management, employer presentations, and
classes on job retention. Programming and support services should begin before
release and continue after release from the county jail. To be eligible for
funding, an organization must show at least 2 years’ worth of data that
demonstrate program success.
Sec. 605. From the funds appropriated
in part 1 for criminal justice reinvestment, the department shall allocate
$250,000.00 to conduct a request for proposal for a vendor to provide
evidence-based mentoring, employment soft skills training, and job placement
assistance. The selected vendor must demonstrate the ability to train
individuals in mediation and conflict resolution. The selected vendor must
provide evidence-based practices and community collaboration for offenders that
are released from prison. The department shall issue a request for proposal no
later than February 1 to acquire these services, with an awarded contract start
date no later than May 1.
Sec. 611. The department shall prepare by March 1 individual
reports for the residential reentry program, the electronic monitoring program,
and the special alternative to incarceration program. The reports shall be
submitted to the senate and house appropriations subcommittees on corrections,
the senate and house fiscal agencies, the legislative corrections ombudsman,
and the state budget office. Each program’s report shall include information on
all of the following:
(a) Monthly new participants by type of offender. Residential
reentry program participants shall be categorized by reason for placement. For
technical rule violators, the report shall sort offenders by length of time
since release from prison, by the most recent violation, and by the number of
violations occurring since release from prison.
(b) Monthly participant unsuccessful terminations, including
cause.
(c) Number of successful terminations.
(d) End month population by facility/program.
(e) Average length of placement.
(f) Return to prison statistics.
(g) Description of each program location or locations,
capacity, and staffing.
(h) Sentencing guideline scores and actual sentence
statistics for participants, if applicable.
(i) Comparison with prior year statistics.
(j) Analysis of the impact on prison admissions and jail
utilization and the cost effectiveness of the program.
Sec. 612. (1) The department shall review and revise as
necessary policy proposals that provide alternatives to prison for offenders
being sentenced to prison as a result of technical probation violations and
technical parole violations. To the extent the department has insufficient
policies or resources to affect the continued increase in prison commitments
among these offender populations, the department shall explore other policy
options to allow for program alternatives, including department or OCC-funded
programs, local level programs, and programs available through private agencies
that may be used as prison alternatives for these offenders.
(2) By April 1, the department shall provide a report to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on the number of all parolees returned to prison and probationers
sentenced to prison for either a technical violation or new sentence during the
preceding fiscal year. The report shall include the following information for
probationers, for parolees after their first parole, and for parolees who have
been paroled more than once:
(a) The numbers of parole and probation violators returned to
or sent to prison for a new crime with a comparison of original versus new
offenses by major offense type: assaultive, nonassaultive, drug, and sex.
(b) The numbers of parole and probation violators returned to
or sent to prison for a technical violation and the type of violation,
including, but not limited to, zero gun tolerance and substance abuse
violations. For parole technical rule violators, the report shall list
violations by type, by length of time since release from prison, by the most
recent violation, and by the number of violations occurring since release from
prison.
(c) The educational history of those offenders, including how
many had a high school equivalency or high school diploma prior to
incarceration in prison, how many received a high school equivalency while in
prison, and how many received a vocational certificate while in prison.
(d) The number of offenders who participated in the reentry
program versus the number of those who did not.
(e) The unduplicated number of offenders who participated in
substance abuse treatment programs, mental health treatment programs, or both,
while in prison, itemized by diagnosis.
Sec. 613. When the department is determining where to place a
parolee with chronic technical violations, the department shall give priority
to placing a parolee in an intensive detention program that offers specific
programming to address the behavioral needs of the parolee, and that works on a
plan with the parolee to ensure that once the parolee is released he or she can
remain in the community and successfully complete his or her parole.
Sec. 615. (1) The department shall submit a report detailing
the number of prisoners who have received life imprisonment sentences with the
possibility of parole and who are currently eligible for parole to the senate
and house appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the state budget
office by April 30.
(2) The report shall include the following information on
parolable lifers who have served more than 25 years: prisoner name, MDOC
identification number, prefix, offense for which life term is being served,
county of conviction, age at time offense was committed, current age, race,
gender, true security classification, dates of parole board file reviews, dates
of parole board interviews, parole guideline scores, and reason for decision
not to release.
Sec. 617. From the funds appropriated in part 1 for the
residential alternative to prison program, the department shall provide
vocational, educational, and cognitive programming in a secure environment to
enhance existing alternative sentencing options, increase employment readiness
and successful placement rates, and reduce new criminal behavior for the west
Michigan probation violator population. The department shall measure and set
the following metric goals:
(a) 85% of participants successfully complete the program.
(b) Of the participants that complete the program, 75% will
earn a nationally recognized credential for career and vocational programs.
(c) Of the participants that complete the program, 100% will
earn a certificate of completion for cognitive programming.
(d) The prison commitment rate for probation violators will
be reduced by 5% within the impacted geographical area after the first year of
program operation.
HEALTH
Sec. 802. (1) As a condition of expenditure of the funds
appropriated in part 1, the department shall provide the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office with quarterly reports on physical and mental health care,
pharmaceutical services, and durable medical equipment, for prisoners.
Reports shall detail quarterly and fiscal year-to-date expenditures itemized by
vendor, allocations, status of payments from contractors to vendors, and
projected year-end expenditures from accounts. Reports shall include a
breakdown of all payments to the integrated care provider and to other
providers itemized by physical health care, mental health care, pharmaceutical,
and durable medical equipment expenditures.
(2) By April 1, the department shall provide the senate and
house appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
with a report on pharmaceutical prescribing practices, including a detailed
accounting of expenditures on antipsychotic medications, and any changes that
have been made to the prescription drug formularies.
Sec. 803. (1) The department shall assure that all prisoners,
upon any health care treatment, are given the opportunity to sign a release of
information form designating a family member or other individual to whom the
department shall release records information regarding a prisoner. A release of
information form signed by a prisoner shall remain in effect for 1 year, and
the prisoner may elect to withdraw or amend the release form at any time.
(2) The department shall assure that any such signed release
forms follow a prisoner upon transfer to another department facility or to the
supervision of a parole officer.
(3) The form shall be placed online, on a public website
managed by the department.
Sec. 804. The department shall report quarterly to the senate
and house appropriations subcommittees on corrections, the senate and house
fiscal agencies, the legislative corrections ombudsman, and the state budget
office on prisoner health care utilization. The report shall include the number
of inpatient hospital days, outpatient visits, emergency room visits, and
prisoners receiving off-site inpatient medical care in the previous quarter, by
facility.
Sec. 807. The funds appropriated in part 1 for Hepatitis C
treatment shall be used only to purchase specialty medication for Hepatitis C
treatment in the prison population. In addition to the above appropriation, any
rebates received from the medications used shall be used only to purchase
specialty medication for Hepatitis C treatment. On a quarterly basis, the
department shall issue a report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the legislative
corrections ombudsman, and the state budget office, showing for the previous 4
quarters the total amount spent on specialty medication for the treatment of
Hepatitis C, the number of prisoners that were treated, the amount of any
rebates that were received from the purchase of specialty medication, and what
outstanding rebates are expected to be received.
Sec. 812. (1) The department shall provide the department of
health and human services with a monthly list of prisoners newly committed to
the department of corrections. The department and the department of health and
human services shall enter into an interagency agreement under which the
department of health and human services provides the department of corrections
with monthly lists of newly committed prisoners who are eligible for Medicaid
benefits in order to maintain the process by which Medicaid benefits are
suspended rather than terminated. The department shall assist prisoners who may
be eligible for Medicaid benefits after release from prison with the Medicaid
enrollment process prior to release from prison.
(2) The department shall provide the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
with quarterly updates on the utilization of Medicaid benefits for prisoners.
CORRECTIONAL FACILITIES
ADMINISTRATION
Sec. 901. From the funds appropriated in part 1 for the
enhanced food technology program, the department shall expand the existing food
technology education program to at least 700 inmates annually. A participant in
the food technology program shall complete 408 hours of on-the-job training in
a prison kitchen as a part of the program.
Sec. 902. (1) From the funds appropriated in part 1, the
department shall notify the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office of the department’s plans to eliminate
programming for prisoners. Notice shall be provided at least 1 month prior to
program elimination.
(2) As used in this section, “programming for prisoners”
means a department core program or career and technical education program
funded in part 1.
Sec. 903. From the funds
appropriated in part 1 for prison food service, the department shall report biannually to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the following:
(a) Average per-meal cost for
prisoner food service. Per-meal cost shall include all costs directly related
to the provision of food for the prisoner population, and shall include, but
not be limited to, actual food costs, total compensation for all food service
workers, including benefits and legacy costs, and inspection and compliance
costs for food service.
(b) Food service-related contracts, including goods or services to be provided
and the vendor.
(c)
Major sanitation violations.
Sec. 904. The department shall calculate the cost per
prisoner/per day for each security custody level. This calculation shall
include all actual direct and indirect costs for the previous fiscal year,
including, but not limited to, the value of services provided to the department
by other state agencies and the allocation of statewide legacy costs. To
calculate the cost per prisoner/per day, the department shall divide these
direct and indirect costs by the average daily population for each custody
level. For multilevel facilities, the indirect costs that cannot be accurately
allocated to each custody level can be included in the calculation on a
per-prisoner basis for each facility. A report summarizing these calculations
and the direct and indirect costs included in them shall be submitted to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office not later than December 15.
Sec. 906. Any local unit of government or private nonprofit
organization that contracts with the department for public works services shall
be responsible for financing the entire cost of such an agreement.
Sec. 907. The department shall report by March 1 to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on academic and vocational programs. The report shall provide
information relevant to an assessment of the department’s academic and
vocational programs, including, but not limited to, all of the following:
(a) The number of instructors and the number of instructor
vacancies, by program and facility.
(b) The number of prisoners enrolled in each program, the
number of prisoners completing each program, the number of prisoners who do not
complete each program and are not subsequently reenrolled, and the reason for
not completing the program, the number of prisoners transferred to another facility
while enrolled in a program and not subsequently reenrolled, the number of
prisoners enrolled who are repeating the program, and the number of prisoners
on waiting lists for each program, all itemized by facility.
(c) The steps the department has undertaken to improve
programs, track records, accommodate transfers and prisoners with health care
needs, and reduce waiting lists.
(d) The number of prisoners paroled without a high school
diploma and the number of prisoners paroled without a high school equivalency.
(e) An explanation of the value and purpose of each program,
for example, to improve employability, reduce recidivism, reduce prisoner
idleness, or some combination of these and other factors.
(f) An identification of program outcomes for each academic
and vocational program.
(g) The number
of prisoners not paroled at their earliest release date due to lack of a high
school equivalency, and the reason those prisoners have not obtained a high
school equivalency.
Sec. 908. From
the funds appropriated in part 1, the department may establish a pilot online
high school diploma and career certificate program to serve up to 400 inmates
through a provider that offers career-based online high school diplomas
designed to prepare adult inmates for transition into the workplace. If a bid
is awarded, the department shall provide an initial report no later than June 1
on the progress of the inmates in the online high school diploma and career
certificate program to the senate and house subcommittees on corrections, the
senate and house fiscal agencies, the legislative corrections ombudsman, and
the state budget office.
Sec. 910. The
department shall allow the Michigan Braille transcribing fund program to
operate at designated locations. The donations by the Michigan Braille
transcribing fund at the G. Robert Cotton Correctional Facility in Jackson and
the Womens Huron Valley Correctional Facility in Ypsilanti are acknowledged and
appreciated. The department shall continue to encourage the Michigan Braille
transcribing fund program to produce high-quality materials for use by the
visually impaired.
Sec. 911. By
March 1, the department shall report to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office the number of
critical incidents occurring each month by type and the number and severity of
assaults, escape attempts, suicides, and attempted suicides occurring each
month at each facility during the immediately preceding calendar year.
Sec. 912. The
department shall report quarterly to the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office on the ratio of
correctional officers to prisoners for each correctional institution, the ratio
of shift command staff to line custody staff, and the ratio of noncustody
institutional staff to prisoners for each correctional institution.
Sec. 913. (1)
From the funds appropriated in part 1, the department shall focus on providing
required programming to prisoners who are past their earliest release date
because of not having received the required programming. Programming includes,
but is not limited to, violence prevention programming, assaultive offender
programming, sexual offender programming, substance abuse treatment
programming, thinking for a change programming, and any other programming that
is required as a condition of parole.
(2) It is the
intent of the legislature that any prisoner required to complete a violence
prevention program, sexual offender program, or other program as a condition of
parole shall be placed on a waiting list for the appropriate programming upon
entrance to prison and transferred to a facility where that program is
available in order to accomplish timely completion of that program prior to the
expiration of his or her minimum sentence and eligibility for parole. Nothing
in this section should be deemed to make parole denial appealable in court.
(3) The
department shall submit a quarterly report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office
detailing enrollment in sex offender programming, assaultive offender
programming, violent offender programming, and thinking for a change
programming. At a minimum, the report shall include the following:
(a) A full
accounting, from the date of entrance to prison, of the number of individuals
who are required to complete the programming, but have not yet done so.
(b) The number
of individuals who have reached their earliest release date, but who have not
completed required programming.
(c) A plan of
action for addressing any waiting lists or backlogs for programming that may
exist.
Sec. 920. If a
female prisoner consents to a visitor being present, the department shall allow
that 1 person to be present during the prisoner’s labor and delivery. The
person allowed to accompany the prisoner must be an immediate family member,
legal guardian, spouse, or domestic partner. The department is authorized to
deny access to a visitor if the department has a safety concern with that
visitor’s access. The department is authorized to conduct a criminal background
check on a visitor.
Sec. 924. The
department shall evaluate all prisoners at intake for substance abuse
disorders, serious developmental
disorders, serious mental illness, and other mental health disorders. Prisoners
with serious mental illness or serious
developmental disorders shall not be removed from the general population
as a punitive response to behavior caused by their serious mental illness or serious developmental disorder. Due to persistent high violence risk or severe
disruptive behavior that is unresponsive to treatment, prisoners with serious
mental illness or serious developmental disorders may be placed in secure
residential housing programs that will facilitate access to institutional
programming and ongoing mental health services. A prisoner with serious mental
illness or serious developmental disorder who is confined in these specialized housing programs shall be evaluated
or monitored by a medical professional at a frequency of not less than every 12
hours.
Sec. 925. By March 1, the department shall report to the
senate and house appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on the annual number of prisoners in administrative segregation
between October 1, 2019 and September 30, 2020, and the annual number of
prisoners in administrative segregation between October 1, 2019 and September
30, 2020 who at any time during the current or prior prison term were diagnosed
with serious mental illness or have a developmental disorder and the number of
days each of the prisoners with serious mental illness or a developmental
disorder have been confined to administrative segregation.
Sec. 929. From the funds appropriated in part 1, the department shall
do all of the following:
(a) Ensure that any inmate care and control staff in contact
with prisoners less than 18 years of age are adequately trained with regard to
the developmental and mental health needs of prisoners less than 18 years of
age. By April 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the training curriculum used and the number and types of staff receiving annual
training under that curriculum.
(b) Provide appropriate placement for prisoners less than 18
years of age who have serious mental illness, serious emotional disturbance, or
a serious developmental disorder
and need to be housed separately from the general population. Prisoners less
than 18 years of age who have serious mental illness, serious emotional
disturbance, or a serious developmental
disorder shall not be removed from an
existing placement as a punitive response to behavior caused by their
serious mental illness, serious emotional disturbance, or a serious developmental disorder. Due to
persistent high violence risk or severe disruptive behavior that is
unresponsive to treatment, prisoners less than 18 years of age with serious
emotional disturbance, serious mental illness, or serious developmental
disorders may be placed in secure residential housing programs that will
facilitate access to institutional programming and ongoing mental health
services. A prisoner less than 18 years of age with serious mental illness,
serious emotional disturbance, or a serious
developmental disorder who is confined in these specialized housing
programs shall be evaluated or monitored by a medical professional at a
frequency of not less than every 12 hours.
(c) Implement a specialized offender success program that
recognizes the needs of prisoners less than 18 years old for supervised
offender success.
Sec. 930. The department shall submit a quarterly report to
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on the number of youth in prison. The report shall include, but
not be limited to, the following information:
(a) The total number of inmates under age 18 who are not on
Holmes youthful trainee act status.
(b) The total number of inmates under age 18 who are on
Holmes youthful trainee act status.
(c) The total number of inmates aged 18 to 23 who are on
Holmes youthful trainee act status.
Sec. 940. (1) Any lease, rental, contract, or other legal
agreement that includes a provision allowing a private person or entity to use
state-owned facilities or other property to conduct a for-profit business
enterprise shall require the lessee to pay fair market value for the use of the
state-owned property.
(2) The lease, rental, contract, or other legal agreement
shall also require the party using the property to make a payment in lieu of
taxes to the local jurisdictions that would otherwise receive property tax
revenue, as if the property were not owned by the state.
Sec. 942. The department shall ensure that any contract with
a public or private party to operate a facility to house state prisoners
includes a provision to allow access by both the office of the legislative auditor
general and the office of the legislative corrections ombudsman to the facility
and to appropriate records and documents related to the operation of the
facility. These access rights for both offices shall be the same for the
contracted facility as for a general state-operated correctional facility.
Sec. 943. The department shall submit a report by May 1 to
the senate and house appropriations subcommittees on corrections, the senate
and house fiscal agencies, the legislative corrections ombudsman, and the state
budget office on the actual and projected savings achieved by closing
correctional facilities. Savings amounts shall be itemized by facility.
Information required by this section shall start with the closure of the
Pugsley Correctional Facility, which closed in September of 2016.
Sec. 944. When the department is planning to close a
correctional facility, the department shall fully consider the potential
economic impact of the prison closure on the community where the facility is
located. The department, when weighing all factors related to the closure of a
facility, shall also consider the impact on the local community where the
facility to be closed is located.
Sec. 945. From the funds appropriated in part 1, the
department shall notify the senate and house appropriations subcommittees on
corrections, the senate and house fiscal agencies, the legislative corrections
ombudsman, and the state budget office of the department’s plans to close,
consolidate, or relocate any correctional facility in the state. Notice shall
be provided at least 1 month prior to effective date of closure, consolidation,
or relocation.
Sec. 946. It is the intent of the legislature that the department
consult with the legislature and other appropriate state agencies to develop a
framework to provide investment in communities that have formerly operational
state correctional facilities that have been closed. This framework shall
include plans to ensure that vacant state correctional facilities do not become
a nuisance or danger to the community.
MISCELLANEOUS
Sec. 1009. The department shall make an information packet
for the families of incoming prisoners available on the department’s website.
The information packet shall be updated by February 1. The packet shall provide
information on topics including, but not limited to: how to put money into
prisoner accounts, how to make phone calls or create Jpay electronic mail
accounts, how to visit in person, proper procedures for filing complaints or
grievances, the rights of prisoners to physical and mental health care, how to
utilize the offender tracking information system (OTIS), truth-in-sentencing
and how it applies to minimum sentences, the parole process, and guidance on
the importance of the role of families in the reentry process. The department
is encouraged to partner with external advocacy groups and actual families of
prisoners in the packet-writing process to ensure that the information is useful
and complete.
Sec. 1011. The department may accept in-kind services and equipment
donations to facilitate the addition of a cable network that provides
programming that will address the religious needs of incarcerated individuals.
This network may be a cable television network that presently reaches the
majority of households in the United States. A bilingual channel affiliated
with this network may also be added to department programming to assist the
religious needs of Spanish-speaking inmates. The addition of these channels
shall be at no additional cost to this state.
Sec. 1013. From the funds appropriated in part 1, priority may be given
to funding reentry or rehabilitation programs that have been demonstrated to
reduce prison violence and recidivism, including faith-based initiatives.
ARTICLE 3
DEPARTMENT OF EDUCATION
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of
education for the fiscal year ending September 30, 2021, from the following
funds:
|
DEPARTMENT OF EDUCATION |
|
|
|
||
|
APPROPRIATION
SUMMARY |
|
|
|
||
|
Full-time equated unclassified positions |
6.0 |
|
|
||
|
Full-time equated classified positions |
614.5 |
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
451,695,700 |
||
|
ADJUSTED GROSS
APPROPRIATIONS |
|
|
451,695,700 |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
343,701,700 |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
5,872,100 |
||
|
Total private revenues |
|
|
2,239,300 |
||
|
Total other state restricted revenues |
|
|
9,815,500 |
||
|
State general
fund/general purpose |
|
$ |
90,067,100 |
||
|
Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF
THE SUPERINTENDENT |
|
|
|
||
|
Full-time equated unclassified positions |
6.0 |
|
|
||
|
Full-time equated classified positions |
11.0 |
|
|
||
|
Unclassified positions—FTE positions |
6.0 |
$ |
910,600 |
||
|
Education commission of the states |
|
|
120,800 |
||
|
State board of education, per diem payments |
|
|
24,400 |
||
|
State board/superintendent operations—FTEs |
11.0 |
|
2,282,500 |
||
|
GROSS
APPROPRIATION |
|
$ |
3,338,300 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
250,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Private foundations |
|
|
28,100 |
||
|
Certification fees |
|
|
809,200 |
||
|
State general
fund/general purpose |
|
$ |
2,251,000 |
||
|
Sec. 103. DEPARTMENTAL ADMINISTRATION AND
SUPPORT |
|
|
|
||
|
Full-time equated classified positions |
47.6 |
|
|
||
|
Central support operations—FTEs |
38.6 |
|
6,073,000 |
||
|
Federal and private grants |
|
|
3,000,000 |
||
|
Grant and contract operations—FTEs |
9.0 |
|
2,754,200 |
||
|
Property management |
|
|
3,556,100 |
||
|
Terminal leave payments |
|
|
353,300 |
||
|
Training and orientation workshops |
|
|
150,000 |
||
|
Worker’s compensation |
|
|
65,700 |
||
|
GROSS
APPROPRIATION |
|
$ |
15,952,300 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal indirect revenues |
|
|
2,954,300 |
||
|
Federal revenues |
|
|
6,180,700 |
||
|
Special revenue funds: |
|
|
|
||
|
Private foundations |
|
|
1,000,000 |
||
|
Certification fees |
|
|
575,500 |
||
|
Teacher testing fees |
|
|
4,400 |
||
|
Training and orientation workshop fees |
|
|
150,000 |
||
|
State general
fund/general purpose |
|
$ |
5,087,400 |
||
|
Sec. 104. INFORMATION TECHNOLOGY |
|
|
|
||
|
Information technology services and projects |
|
|
4,968,300 |
||
|
GROSS
APPROPRIATION |
|
$ |
4,968,300 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal indirect revenues |
|
|
1,964,600 |
||
|
Federal revenues |
|
|
640,200 |
||
|
Special revenue funds: |
|
|
|
||
|
Certification fees |
|
|
939,400 |
||
|
State general
fund/general purpose |
|
$ |
1,424,100 |
||
|
Sec. 105. SPECIAL EDUCATION SERVICES |
|
|
|
||
|
Full-time equated classified positions |
47.0 |
|
|
||
|
Special education operations—FTEs |
47.0 |
|
10,813,100 |
||
|
GROSS
APPROPRIATION |
|
$ |
10,813,100 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
8,723,500 |
||
|
Special revenue funds: |
|
|
|
||
|
Private foundations |
|
|
110,100 |
||
|
Certification fees |
|
|
46,800 |
||
|
State general
fund/general purpose |
|
$ |
1,932,700 |
||
|
Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND
BLIND |
|
|
|
||
|
Full-time equated classified positions |
82.0 |
|
|
||
|
Camp Tuhsmeheta—FTE |
1.0 |
|
501,100 |
||
|
Low incidence outreach program |
|
|
1,000,000 |
||
|
Michigan schools for the deaf and blind operations—FTEs |
81.0 |
|
13,638,500 |
||
|
Private gifts - blind |
|
|
200,000 |
||
|
Private gifts - deaf |
|
|
150,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
GROSS APPROPRIATION |
|
$ |
15,489,600 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
7,560,300 |
||
|
Special revenue funds: |
|
|
|
||
|
Local cost sharing (schools for deaf/blind) |
|
|
5,872,100 |
||
|
Gifts, bequests, and donations |
|
|
851,100 |
||
|
Low incidence outreach fund |
|
|
1,000,000 |
||
|
Student insurance revenue |
|
|
206,100 |
||
|
State general
fund/general purpose |
|
$ |
0 |
||
|
Sec. 107. EDUCATOR EXCELLENCE |
|
|
|
||
|
Full-time equated classified positions |
48.0 |
|
|
||
|
Educator excellence operations—FTEs |
48.0 |
|
10,989,700 |
||
|
GROSS APPROPRIATION |
|
$ |
10,989,700 |
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
4,668,000 |
||
|
Special revenue funds: |
|
|
|
||
|
Certification fees |
|
|
4,097,000 |
||
|
Teacher testing fees |
|
|
198,100 |
||
|
State general
fund/general purpose |
|
$ |
2,026,600 |
||
|
Sec. 108. MICHIGAN OFFICE OF GREAT START |
|
|
|
||
|
Full-time equated classified positions |
66.0 |
|
|
||
|
Child development and care contracted services |
|
|
12,400,000 |
||
|
Child development and care external support |
|
|
30,809,900 |
||
|
Child development and care public assistance |
|
|
241,622,000 |
||
|
Head start collaboration office—FTE |
1.0 |
|
319,700 |
||
|
Office of great start operations—FTEs |
65.0 |
|
13,564,300 |
||
|
T.E.A.C.H. Early Childhood Michigan scholarship program |
|
|
5,000,000 |
||
|
GROSS
APPROPRIATION |
|
$ |
303,715,900 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
262,051,500 |
||
|
Special revenue funds: |
|
|
|
||
|
Private foundations |
|
|
250,000 |
||
|
Certification fees |
|
|
64,600 |
||
|
State general
fund/general purpose |
|
$ |
41,349,800 |
||
|
Sec. 109. SYSTEMS, EVALUATION, AND TECHNOLOGY |
|
|
|
||
|
Full-time equated classified positions |
10.0 |
|
|
||
|
Office of systems, evaluation, and technology operations—FTEs |
10.0 |
|
1,987,000 |
||
|
GROSS
APPROPRIATION |
|
$ |
1,987,000 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal indirect revenues |
|
|
139,000 |
||
|
Federal revenues |
|
|
983,800 |
||
|
Special revenue funds: |
|
|
|
||
|
Certification fees |
|
|
10,400 |
||
|
State general
fund/general purpose |
|
$ |
853,800 |
||
|
Sec. 110. STRATEGIC PLANNING AND
IMPLEMENTATION |
|
|
|
||
|
Full-time equated classified positions |
6.0 |
|
|
||
|
Strategic planning and implementation operations—FTEs |
6.0 |
|
1,083,000 |
||
|
GROSS
APPROPRIATION |
|
$ |
1,083,000 |
||
|
|
|
|
|
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
559,000 |
||
|
State general
fund/general purpose |
|
$ |
524,000 |
||
|
Sec. 111. ADMINISTRATIVE LAW SERVICES |
|
|
|
||
|
Full-time equated classified positions |
2.0 |
|
|
||
|
Administrative law operations—FTEs |
2.0 |
|
1,423,500 |
||
|
GROSS
APPROPRIATION |
|
$ |
1,423,500 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
579,700 |
||
|
Special revenue funds: |
|
|
|
||
|
Certification fees |
|
|
739,900 |
||
|
State general
fund/general purpose |
|
$ |
103,900 |
||
|
Sec. 112. ACCOUNTABILITY SERVICES |
|
|
|
||
|
Full-time equated classified positions |
63.6 |
|
|
||
|
Accountability services operations—FTEs |
63.6 |
|
14,881,400 |
||
|
GROSS
APPROPRIATION |
|
$ |
14,881,400 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
12,705,000 |
||
|
State general
fund/general purpose |
|
$ |
2,176,400 |
||
|
Sec. 113. SCHOOL SUPPORT SERVICES |
|
|
|
||
|
Full-time equated classified positions |
74.6 |
|
|
||
|
Adolescent and school health |
|
|
322,900 |
||
|
School support services operations—FTEs |
74.6 |
|
13,775,900 |
||
|
GROSS
APPROPRIATION |
|
$ |
14,098,800 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
12,670,500 |
||
|
Special revenue funds: |
|
|
|
||
|
Commodity distribution fees |
|
|
71,700 |
||
|
State general
fund/general purpose |
|
$ |
1,356,600 |
||
|
Sec. 114. EDUCATIONAL SUPPORTS |
|
|
|
||
|
Full-time equated classified positions |
82.7 |
|
|
||
|
Educational supports operations—FTEs |
82.7 |
|
15,434,300 |
||
|
GROSS
APPROPRIATION |
|
$ |
15,434,300 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
11,317,800 |
||
|
Special revenue funds: |
|
|
|
||
|
Certification fees |
|
|
602,400 |
||
|
State general
fund/general purpose |
|
$ |
3,514,100 |
||
|
Sec. 115. CAREER AND TECHNICAL EDUCATION |
|
|
|
||
|
Full-time equated classified positions |
28.0 |
|
|
||
|
Career and technical education operations—FTEs |
28.0 |
|
5,398,700 |
||
|
GROSS
APPROPRIATION |
|
$ |
5,398,700 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
4,024,200 |
||
|
State general fund/general
purpose |
|
$ |
1,374,500 |
||
|
|
|
|
|
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Sec. 116. LIBRARY OF MICHIGAN |
|
|
|
||
|
Full-time equated classified positions |
33.0 |
|
|
||
|
Library of Michigan operations—FTEs |
31.0 |
|
4,956,400 |
||
|
Library services and technology program—FTE |
1.0 |
|
5,615,100 |
||
|
Michigan eLibrary—FTE |
1.0 |
|
1,729,400 |
||
|
Renaissance zone reimbursements |
|
|
2,200,000 |
||
|
State aid to libraries |
|
|
13,067,700 |
||
|
GROSS
APPROPRIATION |
|
$ |
27,568,600 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
5,615,100 |
||
|
Special revenue funds: |
|
|
|
||
|
Library fees |
|
|
300,000 |
||
|
State general
fund/general purpose |
|
$ |
21,653,500 |
||
|
Sec. 117. PARTNERSHIP DISTRICT SUPPORT |
|
|
|
||
|
Full-time equated classified positions |
13.0 |
|
|
||
|
Partnership district support operations—FTEs |
13.0 |
|
3,553,200 |
||
|
GROSS
APPROPRIATION |
|
$ |
3,553,200 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
114,500 |
||
|
State general
fund/general purpose |
|
$ |
3,438,700 |
||
|
Sec. 118. ONE-TIME APPROPRIATION |
|
|
|
||
|
Educare |
|
|
1,000,000 |
||
|
GROSS
APPROPRIATION |
|
$ |
1,000,000 |
||
|
Appropriated from: |
|
|
|
||
|
State general
fund/general purpose |
|
$ |
1,000,000 |
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under part 1 for
fiscal year 2020-2021 is $99,882,600.00 and state spending from state sources
to be paid to local units of government for fiscal year 2020-2021 is
$15,267,700.00. The itemized statement below identifies appropriations from
which spending to local units of government will occur:
|
DEPARTMENT OF
EDUCATION |
|
|
|
|
Renaissance zone reimbursements |
|
$ |
2,200,000 |
|
State aid to libraries |
|
|
13,067,700 |
|
TOTAL |
|
$ |
15,267,700 |
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 shall include transmission of
reports via electronic mail to the recipients identified for each reporting
requirement, or it shall include placement of reports on an internet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if competitively priced and
of comparable quality American goods or services, or both, are available.
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan businesses owned
and operated by veterans, if they are competitively priced and of comparable
quality.
Sec. 206. The state superintendent of public instruction
shall take all reasonable steps to ensure businesses in deprived and depressed
communities compete for and perform contracts to provide services or supplies,
or both. The state superintendent of public instruction shall strongly
encourage firms with which the department contracts to subcontract with
certified businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department’s budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report must include the following
information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general fund/general
purpose revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded with other
revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire a person to
provide legal services that are the responsibility of the attorney general.
This prohibition does not apply to legal services for bonding activities and
for those outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of the total
general fund/general purpose appropriation lapses at the close of the prior
fiscal year. This report shall summarize the projected year-end general
fund/general purpose appropriation lapses by major departmental program or
program areas. The report shall be transmitted to the chairpersons of the
senate and house appropriations committees and the senate and house fiscal
agencies.
Sec. 210. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $5,000,000.00 for federal
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $400,000.00 for state restricted
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $250,000.00 for local contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,500,000.00 for private contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in part 1 under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable website
accessible by the public at no cost that includes, but is not limited to, all
of the following for the department:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and payment
description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the state budget
office to provide the senate and house appropriations chairs, the chairs of the
senate and house appropriations subcommittees responsible for the department
budget, and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the fiscal years ending September
30, 2020 and September 30, 2021.
Sec. 213. From the funds appropriated in part 1, the
department shall maintain, on a publicly accessible website, a department
scorecard that identifies, tracks, and regularly updates key metrics that are
used to monitor and improve the department’s performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September 30, 2021 are
estimated at $14,935,200.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $7,166,100.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$7,769,100.00.
Sec. 215. The department shall provide through the internet
the state board of education agenda and all supporting documents, and shall
notify the state budget director and the senate and house fiscal agencies that
the agenda and supporting documents are available on the internet, at the time
the agenda and supporting documents are provided to state board of education
members.
Sec. 216. (1) On a quarterly basis, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) The number of FTEs in pay status by type of staff and
civil service classification.
(b) A comparison by line item of the number of FTEs
authorized from funds appropriated in part 1 to the actual number of FTEs employed
by the department at the end of the reporting period.
(2) By April 1 of the current fiscal year and semiannually
thereafter, the department shall report to the senate and house appropriations
committees, the senate and house appropriations subcommittees on the department
budget, and the senate and house fiscal agencies the following information:
(a) Number of employees that were engaged in remote work in
2020.
(b) Number of employees authorized to work remotely and the
actual number of those working remotely in the current reporting period.
(c) Estimated net cost savings achieved by remote work.
(d) Reduced use of office space associated with remote work.
Sec. 217. The department may assist the department of health
and human services, other departments, and local school districts to secure
reimbursement for eligible services provided in Michigan schools from the
federal Medicaid program. The department may submit reports of direct expenses
related to this effort to the department of health and human services for
reimbursement.
Sec. 218. If the state administrative board, acting under
section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated
under this article, the legislature may, by a concurrent resolution adopted by
a majority of the members elected to and serving in each house, intertransfer
funds within this article for the particular department, board, commission,
officer, or institution.
Sec. 219. From the funds appropriated in part 1, the
department shall ensure that kindergarten benchmark data include a method for
information to be provided regarding a child’s participation in the great start
readiness program.
Sec. 220. The department shall post on its website a link to
the federal Institute of Education Sciences’ What Works Clearinghouse. The
department also shall work to disseminate knowledge about the What Works
Clearinghouse to districts and intermediate districts so that it may be used to
improve reading proficiency for pupils in grades K to 3.
Sec. 221. The department shall 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 responsible
for the department budget, the joint committee on administrative rules, and the
senate and house fiscal agencies.
Sec. 222. The department shall not take disciplinary action
against an employee of the department or departmental agency in the state classified
civil service because the employee communicates with a member of the
legislature or his or her staff, unless the communication is prohibited by law
and the department or departmental agency taking disciplinary action 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. 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. 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. 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 the department of health and human services and
department of licensing and regulatory affairs to coordinate with early
childhood programs and overseeing child care providers.
Sec. 228. In collaboration with the 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.
Sec. 229. The department shall not submit federal
accountability plans or request amendments to federal accountability plans
until after notification of the content to both the house and senate
appropriations committees, house and senate fiscal agencies, and the state
budget director.
Sec. 230. From the funds appropriated in part 1, the
department shall compile a report that identifies any new, or lack thereof,
mandates required of nonpublic schools. In compiling the report, the department
may consult with relevant statewide education associations in Michigan. The
report compiled by the department shall indicate the type of mandate,
including, but not limited to, student health, student or building safety,
accountability, and educational requirements, and shall indicate whether a
school has to report on the specified mandates. The report required under this
section shall be completed by April 1, 2021 and transmitted to the state budget
director, the house and senate appropriations subcommittees responsible for the
department of education, and the senate and house fiscal agencies not later
than April 15, 2021.
Sec. 231. From the funds appropriated in part 1, the
department shall collect information from all school districts, intermediate
school districts, and public school academies that have not adopted any
policies that were specified by section 12b of the child protection law, 1975
PA 238, MCL 722.632b, during the fiscal year ending September 30, 2019, or that
adopted new policies specified by section 12b of the child protection law, 1975
PA 238, MCL 722.632b, during the fiscal year ending September 30, 2020. The
information collected shall be reported to the house and senate appropriations
committees, the house and senate fiscal agencies, and the state budget office.
The report shall include a list of each school district, intermediate school
district, and public school academy that has adopted each policy specified by
section 12b of the child protection law, 1975 PA 238, MCL 722.632b.
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. 233. (1) From the funds appropriated in part 1 for
educator excellence, $100.00 shall be used to develop and implement a training
program to provide resources and programming to pupils in grades 9 to 12
who are interested in a career in teaching and who are members of groups that
are underrepresented in the teaching profession in this state.
(2) The department shall do all of the following with respect
to the training program developed and implemented under subsection (1):
(a) Create a process for nomination and admission of pupils
to the program.
(b) Advertise the program.
(c) Invite postsecondary institutions in this state that
operate a teacher preparation program to participate in the training program.
(d) Connect pupils participating in the program to
representatives of teacher preparation programs at postsecondary institutions
in this state.
(e) At least once, conduct conferences for pupils
participating in the program in locations that are geographically convenient
for the majority of pupils attending each conference.
(f) Provide all available research and resources to pupils
and postsecondary institutions participating in the training program on at
least all of the following:
(i) Successful activities and programs for recruiting
and retaining pupils who are members of groups that are underrepresented in the
teaching profession for participation in postsecondary teacher preparation
programs.
(ii) Teacher certification.
(iii) Employment as a teacher.
Sec. 234. (1)
The department shall conduct a study regarding the issues of school enrollment,
performance, and outcomes related to college acceleration programs, including,
but not limited to, international baccalaureate, advanced placement, dual or
concurrent enrollment, early or middle college high schools, and career and
technical education. The study shall include, but is not limited to, all of the
following:
(a) The number
of students participating in each type of college acceleration program by
subgroup and by course subject.
(b) The number
of higher education credits associated with these programs earned in each type
of college acceleration program in a high school setting.
(c) To the
extent practicable, the number of credits successfully transferred into
Michigan higher education institutions.
(d) The degree
attainment status of students and time-to-degree for students participating in
each college acceleration program.
(e) The
percentage of incomplete credits or courses for each college acceleration
program.
(2) The study
described in subsection (1) shall be completed by the department not later than
May 1, 2021. The department shall provide the study described in subsection (1)
to the state budget director, the house and senate subcommittees that oversee
the department of education, and the house and senate fiscal agencies by May 1,
2021.
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 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.
Sec. 351. From
the funds appropriated in part 1 for special education operations,
$1,500,000.00 is allocated to an association for administrators of special
education services to develop content for use by special education students,
teachers, and others. Any content that is developed shall be accessible
throughout the state of Michigan. The funds may be used to support the
development of assessment tools to measure the needs of students with special
education needs in remote learning environments and the effectiveness of
various educational methods and tools, in collaboration with the department.
Funds are available to identify any available federal funds for research
related to special education in remote learning.
MICHIGAN SCHOOLS FOR THE DEAF AND
BLIND
Sec. 401. The
employees at the Michigan Schools for the Deaf and Blind who work on a
school-year basis are considered annual employees for purposes of service
credits, retirement, and insurance benefits.
Sec. 402. For
each student enrolled at the Michigan Schools for the Deaf and Blind, the
department shall assess the intermediate school district of residence 100% of
the cost of operating the student’s instructional program. The amount shall
exclude room and board related costs and the cost of weekend transportation
between the school and the student’s home.
Sec. 406. (1)
The Michigan Schools for the Deaf and Blind may promote its residential program
as a possible appropriate option for children who are deaf or hard of hearing
or who are blind or visually impaired. The Michigan Schools for the Deaf and
Blind shall distribute information detailing its services to all intermediate
school districts in 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 his or her
child’s individualized education program team’s decision on the child’s
educational placement, a state administrative law judge shall consider
designating the 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.
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. 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. 506.
Revenue received from teacher testing fees that is unexpended at the end of the
current fiscal year may be carried over to the succeeding fiscal year and shall
not revert to the general fund.
Sec. 507. From
the funds appropriated in part 1, the department shall adopt a teacher
certification test that ensures that all newly certified elementary teachers
have the skills to deliver evidence-based literacy instruction. The department
may use teacher certification or teacher testing fee revenue to the extent
allowable under law to implement this section, or may pass along increased
testing fees to teachers as allowable and appropriate.
SCHOOL SUPPORT SERVICES
Sec. 601. From
the funds appropriated in part 1 for adolescent and school health, there is
appropriated $322,900.00 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.
EDUCATIONAL SUPPORTS
Sec. 701. (1)
From the funds appropriated in part 1 for educational supports, the department
shall produce a report detailing the progress made by districts with grades K
to 12 receiving at-risk funding under section 31a of the state school aid
act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered systems of
supports in the prior school fiscal year for grades K to 12, and in providing
reading intervention services described in section 1280f of the revised school
code, 1976 PA 451, MCL 380.1280f, for pupils in grades K to 12.
(2) The report
described in subsection (1) shall include, at a minimum:
(a) A
description of the training, coaching, and technical assistance offered by the
department to districts to support the implementation of effective multitiered
systems of supports and reading intervention programs.
(b) A list of
districts determined by the department to have successfully implemented multitiered
systems of supports and reading intervention programs.
(c) A list of
best practices that the department has identified that may be used by districts
to implement multitiered systems of supports and reading intervention programs.
(d) Other
information the department determines would be useful to understanding the
status of districts’ implementation of effective multitiered systems of
supports and reading intervention programs.
(3) The
department shall provide the report described in subsection (1) to the state
budget director, the house and senate subcommittees that oversee the department
of education and school aid budgets, and the house and senate fiscal agencies
by September 30, 2021.
Sec. 702. From
the funds appropriated in part 1, there is appropriated an amount not to exceed
$1,000,000.00 for implementation costs associated with programs for early
childhood literacy funded under section 35a of the state school aid act of
1979, 1979 PA 94, MCL 388.1635a.
LIBRARY OF MICHIGAN
Sec. 801. (1)
The funds appropriated in part 1 for library fees are appropriated from money
collected by the Library of Michigan for providing qualified services and may
be used for any expenses necessary to provide the qualified services. Any money
that is unexpended at the end of the current fiscal year may be carried forward
into the succeeding fiscal year.
(2) As used in this section, “qualified services” means
document reproduction and services; conducting conferences, workshops, and
training classes; and providing specialized equipment, facilities, and
software.
Sec. 804. (1) The funds appropriated in part 1 for
renaissance zone reimbursements shall be used to reimburse public libraries
under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL
125.2692, for taxes levied in 2020. The allocations shall be made not later
than 60 days after the department of treasury certifies to the department and
to the state budget director that the department of treasury has received all
necessary information to properly determine the amounts due to each eligible
recipient.
(2) If the amount appropriated under this section is not
sufficient to fully pay obligations under this section, payments shall be
prorated on an equal basis among all eligible public libraries.
MICHIGAN OFFICE OF
GREAT START
Sec. 1002. The department shall ensure that the final child
development and care provider reimbursement rates are published on the
department and Great Start to Quality webpages.
Sec. 1003. (1) From the funds appropriated in part 1 for child
development and care contracted service, the department shall provide the house
and senate appropriations subcommittees on the department budget with an annual
report on all funding appropriated to contracts for the early childhood
comprehensive systems planning by this state during the previous fiscal year.
The report is due by February 15 and must contain at least the following
information:
(a) Total funding appropriated to contracts for the early
childhood comprehensive systems planning by the state during the previous
fiscal year.
(b) The amount of funding for each grant awarded.
(c) The grant recipients.
(d) The activities funded by each grant.
(e) An analysis of each grant recipient’s success in
addressing the development of a comprehensive system of early childhood
services and supports.
(2) All department contracts for early childhood
comprehensive systems planning shall be bid out through a statewide
request-for-proposal process.
Sec. 1004. From the funds appropriated in part 1 for the
T.E.A.C.H. Early Childhood Michigan Scholarship Program, the department shall
ensure that $5,000,000.00 is appropriated to the T.E.A.C.H. Early Childhood
Michigan Scholarship Program. The program shall give preference to the
following providers:
(a) Providers that currently have a great start to quality star
rating or are in the process to receive a star rating.
(b) Providers that are seeking to increase their great start
to quality star rating and are only restricted from receiving the increased
rating because they lack employees with the proper education level.
Sec. 1007. (1) From the funds appropriated in part 1 for
child development and care – external support, the department shall create
progress reports that shall include, but are not limited to, the following:
(a) Both the on-site and off-site activities that are
intended to improve child care provider quality and the number of times those
activities are performed by the licensing consultants.
(b) How many on-site visits a single licensing consultant has
made since the start of the current fiscal year.
(c) The types of on-site visits and the number of visits for
each type that a single consultant has made since the start of the current
fiscal year.
(d) The number of providers that have improved their quality
rating since the start of the current fiscal year compared to the same time
period in the preceding fiscal year, reported as the number of providers in
each regional prosperity zone.
(e) The types of activities that are intended to improve
licensing consultant performance and child care provider quality and the number
of times those activities are performed by the managers and administrators.
(2) The progress reports shall be sent to the state budget
director, the house and senate subcommittees that oversee the department of
education, and the house and senate fiscal agencies by April 1, 2021 and
September 30, 2021.
Sec. 1008. From the amount appropriated in part 1 for office
of great start operations, the department shall ensure efficient service
provisions to coordinate services provided to families for home visits, reduce
duplication of state services and spending, and increase efficiencies including
the home visits funded under section 32p of the state school aid act of 1979,
1979 PA 94, MCL 388.1632p, and work with the department of health and human
services as necessary.
Sec. 1009. From the funds appropriated in part 1 for child
development and care public assistance, the income entrance eligibility
threshold for the child development and care program is set to 130% of the
federal poverty guidelines from October 1 to December 31 of the fiscal year.
From January 1 to September 30 of the fiscal year, the income entrance
eligibility threshold for the child development and care program is set to 150%
of the federal poverty guidelines.
Sec. 1010. Within 10 days of the receipt of changes to the
federal child care and development program, the department shall notify the
house and senate chairpersons of the appropriations subcommittees responsible
for the department budget, the house and senate fiscal agencies, and the state
budget director. The notification shall include, but is not limited to:
(a) Changes to the federal matching award amount, including
the amount of state resources necessary to draw down the total matching award.
(b) Changes to the amount of child care and development block
grant that is awarded to this state.
(c) Any significant changes to the federal requirements on
the child development and care program, indicating any new requirements that
would require the appropriation of additional dollars.
Sec. 1011. (1) From the funds appropriated in part 1 for
child development and care public assistance, the department shall implement a
biweekly block reimbursement rate schedule through the following block
segments:
(a) The block segment for a biweekly block reimbursement rate
schedule for child care centers, group homes, and registered family homes, for
paid part-time plus hours between 1 to 30 hours, shall be reimbursed at the
hourly reimbursement rate.
(b) The block segment for a biweekly block reimbursement rate
schedule for child care centers, group homes, and registered family homes, for
paid part-time plus hours between 31 to 60 hours, shall be reimbursed as 60
hours.
(c) The block segment for a biweekly block reimbursement rate
schedule for child care centers, group homes, and registered family homes, for
paid full-time plus hours between 61 to 80 hours, shall be reimbursed as 80
hours.
(d) The block segment for a biweekly block reimbursement rate
schedule for child care centers, group homes, and registered family homes, for
paid full-time plus hours between 81 to 90 hours, shall be reimbursed as 90
hours.
(e) The block segment for a biweekly block reimbursement rate
schedule for license exempt providers shall be reimbursed at their current hourly
reimbursement rates.
ONE-TIME
APPROPRIATIONS
Sec. 1101. From the funds appropriated in part 1 for Educare,
$1,000,000.00 shall be awarded by the department to an early childhood
collaborative that serves students located in a county with a population of not
less than 400,000 or more than 500,000 according to the most recent federal
decennial census. The funds shall be used to continue the expansion of early
childhood services because of a drinking water declaration of emergency.
ARTICLE 4
DEPARTMENT OF ENVIRONMENT, GREAT
LAKES, AND ENERGY
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of
environment, Great Lakes, and energy for the fiscal year ending September 30, 2021,
from the following funds:
|
DEPARTMENT OF ENVIRONMENT, GREAT
LAKES, AND ENERGY |
|
|
|
||
|
APPROPRIATION SUMMARY |
|
|
|
||
|
Full-time equated
unclassified positions |
6.0 |
|
|
||
|
Full-time equated
classified positions |
1,418.0 |
|
|
||
|
GROSS APPROPRIATION |
|
$ |
511,359,200 |
||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
3,337,700 |
||
|
ADJUSTED GROSS APPROPRIATIONS |
|
$ |
508,021,500 |
||
|
Federal revenues: |
|
|
|
||
|
Total federal
revenues |
|
|
171,973,000 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total local
revenues |
|
|
0 |
||
|
Total private revenues |
|
|
1,412,800 |
||
|
Total other state
restricted revenues |
|
|
275,191,800 |
||
|
State general fund/general purpose |
|
$ |
59,443,900 |
||
|
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
||
|
Full-time equated
unclassified positions |
6.0 |
|
|
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Full-time equated
classified positions |
106.0 |
|
|
||
|
Unclassified
salaries—FTE positions |
6.0 |
$ |
828,600 |
||
|
Accounting
service center |
|
|
1,470,100 |
||
|
Administrative
hearings officers |
|
|
913,800 |
||
|
Environmental
investigations—FTEs |
12.0 |
|
2,554,900 |
||
|
Environmental
support—FTEs |
56.0 |
|
8,421,200 |
||
|
Environmental
support projects |
|
|
5,000,000 |
||
|
Executive
direction—FTEs |
14.0 |
|
2,385,000 |
||
|
Facilities
management |
|
|
1,000,000 |
||
|
Financial support—FTEs |
24.0 |
|
3,489,500 |
||
|
Property
management |
|
|
8,557,900 |
||
|
GROSS APPROPRIATION |
|
$ |
34,621,000 |
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from
department of state police |
|
|
86,900 |
||
|
IDG from state
transportation department |
|
|
122,100 |
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
604,700 |
||
|
Special revenue
funds: |
|
|
|
||
|
Private funds |
|
|
750,500 |
||
|
Air emissions
fees |
|
|
986,700 |
||
|
Aquatic nuisance
control fund |
|
|
87,500 |
||
|
Campground fund |
|
|
29,100 |
||
|
Cleanup and
redevelopment fund |
|
|
2,206,600 |
||
|
Electronic waste
recycling fund |
|
|
42,400 |
||
|
Environmental education
fund |
|
|
196,300 |
||
|
Environmental
pollution prevention fund |
|
|
587,400 |
||
|
Fees and
collections |
|
|
25,000 |
||
|
Financial
instruments |
|
|
8,814,300 |
||
|
Great Lakes protection
fund |
|
|
47,900 |
||
|
Groundwater
discharge permit fees |
|
|
143,500 |
||
|
Infrastructure construction
fund |
|
|
5,300 |
||
|
Laboratory
services fees |
|
|
579,000 |
||
|
Land and water
permit fees |
|
|
224,000 |
||
|
Medical waste
emergency response fund |
|
|
42,400 |
||
|
Metallic mining
surveillance fee revenue |
|
|
10,500 |
||
|
Mineral well
regulatory fee revenue |
|
|
10,500 |
||
|
Nonferrous
metallic mineral surveillance |
|
|
50,700 |
||
|
NPDES fees |
|
|
408,000 |
||
|
Oil and gas
regulatory fund |
|
|
829,200 |
||
|
Orphan well fund |
|
|
98,200 |
||
|
Public swimming
pool fund |
|
|
58,500 |
||
|
Public utility
assessments |
|
|
685,700 |
||
|
Public water
supply fees |
|
|
430,300 |
||
|
Refined petroleum
fund |
|
|
3,554,200 |
||
|
Renew Michigan
fund |
|
|
3,090,300 |
||
|
Sand extraction
fee revenue |
|
|
10,500 |
||
|
Scrap tire
regulatory fund |
|
|
235,000 |
||
|
Septage waste
program fund |
|
|
47,900 |
||
|
Sewage sludge
land application fee |
|
|
79,700 |
||
|
Soil erosion and sedimentation
control training fund |
|
|
13,400 |
||
|
Solid waste
management fund - staff account |
|
|
1,135,500 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Stormwater permit
fees |
|
|
204,300 |
||
|
Strategic water
quality initiatives fund |
|
|
114,400 |
||
|
Underground
storage tank cleanup fund |
|
|
270,900 |
||
|
Wastewater
operator training fees |
|
|
50,600 |
||
|
Water pollution
control revolving fund |
|
|
60,900 |
||
|
Water use
reporting fees |
|
|
23,800 |
||
|
State general fund/general purpose |
|
$ |
7,566,400 |
||
|
Sec. 103. OFFICE OF THE GREAT LAKES |
|
|
|
||
|
Full-time equated
classified positions |
15.0 |
|
|
||
|
Great Lakes
restoration initiative—FTEs |
9.0 |
$ |
2,598,800 |
||
|
Office of the
Great Lakes—FTEs |
6.0 |
|
825,300 |
||
|
GROSS APPROPRIATION |
|
$ |
3,424,100 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
2,624,800 |
||
|
Special revenue
funds: |
|
|
|
||
|
Great Lakes
protection fund |
|
|
506,100 |
||
|
State general fund/general purpose |
|
$ |
293,200 |
||
|
Sec. 104. WATER RESOURCES DIVISION |
|
|
|
||
|
Full-time equated
classified positions |
321.0 |
|
|
||
|
Aquatic nuisance control
program—FTEs |
6.0 |
$ |
963,300 |
||
|
Coastal
management grants—FTEs |
7.0 |
|
2,518,500 |
||
|
Expedited
water/wastewater permits—FTE |
1.0 |
|
51,400 |
||
|
Federal - Great
Lakes remedial action plan grants |
|
|
583,800 |
||
|
Federal -
nonpoint source water pollution grants |
|
|
4,083,300 |
||
|
Fish contaminant
monitoring |
|
|
316,100 |
||
|
Great Lakes
restoration initiative |
|
|
3,608,200 |
||
|
Groundwater
discharge permit program—FTEs |
22.0 |
|
3,361,700 |
||
|
Land and water
interface permit programs—FTEs |
84.0 |
|
12,649,600 |
||
|
Nonpoint source
pollution prevention and control project program |
|
|
2,000,000 |
||
|
NPDES
nonstormwater program—FTEs |
83.0 |
|
13,685,200 |
||
|
Program direction
and project assistance—FTEs |
27.0 |
|
3,256,700 |
||
|
Sewage sludge
land application program—FTEs |
7.0 |
|
895,300 |
||
|
Stormwater
activities—FTEs |
27.5 |
|
5,327,200 |
||
|
Surface water—FTEs |
51.5 |
|
8,685,000 |
||
|
Technology
advancements for water monitoring |
|
|
500,000 |
||
|
Water quality
protection grants |
|
|
100,000 |
||
|
Water withdrawal
assessment program—FTEs |
5.0 |
|
847,500 |
||
|
Wetlands program |
|
|
1,000,000 |
||
|
GROSS APPROPRIATION |
|
$ |
64,432,800 |
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from state
transportation department |
|
|
1,338,700 |
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
26,710,300 |
||
|
Special revenue
funds: |
|
|
|
||
|
Aquatic nuisance
control fund |
|
|
963,300 |
||
|
Clean Michigan
initiative fund - clean water fund |
|
|
2,617,100 |
||
|
Clean Michigan
initiative fund - nonpoint source |
|
|
2,000,000 |
||
|
Environmental
response fund |
|
|
579,800 |
||
|
Groundwater
discharge permit fees |
|
|
1,498,500 |
||
|
Infrastructure construction
fund |
|
|
51,400 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Land and water
permit fees |
|
|
2,410,300 |
||
|
NPDES fees |
|
|
4,305,100 |
||
|
Refined petroleum
fund |
|
|
452,000 |
||
|
Sewage sludge
land application fee |
|
|
897,100 |
||
|
Soil erosion and sedimentation
control training fund |
|
|
143,200 |
||
|
Stormwater permit
fees |
|
|
2,268,100 |
||
|
Wastewater
operator training fees |
|
|
304,800 |
||
|
Water pollution
control revolving fund |
|
|
146,800 |
||
|
Water quality
protection fund |
|
|
100,000 |
||
|
Water use
reporting fees |
|
|
257,300 |
||
|
State general fund/general purpose |
|
$ |
17,389,000 |
||
|
Sec. 105. AIR QUALITY DIVISION |
|
|
|
||
|
Full-time equated
classified positions |
187.0 |
|
|
||
|
Air quality
programs—FTEs |
187.0 |
$ |
30,534,800 |
||
|
GROSS APPROPRIATION |
|
$ |
30,534,800 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
7,531,200 |
||
|
Special revenue
funds: |
|
|
|
||
|
Air emissions
fees |
|
|
10,561,800 |
||
|
Fees and
collections |
|
|
213,400 |
||
|
Oil and gas
regulatory fund |
|
|
147,600 |
||
|
Public utility
assessments |
|
|
150,000 |
||
|
Refined petroleum
fund |
|
|
3,781,500 |
||
|
State general fund/general purpose |
|
$ |
8,149,300 |
||
|
Sec. 106. REMEDIATION AND REDEVELOPMENT DIVISION |
|
|
|
||
|
Full-time equated
classified positions |
308.0 |
|
|
||
|
Contaminated site
investigations, cleanup and revitalization—FTEs |
130.0 |
$ |
19,167,200 |
||
|
Emergency cleanup
actions |
|
|
2,000,000 |
||
|
Environmental
cleanup support |
|
|
1,000,000 |
||
|
Federal cleanup
project management—FTEs |
40.0 |
|
7,292,500 |
||
|
Laboratory
services—FTEs |
39.0 |
|
6,995,400 |
||
|
Refined petroleum
product cleanup program—FTEs |
99.0 |
|
35,191,200 |
||
|
Superfund cleanup |
|
|
1,000,000 |
||
|
GROSS APPROPRIATION |
|
$ |
72,646,300 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
6,558,000 |
||
|
Special revenue
funds: |
|
|
|
||
|
Cleanup and
redevelopment fund |
|
|
24,280,500 |
||
|
Environmental
response fund |
|
|
1,442,100 |
||
|
Laboratory
services fees |
|
|
6,670,900 |
||
|
Public water
supply fees |
|
|
324,500 |
||
|
Refined petroleum
fund |
|
|
33,075,700 |
||
|
State general fund/general purpose |
|
$ |
294,600 |
||
|
Sec. 107. UNDERGROUND STORAGE TANK AUTHORITY |
|
|
|
||
|
Full-time equated
classified positions |
5.0 |
|
|
||
|
Underground
storage tank cleanup program—FTEs |
5.0 |
$ |
20,076,200 |
||
|
GROSS APPROPRIATION |
|
$ |
20,076,200 |
||
|
Appropriated
from: |
|
|
|
||
|
Special revenue
funds: |
|
|
|
||
|
Underground
storage tank cleanup fund |
|
|
20,076,200 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
State general fund/general purpose |
|
$ |
0 |
||
|
Sec. 108. RENEWING MICHIGAN’S ENVIRONMENT |
|
|
|
||
|
Full-time equated
classified positions |
133.0 |
|
|
||
|
Mapping and other
support—FTEs |
5.0 |
$ |
4,000,000 |
||
|
Renewing Michigan’s
environment program—FTEs |
128.0 |
|
70,060,200 |
||
|
GROSS APPROPRIATION |
|
$ |
74,060,200 |
||
|
Appropriated
from: |
|
|
|
||
|
Special revenue
funds: |
|
|
|
||
|
Renew Michigan
fund |
|
|
70,060,200 |
||
|
State general fund/general purpose |
|
$ |
4,000,000 |
||
|
Sec. 109. INFORMATION TECHNOLOGY |
|
|
|
||
|
Information
technology services and projects |
|
$ |
9,614,300 |
||
|
GROSS APPROPRIATION |
|
$ |
9,614,300 |
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from
department of state police |
|
|
25,600 |
||
|
IDG from state
transportation department |
|
|
36,800 |
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
1,838,700 |
||
|
Special revenue
funds: |
|
|
|
||
|
Private funds |
|
|
15,200 |
||
|
Air emissions
fees |
|
|
292,000 |
||
|
Aquatic nuisance
control fund |
|
|
26,400 |
||
|
Campground fund |
|
|
8,800 |
||
|
Cleanup and
redevelopment fund |
|
|
654,500 |
||
|
Electronic waste
recycling fund |
|
|
12,800 |
||
|
Environmental
education fund |
|
|
4,800 |
||
|
Environmental
pollution prevention fund |
|
|
167,200 |
||
|
Fees and
collections |
|
|
6,400 |
||
|
Financial
instruments |
|
|
1,136,100 |
||
|
Great Lakes
protection fund |
|
|
14,400 |
||
|
Groundwater discharge
permit fees |
|
|
41,600 |
||
|
Infrastructure
construction fund |
|
|
1,600 |
||
|
Laboratory
services fees |
|
|
173,600 |
||
|
Land and water
permit fees |
|
|
66,400 |
||
|
Medical waste
emergency response fund |
|
|
12,800 |
||
|
Metallic mining
surveillance fee revenue |
|
|
3,200 |
||
|
Mineral well
regulatory fee revenue |
|
|
3,200 |
||
|
Nonferrous
metallic mineral surveillance |
|
|
15,200 |
||
|
NPDES fees |
|
|
122,400 |
||
|
Oil and gas
regulatory fund |
|
|
246,400 |
||
|
Orphan well fund |
|
|
29,600 |
||
|
Public swimming
pool fund |
|
|
17,600 |
||
|
Public utility assessments |
|
|
12,800 |
||
|
Public water
supply fees |
|
|
129,600 |
||
|
Refined petroleum
fund |
|
|
1,062,500 |
||
|
Renew Michigan
fund |
|
|
922,500 |
||
|
Sand extraction
fee revenue |
|
|
3,200 |
||
|
Scrap tire
regulatory fund |
|
|
70,400 |
||
|
Septage waste
program fund |
|
|
14,400 |
||
|
Sewage sludge land
application fee |
|
|
24,000 |
||
|
Soil erosion and
sedimentation control training fund |
|
|
4,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Solid waste
management fund - staff account |
|
|
340,800 |
||
|
Stormwater permit
fees |
|
|
61,600 |
||
|
Strategic water quality
initiatives fund |
|
|
34,400 |
||
|
Underground
storage tank cleanup fund |
|
|
81,600 |
||
|
Wastewater
operator training fees |
|
|
15,200 |
||
|
Water pollution
control revolving fund |
|
|
18,400 |
||
|
Water use
reporting fees |
|
|
7,200 |
||
|
State general fund/general purpose |
|
$ |
1,838,400 |
||
|
Sec. 110. CLIMATE AND ENERGY |
|
|
|
||
|
Full-time equated
classified positions |
3.0 |
|
|
||
|
Office of climate
and energy—FTEs |
3.0 |
$ |
263,800 |
||
|
GROSS APPROPRIATION |
|
$ |
263,800 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
49,700 |
||
|
Special revenue
funds: |
|
|
|
||
|
Public utility
assessments |
|
|
39,700 |
||
|
State general fund/general purpose |
|
$ |
174,400 |
||
|
Sec. 111. DRINKING WATER AND ENVIRONMENTAL HEALTH |
|
|
|
||
|
Full-time equated
classified positions |
125.0 |
|
|
||
|
Drinking water—FTEs |
68.0 |
$ |
11,962,700 |
||
|
Drinking water
program grants |
|
|
830,000 |
||
|
Environmental
health—FTEs |
57.0 |
|
7,228,500 |
||
|
Noncommunity
water grants |
|
|
1,905,700 |
||
|
Septage waste
compliance grants |
|
|
275,000 |
||
|
GROSS APPROPRIATION |
|
$ |
22,201,900 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
10,602,600 |
||
|
Special revenue
funds: |
|
|
|
||
|
Campground fund |
|
|
310,200 |
||
|
Fees and
collections |
|
|
34,500 |
||
|
Public swimming
pool fund |
|
|
640,300 |
||
|
Public water
supply fees |
|
|
4,337,700 |
||
|
Refined petroleum
fund |
|
|
742,800 |
||
|
Septage waste
program fund |
|
|
501,900 |
||
|
Wastewater
operator training fees |
|
|
264,800 |
||
|
State general fund/general purpose |
|
$ |
4,767,100 |
||
|
Sec. 112. MATERIALS MANAGEMENT DIVISION |
|
|
|
||
|
Full-time equated
classified positions |
129.0 |
|
|
||
|
Environmental
sustainability and stewardship—FTEs |
11.0 |
$ |
11,231,000 |
||
|
Hazardous waste
management program—FTEs |
45.0 |
|
5,851,200 |
||
|
Low-level
radioactive waste authority—FTEs |
2.0 |
|
246,200 |
||
|
Medical waste
program—FTEs |
2.0 |
|
321,200 |
||
|
Pollution
prevention—FTEs |
7.0 |
|
2,316,700 |
||
|
Radiological protection
program—FTEs |
12.0 |
|
2,042,900 |
||
|
Recycling
initiative—FTEs |
3.0 |
|
1,026,000 |
||
|
Scrap tire grants |
|
|
6,500,000 |
||
|
Scrap tire
regulatory program—FTEs |
10.0 |
|
1,374,300 |
||
|
Solid waste
management program—FTEs |
37.0 |
|
6,674,200 |
||
|
GROSS APPROPRIATION |
|
$ |
37,583,700 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from
department of state police |
|
|
1,727,600 |
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
12,162,800 |
||
|
Special revenue
funds: |
|
|
|
||
|
Private funds |
|
|
647,100 |
||
|
Cleanup and redevelopment
fund |
|
|
1,026,000 |
||
|
Coal ash care
fund |
|
|
260,000 |
||
|
Community
pollution prevention fund |
|
|
250,000 |
||
|
Electronic waste
recycling fund |
|
|
321,100 |
||
|
Energy efficiency
and renewable energy revolving loan fund |
|
|
250,000 |
||
|
Environmental
pollution prevention fund |
|
|
3,989,100 |
||
|
Medical waste
emergency response fund |
|
|
321,200 |
||
|
Public utility
assessments |
|
|
1,785,800 |
||
|
Retired engineers
technical assistance program fund |
|
|
491,200 |
||
|
Scrap tire
regulatory fund |
|
|
7,874,300 |
||
|
Small business
pollution prevention revolving loan fund |
|
|
134,400 |
||
|
Solid waste
management fund - staff account |
|
|
6,093,100 |
||
|
Technologically
enhanced naturally occurring radioactive material |
|
|
250,000 |
||
|
State general fund/general purpose |
|
$ |
0 |
||
|
Sec. 113. OIL, GAS, AND MINERALS DIVISION |
|
|
|
||
|
Full-time equated
classified positions |
57.0 |
|
|
||
|
Oil, gas, and
mineral services—FTEs |
57.0 |
$ |
11,312,600 |
||
|
GROSS APPROPRIATION |
|
$ |
11,312,600 |
||
|
Appropriated
from: |
|
|
|
||
|
Special revenue
funds: |
|
|
|
||
|
Metallic mining
surveillance fee revenue |
|
|
92,500 |
||
|
Mineral well
regulatory fee revenue |
|
|
208,000 |
||
|
Native copper mine
fund |
|
|
50,000 |
||
|
Nonferrous
metallic mineral surveillance |
|
|
371,800 |
||
|
Oil and gas
regulatory fund |
|
|
3,758,200 |
||
|
Orphan well fund |
|
|
2,334,800 |
||
|
Sand extraction
fee revenue |
|
|
85,800 |
||
|
State general fund/general purpose |
|
$ |
4,411,500 |
||
|
Sec. 114. WATER INFRASTRUCTURE |
|
|
|
||
|
Full-time equated
classified positions |
29.0 |
|
|
||
|
Municipal
assistance—FTEs |
29.0 |
$ |
5,027,500 |
||
|
Water state
revolving funds |
|
|
120,000,000 |
||
|
GROSS APPROPRIATION |
|
$ |
125,027,500 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Federal funds |
|
|
103,290,200 |
||
|
Special revenue
funds: |
|
|
|
||
|
Revolving loan
revenue bonds |
|
|
15,000,000 |
||
|
Strategic water
quality initiatives fund |
|
|
1,224,400 |
||
|
Water pollution
control revolving fund |
|
|
512,900 |
||
|
State general fund/general purpose |
|
$ |
5,000,000 |
||
|
Sec. 115. ONE-TIME APPROPRIATIONS |
|
|
|
||
|
Blanchard Dam
bond inspection and repair needs study |
|
$ |
10,000 |
||
|
Cooperative lakes
monitoring program |
|
|
150,000 |
||
|
Environmental
cleanup project (one-time) |
|
|
600,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Lead and copper
rule support |
|
|
2,750,000 |
||
|
Michigan
geological survey |
|
|
500,000 |
||
|
Multistate
aquifer study |
|
|
500,000 |
||
|
Water treatment
plant project |
|
|
450,000 |
||
|
Watershed council
grants |
|
|
600,000 |
||
|
GROSS APPROPRIATION |
|
$ |
5,560,000 |
||
|
Appropriated
from: |
|
|
|
||
|
Special revenue
funds: |
|
|
|
||
|
State general fund/general purpose |
|
$ |
5,560,000 |
part 2
provisions concerning appropriations
for fiscal year
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under part 1 for
fiscal year 2020-2021 is $334,635,700.00 and state spending from state sources
to be paid to local units of government for fiscal year 2020-2021 is
$44,000,600.00. The itemized statement below identifies appropriations from
which spending to local units of government will occur:
|
DEPARTMENT OF
ENVIRONMENT, GREAT LAKES, AND ENERGY |
|
|
|
|
Drinking water program grants |
|
$ |
600,000 |
|
Emergency cleanup actions |
|
|
116,000 |
|
Environmental cleanup project (one-time) |
|
|
600,000 |
|
Lead and copper rule support |
|
|
2,750,000 |
|
Medical waste program |
|
|
70,000 |
|
Noncommunity water grants |
|
|
1,866,600 |
|
Pollution prevention |
|
|
250,000 |
|
Recycling initiative |
|
$ |
500,000 |
|
Refined petroleum product cleanup program |
|
|
5,000,000 |
|
Renewing Michigan’s environment |
|
|
25,000,000 |
|
Scrap tire grants |
|
$ |
6,000,000 |
|
Septage waste compliance grants |
|
|
138,000 |
|
Surface water |
|
|
160,000 |
|
Technology advancements for water monitoring |
|
|
500,000 |
|
Water treatment plant project |
|
|
450,000 |
|
TOTAL |
|
$ |
44,000,600 |
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) “Department” means the department of environment, Great
Lakes, and energy.
(b) “Director” means the director of the department.
(c) “
(d) “
(e) “NPDES” means national pollution discharge elimination
system.
Sec. 204. The department shall use the internet to fulfill
the reporting requirements of this part. This requirement shall include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement and it shall include placement of reports on an
internet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if competitively priced and
of comparable quality American goods or services, or both, are available.
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan businesses
owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 206. The
department shall not take disciplinary action against an employee of the
department or departmental agency in the state classified civil service because
the employee communicates with a member of the senate or house or a member’s
staff, unless the communication is prohibited by law and the department or
agency taking disciplinary action is exercising its authority as provided by
law.
Sec. 207. The
department shall prepare a report on out-of-state travel expenses not later
than January 1 of each year. The travel report shall be a listing of all travel
by classified and unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with funds
appropriated in the department’s budget. The report shall be submitted to the
senate and house appropriations committees, the senate and house fiscal
agencies, and the state budget office. The report shall include the following
information:
(a) The dates
of each travel occurrence.
(b) The total
transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec. 208.
Funds appropriated in part 1 shall not be used by the department to hire a
person to provide legal services that are the responsibility of the attorney
general. This prohibition does not apply to legal services for bonding
activities and for those outside services that the attorney general authorizes.
Sec. 209. Not
later than November 30, the state budget office shall prepare and transmit a
report that provides for estimates of the total general fund/general purpose
appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house appropriations
committees and the senate and house fiscal agencies.
Sec. 210. In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $3,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 211. The
department shall cooperate with the department of technology, management, and
budget to maintain a searchable website accessible by the public at no cost
that includes, but is not limited to, all of the following for the department:
(a) Fiscal
year-to-date expenditures by category.
(b) Fiscal
year-to-date expenditures by appropriation unit.
(c) Fiscal
year-to-date payments to a selected vendor, including the vendor name, payment
date, payment amount, and payment description.
(d) The number
of active department employees by job classification.
(e) Job
specifications and wage rates.
Sec. 212.
Within 14 days after the release of the executive budget recommendation, the
department shall cooperate with the state budget office to provide the
chairpersons of the senate and house appropriations committees, the
chairpersons of the senate and house appropriations subcommittees on natural
resources and environmental quality, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the prior 2 fiscal years.
Sec. 213. The
department shall maintain, on a publicly accessible website, a department
scorecard that identifies, tracks, and regularly updates key metrics that are
used to monitor and improve the department’s performance.
Sec. 214.
Total authorized appropriations from all sources under part 1 for legacy costs
for the fiscal year ending September 30, 2021 are estimated at $38,906,900.00.
From this amount, total department appropriations for pension-related legacy
costs are estimated at $18,668,000.00. Total department appropriations for
retiree health care legacy costs are estimated at $20,238,900.00.
Sec. 215. To
the extent permissible under the management and budget act, the director shall
take all reasonable steps to ensure businesses in deprived and depressed
communities compete for and perform contracts to provide services or supplies,
or both. The director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and deprived
communities for services, supplies, or both.
Sec. 216. (1)
On a quarterly basis, the department shall report to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
the department budget, and the senate and house fiscal agencies the following
information:
(a) The number
of FTEs in pay status by type of staff and civil service classification.
(b) A
comparison by line item of the number of FTEs authorized from funds
appropriated in part 1 to the actual number of FTEs employed by the department
at the end of the reporting period.
(2) By April 1
of the current fiscal year and semiannually thereafter, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) Number of
employees that were engaged in remote work in 2020.
(b) Number of
employees authorized to work remotely and the actual number of those working
remotely in the current reporting period.
(c) Estimated
net cost savings achieved by remote work.
(d) Reduced
use of office space associated with remote work.
Sec. 217.
Appropriations in part 1 shall, to the extent possible by the department, not
be expended until all existing work project authorization available for the
same purposes is exhausted.
Sec. 218. If
the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3,
transfers funds from an amount appropriated under this article, the legislature
may, by a concurrent resolution adopted by a majority of the members elected to
and serving in each house, intertransfer funds within this article for the
particular department, board, commission, officer, or institution.
Sec. 219. The
departments and agencies receiving appropriations in part 1 shall receive and
retain copies of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records shall be
followed. The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 220. The
department shall report no later than April 1 on each specific policy change
made to implement a public act affecting the department that took effect during
the prior calendar year to the senate and house appropriations committees, the
senate and house subcommittees on natural resources and environmental quality,
the joint committee on administrative rules, and the senate and house fiscal
agencies.
Sec. 221. (1) Funds appropriated in part 1 shall not
be used by the department to promulgate a rule that will apply to a small
business and that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the department fails to
reduce the disproportionate economic impact of the rule on small businesses as
provided under section 40 of the administrative procedures act of 1969, 1969 PA
306,
(2) As used in
this section:
(a) “Rule”
means that term as defined under section 7 of the administrative procedures act
of 1969, 1969 PA 306,
(b) “Small
business” means that term as defined under section 7a of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.207a.
Sec. 222. (1)
The department shall report all of the following information relative to
allocations made from appropriations for the environmental cleanup and
redevelopment program, state cleanups, emergency actions, superfund cleanups,
the revitalization revolving loan program, the brownfield grants and loans
program, the leaking underground storage tank cleanup program, the contaminated
lake and river sediments cleanup program, the refined petroleum product cleanup
program, and the environmental protection bond projects under section 19508(7)
of the natural resources and environmental protection act, 1994 PA 451, MCL
324.19508, to the state budget director, the senate and house appropriations
subcommittees on environmental quality, and the senate and house fiscal
agencies:
(a) The name
and location of the site for which an allocation is made.
(b) The nature
of the problem encountered at the site.
(c) A brief
description of how the problem will be resolved if the allocation is made for a
response activity.
(d) The
estimated date that site closure activities will be completed.
(e) The amount
of the allocation, or the anticipated financing for the site.
(f) A summary
of the sites and the total amount of funds expended at the sites by September
30, 2021.
(g) The number
of brownfield projects that were successfully redeveloped.
(2) The report
prepared under subsection (1) shall also include all of the following:
(a) The status
of all state-owned facilities that are on the list compiled under section 20108c
of the natural resources and environmental protection act, 1994 PA 451, MCL
324.20108c.
(b) The report
shall include the total amount of funds expended during the fiscal year and the
total amount of funds awaiting expenditure.
(c) The total
amount of bonds issued for the environmental protection bond program pursuant
to part 193 of the natural resources and environmental protection act, 1994 PA
451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report
shall be made available by March 31 of each year.
Sec. 223. (1)
The department may expend amounts remaining from the current and prior fiscal
year appropriations to meet funding needs of legislatively approved sites for
the environmental cleanup and redevelopment program, the refined petroleum
product cleanup program, brownfield grants and loans, waterfront grants, and
the environmental bond site reclamation program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund contained in 2003 PA
173, 2005 PA 109, 2006 PA 343, 2011 PA 63, and 2012 PA 236 are appropriated for
expenditure for any site listed in this part and part 1 and any site listed in
the public acts referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response activities
contained in 2000 PA 52, 2004 PA 309, 2005 PA 11, 2006 PA 343, 2007 PA 121,
2011 PA 63, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, and 2017 PA 107
are appropriated for expenditure for any site listed in this part and part 1
and any site listed in the public acts referenced in this section.
(4) Unexpended and unencumbered amounts remaining from
appropriations from the refined petroleum fund activities contained in 2007 PA
121, 2008 PA 247, 2009 PA 118, 2010 PA 189, 2011 PA 63, 2012 PA 200, 2013
PA 59, 2014 PA 252, 2015 PA 84, 2016 PA 268, 2017 PA 107, 2018 PA 207, and 2019
PA 57 are appropriated for expenditure for any site listed in this part
and part 1 and any site listed in the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from the
appropriations from the strategic water quality initiatives fund contained in
2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, 2015 PA 84, 2016
PA 268, 2017 PA 107, and 2018 PA 207 are appropriated for expenditure for any
site listed in this part and part 1 and any site listed in the public acts
referenced in this section.
Sec. 224. Unexpended settlement revenues at the end of the
fiscal year may be carried forward into the settlement fund in the succeeding
fiscal year up to a maximum carryforward of $2,500,000.00.
Sec. 235. The department shall prepare an annual report to
the legislature by March 31 that details all of the following for each of the
allocations from the clean Michigan initiative bond fund as described in
section 19607(1)(a) to (i) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19607:
(a) The progress of each project funded in each category.
(b) The current cost to date of each project funded in each
category.
(c) The estimated remaining cost of each project funded in
each category.
(d) The remaining balance of money in the fund allocated for
each category.
(e) The total debt obligation on all clean Michigan
initiative bonds and the length of time remaining until full bond repayment is
achieved.
Sec. 236. The department shall provide a report detailing the
expenditure of departmental funds appropriated in 2015 PA 143, 2016 PA 3, 2016
PA 268, and 2016 PA 340. The report shall include the following:
(a) The names and locations of entities receiving funds.
(b) The purpose for each expenditure.
(c) The status of programs supported by this funding.
(d) A brief description of how related problems have been or
will be resolved if expenditures are made for immediate response.
(e) The job titles and number of departmental FTEs engaged in
the Flint declaration of emergency response effort.
Sec. 237. From the funds appropriated in part 1, the
department shall be responsible for the necessary and reasonable attorney fees
and costs incurred by private and independent legal counsel chosen by current
and former classified and unclassified department employees in the defense of
the department employees named as a party in any state or federal lawsuits or
investigations related to the city of Flint municipal water system.
REMEDIATION AND
REDEVELOPMENT DIVISION
Sec. 301. Revenues remaining in the laboratory services fees
fund at the end of the fiscal year shall carry forward into the succeeding
fiscal year.
Sec. 305. It is the intent of the legislature to repay the
refined petroleum fund for the $70,000,000.00 that was transferred to the
environmental protection fund created in section 503a of the natural resources
and environmental protection act, 1994 PA 451,
Sec. 306. (1) The funds appropriated in part 1 for the
refined petroleum cleanup program shall be used to fund corrective actions
performed by the department pursuant to section 21320 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.21320.
(2) By January 1, the department shall provide a report to
the house and senate subcommittees on environmental quality and the state
budget director on the refined petroleum product cleanup program containing the
following information:
(a) A list of sites the department intends to work on during
the current fiscal year, including the fiscal year the project began.
(b) A list of sites at which the department performed
corrective actions during the previous fiscal year.
(c) A list of sites the department closed during the previous
fiscal year.
Sec. 308. The unexpended funds appropriated in part 1 for
emergency cleanup actions and the refined petroleum product cleanup program are
designated as work project appropriations, and any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditures for projects under this section until the projects have been
completed. The following is in compliance with section 451a of the management
and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects is to provide contaminated
site cleanup.
(b) The projects will be accomplished by utilizing contracts
with service providers.
(c) The total estimated cost of all projects is identified in
each line-item appropriation.
(d) The tentative completion date is September 30, 2025.
Sec. 310. (1) Upon approval by the state budget director, the
department may expend from the general fund of the state an amount to meet the
cash-flow requirements of projects funded under any of the following that are
financed from bond proceeds and for which bonds have been authorized but not
yet issued:
(a) Part 52 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.5201 to 324.5206.
(b) Part 193 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.19301 to 324.19306.
(c) Part 196 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.19601 to 324.19616.
(2) Upon the sale of bonds for projects described in
subsection (1), the department shall credit the general fund of the state an
amount equal to that expended from the general fund.
WATER RESOURCES
DIVISION
Sec. 401. From the funds appropriated in part 1 for land and
water interface permit programs, not less than $350,000.00 and not fewer than
2.0 FTE positions are allocated for dam safety programs.
Sec. 405. If a certified health department does not exist in
a city, county, or district or does not fulfill its responsibilities under part
117 of the natural resources and environmental protection act, 1994 PA 451, MCL
324.11701 to 324.11720, then the department may spend funds appropriated in
part 1 under the septage waste compliance program in accordance with section
11716 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.11716.
Sec. 410. From the funds appropriated in part 1, the
department shall compile a report by November 1 on the status of the
implementation plan for the western Lake Erie basin collaborative agreement. In
an effort to learn more about the presence and timing of harmful algal blooms,
the report shall contain all of the following:
(a) An estimated cost of removal of total phosphorus per pound
at the 4 major wastewater treatment plants.
(b) A description of the grants that have been awarded.
(c) A description of the work that has commenced on the issue
of dissolved reactive phosphorus, the expected objectives and outcomes of that
work, and a list of the parties involved in that effort.
(d) A description of the efforts and outcomes aimed at the
total phosphorus reduction for the River Raisin watershed.
UNDERGROUND STORAGE
TANK AUTHORITY
Sec. 701. The unexpended funds appropriated in part 1 for the
underground storage tank cleanup 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 provide contaminated
site cleanup.
(b) The project will be accomplished by utilizing contracts
with service providers.
(c) The total estimated cost of the project is
$20,000,000.00.
(d) The tentative completion date is September 30, 2025.
MATERIALS MANAGEMENT DIVISION
Sec. 901. In addition to the money appropriated in part 1,
the department may receive and expend money from the Volkswagen Environmental
Mitigation Trust Agreement to provide funding for activities as outlined within
the State’s Mitigation Plan. The department shall prepare an annual report to
the appropriations subcommittees, the fiscal agencies, and the state budget
office by February 1, 2022 of the expenditures incurred under this section
during the fiscal year ending September 30, 2021.
Sec. 902. From
the funds appropriated in part 1 for scrap tire grants, the department shall
award $3,000,000.00 for a project based on a previously submitted grant
application in a county with a population between 29,000 and 30,000 according
to the most recent federal decennial census.
ONE-TIME APPROPRIATIONS
Sec. 1005. (1)
If funds become available, the department shall award grants to local health
departments to provide free or low-cost water testing to private well owners.
Testing offered shall include coliforms, nitrates/nitrites, arsenic, and other
contaminants as determined by application.
(2) On or
before April 1, the department shall transmit to the appropriations
subcommittees, the fiscal agencies, and the state budget office and post on the
department’s website a report on the previous calendar year’s activities funded
with private well testing funds. The report shall include a list of all
grantees and award amounts.
Sec. 1006.
From the funds appropriated in part 1 for Blanchard Dam bond inspection and
repair needs study, $10,000.00 is allocated for the department to conduct a
study of dam repair needs and for dam inspection in a county with a population
between 70,000 and 70,500 according to the most recent federal decennial
census.
Sec. 1007.
From funds appropriated in part 1 for cooperative lakes monitoring program,
$150,000.00 is allocated to the continuation of the department’s contract for
the cooperative lakes monitoring program to ensure the continued operation of
the program.
Sec. 1008.
From the funds appropriated in part 1 for environmental cleanup project
(one-time), $600,000.00 shall be awarded to a city with a population between
29,000 and 30,000 located in a county with a population between 1,000,000 and
1,500,000 according to the most recent federal decennial census. The grant
shall be used to support the demolition costs of an electroplating services
building.
Sec. 1009. (1)
From the funds appropriated in part 1 for lead and copper rule support,
$2,500,000.00 shall be awarded to a city with a population of between 3,000 and
3,100 located in a county with a population of between 30,900 and 31,000
according to the most recent federal decennial census for water line
replacement.
(2) From the
funds appropriated in part 1 for lead and copper support, $250,000.00 shall be
awarded to a city with a population of between 29,900 and 31,000 located in a
county with a population of between 425,700 and 425,800 according to the most
recent federal decennial census for water line replacement.
Sec. 1010. (1)
From the funds appropriated in part 1 for Michigan geological survey, the
department shall award $500,000.00 for the Michigan geological survey.
(2) The
unexpended funds appropriated in part 1 for Michigan geological survey 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 of the management
and budget act, 1984 PA 431, MCL 18.1451a:
(a) The
purpose of the project is to provide funding for the facilitation of basic and
applied geological research of Michigan’s geological resources.
(b) The
project will be accomplished through funding to a 4-year state university for the
operation and maintenance of the survey.
(c) The total
estimated cost of the work project is $500,000.00.
(d) The
tentative completion date is September 30, 2022.
Sec. 1011. (1)
From the funds appropriated in part 1 for multistate aquifer study, the department,
in coordination with the United States Geological Survey, shall award an amount
not to exceed $500,000.00 to support a study, including the acquisition of
necessary equipment, to determine an estimated storage capacity and maximum
yield of the Michindoh Aquifer.
(2) The
unexpended funds appropriated in part 1 multistate aquifer study 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 of the management and budget act,
1984 PA 431, MCL 18.1451a:
(a) The
purpose of the project is to provide funding to support a study on estimated
storage capacity and maximum yield of the Michindoh Aquifer.
(b) The
project will be accomplished by utilizing contracts with service providers.
(c) The total
estimated cost of the work project is $500,000.00.
(d) The
tentative completion date is September 30, 2022.
Sec. 1012.
From the funds appropriated in part 1 for water treatment plant project,
$450,000.00 shall be awarded for a water treatment plant project located in a
county with a population of between 250,300 and 250,400 and in a city with a
population of between 1,800 and 1,900 according to the most recent federal
decennial census.
Sec. 1013. (1) From the funds appropriated in part 1 for
watershed council grants, $600,000.00 in grant funds shall be awarded to
watershed councils for education, administration, and conservation efforts. A
grant to an individual watershed council shall not exceed $40,000.00.
(2) On or before April 1, the department shall transmit to
the appropriations subcommittees, the fiscal agencies, and the state budget
office and post on the department’s website a report on the previous calendar
year’s activities of the watershed grant program. The report shall include a
list of all grantees and award amounts.
ARTICLE 5
GENERAL GOVERNMENT
part 1
line-item appropriations
Sec. 101. There is appropriated for the legislature, the
executive, the department of the attorney general, the department of state, the
department of treasury, the department of technology, management, and budget,
the department of civil rights, the department of labor and economic
opportunity, and certain state purposes related thereto for the fiscal year
ending September 30, 2021, from the following funds:
|
TOTAL GENERAL GOVERNMENT |
|
|
|
|||
|
APPROPRIATION SUMMARY |
|
|
|
|||
|
Full-time equated
unclassified positions |
78.5 |
|
|
|||
|
Full-time equated
classified positions |
9,915.5 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
6,052,943,700 |
|||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
1,099,669,700 |
|||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
4,953,274,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal
revenues |
|
|
1,185,185,200 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Total local
revenues |
|
|
26,297,200 |
|||
|
Total private
revenues |
|
|
11,950,100 |
|||
|
Total other state
restricted revenues |
|
|
2,432,301,600 |
|||
|
State general fund/general purpose |
|
$ |
1,297,539,900 |
|||
|
Sec. 102. DEPARTMENT OF ATTORNEY
GENERAL |
|
|
|
|||
|
(1) APPROPRIATION SUMMARY |
|
|
|
|||
|
Full-time equated
unclassified positions |
6.0 |
|
|
|||
|
Full-time equated
classified positions |
537.4 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
106,828,600 |
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
35,285,800 |
|||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
71,542,800 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal
revenues |
|
|
9,906,100 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Total local
revenues |
|
|
0 |
|||
|
Total private
revenues |
|
|
0 |
|||
|
Total other state
restricted revenues |
|
|
20,488,300 |
|||
|
State general fund/general purpose |
|
$ |
41,148,400 |
|||
|
(2) ATTORNEY GENERAL OPERATIONS |
|
|
|
|||
|
Full-time equated
unclassified positions |
6.0 |
|
|
|||
|
Full-time equated
classified positions |
537.4 |
|
|
|||
|
Unclassified
positions—FTEs |
5.0 |
$ |
828,500 |
|||
|
Attorney general |
|
|
112,500 |
|||
|
Child support
enforcement—FTEs |
25.0 |
|
3,677,700 |
|||
|
Operations—FTEs |
494.4 |
|
96,003,900 |
|||
|
Prosecuting attorneys
coordinating council—FTEs |
12.0 |
|
2,228,500 |
|||
|
Public safety
initiative—FTE |
1.0 |
|
888,600 |
|||
|
Sexual assault
law enforcement—FTEs |
5.0 |
|
1,459,500 |
|||
|
GROSS APPROPRIATION |
|
$ |
105,199,200 |
|||
|
Appropriated
from: |
|
|
|
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from MDOC |
|
|
699,600 |
|||
|
IDG from MDE |
|
|
791,300 |
|||
|
IDG from EGLE |
|
|
2,135,700 |
|||
|
IDG from MDHHS,
health policy |
|
|
313,600 |
|||
|
IDG from MDHHS,
human services |
|
|
6,535,400 |
|||
|
IDG from MDHHS,
medical services administration |
|
|
734,300 |
|||
|
IDG from MDHHS,
WIC |
|
|
354,700 |
|||
|
IDG from MDIFS,
financial and insurance services |
|
|
1,219,600 |
|||
|
IDG from LEO,
Michigan occupational safety and health administration |
|
|
200,000 |
|||
|
IDG from LEO,
workforce development |
|
|
95,700 |
|||
|
IDG from MDLARA,
bureau of marijuana regulatory agency |
|
|
1,468,300 |
|||
|
IDG from MDLARA,
fireworks safety fund |
|
|
87,300 |
|||
|
IDG from MDLARA,
health professions |
|
|
3,237,700 |
|||
|
IDG from MDLARA,
licensing and regulation fees |
|
|
767,600 |
|||
|
IDG from MDLARA, remonumentation
fees |
|
|
113,200 |
|||
|
IDG from MDLARA,
securities fees |
|
|
744,900 |
|||
|
IDG from MDLARA,
unlicensed builders |
|
|
1,128,300 |
|||
|
IDG from MDMVA |
|
|
176,100 |
|||
|
IDG from MDOS,
children’s protection registry |
|
|
45,000 |
|||
|
IDG from MDOT, comprehensive
transportation fund |
|
|
107,800 |
|||
|
IDG from MDOT,
state aeronautics fund |
|
|
188,200 |
|||
|
IDG from MDOT,
state trunkline fund |
|
|
2,135,900 |
|||
|
IDG from MDSP |
|
|
277,400 |
|||
|
IDG from MDTMB |
|
|
1,285,700 |
|||
|
IDG from MDTMB,
civil service commission |
|
|
327,400 |
|||
|
IDG from MDTMB, risk
management revolving fund |
|
|
1,347,100 |
|||
|
IDG from Michigan
state housing development authority |
|
|
1,227,600 |
|||
|
IDG from Michigan
strategic fund |
|
|
192,400 |
|||
|
IDG from treasury |
|
|
7,348,000 |
|||
|
DAG, state
administrative match grant/food stamps |
|
|
137,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
3,316,500 |
|||
|
HHS, medical
assistance, medigrant |
|
|
403,900 |
|||
|
HHS-OS, state
Medicaid fraud control units |
|
|
5,927,500 |
|||
|
National criminal
history improvement program |
|
|
121,200 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Antitrust enforcement
collections |
|
|
813,000 |
|||
|
Attorney general’s
operations fund |
|
|
1,118,200 |
|||
|
Auto repair
facilities fees |
|
|
351,600 |
|||
|
Franchise fees |
|
|
407,900 |
|||
|
Game and fish
protection fund |
|
|
659,300 |
|||
|
Human trafficking
commission fund |
|
|
170,000 |
|||
|
Lawsuit settlement
proceeds fund |
|
|
2,643,900 |
|||
|
Liquor purchase
revolving fund |
|
|
1,568,700 |
|||
|
Michigan merit
award trust fund |
|
|
526,600 |
|||
|
Michigan
employment security act - administrative fund |
|
|
2,387,700 |
|||
|
Michigan state
waterways fund |
|
|
147,000 |
|||
|
Mobile home code fund |
|
|
263,900 |
|||
|
Prisoner reimbursement |
|
|
556,100 |
|||
|
Prosecuting
attorneys training fees |
|
|
419,800 |
|||
|
Public utility
assessments |
|
|
2,108,100 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Reinstatement
fees |
|
|
273,600 |
|||
|
Retirement funds |
|
|
1,116,300 |
|||
|
Second injury
fund |
|
|
638,200 |
|||
|
Self-insurers
security fund |
|
|
392,800 |
|||
|
Silicosis and dust
disease fund |
|
|
112,400 |
|||
|
State building
authority revenue |
|
|
130,300 |
|||
|
State casino
gaming fund |
|
|
1,892,700 |
|||
|
State lottery
fund |
|
|
370,400 |
|||
|
Utility consumer representation
fund |
|
|
1,031,800 |
|||
|
Worker’s
compensation administrative revolving fund |
|
|
388,000 |
|||
|
State general fund/general purpose |
|
$ |
39,519,000 |
|||
|
(3) INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information
technology services and projects |
|
$ |
1,629,400 |
|||
|
GROSS APPROPRIATION |
|
$ |
1,629,400 |
|||
|
Appropriated
from: |
|
|
|
|||
|
State general fund/general purpose |
|
$ |
1,629,400 |
|||
|
Sec. 103. DEPARTMENT OF CIVIL
RIGHTS |
|
|
|
|||
|
(1) APPROPRIATION SUMMARY |
|
|
|
|||
|
Full-time equated
unclassified positions |
6.0 |
|
|
|||
|
Full-time equated
classified positions |
110.0 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
18,037,400 |
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
299,800 |
|||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
17,737,600 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal
revenues |
|
|
2,868,200 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Total local
revenues |
|
|
0 |
|||
|
Total private
revenues |
|
|
18,700 |
|||
|
Total other state
restricted revenues |
|
|
58,500 |
|||
|
State general fund/general purpose |
|
$ |
14,792,200 |
|||
|
(2) CIVIL RIGHTS OPERATIONS |
|
|
|
|||
|
Full-time equated
unclassified positions |
6.0 |
|
|
|||
|
Full-time equated
classified positions |
110.0 |
|
|
|||
|
Unclassified
salaries—FTEs |
6.0 |
$ |
725,600 |
|||
|
Complaint investigation
and enforcement—FTEs |
40.0 |
|
6,334,600 |
|||
|
Division on deaf,
deafblind, and hard of hearing—FTEs |
6.0 |
|
736,600 |
|||
|
Executive office—FTEs |
24.0 |
|
3,141,600 |
|||
|
Law and policy—FTEs |
28.0 |
|
3,159,200 |
|||
|
Museums support |
|
|
1,500,000 |
|||
|
Public affairs—FTEs |
12.0 |
|
1,683,800 |
|||
|
GROSS APPROPRIATION |
|
$ |
17,281,400 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from DTMB |
|
|
299,800 |
|||
|
Federal revenues: |
|
|
|
|||
|
EEOC, state and
local antidiscrimination agency contracts |
|
|
1,242,800 |
|||
|
HUD, grant |
|
|
1,610,400 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Private revenues |
|
|
18,700 |
|||
|
State restricted
indirect funds |
|
|
58,500 |
|||
|
State general fund/general purpose |
|
$ |
14,051,200 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
(3) INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information
technology services and projects |
|
$ |
756,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
756,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
EEOC, state and
local antidiscrimination agency contracts |
|
|
15,000 |
|||
|
State general fund/general purpose |
|
$ |
741,000 |
|||
|
Sec. 104. EXECUTIVE OFFICE |
|
|
|
|||
|
(1) APPROPRIATION SUMMARY |
|
|
|
|||
|
Full-time equated
unclassified positions |
10.0 |
|
|
|||
|
Full-time equated
classified positions |
79.2 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
7,114,300 |
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
0 |
|||
|
ADJUSTED GROSS APPROPRIATIONS |
|
$ |
7,114,300 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal
revenues |
|
|
0 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Total local
revenues |
|
|
0 |
|||
|
Total private
revenues |
|
|
0 |
|||
|
Total other state
restricted revenues |
|
|
0 |
|||
|
State general fund/general purpose |
|
$ |
7,114,300 |
|||
|
(2) EXECUTIVE OFFICE OPERATIONS |
|
|
|
|||
|
Full-time equated
unclassified positions |
10.0 |
|
|
|||
|
Full-time equated
classified positions |
79.2 |
|
|
|||
|
Unclassified
salaries—FTEs |
8.0 |
$ |
1,360,200 |
|||
|
Governor |
|
|
159,300 |
|||
|
Lieutenant
governor |
|
|
111,600 |
|||
|
Executive office—FTEs |
79.2 |
|
5,483,200 |
|||
|
GROSS APPROPRIATION |
|
$ |
7,114,300 |
|||
|
Appropriated
from: |
|
|
|
|||
|
State general fund/general purpose |
|
$ |
7,114,300 |
|||
|
Sec. 105. LEGISLATURE |
|
|
|
|||
|
(1) APPROPRIATION SUMMARY |
|
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
202,453,800 |
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
Total interdepartmental
grants and intradepartmental transfers |
|
|
6,250,400 |
|||
|
ADJUSTED GROSS APPROPRIATIONS |
|
$ |
196,203,400 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal
revenues |
|
|
0 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Total local
revenues |
|
|
0 |
|||
|
Total private
revenues |
|
|
400,000 |
|||
|
Total other state
restricted revenues |
|
|
6,776,800 |
|||
|
State general fund/general purpose |
|
$ |
189,026,600 |
|||
|
(2) LEGISLATURE |
|
|
|
|||
|
Senate |
|
$ |
42,646,900 |
|||
|
Senate automated
data processing |
|
|
2,731,600 |
|||
|
Senate fiscal
agency |
|
|
4,050,400 |
|||
|
Senate census tracking/reapportionment |
|
|
170,000 |
|||
|
House of
representatives |
|
|
62,900,200 |
|||
|
House automated
data processing |
|
|
2,731,600 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
House fiscal
agency |
|
|
4,050,400 |
|||
|
House of
representatives census tracking/reapportionment |
|
|
170,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
119,451,100 |
|||
|
Appropriated
from: |
|
|
|
|||
|
State general fund/general purpose |
|
$ |
119,451,100 |
|||
|
(3) LEGISLATIVE COUNCIL |
|
|
|
|||
|
Legislative
corrections ombudsman |
|
$ |
1,006,900 |
|||
|
Legislative
council |
|
|
14,253,500 |
|||
|
Legislative IT
systems design project |
|
|
765,000 |
|||
|
Legislative
service bureau automated data processing |
|
|
1,775,500 |
|||
|
Michigan veterans
facility ombudsman |
|
|
315,200 |
|||
|
National
association dues |
|
|
601,800 |
|||
|
Worker’s
compensation |
|
|
151,400 |
|||
|
Independent
citizens redistricting commission |
|
|
3,149,400 |
|||
|
GROSS APPROPRIATION |
|
$ |
22,018,700 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Private - gifts
and bequests |
|
|
400,000 |
|||
|
State general fund/general purpose |
|
$ |
21,618,700 |
|||
|
(4) LEGISLATIVE RETIREMENT SYSTEM |
|
|
|
|||
|
General
nonretirement expenses |
|
$ |
5,370,700 |
|||
|
GROSS APPROPRIATION |
|
$ |
5,370,700 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Court fees |
|
|
1,249,800 |
|||
|
State general fund/general purpose |
|
$ |
4,120,900 |
|||
|
(5) PROPERTY MANAGEMENT |
|
|
|
|||
|
Binsfeld Office
Building and other properties |
|
$ |
8,436,300 |
|||
|
Cora Anderson
Building |
|
|
12,365,100 |
|||
|
GROSS APPROPRIATION |
|
$ |
20,801,400 |
|||
|
Appropriated
from: |
|
|
|
|||
|
State general fund/general purpose |
|
$ |
20,801,400 |
|||
|
(6) STATE CAPITOL HISTORIC SITE |
|
|
|
|||
|
Bond/lease
obligations |
|
$ |
100 |
|||
|
General
operations |
|
|
4,710,400 |
|||
|
Restoration,
renewal, and maintenance |
|
|
3,387,500 |
|||
|
GROSS APPROPRIATION |
|
$ |
8,098,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Capitol historic
site fund |
|
|
3,387,500 |
|||
|
State general fund/general purpose |
|
$ |
4,710,500 |
|||
|
(7) OFFICE OF THE AUDITOR GENERAL |
|
|
|
|||
|
Unclassified
positions |
|
$ |
370,700 |
|||
|
Field operations |
|
|
26,343,200 |
|||
|
GROSS APPROPRIATION |
|
$ |
26,713,900 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG, emp ben div
postemployment life insurance benefit |
|
|
20,600 |
|||
|
IDG from LEO,
self-insurers security fund |
|
|
87,400 |
|||
|
IDG from DHHS,
human services |
|
|
33,500 |
|||
|
IDG from MDLARA,
liquor purchase revolving fund |
|
|
105,000 |
|||
|
IDG from MDMVA,
Michigan veterans facility authority |
|
|
53,600 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
IDG from MDOT,
comprehensive transportation fund |
|
|
42,600 |
|||
|
IDG from MDOT,
Michigan transportation fund |
|
|
345,000 |
|||
|
IDG from MDOT,
state aeronautics fund |
|
|
33,300 |
|||
|
IDG from MDOT,
state trunkline fund |
|
|
801,500 |
|||
|
IDG, legislative
retirement system |
|
|
31,900 |
|||
|
IDG, single audit
act |
|
|
2,800,000 |
|||
|
IDG, commercial
mobile radio system emergency telephone fund |
|
|
40,200 |
|||
|
IDG, contract
audit administration fees |
|
|
61,800 |
|||
|
IDG, deferred compensation
funds |
|
|
99,100 |
|||
|
IDG, Michigan
finance authority |
|
|
321,900 |
|||
|
IDG, Michigan
economic development corporation |
|
|
123,600 |
|||
|
IDG, Michigan
education trust fund |
|
|
66,000 |
|||
|
IDG, Michigan
justice training commission fund |
|
|
44,700 |
|||
|
IDG, Michigan
strategic fund |
|
|
200,900 |
|||
|
IDG, office of
retirement services |
|
|
854,000 |
|||
|
IDG, other
restricted funding sources |
|
|
83,800 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
21st century jobs
trust fund |
|
|
105,300 |
|||
|
Brownfield
development fund |
|
|
30,800 |
|||
|
Clean Michigan initiative
implementation bond fund |
|
|
59,600 |
|||
|
Game and fish
protection fund |
|
|
34,300 |
|||
|
MDTMB, civil
service commission |
|
|
181,600 |
|||
|
Michigan state
housing development authority fees |
|
|
124,100 |
|||
|
Michigan veterans’
trust fund |
|
|
2,100 |
|||
|
Michigan veterans’
trust fund income and assessments |
|
|
23,700 |
|||
|
Motor transport
revolving fund |
|
|
8,000 |
|||
|
Office services
revolving fund |
|
|
11,000 |
|||
|
State
disbursement unit, office of child support |
|
|
62,700 |
|||
|
State services
fee fund |
|
|
1,483,900 |
|||
|
Waterways fund |
|
|
12,400 |
|||
|
State general fund/general purpose |
|
$ |
18,324,000 |
|||
|
Sec. 106. DEPARTMENT OF STATE |
|
|
|
|||
|
(1) APPROPRIATION SUMMARY |
|
|
|
|||
|
Full-time equated
unclassified positions |
6.0 |
|
|
|||
|
Full-time equated
classified positions |
1,586.0 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
254,297,500 |
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
Total interdepartmental
grants and intradepartmental transfers |
|
|
20,000,000 |
|||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
234,297,500 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal
revenues |
|
|
1,460,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local
revenues |
|
|
0 |
|||
|
Total private
revenues |
|
|
50,100 |
|||
|
Total other state
restricted revenues |
|
|
220,189,900 |
|||
|
State general fund/general purpose |
|
$ |
12,597,500 |
|||
|
(2) DEPARTMENTAL ADMINISTRATION AND
SUPPORT |
|
|
|
|||
|
Full-time equated
unclassified positions |
6.0 |
|
|
|||
|
Full-time equated
classified positions |
140.0 |
|
|
|||
|
Secretary of state |
|
$ |
112,500 |
|||
|
Unclassified
salaries—FTEs |
5.0 |
|
691,100 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Executive
direction—FTEs |
30.0 |
|
4,836,500 |
|||
|
Operations—FTEs |
110.0 |
|
26,233,200 |
|||
|
Property
management |
|
|
10,029,300 |
|||
|
Worker’s
compensation |
|
|
209,200 |
|||
|
GROSS APPROPRIATION |
|
$ |
42,111,800 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Abandoned vehicle
fees |
|
|
239,800 |
|||
|
Auto repair
facilities fees |
|
|
131,900 |
|||
|
Children’s
protection registry fund |
|
|
270,700 |
|||
|
Driver fees |
|
|
2,496,000 |
|||
|
Driver
improvement course fund |
|
|
308,200 |
|||
|
Enhanced driver
license and enhanced official state personal identification card fund |
|
|
2,018,400 |
|||
|
Parking ticket
court fines |
|
|
437,400 |
|||
|
Personal
identification card fees |
|
|
288,100 |
|||
|
Reinstatement
fees - operator licenses |
|
|
791,700 |
|||
|
Scrap tire fund |
|
|
78,600 |
|||
|
Transportation
administration collection fund |
|
|
34,109,200 |
|||
|
State general fund/general purpose |
|
$ |
941,800 |
|||
|
(3) LEGAL SERVICES |
|
|
|
|||
|
Full-time equated
classified positions |
149.0 |
|
|
|||
|
Operations—FTEs |
149.0 |
$ |
21,045,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
21,045,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Auto repair
facilities fees |
|
|
3,065,500 |
|||
|
Driver fees |
|
|
1,594,300 |
|||
|
Enhanced driver
license and enhanced official state personal identification card fund |
|
|
2,736,100 |
|||
|
Reinstatement
fees - operator licenses |
|
|
952,800 |
|||
|
Transportation
administration collection fund |
|
|
11,212,600 |
|||
|
Vehicle theft
prevention fees |
|
|
1,108,200 |
|||
|
State general fund/general purpose |
|
$ |
375,500 |
|||
|
(4) CUSTOMER DELIVERY SERVICES |
|
|
|
|||
|
Full-time equated
classified positions |
1,252.0 |
|
|
|||
|
Branch operations—FTEs |
925.0 |
$ |
93,070,500 |
|||
|
Central
operations—FTEs |
325.0 |
|
48,876,800 |
|||
|
Motorcycle safety
education administration—FTEs |
2.0 |
|
648,800 |
|||
|
Motorcycle safety
education grants |
|
|
1,800,000 |
|||
|
Organ donor
program |
|
|
129,100 |
|||
|
GROSS APPROPRIATION |
|
$ |
144,525,200 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from MDOT,
Michigan transportation fund |
|
|
20,000,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
DOT |
|
|
860,000 |
|||
|
OHSP |
|
|
600,000 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Private funds |
|
|
100 |
|||
|
Thomas Daley gift
of life fund |
|
|
50,000 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Abandoned vehicle
fees |
|
|
450,900 |
|||
|
Auto repair
facilities fees |
|
|
763,700 |
|||
|
Child support
clearance fees |
|
|
363,600 |
|||
|
Driver education
provider and instructor fund |
|
|
75,000 |
|||
|
Driver fees |
|
|
22,173,700 |
|||
|
Driver
improvement course fund |
|
|
1,219,800 |
|||
|
Enhanced driver
license and enhanced official state personal identification card fund |
|
|
10,864,600 |
|||
|
Expedient service
fees |
|
|
2,931,000 |
|||
|
Marine safety
fund |
|
|
1,553,700 |
|||
|
Michigan state
police auto theft fund |
|
|
123,700 |
|||
|
Mobile home
commission fees |
|
|
507,500 |
|||
|
Motorcycle safety
and education awareness fund |
|
|
300,000 |
|||
|
Motorcycle safety
fund |
|
|
1,848,800 |
|||
|
Off-road vehicle
title fees |
|
|
170,700 |
|||
|
Parking ticket
court fines |
|
|
1,640,000 |
|||
|
Personal
identification card fees |
|
|
2,379,700 |
|||
|
Recreation
passport fee revenue |
|
|
1,000,000 |
|||
|
Reinstatement
fees - operator licenses |
|
|
2,368,800 |
|||
|
Snowmobile
registration fee revenue |
|
|
390,000 |
|||
|
State lottery
fund |
|
|
1,015,800 |
|||
|
Transportation
administration collection fund |
|
|
67,549,100 |
|||
|
Vehicle theft
prevention fees |
|
|
786,000 |
|||
|
State general fund/general purpose |
|
$ |
2,539,000 |
|||
|
(5) ELECTION REGULATION |
|
|
|
|||
|
Full-time equated
classified positions |
45.0 |
|
|
|||
|
County clerk
education and training fund |
|
$ |
100,000 |
|||
|
Election
administration and services—FTEs |
45.0 |
|
7,487,700 |
|||
|
Fees to local
units |
|
|
109,800 |
|||
|
GROSS APPROPRIATION |
|
$ |
7,697,500 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Notary education
and training fund |
|
|
100,000 |
|||
|
Notary fee fund |
|
|
343,500 |
|||
|
State general fund/general purpose |
|
$ |
7,254,000 |
|||
|
(6) INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information
technology services and projects |
|
$ |
38,918,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
38,918,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Administrative
order processing fee |
|
|
11,700 |
|||
|
Auto repair
facilities fees |
|
|
129,000 |
|||
|
Driver fees |
|
|
785,700 |
|||
|
Enhanced driver
license and enhanced official state personal identification card fund |
|
|
348,100 |
|||
|
Expedient service
fees |
|
|
1,094,600 |
|||
|
Parking ticket
court fines |
|
|
88,800 |
|||
|
Personal
identification card fees |
|
|
172,900 |
|||
|
Reinstatement
fees - operator licenses |
|
|
591,000 |
|||
|
Transportation
administration collection fund |
|
|
34,028,400 |
|||
|
Vehicle theft
prevention fees |
|
|
180,600 |
|||
|
State general fund/general purpose |
|
$ |
1,487,200 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Sec. 107. DEPARTMENT OF TECHNOLOGY,
MANAGEMENT, AND BUDGET |
|
|
|
|||
|
(1) APPROPRIATION SUMMARY |
|
|
|
|||
|
Full-time equated
unclassified positions |
6.0 |
|
|
|||
|
Full-time equated
classified positions |
3,133.0 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
1,671,705,000 |
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
1,024,720,900 |
|||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
646,984,100 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal
revenues |
|
|
5,139,300 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Total local
revenues |
|
|
2,337,700 |
|||
|
Total private
revenues |
|
|
134,600 |
|||
|
Total other state
restricted revenues |
|
|
123,046,400 |
|||
|
State general fund/general purpose |
|
$ |
516,326,100 |
|||
|
(2) DEPARTMENTAL ADMINISTRATION AND
SUPPORT |
|
|
|
|||
|
Full-time equated
unclassified positions |
6.0 |
|
|
|||
|
Full-time equated
classified positions |
851.5 |
|
|
|||
|
Unclassified
salaries—FTEs |
6.0 |
$ |
946,600 |
|||
|
Administrative
services—FTEs |
165.5 |
|
25,279,200 |
|||
|
Budget and
financial management—FTEs |
178.0 |
|
36,927,200 |
|||
|
Building
operation services—FTEs |
255.0 |
|
94,123,600 |
|||
|
Bureau of labor
market information and strategies—FTEs |
44.0 |
|
5,917,900 |
|||
|
Business support
services—FTEs |
104.0 |
|
13,566,300 |
|||
|
Design and
construction services—FTEs |
40.0 |
|
6,913,600 |
|||
|
Executive
operations—FTEs |
12.0 |
|
2,510,700 |
|||
|
Motor vehicle
fleet—FTEs |
39.0 |
|
82,043,000 |
|||
|
Office of the
state employer—FTEs |
14.0 |
|
1,731,500 |
|||
|
Property
management |
|
|
8,059,900 |
|||
|
GROSS APPROPRIATION |
|
$ |
278,019,500 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from
accounting service centers user charges |
|
|
5,230,500 |
|||
|
IDG from building
occupancy and parking charges |
|
|
96,276,000 |
|||
|
IDG from MDHHS,
community health |
|
|
508,100 |
|||
|
IDG from MDHHS,
human services |
|
|
236,300 |
|||
|
IDG from MDLARA |
|
|
100,000 |
|||
|
IDG from motor
transport fund |
|
|
82,043,000 |
|||
|
IDG from technology
user fees |
|
|
11,206,200 |
|||
|
IDG from user
fees |
|
|
7,007,100 |
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
5,139,300 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Local - MPSCS
subscriber and maintenance fees |
|
|
21,200 |
|||
|
Local funds |
|
|
35,000 |
|||
|
Private funds |
|
|
134,600 |
|||
|
Health management
funds |
|
|
425,600 |
|||
|
Other agency
charges |
|
|
1,260,400 |
|||
|
SIGMA user fees |
|
|
2,150,000 |
|||
|
Special revenue,
internal service, and pension trust funds |
|
|
19,519,600 |
|||
|
State restricted
indirect funds |
|
|
3,175,100 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
State general fund/general purpose |
|
$ |
43,551,500 |
|||
|
(3) TECHNOLOGY SERVICES |
|
|
|
|||
|
Full-time equated
classified positions |
1,641.5 |
|
|
|||
|
Education
services—FTEs |
33.0 |
$ |
4,932,700 |
|||
|
Enterprise
identity management—FTEs |
17.0 |
|
9,706,200 |
|||
|
General services—FTEs |
356.5 |
|
130,561,500 |
|||
|
Health and human
services—FTEs |
656.5 |
|
556,387,300 |
|||
|
Homeland security
initiative/cyber security—FTEs |
25.0 |
|
14,174,700 |
|||
|
Information
technology investment fund |
|
|
32,500,000 |
|||
|
Michigan public
safety communication system—FTEs |
137.0 |
|
48,505,600 |
|||
|
Public protection—FTEs |
162.5 |
|
63,079,800 |
|||
|
Resources
services—FTEs |
154.5 |
|
22,271,100 |
|||
|
Transportation
services—FTEs |
99.5 |
|
39,048,400 |
|||
|
GROSS APPROPRIATION |
|
$ |
921,167,300 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from
technology user fees |
|
|
816,280,800 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Local - MPSCS
subscriber and maintenance fees |
|
|
2,281,500 |
|||
|
State general fund/general purpose |
|
$ |
102,605,000 |
|||
|
(4) STATEWIDE APPROPRIATIONS |
|
|
|
|||
|
Professional development
fund - AFSCME |
|
$ |
50,000 |
|||
|
Professional
development fund - MPE, SEIU, scientific and engineering unit |
|
|
100,000 |
|||
|
Professional
development fund - MPE, SEIU, technical unit |
|
|
50,000 |
|||
|
Professional
development fund - NERE |
|
|
200,000 |
|||
|
Professional
development fund - UAW |
|
|
700,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
1,100,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from employer
contributions |
|
|
1,100,000 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(5) SPECIAL PROGRAMS |
|
|
|
|||
|
Full-time equated
classified positions |
181.0 |
|
|
|||
|
Office of
children’s ombudsman—FTEs |
14.0 |
$ |
1,931,400 |
|||
|
Property
management executive/legislative |
|
|
1,285,200 |
|||
|
Retirement
services—FTEs |
167.0 |
|
25,451,200 |
|||
|
Venture Michigan
fund II voucher purchase |
|
|
37,200,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
65,867,800 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Deferred compensation |
|
|
2,800,000 |
|||
|
Pension trust
funds |
|
|
22,574,200 |
|||
|
State general fund/general purpose |
|
$ |
40,493,600 |
|||
|
(6) STATE BUILDING AUTHORITY RENT |
|
|
|
|||
|
State building
authority rent - community colleges |
|
$ |
33,181,600 |
|||
|
State building
authority rent - state agencies |
|
|
63,393,700 |
|||
|
State building
authority rent - universities |
|
|
134,995,300 |
|||
|
GROSS APPROPRIATION |
|
$ |
231,570,600 |
|||
|
Appropriated
from: |
|
|
|
|||
|
State general fund/general purpose |
|
$ |
231,570,600 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
(7) CIVIL SERVICE COMMISSION |
|
|
|
|||
|
Full-time equated
classified positions |
459.0 |
|
|
|||
|
Agency services—FTEs |
115.0 |
$ |
17,580,700 |
|||
|
Employee benefits—FTEs |
25.0 |
|
7,846,700 |
|||
|
Executive
direction—FTEs |
45.0 |
|
10,482,000 |
|||
|
Human resources
operations—FTEs |
274.0 |
|
35,481,200 |
|||
|
Information
technology services and projects |
|
|
3,637,100 |
|||
|
GROSS APPROPRIATION |
|
$ |
75,027,700 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
State restricted
funds 1% |
|
|
30,528,400 |
|||
|
State restricted
indirect funds |
|
|
9,256,700 |
|||
|
State sponsored
group insurance |
|
|
11,042,400 |
|||
|
State general fund/general purpose |
|
$ |
24,200,200 |
|||
|
(8) CAPITAL OUTLAY |
|
|
|
|||
|
Enterprisewide
special maintenance for state facilities |
|
$ |
28,000,000 |
|||
|
Major special
maintenance, remodeling, and addition for state agencies |
|
|
3,800,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
31,800,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from building
occupancy charges |
|
|
3,800,000 |
|||
|
State general fund/general purpose |
|
$ |
28,000,000 |
|||
|
(9) INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information
technology services and projects |
|
$ |
35,747,100 |
|||
|
GROSS APPROPRIATION |
|
$ |
35,747,100 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from building
occupancy and parking charges |
|
|
723,200 |
|||
|
IDG from user
fees |
|
|
209,700 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Deferred
compensation |
|
|
2,600 |
|||
|
Pension trust
funds |
|
|
10,992,800 |
|||
|
SIGMA user fees |
|
|
2,428,200 |
|||
|
Special revenue,
internal service, and pension trust funds |
|
|
2,706,500 |
|||
|
State restricted
indirect funds |
|
|
2,083,900 |
|||
|
State general fund/general purpose |
|
$ |
16,600,200 |
|||
|
(10) ONE-TIME APPROPRIATIONS |
|
|
|
|||
|
Enterprisewide
special maintenance for state facilities |
|
$ |
15,000,000 |
|||
|
Retirement services
customer relationship management replacement |
|
|
2,100,000 |
|||
|
Statewide
broadband |
|
|
14,305,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
31,405,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Pension trust
funds |
|
|
2,100,000 |
|||
|
State general fund/general purpose |
|
$ |
29,305,000 |
|||
|
Sec. 108. DEPARTMENT OF TREASURY |
|
|
|
|||
|
(1) APPROPRIATION SUMMARY |
|
|
|
|||
|
Full-time equated
unclassified positions |
10.0 |
|
|
|||
|
Full-time equated
classified positions |
1,924.5 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
2,166,642,800 |
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
13,112,800 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
2,153,530,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal revenues |
|
|
27,421,800 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Total local
revenues |
|
|
13,059,500 |
|||
|
Total private
revenues |
|
|
28,900 |
|||
|
Total other state
restricted revenues |
|
|
1,789,352,600 |
|||
|
State general fund/general purpose |
|
$ |
323,667,200 |
|||
|
(2) DEPARTMENTAL ADMINISTRATION AND
SUPPORT |
|
|
|
|||
|
Full-time equated
unclassified positions |
10.0 |
|
|
|||
|
Full-time equated
classified positions |
442.5 |
|
|
|||
|
Unclassified
salaries—FTEs |
10.0 |
$ |
1,093,700 |
|||
|
Department
services—FTEs |
75.0 |
|
9,236,000 |
|||
|
Executive
direction and operations—FTEs |
64.5 |
|
9,107,300 |
|||
|
Office of
accounting services—FTEs |
29.0 |
|
3,541,900 |
|||
|
Collections
services bureau—FTEs |
206.0 |
|
30,017,100 |
|||
|
Office of
financial services—FTEs |
40.0 |
|
5,041,300 |
|||
|
Property
management |
|
|
6,906,300 |
|||
|
Unclaimed
property—FTEs |
28.0 |
|
5,019,700 |
|||
|
Worker’s
compensation |
|
|
53,200 |
|||
|
GROSS APPROPRIATION |
|
$ |
70,016,500 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG,
data/collection services fees |
|
|
339,100 |
|||
|
IDG from
accounting service center user charges |
|
|
398,600 |
|||
|
IDG from MDHHS,
title IV-D |
|
|
807,500 |
|||
|
IDG, levy/warrant
cost assessment fees |
|
|
3,738,100 |
|||
|
IDG, state agency
collection fees |
|
|
4,519,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
DED-OPSE, federal
lenders allowance |
|
|
488,900 |
|||
|
DED-OPSE, higher
education act of 1965 insured loans |
|
|
528,800 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Delinquent tax
collection revenue |
|
|
35,289,200 |
|||
|
Escheats revenue |
|
|
5,019,700 |
|||
|
Garnishment fees |
|
|
2,772,600 |
|||
|
Justice system
fund |
|
|
451,700 |
|||
|
Marihuana
regulation fund |
|
|
1,299,500 |
|||
|
Marihuana
regulatory fund |
|
|
194,500 |
|||
|
MFA, bond and
loan program revenue |
|
|
652,800 |
|||
|
State lottery
fund |
|
|
311,600 |
|||
|
State restricted
indirect funds |
|
|
288,900 |
|||
|
State services
fee fund |
|
|
354,400 |
|||
|
Treasury fees |
|
|
47,200 |
|||
|
State general fund/general purpose |
|
$ |
12,514,400 |
|||
|
(3) LOCAL GOVERNMENT PROGRAMS |
|
|
|
|||
|
Full-time equated
classified positions |
106.0 |
|
|
|||
|
Local finance—FTEs |
18.0 |
$ |
2,487,600 |
|||
|
Michigan infrastructure
council—FTEs |
3.0 |
|
850,000 |
|||
|
Property tax
assessor training—FTE |
1.0 |
|
1,048,400 |
|||
|
Supervision of
the general property tax law—FTEs |
84.0 |
|
17,824,200 |
|||
|
GROSS APPROPRIATION |
|
$ |
22,210,200 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from MDOT,
Michigan transportation fund |
|
|
250,000 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Local - assessor
training fees |
|
|
1,048,400 |
|||
|
Local - audit
charges |
|
|
604,900 |
|||
|
Local -
equalization study charge-backs |
|
|
40,000 |
|||
|
Local - revenue
from local government |
|
|
100,000 |
|||
|
Delinquent tax
collection revenue |
|
|
1,567,700 |
|||
|
Land
reutilization fund |
|
|
2,061,500 |
|||
|
Municipal finance
fees |
|
|
569,500 |
|||
|
State general fund/general purpose |
|
$ |
15,968,200 |
|||
|
(4) TAX PROGRAMS |
|
|
|
|||
|
Full-time equated
classified positions |
753.0 |
|
|
|||
|
Bottle act
implementation |
|
$ |
250,000 |
|||
|
Home heating
assistance |
|
|
3,099,200 |
|||
|
Insurance
provider assessment program—FTEs |
13.0 |
|
2,190,000 |
|||
|
Office of revenue
and tax analysis—FTEs |
21.0 |
|
3,986,800 |
|||
|
Tax and economic
policy—FTEs |
43.0 |
|
9,066,500 |
|||
|
Tax compliance—FTEs |
318.0 |
|
45,467,800 |
|||
|
Tax processing—FTEs |
347.0 |
|
42,463,800 |
|||
|
Tobacco tax enforcement—FTEs |
11.0 |
|
1,548,900 |
|||
|
GROSS APPROPRIATION |
|
$ |
108,073,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from MDOT,
Michigan transportation fund |
|
|
2,366,700 |
|||
|
IDG from MDOT,
state aeronautics fund |
|
|
72,200 |
|||
|
Federal revenues: |
|
|
|
|||
|
HHS-SSA,
low-income energy assistance |
|
|
3,099,200 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Bottle deposit
fund |
|
|
250,000 |
|||
|
Brownfield
redevelopment fund |
|
|
213,500 |
|||
|
Delinquent tax
collection revenue |
|
|
73,940,100 |
|||
|
Insurance
provider fund |
|
|
2,190,000 |
|||
|
Marihuana
regulation fund |
|
|
2,345,100 |
|||
|
Marihuana
regulatory fund |
|
|
120,000 |
|||
|
Michigan state
waterways fund |
|
|
107,100 |
|||
|
Tobacco tax
revenue |
|
|
4,205,500 |
|||
|
State general fund/general purpose |
|
$ |
19,163,600 |
|||
|
(5) FINANCIAL PROGRAMS |
|
|
|
|||
|
Full-time equated
classified positions |
167.0 |
|
|
|||
|
Dual enrollment
payments |
|
$ |
2,332,600 |
|||
|
Investments—FTEs |
81.0 |
|
21,954,300 |
|||
|
John R. Justice
grant program |
|
|
288,100 |
|||
|
State and
authority finance—FTEs |
19.0 |
|
4,544,700 |
|||
|
Student financial
assistance programs—FTEs |
67.0 |
|
25,206,700 |
|||
|
GROSS APPROPRIATION |
|
$ |
54,326,400 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG, fiscal agent
service fees |
|
|
212,900 |
|||
|
Federal revenues: |
|
|
|
|||
|
DED-OPSE, federal
lenders allowance |
|
|
3,347,000 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
DED-OPSE, higher
education act of 1965, insured loans |
|
|
19,028,400 |
|||
|
Federal - John R.
Justice grant |
|
|
288,100 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Defined
contribution administrative fee revenue |
|
|
300,000 |
|||
|
Michigan finance
authority bond and loan program revenue |
|
|
2,803,300 |
|||
|
Michigan merit
award trust fund |
|
|
1,220,000 |
|||
|
Retirement funds |
|
|
18,497,800 |
|||
|
School bond fees |
|
|
901,400 |
|||
|
Treasury fees |
|
|
3,379,600 |
|||
|
State general fund/general purpose |
|
$ |
4,347,900 |
|||
|
(6) DEBT SERVICE |
|
|
|
|||
|
Clean Michigan
initiative |
|
$ |
49,514,000 |
|||
|
Great Lakes water
quality bond |
|
|
47,600,000 |
|||
|
Quality of life
bond |
|
|
16,621,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
113,735,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
State general fund/general purpose |
|
$ |
113,735,000 |
|||
|
(7) GRANTS |
|
|
|
|||
|
Convention
facility development distribution |
|
$ |
107,887,900 |
|||
|
Emergency 911
payments |
|
|
48,800,000 |
|||
|
Health and safety
fund grants |
|
|
1,500,000 |
|||
|
Recreational
marihuana grants |
|
|
23,400,000 |
|||
|
Senior citizen
cooperative housing tax exemption program |
|
|
10,771,700 |
|||
|
Wrongful
imprisonment compensation fund |
|
|
3,000,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
195,359,600 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Convention
facility development fund |
|
|
107,887,900 |
|||
|
Emergency 911
fund |
|
|
48,800,000 |
|||
|
Health and safety
fund |
|
|
1,500,000 |
|||
|
Marihuana
regulation fund |
|
|
23,400,000 |
|||
|
State general fund/general purpose |
|
$ |
13,771,700 |
|||
|
(8) BUREAU OF STATE LOTTERY |
|
|
|
|||
|
Full-time equated
classified positions |
200.0 |
|
|
|||
|
Lottery
information technology services and projects |
|
$ |
5,383,400 |
|||
|
Lottery
operations—FTEs |
200.0 |
|
28,157,400 |
|||
|
GROSS APPROPRIATION |
|
$ |
33,540,800 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
State lottery
fund |
|
|
33,540,800 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(9) CASINO GAMING |
|
|
|
|||
|
Full-time equated
classified positions |
181.0 |
|
|
|||
|
Casino gaming
control operations—FTEs |
151.0 |
$ |
31,905,800 |
|||
|
Gaming information
technology services and projects |
|
|
3,486,200 |
|||
|
Horse racing—FTEs |
10.0 |
|
2,104,200 |
|||
|
Michigan gaming
control board |
|
|
50,000 |
|||
|
Millionaire party
regulation—FTEs |
20.0 |
|
3,110,700 |
|||
|
GROSS APPROPRIATION |
|
$ |
40,656,900 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Casino gambling
agreements |
|
|
1,001,900 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Equine
development fund |
|
|
2,228,400 |
|||
|
Fantasy contest
fund |
|
|
500,000 |
|||
|
Internet gaming
fund |
|
|
2,575,000 |
|||
|
Internet sports
betting fund |
|
|
2,375,000 |
|||
|
Laboratory fees |
|
|
411,300 |
|||
|
State lottery
fund |
|
|
3,110,700 |
|||
|
State services
fee fund |
|
|
28,454,600 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(10) PAYMENTS IN LIEU OF TAXES |
|
|
|
|||
|
Commercial forest
reserve |
|
$ |
3,368,100 |
|||
|
Purchased lands |
|
|
9,318,500 |
|||
|
Swamp and tax
reverted lands |
|
|
15,305,600 |
|||
|
GROSS APPROPRIATION |
|
$ |
27,992,200 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Private funds |
|
|
28,900 |
|||
|
Game and fish
protection fund |
|
|
3,157,800 |
|||
|
Michigan natural
resources trust fund |
|
|
2,374,500 |
|||
|
Michigan state
waterways fund |
|
|
273,900 |
|||
|
State general fund/general purpose |
|
$ |
22,157,100 |
|||
|
(11) REVENUE SHARING |
|
|
|
|||
|
City, village,
and township revenue sharing |
|
$ |
261,024,600 |
|||
|
Constitutional
state general revenue sharing grants |
|
|
851,870,300 |
|||
|
County incentive
program |
|
|
43,329,300 |
|||
|
County revenue
sharing |
|
|
183,200,100 |
|||
|
Financially distressed
cities, villages, or townships |
|
|
2,500,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
1,341,924,300 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Sales tax |
|
|
1,341,924,300 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(12) STATE BUILDING AUTHORITY |
|
|
|
|||
|
Full-time equated
classified positions |
3.0 |
|
|
|||
|
State building
authority—FTEs |
3.0 |
$ |
756,700 |
|||
|
GROSS APPROPRIATION |
|
$ |
756,700 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
State building
authority revenue |
|
|
756,700 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(13) CITY INCOME TAX ADMINISTRATION
PROGRAM |
|
|
|
|||
|
Full-time equated
classified positions |
72.0 |
|
|
|||
|
City income tax
administration program—FTEs |
72.0 |
$ |
10,010,200 |
|||
|
GROSS APPROPRIATION |
|
$ |
10,010,200 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Local - city
income tax fund |
|
|
10,010,200 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(14) INFORMATION TECHNOLOGY |
|
|
|
|||
|
Treasury
operations information technology services and projects |
|
$ |
39,216,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
39,216,000 |
|||
|
|
|
|
|
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Appropriated
from: |
|
|
|
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
IDG from MDOT,
Michigan transportation fund |
|
|
408,700 |
|||
|
Federal revenues: |
|
|
|
|||
|
DED-OPSE, federal
lender allowance |
|
|
641,400 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Local - city
income tax fund |
|
|
1,256,000 |
|||
|
Delinquent tax
collection revenue |
|
|
17,971,900 |
|||
|
Marihuana
regulation fund |
|
|
792,000 |
|||
|
Retirement funds |
|
|
804,500 |
|||
|
Tobacco tax
revenue |
|
|
132,200 |
|||
|
State general fund/general purpose |
|
$ |
17,209,300 |
|||
|
(15) ONE-TIME APPROPRIATIONS |
|
|
|
|||
|
Gaming - case handling
and information processing system |
|
$ |
4,025,000 |
|||
|
Blight removal
grants |
|
|
800,000 |
|||
|
Disaster relief |
|
|
24,000,000 |
|||
|
Historic
preservation |
|
|
5,000,000 |
|||
|
School district
debt relief support |
|
|
2,000,000 |
|||
|
School support
staff COVID-19 grants |
|
|
20,000,000 |
|||
|
Teacher COVID-19
grants |
|
|
53,000,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
108,825,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Special revenue
funds: |
|
|
|
|||
|
Fantasy contest
fund |
|
|
225,000 |
|||
|
Internet gaming
fund |
|
|
950,000 |
|||
|
Internet sports
betting fund |
|
|
950,000 |
|||
|
State casino
gaming fund |
|
|
1,900,000 |
|||
|
State general fund/general purpose |
|
$ |
104,800,000 |
|||
|
Sec. 109. DEPARTMENT OF LABOR AND
ECONOMIC OPPORTUNITY |
|
|
|
|||
|
(1) APPROPRIATION SUMMARY |
|
|
|
|||
|
Full-time equated
unclassified positions |
34.5 |
|
|
|||
|
Full-time equated
classified positions |
2,545.4 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
1,625,864,300 |
|||
|
Interdepartmental
grant revenues: |
|
|
|
|||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
0 |
|||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
1,625,864,300 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal
revenues |
|
|
1,138,389,800 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Total local
revenues |
|
|
10,900,000 |
|||
|
Total private
revenues |
|
|
11,317,800 |
|||
|
Total other state
restricted revenues |
|
|
272,389,100 |
|||
|
State general fund/general purpose |
|
$ |
192,867,600 |
|||
|
(2) DEPARTMENTAL ADMINISTRATION AND
SUPPORT |
|
|
|
|||
|
Full-time equated
unclassified positions |
34.5 |
|
|
|||
|
Full-time equated
classified positions |
53.0 |
|
|
|||
|
Unclassified
salaries—FTEs |
34.5 |
$ |
4,073,100 |
|||
|
Executive
direction and operations—FTEs |
53.0 |
|
8,980,400 |
|||
|
Property
management |
|
|
6,054,300 |
|||
|
GROSS APPROPRIATION |
|
$ |
19,107,800 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Appropriated
from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DED, vocational
rehabilitation and independent living |
|
|
3,146,000 |
|||
|
DOL-ETA, unemployment
insurance |
|
|
2,391,200 |
|||
|
DOL, federal
funds |
|
|
3,202,500 |
|||
|
DOL, occupational
safety and health |
|
|
713,800 |
|||
|
Federal funds |
|
|
2,500,000 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Asbestos
abatement fund |
|
|
150,200 |
|||
|
Corporation fees |
|
|
1,571,300 |
|||
|
Michigan state housing
development authority fees and charges |
|
|
622,800 |
|||
|
Private
occupational school fees |
|
|
55,100 |
|||
|
Radiological
health fees |
|
|
284,400 |
|||
|
Safety education
and training fund |
|
|
755,800 |
|||
|
Second injury fund |
|
|
273,000 |
|||
|
Securities fees |
|
|
1,748,700 |
|||
|
Self-insurers
security fund |
|
|
150,000 |
|||
|
Silicosis and
dust disease fund |
|
|
112,700 |
|||
|
Worker’s
compensation administrative revolving fund |
|
|
88,400 |
|||
|
State general fund/general purpose |
|
$ |
1,341,900 |
|||
|
(3) WORKFORCE DEVELOPMENT |
|
|
|
|||
|
Full-time equated
classified positions |
219.0 |
|
|
|||
|
At-risk youth
grants |
|
$ |
3,750,000 |
|||
|
Going pro |
|
|
28,670,700 |
|||
|
High school
equivalency-to-school |
|
|
250,000 |
|||
|
Workforce
development program |
|
|
381,636,000 |
|||
|
Workforce program
administration—FTEs |
219.0 |
|
36,286,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
450,592,700 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DAG, employment
and training |
|
|
4,000,400 |
|||
|
DED-OVAE, adult
education |
|
|
20,000,000 |
|||
|
DED-OVAE, basic
grants to states |
|
|
19,000,000 |
|||
|
DOL, federal
funds |
|
|
107,400,200 |
|||
|
DOL-ETA, workforce
investment act |
|
|
173,488,600 |
|||
|
Federal funds |
|
|
3,440,200 |
|||
|
Social security
act, temporary assistance for needy families |
|
|
63,698,800 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Local revenues |
|
|
500,000 |
|||
|
Private funds |
|
|
5,280,400 |
|||
|
Contingent fund,
penalty and interest account |
|
|
22,108,500 |
|||
|
Defaulted loan
collection fees |
|
|
175,300 |
|||
|
State general fund/general purpose |
|
$ |
31,500,300 |
|||
|
(4) REHABILITATION SERVICES |
|
|
|
|||
|
Full-time equated
classified positions |
668.0 |
|
|
|||
|
Bureau of
services for blind persons—FTEs |
113.0 |
$ |
25,509,200 |
|||
|
Independent
living |
|
|
15,531,700 |
|||
|
Michigan
rehabilitation services—FTEs |
555.0 |
|
134,227,900 |
|||
|
Subregional
libraries state aid |
|
|
451,800 |
|||
|
GROSS APPROPRIATION |
|
$ |
175,720,600 |
|||
|
|
|
|
|
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Appropriated
from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DED, vocational
rehabilitation and independent living |
|
|
126,173,600 |
|||
|
Federal funds |
|
|
1,461,000 |
|||
|
Supplemental
security income |
|
|
8,588,600 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Local - blind
services |
|
|
100,000 |
|||
|
Local - vocational
rehabilitation match |
|
|
5,300,000 |
|||
|
Private - blind
services |
|
|
111,800 |
|||
|
Private - gifts,
bequests, and donations |
|
|
531,500 |
|||
|
Michigan business
enterprise program fund |
|
|
350,000 |
|||
|
Rehabilitation
services fees |
|
|
150,000 |
|||
|
Second injury
fund |
|
|
38,300 |
|||
|
State general fund/general purpose |
|
$ |
32,915,800 |
|||
|
(5) EMPLOYMENT SERVICES |
|
|
|
|||
|
Full-time equated
classified positions |
376.4 |
|
|
|||
|
Bureau of
employment relations—FTEs |
22.0 |
$ |
4,452,000 |
|||
|
Compensation
supplement fund |
|
|
820,000 |
|||
|
First responder presumed
coverage claims |
|
|
4,000,000 |
|||
|
Insurance funds
administration—FTEs |
23.0 |
|
4,725,500 |
|||
|
Michigan
occupational safety and health administration—FTEs |
197.0 |
|
30,425,700 |
|||
|
Office of global
Michigan—FTEs |
11.0 |
|
29,249,400 |
|||
|
Private and
occupational distance learning—FTEs |
3.0 |
|
852,900 |
|||
|
Radiation safety
section—FTEs |
21.4 |
|
3,429,500 |
|||
|
Wage and hour program—FTEs |
29.0 |
|
3,992,900 |
|||
|
Workers’
compensation board of magistrates—FTEs |
10.0 |
|
2,243,900 |
|||
|
Workers’
disability compensation agency—FTEs |
56.0 |
|
8,217,800 |
|||
|
Workers’
disability compensation appeals commission—FTEs |
4.0 |
|
348,800 |
|||
|
GROSS APPROPRIATION |
|
$ |
92,758,400 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DOL, occupational
safety and health |
|
|
12,385,300 |
|||
|
HHS, mammography
quality standards |
|
|
513,300 |
|||
|
HHS, refugee
assistance program fund |
|
|
28,769,000 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Asbestos
abatement fund |
|
|
833,500 |
|||
|
Corporation fees |
|
|
10,248,300 |
|||
|
Distance
education fund |
|
|
364,800 |
|||
|
First responder
presumed coverage fund |
|
|
4,000,000 |
|||
|
Private
occupational school license fees |
|
|
488,100 |
|||
|
Radiological
health fees |
|
|
2,916,200 |
|||
|
Safety education
and training fund |
|
|
10,416,200 |
|||
|
Second injury
fund |
|
|
2,394,200 |
|||
|
Securities fees |
|
|
10,580,400 |
|||
|
Self-insurers
security fund |
|
|
1,626,600 |
|||
|
Silicosis and
dust disease fund |
|
|
704,700 |
|||
|
Worker’s
compensation administrative revolving fund |
|
|
1,875,100 |
|||
|
State general fund/general purpose |
|
$ |
4,642,700 |
|||
|
(6) UNEMPLOYMENT |
|
|
|
|||
|
Full-time equated
classified positions |
744.0 |
|
|
|||
|
Unemployment
insurance agency—FTEs |
736.0 |
$ |
293,478,900 |
|||
|
Unemployment
insurance agency - advocacy assistance |
|
|
1,500,000 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Unemployment
insurance appeals commission—FTEs |
8.0 |
|
4,384,900 |
|||
|
GROSS APPROPRIATION |
|
$ |
299,363,800 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DOL-ETA,
unemployment insurance |
|
|
276,626,400 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Contingent fund,
penalty and interest account |
|
|
22,737,400 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(7) COMMISSIONS |
|
|
|
|||
|
Full-time equated
classified positions |
17.0 |
|
|
|||
|
Asian Pacific
American affairs commission—FTE |
1.0 |
$ |
137,400 |
|||
|
Commission on
Middle Eastern American affairs—FTE |
1.0 |
|
125,000 |
|||
|
Hispanic/Latino
commission of Michigan—FTE |
1.0 |
|
295,800 |
|||
|
Michigan
community service commission—FTEs |
14.0 |
|
11,835,800 |
|||
|
GROSS APPROPRIATION |
|
$ |
12,394,000 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
10,826,000 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Private - gifts, bequests,
and donations |
|
|
44,100 |
|||
|
State general fund/general purpose |
|
$ |
1,523,900 |
|||
|
(8) INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information
technology services and projects |
|
$ |
29,579,800 |
|||
|
GROSS APPROPRIATION |
|
$ |
29,579,800 |
|||
|
Appropriated
from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DED, vocational
rehabilitation and independent living |
|
|
3,141,200 |
|||
|
DOL-ETA,
unemployment insurance |
|
|
22,867,300 |
|||
|
DOL, occupational
safety and health |
|
|
373,100 |
|||
|
Special revenue
funds: |
|
|
|
|||
|
Asbestos
abatement fund |
|
|
35,400 |
|||
|
Corporation fees |
|
|
290,000 |
|||
|
Distance
education fund |
|
|
5,600 |
|||
|
Private occupational
school license fees |
|
|
21,900 |
|||
|
Radiological
health fees |
|
|
143,300 |
|||
|
Safety education
and training fund |
|
|
404,200 |
|||
|
Second injury
fund |
|
|
364,100 |
|||
|
Securities fees |
|
|
912,800 |
|||
|
Self-insurers
security fund |
|
|
258,700 |
|||
|
Silicosis and
dust disease fund |
|
|
78,400 |
|||
|
State general fund/general purpose |
|
$ |
683,800 |
|||
|
(9) MICHIGAN STRATEGIC FUND |
|
|
|
|||
|
Full-time equated
classified positions |
174.0 |
|
|
|||
|
Administrative
services—FTEs |
37.0 |
$ |
3,143,500 |
|||
|
Arts and cultural
program |
|
|
9,500,000 |
|||
|
Business
attraction and community revitalization |
|
|
100,000,000 |
|||
|
Community college
skilled trades equipment program debt service |
|
|
4,600,000 |
|||
|
Community
development block grants |
|
|
62,000,000 |
|||
|
Entrepreneurship
ecosystem |
|
|
15,650,000 |
|||
|
Facility for rare
isotope beams |
|
|
7,300,000 |
|||
|
Job creation
services—FTEs |
137.0 |
|
22,268,100 |
|||
|
Lighthouse
preservation program |
|
|
307,500 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Pure Michigan |
|
|
25,000,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
249,769,100 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
HUD-CPD community development block grant |
|
|
64,773,300 |
|||
|
NFAH-NEA, promotion of the arts, partnership agreements |
|
|
1,050,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Local promotion fund |
|
|
5,000,000 |
|||
|
Private - Michigan council for the arts fund |
|
|
100,000 |
|||
|
Private - special project advances |
|
|
250,000 |
|||
|
Private promotion fund |
|
|
5,000,000 |
|||
|
21st century jobs trust fund |
|
|
75,000,000 |
|||
|
Contingent fund, penalty and interest account |
|
|
4,600,000 |
|||
|
Michigan lighthouse preservation fund |
|
|
307,500 |
|||
|
Michigan state housing development authority fees and charges |
|
|
4,717,900 |
|||
|
State general fund/general purpose |
|
$ |
88,970,400 |
|||
|
(10) STATE LAND BANK AUTHORITY |
|
|
|
|||
|
Full-time equated classified positions |
9.0 |
|
|
|||
|
State land bank authority—FTEs |
9.0 |
$ |
4,343,900 |
|||
|
GROSS APPROPRIATION |
|
$ |
4,343,900 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal revenues |
|
|
1,000,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Land bank fast track fund |
|
|
3,343,900 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(11) MICHIGAN STATE HOUSING
DEVELOPMENT AUTHORITY |
|
|
|
|||
|
Full-time equated classified positions |
273.0 |
|
|
|||
|
Housing and rental assistance—FTEs |
273.0 |
$ |
46,903,200 |
|||
|
Michigan state housing development authority technology services and
projects |
|
|
3,699,300 |
|||
|
Payments on behalf of tenants |
|
|
166,860,000 |
|||
|
Property management |
|
|
3,482,900 |
|||
|
GROSS APPROPRIATION |
|
$ |
220,945,400 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
HUD, lower income housing assistance |
|
|
166,860,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Michigan state housing development authority fees and charges |
|
|
54,085,400 |
|||
|
State general fund/general purpose |
|
$ |
0 |
|||
|
(12) ONE-TIME APPROPRIATIONS |
|
|
|
|||
|
Full-time equated classified positions |
12.0 |
|
|
|||
|
Coronavirus relief fund grants |
|
$ |
10,000,000 |
|||
|
Michigan enhancement grants |
|
|
31,288,800 |
|||
|
Michigan reconnect grant program—FTEs |
12.0 |
|
30,000,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
71,288,800 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Coronavirus relief fund |
|
|
10,000,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Talent investment fund |
|
|
30,000,000 |
|||
|
State general fund/general purpose |
|
$ |
31,288,800 |
|||
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201. (1)
Pursuant to section 30 of article IX of the state constitution of 1963, total
state spending from state sources under part 1 for fiscal year 2020-2021 is
$3,729,841,500.00 and state spending from state sources to be paid to local
units of government for fiscal year 2020-2021 is $1,629,433,100.00. The
itemized statement below identifies appropriations from which spending to local
units of government will occur:
|
DEPARTMENT OF STATE |
|
|
|
|
Fees to local units |
|
$ |
34,500 |
|
Motorcycle safety grants |
|
|
1,007,300 |
|
Subtotal |
|
$ |
1,041,800 |
|
DEPARTMENT OF TREASURY |
|
|
|
|
Airport parking distribution pursuant to section 909 |
|
$ |
27,000,000 |
|
City, village, and township revenue sharing |
|
|
261,024,600 |
|
Constitutional state general revenue sharing grants |
|
|
851,870,300 |
|
Convention facility development fund distribution |
|
|
107,887,900 |
|
County incentive program |
|
|
43,329,300 |
|
County revenue sharing payments |
|
|
183,200,100 |
|
Emergency 9-1-1 payments |
|
|
48,800,000 |
|
Financially distressed cities, villages, or townships |
|
|
2,500,000 |
|
Health and safety fund grants |
|
|
1,500,000 |
|
Recreational marihuana grants |
|
|
23,400,000 |
|
Payments in lieu of taxes |
|
|
27,992,200 |
|
Senior citizen cooperative housing tax exemption |
|
|
10,771,700 |
|
Subtotal |
|
$ |
1,589,276,100 |
|
DEPARTMENT OF LABOR AND ECONOMIC OPPORTUNITY |
|
|
|
|
Going pro |
|
$ |
27,170,700 |
|
Welfare-to-work programs |
|
|
10,680,000 |
|
Michigan rehabilitation services |
|
|
262,200 |
|
Michigan community service commission |
|
|
2,300 |
|
Arts and cultural program |
|
|
1,000,000 |
|
Subtotal |
|
$ |
39,115,200 |
|
TOTAL |
|
$ |
1,629,433,100 |
(2)
Pursuant to section 30 of article IX of the
state constitution of 1963, total state spending from state sources for fiscal
year 2020-2021 is estimated at $35,359,071,900.00 in the 2020-2021
appropriations acts and total state spending from state sources paid to local
units of government for fiscal year 2020-2021 is estimated at
$19,907,429,900.00. The state-local proportion is $19,907,429,900.00 estimated
at 56.3% of total state spending from state sources.
(3) If
payments to local units of government and state spending from state sources for
fiscal year 2020‑2021 are different than the amounts estimated in
subsection (2), the state budget director shall report the payments to local
units of government and state spending from state sources that were made for
fiscal year 2020-2021 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-closing for
fiscal year 2020-2021.
Sec. 202. The
appropriations authorized under this part and part 1 are subject to the
management and budget act, 1984 PA 431,
Sec. 203. As
used in this part and part 1:
(a) “ATM”
means automated teller machine.
(b) “COBRA”
means the consolidated omnibus budget reconciliation act of 1985, Public Law
99-272, 100 Stat 82.
(c) “DAG”
means the United States Department of Agriculture.
(d) “DED”
means the United States Department of Education.
(e) “DED-OESE”
means the DED Office of Elementary and Secondary Education.
(f) “DED-OPSE”
means the DED Office of Postsecondary Education.
(g) “DED-OVAE”
means the DED Office of Vocational and Adult Education.
(h) “DOE-OEERE”
means the United States Department of Energy, Office of Energy Efficiency and
Renewable Energy.
(i) “DOL” means the United States Department of Labor.
(j) “DOL-ETA” means the United States Department of Labor,
Employment and Training Administration.
(k) “EEOC” means the United States Equal Employment
Opportunity Commission.
(l) “FTE” means full-time equated.
(m) “Fund” means the Michigan strategic fund.
(n) “GEAR-UP” means gaining early awareness and readiness for
undergraduate programs.
(o) “GED” means a general educational development
certificate.
(p) “GF/GP” means general fund/general purpose.
(q) “HHS” means the United States Department of Health and
Human Services.
(r) “HHS-OS” means the HHS Office of the Secretary.
(s) “HHS-SSA” means the HHS Social Security Administration.
(t) “HUD” means the United States Department of Housing and
Urban Development.
(u) “HUD-CPD” means the United States Department of Housing
and Urban Development - Community Planning and Development.
(v) “IDG” means interdepartmental grant.
(w) “JCOS” means the joint capital outlay subcommittee.
(x) “MAIN” means the Michigan administrative information
network.
(y) “MCL” means the Michigan Compiled Laws.
(z) “MDE” means the Michigan department of education.
(aa) “MDEGLE” means the Michigan department of environment,
Great Lakes, and energy.
(bb) “MDHHS” means the Michigan department of health and
human services.
(cc) “MDLARA” means the Michigan department of licensing and
regulatory affairs.
(dd) “MDLEO” means the Michigan department of labor and
economic opportunity.
(ee) “MDMVA” means the Michigan department of military and
veterans affairs.
(ff) “MDOT” means the Michigan department of transportation.
(gg) “MDSP” means the Michigan department of state police.
(hh) “MDTMB” means the Michigan department of technology,
management, and budget.
(ii) “MEDC” means the Michigan economic development
corporation, which is the public body corporate created under section 28 of
article VII of the state constitution of 1963 and the urban cooperation act of
1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by contractual interlocal
agreement effective April 5, 1999, between local participating economic
development corporations formed under the economic development corporations
act, 1974 PA 338, MCL 125.1601 to 125.1636, and the Michigan strategic fund.
(jj) “MEGA” means the Michigan economic growth authority.
(kk) “MFA” means the Michigan finance authority.
(ll) “MPE” means the Michigan public employees.
(mm) “MSF” means the Michigan strategic fund.
(nn) “MSHDA” means the Michigan state housing development
authority.
(oo) “NERE” means nonexclusively represented employees.
(pp) “NFAH-NEA” means the National Foundation of the Arts and
the Humanities - National Endowment for the Arts.
(qq) “PA” means public act.
(rr) “PATH” means Partnership. Accountability. Training.
Hope.
(ss) “RFP” means a request for a proposal.
(tt) “SEIU” means Service Employees International Union.
(uu) “SIGMA” means statewide integrated governmental
management applications.
(vv) “WDA” means the workforce development agency.
(ww) “WIC” means women, infants, and children.
Sec. 204. The departments and agencies shall use the internet
to fulfill the reporting requirements of this part. This requirement may
include transmission of reports via electronic mail to the recipients
identified for each reporting requirement, and it shall include placement of
reports on an internet site.
Sec. 205. 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 shall not be used for the
purchase of foreign goods or services, or both, if competitively priced and of
comparable quality American goods or services, or both, are available.
(b) Preference shall be given to goods or services, or both,
manufactured or provided by Michigan businesses, if they are competitively
priced and of comparable quality.
(c) Preference should be given to goods or services, or both,
that are manufactured or provided by Michigan businesses owned and operated by
veterans, if they are competitively priced and of comparable quality.
Sec. 206. The
department shall not take disciplinary action against an employee of the
department or an agency within the department who is 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. 207. For
the purposes of implementing section 217 of the management and 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 of each year. The travel report shall be a listing of all travel by
classified and unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with funds
appropriated in the department’s budget. The report shall be submitted to the
house and senate appropriations committees, the chairpersons of the relevant appropriations
subcommittees, the house and senate fiscal agencies, and the state budget
director. The report shall include the following information:
(a) The dates
of each travel occurrence.
(b) The total
transportation and related costs of each travel occurrence, including the
proportion funded with state GF/GP revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues, and the
proportion funded with other revenues.
Sec. 208.
Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec. 209. Not
later than November 30, the state budget office shall prepare and transmit a
report that provides for estimates of the total GF/GP appropriation lapses at
the close of the prior fiscal year. This report shall summarize the projected
year-end GF/GP appropriation lapses by major departmental program or program
areas. The report shall be transmitted to the chairpersons of the senate and
house appropriations committees and the senate and house fiscal agencies.
Sec. 210. (1)
Pursuant to section 352 of the management and budget act, 1984 PA 431, MCL
18.1352, which provides for a transfer of state general fund revenue into or
out of the countercyclical budget and economic stabilization fund, the
calculations required by section 352 of the management and budget act, 1984 PA
431, MCL 18.1352, are determined as follows:
|
|
2019 |
2020 |
2021 |
|
Michigan personal
income (millions) |
$502,540 |
$513,596 |
$503,324 |
|
less:
transfer payments |
105,366 |
140,870 |
113,775 |
|
Subtotal |
$397,174 |
$372,726 |
$389,549 |
|
Divided by: Detroit
Consumer Price |
|
|
|
|
Index for 12
months ending December 31 |
2.353 |
2.353 |
2.378 |
|
Equals: real
adjusted Michigan |
|
|
|
|
personal
income |
$168,819 |
$158,393 |
$163,786 |
|
Percentage change |
N/A |
-6.2% |
3.4% |
|
Growth rate in
excess of 2%? |
N/A |
0.0% |
1.4% |
|
Equals: countercyclical
budget and |
|
|
|
|
economic
stabilization fund pay-in |
|
|
|
|
calculation
for the fiscal year ending |
|
|
|
|
September
30, 2021 (millions) |
N/A |
NO |
NO |
|
Growth rate less
than 0%? |
N/A |
YES |
NO |
|
Equals:
countercyclical budget and |
|
|
|
|
economic
stabilization fund pay-out |
|
|
|
|
calculation
for the fiscal year ending |
|
|
|
|
September
30, 2020 (millions) |
N/A |
|
$287.2 |
(2)
Notwithstanding subsection (1), there is appropriated for the fiscal year
ending September 30, 2021, from GF/GP revenue for
deposit into the countercyclical budget and economic stabilization fund the sum
of $35,000,000.00.
(3) In
addition to the appropriation to the countercyclical budget and economic
stabilization fund in subsection (2), there is appropriated to the
countercyclical budget and economic stabilization fund for the fiscal year
ending September 30, 2021, from general fund/general purpose an amount equal to
100% of the fiscal year 2019-2020 general fund/general purpose unassigned fund
balance recorded as part of the state book-closing process for the 2019-2020
fiscal year.
Sec. 211. The
departments and agencies shall cooperate with the MDTMB to maintain a
searchable website that is updated at least quarterly and that is accessible by
the public at no cost that includes, but is not limited to, all of the
following for each department or agency:
(a) Fiscal
year-to-date expenditures by category.
(b) Fiscal
year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date
payments to a selected vendor, including the vendor name, payment date, payment
amount, and payment description.
(d) The number
of active department employees by job classification.
(e) Job
specifications and wage rates.
Sec. 212.
Within 14 days after the release of the executive budget recommendation, the
departments and agencies receiving appropriations in part 1 shall cooperate
with the state budget director to provide the chairs of the senate and house of
representatives standing committees on appropriations, the chairs of the senate
and house of representatives standing committees on appropriations
subcommittees on general government, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the prior 2 fiscal years.
Sec. 213. The
departments and agencies receiving appropriations in part 1 shall maintain, on
a publicly accessible website, a department or agency scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department’s or agency’s performance.
Sec. 215. To
the extent permissible under the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, the director of each department and agency receiving
appropriations in part 1 shall take all reasonable steps to ensure businesses
in deprived and depressed communities compete for and perform contracts to
provide services or supplies, or both. Each director shall strongly encourage
firms with which the department contracts to subcontract with certified
businesses in depressed and deprived communities for services, supplies, or
both.
Sec. 216. (1)
On a quarterly basis, the departments and agencies receiving appropriations in
part 1 shall report to the senate and house appropriations committees, the
senate and house appropriations subcommittees on the department budget, and the
senate and house fiscal agencies the following information:
(a) The number
of FTEs in pay status by type of staff and civil service classification.
(b) A
comparison by line item of the number of FTEs authorized from funds
appropriated in part 1 to the actual number of FTEs employed by the department
at the end of the reporting period.
(2) By April 1
of the current fiscal year and semiannually thereafter, the department or
agency shall report to the senate and house appropriations committees, the
senate and house appropriations subcommittees on the department budget, and the
senate and house fiscal agencies the following information:
(a) Number of
employees that were engaged in remote work in 2020.
(b) Number of
employees authorized to work remotely and the actual number of those working
remotely in the current reporting period.
(c) Estimated
net cost savings achieved by remote work.
(d) Reduced
use of office space associated with remote work.
Sec. 217.
Appropriations in part 1 shall, to the extent possible by the departments and
agencies, not be expended until all existing work project authorization
available for the same purposes is exhausted.
Sec. 218. If
the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3,
transfers funds from an amount appropriated under this article, the legislature
may, by a concurrent resolution adopted by a majority of the members elected to
and serving in each house, intertransfer funds within this article for the
particular department, board, commission, officer, or institution.
Sec. 219. The
departments and agencies receiving appropriations in part 1 shall receive and
retain copies of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records shall be
followed. The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 220. Each
department and agency shall report no later than April 1 on each specific
policy change made to implement a public act affecting the department that took
effect during the prior calendar year to the senate and house of
representatives standing committees on appropriations subcommittees on general
government, the joint committee on administrative rules, and the senate and
house fiscal agencies.
Sec. 221.
General fund appropriations in part 1 shall not be expended for items in cases
where federal funding or private grant funding is available for the same
expenditures.
Sec. 222. From
October 1, 2020 through January 31, 2021, the state budget director shall
provide written notification to the senate and house appropriations committees
and the senate and house fiscal agencies on any changes in work planned
spending categories for work projects containing coronavirus relief funds for
the fiscal year ending September 30, 2020 prior to expenditures occurring from
new or increased spending categories.
Sec. 223. Any
coronavirus relief funds appropriated in part 1 for which expenditures have not
been incurred as of December 30, 2020 are unappropriated and immediately
reappropriated for deposit into the unemployment compensation fund established
under section 26 of the Michigan employment security act, 1936 (Ex Sess) PA 1,
MCL 421.26, to support costs incurred from March 1, 2020 through December 30,
2020 due to the COVID-19 public health emergency.
Sec. 224.
Funds appropriated in part 1 shall not be used by this state, a department, an
agency, or an authority of this state to purchase an ownership interest in a
casino enterprise or a gambling operation as those terms are defined in the
Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 432.201 to 432.226.
Sec. 229. (1)
If the office of the auditor general has identified an initiative or made a
recommendation that is related to savings and efficiencies in an audit report
for an executive branch department or agency, the department or agency shall
report within 6 months of the release of the audit on their efforts and
progress made toward achieving the savings and efficiencies identified in the
audit report. The report shall be submitted to the chairs of the senate and
house of representatives standing committees on appropriations, the chairs of
the senate and house of representatives standing committees with jurisdiction
over matters relating to the department that is audited, and the senate and
house fiscal agencies.
(2) If the
office of the auditor general does not receive the required report regarding initiatives related to savings and
efficiencies within the 6-month time frame, the office of the auditor general
may charge noncompliant executive branch departments and agencies for the cost
of performing a subsequent audit to ensure that the initiatives related to
savings and efficiencies have been implemented.
Sec. 235. By
April 1, the state budget director shall submit a report to the senate and
house appropriations committees, the chairpersons of the relevant
appropriations subcommittees, and the senate and house fiscal agencies. The
report shall recommend a contingency plan for each federal funding source
included in the state budget of $10,000,000.00 or more in the event that the
federal government reduces funding to the state through that source by 10% or
greater.
Sec. 237. All
information technology projects funded by appropriations in part 1 must utilize
information technology project management best practices and services as
defined or recommended by the enterprise portfolio management office of MDTMB
and comply with the requirements of the state unified information technology
environment methodology as it applies to all information technology project
management processes.
Sec. 240. (1)
Concurrently with the submission of the fiscal year 2021-2022 executive budget
recommendations, the state budget office shall provide the senate and house
appropriations committees, the chairpersons of the relevant appropriations
subcommittees, the senate and house fiscal agencies, and the policy offices a
report that lists each new program or program enhancement for which funds in
excess of $500,000.00 are appropriated in part 1 of each departmental
appropriation act.
(2) By July 1
of the current fiscal year, the state budget director and the chairs of the
senate and house appropriations committees shall identify new programs or
program enhancements identified under subsection (1) for measurement using
program–specific metrics, in addition to the metrics required under section 447
of the management and budget act, 1984 PA 431, MCL 18.1447.
(3) By
September 30 of the next fiscal year, the state budget office shall provide a
report on the specific metrics and the progress in meeting the estimated
performance for each program identified under subsection (2) to the senate and
house appropriations committees, the senate and house appropriations
subcommittees on each state department, and the senate and house fiscal
agencies and policy offices. It is the intent of the legislature that the
governor consider the estimated performance of the new program or program
enhancement as the basis for any increase in funds appropriated from the prior
year.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. (1)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $750,000.00 for federal contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in part 1 under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(2) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $750,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $50,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $50,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 302. (1)
The attorney general shall perform all legal services, including representation
before courts and administrative agencies rendering legal opinions and
providing legal advice to a principal executive department or state agency. A principal
executive department or state agency shall not employ or enter into a contract
with any other person for services described in this section.
(2) The
attorney general shall defend judges of all state courts if a claim is made or
a civil action is commenced for injuries to persons or property caused by the
judge through the performance of the judge’s duties while acting within the
scope of his or her authority as a judge.
(3) The
attorney general shall perform the duties specified in 1846 RS 12,
Sec. 303. The
attorney general may sell copies of the biennial report in excess of the 350
copies that the attorney general may distribute on a gratis basis. Gratis copies
shall not be provided to members of the legislature. Electronic copies of
biennial reports shall be made available on the department of attorney general’s
website. The attorney general shall sell copies of the report at not less than
the actual cost of the report and shall deposit the money received into the
general fund.
Sec. 304. The
department of attorney general is responsible for the legal representation for
state of Michigan state employee worker’s disability compensation cases. The
risk management revolving fund revenue appropriation in part 1 is to be
satisfied by billings from the department of attorney general for the actual
costs of legal representation, including salaries and support costs.
Sec. 305. In
addition to the funds appropriated in part 1, not more than $400,000.00 shall
be reimbursed per fiscal year for food stamp fraud cases heard by the third
circuit court of Wayne County that were initiated by the department of attorney
general pursuant to the existing contract between the department of health and
human services, the Prosecuting Attorneys Association of Michigan, and the
department of attorney general. The source of this funding is money earned by
the department of attorney general under the agreement after the allowance for
reimbursement to the department of attorney general for costs associated with
the prosecution of food stamp fraud cases. It is recognized that the federal
funds are earned by the department of attorney general for its documented
progress on the prosecution of food stamp fraud cases according to the United
States Department of Agriculture regulations and that, once earned by this
state, the funds become state funds.
Sec. 306. Any
proceeds from a lawsuit initiated by or settlement agreement entered into on
behalf of this state against a manufacturer of tobacco products by the attorney
general are state funds and are subject to appropriation as provided by law.
Sec. 307. (1) In addition to the antitrust revenues in part 1, antitrust,
securities fraud, consumer protection or class action enforcement revenues, or
attorney fees recovered by the department, not to exceed $250,000.00, are
appropriated to the department for antitrust, securities fraud, and consumer
protection or class action enforcement cases.
(2) Any unexpended
funds from antitrust, securities fraud, or consumer protection or class action
enforcement revenues at the end of the fiscal year, including antitrust funds
in part 1, may be carried forward for expenditure in the following fiscal year
up to the maximum authorization of $250,000.00.
(3) The
attorney general’s office shall make available upon request information
detailing the amount of revenue from subsection (1) recovered by the attorney
general, including a description of the source of the revenue and the
carryforward amount.
Sec. 308. (1)
In addition to the funds appropriated in part 1, there is appropriated up to
$500,000.00 from litigation expense reimbursements awarded to the state.
(2) The funds
may be expended for the payment of court judgments, settlements, arbitration awards
or other administrative and litigation decisions, attorney fees, and litigation
costs, assessed against the office of the governor, the department of the
attorney general, the governor, or the attorney general when acting in an
official capacity as the named party in litigation against the state. The funds
may also be expended for the payment of state costs incurred under section 16
of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16.
(3) Unexpended
funds at the end of the fiscal year may be carried forward for expenditure in
the following year, up to a maximum authorization of $250,000.00.
Sec. 309. (1)
From the prisoner reimbursement funds appropriated in part 1, the department
may spend up to $556,100.00 on activities related to the state correctional
facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. In addition to
the funds appropriated in part 1, if the department collects in excess of
$1,131,000.00 in gross annual prisoner reimbursement receipts provided to the general
fund, the excess, up to a maximum of $1,000,000.00, is appropriated to the
department of attorney general and may be spent on the representation of the
department of corrections and its officers, employees, and agents, including,
but not limited to, the defense of litigation against the state, its
departments, officers, employees, or agents in civil actions filed by
prisoners.
(2) The attorney general’s office shall make available upon
request information on the dollar amount of prisoner reimbursements collected
from subsection (1) and descriptions of all expenditures made from the
reimbursements, including what activities related to the state correctional
facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406, funds were
spent on.
Sec. 309a. Not later than March 1, the department of attorney
general must report to the house and senate appropriations subcommittees with
jurisdiction over the budget of the department of corrections, and the house
and senate fiscal agencies, the total amount of reimbursements received under
section 6 of the state correctional facility reimbursement act, 1935 PA 253,
MCL 800.406, the amount paid to conduct the investigations from these
reimbursements, and the amount credited to the general fund from these reimbursements.
Sec. 310. (1) For the purposes of providing title IV-D child
support enforcement funding, the attorney general shall maintain a cooperative
agreement with the department of health and human services, as the state IV-D
agency, for federal IV-D funding to support the child support enforcement
activities within the office of the attorney general.
(2) The attorney general or his or her designee shall, to the
extent allowable under federal law, have access to any information used by the
state to locate parents who fail to pay court-ordered child support.
Sec. 312. The department of attorney general shall not
receive and expend funds in addition to those authorized in part 1 for legal
services provided specifically to other state departments or agencies except
for costs for expert witnesses, court costs, or other nonsalary litigation
expenses associated with a pending legal action.
Sec. 313. The department of attorney general must submit a
quarterly report to the house and senate standing committees on appropriations,
the house and senate appropriations subcommittees on general government, the
house and senate fiscal agencies, and the state budget office, regarding the
lawsuit settlement proceeds fund that includes all of the following:
(a) The total amount of revenue deposited into the lawsuit
settlement proceeds fund in the current fiscal year delineated by case.
(b) The total amount appropriated from the lawsuit settlement
proceeds fund in the current fiscal year delineated by appropriation.
(c) Earned settlement proceeds that are anticipated but not
yet deposited into the fund delineated by case.
(d) Any known potential settlement amounts from cases that
have not been decided, delineated by case.
Sec. 314. (1) From the lawsuit settlement proceeds fund appropriated
in part 1, the department may spend the funds for the costs of all associated
expenses related to the declaration of emergency due to drinking water
contamination up to $2,643,900.00.
(2) The attorney general’s office must submit a quarterly
report to the house and senate standing committees on appropriations, the house
and senate appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget director, detailing how funds in
subsection (1) and all other currently and previously budgeted funds associated
with legal costs pertaining to the Flint water declaration of emergency were
expended. The report must itemize expenditures by case, purpose, hourly rate of
retained attorney, and department involved.
(3) As a condition of receiving funds appropriated in part 1,
the attorney general must not retain the services of an outside counsel
associated with the declaration of emergency due to drinking water
contamination at an hourly rate of more than $250.00 unless all reporting
requirements under subsection (2) are satisfied.
Sec. 315. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September 30, 2021 are
$18,984,500.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $9,109,000.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$9,875,500.00.
Sec.
316. (1) From the funds appropriated in part 1 for sexual assault law enforcement
efforts, the department shall use the funds for testing of backlogged sexual
assault kits across this state. The funding provided in part 1 shall be
distributed in the following order of priority:
(a) To
eliminate all county sexual assault kit backlogs across this state.
(b) To
assist local prosecutors with investigations and prosecutions of viable cases.
(c) To
provide victim services.
(2) The
department of the attorney general shall provide a report by February 1. The
report shall include the following information:
(a) The
number of sexual assault kits across this state that remain untested as of
January 31.
(b) A
detailed work plan outlining the department’s action plan to eliminate all
outstanding sexual assault kits and the time frame for completion of testing of
all untested sexual assault kits.
(c) A detailed work and spending plan
outlining anticipated litigation action and expenditures resulting from
findings of the sexual assault kit testing. The report shall be submitted to
the state budget office, the senate and house fiscal agencies, and the senate
and house of representatives standing committees on appropriations
subcommittees on general government.
(3) Any funds remaining after the department
has met the obligations required under subsection (1) may be used for the
purpose of retesting any previously tested sexual assault kits across this
state using currently available DNA testing. Funds only may be used for DNA
testing on previously tested kits that were not tested for DNA. If there are remaining
untested sexual assault kits on January 31, 2021, funds appropriated in part 1
shall only be used for the testing of those kits.
Sec. 317. (1) The department of attorney
general shall report all legal costs and associated expenses related to the declaration
of emergency due to drinking water contamination, and the investigations and
any resulting prosecutions, for publication in the Flint water
emergency-financial and activities tracking and reporting document that is
posted by the state budget director on the public website,
michigan.gov/flintwater. The tracking and reporting documents shall include the
budget line item source for each expenditure.
(2) At the conclusion of all attorney general
investigations related to the declaration of emergency due to drinking water
contamination, all materials related to any investigations shall be preserved
pursuant to applicable document retention policies.
Sec. 319. From
the funds appropriated in part 1, the attorney general shall provide a
quarterly report on the wrongful imprisonment compensation fund to the
chairpersons of the appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director. The report
shall include at least the following:
(a) All payments
made from the wrongful imprisonment fund in each prior quarter of the fiscal
year, and the total of those payments, including if each payment is part of a
new settlement or part of an installment plan.
(b) Total
payments made from each prior fiscal year and the total of all payments to
date.
(c) Any
settlements that have been decided but have yet to receive a payment.
(d) The number
of known cases seeking a settlement, but do not have a final judgment, and the
dollar amount of each potential payment for these known cases, and the total of
these payments.
(e) The
balance of the wrongful imprisonment fund at the end of the previous quarter.
Sec. 320. From
the funds appropriated in part 1, the department of attorney general shall do
all of the following:
(a) Notify the
appropriation chairs and fiscal agencies of all lawsuit settlements with a
fiscal impact of $2,000,000.00 or more no later than 10 days after a settlement
is reached. It is the intent of the legislature that any lawsuit settlement
must take into consideration the potential cost and tax dollar impact to
Michigan taxpayers as part of the settlement negotiations process.
(b) Not enter
into any lawsuit that is contrary to the laws of this state.
(c) Enforce
the laws of this state.
Sec. 321. Upon
entering into a lawsuit against the federal government, either on this state’s
own accord or accompanied by other states, the department of attorney general
must submit a notification of the lawsuit filing to the chairpersons of the
house and senate appropriations subcommittees on general government. The
notification must include an estimate of all financial costs to this state for
participating in the legal action.
Sec. 322. (1)
The department must provide a quarterly report to the chairpersons of the
appropriations subcommittees on general government, the house and senate fiscal
agencies, and the state budget director on the total dollar expenditure amount
related to each of the following department initiatives and activities:
(a) Catholic
church investigation.
(b) Elder
abuse task force.
(c) Conviction
integrity unit.
(d) Opioid
litigation.
(e) Hate
crimes unit.
(f) Michigan
State University investigation.
(g) PFAS
contamination.
(h) Human trafficking.
(i) Robocall
enforcement.
(2) For each
expenditure required under subsection (1) the report must include the dollar
amount spent by line item appropriation and fund source.
DEPARTMENT OF CIVIL RIGHTS
Sec. 401. (1)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $1,000,000.00 for federal contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $375,000.00 for private contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
Sec. 402. (1) In addition to the appropriations contained in
part 1, the department of civil rights may receive and expend funds from local
and private sources, up to a combined total of $85,000.00, for all of the
following purposes:
(a) Developing and presenting training for employers on equal
employment opportunity law and procedures.
(b) The publication and sale of civil rights related
informational material.
(c) The provision of copy material made available under
freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation
processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs
consistent with the programmatic mission of the individual unit sponsoring or
coordinating the programs.
(g) Staffing costs for all activities included in this
subsection.
(2) The department of civil rights shall annually report to
the state budget director, the senate and house of representatives standing
committees on appropriations, the chairpersons of the relevant appropriations
subcommittees, and the senate and house fiscal agencies the amount of funds
received and expended for purposes authorized under this section.
Sec. 403. The department of civil rights may contract with
local units of government to review equal employment opportunity compliance of
potential contractors and may charge for and expend amounts received from local
units of government for the purpose of developing and providing these
contractual services.
Sec. 404. (1) The department of civil rights shall prepare
and transmit a detailed report that includes, but is not limited to, the
following information for the most recent fiscal year:
(a) A detailed description of the department operations.
(b) A detailed description of all subunits within the
department, including FTE positions associated with each subunit,
responsibilities of each subunit, and all revenues and expenditures for each
subunit.
(c) The number of complaints by type of complaint.
(d) The average cost of, and time expended, investigating
complaints.
(e) The percentage of complaints that are meritorious and
worthy of investigation or settlement and the percentage of complaints that
have no merit.
(f) A listing of amounts awarded to claimants.
(g) Expenditures associated with complaint investigation and
enforcement.
(h) A listing of complaint investigations closed per FTE
position for each of the past 5 years.
(i) A listing of complaint evaluations completed per FTE
position for each of the past 5 years.
(j) Productivity projections for the current fiscal year,
including investigations closed per FTE, complaint evaluations completed per
FTE, and average time expended investigating complaints.
(k) Revenues and expenditures associated with section 403 of
this part by local unit.
(2) The report required under subsection (1) shall be posted
online and transmitted electronically not later than November 30 to the state
budget director, the chairpersons of the senate and house of representatives
standing committees on appropriations, the senate and house appropriations
subcommittees on general government, and the senate and house fiscal agencies.
Sec. 405. The department of civil rights shall notify the
state budget office, senate and house of representatives standing committees on
appropriations, the chairpersons of the appropriations subcommittees on general
government, and senate and house fiscal agencies prior to submitting a report
or complaint to the United States Commission on Civil Rights or other federal
departments.
Sec. 410. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September 30, 2021 are
$2,788,400.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $1,337,900.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$1,450,500.00.
Sec. 411. (1) From the funds appropriated in part 1 for
museums support, $500,000.00 shall be awarded to support an Arab-American
museum located in a county with a population over 1,300,000 and in a city with
a population between 97,000 and 500,000 according to the most recent federal
decennial census.
(2) From the funds appropriated in part 1 for museums
support, $500,000.00 shall be awarded to support capital improvements to an
African-American museum in a city with a population greater than 600,000
according to the most recent federal decennial census.
(3) From the funds appropriated in part 1 for museums
support, $500,000.00 shall be awarded to support a memorial center in a county
with a population between 1,000,000 and 1,700,000 and in a city with a
population between 79,000 and 80,000 according to the most recent federal
decennial census to expand educational access.
LEGISLATURE
Sec. 600. The senate, the house of representatives, or an
agency within the legislative branch may receive, expend, and transfer funds in
addition to those authorized in part 1.
Sec. 601. (1) Funds appropriated in part 1 to an entity
within the legislative branch shall not be expended or transferred to another
account without written approval of the authorized agent of the legislative
entity. If the authorized agent of the legislative entity notifies the state
budget director of its approval of an expenditure or transfer before the
year-end book-closing date for that legislative entity, the state budget
director shall immediately make the expenditure or transfer. The authorized legislative
entity agency shall be designated by the speaker of the house of
representatives for house entities, the senate majority leader for senate
entities, and the legislative council for legislative council entities.
(2) Funds appropriated within the legislative branch, to a
legislative council component, shall not be expended by any agency or other
subgroup included in that component without the approval of the legislative
council.
Sec. 602. The senate may charge rent and assess charges for
utility costs. The amounts received for rent charges and utility assessments
are appropriated to the senate for the renovation, operation, and maintenance
of the Binsfeld Office Building.
Sec. 603. (1) From the appropriation contained in part 1 for
national association dues, the first $34,800.00 shall be paid to the National
Conference of Commissioners of Uniform State Laws. The remaining funds shall be
distributed accordingly by the legislative council.
(2) If any funds remain after all required dues payments have
been made as specified in subsection (1), the Legislative Council may approve
the use of up to $10,000.00 to pay for the registration fees of any state
employees who serve as board members to any of the national associations
receiving state funds for annual dues to attend that national association’s
annual conference. If any of the $10,000.00 remains after national board member’s
registration fees are paid, the remaining funds may be used to pay for the
registration fees for any other state employees to attend the annual conference
of any of the national associations receiving state funds for annual dues as
prescribed in subsection (1).
Sec. 604. (1) The appropriation in part 1 to the Michigan
state capitol historic site includes funds to operate the legislative parking
facilities in the capitol area. The Michigan state capitol commission shall
establish rules regarding the operation of the legislative parking facilities.
(2) The Michigan state capitol commission shall collect a fee
from state employees and the general public using certain legislative parking
facilities. The revenues received from the parking fees are appropriated upon
receipt and shall be allocated by the Michigan state capitol commission.
Sec. 605. The unexpended funds appropriated in part 1 for the
legislative council 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 of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is publication of the Michigan
manual.
(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 $3,000,000.00.
(d) The tentative completion date is September 30, 2025.
Sec. 606. The unexpended funds appropriated in part 1 for
property management 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 of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to purchase equipment and
services for building maintenance in order to ensure a safe and productive work
environment.
(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 $2,000,000.00.
(d) The tentative completion date is September 30, 2025.
Sec. 607. The unexpended funds appropriated in part 1 for
automated data processing 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 of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to purchase equipment,
software, and services in order to support and implement data processing
requirements and technology improvements.
(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 $3,000,000.00.
(d) The tentative completion date is September 30, 2025.
Sec. 608. In addition to funds appropriated in part 1, the
Michigan capitol committee publications save the flags fund account may accept
contributions, gifts, bequests, devises, grants, and donations. Those funds
that are not expended in the fiscal year ending September 30 shall not lapse at
the close of the fiscal year, and shall be carried forward for expenditure in
the following fiscal years.
Sec. 613. The unexpended funds appropriated in part 1 for
senate census tracking/reapportionment 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 of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the project is to purchase equipment,
supplies, and services needed for tracking and reporting census and reapportionment
information for this state.
(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 $170,000.00.
(d) The tentative completion date is September 30, 2025.
Sec. 614. The unexpended funds appropriated in part 1 for
house of representatives census tracking/reapportionment 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 of the management and budget act,
1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to purchase equipment,
supplies, and services needed for tracking and reporting census and
reapportionment information for this state.
(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 $170,000.00.
(d) The tentative completion date is September 30, 2025.
Sec. 615. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September 30, 2021 are
$31,774,700.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $15,245,800.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$16,528,900.00.
Sec. 616. From the funds appropriated in part 1, the council
administrator shall assist in administering compensation, benefits, and other
personnel support, subject to the legislative council act, 1986 PA 268, MCL
4.1101 to 4.1901, for the members, employees, staff, and consultants of the
independent citizens redistricting commission.
Sec. 617. From the funds appropriated in part 1, on a
quarterly basis, the independent citizens redistricting commission shall issue
a report to the senate and house appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state budget director
that provides a detailed listing of expenditures related to independent
citizens redistricting commission activities. In addition to providing a
listing of expenditures, the report must also include a detailed description of
activities undertaken to fulfill the independent citizens redistricting
commission’s constitutional responsibilities.
LEGISLATIVE AUDITOR
GENERAL
Sec. 620. Pursuant to section 53 of article IV of the state
constitution of 1963, the auditor general shall conduct audits of the
executive, judicial, and legislative branches.
Sec. 621. (1) The auditor general shall take all reasonable
steps to ensure that certified minority- and women-owned and operated accounting
firms, and accounting firms owned and operated by persons with disabilities
participate in the audits of the books, accounts, and financial affairs of each
principal executive department, branch, institution, agency, and office of this
state.
(2) The auditor general shall strongly encourage firms with
which the auditor general contracts to perform audits of the principal
executive departments and state agencies to subcontract with certified
minority- and women-owned and operated accounting firms, and accounting firms
owned and operated by persons with disabilities.
(3) The auditor general shall compile an annual report
regarding the number of contracts entered into with certified minority- and
women-owned and operated accounting firms, and accounting firms owned and
operated by persons with disabilities. The auditor general shall deliver the
report to the state budget director and the senate and house of representatives
standing committees on appropriations subcommittees on general government by
November 1 of each year.
Sec. 622. From the funds appropriated in part 1 to the
legislative auditor general, the auditor general’s salary and the salaries of
the remaining 2.0
Sec. 623. Any audits, reviews, or investigations requested of
the auditor general by the legislature or by legislative leadership,
legislative committees, or individual legislators shall include an estimate of
the additional costs involved and, when those costs exceed $50,000.00, should
provide supplemental funding. The auditor general shall determine whether to
perform those activities in keeping with Operations Manual Policy No. 2-26,
which describes the office of the auditor general’s policy on responding to
legislative requests.
Sec. 624. If the auditor general conducts a subsequent audit
pursuant to section 229 of this part, the auditor general may charge fees and
collect revenues in excess of appropriations in part 1 not to exceed the cost
of any audit conducted pursuant to section 229 of this part. Any revenues and
fees collected pursuant to this section are appropriated for expenditure for
all expenses associated with an audit conducted pursuant to section 229 of this
part.
Sec. 625. It is the intent of the legislature that the
auditor general be authorized to access and examine confidential information of
each branch, department, office, board, commission, agency, authority, and
institution of the state. The auditor general would be subject to the same duty
of confidentiality imposed by law on the entity providing the confidential
information.
Sec. 627. The unexpended funds appropriated in part 1 for
field operations 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 under
this section until the projects have been completed. The following is in
compliance with section 451a of the management and budget act, 1984 PA 431, MCL
18.1451a:
(a) The purpose of the project is to conduct the state of
Michigan comprehensive annual financial report.
(b) The project will be accomplished by utilizing state
employees.
(c) The total estimated cost of the project is $3,000,000.00.
(d) The tentative completion date is September 30, 2025.
DEPARTMENT OF STATE
Sec. 701. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $500,000.00 for federal
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $500,000.00 for state restricted
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $25,000.00 for local contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $50,000.00 for private contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
Sec. 703. From the funds appropriated in part 1, the
department of state shall sell copies of records including, but not limited to,
records of motor vehicles, off-road vehicles, snowmobiles, watercraft, mobile
homes, personal identification cardholders, drivers, and boat operators and
shall charge $11.00 per record sold only as authorized in section 208b of the
Michigan vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA
222, MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.80130,
324.80315, 324.81114, and 324.82156. The revenue received from the sale of records
shall be credited to the transportation administration collection fund created
under section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. The
department of state shall provide quarterly reports to the legislature, the
chairpersons of the relevant appropriations subcommittees, and the senate and
house fiscal agencies. The report shall be provided within 15 days of the close
of the quarter and shall include the number of records sold and the revenues
collected.
Sec. 704. From the funds appropriated in part 1, the
secretary of state may enter into agreements with the department of corrections
for the manufacture of vehicle registration plates 15 months before the
registration year in which the registration plates will be used.
Sec. 705. (1) The department of state may accept gifts,
donations, contributions, and grants of money and other property from any
private or public source to underwrite, in whole or in part, the cost of a
departmental publication that is prepared and disseminated under the Michigan
vehicle code, 1949 PA 300,
(2) The department of state may sell and accept paid
advertising for placement in a departmental publication that is prepared and
disseminated under the Michigan vehicle code, 1949 PA 300,
(3) Pending expenditure, the funds received under this
section shall be deposited in the Michigan department of state publications
fund created by section 211 of the Michigan vehicle code, 1949 PA 300,
(4) Any unexpended revenues received under this section shall
be carried over into subsequent fiscal years and shall be available for appropriation
for the purposes described in this section.
(5) On March 1 of each year, the department of state shall
file a report with the senate and house of representatives standing committees
on appropriations, the chairpersons of the relevant appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director. The report shall include all of the following information:
(a) The amount of gifts, contributions, donations, and grants
of money received by the department under this section for the prior fiscal
year.
(b) A listing of the expenditures made from the amounts
received by the department as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, or grant
of property other than funding received by the department under this section
for the prior year.
(d) The total revenue received from the sale of paid
advertising accepted under this section and a statement of the total number of
advertising transactions.
(6) In addition to copies delivered without charge as the
secretary of state considers necessary, the department of state may sell copies
of manuals and other publications regarding the sale, ownership, or operation
or regulation of motor vehicles, with amendments, at prices to be established
by the secretary of state. As used in this subsection, the term “manuals and
other publications” includes videos and proprietary electronic publications.
All funds received from sales of these manuals and other publications shall be
credited to the Michigan department of state publications fund.
Sec. 707. Funds collected by the department of state under
section 211 of the Michigan vehicle code, 1949 PA 300,
Sec. 708. From the funds appropriated in part 1, the
department of state shall use available balances at the end of the state fiscal
year to provide payment to the department of state police in the amount of
$332,000.00 for the services provided by the traffic accident records program
as first appropriated in 1990 PA 196 and 1990 PA 208.
Sec. 709. From
the funds appropriated in part 1, the department of state may restrict funds
from miscellaneous revenue to cover cash shortages created from normal branch
office operations. This amount shall not exceed $50,000.00 of the total funds
available in miscellaneous revenue.
Sec. 711.
Collector plate and fund-raising registration plate revenues collected by the
department of state are appropriated and allotted for distribution to the
recipient university or public or private agency overseeing a state-sponsored
goal when received. Distributions shall occur on a quarterly basis or as
otherwise authorized by law. Any revenues remaining at the end of the fiscal
year shall not lapse to the general fund but shall remain available for
distribution to the university or agency in the next fiscal year.
Sec. 712. The
department of state may produce and sell copies of a training video designed to
inform registered automotive repair facilities of their obligations under
Michigan law. The price shall not exceed the cost of production and
distribution. The money received from the sale of training videos shall revert
to the department of state and be placed in the auto repair facility account.
Sec. 713. (1)
The department of state, in collaboration with the gift of life transplantation
society or its successor federally designated organ procurement organization,
may develop and administer a public information campaign concerning the Michigan
organ donor program.
(2) The
department of state may solicit funds from any private or public source to
underwrite, in whole or in part, the public information campaign authorized by
this section. The department may accept gifts, donations, contributions, and
grants of money and other property from private and public sources for this
purpose. A private or public funding source underwriting the public information
campaign, in whole or in substantial part, shall receive sponsorship credit for
its financial backing.
(3) Funds
received under this section, including grants from state and federal agencies,
shall not lapse to the general fund at the end of the fiscal year but shall
remain available for expenditure for the purposes described in this section.
(4) Funding
appropriated in part 1 for the organ donor program shall be used for producing
a pamphlet to be distributed with driver licenses and personal identification
cards regarding organ donations. The funds shall be used to update and print a pamphlet
that will explain the organ donor program and encourage people to become donors
by marking a checkoff on driver license and personal identification card
applications.
(5) The
pamphlet shall include a return reply form addressed to the gift of life
organization. Funding appropriated in part 1 for the organ donor program shall
be used to pay for return postage costs.
(6) In
addition to the appropriations in part 1, the department of state may receive
and expend funds from the organ and tissue donation education fund for
administrative expenses.
(7) The
department must submit a report to the house and senate appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director by March 1 that provides the amount of revenue
collected by the department of state authorized under this section, the purpose
of each expenditure, and the amount of revenue carried forward.
Sec. 714. (1)
Except as otherwise provided under subsection (2), at least 180 days before closing
a branch office or consolidating a branch office and at least 60 days before
relocating a branch office, the department of state shall inform members of the
senate and house of representatives standing committees on appropriations and
legislators who represent affected areas regarding the details of the proposal.
The information provided shall be in written form and include all analyses done
regarding criteria for changes in the location of branch offices, including,
but not limited to, branch transactions, revenue, and the impact on citizens of
the affected area. The impact on citizens shall include information regarding
additional distance to branch office locations resulting from the plan. The
written notice provided by the department of state shall also include detailed
estimates of costs and savings that will result from the overall changes made
to the branch office structure and the same level of detail regarding costs for
new leased facilities and expansions of current leased space.
(2) If the consolidation
of a branch office is with another branch office that is located within the
same local unit of government or the relocation of a branch office is to
another location that is located within the same local unit of government, the
department of state is not required to provide the notification or written
information described in subsection (1).
(3) As used in
this section, “local unit of government” means a city, village, township, or
county.
Sec. 715. (1)
Any service assessment collected by the department of state from the user of a
credit or debit card under section 3 of 1995 PA 144,
(2) The
service assessment imposed by the department of state for credit and debit card
services may be based either on a percentage of each individual credit or debit
card transaction, or on a flat rate per transaction, or both, scaled to the
amount of the transaction. However, the department shall not charge any amount
for a service assessment which exceeds the costs billable to the department for
service assessments.
(3) If there is a balance of service assessments received
from credit and debit card services remaining on September 30, the balance may
be carried forward to the following fiscal year and appropriated for the same
purpose.
(4) As used in this section, “service assessment” means and
includes costs associated with service fees imposed by credit and debit card
companies and processing fees imposed by banks and other financial institutions.
Sec. 717. (1) The department of state may accept nonmonetary
gifts, donations, or contributions of property from any private or public
source to support, in whole or in part, the operation of a departmental
function relating to licensing, regulation, or safety. The department may
recognize a private or public contributor for making the contribution. The
department may reject a gift, donation, or contribution.
(2) The department of state shall not accept a gift,
donation, or contribution under subsection (1) if receipt of the gift,
donation, or contribution is conditioned upon a commitment of future state
funding.
(3) On March 1 of each year, the department of state shall
file a report with the senate and house of representatives standing committees
on appropriations, the chairpersons of the relevant appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director. The report shall list any gift, donation, or contribution received by
the department under subsection (1) for the prior calendar year.
Sec. 719. From the funds appropriated in part 1 for election
administration and services, the department of state shall make available at
least 1 voting machine to at least 1 high school per regional prosperity region
for the purpose of allowing pupils to familiarize themselves with the voting
procedure through a simulated election to be determined by the high schools
receiving a voting machine. The voting machines shall be made available to the
selected high schools at no cost to the high school or school district in which
the high school is located.
Sec. 721. From the funds appropriated in part 1, the
department of state must submit a quarterly report of all department
expenditures, itemized by purpose, associated with its role as serving as
secretary of the citizens redistricting commission, and all other department
activities related to implementing section 6 of article IV of the state
constitution of 1963. The report must be submitted to the house and senate
appropriations subcommittees on general government, the house and senate fiscal
agencies, and the state budget office.
Sec. 721a. From the funds appropriated in part 1, the
department of state must submit a quarterly report of all department
expenditures, itemized by purpose, associated with implementing changes and new
procedures and purchasing equipment as a result of section 4 of article II of
the state constitution of 1963. The report must be submitted to the house and
senate appropriations subcommittees on general government, the house and senate
fiscal agencies, and the state budget office.
Sec. 722. (1) From the funds appropriated in part 1 for
information technology services and projects, the department of state shall
continue implementation of a legacy modernization project. The purpose of this
project is modernization of the entire system and removal of existing programs
from the legacy mainframes.
(2) The department of state shall provide a report on the
status of the legacy modernization project that includes, but is not limited
to, itemization of all expenditures made on behalf of the project, anticipated
completion date of the project, time frame of each phase of the project, the
cost of the project, the number of employees assigned to implement each phase
of the project, the contracts entered into for the project, anticipated overall
cost of the project, and any other information the department considers necessary.
The plan shall be distributed to the senate and house of representatives
standing committees on appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director by January 1.
Sec. 723. The funds appropriated in part 1 for county clerk
education and training shall only be used for costs associated with the
training of local clerks in preparation for elections. The department of state
shall not allocate any funds appropriated for county clerk education and
training for any other purposes.
Sec. 725. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September 30, 2021 are
estimated at $33,185,900.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $15,923,000.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$17,262,900.00.
DEPARTMENT OF
TECHNOLOGY, MANAGEMENT,
Sec. 801. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $2,000,000.00 for federal
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $4,000,000.00 for state restricted
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $75,000.00 for local contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $50,000.00 for private contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
Sec. 802. Proceeds in excess of necessary costs incurred in
the conduct of transfers or auctions of state surplus, salvage, or scrap
property made pursuant to section 267 of the management and budget act, 1984 PA
431,
Sec. 803. (1) The MDTMB may receive and expend funds in
addition to those authorized by part 1 for maintenance and operation services
provided specifically to other principal executive departments or state
agencies, the legislative branch, the judicial branch, or private tenants, or
provided in connection with facilities transferred to the operational
jurisdiction of the department.
(2) The MDTMB may receive and expend funds in addition to
those authorized by part 1 for real estate, architectural, design, and
engineering services provided specifically to other principal executive
departments or state agencies, the legislative branch, the judicial branch, or
private tenants.
(3) The MDTMB may receive and expend funds in addition to
those authorized in part 1 for mail pickup and delivery services provided specifically
to other principal executive departments and state agencies, the legislative
branch, or the judicial branch.
(4) The MDTMB may receive and expend funds in addition to
those authorized in part 1 for purchasing services provided specifically to
other principal executive departments and state agencies, the legislative
branch, or the judicial branch.
Sec. 804. (1) Financing in part 1 for statewide
appropriations shall be funded by assessments against longevity and insurance
appropriations throughout state government in a manner prescribed by the
department. Funds shall be used as specified in joint labor/management
agreements or through the coordinated compensation hearings process. Any
deposits made under this subsection and any unencumbered funds are restricted
revenues, may be carried over into the succeeding fiscal years, and are
appropriated.
(2) In addition to the funds appropriated in part 1 for
statewide appropriations, the MDTMB may receive and expend funds in such
additional amounts as may be specified in joint labor/management agreements or
through the coordinated compensation hearings process in the same manner and
subject to the same conditions as prescribed in subsection (1).
Sec. 805. To the extent a specific appropriation is required
for a detailed source of financing included in part 1 for the MDTMB appropriations
financed from special revenue and internal service and pension trust funds, or
SIGMA user charges, the specific amounts are appropriated within the special
revenue internal service and pension trust funds in portions not to exceed the
aggregate amount appropriated in part 1.
Sec. 806. In addition to the funds appropriated in part 1 to
the MDTMB, the MDTMB may receive and expend funds from other principal
executive departments and state agencies to implement administrative leave bank
transfer provisions as may be specified in joint labor/management agreements.
The amounts may also be transferred to other principal executive departments
and state agencies under the joint agreement and any amounts transferred under
the joint agreement are authorized for receipt and expenditure by the receiving
principal executive department or state agency. Any amounts received by the
MDTMB under this section and intended, under the joint labor/management
agreements, to be available for use beyond the close of the fiscal year and any
unencumbered funds may be carried over into the succeeding fiscal year.
Sec. 807. Financing in part 1 for SIGMA shall be funded by
proportionate charges assessed against the respective state funds benefiting
from this project in the amounts determined by the department.
Sec. 808. (1) Deposits against the interdepartmental grant
from building occupancy and parking charges appropriated in part 1 shall be
collected, in part, from state agencies, the legislative branch, and the
judicial branch based on estimated costs associated with maintenance and
operation of buildings managed by the department. To the extent excess revenues
are collected due to estimates of building occupancy charges exceeding actual
costs, the excess revenues may be carried forward into succeeding fiscal years
for the purpose of returning funds to state agencies.
(2)
Appropriations in part 1 to the MDTMB, for management and budget services for
building occupancy charges and parking charges, may be increased to return excess
revenue collected to state agencies.
Sec. 809. On a
quarterly basis, the MDTMB shall notify the chairpersons of the senate and
house of representatives standing committees on appropriations, the
chairpersons of the senate and house of representatives standing committees on
appropriations subcommittees on general government, the house and senate fiscal
agencies, and the state budget director on any revisions either individually or
in the aggregate that increase or decrease current contracts by more than $250,000.00
for computer software development, hardware acquisition, or quality assurance.
Sec. 810. From
the funds appropriated in part 1, MDTMB shall maintain an internet website that
contains notice of all solicitations, invitations for bids, and requests for
proposals over $50,000.00 issued by MDTMB or by any state agency operating
under delegated authority, except for solicitations up to $500,000.00 in
accordance with department policy regarding providing opportunities to Michigan
small businesses, geographically disadvantaged business enterprises, Michigan
veteran-owned business, Michigan service disabled veteran-owned businesses, or
Michigan recognized community rehabilitation organizations, or in situations
where it would be in the best interest of this state and documented by MDTMB.
This information must appear on the first page of each department or state
agency dashboard. MDTMB shall not set the due date for acceptance of an
invitation for bid or request for proposal to less than 14 days after the notice
is made available on the internet website, except in situations where it would
be in the best interest of this state and documented by the department. In
addition to the requirements of this section, MDTMB may advertise the
solicitations, invitations for bids, and requests for proposals in any manner
MDTMB determines appropriate, in order to give the greatest number of
individuals and businesses the opportunity to respond, or make bids or requests
for proposals.
Sec. 811. The
MDTMB may receive and expend funds from the Vietnam veterans memorial monument
fund as provided in the Michigan Vietnam veterans memorial act, 1988 PA 234,
Sec. 812. The
Michigan veterans’ memorial park commission may receive and expend money from
any source, public or private, including, but not limited to, gifts, grants,
donations of money, and government appropriations, for the purposes described
in Executive Order No. 2001-10. Funds are appropriated and allocated when
received and may be expended upon receipt. Any deposits made under this section
and unencumbered funds are restricted revenues and may be carried over into
succeeding fiscal years.
Sec. 813. (1)
Funds in part 1 for motor vehicle fleet are appropriated to the MDTMB for
administration and for the acquisition, lease, operation, maintenance, repair,
replacement, and disposal of state motor vehicles.
(2) The
appropriation in part 1 for motor vehicle fleet shall be funded by revenue from
rates charged to principal executive departments and agencies for utilizing
vehicle travel services provided by the MDTMB. Revenue in excess of the amount
appropriated in part 1 from the motor transport fund and any unencumbered funds
are restricted revenues and may be carried over into the succeeding fiscal
year.
(3) Pursuant
to the MDTMB’s authority under sections 213 and 215 of the management and
budget act, 1984 PA 431,
(4) The MDTMB
may charge state agencies for fuel cost increases that exceed $3.04 per gallon
of unleaded gasoline. The MDTMB shall notify state agencies, in writing or by
electronic mail, at least 30 days before implementing additional charges for
fuel cost increases. Revenues received from these charges are appropriated upon
receipt.
(5) The state
budget director, upon notification to the senate and house of representatives
standing committees on appropriations, may adjust spending authorization and
the IDG from motor transport fund in the MDTMB in order to ensure that the appropriations
for motor vehicle fleet in the MDTMB budget equal the expenditures for motor
vehicle fleet in the budgets for all executive branch agencies.
Sec. 814. The MDTMB shall develop a plan regarding the use of
the funds appropriated in part 1 for the information technology investment
fund. The plan shall include, but not be limited to, a description of proposed
information technology investment projects, the time frame for completion of
the information technology investment projects, the proposed cost of the
information technology investment projects, the number of employees assigned to
implement each information technology investment project, the contracts entered
into for each information technology investment project, and any other
information the MDTMB deems necessary. The plan shall be distributed to the senate
and house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director on a quarterly basis. The submitted plan shall also include anticipated
spending reductions or overages for each of the proposed information technology
investment projects. The MDTMB shall notify the senate and house of
representatives standing committees on appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state budget director
when a project funded under an information technology investment project line
item in part 1 is expected to require a transfer of dollars from another
project in excess of $500,000.00.
Sec. 814a. The funds appropriated in part 1 for information
technology investment fund shall be used for the modernization of state
information technology systems, improvement of the state’s cyber security
framework, and to achieve efficiencies.
Sec. 816. An RFP issued for the purpose of privatization
shall include all factors used in evaluating and determining price.
Sec. 818. In addition to the funds appropriated in part 1,
the MDTMB may receive and expend money from the Michigan law enforcement
officers memorial monument fund as provided in the Michigan law enforcement
officers memorial act, 2004 PA 177,
Sec. 820. The MDTMB shall make available to the public a list
of all parcels of real property owned by the state that are available for
purchase. The list shall be posted on the internet through the MDTMB’s website.
Sec. 821. (1) From the funds appropriated in part 1, the
office of retirement services within MDTMB must produce an annual report by
September 30 on the judges’ retirement system, the military retirement system,
the Michigan public school employees’ retirement system, the state employees’
retirement system, and the state police retirement system. The report shall be
distributed to the senate and house of representatives standing committees on
appropriations, the senate and house fiscal agencies, and the state budget
office.
(2) The report must include, but is not limited to, the
following information for each of the aforementioned retirement systems:
(a) A chart and table detailing annual required contribution
flow per year for fiscal year 2021-2022 and the subsequent 24 fiscal years.
(b) Separate annual required contribution payment charts and
tables for pension and other postemployment benefits.
(c) Separate annual required contribution payment charts and
tables for the current annualized rate of return, an annualized rate of return
50 basis points less than the current annualized rate of return, and an
annualized rate of return 100 basis points less than the current annualized
rate of return.
(d) Separate annual required contribution payment charts and
tables by normal cost and unfunded actuarial accrued liability.
(e) A justification if the payroll growth assumption is
maintained at or above 0% for any pension or OPEB plan. The report must include
an analysis as of active employee plan member forecasts.
(3) The report must include the following items specific to
the Michigan public school employees’ retirement system:
(a) A copy of the retirement plan election guide that is
provided to new Michigan public school employees’ retirement system hires as of
the due date of the report.
(b) The number of new Michigan public school employees’
retirement system employees who entered the defined contribution plan and
pension plus II plan during no later than 14 days after the end of the current
fiscal year.
(c) An explanation of how the retirement plan election guide
explains that pension plus II members must pay 50% of any future unfunded
actuarial accrued liability payments.
(d) An explanation of how the retirement plan election guide
explains that defined contribution plan members have annuity options that allow
for guaranteed retirement income available through a private insurance company.
(e) If any calculations are provided to plan members for
expected retirement income, then the following items must be included:
(i) An explanation
of how the retirement plan election guide demonstrates a range of potential
outcomes.
(ii) The underlying
assumptions the retirement plan election guide uses to calculate expected future
retirement income.
(iii) How
underlying assumptions are disclosed in the guide.
(4) The report must include the amount of money that each
school district received, on a per pupil basis, in foundation allowances that
was spent on Michigan public school employees’ retirement system costs in the
previous fiscal year.
(5) Beginning at the end of the fiscal year, the office of
retirement services has 90 days to post the most recent year’s comprehensive
annual financial report for each plan described in subsection (1).
Sec. 822. The MDTMB shall compile a report by January 1
pertaining to the salaries of unclassified employees, and gubernatorial
appointees, within all state departments and agencies. The report shall
enumerate each unclassified employee and gubernatorial appointee and his or her
annual salary individually. The report shall be distributed to the chairs of
the senate and house of representatives standing committees on appropriations
subcommittees on general government, the senate and house fiscal agencies, and
the state budget director and be made available electronically.
Sec. 822c. The funds appropriated in part 1 shall not be used
to support any staff effort, projects, consultant expenses, or any other
activity related to the development, financing, construction, operation, or
implementation of the Gordie Howe International Crossing or any successor
project unless the project is approved by the legislature and signed into law.
Sec. 822d. By December 31, the MDTMB shall provide a report
to the senate and house appropriations subcommittees on general government and
the senate and house fiscal agencies that identifies fee and rate schedules to
be used by state departments and agencies for services, including information
technology, provided by the MDTMB during fiscal year 2020-2021. The report
shall also identify changes from fees and rates charged in fiscal year
2019-2020 and include an explanation of the factors that justify each fee and
rate increase.
Sec. 822e. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September 30, 2021 are
estimated at $93,732,800.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $44,974,200.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$48,758,600.00.
Sec. 822g. The MDTMB shall report quarterly to the senate and
house of representatives standing committees on appropriations, the senate and
house appropriations subcommittees on general government, and the senate and
house fiscal agencies on legal service fund expenditures. The report shall
itemize expenditures by case, purpose, and department involved and shall
include expenditures related to all previously appropriated funds.
Sec. 822m. (1) From the funds appropriated in part 1, the
MDTMB shall establish a system that collaborates with other departments to keep
track of the performance of vendors in fulfilling contract obligations. The
performance of these vendors shall be recorded and used as a factor to
determine future contracts awarded in the procurement process.
(2) By March 15 the MDTMB shall provide a complete listing of
all state departments and agencies that have not complied with the requirements
of this section by March 1. The report listing noncompliant state departments
and agencies shall be submitted no later than March 15 to the chairpersons of
the house and senate appropriations subcommittees on general government, the
house and senate fiscal agencies, and the state budget director.
Sec. 822n. From the funds appropriated in part 1, beginning
on October 1, the MDTMB shall ensure that all new requests for proposals that
are publicly displayed on the webpage include the proposal’s corresponding
department and agency for the purpose of searching for requests for proposals
by department and agency.
INFORMATION TECHNOLOGY
Sec. 823. (1) The MDTMB may sell and accept paid advertising
for placement on any state website under its jurisdiction. The MDTMB shall
review and approve the content of each advertisement. The MDTMB may refuse to
accept advertising from any person or organization or require modification to
advertisements based upon criteria determined by the MDTMB. Revenue received
under this subsection shall be used for operating costs of the MDTMB and for
future technology enhancements to state of Michigan e-government initiatives.
Funds received under this subsection shall be limited to $250,000.00. Any funds
in excess of $250,000.00 shall be deposited in the state general fund.
(2) The MDTMB may accept gifts, donations, contributions,
bequests, and grants of money from any public or private source to assist with
the underwriting or sponsorship of state webpages or services offered on those
webpages. A private or public funding source may receive recognition in the
webpage. The MDTMB may reject any gift, donation, contribution, bequest, or
grant.
(3) Funds
accepted by the MDTMB under subsection (1) or (2) are appropriated and allotted
when received and may be expended upon approval of the state budget director.
The state budget office shall notify the senate and house of representatives
standing committees on appropriations subcommittees on general government and
the senate and house fiscal agencies within 10 days after the approval is
given. The MDTMB shall provide a report to the senate and house of representatives
appropriations subcommittees on general government, the house and senate fiscal
agencies, and the state budget director that details the funds accepted for the
prior fiscal year by November 1.
Sec. 824. The
MDTMB may enter into agreements to supply spatial information and technical
services to other principal executive departments, state agencies, local units
of government, and other organizations. The MDTMB may receive and expend funds
in addition to those authorized in part 1 for providing information and
technical services, publications, maps, and other products. The MDTMB may
expend amounts received for salaries, supplies, and equipment necessary to
provide informational products and technical services. Prior to December 31 of
each year, the MDTMB shall provide a report to the senate and house of
representatives standing committees on appropriations subcommittees on general
government and the state budget office detailing the sources of funding and
expenditures made under this section.
Sec. 825. The
legislature shall have access to all historical and current data contained
within SIGMA, or its predecessor, pertaining to state departments. State
departments shall have access to all historical and current data contained
within SIGMA or its predecessor.
Sec. 826. When
used in this part and part 1, “information technology services” means services
involving all aspects of managing and processing information, including, but
not limited to, all of the following:
(a)
Application and mobile development and maintenance.
(b) Desktop
computer support and management.
(c) Cyber
security.
(d) Social
media.
(e) Mainframe
computer support and management.
(f) Server
support and management.
(g) Local area
network support and management, including, but not limited to, wired and
wireless network build-out, support, and management.
(h)
Information technology project management.
(i)
Information technology planning and budget management.
(j)
Telecommunication services, infrastructure, and support.
Sec. 827. (1)
Funds appropriated in part 1 for the Michigan public safety communications
system shall be expended upon approval of an expenditure plan by the state
budget director.
(2) The MDTMB
shall assess all subscribers of the Michigan public safety communications
system reasonable access and maintenance fees and shall deposit the fees in the
Michigan public safety communications systems fees fund.
(3) All money
received by the MDTMB under this section shall be expended for the support and
maintenance of the Michigan public safety communications system.
(4) The
department must provide a report to the senate and house of representatives
standing committees on appropriations, the senate and house fiscal agencies,
and the state budget office by April 15, indicating the amount of revenue
collected under this section and expended for support and maintenance of the
Michigan public safety communication system for the immediately preceding
6-month period. Any deposits made under this section and unencumbered funds are
restricted revenues and shall be carried forward into succeeding fiscal years.
Sec. 828. The
MDTMB shall submit a report for each fiscal quarter to the senate and house of
representatives standing committees on appropriations subcommittees on general
government, the house and senate fiscal agencies, and the state budget director
not later than 30 calendar days after each fiscal quarter. The report shall
include the following:
(a) The estimated
total amount of funding appropriated for information technology services and projects,
by funding source, for all principal executive departments and agencies for
each fiscal quarter.
(b) A listing
of the expenditures made from the amounts received by the department as
reported in subdivision (a).
Sec. 829. The
MDTMB shall provide a report that analyzes and makes recommendations on the
life-cycle of information technology hardware and software. The report shall be
submitted to the senate and house of representatives standing committees on
appropriations subcommittees on general government and the senate and house
fiscal agencies by March 1.
Sec. 830. (1)
The department of technology, management, and budget, enterprise portfolio
management office (EPMO), must provide a report on a quarterly basis providing
key information on all executive branch department and enterprisewide
information technology projects. The report must be submitted to the senate and
house appropriations subcommittees on general government, the senate and house
fiscal agencies, and the state budget director as well as being posted online.
(2) The report
must contain the following information, as applicable, for each active
information technology project and each completed information technology
project closed within the 2-year period immediately preceding the quarterly due
date of the report:
(a) The client
department, agency, or organization for which the project is being undertaken.
(b) The active
or completed status.
(c) For active
projects, the number of days the current approved completion date differs from
the initial planned completion date.
(d) For active
projects, the dollar amount the current approved budget differs from the
initial planned budget.
(e) For
completed projects, the number of days the actual completion date differed from
the initial planned completion date.
(f) For
completed projects, the dollar amount the actual cost differed from the initial
planned budget.
(g) The
project name.
(h) The
purpose of the project described in terms of the needs of end users of the
project and an explanation of the project’s origination, including whether the
project originated from state mandate, federal mandate, court order, or
department initiative.
(i) Whether
the project is managed by MDTMB’s enterprise portfolio management office.
(j) The
initial planned budget.
(k) The
revised budget if there is any increase or decrease to the project’s initial
budget.
(l) The actual cost to date.
(m) The
planned start date.
(n) The actual
start date.
(o) The
initial planned completion date.
(p) The
revised planned completion date if there is a change from the initial planned
completion date.
(q) The actual
completion date.
(r) A brief
description of the benefit or justification of changes by project change
request that impact a project’s schedule or budget and whether the change
request is the result of state mandate, federal mandate, court order, or
department initiative.
(s) Whether
quality assurance services are assigned to the project.
(t) The project
success score after project closure.
(u) The
customer satisfaction rating after project closure.
(v) The
percentage of days a project is over its initial scheduled completion date.
(3) The report
must include the total number of completed projects for which costs exceeded
the initial budget, the total number of completed projects for which the
completion date occurred after the initial planned completion date, the total
number of completed projects that exceeded both the initial planned budget and
schedule, and the corresponding percentages of each of these numbers of all
completed projects.
Sec. 831. The
MDTMB shall submit monthly invoices for information technology services
provided by MDTMB either directly or through contracted vendors during that
month to departments or agencies by no later than 45 days after receiving
approval to pay vendor invoices from departments and agencies for the
information technology services provided.
Sec. 832. (1)
The MDTMB shall inform the senate and house appropriations subcommittees on
general government and the senate and house fiscal agencies within 30 days of
any potential or actual penalties assessed by the federal government for
failure of the Michigan child support enforcement system to achieve
certification by the federal government.
(2) If
potential penalties are assessed by the federal government, the MDTMB shall
submit a report to the senate and house appropriations subcommittees on general
government and the senate and house fiscal agencies within 90 days specifying
the MDTMB’s plans to avoid actual penalties and ensure federal certification of
the Michigan child support enforcement system.
Sec. 833. (1)
The state budget director, upon notification to the senate and house of
representatives standing committees on appropriations, may adjust spending
authorization and user fees in the MDTMB in order to ensure that the
appropriations for information technology in the MDTMB equal the appropriations
for information technology in the budgets for all executive branch agencies.
(2) If during
the course of the fiscal year a transfer or supplemental to or from the
information technology line item within an agency budget is made under section
393 of the management and budget act, 1984 PA 431,
Sec. 834. (1) Revenue collected from licenses issued under
the antenna site management project shall be deposited into the antenna site
management revolving fund created for this purpose in the MDTMB. The MDTMB may
receive and expend money from the fund for costs associated with the antenna
site management project, including the cost of a third-party site manager. Any
excess revenue remaining in the fund at the close of the fiscal year shall be proportionately
transferred to the appropriate state restricted funds as designated in statute
or by constitution.
(2) An antenna shall not be placed on any site pursuant to
this section without complying with the respective local zoning codes and local
unit of government processes.
Sec. 835. (1) In addition to the funds appropriated in part
1, the funds collected by the MDTMB for supplying census-related information
and technical services, publications, statistical studies, population
projections and estimates, and other demographic products are appropriated for
all expenses necessary to provide the required services. These funds are
available for expenditure when they are received and may be carried forward
into the next succeeding fiscal year.
(2) The MDTMB must submit a report to the house and senate
appropriations subcommittees on general government, the senate and house fiscal
agencies, and the state budget office by March 1 that provides the amount of
revenue collected by the MDTMB from the authorization in subsection (1) and the
amount of revenue carried forward.
Sec. 836. From the funds appropriated in part 1 for the
information technology investment fund, the MDTMB shall provide for the
modernization of state information technology systems, and integrate state
system interfaces to improve customer service.
Sec. 838. Not later than October 1, 2020, MDTMB must develop
policies and procedures that require all procurement contracts entered into by
MDTMB or a state agency, including departments that have delegated procurement
authority under the management and budget act, 1984 PA 431, MCL 18.1101 to
18.1594, to include performance-related liquidated damages or performance
targets with incentives in all procurement contracts. The MDTMB must also
develop policies and procedures that require MDTMB or a state agency to enforce
these provisions. Departments or state agencies acting under delegated
authority must inform the MDTMB of relevant performance issues. Exceptions to
the inclusion or enforcement of performance-related contract provisions may
only be granted by MDTMB as provided in a written or electronic record by
MDTMB.
Sec. 840. From the funds appropriated in part 1 for
enterprise identity management, the MDTMB shall utilize specific outcomes and
performance measures including, but not limited to, the following:
(a) Implement enhanced IT project management service delivery
through statewide application of best practice models and services.
(b) Collaborate with state agencies to bring all project
management and project control office contracts under the enterprise portfolio
management office.
(c) Initiate steps to improve the state unified information
technology environment compliance rating.
Sec. 841. (1) As used
in this section:
(a) “Applicant”
means an internet service provider that submits an application for a grant
after collaborating with the community in the unserved area.
(b) “Broadband
service” means a retail service, not including a satellite service, capable of
delivering high-speed internet access at speeds of at least 25 megabits per
second downstream and 3 megabits per second upstream.
(c) “Deployed”
means that a provider meets either of the following:
(i)
Currently provides broadband service of at least 25 megabits per second
download and 3 megabits per second upload in the specific geographic area of
the proposed project of the applicant.
(ii) Is
able to provide broadband service of at least 25 megabits per second download
and 3 megabits per second upload in a specific geographic area of the proposed
project of the applicant to a customer that requests that service not later
than 30 days after the customer requests installation of that service and
without an extraordinary commitment of resources or construction charges or
fees exceeding an ordinary service activation fee. The 30-day time period is
extended to 60 days if permits are needed before the broadband service is
activated.
(d) “Internet
service provider” means any of the following:
(i) An
entity holding a license under the Michigan telecommunications act, 1991 PA
179, MCL 484.2101 to 484.2603.
(ii) An
entity holding a franchise under the uniform video services local franchise
act, 2006 PA 480, MCL 484.3301 to 484.3315.
(iii)
An entity currently providing broadband service in this state.
(e) “Person”
includes an individual, community organization, cooperative association,
corporation, federally recognized Indian tribe, limited liability company,
nonprofit corporation, partnership, or political subdivision of this state.
(f) “Trade secrets”
means trade secret as that term is defined in section 2 of the uniform trade
secrets act, 1998 PA 448, MCL 445.1902.
(g) “Unserved
area” means any of the following:
(i) A
census block lacking access to broadband service from at least 1 internet service
provider.
(ii) An
area lacking access to broadband service from at least 1 internet service
provider according to the most accurate and granular data on the broadband map
created by the Federal Communications Commission.
(iii)
An area delineated by the MDTMB by the process established in subsection (16).
(2) From the
funds appropriated in part 1 for statewide broadband, the MDTMB shall maintain
a statewide broadband grant program called the connecting Michigan communities
broadband grant program within 60 days of enactment. Money for the program must
be provided by appropriation of state or federal funding as provided by law and
managed by the MDTMB.
(3) The MDTMB
shall only use money from the grant program to award grants to applicants for
projects that exclusively extend broadband service into unserved areas in this
state and for the MDTMB’s costs to administer the program.
(4) The MDTMB
shall not, directly or indirectly, award grant money to a governmental entity
or educational institution or an affiliate, to own, purchase, construct,
operate, or maintain a communications network, or to provide service to any
residential or commercial premises.
(5) The MDTMB
shall not, as a condition of an award of grant money, impose an open network
architecture requirement, rate regulation, or other term or condition of
service that differs from the applicant’s terms or conditions of service in its
other service areas.
(6) An
applicant shall not receive a grant for the same project or geographic area for
which the applicant has obtained federal, state, or local government funding
awarded specifically to support the expansion of broadband networks. The MDTMB
shall not award more than $5,000,000.00 to any 1 project or to any 1 applicant.
The MDTMB shall award initial grant money within 270 days after the money is
made available under this program.
(7) An award
of funds must be issued by a competitive grant process. The grant process must
be technology neutral, and result in awards to applicants proposing projects
based on objective and efficient procedures. The criteria for determining the
award of funds must include the following:
(a) The
applicant’s experience and financial wherewithal.
(b) The
readiness to build, operate, and maintain the project.
(c) The
long-term viability of the project.
(d) The
scalability of the network.
(e) The
applicant’s ability to leverage broadband for community and economic
development.
(f) The
applicant’s ability to provide discounted broadband service throughout the
unserved area to low-income households.
(8) Priority
must be given to projects that demonstrate collaboration to achieve community
investment and economic development goals of the area impacted, and that are
able to demonstrate that they have the managerial, financial, and technical
ability to build, operate, and manage a broadband network.
(9) Within 30
days after receiving an appropriation or federal funding to implement this
section, the MDTMB shall establish and publish on the MDTMB’s website the
criteria for competitively scoring applications. Within 60 days after the MDTMB
publishes the criteria, applicants shall submit their applications for funding
of their proposed project.
(10) An
applicant for a grant under this section shall provide the following
information on the application:
(a) The
location of the project in the unserved area described by either the specific
street addresses to be served or a shapefile as that term is defined in 47 USC
641.
(b) The kind
and amount of broadband infrastructure to be purchased for the project.
(c) Evidence
regarding the unserved nature of the community in which the project is to be
located.
(d) The number
of households that will have access to broadband service as a result of the
project, or whose internet access service will be upgraded to broadband service
as a result of the project.
(e) The
significant community institutions that will benefit from the proposed project.
(f) Evidence
of community support for the project with a narrative on the impact that the
investment will have on community and economic development efforts in the area.
(g) The total
cost of the project and a detailed budget and schedule for the project.
(h) All
sources of funding or in-kind contributions for the project in addition to any
grant award.
(i) The internet
service provider’s experience and financial wherewithal.
(11) The
applicant’s trade secrets, financial information, and proprietary information
submitted under this section as part of an application are exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(12) After
scoring and considering all grant applications, the MDTMB shall make grant
award recommendations. The MDTMB shall give priority in making grant award
recommendations to applications that demonstrate 1 or more of the following:
(a)
Collaboration to achieve community investment and economic development goals of
an impacted area.
(b) The
applicant has the managerial, financial, and technical ability to build, operate,
and manage a broadband network.
(c) The
likelihood that the unserved area will not be served without state grant
funding.
(d) The
project will serve a larger unserved area or a greater number of locations
within an unserved area than other proposed applications.
(e) The
ability of the applicant to commit to providing at least 50% of the cost to
deploy the project set forth in the application.
(13) Within 30
days after the award recommendations have been made, the MDTMB shall publish on
its website the grant applications, redacted according to section 14 of the
freedom of information act, 1976 PA 442, MCL 15.244, the proposed
geographic broadband service area, and the proposed broadband service speeds
for each application that receives an award recommendation.
(14) Before
granting an award to an applicant, the MDTMB shall establish a period of at
least 60 days after the date the award recommendations are published on the
MDTMB’s website, during which time the MDTMB shall accept comments or
objections concerning each application. The MDTMB shall consider all comments
or objections received, and investigate them as needed, in deciding whether an
applicant is eligible for a grant. If an objection submitted by a provider
contains information that requires an investigation and the objection is found
to be inaccurate, the provider shall reimburse the MDTMB for the cost of
verifying the information.
(15) The MDTMB
shall not award a grant to an applicant if verifiable information is made
available that shows any of the following:
(a) The
proposed project includes an area where at least 1 provider has deployed
broadband service.
(b) The MDTMB
receives a sworn statement from an officer of an internet service provider that
the proposed project includes an area where construction of a network to
provide broadband service is underway, and the construction is scheduled to be
completed within 1 year after the date of the application.
(c) The MDTMB
receives a sworn statement from an officer of an internet service provider that
the proposed project includes either of the following:
(i) A
specific geographical area where an internet service provider has been selected
to receive, provisionally or otherwise, funding by the Federal Communications
Commission or the United States Department of Agriculture specifically for the
expansion of broadband services. This subparagraph does not apply to an area
once either of the following has occurred:
(A) The
internet service provider does not complete the requirements for obtaining the
funding described in this subparagraph.
(B) The time
period for the internet service provider to receive the funding described in
this subparagraph has expired.
(ii) An
area where the construction of a network to provide broadband service is to be
completed no later than 2 years after the date of an application.
(16) As part
of an application under this section, an applicant may request that the MDTMB
specifically delineate an area within a census block as being an unserved area.
To tentatively establish an unserved area within a census block, an applicant
must attest to all of the following:
(a) The
delineated area within the census block is unserved and does not have access to
broadband service.
(b) To the
best of the applicant’s knowledge, no other internet service provider has plans
to provide broadband service within the delineated area within 3 years after
the date of the application.
(c) The
delineated area is not within a census block that has been selected to receive,
provisionally or otherwise, funding to support the expansion of broadband
networks from the Federal Communications Commission or the United States
Department of Agriculture.
(17) If a
delineated area within a census block is tentatively determined by the MDTMB to
be an unserved area, the recommended grant award for the application is still
subject to a challenge by internet service providers under subsections (14) and
(15).
(18) At the
time a grant is awarded to an applicant, the MDTMB shall immediately provide
notice on its website of each application receiving a grant, including the name
of the entity, the amount of money being received, the broadband speed, and the
unserved area for which the applicant is receiving the grant.
(19) The MDTMB
shall require an applicant awarded a grant to submit a semiannual report from the
time the applicant receives the grant to 3 years after completion of the
project. The semiannual reports must be made available on the MDTMB’s website
with any proprietary information redacted. The reports must be in a format
specified by the MDTMB and give an accounting by the applicant of the use of
the money received and the progress toward fulfilling the objectives for which
the money was granted, including all of the following:
(a) The number
and location of residences and businesses that will have access to the
broadband service.
(b) The speed
of broadband service.
(c) The
average price of broadband service.
(d) The
broadband service adoption rates.
(20) A person
that files a false statement under this section is ineligible to receive a
grant under this section the next time grants are issued after filing that
false statement.
STATE BUILDING
AUTHORITY RENT
Sec. 842. (1) The state building authority rent
appropriations in part 1 may also be expended for the payment of required
premiums for insurance on facilities owned by the state building authority or
payment of costs that may be incurred as the result of any deductible
provisions in such insurance policies.
(2) If the amount appropriated in part 1 for state building authority
rent is not sufficient to pay the rent obligations and insurance premiums and
deductibles identified in subsection (1) for state building authority projects,
there is appropriated from the general fund of the state the amount necessary
to pay such obligations.
CIVIL SERVICE
COMMISSION
Sec. 850. (1) In
accordance with section 5 of article XI of the state constitution of 1963, all
restricted funds shall be assessed a sum not less than 1% of the total
aggregate payroll paid from those funds for financing the civil service commission
on the basis of actual 1% restricted sources total aggregate payroll of the
classified service for the preceding fiscal year. This includes, but is not
limited to, restricted funds appropriated in part 1 of any appropriations act.
Unexpended 1% appropriated funds shall be returned to each 1% fund source at
the end of the fiscal year.
(2) The appropriations
in part 1 are estimates of actual charges based on payroll appropriations. With
the approval of the state budget director, the commission is authorized to
adjust financing sources for civil service charges based on actual payroll
expenditures, provided that such adjustments do not increase the total
appropriation for the civil service commission.
(3) The financing from
restricted sources shall be credited to the civil service commission by the end
of the second fiscal quarter.
Sec. 851. Except where specifically appropriated for this
purpose, financing from restricted sources shall be credited to the civil
service commission. For restricted sources of funding within the general fund
that have the legislative authority for carryover, if current spending
authorization or revenues are insufficient to accept the charge, the shortage
shall be taken from carryforward balances of that funding source. Restricted
revenue sources that do not have carryforward authority shall be utilized to
satisfy commission operating deducts first and civil service obligations
second. General fund dollars are appropriated for any shortfall, pursuant to
approval by the state budget director.
Sec. 852. The appropriation in part 1 to the civil service
commission, for state-sponsored group insurance, flexible spending accounts,
and COBRA, represents amounts, in part, included within the various appropriations
throughout state government for the current fiscal year to fund the flexible
spending account program included within the civil service commission. Deposits
against state-sponsored group insurance, flexible spending accounts, and COBRA
for the flexible spending account program shall be made from assessments levied
during the current fiscal year in a manner prescribed by the civil service
commission. Unspent employee contributions to the flexible spending accounts
may be used to offset administrative costs for the flexible spending account
program, with any remaining balance of unspent employee contributions to be
lapsed to the general fund.
CAPITAL OUTLAY
Sec. 860. As used in sections 861 through 875 of this part:
(a) “Board” means the state administrative board.
(b) “Community college” means a community college organized
under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or
under part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to
380.1607, and does not include a state agency or university.
(c) “Department” means the department of technology,
management, and budget.
(d) “Director” means the director of the department of
technology, management, and budget.
(e) “State agency” means an agency of state government. State
agency does not include a community college or university.
(f) “State building authority” means the authority created
under 1964 PA 183,
(g) “University” means a 4-year university supported by the
state. University does not include a community college or a state agency.
Sec. 861. Each capital outlay project authorized in this part
and part 1 or any previous capital outlay act shall comply with the procedures
required by the management and budget act, 1984 PA 431,
Sec. 862. (1) The department shall provide the JCOS, state
budget director, and the senate and house fiscal agencies with reports relative
to the status of each planning or construction project financed by the state
building authority, by this part and part 1, or by previous acts.
(2) Before the end of each fiscal year, the department shall
report to the JCOS, state budget director, and the senate and house fiscal
agencies for each capital outlay project other than lump sums all of the
following:
(a) The account number and name of each construction project.
(b) The balance remaining in each account.
(c) The date of the last expenditure from the account.
(d) The anticipated date of occupancy if the project is under
construction.
(e) The appropriations history for the project.
(f) The professional service contractor.
(g) The amount of the project financed with federal funds.
(h) The amount of the project financed through the state
building authority.
(i) The total authorized cost for the project and the state
authorized share if different than the total.
(3) Before the end of each fiscal year, the department shall
report the following for each project by a state agency, university, or
community college that is authorized for planning but is not yet authorized for
construction:
(a) The name of the project and account number.
(b) Whether a program statement is approved.
(c) Whether schematics are approved by the department.
(d) Whether preliminary plans are approved by the department.
(e) The name of the professional service contractor.
(4) As used in this section, “project” includes appropriation
line items made for purchase of real estate.
Sec. 864. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent with the provisions
of section 248 of the management and budget act, 1984 PA 431,
Sec. 865. (1) A site preparation economic development fund is
created in the department. As used in this section, “economic development sites”
means those state-owned sites declared as surplus property pursuant to section
251 of the management and budget act, 1984 PA 431,
(2) Proceeds from the sale of any sites designated in
subsection (1) shall be deposited into the fund created in subsection (1) and
shall be available for site preparation expenditures, unless otherwise provided
by law. The economic development sites authorized in subsection (1) are
authorized for sale consistent with state law. Expenditures from the fund are
authorized for site preparation activities that enhance the marketable sale
value of the sites. Site preparation activities include, but are not limited
to, demolition, environmental studies and abatement, utility enhancement, and
site excavation.
(3) A cash advance in an amount of not more than $25,000,000.00
is authorized from the general fund to the site preparation economic
development fund.
(4) An annual report shall be transmitted to the senate and
house of representatives standing committees on appropriations not later than
December 31 of each year. This report shall detail both of the following:
(a) The revenue and expenditure activity in the fund for the
preceding fiscal year.
(b) The sites identified as economic development sites under
subsection (1).
CAPITAL OUTLAY -
UNIVERSITIES
Sec. 873. (1) This section applies only to projects for
community colleges.
(2) State support is directed towards the remodeling and
additions, special maintenance, or construction of certain community college
buildings. The community college shall obtain or provide for site acquisition
and initial main utility installation to operate the facility. Funding shall be
composed of local and state shares and not more than 50% of a capital outlay
project, not including a lump-sum special maintenance project or remodeling and
addition project, for a community college shall be appropriated from state and
federal funds, unless otherwise appropriated by the legislature.
(3) An
expenditure under this part and part 1 is authorized when the release of the appropriation
is approved by the board upon the recommendation of the director. The director
may recommend to the board the release of any appropriation in part 1 only
after the director is assured that the legal entity operating the community
college to which the appropriation is made has complied with this part and part
1 and has matched the amounts appropriated as required by this part and part 1.
A release of funds in part 1 shall not exceed 50% of the total cost of planning
and construction of any project, not including lump-sum remodeling and
additions and special maintenance, unless otherwise appropriated by the
legislature. Further planning and construction of a project authorized by this
part and part 1 or applicable sections of the management and budget act, 1984
PA 431,
(4) The
community college shall take the steps necessary to secure available federal
construction and equipment money for projects funded for construction in this
part and part 1 if an application was not previously made. If there is a
reasonable expectation that a prior year unfunded application may receive
federal money in a subsequent year, the college shall take whatever action
necessary to keep the application active.
Sec. 874. If
university and community college matching revenues are received in an amount
less than the appropriations for capital projects contained in this part and
part 1, the state funds shall be reduced in proportion to the amount of
matching revenue received.
Sec. 875. (1)
The director may require that community colleges and universities that have an
authorized project listed in part 1 submit documentation regarding the project
match and governing board approval of the authorized project not more than 60
days after the beginning of the fiscal year.
(2) If the
documentation required by the director under subsection (1) is not submitted,
or does not adequately authenticate the availability of the project match or
board approval of the authorized project, the authorization may terminate. The
authorization terminates 30 days after the director notifies the JCOS of the
intent to terminate the project unless the JCOS convenes to extend the
authorization.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 901. (1)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 for federal contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in part 1 under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(2) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $10,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to
another line item in part 1 under section 393(2) of the management and budget
act, 1984 PA 431, MCL 18.1393.
(3) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $20,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 902. (1)
Amounts needed to pay for interest, fees, principal, mandatory and optional
redemptions, arbitrage rebates as required by federal law, and costs associated
with the payment, registration, trustee services, credit enhancements, and issuing
costs in excess of the amount appropriated to the department of treasury in
part 1 for debt service on notes and bonds that are issued by the state under
sections 14, 15, and 16 of article IX of the state constitution of 1963 as
implemented by 1967 PA 266,
(2) In
addition to the amount appropriated to the department of treasury for debt
service in part 1, there is appropriated an amount for fiscal year cash-flow
borrowing costs to pay for interest on interfund borrowing made under 1967 PA
55,
(3) In
addition to the amount appropriated to the department of treasury for debt
service in part 1, there is appropriated all repayments received by the state
on loans made from the school bond loan fund not required to be deposited in
the school loan revolving fund by or pursuant to section 4 of 1961 PA 112,
Sec. 902a. The
department of treasury shall notify the senate and house of representatives
standing committees on appropriations, the chairpersons of the relevant
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget office not more than 30 days after a refunding or restructuring
bond issue is sold. The notification shall compare the annual debt service prior
to the refinancing or restructuring, the annual debt service after the
refinancing or restructuring, the change in the principal and interest over the
duration of the debt, and the projected change in the present value of the debt
service due to the refinancing and restructuring.
Sec. 902b. The
department of treasury shall report not later than 30 days after the state of
Michigan comprehensive annual financial report is published to the chairpersons
of the senate and house of representatives appropriations subcommittees on
general government, the house and senate fiscal agencies, and the state budget
office on all funds that are controlled or administered by the department and
not appropriated in part 1. This notification can be completed electronically and
the department of treasury must notify the recipients when the report is
publicly available. Both the current and any previous reports required under
this section shall be saved and publicly available on the department of
treasury public internet website and stored in a common location with all other
statutory and boilerplate required reports. The link to the location of the
reports shall be clearly indicated on the main page of the department of
treasury internet website. The report shall include all of the following
information:
(a) The
starting balance for each fund from the previous fiscal year.
(b) Total
revenue generated by both transfers in and investments for each fund in the
previous fiscal year.
(c) Total
expenditures for each fund in the previous fiscal year.
(d) The ending
balance for each fund for the previous fiscal year.
Sec. 903. (1)
From the funds appropriated in part 1, the department of treasury may contract
with private collection agencies and law firms to collect taxes and other accounts
due this state. In addition to the amounts appropriated in part 1 to the
department of treasury, there are appropriated amounts necessary to fund
collection costs and fees not to exceed 25% of the collections or 2.5% plus
operating costs, whichever amount is prescribed by each contract. The
appropriation to fund collection costs and fees for the collection of taxes or
other accounts due this state are from the fund or account to which the
revenues being collected are recorded or dedicated. However, if the taxes
collected are constitutionally dedicated for a specific purpose, the
appropriation of collection costs and fees are from the general purpose account
of the general fund.
(2) From the
funds appropriated in part 1, the department of treasury may contract with
private collections agencies and law firms to collect defaulted student loans
and other accounts due the Michigan guaranty agency. In addition to the amounts
appropriated in part 1 to the department of treasury, there are appropriated
amounts necessary to fund collection costs and fees not to exceed 24.34% of the
collection or a lesser amount as prescribed by the contract. The appropriation
to fund collection costs and fees for the auditing and collection of defaulted
student loans due the Michigan guaranty agency is from the fund or account to
which the revenues being collected are recorded or dedicated.
(3) The
department of treasury shall submit a report for the immediately preceding
fiscal year ending September 30 to the state budget director, the senate and
house of representatives standing committees on appropriations, and the
chairpersons of the relevant appropriations subcommittees, not later than
November 30 stating the agencies or law firms employed, the amount of
collections for each, the costs of collection, and other pertinent information
relating to determining whether this authority should be continued.
(4) As a
condition of receiving funds appropriated in part 1 for collection services,
the department of treasury shall issue an RFP for secondary placement
collection services if RFPs are issued for primary collection services. The RFP
shall allow for a multiple collection contract approach. It shall also allow a
bidder to bid on the entire contract, or for individual components of the
contract.
Sec. 904. (1)
The department of treasury, through its bureau of investments, may charge an
investment service fee against the applicable retirement funds. The fees may be
expended for necessary salaries, wages, contractual services, supplies, materials,
equipment, travel, worker’s compensation insurance premiums, and grants to the
civil service commission and state employees’ retirement funds. Service fees
shall not exceed the aggregate amount appropriated in part 1. The department of
treasury shall maintain accounting records in sufficient detail to enable the
retirement funds to be reimbursed periodically for fee revenue that is
determined by the department of treasury to be surplus.
(2) In
addition to the funds appropriated in part 1 from the retirement funds to the
department of treasury, there is appropriated from retirement funds an amount
sufficient to pay for the services of money managers, investment advisors,
investment consultants, custodians, and other outside professionals, the state treasurer
considers necessary to prudently manage the retirement funds’ investment
portfolios. The state treasurer shall report annually to the senate and house
of representatives standing committees on appropriations, the chairpersons of
the relevant appropriations subcommittees, and the state budget office
concerning the performance of each portfolio by investment advisor.
Sec. 904a. (1) There is appropriated an amount sufficient to
recognize and pay expenditures for financial services provided by financial
institutions or equivalent vendors that perform these services including
treasury as provided under section 1 of 1861 PA 111,
(2) The appropriations under subsection (1) shall be funded
by restricting revenues from common cash interest earnings and investment
earnings in an amount sufficient to record these expenditures. If the amounts
of common cash interest earnings are insufficient to cover these costs, then
miscellaneous revenues shall be used to fund the remaining balance of these
expenditures.
Sec. 905. A revolving fund known as the municipal finance fee
fund is created in the department of treasury. Fees are established under the
revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, and the
fees collected shall be credited to the municipal finance fee fund and may be
carried forward for future appropriation.
Sec. 906. (1) The department of treasury shall charge for
audits as permitted by state or federal law or under contractual arrangements
with local units of government, other principal executive departments, or state
agencies. However, the charge shall not be more than the actual cost for performing
the audit. A report detailing audits performed and audit charges for the
immediately preceding fiscal year shall be submitted to the state budget
director, the chairpersons of the relevant appropriations subcommittees, and
the senate and house fiscal agencies not later than November 30.
(2) A revolving fund known as the audit charges fund is
created in the department of treasury. The contractual charges collected shall
be credited to the audit charges fund and may be carried forward for future appropriation.
Sec. 907. A revolving fund known as the assessor
certification and training fund is created in the department of treasury. The
assessor certification and training fund shall be used to organize and operate
a property assessor certification and training program. Each participant
certified and trained shall pay to the department of treasury examination fees
not to exceed $50.00 per examination and certification fees not to exceed
$175.00. Training courses shall be offered in assessment administration. Each
participant shall pay a fee to cover the expenses incurred in offering the
optional programs to certified assessing personnel and other individuals
interested in an assessment career opportunity. The fees collected shall be
credited to the assessor certification and training fund.
Sec. 908. The amount appropriated in part 1 for the home
heating assistance program is to cover the costs, including data processing, of
administering federal home heating credits to eligible claimants and to
administer the supplemental fuel cost payment program for eligible tax credit
and welfare recipients.
Sec. 909. Revenue from the airport parking tax act, 1987 PA
248,
Sec. 910. The disbursement by the department of treasury from
the bottle deposit fund to dealers as required by section 3c(2) of 1976 IL 1,
Sec. 911. (1) There is appropriated an amount sufficient to
recognize and pay refundable tax credits, tax refunds, and interest as provided
by law.
(2) The appropriations under subsection (1) shall be funded
by restricting tax revenue in an amount sufficient to record these
expenditures.
Sec. 912. A plaintiff in a garnishment action involving this
state shall pay to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of
periodic payments is served upon the state treasurer, as provided in section
4012 of the revised judicature act of 1961, 1961 PA 236,
(b) A fee of $6.00 at the time any other writ of garnishment
is served upon the state treasurer, except that the fee shall be reduced to
$5.00 for each writ of garnishment for individual income tax refunds or credits
filed by magnetic media.
Sec. 913. (1) The department of treasury may contract with
private firms to appraise and, if necessary, appeal the assessments of senior
citizen cooperative housing units. Payment for this service shall be from savings
resulting from the appraisal or appeal process.
(2) Of the funds appropriated in part 1 to the department of
treasury for the senior citizens’ cooperative housing tax exemption program, a
portion may be utilized for a program audit of the program. The department of
treasury shall forward copies of any audit report completed to the senate and
house of representatives standing committees on appropriations subcommittees on
general government and to the state budget office. The department of treasury
may utilize up to 1% of the funds for program administration and auditing.
Sec. 914. The department of treasury may provide a $200.00
annual prize from the Ehlers internship award account in the gifts, bequests,
and deposit fund to the runner-up of the Rosenthal prize for interns. The
Ehlers internship award account is interest bearing.
Sec. 915. Pursuant to section 61 of the Michigan campaign
finance act, 1976 PA 388, MCL 169.261, there is appropriated from the general
fund to the state campaign fund an amount equal to the amounts designated for
tax year 2019. Except as otherwise provided in this section, the amount
appropriated shall not revert to the general fund and shall remain in the state
campaign fund. Any amounts remaining in the state campaign fund in excess of
$10,000,000.00 on December 31 shall revert to the general fund.
Sec. 916. The department of treasury may make available to
interested entities otherwise unavailable customized unclaimed property
listings of nonconfidential information in its possession. The charge for this
information is as follows: 1 to 100,000 records at 2.5 cents per record and
100,001 or more records at .5 cents per record. The revenue received from this
service shall be deposited to the appropriate revenue account or fund. The
department of treasury shall submit an annual report on or before June 1 to the
state budget director and the senate and house of representatives standing
committees on appropriations that states the amount of revenue received from
the sale of information.
Sec. 917. (1) There is appropriated for write-offs and
advances an amount equal to total write-offs and advances for departmental
programs, but not to exceed current year authorizations that would otherwise
lapse to the general fund.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director, the
chairpersons of the relevant appropriations subcommittees, and the senate and
house fiscal agencies not later than November 30 stating the amounts
appropriated for write-offs and advances under subsection (1) and an
explanation for each write-off or advance that occurred.
Sec. 919. (1) From funds appropriated in part 1, the
department of treasury may contract with private auditing firms to audit for
and collect unclaimed property due this state in accordance with the uniform
unclaimed property act, 1995 PA 29,
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state budget
director, the senate and house of representatives standing committees on
appropriations, and the chairpersons of the relevant appropriations
subcommittees not later than November 30 stating the auditing firms employed,
the amount of collections for each, the costs of collection, and other
pertinent information relating to determining whether this authority should be
continued.
Sec. 920. The department of treasury shall produce a listing
of all personal property tax reimbursement payments to be distributed in the
current fiscal year by the local community stabilization authority and shall
post the list of payments on the department website by June 30.
Sec. 921. From the funds appropriated in part 1, the
department shall notify all members of the Michigan legislature on any revenue
administrative bulletins, administrative rules involving tax administration or
collection, or notices interpreting changes in law. The notification shall be
issued the same day it is posted and shall include at least the following:
(a) A summary of the proposed changes from current
procedures.
(b) Identification of potential industries that will be
affected by the bulletin, notice, or rule.
(c) A discussion of the potential fiscal implications of the
bulletin, notice, or rule. This subdivision does not apply to a bulletin,
notice, or rule that is a routine update of a tax or interest rate required by
statute.
(d) A summary of the reason for the proposed changes.
Sec. 924. (1) In addition to the funds appropriated in part
1, the department of treasury may receive and expend principal residence audit
fund revenue for administration of principal residence audits under the general
property tax act, 1893 PA 206,
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director, the
chairpersons of the relevant appropriations subcommittees, and the senate and
house fiscal agencies not later than December 31 stating the amount of
exemptions denied and the revenue received under the program.
Sec. 926. Unexpended appropriations of the John R. Justice
grant program are designated as work project appropriations and shall not lapse
at the end of the fiscal year and shall continue to be available for
expenditure until the project has been completed. The following is in
compliance with section 451a of the management and budget act, 1984 PA 431,
(a) The purpose of the project is to provide student loan
forgiveness to qualified public defenders and prosecutors.
(b) The project will be accomplished by utilizing state
employees or contracts with private vendors, or both.
(c) The total estimated cost of the project is $287,700.00.
(d) The tentative completion date is September 30, 2022.
Sec. 927. The department of treasury shall submit annual
progress reports to the senate and house of representatives standing committees
on appropriations subcommittees on general government and the senate and house
fiscal agencies, regarding essential service assessment audits. The report
shall include the number of audits, revenue generated, and number of complaints
received by the department of treasury related to the audits.
Sec. 928. The department of treasury may provide receipt,
check and cash processing, data, collection, investment, fiscal agent, levy and
check cost assessment, writ of garnishment, and other user services on a
contractual basis for other principal executive departments and state agencies.
Funds for the services provided are appropriated and shall be expended for
salaries and wages, fees, supplies, and equipment necessary to provide the
services. Any unobligated balance of the funds received shall revert to the general
fund of this state as of September 30.
Sec. 930. (1) The department of treasury shall provide
accounts receivable collections services to other principal executive
departments and state agencies under 1927 PA 375,
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director, the
chairpersons of the relevant appropriations subcommittees, and the senate and
house fiscal agencies not later than November 30 stating the principal
executive departments and state agencies served, funds collected, and costs of
collection under subsection (1).
Sec. 931. (1) The appropriation in part 1 to the department
of treasury for treasury fees shall be assessed against all restricted funds
that receive common cash earnings or other investment income. Treasury fees
include all costs, including administrative overhead, relating to the
investment of each restricted fund. The fee assessed against each restricted fund
will be based on the size of the restricted fund (the absolute value of the
average daily cash balance plus the market value of investments in the prior
fiscal year) and the level of effort necessary to maintain the restricted fund
as required by each department. The department of treasury shall provide a
report to the state budget office, the senate and house of representatives
standing committees on appropriations subcommittees on general government, and
the senate and house fiscal agencies by November 30 of each year identifying
the fees assessed against each restricted fund and the methodology used for
assessment.
(2) In addition to the funds appropriated in part 1, the
department of treasury may receive and expend investment fees relating to new
restricted funding sources that participate in common cash earnings or other
investment income during the current fiscal year. When a new restricted fund is
created starting on or after October 1, that restricted fund shall be assessed
a fee using the same criteria identified in subsection (1).
Sec. 932. Revenue received under the Michigan education trust
act, 1986 PA 316,
Sec. 934. (1) The department of treasury may expend revenues
received under the hospital finance authority act, 1969 PA 38,
(2) The department of treasury shall report by January 31 to
the senate and house appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director on the amount
and purpose of expenditures made under subsection (1) from funds received in
addition to those appropriated in part 1. The report shall also include a
listing of reimbursement of revenue, if any. The report shall cover the
previous fiscal year.
Sec. 935. The funds appropriated in part 1 for dual
enrollment payments for an eligible student enrolled in a state-approved
nonpublic school shall be distributed as provided under the postsecondary
enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, and the career and
technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, in a form
and manner as determined by the department of treasury.
Sec. 937. The department of treasury shall submit a report to
the state budget director, the senate and house standing committees on
appropriations, the chairpersons of the relevant appropriations subcommittees,
and the senate and house fiscal agencies not later than March 31 regarding the
performance of the Michigan accounts receivable collections system. The report
shall include, but is not limited to:
(a) Information regarding the effectiveness of the department’s
current collection strategies, including use of vendors or contractors.
(b) The amount of delinquent accounts and collection
referrals to vendors and contractors.
(c) The liquidation rates for declining delinquent accounts.
(d) The profile of uncollected delinquent accounts, including
specific uncollected amounts by category.
(e) The department of treasury’s strategy to manage
delinquent accounts once those accounts exceed the vendor’s or contractor’s
contracted collectible period.
(f) A summary of the strategies used in other states,
including, but not limited to, secondary placement services, and assessing the
benefits of those strategies.
Sec. 941. (1) The department of
treasury, in conjunction with the Michigan strategic fund, shall report to the
senate and house of representatives standing committees on appropriations, the
relevant senate and house of representatives appropriations subcommittees, the
senate and house fiscal agencies, and the state budget director by November 1
on the annual cost of the Michigan economic growth authority tax credits. The
report shall include for each year the board-approved credit amount, adjusted
for credit amendments where applicable, and the actual and projected value of
tax credits for each year from 1995 to the expiration of the credit program.
For years for which credit claims are complete, the report shall include the
total of actual certificated credit amounts. For years for which claims are
still pending or not yet submitted, the report shall include a combination of
actual credits where available and projected credits. Credit projections shall
be based on updated estimates of employees, wages, and benefits for eligible
companies.
(2) In addition to the report under
subsection (1), the department of treasury, in conjunction with the Michigan
strategic fund, shall report to the senate and house of representatives
standing committees on appropriations, the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director by November 1 on the annual cost of all
other certificated credits by program, for each year until the credits expire
or can no longer be collected. The report shall include estimates on the
brownfield redevelopment credit, film credits, MEGA photovoltaic technology
credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery
credit, and other certificated credits.
Sec. 944. If the department of treasury hires a pension plan
consultant using any of the funds appropriated in part 1, the department shall
retain any report provided to the department by that consultant, notify the
senate and house of representatives appropriations subcommittees on general
government, the senate and house fiscal agencies, and the state budget
director, and shall make that report available upon request to the senate and
house of representatives standing committees on appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget
director. A rationale for retention of a pension plan consultant shall be
included in the notification of retention.
Sec. 945. Audits of local unit assessment administration
practices, procedures, and records shall be conducted in each assessment
jurisdiction a minimum of once every 5 years and in accordance with section 10g
of the general property tax act, 1893 PA 206, MCL 211.10g.
Sec. 946. Revenue collected in the convention facility
development fund is appropriated and shall be distributed under sections 8, 9,
and 10 of the state convention facility development act, 1985 PA 106, MCL
207.628, 207.629, and 207.630.
Sec. 947. Financial independence teams shall cooperate with
the financial responsibility section to coordinate and streamline efforts in
identifying and addressing fiscal emergencies in school districts and
intermediate school districts.
Sec. 948. Total authorized appropriations from all department
of treasury sources under part 1 for legacy costs for the fiscal year ending September
30, 2021 are $46,453,600.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $22,289,000.00. Total agency
appropriations for retiree health care legacy costs are estimated at $24,164,600.00.
Sec. 949. (1) From the funds appropriated in part 1, the
department of treasury may contract with private agencies to prevent the
disbursement of fraudulent tax refunds. In addition to the amounts appropriated
in part 1 to the department of treasury, there are appropriated amounts
necessary to pay contract costs or fund operations designed to reduce
fraudulent income tax refund payments not to exceed $1,500,000.00 of the
refunds identified as potentially fraudulent and for which payment of the
refund is denied. The appropriation to fund fraud prevention efforts is from
the fund or account to which the revenues being collected are recorded or
dedicated.
(2) The department of treasury
shall submit a report for the immediately preceding fiscal year ending September
30 to the state budget director, the senate and house of representatives
standing committees on appropriations, and the chairpersons of the relevant
appropriations subcommittees not later than November 30 stating the number
of refund claims denied due to the fraud prevention operations, the amount of
refunds denied, the costs of the fraud prevention operations, and other
pertinent information relating to determining whether this authority should be
continued.
Sec. 949a. From the funds appropriated in part 1 for
additional staff in city income tax administration, the department may expand
individual income tax return administration to 1 additional city to leverage
the department’s capabilities to assist cities with their taxation efforts.
Sec. 949d. (1) From the funds
appropriated in part 1 for financial review commission, the department of
treasury shall continue financial review commission efforts in the current
fiscal year. The purpose of the funding is to cover ongoing costs associated
with the operation of the commission.
(2) The department of treasury
shall identify specific outcomes and performance measures for this initiative,
including, but not limited to, the department of treasury’s ability to perform
a critical fiscal review to ensure the city of Detroit does not reenter
distress following its exit from bankruptcy and to ensure that the community
district does not enter distress and maintains a balanced budget.
(3) The department of treasury
must submit a report to the house and senate appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget
office by March 15. The report must describe the specific outcomes and measures
required in subsection (1) and provide the results and data related to these
outcomes and measures.
Sec. 949e. From the funds
appropriated in part 1 for the state essential services assessment program, the
department of treasury shall administer the state essential services assessment
program. The program will provide the department of treasury the ability to
collect the state essential services assessment which is a phased-in
replacement of locally collected personal property taxes on eligible
manufacturing personal property.
Sec. 949f. Revenue from the
tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, related to
counties with a 2000 population of more than 2,000,000 is appropriated and
shall be distributed under section 12(4)(d) of the tobacco products tax
act, 1993 PA 327, MCL 205.432.
Sec. 949h. Revenue from part 6 of the medical marihuana
facilities licensing act, 2016 PA 281, MCL 333.27601 to 333.27605, is
appropriated and distributed pursuant to part 6 of the medical marihuana
facilities licensing act, 2016 PA 281, MCL 333.27601 to 333.27605.
Sec. 949j. All funds in the wrongful imprisonment
compensation fund created in the wrongful imprisonment compensation act, 2016
PA 343, MCL 691.1751 to 691.1757, are appropriated and available for
expenditure. Expenditures are limited to support wrongful imprisonment compensation
payments pursuant to section 6 of the wrongful imprisonment compensation act,
2016 PA 343, MCL 691.1756.
Sec. 949k. There is appropriated an amount equal to the tax
captured revenues due under approved transformational brownfield plans created
in the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to
125.2670.
Sec. 949l. Funds appropriated in part 1 for historic
preservation shall not be expended unless Senate Bill No. 54 of the 100th
Legislature is enacted into law. Funds shall only be used for the
implementation of that bill.
Sec. 949m. From the funds appropriated in part 1 for blight
removal grants, $800,000.00 shall be awarded to blight removal projects located
in redevelopment ready communities certified by the Michigan economic
development corporation. Individual grants shall be capped at no more than
$200,000.00 and priority shall be given to projects that pose an immediate
public safety or health risk.
Sec. 949n. (1) From the funds appropriated in part 1 for
school district debt relief support, funding shall be awarded at the discretion
of the state treasurer to eligible school districts. Grant funds received under
this section must be used by a school district to provide a prepayment of
long-term debt payments owed to this state. The maximum award under this
section to a school district is $1,000,000.00.
(2) Under this section, an eligible school district means a
school district that meets all of the following:
(a) Is in compliance with an enhanced deficit elimination plan
that is in place for the 2020-2021 school year.
(b) Has an emergency loan that was issued by the state
emergency loan board in 2018 or 2019.
(c) If the school district had established a community
engagement advisory committee, is in compliance with the approved academic and
financial operating plan.
(d) Is not a school district that levies 18 mills for school
operating purposes to satisfy debt obligations.
Sec. 949o. (1) From the funds appropriated in part 1 for
disaster relief, $15,000,000.00 shall be awarded to a task force that is exempt
from federal income tax under section 501(c)(3) of the internal revenue code of
1986, 26 USC 501, and that is delegated authority for Midland and Gladwin
Counties for the four lakes special assessment district under parts 307 and 315
of the natural resources and environmental protection act, 1994 PA 451, MCL
324.30701 to 324.30723 and MCL 324.31501 to 324.31529. This money shall be used
for restoration of the four lakes, including an engineering feasibility study
or engineering design, any flood or environment studies required, dam
construction, site readiness, and construction to restore lake levels.
(2) From the funds appropriated in part 1 for disaster
relief, $500,000.00 shall be awarded to a county with a population between
15,000 and 16,000 according to the most recent federal decennial census. In
cooperation with the county road commission and local units of governments
within the county, the county may use funds to match any available funds and
cover the cleanup costs associated with disaster flooding at all levels of
government throughout the county, including, but not limited to, the county
itself, relevant road commissions, other levels of municipal government, and
matching for dam replacement or repair. Cleanup costs include, but are not
limited to, debris removal, emergency protective measures such as road
blockades, sheltering and evacuation, chemical contamination cleanup efforts,
soil erosion, and the repair of roads.
(3) From the funds appropriated in part 1 for disaster
relief, $4,000,000.00 shall be awarded toward matching for additional funds for
a state of disaster flooding that occurred in 2018 in a county with a
population between 36,000 and 37,000 and another county with population between
8,000 and 9,000 according to the most recent federal decennial census. The
total dollars shall be used to reimburse costs not covered by other sources.
The distribution of $4,000,000.00 includes the following:
(a) $1,950,000.00 to a county road commission in a county with
a population between 36,000 and 37,000 according to the most recent federal
decennial census.
(b) $600,000.00 to a city with a population between 7,000 and
8,000 located in a county with a population between 36,000 and 37,000 according
to the most recent federal decennial census.
(c) $325,000.00 to a city with a population between 4,000 and
5,000 located in a county with a population between 36,000 and 37,000 according
to the most recent federal decennial census.
(d) $482,500.00 to a village with a population between 1,000
and 1,500 located in a county with a population between 36,000 and 37,000
according to the most recent federal decennial census.
(e) $642,500.00 to a county road commission in a county with
a population between 8,000 and 9,000 according to the most recent federal
decennial census.
(4) From the funds appropriated in part 1 for disaster
relief, $400,000.00 shall be awarded to a road commission located in a county
with a population between 48,000 and 49,000 according to the most recent federal
decennial census to cover the costs from widespread flooding that occurred in
2019 that have not been reimbursed from other sources.
(5) From the funds appropriated in part 1 for disaster
relief, $105,600.00 shall be awarded to a county with a population between
63,000 and 64,000 according to the most recent federal decennial census to
cover the costs from disaster flooding that occurred in 2019 that have not been
reimbursed from other sources.
(6) From the funds appropriated in part 1 for disaster relief,
$56,000.00 shall be awarded to a city with a population between 3,000 and 4,000
located in a county with a population between 48,000 and 49,000 according to
the most recent federal decennial census to cover the costs from disaster
flooding that occurred in 2019 that have not been reimbursed from other
sources.
(7) From the funds appropriated in part 1 for disaster
relief, $2,400.00 shall be awarded to a city with a population between 5,000
and 6,000 located in a county with a population between 48,000 and 49,000
according to the most recent federal decennial census to cover the costs from
disaster flooding that occurred in 2019 that have not been reimbursed from
other sources.
(8) From the funds appropriated in part 1 for disaster
relief, $3,000,000.00 shall be awarded to a downriver community conference
located in a county with a population over 1,500,000 according to the most
recent federal decennial census to cover the costs of property damage from a
state of emergency flooding that occurred in 2019 that have not been reimbursed
from other sources.
Sec. 949p. (1) From the funds appropriated in part 1 for
teacher COVID-19 grants, there is allocated for 2020-2021 only an amount not to
exceed $53,000,000.00 for grants to eligible K-12 classroom teachers to
recognize the additional time spent outside of normal working hours and
additional costs teachers have incurred or experienced to provide a continuity
of learning during the period of school closure in 2019-2020 as a result of the
COVID-19 pandemic.
(2) The department shall distribute funding allocated under
this section directly to eligible classroom teachers in an
equal amount up to $500.00 per FTE K-12 classroom teacher employed by the
district or nonprofit nonpublic school or assigned to regularly and
continuously work under contract in a public school operated by the district or
in a nonprofit nonpublic school. An eligible classroom teacher that works full
time and is calculated as 1.0 FTE will receive $500.00 and an eligible
classroom teacher whose work time is calculated as less than 1.0 FTE shall
receive that portion of the FTE applied to $500.00. The department must
distribute funding allocated under this subsection as soon as is feasible.
(3) A classroom teacher eligible for funding under this
section must meet all of the following:
(a) Prior to the issuance of executive order 2020-35, the
teacher performed at least 75% of their standard instructional workload in a
brick and mortar classroom at a district or nonprofit nonpublic school.
(b) After issuance of executive order 2020-35, the teacher
developed tools and methods to deliver distance learning, take-home packets, or
other methods described in the district or nonprofit nonpublic school’s
continuity of learning plan.
(c) The teacher certifies to the district, in a manner
prescribed by the department, that he or she worked additional time spent
outside of normal working hours, experienced hazardous conditions, or incurred
additional costs related to ensuring students could effectively participate in
their school’s continuity of learning plan.
(4) Districts and nonprofit nonpublic schools shall provide
to the department of treasury a list of eligible classroom teachers including
their residency address on file.
(5) Districts and nonprofit nonpublic schools shall maintain
documentation of classroom teacher eligibility under subsection (3).
(6) If funds allocated under this section are insufficient to
award the amount in subsection (2) to each of the eligible classroom teachers,
the department shall reduce the grant on an equal per full-time and part-time
prorated equated classroom teacher basis.
(7) The department may retain up to 1/2 of 1% of the total
funding under this section for administration of this section.
(8) As used in this section:
(a) “Classroom teacher” means a full-time or part-time
teacher with an assigned class who provided continuity of learning to students
during the 2019-2020 period of school closure that resulted from COVID‑19.
For the purposes of this section, classroom teacher does not include substitute
teachers, paraprofessionals, support staff, or administrators.
(b) “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.
(c) “Regularly and continuously work under contract” means
that term as defined in section 1230e of the revised school
code, 1976 PA 451, MCL 380.1230e.
Sec. 949q. (1) From the funds appropriated in part 1 for
school support staff COVID-19 grants, there is allocated for 2020-2021 only an
amount not to exceed $20,000,000.00 for grants to eligible K-12 school support
staff to recognize the additional time spent outside of normal working hours,
hazardous conditions, and additional costs school support staff have incurred
or experienced to provide services to students during the period of school
closure in 2019-2020 as a result of the COVID-19 pandemic.
(2) The department shall distribute funding allocated under
this section directly to eligible school support staff in an
equal amount up to $250.00 per FTE school support staff employed by the
district or assigned to regularly and continuously work under contract in a
public school operated by the district. An eligible school support staff that
works full time and is calculated as 1.0 FTE will receive $250.00 and an
eligible school support staff whose work time is calculated as less than 1.0 FTE
shall receive that portion of the FTE applied to $250.00. The department must
distribute funding allocated under this subsection as soon as is feasible.
(3) A school support staff eligible for funding under this
section must meet both of the following:
(a) Prior to the issuance of Executive Order No. 2020-35, the
school support staff performed at least 75% of their workload in a brick and
mortar school building at a district.
(b) The school support staff certifies to the district, in a
manner prescribed by the department, that he or she worked additional time
spent outside of normal working hours, experienced hazardous conditions, or
incurred additional costs related to providing student services during the
COVID-19 pandemic.
(4) Districts shall provide to the department of treasury a
list of eligible school support staff including their residency address on
file.
(5) Districts shall maintain documentation of staff
eligibility under subsection (3).
(6) If funds allocated under this section are insufficient to
award the amount in subsection (2) to each of the eligible school support
staff, the department shall reduce the grant on an equal per full-time and
part-time prorated equated school support staff basis.
(7) The department may retain up to 1/2 of 1% of the total
funding under this section for administration of this section.
(8) As used in this section:
(a) “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.
(b) “Regularly and continuously work under contract” means
that term as defined in section 1230e of the revised school code, 1976 PA 451,
MCL 380.1230e.
(c) “School support staff” means a full-time or part-time
paraprofessional, aide, or noninstructional staff, according to the registry of
educational personnel, who provided services to students during the 2019-2020
period of school closure that resulted from COVID-19. For the purposes of this
section, school support staff does not include substitute teachers or classroom
teachers.
REVENUE SHARING
Sec. 950. The funds appropriated in part 1 for constitutional
revenue sharing shall be distributed by the department of treasury to cities,
villages, and townships, as required under section 10 of article IX of the
state constitution of 1963. Revenue collected in accordance with section 10 of
article IX of the state constitution of 1963 in excess of the amount
appropriated in part 1 for constitutional revenue sharing is appropriated for
distribution to cities, villages, and townships, on a population basis as
required under section 10 of article IX of the state constitution of 1963.
Sec. 952. (1) The funds appropriated in part 1 for city,
village, and township revenue sharing are for grants to cities, villages, and
townships such that, subject to fulfilling the requirements under subsection
(3), each city, village, or township that received a payment under section
952(1) of 2019 PA 56 is eligible to receive a payment equal to 100.0% of its
total eligible payment under section 952(1) of 2019 PA 56, rounded to the
nearest dollar. For purposes of this subsection, any city, village, or township
that completely merges with another city, village, or township will be treated
as a single entity, such that when determining the eligible payment under
section 952(1) of 2019 PA 56 for the combined single entity, the amount each of
the merging local units was eligible to receive under section 952(1) of 2019 PA
56 is summed.
(2) The funds appropriated in part 1 for the county incentive
program are to be used for grants to counties such that each county is eligible
to receive an amount equal to 20% of the amount determined pursuant to the
Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to
141.921. The amount calculated under this subsection shall be adjusted as
necessary to reflect partial county fiscal years and prorated based on the
total amount appropriated for distribution to all eligible counties. Except as
otherwise provided under this subsection, payments under this subsection will
be distributed to an eligible county subject to the county’s fulfilling the
requirements under subsection (3).
(3) For purposes of accountability and transparency, each eligible
city, village, township, or county shall certify by December 1, or the first
day of a payment month, that it has produced a citizen’s guide of its most
recent local finances, including a recognition of its unfunded liabilities; a
performance dashboard; a debt service report containing a detailed listing of
its debt service requirements, including, at a minimum, the issuance date,
issuance amount, type of debt instrument, a listing of all revenues pledged to
finance debt service by debt instrument, and a listing of the annual payment
amounts until maturity; and a projected budget report, including, at a minimum,
the current fiscal year and a projection for the immediately following fiscal
year. The projected budget report shall include revenues and expenditures and
an explanation of the assumptions used for the projections. Each eligible city,
village, township, or county shall include in any mailing of general
information to its citizens the internet website address location for its
citizen’s guide, performance dashboard, debt service report, and projected
budget report or the physical location where these documents are available for
public viewing in the city, village, township, or county clerk’s office. Each
city, village, township, and county applying for a payment under this
subsection shall submit a copy of the performance dashboard, a copy of the debt
service report, and a copy of the projected budget report to the department of
treasury. In addition, each eligible city, village, township, or county
applying for a payment under this subsection shall either submit a copy of the
citizen’s guide or certify that the city, village, township, or county will be
utilizing treasury’s online citizen’s guide. The department of treasury shall
develop detailed guidance for a city, village, township, or county to follow to
meet the requirements of this subsection. The detailed guidance shall be posted
on the department of treasury website and distributed to cities, villages,
townships, and counties by October 1.
(4) City, village, and township revenue sharing payments and
county incentive program payments are subject to the following conditions:
(a) The city, village, township, or county shall certify to
the department that it has met the required criteria for subsection (3) and
submitted the required citizen’s guide, performance dashboard, debt service
report, and projected budget report as required by subsection (3). A department
of treasury review of the citizen’s guide, dashboard, or reports is not
required in order for a city, village, township, or county to receive a payment
under subsection (1) or (2). The department shall develop a certification
process and method for cities, villages, townships, and counties to follow.
(b) Subject to subdivisions (c), (d), and (e), if a city,
village, township, or county meets the requirements of subsection (3), the
city, village, township, or county shall receive its full potential payment
under this section.
(c) Cities, villages, and townships eligible to receive a
payment under subsection (1) shall receive 1/6 of their eligible payment on the
last business day of October, December, February, April, June, and August.
Payments under subsection (1) shall be issued to cities, villages, and
townships until the specified due date for subsection (3). After the specified
due date for subsection (3), payments shall be made to a city, village, or
township only if that city, village, or township has complied with subdivision
(a).
(d) Payments under subsection (2) shall be issued to counties
until the specified due date for subsection (3). After the specified due
date for subsection (3), payments shall be made to a county only if that county
has complied with subdivision (a).
(e) If a city, village, township, or county does not submit
the required certification, citizen’s guide, performance dashboard, debt service
report, and projected budget report by the first day of a payment month, the
city, village, township, or county shall forfeit the payment in that payment
month.
(f) Any city, village, township, or county that falsifies
certification documents shall forfeit any future city, village, and township
revenue sharing payments or county incentive program payments and shall repay
to this state all payments it has received under this section.
(g) City, village, and township revenue sharing payments and
county incentive program payments under this section shall be distributed on
the last business day of October, December, February, April, June, and August.
(h) Payments distributed under this section may be withheld
pursuant to sections 17a and 21 of the Glenn Steil state revenue sharing act of
1971, 1971 PA 140, MCL 141.917a and 141.921.
(5) The unexpended funds appropriated in part 1 for city,
village, and township revenue sharing and the county incentive program shall be
available for expenditure under the program for financially distressed cities,
villages, or townships after the approval of transfers by the legislature
pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(6) Any city, village, or township eligible to receive a payment
under subsection (1) and determined to have a retirement pension benefit system
in underfunded status under section 5 of the protecting local government
retirement and benefits act, 2017 PA 202, MCL 38.2805, must allocate an amount
equal to its current year eligible payment under subsection (1) less the sum of
its eligible payment for city, village, and township revenue sharing in 2019 PA
56 to its pension unfunded liability. A city, village, or township that has
issued a municipal security under section 518 of the revised municipal finance
act, 2001 PA 34, MCL 141.2518, is exempt from this requirement.
Sec. 955. (1) The funds appropriated in part 1 for county
revenue sharing shall be distributed by the department of treasury so that each
eligible county receives a payment equal to 104.5619% of the amount determined
pursuant to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL
141.901 to 141.921, less the amount for which the county is eligible under
section 952(2) of this part. The amount calculated under this subsection shall
be adjusted as necessary to reflect partial county fiscal years and prorated
based on the total amount appropriated for distribution to all eligible
counties.
(2) The department of treasury shall annually certify to the
state budget director the amount each county is authorized to expend from its
revenue sharing reserve fund.
(3) Any county eligible to receive a payment under subsection
(1) and determined to have a retirement pension benefit system in underfunded
status under section 5 of the protecting local government retirement and
benefits act, 2017 PA 202, MCL 38.2805, must allocate an amount equal to the
sum of its current year eligible payment for county revenue sharing and the
county incentive program less the sum of its 2019 PA 56 eligible payment
for county revenue sharing and the county incentive program to its pension
unfunded liability. A county that has issued a municipal security under section
518 of the revised municipal finance act, 2001 PA 34, MCL 141.2518, is exempt
from this requirement.
Sec. 956. (1)
The funds appropriated in part 1 for financially distressed cities, villages,
or townships shall be granted by the department of treasury to cities,
villages, and townships that have 1 or more conditions that indicate probable
financial distress, as determined by the department of treasury. A city,
village, or township with 1 or more conditions that indicate probable financial
distress may apply in a manner determined by the department of treasury for a
grant to pay for specific projects or services that move the city, village, or
township toward financial stability. Grants are to be used for specific
projects or services that move the city, village, or township toward financial
stability. The city, village, or township must use the grants under this
section to make payments to reduce unfunded accrued liability; to repair or
replace critical infrastructure and equipment owned or maintained by the city,
village, or township; to reduce debt obligations; or for costs associated with
a transition to shared services with another jurisdiction; or to administer
other projects that move the city, village, or township toward financial stability.
The department of treasury shall award no more than $2,000,000.00 to any city,
village, or township under this section.
(2) The
department of treasury shall provide a report to the senate and house of
representatives appropriations subcommittees on general government, the senate
and house fiscal agencies, and the state budget office by March 31. The report
shall include a list by grant recipient of the date each grant was approved,
the amount of the grant, and a description of the project or projects that will
be paid by the grant.
(3) The
unexpended funds appropriated in part 1 for financially distressed cities,
villages, or townships 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 expenditure for projects under this section until
the projects have been completed. The following is in compliance with section
451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose
of the project is to provide assistance to financially distressed cities,
villages, and townships under this section.
(b) The
projects will be accomplished by grants to cities, villages, and townships
approved by the department of treasury.
(c) The total
estimated cost of all projects is $2,500,000.00.
(d) The tentative
completion date is September 30, 2025.
BUREAU OF STATE LOTTERY
Sec. 960. In
addition to the funds appropriated in part 1 to the bureau of state lottery,
there is appropriated from state lottery fund revenues the amount necessary
for, and directly related to, implementing and operating lottery games under
the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to
432.47, and activities under the Traxler-McCauley-Law-Bowman bingo act, 1972 PA
382, MCL 432.101 to 432.120, including expenditures for contractually mandated
payments for vendor commissions, contractually mandated payments for instant
tickets intended for resale, the contractual costs of providing and maintaining
the online system communications network, and incentive and bonus payments to
lottery retailers.
Sec. 964. For
the bureau of state lottery, there is appropriated 1% of the lottery’s prior
fiscal year’s gross sales for promotion and advertising.
CASINO GAMING
Sec. 971. (1)
From the revenue collected by the Michigan gaming control board regarding the
total annual assessment of each casino licensee, $2,000,000.00 is appropriated
and shall be deposited in the compulsive gaming prevention fund as described in
section 12a(5) of the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL
432.212a.
(2) After the
board has incurred the costs of regulating and enforcing internet sports
betting, $500,000.00 is appropriated and shall be deposited into the compulsive
gaming prevention fund as described in section 16(4)(b) of the lawful sports
betting act, 2019 PA 149, MCL 432.416. Following these disbursements,
$2,000,000.00 is appropriated and shall be deposited in the first responder
presumed coverage fund as described in section 16(4)(c) of the lawful sports
betting act, 2019 PA 149, MCL 432.416.
(3) An
appropriation of $500,000.00 shall be deposited into the compulsive gaming
prevention fund as described in section 16(4)(b) of the lawful internet gaming
act, 2019 PA 152, MCL 432.316, except as provided in section 15(2) of the lawful
internet gaming act, 2019 PA 152, MCL 432.315, and after the board has incurred
the costs of regulating and enforcing internet gaming under the act, 2019 PA
152, MCL 432.301 to 432.322. Following these disbursements, $2,000,000.00 is
appropriated and shall be deposited into the first responder presumed coverage
fund as described in section 16(4)(c) of the lawful internet gaming act, 2019
PA 152, MCL 432.316.
Sec. 973. (1)
Funds appropriated in part 1 for local government programs may be used to
provide assistance to a local revenue sharing board referenced in an agreement
authorized by the Indian gaming regulatory act, Public Law 100-497.
(2) A local
revenue sharing board described in subsection (1) shall comply with the open
meetings act, 1976 PA 267,
(3) A county treasurer is authorized to receive and
administer funds received for and on behalf of a local revenue sharing board.
Funds appropriated in part 1 for local government programs may be used to audit
local revenue sharing board funds held by a county treasurer. This section does
not limit the ability of local units of government to enter into agreements
with federally recognized Indian tribes to provide financial assistance to
local units of government or to jointly provide public services.
(4) A local revenue sharing board described in subsection (1)
shall comply with all applicable provisions of any agreement authorized by the
Indian gaming regulatory act, Public Law 100-497, in which the local revenue
sharing board is referenced, including, but not limited to, the disbursal of
tribal casino payments received under applicable provisions of the tribal-state
class
(5) The director of the department of state police and the
executive director of the Michigan gaming control board are authorized to
assist the local revenue sharing boards in determining allocations to be made
to local public safety organizations.
(6) The Michigan gaming control board shall submit a report
by September 30 to the senate and house of representatives standing committees
on appropriations and the state budget director on the receipts and
distribution of revenues by local revenue sharing boards.
Sec. 974. If revenues collected in the state services fee
fund are less than the amounts appropriated from the fund, available revenues
shall be used to fully fund the appropriation in part 1 for casino gaming
regulation activities before distributions are made to other state departments
and agencies. If the remaining revenue in the fund is insufficient to fully
fund appropriations to other state departments or agencies, the shortfall shall
be distributed proportionally among those departments and agencies.
Sec. 976. The executive director of the Michigan gaming
control board may pay rewards of not more than $5,000.00 to a person who
provides information that results in the arrest and conviction on a felony or
misdemeanor charge for a crime that involves the horse racing industry. A
reward paid pursuant to this section shall be paid out of the appropriation in
part 1 for the racing commission.
Sec. 977. All appropriations from the Michigan agriculture
equine industry development fund, except for the racing commission
appropriations, shall be reduced proportionately if revenues to the Michigan
agriculture equine industry development fund decline during the current fiscal
year to a level lower than the amount appropriated in part 1.
Sec. 978. The Michigan gaming control board shall use actual
expenditure data in determining the actual regulatory costs of conducting
racing dates and shall provide that data to the senate and house appropriations
subcommittees on agriculture and general government, the state budget office,
and the senate and house fiscal agencies. The Michigan gaming control board
shall not be reimbursed for more than the actual regulatory cost of conducting
race dates. If a certified horsemen’s organization funds more than the actual
regulatory cost, the balance shall remain in the agriculture equine industry
development fund to be used to fund subsequent race dates conducted by race
meeting licensees with which the certified horsemen’s organization has
contracts. If a certified horsemen’s organization funds less than the actual
regulatory costs of the additional horse racing dates, the Michigan gaming
control board shall reduce the number of future race dates conducted by race
meeting licensees with which the certified horsemen’s organization has
contracts. Prior to the reduction in the number of authorized race dates due to
budget deficits, the executive director of the Michigan gaming control board
shall provide notice to the certified horsemen’s organizations with an opportunity
to respond with alternatives. In determining actual costs, the Michigan gaming
control board shall take into account that each specific breed may require
different regulatory mechanisms.
Sec. 979. From the funds appropriated in part 1 for millionaire
party regulation, the Michigan gaming control board may receive and expend
state lottery fund revenue in an amount not to exceed the amount appropriated
in part 1 for necessary expenses incurred in the licensing and regulation of
millionaire parties pursuant to Executive Order No. 2012-4. In accordance with
section 8 of the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL
432.108, the amount of necessary expenses shall not exceed the amount of revenue
received under that act. The Michigan gaming control board shall provide a
report to the senate and house of representatives appropriations subcommittees
on general government, the senate and house fiscal agencies, and the state
budget office by March 1. The report shall include, but not be limited to,
total expenditures related to the licensing and regulating of millionaire
parties, steps taken to ensure charities are receiving revenue due to them,
progress on promulgating rules to ensure compliance with the
Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, and
any enforcement actions taken.
DEPARTMENT OF LABOR
AND ECONOMIC OPPORTUNITY
Sec. 980. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $15,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in part 1 under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state restricted
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for private contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in part 1 under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
Sec. 981. Total authorized appropriations from all sources under
part 1 for legacy costs for the fiscal year ending September 30, 2021 are
$58,923,000.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $28,272,000.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$30,651,000.00.
Sec. 982. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those included in
part 1 and that do not require additional state matching funds are appropriated
for the purposes intended. The department may carry forward into the succeeding
fiscal year unexpended federal pass-through funds to local institutions and
governments that do not require additional state matching funds. The department
shall report the amount and source of the funds to the relevant senate and
house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director within 10 business days after
receiving any additional pass-through funds.
Sec. 983. From the funds
appropriated in part 1, Michigan department of labor and economic opportunity,
Michigan strategic fund, and Michigan state housing development authority shall
not use funds for broadband construction, expansion, repairs, or upgrades or to
issue or refinance bonds for broadband construction, expansion, repairs, or
upgrades.
Sec. 984. As a condition of receiving funds in part 1, the
department of labor and economic opportunity shall utilize SIGMA as an
appropriation and expenditure reporting system to track all financial
transactions with individual vendors, contractual partners, grantees,
recipients of business incentives, and recipients of other economic assistance.
Encumbrances and expenditures shall be reported in a timely manner.
Sec. 985. (1) Grants supported with private revenues received
by the department are appropriated upon receipt and are available for
expenditure by the department, subject to subsection (3), for purposes specified
within the grant agreement and as permitted under state and federal law.
(2) Within 10 days after the receipt of a private grant
appropriated in subsection (1), the department shall notify the house and
senate chairpersons of the subcommittees, the senate and house fiscal agencies,
and the state budget director of the receipt of the grant, including the fund
source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not
exceed $1,500,000.00.
Sec. 986. (1) The department may charge registration fees to
attendees of informational, training, or special events sponsored by the
department, and related to activities that are under the department’s purview.
(2) These fees shall reflect the costs for the department to
sponsor the informational, training, or special events.
(3) Revenue generated by the registration fees is
appropriated upon receipt and available for expenditure to cover the department’s
costs of sponsoring informational, training, or special events.
(4) Revenue generated by registration fees in excess of the
department’s costs of sponsoring informational, training, or special events
shall carry forward to the subsequent fiscal year and not lapse to the general
fund.
(5) The amount appropriated under subsection (3) shall not
exceed $500,000.00.
Sec. 987. (1) The department may sell documents at a price
not to exceed the cost of production and distribution. Money received from the
sale of these documents shall revert to the department. In addition to the funds
appropriated in part 1, these funds are available for expenditure when they are
received by the department of treasury. This subsection applies only to R
418.10101 to R 418.101504 of the Michigan Administrative Code.
(2) Unexpended funds at the end of the fiscal year shall
carry forward to the subsequent fiscal year and not lapse to the general fund.
Sec. 988. If the revenue collected by the department for
radiological health administration and projects from fees and collections
exceeds the amount appropriated in part 1, the revenue may be carried forward
into the subsequent fiscal year. The revenue carried forward under this section
shall be used as the first source of funds in the subsequent fiscal year.
Sec. 989. It is the intent of the legislature that the
workers’ compensation agency through the department of labor and economic
opportunity annually update R 418.10101 to R 418.101504 of the Michigan
Administrative Code, as required under sections 205 and 315 of the worker’s
disability compensation act, 1969 PA 317, MCL 418.205 and 418.315, and section
33 of the administrative procedures act, 1969 PA 306, MCL 24.233.
MICHIGAN STATE HOUSING
DEVELOPMENT AUTHORITY
Sec. 990. MSHDA shall annually present a report to the state
budget office and the subcommittees on the status of the authority’s housing
production goals under all financing programs established or administered by
the authority. The report shall give special attention to efforts to raise
affordable multifamily housing production goals.
state LAND BANK
AUTHORITY
Sec. 995. In addition to the amounts appropriated in part 1,
the state land bank authority may expend revenues received under the land bank
fast track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes
authorized by the act, including, but not limited to, the acquisition, lease,
management, demolition, maintenance, or rehabilitation of real or personal
property, payment of debt service for notes or bonds issued by the authority,
and other expenses to clear or quiet title property held by the authority.
MICHIGAN STRATEGIC
FUND
Sec. 1004. As a condition of receiving funds appropriated in
part 1, the MSF shall provide all information required to be transmitted in the
activities report required under section 9 of the Michigan strategic fund act,
1984 PA 270, MCL 125.2009, to the chairpersons of the senate and house of
representatives standing committees on appropriations, the chairpersons of the
relevant senate and house of representatives appropriations subcommittees, the
senate and house fiscal agencies, and the state budget director by March 15.
Sec. 1005. In addition to the appropriations in part 1,
Travel Michigan may receive and expend private revenue related to the use of “Pure
Michigan” and all other copyrighted slogans and images. This revenue may come
from the direct licensing of the name and image or from the royalty payments
from various merchandise sales. Revenue collected is appropriated for the
marketing of the state as a travel destination. The funds are available for
expenditure when they are received by the department of treasury. If the fund
receives revenues from the use of “Pure Michigan”, the fund shall provide a
report that lists the revenues by source received from the use of “Pure
Michigan” and all other copyrighted slogans and images. The report shall
provide a detailed list of expenditures of revenues received under this
section. The report shall be provided to the chairpersons of the senate and
house of representatives standing committees on appropriations, the relevant
senate and house of representatives appropriations subcommittees, the house and
senate fiscal agencies, and the state budget director by March 1.
Sec. 1005a. (1) From the funds appropriated in part 1 for
Pure Michigan, general fund dollars shall be appropriated for the following
purposes:
(a) Conduction of market research regionally, nationally, and
internationally for use in market campaigns.
(b) Production of advertisements for the promotion of
Michigan as a place to live, work, and play.
(c) Placement of advertisements in regional, national, and
international market campaigns.
(d) Administration of the program.
(e) Other activities that promote Michigan as a place to
live, work, and play.
(2) The fund may contract any of the activities under
subsection (1).
(3) The fund may work in cooperation with local units of
government, nonprofit entities, and private entities on Pure Michigan promotion
campaigns. The fund shall include agreements prior to undertaking cooperative
marketing campaigns.
Sec. 1005b. (1) A local promotion fund is created in the department
of labor and economic opportunity. The fund may receive funds from local units
of government and nonprofit entities and deposit these funds into the local
promotion fund. Funds received are available for expenditure for use in Pure
Michigan promotion campaigns. As used in this subsection, the term “local unit
of government” includes cities, villages, townships, counties, and regional
councils of government. The fund may maintain individual accounts for local
units of government and nonprofit entities that deposit funds into the local
promotion fund upon request from a local unit.
(2) Local promotion funds appropriated in part 1 may be used
for media production and placements, national and international marketing
campaigns, and for other activities that promote Michigan as a place to live,
work, and play.
(3) Any
unexpended or unencumbered balance shall be disposed of in accordance with the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless
carryforward authorization has been otherwise provided for.
Sec. 1005c.
(1) A private promotion fund is created in the department of labor and economic
opportunity. The fund may receive funds from private entities and deposit these
funds into the private promotion fund. Funds received are available for
expenditure for use in Pure Michigan promotion campaigns. The fund may maintain
individual accounts for private entities that deposit funds into the private
promotion fund upon request from a private entity.
(2) Private
promotion funds appropriated in part 1 may be used for media production and
placements, national and international marketing campaigns, and for other
activities that promote Michigan as a place to live, work, and play.
(3) Any
unexpended or unencumbered balance shall be disposed of in accordance with the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless
carryforward authorization has been otherwise provided for.
Sec. 1006. (1)
As a condition of receiving funds appropriated in part 1, the fund shall
provide a report of all approved amendments to projects for the immediately
preceding year under sections 88r and 90b of the Michigan strategic fund act,
1984 PA 270, MCL 125.2088r and 125.2090b. The report shall provide a description
of each amendment, by award, which shall include, but is not limited to, the
following:
(a) The
amended award amount relative to the prior award amount.
(b) The
amended number of committed jobs relative to the prior number of committed
jobs.
(c) The
amended amount of qualified investment committed relative to the prior amount
of qualified investment committed.
(d) A
description of any change in scope of the project.
(e) A
description of any change in project benchmarks, deadlines, or completion dates.
(f) The reason
or justification for the amendment approval.
(2) In
addition to being posted online, the report shall be distributed to the
chairpersons of the senate and house of representatives standing committees on
appropriations, the chairpersons of the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget office by March 15.
Sec. 1007. (1) As a condition of receiving funds appropriated in part 1,
the fund shall request the following information from the MEDC:
(a) Approved budget from the MEDC executive committee for the current fiscal year and
actual budget expenditures for the preceding fiscal years.
(b) Expenditures and revenues as part of the
current and preceding year budgets, including the available fund balance for
the current and preceding fiscal years.
(c) The total number of FTEs, by state and corporate status.
(d) A reporting of activities, programs, and grants consistent with the
preceding fiscal year budget.
(2) Information received by the MSF pursuant to this section shall be
posted online and distributed to the chairpersons of the senate and house of
representatives standing committees on appropriations, the chairpersons of the relevant senate and house of representatives appropriations
subcommittees, the senate and house
fiscal agencies, and the state budget director by March 15.
Sec. 1008. As
a condition of receiving funds under part 1, any interlocal agreement entered
into by the fund shall include language which states that if a local unit of
government has a contract or memorandum of understanding with a private
economic development agency, the MEDC will work cooperatively with that private
organization in that local area.
Sec. 1009. (1)
Of the funds appropriated to the fund or through grants to the MEDC, no funds
shall be expended for the purchase of options on land or the purchase of land
unless at least 1 of the following conditions applies:
(a) The land
is located in an economically distressed area.
(b) The land
is obtained through a purchase or exercise of an option at the invitation of
the local unit of government and local economic development agency.
(2)
Consideration may be given to purchases where the proposed use of the land is
consistent with a regional land use plan, will result in the redevelopment of
an economically distressed area, can be supported by existing infrastructure,
and will not cause shifts in population away from the area’s population
centers.
(3) As used in
this section, “economically distressed area” means an area in a city, village,
or township that has been designated as blighted; a city, village, or township
that shows negative population change from 1970 and a poverty rate and
unemployment rate greater than the statewide average; or an area certified as a
neighborhood enterprise zone under the neighborhood enterprise zone act, 1992
PA 147, MCL 207.771 to 207.786.
(4) If land or options on land are purchased under subsection
(1), the fund shall provide a report to the senate and house of representatives
standing committees on appropriations, the relevant senate and house of
representatives appropriations subcommittees, the senate and house fiscal
agencies, and the state budget director that provides a list of all properties
purchased, all options on land purchased, the location of the land purchased,
and the purchase price if the fund purchases options on land or land. The
report must be submitted before March 15.
Sec. 1010. As a condition for receiving funds in part 1, not
later than March 15, the fund shall provide a report for the immediately
preceding fiscal year on the jobs for Michigan investment fund, created in
section 88h of the Michigan strategic fund act, 1984 PA 270, MCL
125.2088h. The report shall be submitted to the chairpersons of the senate and
house of representatives standing committees on appropriations, the
chairpersons of the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget director.
The report shall include, but is not limited to, all of the following:
(a) A detailed listing of revenues, by fund source, to the
jobs for Michigan investment fund. The listing shall include the manner and
reason for which the funds were appropriated to the jobs for Michigan
investment fund.
(b) A detailed listing of expenditures, by project, from the
jobs for Michigan investment fund.
(c) A fiscal year-end balance of the jobs for Michigan
investment fund.
Sec. 1011. (1) From the appropriations in part 1 to the fund
and granted or transferred to the MEDC, any unexpended or unencumbered balance
shall be disposed of in accordance with the requirements in the management and
budget act, 1984 PA 431,
(2) Any encumbered funds, including encumbered funds
subsequently unobligated, shall be used for the same purposes for which funding
was originally appropriated in this part and part 1.
(3) For funds appropriated in part 1 to the fund, any
carryforward authorization subsequently created through a work project shall be
preserved until a cash or accrued expenditure has been executed or the
allowable work project time period has expired.
Sec. 1012. (1) As a condition of receiving funds under part
1, the fund shall ensure that the
(a) The freedom of information act, 1976 PA 442,
(b) The open meetings act, 1976 PA 267,
(c) Annual audits of all financial records by the auditor
general or his or her designee.
(d) All reports required by law to be submitted to the
legislature.
(2) If the
Sec. 1013. As a condition for receiving the appropriations in
part 1, any staff of the MEDC involved in private fund-raising activities shall
not be party to any decisions regarding the awarding of grants, incentives, or
tax abatements from the fund, the MEDC, or the Michigan economic growth
authority.
Sec. 1024. From the funds appropriated in part 1 for business
attraction and community revitalization, not less than 20% shall be granted by
the fund board for brownfield redevelopment and historic preservation projects
under the community revitalization program authorized by chapter 8C of the
Michigan strategic fund act, 1984 PA 270, MCL 125.2090 to 125.2090d.
Sec. 1032. (1) The fund shall report to the chairpersons of
the senate and house of representatives standing committees on appropriations,
the relevant senate and house of representatives appropriations subcommittees,
the state budget director, and the senate and house fiscal agencies on the
status of the film incentives at the same time as it submits the annual report
required under section 455 of the Michigan business tax act, 2007 PA 36,
(a) The tax credit provided under section 455 of the Michigan
business tax act, 2007 PA 36,
(b) The tax credit provided under section 457 of the Michigan
business tax act, 2007 PA 36,
(c) The tax credit provided under section 459 of the Michigan
business tax act, 2007 PA 36,
(d) The amount of any tax credit claimed under former section
367 of the income tax act of 1967, 1967 PA 281.
(e) Any tax credits provided for film and digital media
production under the Michigan economic growth authority act, 1995 PA 24,
(f) Loans to an eligible production company or film and
digital media private equity fund authorized under section 88d(3), (4), and (5)
of the Michigan strategic fund act, 1984 PA 270,
(2) The report shall include all of the following
information:
(a) For each tax credit, the number of contracts signed, the
projected expenditures qualifying for the credit, and the estimated value of
the credits. For loans, the number of loans made under each section, the
interest rate of those loans, the loan amount, the percent of the projected
budget of each production financed by those loans, and the estimated interest
earnings from the loan.
(b) For credits authorized under section 455 of the Michigan
business tax act, 2007 PA 36,
(c) For each of the tax credit incentives and loan incentives
listed in subsection (1), a breakdown for each project or production showing
each of the following:
(i) The number of
temporary jobs created.
(ii) The number of
permanent jobs created.
(iii) The number of
persons employed in Michigan as a result of the incentive, on a full-time
equated basis.
(3) For any information not included in the report due to the
provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax
act, 2007 PA 36,
(a) Indicate how the information would describe the
commercial and financial operations or intellectual property of the company.
(b) Attest that the information has not been publicly
disseminated at any time.
(c) Describe how disclosure of the information may put the
company at a competitive disadvantage.
(4) Any information not disclosed due to the provisions of
section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36,
Sec. 1033. As a condition of receiving funds in part 1, not
later than March 15, the fund shall provide a report on the activities of the
Michigan film and digital media office for the immediately preceding fiscal
year. The report shall be submitted to the chairpersons of the senate and house
of representatives standing committees on appropriations, the chairpersons of
the relevant senate and house of representatives appropriations subcommittees,
the senate and house fiscal agencies, and the state budget office. The report
shall include, but not be limited to, a listing of all projects the Michigan
film and digital media office provided assistance on, a listing of the services
provided for each project, and an estimate of investment leveraged.
Sec. 1034. Each business incubator or accelerator that
received an award from the fund shall maintain and update a dashboard of
indicators to measure the effectiveness of the business incubator and
accelerator programs. Indicators shall include the direct jobs created, new
companies launched as a direct result of business incubator or accelerator
involvement, businesses expanded as a direct result of business incubator or
accelerator involvement, direct investment in client companies, private equity
financing obtained by client companies, grant funding obtained by client
companies, and other measures developed by the recipient business incubators
and accelerators in conjunction with the MEDC. Dashboard indicators shall be
reported for the prior fiscal year and cumulatively, if available. Each
recipient shall submit a copy of their dashboard indicators to the fund by
March 1. The fund shall transmit the local reports to the chairpersons of the
senate and house of representatives standing committees on appropriations, the
relevant senate and house of representatives appropriations subcommittees, the
senate and house fiscal agencies, and the state budget director by March 15.
Sec. 1035. (1) From the
appropriations in part 1, the Michigan council for arts and cultural affairs shall
administer an arts and cultural grant program that maintains an equitable
geographic distribution of funding and utilizes past arts and cultural grant
programs as a guideline for administering this program. The council shall do
all of the following:
(a) On or before October 1, the
council shall publish proposed application criteria, instructions, and forms
for use by eligible applicants. The council shall provide at least a 2-week
period for public comment before finalizing the application criteria, instructions,
and forms.
(b) A nonrefundable application fee may be assessed for each application.
Application fees shall be deposited in the council for the arts fund and are
appropriated for expenses necessary to administer the programs. These funds are
available for expenditure when they are received and may be carried forward to
the following fiscal year.
(c) Grants are to be made to public and private arts and cultural
entities.
(d) Within 1 business day after the award announcements, the council
shall provide to each member of the legislature and the fiscal agencies a list
of all grant recipients and the total award given to each recipient, sorted by
county.
(e) In addition to the information in subdivision (d), the council shall
report on the number of applications received, number of grants awarded, total
amount requested from applications received, and total amount of grants
awarded.
(2) The appropriation in part 1 for arts and cultural program shall not
be used for the administration of the grant program.
Sec. 1036. (1) The general fund/general purpose funds appropriated in
part 1 to the fund for business attraction and community revitalization shall
be transferred to the 21st century jobs trust fund per section 90b(3) of the
Michigan strategic fund act, 1984 PA 270, MCL 125.2090b.
(2) Funds transferred to the 21st century jobs trust fund under
subsection (1) are appropriated and available for allocation as authorized in
the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094.
Sec. 1041. From the funds appropriated in part 1 for business attraction
and community revitalization, the fund shall request the transfer by the state
treasurer of not more than 60% of the funds prior to April 1.
Sec. 1042. For the funds appropriated in part 1 for business attraction
and community revitalization, the fund shall report quarterly on the amount of
funds considered appropriated, pre-encumbered, encumbered, and expended. The
report shall also include a listing of all previous appropriations for business
attraction and community revitalization, or a predecessor, that were considered
appropriated, pre-encumbered, encumbered, or expended that have lapsed back to
the fund for any purpose. The report shall be submitted to the chairpersons of
the senate and house of representatives standing committees on appropriations,
the chairpersons of the relevant senate and
house of representatives appropriations subcommittees, the senate and house fiscal agencies, and the state budget director.
Sec. 1043. (1) The fund, in conjunction with the department of treasury,
shall report to the chairpersons of the senate and house of representatives
standing committees on appropriations, the relevant
senate and house of representatives appropriations subcommittees, the senate and house fiscal agencies, and
the state budget director by November 1 on the annual cost of the MEGA tax
credits. The report shall include for each year the board-approved credit
amount, adjusted for credit amendments where applicable, and the actual and
projected value of tax credits for each year from 1995 to the expiration of the
credit program. For years for which credit claims are complete, the report
shall include the total of actual certificated credit amounts. For years for
which claims are still pending or not yet submitted, the report shall include a
combination of actual credits where available and projected credits. Credit projections
shall be based on updated estimates of employees, wages, and benefits for
eligible companies.
(2) In addition to the report under subsection (1), the fund, in
conjunction with the department of treasury, shall report to the relevant senate and house of representatives appropriations
subcommittees, the senate and house
fiscal agencies, and the state budget director by November 1 on the annual cost
of all other certificated credits by program, for each year until the credits
expire or can no longer be collected. The report shall include estimates on the
brownfield redevelopment credit, film credits, MEGA photovoltaic technology
credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery
credit, and other certificated credits.
Sec. 1044. As a condition of receiving
appropriations in part 1, prior to authorizing the transfer of any previously
authorized tax credit that would increase the liability to this state, the
fund, on behalf of the MSF board, shall notify the chairpersons of the senate
and house of representatives standing committees on appropriations, the
chairpersons of the relevant senate and
house of representatives appropriations subcommittees, the senate and house fiscal agencies, and
the state budget director not fewer than 30 days prior to the authorization of
the tax credit transfer.
Sec. 1047. (1)
From the funds appropriated in part 1 for Michigan enhancement grants,
$600,000.00 shall be awarded to the electronic recording commission. From the
funds appropriated, the commission shall expend up to $200,000.00 annually this
fiscal year and in the 2 subsequent fiscal years for grants to counties to
facilitate or upgrade real property e-recording capabilities. These grants
shall be distributed to counties following application to and approval by the
commission. The grants shall not exceed $12,000.00 per request and must be used
to invest in or upgrade software necessary for the electronic recording of real
property documents. The funds for the electronic recording commission are
subject to the following:
(a) The
commission shall determine an appropriate percentage of total funds to be
reserved for newly participating counties and counties which will expend the
funds to upgrade the designated software. The commission may require a 10%
match in funds from each county to which funds are awarded.
(b) Unexpended
grant funds appropriated in part 1 for the electronic recording commission 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 grants under this section until the grant program is
completed.
(2) From the
funds appropriated in part 1 for Michigan enhancement grants, $1,102,000.00
shall be awarded for a retirement funding shortfall at an association
established to provide services and support to Michigan’s workforce development
system located in a county with a population of between 16,000 and 17,000
according to the most recent federal decennial census.
(3) From the
funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00
shall be awarded to a private, not-for-profit provider of children and family
welfare services and behavioral health care services with more than 15 centers
throughout the state.
(4) From the
funds appropriated in part 1 for Michigan enhancement grants, $1,500,000.00
shall be deposited into the rural jobs and capital investment creation fund
created under section 90n of the Michigan strategic fund act, 1984 PA 270, MCL
125.2090n. All funds in the rural jobs and capital investment creation fund are
appropriated and available for expenditure pursuant to sections 90m to 90r of
the Michigan strategic fund act, 1984 PA 270, MCL 125.2090m to 125.2090r.
(5) From the
funds appropriated in part 1 for Michigan enhancement grants, $3,000,000.00
shall be allocated to a nonprofit Michigan health care system organized under
the laws of this state that is exempt from federal income tax under section
501(c)(3) of the internal revenue code of 1986, 26 USC 501, and that is located
in a county with a population between 26,000 and 27,000 and in a city with a
population between 4,500 and 5,000 according to the most recent federal
decennial census for the purpose of supporting at least 12 new psychiatric
beds.
(6) From the
funds appropriated in part 1 for Michigan enhancement grants, $5,000,000.00
shall be allocated to a nonprofit Michigan health care system organized under
the laws of this state that is exempt from federal income tax under section
501(c)(3) of the internal revenue code of 1986, 26 USC 501, and that is located
in a county with a population between 280,800 and 281,000 and in a city with a
population greater than 105,000 according to the most recent federal decennial
census for the purpose of supporting a behavioral health pilot project.
(7) From the
funds appropriated in part 1 for Michigan enhancement grants, $220,000.00 shall
be awarded to a nonpartisan, not-for-profit civic education organization
located in a county with a population of between 280,800 and 281,000 and in a
city with a population greater than 80,000 according to the most recent federal
decennial census.
(8) From the
funds appropriated in part 1 for Michigan enhancement grants, $200,000.00 shall
be awarded to a naval museum located in a county with a population of between
107,000 and 108,000 according to the most recent federal decennial census for
infrastructure upgrades.
(9) From the
funds appropriated in part 1 for Michigan enhancement grants, $85,000.00 shall be
awarded for renovations at a historic mansion in a county with a population of
between 1,200,000 and 1,203,000 and in a city with a population of between
10,300 and 10,400 according to the most recent federal decennial census.
(10) From the
funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00
shall be awarded to a public museum in a county with a population between
400,000 and 450,000 and in a city with a population over 100,000 according to
the most recent federal decennial census.
(11) From the
funds appropriated in part 1 for Michigan enhancement grants, $750,000.00 shall
be awarded to a county with a population of between 60,100 and 63,000 according
to the most recent federal decennial census to repair the longest covered
bridge in Michigan.
(12) From the
funds appropriated in part 1 for Michigan enhancement grants, $506,800.00 shall
be awarded to a city with a population greater than 100,000 located in a county
with a population between 400,000 and 500,000 according to the most recent
federal decennial census. The funds awarded shall be used to support a
cooperative grocery store to expand access to food within a food desert.
(13) From the
funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall
be awarded to a national, nonprofit program that connects National Guard,
reserve, retired, and transitioning active-duty military service members with
skilled training and quality career opportunities in the construction industry.
Grant funding must be used to recruit and assist veterans to transition into
apprenticeship programs in this state.
(14) From the
funds appropriated in part 1 for Michigan enhancement grants, $1,000,000.00
shall be awarded to a community house located in a city with a population above
100,000 and in a county with a population between 600,000 and 700,000 according
to the most recent federal decennial census. The grant shall be used to support
the construction of an early childhood education and senior activity center
located within the city.
(15) From the
funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall
be appropriated to a nonprofit organization that has been established for at
least 10 years, that is exempt from federal income taxation under section 501(c)(6)
of the internal revenue code of 1986, 26 USC 501, and that promotes the
aerospace manufacturing industry in this state for the purposes of promoting
and developing 5G technology for autonomous ground vehicles, educational
purposes in areas of the state with limited internet access, and health care
purposes across the state in connection with the convergence of low-earth space
satellite technology with 1 or more space launch facilities and an accompanying
command center in this state.
(16) From the
funds appropriated in part 1 for Michigan enhancement grants, $300,000.00 shall
be awarded to a Junior Reserve Officers Training Corps program located at a
high school in a city with a population above 500,000 according to the most
recent federal decennial census. The grant shall be used to facilitate a
partnership between the Junior Reserve Officers Training Corps program and the
Michigan National Guard.
(17) From the
funds appropriated in part 1 for Michigan enhancement grants, $250,000.00 shall
be awarded to a school district located in a city with a population above
500,000 according to the most recent federal decennial census. The grant shall
be used to install air filtration systems throughout the district.
(18) From the
funds appropriated in part 1 for Michigan enhancement grants, $75,000.00 shall
be awarded for a youth sex offender diversion program located in a county with
a population of between 600,000 and 603,000 according to the most recent
federal decennial census.
(19) From the
funds appropriated in part 1 for Michigan enhancement grants, $3,000,000.00
shall be awarded to a nonprofit 501(c)(3) corporation established and operated
to provide employment and training services to unemployed and underemployed
Michigan residents for a statewide preapprenticeship program that connects the
unemployed or underemployed with training and resources necessary for gainful
employment. The program shall target residents from underserved communities to
provide them with the skills needed for entry into building trades
apprenticeships.
(20) From the
funds appropriated in part 1 for Michigan enhancement grants, $1,800,000.00
shall be awarded for the planning and design phase of a road project located in
a county with a population of between 250,000 and 250,500 according to the most
recent federal decennial census.
(21) From the
funds appropriated in part 1 for Michigan enhancement grants, $200,000.00 shall
be awarded to an addiction and recovery program that coordinates community
anchor institutions and facilitates access to addiction programs located in a
county with a population of between 425,000 and 426,000 according to the most
recent federal decennial census. Grant funding shall be used to expand outreach
to schools and community anchors to promote awareness and connect recovery
services to individuals and families and for the development of a new treatment
facility.
(22) From the
funds appropriated in part 1 for Michigan enhancement grants, $750,000.00 shall
be awarded to a foundation that develops the leadership of youth and young
adults by engaging them in community service located in a county with a
population of greater than 1,800,000 and in a city with a population of between
57,000 and 58,000 according to the most recent federal decennial census.
(23) From the
funds appropriated in part 1 for Michigan enhancement grants, $500,000.00 shall
be awarded for railway renovation, improvements, and expansion in a county with
a population of between 86,000 and 87,000 according to the most recent federal
decennial census.
(24) From the
funds appropriated in part 1 for Michigan enhancement grants, $200,000.00 shall
be awarded for railway renovation, improvements, and expansion in a county with
a population of between 38,000 and 39,000 according to the most recent federal
decennial census.
(25) From the
funds appropriated in part 1 for Michigan enhancement grants, $300,000.00 shall
be awarded for railway renovation, improvements, and expansion in a county with
a population of between 10,000 and 11,000 according to the most recent federal
decennial census.
(26) From the
funds appropriated in part 1 for Michigan enhancement grants, $154,000.00 shall
be awarded for railway renovation, improvements, and expansion in a city with a
population between 3,000 and 4,000 located in a county with a population of
between 24,000 and 25,000 according to the most recent federal decennial
census.
(27) From the
funds appropriated in part 1 for Michigan enhancement grants, $41,000.00 shall
be awarded for railway renovation, improvements, and expansion in a county with
a population of between 15,000 and 16,000 according to the most recent federal
decennial census.
(28) From the
funds appropriated in part 1 for Michigan enhancement grants, $94,000.00 shall
be awarded for railway renovation, improvements, and expansion in a city with a
population of between 107,000 and 108,000 according to the most recent federal
decennial census.
(29) From the
funds appropriated in part 1 for Michigan enhancement grants, $211,000.00 shall
be awarded for bridge repairs over railway lines that service Michigan
agriculture commodities in a county with a population of between 42,000 and
43,000 according to the most recent federal decennial census.
(30) From the funds appropriated in part 1 for Michigan
enhancement grants, $1,700,000.00 shall be awarded to a county with a
population of between 280,000 and 281,000 according to the most recent federal
decennial census for economic development road projects, health care service
road improvements, and health care infrastructure improvements and
replacements. Specific projects shall meet particular transportation needs,
have an immediate positive impact on local employment and economy, contribute
to economic development, be evaluated on the basis of impact on the local
community, and be in cooperation with developers, state, and local government.
(31) From the funds appropriated in part 1 for Michigan
enhancement grants, $1,000,000.00 shall be awarded for a child care facilitator
pilot project administered by the department of labor and economic opportunity
in consultation with the Michigan department of education. The project shall
leverage employer and state support and utilize a model whereby a designated
facilitator hub partners with both employers and child care providers in a
designated region to provide child care placement for employees of the
partnering employers. The pilot project shall consist of 3 designated regions
approved by the department of labor and economic opportunity. One region must
be located in a city with a population of between 38,000 and 39,000 and in a
county with a population of between 172,000 and 173,000 according to the most
recent federal decennial census, 1 region must be located in a rural region,
and 1 region must be located in a suburban or urban region.
(32) From the funds appropriated in part 1 for Michigan
enhancement grants, $3,000,000.00 shall be awarded for bridge repairs on a
state highway located in a county with a population of between 111,000 and
112,000 according to the most recent federal decennial census.
(33) From the funds appropriated in part 1 for Michigan
enhancement grants, $1,000,000.00 shall be awarded to an independent biomedical
research and science education organization in a county with a population
between 600,000 and 610,000 and in a city with a population over 185,000
according to the most recent federal decennial census to be used for matching
federal funds, private and nonprofit grants, and private contributions.
Sec. 1048. (1) From the funds appropriated in part 1 for
Michigan enhancement grants, the Michigan strategic fund shall execute a grant
agreement with each recipient, pursuant to subsection (2). All grant funds are
considered direct appropriations and, subject to receipt of all information
under subsections (2) and (3), shall be disbursed by the Michigan strategic
fund, as determined by the grant agreement. An initial disbursement of 50% shall
be provided to the grantee upon execution of the grant agreement.
(2) The Michigan strategic fund shall execute a grant
agreement with each recipient in order to receive funding. The grant agreement
shall include, but is not limited to, the following:
(a) All necessary identifying information for the recipient,
including any necessary tax identification information.
(b) A description of the project for which the grant funds
will be expended, including tentative timeline and 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) A requirement that after the initial 50% disbursement,
additional funds shall only be disbursed after verification that the initial
payment has been fully expended, in accordance with the project purpose. The
remaining funds shall be disbursed in a manner specified in the grant
agreement. The grantee must provide sufficient documentation, as determined by
the Michigan strategic fund, to verify that all expenditures were made in
accordance with the project purpose.
(d) A requirement for quarterly reports from the recipient to
the Michigan strategic fund that provide the status of the project and an
accounting of all funds expended by the recipient.
(e) A claw-back provision that allows this state to recoup or
otherwise collect any funds that are declined, unspent, or otherwise misused.
(3) The grantee shall respond to all reasonable information
requests from the Michigan strategic fund related to grant expenditures and
retain grant records for a period of not less than 3 years, and the grant may
be subject to audit and/or site visits as determined by the Michigan strategic
fund. The grant agreement required under subsection (2) shall include signed
assurance by the chief executive officer or other executive officer of the
grant recipient that this requirement will be met.
(4) All funds awarded shall be expended by the recipient, and
projects completed, by September 30, 2024. If at that time, as evidenced by the
quarterly reports, any unexpended funds remain, those funds shall be returned
by the grantee to the state treasury. The state budget director may, on a case
by case basis, extend this deadline, upon request by a grant recipient.
(5) If a grantee does not provide information sufficient to
execute a grant agreement by May 1, 2021, funds associated with that grant
shall be returned to the state treasury.
(6) The
Michigan strategic fund shall provide quarterly updates on the accounting and
status of each project to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget office.
Sec. 1050. (1) From the funds appropriated in part 1 for business
attraction and community revitalization, the fund shall identify specific
outcomes and performance measures, including, but not limited to, the following:
(a) Total
verified jobs created by the business attraction program during the fiscal year
ending September 30, 2021.
(b) Total
private investment obtained through the business attraction and community
revitalization programs during the fiscal year ending September 30, 2021.
(c) Amount of
private and public square footage created and reactivated through the community
revitalization program during the fiscal year ending September 30, 2021.
(2) The fund
must submit a report to the chairpersons of the senate and house of
representatives standing committees on appropriations, the relevant senate and
house of representatives appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director by March 15. The report must
describe the specific outcomes and measures required in subsection (1) and
provide the results and data related to these outcomes and measures for the prior
fiscal year if related information is available for the prior fiscal year.
Sec. 1051. In
addition to the funds appropriated in part 1, the funds collected by state
historic preservation programs for document reproduction and services and
application fees are appropriated for all expenses necessary to provide the
required services. These funds are available for expenditure when they are
received and may be carried forward into the succeeding fiscal year.
Sec. 1052. (1)
From the funds appropriated in part 1 for coronavirus relief fund grants,
$2,452,900.00 shall be awarded to a human services agency that is a member of
the Association of Accredited Child and Family Agencies with an administrative
office located in a county with a population greater than 1,800,000 and in a
city with a population of between 11,500 and 11,600 according to the most
recent federal decennial census for eligible expenses related to COVID-19
including, but not limited to, personal protection equipment, facility
modification, and technology upgrades.
(2) From the
funds appropriated in part 1 for coronavirus relief fund grants, $1,902,300.00
shall be awarded to a human services agency that is a member of the Association
of Accredited Child and Family Agencies located in a county with a population
greater than 1,800,000 and in a city with a population of between 84,000 and
84,100 according to the most recent federal decennial census for eligible
expenses related to COVID-19 including, but not limited to, personal protection
equipment, facility modification, and technology upgrades.
(3) From the
funds appropriated in part 1 for coronavirus relief fund grants, $81,900.00
shall be awarded to a human services agency that is a member of the Association
of Accredited Child and Family Agencies with a location in a county with a
population of between 1,200,000 and 1,203,000 and in a city with a population
of between 71,700 and 71,800 according to the most recent federal decennial
census for eligible expenses related to COVID-19 including, but not limited to,
personal protection equipment, facility modification, and technology upgrades.
(4) From the
funds appropriated in part 1 for coronavirus relief fund grants, $77,100.00
shall be awarded to a human services agency that is a member of the Association
of Accredited Child and Family Agencies located in a county with a population
of between 1,200,000 and 1,203,000 and in a city with a population of between
59,000 and 60,000 according to the most recent federal decennial census for
eligible expenses related to COVID-19 including, but not limited to, personal
protection equipment, facility modification, and technology upgrades.
(5) From the
funds appropriated in part 1 for coronavirus relief fund grants, $85,800.00
shall be awarded to a human services agency that is a member of the Association
of Accredited Child and Family Agencies with a location in a county with a
population of between 425,700 and 426,000 and in a city with a population of
between 102,000 and 103,000 according to the most recent federal decennial
census for eligible expenses related to COVID-19 including, but not limited to,
personal protection equipment, facility modification, and technology upgrades.
(6) From the
funds appropriated in part 1 for coronavirus relief fund grants, $2,000,000.00
shall be allocated on a competitive basis to hospitals for the purchase and
installation of ultraviolet control technology filtration and cleaning systems
for control of harmful pathogens in the air and on surfaces.
(7) From the
funds appropriated in part 1 for coronavirus relief fund grants, $400,000.00
shall be awarded for a COVID-19 testing facility associated with a university
located in a county with a population of between 36,600 and 37,000 and in a
city with a population of between 7,700 and 7,800 according to the most recent
federal decennial census for eligible expenses related to COVID-19.
(8) From the
funds in part 1 appropriated for coronavirus relief fund grants, $3,000,000.00
is appropriated for the purchase of rapid COVID-19 tests. The awarded vendors
must offer both antibody testing and PCR testing with two types – nasal and
noninvasive saliva. Emergency use authorization should be registered with the
FDA at 100% accuracy and have turnaround in the country at 12-24 hours
guaranteed. The purchased rapid COVID-19 tests shall be distributed to
hospitals, health systems, or nursing homes that wish to employ the rapid
testing system described above to complete tests for health care workers or
health care patients where tests are necessary prior to an expected
aerosolizing health care procedure. The rapid COVID-19 tests shall be
distributed upon application from a hospital or health system with no more than
50% being awarded to a specific hospital or health system.
WORKFORCE DEVELOPMENT AND UNEMPLOYMENT
Sec. 1060. The
department shall administer the PATH training program in accordance with the
requirements of section 407(d) of title IV of the social security act, 42 USC
607, the state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all
other applicable laws and regulations.
Sec. 1061.
From the funds appropriated in part 1 for workforce programs subgrantees, the
department may allocate funding for grants to nonprofit organizations that
offer programs pursuant to the workforce innovation and opportunity act, 29 USC
3101 to 3361, eligible youth focusing on apprenticeship readiness,
pre-apprenticeship and apprenticeship activities, entrepreneurship,
work-readiness skills, job shadowing, and financial literacy. Organizations
eligible for funding under this section must have the capacity to provide
similar programs in urban areas, as determined by the United States Bureau of
the Census according to the most recent federal decennial census. Additionally,
programs eligible for funding under this section must include the participation
of local business partners. The department shall develop other appropriate
eligibility requirements to ensure compliance with applicable federal rules and
regulations.
Sec. 1062. The
department shall make available, in person or by telephone, 1 disabled veterans
outreach program specialist or local veterans employment representative to
Michigan Works! service centers, as resources permit, during hours of
operation, and shall continue to make the appropriate placement of veterans and
disabled veterans a priority.
Sec. 1063. (1)
In addition to the funds appropriated in part 1, any unencumbered and
unrestricted federal workforce innovation and opportunity act, 29 USC 3101 to
3361, or trade adjustment assistance funds available from prior fiscal years
are appropriated for the purposes originally intended.
(2) The department
shall report by February 15 to the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director on the amount by fiscal year of federal workforce
innovation and opportunity act, 29 USC 3101 to 3361, funds appropriated under
this section.
Sec. 1064. As
a condition of receiving funds appropriated in part 1 for Going pro, the
department shall provide a report on Going pro expenditures, by program or
grant type, for the prior fiscal year. In addition, the report shall include
projected expenditures, by program or grant type, for the current fiscal year.
The report shall be posted online and distributed to the chairpersons of the
senate and house of representatives standing committees on appropriations, the
chairpersons of the relevant senate and house of representatives appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
director by March 15.
Sec. 1065. The
department shall publish data and reports on March 15 and September 30 on the
department website concerning the status of career technology and Going pro
funded in part 1. The report shall include the following:
(a) The number of awardees participating in the program and the names of
those awardees organized by major industry group.
(b) The amount of funding received by each awardee under the program.
(c) Amount of funding leveraged from each awardee.
(d) Training models established by each awardee.
(e) The number of individuals enrolled in classroom training, on-the-job
training, or new USDOL registered apprentices.
(f) The number of individuals who completed the program and were hired by
awardee.
(g) The number of applications received and the number of grants awarded
for each region.
(h) The
department shall expand workforce training and reemployment services to better
connect workers to in-demand jobs and identify specific outcomes with performance
metrics for this initiative, including, but not limited to, new apprenticeships,
individuals to be hired and trained, current employees trained, training
completed, and employment retention rate at 6 months, and hourly wage at 6
months.
Sec. 1066. As
a condition of receiving funds in part 1 for Going pro, the department shall
administer the program as follows:
(a) The
department shall work cooperatively with grantees to maximize the amount of
funds from part 1 that are available for direct training.
(b) The department, workforce development partners, including
regional Michigan Works! agencies, and employers shall collaborate and work
cooperatively to prioritize and streamline the expenditure of the funds
appropriated in part 1. The department shall ensure that Going pro provides a
collaborative statewide network of workforce and employee skill development
partners that addresses the employee talent needs throughout the state.
(c) The department shall ensure that grants are utilized for
individual skill enhancement and to address in-demand talent needs in Michigan.
(d) The department shall develop program goals and detailed
guidance for prospective participants to follow to qualify under the program.
The program goals and detailed guidance shall be posted on the department
website and distributed to workforce development partners, including local
Michigan Works! agencies, by October 1. Periodic assessments of employer and
employee needs shall be evaluated on a regional basis, and the department shall
identify solutions and goals to be implemented to satisfy those needs. The
department shall notify the senate and house of representatives standing
committees on appropriations, the relevant senate and house of representatives
appropriations subcommittees, the senate and house fiscal agencies, and the
state budget director on any program goal, solution, or guidance changes not
fewer than 14 days prior to the finalization and publication of the changes.
Revenue received by the department for Going pro may be expended for the
purpose of those programs.
(e) Up to $5,000,000.00 of the funds may be expended to match
federal funds to improve and increase the skill level of employees in skilled
trades and manufacturing processes within the changing manufacturing
environment.
Sec. 1067. From the appropriation in part 1 for Going pro,
funds may be deposited into the going pro talent fund created under section 5
of the going pro talent fund act, 2018 PA 260, MCL 408.155. All funds in the
going pro talent fund are appropriated and available for expenditure to support
the going pro talent program pursuant to sections 7 and 9 of the going pro
talent fund act, 2018 PA 260, MCL 408.157 to 408.159.
Sec. 1068. (1) Of the funds appropriated in part 1 for the
workforce training programs, the department shall provide a report by March 15
to the relevant senate and house of representatives appropriation
subcommittees, the state budget director, and the senate and house fiscal
agencies on the status of the workforce training programs. The report shall
include the following:
(a) The amount of funding allocated to each Michigan Works!
agency and the total funding allocated to the workforce training programs
statewide by fund source.
(b) The number of participants enrolled in education or
training programs by each Michigan Works! agency.
(c) The average duration of training for training program
participants by each Michigan Works! agency.
(d) The number of participants enrolled in remedial education
programs and the number of participants enrolled in literacy programs.
(e) The number of participants enrolled in programs at 2-year
institutions.
(f) The number of participants enrolled in programs at 4-year
institutions.
(g) The number of participants enrolled in proprietary
schools or other technical training programs.
(h) The number of participants that have completed education
or training programs.
(i) The number of participants who secured employment in
Michigan within 1 year of completing a training program.
(j) The number of participants who completed a training
program and secured employment in a field related to their training.
(k) The average wage earned by participants who completed a
training program and secured employment within 1 year.
(l) The actual
revenues received by the fund source and fund appropriated for each discrete
workforce development program area.
(2) Data collection for the report shall be for the prior
state fiscal year.
Sec. 1069. (1) Funds appropriated in part 1 for workforce
development program may be used for employment and training-related services
and to assist Healthy Michigan plan recipients to secure and maintain training
and employment. The department shall work with the department of health and
human services to coordinate with and complement existing employment-related
services for Healthy Michigan plan recipients.
(2) Funds appropriated in part 1 for workforce development
programs may also be used to hire additional department field staff to educate
impacted Healthy Michigan plan recipients on requirements and available
services, make referrals, assess and address barriers to employment, and manage
other caseload-related impacts resulting from the implementation of sections
107a and 107b of the social welfare act, 1939 PA 280, MCL 400.107a and
400.107b.
(3) The
department shall report quarterly to the senate and house appropriations
committees, the senate and house fiscal agencies, and the state budget office
on the implementation of work engagement requirement employment supports and
services. The report shall include, but need not be limited to, all of the
following:
(a) The number
of recipients currently receiving employment supports and services under this
section.
(b) The total
year-to-date number of recipients who have received employment supports and
services under this section.
(c) The number
of recipients who secured employment in this state after receiving employment
supports and services under this section.
(d) The total
year-to-date number of field staff hired to provide supports and services under
this section.
(e) A summary
of employment supports and services provided under this section.
Sec. 1070. (1)
From the funds appropriated in part 1 for Going pro, $1,500,000.00 must be
awarded for a program to assist adults over the age of 23 in obtaining high
school diplomas and placement in career training programs.
(2) For
purposes of this section, an eligible program provider may be a public,
nonprofit, or private accredited diploma-granting institution, but must have at
least 2 years of experience providing dropout recovery services in this state.
(3) The
department shall issue a request for qualifications for eligible program
providers to participate in the pilot program. To be considered a qualified
program provider, the institution must possess all of the following:
(a) Experience
providing dropout reengagement services.
(b) Ability to
provide academic intake assessments.
(c) Capacity
to provide an integrated learning plan.
(d) Course
catalog that includes access to all graduation requirements.
(e) Capability
to provide remediation coursework.
(f) Means to
provide academic resilience assessment and intervention.
(g) Capacity
to provide employability skills development.
(h) Ability to
provide WorkKeys preparation.
(i) Ability to
provide industry credentials.
(j) Capability
to provide credit for on-the-job training.
(k) Access to
a robust support framework, including technology, social support, and academic
support accredited by a recognized accrediting body.
(4) The
department shall announce qualified program providers no later than January 1,
2021. Qualified program providers must start providing programming by February
1, 2021.
(5) The
department shall reimburse qualified program providers for each month of
satisfactory monthly progress as described in section 23a of the state school
aid act, 1979 PA 94, MCL 388.1623a, at a rate of $500.00 per month. A payment
shall be made to a qualified program provider for the completion of the
following by a pupil:
(a) $500.00
for the completion of an employability skills certification program equal to at
least 1 unit of high school credit obtained through classroom or online
instruction.
(b) $250.00
for the attainment of an industry-recognized credential requiring up to 50
hours of training.
(c) $500.00
for the attainment of an industry-recognized credential requiring 50 to 100
hours of training.
(d) $750.00
for the attainment of an industry-recognized credential requiring more than 100
hours of training.
(e) $1,000.00
for attainment of a high school diploma.
(f) $2,500.00
for placement in a job in an in-demand career pathway.
(6) The
department shall develop policies and guidelines to implement this section.
Sec. 1071.
From the funds appropriated in part 1 for at-risk youth grants, $3,750,000.00
must be awarded to the Michigan franchise holder of the national Jobs for America’s
Graduates program.
Sec. 1072. (1)
From the funds appropriated in part 1 for high school equivalency-to-school
program, the department shall allocate $250,000.00 for the purpose of funding the
cost of high school equivalency testing and certification as provided by this
section. The department shall administer a Michigan high school
equivalency-to-school program, which shall cover the cost of providing the high
school equivalency test free of charge to individuals who meet all of the
following requirements:
(a) The
individual has not previously been administered a high school equivalency test
free of charge under this section.
(b) The
individual meets at least 1 of the following requirements:
(i) Prior to taking the high school
equivalency test, the individual successfully completed a department-approved
high school equivalency preparation program.
(ii) Prior to
taking the high school equivalency test, the individual completed the official
high school equivalency practice test and the individual’s score indicated that
he or she is likely to pass.
(2) A department-approved high school equivalency preparation
program shall include all of the following:
(a) Instructional and tutorial assistances.
(b) High school equivalency test practice.
(c) Required attendance at program instructional sessions.
(d) A curriculum that prepares students for opportunities in
postsecondary education and the job market.
(e) Information on potential postsecondary and career
pathways.
(f) Counseling on preparing for and applying to college.
(g) Personal and job readiness skills development.
(h) Comprehensive information on college costs and financial
aid.
(i) College and career assessments.
(j) Computer-based instruction, practice, or remediation.
(3) The department shall post online an announcement of the
Michigan high school equivalency-to-school program, minimum standards for high
school equivalency preparation program approval, and approval procedures.
(4) The department shall do all of the following:
(a) Develop procedures consistent with this section under
which individuals can take the high school equivalency test without charge.
(b) Provide program information for educators and students on
the department website, including explanations of the procedures developed under
this subsection, and contact information for questions about the program.
(c) Provide an estimate of the full-year cost of the program
to the senate and house appropriations subcommittees on general government, the
senate and house fiscal agencies, and the state budget director.
(5) By September 30, the department shall report to the
relevant senate and house appropriations subcommittees, the senate and house
fiscal agencies, and the state budget director on utilization of the high
school equivalency incentive program, including numbers of high school
equivalency certifications issued by location, year-to-date expenditures, and
numbers of participants qualifying under subsection (1)(b)(i) or (ii),
or both.
(6) The unexpended funds appropriated for the high school
equivalency-to-school 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 expenditure 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 fund the cost of high
school equivalency testing and certification for certain individuals as
provided by this section.
(b) The projects will be accomplished by utilizing state
employees or contracts with private vendors, or both.
(c) The total estimated cost of the project is $250,000.00.
(d) The tentative completion date is September 30, 2025.
Sec. 1074. (1) The funds appropriated in part 1 from the
talent investment fund created under section 8a of the higher education loan
authority act, 1975 PA 222, MCL 390.1158a, for the Michigan reconnect grant
program shall be distributed pursuant to this section.
(2) As a condition of receiving the funds appropriated in
part 1 for the Michigan reconnect grant program, the department shall allocate
10.0 FTE positions for navigators who provide support services for Michigan
reconnect grant program students and 2.0 FTE positions for oversight and
implementation of the Michigan reconnect grant program.
Sec. 1075. (1) From the funds appropriated in part 1, the
department on behalf of the unemployment insurance agency shall provide a
monthly report to the members of the senate and house committees on
appropriations, the senate and house fiscal agencies, and the state budget
director that includes, but is not limited to, the following:
(a) The 4-week average number of unique claimants.
(b) The 4-week average number of eligible claimants with
certification.
(c) The 4-week average number of claims paid.
(d) The total amount of standard unemployment insurance
payments paid for the month.
(e) The total amount of unemployment insurance tax generated
for the quarter.
(f) The balance of the Michigan unemployment trust fund at
the end of the quarter.
(2) The
department shall include the same information required in subsection (1) for
the previous 12 months. The department shall include the most recent
monthly report on the department’s webpage.
Sec. 1076. The
department shall provide a quarterly report to the members of the senate and
house committees on appropriations, the senate and house fiscal agencies, and
the state budget director that includes, but is not limited to, the following:
(a) The number
of new fraudulent and noncompliant cases that have been identified or issued by
the unemployment insurance agency, classified by employer or claimant, during the
quarter.
(b) The total
amount of penalties and interest issued on fraudulent and noncompliant cases
during the quarter.
(c) The total
amount of penalties and interest dollars received during the quarter by
employer or claimant.
(d) The total
amount of penalties and interest still owed to the state by employer or
claimant.
(e) The number
of fraudulent and noncompliant cases that have been appealed by an employer or
claimant during the quarter.
Sec. 1078. (1)
From the funds appropriated in part 1 for the unemployment insurance agency,
the department shall maintain customer service standards for employers and
claimants making use of the various means by which they can access the system.
(2) The
department shall identify specific outcomes and performance metrics for this
initiative, including, but not limited to, the following:
(a)
Unemployment benefit fund balance.
(b) Process
improvement - fiscal integrity.
(c) Process
improvement - determination timeliness.
(d) Process
improvement - determination quality.
Sec. 1079. (1)
The department shall extend the interagency agreement with the department of
health and human services for the duration of the current fiscal year, which
concerns TANF funding to provide job readiness and welfare-to-work programming.
The interagency agreement shall include specific outcome and performance
reporting requirements as described in this section. TANF funding provided to
the department in the current fiscal year is contingent on compliance with the
data and reporting requirements described in this section. The interagency
agreement shall require the department to provide all of the following items
for the previous year to the senate and house appropriations committees by
January 1 of the current fiscal year:
(a) An
itemized spending report on TANF funding, including all of the following:
(i) Direct services to clients.
(ii) Administrative expenditures.
(b) The number
of family independence program clients served through the TANF funding,
including all of the following:
(i) The number and percentage who
obtained employment through Michigan Works!
(ii) The number and percentage who
fulfilled their TANF work requirement through other job readiness programming.
(iii) Average TANF spending per client.
(iv) The number and percentage of clients
who were referred to Michigan Works! but did not receive a job or job readiness
placement and the reasons why.
(2) Not later
than March 15 of the current fiscal year, the department shall provide to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the senate and house policy offices an
annual report on the following matters itemized by Michigan Works! agency: the
number of referrals to Michigan Works! job readiness programs, the number of
referrals to Michigan Works! job readiness programs who became a participant in
the Michigan Works! job readiness programs, the number of participants who
obtained employment, and the cost per participant case.
REHABILITATION SERVICES
Sec. 1081. The
Michigan rehabilitation services and bureau of services for blind persons shall
work collaboratively with service organizations and government entities to
identify qualified match dollars to maximize use of available federal
vocational rehabilitation funds.
Sec. 1082. The
department shall provide an annual report by February 1 to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office on efforts taken to improve the Michigan rehabilitation services. The
report shall include all of the following line items:
(a) Reductions
and changes in administration costs and staffing.
(b) Service
delivery plans and implementation steps achieved.
(c) Reorganization
plans and implementation steps achieved.
(d) Plans to
integrate Michigan rehabilitative services programs into other services
provided by the department.
(e) Quarterly expenditures by major spending category.
(f) Employment and job retention rates from both Michigan
rehabilitation services and its nonprofit partners.
(g) Success rate of each district in achieving the program
goals.
Sec. 1083. (1) From the funds appropriated in part 1 for
Michigan rehabilitation services, the department shall allocate $50,000.00
along with available federal match to support the provision of vocational
rehabilitation services to eligible agricultural workers with disabilities.
Authorized services shall assist agricultural workers with disabilities in
acquiring or maintaining quality employment and independence.
(2) By March 1 of the current fiscal year, the department
shall report to the senate 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 on the total number of clients served and
the total amount of federal matching funds obtained throughout the duration of
the program.
Sec. 1084. (1) It is the intent of the legislature that
Michigan rehabilitation services shall not implement an order of selection for
vocational and rehabilitative services. If the department is at risk of
entering into an order of selection for services, the department shall notify
the chairs of the senate and house appropriations subcommittees on the
department budget and the senate and house fiscal agencies and policy offices
within 2 weeks of receiving notification.
(2) It is the intent of the legislature that the department
coordinate with Michigan rehabilitation services, Michigan Works!, local
technological and trade schools and programs, local community mental health
offices, and other local entities, public and private, in order to fully
utilize open Michigan rehabilitation services programming space, regardless of
eligibility criteria.
Sec. 1085. From the funds appropriated in part 1 for Michigan
rehabilitation services, the department shall allocate $6,100,300.00, including
federal matching funds, to service authorizations with community-based
rehabilitation organizations for an array of needed services throughout the
rehabilitation process.
Sec. 1086. (1) Funds appropriated in part 1 for independent
living shall be used to support the general operations of centers for
independent living in delivering mandated independent living services in
compliance with federal rules and regulations for the centers, by existing
centers for independent living to serve underserved areas, and for projects to
build the capacity of centers for independent living to deliver independent
living services. Applications for the funds shall be reviewed in accordance
with criteria and procedures established by the department. The funds
appropriated in part 1 may be used to leverage federal vocational
rehabilitation innovation and expansion funds consistent with 34 CFR 361.35, up
to $5,543,000.00, if available. If the possibility of matching federal funds
exists, the centers for independent living network will negotiate a mutually
beneficial contractual arrangement with Michigan rehabilitation services. Funds
shall be used in a manner consistent with the state plan for independent
living. Services provided should assist people with disabilities to move toward
self-sufficiency, including support for accessing transportation and health
care, obtaining employment, community living, nursing home transition,
information and referral services, education, youth transition services,
veterans, and stigma reduction activities and community education. This
includes the independent living guide services that specifically focus on
economic self-sufficiency.
(2) In partnership with service providers, the department
shall provide a report by March 1 of the current fiscal year to the relevant
subcommittees, the house and senate appropriations committees, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office on direct customer and system outcomes and performance measures.
Sec. 1087. (1) The appropriation in part 1 for the bureau of
services for blind persons includes funds for case services. These funds may be
used for tuition payments for blind clients.
(2) Revenue collected by the bureau of services for blind
persons and from private and local sources that is unexpended at the end of the
fiscal year may carry forward to the subsequent fiscal year.
Sec. 1088. The bureau of services for blind persons may
provide and enter into agreements to provide general services, training,
meetings, information, special equipment, software, facility use, and technical
consulting services to other principal executive departments, state agencies,
local units of government, the judicial branch of government, other
organizations, and patrons of department facilities. The department may charge
fees for these services that are reasonably related to the cost of providing
the services. In addition to the funds appropriated in part 1, funds collected
by the department for these services are appropriated for all expenses
necessary. The funds appropriated under this section are allotted for
expenditure when they are received by the department of treasury.
Sec. 1089. (1) The funds appropriated in part 1 for a
regional or subregional library shall not be released until a budget for that
regional or subregional library has been approved by the department for expenditures
for library services directly serving the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated
in part 1, a regional or subregional library’s fiscal agency shall agree to
maintain local funding support at the same level in the current fiscal year as
in the fiscal agency’s preceding fiscal year. If a reduction in expenditures
equally affects all agencies in a local unit of government that is the regional
or subregional library’s fiscal agency, that reduction shall not be interpreted
as a reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1. If a reduction in
income affects a library cooperative or district library that is a regional or
subregional library’s fiscal agency or a reduction in expenditures for the
regional or subregional library’s fiscal agency, a reduction in expenditures
for the regional or subregional library shall not be interpreted as a reduction
in local support and shall not disqualify a regional or subregional library
from receiving state aid under part 1.
COMMISSIONS
Sec. 1090. The office of global Michigan is to coordinate
with the Asian Pacific American affairs commission, the Commission on Middle
Eastern American affairs, and the Hispanic/Latino commission of Michigan to
produce a report by January 31 that is to be transmitted to the senate and
house subcommittee chairpersons of the relevant subcommittees, the senate and
house appropriations committees, the senate and house fiscal agencies, and the
state budget director. The report shall include, but is not limited to, the
following:
(a) Total number of people with whom each commission directly
interacts through programming.
(b) Total number of public events that each commission
conducted.
(c) Description of the activities that the commissions
initiated to promote cooperation between the commissions.
(d) Total number of meetings that each commission held with
foreign diplomats.
(e) Programmatic costs of each commission.
Sec. 1091. An expenditure of funds appropriated in part 1 by
the Asian Pacific American affairs commission, the commission on Middle Eastern
American affairs, or the Hispanic/Latino commission of Michigan for a
commission event must be directly related to the mission statement of that
commission.
Sec. 1092. The office of global Michigan must produce a
report by January 31 and transmit the report to the subcommittees, the senate
and house fiscal agencies, and the state budget director. The report may
include other information, but it must include all of the following:
(a) A description of the major programs and activities of the
office of global Michigan and the number of individuals served through those
programs.
(b) The number of job seekers and the number of employers
that the office has served through the Michigan international talent solutions
program.
(c) A description of the activities that the office has
conducted to attract and retain international, advanced degree, and
entrepreneurial talent.
STATE BUILDING
AUTHORITY
Sec. 1100. (1) Subject to section 242 of the management and
budget act, 1984 PA 431,
(2) Upon sale of bonds or notes for the projects identified
in part 1 or for equipment as authorized by a legislative appropriation act and
in this section, the state building authority shall credit the general fund of
the state an amount equal to that expended from the general fund plus interest,
if any, as defined in this section.
(3) For state building authority projects for which bonds or
notes have been issued and upon the request of the state building authority,
the state treasurer shall make advances without interest from the general fund
as necessary to meet cash flow requirements for the projects, which advances
shall be reimbursed by the state building authority when the investments
earmarked for the financing of the projects mature.
(4) In the event that a project identified in part 1 is
terminated after final design is complete, advances made on behalf of the state
building authority for the costs of final design shall be repaid to the general
fund in a manner recommended by the director.
Sec. 1102. (1) State building authority funding to finance
construction or renovation of a facility that collects revenue in excess of
money required for the operation of that facility shall not be released to a
university or community college unless the institution agrees to reimburse that
excess revenue to the state building authority. The excess revenue shall be
credited to the general fund to offset rent obligations associated with the
retirement of bonds issued for that facility. The auditor general shall
annually identify and present an audit of those facilities that are subject to
this section. Costs associated with the administration of the audit shall be
charged against money recovered pursuant to this section.
(2) As used in this section, “revenue” includes state
appropriations, facility opening money, other state aid, indirect cost
reimbursement, and other revenue generated by the activities of the facility.
Sec. 1103. The state building authority shall provide to the
JCOS, senate and house fiscal agencies, and state budget director a report
relative to the status of construction projects associated with state building
authority bonds as of September 30 of each year, on or before October 15, or
not more than 30 days after a refinancing or restructuring bond issue is sold.
The report shall include, but is not limited to, the following:
(a) A list of all completed construction projects for which
state building authority bonds have been sold, and which bonds are currently
active.
(b) A list of all projects under construction for which sale
of state building authority bonds is pending.
(c) A list of all projects authorized for construction or
identified in an appropriations act for which approval of schematic/preliminary
plans or total authorized cost is pending that have state building authority
bonds identified as a source of financing.
REVENUE STATEMENT
Sec. 1201. Pursuant to section 18 of article V of the state
constitution of 1963, fund balances and estimates are presented in the
following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2020-2021
|
|
Beginning Balance |
Estimated Revenue |
Ending Balance |
|
OPERATING FUNDS |
|
|
|
|
General fund/general purpose |
524.5 |
10,580.4 |
1.5 |
|
School aid fund |
263.1 |
16,489.9 |
12.3 |
|
Federal aid |
0.0 |
20,664.0 |
0.0 |
|
Transportation funds |
0.0 |
6,923.0 |
0.0 |
|
Special revenue funds |
1,155.0 |
6,892.4 |
0.0 |
|
Other funds |
1,201.1 |
38.2 |
1,239.3 |
|
TOTALS |
$3,143.7 |
$61,587.9 |
$1,253.1 |
ARTICLE 6
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of health
and human services for the fiscal year ending September 30, 2021, from the
following funds:
|
DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
|
|
|
||
|
APPROPRIATION SUMMARY |
|
|
|
||
|
Full-time equated
unclassified positions |
6.0 |
|
|
||
|
Full-time equated
classified positions |
15,481.0 |
|
|
||
|
Average
population |
770.0 |
|
|
||
|
GROSS APPROPRIATION |
|
$ |
28,498,448,600 |
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
Total
interdepartmental grants and intradepartmental transfers |
|
|
13,829,900 |
||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
28,484,618,700 |
||
|
Federal revenues: |
|
|
|
||
|
Capped federal
revenues |
|
|
469,916,700 |
||
|
Social security
act, temporary assistance for needy families |
|
|
547,204,900 |
||
|
Total other
federal revenues |
|
|
19,049,050,600 |
||
|
|
|
|
|
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Special revenue
funds: |
|
|
|
||
|
Total local
revenues |
|
|
161,422,800 |
||
|
Total private
revenues |
|
|
177,172,500 |
||
|
Michigan merit
award trust fund |
|
|
41,268,700 |
||
|
Total other state
restricted revenues |
|
|
2,948,211,400 |
||
|
State general fund/general purpose |
|
$ |
5,090,371,100 |
||
|
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
||
|
Full-time equated
unclassified positions |
6.0 |
|
|
||
|
Full-time equated
classified positions |
776.6 |
|
|
||
|
Unclassified
salaries—FTE positions |
6.0 |
$ |
1,230,000 |
||
|
Administrative
hearings officers |
|
|
9,875,500 |
||
|
Demonstration
projects—FTE positions |
7.0 |
|
7,364,000 |
||
|
Departmental
administration and management—FTE positions |
572.6 |
|
93,080,100 |
||
|
Office of
inspector general—FTE positions |
197.0 |
|
25,500,500 |
||
|
Property
management |
|
|
65,065,000 |
||
|
Terminal leave
payments |
|
|
7,092,100 |
||
|
Worker’s compensation |
|
|
7,724,100 |
||
|
GROSS APPROPRIATION |
|
$ |
216,931,300 |
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from department
of education |
|
|
1,882,600 |
||
|
IDG from
department of technology, management, and budget - office of retirement
services |
|
|
600 |
||
|
Federal revenues: |
|
|
|
||
|
Social security
act, temporary assistance for needy families |
|
|
23,730,500 |
||
|
Capped federal
revenues |
|
|
18,058,600 |
||
|
Total other
federal revenues |
|
|
68,535,100 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total local revenues |
|
|
86,000 |
||
|
Total private
revenues |
|
|
3,843,200 |
||
|
Total other state
restricted revenues |
|
|
1,270,700 |
||
|
State general fund/general purpose |
|
$ |
99,524,000 |
||
|
Sec. 103. CHILD SUPPORT ENFORCEMENT |
|
|
|
||
|
Full-time equated
classified positions |
193.7 |
|
|
||
|
Child support
enforcement operations—FTE positions |
187.7 |
$ |
20,179,300 |
||
|
Child support
incentive payments |
|
|
24,409,600 |
||
|
Legal support
contracts |
|
|
113,600,300 |
||
|
State disbursement
unit—FTE positions |
6.0 |
|
8,086,300 |
||
|
GROSS APPROPRIATION |
|
$ |
166,275,500 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Capped federal
revenues |
|
|
14,839,600 |
||
|
Total other
federal revenues |
|
|
126,204,900 |
||
|
State general fund/general purpose |
|
$ |
25,231,000 |
||
|
Sec. 104. COMMUNITY SERVICES AND OUTREACH |
|
|
|
||
|
Full-time equated
classified positions |
71.6 |
|
|
||
|
Bureau of
community services and outreach—FTE positions |
20.0 |
$ |
3,439,300 |
||
|
Child advocacy
centers—FTE positions |
0.5 |
|
2,407,000 |
||
|
Community
services and outreach administration—FTE positions |
18.0 |
|
2,403,700 |
||
|
Community services
block grant |
|
|
25,840,000 |
||
|
Crime victim
grants administration services—FTE positions |
17.0 |
|
3,009,800 |
||
|
Crime victim
justice assistance grants |
|
|
98,579,300 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Crime victim
rights services grants |
|
|
19,869,900 |
||
|
Domestic violence
prevention and treatment—FTE positions |
15.6 |
|
18,288,000 |
||
|
Homeless programs |
|
|
23,282,500 |
||
|
Housing and
support services |
|
|
13,031,000 |
||
|
Human trafficking
intervention services |
|
|
200,000 |
||
|
Rape prevention
and services—FTE positions |
0.5 |
|
5,097,300 |
||
|
Runaway and
homeless youth grants |
|
|
7,784,000 |
||
|
School success
partnership program |
|
|
525,000 |
||
|
Uniform statewide
sexual assault evidence kit tracking system |
|
|
800,000 |
||
|
Weatherization
assistance |
|
|
15,505,000 |
||
|
GROSS APPROPRIATION |
|
$ |
240,061,800 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Social security
act, temporary assistance for needy families |
|
|
16,716,500 |
||
|
Capped federal
revenues |
|
|
62,194,300 |
||
|
Total other
federal revenues |
|
|
116,060,400 |
||
|
Special revenue funds: |
|
|
|
||
|
Compulsive
gambling prevention fund |
|
|
1,040,500 |
||
|
Sexual assault
evidence tracking fund |
|
|
800,000 |
||
|
Sexual assault
victims’ prevention and treatment fund |
|
|
3,000,000 |
||
|
Child advocacy
centers fund |
|
|
1,407,000 |
||
|
Crime victim’s
rights fund |
|
|
18,745,400 |
||
|
State general fund/general purpose |
|
$ |
20,097,700 |
||
|
Sec. 105. CHILDREN’S SERVICES
AGENCY - CHILD WELFARE |
|
|
|
||
|
Full-time equated
classified positions |
4,127.2 |
|
|
||
|
Adoption
subsidies |
|
$ |
196,452,000 |
||
|
Adoption support
services—FTE positions |
10.0 |
|
35,524,700 |
||
|
Attorney general
contract |
|
|
5,191,100 |
||
|
Child abuse and
neglect - children’s justice act—FTE positions |
1.0 |
|
624,200 |
||
|
Child care fund |
|
|
248,053,600 |
||
|
Child care fund -
indirect cost allotment |
|
|
3,500,000 |
||
|
Child protection |
|
|
1,050,300 |
||
|
Child welfare
administration travel |
|
|
390,000 |
||
|
Child welfare field
staff - noncaseload compliance—FTE positions |
353.0 |
|
40,559,800 |
||
|
Child welfare
institute—FTE positions |
51.0 |
|
9,182,000 |
||
|
Child welfare
licensing—FTE positions |
59.0 |
|
7,234,500 |
||
|
Child welfare medical/psychiatric
evaluations |
|
|
10,428,500 |
||
|
Children’s
protective services - caseload staff—FTE positions |
1,615.0 |
|
167,900,200 |
||
|
Children’s
protective services supervisors—FTE positions |
387.0 |
|
47,122,100 |
||
|
Children’s
services administration—FTE positions |
196.2 |
|
22,488,500 |
||
|
Children’s trust
fund administration—FTE positions |
12.0 |
|
596,300 |
||
|
Children’s trust
fund grants |
|
|
3,577,200 |
||
|
Contractual
services, supplies, and materials |
|
|
9,567,600 |
||
|
Court-appointed
special advocates |
|
|
500,000 |
||
|
Education
planners—FTE positions |
15.0 |
|
1,637,800 |
||
|
Family
preservation and prevention services administration—FTE positions |
9.0 |
|
1,390,500 |
||
|
Family
preservation programs—FTE positions |
15.0 |
|
50,812,500 |
||
|
Foster care
payments |
|
|
286,630,400 |
||
|
Foster care services
- caseload staff—FTE positions |
966.0 |
|
96,039,000 |
||
|
Foster care
services supervisors—FTE positions |
227.0 |
|
30,438,900 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Guardianship
assistance program |
|
|
10,308,000 |
||
|
Interstate
compact |
|
|
179,600 |
||
|
Peer coaches—FTE
positions |
45.5 |
|
6,170,700 |
||
|
Performance based
funding implementation—FTE positions |
3.0 |
|
1,365,200 |
||
|
Permanency
resource managers—FTE positions |
28.0 |
|
3,418,500 |
||
|
Prosecuting
attorney contracts |
|
|
8,142,800 |
||
|
Second line
supervisors and technical staff—FTE positions |
126.0 |
|
19,508,500 |
||
|
Settlement
monitor |
|
|
2,034,100 |
||
|
Strong
families/safe children |
|
|
12,600,000 |
||
|
Title IV-E
compliance and accountability office—FTE positions |
4.0 |
|
450,100 |
||
|
Youth in
transition—FTE positions |
4.5 |
|
8,179,100 |
||
|
GROSS APPROPRIATION |
|
$ |
1,349,248,300 |
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from
department of education |
|
|
236,400 |
||
|
Federal revenues: |
|
|
|
||
|
Social security
act, temporary assistance for needy families |
|
|
329,271,300 |
||
|
Capped federal
revenues |
|
|
111,788,700 |
||
|
Total other
federal revenues |
|
|
270,544,600 |
||
|
Special revenue
funds: |
|
|
|
||
|
Local funds -
county chargeback |
|
|
46,081,400 |
||
|
Private -
collections |
|
|
1,208,000 |
||
|
Children’s trust
fund |
|
|
2,897,300 |
||
|
State general fund/general purpose |
|
$ |
587,220,600 |
||
|
Sec. 106. CHILDREN’S SERVICES
AGENCY - JUVENILE JUSTICE |
|
|
|
||
|
Full-time equated
classified positions |
120.5 |
|
|
||
|
Bay Pines Center—FTE
positions |
47.0 |
$ |
5,651,800 |
||
|
Committee on
juvenile justice administration—FTE positions |
2.5 |
|
360,800 |
||
|
Committee on
juvenile justice grants |
|
|
3,000,000 |
||
|
Community support
services—FTE positions |
3.0 |
|
2,133,800 |
||
|
County juvenile
officers |
|
|
3,904,300 |
||
|
Juvenile justice,
administration and maintenance—FTE positions |
21.0 |
|
3,898,800 |
||
|
Shawono Center—FTE
positions |
47.0 |
|
5,722,500 |
||
|
GROSS APPROPRIATION |
|
$ |
24,672,000 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Capped federal
revenues |
|
|
8,555,500 |
||
|
Special revenue
funds: |
|
|
|
||
|
Local funds -
state share education funds |
|
|
1,355,700 |
||
|
Local funds -
county chargeback |
|
|
4,698,000 |
||
|
State general fund/general purpose |
|
$ |
10,062,800 |
||
|
Sec. 107. PUBLIC ASSISTANCE |
|
|
|
||
|
Full-time equated
classified positions |
3.0 |
|
|
||
|
Emergency
services local office allocations |
|
$ |
8,813,500 |
||
|
Family
independence program |
|
|
107,814,300 |
||
|
Food assistance
program benefits |
|
|
1,760,805,700 |
||
|
Food Bank Council
of Michigan |
|
|
2,045,000 |
||
|
Indigent burial |
|
|
4,369,100 |
||
|
Low-income home
energy assistance program |
|
|
174,951,600 |
||
|
Michigan energy
assistance program—FTE positions |
1.0 |
|
50,000,000 |
||
|
Multicultural
integration funding |
|
|
17,284,900 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Refugee
assistance program—FTE positions |
2.0 |
|
3,056,600 |
||
|
State disability
assistance payments |
|
|
8,810,000 |
||
|
State
supplementation |
|
|
60,460,700 |
||
|
State supplementation
administration |
|
|
1,806,100 |
||
|
GROSS APPROPRIATION |
|
$ |
2,200,217,500 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Social security
act, temporary assistance for needy families |
|
|
66,341,300 |
||
|
Capped federal
revenues |
|
|
178,192,700 |
||
|
Total other
federal revenues |
|
|
1,756,605,700 |
||
|
Special revenue
funds: |
|
|
|
||
|
Child support
collections |
|
|
10,241,100 |
||
|
Supplemental
security income recoveries |
|
|
1,999,500 |
||
|
Public assistance
recoupment revenue |
|
|
5,000,000 |
||
|
Low-income energy
assistance fund |
|
|
50,000,000 |
||
|
State general fund/general purpose |
|
$ |
131,837,200 |
||
|
Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES |
|
|
|
||
|
Full-time equated
classified positions |
5,774.5 |
|
|
||
|
Administrative
support workers—FTE positions |
221.0 |
$ |
13,976,200 |
||
|
Adult services
field staff—FTE positions |
520.0 |
|
61,338,200 |
||
|
Contractual
services, supplies, and materials |
|
|
17,595,000 |
||
|
Donated funds
positions—FTE positions |
238.0 |
|
28,245,000 |
||
|
Elder Law of Michigan
MiCAFE contract |
|
|
350,000 |
||
|
Electronic
benefit transfer (EBT) |
|
|
7,989,000 |
||
|
Employment and
training support services |
|
|
4,219,100 |
||
|
Field policy and
administration—FTE positions |
119.0 |
|
18,681,700 |
||
|
Field staff
travel |
|
|
8,109,900 |
||
|
Food assistance
reinvestment—FTE positions |
6.0 |
|
10,991,200 |
||
|
Medical/psychiatric
evaluations |
|
|
1,420,100 |
||
|
Nutrition
education—FTE positions |
2.0 |
|
33,057,500 |
||
|
Pathways to
potential—FTE positions |
231.0 |
|
24,978,100 |
||
|
Public assistance
field staff—FTE positions |
4,417.5 |
|
474,413,900 |
||
|
Training and
program support—FTE positions |
20.0 |
|
2,591,200 |
||
|
GROSS APPROPRIATION |
|
$ |
707,956,100 |
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from
department of corrections |
|
|
120,200 |
||
|
IDG from department
of education |
|
|
7,787,700 |
||
|
Federal revenues: |
|
|
|
||
|
Social security
act, temporary assistance for needy families |
|
|
72,296,900 |
||
|
Capped federal
revenues |
|
|
54,218,100 |
||
|
Total other
federal revenues |
|
|
270,794,700 |
||
|
Special revenue
funds: |
|
|
|
||
|
Local funds - donated funds |
|
|
4,235,100 |
||
|
Private funds -
donated funds |
|
|
9,622,200 |
||
|
State general fund/general purpose |
|
$ |
288,881,200 |
||
|
Sec. 109. DISABILITY DETERMINATION SERVICES |
|
|
|
||
|
Full-time equated
classified positions |
575.4 |
|
|
||
|
Disability determination
operations—FTE positions |
571.3 |
$ |
114,009,100 |
||
|
Retirement
disability determination—FTE positions |
4.1 |
|
629,000 |
||
|
GROSS APPROPRIATION |
|
$ |
114,638,100 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from
department of technology, management, and budget - office of retirement
services |
|
|
805,600 |
||
|
Federal revenues: |
|
|
|
||
|
Total other
federal revenues |
|
|
109,903,900 |
||
|
State general fund/general purpose |
|
$ |
3,928,600 |
||
|
Sec. 110. BEHAVIORAL HEALTH
PROGRAM ADMINISTRATION AND SPECIAL PROJECTS |
|
|
|
||
|
Full-time equated
classified positions |
111.0 |
|
|
||
|
Behavioral health
program administration—FTE positions |
89.0 |
$ |
50,020,000 |
||
|
Family support
subsidy |
|
|
13,650,000 |
||
|
Federal and other
special projects |
|
|
2,535,600 |
||
|
Gambling
addiction—FTE positions |
1.0 |
|
5,515,300 |
||
|
Mental health
diversion council |
|
|
3,850,000 |
||
|
Office of
recipient rights—FTE positions |
21.0 |
|
2,873,900 |
||
|
Protection and
advocacy services support |
|
|
194,400 |
||
|
GROSS APPROPRIATION |
|
$ |
78,639,200 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Social security
act, temporary assistance for needy families |
|
|
13,830,500 |
||
|
Total other
federal revenues |
|
|
40,570,000 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total private revenues |
|
|
1,004,700 |
||
|
Total other state
restricted revenues |
|
|
5,515,300 |
||
|
State general fund/general purpose |
|
$ |
17,718,700 |
||
|
Sec. 111. BEHAVIORAL HEALTH SERVICES |
|
|
|
||
|
Full-time equated
classified positions |
12.0 |
|
|
||
|
Autism services |
|
$ |
271,721,000 |
||
|
Behavioral health
community supports and services |
|
|
11,221,500 |
||
|
Civil service
charges |
|
|
297,500 |
||
|
Community mental
health non-Medicaid services |
|
|
125,578,200 |
||
|
Community
substance use disorder prevention, education, and treatment |
|
|
108,333,400 |
||
|
Federal mental
health block grant—FTE positions |
5.0 |
|
20,600,300 |
||
|
Health homes |
|
|
26,769,700 |
||
|
Healthy Michigan
plan - behavioral health |
|
|
589,941,900 |
||
|
Medicaid mental
health services |
|
|
2,653,305,500 |
||
|
Medicaid
substance use disorder services |
|
|
87,663,200 |
||
|
Nursing home
PAS/ARR-OBRA—FTE positions |
7.0 |
|
13,945,600 |
||
|
State disability
assistance program substance use disorder services |
|
|
2,018,800 |
||
|
GROSS APPROPRIATION |
|
$ |
3,911,396,600 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other federal
revenues |
|
|
2,669,219,500 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total local
revenues |
|
|
20,380,700 |
||
|
Total other state
restricted revenues |
|
|
39,517,400 |
||
|
State general fund/general purpose |
|
$ |
1,182,279,000 |
||
|
Sec. 112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC
MENTAL HEALTH SERVICES |
|
|
|
||
|
Full-time equated
classified positions |
2,453.6 |
|
|
||
|
Average
population |
770.0 |
|
|
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Caro Regional
Mental Health Center - psychiatric hospital - adult—FTE positions |
542.3 |
$ |
64,864,600 |
||
|
Average
population |
145.0 |
|
|
||
|
Center for
forensic psychiatry—FTE positions |
627.1 |
|
101,054,600 |
||
|
Average
population |
240.0 |
|
|
||
|
Developmental
disabilities council and projects—FTE positions |
10.0 |
|
3,143,100 |
||
|
Gifts and
bequests for patient living and treatment environment |
|
|
1,000,000 |
||
|
Hawthorn Center -
psychiatric hospital - children and adolescents—FTE positions |
292.0 |
|
33,576,100 |
||
|
Average
population |
55.0 |
|
|
||
|
IDEA, federal
special education |
|
|
120,000 |
||
|
Kalamazoo
Psychiatric Hospital - adult—FTE positions |
564.8 |
|
74,250,200 |
||
|
Average
population |
170.0 |
|
|
||
|
Purchase of
medical services for residents of hospitals and centers |
|
|
445,600 |
||
|
Revenue recapture |
|
|
750,100 |
||
|
Special
maintenance |
|
|
924,600 |
||
|
Walter P. Reuther
Psychiatric Hospital - adult—FTE positions |
417.4 |
|
60,653,100 |
||
|
Average
population |
160.0 |
|
|
||
|
GROSS APPROPRIATION |
|
$ |
340,782,000 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Coronavirus
relief fund |
|
|
22,500,000 |
||
|
Total other
federal revenues |
|
|
44,434,700 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total local
revenues |
|
|
23,105,300 |
||
|
Total private
revenues |
|
|
1,000,000 |
||
|
Total other state
restricted revenues |
|
|
15,109,600 |
||
|
State general fund/general purpose |
|
$ |
234,632,400 |
||
|
Sec. 113. HEALTH AND HUMAN
SERVICES POLICY AND INITIATIVES |
|
|
|
||
|
Full-time equated
classified positions |
49.7 |
|
|
||
|
Bone marrow donor
and blood bank programs |
|
$ |
750,000 |
||
|
Certificate of
need program administration—FTE positions |
11.8 |
|
2,822,100 |
||
|
Michigan
essential health provider |
|
|
3,519,600 |
||
|
Minority health
grants and contracts—FTE positions |
3.0 |
|
1,136,500 |
||
|
Nurse education
and research program—FTE positions |
3.0 |
|
814,000 |
||
|
Policy and
planning administration—FTE positions |
28.9 |
|
3,987,300 |
||
|
Primary care
services—FTE positions |
2.0 |
|
3,793,000 |
||
|
Rural health
services—FTE positions |
1.0 |
|
1,555,500 |
||
|
GROSS APPROPRIATION |
|
$ |
18,378,000 |
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from the
department of education |
|
|
2,400 |
||
|
IDG from the
department of licensing and regulatory affairs |
|
|
814,000 |
||
|
IDG from the department
of treasury, Michigan finance authority |
|
|
117,700 |
||
|
Federal revenues: |
|
|
|
||
|
Social security
act, temporary assistance for needy families |
|
|
163,400 |
||
|
Capped federal
revenues |
|
|
17,000 |
||
|
Total other
federal revenues |
|
|
4,425,600 |
||
|
Special revenue funds: |
|
|
|
||
|
Total private
revenues |
|
|
865,000 |
||
|
Total other state
restricted revenues |
|
|
3,233,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
State general fund/general purpose |
|
$ |
8,739,900 |
||
|
Sec. 114. EPIDEMIOLOGY,
EMERGENCY MEDICAL SERVICES, AND LABORATORY |
|
|
|
||
|
Full-time equated
classified positions |
420.5 |
|
|
||
|
Bioterrorism
preparedness—FTE positions |
53.0 |
$ |
30,702,600 |
||
|
Childhood lead
program—FTE positions |
4.5 |
|
2,324,900 |
||
|
Emergency medical
services program—FTE positions |
23.0 |
|
6,667,600 |
||
|
Epidemiology
administration—FTE positions |
86.1 |
|
27,580,700 |
||
|
Healthy homes
program—FTE positions |
12.0 |
|
32,757,500 |
||
|
Laboratory
services—FTE positions |
102.0 |
|
26,655,100 |
||
|
Newborn screening
follow-up and treatment services—FTE positions |
10.5 |
|
7,868,700 |
||
|
PFAS and
environmental contamination response—FTE positions |
48.0 |
|
20,802,500 |
||
|
Vital records and
health statistics—FTE positions |
81.4 |
|
10,686,700 |
||
|
GROSS APPROPRIATION |
|
$ |
166,046,300 |
||
|
Appropriated
from: |
|
|
|
||
|
Interdepartmental
grant revenues: |
|
|
|
||
|
IDG from the
department of environment, Great Lakes, and energy |
|
|
995,700 |
||
|
Federal revenues: |
|
|
|
||
|
Capped federal
revenues |
|
|
81,100 |
||
|
Total other
federal revenues |
|
|
78,067,300 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total private
revenues |
|
|
342,600 |
||
|
Total other state
restricted revenues |
|
|
32,644,400 |
||
|
State general fund/general purpose |
|
$ |
53,915,200 |
||
|
Sec. 115. LOCAL HEALTH AND ADMINISTRATIVE SERVICES |
|
|
|
||
|
Full-time equated
classified positions |
137.3 |
|
|
||
|
AIDS prevention,
testing, and care programs—FTE positions |
37.7 |
$ |
96,696,700 |
||
|
Cancer prevention
and control program—FTE positions |
18.0 |
|
15,825,900 |
||
|
Chronic disease
control and health promotion administration—FTE positions |
19.4 |
|
8,739,100 |
||
|
Diabetes and
kidney program—FTE positions |
8.0 |
|
4,122,000 |
||
|
Essential local public
health services |
|
|
51,419,300 |
||
|
Implementation of
1993 PA 133, MCL 333.17015 |
|
|
20,000 |
||
|
Local health
services—FTE positions |
3.3 |
|
8,710,000 |
||
|
Medicaid outreach
cost reimbursement to local health departments |
|
|
12,500,000 |
||
|
Public health administration—FTE
positions |
9.0 |
|
2,034,100 |
||
|
Sexually
transmitted disease control program—FTE positions |
20.0 |
|
6,182,700 |
||
|
Smoking
prevention program—FTE positions |
15.0 |
|
3,858,300 |
||
|
Violence
prevention—FTE positions |
6.9 |
|
10,334,300 |
||
|
GROSS APPROPRIATION |
|
$ |
220,442,400 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other
federal revenues |
|
|
82,787,900 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total local
revenues |
|
|
5,150,000 |
||
|
Total private
revenues |
|
|
64,147,600 |
||
|
Total other state
restricted revenues |
|
|
10,113,700 |
||
|
State general fund/general purpose |
|
$ |
58,243,200 |
||
|
Sec. 116. FAMILY HEALTH SERVICES |
|
|
|
||
|
Full-time equated
classified positions |
133.6 |
|
|
||
|
Child and
adolescent health care and centers |
|
$ |
8,442,700 |
||
|
Dental programs—FTE
positions |
3.8 |
|
3,264,900 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Drinking water
declaration of emergency |
|
|
4,621,000 |
||
|
Family, maternal,
and child health administration—FTE positions |
55.0 |
|
9,800,400 |
||
|
Family planning
local agreements |
|
|
8,810,700 |
||
|
Immunization
program—FTE positions |
15.8 |
|
19,103,100 |
||
|
Local MCH
services |
|
|
7,018,100 |
||
|
Pregnancy
prevention program |
|
|
1,464,600 |
||
|
Prenatal care and
premature birth avoidance grant |
|
|
1,000,000 |
||
|
Prenatal care
outreach and service delivery support—FTE positions |
14.0 |
|
25,258,100 |
||
|
Special projects |
|
|
6,289,100 |
||
|
Sudden and
unexpected infant death and suffocation prevention program |
|
|
321,300 |
||
|
Women, infants,
and children program administration and special projects—FTE positions |
45.0 |
|
18,358,700 |
||
|
Women, infants,
and children program local agreements and food costs |
|
|
231,285,000 |
||
|
GROSS APPROPRIATION |
|
$ |
345,037,700 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other
federal revenues |
|
|
244,114,300 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total local revenues |
|
|
8,517,700 |
||
|
Total private
revenues |
|
|
62,202,400 |
||
|
Total other state
restricted revenues |
|
|
4,046,900 |
||
|
State general fund/general purpose |
|
$ |
26,156,400 |
||
|
Sec. 117. CHILDREN’S SPECIAL HEALTH CARE SERVICES |
|
|
|
||
|
Full-time equated
classified positions |
46.8 |
|
|
||
|
Bequests for care
and services—FTE positions |
2.8 |
$ |
1,837,100 |
||
|
Children’s
special health care services administration—FTE positions |
44.0 |
|
6,081,900 |
||
|
Medical care and
treatment |
|
|
256,226,100 |
||
|
Nonemergency
medical transportation |
|
|
801,200 |
||
|
Outreach and
advocacy |
|
|
5,510,000 |
||
|
GROSS APPROPRIATION |
|
$ |
270,456,300 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other
federal revenues |
|
|
153,214,700 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total private
revenues |
|
|
1,015,500 |
||
|
Total other state
restricted revenues |
|
|
4,183,400 |
||
|
State general fund/general purpose |
|
$ |
112,042,700 |
||
|
Sec. 118. AGING AND ADULT SERVICES AGENCY |
|
|
|
||
|
Full-time equated
classified positions |
47.0 |
|
|
||
|
Aging and adult
services administration—FTE positions |
47.0 |
$ |
9,339,900 |
||
|
Community
services |
|
|
46,806,100 |
||
|
Employment
assistance |
|
|
3,500,000 |
||
|
Nutrition
services |
|
|
43,054,200 |
||
|
Respite care
program |
|
|
6,468,700 |
||
|
Senior volunteer
service programs |
|
|
4,765,300 |
||
|
GROSS APPROPRIATION |
|
$ |
113,934,200 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Capped federal
revenues |
|
|
249,700 |
||
|
Total other
federal revenues |
|
|
60,594,200 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total private
revenues |
|
|
1,020,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Michigan merit award
trust fund |
|
|
4,068,700 |
||
|
Total other state
restricted revenues |
|
|
2,000,000 |
||
|
State general fund/general purpose |
|
$ |
46,001,600 |
||
|
Sec. 119. MEDICAL SERVICES ADMINISTRATION |
|
|
|
||
|
Full-time equated
classified positions |
408.0 |
|
|
||
|
Electronic health
record incentive program |
|
$ |
37,477,500 |
||
|
Healthy Michigan
plan administration—FTE positions |
36.0 |
|
34,748,600 |
||
|
Medical services
administration—FTE positions |
372.0 |
|
77,725,100 |
||
|
GROSS APPROPRIATION |
|
$ |
149,951,200 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other
federal revenues |
|
|
113,025,600 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total local revenues |
|
|
37,700 |
||
|
Total private
revenues |
|
|
851,300 |
||
|
Total other state
restricted revenues |
|
|
336,300 |
||
|
State general fund/general purpose |
|
$ |
35,700,300 |
||
|
Sec. 120. MEDICAL SERVICES |
|
|
|
||
|
Adult home help
services |
|
$ |
367,575,200 |
||
|
Ambulance
services |
|
|
10,494,300 |
||
|
Auxiliary medical
services |
|
|
7,783,600 |
||
|
Dental clinic
program |
|
|
1,000,000 |
||
|
Dental services |
|
|
330,754,400 |
||
|
Federal Medicare
pharmaceutical program |
|
|
276,629,000 |
||
|
Health plan
services |
|
|
5,949,874,000 |
||
|
Healthy Michigan
plan |
|
|
4,586,384,100 |
||
|
Home health services |
|
|
4,446,500 |
||
|
Hospice services |
|
|
160,016,700 |
||
|
Hospital
disproportionate share payments |
|
|
45,000,000 |
||
|
Hospital services
and therapy |
|
|
835,060,600 |
||
|
Integrated care
organizations |
|
|
289,839,600 |
||
|
Long-term care
services |
|
|
2,051,483,200 |
||
|
Maternal and
child health |
|
|
32,176,500 |
||
|
Medicaid home-
and community-based services waiver |
|
|
372,327,100 |
||
|
Medicare premium
payments |
|
|
673,077,600 |
||
|
Personal care
services |
|
|
9,148,800 |
||
|
Pharmaceutical
services |
|
|
204,266,400 |
||
|
Physician
services |
|
|
279,155,200 |
||
|
Program of
all-inclusive care for the elderly |
|
|
149,987,800 |
||
|
School-based
services |
|
|
151,140,000 |
||
|
Special Medicaid
reimbursement |
|
|
354,301,500 |
||
|
Transportation |
|
|
15,149,600 |
||
|
GROSS APPROPRIATION |
|
$ |
17,157,071,700 |
||
|
Appropriated
from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other
federal revenues |
|
|
12,352,884,500 |
||
|
Special revenue
funds: |
|
|
|
||
|
Total local
revenues |
|
|
47,775,200 |
||
|
Total private revenues |
|
|
4,700,000 |
||
|
Michigan merit
award trust fund |
|
|
37,200,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Total other state restricted revenues |
|
|
2,733,110,100 |
||
|
State general fund/general purpose |
|
$ |
1,981,401,900 |
||
|
Sec. 121. INFORMATION TECHNOLOGY |
|
|
|
||
|
Full-time equated classified positions |
19.0 |
|
|
||
|
Bridges information system |
|
$ |
3,742,000 |
||
|
Child support automation |
|
|
43,355,300 |
||
|
Comprehensive child welfare information system—FTE positions |
6.0 |
|
4,389,400 |
||
|
Information technology services and projects |
|
|
329,625,500 |
||
|
Michigan Medicaid information system—FTE positions |
3.0 |
|
116,936,000 |
||
|
Michigan statewide automated child welfare information system |
|
|
5,647,800 |
||
|
Technology supporting integrated service delivery—FTE positions |
10.0 |
|
18,461,600 |
||
|
GROSS APPROPRIATION |
|
$ |
522,157,600 |
||
|
Appropriated from: |
|
|
|
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
IDG from department of education |
|
|
1,067,000 |
||
|
Federal revenues: |
|
|
|
||
|
Social security act, temporary assistance for needy families |
|
|
24,854,500 |
||
|
Capped federal revenues |
|
|
21,721,400 |
||
|
Total other federal revenues |
|
|
333,913,000 |
||
|
Special revenue funds: |
|
|
|
||
|
Total private revenues |
|
|
25,250,000 |
||
|
Total other state restricted revenues |
|
|
1,999,800 |
||
|
State general fund/general purpose |
|
$ |
113,351,900 |
||
|
Sec. 122. ONE-TIME APPROPRIATIONS |
|
|
|
||
|
Actuarial study |
|
$ |
275,000 |
||
|
Autism navigator |
|
|
1,025,000 |
||
|
Autism train the trainer grant |
|
|
244,800 |
||
|
Children’s center |
|
|
200,000 |
||
|
County coronavirus related youth funding |
|
|
250,000 |
||
|
Direct care worker temporary wage increase |
|
|
150,000,000 |
||
|
First responder and public safety staff mental health |
|
|
2,500,000 |
||
|
Great Lakes recovery center |
|
|
250,000 |
||
|
Healthy communities grant |
|
|
300,000 |
||
|
Infant rapid whole genome sequencing project |
|
|
1,000,000 |
||
|
Kids’ food basket |
|
|
250,000 |
||
|
Lead poisoning prevention fund |
|
|
2,000,000 |
||
|
Legal assistance |
|
|
60,000 |
||
|
Nonprofit mental health clinics |
|
|
200,000 |
||
|
Senior citizen center program grants |
|
|
150,000 |
||
|
Skilled nursing facility personal protective equipment grants |
|
|
20,000,000 |
||
|
Special Olympics capital improvement project |
|
|
1,000,000 |
||
|
Statewide health information exchange projects |
|
|
2,750,000 |
||
|
Substance abuse community and school outreach |
|
|
100,000 |
||
|
Unified clinics resiliency center for families and children |
|
|
1,500,000 |
||
|
Vision clinic |
|
|
100,000 |
||
|
GROSS APPROPRIATION |
|
$ |
184,154,800 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Coronavirus relief fund |
|
|
20,000,000 |
||
|
Total other federal revenues |
|
|
110,650,000 |
||
|
Special revenue funds: |
|
|
|
||
|
Total private revenues |
|
|
100,000 |
||
|
State general fund/general purpose |
|
$ |
53,404,800 |
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under part 1 for
fiscal year 2020-2021 is $8,079,851,200.00 and state spending from state
sources to be paid to local units of government for fiscal year 2020-2021 is
$1,673,960,400.00. The itemized statement below identifies appropriations from
which spending to local units of government will occur:
|
DEPARTMENT OF HEALTH AND HUMAN
SERVICES |
|
|
|
||
|
CHILD SUPPORT ENFORCEMENT |
|
|
|
||
|
Child support
incentive payments |
|
$ |
9,465,000 |
||
|
Legal support
contracts |
|
|
53,000 |
||
|
COMMUNITY SERVICES AND OUTREACH |
|
|
|
||
|
Community
services and outreach administration |
|
|
1,000 |
||
|
Crime victim
rights services grants |
|
|
9,792,000 |
||
|
Domestic violence
prevention and treatment |
|
|
23,000 |
||
|
Homeless programs |
|
|
4,000 |
||
|
Housing and
support services |
|
|
33,000 |
||
|
CHILDREN’S SERVICES AGENCY – CHILD WELFARE |
|
|
|
||
|
Child care fund |
|
|
197,186,700 |
||
|
Child care fund -
indirect cost allotment |
|
|
3,500,000 |
||
|
Child welfare
licensing |
|
|
179,000 |
||
|
Child welfare
medical/psychiatric evaluations |
|
|
19,000 |
||
|
Children’s trust
fund grants |
|
|
70,000 |
||
|
Contractual
services, supplies, and materials |
|
|
3,000 |
||
|
Family
preservation programs |
|
|
71,000 |
||
|
Foster care
payments |
|
|
1,711,000 |
||
|
Strong
families/safe children |
|
|
7,000 |
||
|
Youth in
transition |
|
|
4,000 |
||
|
CHILDREN’S SERVICES AGENCY – JUVENILE JUSTICE |
|
|
|
||
|
Bay Pines Center |
|
|
32,000 |
||
|
Community support
services |
|
|
362,000 |
||
|
Shawono Center |
|
|
11,000 |
||
|
PUBLIC ASSISTANCE |
|
|
|
||
|
Emergency
services local office allocations |
|
|
598,000 |
||
|
Family
independence program |
|
|
1,000 |
||
|
Indigent burial |
|
|
4,000 |
||
|
Multicultural
integration funding |
|
|
1,425,000 |
||
|
State disability
assistance payments |
|
|
243,000 |
||
|
FIELD OPERATIONS AND SUPPORT SERVICES |
|
|
|
||
|
Contractual
services, supplies, and materials |
|
|
41,000 |
||
|
Employment and
training support services |
|
|
6,000 |
||
|
DISABILITY DETERMINATION SERVICES |
|
|
|
||
|
Disability
determination operations |
|
|
3,000 |
||
|
BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS |
|
|
|
||
|
Behavioral health
program administration |
|
|
3,849,000 |
||
|
Gambling
addiction |
|
|
1,494,000 |
||
|
BEHAVIORAL HEALTH SERVICES |
|
|
|
||
|
Autism services |
|
|
99,057,600 |
||
|
Community mental
health non-Medicaid services |
|
|
125,578,200 |
||
|
Community
substance use disorder prevention, education, and treatment |
|
|
16,171,000 |
||
|
Health homes |
|
|
2,496,300 |
||
|
Healthy Michigan
plan - behavioral health |
|
|
58,689,300 |
||
|
Medicaid mental
health services |
|
|
877,733,300 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Medicaid
substance use disorder services |
|
|
31,933,900 |
||
|
Nursing home
PAS/ARR-OBRA |
|
|
3,181,000 |
||
|
State disability
assistance program substance use disorder services |
|
|
2,018,800 |
||
|
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES |
|
|
|
||
|
Caro Regional
Mental Health Center - psychiatric hospital – adult |
|
|
214,000 |
||
|
Center for
forensic psychiatry |
|
|
582,000 |
||
|
Hawthorn Center -
psychiatric hospital - children and adolescents |
|
|
68,000 |
||
|
Kalamazoo
Psychiatric Hospital - adult |
|
|
33,000 |
||
|
Walter P. Reuther
Psychiatric Hospital - adult |
|
|
46,000 |
||
|
HEALTH AND HUMAN SERVICES POLICY AND INITIATIVES |
|
|
|
||
|
Primary care
services |
|
|
89,000 |
||
|
EPIDEMIOLOGY, EMERGENCY MEDICAL SERVICES, AND LABORATORY |
|
|
|
||
|
Emergency medical
services program |
|
|
5,000 |
||
|
Epidemiology
administration |
|
|
217,000 |
||
|
Healthy homes
program |
|
|
250,000 |
||
|
PFAS and environmental
contamination response |
|
|
868,000 |
||
|
LOCAL HEALTH AND ADMINISTRATIVE SERVICES |
|
|
|
||
|
AIDS prevention,
testing, and care programs |
|
|
2,481,000 |
||
|
Cancer prevention
and control program |
|
|
53,000 |
||
|
Chronic disease
control and health promotion administration |
|
|
3,000 |
||
|
Essential local
public health services |
|
|
46,269,300 |
||
|
Local health
services |
|
|
1,182,000 |
||
|
Public health
administration |
|
|
2,000 |
||
|
Sexually
transmitted disease control program |
|
|
459,000 |
||
|
FAMILY HEALTH SERVICES |
|
|
|
||
|
Drinking water declaration
of emergency |
|
|
1,460,000 |
||
|
Family planning
local agreements |
|
|
196,000 |
||
|
Immunization
program |
|
|
1,087,000 |
||
|
Prenatal care
outreach and service delivery support |
|
|
4,817,000 |
||
|
CHILDREN’S SPECIAL HEALTH CARE SERVICES |
|
|
|
||
|
Children’s
special health care services administration |
|
|
5,000 |
||
|
Medical care and
treatment |
|
|
1,093,000 |
||
|
Outreach and
advocacy |
|
|
2,755,000 |
||
|
AGING AND ADULT SERVICES AGENCY |
|
|
|
||
|
Aging and adult
services administration |
|
|
1,249,000 |
||
|
Community
services |
|
|
23,785,700 |
||
|
Nutrition services |
|
|
12,597,200 |
||
|
Respite care
program |
|
|
6,468,700 |
||
|
Senior volunteer
service programs |
|
|
829,000 |
||
|
MEDICAL SERVICES |
|
|
|
||
|
Adult home help
services |
|
|
223,000 |
||
|
Ambulance
services |
|
|
540,000 |
||
|
Auxiliary medical
services |
|
|
1,000 |
||
|
Dental services |
|
|
963,000 |
||
|
Healthy Michigan
plan |
|
|
628,000 |
||
|
Home health
services |
|
|
10,000 |
||
|
Hospice services |
|
|
16,000 |
||
|
Hospital
disproportionate share payments |
|
|
40,000 |
||
|
Hospital services
and therapy |
|
|
2,428,000 |
||
|
Long-term care
services |
|
|
96,266,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Medicaid home-
and community-based services waiver |
|
|
12,186,000 |
||
|
Personal care
services |
|
|
31,000 |
||
|
Pharmaceutical
services |
|
|
23,000 |
||
|
Physician
services |
|
|
2,629,000 |
||
|
Special Medicaid
reimbursement |
|
|
1,121,400 |
||
|
Transportation |
|
|
191,000 |
||
|
ONE-TIME APPROPRIATIONS |
|
|
|
||
|
Children’s center |
|
|
200,000 |
||
|
County
coronavirus related youth funding |
|
|
250,000 |
||
|
TOTAL OF PAYMENTS TO LOCAL UNITS OF GOVERNMENT |
|
$ |
1,673,960,400 |
Sec. 202. The appropriations authorized
under this part and part 1 are subject to the management and budget act, 1984
PA 431,
Sec. 203. As used in this part and part 1:
(a) “AIDS” means acquired immunodeficiency syndrome.
(b) “CMHSP” means a community mental health services program
as that term is defined in section 100a of the mental health code, 1974 PA 258,
MCL 330.1100a.
(c) “CMS” means the Centers for Medicare and Medicaid Services.
(d) “Current fiscal year” means the fiscal year ending
September 30, 2021.
(e) “Department” means the department of health and human
services.
(f) “Director” means the director of the department.
(g) “DSH” means disproportionate share hospital.
(h) “EPSDT” means early and periodic screening, diagnosis,
and treatment.
(i) “Federal poverty level” means the poverty guidelines
published annually in the Federal Register by the United States Department of
Health and Human Services under its authority to revise the poverty line under
42 USC 9902.
(j) “FTE” means full-time equated.
(k) “GME” means graduate medical education.
(l) “Health plan”
means, at a minimum, an organization that meets the criteria for delivering the
comprehensive package of services under the department’s comprehensive health
plan.
(m) “HEDIS” means healthcare effectiveness data and
information set.
(n) “HMO” means health maintenance organization.
(o) “IDEA” means the individuals with disabilities education
act, 20 USC 1400 to 1482.
(p) “
(q) “MCH” means maternal and child health.
(r) “Medicaid” means subchapter XIX of the social security
act, 42 USC 1396 to 1396w-5.
(s) “Medicare” means subchapter XVIII of the social security
act, 42 USC 1395 to 1395lll.
(t) “MiCAFE” means Michigan’s coordinated access to food for
the elderly.
(u) “MIChild” means the program described in section 1670 of
this part.
(v) “MiSACWIS” means Michigan statewide automated child
welfare information system.
(w) “PAS/ARR-OBRA” means the preadmission screening and
annual resident review required under the omnibus budget reconciliation act of
1987, section 1919(e)(7) of the social security act, 42 USC 1396r.
(x) “PFAS” means perfluoroalkyl and polyfluoroalkyl
substances.
(y) “PIHP” means an entity designated by the department as a
regional entity or a specialty prepaid inpatient health plan for Medicaid
mental health services, services to individuals with developmental
disabilities, and substance use disorder services. Regional entities are
described in section 204b of the mental health code, 1974 PA 258, MCL
330.1204b. Specialty prepaid inpatient health plans are described in section 232b
of the mental health code, 1974 PA 258, MCL 330.1232b.
(z) “Previous fiscal year” means the fiscal year ending
September 30, 2020.
(aa) “Quarterly reports” means 4 reports shall be submitted
to the required recipients by the following dates: February 1, April 1, July 1,
and September 30 of the current fiscal year.
(bb) “Semiannual basis” means March 1 and September 30 of the
current fiscal year.
(cc) “Settlement” means the settlement agreement entered in
the case of Dwayne B. v Snyder,
docket no. 2:06-cv-13548 in the United States District Court for the
Eastern District of Michigan.
(dd) “Temporary assistance for needy families” or “TANF” or “title
IV-A” means part A of subchapter IV of the social security act, 42
(ee) “Title IV-B” means part B of title IV of the social
security act, 42 USC 620 to 629m.
(ff) “Title IV-D” means part D of title IV of the social
security act, 42
(gg) “Title IV-E” means part E of title IV of the social
security act, 42
(hh) “Title X” means subchapter VIII of the public health
service act, 42 USC 300 to 300a-8, which establishes grants to states for
family planning services.
Sec. 204. The department and agencies receiving
appropriations in part 1 shall use the internet to fulfill the reporting
requirements of this part and part 1.
This requirement shall include transmission of reports via electronic mail to
the recipients identified for each reporting requirement, and it shall include
placement of reports on the internet.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or
services, or both, if competitively priced and of comparable quality American goods or services, or both,
are available. Preference shall
be given to goods or services, or both,
manufactured or provided by Michigan businesses if they are competitively priced and of
comparable quality. In addition, preference shall be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans
if they are competitively priced and of comparable quality.
Sec. 206. To the extent permissible under the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all
reasonable steps to ensure businesses in deprived and depressed communities
compete for and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department contracts to
subcontract with certified businesses in depressed and deprived communities for
services, supplies, or both.
Sec. 207. The department and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
previous fiscal year that was funded in whole or in part with funds
appropriated in the department’s budget. The report shall be submitted to the
senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general fund/general
purpose revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded with other
revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire a person to
provide legal services that are the responsibility of the attorney general.
This prohibition does not apply to legal services for bonding activities and
for those outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of the total
general fund/general purpose appropriation lapses at the close of the previous
fiscal year. This report shall summarize the projected year-end general
fund/general purpose appropriation lapses by major departmental program or
program areas. The report shall be transmitted to the chairpersons of the
senate and house appropriations committees, and the senate and house fiscal agencies.
Sec.
210. (1) In addition to the funds appropriated in part 1, there is appropriated
an amount not to exceed $20,000,000.00 for federal contingency funds. These
funds are not available for expenditure until they have been transferred to
another line item in part 1 under section 393(2) of the management and budget
act, 1984 PA 431,
(2)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $20,000,000.00 for state restricted contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431,
(3)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $5,000,000.00 for local contingency funds. These funds are
not available for expenditure until they have been transferred to another line
item in part 1 under section 393(2) of the management and budget act, 1984 PA
431,
(4) In addition to the funds
appropriated in part 1, there is appropriated an amount not to exceed
$2,000,000.00 for private contingency funds. These funds are not available for
expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431,
Sec. 211. The department shall
cooperate with the department of technology, management, and budget to maintain
a searchable website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal year-to-date
expenditures by appropriation unit.
(c) Fiscal year-to-date payments to
a selected vendor, including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department
employees by job classification.
(e) Job specifications and wage rates.
Sec. 212. Within
14 days after the release of the executive budget recommendation, the department
shall cooperate with the state budget office to provide the senate and house
appropriations chairs, the senate and house appropriations subcommittees chairs,
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 previous fiscal year and the current
fiscal year. The department shall provide to the state budget office
information sufficient to complete the report required under this section.
Sec. 213. The department shall
maintain, on a publicly accessible website, a department scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the department’s performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the current fiscal year are estimated at
$359,304,200.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $172,398,600.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$186,905,600.00.
Sec. 215. If either of the following events occur, within 30
days the department shall notify the state budget director, the chairs of the
house and senate appropriations subcommittees on the department budget, and the
house and senate fiscal agencies and policy offices of that fact:
(a) A legislative objective of this part or of a bill or
amendment to a bill to amend the social welfare act, 1939 PA 280,
(b) A federal grant, for which a notice of an award has been
received, cannot be used, or will not be used.
Sec. 216. (1) In addition to funds appropriated in part 1 for
all programs and services, there is appropriated for write-offs of accounts
receivable, deferrals, and for prior year obligations in excess of applicable
prior year appropriations, an amount equal to total write-offs and prior year
obligations, but not to exceed amounts available in prior year revenues.
(2) The department’s ability to satisfy appropriation fund
sources in part 1 shall not be limited to collections and accruals pertaining
to services provided in the current fiscal year, but shall also include
reimbursements, refunds, adjustments, and settlements from prior years.
Sec. 217. (1) By February 1 of the current fiscal year, the
department shall report to the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and the state
budget director on the detailed name and amounts of estimated federal,
restricted, private, and local sources of revenue that support the
appropriations in each of the line items in part 1.
(2) Upon the release of the next fiscal year executive budget
recommendation, the department shall report to the same parties in subsection
(1) on the amounts and detailed sources of federal, restricted, private, and
local revenue proposed to support the total funds appropriated in each of the
line items in part 1 of the next fiscal year executive budget proposal.
Sec. 218. (1) As required under part 23 of the public health
code, 1978 PA 368,
(a) Immunizations.
(b) Communicable disease control.
(c) Sexually transmitted disease control.
(d) Tuberculosis control.
(e) Prevention of gonorrhea eye infection in newborns.
(f) Screening newborns for the conditions listed in section
5431 of the public health code, 1978 PA 368,
(g) Health and human services annex of the Michigan emergency
management plan.
(h) Prenatal care.
(2) By January
1 of the current fiscal year, the department shall report to the house and
senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office on the revisions to the list of basic health services, listed in
subsection (1), and program statements that have been prepared and published as
required under section 2311 of the public health code, 1978 PA 368, MCL
333.2311.
Sec. 219. (1)
The department may contract with the Michigan Public Health Institute for the
design and implementation of projects and for other public health-related
activities prescribed in section 2611 of the public health code, 1978 PA 368,
(a) A detailed
description of each funded project.
(b) The amount
allocated for each project, the appropriation line item from which the
allocation is funded, and the source of financing for each project.
(c) The
expected project duration.
(d) A detailed
spending plan for each project, including a list of all subgrantees and the
amount allocated to each subgrantee.
(2) On or
before December 30 of the current fiscal year, the department shall provide to
the same parties listed in subsection (1) a copy of all reports, studies, and
publications produced by the Michigan Public Health Institute, its
subcontractors, or the department with the funds appropriated in the department’s
budget in the previous fiscal year and allocated to the Michigan Public Health
Institute.
Sec. 220. The
department shall ensure that faith-based organizations are able to apply and
compete for services, programs, or contracts that they are qualified and
suitable to fulfill. The department shall not disqualify faith-based organizations
solely on the basis of the religious nature of their organization or their
guiding principles or statements of faith.
Sec. 221. According to section 1b of the social welfare
act, 1939 PA 280, MCL 400.1b, the department shall treat part 1 and this part as
a time-limited addendum to the social welfare act, 1939 PA 280, MCL 400.1 to
400.119b.
(2) The
department shall make the entire policy and procedures manual available and
accessible to the public via the department website.
(3) The
department shall report by April 1 of the current fiscal year on each specific
policy change made to implement a public act affecting the department that took
effect during the prior calendar year to the house and senate appropriations
subcommittees on the budget for the department, the joint committee on
administrative rules, the senate and house fiscal agencies, and policy offices.
The department shall attach each policy bulletin issued during the prior calendar
year to this report.
Sec. 223. The
department may establish and collect fees for publications, videos and related
materials, conferences, and workshops. Collected fees are appropriated when
received and shall be used to offset expenditures to pay for printing and
mailing costs of the publications, videos and related materials, and costs of
the workshops and conferences. The department shall not collect fees under this
section that exceed the cost of the expenditures. When collected fees are
appropriated under this section in an amount that exceeds the current fiscal
year appropriation, within 30 days the department shall notify the chairs of
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies and policy offices, and the state budget
director of that fact.
Sec. 224. The
department may retain all of the state’s share of food assistance overissuance
collections as an offset to general fund/general purpose costs. Retained
collections shall be applied against federal funds deductions in all
appropriation units where department costs related to the investigation and
recoupment of food assistance overissuances are incurred. Retained collections
in excess of such costs shall be applied against the federal funds deducted in
the departmental administration and support appropriation unit.
Sec. 225. (1)
For providers and entities receiving funds from the appropriations in part 1,
sanctions, suspensions, conditions for provisional license status, and other
penalties shall not be more stringent for private service providers than for
public entities performing equivalent or similar services.
(2) For
services to be provided from the appropriations in part 1, both of the
following apply:
(a) Neither
the department nor private service providers or licensees shall be granted
preferential treatment or considered automatically to be in compliance with
administrative rules based on whether they have collective bargaining
agreements with direct care workers.
(b) Private
service providers or licensees without collective bargaining agreements shall
not be subjected to additional requirements or conditions of licensure based on
their lack of collective bargaining agreements.
Sec. 226. If
the revenue collected by the department from fees and collections exceeds the
amount appropriated in part 1, the revenue may be carried forward with the
approval of the state budget director into the subsequent fiscal year. The
revenue carried forward under this section shall be used as the first source of
funds in the subsequent fiscal year.
Sec. 227. The
state departments, agencies, and commissions receiving tobacco tax funds and
Healthy Michigan fund revenue from part 1 shall report by April 1 of the
current fiscal year to the senate and house appropriations committees, the
senate and house fiscal agencies, and the state budget director on the
following:
(a) Detailed
spending plan by appropriation line item including description of programs and
a summary of organizations receiving these funds.
(b)
Description of allocations or bid processes including need or demand indicators
used to determine allocations.
(c)
Eligibility criteria for program participation and maximum benefit levels where
applicable.
(d) Outcome
measures used to evaluate programs, including measures of the effectiveness of
these programs in improving the health of Michigan residents.
Sec. 228. (1)
If the department is authorized under state or federal law to collect an
overpayment owed to the department, the department may assess a penalty of 1%
per month beginning 60 days after notification. If caused by department error,
a penalty may not be assessed until 6 months after the initial notification
date of the overpayment amount. The department shall not collect penalty interest
in an amount that exceeds the amount of the original overpayment. The state
share of any funds collected under this section shall be deposited in the state
general fund.
(2) By
September 30 of the current fiscal year, the department shall report to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office on penalty
amounts assessed and paid by account during the current fiscal year, the reason
for the penalty, and the current status of the account.
Sec. 229. (1)
The department shall extend the interagency agreement with the office of
employment and training within the department of labor and economic opportunity
for the duration of the current fiscal year, which concerns TANF funding to
provide job readiness and welfare-to-work programming. The interagency
agreement shall require the office of employment and training within the
department of labor and economic opportunity to report the following specific
outcome and performance measures to the senate and house appropriations
subcommittees on the department budget, the senate and house appropriations
subcommittees on general government, the senate and house fiscal agencies, the
senate and house policy offices, and the state budget office by January 1 of
the current fiscal year for the previous fiscal year:
(a) An
itemized spending report on TANF funding, including all of the following:
(i) Direct services to recipients.
(ii) Administrative expenditures.
(b) The number
of family independence program (FIP) recipients served through the TANF
funding, including all of the following:
(i) The number and percentage who
obtained employment through Michigan Works!
(ii) The number and percentage who
fulfilled their TANF work requirement through other job readiness programming.
(iii) Average TANF spending per
recipient.
(iv) The number and percentage of
recipients who were referred to Michigan Works! but did not receive a job or
job readiness placement and the reasons why.
(c) The following
data itemized by Michigan Works! agency:
(i) The
number of referrals to Michigan Works! job readiness programs.
(ii)
The number of referrals to Michigan Works! job readiness programs who became a
participant in the Michigan Works! job readiness programs.
(iii)
The number of participants who obtained employment, and the cost per
participant case.
Sec. 230. By
December 31 of the current fiscal year, the department shall report to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget
office on the status of the implementation of any noninflationary, noncaseload,
programmatic funding increases in the current fiscal year from the previous
fiscal year. The report shall confirm the implementation of already implemented
funding increases and provide explanations for any planned implementation of
funding increases that have not yet occurred. For any planned implementation of
funding increases that have not yet occurred, the department shall provide an
expected implementation date and the reasons for delayed implementation.
Sec. 232. (1) The department shall provide the approved
spending plan for each line item receiving an appropriation in the current
fiscal year to the senate and house appropriations subcommittees on the
department budget and the senate and house fiscal agencies within 60 days of
approval by the department but not later than January 15 of the current fiscal
year. Compliance with this section is not met unless a line-item appropriation
name is included in all places that a line-item appropriation number is listed.
The spending plan shall include the following information regarding planned
expenditures for each category: allocation in the previous period, change in
the allocation, and new allocation. The spending plan shall include the
following information regarding each revenue source for the line item: category
of the fund source indicated by general fund/general purpose, state restricted,
local, private or federal. Figures included in the approved spending plan shall
not be assumed to constitute the actual final expenditures, as line items may
be updated on an as-needed basis to reflect changes in projected expenditures
and projected revenue. The department shall supplement the spending plan
information by providing a list of all active contracts and grants in the
department’s contract system. For amounts listed in the other contracts
category of each spending plan, the department shall provide a list of all
contracts and grants and amounts for the current fiscal year, and include the
name of the line item and the name of the fund source related to each contract
or grant and amount. For amounts listed in the all other costs category of each
spending plan, the department shall provide a list detailing planned
expenditures and amounts for the current fiscal year, and include the name of
the line item and the name of the fund source related to each amount and
expenditure.
(2) Notwithstanding any other appropriation authority granted
in part 1, the department shall not appropriate any additional general
fund/general purpose funds or any related federal and state restricted funds
without providing a written 30-day notice to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the senate and house policy offices.
Sec. 233. If the state administrative board, acting under
section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated
under this article, the legislature may, by a concurrent resolution adopted by
a majority of the members elected to and serving in each house, inter-transfer
funds within this article for the particular department, board, commission,
officer, or institution.
Sec. 234. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for short-term and
long-term retention of records shall be followed. The department may
electronically retain copies of reports unless otherwise required by federal
and state guidelines.
Sec. 235. Any coronavirus relief funds appropriated in part 1
for which expenditures have not been incurred as of December 30, 2020 are
unappropriated and immediately reappropriated for deposit into the unemployment
compensation fund established under section 26 of the Michigan employment
security act, 1936 (Ex Sess) PA 1, MCL 421.26, to support costs incurred from
March 1, 2020 through December 30, 2020 due to the COVID-19 public health
emergency.
Sec. 240. Appropriations in part 1 shall, to the extent
possible by the department, not be expended in cases where existing work
project authorization is available for the same expenditures.
Sec. 251. On a monthly basis, the department shall report to
the senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office on any line-item
appropriation for which the department estimates total annual expenditures
would exceed the funds appropriated for that line-item appropriation by 5% or
more. The department shall provide a detailed explanation for any relevant
line-item appropriation exceedance and shall identify the corrective actions
undertaken to mitigate line-item appropriation expenditures from exceeding the
funds appropriated for that line-item appropriation by a greater amount. This
section does not apply for line-item appropriations that are part of the May
revenue estimating conference caseload and expenditure estimates.
Sec. 252. The appropriations in part 1 for Healthy Michigan
plan - behavioral health, Healthy Michigan plan administration, and Healthy
Michigan plan are contingent on the provisions of the social welfare act, 1939
PA 280, MCL 400.1 to 400.119b, that were contained in 2013 PA 107 not being
amended, repealed, or otherwise altered to eliminate the Healthy Michigan plan.
If that occurs, then, upon the effective date of the amendatory act that
amends, repeals, or otherwise alters those provisions, the remaining funds in
the Healthy Michigan plan - behavioral health, Healthy Michigan plan
administration, and Healthy Michigan plan line items shall only be used to pay
previously incurred costs and any remaining appropriations shall not be
allotted to support those line items.
Sec. 253. (1) From the funds appropriated in part 1 for any
information technology system or project, the department shall implement an
agile software development plan that is funded with a time and materials
contract.
(2) The state shall be the owner of software described in
subsection (1) or it shall be committed to the public domain.
(3) The
department shall choose a product owner that will implement a user-centered
design that includes user stories into the development of any information
technology system. The product owner must be an employee of the department who
has specific work experience relevant to the information technology system or
project.
(4) At the
commencement of the project, the department shall report to the house and
senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, and the state budget office on the individual who has
been chosen as the product owner.
(5) For any
expenditures associated with the development of systems or projects subject to
subsections (1), (2), (3), and (4), the department shall provide updates as
requested by the chairs of the house and senate appropriations committees or
the chairs of the house and senate appropriations subcommittees on the
department budget. Information updates provided by the department, upon
request, shall also be accessible to the house and senate fiscal agencies, the
house and senate policy offices, and the state budget office on the status of
the work completed to date. The updates shall include demonstrations of the
completed work during the sprint period. During these demonstrations, the
department shall provide a quality assessment surveillance plan as shown in appendix
B of “De-risking custom technology projects” from the United States General
Services Administration. At each demonstration, the department shall validate
which user stories have been included into the software development and the
remaining user stories that will be included into the product.
(6) As used in
this section:
(a) “Agile
software development” means the use of development methodologies using
iterative development with work completed by cross-functional teams of software
development.
(b) “Product
owner” means a department employee who iteratively prioritizes and defines the
work for the product team, works with users, stakeholders, technologists, and
the software vendor to envision the direction for the product, and ensures that
value is being delivered to end users as quickly as possible.
(c) “User
centered design” means software development that places the highest priority on
the needs of the specific people who are expected to use the software.
(d) “User
stories” means a task that the agile software development team will focus on
over a given 2-week development period and includes clearly labeled progress
towards meeting the needs of the end users.
Sec. 256. The
department may, in consultation with the Michigan department of education, the
Michigan domestic and sexual violence prevention and treatment board, and the
Michigan Coalition to End Domestic and Sexual Violence, redraft the curriculum
for the “Growing Up & Staying Healthy” and “Healthy & Responsible
Relationships” modules to include age-appropriate information about the
importance of consent, setting and respecting personal boundaries, and the
prevention of child sexual abuse as outlined in MCL 380.1505 and consistent with
the recommendations and guidelines set by the task force on the prevention of
sexual abuse of children created under section 12b of the child protection law,
1975 PA 238, MCL 722.632b, and the prevention of sexual assault and dating
violence.
Sec. 258. In
collaboration with the department of education, 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) The
utilization of trauma-informed practices.
(b)
Age-appropriate education and information on human trafficking.
(c)
Age-appropriate education and information on sexual abuse prevention.
Sec. 263. (1)
Except as otherwise provided in this subsection, before submission of a waiver,
a state plan amendment, or a similar proposal to CMS or other federal agency,
the department shall provide written notification of the planned submission to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies and policy offices, and the state budget
office. This subsection does not apply to the submission of a waiver, a state
plan amendment, or similar proposal that does not propose a material change or
is outside of the ordinary course of waiver, state plan amendment, or similar
proposed submissions.
(2) The
department shall provide written reports on a semiannual basis to the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the state budget office summarizing the status of
any new or ongoing discussions with CMS or the United States Department of
Health and Human Services or other federal agency regarding potential or future
waiver applications as well as the status of submitted waivers that have not
yet received federal approval. If, at the time a semiannual report is due,
there are no reportable items, then no report is required to be provided.
Sec. 264. The
department shall not take disciplinary action against an employee of the
department or departmental agency in the state classified civil service because
the employee communicates with a member of the legislature or his or her 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. 270. The department shall advise the legislature of the
receipt of a notification from the attorney general’s office of a legal action
in which expenses had been recovered according to section 106(6) of the social
welfare act, 1939 PA 280,
(a) The total amount recovered from the legal action.
(b) The program or service for which the money was originally
expended.
(c) Details on the disposition of the funds recovered such as
the appropriation or revenue account in which the money was deposited.
(d) A description of the facts involved in the legal action.
Sec. 274. (1) The department, in collaboration with the state
budget office, shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the house and senate policy offices 1 week after the day the governor
submits to the legislature the budget for the ensuing fiscal year a report on
spending and revenue projections for each of the capped federal funds listed
below. The report shall contain actual spending and revenue in the previous
fiscal year, spending and revenue projections for the current fiscal year as enacted,
and spending and revenue projections within the executive budget proposal for
the fiscal year beginning October 1, 2021 for each individual line item for the
department budget. The report shall also include federal funds transferred to
other departments. The capped federal funds shall include, but not be limited
to, all of the following:
(a) TANF.
(b) Title XX social services block grant.
(c) Title IV-B part I child welfare services block grant.
(d) Title IV-B part II promoting safe and stable families
funds.
(e) Low-income home energy assistance program.
(2) It is the intent of the legislature that the department,
in collaboration with the state budget office, not utilize capped federal
funding for economics adjustments for FTEs or other economics costs that are
included as part of the budget submitted to the legislature by the governor for
the ensuing fiscal year, unless there is a reasonable expectation for increased
federal funding to be available to the department from that capped revenue
source in the ensuing fiscal year.
(3) By February 15 of the current fiscal year, the department
shall prepare an annual report of its efforts to identify TANF maintenance of
effort sources and rationale for any increases or decreases from all of the
following, but not limited to:
(a) Other departments.
(b) Local units of government.
(c) Private sources.
Sec. 275. (1) On a quarterly basis, the department, with the
approval of the state budget director, is authorized to realign sources between
other federal, TANF, and capped federal financing authorizations in order to
maximize federal revenues. This realignment of financing shall not produce a
gross increase or decrease in the department’s total individual line item
authorizations, nor will it produce a net increase or decrease in total federal
revenues, or a net increase in TANF authorization.
(2) On a quarterly basis the department shall report to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the house and senate policy offices on
the realignment of federal fund sources transacted to date in the current
fiscal year under the authority of subsection (1), including the dates, line
items, and amounts of the transactions.
(3) Within 30 days after the date on which year-end book
closing is completed, the department shall submit to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the house and senate policy offices a report on the realignment
of federal fund sources that took place as part of the year-end closing process
for the previous fiscal year.
Sec. 280. By March 1 of the current fiscal year, the
department shall provide a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget director that
provides all of the following for each line item in part 1 containing
personnel-related costs, including the specific individual amounts for salaries
and wages, payroll taxes, and fringe benefits:
(a) FTE authorization.
(b) Spending authorization for personnel-related costs, by
fund source, under the spending plan.
(c) Actual year-to-date expenditures for personnel-related
costs, by fund source, through the end of the prior month.
(d) The
projected year-end balance or shortfall for personnel-related costs, by fund
source, based on actual monthly spending levels through the end of the prior
month.
(e) A specific
plan for addressing any projected shortfall for personnel-related costs at
either the gross or fund source level.
Sec. 281. (1)
No later than November 1 of the current fiscal year, the department shall do
all of the following:
(a) Certify in
writing to the senate and house appropriations committees that the department
has received certification from Great Lakes Community Engagement that Great
Lakes Community Engagement has destroyed all copies of data received or
collected under the Data Use and Non-Disclosure Agreement Concerning Protected
Health Information or Other Confidential Information between the department and
Great Lakes Community Engagement, dated on or about April 14, 2020.
(b) Provide a
copy to the senate and house appropriations committees of the affidavit of
destruction from Great Lakes Community Engagement pursuant to the agreement
described in subdivision (a), or, if the department has not received an
affidavit of destruction from Great Lakes Community Engagement, certify in
writing to the senate and house appropriations committees that the department
has not received such affidavit of destruction from Great Lakes Community
Engagement.
(c) Certify in
writing to the senate and house appropriations committees that no patient
identifiable data or personally identifiable information for the purposes of
contact tracing was sent to Great Lakes Community Engagement, Michigan Public
Health Institute; or EveryAction VAN.
(2) The
appropriations in section 102 in part 1 are contingent on compliance with the
requirements described in subsection (1).
Sec. 288. (1)
Beginning October 1 of the current fiscal year, no less than 90% of a new
department contract supported solely from state restricted funds or general
fund/general purpose funds and designated in this part or part 1 for a specific
entity for the purpose of providing services to individuals shall be expended
for such services after the first year of the contract.
(2) The
department may allow a contract to exceed the limitation on administrative and services
costs if it can be demonstrated that an exception should be made to the
provision in subsection (1).
(3) By
September 30 of the current fiscal year, the department shall report to the
house and senate appropriations subcommittees on the department budget, house
and senate fiscal agencies, and state budget office on the rationale for all
exceptions made to the provision in subsection (1) and the number of contracts
terminated due to violations of subsection (1).
Sec. 289. By
March 1 of the current fiscal year, the department shall provide to the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the senate and house policy offices an annual report
on the supervisor-to-staff ratio by department divisions and subdivisions.
Sec. 290. Any
public advertisement for public assistance shall also inform the public of the
welfare fraud hotline operated by the department.
Sec. 295. (1) From the funds appropriated in part 1 to
agencies providing physical and behavioral health services to multicultural
populations, the department shall award grants in accordance with the
requirements of subsection (2). The state is not liable for any spending above
the contract amount. Funds shall not be released until reporting requirements
under section 295 of 2019 PA 67 are satisfied.
(2) The department shall require each contractor described in subsection
(1) that receives greater than $1,000,000.00 in state grant funding to comply
with performance-related metrics to maintain their eligibility for funding. The
organizational metrics shall include, but not be limited to, all of the
following:
(a) Each contractor or subcontractor shall have accreditations that
attest to their competency and effectiveness as behavioral health and social
service agencies.
(b) Each contractor or subcontractor shall have a mission that is
consistent with the purpose of the multicultural agency.
(c) Each contractor shall validate that any subcontractors utilized
within these appropriations share the same mission as the lead agency receiving
funding.
(d) Each contractor or subcontractor shall demonstrate
cost-effectiveness.
(e) Each contractor or subcontractor shall ensure their ability to
leverage private dollars to strengthen and maximize service provision.
(f) Each contractor or subcontractor shall provide timely and accurate
reports regarding the number of clients served, units of service provision, and
ability to meet their stated goals.
(3) The department shall require an annual report from the contractors
described in subsection (2). The annual report, due 60 days following the end
of the contract period, shall include specific information on services and
programs provided, the client base to which the services and programs were
provided, information on any wraparound services provided, and the expenditures
for those services. The department shall provide the annual reports to the
senate and house appropriations subcommittees on health and human services, the
senate and house fiscal agencies, and the state budget office.
Sec. 296. From
the funds appropriated in part 1, the department to the extent permissible
under MCL 691.1408 is responsible for the necessary and reasonable attorney
fees and costs incurred by private and independent legal counsel chosen by
current and former classified and unclassified department employees in the
defense of the employees in any state or federal lawsuit or investigation
related to the water system in a city or community in which a declaration of
emergency was issued because of drinking water contamination.
Sec. 297. (1)
On a quarterly basis, the department shall report to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
the department budget, and the senate and house fiscal agencies the following
information:
(a) The number
of FTEs in pay status by type of staff and civil service classification.
(b) A
comparison by line item of the number of FTEs authorized from funds
appropriated in part 1 to the actual number of FTEs employed by the department
at the end of the reporting period.
(2) By April 1
of the current fiscal year and semiannually thereafter, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) Number of
employees that were engaged in remote work in 2020.
(b) Number of
employees authorized to work remotely and the actual number of those working
remotely in the current reporting period.
(c) Estimated
net cost savings achieved by remote work.
(d) Reduced
use of office space associated with remote work.
Sec. 299. (1)
No state department or agency shall issue a request for proposal (RFP) for a
contract in excess of $5,000,000.00, unless the department or agency has first
considered issuing a request for information (RFI) or a request for
qualification (RFQ) relative to that contract to better enable the department
or agency to learn more about the market for the products or services that are
the subject of the RFP. The department or agency shall notify the department of
technology, management, and budget of the evaluation process used to determine
if an RFI or RFQ was not necessary prior to issuing the RFP.
(2) From funds
appropriated in part 1, for all RFPs issued during the current fiscal year
where an existing service received proposals by multiple vendors, the
department shall notify all vendors within 30 days of the RFP decision. The notification
to vendors shall include details on the RFP process, including the respective
RFP scores and the respective cost for each vendor. If the highest scored RFP
or lowest cost RFP does not receive the contract for an existing service
offered by the department, the notification shall issue an explanation for the
reasons that the highest scored RFP or lowest cost RFP did not receive the
contract and detail the incremental cost target amount or service level
required that was required to migrate the service to a new vendor.
Additionally, the department shall include in the notification details as to
why a cost or service difference is justifiable if the highest scored or lowest
cost vendor does not receive the contract.
(3) The department
shall submit to the senate 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 by September 30 of the current
fiscal year, a report that includes the following:
(a) A summary
of all RFPs issued for a contract in excess of $5,000,000.00 including whether
an RFI or RFQ was considered, and whether an RFI or RFQ was issued before
issuing the RFP or whether the issuance of an RFI or RFQ was determined not to
be necessary.
(b) A summary
of all RFPs during the current fiscal year if an existing service received
proposals by multiple vendors.
(c) A list of
all finalized RFPs if there was a divergence from awarding the contract to the
lowest-cost or highest-scoring vendor, and details as to why a divergence is
justifiable as provided in the notification to vendors under subsection (2).
(d) The cost
or service threshold required by department policy that must be satisfied in
order for an existing contract to be received by a new vendor.
DEPARTMENTAL ADMINISTRATION AND
SUPPORT
Sec. 307. (1)
From the funds appropriated in part 1 for demonstration projects, $950,000.00
shall be distributed as provided in subsection (2). The amount distributed
under this subsection shall not exceed 50% of the total operating expenses of
the program described in subsection (2), with the remaining 50% paid by local
United Way organizations and other nonprofit organizations and foundations.
(2) Funds
distributed under subsection (1) shall be distributed to Michigan 2-1-1, a
nonprofit corporation organized under the laws of this state that is exempt
from federal income tax under section 501(c)(3) of the internal revenue code of
1986, 26
(3) Michigan
2-1-1 shall refer to the department any calls received reporting fraud, waste,
or abuse of state-administered public assistance.
(4) Michigan
Sec. 309. By
April 1 of the current fiscal year the department, in consultation with
stakeholders, shall design a demonstration project to implement web-based intensive
information therapy within the Medicaid managed care program. The purpose of
this demonstration project shall be to connect health care providers,
beneficiaries, and Medicaid health plans for the purpose of addressing
deficiencies in health literacy and its potential impact on a beneficiary’s
health disparities, care compliance, health outcomes per capita expenditures,
and per capita utilization.
Sec. 316. From
the funds appropriated in part 1 for terminal leave payments, the department
shall not spend in excess of its annual gross appropriation unless it
identifies and requests a legislative transfer from another budgetary line item
supporting administrative costs, as provided by section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
CHILD SUPPORT ENFORCEMENT
Sec. 401. (1)
The appropriations in part 1 assume a total federal child support incentive
payment of $26,000,000.00.
(2) From the
federal money received for child support incentive payments, $11,500,000.00
shall be retained by the state and expended for child support program expenses.
(3) From the
federal money received for child support incentive payments, $14,500,000.00
shall be paid to the counties based on each county’s performance level for each
of the federal performance measures as established in 45
(4) If the
child support incentive payment to the state from the federal government is
greater than $26,000,000.00, then 100% of the excess shall be retained by the
state and is appropriated until the total retained by the state reaches
$15,397,400.00.
(5) If the
child support incentive payment to the state from the federal government is
greater than the amount needed to satisfy the provisions identified in
subsections (1), (2), (3), and (4), the additional funds shall be subject to
appropriation by the legislature.
(6) If the
child support incentive payment to the state from the federal government is
less than $26,000,000.00, then the state and county share shall each be reduced
by 50% of the shortfall.
Sec. 409. (1)
If statewide retained child support collections exceed $38,300,000.00, 75% of
the amount in excess of $38,300,000.00 is appropriated to legal support
contracts. This excess appropriation may be distributed to eligible counties to
supplement and not supplant county title IV-D funding.
(2) Each
county whose retained child support collections in the current fiscal year
exceed its fiscal year 2004-2005 retained child support collections, excluding
tax offset and financial institution data match collections in both the current
fiscal year and fiscal year 2004-2005, shall receive its proportional share of
the 75% excess.
Sec. 410. (1)
If title IV-D-related child support collections are escheated, the state budget
director is authorized to adjust the sources of financing for the funds
appropriated in part 1 for legal support contracts to reduce federal
authorization by 66% of the escheated amount and increase general fund/general
purpose authorization by the same amount. This budget adjustment is required to
offset the loss of federal revenue due to the escheated amount being counted as
title IV-D program income in accordance with federal regulations at 45
(2) The department shall notify the chairs of the house and senate
appropriations subcommittees on the department budget and the house and senate
fiscal agencies within 15 days of the authorization adjustment in subsection
(1).
COMMUNITY SERVICES AND OUTREACH
Sec. 450. (1) From the funds appropriated in part 1 for school success
partnership program, the department shall allocate $525,000.00 of TANF revenue
by December 1 of the current fiscal year to support the Northeast Michigan
Community Service Agency programming. The department shall require the
following performance objectives be measured and reported for the duration of
the state funding for the school success partnership program:
(a) Increasing school attendance and decreasing chronic absenteeism.
(b) Increasing academic performance
based on grades with emphasis on math and reading.
(c) Identifying barriers to
attendance and success and connecting families with resources to reduce these
barriers.
(d) Increasing parent involvement
with the parent’s child’s school and community.
(2) By July 15 of the current fiscal year, the Northeast Michigan
Community Service Agency shall provide reports to the department on the number
of children and families served and the services that were provided to families
to meet the performance objectives identified in this section. The department
shall distribute the reports within 1 week after receipt to the senate 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. 452. From
the funds appropriated in part 1 for crime victim justice assistance grants,
the department shall continue to support forensic nurse examiner programs to
facilitate training for improved evidence collection for the prosecution of
sexual assault. The funds shall be used for program coordination and training.
Sec. 453. (1)
From the funds appropriated in part 1 for homeless programs, the department
shall maintain emergency shelter program per diem rates at $18.00 per bed night
to support efforts of shelter providers to move homeless individuals and
households into permanent housing as quickly as possible. Expected outcomes are
increased shelter discharges to stable housing destinations, decreased
recidivism rates for shelter clients, and a reduction in the average length of
stay in emergency shelters.
(2) By March 1
of the current fiscal year, the department shall submit to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office a report on the total amount expended for the program in the previous
year, as well as the total number of shelter nights provided and the average
length of stay in an emergency shelter.
Sec. 454. The
department shall allocate the full amount of funds appropriated in part 1 for
homeless programs to provide services for homeless individuals and families,
including, but not limited to, third-party contracts for emergency shelter
services.
Sec. 455. As a
condition of receipt of federal TANF revenue, homeless shelters and human
services agencies shall collaborate with the department to obtain necessary
TANF eligibility information on families as soon as possible after admitting a
family to the homeless shelter. From the funds appropriated in part 1 for
homeless programs, the department is authorized to make allocations of TANF
revenue only to the homeless shelters and human services agencies that report
necessary data to the department for the purpose of meeting TANF eligibility
reporting requirements. Homeless shelters or human services agencies that do
not report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements will not receive reimbursements that exceed
the per diem amount they received in fiscal year 2000. The use of TANF revenue
under this section is not an ongoing commitment of funding.
Sec. 456. From
the funds appropriated in part 1 for homeless programs, the department shall
allocate $90,000.00 to reimburse public service agencies that provide documentation
of paying birth certificate fees on behalf of category 1 homeless clients at
county clerk’s offices. Public service agencies shall be reimbursed for the
cost of the birth certificate fees quarterly until this allocation is fully spent.
Sec. 457. (1)
From the funds appropriated in part 1 for the uniform statewide sexual assault
evidence kit tracking system, in accordance with the final report of the
Michigan sexual assault evidence kit tracking and reporting commission,
$800,000.00 is allocated from the sexual assault evidence tracking fund to
contract for the administration of a uniform statewide sexual assault evidence
kit tracking system. The system shall include the following:
(a) A uniform
statewide system to track the submission and status of sexual assault evidence
kits.
(b) A uniform
statewide system to audit untested kits that were collected on or before March
1, 2015 and were released by victims to law enforcement.
(c) Secure
electronic access for victims.
(d) The
ability to accommodate concurrent data entry with kit collection through
various mechanisms, including web entry through computer or smartphone, and
through scanning devices.
(2) By March
30 of the current fiscal year, the department shall submit to the senate 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 a status report on the administration of the uniform statewide sexual
assault evidence kit tracking system, including operational status and any
known issues regarding implementation.
(3) The sexual
assault evidence tracking fund established in section 1451 of 2017 PA 158 shall
continue to be maintained in the department of treasury. Money in the sexual
assault evidence tracking fund at the close of a fiscal year shall remain in
the sexual assault evidence tracking fund and shall not revert to the general
fund and shall be appropriated as provided by law for the development and
implementation of a uniform statewide sexual assault evidence kit tracking
system as described in subsection (1).
(4) By
September 30 of the current fiscal year, the department shall submit to the
senate 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 a report on the findings of the annual audit of the proper
submission of sexual assault evidence kits as required by the sexual assault
kit evidence submission act, 2014 PA 227, MCL 752.931 to 752.935. The report
must include, but is not limited to, a detailed county-by-county compilation of
the number of sexual assault evidence kits that were properly submitted and the
number that met or did not meet deadlines established in the sexual assault kit
evidence submission act, 2014 PA 227, MCL 752.931 to 752.935, the number of
sexual assault evidence kits retrieved by law enforcement after analysis, and
the physical location of all released sexual assault evidence kits collected by
health care providers in that year, as of the date of the annual draft report
for each reporting agency.
Sec. 458. From
the funds appropriated in part 1 for crime victim rights services grants, the
department shall allocate $2,000,000.00 of crime victim’s rights fund to
maintain increased grant funding to support the further use of crime victim
advocates in the criminal justice system. The purpose of the additional funding
is to increase available grant funding for crime victim advocates to ensure
that the advocates have the resources, training, and funding needed to respond
to the physical and emotional needs of crime victims and to provide victims
with the necessary services, information, and assistance in order to help them
understand and participate in the criminal justice system and experience a
measure of safety and security throughout the legal process.
Sec. 459. From
the funds appropriated in part 1 for child advocacy centers, the department
shall allocate $1,000,000.00 to provide additional funding to child advocacy
centers to support the general operations of child advocacy centers. The
purpose of this additional funding is to increase the amount of services
provided to children and their families who are victims of abuse over the amount
provided in the previous fiscal year. None of the additional funding directed
in this section shall be used for purposes other than those described under
section 4 of the children’s advocacy center act, 2008 PA 544, MCL 722.1044.
Sec. 461. (1)
From the funds appropriated in part 1 for runaway and homeless youth grants,
the department shall maintain the recent $500,000.00 state general fund/general
purpose revenue increase to funding to support the runaway and homeless youth
services program. The purpose of the additional funding is to support current
programs for contracted providers that provide emergency shelter and services
to homeless and runaway youth.
(2) From the funds appropriated in part 1 for runaway and
homeless youth grants, the department
shall allocate $400,000.00 to support runaway and homeless youth services
programs. The purpose of the additional funding is to support current programs
for contracted providers that provide emergency shelter and services to
homeless and runaway youth.
(3) By March 1
of the current fiscal year, the department shall submit to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office a report on the total amount expended for runaway and homeless youth
services programs in the previous year, as well as the total number of shelter
nights for youth provided.
Sec. 462. (1)
If funding becomes available from the funds appropriated in part 1 for crime victim
justice assistance grants, the department shall allocate $4,000,000.00 to
implement 4 trauma recovery center program pilot projects. The pilot projects
shall utilize the evidence-informed integrated trauma recovery services model
developed by the University of California - San Francisco for service provision
and shall be located in a city with a population between 52,300 and 55,000
according to the most recent federal decennial census, in a city with a
population between 100,000 and 105,000 according to the most recent federal
decennial census, in a city with a population between 150,000 and 200,000
according to the most recent federal decennial census, and in a city with a
population greater than 500,000 according to the most recent federal decennial
census.
(2) It is the
intent of the legislature that each pilot project shall be designed to last at
least 3 years.
(3) If funding
becomes available, by March 1 of the current fiscal year, the department shall
report to the senate and house subcommittees on the department budget, the
senate and house fiscal agencies, the senate and house policy offices, and the
state budget office on all of the following:
(a) The number
of participants by pilot project site.
(b) The number
of participants by crime type, broken down by pilot project site.
(c) The number
of direct service providers by pilot project site.
(d) The number
of direct services provided, broken down by type of service and by pilot
project site.
(e) The
administrative costs by pilot project site.
(f) The
average length of service provision by pilot project site.
(g) The
average length of service provision, broken down by type of service and by
pilot project site.
(h) The
average cost per participant by pilot project site.
CHILDREN’S SERVICES AGENCY - CHILD
WELFARE
Sec. 501. (1)
A goal is established that not more than 25% of all children in foster care at
any given time during the current fiscal year, if in the best interest of the
child, will have been in foster care for 24 months or more.
(2) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office a report describing the steps that
will be taken to achieve the specific goal established in this section and on
the percentage of children who currently are in foster care and who have been
in foster care a total of 24 or more months.
Sec. 502. From the funds appropriated in part 1 for foster
care, the department shall provide 50% reimbursement to Indian tribal
governments for foster care expenditures for children who are under the
jurisdiction of Indian tribal courts and who are not otherwise eligible for
federal foster care cost sharing.
Sec. 503. (1) In accordance with the final report of the
Michigan child welfare performance-based funding task force issued in response
to section 503 of article X of 2013 PA 59, the department shall continue to review,
update, or develop actuarially sound case rates for necessary child welfare
foster care case management services that achieve permanency by the department
and private child placing agencies in a prospective payment system under a
performance-based funding model.
(2) From the funds appropriated in part 1, by March 1 of the
current fiscal year, the department shall allocate $250,000.00 to provide to
the senate and house appropriations committees on the department budget, the
senate and house fiscal agencies and policy offices, and the state budget
office a report on a full cost analysis to provide annual actuarially sound
rates for foster care child placing agency administrative rates and child
caring institution residential rates. The report shall include, but not be
limited to, all rate factors necessary for consideration and shall give
estimates on the cost to implement actuarially sound rates based on actual
child welfare data.
(3) In accordance with the final report of the Michigan child
welfare performance-based funding task force issued in response to section 503
of article X of 2013 PA 59, the department shall continue an independent,
third-party evaluation of the performance-based funding model.
(4) The department shall only implement the performance-based
funding model into additional counties where the department, private child
welfare agencies, the county, and the court operating within that county have
signed a memorandum of understanding that incorporates the intentions of the
concerned parties in order to implement the performance-based funding model.
(5) The department, in conjunction with members from both the
house of representatives and senate, private child placing agencies, the
courts, and counties shall continue to implement the recommendations that are
described in the workgroup report that was provided in section 503 of article X
of 2013 PA 59 to establish a performance-based funding for public and private
child welfare services providers. The department shall provide quarterly
reports on the status of the performance-based contracting model to the senate
and house appropriations subcommittees on the department budget, the senate and
house standing committees on families and human services, and the senate and
house fiscal agencies and policy offices.
(6) From the funds appropriated in part 1 for the
performance-based funding model pilot, the department shall continue to work
with the West Michigan Partnership for Children Consortium on the
implementation of the performance-based funding model pilot. The consortium
shall accept and comprehensively assess referred youth, assign cases to members
of its continuum or leverage services from other entities, and make appropriate
case management decisions during the duration of a case. The consortium shall
operate an integrated continuum of care structure, with services provided by
both private and public agencies, based on individual case needs. The
consortium shall demonstrate significant organizational capacity and
competencies, including experience with managing risk-based contracts,
financial strength, experienced staff and leadership, and appropriate
governance structure.
Sec. 504. (1) From the funds appropriated in part 1, the
department shall continue the master agreement with the West Michigan
Partnership for Children Consortium for the fourth year of the planned 5-year
agreement to pilot a performance-based child welfare contracting pilot program.
The consortium shall consist of a network of affiliated child welfare service
providers that will accept and comprehensively assess referred youth, assign
cases to members of its continuum or leverage services from other entities, and
make appropriate case management decisions during the duration of a case.
(2) As a condition for receiving the funding in part 1, the
West Michigan Partnership of Children Consortium shall maintain a revised
contract agreement with the department that supports the transition to a global
capitated payment model. The capitated payment amount shall be based on
historical averages of the number of children served in Kent County and for the
costs per foster care case. The West Michigan Partnership for Children
Consortium is required to manage the cost of the child population it serves.
The capitated payment amount shall be reviewed and adjusted no less than twice
during the current fiscal year or due to any policy changes implemented by the
department that result in a volume of placements that differ in a statistically
significant manner from the amount allocated in the annual contract between the
department and the West Michigan Partnership for Children as determined by an
independent actuary as well as to account for changes in case volumes and any
statewide rate increases that are implemented. The contract agreement requires
that the West Michigan Partnership for Children Consortium shall maintain the
following stipulations and conditions:
(a) That the service component of the capitated payment will
be calculated assuming rates paid to providers under the pilot program are generally
consistent with the department’s payment policies for providers throughout the
rest of this state.
(b) To maintain a risk reserve of at least $1,500,000.00 to
ensure it can meet unanticipated expenses within a given fiscal year.
(c) That until the risk reserve is established, the West
Michigan Partnership for Children Consortium shall submit to the department a
plan for how they will manage expenses to fit within their capitated payment
revenue. The department shall review and approve any new investments in
provider payments above statewide rates and norms to ensure they are supported
by offsetting savings so that costs remain within available revenue.
(d) To cooperate with the department on an independent fiscal
analysis of costs incurred and revenues received during the course of the pilot
program to date.
(3) By March 1 of the current fiscal year, the consortium
shall provide to the department and the house and senate appropriations
subcommittees on the department budget a report on the consortium, including,
but not limited to, actual expenditures, number of children placed by agencies
in the consortium, fund balance of the consortium, and the outcomes measured.
Sec. 505. By March 1 of the current fiscal year, the
department shall provide to the senate and house appropriations subcommittees
on the department budget, the senate and house fiscal agencies and policy
offices, and the state budget office a report for youth referred or committed
to the department for care or supervision in the previous fiscal year and in
the first quarter of the current fiscal year outlining the number of youth
served by the department within the juvenile justice system, the type of
setting for each youth, performance outcomes, and financial costs or savings.
Sec. 506. From the funds appropriated in part 1 for attorney
general contract, by March 1 of the current fiscal year, the department shall
submit to the senate 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, a report on the juvenile justice system
in any county in which funds appropriated in part 1 are expended. The report
shall include, but not be limited to, the following:
(a) The number of youth referred or committed to the department
for care or supervision in the previous fiscal year and in the first quarter of
the current fiscal year.
(b) The number of youth referred or committed to the care or
supervision of the county in which funds appropriated in part 1 were expended
for the previous fiscal year and the first quarter of the current fiscal year.
(c) The type of setting for each youth referred or committed
for care or supervision, any applicable performance outcomes, and identified
financial costs or savings.
Sec. 507. The department’s ability to satisfy appropriation
deducts in part 1 for foster care private collections shall not be limited to
collections and accruals pertaining to services provided only in the current
fiscal year but may include revenues collected during the current fiscal year
for services provided in prior fiscal years.
Sec. 508. (1) In addition to the amount appropriated in part
1 for children’s trust fund grants, money granted or money received as gifts or
donations to the children’s trust fund created by 1982 PA 249,
(2) For the funds described in subsection (1), the department
shall ensure that administrative delays are avoided and the local grant
recipients and direct service providers receive money in an expeditious manner.
The department and board shall make available the children’s trust fund
contract funds to grantees within 31 days of the start date of the funded
project.
Sec. 509. By October 1 of the current fiscal year, from the
funds appropriated in part 1 for adoption support services, $1,000,000.00 and
any eligible federal matching funds shall be allocated to increase contracted
rates paid to private child placing agencies for adoption placement rates.
Sec. 511. The department shall provide reports on a
semiannual basis to the senate and house appropriations subcommittees on the
department budget, the senate and house standing committees on families and
human services, and the senate and house fiscal agencies and policy offices on
the number and percentage of children who received timely physical and mental
health examinations after entry into foster care. The goal of the program is
that at least 85% of children shall have an initial medical and mental health examination
within 30 days after entry into foster care.
Sec. 512. As required by the settlement, by March 1 of the
current fiscal year, the department shall report to the senate 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 on the following information for cases of child abuse or child neglect
from the previous fiscal year:
(a) The total number of relative care placements.
(b) The total number of relatives with a placement who became
licensed.
(c) A list of the reasons from a sample of cases where
relatives were denied foster home licensure as documented by the department.
Sec. 513. (1) The department shall not expend funds
appropriated in part 1 to pay for the direct placement by the department of a
child in an out-of-state facility unless all of the following conditions are
met:
(a) There is no appropriate placement available in this state
as determined by the department interstate compact office.
(b) An out-of-state placement exists that is nearer to the
child’s home than the closest appropriate in-state placement as determined by
the department interstate compact office.
(c) The out-of-state facility meets all of the licensing
standards of this state for a comparable facility.
(d) The out-of-state facility meets all of the applicable
licensing standards of the state in which it is located.
(e) The department has done an on-site visit to the
out-of-state facility, reviewed the facility records, reviewed licensing records
and reports on the facility, and believes that the facility is an appropriate
placement for the child.
(2) The department shall not expend money for a child placed
in an out-of-state facility without approval of the executive director of the
children’s services agency.
(3) The department shall submit an annual report by March 1
of the current fiscal year to the state court administrative office, the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office on the number of Michigan children residing in out-of-state
facilities in the previous fiscal year and shall include the total cost and
average per diem cost of these out-of-state placements to this state, and a
list of each such placement arranged by the Michigan county of residence for
each child.
Sec. 514. The department shall make a comprehensive report
concerning children’s protective services (
(a) Statistical information including, but not limited to,
all of the following:
(i) The total
number of reports of child abuse or child neglect investigated under the child
protection law, 1975 PA 238,
(ii)
Characteristics of perpetrators of child abuse or child neglect and the child
victims, such as age, relationship, race, and ethnicity and whether the
perpetrator exposed the child victim to drug activity, including the
manufacture of illicit drugs, that exposed the child victim to substance abuse,
a drug house, or methamphetamine.
(iii) The mandatory
reporter category in which the individual who made the report fits, or other
categorization if the individual is not within a group required to report under
the child protection law, 1975 PA 238,
(iv) The number of
cases that resulted in the separation of the child from the parent or guardian
and the period of time of that separation, up to and including termination of
parental rights.
(v) For the
reported complaints of child abuse or child neglect by teachers, school
administrators, and school counselors, the number of cases classified under
category I or category II and the number of cases classified under category
(vi) For the
reported complaints of child abuse or child neglect by teachers, school
administrators, and school counselors, the number of cases that resulted in
separation of the child from the parent or guardian and the period of time of
that separation, up to and including termination of parental rights.
(b) New policies related to children’s protective services
including, but not limited to, major policy changes and court decisions
affecting the children’s protective services system during the immediately
preceding 12-month period. The report shall also include a summary of the
actions undertaken and applicable expenditures to achieve compliance with the
office of the auditor general audit number 431-1285-16.
(c) Statistical information regarding families that were
classified in category III, including, but not limited to, all of the
following:
(i) The total
number of cases classified in category III.
(ii) The number of
cases in category III referred to voluntary community services and closed with
no additional monitoring.
(iii) The number of cases in category III
referred to voluntary community services and monitored for up to 90 days.
(iv) The number of cases in category III
for which the department entered more than 1 determination that there was
evidence of child abuse or child neglect.
(v) The number of cases in category III
that the department reclassified from category III to category II.
(vi) The number of cases in category III
that the department reclassified from category III to category I.
(vii) The number of cases in category III
that the department reclassified from category III to category I that resulted
in a removal.
(d)
Statistical information regarding category III open/close policy including the
number of cases that were open/closed, the number of cases that were opened for
monitoring, and the 12-month recidivism rate for both.
(e) The
department policy, or changes to the department policy, regarding children who
have been exposed to the production or manufacture of methamphetamines.
Sec. 515. If a
child protection services caseworker requests approval for another child
protection services caseworker or other department employee to accompany them
on a home visit because the caseworker believes it would be unsafe to conduct
the home visit alone, the department shall not deny the request.
Sec. 516. From
funds appropriated in part 1 for child care fund, the administrative or
indirect cost payment equal to 10% of a county’s total monthly gross
expenditures shall be distributed to the county on a monthly basis and a county
is not required to submit documentation to the department for any of the
expenditures that are covered under the 10% payment as described in section
117a(4)(b)(ii) and (iv) of the social welfare act, 1939 PA
280, MCL 400.117a.
Sec. 517. The
department shall retain the same title IV-E appeals policy in place as of the
fiscal year ending September 30, 2017.
Sec. 518.
Supervisors must make an initial read of a caseworker’s report on a child abuse
or child neglect investigation and note any corrections required, or approve
the report, within 5 business days. The caseworker must resubmit a report that
needs corrections within 3 business days.
Sec. 519. The
department shall permit any private agency that has an existing contract with
this state to provide foster care services to be also eligible to provide
treatment foster care services.
Sec. 520. (1)
The department shall submit a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office by February 15
of the current fiscal year on the number of days of care and expenditures by
funding source for the previous fiscal year for out-of-home placements by
specific placement programs for child abuse or child neglect and juvenile
justice, including, but not limited to, paid relative placement, department
direct family foster care, private agency supervised foster care, private child
caring institutions, county-supervised facilities, court-supervised facilities,
and independent living. The report shall also include the number of days of
care for department-operated residential juvenile justice facilities by
security classification.
(2) For the
purposes of the report in subsection (1), living arrangements include, but are
not limited to, paid relative placement, department direct family foster care,
private agency supervised foster care, private child caring institutions,
county-supervised facilities, court-supervised facilities, and independent
living.
Sec. 521. (1)
From the funds appropriated in part 1 for child care fund – indirect cost
allotment, the department shall allocate $3,500,000.00 to counties and tribal
governments that receive reimbursements in part 1 from child care fund.
(2) The amount
described in subsection (1) shall be distributed to each county or tribal
government in the same proportion as indirect cost allotments are provided to
counties in the manner described in section 117a of the social welfare act,
1939 PA 280, MCL 400.117a.
Sec. 522. (1)
From the funds appropriated in part 1 for youth in transition, the department
shall allocate $750,000.00 for scholarships through the fostering futures
scholarship program in the Michigan education trust to youths who were in
foster care because of child abuse or child neglect and are attending a college
or a career technical educational institution located in this state. Of the
funds appropriated, 100% shall be used to fund scholarships for the youths
described in this section.
(2) On a
semiannual basis, the department shall provide a report to the senate 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 that includes the number of youths who received scholarships and the
amount of each scholarship, and the total amount of funds spent or encumbered
in the current fiscal year.
Sec. 523. (1) By February 15 of
the current fiscal year, the department shall submit to the senate 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 a report on the families first, family reunification, and families
together building solutions family preservation programs. The report shall
provide population and outcome data based on contractually required follow-up
evaluations for families who received family preservation services and shall include
information for each program on any innovations that may increase child safety
and risk reduction.
(2) From the
funds appropriated in part 1 for youth in transition and domestic violence
prevention and treatment, the department is authorized to make allocations of
TANF revenue only to agencies that report necessary data to the department for
the purpose of meeting TANF eligibility reporting requirements.
(3) By October
1 of the current fiscal year, from the funds appropriated in part 1 for family
preservation services, the department shall allocate $1,750,000.00 and any
eligible federal matching funds to increase rates paid to current family
preservation service providers in the following manner:
(a)
$1,075,000.00 for the families first program.
(b)
$303,900.00 for the family reunification program.
(c)
$370,800.00 for the families together building solutions program.
Sec. 524. As a
condition of receiving funds appropriated in part 1 for strong families/safe
children, counties must submit the service spending plan to the department by
October 1 of the current fiscal year for approval. The department shall approve
the service spending plan within 30 calendar days after receipt of a properly
completed service spending plan.
Sec. 525. The
department shall implement the same on-site evaluation processes for privately
operated child welfare and juvenile justice residential facilities as is used
to evaluate state-operated facilities. Penalties for noncompliance shall be the
same for privately operated child welfare and juvenile justice residential
facilities and state-operated facilities.
Sec. 526. From
the funds appropriated in part 1 for court-appointed special advocates, the
department shall allocate $500,000.00 to fund a project with a nonprofit,
community-based organization organized under the laws of this state that are
exempt from federal income tax under section 501(c)(3) of the internal revenue
code of 1986, 26 USC 501, located in a charter township with a population of
between 16,000 and 17,000 according to the most recent federal decennial census
which charter township is located in a county with a population of between
600,000 and 605,000 according to the most recent federal decennial census. The
nonprofit organization recipient shall have an existing network of affiliate
programs operating in at least 25 counties in this state. The nonprofit
organization shall use the funds to recruit, screen, train, and supervise
volunteers who provide advocacy services on behalf of abused and neglected
children.
Sec. 527. With
the approval of the settlement monitor, for the purposes of calculating
adoption worker caseloads for private child placing agencies, the department
shall exclude the following case types:
(a) Cases in
which there are multiple applicants as that term is defined in section 22(e) of
chapter X of the probate code of 1939, 1939 PA 288, MCL 710.22, also known as a
competing party case, in which the case has a consent motion pending from
Michigan’s children’s institute or the court for more than 30 days.
(b) Cases in
which a birth parent has an order or motion for a rehearing or an appeal as of
right that has been pending for more than 15 days.
Sec. 530. (1)
All master contracts relating to foster care and adoption services as funded by
the appropriations in section 105 of part 1 shall be performance-based
contracts that employ a client-centered results-oriented process that is based
on measurable performance indicators and desired outcomes and includes the
annual assessment of the quality of services provided.
(2) By
February 1 of the current fiscal year, the department shall provide the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies and policy offices, and the state budget office a report
detailing measurable performance indicators, desired outcomes, and an
assessment of the quality of services provided by the department during the
previous fiscal year.
Sec. 531. The
department shall notify the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and the house and
senate policy offices of any changes to a child welfare master contract
template, including the adoption master contract template, the independent
living plus master contract template, the child placing agency foster care
master contract template, and the residential foster care juvenile justice
master contract template, not less than 30 days before the change takes effect.
Sec. 533. The
department shall make payments to child placing facilities for in-home and
out-of-home care services and adoption services within 30 days of receiving all
necessary documentation from those agencies. It is the intent of the
legislature that the burden of ensuring that these payments are made in a
timely manner and no payments are in arrears is upon the department.
Sec. 534. The
department shall submit to the senate 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 by March 1 of the current
fiscal year a report on the adoption subsidies expenditures from the previous
fiscal year. The report shall include, but is not limited to, the range of
annual adoption support subsidy amounts, for both title IV-E eligible cases and
state-funded cases, paid to adoptive families, the number of title IV-E and
state-funded cases, the number of cases in which the adoption support subsidy
request of adoptive parents for assistance was denied by the department, and
the number of adoptive parents who requested a redetermination of adoption
support subsidy.
Sec. 535. (1)
By December 1 of the current fiscal year, the department shall create a process
in which unlicensed relatives are reviewed and approved as meeting the
standards established for state licensing for foster care. For any placements
approved as meeting the standards established for state licensing for foster
care, the department shall seek title IV-E claims for foster care maintenance
payments and foster care administrative payments.
(2) By March 1
of the current fiscal year, the department shall submit to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices a report on the number
of unlicensed relative placements not approved as meeting the standards
established for state licensing and the status of title IV-E claims described
in subsection (1).
Sec. 536. By
March 1 of the current fiscal year, the department shall submit to the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the policy offices a report on
the status of the department’s planned and achieved implementation of the federal
family first prevention services act, Public Law 115-123. The report shall
include, but not be limited to, an estimate of the 5-year spending plan for
administrative and compliance costs, a summary of all historical expenditures
made to date for implementation by line-item appropriation and program type,
information regarding compliance with title IV-E prevention requirements, the
status of statewide compliance with the qualified residential treatment program
requirements, a summary of provider concerns with respect to requirements under
the qualified residential treatment program as that term is defined in section
1 of 1973 PA 116, MCL 722.111, a detailed methodology in determining any
savings realized or estimated from a reduction in congregate care or
residential placements, the department’s conformity with federal model
licensing standards, the department’s plan for tracking and preventing child
maltreatment deaths, and the department’s plan for extending John H. Chaffee
foster care independence programs up to age 23.
Sec. 538. By
October 1 of the current fiscal year, the department shall submit to the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the policy offices a report on the status of the
department’s program improvement plan associated with round 3 of the child and
family services review (CFSR). The report shall also include, but not be
limited to, a specific and detailed plan to provide an update on areas of
substantial nonconformity identified in the CFSR such as the inadequacy of
caseworker training provided by the department, the estimated costs necessary
to reduce travel time for service delivery to rural areas, plans to improve
caseworker engagement to reduce maltreatment in care, and steps undertaken by
the department to emphasize permanency in case planning. Additionally, the
department shall include the status for items currently being implemented and
the description and cost estimate for the implementation for items that will be
implemented in the current fiscal year.
Sec. 540. If a
physician or psychiatrist who is providing services to state or court wards
placed in a residential facility submits a formal request to the department to
change the psychotropic medication of a ward, the department shall, if the ward
is a state ward, make a determination on the proposed change within 7 business
days after the request or, if the ward is a temporary court ward, seek parental
consent within 7 business days after the request. If parental consent is not
provided within 7 business days, the department shall petition the court on the
eighth business day.
Sec. 546. (1)
From the funds appropriated in part 1 for foster care payments and from child
care fund, the department shall pay providers of general foster care,
independent living, and trial reunification services not less than a $46.20
administrative rate.
(2) From the
funds appropriated in part 1, the department shall pay providers of independent
living plus services statewide per diem rates for staff-supported housing and
host-home housing based on proposals submitted in response to a solicitation
for pricing. The independent living plus program provides staff-supported
housing and services for foster youth ages 16 through 19 who, because of their
individual needs and assessments, are not initially appropriate for general
independent living foster care.
(3) If
required by the federal government to meet title IV-E requirements, providers
of foster care services shall submit quarterly reports on expenditures to the
department to identify actual costs of providing foster care services.
(4) From the
funds appropriated in part 1, the department shall maintain rates that are no
less than the rates in place on March 20, 2020 provided to each private
provider of residential services.
Sec. 547. (1)
From the funds appropriated in part 1 for the guardianship assistance program,
the department shall pay a minimum rate that is not less than the approved
age-appropriate payment rates for youth placed in family foster care.
(2) The department shall report quarterly to the state budget
office, the senate and house appropriations subcommittees on the department
budget, the senate and house fiscal agencies, and the senate and house policy
offices on the number of children enrolled in the guardianship assistance and
foster care – children with serious emotional disturbance waiver programs.
Sec. 550. (1) The department shall not offset against
reimbursement payments to counties or seek reimbursement from counties for
charges that were received by the department more than 12 months before the
department seeks to offset against reimbursement. A county shall not request
reimbursement for and reimbursement payments shall not be paid for a charge
that is more than 12 months after the date of service or original status
determination when initially submitted by the county.
(2) All service
providers shall submit a request for payment within 12 months after the date of service. Any request for payment
submitted 12 months or more after
the date of service requires the provider to submit an exception request to the
county or the department for approval or denial.
(3) The county is
not subject to any offset, chargeback, or reimbursement liability for prior
expenditures resulting from an error in foster care fund source determinations.
Sec. 551. The department shall respond to counties within 30
days regarding any request for a clarification requested through the department’s
child care fund management unit electronic mail address.
Sec. 552. Sixty days after a county’s child care fund on-site
review is completed, the department shall provide the results of the review to
the county. The department shall not evaluate the relevancy, quality,
effectiveness, efficiency, or impact of the services provided to youth of the
county’s child care fund programs in the review. Pursuant to state law, the
department shall not release the results of the review to a third-party without
the permission of the county being reviewed.
Sec. 558. From the funds appropriated in part 1 for child
welfare institute, by January 1 of the current fiscal year, the department
shall provide all the necessary training and materials to designated private
child placing agency staff in order for all pre-service training requirements
specified by the settlement to be completed by private child placing agency
staff at agency facilities. It shall be department policy that the designated
private child placing agency staff trained by the department to deliver
training are authorized to deliver pre-service training to any private child
placing agency staff, regardless of agency. This section does not modify or
amend current licensing, certification, or subject matter standards required by
federal law, state law, or the settlement.
Sec. 559. (1)
From the funds appropriated in part 1 for adoption support services, the
department shall allocate $250,000.00 to the Adoptive Family Support Network by
December 1 of the current fiscal year to operate and expand its adoptive parent
mentor program to provide a listening ear, knowledgeable guidance, and
community connections to adoptive parents and children who were adopted in this
state or another state.
(2) The Adoptive Family Support Network shall submit to the
senate 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 by March 1 of the current fiscal year a report on the
program described in subsection (1), including, but not limited to, the number
of cases served and the number of cases in which the program prevented an
out-of-home placement.
Sec. 562. The department shall provide time and travel
reimbursements for foster parents who transport a foster child to parent-child
visitations. As part of the foster care parent contract, the department shall
provide written confirmation to foster parents that states that the foster
parents have the right to request these reimbursements for all parent-child
visitations. The department shall provide these reimbursements within 60 days
of receiving a request for eligible reimbursements from a foster parent.
Sec. 564. (1) The department shall develop a clear policy for
parent-child visitations. The local county offices, caseworkers, and
supervisors shall meet an 85% success rate, after accounting for factors
outside of the caseworkers’ control.
(2) Per the court-ordered number of required meetings between
caseworkers and a parent, the caseworkers shall achieve a success rate of 85%,
after accounting for factors outside of the caseworkers’ control.
(3) By March 1 of the current fiscal year, the department
shall provide to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, the senate and house
policy offices, and the state budget office a report on the following:
(a) The percentage of success rate for parent-child
visitations and court-ordered required meetings between caseworkers referenced
in subsections (1) and (2) for the previous year.
(b) The barriers to achieve the success rates in subsections
(1) and (2) and how this information is tracked.
Sec. 567. The department shall submit to the senate 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 by March 1 of the current fiscal year a report on transfer of medical
passports for children in foster care, including the following:
(a) From the total medical passports transferred, the
percentage that transferred within 2 weeks from the date of placement or return
to the home.
(b) From the total school records, the percentage that
transferred within 2 weeks from the date of placement or return to the home.
(c) The implementation steps that have been taken to improve
the outcomes for the measures in subdivision (a).
Sec. 569. The department shall reimburse private child
placing agencies that complete adoptions at the rate according to the date on
which the petition for adoption and required support documentation was accepted
by the court and not according to the date the court’s order placing for
adoption was entered.
Sec. 573. (1) From the funds appropriated in part 1 for
foster care payments and child care fund, the department shall, if funds become
available, pay providers of foster care services a per diem daily administrative
rate for every case on a caseworker’s caseload for the duration of a case from
referral acceptance to the discharge of wardship.
(2) The department shall complete an actuarial study to
review case rates paid to private child placing agencies every even-numbered
year.
(3) The department shall submit a request to the settlement
monitor to define caseload ratios in the settlement to only include active
cases or to designate a zero case weight for cases that are routed for case
closure but remain open to complete administrative activities.
Sec. 574. (1) From the funds appropriated for foster care
payments, $375,000.00 is allocated to support family incentive grants to
private and community-based foster care service providers to assist with home
improvements or payment for physical exams for applicants needed by foster
families and unlicensed relatives caring for a family member through the child
welfare system to accommodate children in foster care.
(2) By March 1 of the current
fiscal year, the department shall submit to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office a report on
the total amount expended in the previous year for grants to private and
community-based foster care service providers for home improvements or physical
exams as referenced in subsection (1) and the number of grants issued.
Sec. 575. From the funds
appropriated in part 1 for children’s services administration, the department
shall allocate $200,000.00 to provide support and coordinated services to the
kinship caregiver advisory council created in the kinship caregiver advisory
council act.
Sec. 583. By March 1 of the current fiscal year, the department shall
provide to the senate and house appropriations subcommittees on the department
budget, the senate and house standing committees on families and human
services, the senate and house fiscal agencies and policy offices, and the
state budget office a report that includes:
(a) The number and percentage of
foster parents that dropped out of the program in the previous fiscal year and
the reasons the foster parents left the program and how those figures compare
to prior fiscal years.
(b) The number and percentage of
foster parents successfully retained in the previous fiscal year and how those
figures compare to prior fiscal years.
Sec. 585. The department shall make
available at least 1 pre-service training class each month in which new caseworkers
for private foster care and adoption agencies can enroll.
Sec. 588. (1) Concurrently with public release, the
department shall transmit all reports from the court-appointed settlement
monitor, including, but not limited to, the needs assessment and period outcome
reporting, to the state budget office, the senate and house appropriations
subcommittees on the department budget, and the senate and house fiscal
agencies and policy offices, without revision.
(2) By October 1 of the current fiscal
year, the department shall submit to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the policy offices a detailed plan that will terminate and dismiss with
prejudice the settlement by September 30 of the current fiscal year.
Sec. 589. (1) From the funds
appropriated in part 1 for child care fund, the department shall pay 100% of
the administrative rate for all new cases referred to providers of foster care
services.
(2) On a quarterly basis, the
department shall report on the monthly number of all foster care cases
administered by the department and all foster care cases administered by
private providers.
(a) Percent of investigations commenced within 24 hours after receiving a
report.
(b) Percent of central registry reviews performed for required
individuals.
(c) Percent of
face-to-face contacts made within the established timeframe required by the
department.
(d) In
appropriate cases, the percent of sibling placement evaluations completed when
1 or more children remain in the home after a child has been removed.
(e) Percent of
supervisory reviews performed in a timely manner.
(f) Results of a
department survey of child protective services investigators on the number of
investigators who are concerned for his or her own personal safety.
(g) Percent of
investigators using the mobile application or other tool to document
compliance.
(2) By March 1 of
the current fiscal year, the department shall submit an annual report to the
chairs of the house and senate standing oversight committees, the governor’s
task force on child abuse and neglect, the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office on the
findings of each county’s review described in subsection (1).
Sec. 594. From the funds appropriated in part 1 for foster care payments,
the department shall support regional resource teams to provide for the
recruitment, retention, and training of foster and adoptive parents and shall
expand the Michigan youth opportunities initiative to all Michigan counties.
The purpose of this funding is to increase the number of annual inquiries from
prospective foster parents, increase the number of nonrelative foster homes
that achieve licensure each year, increase the annual retention rate of
nonrelative foster homes, reduce the number of older foster youth placed
outside of family settings, and provide older youth with enhanced support in
transitioning to adulthood.
Sec. 595. (1) Due to the exigent circumstances found in the department’s
children’s protective services (CPS) program by the office of the auditor
general (OAG) audit number 431-1285-16, from the funds appropriated in part 1,
the department shall expend the funding for children’s protective services -
caseload staff in order to dedicate resources to CPS investigations. The
department shall hire staff from the funds appropriated in part 1 for children’s
protective services - caseload staff for the department to come into compliance
and sustain measured corrective action as determined by the OAG for OAG audit
number 431‑1285-16.
(2) From the funds appropriated in part 1 for foster care services -
caseload staff, the department shall not expend any funds on hiring foster care
workers or licensing workers and shall not assume any direct supervisory
responsibility of foster care cases unless 1 of the following conditions is
met:
(a) An initial review of the case indicated that the case is not eligible
for title IV-E reimbursement.
(b) The department is already providing direct foster care service to 1
or more siblings of the child ordered into a placement, and a department direct
service provision can provide placement to the entire sibling group.
(c) The court has ordered placement for only some of the children in the
family, requiring the department to monitor the children remaining at home.
(3) From the funds appropriated in part 1 for foster care payments, all
new foster care cases coming into care shall be placed with a private child
placing agency supervision unless any of the conditions in subsection (1)
are met or until the statewide ratio of foster care cases is 55% for private
child placing agency supervision to 45% department case management supervision
respectively.
(4) This section does not require an individual county to meet the case
ratio described in subsection (3).
(5) This section does not modify or amend caseload ratios required under
the settlement.
Sec. 598. Partial child care fund
reimbursements to counties for undisputed charges shall be made within 45
business days after the receipt of the required forms and documentation. The
department shall notify a county within 15 business days after a disputed
reimbursement request. The department shall reimburse for corrected charges
within 45 business days after a properly corrected submission by the county.
PUBLIC ASSISTANCE
Sec. 601.
Whenever a client agrees to the release of his or her name and address to the
local housing authority, the department shall request from the local housing
authority information regarding whether the housing unit for which vendoring
has been requested meets applicable local housing codes. Vendoring shall be
terminated for those units that the local authority indicates in writing do not
meet local housing codes until such time as the local authority indicates in
writing that local housing codes have been met.
Sec. 602. The
department shall conduct a full evaluation of an individual’s assistance needs
if the individual has applied for disability more than 1 time within a 1-year
period.
Sec. 603. For
any change in the income of a recipient of the food assistance program, the
family independence program, or state disability assistance that results in a
benefit decrease, the department must notify the affected recipient of the
decrease in benefits amount no later than 15 work days before the first day of
the month in which the change takes effect.
Sec. 604. (1)
The department shall operate a state disability assistance program. Except as
provided in subsection (3), persons eligible for this program shall include
needy citizens of the United States or aliens exempted from the supplemental
security income citizenship requirement who are at least 18 years of age or
emancipated minors meeting 1 or more of the following requirements:
(a) A
recipient of supplemental security income, social security, or medical
assistance due to disability or 65 years of age or older.
(b) A person
with a physical or mental impairment that meets federal supplemental security
income disability standards, except that the minimum duration of the disability
shall be 90 days. Substance use disorder alone is not defined as a basis for
eligibility.
(c) A resident
of an adult foster care facility, a home for the aged, a county infirmary, or a
substance use disorder treatment center.
(d) A person
receiving 30-day postresidential substance use disorder treatment.
(e) A person
diagnosed as having acquired immunodeficiency syndrome.
(f) A person
receiving special education services through the local intermediate school
district.
(g) A
caretaker of a disabled person who meets the requirements specified in
subdivision (a), (b), (e), or (f).
(2) Applicants
for and recipients of the state disability assistance program shall be
considered needy if they:
(a) Meet the
same asset test as is applied for the family independence program.
(b) Have a
monthly budgetable income that is less than the payment standards.
(3) Except for
a person described in subsection (1)(c) or (d), a person is not disabled for
purposes of this section if his or her drug addiction or alcoholism is a
contributing factor material to the determination of disability. “Material to
the determination of disability” means that, if the person stopped using drugs
or alcohol, his or her remaining physical or mental limitations would not be
disabling. If his or her remaining physical or mental limitations would be
disabling, then the drug addiction or alcoholism is not material to the determination
of disability and the person may receive state disability assistance. Such a
person must actively participate in a substance abuse treatment program, and
the assistance must be paid to a third party or through vendor payments. For
purposes of this section, substance abuse treatment includes receipt of
inpatient or outpatient services or participation in alcoholics anonymous or a
similar program.
Sec. 605. The
level of reimbursement provided to state disability assistance recipients in
licensed adult foster care facilities shall be the same as the prevailing
supplemental security income rate under the personal care category.
Sec. 606.
County department offices shall require each recipient of family independence
program and state disability assistance who has applied with the social
security administration for supplemental security income to sign a contract to
repay any assistance rendered through the family independence program or state
disability assistance program upon receipt of retroactive supplemental security
income benefits.
Sec. 607. (1)
The department’s ability to satisfy appropriation deductions in part 1 for
state disability assistance/supplemental security income recoveries and public
assistance recoupment revenues shall not be limited to recoveries and accruals
pertaining to state disability assistance, or family independence assistance
grant payments provided only in the current fiscal year, but may include
revenues collected during the current year that are prior year related and not a
part of the department’s accrued entries.
(2) The
department may use supplemental security income recoveries to satisfy the
deduct in any line in which the revenues are appropriated, regardless of the
source from which the revenue is recovered.
Sec. 608.
Adult foster care facilities providing domiciliary care or personal care to
residents receiving supplemental security income or homes for the aged serving
residents receiving supplemental security income shall not require those
residents to reimburse the home or facility for care at rates in excess of
those legislatively authorized. To the extent permitted by federal law, adult
foster care facilities and homes for the aged serving residents receiving
supplemental security income shall not be prohibited from accepting third-party
payments in addition to supplemental security income if the payments are not
for food, clothing, shelter, or result in a reduction in the recipient’s
supplemental security income payment.
Sec. 609. The
state supplementation level under the supplemental security income program for
the personal care/adult foster care and home for the aged categories shall not
be reduced during the current fiscal year. The legislature shall be notified
not less than 30 days before any proposed reduction in the state
supplementation level.
Sec. 610. (1)
In developing good cause criteria for the state emergency relief program, the
department shall grant exemptions if the emergency resulted from unexpected
expenses related to maintaining or securing employment.
(2) For
purposes of determining housing affordability eligibility for state emergency
relief, a group is considered to have sufficient income to meet ongoing housing
expenses if their total housing obligation does not exceed 75% of their total
net income.
(3) State
emergency relief payments shall not be made to individuals who have been found
guilty of fraud in regard to obtaining public assistance.
(4) State
emergency relief payments shall not be made available to persons who are
out-of-state residents or illegal immigrants.
(5) State
emergency relief payments for rent assistance shall be distributed directly to
landlords and shall not be added to Michigan bridge cards.
Sec. 611. The
state supplementation level under the supplemental security income program for
the living independently or living in the household of another categories shall
not exceed the minimum state supplementation level as required under federal
law or regulations.
Sec. 613. (1)
The department shall provide reimbursements for the final disposition of
indigent persons. The reimbursements shall include the following:
(a) The
maximum allowable reimbursement for the final disposition is $840.00.
(b) The adult
burial with services allowance is $765.00.
(c) The adult
burial without services allowance is $530.00.
(d) The infant
burial allowance is $210.00.
(2)
Reimbursement for a cremation permit fee of up to $75.00 and for mileage at the
standard rate will be made available for an eligible cremation. The
reimbursements under this section shall take into consideration religious
preferences that prohibit cremation.
Sec. 614. The
department shall report to the senate and house of representatives
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices by January 15 of the
current fiscal year on the number and percentage of state disability assistance
recipients who were determined to be eligible for federal supplemental security
income benefits in the previous fiscal year.
Sec. 615.
Except as required by federal law or regulations, funds appropriated in part 1
shall not be used to provide public assistance to a person who is not a United
States citizen, permanent resident alien, or refugee. This section shall not prohibit
the department from entering into contracts with food banks, emergency shelter
providers, or other human services agencies who may, as a normal part of doing
business, provide food or emergency shelter.
Sec. 616. The
department shall require retailers that participate in the electronic benefits
transfer program to charge no more than $2.50 in fees for cash back as a
condition of participation.
Sec. 618. By
March 1 of the current fiscal year, the department shall report to the senate
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 the quarterly number of supervised individuals who have absconded
from supervision and whom a law enforcement agency, the department of
corrections, or the department is actively seeking according to section 84 of
the corrections code of 1953, 1953 PA 232, MCL 791.284.
Sec. 619. The
department shall not deny title IV-A assistance and food assistance benefits
under 21 USC 862a to any individual who has been convicted of a felony that
included the possession, use, or distribution of a controlled substance, for
which the act that resulted in the conviction occurred after August 22, 1996,
if the individual is not in violation of his or her probation or parole
requirements.
Sec. 620. (1)
The department shall make a determination of Medicaid eligibility not later
than 90 days if disability is an eligibility factor. For all other Medicaid
applicants, including patients of a nursing home, the department shall make a
determination of Medicaid eligibility within 45 days of application.
(2) The
department shall provide quarterly reports to the senate and house appropriations
subcommittees on the department budget, the senate and house standing
committees on families and human services, the senate and house fiscal
agencies, the senate and house policy offices, and the state budget office on
the average Medicaid eligibility standard of promptness for each of the
required standards of promptness under subsection (1) and for medical review
team reviews achieved statewide and at each local office.
Sec. 645. An
individual or family is considered homeless, for purposes of eligibility for
state emergency relief, if living temporarily with others in order to escape
domestic violence. For purposes of this section, domestic violence is defined
and verified in the same manner as in the department’s policies on good cause
for not cooperating with child support and paternity requirements.
Sec. 653. From
the funds appropriated in part 1 for food assistance program benefits, an
individual who is the victim of domestic violence and does not qualify for any
other exemption may be exempt from the 3-month in 36-month limit on receiving
food assistance under 7
Sec. 654. The
department shall notify recipients of food assistance program benefits that
their benefits can be spent with their bridge cards at many farmers’ markets in
the state. The department shall also notify recipients about the Double Up Food
Bucks program that is administered by the Fair Food Network. Recipients shall
receive information about the Double Up Food Bucks program, including
information that when the recipient spends $20.00 at participating farmers’
markets through the program, the recipient can receive an additional $20.00 to
buy Michigan produce.
Sec. 655.
Within 14 days after the spending plan for low-income home energy assistance
program is approved by the state budget office, the department shall provide
the spending plan, including itemized projected expenditures, to the
chairpersons of the senate 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. 660. From
the funds appropriated in part 1 for Food Bank Council of Michigan, the
department is authorized to make allocations of TANF revenue only to the
agencies that report necessary data to the department for the purpose of
meeting TANF eligibility reporting requirements. The agencies that do not
report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements will not receive allocations in excess of
those received in fiscal year 2000. The use of TANF revenue under this section
is not an ongoing commitment of funding.
Sec. 669. From
the funds appropriated in part 1 for family independence program, the department
shall allocate $7,230,000.00 for the annual clothing allowance. The allowance
shall be granted to all eligible children in a family independence program
group.
Sec. 672. (1)
The department’s office of inspector general shall report to the senate and house
of representatives appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the senate and house policy offices by
February 15 of the current fiscal year on department efforts to reduce
inappropriate use of Michigan bridge cards and food assistance program
trafficking. The department shall provide information on the number of
recipients of services who used their electronic benefit transfer card
inappropriately and the current status of each case, the number of recipients
whose benefits were revoked, whether permanently or temporarily, as a result of
inappropriate use, and the number of retailers that were fined or removed from
the electronic benefit transfer program for permitting inappropriate use of the
cards. The report shall also include the number of Michigan bridge card
trafficking instances and overall welfare fraud referrals that includes such
information as the number of investigations completed, fraud and intentional
program violation dollar amounts identified, the number of referrals to
prosecutors, the number of administrative hearing referrals and waivers, and
the number of program disqualifications imposed. The report shall distinguish
between savings and cost avoidance. Savings include receivables established
from instances of fraud committed. Cost avoidance includes expenditures avoided
due to front-end eligibility investigations and other preemptive actions
undertaken in the prevention of fraud.
(2) The
department shall require an explanation from a recipient if a bridge card is
replaced more than 2 times over any 3-month period.
(3) As used in
this section, “inappropriate use” means not used to meet a family’s ongoing
basic needs, including food, clothing, shelter, utilities, household goods, personal
care items, and general incidentals.
(4) As used in
this section, “food assistance trafficking” means the buying and selling of
food assistance benefits for cash or items not authorized under the food and
nutrition act, 7 USC 2036.
Sec. 677. (1)
The department shall establish a state goal for the percentage of family
independence program cases involved in employment activities. The percentage
established shall not be less than 50%. The goal for long-term employment shall
be 15% of cases for 6 months or more.
(2) The
department shall provide quarterly reports to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies and policy offices, and the state budget director on the number
of cases referred to Partnership. Accountability. Training. Hope. (PATH), the
current percentage of family independence program cases involved in PATH
employment activities, an estimate of the current percentage of family independence
program cases that meet federal work participation requirements on the whole,
and an estimate of the current percentage of the family independence program
cases that meet federal work participation requirements for those cases
referred to PATH.
(3) The
department shall submit to the senate 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 quarterly reports that
include all of the following:
(a) The number
and percentage of nonexempt family independence program recipients who are
employed.
(b) The
average and range of wages of employed family independence program recipients.
(c) The number
and percentage of employed family independence program recipients who remain
employed for 6 months or more.
Sec. 686. (1)
The department shall confirm that individuals presenting personal
identification issued by another state seeking assistance through the family
independence program, food assistance program, state disability assistance
program, or medical assistance program are not receiving benefits from any
other state.
(2) The department shall confirm the address provided by any
individual seeking family independence program benefits or state disability
assistance benefits.
(3) The department shall prohibit individuals with property
assets assessed at a value higher than $200,000.00 from accessing assistance
through department-administered programs, unless such a prohibition would
violate federal rules and guidelines.
(4) The department shall obtain an up-to-date telephone
number during the eligibility determination or redetermination process for
individuals seeking medical assistance benefits.
Sec. 687. (1) The department shall, in quarterly reports,
compile and make available on its website all of the following information
about the family independence program, state disability assistance, the food
assistance program, Medicaid, and state emergency relief:
(a) The number of applications received.
(b) The number of applications approved.
(c) The number of applications denied.
(d) The number of applications pending and neither approved
nor denied.
(e) The number of cases opened.
(f) The number of cases closed.
(g) The number of cases at the beginning of the quarter and
the number of cases at the end of the quarter.
(2) The information provided under subsection (1) shall be
compiled and made available for the state as a whole and for each county and
reported separately for each program listed in subsection (1).
(3) The department shall, in quarterly reports, compile and
make available on its website the family independence program information
listed as follows:
(a) The number of new applicants who successfully met the
requirements of the 21-day assessment period for PATH.
(b) The number of new applicants who did not meet the
requirements of the 21-day assessment period for PATH.
(c) The number of cases sanctioned because of the school
truancy policy.
(d) The number of cases closed because of the 48-month and
60-month lifetime limits.
(e) The number of first-, second-, and third-time sanctions.
(f) The number of children ages 0-5 living in FIP-sanctioned
households.
Sec. 688. From the funds appropriated in part 1 for the
low-income home energy assistance program, the department shall make an
additional $20.01 payment to each food assistance program case that is not
currently eligible for the standard utility allowance to enable each case to
receive expanded food assistance benefits through the program commonly known as
the heat and eat program.
CHILDREN’S SERVICES
AGENCY - JUVENILE JUSTICE
Sec. 701. Unless required from changes to federal or state
law or at the request of a provider, the department shall not alter the terms
of any signed contract with a private residential facility serving children
under state or court supervision without written consent from a representative
of the private residential facility.
Sec. 706. Counties shall be subject to 50% chargeback for the
use of alternative regional detention services, if those detention services do
not fall under the basic provision of section 117e of the social welfare act,
1939 PA 280,
Sec. 707. In order to be reimbursed for child care fund
expenditures, counties are required to submit department-developed reports to
enable the department to document potential federally claimable expenditures.
This requirement is in accordance with the reporting requirements specified in
section 117a(11) of the social welfare act, 1939 PA 280,
Sec. 708. (1) As a condition of receiving funds appropriated
in part 1 for the child care fund line item, by October 15 of the current
fiscal year, counties shall have an approved service spending plan for the
current fiscal year. Counties must submit the service spending plan for the
following fiscal year to the department by August 15 of the current fiscal year
for approval. Upon submission of the county service spending plan, the
department shall approve within 30 calendar days after receipt of a properly
completed service plan that complies with the requirements of the social
welfare act, 1939 PA 280, MCL 400.1 to 400.119b. The department shall notify
and submit county service spending plan revisions to any county whose county
service spending plan is not accepted upon initial submission. The department
shall not request any additional revisions to a county service spending plan
outside of the requested revision notification submitted to the county by the
department. The department shall notify a county within 30 days after approval
that its service plan was approved.
(2) Counties must submit amendments to current fiscal year
county service plans no later than August 30. Counties must submit current
fiscal year payable estimates to the department no later than September 15.
(3) The department shall submit a report to the house and
senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office by February 15 of the current fiscal year on the number of
counties that fail to submit a service spending plan by August 15 of the
previous fiscal year and the number of service spending plans not approved by
October 15. The report shall include the number of county service spending
plans that were not approved as first submitted by the counties, as well as the
number of plans that were not approved by the department after being
resubmitted by the county with the first revisions that were requested by the
department.
Sec. 709. The department’s master contract for juvenile
justice residential foster care services shall prohibit contractors from
denying a referral for placement of a youth, or terminating a youth’s
placement, if the youth’s assessed treatment needs are in alignment with the
facility’s residential program type, as identified by the court or the
department. In addition, the master contract shall require that youth placed in
juvenile justice residential foster care facilities must have regularly
scheduled treatment sessions with a licensed psychologist or psychiatrist, or
both, and access to the licensed psychologist or psychiatrist as needed.
Sec. 710. (1) The department shall create and participate in
a workgroup to make recommendations to ensure the use of juvenile justice
diversion programs in this state. The workgroup shall include a representative
from the department, the state court administrative office, members of the
house of representatives and the senate, and other individuals or organizations
as determined appropriate by the department.
(2) By April 15 of the current fiscal year, the department
shall provide a report to the house and senate appropriations subcommittees on
the department budget, the senate and house fiscal agencies, the house and
senate policy offices, and the state budget office. The report produced by the
workgroup shall include, but not be limited to, all of the following:
(a) Best practices established for juvenile justice diversion
programs.
(b) Outcomes for juveniles from juvenile justice diversion
programs.
(c) Types of diversion programs currently being used in this
state.
(d) Recommendations to promote consistency in juvenile justice
screening programs across this state.
(e) Recommendations for training standards for juvenile
justice screening programs to be developed by the department.
FIELD OPERATIONS AND
SUPPORT SERVICES
Sec. 801. (1) The department shall report monthly on the most
recent food assistance program error rate derived from the active cases,
reported to the United States Department of Agriculture – Food and Nutrition
Services for the supplemental nutrition assistance program, to the house and
senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office.
(2) By March 1 of the current fiscal year, the department
shall report on the progress of the corrective action taken utilizing the funds
appropriated for food assistance reinvestment in lowering the food assistance
program error rate and improving program payment accuracy.
Sec. 802. From the funds appropriated in part 1 for field
staff travel, the department shall allocate up to $100,000.00 toward
reimbursing local county board members and county department directors for
out-of-pocket travel costs to attend 1 meeting per year of the Michigan County
Social Services Association.
Sec. 807. From the funds appropriated in part 1 for Elder Law
of Michigan MiCAFE contract, the department shall allocate not less than
$350,000.00 to the Elder Law of Michigan MiCAFE to assist this state’s elderly
population in participating in the food assistance program. Of the $350,000.00
allocated under this section, the department shall use $175,000.00, which are
general fund/general purpose funds, as state matching funds for not less than
$175,000.00 in United States Department of Agriculture funding to provide
outreach program activities, such as eligibility screening and information
services, as part of a statewide food assistance hotline.
Sec. 808. By March 1 of the current fiscal year, the
department shall provide a report to the senate 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 on the
nutrition education program. The report shall include requirements made by the
agriculture improvement act of 2018, Public Law 115-334, such as how the
department shall use an electronic reporting system to evaluate projects and an
accounting of allowable state agency administrative costs. The report shall
also include documentation of the steps the department shall take to ensure
that projects and subgrantee programs are evidence-based, appropriated for, and
meet the criteria for eligible individuals as defined in section 2036a(a) of
the food and nutrition act, 7 USC 2036, and quantitative evidence that the
programs contribute to a reduction in obesity or an increase in the consumption
of healthy foods. Additionally, the report shall include planned allocation and
actual expenditures for the supplemental nutrition assistance program education
funding, planned and actual grant amounts for the supplemental nutrition
assistance program education funding, the total amount of expected carryforward
balance at the end of the current fiscal year for the supplemental nutrition
assistance program education funding and for each subgrantee program, a list of
all supplemental nutrition assistance program education funding programs by
implementing agency, and the stated purpose of each of the programs and each of
the subgrantee programs.
Sec. 809. (1) The purpose of the pathways to potential
program is to reduce chronic absenteeism and decrease the number of students
who repeat grades for schools that are current or future participants in the
pathways to potential program. Before any deployment of resources into a
participant school, the department and the participant school shall establish
performance objectives for each participant school based on a 2-year baseline
prior to pathways to potential being established in the participant school and
shall evaluate the progress made in the above categories from the established
baseline. By March 1 of the current fiscal year, the department shall provide
to the senate and house appropriations subcommittees on the department budget,
the senate and house fiscal agencies, and the senate and house policy offices a
report listing all participant schools, the number of staff assigned to each
school by participant school, and the percentage of participating schools that
achieved improved performance in each of the 2 outcomes listed above compared
to the previous year, by each individual outcome. It is the intent of the
legislature that after a 2-year period without attaining an increase in success
in meeting the 2 listed outcomes from the established baseline, the department
shall work with the participant school to examine the cause of the lack of
progress and shall seek to implement a plan to increase success in meeting the
identified outcomes. It is the intent of the legislature that progress or the
lack of progress made in meeting the performance objectives shall be used as a
determinant in future pathways to potential resource allocation decisions.
(2) As used in this section, “baseline” means the initial set
of data from the center for educational performance and information in the
department of technology, management, and budget of the 2 measured outcomes as
described in subsection (1).
Sec. 825. (1) From the funds appropriated in part 1, the
department shall provide individuals not more than $500.00 for vehicle repairs,
including any repairs done in the previous 12 months. However, the department
may in its discretion pay for repairs up to $900.00. Payments under this
section shall include the combined total of payments made by the department and
work participation program.
Sec. 850. (1) The department shall maintain out-stationed
eligibility specialists in community-based organizations, community mental
health agencies, nursing homes, adult placement and independent living
settings, federally qualified health centers, and hospitals unless a
community-based organization, community mental health agency, nursing home,
adult placement and independent living setting, federally qualified health
centers, or hospital requests that the program be discontinued at its facility.
(2) From the funds appropriated in part 1 for donated funds
positions, the department shall enter into contracts with agencies that are
able and eligible under federal law to provide the required matching funds for
federal funding, as determined by federal statute and regulations.
(3) A contract for an assistance payments donated funds
position must include, but not be limited to, the following performance
metrics:
(a) Meeting a standard of promptness for processing
applications for Medicaid and other public assistance programs under state law.
(b) Meeting required standards for error rates in determining
programmatic eligibility as determined by the department.
(4) The department shall only fill additional donated funds
positions after a new contract has been signed. That position shall also be
abolished when the contract expires or is terminated.
(5) The department shall classify as limited-term FTEs any
new employees who are hired to fulfill the donated funds position contracts or
are hired to fill any vacancies from employees who transferred to a donated
funds position.
(6) By March 1 of the current fiscal year, the department
shall submit a report to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies and policy offices,
and the state budget office detailing information on the donated funds
positions, including the total number of occupied positions, the total private
contribution of the positions, and the total cost to the state for any
nonsalary expenditure for the donated funds position employees.
Sec. 851. (1) From the funds appropriated in part 1 for adult
services field staff, the department shall seek to reduce the number of older
adults who are victims of crime and fraud by increasing the standard of
promptness in every county, as measured by commencing an investigation within
24 hours after a report is made to the department, establishing face-to-face
contact with the client within 72 hours after a report is made to the
department, and completing the investigation within 30 days after a report is
made to the department.
(2) The department shall report no later than March 1 of the
current fiscal year to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the house and
senate policy offices on the services provided to older adults who were victims
of crime or fraud in the previous fiscal year. The report shall include, but is
not limited to, the following by county: the percentage of investigations
commenced within 24 hours after a report is made to the department, the number
of face-to-face contacts established with the client within 72 hours after a
report is made to the department, the number of investigations completed within
30 days after a report is made to the department, and the total number of older
adults that were victims of crime or fraud in the previous fiscal year and were
provided services by the department as a result of being victims of crime or
fraud.
DISABILITY
DETERMINATION SERVICES
Sec. 890. From the funds appropriated in part 1 for
disability determination services, the department shall maintain the unit rates
in effect on September 30, 2019 for medical consultants performing disability
determination services, including physicians, psychologists, and
speech-language pathologists.
BEHAVIORAL HEALTH
SERVICES ADMINISTRATION AND SPECIAL PROJECTS
Sec. 901. The funds appropriated in part 1 are intended to
support a system of comprehensive community mental health services under the
full authority and responsibility of local CMHSPs or PIHPs in accordance with
the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid
provider manual, federal Medicaid waivers, and all other applicable federal and
state laws.
Sec. 902. (1) From the funds appropriated in part 1, final
authorizations to CMHSPs or PIHPs shall be made upon the execution of contracts
between the department and CMHSPs or PIHPs. The contracts shall contain an
approved plan and budget as well as policies and procedures governing the
obligations and responsibilities of both parties to the contracts. Each
contract with a CMHSP or PIHP that the department is authorized to enter into
under this subsection shall include a provision that the contract is not valid
unless the total dollar obligation for all of the contracts between the
department and the CMHSPs or PIHPs entered into under this subsection for the current
fiscal year does not exceed the amount of money appropriated in part 1 for the
contracts authorized under this subsection.
(2) The department shall immediately report to the senate and
house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the state budget director if either of the following
occurs:
(a) Any new contracts the department has entered into with
CMHSPs or PIHPs that would affect rates or expenditures.
(b) Any amendments to contracts the department has entered
into with CMHSPs or PIHPs that would affect rates or expenditures.
(3) The report required by subsection (2) shall include
information about the changes and their effects on rates and expenditures.
Sec. 904. (1) By May 31 of the current fiscal year, the
department shall provide a report on the CMHSPs, PIHPs, and designated regional
entities for substance use disorder prevention and treatment to the members of
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget director that includes
the information required by this section.
(2) The report shall contain information for each CMHSP,
PIHP, and designated regional entity for substance use disorder prevention and
treatment, and a statewide summary, each of which shall include at least the
following information:
(a) A demographic description of service recipients that,
minimally, shall include reimbursement eligibility, client population, age,
ethnicity, housing arrangements, and diagnosis.
(b) Per capita expenditures in total and by client population
group and cultural and ethnic groups of the services area, including the deaf
and hard of hearing population.
(c) Financial information that, minimally, includes a description
of funding authorized; expenditures by diagnosis group, service category, and
reimbursement eligibility; and cost information by Medicaid, Healthy Michigan
plan, state appropriated non-Medicaid mental health services, local funding,
and other fund sources, including administration and funds specified for all
outside contracts for services and products. Financial information must include
the amount of funding, from each fund source, used to cover clinical services
and supports. Service category includes all department-approved services.
(d) Data describing service outcomes that include, but are
not limited to, an evaluation of consumer satisfaction, consumer choice, and
quality of life concerns including, but not limited to, housing and employment.
(e) Information about access to CMHSPs and designated
regional entities for substance use disorder prevention and treatment that includes,
but is not limited to, the following:
(i) The number of
people receiving requested services.
(ii) The number of
people who requested services but did not receive services.
(f) The number of second opinions requested under the mental
health code, 1974 PA 258, MCL 330.1001 to 330.2106, and the determination of
any appeals.
(g) Lapses and carryforwards during the previous fiscal year
for CMHSPs, PIHPs, and designated regional entities for substance use disorder
prevention and treatment.
(h) Performance indicator information required to be
submitted to the department in the contracts with CMHSPs, PIHPs, and designated
regional entities for substance use disorder prevention and treatment.
(i) Administrative expenditures of each CMHSP, PIHP, and
designated regional entity for substance use disorder prevention and treatment
that include a breakout of the salary, benefits, and pension of each
executive-level staff and shall include the director, chief executive, and
chief operating officers and other members identified as executive staff.
(3) The report shall contain the following information from
the previous fiscal year on substance use disorder prevention, education, and
treatment programs:
(a) Expenditures stratified by department-designated
community mental health entity, by central diagnosis and referral agency, by
fund source, by subcontractor, by population served, and by service type.
(b) Expenditures per state client, with data on the
distribution of expenditures reported using a histogram approach.
(c) Number of services provided by central diagnosis and
referral agency, by subcontractor, and by service type. Additionally, data on
length of stay, referral source, and participation in other state programs.
(d) Collections from other first- or third-party payers,
private donations, or other state or local programs, by department-designated
community mental health entity, by subcontractor, by population served, and by
service type.
(4) The department shall include data reporting requirements
listed in subsections (2) and (3) in the annual contract with each individual
CMHSP, PIHP, and designated regional entity for substance use disorder
treatment and prevention.
(5) The department shall take all reasonable actions to
ensure that the data required are complete and consistent among all CMHSPs,
PIHPs, and designated regional entities for substance use disorder prevention
and treatment.
Sec. 905. (1) From the funds appropriated in part 1 for
behavioral health program administration, the department shall maintain a
psychiatric transitional unit and children’s transition support team. These
services will augment the continuum of behavioral health services for high-need
youth and provide additional continuity of care and transition into supportive
community-based services.
(2) Outcomes and performance measures for this initiative
include, but are not limited to, the following:
(a) The rate of rehospitalization for youth served through
the program at 30 and 180 days.
(b) Measured change in the Child and Adolescent Functional
Assessment Scale for children served through the program.
Sec. 907. (1) The amount appropriated in part 1 for community
substance use disorder prevention, education, and treatment shall be expended
to coordinate care and services provided to individuals with severe and
persistent mental illness and substance use disorder diagnoses.
(2) The department shall approve managing entity fee
schedules for providing substance use disorder services and charge participants
in accordance with their ability to pay.
(3) The managing entity shall continue current efforts to
collaborate on the delivery of services to those clients with mental illness
and substance use disorder diagnoses with the goal of providing services in an
administratively efficient manner.
Sec. 909. From the funds appropriated in part 1 for community
substance use disorder prevention, education, and treatment, the department
shall use available revenue from the marihuana regulatory fund established in
section 604 of the medical marihuana facilities licensing act, 2016 PA 281, MCL
333.27604, to improve physical health; expand access to substance use disorder
prevention and treatment services; and strengthen the existing prevention,
treatment, and recovery systems.
Sec. 910. The department shall ensure that substance use
disorder treatment is provided to applicants and recipients of public
assistance through the department who are required to obtain substance use
disorder treatment as a condition of eligibility for public assistance.
Sec. 911. (1)
The department shall ensure that each contract with a CMHSP or PIHP requires
the CMHSP or PIHP to implement programs to encourage diversion of individuals
with serious mental illness, serious emotional disturbance, or developmental disability
from possible jail incarceration when appropriate.
(2) Each CMHSP
or PIHP shall have jail diversion services and shall work toward establishing
working relationships with representative staff of local law enforcement
agencies, including county prosecutors’ offices, county sheriffs’ offices,
county jails, municipal police agencies, municipal detention facilities, and
the courts. Written interagency agreements describing what services each
participating agency is prepared to commit to the local jail diversion effort
and the procedures to be used by local law enforcement agencies to access
mental health jail diversion services are strongly encouraged.
Sec. 912. The
department shall contract directly with the Salvation Army Harbor Light program
to provide non-Medicaid substance use disorder services if the local
coordinating agency or the department confirms the Salvation Army Harbor Light
program meets the standard of care. The standard of care shall include, but is
not limited to, utilization of the medication assisted treatment option.
Sec. 918. On
or before the twenty-fifth of each month, the department shall report to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget director on the amount
of funding paid to PIHPs to support the Medicaid managed mental health care
program in the preceding month. The information shall include the total paid to
each PIHP, per capita rate paid for each eligibility group for each PIHP, and
number of cases in each eligibility group for each PIHP, and year-to-date
summary of eligibles and expenditures for the Medicaid managed mental health
care program.
Sec. 920. (1)
As part of the Medicaid rate-setting process for behavioral health services,
the department shall work with PIHP network providers and actuaries to include
any state and federal wage and compensation increases that directly impact
staff who provide Medicaid-funded community living supports, personal care
services, respite services, skill-building services, and other similar supports
and services as part of the Medicaid rate.
(2) It is the
intent of the legislature that any increased Medicaid rate related to state
minimum wage increases shall also be distributed to direct care employees.
Sec. 924. From
the funds appropriated in part 1 for autism services, for the purposes of
actuarially sound rate certification and approval for Medicaid behavioral
health managed care programs, the department shall maintain a fee schedule for
autism services reimbursement rates for direct services. Expenditures used for
rate setting shall not exceed those identified in the fee schedule. The rates
for behavioral technicians shall not be less than $50.00 per hour and not more
than $55.00 per hour.
Sec. 926. (1)
From the funds appropriated in part 1 for community substance use disorder
prevention, education, and treatment, $500,000.00 is allocated for a
specialized substance use disorder detoxification pilot project administered by
a 9-1-1 service district in conjunction with a substance use and case
management provider and at a hospital in a city with a population between
95,000 and 97,000 according to the most recent federal decennial census within
a county with a population of at least 1,500,000 according to the most recent
federal decennial census. The hospital must have a wing with at least 10 beds
dedicated to stabilizing patients suffering from addiction by providing a
specialized trauma therapist as well as a peer support specialist to assist
with treatment and counseling.
(2) The substance
use and case management provider receiving funds under this section shall
collect and submit to the department data on the outcomes of the pilot project
throughout the duration of the pilot project and shall provide a report on the
pilot project’s outcomes to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, and the state
budget office.
Sec. 927. (1)
The department shall, in consultation with the Community Mental Health
Association of Michigan, establish, maintain, and review as necessary, a
uniform community mental health services auditing process for use by CMHSPs and
PIHPs.
(2) The
uniform auditing process required under this section must do all of the
following:
(a) Create
uniformity in the collection of data and consistent measurement of the quality,
efficacy, and cost effectiveness of provided services and supports.
(b) Establish
a uniform audit tool that contains information necessary for the uniform
community mental health services auditing process and adheres to national
standards.
(c) Strive to
meet the needs of community mental health service beneficiaries and meet all
statewide audit requirements.
(d) Maintain
audit responsibility at the local agency level.
(3) By March 1
of the current fiscal year, the department shall submit a report to the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the senate and house policy offices on the
implementation status of the uniform auditing process and any barriers to
implementation.
(4) A state
department or agency that provides, either directly or through a contract,
community mental health services and supports must comply with the uniform
auditing process and utilize the audit tool maintained by the department. All
forms, processes, and contracts used by the state that relate to the provision
of community mental health services and supports must comply with the uniform
auditing process.
(5) As used in
this section, “national standards” means standards established by a national
accrediting entity such as the Joint Commission, Commission on Accreditation of
Rehabilitation Facilities, Council on Accreditation, National Committee for
Quality Assurance, or other credible body as approved by the department.
Sec. 928. (1)
Each PIHP shall provide, from internal resources, local funds to be used as a
part of the state match required under the Medicaid program in order to
increase capitation rates for PIHPs. These funds shall not include either state
funds received by a CMHSP for services provided to non-Medicaid recipients or
the state matching portion of the Medicaid capitation payments made to a PIHP.
(2) It is the
intent of the legislature that any funds that lapse from the funds appropriated
in part 1 for Medicaid mental health services shall be redistributed to
individual CMHSPs as a reimbursement of local funds on a proportional basis to
those CMHSPs whose local funds were used as state Medicaid match. By April 1 of
the current fiscal year, the department shall report to the senate 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 on the lapse by PIHP from the previous fiscal year and the projected
lapse by PIHP in the current fiscal year.
(3) It is the
intent of the legislature that the amount of local funds used in subsection (1)
be phased out and offset with state general fund/general purpose revenue in
equal amounts over a 5-year period.
(4) Until the
local funds are phased out as described in subsection (3), each PIHP shall not
be required to provide local funds, used as part of the state match required
under the Medicaid program in order to increase capitation rates for PIHPs, at
an amount greater than what each PIHP received from local units of government,
either directly or indirectly, during the fiscal year ending September 30, 2018
for this purpose.
Sec. 935. A
county required under the provisions of the mental health code, 1974 PA 258,
Sec. 940. (1)
According to section 236 of the mental health code, 1974 PA 258, MCL 330.1236,
the department shall do both of the following:
(a) Review
expenditures for each CMHSP to identify CMHSPs with projected allocation
surpluses and to identify CMHSPs with projected allocation shortfalls. The
department shall encourage the board of a CMHSP with a projected allocation
surplus to concur with the department’s recommendation to reallocate those
funds to CMHSPs with projected allocation shortfalls.
(b) Withdraw
unspent funds that have been allocated to a CMHSP if other reallocated funds
were expended in a manner not provided for in the approved contract, including
expending funds on services and programs provided to individuals residing
outside of the CMHSP’s geographic region.
(2) A CMHSP
that has its funding allocation transferred out or withdrawn during the current
fiscal year as described in subsection (1) is not eligible for any additional
funding reallocations during the remainder of the current fiscal year, unless
that CMHSP is responding to a public health emergency as determined by the
department.
(3) CMHSPs
shall report to the department on any proposed reallocations described in this
section at least 30 days before any reallocations take effect.
(4) The
department shall notify the chairs of the appropriation subcommittees on the
department budget when a request is made and when the department grants approval
for reallocation or withdraw as described in subsection (1). By September 30 of
the current fiscal year, the department shall provide a report on the amount of
funding reallocated or withdrawn to the senate 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. 942. A
CMHSP shall provide at least 30 days’ notice before reducing, terminating, or
suspending services provided by a CMHSP to CMHSP clients, with the exception of
services authorized by a physician that no longer meet established criteria for
medical necessity.
Sec. 959. (1)
The department shall continue to convene a workgroup in collaboration with the
chairs of the house and senate appropriations subcommittees on the department
budget or their designees, CMHSP members, autism services provider clinical and
administrative staff, community members, Medicaid autism services clients, and
family members of Medicaid autism services clients to make recommendations to
ensure appropriate cost and service provision, including, but not limited to,
the following:
(a) Evaluation
and reduction of the variability in diagnostic rates across different regions
of the state.
(b) Evaluation of the factors resulting in the voluntary
disenrollment from, or declination of, therapeutic services by eligible
families.
(2) By April 15 of the current fiscal year, the department
shall provide an update on the workgroup’s recommendations and findings to the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the state budget office.
Sec. 960. (1) From the funds appropriated in part 1 for
autism services, the department shall continue to cover all Medicaid autism
services to Medicaid enrollees eligible for the services that were covered on
January 1, 2019.
(2) To restrain cost increases in the autism services line
item, the department shall do all of the following:
(a) By March 1 of the current fiscal year, develop and implement
specific written guidance for standardization of Medicaid PIHPs and CMHSPs
autism spectrum disorder administrative services, including, but not limited
to, reporting requirements, coding, and reciprocity of credentialing and
training between PIHPs and CMHSPs to reduce administrative duplication at the
PIHP, CMHSP, and service provider levels.
(b) Require consultation with the
client’s evaluation diagnostician and PIHP to approve the client’s ongoing
therapy for 3 years, unless the client’s evaluation diagnostician recommended
an evaluation prior to the 3 years or if a clinician on the treatment team
recommended an evaluation for the client prior to the third year.
(c) Limit the authority to perform a diagnostic evaluation for
Medicaid autism services to qualified licensed practitioners. Qualified
licensed practitioners are limited to the following:
(i) A physician
with a specialty in psychiatry or neurology.
(ii) A physician
with a subspecialty in developmental pediatrics, development-behavioral
pediatrics, or a related discipline.
(iii) A physician
with a specialty in pediatrics or other appropriate specialty with training,
experience, or expertise in autism spectrum disorders or behavioral health.
(iv) A psychologist
with a specialty in clinical child psychology, behavioral and
cognitive psychology, or clinical neuropsychology, or other appropriate
specialty with training, experience, or expertise in autism spectrum disorders
or behavioral health.
(v) A clinical
social worker with at least 1 year of experience working within his or her
scope of practice who is qualified and experienced in diagnosing autism
spectrum disorders.
(vi) An advanced
practice registered nurse with training, experience, or expertise in autism
spectrum disorders or behavioral health.
(vii) A physician
assistant with training, experience, or expertise in autism spectrum disorders
or behavioral health.
(d) Require that a client whose initial diagnosis was
performed by a diagnostician with master’s level credentials should have their
diagnosis and treatment recommendations reviewed by a physician, psychiatric
nurse practitioner, or fully credentialed psychologist.
(e) Allow and expand the utilization of telemedicine and
telepsychiatry to increase access to diagnostic evaluation services.
(f) Prohibit CMHSPs from allowing specific providers to provide
both diagnosis and treatment services to individual clients.
(g) Coordinate with the department of insurance and financial
services oversight for compliance with the Paul Wellstone and Pete Domenici
mental health parity and addiction equity act of 2008, Public Law 110‑343,
as it relates to autism spectrum disorder services, to ensure appropriate cost
sharing between public and private payers.
(h) Require that Medicaid eligibility be confirmed through
prior evaluations conducted by physicians, psychiatric nurse practitioners, or
fully credentialed psychologists to the extent possible.
(i) Maintain regular statewide provider trainings on autism
spectrum disorder standard clinical best practice guidelines for treatment and
diagnostic services.
(3) By March 1 of the current fiscal year, the department
shall report to the senate 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 on total autism services spending
broken down by PIHP, and CMHSP for the previous fiscal year and current fiscal
year; and total administrative costs broken down by PIHP, CMHSP, and type of
administrative cost for the previous fiscal year and current fiscal year.
Sec. 962. For the purposes of special projects involving
high-need children or adults, including the not guilty by reason of insanity
population, the department may contract directly with providers of services to
these identified populations.
Sec. 964. By July 1 of the current fiscal year, the
department shall provide the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, the house and
senate policy offices, and the state budget office with the standardized fee
schedule for Medicaid behavioral health services and supports. The report shall
also include the adequacy standards to be used in all contracts with PIHPs and
CMHSPs. In the development of the standardized fee schedule for Medicaid
behavioral health services and supports during the current fiscal year, the
department must prioritize and support essential service providers and must
develop a standardized fee schedule for revenue code 0204.
Sec. 965. The department shall explore requiring that CMHSPs
reimburse medication assisted treatment providers no less than $12.00 per dose,
and reimburse drug screen collection at no less than $12.00 per manual screen.
Sec. 970. The department shall maintain the policies in
effect on October 1, 2018 for the federal home and community-based services
rule as it relates to skill building assistance services. The skill building
assistance services shall remain eligible for federal match until March 17,
2022 as stated in the CMS informational bulletin dated May 9, 2017. From the
funds appropriated in part 1, the department shall continue to seek federal
matching funds for skill building assistance services. As a condition of their
contracts with the department, CMHSPs shall retain any federally approved skill
building assistance services available as of October 1, 2018.
Sec. 972. From the funds appropriated
in behavioral health program administration, the department shall utilize up to
$1,500,000.00 general fund/general purpose revenues, and any additional federal
revenues, to develop, implement, and maintain the Michigan crisis and access
line (MiCAL) pursuant to section 165 of the mental health code, 1974 PA 258,
MCL 330.1165, and the psychiatric bed registry pursuant to section 151 of
the mental health code, 1974 PA 258, MCL 330.1151. In accordance with
section 165 of the mental health code, 1974 PA 258, MCL 330.1165, the
psychiatric bed registry must be integrated with and be part of the MiCAL
system, including any related procurement. In accordance with both section 165
of the mental health code, 1974 PA 258, MCL 330.1165, and section 151 of the
mental health code, 1974 PA 258, MCL 330.1151, for MiCAL and the psychiatric
bed registry, respectively, any procurement or purchasing related contracts
must be managed by the department in conjunction with the department of
technology, management, and budget and state information technology procurement
laws, regulations, and policies. No other state department or agency outside of
the department, in conjunction with the department of technology, management,
and budget, may develop a psychiatric bed registry for the purposes of
compliance with section 151 of the mental health code, 1974 PA 258, MCL
330.1151, and section 165 of the mental health code, 1974 PA 258, MCL 330.1165.
Sec. 974. The department and PIHPs shall allow an individual
with an intellectual or developmental disability who receives supports and
services from a CMHSP to instead receive supports and services from another
provider if the individual shows that he or she is eligible and qualified to
receive supports and services from another provider. Other providers may
include, but are not limited to, MIChoice and program of all-inclusive care for
the elderly (PACE).
Sec. 977. From the funds appropriated in part 1 for community
substance use disorder prevention, education, and treatment, $600,000.00 of
federal state response to the opioid crisis grant revenue is allocated as grants
to high schools specifically designated for students recovering from a
substance use disorder to support the costs of counselors, therapeutic staff,
and recovery coaching staff, with a priority placed on the cost of substance
use disorder counselors. Each grant shall not exceed $150,000.00 per high
school.
Sec. 978. From the funds appropriated in part 1 for community
substance use disorder prevention, education, and treatment, the department
shall allocate $600,000.00 of federal state response to the opioid crisis grant
revenue to create a competitive grant for recovery community organizations to
offer or expand recovery support center services or recovery community center
services to individuals seeking long-term recovery from substance use disorders.
An organization may not receive a grant in excess of $150,000.00. In awarding
grants, priority shall be placed on recovery community organizations that do
the following:
(a) Provide recovery support navigation that includes the
following:
(i) Multiple recovery pathways.
(ii) Assisting individuals navigate recovery resources
such as detoxification, treatment, recovery housing, support groups, peer
support, and family support.
(iii) The promotion of community wellness and
engagement.
(iv) Recovery advocacy that provides hope and
encourages recovery.
(v) A peer-led, peer-driven organization that offers
recovery to any individual seeking recovery from addiction.
(b) Provide recovery outreach education that includes the
following:
(i) On-site recovery education in the workplace.
(ii) All staff employee meetings.
(iii) On-site support for employees and family
members.
(iv) Connections for employees and family members of
employees suffering from addiction to local recovery resources such as treatment,
recovery housing, and support groups.
(v) Connections with employers to provide recovery
advocacy.
(c) Provide recovery activities and events that include the
following:
(i) Safe, ongoing recovery activities and events.
(ii) Opportunities to volunteer and participate in
activities and events.
(iii) Opportunities for family members and supporters
of recovery to be involved.
(iv) Meetings and activities on nutrition, health, and
wellness.
(v) Meetings and activities on mindfulness,
meditation, and yoga.
Sec. 979. If funds become available, the department shall
seek the appropriate federal approvals to allow for the utilization of Medicaid
funding for services provided at adult psychiatric residential treatment
facilities. By March 1 of the current fiscal year, the department shall report
on its progress toward receiving the appropriate federal approvals to allow for
federal Medicaid reimbursements for services provided at adult psychiatric
residential treatment facilities to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office.
Sec. 995. From the funds appropriated in part 1 for mental
health diversion council, $3,850,000.00 is intended to address the
recommendations of the mental health diversion council.
Sec. 996. From the funds appropriated in part 1 for family
support subsidy, the department shall make monthly payments of $229.31 to the
parents or legal guardians of children approved for the family support subsidy
by a CMHSP.
Sec. 997. The population data used in
determining the distribution of substance use disorder block grant funds shall
be from the most
recent federal data from the United States Census Bureau.
Sec. 998. For
distribution of state general funds to CMHSPs, if the department decides to use
census data, the department shall use the most recent federal data from the
United States Census Bureau.
Sec. 999. Within 30 days after the completion of a statewide
PIHP reimbursement audit, the department shall provide the audit report to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office.
BEHAVIORAL HEALTH
SERVICES
Sec. 1001. By December 31 of the current fiscal year, each
CMHSP shall submit a report to the department that identifies populations being
served by the CMHSP broken down by program eligibility category. The report
shall also include the percentage of the operational budget that is related to
program eligibility enrollment. By February 15 of the current fiscal year, the
department shall submit the report described in this section to the senate 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. 1003. The department shall notify the Community Mental
Health Association of Michigan when developing policies and procedures that
will impact PIHPs or CMHSPs.
Sec. 1004. The department shall provide the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget office any rebased formula changes to
either Medicaid behavioral health services or non-Medicaid mental health
services 90 days before implementation. The notification shall include a table
showing the changes in funding allocation by PIHP for Medicaid behavioral
health services or by CMHSP for non-Medicaid mental health services.
Sec. 1005. From the funds appropriated in part 1 for health
homes, the department shall maintain and expand the number of behavioral health
homes in PIHP regions 1, 2, and 8 and expand the number of opioid health homes
in PIHP regions 1, 2, 4, and 9.
Sec. 1006. The department shall explore the feasibility of
implementing a Medicaid health home under 42 USC 1396w-4 for individuals with
an intellectual or developmental disability diagnosis. By March 1 of the
current fiscal year, the department shall provide a report that provides
information, on a statewide and PIHP regional basis, on the prospective number
of eligible individuals, the anticipated enrolled individuals, the estimated
cost, the delivery system structure, and the timeline for implementation if
feasible to the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, the house and senate policy
offices, and the state budget office.
Sec. 1007. The department may explore the feasibility of
creating a distinct standalone Medicaid delivery system for individuals with an
intellectual or developmental disability diagnosis. By March 1 of the current
fiscal year, the department may provide a report that provides information on
potential delivery system structures, prospective number of eligible
individuals, possible federal Medicaid authorities, and the estimated impact on
current Medicaid delivery systems that administer benefits for individuals with
intellectual or developmental disabilities to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget
office.
Sec. 1008. PIHPs and CMHSPs shall do all of the following:
(a) Work to reduce administration costs by ensuring that PIHP
and CMHSP responsible functions are efficient in allowing optimal transition of
dollars to those direct services considered most effective in assisting
individuals served. Any consolidation of administrative functions must
demonstrate, by independent analysis, a reduction in dollars spent on
administration resulting in greater dollars spent on direct services. Savings
resulting from increased efficiencies shall not be applied to PIHP and CMHSP
net assets, internal service fund increases, building costs, increases in the
number of PIHP and CMHSP personnel, or other areas not directly related to the
delivery of improved services.
(b) Take an active role in managing mental health care by
ensuring consistent and high-quality service delivery throughout its network
and promote a conflict-free care management environment.
(c) Ensure that direct service rate variances are related to
the level of need or other quantifiable measures to ensure that the most money
possible reaches direct services.
(d) Whenever possible, promote fair and adequate direct care
reimbursement, including fair wages for direct service workers.
Sec. 1009. (1) From the funds appropriated in part 1 for
Medicaid mental health services and Healthy Michigan plan - behavioral health,
the department shall maintain the hourly wage for direct care workers from the
previous fiscal year. Funds provided in this section must be utilized by a PIHP
to maintain the wage increase for direct care worker wages, for the employer’s
share of federal insurance contributions act costs, purchasing worker’s
compensation insurance, or the employer’s share of unemployment costs.
(2) Each PIHP shall report to the department by February 1 of
the current fiscal year the range of wages paid to direct care workers,
including information on the number of direct care workers at each wage level.
(3) The department shall report the information required to
be reported according to subsection (2) to the senate 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 by March 1 of
the current fiscal year.
Sec. 1010. The funds appropriated in part 1 for behavioral
health community supports and services must be used to expand assertive
community treatment (ACT), forensic assertive community treatment (FACT), and
supportive housing and residential programs for the purpose of reducing waiting
lists at state-operated hospitals and centers through cost-effective
community-based services.
Sec. 1011. To the extent permissible under MCL 330.1919, the
funds appropriated in part 1 for behavioral health services may be used to
reimburse out-of-state providers of crisis resolution services and outpatient
services if the out-of-state provider is enrolled as a state Medicaid provider
and the out-of-state provider is located closer to the client’s home than an
in-state provider.
Sec. 1012. It is the intent of the legislature that the
department pursue any and all federal Medicaid waivers to maximize the use of
federal Medicaid reimbursements for substance use disorder services and
treatments for justice-involved individuals. As part of the executive budget
presentation for the fiscal year ending September 30, 2022 on behavioral health
services to the house and senate appropriations subcommittees on the department
budget, the department shall provide an update on the types of substance use
disorder waivers submitted by the department, whether those waivers have been
approved by the federal Centers for Medicare and Medicaid Services, and the
steps the department will take to request any and all federal Medicaid waivers
to maximize the use of federal Medicaid reimbursements for substance use
disorder services and treatments.
Sec. 1013. CMHSPs that operate preadmission screening units,
or that have designated a hospital as a preadmission screening unit, may permit
a sheriff’s office to use a qualified contracted entity to transport an individual
for preadmission screening.
STATE PSYCHIATRIC
HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 1051. The department shall continue a revenue recapture
project to generate additional revenues from third parties related to cases
that have been closed or are inactive. A portion of revenues collected through
project efforts may be used for departmental costs and contractual fees
associated with these retroactive collections and to improve ongoing
departmental reimbursement management functions.
Sec. 1052. The purpose of gifts and bequests for patient
living and treatment environments is to use additional private funds to provide
specific enhancements for individuals residing at state-operated facilities.
Use of the gifts and bequests shall be consistent with the stipulation of the
donor. The expected completion date for the use of gifts and bequests donations
is within 3 years unless otherwise stipulated by the donor.
Sec. 1055. (1)
The department shall not implement any closures or consolidations of state
hospitals, centers, or agencies until CMHSPs or PIHPs have programs and
services in place for those individuals currently in those facilities and a
plan for service provision for those individuals who would have been admitted
to those facilities.
(2) All
closures or consolidations are dependent upon adequate department-approved
CMHSP and PIHP plans that include a discharge and aftercare plan for each
individual currently in the facility. A discharge and aftercare plan shall
address the individual’s housing needs. A homeless shelter or similar temporary
shelter arrangements are inadequate to meet the individual’s housing needs.
(3) Four
months after the certification of closure required in section 19(6) of the
state employees’ retirement act, 1943 PA 240,
(4) Upon the
closure of state-run operations and after transitional costs have been paid, the
remaining balances of funds appropriated for that operation shall be
transferred to CMHSPs or PIHPs responsible for providing services for
individuals previously served by the operations.
Sec. 1056. The
department may collect revenue for patient reimbursement from first- and
third-party payers, including Medicaid and local county CMHSP payers, to cover
the cost of placement in state hospitals and centers. The department is
authorized to adjust financing sources for patient reimbursement based on
actual revenues earned. If the revenue collected exceeds current year
expenditures, the revenue may be carried forward with approval of the state
budget director. The revenue carried forward shall be used as a first source of
funds in the subsequent year.
Sec. 1058.
Effective October 1 of the current fiscal year, the department, in consultation
with the department of technology, management, and budget, may maintain a bid
process to identify 1 or more private contractors to provide food service and
custodial services for the administrative areas at any state hospital
identified by the department as capable of generating savings through the
outsourcing of such services.
Sec. 1059. (1)
The department shall identify specific
outcomes and performance measures for state-operated hospitals and centers,
including, but not limited to, the following:
(a) The average wait time for persons determined incompetent to stand
trial before admission to the center for forensic psychiatry.
(b) The average wait time for persons determined incompetent to stand
trial before admission to other state-operated psychiatric facilities.
(c) The number of persons waiting to receive services at the center for
forensic psychiatry.
(d) The number of persons waiting to receive services at other
state-operated hospitals and centers.
(e) The number
of persons determined not guilty by reason of insanity or incompetent to stand
trial by an order of a probate court that have been determined to be ready for
discharge to the community, and the average wait time between being determined
to be ready for discharge to the community and actual community placement.
(f) The number
of persons denied services at the center for forensic psychiatry.
(g) The number
of person denied services at other state-operated hospitals and centers.
(2) By March 1
of the current fiscal year, the department shall report to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, the house and senate policy offices, and the state budget office
on the outcomes and performance measures in subsection (1).
Sec. 1060. By
March 1 of the current fiscal year, the department shall provide a status
update on the department’s implementation of the previous fiscal year’s
workgroup’s recommendations to address mandatory overtime, staff turnover, and
staff retention at the state psychiatric hospitals and centers to the senate
and house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, and the state budget office. The report shall include,
but is not limited to, the following:
(a)
Descriptions of all of the measures being implemented.
(b)
Descriptions of all of the measures not being implemented and barriers
preventing implementation.
(c) The number
of direct care and clinical staff positions that are currently vacant by
hospital, and how that compares to the number of vacancies during the previous
fiscal year.
(d) A
breakdown of voluntary and mandatory overtime hours worked by position and by
hospital, and how that compares to the breakdown of voluntary and mandatory
overtime hours during the previous fiscal year.
(e) The ranges
of wages paid by position and by hospital, and how that compares to wages paid
during the previous fiscal year.
Sec. 1061. The
funds appropriated in part 1 for Caro Regional Mental Health Center shall only
be utilized to support a psychiatric hospital located at its current location.
It is the intent of the legislature that the Caro Regional Mental Health Center
shall remain open and operational at its current location on an ongoing basis.
Capital outlay funding shall be utilized for planning and construction of a new
or updated facility at the current location instead of at a new location.
Sec. 1062. It
is the intent of the legislature that the department shall provide a 5-year
plan to address the need for adult and children’s inpatient psychiatric beds to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office. The report shall include recommendations for utilizing
both public and public private partnership beds.
HEALTH AND HUMAN SERVICES POLICY AND
INITIATIVES
Sec. 1140.
From the funds appropriated in part 1 for primary care services, $400,000.00
shall be allocated to free health clinics operating in the state. The
department shall distribute the funds equally to each free health clinic. For
the purpose of this appropriation, “free health clinics” means nonprofit
organizations that use volunteer health professionals to provide care to uninsured
individuals.
Sec. 1142. The
department shall continue to seek means to increase retention of Michigan
medical school students for completion of their primary care residency
requirements within this state and ultimately, for some period of time, to
remain in this state and serve as primary care physicians. The department is
encouraged to work with Michigan institutions of higher education.
Sec. 1143.
From the funds appropriated in part 1 for primary care services, the department
shall allocate no less than $675,000.00 for island primary health care access
and services including island clinics, in the following amounts:
(a) Beaver
Island, $250,000.00.
(b) Mackinac
Island, $250,000.00.
(c) Drummond
Island, $150,000.00.
(d) Bois Blanc
Island, $25,000.00.
Sec. 1144.
From the funds appropriated in part 1, the department shall report by June 30
of the current fiscal year trended cost and utilization, including inpatient
and emergency department, claims data reports in aggregate by local community
health innovation regions (CHIRs) and specific to each Medicaid health plan for
their beneficiaries that were clients of local CHIRs, for the period beginning
with the fiscal year that ended September 30, 2015 through the current fiscal
year to the senate 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. 1145. The
department will take steps necessary to work with Indian Health
Service, tribal health program facilities, or Urban Indian Health Program
facilities that provide services under a contract with a Medicaid managed care
entity to ensure that those facilities receive the maximum amount allowable
under federal law for Medicaid services.
Sec. 1146.
From the funds appropriated in part 1 for bone marrow donor and blood bank
programs, $250,000.00 shall be allocated to Versiti Blood Center, the partner
of the match registry of the national marrow donor program. The funds shall be
used to offset ongoing tissue typing expenses associated with donor recruitment
and collection services and to expand those services to better serve the
citizens of this state.
Sec. 1147.
From the funds appropriated in part 1 for bone marrow
donor and blood bank programs, $500,000.00 shall be
allocated to Versiti Blood Center for a cord blood bank. The funds shall be
used to enhance the collection of fetal umbilical cord blood and stem cells for
transplant, expand cord blood laboratory capabilities, and expand the diversity
of collections.
Sec. 1151. The
department shall coordinate with the department of licensing and regulatory
affairs, the department of the attorney general, all appropriate law
enforcement agencies, and the Medicaid health plans to work with local
substance use disorder agencies and addiction treatment providers to help
inform Medicaid beneficiaries of all medically appropriate treatment options
for opioid addiction when their treating physician stops prescribing
prescription opioid medication for pain, and to address other appropriate
recommendations of the prescription drug and opioid abuse task force outlined
in its report of October 2015. By October 1 of the current fiscal year, the
department shall submit a report to the senate 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 on how the
department is working with local substance use disorder agencies and addiction
treatment providers to ensure that Medicaid beneficiaries are informed of all
available and medically appropriate treatment options for opioid addiction when
their treating physician stops prescribing prescription opioid medication for
pain, and to address other appropriate recommendations of the task force. The
report shall include any potential barriers to medication-assisted treatment,
as recommended by the Michigan medication-assisted treatment guidelines, for Medicaid
beneficiaries in both office-based opioid treatment and opioid treatment
program facility settings.
EPIDEMIOLOGY, EMERGENCY MEDICAL
SERVICES, AND LABORATORY
Sec. 1180.
From the funds appropriated in part 1 for epidemiology administration and for childhood
lead program, the department shall maintain a public health drinking water unit
and maintain enhanced efforts to monitor child blood lead levels. The public
health drinking water unit shall ensure that appropriate investigations of
potential health hazards occur for all community and noncommunity drinking
water supplies where chemical exceedances of action levels, health advisory
levels, or maximum contaminant limits are identified. The goals of the
childhood lead program shall include improving the identification of affected
children, the timeliness of case follow-up, and attainment of nurse care
management for children with lead exposure, and to achieve a long-term
reduction in the percentage of children in this state with elevated blood lead
levels.
Sec. 1181.
From the funds appropriated in part 1 for epidemiology administration, the
department shall maintain a vapor intrusion response unit. The vapor intrusion
response unit shall assess risks to public health at vapor intrusion sites and
respond to vapor intrusion risks where appropriate. The goals of the vapor
intrusion response unit shall include reducing the number of residents of this
state exposed to toxic substances through vapor intrusion and improving health
outcomes for individuals that are identified as having been exposed to vapor
intrusion.
(2) By April 1 of the current fiscal year,
the department shall provide a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
and the state budget office on the expenditures and activities undertaken by the
lead abatement program in the previous fiscal year from the funds appropriated
in part 1 for the healthy homes program. The report shall include, but is not
limited to, a funding allocation schedule, expenditures by category of
expenditure and by subcontractor, revenues received, description of program
elements, number of housing units abated of lead-based paint hazards, and
description of program accomplishments and progress.
Sec. 1183. The department shall not require
a medical first response service to submit data for purposes of the Michigan
emergency medical services information system if the medical first response
service is located in a county with a population of less than 85,000 according
to the most recent federal decennial census and is composed of only medical
first responders who provide services without expecting or receiving money,
goods, or services in return for providing those services. A medical first
response service described in this subsection shall ensure that a medical first
responder provides, in writing, at least all of the following information to an
emergency medical technician, emergency medical technician specialist, or
paramedic, arriving at the scene after the medical first responder:
(a) The time of the initial medical first
responder’s arrival at the scene.
(b) The patient’s condition at the time of
the initial medical first responder’s arrival at the scene.
(c) Information gathered from a patient
assessment, including, but not limited to, the patient’s vital signs and level
of consciousness.
Sec. 1184. (1) From the funds appropriated
in part 1 for emergency medical services program, the department shall, in
coordination with the state emergency medical services coordination committee
established under section 20915 of the public health code, 1978 PA 368, MCL
333.20915, medical control authorities, and other emergency medical services
organizations, review, revise, and improve the process for the consideration,
discussion, announcement, and implementation of any changes proposed by the
department for emergency medical services system guidance, guidelines, or
protocols.
(2) The goal to improve the current process
shall be the effective and safe provision of emergency medical services.
(3) The revised and improved process shall
include, but not be limited to, the following:
(a) Increased communication, transparency,
and collaboration, to culminate in clarity of, and real-time access to, current
department guidance, guidelines, or protocols, and the status of any changes
being considered.
(b) Formal notification of proposed changes
to guidance, guidelines, or protocols from the department to the state
emergency medical services coordination committee no less than 30 days prior to
implementation.
(c) Receipt by the department of a recommendation
from the state emergency medical services coordination committee regarding the
proposed changes to guidance, guidelines or protocols before implementation by
the department of the changes.
(4) The department shall provide access and
status updates, including any proposed rules being considered through the
administrative rules process, to the public on the department’s website, which
shall be updated by the department on a weekly basis.
(5) The department shall report to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies and policy offices, and the state budget
director by April 15 of the current fiscal year on the findings of the review
and include summaries of actions undertaken to identify, revise, and improve
any weaknesses in the current process.
Sec. 1185. From the funds appropriated in
part 1 for emergency medical services program, $25,000.00 is allocated for a
grant to fund a free family emergency readiness public expo event held in a
county with a population between 180,000 and 181,000 according to the most
recent federal decennial census. The purpose of the event shall be to educate
local residents about preparedness in an emergency, disaster, or crisis
including planning, assessing specific personal and household needs, and skills
to cope, survive, recover, and prevail.
LOCAL HEALTH AND ADMINISTRATIVE
SERVICES
Sec. 1220. The
amount appropriated in part 1 for implementation of the 1993 additions of or
amendments to sections 9161, 16221, 16226, 17014, 17015, and 17515 of the
public health code, 1978 PA 368,
Sec. 1221. If
a county that has participated in a district health department or an associated
arrangement with other local health departments takes action to cease to participate
in such an arrangement after October 1 of the current fiscal year, the
department shall have the authority to assess a penalty from the local health
department’s operational accounts in an amount equal to no more than 6.25% of
the local health department’s essential local public health services funding.
This penalty shall only be assessed to the local county that requests the
dissolution of the health department.
Sec. 1222. (1)
Funds appropriated in part 1 for essential local public health services shall
be prospectively allocated to local health departments to support
immunizations, infectious disease control, sexually transmitted disease control
and prevention, hearing screening, vision services, food protection, public
water supply, private groundwater supply, and on-site sewage management. Food
protection shall be provided in consultation with the department of agriculture
and rural development. Public water supply, private groundwater supply, and
on-site sewage management shall be provided in consultation with the department
of environment, Great Lakes, and energy.
(2) Local
public health departments shall be held to contractual standards for the
services in subsection (1).
(3)
Distributions in subsection (1) shall be made only to counties that maintain
local spending in the current fiscal year of at least the amount expended in
fiscal year 1992-1993 for the services described in subsection (1).
(4) By
February 1 of the current fiscal year, the department shall provide a report to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget director on the planned
allocation of the funds appropriated for essential local public health services.
(5) The
department shall continue implementation of the distribution formula for the
allocation of essential local public health services funding to local health
departments as specified by section 1234 of article X of 2018 PA 207.
(6) From the
funds appropriated in part 1 for essential local public health services, each
local public health department is allocated not less than the amount allocated
to that local public health department during the previous fiscal year.
Sec. 1225. The
department shall work with the Michigan health endowment fund corporation
established under section 653 of the nonprofit health care corporation reform
act, 1980 PA 350, MCL 550.1653, to explore ways to fund and evaluate current
and future policies and programs.
Sec. 1226.
From the funds appropriated in part 1 for chronic disease control and health
promotion administration, $500,000.00 shall be allocated for a school children’s
healthy exercise program to promote and advance physical health for school
children in kindergarten through grade 8. The department shall recommend model
programs for sites to implement that incorporate evidence-based best practices.
The department shall grant the funds appropriated in part 1 for before- and
after-school programs. The department shall establish guidelines for program sites,
which may include schools, community-based organizations, private facilities,
recreation centers, or other similar sites. The program format shall encourage
local determination of site activities and shall encourage local inclusion of
youth in the decision-making regarding site activities. Program goals shall
include children experiencing improved physical health and access to physical
activity opportunities, the reduction of obesity, providing a safe place to
play and exercise, and nutrition education. To be eligible to participate,
program sites shall provide a 20% match to the state funding, which may be
provided in full, or in part, by a corporation, foundation, or private partner.
The department shall seek financial support from corporate, foundation, or
other private partners for the program or for individual program sites.
Sec. 1227. The
department shall establish criteria for all funds allocated for health and
wellness initiatives. The criteria must include a requirement that all programs
funded be evidence-based and supported by research, include interventions that
have been shown to demonstrate outcomes that lower cost and improve quality,
and be designed for statewide impact. Preference must be given to programs that
utilize the funding as match for additional resources, including, but not
limited to, federal sources.
Sec. 1231. (1)
From the funds appropriated for local health services, up to $4,750,000.00
shall be allocated for grants to local public health departments to support
PFAS response and emerging public health threat activities. A portion of the
funding shall be allocated by the department in a collaborative fashion with
local public health departments in jurisdictions experiencing PFAS contamination.
The remainder of the funding shall be allocated to address infectious and
vector-borne disease threats, and other environmental contamination issues such
as vapor intrusion, drinking water contamination, and lead exposure. The
funding shall be allocated to address issues including, but not limited to,
staffing, planning and response, and creation and dissemination of materials
related to PFAS contamination issues and other emerging public health issues
and threats.
(2) By May 1
of the current fiscal year, the department shall provide a report to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, and the state budget office on actual expenditures in
the previous fiscal year and planned spending in the current fiscal year of the
funds described in subsection (1), including recipient entities, amount of
allocation, general category of allocation, and detailed uses.
Sec. 1232. The
department may work to ensure that the United States Department of Defense
shall reimburse the state for costs associated with PFAS and environmental
contamination response at military training sites and support facilities.
Sec. 1233.
General fund and state restricted fund appropriations in part 1 shall not be
expended for PFAS and environmental contamination response where federal
funding or private grant funding is available for the same expenditures.
Sec. 1238. The
department shall establish a workgroup to determine the cost of establishing
lead elimination and response. By March 1 of the current fiscal year, the
department shall provide a report on the findings of the workgroup to the house
and senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget director.
Sec. 1239. The
department shall participate in and give necessary assistance to the Michigan
PFAS action response team (MPART) pursuant to Executive Order No. 2019-03. The
department shall collaborate with MPART and other departments to carry out appropriate
activities, actions, and recommendations as coordinated by MPART. Efforts shall
be continuous to ensure that the department’s activities are not duplicative
with activities of another department or agency.
Sec. 1240.
From the funds appropriated in part 1 for chronic disease control and health
promotion administration, $70,000.00 is allocated to support a rare disease
review committee and responsibilities of the committee, which may include all
of the following:
(a) Develop a
list of rare diseases.
(b) Post the
list of rare diseases on the department’s website.
(c) Update the
list of rare diseases every 2 years.
(d) Annually
investigate and report to the legislature on 1 rare disease on the list, and
include legislative recommendations in the report.
FAMILY HEALTH SERVICES
Sec. 1301. (1)
Before April 1 of the current fiscal year, the department shall submit a report
to the house and senate fiscal agencies and the state budget director on
planned allocations from the amounts appropriated in part 1 for local
(a) Funding
allocations.
(b) Actual
number of women, children, and adolescents served and amounts expended for each
group for the immediately preceding fiscal year.
(c) A
breakdown of the expenditure of these funds between urban and rural
communities.
(2) The department
shall ensure that the distribution of funds through the programs described in
subsection (1) takes into account the needs of rural communities.
(3) For the
purposes of this section, “rural” means a county, city, village, or township
with a population of 30,000 or less, including those entities if located within
a metropolitan statistical area.
Sec. 1302.
Each family planning program receiving federal title X family planning funds
under 42
Sec. 1303. The department shall not contract with an organization that
provides elective abortions, abortion counseling, or abortion referrals, for
services that are to be funded with state restricted or state general
fund/general purpose funds appropriated in part 1 for family planning local
agreements. An organization under contract with the department shall not
subcontract with an organization that provides elective abortions, abortion
counseling, or abortion referrals, for services that are to be funded with
state restricted or state general fund/general purpose funds appropriated in
part 1 for family planning local agreements.
Sec. 1304. The
department shall not use state restricted funds or state general funds, or
allow grantees or subcontractors to use those funds, appropriated in part 1 in
the pregnancy prevention program or family planning local agreements
appropriation line items for abortion counseling, referrals, or services.
Sec. 1305. (1)
From the funds appropriated in part 1 for family planning local agreements and
the pregnancy prevention program, the department shall not contract with or
award grants to an entity that engages in 1 or more of the activities described
in section 1(2) of 2002 PA 360, MCL 333.1091, if the entity is located in a
county or health district where family planning or pregnancy prevention
services are provided by the county, the health district, or a qualified entity
that does not engage in any of the activities described in section 1(2) of 2002
PA 360, MCL 333.1091.
(2) The
department shall give priority to counties or health districts where no
contracts or grants currently exist for family planning or pregnancy prevention
services before contracting with or awarding grants to an entity that engages
in 1 or more of the activities described in section 1(2) of 2002 PA 360, MCL
333.1091, if that entity is located in a county where family planning and
pregnancy prevention services are provided by the county, the health district,
or another qualified entity that does not engage in the activities described in
section 1(2) of 2002 PA 360, MCL 333.1091.
Sec. 1306. (1)
From the funds appropriated in part 1 for the drinking water declaration of
emergency, the department shall allocate funds to address needs in a city in
which a declaration of emergency was issued because of drinking water
contamination. These funds may support, but are not limited to, the following
activities:
(a) Nutrition
assistance, nutritional and community education, food bank resources, and food
inspections.
(b)
Epidemiological analysis and case management of individuals at risk of elevated
blood lead levels.
(c) Support
for child and adolescent health centers, children’s healthcare access program,
and pathways to potential programming.
(d) Nursing
services, breastfeeding education, evidence-based home visiting programs,
intensive services, and outreach for children exposed to lead coordinated
through local community mental health organizations.
(e) Department
field operations costs.
(f) Lead
poisoning surveillance, investigations, treatment, and abatement.
(g)
Nutritional incentives provided to local residents through the double up food
bucks expansion program.
(h) Genesee
County health department food inspectors to perform water testing at local food
service establishments.
(i)
Transportation related to health care delivery.
(j) Senior
initiatives.
(k) Lead
abatement contractor workforce development.
(2) From the
funds appropriated in part 1 for the drinking water declaration of emergency,
the department shall allocate $300,000.00 for Revive Community Health Center
for health support services as the center pursues certification as a federally
qualified health center.
(3) From the funds
appropriated in part 1 for the drinking water declaration of emergency, the
department shall allocate $500,000.00 for rides to wellness through the Flint
mass transportation authority.
Sec. 1308.
From the funds appropriated in part 1 for prenatal care outreach and service
delivery support, not less than $500,000.00 of funding shall be allocated for
evidence-based programs to reduce infant mortality including nurse family
partnership programs. The funds shall be used for enhanced support and
education to nursing teams or other teams of qualified health professionals,
client recruitment in areas designated as underserved for obstetrical and
gynecological services and other high-need communities, strategic planning to
expand and sustain programs, and marketing and communications of programs to
raise awareness, engage stakeholders, and recruit nurses.
Sec. 1309. The
department shall allocate funds appropriated in section 117 of part 1 for
family, maternal, and child health according to section 1 of 2002 PA 360, MCL
333.1091.
Sec. 1310.
Each family planning program receiving federal title X family planning funds
under 42 USC 300 to 300a-8 must be in compliance with all title X rules
established by the Office of Population Affairs within the United States Department
of Health and Human Services. The department shall monitor all title X family
planning programs to ensure compliance with all federal title X rules. An
agency not in compliance with the rules shall not receive supplemental or
reallocated funds.
Sec. 1311.
From the funds appropriated in part 1 for prenatal care outreach and service
delivery support, not less than $2,750,000.00 state general fund/general
purpose funds shall be allocated for a rural home visit program. Equal
consideration shall be given to all eligible evidence-based providers in all
regions in contracting for rural home visitation services.
Sec. 1312. From the funds appropriated in part 1 for prenatal
care and premature birth avoidance grant, the department shall allocate $1,000,000.00
as a grant to help fulfill contract obligations between the department and a
federal Healthy Start Program located in a county with a population between
600,000 and 610,000 according to the most recent decennial census. To be
eligible to receive funding, the organization must be a partnership between
various health agencies, and utilize a social impact bonding strategy approved
by the department to enhance support to underserved populations for prenatal
care and premature birth avoidance.
Sec. 1313. (1) The department shall continue developing an
outreach program on fetal alcohol syndrome services, targeting health
promotion, prevention, and intervention as described in the Michigan fetal
alcohol spectrum disorders 5-year plan 2015-2020.
(2) The department shall explore federal grant funding to
address prevention services for fetal alcohol syndrome and reduce alcohol
consumption among pregnant women.
(3) By February 1 of the current fiscal year, the department
shall provide a report to the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, and the state
budget office on planned spending of appropriations within the department
budget for fetal alcohol syndrome projects and services, including
appropriation line item, agency or recipient entities, amount and purpose of
allocation, and detailed uses. The report shall include a summary of outcomes
accomplished by the funding investments and metrics used to determine outcomes,
if available.
Sec. 1314. The department shall seek to enhance education and
outreach efforts that encourage women of childbearing age to seek confirmation
at the earliest indication of possible pregnancy and initiate continuous and
routine prenatal care upon confirmation of pregnancy. The department shall seek
to ensure that department programs, policies, and practices promote prenatal
and obstetrical care by doing the following:
(a) Supporting access to care.
(b) Reducing and eliminating barriers to care.
(c) Supporting recommendations for best practices.
(d) Encouraging optimal prenatal habits such as prenatal
medical visits, use of prenatal vitamins, and cessation of use of tobacco,
alcohol, or drugs.
(e) Tracking of birth outcomes to study improvements in
prevalence of fetal drug addiction, fetal alcohol syndrome, and other
preventable neonatal disease.
(f) Tracking of maternal increase in healthy behaviors
following childbirth.
Sec. 1315. (1) From the funds appropriated in part 1 for
dental programs, $150,000.00 shall be allocated to the Michigan Dental
Association for the administration of a volunteer dental program that provides
dental services to the uninsured.
(2) By December 1 of the current fiscal year, the department
shall report to the senate and house appropriations subcommittees on the
department budget, the senate and house standing committees on health policy,
the senate and house fiscal agencies, and the state budget office the number of
individual patients treated, number of procedures performed, and approximate
total market value of those procedures from the previous fiscal year.
Sec. 1316. The department shall use revenue from mobile
dentistry facility permit fees received under section 21605 of the public
health code, 1978 PA 368, MCL 333.21605, to offset the cost of the permit
program.
Sec. 1317. (1) From the funds appropriated in part 1 for
dental programs, $1,550,000.00 of general fund/general purpose revenue and any
associated federal match shall be distributed to local health departments who
partner with a qualified nonprofit provider of dental services for the purpose
of providing high-quality dental homes for seniors, children, and adults
enrolled in Medicaid, and low-income uninsured.
(2) In order to be considered a qualified nonprofit provider
of dental services, the provider must demonstrate the following:
(a) An effective health insurance enrollment process for
uninsured patients.
(b) An effective process of charging patients on a sliding
scale based on the patient’s ability to pay.
(c) Utilization of additional fund sources including, but not
limited to, federal Medicaid matching funds.
(3) Providers shall report to the department by September 30
of the current fiscal year on outcomes and performance measures for the program
under this section including, but not limited to, the following:
(a) The number of uninsured patients who visited a
participating dentist over the previous year, broken down between adults and
children.
(b) The number of patients assisted with health insurance
enrollment, broken down between adults and children.
(c) A 5-year trend of the number of uninsured patients being
served, broken down between adults and children.
(d) The number of unique patient visits by center.
(e) The number
of unique Medicaid or Healthy Michigan plan patients served broken down by
center.
(f) The number
of children, seniors, and veterans served broken down by center.
(g) The total
value of services rendered by the organization broken down by center.
(4) Within 15
days after receipt of the report required in subsection (3), the department
shall provide a copy of the report to the senate 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. 1319. It
is the intent of the legislature that the department develop an oral health
screening and assessment program for children entering school, and pursue
alternative funding sources to aid in financing the program.
Sec. 1320. It
is the intent of the legislature that funds appropriated in part 1 that may be
expended for a public media campaign regarding publicly funded family planning
or pregnancy prevention services shall not be used to communicate in that media
campaign any message that implies, states, or can be interpreted to mean that
abortion is a method of family planning or pregnancy prevention.
Sec. 1322. The
department shall provide a report by April 15 of the current fiscal year to the
house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office on state immunization policy and practices. The report
shall include all of the following items:
(a) A list of
recommended vaccinations.
(b) The basis
and rationale for inclusion of each listed item.
(c) The
indicators, measures, and performance outcomes that document improvement in
human health for each listed item.
Sec. 1341. The
department shall utilize income eligibility and verification guidelines
established by the Food and Nutrition Service agency of the United States
Department of Agriculture in determining eligibility of individuals for the
special supplemental nutrition program for women, infants, and children (WIC)
as stated in current WIC policy.
CHILDREN’S SPECIAL HEALTH
Sec. 1360. The
department may do 1 or more of the following:
(a) Provide
special formula for eligible clients with specified metabolic and allergic
disorders.
(b) Provide
medical care and treatment to eligible patients with cystic fibrosis who are 21
years of age or older.
(c) Provide
medical care and treatment to eligible patients with hereditary coagulation
defects, commonly known as hemophilia, who are 21 years of age or older.
(d) Provide human
growth hormone to eligible patients.
(e) Provide
mental health care for mental health needs that result from, or are a symptom
of, the individual’s qualifying medical condition.
Sec. 1361.
From the funds appropriated in part 1 for medical care and treatment, the
department may spend those funds for the continued development and expansion of
telemedicine capacity to allow families with children in the children’s special
health care services program to access specialty providers more readily and in
a more timely manner. The department may spend funds to support chronic complex
care management of children enrolled in the children’s special health care
services program to minimize hospitalizations and reduce costs to the program
while improving outcomes and quality of life.
AGING AND ADULT SERVICES AGENCY
Sec. 1402. The
department may encourage the Food Bank Council of Michigan to collaborate
directly with each area agency on aging and any other organizations that
provide senior nutrition services to secure the food access of vulnerable
seniors.
Sec. 1403. (1)
By February 1 of the current fiscal year, the aging and adult services agency
shall require each region to report to the aging and adult services agency and
to the legislature home-delivered meals waiting lists based upon standard
criteria. Determining criteria shall include all of the following:
(a) The
recipient’s degree of frailty.
(b) The
recipient’s inability to prepare his or her own meals safely.
(c) Whether
the recipient has another care provider available.
(d) Any other
qualifications normally necessary for the recipient to receive home-delivered
meals.
(2) Data
required in subsection (1) shall be recorded only for individuals who have
applied for participation in the home-delivered meals program and who are
initially determined as likely to be eligible for home-delivered meals.
Sec. 1417. The department shall provide to
the senate and house appropriations subcommittees on the department budget,
senate and house fiscal agencies, and state budget director a report by March
30 of the current fiscal year that contains all of the following:
(a) The total allocation of state resources made to each area agency on
aging by individual program and administration.
(b) Detail expenditure by each area agency on aging by individual program
and administration including both state-funded resources and locally funded
resources.
Sec. 1421.
From the funds appropriated in part 1 for community services, $1,100,000.00
shall be allocated to area agencies on aging for locally determined needs.
Sec. 1422. (1)
From the funds appropriated in part 1 for aging and adult services
administration, not less than $300,000.00 shall be allocated for the department
to contract with the Prosecuting Attorneys Association of Michigan to provide
the support and services necessary to increase the capability of the state’s
prosecutors, adult protective service system, and criminal justice system to
effectively identify, investigate, and prosecute elder abuse and financial
exploitation.
(2) By March 1
of the current fiscal year, the Prosecuting Attorneys Association of Michigan
shall provide a report on the efficacy of the contract to the state budget
office, the house and senate appropriations subcommittees on the department
budget, the house and senate fiscal agencies, and the house and senate policy
offices.
Sec. 1425. The
department shall coordinate with the department of licensing and regulatory
affairs to ensure that, upon receipt of the order of suspension of a licensed
adult foster care home, home for the aged, or nursing home, the department of
licensing and regulatory affairs shall provide notice to the department, to the
house and senate appropriations subcommittees on the department budget, and to
the members of the house and senate that represent the legislative districts of
the county in which the facility lies.
Sec. 1426.
From the funds appropriated in part 1 for community services, $40,000.00 shall
be allocated for a senior call check pilot program. The purpose of the pilot
program is to allow an older person to voluntarily sign up to receive a daily
or weekly automated call checking on the older person’s well-being and possible
conversation with an individual. The department shall provide online and
toll-free telephone options for signing up for the pilot program. The program
shall be available to all residents of this state age 60 or over and shall
target isolated or homebound seniors to provide a check on mental health,
physical health and wellness, and address feelings of loneliness or depression.
MEDICAL SERVICES ADMINISTRATION
Sec. 1501. (1)
The unexpended funds appropriated in part 1 for the electronic health records
incentive 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 work project is to implement the Medicaid electronic health
record program that provides financial incentive payments to Medicaid health
care providers to encourage the adoption and meaningful use of electronic
health records to improve quality, increase efficiency, and promote safety.
(b) The
projects will be accomplished by utilizing state employees or contracts with
service providers, or both, and according to the approved federal advanced
planning document.
(c) The total
estimated cost of the work project is $37,477,500.00.
(d) The
tentative completion date is September 30, 2025.
(2) It is the
intent of the legislature that dental providers be eligible for the funds
available in part 1 for the Medicaid electronic health records incentive
program, and that distributions of the funds be made to assist eligible dental
providers to implement Medicaid electronic health records.
Sec. 1505. By
March 1 of the current fiscal year, the department shall submit a report to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office on the actual
reimbursement savings and cost offsets that have resulted from the funds
appropriated in part 1 for the office of inspector general and third party
liability efforts in the previous fiscal year.
Sec. 1506. The
department shall submit to the senate 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 quarterly reports on the
implementation status of the public assistance call center that include all of
the following information:
(a) Call
volume during the prior quarter.
(b) Percentage
of calls resolved through the public assistance call center.
(c) Percentage
of calls transferred to a local department office or other office for
resolution.
Sec. 1507.
From the funds appropriated in part 1 for office of inspector general, the
inspector general shall audit and recoup inappropriate or fraudulent payments
from Medicaid managed care organizations to health care providers. Unless
authorized by federal or state law, the department shall not fine, temporarily
halt operations of, disenroll as a Medicaid provider, or terminate a managed
care organization or health care provider from providing services due to the
discovery of an inappropriate payment found during the course of an audit.
Sec. 1509. By
September 30 of the current fiscal year, the department shall report to the
senate 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 on the implementation of employment-related activity
requirements for medical assistance. The report shall include, but is not
limited to, the number of recipients who are noncompliant with the required
self-sufficiency goals, an explanation of the actions undertaken, and the
number of recipients subject to employment-related activity requirements.
(a) The number of recipients currently
receiving employment supports and services through workforce development
programs.
(b) The total year-to-date number of
recipients who have received employment supports and services through workforce
development programs.
(c) The number of recipients who secured
employment in this state after receiving employment supports and services
through workforce development programs.
(d) A summary of employment supports and
services provided to recipients through workforce development programs.
Sec. 1512. The department shall update the
Medicaid utilization and net cost report to separate nonclinical administrative
costs from actual claims and encounters.
Sec. 1513. (1)
The department shall participate in a workgroup to determine an equitable and
adequate reimbursement methodology for Medicaid inpatient psychiatric hospital
care. The workgroup shall include representatives from the department, CMHSPs,
PIHPs, the Michigan Association of Health Plans, the Michigan Health and
Hospital Association, inpatient psychiatric facilities, Blue Cross Blue Shield
of Michigan, the Community Mental Health Association of Michigan, and other
individuals or organizations as determined appropriate by the department.
(2) By
September 30 of the current fiscal year, the workgroup shall report to the
senate 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 on the implementation of recommendations made by the
workgroup required by section 1513 of 2019 PA 67. The report shall include, but
is not limited to, the following:
(a)
Descriptions of the recommendations being implemented.
(b)
Descriptions of the recommendations not being implemented and barriers
preventing implementation.
(3) The department shall assist in providing data to inform the workgroup
discussion, assist in modeling appropriate reimbursement methods, and assist in
developing the final report.
Sec. 1514. From the funds appropriated in part 1 for medical services
administration, the department shall allocate $300,000.00 general fund/general
purpose revenue and any associated federal match to support a predictive
modeling tool to improve provider billing accuracy and reduce fraud, waste, and
abuse in the Medicaid program. The tool must provide a prepayment cost
avoidance solution that uses statistical predictive modeling techniques to
identify outlier claims.
Sec. 1515. A
qualified job placement agency may request contact information from the
department for Healthy Michigan plan recipients subject to the workforce
engagement requirements program in section 107b of the social welfare act,
1939 PA 280, MCL 400.107b, for the geographic region the agency services, who
have not verified their employment in the previous quarter and are at risk of
losing Medicaid benefits as a result of failure by the recipient to verify
employment. This contact information shall not include personal health
information or extensive personal identifying information. For the purposes of
this section, a “qualified job placement agency” means a regional Michigan
Works! agency or another nonprofit, governmental, or quasi-governmental body
that provides job placement assistance as designated by the department.
MEDICAL SERVICES
Sec. 1601. The
cost of remedial services incurred by residents of licensed adult foster care
homes and licensed homes for the aged shall be used in determining financial
eligibility for the medically needy. Remedial services include basic self-care
and rehabilitation training for a resident.
Sec. 1605. The
protected income level for Medicaid coverage determined pursuant to section
106(1)(b)(iii) of the social welfare
act, 1939 PA 280,
Sec. 1606. For
the purpose of guardian and conservator charges, the department may deduct up
to $83.00 per month as an allowable expense against a recipient’s income
when determining medical services eligibility and patient pay amounts.
Sec. 1607. (1)
An applicant for Medicaid, whose qualifying condition is pregnancy, shall
immediately be presumed to be eligible for Medicaid coverage unless the
preponderance of evidence in her application indicates otherwise. The applicant
who is qualified as described in this subsection shall be allowed to select or
remain with the Medicaid participating obstetrician of her choice.
(2) All
qualifying applicants shall be entitled to receive all medically necessary
obstetrical and prenatal care without preauthorization from a health plan. All
claims submitted for payment for obstetrical and prenatal care shall be paid at
the Medicaid fee-for-service rate in the event a contract does not exist
between the Medicaid participating obstetrical or prenatal care provider and
the managed care plan. The applicant shall receive a listing of Medicaid
physicians and managed care plans in the immediate vicinity of the applicant’s
residence.
(3) In the
event that an applicant, presumed to be eligible pursuant to subsection (1), is
subsequently found to be ineligible, a Medicaid physician or managed care plan
that has been providing pregnancy services to an applicant under this section
is entitled to reimbursement for those services until such time as they are
notified by the department that the applicant was found to be ineligible for
Medicaid.
(4) If the
preponderance of evidence in an application indicates that the applicant is not
eligible for Medicaid, the department shall refer that applicant to the nearest
public health clinic or similar entity as a potential source for receiving
pregnancy-related services.
(5) The
department shall develop an enrollment process for pregnant women covered under
this section that facilitates the selection of a managed care plan at the time
of application.
(6) The
department shall mandate enrollment of women, whose qualifying condition is
pregnancy, into Medicaid managed care plans.
(7) The
department shall encourage physicians to provide women, whose qualifying condition
for Medicaid is pregnancy, with a referral to a Medicaid participating dentist
at the first pregnancy-related appointment.
Sec. 1611. (1)
For care provided to medical services recipients with other third-party sources
of payment, medical services reimbursement shall not exceed, in combination
with such other resources, including Medicare, those amounts established for
medical services-only patients. The medical services payment rate shall be
accepted as payment in full. Other than an approved medical services
co-payment, no portion of a provider’s charge shall be billed to the recipient
or any person acting on behalf of the recipient. Nothing in this section shall
be considered to affect the level of payment from a third-party source other
than the medical services program. The department shall require a nonenrolled
provider to accept medical services payments as payment in full.
(2)
Notwithstanding subsection (1), medical services reimbursement for hospital
services provided to dual Medicare/medical services recipients with Medicare part
B coverage only shall equal, when combined with payments for Medicare and other
third-party resources, if any, those amounts established for medical
services-only patients, including capital payments.
Sec. 1615. (1)
To minimize errors and overpayments, and to ensure the quality of actuarial
rate setting of capitated rates, the department shall provide effective
oversight and ensure the integrity of encounter claims submitted to the
department by Medicaid health plans.
(2) The
department may require Medicaid health plans to provide medical records to
support claims data, upon request by the department. This subsection shall not
require the disclosure of personal identifying information or any information
that would be in violation of the health insurance portability and
accountability act of 1996, Public Law 104-191.
(3) It is the
intent of the legislature that the department perform annual internal audits of
Medicaid claims provided by Medicaid health plans and report the findings to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, the house and senate policy offices, and the
state budget office. Internal audits performed under this subsection shall be
conducted utilizing quantitative methodologies that provide for valid
statistical results to include, but not be limited to, minimizing the impact of
selection bias and insufficient sample sizes.
(4) If an
internal audit performed in accordance with this section identifies
discrepancies in the quality of actuarial rates, the department shall develop
and implement actuarial procedures to reconcile encounter claims data and shall
provide for a publicly available explanation of these procedures on the department’s
website.
Sec. 1620. (1)
For fee-for-service Medicaid claims, the professional dispensing fee for drugs
indicated as specialty medications on the Michigan pharmaceutical products list
is $20.02 or the pharmacy’s usual or customary cash charge, whichever is less.
(2) For
fee-for-service Medicaid claims, for drugs not indicated as specialty drugs on
the Michigan pharmaceutical products list, the professional dispensing fee for
medications is as follows:
(a) For
medications indicated as preferred on the department’s preferred drug list,
$10.80 or the pharmacy’s usual or customary cash charge, whichever is less.
(b) For medications not on the department’s preferred drug
list, $10.64 or the pharmacy’s usual or customary cash charge, whichever is
less.
(c) For medications indicated as nonpreferred on the
department’s preferred drug list, $9.00 or the pharmacy’s usual or customary
cash charge, whichever is less.
(3) The department shall require a prescription co-payment
for Medicaid recipients not enrolled in the Healthy Michigan plan or with an
income less than 100% of the federal poverty level of $1.00 for a generic drug
indicated as preferred on the department’s preferred drug list and $3.00 for a
brand-name drug indicated as nonpreferred on the department’s preferred drug
list, except as prohibited by federal or state law or regulation.
(4) The department shall require a prescription co-payment
for Medicaid recipients enrolled in the Healthy Michigan plan with an income of
at least 100% of the federal poverty level of $4.00 for a generic drug indicated
as preferred on the department’s preferred drug list and $8.00 for a brand-name
drug indicated as nonpreferred on the department’s preferred drug list, except
as prohibited by federal or state law or regulation.
Sec. 1625. (1) Beginning February 1, 2021, the department
shall not enter into any contract with a Medicaid managed care organization
that relies on a pharmacy benefit manager that does not do all of the
following:
(a) For pharmacies with not more than 7 retail outlets,
utilizes a pharmacy reimbursement methodology of the national average drug
acquisition cost plus a professional dispensing fee comparable to the
applicable professional dispensing fee provided through section 1620. The
pharmacy benefit manager or the involved pharmacy services administrative
organization shall not receive any portion of the additional professional
dispensing fee. The department shall identify the pharmacies this subdivision
applies to and provide the list of applicable pharmacies to the Medicaid
managed care organizations.
(b) For pharmacies with not more than 7 retail outlets,
utilizes a pharmacy reimbursement methodology, when a national average drug
acquisition cost price is not available, for brand drugs of the lesser of the
wholesale acquisition cost, the average wholesale price less 16.7% plus a
professional dispensing fee comparable to the applicable professional
dispensing fee provided through section 1620, or the usual and customary charge
by the pharmacy. The department shall identify the pharmacies this subdivision
applies to and provide the list of applicable pharmacies to the Medicaid
managed care organizations.
(c) For pharmacies with not more than 7 retail outlets,
utilizes a pharmacy reimbursement methodology, when a national average drug
acquisition cost price is not available, for generic drugs of the lesser of
wholesale acquisition cost plus a professional dispensing fee comparable to the
applicable professional dispensing fee provided through section 1620, average
wholesale price less 30.0% plus a professional dispensing fee comparable to the
applicable professional dispensing fee provided through section 1620, or the
usual and customary charge by the pharmacy. The department shall identify the
pharmacies this subdivision applies to and provide the list of applicable
pharmacies to the Medicaid managed care organizations.
(d) Reimburses for a legally valid claim at a rate not less
than the rate in effect at the time the original claim adjudication as
submitted at the point of sale.
(e) Agrees to move to a transparent “pass-through” pricing
model, in which the pharmacy benefit manager discloses the administrative fee
as a percentage of the professional dispensing costs to the department.
(f) Agrees to not create new pharmacy administration fees and
to not increase current fees more than the rate of inflation. This subdivision
does not apply to any federal rule or action that creates a new fee.
(g) Agrees to not terminate an existing contract with a pharmacy
with not more than 7 retail outlets for the sole reason of the additional
professional dispensing fee authorized under this section.
(2) Nothing in this section shall prohibit a Medicaid managed
care organization from implementing this section before February 1, 2021.
Sec. 1626. (1) By January 15 of the current fiscal year, each
pharmacy benefit manager that receives reimbursements, either directly or
through a Medicaid health plan, from the funds appropriated in part 1 for
medical services must submit all of the following information to the department
for the previous fiscal year:
(a) The total number of prescriptions that were dispensed.
(b) The aggregate wholesale acquisition cost for each drug on
its formulary.
(c) The aggregate amount of rebates, discounts, and price
concessions that the pharmacy benefit manager received for each drug on its
formulary. The amount of rebates shall include any utilization discounts the
pharmacy benefit manager receives from a manufacturer.
(d) The aggregate amount of administrative fees that the
pharmacy benefit manager received from all pharmaceutical manufacturers.
(e) The aggregate amount identified in subdivisions (b) and
(c) that were retained by the pharmacy benefit manager and did not pass through
to the department or to the Medicaid health plan.
(f) The aggregate amount of reimbursements the pharmacy
benefit manager pays to contracting pharmacies.
(g) Any other information as deemed necessary by the
department.
(2) By March 1 of the current fiscal year, the department
shall submit the information provided under subsection (1) to the house and
senate appropriations subcommittees on the department budget, the house and
senate fiscal agencies, the house and senate policy offices, and the state
budget office.
(3) Any nonaggregated information submitted under this section
shall be confidential and shall not be disclosed to any person by the
department. Such information shall not be deemed a public record of the
department.
Sec. 1629. The department shall utilize maximum allowable
cost pricing for generic drugs that is based on wholesaler pricing to providers
that is available from at least 2 wholesalers who deliver in this state.
Sec. 1631. (1) The department shall require co-payments on
dental, podiatric, and vision services provided to Medicaid recipients, except
as prohibited by federal or state law or regulation.
(2) Except as otherwise prohibited by federal or state law or
regulation, the department shall require Medicaid recipients not enrolled in
the Healthy Michigan plan or with an income less than 100% of the federal
poverty level to pay not less than the following co-payments:
(a) Two dollars for a physician office visit.
(b) Three dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital
stay.
(d) Two dollars for an outpatient hospital visit.
(3) Except as otherwise prohibited by federal or state law or
regulation, the department shall require Medicaid recipients enrolled in the
Healthy Michigan plan with an income of at least 100% of the federal poverty
level to pay the following co-payments:
(a) Four dollars for a physician office visit.
(b) Eight dollars for a hospital emergency room visit.
(c) One hundred dollars for the first day of an inpatient
hospital stay.
(d) Four dollars for an outpatient hospital visit or any
other medical provider visit to the extent allowed by federal or state law or
regulation.
Sec. 1641. An institutional provider that is required to
submit a cost report under the medical services program shall submit cost
reports completed in full within 5 months after the end of its fiscal year.
Sec. 1645. (1) It is the intent of the legislature that the
department establish the class I nursing facility current asset value bed limit
based on the rolling 15-year history of new construction.
(2) It is the intent of the legislature that, for the fiscal
year beginning October 1, 2020, the department modify the class I nursing
facility current asset value bed limit based on the rolling 15-year history of
new construction. The increase in the current asset value bed limit shall not
exceed 4% of the limit for the fiscal year beginning October 1, 2019.
Sec. 1646. (1) From the funds appropriated in part 1 for
long-term care services, the department shall continue to administer a nursing
facility quality measure initiative program. The initiative shall be financed
through the quality assurance assessment for nursing homes and hospital
long-term care units, and the funds shall be distributed according to the
following criteria:
(a) The department shall award more dollars to nursing
facilities that have a higher CMS 5-star quality measure domain rating, then
adjusted to account for both positive and negative aspects of a patient
satisfaction survey.
(b) A nursing facility with a CMS 5-star quality measure
domain star rating of 1 or 2 must file an action plan with the department
describing how it intends to use funds appropriated under this section to
increase quality outcomes before funding shall be released.
(c) The total incentive dollars must reflect the following Medicaid
utilization scale:
(i) For nursing
facilities with a Medicaid participation rate of above 63%, the facility shall
receive 100% of the incentive payment.
(ii) For nursing
facilities with a Medicaid participation rate between 50% and 63%, the facility
shall receive 75% of the incentive payment.
(iii) For nursing
facilities with a Medicaid participation rate of less than 50%, the facility
shall receive a payment proportionate to their Medicaid participation rate.
(iv) For nursing
facilities not enrolled in Medicaid, the facility shall not receive an
incentive payment.
(d) Facilities designated as special focus facilities are not
eligible for any payment under this section.
(e) Number of licensed beds.
(2) The department and nursing facility representatives shall
evaluate the quality measure incentive program’s effectiveness on quality,
measured by the change in the CMS 5-star quality measure domain rating since
the implementation of quality measure incentive program. By March 1 of the
current fiscal year, the department shall report to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the senate and house policy offices on the findings of the
evaluation.
Sec. 1657. (1) Reimbursement for medical services to screen
and stabilize a Medicaid recipient, including stabilization of a psychiatric
crisis, in a hospital emergency room shall not be made contingent on obtaining
prior authorization from the recipient’s HMO. If the recipient is discharged
from the emergency room, the hospital shall notify the recipient’s HMO within
24 hours of the diagnosis and treatment received.
(2) If the treating hospital determines that the recipient
will require further medical service or hospitalization beyond the point of
stabilization, that hospital shall receive authorization from the recipient’s
HMO prior to admitting the recipient.
(3) Subsections (1) and (2) do not require an alteration to
an existing agreement between an HMO and its contracting hospitals and do not
require an HMO to reimburse for services that are not considered to be
medically necessary.
Sec. 1662. (1) The department shall ensure that an external
quality review of each contracting HMO is performed that results in an analysis
and evaluation of aggregated information on quality, timeliness, and access to
health care services that the HMO or its contractors furnish to Medicaid
beneficiaries.
(2) The department shall require Medicaid HMOs to provide
EPSDT utilization data through the encounter data system, and HEDIS well child
health measures in accordance with the National Committee for Quality Assurance
prescribed methodology.
(3) The department shall provide a copy of the analysis of
the Medicaid HMO annual audited HEDIS reports and the annual external quality
review report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the state budget
director, within 30 days of the department’s receipt of the final reports from
the contractors.
Sec. 1670. (1) The appropriation in part 1 for the MIChild
program is to be used to provide comprehensive health care to all children
under age 19 who reside in families with income at or below 212% of the federal
poverty level, who are uninsured and have not had coverage by other
comprehensive health insurance within 6 months of making application for
MIChild benefits, and who are residents of this state. The department shall
develop detailed eligibility criteria through the medical services administration
public concurrence process, consistent with the provisions of this part and part 1.
(2) The department may provide up to 1 year of continuous
eligibility to children eligible for the MIChild program unless the family
fails to pay the monthly premium, a child reaches age 19, or the status of the
children’s family changes and its members no longer meet the eligibility
criteria as specified in the state plan.
(3) The department may make payments on behalf of children
enrolled in the MIChild program as described in the MIChild state plan approved
by the United States Department of Health and Human Services, or from other
medical services.
Sec. 1673. The department may establish premiums for MIChild
eligible individuals in families with income at or below 212% of the federal
poverty level. The monthly premiums shall be $10.00 per month.
Sec. 1677. The MIChild program shall provide, at a minimum,
all benefits available under the Michigan benchmark plan that are delivered
through contracted providers and consistent with federal law, including, but
not limited to, the following medically necessary services:
(a) Inpatient mental health services, other than substance
use disorder treatment services, including services furnished in a
state-operated mental hospital and residential or other 24-hour therapeutically
planned structured services.
(b) Outpatient mental health services, other than substance
use disorder services, including services furnished in a state-operated mental
hospital and community-based services.
(c) Durable medical equipment and prosthetic and orthotic
devices.
(d) Dental services as outlined in the approved MIChild state
plan.
(e) Substance use disorder treatment services that may
include inpatient, outpatient, and residential substance use disorder treatment
services.
(f) Care management services for mental health diagnoses.
(g) Physical therapy, occupational therapy, and services for
individuals with speech, hearing, and language disorders.
(h) Emergency ambulance services.
Sec. 1682. (1) In addition to the appropriations in part 1,
the department is authorized to receive and spend penalty money received as the
result of noncompliance with medical services certification regulations.
Penalty money, characterized as private funds, received by the department shall
increase authorizations and allotments in the long-term care accounts.
(2) Any unexpended penalty money, at the end of the year,
shall carry forward to the following year.
Sec. 1692. (1) The department is authorized to pursue reimbursement
for eligible services provided in Michigan schools from the federal Medicaid
program. The department and the state budget director are authorized to
negotiate and enter into agreements, together with the department of education,
with local and intermediate school districts regarding the sharing of federal
Medicaid services funds received for these services. The department is
authorized to receive and disburse funds to participating school districts
pursuant to such agreements and state and federal law.
(2) From the funds appropriated in part 1 for medical
services school-based services payments, the department is authorized to do all
of the following:
(a) Finance activities within the medical services
administration related to this project.
(b) Reimburse participating school districts pursuant to the
fund-sharing ratios negotiated in the state-local agreements authorized in
subsection (1).
(c) Offset general fund costs associated with the medical
services program.
Sec. 1693. The special Medicaid reimbursement appropriation
in part 1 may be increased if the department submits a medical services state
plan amendment pertaining to this line item at a level higher than the
appropriation. The department is authorized to appropriately adjust financing
sources in accordance with the increased appropriation.
Sec. 1694. From the funds appropriated in part 1 for special
Medicaid reimbursement, $1,121,400.00 of general fund/general purpose revenue
and any associated federal match shall be distributed for poison control
services to an academic health care system that has a high indigent care
volume.
Sec. 1696. It is the intent of the legislature that if an
applicant for Medicaid coverage through the Healthy Michigan plan received
medical coverage in the previous fiscal year through traditional Medicaid, and
is still eligible for coverage through traditional Medicaid, the applicant is
not eligible to receive coverage through the Healthy Michigan plan.
Sec. 1697. The department shall require that Medicaid health
plans administering Healthy Michigan plan benefits maintain a network of dental
providers in sufficient numbers, mix, and geographic locations throughout their
respective service areas in order to provide adequate dental care for Healthy
Michigan plan enrollees.
Sec. 1699. (1) The department may make separate payments in
the amount of $45,000,000.00 directly to qualifying hospitals serving a
disproportionate share of indigent patients and to hospitals providing GME
training programs. If direct payment for GME and DSH is made to qualifying
hospitals for services to Medicaid recipients, hospitals shall not include GME
costs or DSH payments in their contracts with HMOs.
(2) The department shall allocate $45,000,000.00 in DSH
funding using the distribution methodology used in fiscal year 2003-2004.
Sec. 1700. By December 1 of the current fiscal year, the
department shall report to the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and the state
budget office on the distribution of funding provided, and the net benefit if
the special hospital payment is not financed with general fund/general purpose
revenue, to each eligible hospital during the previous fiscal year from the
following special hospital payments:
(a) DSH, separated out by unique DSH pool.
(b) GME.
(c) Special rural hospital payments provided under section
1802(2) of this part.
(d) Lump-sum payments to rural hospitals for obstetrical care
provided under section 1802(1) of this part.
Sec. 1702. From the funds appropriated in part 1, the
department shall provide a 10% rate increase for private duty nursing services for Medicaid beneficiaries
under the age of 21. These additional funds must be used to attract and retain
highly qualified registered nurses and licensed practical nurses to provide
private duty nursing services so that medically frail children can be cared for
in the most homelike setting possible.
Sec. 1704. (1) From the funds appropriated in part 1 for
health plan services, the department shall maintain the Medicaid adult dental
benefit for pregnant women enrolled in a Medicaid program.
(2) By April 15 of the current fiscal year, the department
shall report to the house and senate appropriations subcommittees on the
department budget, the house and senate fiscal agencies, and the state budget
office on the following:
(a) The number of pregnant women enrolled in Medicaid who
visited a dentist over the prior year.
(b) The number of dentists statewide who participate in
providing dental services to pregnant women enrolled in Medicaid.
Sec. 1757. The department shall obtain proof from all
Medicaid recipients that they are legal United States citizens or otherwise
legally residing in this country and that they are residents of this state
before approving Medicaid eligibility.
Sec. 1763. It is the intent of the legislature that upon
expiration of contract no. 071b7700073, the department shall issue an
RFP for a 3-year contract for actuarial services, including, but not limited
to, capitation rate setting for Medicaid and the Healthy Michigan plan. The
department shall notify the senate and house appropriations subcommittees on
the department budget, the senate and house fiscal agencies, and the senate and
house policy offices on what vendors submitted bids for the contract, which
vendor received the contract, the evaluation process, and the criteria used by
the department in awarding the contract for actuarial services.
Sec. 1764. The
department shall annually certify whether rates paid to Medicaid health plans
and specialty PIHPs are actuarially sound in accordance with federal
requirements and shall provide a copy of the rate certification and approval of
rates paid to Medicaid health plans and specialty PIHPs within 5 business days
after certification or approval to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget office. Following the rate certification, the department
shall ensure that no new or revised state Medicaid policy bulletin that is
promulgated materially impacts the capitation rates that have been certified in
a negative manner.
Sec. 1775. (1)
By March 1 of the current fiscal year, the department shall report to the
senate and house appropriations subcommittees on the department budget, the
senate and house fiscal agencies, and the state budget office on progress in
implementing the waiver to implement managed care for individuals who are
eligible for both Medicare and Medicaid, known as MI Health Link, including any
problems and potential solutions as identified by the ombudsman described in
subsection (2).
(2) The
department shall ensure the existence of an ombudsman program that is not
associated with any project service manager or provider to assist MI Health
Link beneficiaries with navigating complaint and dispute resolution mechanisms
and to identify problems in the demonstrations and in the complaint and dispute
resolution mechanisms.
Sec. 1782.
Subject to federal approval, from the funds appropriated in part 1 for health
plan services, the department shall allocate $740,000.00 general fund/general
purpose plus any available work project funds and federal match through an
administered contract with oversight from Medical Services Administration and Public
Health Administration. The funds shall be used to support a statewide media
campaign for improving this state’s immunization rates.
Sec. 1790. The
department shall increase the practitioner rates paid for current procedural
terminology (CPT) codes 90791 through 90899 for psychiatric procedures through
Medicaid fee-for-service and through the comprehensive Medicaid health plans by
15%, compared to the October 2019 fee schedule, for psychiatric procedures
provided for Medicaid recipients under the age of 21. It is the intent of the
legislature that the CPT specific rates paid through the comprehensive Medicaid
health plans are not increased by a uniform 15% but reflect the greater of
either the actual rates paid during the previous fiscal year or 100% of the
Medicare rate received for those services on the date the services are
provided.
Sec. 1791.
From the funds appropriated in part 1 for health plan services and physician
services, the department shall provide Medicaid reimbursement rates for
neonatal services at 95% of the Medicare rate received for those services in
effect on the date the services are provided to eligible Medicaid recipients.
The current procedural terminology (CPT) codes that are eligible for this
reimbursement rate increase are 99468, 99469, 99471, 99472, 99475, 99476,
99477, 99478, 99479, and 99480.
Sec. 1792. By April 30 of the current fiscal
year, the department shall evaluate pharmacy encounter data through the first 2
quarters of the fiscal year to determine, in consultation with the Medicaid
health plans, if rates must be recertified. By May 30 of the current fiscal
year, the department shall report the evaluation results to the senate and
house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, the state budget
office, and the Medicaid health plans.
Sec. 1801. (1)
From the funds appropriated in part 1 for physician services and health plan
services, the department shall continue the increase to Medicaid rates for
primary care services provided only by primary care providers. For the purpose
of this section, a primary care provider is a physician, or a practitioner
working in collaboration with a physician, who is either licensed under part
170 or part 175 of the public health code, 1978 PA 368, MCL 333.17001 to
333.17097 and 333.17501 to 333.17556, and working as a primary care provider in
general practice or board-eligible or certified with a specialty designation of
family medicine, general internal medicine, or pediatric medicine, or a
provider who provides the department with documentation of equivalency.
Providers performing a service and whose primary practice is as a
non-primary-care subspecialty is not eligible for the increase. The department
shall establish policies that most effectively limit the increase to primary
care providers for primary care services only.
(2) By March 1
of the current fiscal year, the department shall provide to the senate and
house appropriations subcommittees on the department budget, the senate and
house fiscal agencies, the senate and house policy offices, and the state
budget office a list of medical specialties that were paid enhanced primary
care rates in the fiscal year ending September 30, 2019.
Sec. 1802. (1) From the funds appropriated in part 1 for
hospital services and therapy, $7,995,200.00 in general fund/general purpose
revenue shall be provided as lump-sum payments to noncritical access hospitals
that qualified for rural hospital access payments in fiscal year 2013-2014 and
that provide obstetrical care in the current fiscal year. Payment amounts shall
be based on the volume of obstetrical care cases and newborn care cases for all
such cases billed by each qualified hospital in the most recent year for which
data is available. Payments shall be made by January 1 of the current fiscal
year.
(2) From the funds appropriated in part 1 for hospital
services and therapy and Healthy Michigan plan, $13,904,800.00 in general
fund/general purpose revenue and any associated federal match shall be awarded
as rural access payments to noncritical access hospitals that meet criteria
established by the department for services to low-income rural residents. One
of the reimbursement components of the distribution formula shall be assistance
with labor and delivery services. The department shall ensure that the rural
access payments described in this subsection shall be distributed in a manner
that ensures both of the following:
(a) No hospital shall receive more than 10.0% of the total
rural access funding referenced in this subsection.
(b) To allow hospitals to understand their rural payment
amounts under this subsection, the department shall provide hospitals with the
methodology for distribution under this subsection and provide each hospital
with its applicable data that are used to determine the payment amounts by
August 1 of the current fiscal year. The department shall publish the
distribution of payments for the current fiscal year and the immediately
preceding fiscal year.
Sec. 1803. The department shall maintain rules to allow for
billing to and reimbursement by the Medicaid program directly for transportation
charges related to portable x-ray services rendered to patients residing in a
nursing facility or an assisted living facility, or who are otherwise
homebound. By October 1 of the current fiscal year, the department shall set
payment rates for Medicaid transportation charges related to portable x-ray
services.
Sec. 1804. (1) The department shall utilize the federal public
assistance reporting information system to identify Medicaid recipients who are
veterans and who may be eligible for federal veterans’ health care benefits or
other benefits. The department shall identify the specific outcomes and
performance reporting requirements described in this section. The department
shall acquire all of the following information by January 1 of the current fiscal
year and report to the senate and house appropriations subcommittees on the
department budget, the senate and house fiscal agencies, and the senate and
house policy offices on the following:
(a) The number of veterans identified by the department
through eligibility determinations.
(b) The number of veterans referred to the department of
military and veterans affairs.
(c) The number of referrals made by the department that were
contacted by the department of military and veterans affairs.
(d) The number of referrals made by the department that were
eligible for veterans health care benefits or other benefits.
(e) The specific actions and efforts undertaken by the
department and the department of military and veterans affairs to identify
female veterans who are applying for public assistance benefits, but who are
eligible for veterans benefits.
(2) By October 1 of the current fiscal year, the department
shall change the public assistance application form from asking whether the
prospective applicant was a veteran to asking whether the applicant had ever
served in the military.
(3) This section does not prohibit the department from
entering into interagency agreements with any other public department or agency
in this state in order to obtain the information detailed in subsection (1).
Sec. 1810. In advance of the annual rate setting development,
Medicaid health plans shall be given at least 60 days to dispute and correct
any discarded encounter data before rates are certified. The department shall
notify each contracting Medicaid health plan of any encounter data that have
not been accepted for the purposes of rate setting.
Sec. 1812. By June 1 of the current fiscal year, and using
the most recent available cost reports, the department shall complete a report of
all direct and indirect costs associated with residency training programs for
each hospital that receives funds appropriated in part 1 for graduate medical
education or through the MiDocs consortium. The report shall be submitted to
the house and senate appropriations subcommittees on the department budget, the
house and senate fiscal agencies, and the state budget office.
Sec. 1820. (1) In order to avoid duplication of efforts, the
department shall utilize applicable national accreditation review criteria to
determine compliance with corresponding state requirements for Medicaid health
plans that have been reviewed and accredited by a national accrediting entity
for health care services.
(2) The department shall continue to comply with state and
federal law and shall not initiate an action that negatively impacts
beneficiary safety.
(3) As used in this section, “national accrediting entity”
means the National Committee for Quality Assurance, the URAC, formerly known as
the Utilization Review Accreditation Commission, or other appropriate entity,
as approved by the department.
Sec. 1837. The department shall continue, and expand where
appropriate, utilization of telemedicine and telepsychiatry as strategies to
increase access to services for Medicaid recipients.
Sec. 1846. From the funds appropriated in part 1 for graduate
medical education, the department shall distribute the funds with an emphasis
on the following health care workforce goals:
(a) The encouragement of the training of physicians in
specialties, including primary care, that are necessary to meet the future
needs of residents of this state.
(b) The training of physicians in settings that include
ambulatory sites and rural locations.
Sec. 1850. The department may allow Medicaid health plans to assist
with maintaining eligibility through outreach activities to ensure continuation
of Medicaid eligibility and enrollment in managed care. This may include
mailings, telephone contact, or face-to-face contact with beneficiaries
enrolled in the individual Medicaid health plan. Health plans may offer
assistance in completing paperwork for beneficiaries enrolled in their plan.
Sec. 1851. From the funds appropriated in part 1 for adult
home help services, the department shall allocate $150,000.00 state general
fund/general purpose revenue plus any associated federal match to develop and
deploy a mobile electronic visit verification solution to create administrative
efficiencies, reduce error, and minimize fraud. The development of the solution
shall be predicated on input from the results of the 2017 stakeholder survey.
Sec. 1855. From the funds appropriated in part 1 for program
of all-inclusive care for the elderly (PACE), to the extent that funding is
available in the PACE line item and unused program slots are available, the
department may do the following:
(a) Increase the number of slots for an already-established
local PACE program if the local PACE program has provided appropriate
documentation to the department indicating its ability to expand capacity to
provide services to additional PACE clients.
(b) Suspend the 10 member per month individual PACE program
enrollment increase cap in order to allow unused and unobligated slots to be
allocated to address unmet demand for PACE services.
Sec. 1856. (1) From the funds appropriated in part 1 for
hospice services, $3,318,000.00 shall be expended to provide room and board for
Medicaid recipients who meet hospice eligibility requirements and receive
services at Medicaid enrolled hospice residences in this state. The department
shall distribute funds through grants based on the total beds located in all
eligible residences that have been providing these services as of October 1,
2017. Any eligible grant applicant may inform the department of their request
to reduce the grant amount allocated for their residence and the funds shall be
distributed proportionally to increase the total grant amount of the remaining
grant-eligible residences. Grant amounts shall be paid out monthly with 1/12 of
the total grant amount distributed each month to the grantees.
(2) By September 15 of the current fiscal year, each
Medicaid-enrolled hospice with a residence that receives funds under this
section shall provide a report to the department on the utilization of the
grant funding provided in subsection (1). The report shall be provided in a
format prescribed by the department and shall include the following:
(a) The number of patients served.
(b) The number of days served.
(c) The daily room and board rates for the patients served.
(d) If there is not sufficient funding to cover the total
room and board need, the number of patients who did not receive care due to
insufficient grant funding.
(3) If there is funding remaining at the end of the current
fiscal year, the Medicaid-enrolled hospice with a residence shall return
funding to the state.
Sec. 1857. By July 1 of the current fiscal year, the department
shall explore the implementation of a managed care long-term support service.
Sec. 1858. By April 1 of the current fiscal year, the
department shall report to the senate and house appropriations subcommittees on
the department budget and the senate and house fiscal agencies on all of the
following elements related to the current Medicaid pharmacy carve-out of
pharmaceutical products as provided for in section 109h of the social welfare
act, 1939 PA 280, MCL 400.109h:
(a) The number of prescriptions paid by the department during
the previous fiscal year.
(b) The total amount of expenditures for prescriptions paid
by the department during the previous fiscal year.
(c) The number of and total expenditures for prescriptions
paid for by the department for generic equivalents during the previous fiscal
year.
Sec. 1859. The department shall partner with the Michigan
Association of Health Plans (MAHP) and Medicaid health plans to develop and
implement strategies for the use of information technology services for
Medicaid research activities. The department shall make available state medical
assistance program data, including Medicaid behavioral data, to MAHP and
Medicaid health plans or any vendor considered qualified by the department for
the purpose of research activities consistent with this state’s goals of
improving health; increasing the quality, reliability, availability, and continuity
of care; and reducing the cost of care for the eligible population of Medicaid
recipients.
Sec. 1860. By March 1 of the current fiscal year, the
department shall provide a report to the senate and house appropriations
subcommittees, the senate and house fiscal agencies, and the state budget
office on uncollected co-pays and premiums in the Healthy Michigan plan. The
report shall include information on the number of participants who have not
paid their co-pays and premiums, the total amount of uncollected co-pays and
premiums, and steps taken by the department and health plans to ensure greater
collection of co-pays and premiums.
Sec. 1862. From the funds appropriated in part 1, the
department shall maintain payment rates for Medicaid obstetrical services at
95% of Medicare levels effective October 1, 2014.
Sec. 1867. (1) The department shall continue a workgroup that
includes psychiatrists, other relevant prescribers, and pharmacists to identify
best practices and to develop a protocol for psychotropic medications. Any
changes proposed by the workgroup shall protect a Medicaid beneficiary’s
current psychotropic pharmaceutical treatment regimen by not requiring a
physician currently prescribing any treatment to alter or adjust that
treatment.
(2) By March 1 of the current fiscal year, the department
shall provide the workgroup’s recommendations to the senate and house appropriations
subcommittees on the department budget, the senate and house fiscal agencies,
and the state budget office.
Sec. 1870. (1) From the funds appropriated in part 1 for
hospital services and therapy, the department shall appropriate $5,100,000.00
in general fund/general purpose revenue plus any contributions from public
entities, up to $5,000,000.00, and any associated federal match to the MiDocs
consortium to create new primary care residency slots in underserved
communities. The new primary care residency slots must be in 1 of the following
specialties: family medicine, general internal medicine, general pediatrics,
general OB‑GYN, psychiatry, or general surgery.
(2) The department shall seek any necessary approvals from
CMS to allow the department to implement the program described in this section.
(3) Assistance with repayment of medical education loans,
loan interest payments, or scholarships provided by MiDocs shall be contingent
upon a minimum 2-year commitment to practice in an underserved community in
this state post-residency and an agreement to forego any sub-specialty training
for at least 2 years post-residency with the exception of a child and
adolescent psychiatry fellowship which must be integrated with a psychiatry
residency training program in a MiDocs affiliated institution.
(4) The MiDocs shall work with the department to integrate
the Michigan inpatient psychiatric admissions discussion (MIPAD)
recommendations and, when possible, prioritize training opportunities in state
psychiatric hospitals and community mental health organizations.
(5) The MiDocs consortium may allocate local funding, and any
associated federal match, to a community-based Accreditation Council for
Graduate Medical Education (ACGME), which operates from the local funds appropriated
in this subsection, to administer a community-based residency training program.
The funds appropriated in this subsection may be allocated and administered on
a local level to communities with high disparities related to COVID-19 and high
infant mortality rates for community and public health-based training programs
for providers in family medicine. The community-based residency training
program shall have a particular emphasis on addressing local psychiatric
issues, local health disparities, and local maternal child health issues. The
department and the MiDocs consortium may secure federal match on local funds
allocated in this subsection to serve Medicaid and uninsured individuals
through this community-based residency training program.
(6) In developing the number of primary care residency slots
for the fiscal year ending September 30, 2022, it is the intent of the legislature
that 5 additional primary care residency slots be added with the goal of those
slots being awarded to minority applicants or applicants from underserved
communities.
(7) The department shall create a MiDocs initiative advisory
council to help support implementation of the program described in this
section, and provide oversight. The advisory council shall be composed of the
MiDocs consortium, the Michigan Area Health Education Centers, the Michigan
Primary Care Association, the Michigan Center for Rural Health, the Michigan
Academy of Family Physicians, and any other appointees designated by the
department.
(8) By September 1 of the current fiscal year, MiDocs shall
report to the senate 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, on the following:
(a) Audited financial statement of per-resident costs.
(b) Education and clinical quality data.
(c) Roster of trainees, including areas of specialty and
locations of training.
(d) Medicaid revenue by training site.
(9) Outcomes and performance measures for this program
include, but are not limited to, the following:
(a) Increasing this state’s ability to recruit, train, and
retain primary care physicians and other select specialty physicians in
underserved communities.
(b) Maximizing training opportunities with community health
centers, rural critical access hospitals, solo or group private practice
physician practices, schools, and other community-based clinics, in addition to
required rotations at inpatient hospitals.
(c) Increasing the number of residency slots for family
medicine, general internal medicine, general pediatrics, general OB-GYN,
psychiatry, and general surgery.
(10) Unexpended and unencumbered funds up to a maximum
$5,100,000.00 in general fund/general purpose revenue plus any contributions from
public entities, up to $5,000,000.00, and any associated federal match
remaining in accounts appropriated in part 1 for hospital services and therapy
are designated as work project appropriations, and any unencumbered or
unallotted funds shall not lapse at the end of the fiscal year and shall be
available for expenditures for the MiDocs consortium to create new primary care
residency slots in underserved communities under this section until the work
project has been completed. All of the following are in compliance with section
451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the work project is to fund the cost of
the MiDocs consortium to create new primary care residency slots in underserved
communities.
(b) The work project will be accomplished by contracting with
the MiDocs consortium to oversee the creation of new primary care residency
slots.
(c) The total estimated completion cost of the work project
is $20,200,000.00.
(d) The tentative completion date is September 30, 2025.
Sec. 1871. The funds appropriated in part 1 for the Healthy
Michigan plan healthy behaviors incentives program shall only provide
reductions in cost-sharing responsibilities and shall not include other
financial rewards such as gift cards.
Sec. 1872. From the funds appropriated in part 1 for personal
care services, the department shall maintain the monthly Medicaid personal care
supplement paid to adult foster care facilities and homes for the aged that
provide personal care services to Medicaid recipients in place during the
previous fiscal year.
Sec. 1873. From the funds appropriated in part 1 for
long-term care services, the department may allocate up to $3,700,000.00 for
the purpose of outreach and education to nursing home residents and the
coordination of housing in order to move out of the facility. In addition, any
funds appropriated shall be used for other quality improvement activities of
the program. The department shall consider working with all relevant
stakeholders to develop a plan for the ongoing sustainability of the nursing
facility transition initiative.
Sec. 1874. The department shall ensure, in counties where
program of all-inclusive care for the elderly or PACE services are available,
that the program of all-inclusive care for the elderly (PACE) is included as an
option in all options counseling and enrollment brokering for aging services
and managed care programs, including, but not limited to, Area Agencies on
Aging, centers for independent living, and the MiChoice home and
community-based waiver. Such options counseling must include approved marketing
and discussion materials.
Sec. 1875. (1) The department and its contractual agents may
not subject Medicaid prescriptions to prior authorization procedures during the
current fiscal year if that drug is carved out or is not subject to prior
authorization procedures as of January 22, 2020, and is generally recognized in
a standard medical reference or the American Psychiatric Association’s
Diagnostic and Statistical Manual for the Treatment of a Psychiatric Disorder.
(2) The department and its contractual agents may not subject
Medicaid prescriptions to prior authorization procedures during the current
fiscal year if that drug is carved out or is not subject to prior authorization
procedures as of January 22, 2020 and is a prescription drug that is generally
recognized in a standard medical reference for the treatment of human
immunodeficiency virus or acquired immunodeficiency syndrome, epilepsy or
seizure disorder, or organ replacement therapy. The department shall explore
including medications for the treatment of Duchenne Muscular Dystrophy to the
list of Medicaid prescriptions not subject to prior authorization.
(3) As used in this section, “prior authorization” means a
process implemented by the department or its contractual agents that
conditions, delays, or denies delivery or particular pharmacy services to
Medicaid beneficiaries upon application of predetermined criteria by the
department or its contractual agents to those pharmacy services. The process of
prior authorization often requires that a prescriber do 1 or both of the
following:
(a) Obtain preapproval from the department or its contractual
agents before prescribing a given drug.
(b) Verify to the department or its contractual agents that
the use of a drug prescribed for an individual meets predetermined criteria
from the department or its contractual agents for a prescription drug that is
otherwise available under the Medicaid program in this state.
Sec. 1876. The department shall include the corticosteroid
deflazacort on the Medicaid health plan common formulary.
Sec. 1878. By March 1 of the current fiscal year, the
department shall provide a report to the senate 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 on hepatitis C
tracking data. At a minimum, the report shall include information on the
following for individuals treated with Harvoni or any other treatment used to
cure hepatitis C during the current fiscal year or a previous fiscal year:
(a) The total number of people treated broken down by those
treated through traditional Medicaid and those treated through the Healthy
Michigan plan.
(b) The total cost of treatment.
(c) The total cost of treatment broken down by those treated
through traditional Medicaid and those treated through the Healthy Michigan
plan.
(d) The cure rate broken down by Metavir Score, genotype,
Medicaid match rate, and drug used during treatment.
(e) The reinfection rate broken down by Metavir Score,
genotype, Medicaid match rate, and drug used during treatment.
Sec. 1879. (1) The department shall maintain a single,
standard preferred drug list to be used by all contracted Medicaid managed
health care programs. Changes to the preferred drug list shall be made in
consultation with all contracted managed health care programs and the Michigan
pharmacy and therapeutics committee to ensure sufficient access to medically
necessary drugs for each disease state. The department shall have final
authority over the list and it shall be designed to ensure access to clinically
effective and appropriate drug therapies and maximize federal rebates and
supplemental rebates.
(2) By July 15 of the current fiscal year, the department
shall submit a report to the senate 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 that compares the managed
care pharmacy expenditures prior to the implementation of a single, standard
preferred drug list to managed care pharmacy expenditures after the
implementation of a single, standard preferred drug list. The report shall
include data on collected rebates and expenditures by quarter for at least 8
quarters prior to implementing a single, standard preferred drug list, and the
experienced rebates and expenditures for at least 2 quarters, and the projected
rebates and expenditures for at least 6 quarters after the implementation of a
single, standard preferred drug list. The data shall be aggregated by the
department so as not to disclose the proprietary or confidential drug-specific
information, or the proprietary or confidential information that directly or
indirectly identifies financial information linked to a single manufacturer.
The report shall include any administrative costs or savings associated with
the continued implementation of a single, standard Medicaid preferred drug list
and must include information on a per Medicaid prescription basis.
Sec. 1880. (1) By June 1 of the current fiscal year, the
department shall provide a report to the senate and house committees on
appropriations, the senate and house fiscal agencies, and the state budget
office on the newly implemented statewide Medicaid preferred drug list policy.
This report must include, but is not limited to, all of the following:
(a) The difference between estimated pharmacy expenditures
and actual pharmacy expenditures incurred by the Medicaid health plans through
the first 2 quarters of the fiscal year.
(b) The difference between estimated federal and supplemental
rebates and actual amount of federal and supplemental rebates realized from the
Medicaid health plan pharmacy utilization through the first 2 quarters of the
fiscal year.
(c) The difference between the estimated ingredient cost increase
and the actual ingredient cost increase incurred by the Medicaid health plans
through the first 2 quarters of the fiscal year.
(d) The difference between the estimated annual change in
pharmacy utilization and the actual annual change in pharmacy utilization
incurred by the Medicaid health plans through the first 2 quarters of the
fiscal year.
(2) By June 1 of the current fiscal year, the department
shall provide adjustments to capitation rates paid to Medicaid health plans to
reflect the difference between the rates implemented for fiscal year 2020-2021
and the per enrollee health benefit expenses incurred by contracted health
plans to the senate and house committees on appropriations, the senate and
house fiscal agencies, and the state budget office. Any adjustments made to the
capitation rates under this section shall be made outside of the updated
estimates of Medicaid expenditures revised pursuant to section 367b of the
management and budget act, 1984 PA 431, MCL 18.1367b, in May of the current
fiscal year for the impacted period.
Sec. 1881. (1) The funds appropriated in part 1 for health
plan services and healthy Michigan plan assume $36,000,000.00 in estimated
general fund/general purpose revenue savings and $141,360,000.00 in gross
savings from the financial reconciliation of the 2-way risk corridor
implemented in the managed care capitation rates for the previous fiscal year.
By September 1 of the current fiscal year, the department shall provide a
report to the senate and house committees on appropriations, the senate and
house fiscal agencies, and the state budget office on the actual amount of
general fund/general purpose savings from the financial reconciliation of the
2-way risk corridor implemented in the managed care capitation rates for the
previous fiscal year. Any adjustments made to the capitation rates under this
section shall be made outside of the updated estimates of Medicaid expenditures
revised pursuant to MCL 18.1367b in May of the current fiscal year.
(2) It is the intent of the legislature that the managed care
capitation rates for the fiscal year ending September 30, 2022 do not include a
2-way risk corridor.
Sec. 1888. The department shall establish contract
performance standards associated with the capitation withhold provisions for
Medicaid health plans at least 3 months in advance of the implementation of
those standards. The determination of whether performance standards have been
met shall be based primarily on recognized concepts such as 1-year continuous
enrollment and the healthcare effectiveness data and information set, HEDIS,
audited data.
Sec. 1894. By March 1 of the current fiscal year, the
department shall report to the senate 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 on the Healthy Kids Dental
program. The report shall include, but is not limited to, the following:
(a) The number of children enrolled in the Healthy Kids
Dental program who visited the dentist during the previous fiscal year broken
down by dental benefit manager.
(b) The number of dentists who accept payment from the
Healthy Kids Dental program broken down by dental benefit manager.
(c) The annual change in dental utilization of children
enrolled in the Healthy Kids Dental program broken down by dental benefit
manager.
(d) Service expenditures for the Healthy Kids Dental program
broken down by dental benefit manager.
(e) Administrative expenditures for the Healthy Kids Dental
program broken down by dental benefit manager.
Sec. 1901. (1)
The department shall provide a report on a quarterly basis to the senate 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 on all of the following information:
(a) The
process used to define requests for proposals for each expansion of information
technology projects, including timelines, project milestones, and intended
outcomes.
(b) If the
department decides not to contract the services out to design and implement
each element of the information technology expansion, the department shall
submit its own project plan that includes, at a minimum, the requirements in
subdivision (a).
(c) A
recommended project management plan with milestones and time frames.
(d) The
proposed benefits from implementing the information technology expansion,
including customer service improvement, form reductions, potential time savings,
caseload reduction, and return on investment.
(e) Details on
the implementation of the integrated service delivery project, and the progress
toward meeting the outcomes and performance measures listed in section 1904(2)
of this part.
(f) A list of projects
approved in the previous quarter and the purpose for approving each project
including any federal, state, court, or legislative requirement for each
project.
(2) Once an
award for an expansion of information technology is made, the department shall
report to the senate 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 a projected cost of the expansion broken
down by use and type of expense.
Sec. 1902. From the funds appropriated in
part 1 for the Michigan Medicaid information system (MMIS) line item, private
revenue may be received from and allocated for other states interested in
participating as part of the broader MMIS initiative. By March 1 of the current
fiscal year, the department shall provide a report on the use of MMIS by other
states for the previous fiscal year, including a list of states, type of use,
and revenue and expenditures related to the agreements with the other states to
use the MMIS. The report shall be provided to the house and senate
appropriations subcommittees on the department budget, the house and senate
fiscal agencies, and the state budget office.
Sec. 1903. (1) The department shall report
to the senate 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 by November 1 of the current fiscal year the status of
an implementation plan regarding the appropriation in part 1 to modernize the
MiSACWIS. The report shall include, but not be limited to, an update on the
status of the settlement and efforts to bring the system in compliance with the
settlement and other federal guidelines set forth by the United States
Department of Health and Human Services Administration for Children and
Families.
(2) The department shall report to the
senate 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 by November 1, January 1, March 1, May 1, July 1, and
September 1 of the current fiscal year a status report on the planning,
implementation, and operation, regardless of the current operational status,
regarding the appropriation in part 1 to implement the MiSACWIS. The report
shall provide details on the planning, implementation, and operation of the
system, including, but not limited to, all of the following:
(a) Areas where implementation went as planned,
and in each area including whether the implementation results in either
enhanced user interface or portal access, conversion to new modules, or
substantial operation improvement to the MiSACWIS system.
(b) The number of known issues.
(c) The average number of help tickets
submitted per day.
(d) Any additional overtime or other
staffing costs to address known issues and volume of help tickets.
(e) Any contract revisions to address known
issues and volume of help tickets.
(f) Other strategies undertaken to improve
implementation, and for each strategy area including whether the implementation
results in either enhanced user interface or portal access, conversion to new
modules, or substantial operation improvement to the MiSACWIS system.
(g) Progress developing cross-system
trusted data exchange with MiSACWIS.
(h) Progress in moving away from a
statewide automated child welfare information system (SACWIS) to a
comprehensive child welfare information system (CCWIS).
(i) Progress developing and implementing a
program to monitor data quality.
(j) Progress developing and implementing
custom integrated systems for private agencies.
(k) A list of all
change orders, planned or in progress.
(l) The status of all change orders,
planned or in progress.
(m) The estimated
costs for all planned change orders.
(n) The estimated
and actual costs for all change orders in progress.
Sec. 1904. (1)
From the funds appropriated in part 1 for the technology supporting integrated
service delivery line item, the department shall maintain information
technology tools and enhance existing systems to improve the eligibility and
enrollment process for citizens accessing department administered programs.
This information technology system will consolidate beneficiary information,
support department caseworker efforts in building a success plan for
beneficiaries, and better support department staff in supporting enrollees in
assistance programs.
(2) Outcomes and
performance measures for the initiative under subsection (1) include, but are
not limited to, the following:
(a) Successful
consolidation of data warehouses maintained by the department.
(b) The amount of
time a department caseworker devotes to data entry when initiating an enrollee
application.
(c) A reduction
in wait times for persons enrolled in assistance programs to speak with
department staff and get necessary changes made.
(d) A reduction
in department caseworker workload.
Sec. 1905. (1) The department shall report
on a monthly basis to the chairs of the senate and house standing committees on
appropriations, the senate and house appropriations subcommittees on the
department budget, the senate and house appropriations subcommittees on the
general government budget, the senate and house fiscal agencies, the senate and
house policy offices, and the state budget office on all of the following:
(a) Fiscal year-to-date information
technology spending for the current fiscal year by service and project and by
line-item appropriation.
(b) Planned
information technology spending for the remainder of the current fiscal year by
service and project and by line-item appropriation.
(c) Total
fiscal year-to-date information technology spending and planned spending for
the current fiscal year by service and project and by line-item appropriation.
(d) A list of all information technology projects estimated to cost more
than $250,000.00 that exceed their allotted budget as well as all information
technology projects that have exceeded their allotted budget by 25% or more.
(2) As used in subsection (1), “project” means all of, but not limited
to, the following major projects:
(a) Community health automated Medicaid processing system (CHAMPS).
(b) Bridges and MiBridges eligibility determination.
(c) MiSACWIS.
(d) Integrated service delivery.
(3) By April 30 of the current fiscal year, the department, in
coordination with the department of technology, management, and budget, shall
provide to the senate 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 a 5-year strategic plan for information
technology services and projects for the department. The strategic plan shall identify
any scheduled changes in the federal and state shares of costs related to
information technology services and projects over the 5-year period. As part of
the strategic plan, the department shall include total information technology
expenditures from the previous fiscal year by fund source, total information
technology appropriations as a percentage of total department appropriations by
fund source, and a return on investment, by project, for all information
technology expenditures in the previous fiscal year. The strategic plan shall
also include, for the previous 5 fiscal years, the department’s information
technology spending compared to similar departments in 3 other states located
in the Midwest.
Sec. 1906. (1) The workgroup, in collaboration with the Michigan
Federation of Children and Families and the Association of Accredited Child and
Family Agencies, shall issue a report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office no later than
November 1, January 1, March 1, May 1, July 1, and September 1 of the
current fiscal year that must consist of, but is not limited to, the following:
(a) Recommendations for the future funding and operations of MiSACWIS and
the replacement state child welfare information system.
(b) Recommendations for any remedial actions that the workgroup considers
necessary for the department to implement in order to improve the functions of
MiSACWIS and the subsequent state child welfare information system, and
measures established to determine the success of MiSACWIS and the replacement
state child welfare information system.
(c) Any other information the workgroup would like to provide regarding MiSACWIS
and the replacement state child welfare information system.
(2) As used in this section, “workgroup” means the workgroup established
by the department to facilitate the transition from the use of MiSACWIS to a
replacement state child welfare information system, according to the
independent assessment of Michigan’s statewide automated child welfare
information system and child welfare data reporting infrastructure submitted to
the United States District Court for the Eastern District of Michigan on
February 25, 2019.
Sec. 1907. By October 1 and March 1 of the current fiscal year, the
department shall report to the house and senate appropriations subcommittees on
the department budget, the house and senate fiscal agencies, the house and senate
policy offices, and the state budget office on all current, contracted
information technology-related projects, total contractual costs, spending in
previous fiscal years, planned spending for the current fiscal year, and fiscal
year-to-date spending, by project.
Sec. 1909. (1) From the funds appropriated in part
1 for child support automation, the department shall only encumber or
expend funds for the operation, maintenance, and improvements of the Michigan child
support enforcement system (MiCSES).
(2) From the funds appropriated in part 1 for
bridges information system, the department shall only encumber or expend
funds for the operation, maintenance, and improvements of Bridges and
MIBridges.
(3) From the funds appropriated in part 1 for
technology supporting integrated service delivery, the department shall
only encumber or expend funds for the operation, maintenance, and improvements
of integrated service delivery.
(4) From the funds appropriated in part 1 for Michigan Medicaid
information system, the department shall only encumber or expend funds for the
operation, maintenance, and improvements of the community health automated
Medicaid processing system (CHAMPS).
(5) From the funds appropriated in part 1 for Michigan statewide
automated child welfare information system, the department shall only encumber
or expend funds for the operation, maintenance, and improvements of MiSACWIS.
(6) From the funds appropriated in part 1 for comprehensive child welfare
information system, the department shall only encumber or expend funds for the
operation, maintenance, and improvements to the comprehensive child welfare
information system.
(7) From the funds appropriated in part 1 for comprehensive child welfare
information system, the department shall allocate $4,389,400.00 to develop a
new information system to replace MiSACWIS consistent with the plan provided by
the department to the United States District Court for Eastern District of
Michigan as a part of the settlement. The development of the comprehensive child
welfare information system shall adhere to department of technology,
management, and budget and IT Investment Fund (ITIF) policies and practices,
including use of the state unified information technology environment
methodology and agile development. The project team will also participate in
and comply with the enterprise portfolio management office process and product
quality assurance. To ensure full transparency, the project will be included in
the ITIF portfolio for executive, legislative, and external reporting purposes.
As a component of the ITIF portfolio, the project will be subject to governance
and oversight by the IT investment management board.
ONE-TIME
APPROPRIATIONS
Sec. 1910. From the funds appropriated in part 1 for Special
Olympics capital improvement project, the department shall allocate
$1,000,000.00 to a nonprofit organization organized under the laws of this
state that is exempt from federal income tax under section 501(c)(3) of the
internal revenue code of 1986, 26 USC 501, and with a stated mission to provide
year-round sports training and athletic competition for children and adults
with intellectual disabilities. The funding shall be used to perform capital
improvements on a facility located in a county with a population between
500,000 and 825,000 according to the most recent federal decennial census and
ensure the facility complies with the Americans with disabilities act of 1990,
Public Law 101-336.
Sec. 1911. From the funds appropriated in part 1 for first
responder and public safety staff mental health, the department shall allocate
$2,500,000.00 towards a program to support firefighters, police officers,
emergency medical services personnel, dispatchers, and correctional officers suffering
from post-traumatic stress syndrome and other mental health conditions. The
program will primarily provide grants to behavioral health providers and may
also include funding to improve information and referrals for these services.
Sec. 1913. From the funds appropriated in part 1 for lead poisoning
prevention fund, the department shall allocate $2,000,000.00 towards the
establishment of a lead poisoning prevention fund. The lead poisoning
prevention fund would be administered by an independent third party as a public
private loan loss reserve fund that would support loans to landlords and
homeowners remediating lead hazards from their property.
Sec. 1914. From the funds appropriated in part 1 for county
coronavirus related youth funding, $250,000.00 is allocated to a county with a
population between 344,000 and 347,000 according to the most recent federal
decennial census. The grant shall be allocated by the county to a network of
human service providers and local youth development organizations to do all of
the following:
(a) Provide daily academic and skills-building programs for
youths.
(b) Offer tutoring to low-income families.
(c) Create mentoring programs to connect youth with youth or
adult mentors in the community.
(d) Establish a connection with families in low-income
neighborhoods.
Sec. 1915. From the funds appropriated in part 1 for healthy
communities grant, $300,000.00 shall be allocated for a 1-time grant to Leaders
Advancing and Helping Communities for community healthy living, obesity prevention,
and substance abuse prevention programs.
Sec. 1916. From the funds appropriated in part 1 for kids’
food basket, the department shall allocate $250,000.00 to fund a project with a
nonprofit, community-based organization organized under the laws of this state
that is exempt from federal income tax under section 501(c)(3) of the internal
revenue code of 1986, 26 USC 501, and is located in a city with a population
between 185,000 and 195,000 according to the most recent federal decennial
census which city is located in a county with a population between 600,000 and
605,000 according to the most recent federal decennial census. The nonprofit
organization recipient shall have an existing network of food delivery to
low-income children to at least 3 counties in this state. The nonprofit
organization shall use the funds for increased operational costs due to the
coronavirus pandemic and for expansion of services to additional schools and
communities. The funding may be used to cover employee costs, food and
supplies, equipment, and other operational costs identified by the organization
to support their mission and goals.
Sec. 1917.
From the funds appropriated in part 1 for infant rapid whole genome sequencing
project, the department shall allocate $250,000.00 in general fund/general
purpose revenue plus any associated private or federal match to support the
Project Baby Deer rapid whole genome sequencing initiative. This program shall
provide rapid whole genome sequencing for critically ill infants and children
who meet established clinical criteria. It is the intent of the legislature
that the projected turnaround time for sequencing shall be 1 to 3 days in order
to limit the number of unnecessary procedures and allow for more rapid
diagnosis of critically ill infants and children.
Sec. 1918.
From the funds appropriated in part 1 for substance abuse community and school
outreach, the department shall allocate $100,000.00 to a coalition located in a
county with a population of at least 1,500,000 with an aim to lead and support
communities to dispel the myths and stigmas about drug addiction through public
education, sharing stories of recovery, partnering with local and state
leaders, creating positive social changes, and providing recovery support
services for those in need.
Sec. 1919. (1) From the funds appropriated in part 1 for unified clinics
resiliency center for families and children, the department shall allocate
$1,500,000.00 to a 4-year state university located in a county with a
population between 250,000 and 251,000 according to the most recent decennial
census to be used to develop and operate a resiliency center for families and
children to address the multifaceted needs of those experiencing trauma, toxic
stress, chronic disability, neurodevelopmental disorders, or addictions.
(2) Outcomes and performance measures for the resiliency center funded
under this section shall include, but not be limited to, the following:
(a) The number of children and families who received services from the
center.
(b) The types of screening offered by the center and the number of
clients that received each screening type.
(c) The number of trauma assessments completed through the center’s
programs and the average cost of a trauma assessment for each type of client,
including children, adults, and families.
(d) The types of services offered by the center and the number of clients
that received each service type.
(e) The number of referrals for services made to children and families.
(f) A breakdown of the expenditures made for the development of the
resiliency center for families and children by major category.
(3) By August 1 of the current fiscal year, the resiliency center for
families and children shall report to the house and senate appropriations
subcommittees on the department budget, the house and senate fiscal agencies,
the house and senate policy offices, and the state budget office on the status
of the development of the resiliency center funded under this section and on
the information required in subsection (2).
(4) The unexpended portion of funds appropriated in part 1 for unified
clinics resiliency center for families and children is designated as a work
project appropriation. Any unencumbered or unallotted funds shall not lapse at
the end of the fiscal year and shall be available for expenditure for the
project under this section until the project has 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 work project is to provide funding for the
operation and maintenance of a unified clinics resiliency center for families
and children as provided by this section.
(b) The project will be accomplished through funding to a 4-year state
university for the operation and maintenance of the center.
(c) The total estimated cost of the work project is $1,500,000.00 of
general fund/general purpose revenue.
(d) The estimated completion date is September 30, 2023.
(5) It is the
intent of the legislature that this is the first year out of 3 years that
funding is to be provided by the legislature for the unified clinics resiliency
center for families and children described in this section, and that in each of
the 2 following years, $750,000.00 be provided by the legislature.
Sec. 1920. (1)
From the funds appropriated in part 1 for autism navigator, the department
shall require any contractor receiving funds from this line item to comply with
performance-related metrics to maintain eligibility for funding. The
organizational metrics shall include, but not be limited to, all of the
following:
(a) Each
contractor shall have accreditations that attest to their competency and
effectiveness in providing services.
(b) Each
contractor shall demonstrate cost-effectiveness.
(c) Each
contractor shall ensure their ability to leverage private dollars to strengthen
and maximize service provision.
(d) Each
contractor shall provide quarterly reports to the department regarding the
number of clients served, units of service provision, and ability to meet their
stated goals.
(2) The
department shall require an annual report from any contractor receiving funding
from the autism navigator line item. The annual report, due to the department
60 days following the end of the contract period, shall include specific
information on services and programs provided, the client base to which the
services and programs were provided, and the expenditures for those services.
The department shall provide the annual reports to the senate and house
appropriations subcommittees on the department budget, the senate and house
fiscal agencies, and the state budget office.
Sec. 1921.
From the funds appropriated in part 1 for statewide health information exchange
projects, the department shall allocate $2,750,000.00 to a public and private
non-profit collaboration that is designated as this state’s statewide health
information exchange by cooperative agreement to implement health information
technology strategies for data management, data clean-up, and data governance.
Sec. 1922. (1)
From the funds appropriated in part 1 for actuarial study, $275,000.00 is
allocated for the department to complete a study led by an actuarial firm
capable of supporting this state’s pursuit of a state innovation waiver under
section 1332 of the patient protection and affordable care act for
community-based coverage entities to provide health coverage and educational
and occupational training to qualifying individuals. The study will be
completed with the assistance and support of department of insurance and
financial services to ensure that the study meets all the criteria for a
section 1332 state innovation waiver found at 45 CFR part 155. The study must
be completed by April 30 of the current fiscal year. The study must include
analyses and actuarial certifications data, assumptions, targets, and other
information sufficient to provide the Secretary of the United States Department
of Health and Human Services and the Secretary of the United States Department
of Treasury with the necessary data to determine whether this state’s proposed
waiver would do all of the following:
(a) Provide coverage
that is at least as comprehensive as the coverage defined in section 1203(b) of
the patient protection and affordable care act.
(b) Provide
coverage and cost sharing protections against excessive out-of-pocket spending
that are at least as affordable as the provisions of title I of the patient
protection and affordable care act.
(c) Provide
coverage to a comparable number of its residents as the provisions of title I
of the patient protection and affordable care act would provide.
(d) Not
increase the federal deficit.
(2) The study
under subsection (1) must create any actuarial analyses and certifications
necessary to determine whether the estimates will comply with the above
requirements. Furthermore, the study must produce an economic analysis that
provides a detailed 10-year budget plan that is deficit neutral to the federal
government and a detailed analysis regarding the estimated impact of the waiver
on health insurance coverage in this state.
(3) As used in
this section, “patient protection and affordable care act” means the patient
protection and affordable care act, Public Law 111-148, as amended by the
federal health care and education reconciliation act of 2010, Public Law
111-152.
Sec. 1923. From
the funds appropriated in part 1 for senior citizen center program grants, the
department shall allocate $150,000.00 for a grant program administered by the
aging and adult services agency to support health-related senior programs at
multipurpose senior citizen centers. Program goals shall include mental and
physical health maintenance and improvement for senior participants. Grant
awards shall not exceed $5,000.00 for a program. Grantees are encouraged to
match the funding with participant fees or other nonstate source of funds. A
private housing facility with senior activity programs is not eligible for the
grant program.
Sec. 1924.
From the funds appropriated in part 1 for children’s center, $200,000.00 shall
be awarded to a children’s center located in a city with a population of
greater than 600,000 according to the most recent federal decennial census. The
grant shall be allocated to a nonprofit organization established in 1929 that
has a stated mission of helping children and families shape their own futures.
The funding shall be used for behavioral health programs and outreach,
including an outpatient treatment program for families with children with
autism spectrum disorders.
Sec. 1925.
From the funds appropriated in part 1 for nonprofit mental health clinics, the
department shall allocate $200,000.00 as grants to nonprofit mental health
clinics that provide counseling services, accept clients regardless of their
ability to pay for services through sliding scale copayments and volunteer
services, and that use fundraising to support their clinic. The maximum grant
per clinic is $100,000.00 and as a condition of receiving these grants, the
clinic must have at least a like amount of funds collected through fundraising
as the state grant award. By December 15 of the current fiscal year, the
department shall submit a report on the number of grant applications and the
status of the grant awards to the house and senate appropriations subcommittees
on the department budget, the house and senate fiscal agencies, the house and
senate policy offices, and the state budget office.
Sec. 1926.
From the funds appropriated in part 1 for Great Lakes recovery center, the
department shall allocate a grant of $250,000.00 to a CARF accredited agency
that specializes in substance abuse and mental health treatment through
certified counselors and licensed professionals across the Upper Peninsula for
costs related to men’s residential treatment and transition housing and women’s
transition housing.
Sec. 1927. From the funds appropriated in part 1 for vision
clinic, the department shall allocate $100,000.00 for a nonprofit vision clinic
located in a county with a population between 200,000 and 225,000 according to
the most recent federal decennial census. To be eligible to receive funding,
the vision clinic must have a stated mission to provide optometric services to
Michigan’s mentally and physically challenged population, as well as, low
vision services to visually impaired and legally blind individuals.
Sec. 1928. (1) From the funds appropriated in part 1 for
skilled nursing facility personal protection equipment grants, the department
shall allocate $20,000,000.00 to skilled nursing facilities to help cover
personal protection equipment costs during the COVID-19 pandemic.
(2) The funding referenced in subsection (1) shall be
allocated on a per licensed skilled nursing facility bed basis, with each
skilled nursing facility receiving a fixed amount per licensed skilled nursing
facility bed equal to $20,000,000.00 divided by the total number of licensed
skilled nursing facility beds in the state.
(3) The department shall allocate the funding referenced in
(1) to skilled nursing facilities by October 31 of the current fiscal year.
Sec. 1930. (1) From the funds appropriated in part 1 for
autism train the trainer grant, the department shall appropriate $244,800.00 to
implement a pilot project to train school employees on the principles and
practices of applied behavior analysis and research-based intervention
strategies. The pilot project must do both of the following:
(a) Train paraprofessionals and teachers in applied behavior
analysis skills that match the national standard for behavior technician-level
work and research-based intervention strategies.
(b) Train teacher consultants, school social workers, school
psychologists, and other school personnel responsible for conducting functional
behavioral assessments and the development of behavior support plans methods
for ensuring implementation of a behavior plan with fidelity and strategies for
sharing understanding of evidence-based behavioral health approaches with other
school-based personnel.
(2) The pilot project sites receiving funding under
subsection (1) must be 1 of the following:
(a) A school district with a headquarters located in a census
designated place with a population between 3,410 and 3,500 according to the
most recent federal decennial census, and in a county with a population between
24,200 and 24,700 according to the most recent federal decennial census.
(b) A school district with a headquarters located in a township
with a population between 53,400 and 71,000 according to the most recent
federal decennial census, and in a county with a population between 1,000,000
and 1,800,000 according to the most recent federal decennial census.
(c) A school district with a headquarters located in a
township with a population between 41,000 and 43,000 according to the most
recent federal decennial census, and in a county with a population between
1,000,000 and 1,800,000 according to the most recent federal decennial census.
(d) An intermediate school district with a headquarters
located in a census designated place with a population between 1,920 and 2,000
according to the most recent federal decennial census, and in a county with a
population between 25,950 and 26,160 according to the most recent federal
decennial census.
(e) A constituent district of an intermediate school district
with a headquarters located in a city with a population between 6,000 and 6,230
according to the most recent federal decennial census, and in a county with a
population between 24,500 and 25,500 according to the most recent federal
decennial census.
(3) Outcomes and performance measures for the pilot project
funded under this section shall include, but not be limited to, the following:
(a) A decrease in the number of center-program and
self-contained-classroom referrals.
(b) A decrease in the number of suspensions, removals, and
expulsions.
(c) A decrease in paraprofessional absences.
(d) An increase in teacher retention.
(e) An increase in safety.
(4) The department shall require an annual report from the
districts described in subsection (2) on the information required in subsection
(3). The department shall provide the reports to the senate 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 on the information required in subsection (2).
Sec. 1932. (1) From the funds appropriated in part 1 for
legal assistance, $60,000.00 shall be distributed to a county legal assistance
center located in a city with a population between 4,900 and 5,000 according to
the most recent federal decennial census, within a county with a population
between 111,400 and 111,500, according to the most recent decennial census. The
grantee must provide civil law legal assistance to low-income individuals.
(2) The funds appropriated in part 1 for legal assistance
shall be disbursed no later than March 1 of the current fiscal year.
ARTICLE 7
DEPARTMENT OF INSURANCE AND
FINANCIAL SERVICES
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of
insurance and financial services for the fiscal year ending September 30, 2021,
from the following funds:
|
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES |
|
|
|
||
|
APPROPRIATION
SUMMARY |
|
|
|
||
|
Full-time equated unclassified positions |
6.0 |
|
|
||
|
Full-time equated classified positions |
372.5 |
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
73,315,700 |
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
728,600 |
||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
72,587,100 |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
1,017,100 |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
0 |
||
|
Total private revenues |
|
|
0 |
||
|
Total other state restricted revenues |
|
|
71,570,000 |
||
|
State general
fund/general purpose |
|
$ |
0 |
||
|
Sec. 102.
DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
||
|
Full-time equated unclassified positions |
6.0 |
|
|
||
|
Full-time equated classified positions |
23.5 |
|
|
||
|
Unclassified salaries—FTEs |
6.0 |
$ |
820,600 |
||
|
Administrative hearings |
|
|
182,500 |
||
|
Department services—FTEs |
20.0 |
|
3,892,400 |
||
|
Executive director programs—FTEs |
3.5 |
|
986,900 |
||
|
Property management |
|
|
1,284,900 |
||
|
Worker’s compensation |
|
|
800 |
||
|
GROSS APPROPRIATION |
|
$ |
7,168,100 |
||
|
Appropriated from: |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Bank fees |
|
|
534,500 |
||
|
Captive insurance regulatory and supervision fund |
|
|
3,000 |
||
|
Consumer finance fees |
|
|
211,400 |
||
|
Credit union fees |
|
|
893,700 |
||
|
Deferred presentment service transaction fees |
|
|
281,500 |
||
|
Insurance bureau fund |
|
|
2,528,100 |
||
|
Insurance continuing education fees |
|
|
66,600 |
||
|
Insurance licensing and regulation fees |
|
|
1,962,400 |
||
|
MBLSLA fund |
|
|
685,600 |
||
|
Multiple employer welfare arrangement |
|
|
1,300 |
||
|
State general fund/general
purpose |
|
$ |
0 |
||
|
Sec. 103.
INSURANCE AND FINANCIAL SERVICES REGULATION |
|
|
|
||
|
Full-time equated classified positions |
349.0 |
|
|
||
|
Consumer services and protection—FTEs |
85.0 |
$ |
11,546,800 |
||
|
Financial institutions evaluation—FTEs |
135.0 |
|
25,458,500 |
||
|
Insurance evaluation—FTEs |
129.0 |
|
26,826,400 |
||
|
GROSS
APPROPRIATION |
|
$ |
63,831,700 |
||
|
Appropriated from: |
|
|
|
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
IDG from LARA, debt management |
|
|
728,600 |
||
|
Federal revenues: |
|
|
|
||
|
Federal revenues |
|
|
1,017,100 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Bank fees |
|
|
5,940,200 |
||
|
Captive insurance regulatory and supervision fund |
|
|
703,300 |
||
|
Consumer finance fees |
|
|
2,920,200 |
||
|
Credit union fees |
|
|
9,181,700 |
||
|
Deferred presentment service transaction fees |
|
|
2,454,400 |
||
|
Insurance bureau fund |
|
|
24,829,800 |
||
|
Insurance continuing education fees |
|
|
868,700 |
||
|
Insurance licensing and regulation fees |
|
|
8,097,900 |
||
|
MBLSLA fund |
|
|
6,601,400 |
||
|
Multiple employer welfare arrangement |
|
|
488,400 |
||
|
State general
fund/general purpose |
|
$ |
0 |
||
|
Sec. 104.
INFORMATION TECHNOLOGY |
|
|
|
||
|
Information technology services and projects |
|
$ |
2,315,900 |
||
|
GROSS
APPROPRIATION |
|
$ |
2,315,900 |
||
|
Appropriated from: |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Bank fees |
|
|
231,900 |
||
|
Consumer finance fees |
|
|
95,600 |
||
|
Credit union fees |
|
|
379,600 |
||
|
Deferred presentment service transaction fees |
|
|
116,500 |
||
|
Insurance bureau fund |
|
|
453,200 |
||
|
Insurance continuing education fees |
|
|
23,400 |
||
|
Insurance licensing and regulation fees |
|
|
748,400 |
||
|
MBLSLA fund |
|
|
267,300 |
||
|
State general
fund/general purpose |
|
$ |
0 |
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under part 1 for
fiscal year 2020-2021 is $71,570,000.00 and state spending from state sources
to be paid to local units of government for fiscal year 2020-2021 is $0.
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 department of insurance and
financial services.
(b) “Director” means the director of the department.
(c) “FTE” means full-time equated.
(d) “IDG” means interdepartmental grant.
(e) “LARA” means the department of licensing and regulatory
affairs.
(f) “MBLSLA fund” means the restricted account established
under section 8 of the mortgage brokers, lenders, and servicers licensing act,
1987 PA 173, MCL 445.1658.
(g) “Subcommittees” means the subcommittees of the house of
representatives and senate appropriations committees with jurisdiction over the
budget for the department.
Sec. 204. The department and agencies receiving
appropriations in this part and part 1 shall use the internet to fulfill the
reporting requirements of this part. This requirement shall include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement and it shall include placement of reports on an
internet site.
Sec. 205. Funds appropriated in this part and 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. 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. In addition, 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. 206. The department shall not take disciplinary action
against an employee of the department or departmental agency in the state
classified civil service because the employee communicates with a member of the
legislature 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. 207. (1) Out-of-state travel must be limited to
situations where the travel is approved by a departmental employee’s immediate
supervisor and in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety
of Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or
to increase state revenues, including protecting existing federal funds or
securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training
for staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than
1 departmental employee to a specific professional development conference or
training seminar that is located outside of this state unless a professional
development conference or training seminar is funded by a federal or private
funding source and requires more than 1 individual from the department to
attend, or the conference or training seminar includes multiple issues in which
1 employee from the department does not have expertise.
(3) Not later than January 1, the department shall prepare a
travel report listing all travel by classified and unclassified employees
outside this state in the immediately preceding fiscal year that was funded in
whole or in part with funds appropriated in the department’s budget. The
department shall submit the report to the senate and house of representatives
appropriations committees, the senate and house fiscal agencies, and the state
budget director. The report must include all of the following information:
(a) The name of each person receiving reimbursement for
travel outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general fund/general
purpose revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded with other
revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 208. Funds appropriated in this part and part 1 must not
be used by a principal executive
department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This
prohibition does not apply to legal services for bonding activities and for
those outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of the total
general fund/general purpose appropriation lapses at the close of the prior
fiscal year. This report must 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 of representatives appropriations
committees and the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $200,000.00 for federal
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for state restricted
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable website
accessible by the public at no cost that includes, but is not limited to, all
of the following for the department or each agency:
(a) Fiscal-year-to-date expenditures by category.
(b) Fiscal-year-to-date expenditures by appropriation unit.
(c) Fiscal-year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and payment
description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the state budget
office to provide the chairpersons of the senate and house appropriations
committees, the chairpersons of the subcommittees, and the senate and house
fiscal agencies with an annual report on estimated state restricted fund
balances, state restricted fund projected revenues, and state restricted fund
expenditures for the fiscal years ending September 30, 2020 and September 30,
2021.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks, and
regularly updates key metrics that are used to monitor and improve the
department’s performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September 30, 2021 are
estimated at $10,298,600.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $4,941,400.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$5,357,200.00.
Sec. 215. To the extent permissible under the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all
reasonable steps to ensure businesses in deprived and depressed communities
compete for and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department contracts to
subcontract with certified businesses in depressed and deprived communities for
services, supplies, or both.
Sec. 216. (1) On a quarterly basis, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) The number of FTEs in pay status by type of staff and
civil service classification.
(b) A comparison by line item of the number of FTEs
authorized from funds appropriated in part 1 to the actual number of FTEs
employed by the department at the end of the reporting period.
(2) By April 1 of the current fiscal year and semiannually
thereafter, the department shall report to the senate and house appropriations
committees, the senate and house appropriations subcommittees on the department
budget, and the senate and house fiscal agencies the following information:
(a) Number of employees that were engaged in remote work in
2020.
(b) Number of employees authorized to work remotely and the
actual number of those working remotely in the current reporting period.
(c) Estimated net cost savings achieved by remote work.
(d) Reduced use of office space associated with remote work.
Sec. 217. Appropriations in part 1 shall, to the extent
possible by the department, not be expended until all existing work project
authorization available for the same purposes is exhausted.
Sec. 218. If the state administrative board, acting under
section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated
under this article, the legislature may, by a concurrent resolution adopted by
a majority of the members elected to and serving in each chamber, intertransfer
funds within this article for the particular department, board, commission,
officer, or institution.
Sec. 219. The department and agencies receiving
appropriations in this part and part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed. The department
may electronically retain copies of reports unless otherwise required by
federal or state guidelines.
Sec 220. Not later than April 1, the department shall report
on each specific policy change made to implement a public act affecting the
department that took effect during the prior calendar year to the senate and
house of representatives appropriations committees, the subcommittees, the
joint committee on administrative rules, and the senate and house fiscal
agencies.
Sec. 221. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses, fees, or
permits.
Sec. 222. The department shall submit a report to the
subcommittees, the senate and house fiscal agencies, and the state budget
director by September 30 detailing any expenditure of funds for a television or
radio production that was made to a third-party vendor in the fiscal year
ending September 30, 2021. The report must include all of the following
information for each expenditure:
(a) Total amount of the expenditure.
(b) Fund source for the expenditure.
(c) Name of any vendors that created the production and the amount
paid to each vendor.
(d) Purpose of the production.
Sec. 223. From the funds
appropriated in part 1 from the insurance bureau fund, funds may be expended to
support legislative participation in insurance activities coordinated by
insurance and legislative associations, in accordance with section 225 of the
insurance code of 1956, 1956 PA 218, MCL 500.225.
INSURANCE AND
FINANCIAL SERVICES REGULATION
Sec. 301. The department shall provide a report to the
subcommittees, the senate and house fiscal agencies, and the state budget
director by September 30 based on the annual rate filings from health insurance
issuers that includes all of the following:
(a) The number that are approved by the department.
(b) The number that are denied by the department.
(c) The percentage of rate filings processed within the
applicable statutory time frames.
(d) The average number of calendar days to process rate
filings.
Sec. 302. In addition to the funds appropriated in part 1,
the funds collected by the department in connection with a conservatorship
under section 32 of the mortgage brokers, lenders, and servicers licensing act,
1987 PA 173,
Sec. 303. The department may make available to interested
entities customized listings of nonconfidential information in its possession.
The department may establish and collect a reasonable charge to provide this
service. The revenue from this service is appropriated when received and must
be used to offset expenses to provide the service. Any balance of this revenue
collected and unexpended at the end of the fiscal year must lapse to the
appropriate restricted fund. The total amount appropriated under this section
and section 302 must not exceed $300,000.00.
Sec. 304. (1) The department shall prepare an annual report
that includes, but is not limited to, all of the following information:
(a) The number of out-of-network billing complaints received
by the department from enrollees or their authorized representatives.
(b) The number of out-of-network billing complaints received
by the department from enrollees or their authorized representatives, separated
by provider specialty.
(c) For each health plan, the ratio of out-of-network billing
complaints to the total number of enrollees in the health plan.
(d) Insurer network adequacy by provider specialty.
(2) The department shall provide the report described under
subsection (1) to the standing committees of the senate and house of
representatives with primary jurisdiction over insurance and health policy
issues and the subcommittees. The report must be posted on the department’s
website.
Sec. 305. Effective January 1, 2021, the department must
provide a midyear update to the report required under section 6303 of the
insurance code of 1956, 1956 PA 218, MCL 500.6303. The department shall
transmit to the standing committees of the senate and house with primary
jurisdiction over insurance issues, the subcommittees, the senate and house
fiscal agencies, and the state budget director.
Sec. 306. The department must produce a report and transmit
the report to the subcommittees, senate and house fiscal agencies, and state
budget director by December 31. The report must include all of the following
information for the prior fiscal year:
(a) The number of complaints received by the office of
consumer services, with number of complaints specified for auto insurers,
health insurers, life insurers, other types of insurers, banks, credit unions,
deferred presentment service providers, and other consumer finance license
types.
(b) A description of the process that the office of consumer
services uses to resolve complaints.
(c) A description of the types of complaints received by the
office of consumer services pertaining to auto insurers, with counts of the
number of complaints of that type received.
(d) The number of investigations that the office of consumer
services initiated and the number of investigations that the office closed.
(e) The number of recoveries that the office of consumer
services secured and the total value of those recoveries.
(f) The number and type of enforcement actions taken against
licensees as a result of complaints received by the office of consumer
services.
(g) A description of the staffing level and staff
responsibilities in the office of consumer services.
Sec. 307. Effective January 1, 2021, the department must
update examination manuals and letters of guidance to state-chartered financial
institutions as necessary to reflect how the department will evaluate
institutions that provide banking or other financial services to
marijuana-related businesses or businesses that transport, test, grow, process,
or sell marijuana based on the most recent state laws and guidance. The
department may also include guidance or information on how federal law and
regulations may impact state-chartered institutions.
ARTICLE 8
JUDICIARY
part 1
line-item appropriations
Sec. 101. There is appropriated for the judiciary for the
fiscal year ending September 30, 2021, from the following funds:
|
JUDICIARY |
|
|
|
||
|
APPROPRIATION SUMMARY |
|
|
|
||
|
Full-time equated exempted positions |
513.0 |
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
313,641,200 |
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
1,552,800 |
||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
312,088,400 |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
6,393,500 |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
7,654,500 |
||
|
Total private revenues |
|
|
1,228,500 |
||
|
Total other state restricted revenues |
|
|
94,877,600 |
||
|
State general fund/general
purpose |
|
$ |
201,934,300 |
||
|
Sec. 102.
SUPREME COURT |
|
|
|
||
|
Full-time equated exempted positions |
250.0 |
|
|
||
|
Community dispute resolution—FTEs |
3.0 |
$ |
3,370,200 |
||
|
Direct trial court automation support—FTEs |
44.0 |
|
7,654,500 |
||
|
Drug treatment courts |
|
|
12,083,000 |
||
|
Foster care review board—FTEs |
10.0 |
|
1,365,500 |
||
|
Judicial information systems—FTEs |
24.0 |
|
4,845,800 |
||
|
Judicial institute—FTEs |
13.0 |
|
2,026,900 |
||
|
Mental health courts and diversion services—FTE |
1.0 |
|
5,472,500 |
||
|
Next generation Michigan court system |
|
|
4,116,000 |
||
|
Other federal grants |
|
|
275,100 |
||
|
State court administrative office—FTEs |
63.0 |
|
11,390,000 |
||
|
Supreme court administration—FTEs |
92.0 |
|
14,258,300 |
||
|
Swift and sure sanctions program |
|
|
3,350,000 |
||
|
Veterans courts |
|
|
936,400 |
||
|
GROSS APPROPRIATION |
|
$ |
71,144,200 |
||
|
Appropriated from: |
|
|
|
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
IDG from department of corrections |
|
|
52,800 |
||
|
IDG from department of state police |
|
|
1,500,000 |
||
|
Federal revenues: |
|
|
|
||
|
DOJ, drug court training and evaluation |
|
|
300,000 |
||
|
DOT, National Highway Traffic Safety Administration |
|
|
1,951,300 |
||
|
HHS, access and visitation grant |
|
|
498,700 |
||
|
HHS, children’s justice grant |
|
|
247,400 |
||
|
HHS, court improvement project |
|
|
947,300 |
||
|
HHS, state opioid response grant |
|
|
350,000 |
||
|
HHS, title IV-D child support program |
|
|
840,300 |
||
|
HHS, title IV-E foster care program |
|
|
410,300 |
||
|
Other federal grant revenues |
|
|
275,100 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Local - user fees |
|
|
7,654,500 |
||
|
Private |
|
|
202,300 |
||
|
Private - interest on lawyers trust accounts |
|
|
405,900 |
||
|
Private - state justice institute |
|
|
531,400 |
||
|
Community dispute resolution fund |
|
|
2,405,400 |
||
|
Court of appeals filing/motion fees |
|
|
1,450,000 |
||
|
Drug court fund |
|
|
1,920,500 |
||
|
Justice system fund |
|
|
608,700 |
||
|
Law exam fees |
|
|
763,500 |
||
|
Miscellaneous revenue |
|
|
249,600 |
||
|
State court fund |
|
|
405,900 |
||
|
State general
fund/general purpose |
|
$ |
47,173,300 |
||
|
Sec. 103.
COURT OF APPEALS |
|
|
|
||
|
Full-time equated exempted positions |
175.0 |
|
|
||
|
Court of appeals operations—FTEs |
175.0 |
$ |
25,252,500 |
||
|
GROSS
APPROPRIATION |
|
$ |
25,252,500 |
||
|
Appropriated from: |
|
|
|
||
|
State general
fund/general purpose |
|
$ |
25,252,500 |
||
|
Sec. 104.
BRANCHWIDE APPROPRIATIONS |
|
|
|
||
|
Full-time equated exempted positions |
4.0 |
|
|
||
|
Branchwide appropriations—FTEs |
4.0 |
$ |
8,767,800 |
||
|
GROSS
APPROPRIATION |
|
$ |
8,767,800 |
||
|
Appropriated from: |
|
|
|
||
|
State general
fund/general purpose |
|
$ |
8,767,800 |
||
|
Sec. 105.
JUSTICES’ AND JUDGES’ COMPENSATION |
|
|
|
||
|
Judges positions—587.0 justices and judges |
|
|
|
||
|
Supreme court justices’ salaries—7.0 justices |
|
$ |
1,210,400 |
||
|
Circuit court judges’ state base salaries—217.0 judges |
|
|
23,761,500 |
||
|
Circuit court judicial salary standardization |
|
|
9,922,100 |
||
|
Court of appeals judges’ salaries—25.0 judges |
|
|
4,200,200 |
||
|
District court judges’ state base salaries—235.0 judges |
|
|
25,303,300 |
||
|
District court judicial salary standardization |
|
|
10,745,200 |
||
|
Probate court judges’ state base salaries—103.0 judges |
|
|
11,189,800 |
||
|
Probate court judicial salary standardization |
|
|
4,669,600 |
||
|
Judges’ retirement system defined contributions |
|
|
5,173,200 |
||
|
OASI, Social Security |
|
|
6,494,300 |
||
|
GROSS
APPROPRIATION |
|
$ |
102,669,600 |
||
|
Appropriated from: |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Court fee fund |
|
|
3,329,400 |
||
|
State general fund/general
purpose |
|
$ |
99,340,200 |
||
|
Sec. 106.
JUDICIAL AGENCIES |
|
|
|
||
|
Full-time equated exempted positions |
7.0 |
|
|
||
|
Judicial tenure commission—FTEs |
7.0 |
$ |
1,408,700 |
||
|
GROSS
APPROPRIATION |
|
$ |
1,408,700 |
||
|
Appropriated from: |
|
|
|
||
|
State general fund/general
purpose |
|
$ |
1,408,700 |
||
|
Sec. 107.
INDIGENT DEFENSE - CRIMINAL |
|
|
|
||
|
Full-time equated exempted positions |
56.0 |
|
|
||
|
Appellate public defender program—FTEs |
56.0 |
$ |
8,644,400 |
||
|
GROSS
APPROPRIATION |
|
$ |
8,644,400 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Other federal grant revenues |
|
|
573,100 |
||
|
Special revenue funds: |
|
|
|
||
|
Private - interest on lawyers trust accounts |
|
|
88,900 |
||
|
Miscellaneous revenue |
|
|
173,100 |
||
|
State general
fund/general purpose |
|
$ |
7,809,300 |
||
|
Sec. 108.
INDIGENT CIVIL LEGAL ASSISTANCE |
|
|
|
||
|
Indigent civil legal assistance |
|
$ |
7,937,000 |
||
|
GROSS
APPROPRIATION |
|
$ |
7,937,000 |
||
|
Appropriated from: |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
State court fund |
|
|
7,937,000 |
||
|
State general
fund/general purpose |
|
$ |
0 |
||
|
Sec. 109.
TRIAL COURT OPERATIONS |
|
|
|
||
|
Full-time equated exempted positions |
13.0 |
|
|
||
|
Court equity fund reimbursements |
|
$ |
60,815,700 |
||
|
Drug case-flow program |
|
|
250,000 |
||
|
Drunk driving case-flow program |
|
|
3,300,000 |
||
|
Judicial technology improvement fund |
|
|
4,815,000 |
||
|
Juror compensation reimbursement—FTE |
1.0 |
|
6,608,900 |
||
|
Statewide e-file system—FTEs |
12.0 |
|
10,220,600 |
||
|
GROSS
APPROPRIATION |
|
$ |
86,010,200 |
||
|
Appropriated from: |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Court equity fund |
|
|
50,440,000 |
||
|
Drug fund |
|
|
250,000 |
||
|
Drunk driving fund |
|
|
3,300,000 |
||
|
Electronic filing fee fund |
|
|
10,220,600 |
||
|
Judicial technology improvement fund |
|
|
4,815,000 |
||
|
Juror compensation fund |
|
|
6,608,900 |
||
|
State general
fund/general purpose |
|
$ |
10,375,700 |
||
|
Sec. 110.
ONE-TIME APPROPRIATIONS |
|
|
|
||
|
Full-time equated exempted positions |
8.0 |
|
|
||
|
Compliance with Montgomery v Louisiana—FTEs |
7.0 |
$ |
881,100 |
||
|
Expansion of problem solving courts |
|
|
600,000 |
||
|
Pretrial risk assessment—FTE |
1.0 |
|
325,700 |
||
|
GROSS
APPROPRIATION |
|
$ |
1,806,800 |
||
|
Appropriated from: |
|
|
|
||
|
State general
fund/general purpose |
|
$ |
1,806,800 |
part 2
provisions concerning appropriations
for fiscal year 2020-2021
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 2020-2021 is $296,811,900.00. State spending from state
sources to be paid to local units of government under part 1 is
$146,925,300.00.
|
|
|
|
|||
|
SUPREME COURT |
|
|
|
||
|
Drug treatment
courts |
|
$ |
8,578,900 |
||
|
Mental health
courts and diversion services |
|
|
5,472,500 |
||
|
Next generation
Michigan court system |
|
|
4,116,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Swift and sure
sanctions program |
|
|
3,350,000 |
||
|
Veterans courts |
|
|
936,400 |
||
|
COURT OF APPEALS |
|
|
|
||
|
Court of appeals
operations |
|
$ |
200,000 |
||
|
JUSTICES’ AND
JUDGES’ COMPENSATION |
|
|
|
||
|
Circuit court
judicial salary standardization |
|
$ |
9,922,100 |
||
|
District court
judicial salary standardization |
|
|
10,745,200 |
||
|
Probate court
judges’ state base salaries |
|
|
11,189,800 |
||
|
Probate court
judicial salary standardization |
|
|
4,669,600 |
||
|
OASI, Social
Security |
|
|
1,134,600 |
||
|
TRIAL COURT
OPERATIONS |
|
|
|
||
|
Court equity fund
reimbursements |
|
$ |
60,815,700 |
||
|
Drug case-flow program |
|
|
250,000 |
||
|
Drunk driving
case-flow program |
|
|
3,300,000 |
||
|
Judicial
technology improvement fund |
|
|
4,815,000 |
||
|
Juror
compensation reimbursement |
|
|
6,608,900 |
||
|
Statewide e-file
system |
|
|
10,220,600 |
||
|
ONE-TIME
APPROPRIATIONS |
|
|
|
||
|
Expansion of
problem solving courts |
|
$ |
600,000 |
||
|
TOTAL |
|
$ |
146,925,300 |
Sec.
202. (1) 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.
(2) Funds
appropriated in part 1 to an entity within the judicial branch shall not be
expended or transferred to another account without written approval of the
authorized agent of the judicial entity. If the authorized agent of the
judicial entity notifies the state budget director of its approval of an
expenditure or transfer, the state budget director shall immediately make the
expenditure or transfer. The authorized judicial entity agent shall be
designated by the chief justice of the supreme court.
Sec. 203. As
used in this part and part 1:
(a) “DOJ”
means the United States Department of Justice.
(b) “DOT”
means the United States Department of Transportation.
(c) “FTE”
means full-time equated.
(d) “HHS”
means the United States Department of Health and Human Services.
(e) “IDG”
means interdepartmental grant.
(f) “OASI”
means old age survivor’s insurance.
(g) “SADO”
means the state appellate defender office created under the appellate defender
act, 1978 PA 620, MCL 780.711 to 780.719.
(h) “Title
IV-D” means the part of the federal social security act, 42 USC 301 to 1397mm,
pertaining to the child support enforcement program.
(i) “Title
IV-E” means the part of the federal social security act, 42 USC 301 to 1397mm,
pertaining to the foster care program.
Sec. 204. The
reporting requirements of this part shall be completed with the approval of,
and at the direction of, the supreme court, except as otherwise provided in
this part. The judicial branch shall use the internet to fulfill the reporting
requirements of this part. This requirement shall include transmission of reports
via electronic mail to the recipients identified for each reporting requirement
and it shall include placement of reports on an internet site.
Sec. 205.
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given
to goods or services, or both, manufactured or provided by Michigan businesses,
if they are competitively priced and of comparable quality. In addition,
preference shall be given to goods or services, or both, that are manufactured
or provided by Michigan businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 207. Not
later than January 1 of each year, the state court administrative office shall
prepare a report on out-of-state travel listing all travel by judicial branch
employees outside this state in the immediately preceding fiscal year that was
funded in whole or in part with funds appropriated in the budget for the
judicial branch. The report shall be submitted to the senate and house
appropriations committees, the senate and house fiscal agencies, and the state
budget office. The report shall include the following information:
(a) The dates
of each travel occurrence.
(b) The
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. Not
later than November 30, the state budget office shall prepare and transmit a
report that provides for estimates of the total general fund/general purpose appropriation
lapses at the close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation lapses by major
program or program areas. The report shall be transmitted to the chairpersons
of the senate and house appropriations committees and the senate and house
fiscal agencies.
Sec. 211. From
the funds appropriated in part 1, the judicial branch shall maintain a
searchable website accessible by the public at no cost that includes all
expenditures made by the judicial branch within a fiscal year. The posting
shall include the purpose for which each expenditure is made. The judicial
branch shall not provide financial information on its website under this
section if doing so would violate a federal or state law, rule, regulation, or
guideline that establishes privacy or security standards applicable to that
financial information.
Sec. 212.
Within 14 days after the release of the executive budget recommendation, the
judicial branch shall cooperate with the state budget office to provide the
senate and house appropriations committee chairs, the senate and house
appropriations subcommittee chairs, and the senate and house fiscal agencies
with an annual report on estimated state restricted fund balances, state
restricted fund projected revenues, and state restricted fund expenditures for
the prior 2 fiscal years.
Sec. 213. The
judiciary shall maintain, on a publicly accessible website, a scorecard that
identifies, tracks, and regularly updates key metrics that are used to monitor
and improve the judiciary’s performance.
Sec. 214.
Total authorized appropriations from all sources under part 1 for legacy costs
for the fiscal year ending September 30, 2021 are estimated at $15,249,300.00.
From this amount, total judiciary appropriations for pension-related legacy
costs are estimated at $7,316,800.00. Total judiciary appropriations for
retiree health care legacy costs are estimated at $7,932,500.00.
Sec. 215. The
judicial branch shall not take disciplinary action against an employee for
communicating with a member of the legislature or his or her staff, unless the
communication is prohibited by law and the judicial branch is exercising its
authority as provided by law.
Sec. 216. It
is the intent of the legislature that judges who are presiding over a hearing
on a foster care case shall publicly acknowledge and request the input of the
foster parent or foster parents during the hearing.
Sec. 217. If
the judicial branch makes any changes to a foster care family service plan
before its finalization, it is the intent of the legislature that the presiding
judge provide an explanation for any changes to that plan in the court record.
Sec. 218. From
the funds appropriated in part 1, the state court administrative office shall
identify programs, within the department of health and human services, the
department of labor and economic opportunity, and the department of
corrections, that have programmatic connections with the participants in the
swift and sure sanctions program. The purpose of this relationship is to
leverage collaborations and to determine avenues of success for offenders who
are eligible for state-provided programs. The state court administrative office
shall provide guidance to courts participating in the swift and sure sanctions
program, under the probation swift and sure sanctions act, chapter XIA of the
code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8, of the
available department of health and human services, department of labor and
economic opportunity, and department of corrections programming.
Sec. 219. The
judicial branch shall receive and retain copies of all reports funded from
appropriations in part 1. Federal and state guidelines for short-term and
long-term retention of records shall be followed. The judicial branch may
electronically retain copies of reports unless otherwise required by federal
and state guidelines.
JUDICIAL BRANCH
Sec. 301. From
the funds appropriated in part 1, the direct trial court automation support
program of the state court administrative office shall recover direct and
overhead costs from trial courts by charging for services rendered. The fee
shall cover the actual costs incurred to the direct trial court automation
support program in providing the service, including development of future
versions of case management systems.
Sec. 302.
Funds appropriated within the judicial branch shall not be expended by any
component within the judicial branch without the approval of the supreme court.
Sec. 303. Of
the amount appropriated in part 1 for the judicial branch, $711,900.00 is
allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL
800.453, and for costs associated with the court of claims.
Sec. 304. A member of the legislature may request a report or
data from the data collected in the judicial data warehouse. The report shall
be made available to the public upon request, unless disclosure is prohibited
by court order or state or federal law. Any data provided under this section
shall be public and non-identifying information.
Sec. 305. From the funds appropriated in part 1 for community
dispute resolution, community dispute resolution centers shall provide dispute
resolution services specified in the community dispute resolution act, 1988 PA
260, MCL 691.1551 to 691.1564, and shall help to reduce suspensions and
truancy, and improve school climate. Funding appropriated in part 1 for
community dispute resolution may be used to develop or expand juvenile
diversion services in cooperation with local prosecutors. Participation in the
dispute resolution processes is voluntary for all parties.
Sec. 307. From the funds appropriated in part 1 for mental
health courts and diversion services, $1,730,000.00 is intended to address the
recommendations of the mental health diversion council.
Sec. 308. If sufficient funds are not available from the
court fee fund to pay judges’ compensation, the difference between the
appropriated amount from that fund for judges’ compensation and the actual amount
available after the amount appropriated for trial court reimbursement is made
shall be appropriated from the state general fund for judges’ compensation. If
an appropriation is made under this section, the state court administrative
office shall notify, within 14 days of the appropriation, the senate and house
standing committees on appropriations, the senate and house appropriations
subcommittees on judiciary, the senate and house fiscal agencies, and the state
budget office.
Sec. 309. By April 1, the state court administrative office
shall provide a report on drug treatment, mental health, and veterans court
programs in this state. The report shall include information on the number of
each type of program that has been established, the number of program
participants in each jurisdiction, and the impact of the programs on offender
criminal involvement and recidivism. The report shall be submitted to the
senate and house appropriations subcommittees on judiciary, the senate and
house fiscal agencies, and the state budget office.
Sec. 311. (1) The funds appropriated in part 1 for drug
treatment courts as that term is defined in section 1060 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1060, shall be administered by the
state court administrative office to operate drug treatment court programs. A
drug treatment court shall be responsible for handling cases involving
substance abusing nonviolent offenders through comprehensive supervision,
testing, treatment services, and immediate sanctions and incentives. A drug treatment
court shall use all available county and state personnel involved in the
disposition of cases including, but not limited to, parole and probation
agents, prosecuting attorneys, defense attorneys, and community corrections providers.
The funds may be used in connection with other federal, state, and local
funding sources.
(2) From the funds appropriated in part 1, the chief justice
shall allocate sufficient funds for the Michigan judicial institute to provide
in-state training for those identified in subsection (1), including training
for new drug treatment court judges.
(3) For drug treatment court grants, consideration for
priority may be given to those courts where higher instances of substance abuse
cases are filed.
(4) The judiciary shall receive $1,500,000.00 in Byrne
formula grant funding as an interdepartmental grant from the department of
state police to be used for expansion of drug treatment courts, to assist in
avoiding prison bed space growth for nonviolent offenders in collaboration with
the department of corrections.
Sec. 312. From the funds appropriated in part 1, the state
court administrator shall produce a statistical report regarding the
implementation of the parental rights restoration act, 1990 PA 211, MCL 722.901
to 722.908, as it pertains to minors seeking court-issued waivers of parental
consent. The state court administrative office shall report the total number of
petitions filed and the total number of petitions granted under that act.
Sec. 316. (1) From the funds appropriated in part 1 for
pretrial risk assessment, the state court administrative office shall continue
to pilot a pretrial risk assessment tool in an effort to provide relevant
information to judges so they can make evidence-based bond decisions that will
increase public safety and reduce costs associated with unnecessary pretrial
detention.
(2) The state court administrative office shall submit a
status report by February 1 to the senate and house appropriations
subcommittees on judiciary, the senate and house fiscal agencies, and the state
budget office. The report shall include, but not be limited to, all of the
following:
(a) An assessment of the effectiveness of the pretrial risk
assessment tool pilot program that was implemented in the prior fiscal year.
The assessment shall include, but not be limited to, for defendants screened by
the pretrial risk assessment tool, the failure to appear rate for each type of
bond, including personal recognizance with or without conditions, 10% deposit bail
with or without conditions, and cash or surety bail with or without conditions.
(b) Plans to expand use of the assessment tool.
(c) Details on prior year expenditures, allocations, and
planned expenditures.
Sec. 317. Funds appropriated in part 1 shall not be used for
the permanent assignment of state-owned vehicles to justices or judges or any
other judicial branch employee. This section does not preclude the use of
state-owned motor pool vehicles for state business in accordance with approved
guidelines.
Sec. 320. (1) From the funds appropriated in part 1 for the
swift and sure sanctions program, created under section 3 of chapter XIA of the
code of criminal procedure, 1927 PA 175, MCL 771A.3, the state court
administrative office shall administer a program to distribute grants to
qualifying courts in accordance with the objectives and requirements of the
probation swift and sure sanctions act, chapter XIA of the code of criminal
procedure, 1927 PA 175, MCL 771A.1 to 771A.8. Of the funds designated for the
program, not more than $100,000.00 shall be available to the state court
administrative office to pay for employee costs associated with the
administration of the program funds. Of the funds designated for the program,
$500,000.00 is reserved for programs in counties that had more than 325
individuals sentenced to prison in the previous calendar year. Courts
interested in participating in the swift and sure sanctions program may apply
to the state court administrative office for a portion of the funds appropriated
in part 1 under this section.
(2) By April 1, the state court administrative office, in
cooperation with the department of corrections, shall provide a report on the
courts that receive funding under the swift and sure sanctions program described
in subsection (1) to the senate and house appropriations subcommittees on
judiciary, the senate and house fiscal agencies, and the state budget office.
The report shall include all of the following:
(a) The number of offenders who participate in the program.
(b) The criminal history of offenders who participate in the
program.
(c) The recidivism rate of offenders who participate in the
program, including the rate of return to jail, prison, or both.
(d) A detailed description of the establishment and
parameters of the program.
(e) A list of courts participating in the program.
(f) An accounting of prior year expenditures, including grant
amounts requested by the courts, grant amounts awarded to the courts, and grant
amounts expended by the courts.
(3) As used in this section, “program” means a swift and sure
sanctions program described in subsection (1).
Sec. 321. From the funds appropriated in part 1, the judicial
branch shall support a statewide legal self-help internet website and local
nonprofit self-help centers that use the statewide website to provide
assistance to individuals representing themselves in civil legal proceedings.
The state court administrative office shall summarize the costs of maintaining
the website, provide statistics on the number of people visiting the website,
and provide information on content usage, form completion, and user feedback.
By March 1, the state court administrative office shall report this information
for the preceding fiscal year to the senate and house appropriations
subcommittees on judiciary, the senate and house fiscal agencies, and the state
budget office.
Sec. 322. If Byrne formula grant funding is awarded to the
state appellate defender in excess of the amount appropriated in part 1, the state
appellate defender office may receive and expend Byrne formula grant funds in
an amount not to exceed $250,000.00 as an interdepartmental grant from the
department of state police. If the appellate defender appointed under section 3
of the appellate defender act, 1978 PA 620, MCL 780.713, receives federal grant
funding from the United States Department of Justice in excess of the amount
appropriated in part 1, the office of appellate defender may receive and expend
grant funds in an amount not to exceed $300,000.00 as other federal grants.
Sec. 324. From the funds appropriated in part 1 for the
medication-assisted treatment program, the judiciary shall maintain a
medication-assisted treatment program to provide treatment for opioid-addicted
and alcohol-addicted individuals who are referred to and voluntarily
participate in the medication-assisted treatment program.
ONE-TIME
APPROPRIATIONS
Sec. 402. (1) From the funds appropriated in part 1, the
state appellate defender office attorneys and support staff shall ensure
Michigan compliance with Montgomery v Louisiana, 577 US _____ (2016).
The purpose of the program is to ensure competent, resourced, and supervised
counsel in cases involving the resentencing of juvenile lifers. The representation
by SADO counsel will create opportunities for release, saving prison costs for
the state.
(2) The state appellate defender office shall submit a report
by September 30 to the senate and house appropriations subcommittees on
judiciary, the senate and house fiscal agencies, and the state budget office on
the number of juvenile lifer cases investigated and prepared by the state
appellate defender office. The report shall include a calculation of hours
spent and focus on incremental costs associated with investigating and
conducting a robust examination of each case, with particular emphasis on those
costs that may be avoided after the cases have been disposed.
Sec. 403. From the funds appropriated in part 1 for expansion
of problem solving courts, $100,000.00 shall be used by the state court
administrative office to create a pilot program in a veterans treatment court
or a mental health treatment court, or both, that investigates the
effectiveness of oral fluid testing to determine compliance with required
mental health medicine prescriptions or requirements.
ARTICLE 9
DEPARTMENT OF LICENSING AND
REGULATORY AFFAIRS
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of
licensing and regulatory affairs for the fiscal year ending September 30, 2021,
from the following funds:
|
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS |
|
|
|
|||
|
APPROPRIATION
SUMMARY |
|
|
|
|||
|
Full-time equated unclassified positions |
30.0 |
|
|
|||
|
Full-time equated classified positions |
1,827.9 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
484,389,600 |
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
46,664,600 |
|||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
437,725,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal revenues |
|
|
28,823,700 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
0 |
|||
|
Total private revenues |
|
|
0 |
|||
|
Total other state restricted revenues |
|
|
259,295,700 |
|||
|
State general
fund/general purpose |
|
$ |
149,605,600 |
|||
|
Sec. 102.
DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
|||
|
Full-time equated unclassified positions |
30.0 |
|
|
|||
|
Full-time equated classified positions |
100.0 |
|
|
|||
|
Unclassified salaries—FTEs |
30.0 |
$ |
2,572,400 |
|||
|
Administrative services—FTEs |
73.0 |
|
8,644,800 |
|||
|
Executive director programs—FTEs |
24.0 |
|
2,916,600 |
|||
|
FOIA coordination—FTEs |
3.0 |
|
331,900 |
|||
|
Property management |
|
|
8,218,600 |
|||
|
Worker’s compensation |
|
|
304,300 |
|||
|
GROSS
APPROPRIATION |
|
$ |
22,988,600 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG from DIFS, accounting services |
|
|
150,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
EPA, underground storage tanks |
|
|
30,500 |
|||
|
HHS-Medicaid, certification of health care providers and
suppliers |
|
|
421,900 |
|||
|
HHS-Medicare, certification of health care providers and
suppliers |
|
|
613,500 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Aboveground storage tank fees |
|
|
94,400 |
|||
|
Accountancy enforcement fund |
|
|
61,300 |
|||
|
Boiler inspection fund |
|
|
288,400 |
|||
|
Builder enforcement fund |
|
|
102,900 |
|||
|
Construction code fund |
|
|
831,200 |
|||
|
Corporation fees |
|
|
4,409,800 |
|||
|
Elevator fees |
|
|
310,600 |
|||
|
Fire alarm fees |
|
|
7,400 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Fire safety standard and enforcement fund |
|
|
2,100 |
|||
|
Fire service fees |
|
|
461,300 |
|||
|
Fireworks safety fund |
|
|
60,500 |
|||
|
Health professions regulatory fund |
|
|
1,725,400 |
|||
|
Health systems fees |
|
|
257,600 |
|||
|
Licensing and regulation fund |
|
|
995,700 |
|||
|
Liquor license revenue |
|
|
300,000 |
|||
|
Liquor purchase revolving fund |
|
|
3,205,900 |
|||
|
Marihuana registry fund |
|
|
823,300 |
|||
|
Marihuana regulation fund |
|
|
412,600 |
|||
|
Marihuana regulatory fund |
|
|
685,200 |
|||
|
Michigan unarmed combat fund |
|
|
5,900 |
|||
|
Mobile home code fund |
|
|
285,300 |
|||
|
Nurse professional fund |
|
|
38,900 |
|||
|
PMECSEMA fund |
|
|
46,500 |
|||
|
Property development fees |
|
|
7,400 |
|||
|
Public utility assessments |
|
|
3,163,200 |
|||
|
Real estate appraiser education fund |
|
|
2,600 |
|||
|
Real estate education fund |
|
|
11,400 |
|||
|
Real estate enforcement fund |
|
|
11,700 |
|||
|
Refined petroleum fund |
|
|
173,300 |
|||
|
Restructuring mechanism assessments |
|
|
31,900 |
|||
|
Securities fees |
|
|
1,729,700 |
|||
|
Securities investor education and training fund |
|
|
9,200 |
|||
|
Security business fund |
|
|
7,000 |
|||
|
Survey and remonumentation fund |
|
|
98,300 |
|||
|
Tax tribunal fund |
|
|
825,300 |
|||
|
Utility consumer representation fund |
|
|
54,000 |
|||
|
State general
fund/general purpose |
|
$ |
235,500 |
|||
|
Sec. 103. PUBLIC SERVICE COMMISSION |
|
|
|
|||
|
Full-time equated classified positions |
188.0 |
|
|
|||
|
Public service commission—FTEs |
188.0 |
$ |
33,014,200 |
|||
|
GROSS
APPROPRIATION |
|
$ |
33,014,200 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DOT, gas pipeline safety |
|
|
2,273,300 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Public utility assessments |
|
|
30,168,300 |
|||
|
Restructuring mechanism assessments |
|
|
572,600 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 104.
LIQUOR CONTROL COMMISSION |
|
|
|
|||
|
Full-time equated classified positions |
145.0 |
|
|
|||
|
Liquor licensing and enforcement—FTEs |
116.0 |
$ |
16,579,200 |
|||
|
Management support services—FTEs |
29.0 |
|
4,710,600 |
|||
|
GROSS
APPROPRIATION |
|
$ |
21,289,800 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Direct shipper enforcement revolving fund |
|
|
303,300 |
|||
|
Liquor control enforcement and license investigation revolving
fund |
|
|
175,000 |
|||
|
Liquor license fee enhancement fund |
|
|
76,400 |
|||
|
Liquor license revenue |
|
|
7,848,500 |
|||
|
Liquor purchase revolving fund |
|
|
12,886,600 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 105.
OCCUPATIONAL REGULATION |
|
|
|
|||
|
Full-time equated classified positions |
1,166.9 |
|
|
|||
|
Adult foster care and camps licensing and regulation—FTEs |
96.0 |
$ |
13,144,400 |
|||
|
Bureau of community and health systems administration—FTEs |
20.0 |
|
13,365,700 |
|||
|
Bureau of construction codes—FTEs |
182.0 |
|
23,980,600 |
|||
|
Bureau of fire services—FTEs |
79.0 |
|
12,552,700 |
|||
|
Bureau of professional licensing—FTEs |
205.0 |
|
40,873,400 |
|||
|
Childcare licensing and regulation—FTEs |
117.0 |
|
18,652,000 |
|||
|
Corporations, securities, and commercial licensing bureau—FTEs |
109.0 |
|
15,275,400 |
|||
|
Health facilities regulation—FTEs |
192.9 |
|
23,289,400 |
|||
|
Marihuana treatment research |
|
|
20,000,000 |
|||
|
Medical marihuana facilities licensing and tracking—FTEs |
99.0 |
|
11,682,200 |
|||
|
Medical marihuana program—FTEs |
25.0 |
|
5,162,500 |
|||
|
Nurse aide program—FTEs |
8.0 |
|
600,000 |
|||
|
Recreational marihuana regulation—FTEs |
34.0 |
|
6,736,200 |
|||
|
Urban search and rescue |
|
|
1,000,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
206,314,500 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG from MDE, child care licensing |
|
|
19,833,800 |
|||
|
Federal revenues: |
|
|
|
|||
|
DHS, fire training systems |
|
|
528,000 |
|||
|
DOT, hazardous materials training and planning |
|
|
60,000 |
|||
|
EPA, underground storage tanks |
|
|
804,400 |
|||
|
HHS-Medicaid, certification of health care providers and
suppliers |
|
|
8,757,200 |
|||
|
HHS-Medicare, certification of health care providers and
suppliers |
|
|
14,147,600 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Aboveground storage tank fees |
|
|
230,400 |
|||
|
Accountancy enforcement fund |
|
|
778,600 |
|||
|
Adult foster care facilities licenses fund |
|
|
411,600 |
|||
|
Boiler inspection fund |
|
|
3,442,600 |
|||
|
Builder enforcement fund |
|
|
644,000 |
|||
|
Child care home and center licenses fund |
|
|
501,700 |
|||
|
Construction code fund |
|
|
8,335,400 |
|||
|
Corporation fees |
|
|
7,734,600 |
|||
|
Division on deafness fund |
|
|
93,400 |
|||
|
Elevator fees |
|
|
4,413,900 |
|||
|
Fire alarm fees |
|
|
133,700 |
|||
|
Fire safety standard and enforcement fund |
|
|
41,000 |
|||
|
Fire service fees |
|
|
2,662,100 |
|||
|
Fireworks safety fund |
|
|
1,236,200 |
|||
|
Health professions regulatory fund |
|
|
25,407,700 |
|||
|
Health systems fees |
|
|
3,937,400 |
|||
|
Licensing and regulation fund |
|
|
12,654,100 |
|||
|
Liquor purchase revolving fund |
|
|
149,500 |
|||
|
Marihuana registry fund |
|
|
5,162,500 |
|||
|
Marihuana regulation fund |
|
|
26,736,200 |
|||
|
Marihuana regulatory fund |
|
|
12,182,200 |
|||
|
Mobile home code fund |
|
|
3,088,500 |
|||
|
Nurse aide registration fund |
|
|
600,000 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Nurse professional fund |
|
|
1,967,000 |
|||
|
Nursing home administrative penalties |
|
|
100,000 |
|||
|
PMECSEMA fund |
|
|
1,894,000 |
|||
|
Property development fees |
|
|
292,600 |
|||
|
Real estate appraiser education fund |
|
|
65,500 |
|||
|
Real estate education fund |
|
|
347,100 |
|||
|
Real estate enforcement fund |
|
|
704,400 |
|||
|
Refined petroleum fund |
|
|
2,655,900 |
|||
|
Securities fees |
|
|
5,519,600 |
|||
|
Securities investor education and training fund |
|
|
494,300 |
|||
|
Security business fund |
|
|
236,500 |
|||
|
Survey and remonumentation fund |
|
|
885,400 |
|||
|
State general
fund/general purpose |
|
$ |
26,443,900 |
|||
|
Sec. 106.
MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES |
|
|
|
|||
|
Full-time equated classified positions |
212.0 |
|
|
|||
|
Michigan office of administrative hearings and rules—FTEs |
212.0 |
$ |
38,834,800 |
|||
|
GROSS
APPROPRIATION |
|
$ |
38,834,800 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG revenues—administrative hearings and rules |
|
|
26,680,800 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Construction code fund |
|
|
26,800 |
|||
|
Corporation fees |
|
|
4,321,200 |
|||
|
Health professions regulatory fund |
|
|
411,100 |
|||
|
Health systems fees |
|
|
161,600 |
|||
|
Licensing and regulation fund |
|
|
890,300 |
|||
|
Liquor purchase revolving fund |
|
|
713,500 |
|||
|
Marihuana regulation fund |
|
|
100,000 |
|||
|
Marihuana regulatory fund |
|
|
252,500 |
|||
|
Public utility assessments |
|
|
2,668,600 |
|||
|
Securities fees |
|
|
1,070,500 |
|||
|
Tax tribunal fund |
|
|
852,300 |
|||
|
State general
fund/general purpose |
|
$ |
685,600 |
|||
|
Sec. 107.
COMMISSIONS |
|
|
|
|||
|
Full-time equated classified positions |
16.0 |
|
|
|||
|
Michigan indigent defense commission—FTEs |
16.0 |
$ |
2,714,000 |
|||
|
Michigan unarmed combat commission |
|
|
126,200 |
|||
|
GROSS
APPROPRIATION |
|
$ |
2,840,200 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Michigan unarmed combat fund |
|
|
126,200 |
|||
|
State general
fund/general purpose |
|
$ |
2,714,000 |
|||
|
Sec. 108.
DEPARTMENT GRANTS |
|
|
|
|||
|
Firefighter training grants |
|
$ |
2,300,000 |
|||
|
Liquor law enforcement grants |
|
|
8,400,000 |
|||
|
Medical marihuana operation and oversight grants |
|
|
3,000,000 |
|||
|
Michigan indigent defense commission grants |
|
|
117,467,400 |
|||
|
Remonumentation grants |
|
|
6,800,000 |
|||
|
Utility consumer representation fund |
|
|
750,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
138,717,400 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Fireworks safety fund |
|
|
2,300,000 |
|||
|
Liquor license revenue |
|
|
8,400,000 |
|||
|
Local indigent defense reimbursement |
|
|
200,000 |
|||
|
Marihuana registry fund |
|
|
3,000,000 |
|||
|
Survey and remonumentation fund |
|
|
6,800,000 |
|||
|
Utility consumer representation fund |
|
|
750,000 |
|||
|
State general
fund/general purpose |
|
$ |
117,267,400 |
|||
|
Sec. 109.
INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information technology services and projects |
|
$ |
19,390,100 |
|||
|
GROSS
APPROPRIATION |
|
$ |
19,390,100 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DOT, gas pipeline safety |
|
|
45,000 |
|||
|
EPA, underground storage tanks |
|
|
100,200 |
|||
|
HHS-Medicaid, certification of health care providers and suppliers |
|
|
358,300 |
|||
|
HHS-Medicare, certification of health care providers and
suppliers |
|
|
683,800 |
|||
|
Aboveground storage tank fees |
|
|
34,600 |
|||
|
Accountancy enforcement fund |
|
|
1,100 |
|||
|
Boiler inspection fund |
|
|
338,800 |
|||
|
Construction code fund |
|
|
778,800 |
|||
|
Corporation fees |
|
|
4,693,100 |
|||
|
Elevator fees |
|
|
476,900 |
|||
|
Fire safety standard and enforcement fund |
|
|
3,000 |
|||
|
Fire service fees |
|
|
199,200 |
|||
|
Fireworks safety fund |
|
|
47,200 |
|||
|
Health professions regulatory fund |
|
|
1,371,300 |
|||
|
Health systems fees |
|
|
348,200 |
|||
|
Licensing and regulation fund |
|
|
1,901,700 |
|||
|
Liquor purchase revolving fund |
|
|
3,389,800 |
|||
|
Marihuana registry fund |
|
|
352,100 |
|||
|
Marihuana regulation fund |
|
|
270,900 |
|||
|
Marihuana regulatory fund |
|
|
291,800 |
|||
|
Michigan unarmed combat fund |
|
|
6,800 |
|||
|
Mobile home code fund |
|
|
171,400 |
|||
|
PMECSEMA fund |
|
|
68,600 |
|||
|
Public utility assessments |
|
|
1,508,200 |
|||
|
Real estate appraiser education fund |
|
|
1,000 |
|||
|
Real estate education fund |
|
|
1,900 |
|||
|
Refined petroleum fund |
|
|
170,800 |
|||
|
Restructuring mechanism assessments |
|
|
28,100 |
|||
|
Securities fees |
|
|
229,700 |
|||
|
Securities investor education and training fund |
|
|
1,000 |
|||
|
Survey and remonumentation fund |
|
|
74,100 |
|||
|
Tax tribunal fund |
|
|
183,500 |
|||
|
State general
fund/general purpose |
|
$ |
1,259,200 |
|||
|
Sec. 110.
ONE-TIME APPROPRIATIONS |
|
|
|
|||
|
Michigan saves |
|
$ |
1,000,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
1,000,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
State general
fund/general purpose |
|
$ |
1,000,000 |
|||
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under part 1 for
fiscal year 2020-2021 is $408,901,300.00 and state spending from state sources
to be paid to local units of government for fiscal year 2020-2021 is
$137,967,400.00. The itemized statement below identifies appropriations from
which spending to local units of government will occur:
|
DEPARTMENT OF
LICENSING AND REGULATORY AFFAIRS |
|
|
|
|
Firefighter training grants |
|
$ |
2,300,000 |
|
Liquor law enforcement grants |
|
|
8,400,000 |
|
Medical marihuana operation and oversight grants |
|
|
3,000,000 |
|
Michigan indigent defense commission grants |
|
|
117,467,400 |
|
Remonumentation grants |
|
|
6,800,000 |
|
TOTAL DEPARTMENT
OF LICENSING AND REGULATORY AFFAIRS |
|
$ |
137,967,400 |
Sec.
202. The appropriations authorized under this part and part 1 are subject to
the management and budget act, 1984 PA 431,
Sec. 203. As
used in this part and part 1:
(a) “Department”
means the department of licensing and regulatory affairs.
(b) “Director”
means the director of the department.
(c) “FOIA”
means the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(d) “FTE”
means full-time equated.
(e) “IDG”
means interdepartmental grant.
(f) “Subcommittees”
means the subcommittees of the house and senate appropriations committees with
jurisdiction over the budget for the department.
Sec. 204. The
department shall use the internet to fulfill the reporting requirements of this
part. This requirement shall include transmission of reports via electronic
mail to the recipients identified for each reporting requirement and it shall
include placement of reports on an internet site.
Sec. 205.
Funds appropriated in this part and part 1 shall not be used for the purchase of
foreign goods or services, or both, if competitively priced and of comparable
quality American goods or services, or both, are available. Preference shall be
given to goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable quality. In
addition, preference shall be given to goods or services, or both, that are
manufactured or provided by Michigan businesses owned and operated by veterans,
if they are competitively priced and of comparable quality.
Sec. 206. The
department shall not take disciplinary action against an employee of the
department or departmental agency in the state classified civil service because
the employee communicates with a member of the legislature or his or her 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. 207. (1) Out-of-state travel shall be limited to situations when
travel is approved by a departmental employee’s immediate supervisor and in
which 1 or more of the following conditions apply:
(a) The travel
is required by legal mandate or court order or for law enforcement purposes.
(b) The travel
is necessary to protect the health or safety of Michigan citizens or visitors
or to assist other states in similar circumstances.
(c) The travel
is necessary to produce budgetary savings or to increase state revenues,
including protecting existing federal funds or securing additional federal
funds.
(d) The travel
is necessary to comply with federal requirements.
(e) The travel
is necessary to secure specialized training for staff that is not available
within this state.
(f) The travel
is financed entirely by federal or nonstate funds.
(2) The
department shall not approve the travel of more than 1 departmental employee to
a specific professional development conference or training seminar that is
located outside of this state unless a professional development conference or
training seminar is funded by a federal or private funding source and requires
more than 1 individual from the department to attend, or the conference or
training seminar includes multiple issues in which 1 employee from the
department does not have expertise.
(3) Not later
than January 1, the department shall prepare a travel report listing all travel
by classified and unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with funds
appropriated in the department’s budget. The report shall be submitted to the
house and senate appropriations committees, the senate and house fiscal
agencies, and the state budget director. The report shall include all of the
following information:
(a) The name
of each person receiving reimbursement for travel outside this state or whose
travel costs were paid by this state.
(b) The
destination of each travel occurrence.
(c) The dates
of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The
transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
(f) A total of
all out-of-state travel funded for the immediately preceding fiscal year.
Sec. 208.
Funds appropriated in part 1 shall not be used by the department to hire a person to provide legal services
that are the responsibility of the
attorney general. This prohibition does not apply to legal services for bonding
activities and for those outside services that the attorney general authorizes.
Sec. 209. Not
later than November 30, the state budget office shall prepare and transmit a report
that provides for estimates of the total general fund/general purpose
appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house appropriations
committees and the senate and house fiscal agencies.
Sec. 210. (1)
In addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $1,000,000.00 for federal contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(2) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $1,500,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(3) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $200,000.00 for local contingency funds. These funds are not available
for expenditure until they have been transferred to another line item in part 1
under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In
addition to the funds appropriated in part 1, there is appropriated an amount not
to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item
in part 1 under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 211. The
department shall cooperate with the department of technology, management, and
budget to maintain a searchable website accessible by the public at no cost
that includes, but is not limited to, all of the following for the department
and each agency:
(a) Fiscal year-to-date
expenditures by category.
(b) Fiscal
year-to-date expenditures by appropriation unit.
(c) Fiscal
year-to-date payments to a selected vendor, including the vendor name, payment
date, payment amount, and payment description.
(d) The number
of active department employees by job classification.
(e) Job
specifications and wage rates.
Sec. 212.
Within 14 days after the release of the executive budget recommendation, the
department shall cooperate with the state budget office to provide the chairpersons
of the senate and house appropriations committees, the chairpersons of the
subcommittees, and the senate and house fiscal agencies with an annual report
on estimated state restricted fund balances, state restricted fund projected
revenues, and state restricted fund expenditures for the prior 2 fiscal years.
Sec. 213. The
department shall maintain, on a publicly accessible website, a department
scorecard that identifies, tracks, and regularly updates key metrics that are
used to monitor and improve the department’s performance.
Sec. 214.
Total authorized appropriations from all sources under part 1 for legacy costs
for the fiscal year ending September 30, 2021 are estimated at $47,354,500.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $22,721,300.00. Total agency appropriations for retiree health
care legacy costs are estimated at $24,633,200.00.
Sec. 215. To
the extent permissible under the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, the director shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and perform
contracts to provide services or supplies, or both. The director shall strongly
encourage firms with which the department contracts to subcontract with
certified businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 216. (1)
On a quarterly basis, the department shall report to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
the department budget, and the senate and house fiscal agencies the following
information:
(a) The number
of FTEs in pay status by type of staff and civil service classification.
(b) A
comparison by line item of the number of FTEs authorized from funds
appropriated in part 1 to the actual number of FTEs employed by the department
at the end of the reporting period.
(2) By April 1
of the current fiscal year and semiannually thereafter, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) Number of
employees that were engaged in remote work in 2020.
(b) Number of
employees authorized to work remotely and the actual number of those working
remotely in the current reporting period.
(c) Estimated
net cost savings achieved by remote work.
(d) Reduced
use of office space associated with remote work.
Sec. 217.
Appropriations in part 1 shall, to the extent possible by the department, not
be expended until all existing work project authorization available for the
same purposes is exhausted.
Sec. 218. If
the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3,
transfers funds from an amount appropriated under this article, the legislature
may, by a concurrent resolution adopted by a majority of the members elected to
and serving in each house, intertransfer funds within this article for the particular
department, board, commission, officer, or institution.
Sec. 219. The
departments and agencies receiving appropriations in part 1 shall receive and
retain copies of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records shall be
followed. The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 220. The
department shall report no later than April 1 on each specific policy change
made to implement a public act affecting the department that took effect during
the prior calendar year to the senate and house appropriations committees, the
subcommittees, the joint committee on administrative rules, and the senate and
house fiscal agencies.
Sec. 221. The
department may carry into the succeeding fiscal year unexpended federal
pass-through funds to local institutions and governments that do not require
additional state matching funds. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those included in
part 1 and that do not require additional state matching funds are appropriated
for the purposes intended. Within 14 days after the receipt of federal pass-through
funds, the department shall notify the house and senate chairpersons of the
subcommittees, the senate and house fiscal agencies, and the state budget
director of pass-through funds appropriated under this section.
Sec. 222. (1)
Grants supported with private revenues received by the department are
appropriated upon receipt and are available for expenditure by the department,
subject to subsection (3), for purposes
specified within the grant agreement and as permitted under state and federal
law.
(2) Within 10 days after the receipt of a private grant appropriated in
subsection (1), the department shall notify the house and senate chairpersons
of the subcommittees, the senate and house fiscal agencies, and the state budget
director of the receipt of the grant, including the fund source, purpose, and
amount of the grant.
(3) The amount appropriated under subsection (1) shall not exceed
$1,500,000.00.
Sec. 223. (1)
The department may charge registration fees to attendees of informational,
training, or special events sponsored by the department, and related to
activities that are under the department’s purview.
(2) These fees
shall reflect the costs for the department to sponsor the informational,
training, or special events.
(3) Revenue
generated by the registration fees is appropriated upon receipt and available
for expenditure to cover the department’s costs of sponsoring informational,
training, or special events.
(4) Revenue
generated by registration fees in excess of the department’s costs of
sponsoring informational, training, or special events shall carry forward to
the subsequent fiscal year and not lapse to the general fund.
(5) The amount
appropriated under subsection (3) shall not exceed $500,000.00.
Sec. 224. The
department may make available to interested entities otherwise unavailable
customized listings of nonconfidential information in its possession, such as
names and addresses of licensees. The department may establish and collect a
reasonable charge to provide this service. The revenue received from this service
is appropriated when received and shall be used to offset expenses to provide
the service. Any balance of this revenue collected and unexpended at the end of
the fiscal year shall lapse to the appropriate restricted fund.
Sec. 225. (1) The department shall sell documents at a price
not to exceed the cost of production and distribution. Money received from the
sale of these documents shall revert to the department. In addition to the
funds appropriated in part 1, these funds are available for expenditure when
they are received by the department of treasury. This subsection applies only
for the following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(6) of the
business corporation act, 1972 PA 284,
(b) The Michigan liquor control code of 1998, 1998 PA 58,
(c) The mobile home commission act, 1987 PA 96,
(d) Construction code manuals.
(e) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds
appropriated for the department under sections 57, 58, and 59 of the
administrative procedures act of 1969, 1969 PA 306,
(3) Unexpended funds at the end of the fiscal year shall
carry forward to the subsequent fiscal year and not lapse to the general fund.
Sec. 226. (1) Not later than December 31, the department
shall submit a report to the subcommittees, the senate and house fiscal
agencies, and the state budget director pertaining to licensing and regulatory
programs during the previous 3 fiscal years, if available, for the following
agencies:
(a) Liquor control commission.
(b) Bureau of fire services.
(c) Bureau of construction codes.
(d) Corporations, securities, and commercial licensing
bureau.
(e) Bureau of professional licensing.
(f) Bureau of community and health systems.
(2) The report shall be in a format that is consistent
between the agencies listed in subsection (1) and shall provide, but is not
limited to, the following information for the 3 previous fiscal years, as applicable,
for each agency; agencies listed in subsection (1)(a) and (b) shall report by
regulated activity and agencies listed in subsection (1)(c), (d), (e), and (f)
shall report by regulatory product and/or regulated activity:
(a) Revenue generated by and expenditures disbursed by
regulatory fund.
(b) Revenue generated by regulatory product or regulated
activity.
(c) The renewal cycle and amount of each fee charged.
(d) Number of initial applications.
(e) Number of initial applications denied.
(f) Number of license renewals.
(g) Average amount of time to approve or deny completed
applications.
(h) Number of examinations proctored for initial
applications.
(i) A description of the types of complaints received.
(j) A description of the process used to resolve complaints.
(k) Number of complaints received.
(l) Number of complaints investigated.
(m) Number of complaints closed with no action.
(n) Number of complaints resulting in administrative actions
or citations.
(o) Average amount of time to complete investigations.
(p) Number of enforcement actions, including license
revocations, suspensions, and fines.
(q) A description of the types of enforcement actions taken
against licensees.
(r) Number of administrative hearing adjudications.
(3) As used in subsection (2), “regulatory product” means
each occupation, profession, trade, or program, which includes licensure,
certification, registration, inspection, review, permitting, approval, or any
other regulatory service provided by the agencies specified in subsection (1)
for each regulated activity. As used in this subsection and subsection (2), “regulated
activity” means the particular activities, entities, facilities, and industries
regulated by the agencies specified in subsection (1).
Sec. 227. It
is the intent of the legislature that the department establish an employee
performance monitoring process that is consistent throughout the department in
addition to current civil service commission evaluations. By April 1, the
department shall submit a report to the state budget office, the subcommittees,
and the senate and house fiscal agencies on changes to the employee performance
monitoring process that are planned or implemented, as well as the number of
employee evaluations performed.
Sec. 228. Unless prohibited by law, the department may accept credit card
or other electronic means of payment for licenses, fees, or permits.
Sec. 229. The department shall submit a report to the subcommittees, the
senate and house fiscal agencies, and the state budget director by September 30
detailing any expenditure of funds for a television or radio production that
was made to a third-party vendor in the fiscal year ending September 30, 2021.
The report must include the following information for each expenditure:
(a) Total amount of the expenditure.
(b) Fund source for the expenditure.
(c) Name of the vendor(s) that created the production and the amount paid
to the vendor(s).
(d) Purpose of the production.
PUBLIC SERVICE COMMISSION
Sec. 301. The public service commission administers the low-income energy
assistance grant program on behalf of the Michigan department of health and
human services via an interagency agreement. Funds supporting the grant program
are appropriated in the department upon awarding of grants and may be expended
for grant payments and administrative related expenses incurred in the
operation of the program.
LIQUOR CONTROL COMMISSION
Sec. 401. (1) From the appropriations in part 1 from
the direct shipper enforcement fund, the liquor control commission shall expend
these funds as required under section 203(11) of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1203, to investigate and audit unlawful
direct shipments of wine by unlicensed wineries and retailers, with priority
directed toward unlicensed out-of-state retailers and third-party marketers. In
addition to other investigative methods, the commission shall use shipping
records available to it under section 203(21) of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1203, to assist with this effort. The liquor
control commission must refer all unlicensed out-of-state retailers and
third-party marketers identified with the shipping records to the attorney
general.
(2) By
February 1, the liquor control commission shall provide a report to the legislature,
the subcommittees, and the state budget director detailing the commission’s
activities to investigate and audit the illegal shipping of wine and the
results of these activities. The report shall include the following:
(a) Work hours
spent, specific actions undertaken, and the number of FTEs dedicated to
identifying and stopping unlicensed out-of-state retailers, third-party
marketers, and wineries that ship illegally in Michigan.
(b) General
overview of expenditures associated with efforts to identify and stop
unlicensed out-of-state retailers, third-party marketers, and wineries that
ship illegally in Michigan.
(c) Number of
out-of-state entities found to have illegally shipped wine into Michigan and
total number of bottles (750 ml), number of cases with 750 ml bottles, number
of liters, number of gallons, or weight of illegally shipped wine. These items
must be broken down by total number of retailers and total number of wineries.
(d) Suggested
areas of focus on how to address direct shipper enforcement and illegal
importation in the future.
(e) Number of
unlicensed out-of-state entities found to have illegally shipped wine into
Michigan identified with the shipping records under subsection (1).
(f) Number of
notices sent under subsection (3).
(3) From the
appropriations in part 1 from the direct shipper enforcement fund, the liquor
control commission shall send a notice to each unlicensed out-of-state entity
found to have illegally shipped wine into Michigan that has been identified via
the shipping records under subsection (1). The notice must include all of the
following:
(a)
Notification that shipping wine into Michigan by retailers and third-party
marketers is illegal, and wineries shipping into Michigan must obtain a direct
shipper license.
(b) Under
section 909 of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1909, making unlawful shipments of wine into Michigan may be a felony
punishable by imprisonment for not more than 4 years or a fine of not more than
$5,000.00, or both.
(c) Notice
that the matter has been referred to the attorney general.
OCCUPATIONAL
REGULATION
Sec. 501. Money appropriated under this part and part 1 for
the bureau of fire services shall not be expended unless, in accordance with
section 2c of the fire prevention code, 1941 PA 207,
|
Operation and maintenance inspection fee |
|||
|
Facility type |
Facility size |
Fee |
|
|
Hospitals |
Any |
$8.00 per bed |
|
|
Plan review and construction inspection fees for |
|||
|
hospitals and schools |
|||
|
Project cost range |
Fee |
||
|
$101,000.00 or less |
minimum fee of $155.00 |
||
|
$101,001.00 to $1,500,000.00 |
$1.60 per $1,000.00 |
||
|
$1,500,001.00 to $10,000,000.00 |
$1.30 per $1,000.00 |
||
|
$10,000,001.00 or more |
$1.10 per $1,000.00 |
||
|
|
or a maximum fee of $60,000.00. |
||
Sec. 502. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in the Michigan
Administrative Code and as determined under section 8 of 1976 PA 333,
Sec. 503. Not later than February 15, the department shall
submit a report to the subcommittees, the senate and house fiscal agencies, and
the state budget director providing the following information:
(a) The number of veterans who were separated from service in
the Armed Forces of the United States with an honorable character of service or
under honorable conditions (general) character of service, individually or if a
majority interest of a corporation or limited liability company, that were
exempted from paying licensure, registration, filing, or any other fees
collected under each licensure or regulatory program administered by the bureau
of construction codes, the bureau of professional licensing, and the
corporations, securities, and commercial licensing bureau during the preceding
fiscal year.
(b) The specific fees and total amount of revenue exempted
under each licensure or regulatory program administered by the bureau of
construction codes, the bureau of professional licensing, and the corporations,
securities, and commercial licensing bureau during the preceding fiscal year.
(c) The actual costs of providing licensing and other
regulatory services to veterans exempted from paying licensure, registration,
filing, or any other fees during the preceding fiscal year and a description of
how these costs were calculated.
(d) The estimated amount of revenue that will be exempted
under each licensure or regulatory program administered by the bureau of
construction codes, the bureau of professional licensing, and the corporations,
securities, and commercial licensing bureau in both the current and subsequent
fiscal years and a description of how the exempted revenue was estimated.
Sec. 504. Funds remaining in the
homeowner construction lien recovery fund are appropriated to the department
for payment of court-ordered homeowner construction lien recovery fund
judgments entered prior to August 23, 2010. Pursuant to available funds, the
payment of final judgments shall be made in the order in which the final
judgments were entered and began accruing interest.
Sec. 505. The department shall submit a comprehensive annual
report for all programs administered by the marijuana regulatory agency by
January 31 to the standing committees on appropriations of the senate and house
of representatives, the senate and house fiscal agencies, and the state budget
director. This report shall include, but is not limited to, all of the
following information for the prior fiscal year regarding the marihuana
programs under the Michigan Medical Marihuana Act, 2008 IL 1,
(a) The number of initial applications received, by license
category.
(b) The number of initial applications approved and the
number of initial applications denied, by license category.
(c) The average amount of time, from receipt to approval or
denial, to process an initial application, by license category.
(d) The number of renewal applications approved, by license
category and by county.
(e) The number of renewal applications received, by license
category, and by county, if applicable.
(f) The number of renewal applications denied, by license
category and by county.
(g) The average amount of time, from receipt to approval or
denial, to process a renewal application, by license category, if applicable.
(h) The percentage of initial applications not approved or
denied within the time requirements established in the respective act, by
license category, if applicable.
(i) The percentage of renewal applications not approved or
denied within the time requirements established in the respective act, by
license category, if applicable.
(j) The total amount collected from application fees or
established regulatory assessment and the specific fund this amount is deposited
into, by license category.
(k) The costs of administering the licensing program under each
of the above-referenced acts.
(l) The registered
name and addresses of all facilities licensed under the above-referenced acts,
by license category and by county.
(m) Number of complaints received pertaining to the
above-referenced acts, by license type or regulatory activity.
(n) A description of the types of complaints received.
(o) A description of the process used to resolve complaints.
(p) Number of investigations opened pertaining to each
license category.
(q) Number of investigations closed pertaining to each
license category.
(r) Average amount of time to complete investigations
pertaining to each license category.
(s) Number of enforcement actions pertaining to each license
category.
(t) A description of the types of enforcement actions taken
against licensees.
(u) Number of administrative hearing adjudications pertaining
to each license type.
(v) A list of the fees charged for license applications,
license renewals, and registry cards.
Sec. 506. If the revenue collected by the department for
health systems administration from fees and collections exceeds the amount
appropriated in part 1, the revenue may be carried forward into the subsequent
fiscal year. The revenue carried forward under this section shall be used as
the first source of funds in the subsequent fiscal year.
Sec. 507. Not later than February 1, the department shall
submit a report to the subcommittees, the senate and house fiscal agencies, and
state budget director providing the following information:
(a) The total amount of reimbursements made to local units of
government for delegated inspections of fireworks retail locations pursuant to
section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from
the funds appropriated in part 1 for the bureau of fire services during the
preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of
fireworks retail locations for each local unit of government that received
reimbursement from the funds appropriated in part 1 for the bureau of fire
services during the preceding fiscal year.
Sec. 508. (1) Beginning October 1,
for the purpose of defraying the costs associated with responding to false
final inspection appointments and to discourage the practice of calling for
final inspections when the project is incomplete or noncompliant with a plan of
correction previously provided by the bureau of fire services, the bureau of
fire services may assess a fee not to exceed $200.00 for responding to a second
or subsequent confirmed false inspection appointment. Fees collected under this
section shall be deposited into the restricted account referenced by section
2c(2) of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly
identified within the statewide integrated governmental management applications
system.
(2) Not later than September 30,
the department shall prepare a report that provides the amount of the fee
assessed under subsection (1), the number of fees assessed and issued per
region, the cost allocation for the work performed and reduced as a result of
this section, and any recommendations for consideration by the legislature. The
department shall submit this information to the state budget director, the
subcommittees, and the senate and house fiscal agencies.
Sec. 510. The department shall
submit a report on the Michigan automated prescription system to the senate and
house appropriations committees, the senate and house fiscal agencies, and the
state budget director by November 30. The report shall include, but is not
limited to, the following:
(a) Total number of licensed health
professionals registered to the Michigan automated prescription system.
(b) Total number of dispensers
registered to the Michigan automated prescription system.
(c) Total number of prescribers
using the Michigan automated prescription system.
(d) Total number of dispensers
using the Michigan automated prescription system.
(e) Number of cases related to
overprescribing, overdispensing, and drug diversion where the department took
administrative action as a result of information and data generated from the
Michigan automated prescription system.
(f) The number of hospitals, doctor’s
offices, pharmacies, and other health facilities that have integrated the
Michigan automated prescription system into their electronic health records
systems.
(g) Total number of delegate users
registered to the Michigan automated prescription system.
Sec. 511. From the amount
appropriated in part 1 for the bureau of community and health systems
administration, upon receipt of the order of suspension of a licensed adult
foster care home, home for the aged, or nursing home, the department shall
serve the facility and provide contemporaneous notice to the offices of
legislators representing a district where the licensed facility is situated and
to the senate and house subcommittees on health and human services.
COMMISSIONS
Sec. 801. If Byrne formula grant funding is awarded to the
Michigan indigent defense commission, the Michigan indigent defense commission
may receive and expend Byrne formula grant funds in an amount not to exceed
$250,000.00 as an interdepartmental grant from the department of state police.
The Michigan indigent defense commission, created under section 5 of the
Michigan indigent defense commission act, 2013 PA 93, MCL 780.985, may receive
and expend federal grant funding from the United States Department of Justice
in an amount not to exceed $300,000.00 as other federal grants.
Sec. 802. From the funds appropriated in part 1, the Michigan
indigent defense commission shall submit a report by September 30 to the senate
and house appropriations subcommittees on licensing and regulatory affairs, the
senate and house fiscal agencies, and the state budget director on the
incremental costs associated with the standard development process, the
compliance plan process, and the collection of data from all indigent defense
systems and attorneys providing indigent defense. Particular emphasis shall be
placed on those costs that may be avoided after standards are developed and
compliance plans are in place.
DEPARTMENT GRANTS
Sec. 901. (1) The department shall expend the funds
appropriated in part 1 for medical marihuana operation and oversight grants for
grants to counties for education and outreach programs relating to the Michigan
medical marihuana program pursuant to section 6(l) of the Michigan
Medical Marihuana Act, 2008 IL 1, MCL 333.26426. These grants shall be distributed
proportionately based on the number of registry identification cards issued to
or renewed for the residents of each county that applied for a grant under
subsection (2). For the purposes of this subsection, operation and oversight
grants are for education, communication, and outreach regarding the Michigan
Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430. Grants provided
under this section must not be used for law enforcement purposes.
(2) Not later than December 1, the department shall post a
listing of potential grant money available to each county on its website. In
addition, the department shall work collaboratively with counties regarding the
availability of these grant funds. A county requesting a grant shall apply on a
form developed by the department and available on its website. The form shall
contain the county’s specific projected plan for use of the money and its
agreement to maintain all records and to submit documentation to the department
to support the use of the grant money.
(3) In order to be eligible to receive a grant under
subsection (1), a county shall apply not later than January 1 and agree to
report how the grant was expended and to provide that report to the department
not later than September 15. The department shall submit a report not later
than October 15 of the subsequent fiscal year to the state budget director, the
subcommittees, and the senate and house fiscal agencies detailing the grant
amounts by recipient and the reported uses of the grants in the preceding
fiscal year.
Sec. 902. (1) The amount
appropriated in part 1 for firefighter training grants shall only be expended
for payments to counties to reimburse organized fire departments for
firefighter training and other activities required under the firefighters
training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in
part 1 for firefighter training grants is expended by the firefighters training
council, established in section 3 of the firefighters training council act, 1966
PA 291, MCL 29.363, for payments to counties under section 14 of the
firefighters training council act, 1966 PA 291, MCL 29.374, it is the intent of
the legislature that:
(a) The amount appropriated in
part 1 for firefighter training grants shall be allocated pursuant to section 14(2)
of the firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount allocated to any
county under subdivision (a) is less than $5,000.00, the amounts disbursed to
each county under subdivision (a) shall be adjusted to provide for a minimum
payment of $5,000.00 to each county.
(3) Not later than February 1, the
department shall submit a financial report to the subcommittees, the senate and
house fiscal agencies, and the state budget director identifying the following
information for the preceding fiscal year:
(a) The amount of the payments
that would be made to each county if the distribution formula described by the
first sentence of section 14(2) of the firefighters training council act, 1966
PA 291, MCL 29.374, would have been utilized to allocate the total amount
appropriated in part 1 for firefighter training grants.
(b) The amount of the payments
approved by the firefighters training council for allocation to each county.
(c) The amount of the payments actually
expended or encumbered within each county.
(d) A description of any other
payments or expenditures made under the authority of the firefighters training
council.
(e) The amount of payments
approved for allocations to counties that was not expended or encumbered and
lapsed back to the fireworks safety fund.
ONE-TIME
APPROPRIATIONS
Sec. 1001. From the funds appropriated in part 1 for Michigan
saves, the Michigan public service commission may award a $1,000,000.00 grant
to a nonprofit green bank with experience in leveraging energy-efficiency and
renewable energy improvements, for the purpose of making such loans more
affordable for Michigan families, businesses, and public entities. Grant funds
may be used to support a loan loss reserve fund or other comparable financial
instrument to further leverage private investment in clean energy improvements.
ARTICLE 10
DEPARTMENT OF MILITARY AND VETERANS
AFFAIRS
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of military
and veterans affairs for the fiscal year ending September 30, 2021, from the
following funds:
|
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS |
|
|
|
|||
|
APPROPRIATION
SUMMARY |
|
|
|
|||
|
Full-time equated unclassified positions |
9.0 |
|
|
|||
|
Full-time equated classified positions |
1,052.5 |
|
|
|||
|
GROSS
APPROPRIATION |
|
$ |
226,092,500 |
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
101,800 |
|||
|
ADJUSTED GROSS
APPROPRIATION |
|
|
225,990,700 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal revenues |
|
|
123,626,100 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
0 |
|||
|
Total private revenues |
|
|
630,000 |
|||
|
Total other state restricted revenues |
|
|
20,313,400 |
|||
|
State general
fund/general purpose |
|
$ |
81,421,200 |
|||
|
Sec. 102. MILITARY |
|
|
|
|||
|
Full-time equated unclassified positions |
9.0 |
|
|
|||
|
Full-time equated classified positions |
371.0 |
|
|
|||
|
Unclassified salaries–FTEs |
9.0 |
$ |
1,566,700 |
|||
|
Departmentwide |
|
|
1,792,200 |
|||
|
Headquarters and armories–FTEs |
86.0 |
|
20,871,100 |
|||
|
Michigan youth challeNGe academy–FTEs |
68.0 |
|
9,759,900 |
|||
|
Military family relief fund |
|
|
150,000 |
|||
|
Military retirement |
|
|
658,000 |
|||
|
Military training sites and support facilities–FTEs |
215.0 |
|
41,056,700 |
|||
|
National guard operations |
|
|
298,200 |
|||
|
National guard tuition assistance fund–FTEs |
2.0 |
|
6,516,600 |
|||
|
Starbase grant |
|
|
2,322,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
84,991,400 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG – state police |
|
|
101,800 |
|||
|
Federal revenues: |
|
|
|
|||
|
DOD – DOA – NGB |
|
|
60,278,600 |
|||
|
Federal counternarcotics revenues |
|
|
100,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Private donations |
|
|
90,000 |
|||
|
Billeting fund |
|
|
1,460,400 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Military family relief fund |
|
|
150,000 |
|||
|
Rental fees |
|
|
167,300 |
|||
|
State general fund/general
purpose |
|
$ |
22,643,300 |
|||
|
Sec. 103.
MICHIGAN VETERANS AFFAIRS AGENCY |
|
|
|
|||
|
Full-time equated classified positions |
50.0 |
|
|
|||
|
County veteran service fund |
|
|
4,000,000 |
|||
|
Michigan veterans affairs agency administration—FTEs |
44.0 |
|
7,458,200 |
|||
|
Veterans service grants |
|
|
3,835,500 |
|||
|
Veterans trust fund administration—FTEs |
6.0 |
|
920,000 |
|||
|
Veterans trust fund grants |
|
|
1,480,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
17,693,700 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Michigan veterans trust fund |
|
|
2,400,000 |
|||
|
Veterans license plate fund |
|
|
50,000 |
|||
|
State general
fund/general purpose |
|
$ |
15,243,700 |
|||
|
Sec. 104.
MICHIGAN VETERANS FACILITY AUTHORITY |
|
|
|
|||
|
Full-time equated classified positions |
631.5 |
|
|
|||
|
Chesterfield Township home for veterans—FTEs |
115.0 |
|
8,590,000 |
|||
|
D.J. Jacobetti home for veterans—FTEs |
200.0 |
|
24,684,700 |
|||
|
Grand Rapids home for veterans—FTEs |
298.5 |
|
29,520,700 |
|||
|
Michigan veterans facility authority |
|
|
634,100 |
|||
|
Michigan veteran homes administration—FTEs |
18.0 |
|
3,013,700 |
|||
|
Veterans cemetery |
|
|
85,200 |
|||
|
GROSS
APPROPRIATION |
|
$ |
66,528,400 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DVA - VHA |
|
|
19,992,900 |
|||
|
HHS - HCFA title XVIII, Medicare |
|
|
1,373,700 |
|||
|
HHS - HCFA title XIX, Medicaid |
|
|
2,257,500 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Private - veterans’ home post and posthumous |
|
|
540,000 |
|||
|
Income and assessments |
|
|
14,301,600 |
|||
|
Lease revenue |
|
|
40,000 |
|||
|
State general
fund/general purpose |
|
$ |
28,022,700 |
|||
|
Sec. 105.
CAPITAL OUTLAY |
|
|
|
|||
|
Armory maintenance |
|
|
1,000,000 |
|||
|
Grayling army airfield readiness center |
|
|
18,905,000 |
|||
|
Land and acquisitions |
|
|
1,000,000 |
|||
|
Special maintenance - National Guard |
|
|
20,000,000 |
|||
|
Special maintenance - veterans homes |
|
|
500,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
41,405,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DOD - DOA - NGB |
|
|
38,905,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Michigan National Guard construction fund |
|
|
1,000,000 |
|||
|
State general
fund/general purpose |
|
$ |
1,500,000 |
|||
|
Sec. 106.
INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information technology services and projects |
|
|
1,991,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
1,991,000 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
DOD - DOA - NGB |
|
|
158,100 |
|||
|
DVA - VHA |
|
|
548,000 |
|||
|
HHS - HCFA title XVIII, Medicare |
|
|
12,300 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Income and assessments |
|
|
744,100 |
|||
|
State general
fund/general purpose |
|
$ |
528,500 |
|||
|
Sec. 107.
ONE-TIME APPROPRIATIONS |
|
|
|
|||
|
Grand Rapids home for veterans transition |
|
|
13,233,000 |
|||
|
Veterans benefits eligibility study |
|
|
250,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
13,483,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
State general
fund/general purpose |
|
$ |
13,483,000 |
|||
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under part 1 for
fiscal year 2021 is $101,734,600.00 and state spending from state sources to be
paid to local units of government for the fiscal year ending September 30, 2021
is $4,136,500.00. The itemized statement below identifies appropriations from
which spending to local units of government will occur:
|
DEPARTMENT OF
MILITARY AND VETERANS AFFAIRS |
|
|
|
|
County veteran service fund |
|
$ |
4,000,000 |
|
Michigan veterans affairs agency administration |
|
|
90,000 |
|
Military training sites and support facilities |
|
|
46,500 |
|
TOTAL |
|
$ |
4,136,500 |
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) “Core services” means that term as defined in section 373
of the management and budget act, 1984 PA 431, MCL 18.1373.
(b) “Department” means the department of military and
veterans affairs.
(c) “Director” means the director of the department.
(d) “FTE” means full-time equated.
(e) “HVAC” means heating,
ventilation, and air conditioning.
(f) “IDG” means interdepartmental
grant.
(g) “Michigan veterans’ facility
authority” means the authority created under section 3 of the Michigan veterans’
facility authority act, 2016 PA 560, MCL 36.103.
(h) “MVAA” means the Michigan veterans affairs agency.
(i) “MVH” means the Michigan veteran homes.
(j) “Subcommittees” means the subcommittees of the senate and
house appropriations committees with jurisdiction over the budget of the
department.
(k) “Support services” means an activity, such as information
technology, accounting, human resources, legal, and other support functions
that are required to support the ongoing delivery of core services.
(l) “USDVA” means the United States Department of
Veterans Affairs.
(m) “USDVA-VHA” means the USDVA Veterans Health
Administration.
(n) “VSO” means veterans service organization.
(o) “Work project” means that term as defined in section 404
of the management and budget act, 1984 PA 431, MCL 18.1404, and that meets
the criteria in section 451a(1) of the management and budget act, 1984 PA 431,
MCL 18.1451a.
Sec. 204. The department and agencies receiving
appropriations in part 1 shall use the internet to fulfill the reporting
requirements of this part. This requirement shall include transmission of
reports via electronic mail to the recipients identified for each reporting
requirement, and it shall include placement of reports on an internet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if competitively priced and
of comparable quality American goods or services, or both, are available.
Preference must be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan businesses
owned and operated by veterans, if they are competitively priced and of
comparable quality.
Sec. 206. The department shall not take disciplinary action
against an employee of the department or departmental agency in the state
classified civil service because the employee communicates with a member of the
senate or house or a member’s staff, unless the communication is prohibited by
law and the department or agency taking disciplinary action is exercising its
authority as provided by law.
Sec. 207. For the purposes of implementing section 217 of the
management and budget act, 1984 PA 431, MCL 18.1217, the department and
agencies receiving appropriations in part 1 shall prepare a report on
out-of-state travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal year that was
funded in whole or in part with funds appropriated in the department’s budget.
The department and agencies shall submit the report to the senate and house
appropriations committees, the house and senate fiscal agencies, and the state
budget director. The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general fund/general
purpose revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded with other
revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire a person to
provide legal services that are the responsibility of the attorney general.
This prohibition does not apply to legal services for bonding activities and
for those outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of the total
general fund/general purpose appropriation lapses at the close of the prior
fiscal year. This report shall summarize the projected year-end general
fund/general purpose appropriation lapses by major departmental program or
program areas. The report shall be transmitted to the chairpersons of the
senate and house appropriations committees, the subcommittees, and the senate
and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $8,600,000.00 for federal
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,100,000.00 for state restricted
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 under section 393(2) of
the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $250,000.00 for local contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $100,000.00 for private contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 under section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management and budget to maintain a searchable website
accessible by the public at no cost that includes, but is not limited to, all
of the following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and payment
description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the state budget
office to provide the senate and house appropriations chairs, the senate and
house appropriations subcommittees chairs, and the senate and house fiscal
agencies with an annual report on estimated state restricted fund balances,
state restricted fund projected revenues, and state restricted fund
expenditures for the prior 2 fiscal years.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks, and
regularly updates key metrics that are used to monitor and improve the
department’s performance.
Sec. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September 30, 2021 are
estimated at $20,359,000.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $9,768,500.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$10,590,500.00.
Sec. 215. To the extent permissible under the management and
budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all
reasonable steps to ensure businesses in deprived and depressed communities compete
for and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department contracts to
subcontract with certified businesses in depressed and deprived communities for
services, supplies, or both.
Sec. 216. (1) On a quarterly basis, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) The number of FTEs in pay status by type of staff and
civil service classification.
(b) A comparison by line item of the number of FTEs
authorized from funds appropriated in part 1 to the actual number of FTEs
employed by the department at the end of the reporting period.
(2) By April 1 of the current fiscal year and semiannually
thereafter, the department shall report to the senate and house appropriations
committees, the senate and house appropriations subcommittees on the department
budget, and the senate and house fiscal agencies the following information:
(a) Number of employees that were engaged in remote work in
2020.
(b) Number of employees authorized to work remotely and the
actual number of those working remotely in the current reporting period.
(c) Estimated net cost savings achieved by remote work.
(d) Reduced use of office space associated with remote work.
Sec. 217. Appropriations in part 1 shall, to the extent
possible by the department, not be expended until all existing work project
authorization available for the same purposes is exhausted.
Sec. 218. If the state administrative board, acting under
section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated
under this article, the legislature may, by a concurrent resolution adopted by
a majority of the members elected to and serving in each house, intertransfer
funds within this article for the particular department, board, commission,
officer, or institution.
Sec. 219. The departments and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded from
appropriations in part 1. Federal and state guidelines for short-term and
long-term retention of records shall be followed. The department may
electronically retain copies of reports unless otherwise required by federal
and state guidelines.
Sec. 220. The department shall report no later than April 1
on each specific policy change made to implement a public act affecting the
department that took effect during the prior calendar year to the senate and
house appropriations committees, the subcommittees, the joint committee on
administrative rules, and the senate and house fiscal agencies.
Sec. 221. The department shall provide biannual reports to
the subcommittees, the senate and house fiscal agencies, and the state budget
office, which shall provide the following data:
(a) A list of all major work projects, including a status
report of each project.
(b) The department’s financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a year-end
projection of budget requirements.
(c) The number of active employees at the close of the
reporting period by job classification and departmental branch of service.
Sec. 222. The appropriations in part 1 are for the core
services, support services, and work projects of the department, including, but
not limited to, the following core services:
(a) Armories and joint force readiness.
(b) National Guard training facilities and air bases.
(c) Michigan youth
challeNGe academy.
(d) Military
family relief fund.
(e) Starbase
grant.
(f) National
Guard tuition assistance program.
(g) Michigan
veterans affairs agency administration.
(h) Veterans
service grants.
(i) Veterans’
trust fund administration.
(j) Veterans’
trust fund grants.
(k) County
veteran service fund.
(l)
Michigan veterans’ facility authority.
(m) Michigan
veterans homes.
Sec. 223. The
appropriations in part 1 for capital outlay shall be carried forward at the end
of the fiscal year consistent with section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
Sec. 224.
Sixty days prior to the public announcement of the intention to sell any
department real property, the department shall submit notification of that
intent to the subcommittees and the senate and house fiscal agencies.
Sec. 225. The
department shall report to the subcommittees tentative plans for the required
payment of any court judgment against the department, as soon as those plans
are developed. The report must include, but is not limited to, all of the
following information:
(a) A listing
of all known court judgments that would result in a financial obligation for
the department.
(b) The amount
of time in which each of those financial obligations must be met.
(c) The proposed
budget line items from which a payment for a court judgment of $100,000.00 or
more would be made.
(d) The
estimated impact of the loss of revenue on the programs funded by the line
items from which payments would be made.
Sec. 226. (1)
Money privately donated to the department for the Grand Rapids home for
veterans, D.J. Jacobetti home for veterans, or Chesterfield Township home for
veterans in excess of the appropriation in part 1 is appropriated and may be
used for the purpose designated by the private source, if specified.
(2) The
department must notify the subcommittees and the house and senate fiscal
agencies of the receipt of a donation under this subsection within 14 calendar
days of receiving the donation. The notification must include the amount of the
donation and the purpose for which the funds will be expended, if known.
MILITARY
Sec. 301. (1)
From the funds appropriated in part 1, there is funding to support unclassified
employee positions as authorized by section 5 of article XI of the state
constitution of 1963.
(2) The
department shall report quarterly to the subcommittees and house and senate
fiscal agencies a list of the current unclassified positions, which shall
include the official titles and responsibilities of each position.
(3) Upon the
department being granted a request for an additional unclassified employee
position from the civil service commission, or for any substantive changes to
the duties of an existing unclassified employee position, the department shall
notify the subcommittees and the senate and house fiscal agencies within 15
days.
Sec. 302. (1)
From the funds appropriated in part 1 for military operations, effective and
efficient executive direction and administrative leadership shall be provided
to the department.
(2) The
department shall operate and maintain National Guard armories.
(3) The department
shall evaluate armories and submit a report biannually, on the status of the
armories.
(4) The
department shall maintain a system to measure the condition and adequacy of the
armories.
(5) The
Michigan Army National Guard and Air National Guard shall work to provide a
culture that is free of sexual assault, through an environment of prevention,
education and training, response capability, victim support, reporting procedures,
and appropriate accountability that enhances the safety and well-being of all
guard members.
(6) By
December 1, the department shall report the following information to the
subcommittees, the senate and house fiscal agencies, and the state budget office:
(a) An
assessment of the grounds and facilities of each armory to objectively measure
and determine the current facility condition and capability to support
authorized manpower, unit training, and operations.
(b)
Recommendations for the placement of new armories, the relocation or
consolidation of existing armories, or a change in the mission of units
assigned to armories to ideally position the National Guard in current or
projected population centers.
(c)
Recommendations for the enhanced use of armories to facilitate family support
programs during deployments.
(d) An analysis
of the feasibility, potential costs, and benefits of use of armories shared
with other local, state, or federal agencies to improve responses to local
emergencies as well as the community support provided to armories.
(e) An
investment strategy and proposed funding amounts in a prioritized project list
to correct the most critical facility shortfalls across the inventory of
armories in this state.
Sec. 303. (1)
The department shall maintain the Michigan youth challeNGe academy to provide
values, skills, education, and self-discipline instruction for at-risk youth as
provided under 32 USC 509.
(2) The
department shall take steps to recruit candidates to the challeNGe academy from
economically disadvantaged areas, including those with low-income and high-unemployment
backgrounds.
(3) The
department shall partner with the department of health and human services to
identify youth who may be eligible for the challeNGe academy from those youth
served by department of health and human services programs. These eligible
youth shall be given priority for enrollment in the academy.
(4) The
department shall maintain the staffing and resources necessary to train and
graduate at least 114 students per cohort (228 annually).
(5) The
department shall ensure individual academic success as measured by the number
of individuals who have received a general equivalency diploma, high school
diploma, or high school credit recovery or by the improvement of tests of adult
basic education scores, or both.
(6) Any
unexpended private donations to support the Michigan youth challeNGe academy at
the close of this fiscal year shall not lapse to the general fund but shall be
carried forward to the subsequent fiscal year.
Sec. 304. (1)
The department shall provide grants for disbursement from the military family
relief fund, as provided under the military family relief fund act, 2004 PA
363, MCL 35.1211 to 35.1216, and R 200.5 to R 200.95 of the Michigan
Administrative Code.
(2) The
department shall provide information on the revenues, expenditures for
advertising and assistance grants, and fund balance of the Michigan military
family relief fund, biannually.
(3) From the
funds appropriated in part 1, the department shall provide sufficient staffing
and other resources to provide outreach to the Michigan families of members of
the reserve component of the Armed Forces of the United States called into
active duty and to support the processing and approval of grant applications
for this fiscal year under the Michigan military relief fund and report those
applications biannually.
Sec. 305. (1)
The department shall provide Army and Air National Guard forces, when directed,
for state and local emergencies and in support of national military
requirements.
(2) The
department shall operate and maintain Army National Guard training facilities,
including Fort Custer and Camp Grayling.
(3) The
department shall maintain a system that measures the condition and adequacy of
air facilities using both quality and functionality criteria.
(4) The
department shall operate and maintain Air National Guard air bases, including
Selfridge Air National Guard base, Battle Creek Air National Guard base, and
Alpena combat readiness training center.
(5) The
department shall provide the following information biannually:
(a) The
apportioned and assigned strength of the Michigan Army National Guard.
(b) The
apportioned and assigned strength of the Michigan Air National Guard.
(c)
Recruiting, retention, and attrition data, including measurement against stated
performance goals, for the Michigan Army National Guard.
(d)
Recruiting, retention, and attrition data, including measurement against stated
performance goals, for the Michigan Air National Guard.
Sec. 306.
There is created and established under the jurisdiction and control of the
department a revolving account to be known as the billeting fund account. All
of the fees and other revenues generated from the operation of the chargeable
transient quarters program shall be deposited in the billeting fund account.
Appropriations will be made from the account for the support of program
operations and the maintenance and operations of the chargeable transient
quarters program and will not exceed the estimated revenues for the fiscal year
in which they are made, together with unexpended balances from prior years. The
department shall submit an annual report of operations and expenditures
regarding the billeting fund account to the appropriations committees of the senate
and house of representatives, the senate and house fiscal agencies, and the
state budget office at the end of the fiscal year.
(2) The
objective of the National Guard tuition assistance program is to bolster
military readiness by increasing recruitment and retention of Michigan Army and
Air National Guard service members, to fill federally authorized strength
levels for the state, to improve the Michigan Army and Air National Guard’s
competitive draw from other military enlistment options in the state, to
enhance the ability of the Michigan Army and Air National Guard to compete for
members and federal dollars with surrounding states, and to increase the pool
of eligible candidates within the Michigan Army and Air National Guard to
become commissioned officers.
(3) The
department shall make efforts to increase the number of national guard members
who have received a credential or are still enrolled in the Michigan National
Guard tuition assistance program after their initial term of enlistment with
the goal of 55% of program participants, or at the current 4-year college
graduation rate in Michigan, whichever is higher. To evaluate the effectiveness
of the program, the department shall monitor the number of new recruits and new
reenlistments and the percentage of those who become participants in the
program to determine whether the percentage of authorized Michigan Army and Air
National Guard strength obtained and retained is competitive in comparison with
the neighboring army and air national guards from Illinois, Indiana, Ohio, and
Wisconsin.
(4) Not later
than March 1, the department shall provide a report to the subcommittees on the
Michigan National Guard tuition assistance program. The report shall include
the number of guard members receiving tuition assistance, where those guard
members received education or training under the program, the average amount of
financial assistance received, the total funds spent on the program, and, in
the opinion of the department, after those expenditures, whether any unmet
needs remained. The report shall also include performance data regarding the
number of members denied benefits from the program. The report shall include,
but is not limited to, all of the following information:
(a) The total
number of applications for tuition assistance denied.
(b) A
delineated list of the grounds for denial and the number of the total
applicable to each reason for denial.
(c) A list of
specific actions undertaken to increase the opportunities for expanding
qualified educational and training programs.
(d) A list of
any educational and training programs removed from eligibility and the
rationale for their removal.
(e) An
explanation of any identified barriers to the successful utilization of funds
appropriated in part 1 for the National Guard tuition assistance fund and
applicable proposals for legislative action to address those barriers.
(5) The
general fund/general purpose funds appropriated in part 1 for the National
Guard tuition assistance fund shall be deposited to the restricted Michigan
National Guard tuition assistance fund created in section 4 of the Michigan
National Guard tuition assistance act, 2014 PA 259, MCL 32.434. All funds in
the restricted Michigan National Guard tuition assistance fund are appropriated
and available for expenditure to support the Michigan National Guard tuition
assistance program.
Sec. 308. The
department shall maintain the starbase program at Air National Guard
facilities, as provided under 10 USC 2193b, to improve the knowledge, skills,
and interest of students, primarily in the fifth grade, in math, science, and
technology. The starbase program is to specifically target minority and at-risk
students for participation.
MICHIGAN VETERANS AFFAIRS AGENCY
Sec. 405. (1)
The MVAA shall provide a report biannually on the financial status of the
Michigan veterans’ trust fund, including the number and amount of emergency
grants, state operating and administrative expenses, and county administrative
expenses.
(2) The
Michigan veterans’ trust fund board together with the agency shall maintain the
staffing and resources necessary to process a minimum of 2,000 applications for
veterans’ trust fund emergency grants.
(3) The
Michigan veterans’ trust fund board together with the MVAA shall provide
emergency grants for disbursement from the Michigan veterans’ trust fund, as
provided under the following program authorities:
(a) Sections
37, 38, and 39 of article IX of the state constitution of 1963.
(b) 1946 (1st
Ex Sess) PA 9, MCL 35.602 to 35.610.
(c) R 35.1 to
R 35.7 of the Michigan Administrative Code.
(d) R 35.621
to R 35.623 of the Michigan Administrative Code.
(4) No later
than February 1, the MVAA shall provide a detailed report of the Michigan
veterans’ trust fund that includes, for the immediately preceding fiscal year,
information on grants provided from the emergency grant program, including
details concerning the methodology of allocations, the selection of emergency
grant program authorized agents, a description of how the emergency grant
program is administered in each county, and a detailed breakdown of trust fund
expenditures for that year, including the amount distributed to each county for
operating costs, administrative costs and emergency grants. The report shall
also include the number of approved applications, by category of assistance,
and the number of denied applications, by reason of denial. The report shall
also provide an update on the department’s efforts to reduce program
administrative costs and maintain the Michigan veterans’ trust fund corpus at
or above its original amount of at least $50,000,000.00.
Sec. 406. (1)
The MVAA shall provide outreach services to Michigan veterans to advise them on
the benefits to which they are entitled, as provided under Executive
Reorganization Order No. 2013-2, MCL 32.92. The MVAA shall also do the
following:
(a) Develop
and operate an outreach program that communicates benefit eligibility
information to at least 50% of Michigan’s population of veterans, as assessed
by annual census estimates, with a goal of reaching 100% and enabling 100% to
access benefit information online.
(b)
Communicate veteran benefit information pertaining to the Michigan military
family relief fund, Michigan veterans’ trust fund, and USDVA health, financial,
and memorial benefits to which veterans are entitled.
(c) Provide
sufficient staffing and other resources to approve requests for military
discharge certificates (DD-214) annually.
(d) Continue
the process to digitize all medical records, military discharge documents, and
burial records that are currently on paper and microfilm.
(e) Provide a
report biannually on the MVAA’s performance on the performance measures,
outcomes, and initiatives developed by the agency in the strategic plan
required by section 501 of 2013 PA 9.
(f) Provide a
report to the subcommittees, the senate and house fiscal agencies, and the
state budget office no later than April 1 providing, to the extent known, data
on the estimated number of homeless veterans, by county, in this state.
(g) Provide
the percentage of Michigan veterans contacted through its outreach programs,
with a goal of 90%, and report that percentage to the subcommittees biannually
on the status of outreach.
(2) From the funds
appropriated in part 1, the MVAA shall provide for the regional coordination of
services, as follows:
(a) The MVAA
shall coordinate with veteran benefit counselors throughout a specified region.
(b) The MVAA
shall coordinate services with the department of health and human services and
the department of corrections.
(c) The MVAA
shall coordinate with regional workforce and economic development agencies.
(d) The MVAA shall coordinate activities among local
foundations, nonprofit organizations, and community groups to improve
accessibility, enrollment, and utilization of the array of health care,
education, employment assistance, and quality of life services provided at the
local level.
(e) The MVAA
may work with MVAA service officers, regional coordinators, county veteran
counselors, VSO service officers, and other service providers to incorporate
the provision of information relating to mental health care resources into
their daily operations to aid veterans in understanding the mental health care
support services they may be eligible to receive.
(f) The MVAA
shall coordinate with the department of health and human services to identify
Medicaid recipients who are veterans and who may be eligible for federal
veterans health care benefits or other benefits, to the extent that the
identification does not violate applicable confidentiality requirements.
(g) The MVAA
shall collaborate with the department of corrections to create and maintain a
process by which prisoners can obtain a copy of their DD-214 form or other
military discharge documentation if necessary.
(h) The MVAA
shall ensure that all MVAA service officers, VSO service officers, and regional
coordinators receive appropriate training in processing applications for
benefits payable to veterans due to military sexual trauma, post-traumatic
stress disorder, depression, anxiety, substance abuse, or other mental health
issues.
(3) The MVAA
shall provide claims processing services to Michigan veterans in support of
benefit claims submitted to the USDVA for the health, financial, and memorial
benefits for which they are eligible, and shall do all of the following:
(a) Report the
following information biannually:
(i) The number of benefit claims, by
type, submitted to the USDVA by MVAA.
(ii) The number of fully developed claims
submitted to the USDVA, with an overall goal of 40% of benefit claims submitted
that are considered fully developed by the USDVA.
(b) Maintain
the staffing and resources necessary to process a minimum of 500 claims per
year.
(4) The MVAA
shall maintain staffing and resources necessary to develop and implement a
process to ensure that all county counselors receive the training and
accreditation necessary to provide quality services to veterans. The MVAA shall
report information biannually on the number and percentage of county veterans
counselors trained by the MVAA, and the number and percentage who received
funding from the MVAA to attend training, with an overall goal of 100% of
county veterans counselors trained.
(5) From the
funds appropriated in part 1 for MVAA, the MVAA is authorized to expend up to
$50,000.00 to hire legal services to represent veterans benefit cases before
federal court to maintain accreditation under 38 CFR 14.628(d)(1)(iv).
Sec. 407. (1)
The MVAA shall disburse grants to achieve agency goals and performance
objectives in partnership with counties, VSOs, and tribal governments. Grants
will be disbursed to fund programs and projects that are determined by the
agency to meet agency performance objectives and ensure that grantees communicate
the availability of emergency grants through the Michigan veterans’ trust fund.
In disbursing grants, the MVAA shall do all of the following:
(a) Ensure
that each grantee is issued performance standards.
(b) Ensure
that each grantee uses those funds for veterans advocacy and outreach.
(c) Monitor
the performance of each grantee.
(d) Require
each grantee to report not less than quarterly on services provided to veterans
and account for all grant fund expenditures.
(e) Require
that each grantee report not less than quarterly both of the following:
(i) The number and type of claims
originated and submitted by the grantee to the USDVA.
(ii) The number and type of claims
originated by an organization other than the grantee and submitted by the
grantee to the USDVA.
(f) Promulgate
monthly benchmark requirements, based upon contractual obligations, that each
grantee must meet and require each grantee to report on achieving the benchmark
requirements not less than quarterly to the MVAA, in order to ensure that each
grantee meets MVAA veteran service goals.
(g) Assess the
accuracy rate of claims reported by grantees and the attendance rate of
grantees, based upon contractual obligations.
(h) Ensure
that each grantee adheres to the MVAA approved schedule of operations.
(i) Report
biannually to the subcommittees and senate and house fiscal agencies on grantee
operations monitored under this subsection.
(2) Grants
awarded to a VSO by the MVAA shall provide for the following, as developed by
the MVAA:
(a) The
provision of service to veterans statewide, using a regional service delivery
model, with services provided at specified locations and times, including
service provided in state correctional facilities.
(b) The
payment of an hourly service rate that shall be set annually by MVAA based on
funds appropriated in part 1.
(c) A
specified number of service hours within each geographic region of this state,
with a statewide goal based on both appropriations for the current fiscal year
for the grant programs and the hourly service rate under subdivision (b). The
statewide goal will include service hours provided to eligible incarcerated
veterans within 1 year of their earliest release date.
(d) Use of an
MVAA-designated internet-based claims data system.
(3) The MVAA
shall report the following information biannually:
(a) A summary
of activities supported through the appropriation in part 1 for grants,
including the amount of expenditures to date, number of service hours, number
of claims for benefits submitted by type of claim, and other information deemed
appropriate by the MVAA.
(b) The number
and percentage of fully developed claims submitted to the USDVA, and the number
and percentage of fully developed claims submitted that are considered fully
developed by the USDVA with an overall goal of 40%.
Sec. 409. (1)
The department shall enter into an interagency agreement in cooperation with
the department of health and human services in order to work with the federal
public assistance reporting information system to identify Medicaid recipients
who are veterans and who may be eligible for federal veterans’ health care
benefits or other benefits. The interagency agreement shall include the
specific outcome and performance reporting requirements described in this
section. The interagency agreement shall require the department to provide all
of the following items by January 1 for the current fiscal year to the
subcommittees, the senate and house fiscal agencies, and the policy offices:
(a) The number
of veterans identified by the department of health and human services through
eligibility determinations.
(b) The number
of veterans referred to the department.
(c) The number
of referrals made by the department of health and human services that were
contacted by the department.
(d) The number
of referrals made to the department that were eligible for veterans health care
benefits or other benefits.
(e) The
specific actions and efforts undertaken by the department of health and human
services and the department to identify female veterans who are applying for
public assistance benefits, but who are eligible for veterans benefits.
(2) By October
1 of the current fiscal year, the department of health and human services shall
change the public assistance application form from asking whether the
prospective applicant was a veteran to asking whether the applicant had ever
served in the military.
(3) This section does not prohibit the department from
entering into interagency agreements with any other public department or agency
in this state in order to obtain the information detailed in subsection (1).
Sec. 410. The general fund/general purpose funds appropriated
in part I for the county veteran service fund shall be deposited to the
restricted county veteran service fund created in section 3a of 1953 PA 192,
MCL 35.623a. All funds in the restricted county veteran service fund are
appropriated and available for expenditure to support county veteran service
grants.
Sec. 411. From the funds appropriated in part 1, the MVAA
shall conduct an assessment of the need for, feasibility, and annual cost to
the state of establishing and maintaining a new veterans’ cemetery in the Upper
Peninsula and Lower Peninsula of the state. The assessment shall consider the
availability of any federal funds available for veterans cemeteries for its
determinations. The MVAA shall report the findings of the assessment to each
chairperson of the subcommittees, the house and senate fiscal agencies, and the
state budget office by not later than September 30.
MICHIGAN VETERANS facility authority
Sec. 451. The board of managers and Michigan veterans’
facility authority shall exercise certain regulatory and governance authority
regarding admission and member affairs at the Grand Rapids, D.J. Jacobetti, and
Chesterfield Township homes for veterans. The board of managers shall also work
to represent the interest of the veterans’ community in both advisory and
advocacy roles.
Sec. 452. (1) The MVH and the Michigan veterans’ facility
authority shall provide compassionate and quality nursing and domiciliary care
services at the Grand Rapids, D.J. Jacobetti, and Chesterfield Township homes
for veterans so that members can achieve their highest potential of wellness,
independence, self-worth, and dignity.
(2) From the funds appropriated in part 1, the department
shall provide resources necessary to provide nursing care services to veterans
in accordance with federal standards and provide the results of the annual
USDVA survey and certification as proof of compliance.
(3) Appropriations in part 1 for a home operated by the MVH
and the D.J. Jacobetti and Chesterfield Township homes for veterans shall not
be used for any purpose other than for veterans and veterans’ families.
(4) Any contractor providing mental health services to the
Grand Rapids, D.J. Jacobetti, and Chesterfield Township homes for veterans
shall utilize mental health interventions that have been shown to be effective
with the conditions they are treating, in accordance with evidence-based best
practices supported by the USDVA-VHA, United States Department of Defense, the
Substance Abuse and Mental Health Services Administration, the American
Psychological Association, and the National Association of Social Workers.
(5) Any contractor providing CENAs to the Grand Rapids home for
veterans shall ensure that each CENA has at least 8 hours of training on
information provided by the home.
(6) Any contractor providing CENAs to a home operated by the
MVH shall ensure that each CENA has at least one 8-hour shift of shadowing at
the veterans’ home.
(7) Any contractor providing CENAs to a home operated by the
MVH shall ensure that each CENA is competent in the basic skills needed to
perform his or her assigned duties at the home.
(8) A home operated by the MVH shall provide each CENA at least
12 hours of in-service training once that individual has been assigned to the
home.
(9) All complaints of abusive or neglectful care at the Grand
Rapids, D.J. Jacobetti, and Chesterfield Township homes for veterans by a
resident member, a resident member’s family or legal guardian, or staff of the
veterans’ homes received by a supervisor shall be referred to the director of
nursing or his or her designee upon receipt of the complaint. The director of
nursing or his or her designee shall report on not less than a monthly basis,
except that the board of managers or the Michigan veterans’ facility authority
may specify a more frequent reporting period to the home administrator, board
of managers, Michigan veterans’ facility authority, agency, subcommittees,
senate and house fiscal agencies, and state budget office the following
information:
(a) A description of the process by which resident members
and others may file complaints of alleged abuse or neglect at the Grand Rapids,
D.J. Jacobetti, and Chesterfield Township homes for veterans.
(b) Summary statistics on the number and general nature of
complaints of abuse or neglect.
(c) Summary statistics on the final disposition of complaints
of abuse or neglect received.
(10) The MVH shall provide an on-site, board-certified
psychiatrist for all resident members with mental health disorders in order to
ensure that those resident members receive needed services in a professional
and timely manner. The MVH shall provide all members and staff a safe and
secure environment.
(11) The MVH shall ensure that they effectively develop,
execute, and monitor all comprehensive care plans in accordance with federal
regulations and their internal policies, with a goal that a comprehensive care
plan is fully developed for all resident members.
(12) The MVH shall implement controls over their food,
maintenance supplies, pharmaceuticals, and medical supplies inventories.
(13) The MVH shall establish sufficient controls for
calculating resident member maintenance assessments in order to accurately
calculate resident member maintenance assessments for each billing cycle. The
MVH shall establish sufficient controls to ensure that all past due resident
member maintenance assessments are addressed within 30 days.
(14) The MVH shall establish sufficient controls over
monetary donations and donated goods.
(15) The MVH shall implement sufficient controls over the
handling of resident member funds to ensure the release of funds within 15
calendar days upon the resident member leaving the home and to ensure that a
representative of a resident member is provided a full accounting of that
resident member’s funds within 30 calendar days after the death of that
resident member.
(16) The MVH shall post on its website all policies adopted
by the board of managers, the Michigan veterans’ facility authority, and the
veterans’ homes related to the administrative operations of the veterans’
homes.
(17) The process by which visitors, residents, and employees
of the Grand Rapids, D.J. Jacobetti, and Chesterfield Township homes for
veterans may register complaints shall be displayed in high-traffic areas
throughout the home.
(18) The MVH shall provide copies of each facility’s USDVA
State Veteran Home quarterly report to the legislature and the state budget office.
These quarterly reports shall be posted on the MVH website.
(19) The MVH shall provide to the legislature and the state
budget office biannual reports regarding the status of Centers for Medicare and
Medicaid certification efforts, including, but not limited to, descriptions of
incremental milestones, associated expenditures, and the percentage of plan
completed until such time certification has been achieved and reported.
Sec. 453. The department shall ensure that the quality of
care for members of the Grand Rapids, D.J. Jacobetti, and Chesterfield Township
homes for veterans shall meet or exceed the quality of care for the full
spectrum of health care services to meet or exceed the Centers for Medicare and
Medicaid Services certification standards. The department shall provide a
report biannually to the subcommittees that contains evidence that the quality
of care for the full spectrum of health care services has met or exceeded
Centers for Medicare and Medicaid Services certification standards.
CAPITAL OUTLAY
Sec. 501. (1) The department shall provide for the
acquisition and disposition of National Guard armories, facilities, and lands
as provided under sections 368, 382, and 382a of the Michigan military act,
1967 PA 150, MCL 32.768, 32.782, and 32.782a.
(2) The department shall provide a listing of property sales
and acquisitions biannually.
Sec. 502. (1) The appropriations in part 1 for special
maintenance - National Guard shall be carried forward at the end of the fiscal
year consistent with section 248 of the management and budget act, 1984 PA 431,
(2) The appropriations for special maintenance - National
Guard shall be expended in accordance with the requirements of sections 302 and
305 of this part and shall be expended according to the maintenance priorities
of the department to repair and modernize military training sites and support
facilities, including armories, which may include projects such as roof, HVAC,
or boiler replacement, interior renovations, facility expansion, improvements
to parking facilities, and other projects.
(3) The department shall provide a report biannually
providing information on the status, projected costs, and projected completion
date of current and planned special maintenance projects at the armories and
other National Guard facilities funded from capital outlay appropriations made
in part 1 and in prior appropriations years.
Sec. 503. (1) The appropriations in part 1 for special
maintenance – veterans homes shall be carried forward at the end of the fiscal
year consistent with section 248 of the management and budget act, 1984 PA 431,
MCL 18.1248.
(2) The appropriations for special maintenance – veterans
homes shall be expended in accordance with the requirements of section 402 of
this part and shall be expended according to the maintenance priorities of the
department to repair and modernize the state’s veterans’ homes, which may
include projects such as roof, HVAC, or boiler replacement, interior renovations,
facility expansion, improvements to parking facilities, and other projects
designed to enhance the quality of life and medical care of members.
(3) The MVH shall provide a report biannually providing
information on the status, projected costs, and projected completion date of
current and planned special maintenance projects at the Grand Rapids, D.J.
Jacobetti, and Chesterfield Township homes for veterans funded from capital
outlay appropriations made in part 1 and in prior appropriations years.
Sec. 504. (1) The appropriations in part 1 for armory
maintenance shall be carried forward at the end of the fiscal year consistent
with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248.
(2) The appropriations for armory maintenance shall be
expended in accordance with the requirements of sections 302 and 305 of this
part and shall be expended according to the maintenance priorities of the
department to repair and modernize military training sites and support
facilities, including armories.
ONE-TIME
APPROPRIATIONS
Sec. 601. The appropriation in part 1 for a veterans benefits
eligibility study shall be used for the commission of a study by an institution
of higher education that will create, implement, and evaluate a program that
will identify Michigan Medicaid beneficiaries who are veterans and support them
in exploring their eligibility for USDVA-VHA health care benefits. A report
from the study must be delivered to the department and the subcommittees no
later than December 1, 2021 and must contain the findings of the study,
including data as to the frequency of veteran Medicaid beneficiaries who are
eligible, but who are not aware, or have not taken steps to seek USDVA-VHA
health care services, and shall include recommendations to the department on
effective and efficient strategies that could be used to identify such veterans
and facilitate their exploration of eligibility for USDVA-VHA health care
benefits.
ARTICLE 11
DEPARTMENT OF NATURAL RESOURCES
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of natural
resources for the fiscal year ending September 30, 2021, from the following
funds:
|
DEPARTMENT OF NATURAL RESOURCES |
|
|
|
|||
|
APPROPRIATION
SUMMARY |
|
|
|
|||
|
Full-time equated unclassified positions |
6.0 |
|
|
|||
|
Full-time equated classified positions |
2,346.1 |
|
|
|||
|
GROSS APPROPRIATION |
|
$ |
469,594,100 |
|||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
203,100 |
|||
|
ADJUSTED GROSS
APPROPRIATIONS |
|
|
469,391,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal revenues |
|
|
88,453,700 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total private revenues |
|
|
7,439,200 |
|||
|
Total other state restricted revenues |
|
|
322,800,800 |
|||
|
State general
fund/general purpose |
|
$ |
50,697,300 |
|||
|
Sec. 102.
DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
|||
|
Full-time equated unclassified positions |
6.0 |
|
|
|||
|
Full-time equated classified positions |
121.1 |
|
|
|||
|
Unclassified salaries—FTEs |
6.0 |
$ |
828,600 |
|||
|
Accounting service center |
|
|
1,562,200 |
|||
|
Executive direction—FTEs |
11.6 |
|
2,309,600 |
|||
|
Finance and operations—FTEs |
105.5 |
|
17,279,200 |
|||
|
Gifts and pass-through transactions |
|
|
5,003,600 |
|||
|
Legal services—FTEs |
4.0 |
|
678,900 |
|||
|
Natural resources commission |
|
|
77,100 |
|||
|
Property management |
|
|
4,107,300 |
|||
|
GROSS
APPROPRIATION |
|
$ |
31,846,500 |
|||
|
Appropriated from: |
|
|
|
|||
|
IDG, land acquisition services-to-work orders |
|
|
203,100 |
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
359,200 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Private funds |
|
|
5,003,600 |
|||
|
Deer habitat reserve |
|
|
162,000 |
|||
|
Forest development fund |
|
|
3,150,800 |
|||
|
Forest land user charges |
|
|
7,700 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Forest recreation account |
|
|
54,000 |
|||
|
Game and fish protection fund |
|
|
7,622,700 |
|||
|
Land exchange facilitation and management fund |
|
|
4,549,500 |
|||
|
Local public recreation facilities fund |
|
|
207,500 |
|||
|
Marine safety fund |
|
|
830,200 |
|||
|
Michigan natural resources trust fund |
|
|
1,386,300 |
|||
|
Michigan state parks endowment fund |
|
|
1,419,300 |
|||
|
Michigan state waterways fund |
|
|
861,800 |
|||
|
Nongame wildlife fund |
|
|
13,800 |
|||
|
Off-road vehicle safety education fund |
|
|
700 |
|||
|
Off-road vehicle trail improvement fund |
|
|
213,900 |
|||
|
Park improvement fund |
|
|
1,917,900 |
|||
|
Public use and replacement deed fees |
|
|
29,000 |
|||
|
Recreation improvement account |
|
|
85,800 |
|||
|
Snowmobile registration fee revenue |
|
|
50,100 |
|||
|
Snowmobile trail improvement fund |
|
|
127,400 |
|||
|
Sportsmen against hunger fund |
|
|
500 |
|||
|
Turkey permit fees |
|
|
79,700 |
|||
|
Waterfowl fees |
|
|
3,400 |
|||
|
Wildlife resource protection fund |
|
|
43,200 |
|||
|
State general
fund/general purpose |
|
$ |
3,463,400 |
|||
|
Sec. 103.
DEPARTMENT INITIATIVES |
|
|
|
|||
|
Full-time equated classified positions |
13.0 |
|
|
|||
|
Great Lakes restoration initiative |
|
|
2,905,300 |
|||
|
Invasive species prevention and control—FTEs |
13.0 |
|
5,087,900 |
|||
|
GROSS
APPROPRIATION |
|
$ |
7,993,200 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
2,905,300 |
|||
|
State general
fund/general purpose |
|
$ |
5,087,900 |
|||
|
Sec. 104.
COMMUNICATION AND CUSTOMER SERVICES |
|
|
|
|||
|
Full-time equated classified positions |
137.3 |
|
|
|||
|
Marketing and outreach—FTEs |
80.8 |
|
14,622,900 |
|||
|
Michigan historical center—FTEs |
56.5 |
|
7,105,000 |
|||
|
Michigan wildlife council campaign management |
|
|
80,000 |
|||
|
Michigan wildlife council media |
|
|
936,000 |
|||
|
Michigan wildlife council messaging and implementation |
|
|
448,000 |
|||
|
Michigan wildlife council research |
|
|
136,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
23,327,900 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
2,423,000 |
|||
|
State park improvement, federal |
|
|
320,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Forest development fund |
|
|
139,200 |
|||
|
Forest recreation account |
|
|
17,400 |
|||
|
Game and fish protection fund |
|
|
8,603,700 |
|||
|
Land exchange facilitation and management fund |
|
|
49,100 |
|||
|
Marine safety fund |
|
|
37,300 |
|||
|
Michigan historical center operations fund |
|
|
1,217,000 |
|||
|
Michigan state parks endowment fund |
|
|
94,600 |
|||
|
Michigan state waterways fund |
|
|
156,600 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Nongame wildlife fund |
|
|
11,000 |
|||
|
Off-road vehicle trail improvement fund |
|
|
40,600 |
|||
|
Park improvement fund |
|
|
2,988,000 |
|||
|
Recreation passport fees |
|
|
53,200 |
|||
|
Snowmobile registration fee revenue |
|
|
20,300 |
|||
|
Snowmobile trail improvement fund |
|
|
48,200 |
|||
|
Sportsmen against hunger fund |
|
|
250,000 |
|||
|
Wildlife management public education fund |
|
|
1,600,000 |
|||
|
Youth hunting and fishing education and outreach fund |
|
|
100,100 |
|||
|
State general
fund/general purpose |
|
$ |
5,158,600 |
|||
|
Sec. 105.
WILDLIFE MANAGEMENT |
|
|
|
|||
|
Full-time equated classified positions |
230.5 |
|
|
|||
|
Natural resources heritage—FTEs |
9.0 |
|
643,100 |
|||
|
Wildlife management—FTEs |
221.5 |
|
46,192,100 |
|||
|
GROSS
APPROPRIATION |
|
$ |
46,835,200 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
25,921,600 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Private funds |
|
|
315,700 |
|||
|
Cervidae licensing and inspection fees |
|
|
85,400 |
|||
|
Deer habitat reserve |
|
|
1,775,000 |
|||
|
Forest development fund |
|
|
277,600 |
|||
|
Game and fish protection fund |
|
|
12,380,500 |
|||
|
Nongame wildlife fund |
|
|
435,600 |
|||
|
Turkey permit fees |
|
|
1,052,600 |
|||
|
Waterfowl fees |
|
|
114,100 |
|||
|
State general
fund/general purpose |
|
$ |
4,477,100 |
|||
|
Sec. 106.
FISHERIES MANAGEMENT |
|
|
|
|||
|
Full-time equated classified positions |
223.5 |
|
|
|||
|
Aquatic resource mitigation—FTEs |
2.0 |
|
634,100 |
|||
|
Fish production—FTEs |
63.0 |
|
10,582,900 |
|||
|
Fisheries resource management—FTEs |
158.5 |
|
21,829,100 |
|||
|
GROSS
APPROPRIATION |
|
$ |
33,046,100 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
11,711,100 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Private funds |
|
|
136,700 |
|||
|
Fisheries settlement |
|
|
634,000 |
|||
|
Game and fish protection fund |
|
|
20,020,200 |
|||
|
Invasive species fund |
|
|
100 |
|||
|
State general
fund/general purpose |
|
$ |
544,000 |
|||
|
Sec. 107.
LAW ENFORCEMENT |
|
|
|
|||
|
Full-time equated classified positions |
293.0 |
|
|
|||
|
General law enforcement—FTEs |
293.0 |
|
45,732,800 |
|||
|
GROSS
APPROPRIATION |
|
$ |
45,732,800 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
6,784,300 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Cervidae licensing and inspection fees |
|
|
53,400 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Forest development fund |
|
|
45,400 |
|||
|
Forest recreation account |
|
|
72,800 |
|||
|
Game and fish protection fund |
|
|
20,572,600 |
|||
|
Marine safety fund |
|
|
1,352,900 |
|||
|
Michigan state parks endowment fund |
|
|
71,400 |
|||
|
Michigan state waterways fund |
|
|
21,700 |
|||
|
Off-road vehicle safety education fund |
|
|
162,800 |
|||
|
Off-road vehicle trail improvement fund |
|
|
2,007,700 |
|||
|
Park improvement fund |
|
|
72,800 |
|||
|
Snowmobile registration fee revenue |
|
|
725,200 |
|||
|
Wildlife resource protection fund |
|
|
1,111,900 |
|||
|
State general
fund/general purpose |
|
$ |
12,677,900 |
|||
|
Sec. 108.
PARKS AND RECREATION DIVISION |
|
|
|
|||
|
Full-time equated classified positions |
971.2 |
|
|
|||
|
Forest recreation and trails—FTEs |
62.7 |
|
7,395,700 |
|||
|
MacMullan conference center—FTEs |
15.0 |
|
1,210,000 |
|||
|
Michigan conservation corps |
|
|
934,400 |
|||
|
Recreational boating—FTEs |
175.4 |
|
21,018,500 |
|||
|
State parks—FTEs |
718.1 |
|
78,285,000 |
|||
|
State parks improvement revenue bonds - debt service |
|
|
1,201,300 |
|||
|
GROSS
APPROPRIATION |
|
$ |
110,044,900 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
141,400 |
|||
|
Michigan state waterways fund, federal |
|
|
1,683,700 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Private funds |
|
|
428,300 |
|||
|
Forest recreation account |
|
|
3,145,900 |
|||
|
MacMullan conference center account |
|
|
1,210,000 |
|||
|
Michigan state parks endowment fund |
|
|
11,398,900 |
|||
|
Michigan state waterways fund |
|
|
19,338,000 |
|||
|
Off-road vehicle safety education fund |
|
|
7,500 |
|||
|
Off-road vehicle trail improvement fund |
|
|
1,535,000 |
|||
|
Park improvement fund |
|
|
63,249,700 |
|||
|
Park improvement fund, Belle Isle subaccount |
|
|
1,202,100 |
|||
|
Pure Michigan trails fund |
|
|
100 |
|||
|
Recreation improvement account |
|
|
504,500 |
|||
|
Recreation passport fees |
|
|
220,300 |
|||
|
Snowmobile registration fee revenue |
|
|
16,300 |
|||
|
Snowmobile trail improvement fund |
|
|
1,682,900 |
|||
|
State general
fund/general purpose |
|
$ |
4,280,300 |
|||
|
Sec. 109.
MACKINAC ISLAND STATE PARK COMMISSION |
|
|
|
|||
|
Full-time equated classified positions |
17.0 |
|
|
|||
|
Historical facilities system—FTEs |
13.0 |
|
1,867,500 |
|||
|
Mackinac Island State Park operations—FTEs |
4.0 |
|
338,500 |
|||
|
GROSS
APPROPRIATION |
|
$ |
2,206,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Mackinac Island State Park fund |
|
|
1,658,600 |
|||
|
Mackinac Island State Park operation fund |
|
|
132,600 |
|||
|
State general fund/general
purpose |
|
$ |
414,800 |
|||
|
|
|
|
|
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Sec. 110.
FOREST RESOURCES DIVISION |
|
|
|
|||
|
Full-time equated classified positions |
339.5 |
|
|
|||
|
Adopt-a-forest program |
|
|
25,000 |
|||
|
Cooperative resource programs—FTEs |
11.0 |
|
1,613,500 |
|||
|
Forest fire equipment |
|
|
931,500 |
|||
|
Forest management and timber market development—FTEs |
185.0 |
|
43,838,400 |
|||
|
Forest management initiatives—FTEs |
8.5 |
|
911,500 |
|||
|
Minerals management—FTEs |
20.0 |
|
2,991,500 |
|||
|
Wildfire protection—FTEs |
115.0 |
|
15,122,300 |
|||
|
GROSS APPROPRIATION |
|
$ |
65,433,700 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal funds |
|
|
3,433,600 |
|||
|
Federal national forest timber fund |
|
|
9,073,400 |
|||
|
Private funds |
|
|
1,054,900 |
|||
|
Commercial forest fund |
|
|
25,600 |
|||
|
Fire equipment fund |
|
|
668,700 |
|||
|
Forest development fund |
|
|
40,269,700 |
|||
|
Forest land user charges |
|
|
236,600 |
|||
|
Game and fish protection fund |
|
|
985,200 |
|||
|
Michigan state parks endowment fund |
|
|
2,813,100 |
|||
|
Michigan state waterways fund |
|
|
53,500 |
|||
|
State general
fund/general purpose |
|
$ |
6,819,400 |
|||
|
Sec. 111.
GRANTS |
|
|
|
|||
|
Dam management grant program |
|
|
350,000 |
|||
|
Deer habitat improvement partnership initiative |
|
|
445,800 |
|||
|
Federal - clean vessel act grants |
|
|
400,000 |
|||
|
Federal - forest stewardship grants |
|
|
2,000,000 |
|||
|
Federal - land and water conservation fund payments |
|
|
6,000,000 |
|||
|
Federal - rural community fire protection |
|
|
400,000 |
|||
|
Federal - urban forestry grants |
|
|
900,000 |
|||
|
Fisheries habitat improvement grants |
|
|
1,250,000 |
|||
|
Grants to communities - federal oil, gas, and timber payments |
|
|
3,450,000 |
|||
|
Grants to counties - marine safety |
|
|
3,074,700 |
|||
|
Local marine patrol grants |
|
|
1,750,000 |
|||
|
National recreational trails |
|
|
3,904,700 |
|||
|
Nonmotorized trail development and maintenance grants |
|
|
200,000 |
|||
|
Off-road vehicle safety training grants |
|
|
60,000 |
|||
|
Off-road vehicle trail improvement grants |
|
|
4,657,700 |
|||
|
Recreation improvement fund grants |
|
|
917,000 |
|||
|
Recreation passport local grants |
|
|
2,000,000 |
|||
|
Snowmobile law enforcement grants |
|
|
380,100 |
|||
|
Snowmobile local grants program |
|
|
8,090,400 |
|||
|
Trail easements |
|
|
700,000 |
|||
|
Wildlife habitat improvement grants |
|
|
1,503,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
42,433,400 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
18,622,100 |
|||
|
Private funds |
|
|
100,000 |
|||
|
Deer habitat reserve |
|
|
200,000 |
|||
|
Game and fish protection fund |
|
|
2,753,000 |
|||
|
Local public recreation facilities fund |
|
|
2,000,000 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Marine safety fund |
|
|
1,407,300 |
|||
|
Off-road vehicle safety education fund |
|
|
60,000 |
|||
|
Off-road vehicle trail improvement fund |
|
|
4,657,700 |
|||
|
Permanent snowmobile trail easement fund |
|
|
700,000 |
|||
|
Recreation improvement account |
|
|
917,000 |
|||
|
Snowmobile registration fee revenue |
|
|
380,100 |
|||
|
Snowmobile trail improvement fund |
|
|
8,090,400 |
|||
|
State general
fund/general purpose |
|
$ |
2,545,800 |
|||
|
Sec. 112.
INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information technology services and projects |
|
|
10,694,400 |
|||
|
GROSS
APPROPRIATION |
|
$ |
10,694,400 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Commercial forest fund |
|
|
2,100 |
|||
|
Deer habitat reserve |
|
|
61,600 |
|||
|
Forest development fund |
|
|
1,694,500 |
|||
|
Forest land user charges |
|
|
23,900 |
|||
|
Forest recreation account |
|
|
42,000 |
|||
|
Game and fish protection fund |
|
|
3,865,400 |
|||
|
Land exchange facilitation and management fund |
|
|
30,600 |
|||
|
Marine safety fund |
|
|
163,600 |
|||
|
Michigan natural resources trust fund |
|
|
22,300 |
|||
|
Michigan state parks endowment fund |
|
|
1,367,400 |
|||
|
Michigan state waterways fund |
|
|
493,700 |
|||
|
Nongame wildlife fund |
|
|
30,500 |
|||
|
Off-road vehicle safety education fund |
|
|
10,400 |
|||
|
Off-road vehicle trail improvement fund |
|
|
21,800 |
|||
|
Park improvement fund |
|
|
1,419,700 |
|||
|
Pure Michigan trails fund |
|
|
100 |
|||
|
Recreation improvement account |
|
|
48,900 |
|||
|
Snowmobile registration fee revenue |
|
|
11,600 |
|||
|
Snowmobile trail improvement fund |
|
|
74,400 |
|||
|
Sportsmen against hunger fund |
|
|
600 |
|||
|
Turkey permit fees |
|
|
33,800 |
|||
|
Waterfowl fees |
|
|
3,300 |
|||
|
Wildlife resource protection fund |
|
|
42,100 |
|||
|
Youth hunting and fishing education and outreach fund |
|
|
2,000 |
|||
|
State general
fund/general purpose |
|
$ |
1,228,100 |
|||
|
Sec. 113. CAPITAL OUTLAY (1) RECREATIONAL
LANDS AND INFRASTRUCTURE |
|
|
|
|||
|
Fish hatchery infrastructure investment |
|
|
2,500,000 |
|||
|
Forest development infrastructure |
|
|
2,500,000 |
|||
|
Mass timber facility Newberry customer service center |
|
|
5,000,000 |
|||
|
State parks repair and maintenance |
|
|
19,025,000 |
|||
|
Wetlands restoration, enhancement and acquisition |
|
|
1,000,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
30,025,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Forest development fund |
|
|
7,500,000 |
|||
|
Game and fish protection fund |
|
|
2,500,000 |
|||
|
Michigan state parks endowment fund |
|
|
7,025,000 |
|||
|
Recreation passport fees |
|
|
10,500,000 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Waterfowl hunt stamp |
|
|
1,000,000 |
|||
|
State general
fund/general purpose |
|
$ |
1,500,000 |
|||
|
Sec. 113. CAPITAL OUTLAY (2) WATERWAYS BOATING
PROGRAM |
|
|
|
|||
|
Local boating infrastructure maintenance and improvements |
|
|
3,472,500 |
|||
|
State boating infrastructure maintenance |
|
|
8,102,500 |
|||
|
GROSS
APPROPRIATION |
|
$ |
11,575,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
875,000 |
|||
|
Michigan state waterways fund, federal |
|
|
200,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Michigan state waterways fund |
|
|
10,500,000 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 114.
ONE-TIME BASIS ONLY APPROPRIATIONS |
|
|
|
|||
|
Forest fire equipment |
|
|
1,000,000 |
|||
|
Forestry investment |
|
|
500,000 |
|||
|
Milliken Visitors Center |
|
|
2,500,000 |
|||
|
Shooting range development, enhancement, and restoration |
|
|
4,400,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
8,400,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal funds |
|
|
4,000,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Private funds |
|
|
400,000 |
|||
|
Forest development fund |
|
|
1,500,000 |
|||
|
State general
fund/general purpose |
|
$ |
2,500,000 |
|||
part 2
provisions concerning appropriations
for fiscal year
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources under part 1
for the fiscal year ending September 30, 2021 is $373,498,100.00 and state
spending from state resources to be paid to local units of government for the
fiscal year ending September 30, 2021 is $10,409,300.00. The itemized statement
below identifies appropriations from which spending to local units of
government will occur:
|
DEPARTMENT OF
NATURAL RESOURCES |
|
|
|
|
Dam management grants |
|
$ |
175,000 |
|
Fisheries habitat improvement grants |
|
|
125,000 |
|
Grants to counties – marine safety |
|
|
1,407,300 |
|
Local marine patrol grants |
|
|
1,750,000 |
|
Nonmotorized trail development and maintenance grants |
|
|
100,000 |
|
Off-road vehicle safety training grants |
|
|
60,000 |
|
Off-road vehicle trail improvement grants |
|
|
697,400 |
|
Recreation improvement fund grants |
|
$ |
91,700 |
|
Recreation passport local grants |
|
$ |
2,000,000 |
|
Snowmobile law enforcement grants |
|
|
380,100 |
|
Wildlife habitat improvement grants |
|
|
150,300 |
|
Local boating infrastructure maintenance and improvements |
|
|
3,472,500 |
|
TOTAL |
|
$ |
10,409,300 |
Sec. 202. The appropriations authorized under this part and part 1 are subject
to the management and budget act, 1984 PA 431,
Sec. 203. As used in this part and part 1:
(a) “Department” means the department of natural resources.
(b) “Director” means the director of the department.
(c) “
(d) “
Sec. 204. The department shall use the internet to fulfill
the reporting requirements of this part. This requirement shall include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement and it shall include placement of reports on an
internet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if competitively priced and
of comparable quality American goods or services, or both, are available.
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses if they are competitively priced and of comparable
quality. In addition, preference should be given to goods or services, or both,
that are manufactured or provided by Michigan businesses owned and operated by
veterans, if they are competitively priced and of comparable quality.
Sec. 206. The department shall not take disciplinary action
against an employee of the department or departmental agency in the state
classified civil service because the employee communicates with a member of the
senate or house or his or her 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. 207. The department shall prepare a report on
out-of-state travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal year that was
funded in whole or in part with funds appropriated in the department’s budget.
The report shall be submitted to the senate and house appropriations
committees, the senate and house fiscal agencies, and the state budget office.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general fund/general
purpose revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded with other
revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by
the department to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not apply to
legal services for bonding activities and for those outside services that the
attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of the total
general fund/general purpose appropriation lapses at the close of the prior
fiscal year. This report shall summarize the projected year-end general
fund/general purpose appropriation lapses by major departmental program or
program areas. The report shall be transmitted to the chairpersons of the
senate and house appropriations committees, and the senate and house fiscal
agencies.
Sec. 210. In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $5,000,000.00 for state
restricted contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in part 1 under section
393(2) of the management and budget act, 1984 PA 431,
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable website
accessible by the public at no cost that includes, but is not limited to, all
of the following for each department:
(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. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks, and
regularly updates key metrics that are used to monitor and improve the department’s
performance.
Sec. 214.
Total authorized appropriations from all sources under part 1 for legacy costs
for the fiscal year ending September 30, 2021 are estimated at $50,470,100.00.
From this amount, total agency appropriations for pension-related legacy costs
are estimated at $24,216,200.00. Total agency appropriations for retiree health
care legacy costs are estimated at $26,253,900.00.
Sec. 215. The
director shall take all reasonable steps to ensure businesses in deprived and
depressed communities compete for and perform contracts to provide services or
supplies, or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 216. (1)
On a quarterly basis, the department shall report to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
the department budget, and the senate and house fiscal agencies the following
information:
(a) The number
of FTEs in pay status by type of staff and civil service classification.
(b) A
comparison by line item of the number of FTEs authorized from funds
appropriated in part 1 to the actual number of FTEs employed by the department
at the end of the reporting period.
(2) By April 1
of the current fiscal year and semiannually thereafter, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) Number of
employees that were engaged in remote work in 2020.
(b) Number of
employees authorized to work remotely and the actual number of those working
remotely in the current reporting period.
(c) Estimated
net cost savings achieved by remote work.
(d) Reduced
use of office space associated with remote work.
Sec. 217.
Appropriations in part 1 shall, to the extent possible by the department, not
be expended until all existing work project authorization available for the
same purposes is exhausted.
Sec. 219. The
departments and agencies receiving appropriations in part 1 shall receive and
retain copies of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records shall be
followed. The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 220. The
department shall report no later than April 1 on each specific policy change
made to implement a public act affecting the department that took effect during
the prior calendar year to the senate and house appropriations committees, the
senate and house subcommittees on natural resources, the joint committee on
administrative rules, and the senate and house fiscal agencies.
Sec. 221.
Appropriations of state restricted game and fish protection funds have been
made in the following amounts to the following departments and agencies:
|
Legislative auditor general |
|
|
34,300 |
|
Attorney general |
|
|
659,300 |
|
Department of technology, management, and budget |
|
$ |
586,600 |
|
Department of treasury |
|
$ |
3,009,900 |
Sec.
222. Pursuant to section 43703(3) of the natural
resources and environmental protection act, 1994 PA 451,
Sec. 223. 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 and grants for
research, wildlife and fisheries management, forest management, invasive
species monitoring and control, and natural resource-related programs.
DEPARTMENT INITIATIVES
Sec. 251. From
the amounts appropriated in part 1 for invasive species prevention and control,
the department shall allocate not less than $3,600,000.00 for grants for the
prevention, detection, eradication, and control of invasive species.
DEPARTMENT SUPPORT SERVICES
Sec. 302. The
department may charge land acquisition projects appropriated for the fiscal
year ending September 30, 2021, and for prior fiscal years, a standard
percentage fee to recover actual costs, and may use the revenue derived to
support the land acquisition service charges provided for in part 1.
Sec. 303. As appropriated in part 1, the department may
charge both application fees and transaction fees related to the exchange or
sale of state-owned land or rights in land authorized by part 21 of the natural
resources and environmental protection act, 1994 PA 451,
COMMUNICATION AND
CUSTOMER SERVICES
Sec. 408. By October 21, the department shall submit to the
senate and house appropriations subcommittees on natural resources a report on
all land transactions approved by the natural resources commission in the
fiscal year ending September 30, 2020. For each land transaction, the report
shall include the size of the parcel, the county and municipality in which the
parcel is located, the dollar amount of the transaction, the fund source affected
by the transaction, and whether the transaction is by purchase, public auction,
transfer, exchange, or conveyance.
Sec. 409. The department shall provide a report on the
current and planned future use of the Portage Restaurant at Presque Isle State
Harbor in Presque Isle County. The report must include the following:
(a) Loss of rental income since building lease expired.
(b) Maintenance, renovations, and repair expenses since
January 2019, including, but not limited to:
(i) Heat.
(ii) Electric.
(iii) Interior.
(iv) Exterior.
(v) Insurance.
(c) Responses to requests for proposal put out since January
2019.
(d) Responses to requests for information put out since
January 2019.
(e) Copy of contract provided to potential tenants.
WILDLIFE DIVISION
Sec. 506. The United States Department of Agriculture,
Wildlife Services, is encouraged to harvest all deer during targeted removal
required under the enhanced wildlife biosecurity program.
Sec. 507. (1) With the authority vested in section 43521 of
the natural resources and environmental protection act, 1994 PA 451, MCL
324.43521, the department may discount the price of antlerless deer licenses to
$5.00 for deer management units 452 and 487 to achieve a harvest or management
objective for that species.
(2) From the funds appropriated in part 1 for wildlife
management, up to $505,000.00 from the general fund shall be credited to the
game and fish protection account to supplant lost revenue that would otherwise
be collected from full-price antlerless deer licenses sold for deer management
units 452 and 487 pursuant to the fees set in section 43527a of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.43527a, if not
for the discount in subsection (1). The state budget director shall authorize
the expenditure of these funds only upon confirmation of the license discount
under subsection (1).
(3) The department may terminate the discount in subsection
(1) once the lost revenue from that discount reaches $505,000.00.
FISHERIES DIVISION
Sec. 601. (1) From the appropriation in part 1 for aquatic
resource mitigation, not more than $758,000.00 shall be allocated for grants to
watershed councils, resource development councils, soil conservation districts,
local governmental units, and other nonprofit organizations for stream habitat
stabilization and soil erosion control.
(2) The fisheries division in the department shall develop
priority and cost estimates for all projects recommended for grants under
subsection (1).
Sec. 602. As a condition of expenditure of fisheries
management appropriations under part 1, the department of natural resources
shall not impede the certification process for water control structures on
Michigan waterways. The department of natural resources shall fund from funds
appropriated in part 1 all non-water-quality studies or requirements that the
department requests of either of the following:
(a) The department of environmental quality as a condition
for issuance of a certification under section 401 of the federal water
pollution control act, 33
(b) The Federal Energy Regulatory Commission as a condition
of licensing under the federal power act, 16
Sec. 603. The department shall produce an annual report
detailing the performance of its fish hatcheries by March 31.
FOREST RESOURCES
DIVISION
Sec. 802. From the funds appropriated in part 1, the
department shall provide quarterly reports on the number of acres of state
forestland marked or treated for timber harvest to the senate and house
appropriations subcommittees on natural resources and the standing committees
of the senate and house of representatives with primary responsibility for
natural resources issues. The department shall complete and deliver these
reports by 45 days after the end of the fiscal quarter.
Sec. 803. In addition to the money appropriated in part 1,
the department may receive and expend money from federal sources to provide
response to wildfires as required by a compact with the federal government. If
additional expenditure authorization is required, the department shall notify
the state budget office that expenditure under this section is required. The
department shall notify the house and senate appropriations subcommittees on
natural resources and the house and senate fiscal agencies by November 1 of the
expenditures under this section during the fiscal year ending September 30,
2020.
Sec. 807. (1) In addition to the funds appropriated in part
1, there is appropriated from the disaster and emergency contingency fund up to
$800,000.00 to cover department costs related to any disaster as defined in
section 2 of the emergency management act, 1976 PA 390, MCL 30.402.
(2) Funds appropriated under subsection (1) shall not be
expended unless the state budget director recommends the expenditure and the
department notifies the house and senate committees on appropriations. By
December 1 each year, the department shall provide a report to the senate and
house fiscal agencies and the state budget office on the use of the disaster
and emergency contingency fund during the prior fiscal year.
(3) If Federal Emergency Management Agency (FEMA)
reimbursement is approved for costs paid from the disaster and emergency
contingency fund, the federal revenue shall be deposited into the disaster and
emergency contingency fund.
(4) Unexpended and unencumbered funds remaining in the disaster
and emergency contingency fund at the close of the fiscal year shall not lapse
to the general fund and shall be carried forward and be available for
expenditures in subsequent fiscal years.
LAW ENFORCEMENT
Sec. 901. The appropriation in part 1 for snowmobile law
enforcement grants shall be used by the department to provide grants to county
law enforcement agencies to enforce part 821 of the natural resources and
environmental protection act, 1994 PA 451,
Sec. 902. The department shall provide a report on the marine
safety grant program to the senate and house appropriations subcommittees on
natural resources and the senate and house fiscal agencies by December 1. The
report shall include the following information for the preceding year: the total
amount of revenue received for watercraft registrations, the amount deposited
into the marine safety fund, and the expenditures made from the marine safety
fund, including the amounts expended for department administration, other state
agencies, the law enforcement division, and grants to counties. The report
shall also include the distribution methodology used by the department to
distribute the marine safety grants and a list of the grants and the amounts
awarded by county.
GRANTS
Sec. 1001. Federal pass-through funds to local institutions
and governments that are received in amounts in addition to those included in
part 1 for grants to communities - federal oil, gas, and timber payments and
that do not require additional state matching funds are appropriated for the
purposes intended. By November 30, the department shall report to the
senate and house appropriations subcommittees on natural resources, the senate
and house fiscal agencies, and the state budget director on all amounts
appropriated under this section during the fiscal year ending September 30,
2020.
Sec. 1002. From the funds appropriated in part 1 for deer
habitat improvement partnership initiative, $145,800.00 shall be made available
for grants through the northern lower peninsula deer private land assistance
network.
Sec. 1003. From the funds appropriated in part 1 for local
marine patrol grants, $1,750,000.00 is appropriated as grants to local sheriffs
to enforce no wake zones in an effort to mitigate high water impacts on local
infrastructure. Individual grant amounts shall not be more than $100,000.00.
CAPITAL OUTLAY
Sec. 1103. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent with section
248 of the management and budget act, 1984 PA 431,
ARTICLE 12
DEPARTMENT OF STATE POLICE
part 1
line-item appropriations
Sec. 101. There is appropriated for the department of state
police for the fiscal year ending September 30, 2021, from the following funds:
|
DEPARTMENT OF STATE POLICE |
|
|
|
|||
|
APPROPRIATION
SUMMARY |
|
|
|
|||
|
Full-time equated unclassified positions |
3.0 |
|
|
|||
|
Full-time equated classified positions |
3,596.0 |
|
|
|||
|
GROSS
APPROPRIATION |
|
$ |
738,085,500 |
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
24,649,600 |
|||
|
ADJUSTED GROSS APPROPRIATIONS |
|
$ |
713,435,900 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal revenues |
|
|
124,103,800 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
4,841,200 |
|||
|
Total private revenues |
|
|
35,000 |
|||
|
Total other state restricted revenues |
|
|
145,079,300 |
|||
|
State general
fund/general purpose |
|
$ |
439,376,600 |
|||
|
Sec. 102.
DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
|||
|
Full-time equated unclassified positions |
3.0 |
|
|
|||
|
Full-time equated classified positions |
81.0 |
|
|
|||
|
Unclassified salaries—FTEs |
3.0 |
$ |
623,900 |
|||
|
Accounting service center |
|
|
1,516,600 |
|||
|
Department services—FTEs |
18.0 |
|
4,667,200 |
|||
|
Departmentwide |
|
|
43,588,900 |
|||
|
Executive direction—FTEs |
26.0 |
|
4,424,800 |
|||
|
Mobile office and system support—FTEs |
37.0 |
|
4,980,700 |
|||
|
GROSS
APPROPRIATION |
|
$ |
59,802,100 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG from department of corrections, contract |
|
|
26,000 |
|||
|
IDG from department of state |
|
|
1,400 |
|||
|
IDG from department of transportation, state trunkline fund |
|
|
3,900 |
|||
|
IDG from department of treasury, casino gaming fees |
|
|
116,200 |
|||
|
IDG, training academy charges |
|
|
179,500 |
|||
|
Intradepartmental transfers |
|
|
38,200 |
|||
|
Federal revenues: |
|
|
|
|||
|
Coronavirus relief fund |
|
|
85,200 |
|||
|
Total other federal revenues |
|
|
273,300 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
1,200 |
|||
|
Michigan merit award trust fund |
|
|
18,100 |
|||
|
Total other state restricted revenues |
|
|
4,740,100 |
|||
|
State general
fund/general purpose |
|
$ |
54,319,000 |
|||
|
|
|
|
|
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Sec. 103.
LAW ENFORCEMENT SERVICES |
|
|
|
|||
|
Full-time equated classified positions |
591.0 |
|
|
|||
|
Biometrics and identification—FTEs |
58.0 |
$ |
9,751,500 |
|||
|
Criminal justice information center—FTEs |
152.0 |
|
21,914,400 |
|||
|
Forensic science—FTEs |
279.0 |
|
47,740,200 |
|||
|
Grants and community services—FTEs |
50.0 |
|
21,105,500 |
|||
|
Office of school safety—FTEs |
3.0 |
|
511,200 |
|||
|
State 9-1-1 administration—FTEs |
5.0 |
|
1,117,300 |
|||
|
Training—FTEs |
44.0 |
|
8,851,900 |
|||
|
GROSS
APPROPRIATION |
|
$ |
110,992,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG from department of corrections, contract |
|
|
318,900 |
|||
|
IDG from department of state |
|
|
384,200 |
|||
|
IDG from department of transportation, state trunkline fund |
|
|
739,500 |
|||
|
IDG, training academy charges |
|
|
2,434,600 |
|||
|
Intradepartmental transfers |
|
|
750,000 |
|||
|
Federal revenues: |
|
|
|
|||
|
Coronavirus relief fund |
|
|
383,100 |
|||
|
Total other federal revenues |
|
|
15,838,700 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
919,200 |
|||
|
Total private revenues |
|
|
20,000 |
|||
|
Total other state restricted revenues |
|
|
39,385,100 |
|||
|
State general
fund/general purpose |
|
$ |
49,818,700 |
|||
|
Sec. 104.
MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS |
|
|
|
|||
|
Full-time equated classified positions |
18.0 |
|
|
|||
|
Public safety officers benefit program—FTE |
1.0 |
$ |
302,800 |
|||
|
Standards and training/justice training grants—FTEs |
17.0 |
|
8,536,900 |
|||
|
Training only to local units |
|
|
654,500 |
|||
|
GROSS
APPROPRIATION |
|
$ |
9,494,200 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal revenues |
|
|
250,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total other state restricted revenues |
|
|
8,624,900 |
|||
|
State general
fund/general purpose |
|
$ |
619,300 |
|||
|
Sec. 105.
FIELD SERVICES |
|
|
|
|||
|
Full-time equated classified positions |
2,304.0 |
|
|
|||
|
Investigative services—FTEs |
151.5 |
$ |
33,475,600 |
|||
|
Post operations—FTEs |
2,122.5 |
|
335,222,900 |
|||
|
Secure cities partnership—FTEs |
30.0 |
|
7,879,700 |
|||
|
GROSS
APPROPRIATION |
|
$ |
376,578,200 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG from department of treasury, casino gaming fees |
|
|
5,197,000 |
|||
|
Intradepartmental transfers |
|
|
797,900 |
|||
|
Federal revenues: |
|
|
|
|||
|
Coronavirus relief fund |
|
|
44,329,600 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Total other federal revenues |
|
|
6,755,300 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
1,200,000 |
|||
|
Michigan merit award trust fund |
|
|
830,200 |
|||
|
Total other state restricted revenues |
|
|
50,438,700 |
|||
|
State general fund/general purpose |
|
$ |
267,029,500 |
|||
|
Sec. 106. SPECIALIZED
SERVICES |
|
|
|
|||
|
Full-time equated classified positions |
602.0 |
|
|
|||
|
Commercial vehicle enforcement—FTEs |
211.0 |
$ |
31,400,200 |
|||
|
Emergency management and homeland security—FTEs |
64.0 |
|
16,126,500 |
|||
|
Hazardous materials programs—FTEs |
25.0 |
|
23,873,900 |
|||
|
Highway safety planning—FTEs |
26.0 |
|
18,193,800 |
|||
|
Intelligence operations—FTEs |
200.0 |
|
27,640,900 |
|||
|
Secondary road patrol program—FTE |
1.0 |
|
13,074,300 |
|||
|
Special operations—FTEs |
75.0 |
|
14,737,900 |
|||
|
GROSS APPROPRIATION |
|
$ |
145,047,500 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG from department of transportation, state trunkline fund |
|
|
11,168,900 |
|||
|
IDG from department of technology, management, and budget |
|
|
3,100 |
|||
|
IDG from department of treasury, public safety answer point
training 911 fund |
|
|
100,000 |
|||
|
Intradepartmental transfers |
|
|
1,998,300 |
|||
|
Federal revenues: |
|
|
|
|||
|
Coronavirus relief fund |
|
|
702,100 |
|||
|
Total other federal revenues |
|
|
54,526,100 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
1,784,300 |
|||
|
Total private revenues |
|
|
15,000 |
|||
|
Total other state restricted revenues |
|
|
28,876,200 |
|||
|
State general fund/general purpose |
|
$ |
45,873,500 |
|||
|
Sec. 107. INFORMATION
TECHNOLOGY |
|
|
|
|||
|
Information technology services and projects |
|
$ |
28,462,400 |
|||
|
GROSS APPROPRIATION |
|
$ |
28,462,400 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG from department of state |
|
|
3,800 |
|||
|
IDG from department of transportation, state trunkline fund |
|
|
258,400 |
|||
|
IDG from department of treasury, casino gaming fees |
|
|
96,800 |
|||
|
IDG, training academy charges |
|
|
12,200 |
|||
|
Intradepartmental transfers |
|
|
20,800 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal revenues |
|
|
960,400 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
936,500 |
|||
|
Michigan merit award trust fund |
|
|
6,100 |
|||
|
Total other state restricted revenues |
|
|
12,159,900 |
|||
|
State general fund/general purpose |
|
$ |
14,007,500 |
|||
|
Sec. 108. ONE-TIME
APPROPRIATIONS |
|
|
|
|||
|
Michigan joint task force on jail and pretrial incarceration |
|
$ |
4,200,000 |
|||
|
Trooper school |
|
|
3,509,100 |
|||
|
GROSS APPROPRIATION |
|
$ |
7,709,100 |
|||
|
Appropriated from: |
|
|
|
|||
|
State general fund/general purpose |
|
$ |
7,709,100 |
|||
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201.
Pursuant to section 30 of article IX of the state constitution of 1963, total
state spending from state sources under part 1 for fiscal year 2020-2021 is
$584,455,900.00 and state spending from state sources to be paid to local units
of government for fiscal year 2020-2021 is $15,899,900.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
|
DEPARTMENT OF STATE POLICE |
|
|
|
|
Secondary road patrol program |
|
$ |
12,963,600 |
|
Standards and training/justice training grants |
|
|
2,281,800 |
|
Training only to local units |
|
|
654,500 |
|
TOTAL |
|
$ |
15,899,900 |
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) “CJIS”
means Criminal Justice Information Systems.
(b) “Core
service” means that term as defined in section 373 of the management and budget
act, 1984 PA 431, MCL 18.1373.
(c) “Department”
means the department of state police.
(d) “Director”
means the director of the department.
(e) “DNA”
means deoxyribonucleic acid.
(f) “DTMB”
means the department of technology, management, and budget.
(g) “FTE”
means full-time equated.
(h) “IDG”
means interdepartmental grant.
(i) “MCOLES”
means the Michigan commission on law enforcement standards created in section 3
of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL
28.603.
(j) “Subcommittees”
means the subcommittees of the senate and house standing committees on
appropriations with jurisdiction over the budget for the department.
(k) “Support
service” means an activity required to support the ongoing delivery of core
services.
Sec. 204. The
department and agencies receiving appropriations in part 1 shall use the
internet to fulfill the reporting requirements of this part. This requirement
must include transmission of reports via electronic mail to the recipients
identified for each reporting requirement and it must include placement of reports
on an internet site.
Sec. 205.
Funds appropriated in part 1 shall not be used for the purchase of foreign
goods or services, or both, if competitively priced and of comparable quality
American goods or services, or both, are available. Preference shall be given
to goods or services, or both, manufactured or provided by Michigan businesses,
if they are competitively priced and of comparable quality. In addition,
preference shall be given to goods or services, or both, that are manufactured
or provided by Michigan businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 206. The
department shall not take disciplinary action against an employee of the
department or a departmental agency in the state classified civil service
because the employee communicates with a member of the legislature or a member’s
staff, unless the communication is prohibited by law and the department or
departmental agency taking disciplinary action is exercising its authority as provided
by law.
Sec. 207. The
department and agencies receiving appropriations in part 1 shall prepare a
report on out-of-state travel expenses not later than January 1 of each year.
The travel report shall be a listing of all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal year that was
funded in whole or in part with funds appropriated in the department’s budget.
The report shall be submitted to the senate and house appropriations
committees, the senate and house fiscal agencies, and the state budget
director. The report shall include the following information:
(a) The dates
of each travel occurrence.
(b) The total
transportation and related costs of each travel occurrence, including the
proportion funded with state general fund/general purpose revenues, the
proportion funded with state restricted revenues, the proportion funded with
federal revenues, and the proportion funded with other revenues.
Sec. 208.
Funds appropriated in part 1 shall not be used by a principal executive
department, state agency, or authority to hire a person to provide legal
services that are the responsibility of the attorney general. This prohibition
does not apply to legal services for bonding activities and for those outside
services that the attorney general authorizes.
Sec. 209. Not
later than November 30, the state budget office shall prepare and transmit a
report that provides for estimates of the total general fund/general purpose
appropriation lapses at the close of the prior fiscal year. This report shall
summarize the projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report shall be
transmitted to the chairpersons of the senate and house appropriations
committees, the subcommittees, and the senate and house fiscal agencies.
Sec. 210. (1)
In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for federal contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
(2) In
addition to the funds appropriated in part 1, there is appropriated an amount
not to exceed $4,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another
line item in part 1 under section 393(2) of the management and budget act, 1984
PA 431, MCL 18.1393.
Sec. 211. The
department shall cooperate with the DTMB to maintain a searchable website
accessible by the public at no cost that includes, but is not limited to, all
of the following for the department:
(a) Fiscal
year-to-date expenditures by category.
(b) Fiscal
year-to-date expenditures by appropriation unit.
(c) Fiscal
year-to-date payments to a selected vendor, including the vendor name, payment
date, payment amount, and payment description.
(d) The number
of active department employees by job classification.
(e) Job
specifications and wage rates.
Sec. 212.
Within 14 days after the release of the executive budget recommendation, the
department shall cooperate with the state budget office to provide the
chairpersons of the senate and house appropriations committees, the
chairpersons of the subcommittees, and the senate and house fiscal agencies with
an annual report on estimated state restricted fund balances, state restricted
fund projected revenues, and state restricted fund expenditures for the fiscal
years ending September 30, 2020 and September 30, 2021.
Sec. 213. The
department shall maintain, on a publicly accessible website, a department
scorecard that identifies, tracks, and regularly updates key metrics that are
used to monitor and improve the department’s performance.
Sec. 214.
Total authorized appropriations from all sources under part 1 for legacy costs
for the fiscal year ending September 30, 2021 are estimated at $134,845,000.00.
From this amount, total department appropriations for pension-related legacy
costs are estimated at $72,052,800.00. Total department appropriations for retiree
health care legacy costs are estimated at $62,792,200.00.
Sec. 215. To
the extent permissible under the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, the director shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and perform
contracts to provide services or supplies, or both. The director shall strongly
encourage firms with which the department contracts to subcontract with
certified businesses in depressed and deprived communities for services or
supplies, or both.
Sec. 216. (1)
On a quarterly basis, the department shall report to the senate and house
appropriations committees, the senate and house appropriations subcommittees on
the department budget, and the senate and house fiscal agencies the following
information:
(a) The number
of FTEs in pay status by type of staff and civil service classification.
(b) A
comparison by line item of the number of FTEs authorized from funds
appropriated in part 1 to the actual number of FTEs employed by the department
at the end of the reporting period.
(2) By April 1
of the current fiscal year and semiannually thereafter, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) Number of
employees that were engaged in remote work in 2020.
(b) Number of
employees authorized to work remotely and the actual number of those working
remotely in the current reporting period.
(c) Estimated
net cost savings achieved by remote work.
(d) Reduced
use of office space associated with remote work.
Sec. 217.
Appropriations in part 1 shall, to the extent possible by the department, not
be expended until all existing work project authorization available for the
same purposes is exhausted.
Sec. 218. If
the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3,
transfers funds from an amount appropriated under this article, the legislature
may, by a concurrent resolution adopted by a majority of the members elected to
and serving in each chamber, intertransfer funds within this article for the
particular department, board, commission, officer, or institution.
Sec. 219. The department and agencies receiving
appropriations in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for short-term and
long-term retention of records shall be followed. The department may electronically
retain copies of reports unless otherwise required by federal and state
guidelines.
Sec. 220. The department shall report no later than April 1
on each specific policy change made to implement a public act affecting the
department that was enacted and took effect during the prior calendar year to
the senate and house appropriations committees, the subcommittees, the joint
committees on administrative rules, and the senate and house fiscal agencies.
Sec. 221. Based on the availability of federal funding and
demonstrated need, as indicated by applications submitted to the state court
administrative office, the department shall provide $1,500,000.00 in Byrne
justice assistance grant program funding to the judiciary by interdepartmental
grant.
Sec. 222. The department shall provide biannual reports to
the subcommittees, the senate and house fiscal agencies, and the state budget
office that provide the following data:
(a) A list of major work projects, including the status of
each project.
(b) The department’s financial status, featuring a report of
budgeted versus actual expenditures by part 1 line item including a year-end
projection of budget requirements. If projected department budget requirements
exceed the allocated budget, the report shall include a plan to reduce overall
expenses while still satisfying specified service level requirements.
(c) A report on the performance metrics cited or information
required to be reported in this part, reasons for nonachievement of metric
targets, and proposed corrective actions.
Sec. 223. The appropriations in part 1 are for the core
services, support services, and work projects of the department, including, but
not limited to, the following core services:
(a) State security operations.
(b) Training.
(c) MCOLES.
(d) CJIS.
(e) Forensic analysis and biometric identification.
(f) Post operations and investigative services.
(g) Special operations.
(h) Intelligence operations.
(i) Commercial vehicle regulation and enforcement.
(j) Emergency management and homeland security.
(k) Highway safety planning.
(l) Secondary road patrol program.
Sec. 224. The department shall notify the subcommittees, the
chairpersons of the senate and house appropriations committees, and the senate
and house fiscal agencies not less than 90 days before recommending to close or
consolidate any state police post. The notification shall include a local and
state impact study of the proposed post closure or consolidation.
Sec. 225. At least 90 days before beginning any effort to
privatize, the department shall submit a complete project plan to the
subcommittees and the senate and house fiscal agencies. The plan shall include
the criteria under which the privatization initiative will be evaluated. The
evaluation shall be completed and submitted to the subcommittees and the senate
and house fiscal agencies within 30 months.
Sec. 226. (1) When the department provides contractual
services to a local unit of government, the department shall be reimbursed for
all costs incurred in providing the services, including, but not limited to,
retirement and overtime costs.
(2) The department shall define service cost models for those
services requiring reimbursement.
(3) Contractual services provided to an entity other than a
local unit of government may be provided by department personnel, but only on
an overtime basis outside the normal work schedule of the personnel.
(4) This section does not apply to services provided to state
agencies.
(5) Revenues received for contractual or reimbursed services
in excess of the appropriation in part 1 are appropriated and may be received
and expended by the department for the purposes for which funds are received.
(6) If additional authorization is approved in the statewide
integrated governmental management application (SIGMA) by the state budget
office under this section, the department shall notify the subcommittees and
the senate and house fiscal agencies within 10 days after the approval. The
notification shall include the amount and funding source of the additional authorization,
the date of its approval, and the projected use of funds to be expended.
Sec. 227. The department shall serve as an active liaison
between the DTMB and state, local, regional, and federal public safety agencies
on matters pertaining to the Michigan public safety communications system and
shall report user issues to the DTMB.
Sec. 228. The department may establish and collect fees for
publications, videos, conferences, workshops, and related materials. Collected
fees shall be used to offset expenditures for costs of the publications,
videos, workshops, conferences, and related materials. The department shall not
collect fees under this section that exceed the cost of the expenditures.
Sec. 229. (1) The department may accept monetary and nonmonetary
gifts, bequests, donations, contributions, or grants from any private or public
source to support, in whole or in part, a departmental function or program. The
department shall expend or use such gifts, bequests, donations, contributions,
or grants for the purposes designated by the private or public source, if the
purpose is specified.
(2) Revenue collected by the department under this section
that is unexpended and unencumbered shall not lapse to the general fund but
shall be carried forward to the subsequent fiscal year.
Sec. 230. (1) Federal revenues authorized by and available
from the federal government in excess of the appropriations in part 1 are
appropriated and may be received and expended by the department for purposes
authorized under state law and subject to federal requirements. The total
amount of federal revenues that may be received and expended under this section
and section 704(3) must not exceed $45,000,000.00.
(2) The department shall notify the subcommittees and the
senate and house fiscal agencies before expending federal revenues received and
appropriated under subsection (1).
(3) If additional authorization is approved in the statewide
integrated governmental management application (SIGMA) by the state budget
office under this section, the department shall notify the subcommittees and
the senate and house fiscal agencies within 10 days after the approval. The
notification shall include the amount and funding source of the additional
authorization, the date of its approval, and the projected use of funds to be
expended.
Sec. 231. It is the intent of the legislature that the
department shall take all steps necessary to protect the data and privacy of
citizens who are not the focus of a departmental investigation and to protect
personal information from unauthorized access or misuse. This includes, but is
not limited to, requiring vendors or service providers to protect data shared
with them, ensuring that when personal data is collected, but no longer
utilized by the department, that reasonable steps be taken to securely destroy
records containing personal information when it is to be discarded so that the
information is rendered indecipherable and is not sold for marketing or other
purposes. In addition, the department shall provide written notification to any
data subject whose sensitive personal information is accessed or acquired by an
unauthorized person.
Sec. 232. A law enforcement officer or a motor carrier
officer funded under part 1 shall not be required to issue a predetermined or
specified number of citations for violations of the Michigan vehicle code, 1949
PA 300, MCL 257.1 to 257.923, or of local ordinances substantially
corresponding to provisions of the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923, including parking or standing violations. A law enforcement
officer’s or motor carrier officer’s performance evaluation system shall not
require a predetermined or specified number of citations to be issued.
Sec. 233. The department shall report to the subcommittees
and the senate and house fiscal agencies on tentative plans for the required
payment of any court judgment against the department, as soon as those plans
are developed. The report must include, but is not limited to, all of the
following information:
(a) A listing of all known court judgments that would result
in a financial obligation for the department.
(b) The amount of time in which each of those financial
obligations must be met.
(c) The proposed budget line items from which a payment for a
court judgment of $100,000.00 or more would be made.
(d) The estimated impact of the loss of revenue on the programs
funded by any line items from which payments would be made.
Sec. 234. Any coronavirus relief funds appropriated in part 1
for which expenditures have not been incurred as of December 30, 2020, are
unappropriated and immediately reappropriated for deposit into the unemployment
compensation fund established under section 26 of the Michigan unemployment
security act, 136 (Ex Sess) PA 1, MCL 421.26, to support costs incurred from
March 1, 2020 through December 30, 2020, due to the COVID-19 public health emergency.
LAW ENFORCEMENT
SERVICES
Sec. 401. (1) The department shall develop and deliver
professional, innovative, and quality training that supports the enforcement
and public safety efforts of the criminal justice community.
(2) The department shall provide performance data, as
provided under section 222, for days of training being conducted by the
academy, with an annual goal of at least 80%.
(3) The department shall submit a report to the subcommittees
and the senate and house fiscal agencies within 60 days of the conclusion of
any trooper, motor carrier, or state properties security recruit school. The
report shall include the following:
(a) The number of veterans and the number of MCOLES-certified
police officers who were admitted to and the number who graduated from the
recruit school.
(b) The total number of recruits who were admitted to the
school, the number of recruits who graduated from the school, and the location
at which each of these recruits is assigned.
(4) The department shall distribute and review course
evaluations to ensure that quality training is provided.
Sec. 402. (1) In accordance with applicable state and federal
laws and regulations, the department shall maintain and ensure compliance with
CJIS databases and applications in the support of public safety and law
enforcement communities.
(2) The department shall improve the accuracy, timeliness,
and completeness of criminal history information by conducting a minimum of 30
outreach activities targeted to criminal justice agencies. The department shall
report the number of these outreach activities conducted, as provided under
section 222.
(3) The department shall provide for the compilation of crime
statistics consistent with the uniform crime reporting (UCR) program and the
national incident-based report system (NIBRS).
(4) The department shall provide for the compilation and
evaluation of traffic crash reports and the maintenance of the state accident
data collection system.
(5) The department shall make individual traffic crash reports
available for a fee of $10.00 per incident. The department may also sell an
extract of electronic traffic crash data for a fee of $0.25 per incident,
provided that the name, address, and any other personal identifying information
have been excluded.
(6) In accordance with applicable state and federal laws and
regulations, the department shall provide for the maintenance and dissemination
of criminal history records and juvenile records, including to the extent
necessary to exchange criminal history records information with the Federal
Bureau of Investigation and other states through the interstate identification
index, the National Crime Information Center, and other federal CJIS databases
and indices.
(7) In accordance with applicable state and federal laws, the
department shall provide for the maintenance of records, including criminal
history records regarding firearms licensure, as provided in 1927 PA 372, MCL
28.421 to 28.435.
(8) The department shall provide a report to the legislature
on concealed pistol licensing not later than December 1, 2021 that includes all
of the following:
(a) The department’s actual revenue received from fees paid
for concealed pistol license (CPL) applications for fiscal year 2020-2021 and
the uses of that revenue.
(b) The department’s fiscal year 2020-2021 costs for
administering its concealed pistol licensing responsibilities under 1927 PA
372, MCL 28.421 to 28.435, but not including costs related to the
administration of other state statutes or requirements of federal law.
(9) The department shall provide information on the number of
background checks processed through the internet criminal history access tool
(ICHAT), as provided in section 222.
(10) The following unexpended and unencumbered revenues
deposited into the criminal justice information center service fees shall not
lapse to the general fund, but shall be carried forward into the subsequent
fiscal year:
(a) Fees for fingerprinting and criminal record checks and
name-based criminal record checks under 1935 PA 120, MCL 28.271 to 28.274.
(b) Fees for application and licensing for initial and
renewal concealed pistol licenses under 1927 PA 372, MCL 28.421 to 28.435.
(c) Fees for searching, copying, and providing public records
under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(d) Revenue from other sources, including, but not limited
to, investment and interest earnings.
(11) Unexpended and unencumbered revenue generated by state
records management system fees shall not lapse to the general fund, but shall
be carried forward into the subsequent fiscal year.
Sec. 403. (1) The department shall provide forensic testing
and analysis/profiling of DNA evidence to aid in law enforcement investigations
in this state.
(2) The department shall ensure its ability to maintain
accreditation by a federally designated accrediting agency, as provided under
34 USC 12592.
(3) The department shall provide forensic science services
with an average turnaround time of 55 days, assuming an annual caseload volume
commensurate with that received in fiscal year 2012-2013, and shall work to
achieve a goal of a 30-day average turnaround time across all forensic science
disciplines.
(4) The department shall provide the following data as
provided in section 222:
(a) The average turnaround time for processing forensic
evidence across all disciplines.
(b) Forensic laboratory staffing levels, including scientists
in training, and vacancies.
(c) The number of backlogged cases in each discipline.
Sec. 404. (1) The biometrics and identification division
shall house and manage the automated fingerprint identification system, the
statewide network of agency photographs, and combined offender DNA index system
biometric databases.
(2) The department shall provide data on the number of
10-print and palm-print submissions to the database, with a goal of at least
97% of submissions provided electronically, as provided in section 222.
(3) The department shall maintain the staffing and resources
necessary to have a 28-day average wait time for scheduling a polygraph
examination, assuming an annual caseload received commensurate with fiscal year
2012-2013, with a goal of achieving a 15-day average wait time.
(4) If changes are made to the department’s protocol for
retaining and purging DNA analysis samples and records, the department shall
post a copy of the protocol changes on the department’s website.
Sec. 405. Not later than December 1, the department shall
submit a report to the subcommittees and senate and house fiscal agencies that
includes, but is not limited to, all of the following information:
(a) Sexual assault kit analysis backlog at the beginning of
the prior fiscal year.
(b) The number of sexual assault kits collected or submitted
for analysis during the prior fiscal year.
(c) The number of sexual assault kits analyzed and the number
of associated DNA profiles created and uploaded during the prior fiscal year.
(d) Sexual assault kit analysis backlog at the ending of the
prior fiscal year.
(e) The average turnaround time to analyze sexual assault
kits and to create and upload associated DNA profiles for the prior fiscal
year.
Sec. 406. The department shall provide administrative support
for the following grant and community service programs:
(a) The operations of the automobile theft prevention
authority.
(b) Administration of the Edward Byrne memorial justice
assistance program and other grant programs, as well as the department’s
community policing efforts.
(c) Administration of school safety grants.
Sec. 407. Not later than March 30, the office of school
safety shall provide a school safety report to the legislature and the senate
and house fiscal agencies that must include the following:
(a) The status of school safety grants, if any, issued by the
grants and community services unit or the office of school safety, including
grant amounts awarded to each school district for school safety improvements.
(b) Reports of incidents of school violence or threats
reported to the state police by local law enforcement or local school districts,
or received through the Michigan incident crime report (MICR).
(c) Reports of OK2SAY-based incidences and activities.
(d) Based upon an evaluation of incidents of school safety
and analysis of school safety grants, recommendations on best practices and
other safety measures to ensure school safety in this state.
MICHIGAN COMMISSION ON
LAW ENFORCEMENT STANDARDS
Sec. 501. (1) MCOLES shall establish standards for the
selection, employment, training, education, licensing, and licensure revocation
of all law enforcement officers and provide the basic law enforcement training
curriculum for law enforcement training academy programs statewide.
(2) MCOLES shall maintain staffing and resources necessary to
update law enforcement standards within 120 days of the enactment date of any
new legislation.
FIELD SERVICES
Sec. 601. (1) Department enlisted personnel who are employed
to enforce traffic laws as provided in section 629e of the Michigan vehicle
code, 1949 PA 300, MCL 257.629e, are not prohibited from responding to crimes
in progress or other emergency situations and are responsible for making every
effort to protect all residents of this state.
(2) The department shall maintain the staffing and resources
necessary to continually work to enhance traffic safety throughout this state
and shall dedicate a minimum of 455,200 hours to statewide patrol, of which a
minimum of 40,000 shall be committed to distressed cities in this state. The
department shall work to improve public safety efforts within distressed cities
by enhancing data analysis capabilities and identifying crime trends and areas
with high occurrence of crime.
(3) The department shall report on the number of residence
checks of registered sex offenders conducted, as provided under section 222.
(4) The department shall submit a report on or before April
15 to the subcommittees and senate and house fiscal agencies regarding the
secure cities partnership during the prior calendar year.
Sec. 602. (1) The department shall identify and apprehend
criminals through criminal investigations in this state.
(2) The department shall maintain the staffing and resources
necessary to provide a comparable number of hours investigating crimes as those
performed in fiscal year 2012-2013.
(3) The department shall maintain the staffing and resources
necessary to annually meet or exceed a case clearance rate of 62%.
(4) The department shall annually provide 4 training
opportunities to local law enforcement partners with the goal of increasing
their knowledge of gambling laws, trends, legal issues, and opioid-related
investigations.
(5) The department shall maintain the staffing and resources
necessary to increase the number of opioid-related investigations by 20% above
the number of those investigations conducted in the 2014-2015 fiscal year by
multijurisdictional task forces and hometown security teams. The department
shall work to enhance investigative and drug interdiction efforts by enhancing
data analysis capabilities and linking investigations among multijurisdictional
task forces and hometown security teams.
Sec. 603. (1) The department shall provide protection to this
state, its economy, welfare, and vital state-sponsored programs through the
prevention and suppression of organized smuggling of untaxed tobacco products
in this state, through enforcement of the tobacco products tax act, 1993 PA
327, MCL 205.421 to 205.436, and other laws pertaining to combating criminal
activity in this state, and by maintaining a tobacco tax enforcement unit.
(2) The department shall submit an annual report on December
1 to the subcommittees, the senate and house appropriations subcommittees on
general government, the senate and house fiscal agencies, and the state budget
office that details expenditures and activities related to tobacco tax
enforcement for the prior fiscal year.
(3) The tobacco tax enforcement unit shall dedicate a minimum
of 16,600 hours to tobacco tax enforcement.
Sec. 604. (1) The department shall provide fire investigation
training and investigative assistance to public safety agencies in this state.
(2) The department shall maintain the staffing and resources
necessary to maintain readiness to respond appropriately to at least the number
of requests for fire investigation services that occurred in fiscal year
2010-2011 and shall be available for call out statewide 100% of the time.
SPECIALIZED SERVICES
Sec. 701. (1) The department shall operate the Michigan
intelligence operation center for homeland security as this state’s primary
federally designated fusion center to receive, analyze, gather, and disseminate
threat-related information among federal, state, local, tribal, and private
sector partners.
(2) The department shall ensure public safety by providing
public and private sector partners with timely and accurate information
regarding critical information key resource threats as reported to or
discovered by the Michigan intelligence operations center for homeland security
and shall increase public awareness on how to report suspicious activity through
website or telephone communications.
(3) The department shall maintain the staffing and resources
necessary to support the cyber section, including the Michigan cyber command
center, the computer crimes unit, and the internet crimes against children task
force. The department shall maintain the staffing and resources necessary to
increase the number of cases completed by the computer crimes unit by 40% above
the number of cases completed in the 2014-2015 fiscal year. The unit shall
pursue process improvement initiatives to effectively utilize staff resources
in providing investigatory assistance and evidentiary analysis for law
enforcement and criminal justice agencies statewide. The department shall
maintain the staffing and resources necessary to increase the Michigan cyber
command center casework by 25% above the level of activity in the 2017-2018
fiscal year.
(4) The department shall maintain the staffing and resources
necessary to provide digital forensic analysis services with a goal of
decreasing backlogs of digital forensic analysis cases annually until the
department maintains a 60-day turnaround time.
Sec. 702. (1) The department shall provide specialized
services in support of, and to enhance, local, state, and federal law
enforcement operations within this state in accordance with all applicable
state and federal laws and regulations.
(2) The department shall maintain the staffing and resources
necessary to provide training to maintain readiness to respond appropriately to
at least the number of requests for specialty services which occurred in fiscal
year 2010-2011.
(3) The canine unit shall be available for call out statewide
100% of the time.
(4) The bomb squad unit shall be available for call out
statewide 100% of the time.
(5) The emergency support teams shall be available for call
out statewide 100% of the time.
(6) The marine services team shall be available for call out
statewide 100% of the time.
(7) Aviation services shall be available for call out
statewide 100% of the time, unless prohibited by weather or unexpected
mechanical breakdowns.
(8) The department shall maintain the staff and resources
necessary to provide security services at the State Capitol Complex facilities,
the State Secondary Complex, and other state-owned or leased properties, as
provided under section 6c of 1935 PA 59, MCL 28.6c. The department shall also
maintain the staff and resources necessary to respond to emergencies at the
State Capitol Complex, State Secondary Complex, House Office Building, Binsfeld
Office Building, Capitol parking lot, Townsend Parking Ramp, Roosevelt Parking
Ramp, and other areas as directed. The department shall maintain a goal of
annually conducting 35,000 property inspections of state owned and leased
facilities.
Sec. 703. (1) The department shall maintain commercial
vehicle regulation, school bus inspections, and enforcement activities,
including enforcement of requirements concerning size, weight, and load
restrictions; operating authority; registration; fuel taxes; transportation of
hazardous materials; operations of new entrants; commercial driver licenses;
and inspections pursuant to the federal motor carrier assistance program.
(2) The department shall maintain the staffing and resources
necessary to meet inspection goals consistent with the department’s federal
motor carrier assistance program activities.
(3) Revenue collected under the motor carrier act, 1933 PA
254, MCL 475.1 to 479.42, shall be expended in accordance with that act.
Unexpended and unencumbered revenues shall not lapse to the general fund but
shall be carried forward into the subsequent fiscal year.
Sec. 704. (1) The department shall coordinate the mitigation,
preparation, response, and recovery activities of municipal, county, state, and
federal governments, and other governmental entities, for all hazards,
disasters, and emergencies.
(2) The state director of emergency management may expend
money appropriated under part 1 to call upon any agency or department of the
state or any resource of the state to protect life or property or to provide
for the health or safety of the population in any area of this state in which
the governor proclaims a state of emergency or state of disaster under 1945 PA
302, MCL 10.31 to 10.33, or under the emergency management act, 1976 PA 390,
MCL 30.401 to 30.421. The state director of emergency management may expend the
amounts the director considers necessary to accomplish these purposes. The
director shall submit to the state budget director, as soon as possible, a
complete report of all actions taken under the authority of this section. The
report shall contain, as a separate item, a statement of all money expended
that is not reimbursable from federal funding. The state budget director shall
review the expenditures and submit recommendations to the legislature in regard
to any possible need for a supplemental appropriation.
(3) In addition to the funds appropriated in part 1, the
department may receive and expend money from local, private, federal, or state
sources for the purpose of providing emergency management training to local or
private interests and for the purpose of supporting emergency preparedness,
response, recovery, and mitigation activity. If additional expenditure
authorization in the statewide integrated governmental management application
(SIGMA) is approved by the state budget office under this section, the
department and the state budget office shall notify the subcommittees and the
senate and house fiscal agencies within 10 days after the approval. The notification
shall include the amount and source of the additional authorization, the date
of its approval, and the projected use of funds to be expended under the
authorization. The total amount of federal revenues that may be received and
expended under this section and section 230 must not exceed $45,000,000.00. The
total amount of state restricted revenues that may be received and expended
under this section and section 704(7) must not exceed $15,000,000.00.
(4) The department shall foster, promote, and maintain
partnerships to protect this state and homeland from all hazards.
(5) The department shall maintain the staffing and resources
necessary to do all of the following:
(a) Serve approximately 105 local emergency management
preparedness programs and 88 local emergency planning committees in this state.
(b) Operate and maintain the state’s emergency operations
center and provide command and control in support of emergency response
services.
(c) Maintain readiness, including training and equipment to
respond to civil disorders and natural disasters commensurate with the
capabilities of fiscal year 2010-2011.
(d) Perform hazardous materials response training.
(6) The department shall conduct a minimum of 3 training
sessions to enhance safe response in the event of natural or manmade incidents,
emergencies, or disasters.
(7) In addition to the funds appropriated in part 1, there is
appropriated from the disaster and emergency contingency fund an amount
necessary to cover costs related to any disaster or emergency as defined in the
emergency management act, 1976 PA 390, MCL 30.401 to 30.421. However, funds appropriated
under this section and state restricted funds received and expended under
section 704(3) must not exceed $15,000,000.00. Funds shall be expended as provided
under sections 18 and 19 of the emergency management act, 1976 PA 390, MCL
30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan Administrative Code.
(8) Funds in the disaster and emergency contingency fund
shall not be expended unless the state budget director approves the expenditure
and the department and the state budget office notify the senate and house
appropriations committees. If expenditures are made from the disaster and
emergency contingency fund during a month, the department shall submit monthly
reports to the senate and house fiscal agencies detailing the purpose of the
expenditures. These monthly reports shall be submitted within 30 days after the
end of the month during which funds from the disaster and emergency contingency
fund were expended.
(9) Upon the declaration of a state of emergency or disaster
by the governor under section 3 of the emergency management act, 1976 PA 390,
MCL 30.403, approval of the state budget director, and notification of the
subcommittees and senate and house fiscal agencies, the director may expend
funds appropriated from any source to any line item within part 1 for the
purpose of paying the necessary and reasonable expenses incurred by the
department in responding to or mitigating the effects of any emergency or
disaster as those terms are defined in section 2 of the emergency management
act, 1976 PA 390, MCL 30.402.
(10) The department shall track and report on a biannual
basis, as provided in section 222 of this part, the status of the department’s
assessment of critical infrastructure vulnerabilities, including the protection
status of critical infrastructure items identified by the assessment. The
department is not required to report any information that could compromise the
security of any critical infrastructure.
Sec. 705. The department shall provide for the planning,
administration, and implementation of highway traffic safety programs to save
lives and reduce injuries on roads in this state, in partnership with other
public and private organizations.
Sec. 706. (1) Funds appropriated in part 1 for the secondary
road patrol program shall be used to provide grants to sheriffs under the
secondary road patrol program described under section 76 of 1846 RS 14, MCL
51.76.
(2) Not later than April 30, 2021, the office of highway
safety planning shall work with the state court administrator, as necessary, to
issue a report to the department and the subcommittees on the following data
from the previous calendar year:
(a) The total number of traffic civil infractions written
under both state and local ordinances for which the $40.00 justice system assessment
is to be assessed.
(b) Of the total number reported under subdivision (a), the
number of traffic civil infractions written under both state and local ordinances
that the court assessed and ordered payment of the justice system assessment.
(c) Of the number reported under subdivision (b), the number
of traffic civil infractions for which the justice system assessment was
collected and distributed to the justice system fund created in section 181 of
the revised judicature act of 1961, 1961 PA 236, MCL 600.181.
(d) The number of citations, misdemeanors, and felonies
written under both state and local ordinances corresponding to a law of this
state for a violation of each of the following:
(i) Section 617a of the Michigan vehicle code, 1949 PA
300, MCL 257.617a.
(ii) Section 618 of the Michigan vehicle code, 1949 PA
300, MCL 257.618.
(iii) Section 625(1) of the Michigan vehicle code,
1949 PA 300, MCL 257.625.
(iv) Section 625(8) of the Michigan vehicle code, 1949
PA 300, MCL 257.625.
(v) Section 626 of the Michigan vehicle code, 1949 PA
300, MCL 257.626.
(vi) Section 676b of the Michigan vehicle code, 1949
PA 300, MCL 257.676b.
(vii) Section 904 of the Michigan vehicle code, 1949
PA 300, MCL 257.904.
(3) The sheriffs’ duties under the secondary road patrol
program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are to
patrol and monitor traffic violations; to enforce the criminal laws of this
state, violations of which are observed by or brought to the attention of the
sheriff’s department while patrolling and monitoring secondary roads; to
investigate accidents involving motor vehicles; and to provide emergency
assistance to persons on or near a highway or road the sheriff is patrolling
and monitoring.
ONE-TIME
APPROPRIATIONS
Sec. 801. (1) Funds appropriated in part 1 for the Michigan
joint task force on jail and pretrial incarceration must be used to support the
development and delivery of training for law enforcement, dispatch, and jail
officers in the areas of behavioral health and victim services, in accordance
with task force recommendations.
(2) The unexpended funds appropriated in part 1 for the
Michigan joint task force on jail and pretrial incarceration are designated as
work project appropriations and any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall be available for 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 support the development
and delivery of training for law enforcement, dispatch, and jail officers, in
accordance with task force recommendations.
(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 $4,200,000.00.
(d) The estimated completion date is September 30, 2025.
PART 2A
PROVISIONS CONCERNING ANTICIPATED
APPROPRIATIONS
FOR FISCAL YEAR 2021-2022
GENERAL SECTIONS
Sec. 1001. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2022 for the line
items listed in part 1. The fiscal year 2021-2022 appropriations are
anticipated to be the same as those for fiscal year 2020-2021, excluding
appropriations designated as one-time appropriations and adjusting for changes
in caseload and related costs, federal fund match rates, economic factors, and
available revenue. These adjustments will be determined after the January 2021
consensus revenue estimating conference.
ARTICLE 13
STATE TRANSPORTATION DEPARTMENT
part 1
line-item appropriations
Sec. 101. There is appropriated for the state transportation
department for the fiscal year ending September 30, 2021, from the following
funds:
|
DEPARTMENT OF TRANSPORTATION |
|
|
|
|||
|
APPROPRIATION
SUMMARY |
|
|
|
|||
|
Full-time equated unclassified positions |
6.0 |
|
|
|||
|
Full-time equated classified positions |
2,818.3 |
|
|
|||
|
GROSS
APPROPRIATION |
|
$ |
5,107,470,600 |
|||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
4,063,100 |
|||
|
ADJUSTED GROSS
APPROPRIATIONS |
|
|
5,103,407,500 |
|||
|
Federal revenues: |
|
|
|
|||
|
Total federal revenues |
|
|
1,424,196,100 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Total local revenues |
|
|
80,782,000 |
|||
|
Total private revenues |
|
|
900,000 |
|||
|
Total other state restricted revenues |
|
|
3,597,529,400 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 102.
DEBT SERVICE |
|
|
|
|||
|
Airport safety and protection plan |
|
$ |
3,432,000 |
|||
|
Blue Water Bridge fund |
|
|
6,810,900 |
|||
|
Comprehensive transportation |
|
|
10,903,900 |
|||
|
Economic development |
|
|
11,485,800 |
|||
|
Local bridge fund |
|
|
2,330,700 |
|||
|
State trunkline |
|
|
180,133,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
215,096,300 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
55,180,900 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Blue Water Bridge fund |
|
|
6,810,900 |
|||
|
Comprehensive transportation fund |
|
|
10,903,900 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Economic development fund |
|
|
11,485,800 |
|||
|
Local bridge fund |
|
|
2,330,700 |
|||
|
State aeronautics fund |
|
|
3,432,000 |
|||
|
State trunkline fund |
|
|
124,952,100 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 103.
COLLECTION, ENFORCEMENT, AND OTHER AGENCY SUPPORT SERVICES |
|
|
|
|||
|
CTF grant to civil service commission |
|
$ |
250,000 |
|||
|
CTF grant to department of attorney general |
|
|
107,800 |
|||
|
CTF grant to department of technology, management, and budget |
|
|
48,100 |
|||
|
CTF grant to department of treasury |
|
|
41,800 |
|||
|
CTF grant to legislative auditor general |
|
|
42,600 |
|||
|
MTF grant to department of environment, Great Lakes, and energy |
|
|
1,497,600 |
|||
|
MTF grant to department of state for collection of revenue and
fees |
|
|
20,000,000 |
|||
|
MTF grant to department of treasury |
|
|
3,025,400 |
|||
|
MTF grant to legislative auditor general |
|
|
345,000 |
|||
|
SAF grant to civil service commission |
|
|
150,000 |
|||
|
SAF grant to department of attorney general |
|
|
188,200 |
|||
|
SAF grant to department of technology, management, and budget |
|
|
37,500 |
|||
|
SAF grant to department of treasury |
|
|
81,600 |
|||
|
SAF grant to legislative auditor general |
|
|
33,300 |
|||
|
STF grant to civil service commission |
|
|
6,321,000 |
|||
|
STF grant to department of attorney general |
|
|
2,135,900 |
|||
|
STF grant to department of state police |
|
|
12,170,700 |
|||
|
STF grant to department of technology, management, and budget |
|
|
1,523,500 |
|||
|
STF grant to department of treasury |
|
|
148,300 |
|||
|
STF grant to legislative auditor general |
|
|
801,500 |
|||
|
GROSS
APPROPRIATION |
|
$ |
48,949,800 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Comprehensive transportation fund |
|
|
490,300 |
|||
|
Michigan transportation fund |
|
|
24,868,000 |
|||
|
State aeronautics fund |
|
|
490,600 |
|||
|
State trunkline fund |
|
|
23,100,900 |
|||
|
State general fund/general
purpose |
|
$ |
0 |
|||
|
Sec. 104.
DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
|||
|
Full-time equated unclassified positions |
6.0 |
|
|
|||
|
Full-time equated classified positions |
251.3 |
|
|
|||
|
Unclassified salaries—FTE positions |
6.0 |
$ |
828,600 |
|||
|
* positions in above line |
|
|
6 |
|||
|
Asset management council |
|
|
1,876,400 |
|||
|
Business support services—FTEs |
41.0 |
|
6,797,900 |
|||
|
Commission audit and support services—FTEs |
29.3 |
|
3,574,100 |
|||
|
Economic development and enhancement programs—FTEs |
10.0 |
|
1,734,400 |
|||
|
Finance, contracts, and support services—FTEs |
171.0 |
|
22,467,400 |
|||
|
Property management |
|
|
7,011,400 |
|||
|
Worker’s compensation |
|
|
1,608,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
45,898,200 |
|||
|
Appropriated from: |
|
|
|
|||
|
Interdepartmental grant revenues: |
|
|
|
|||
|
IDG for accounting service center user charges |
|
|
4,063,100 |
|||
|
|
|
|
|
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Comprehensive transportation fund |
|
|
1,541,700 |
|||
|
Economic development fund |
|
|
405,300 |
|||
|
Michigan transportation fund |
|
|
4,394,500 |
|||
|
State aeronautics fund |
|
|
775,900 |
|||
|
State trunkline fund |
|
|
34,717,700 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 105.
INFORMATION TECHNOLOGY |
|
|
|
|||
|
Information technology services and projects |
|
$ |
39,623,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
39,623,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
520,500 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Blue Water Bridge fund |
|
|
57,100 |
|||
|
Comprehensive transportation fund |
|
|
232,300 |
|||
|
Economic development fund |
|
|
38,400 |
|||
|
Michigan transportation fund |
|
|
303,600 |
|||
|
State aeronautics fund |
|
|
181,200 |
|||
|
State trunkline fund |
|
|
38,289,900 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 106.
TRANSPORTATION PLANNING |
|
|
|
|||
|
Full-time equated classified positions |
136.0 |
|
|
|||
|
Planning services—FTEs |
136.0 |
$ |
41,766,500 |
|||
|
Grants to regional planning councils |
|
|
488,800 |
|||
|
GROSS
APPROPRIATION |
|
$ |
42,255,300 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
24,000,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Comprehensive transportation fund |
|
|
622,600 |
|||
|
Michigan transportation fund |
|
|
9,859,900 |
|||
|
State aeronautics fund |
|
|
15,800 |
|||
|
State trunkline fund |
|
|
7,757,000 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 107.
DESIGN AND ENGINEERING SERVICES |
|
|
|
|||
|
Full-time equated classified positions |
1,508.3 |
|
|
|||
|
Program development and delivery—FTEs |
1,031.3 |
$ |
102,492,900 |
|||
|
System operations management—FTEs |
357.0 |
|
57,666,100 |
|||
|
Business services—FTEs |
120.0 |
|
18,182,300 |
|||
|
GROSS
APPROPRIATION |
|
$ |
178,341,300 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
23,529,800 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Comprehensive transportation fund |
|
|
187,100 |
|||
|
Michigan transportation fund |
|
|
15,656,100 |
|||
|
State aeronautics fund |
|
|
160,300 |
|||
|
State trunkline fund |
|
|
138,808,000 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Sec. 108.
HIGHWAY MAINTENANCE |
|
|
|
|||
|
Full-time equated classified positions |
760.7 |
|
|
|||
|
State trunkline operations—FTEs |
760.7 |
$ |
415,521,900 |
|||
|
GROSS APPROPRIATION |
|
$ |
415,521,900 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
State trunkline fund |
|
|
415,521,900 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 109.
ROAD AND BRIDGE PROGRAM |
|
|
|
|||
|
Cities and villages |
|
$ |
633,771,000 |
|||
|
County road commissions |
|
|
1,136,717,600 |
|||
|
Grants to local programs |
|
|
33,000,000 |
|||
|
Local agency wetland mitigation bank fund |
|
|
2,000,000 |
|||
|
Local bridge program |
|
|
27,000,100 |
|||
|
Local federal aid and road and bridge construction |
|
|
290,587,800 |
|||
|
Movable bridge |
|
|
5,444,100 |
|||
|
Rail grade crossing |
|
|
3,000,000 |
|||
|
Rail grade crossing - surface improvements |
|
|
3,000,000 |
|||
|
State trunkline federal aid and road and bridge construction |
|
|
1,327,133,800 |
|||
|
GROSS
APPROPRIATION |
|
$ |
3,461,654,400 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
1,112,914,900 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Local funds |
|
|
30,003,500 |
|||
|
Blue Water Bridge fund |
|
|
7,179,100 |
|||
|
Local bridge fund |
|
|
27,000,100 |
|||
|
Michigan transportation fund |
|
|
1,816,932,700 |
|||
|
State trunkline fund |
|
|
467,624,100 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 110.
BLUE WATER BRIDGE |
|
|
|
|||
|
Full-time equated classified positions |
41.0 |
|
|
|||
|
Blue Water Bridge operations—FTEs |
41.0 |
$ |
6,743,700 |
|||
|
GROSS
APPROPRIATION |
|
$ |
6,743,700 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Blue Water Bridge fund |
|
|
6,743,700 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 111.
TRANSPORTATION ECONOMIC DEVELOPMENT |
|
|
|
|||
|
Community service infrastructure fund |
|
$ |
3,000,000 |
|||
|
Forest roads |
|
|
5,000,000 |
|||
|
Rural county primary |
|
|
7,698,600 |
|||
|
Rural county urban system |
|
|
2,500,000 |
|||
|
Target industries/economic redevelopment |
|
|
2,897,300 |
|||
|
Urban county congestion |
|
|
7,698,600 |
|||
|
GROSS
APPROPRIATION |
|
$ |
28,794,500 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
Economic development fund |
|
|
28,794,500 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 112.
AERONAUTICS SERVICES |
|
|
|
|||
|
Full-time equated classified positions |
46.0 |
|
|
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Air fleet operations and maintenance—FTEs |
8.0 |
$ |
1,774,500 |
|||
|
Air service program |
|
|
50,000 |
|||
|
Aviation services—FTEs |
38.0 |
|
4,925,500 |
|||
|
GROSS
APPROPRIATION |
|
$ |
6,750,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Special revenue funds: |
|
|
|
|||
|
State aeronautics fund |
|
|
6,750,000 |
|||
|
State general fund/general
purpose |
|
$ |
0 |
|||
|
Sec. 113.
PUBLIC TRANSPORTATION SERVICES |
|
|
|
|||
|
Full-time equated classified positions |
36.0 |
|
|
|||
|
Passenger transportation services—FTEs |
36.0 |
$ |
6,067,900 |
|||
|
GROSS
APPROPRIATION |
|
$ |
6,067,900 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
972,100 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Comprehensive transportation fund |
|
|
5,095,800 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 114.
LOCAL BUS TRANSIT |
|
|
|
|||
|
Local bus operating |
|
$ |
193,750,000 |
|||
|
Nonurban operating/capital |
|
|
30,027,900 |
|||
|
GROSS
APPROPRIATION |
|
$ |
223,777,900 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
28,027,900 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Local funds |
|
|
2,000,000 |
|||
|
Comprehensive transportation fund |
|
|
193,750,000 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 115.
INTERCITY PASSENGER AND FREIGHT |
|
|
|
|||
|
Full-time equated classified positions |
39.0 |
|
|
|||
|
Detroit/Wayne County Port Authority |
|
$ |
400,000 |
|||
|
Freight property management |
|
|
1,000,000 |
|||
|
Intercity services |
|
|
7,260,000 |
|||
|
Marine passenger service |
|
|
928,000 |
|||
|
Office of rail—FTEs |
39.0 |
|
6,779,700 |
|||
|
Rail operations and infrastructure |
|
|
98,738,000 |
|||
|
GROSS
APPROPRIATION |
|
$ |
115,105,700 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
24,500,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Local funds |
|
|
760,000 |
|||
|
Private funds |
|
|
900,000 |
|||
|
Total private revenues |
|
|
900,000 |
|||
|
Comprehensive transportation fund |
|
|
79,449,500 |
|||
|
Intercity bus equipment fund |
|
|
600,000 |
|||
|
Michigan transportation fund |
|
|
2,124,300 |
|||
|
Rail freight fund |
|
|
6,000,000 |
|||
|
State trunkline fund |
|
|
771,900 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
|
Sec. 116.
PUBLIC TRANSPORTATION DEVELOPMENT |
|
|
|
|||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
|||
|
Municipal credit program |
|
$ |
2,000,000 |
|||
|
Service initiatives |
|
|
8,475,100 |
|||
|
Specialized services |
|
|
18,438,900 |
|||
|
Transit capital - Urban |
|
|
56,220,700 |
|||
|
Transit capital - Nonurban |
|
|
52,850,000 |
|||
|
Transportation to work |
|
|
3,875,000 |
|||
|
Van pooling |
|
|
150,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
142,009,700 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
48,550,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Local funds |
|
|
35,510,000 |
|||
|
Comprehensive transportation fund |
|
|
57,949,700 |
|||
|
State general fund/general
purpose |
|
$ |
0 |
|||
|
Sec. 117.
CAPITAL OUTLAY |
|
|
|
|||
|
Salt storage buildings and containment control |
|
$ |
2,500,000 |
|||
|
Special maintenance, remodeling, and additions |
|
|
3,001,500 |
|||
|
Airport safety, protection, and improvement program |
|
$ |
121,076,500 |
|||
|
Detroit Metropolitan Wayne County Airport |
|
|
4,303,000 |
|||
|
GROSS APPROPRIATION |
|
$ |
130,881,000 |
|||
|
Appropriated from: |
|
|
|
|||
|
Federal revenues: |
|
|
|
|||
|
Federal aid – transportation programs |
|
|
106,000,000 |
|||
|
Special revenue funds: |
|
|
|
|||
|
Local funds |
|
|
12,508,500 |
|||
|
Qualified airport fund |
|
|
4,303,000 |
|||
|
State aeronautics fund |
|
|
2,568,000 |
|||
|
State trunkline fund |
|
|
5,501,500 |
|||
|
State general
fund/general purpose |
|
$ |
0 |
|||
part 2
provisions concerning appropriations
for fiscal year 2020-2021
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under part 1 for
fiscal year 2020-2021 is $3,597,529,400.00 and state spending from state
sources to be paid to local units of government for fiscal year 2020-2021 is
$2,125,342,100.00. The itemized statement below identifies appropriations from
which spending to local units of government will occur:
|
STATE
TRANSPORTATION DEPARTMENT |
|
|
|
||
|
Grants to regional planning councils |
|
$ |
488,800 |
||
|
Cities and villages |
|
|
633,771,000 |
||
|
County road commissions |
|
|
1,136,717,600 |
||
|
Grants to local programs |
|
|
33,000,000 |
||
|
Local bridge program |
|
|
27,000,100 |
||
|
Local agency wetland mitigation |
|
|
2,000,000 |
||
|
Movable bridge |
|
|
2,668,700 |
||
|
Rail grade crossing |
|
|
1,500,000 |
||
|
Rail grade surface crossing improvements |
|
|
3,000,000 |
||
|
Transportation economic development |
|
|
25,897,200 |
||
|
Air service program |
|
|
50,000 |
||
|
Local bus operating |
|
|
193,750,000 |
||
|
Detroit/Wayne County Port Authority |
|
|
400,000 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Marine passenger service |
|
|
428,000 |
||
|
Municipal credit program |
|
|
2,000,000 |
||
|
Service initiatives |
|
|
6,500,100 |
||
|
Specialized services |
|
|
4,353,900 |
||
|
Transit capital |
|
|
41,070,700 |
||
|
Transportation to work |
|
|
3,875,000 |
||
|
Airport safety, protection, and improvement program |
|
|
2,568,000 |
||
|
Detroit Metropolitan Wayne County Airport |
|
|
4,303,000 |
||
|
Total payments to
local units of government |
|
$ |
2,125,342,100 |
Sec. 202. The
appropriations authorized under this part and part 1 are subject to the
management and budget act, 1984 PA 431,
Sec. 203. As used in this part and part 1:
(a) “CTF” means comprehensive transportation fund.
(b) “Department” means the state transportation department.
(c) “Director” means the director of the department.
(d) “DOT” means the United States Department of
Transportation.
(e) “DOT-FHWA” means DOT, Federal Highway Administration.
(f) “FTE” means full-time equated.
(g) “IDG” means interdepartmental grant.
(h) “MTF” means Michigan transportation fund.
(i) “SAF” means state aeronautics fund.
(j) “STF” means state trunkline fund.
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 shall include
transmission of reports via electronic mail to the recipients identified for
each reporting requirement, and it shall include placement of reports on an
internet site.
Sec. 205. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if competitively priced and
of comparable quality American goods or services, or both, are available.
Preference shall be given to goods or services, or both, manufactured or
provided by Michigan businesses, if they are competitively priced and of
comparable quality. In addition, preference shall be given to goods or services,
or both, that are manufactured or provided by Michigan businesses owned and
operated by veterans, if they are competitively priced and of comparable
quality.
Sec. 206. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for and perform
contracts to provide services or supplies, or both. Each director shall
strongly encourage firms with which the department contracts to subcontract
with certified businesses in depressed and deprived communities for services,
supplies, or both.
Sec. 207. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state travel expenses
not later than January 1 of each year. The travel report shall be a listing of
all travel by classified and unclassified employees outside this state in the
immediately preceding fiscal year that was funded in whole or in part with
funds appropriated in the department’s budget. The report shall be submitted to
the senate and house appropriations committees, the house and senate fiscal
agencies, and the state budget director. The report shall include the following
information:
(a) The dates of each travel occurrence.
(b) The transportation and related costs of each travel
occurrence, including the proportion funded with state general fund/general
purpose revenues, the proportion funded with state restricted revenues, the
proportion funded with federal revenues, and the proportion funded with other
revenues.
Sec. 208. Funds appropriated in part 1 shall not be used by a principal executive department, state
agency, or authority to hire a
person to provide legal services that are the responsibility of the attorney general. This
prohibition does not apply to legal services for bonding activities and for
those activities that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of the total
general fund/general purpose appropriation lapses at the close of the prior
fiscal year. This report shall summarize the projected year-end general
fund/general purpose appropriation lapses by major departmental program or
program areas. The report shall be transmitted to the chairpersons of the
senate and house of representatives standing committees on appropriations and
the senate and house fiscal agencies.
Sec. 210. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $40,000,000.00 for federal
contingency funds. These funds are not available for expenditure until they
have been transferred to another line item in part 1 pursuant to section 393(2)
of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for state restricted contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in part 1 pursuant to section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for local contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 pursuant to section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $1,000,000.00 for private contingency funds.
These funds are not available for expenditure until they have been transferred
to another line item in part 1 pursuant to section 393(2) of the management and
budget act, 1984 PA 431, MCL 18.1393.
Sec. 211. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable website accessible
by the public at no cost that includes, but is not limited to, all of the
following:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and payment
description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the state budget
office to provide the senate and house appropriations chairs, the chairpersons
of the senate and house appropriations subcommittees on transportation, and the
senate and house fiscal agencies with an annual report on estimated state
restricted fund balances, state restricted fund projected revenues, and state
restricted fund expenditures for the fiscal years ending September 30, 2020 and
September 30, 2021.
Sec. 213. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks, and
regularly updates key metrics that are used to monitor and improve the department’s
performance.
Sec. 214. Total authorized appropriations from all sources under
part 1 for legacy costs for the fiscal year ending September 30, 2021 are
$73,945,200.00. From this amount, total agency appropriations for
pension-related legacy costs are estimated at $35,479,800.00. Total agency
appropriations for retiree health care legacy costs are estimated at
$38,465,400.00.
Sec. 215. A department shall not take disciplinary action
against an employee of the department or departmental agency in the state
classified civil service because the employee communicates with a member of the
senate or house of representatives or a member’s staff, unless the
communication is prohibited by law and the department or agency taking
disciplinary action is exercising its authority as provided by law.
Sec. 216. (1) On a quarterly basis, the department shall
report to the senate and house appropriations committees, the senate and house
appropriations subcommittees on the department budget, and the senate and house
fiscal agencies the following information:
(a) The number of FTEs in pay status by type of staff and
civil service classification.
(b) A comparison by line item of the number of FTEs
authorized from funds appropriated in part 1 to the actual number of FTEs
employed by the department at the end of the reporting period.
(2) By April 1 of the current fiscal year and semiannually
thereafter, the department shall report to the senate and house appropriations
committees, the senate and house appropriations subcommittees on the department
budget, and the senate and house fiscal agencies the following information:
(a) Number of employees that were engaged in remote work in
2020.
(b) Number of employees authorized to work remotely and the
actual number of those working remotely in the current reporting period.
(c) Estimated net cost savings achieved by remote work.
(d) Reduced
use of office space associated with remote work.
Sec. 217.
Appropriations in part 1 shall, to the extent possible by the department, not
be expended until all existing work project authorization available for the
same purposes is exhausted.
Sec. 218. If
the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3,
transfers funds from an amount appropriated under this article, the legislature
may, by a concurrent resolution adopted by a majority of the members elected to
and serving in each house, intertransfer funds within this article for the
particular department, board, commission, officer, or institution.
Sec. 219. The
departments and agencies receiving appropriations in part 1 shall receive and
retain copies of all reports funded from appropriations in part 1. Federal and
state guidelines for short-term and long-term retention of records shall be
followed. The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 220. The
department shall report no later than April 1 on each specific policy change
made to implement a public act affecting the department that took effect during
the prior calendar year to the senate and house appropriations committees, the
senate and house subcommittees on transportation, the joint committee on
administrative rules, and the senate and house fiscal agencies.
Sec. 221. To
the extent possible, the department shall provide notice to the speaker of the
house, the house minority leader, the senate majority leader, the senate
minority leader, the house and senate standing committees on transportation,
the appropriate house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on proposed federal
rule changes related to the department that would require amendments to the
laws of this state. The notice shall be given within 30 business days of the
proposed federal rule being posted to the Federal Register and shall include a
description of the proposed federal rule, the publication date, the date when
public comment closes, the document citation, and a description of the statutory
changes needed when the rule is finalized.
Sec. 270. In
order to reduce costs and maintain quality, it is the intent of the legislature
that, excluding the fleet of motor vehicles for the department of state police,
the department will prioritize the utilization of remanufactured parts as the
primary means of maintenance and repair for the state of Michigan’s fleet of
motor vehicles.
DEPARTMENT ADMINISTRATION AND
SUPPORT
Sec. 301. (1)
The department may establish a fee schedule and collect fees sufficient to
cover the costs to issue the permits that the department is authorized by law
to issue upon request, unless otherwise stipulated by law. All permit fees are
nonrefundable application fees and shall be credited to the appropriate fund to
recover the direct and indirect costs of receiving, reviewing, and processing
the requests.
(2) A bridge
authority shall hold 3 public hearings on an increase in any toll charged by
the authority at least 30 days before the toll change will become effective.
Two of the hearings shall be held within 10 miles of the bridge over which the
bridge authority has jurisdiction. One hearing shall be held in Lansing. Public
hearings held under this section shall be conducted in accordance with the open
meetings act, 1976 PA 267,
Sec. 304. If,
as a requirement of bidding on a highway project, the department requires a
contractor to submit financial or proprietary documentation as to how the bid
was calculated, that bid documentation shall be kept confidential and shall not
be disclosed other than to a department representative without the contractor’s
written consent. The department may disclose the bid documentation if necessary
to address or defend a claim by a contractor.
Sec. 305. (1)
The department may permit space on public passenger transportation properties
to be occupied by public or private tenants on a competitive market rate basis.
The department shall require that revenue from the tenants be placed in an
account to be used to pay the costs to maintain and improve the property.
(2) The
department shall charge all public transit agencies and all intercity bus
carriers equal rates per square foot, at fair market rates, for leasing space
in state-owned intermodal facilities.
Sec. 306. (1)
The amounts appropriated in part 1 to support tax and fee collection, law
enforcement, and other program services provided to the department and to
transportation funds by other state departments shall be expended from
transportation funds pursuant to annual contracts between the department and
those other state departments. The contracts shall be executed prior to the
expenditure or obligation of those funds. The contracts shall provide, but are
not limited to, the following data applicable to each state department:
(a) Estimated
costs to be recovered from transportation funds.
(b)
Description of services provided to the department and/or transportation funds
and financed with transportation funds.
(c) Detailed cost allocation methods appropriate to the type
of services being provided and the activities financed with transportation
funds.
(2) Not later than 2 months after publication of the state of
Michigan comprehensive annual financial report, each state department receiving
funding pursuant to an interdepartment contract with the department shall
submit a written report to the department, the state budget director, the house
and senate fiscal agencies, and the auditor general stating by spending
authorization account the amount of estimated funds contracted with the
department, the amount of funds expended, the amount of funds returned to the
transportation funds, and any unreimbursed transportation-related costs
incurred but not billed to transportation funds. A copy of the report shall be
submitted to the auditor general, and the report shall be subject to audit.
(3) The auditor general shall use a risk-based approach in
developing an audit program for the use of transportation funds.
Sec. 307. Before March 1 of each year, the department will
provide to the legislature, the state budget director, and the house and senate
fiscal agencies its rolling 5-year plan listing by county or by county road
commission all highway construction projects for the fiscal year and all
expected projects for the ensuing fiscal years.
Sec. 308. By January 15, 2021, the department must provide a
report to the legislature that includes all of the following:
(a) A list of all real estate owned or held by the
department.
(b) The current market value of any real estate owned or held
by the department.
(c) The amount paid for any real estate owned or held by the
department.
(d) A list of any real estate sold by the department during
the prior fiscal year, along with the amount of the sale and the names of the
purchasers of the real estate.
Sec. 309. No later than 90 days before the close of the
fiscal year, the department shall compile and issue a report to the legislature
regarding the use of employee accountability systems, including electronic
monitoring of FTEs, contractors, part-time workers, and vendors. The report
must include, but is not limited to, all of the following:
(a) The number of individuals being monitored during the
fiscal year.
(b) The standards used to assess individual performance.
(c) Any general findings from the accountability systems.
(d) Any specific findings from the accountability systems.
(e) A list of any corrective measures taken as a result of
any findings from the accountability systems.
(f) The standards by which the department applied personnel
corrective measures.
(g) A good-faith estimate of the dollar value of the losses
to the state as tracked by the accountability systems.
Sec. 310. The department shall provide in a timely manner
copies of the agenda, approved minutes, and audio recording of monthly
transportation commission meetings to the members of the house and senate
appropriations subcommittees on transportation, the house and senate fiscal
agencies, and the state budget director.
Sec. 313. (1) From funds appropriated in part 1, the
department may increase a state infrastructure bank program and grant or loan
funds in accordance with regulations of the state infrastructure bank program
of the United States Department of Transportation. The state infrastructure
bank is to be administered by the department for the purpose of providing a
revolving, self-sustaining resource for financing transportation infrastructure
projects.
(2) In addition to funds provided in subsection (1), money
received by the state as federal grants, repayment of state infrastructure bank
loans, or other reimbursement or revenue received by the state as a result of
projects funded by the program and interest earned on that money shall be
deposited in the revolving state infrastructure bank fund and shall be available
for transportation infrastructure projects. At the close of the fiscal year,
any unencumbered funds remaining in the state infrastructure bank fund shall
remain in the fund and be carried forward into the succeeding fiscal year. The
department must obtain approval of both the house of representatives and the
senate prior to increasing a state infrastructure bank program.
(3) The department shall submit a report to the state budget
director, the house and senate appropriations subcommittees on transportation,
and the house and senate fiscal agencies on the status of the state
infrastructure bank. The report shall be submitted on or before December 1,
2020. The report shall include all of the following:
(a) The balance in the state infrastructure bank at September
30, 2020, including a breakdown of the balance by cash and cash equivalents,
outstanding loans, and balance available for loan to local agencies.
(b) A breakdown of the state infrastructure loan balance by
amounts designated as originating from federal sources and the amounts
originating from nonfederal sources.
(c) A list of outstanding loans by agency, original loan
amount, project description, loan term, and amount outstanding.
Sec. 319. The department shall post signs at each rest area
to identify the agency or contractor responsible for maintenance of the rest
area. The signs shall include a department telephone number and shall indicate
that unsafe or unclean conditions at the rest area may be reported to that
telephone number.
Sec. 328. From the funds appropriated in part 1, section 104,
the department shall do the following:
(a) Not later than 90 days before the close of the fiscal
year, the department shall issue a report to each house of the legislature
regarding freedom of information act compliance by the department that includes
all of the following:
(i) The estimated cost and number of staff hours spent
by the department to comply with the freedom of information act during the
reporting period.
(ii) The estimated number of freedom of information
act requests to the department, listed by subject area, during the reporting
period.
(iii) A copy of each freedom of information act
request to the department during the reporting period.
(iv) A copy of each freedom of information act
response by the department to the requester during the reporting period.
(v) Any documents relating to an appeal or contested
case involving a freedom of information act request to the department during
the reporting period.
(b) The department shall submit the report described in
subdivision (a) in electronic format.
Sec. 353. (1) The department shall review its contractor
payment process and ensure that all prime contractors are paid promptly. The
department shall ensure that prime contractors are in compliance with special
provision 109.10 regarding the prompt payment of subcontractors.
(2) The department shall report to the house and senate
appropriations subcommittees on transportation and the house and senate fiscal
agencies, by April 10 of each year, on its compliance with this section. The
report shall include each instance of late payment of contractors and
subcontractors, the amounts due each contractor and subcontractor, and copies
of those documents.
Sec. 357. When presented with complete local federal aid project
submittals, the department shall complete all necessary reviews and inspections
required to let local federal aid projects within 120 days of receipt. The
department shall implement a system for monitoring the local federal aid
project review process.
Sec. 375. The department is prohibited from reimbursing
contractors or consultants for costs associated with groundbreaking ceremonies,
receptions, open houses, or press conferences related to transportation
projects funded, in whole or in part, by revenue appropriated in part 1.
Sec. 376. The department shall not spend funds appropriated
in part 1 for the purpose of examining the potential association between
commercial signs, outdoor advertising signs, billboards, digital billboards, or
commercial electronic variable message signs and motor vehicle activity or
motor vehicle driver behavior.
Sec. 377. No funds from the appropriation in part 1 may be
expended for any contractual service contract with a value in excess of
$100,000.00 with any vendor in which a former department director has direct
input into the solicitation response or contract negotiation process, or will
be compensated for any work performed on the contract within 24 months of that
former director’s last employment with the department. This section may be
waived by resolution of the Michigan house of representatives and senate.
Sec. 378. Within 120 days after this act becomes effective,
the department will produce a report related to international hazardous
materials routing. The report shall include the primary and alternate routes to
be used during transport, discuss why these are the preferred routes in terms of
avoiding residential areas, peak traffic hours, hazardous road conditions,
including maps of the vicinities near public crossings that clearly identify
emergency response and enforcement resources, and repair facilities along the
route. Features of the proposed route that require attention include the
location of enforcement and emergency response resources and jurisdictions,
potential road and traffic hazards, and population centers.
Sec. 381. The department shall require as a condition of each
contract or subcontract for construction, maintenance, or engineering services
that the prequalified contractor or prequalified subcontractor agree to use the
E-Verify system to verify that all persons hired during the contract term by
the contractor or subcontractor are legally present and authorized to work in
the United States. The department may verify this information directly or may
require contractors and subcontractors to verify the information and submit a
certification to the department. The department shall report to the house and
senate appropriations committees and the house and senate fiscal agencies by
March 1 of each year describing the processes it has developed and implemented
under provisions of this section. As used in this section, “E-Verify” means an
internet-based system operated by the Department of Homeland Security, U.S.
Citizenship and Immigration Services in partnership with the Social Security
Administration.
Sec. 382. In administering a contract with a county road
commission, city, or village that allocates costs of construction or
reconstruction of highways, roads, and streets as provided in section 18d of
1951 PA 51, MCL 247.668d, the department shall submit the final cost-sharing
bill to the county road commission, city, or village not later than 2 years
after the date of the final contract payment to the construction contractor.
Sec. 383. (1) The department shall prepare a report on use of
department-owned aircraft during the fiscal year ending September 30, 2020.
With respect to each department-owned aircraft, the report shall include all of
the following:
(a) Total hours of usage.
(b) Description of specific flights including dates of
travel, names of passengers including state agency, university, or local
government affiliation, travel origin and destination, and total estimated
costs associated with the air travel.
(2) The report shall be submitted to the senate and house
appropriations subcommittees on transportation, state budget director, and the
house and senate fiscal agencies no later than February 1, 2021.
(3) The department shall maintain a system for recovering the
cost of operating department-owned aircraft through charges to aircraft users.
(4) From the funds appropriated in part 1, the department is
prohibited from transporting legislators or legislative staff on state-owned
aircraft without prior approval from the senate majority leader or the speaker
of the house of representatives and only when the aircraft is already scheduled
by state agencies on related official state business.
Sec. 384. (1) Except as otherwise provided in subsection (2),
the department shall not obligate the state to expend any state transportation
revenue for construction planning or construction of the Gordie Howe
International Crossing or a renamed successor. In addition, except as provided
in subsection (2), the department shall not commit the state to any new
contract related to the construction planning or construction of the Gordie
Howe International Crossing or a renamed successor that would obligate the
state to expend any state transportation revenue. An expenditure for staff
resources used in connection with project activities, which expenditure is
subject to full and prompt reimbursement from Canada, shall not be considered
an expenditure of state transportation revenue.
(2) If the legislature enacts specific enabling legislation
for the construction of the Gordie Howe International Crossing or a renamed
successor, subsection (1) does not apply once the enabling legislation goes
into effect.
Sec. 385. (1) The department shall submit monthly reports to
the state budget director, the speaker of the house of representatives, the
house of representatives minority leader, the senate majority leader, the
senate minority leader, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies on all of the
following:
(a) All expenditures made by the state related to the Gordie
Howe Bridge.
(b) All reimbursements made by Canada under section 384(1) of
this part to the state for expenditures for staff resources used in connection
with project activities.
(c) All eminent domain and condemnation powers used, the
related real estate involved in any governmental taking, the price paid for
those properties, and the beneficiary’s name or associated corporation.
(2) The initial report required under subsection (1) shall be
submitted on or before December 1, 2020. The initial report shall cover the
fiscal year ending September 30, 2020.
Sec. 386. (1) On or before May 1 of each year, the department
shall submit a report to the state budget director, the house and senate
appropriations subcommittees on transportation, and the house and senate fiscal
agencies on its toll credit program. The report shall include the following
information:
(a) The amount of toll credits earned and certified by the
DOT-FHWA in the prior fiscal year.
(b) The value of toll credits used by programs and projects
in the previous fiscal year.
(c) The balance of available toll credits at the end of the
prior fiscal year.
(d) A discussion of the department’s strategy for using toll
credits.
(2) The department shall use toll credits to match grants
from federal funds in the following order of priority:
(a) Bridge construction and preservation projects.
(b) Local road agency projects.
(c) State trunkline road projects.
(d) Rail infrastructure projects.
(e) Transit capital grants.
(f) Aeronautics capital grants.
(g) Any other eligible projects.
(h) Bike
paths.
Sec. 387. (1)
Within 60 days of completion of any formal traffic study, formal traffic
control study, or formal traffic mitigation study, the department shall post
the results of the study on the department’s website.
(2) As used in
this section, the terms “traffic study”, “traffic control study”, and “traffic
mitigation study” include, but are not limited to, investigations into the need
for traffic lights, reviews of traffic speeds and related recommendations
regarding speed limits, and ways to improve traffic flow during peak travel
times.
Sec. 389.
Within 30 days of entering into a long-term agreement with a private
contractor, a public agency, or a partnership between 1 or more private
contractors or public agencies, the department shall notify the state budget
director, the house and senate appropriations subcommittees on transportation,
and the house and senate fiscal agencies of the agreement, including the
subject of the agreement, the term of the agreement, and financial obligations
under the agreement. As used in this section, “long-term agreement” means an
agreement that obligates the department for a period of 5 years or more and
that actually or contingently obligates the department to make payments over
the contract period of $5,000,000.00 or more.
Sec. 390. (1)
Within 14 days after the release of the executive budget recommendation, the
department shall report on prior fiscal year revenues, expenditures, and ending
balances, including a description of obligations or restrictions in ending
balances, for the following funds and accounts:
(a) The
moveable bridge fund.
(b) The rail
grade crossing account.
(c) The
transportation economic development fund.
(d) The roads
and risks reserve fund.
(e) Any
unencumbered general fund revenue.
(f) Any
unexpended federal earmarks.
(2) The
department shall transmit the reports required under this section to the state
budget director, the house and senate appropriations subcommittees on
transportation, and the house and senate fiscal agencies.
Sec. 391. The
department shall not use any funds from the appropriations in part 1 to perform,
or to assist any other state department in performing, inspections or testing
of motor fuel quality.
Sec. 393. (1)
The department shall promote best practices for public transportation services
in this state, including, but not limited to, all the following:
(a) Transit
vehicle rehabilitation to reduce life-cycle cost of public transportation
through midlife rehabilitation of transit buses.
(b)
Cooperation between entities using transit, including school districts, cities,
townships, and counties with a view to promoting cost savings through joint
purchasing of fuel and other procurements.
(c) Coordination
of transportation dollars among state departments which provide transit-related
services, including the department of health and human services. Priority
should be given to use of public transportation services where available.
(d) Promotion
of intelligent transportation services for buses that incorporate computer and
navigation technology to make transit systems more efficient, including
stoplight coordinating, vehicle tracking, data tracking, and computerized
scheduling.
Sec. 394. The
department and local road agencies shall make the preservation of their
existing road networks a funding priority.
Sec. 395. From
the funds appropriated in part 1 for state trunkline federal aid road and
bridge construction, the department may expend up to $10,000,000.00 on highway
maintenance activities to support safety-related, high-priority, and other
deferred routine maintenance needs on Michigan’s state trunkline network.
Sec. 398. The
department shall continue to work to eliminate fatalities and serious injuries
on Michigan’s trunkline network and shall maintain the Toward Zero Deaths
statewide safety campaign. The department shall prioritize additional median
cable guardrail installation when appropriate to address trunkline locations
with a history of correctable fatal and serious injury crashes.
Sec. 399. From
the funds appropriated for state trunkline federal aid and road and bridge
construction, not less than 10% shall be spent on capital preventative
maintenance of state trunkline, as defined in section 10c of 1951 PA 51, MCL
247.660c.
FEDERAL
Sec. 402. A
portion of the federal DOT-FHWA highway research, planning, and construction
funds made available to this state shall be allocated to transportation
programs administered by local jurisdictions in accordance with section 10o of
1951 PA 51,
MICHIGAN
TRANSPORTATION FUND
Sec. 501. The money received under the motor carrier act,
1933 PA 254,
Sec. 503. (1) At the close of the fiscal year, funds
appropriated in part 1 for the transportation economic development program
shall lapse to the transportation economic development fund.
(2) At the close of the fiscal year, funds appropriated in
part 1 for the local bridge program shall carry forward and are appropriated
for the purposes defined in section 10(5) of 1951 PA 51, MCL 247.660.
(3) Interest earned in the department of transportation
economic development fund and local bridge fund shall remain in the respective
funds and shall be allocated to the respective programs based on actual interest
earned at the end of each fiscal year.
(4) In addition to the funds appropriated in part 1, the
department of transportation economic development fund and local bridge fund
may receive federal, local, or private funds or restricted source funds such as
interest earnings. These funds are appropriated for projects that are
consistent with the purposes of the respective funds.
(5) None of the funds statutorily dedicated to the
transportation economic development fund and local bridge fund shall be diverted
to other projects.
Sec. 504. Funds from the Michigan transportation fund shall
be distributed to the comprehensive transportation fund, the economic
development fund, the recreation improvement fund, and the state trunkline
fund, in accordance with this part and part 1 and part 711 of the natural
resources and environmental protection act, 1994 PA 451,
Sec. 505. The department shall regularly assess the need and
viability to host meetings open to all local units of government, including
county, city, and village officials in the state of Michigan to provide
information on the availability of state and federal grant and loan programs
and opportunities for local road and bridge repair and reconstruction projects.
The meetings may be conducted online or in person and when possible should be
conducted in partnership with outside associations and other state agencies.
STATE TRUNKLINE FUND
Sec. 601. The department shall maintain documentation to
support initial acceptance of warrantied projects, interim and final
inspections, and notifications to contractors that the warranty period had
expired. The department also shall review and evaluate consultant evaluation
requirements or recommendations and update existing policies and procedures
accordingly.
Sec. 604. At the close of the fiscal year, any unencumbered
and unexpended balance in the state trunkline fund shall remain in the state
trunkline fund and shall carry forward and is appropriated for federal aid road
and bridge programs for projects contained in the annual state transportation
program.
Sec. 612. The department shall establish guidelines governing
incentives and disincentives provided under contracts for state trunkline
projects. The guidelines shall include specific financial information
concerning incentives and disincentives. On or before January 1 of each year,
the department shall prepare a report for the immediately preceding fiscal year
regarding contract incentives and disincentives. This report shall include a
list, by project, of the contractors that received contract incentives and/or
disincentives, the amount of the incentives and/or disincentives, the fund source
of any incentives, and the number of days that each project was completed
either ahead or past the contracted completion date. This report shall be provided
to the senate and house appropriations subcommittees on transportation, the
senate and house standing committees on transportation, and the senate and
house fiscal agencies.
Sec. 613. (1) On or before February 1 of each year, the
department shall prepare a report on all capital federal aid participating
construction projects completed in the prior fiscal year. The report shall
include the following information:
(a) Location of the project.
(b) General description of the project.
(c) As-bid cost of the project.
(d) As-built cost of the project.
(e) Estimated completion date.
(f) Actual completion date.
(g) Whether design engineering was performed by department
staff or contract engineering consultants, and, if performed by contract
engineering consultants, the name of the contract engineering consultant firm
or firms.
(h) Design engineering costs.
(i) Whether
construction engineering was performed by department staff or contract
engineering consultants, and, if performed by contract engineering consultants,
the name of the contract engineering consultant firm or firms.
(j)
Construction engineering costs.
(k) Design
life.
(2) The report
shall include a discussion of design engineering and construction engineering
costs as a proportion of total project costs and in comparison with other state
transportation agencies. The report shall also include a discussion of relative
efficiency and effectiveness of work performed by department staff and work
performed by contract engineering consultants.
(3) The report
described in this section shall be provided to the senate and house
appropriations subcommittees on transportation, the senate and house standing
committees on transportation, and the senate and house fiscal agencies.
Sec. 660. (1)
The legislature encourages the department to examine the use of alternative
road surface materials, including recycled materials and flexible concrete, and
to develop criteria and specifications for their use in both department-managed
and contracted projects.
(2) The
department shall report on efforts taken to implement this section. The report
shall include descriptions of specific materials evaluated, evaluation methods,
and results of specific field or laboratory tests. The department shall
complete and submit the report to the state budget director, the house and
senate appropriations subcommittees on transportation, and the house and senate
fiscal agencies on or before March 1 of each year.
Sec. 661. (1)
From funds appropriated in part 1, the department shall establish a collaborative
stakeholder group to review innovative road materials and innovative road and
bridge design and construction specifications. The collaborative group shall
include representatives from the following stakeholder groups:
(a) The
DOT-FHWA.
(b) An appointee
of the speaker of the house of representatives.
(c) An
appointee of the senate majority leader.
(d) The
Asphalt Pavement Association of Michigan.
(e) The
Michigan Concrete Association.
(f) The
Michigan Council of Engineering Companies of Michigan.
(g) The
Michigan Infrastructure and Transportation Association.
(h) The County
Road Association of Michigan.
(i) The
Michigan Municipal League.
(j) The
Michigan Association of Drain Commissioners.
(k) The
Michigan Aggregates Association.
(l) The Michigan Association of Counties.
(m) The
Michigan Road Preservation Association.
(2) Beginning
July 1, 2021, the department shall report quarterly on the activities of the
collaborative stakeholder group established under this section. The report
shall be provided by April 1, 2021, to the house appropriations committee, the
senate appropriations committee, the house standing committee on transportation
and infrastructure, the senate standing committee on transportation and
infrastructure, and the house and senate fiscal agencies. The report shall
describe the innovative materials and innovative road and bridge design and
construction specifications submitted for review. The report shall also
describe, of the innovative materials and innovative road and bridge design and
construction specifications submitted for review, the submissions recommended
for adoption by the department and the submissions not recommended for adoption
by the department. The department shall provide recipients with updated reports
on activities of the collaborative stakeholder group by July 1, 2021 and
September 30, 2021.
TRANSIT AND RAIL RELATED FUNDS
Sec. 701. The
department shall establish an intercity bus equipment and facility fund as a
subsidiary fund within the comprehensive transportation fund created under
section 10b of 1951 PA 51, MCL 247.660b. Proceeds received by this state from
the sale of state-owned intercity bus equipment shall be credited to the
intercity bus equipment and facility fund for the purchase and repair of intercity
bus equipment, as appropriated. Security deposits not returned to a lessee of
state-owned intercity bus equipment under terms of the lease agreement shall be
credited to the intercity bus equipment and facility fund for the repair of
intercity bus equipment, as appropriated. Money received by the department from
lease payments for state-owned intercity bus equipment, and facility
maintenance charges under terms of leases of state-owned intercity facilities,
shall be credited to the intercity bus equipment and facility fund for the
purchase and repair of intercity bus equipment or for the maintenance and rehabilitation
of state-owned intercity facilities, as appropriated. At the close of the
fiscal year, any funds remaining in the intercity bus equipment and facility
fund shall remain in the fund and be carried forward into the succeeding fiscal
year.
Sec. 702. Money that is received by this state as repayment
for loans made for rail or water freight capital projects, and as a result of
the sale of property or equipment used or projected to be used for rail or
water freight projects shall be deposited in the rail freight fund created by
section 17 of the state transportation preservation act of 1976, 1976 PA 295,
Sec. 703. After receiving notification from a railroad
company pursuant to section 8 of the state transportation preservation act of
1976, 1976 PA 295,
Sec. 704. From the funds appropriated in part 1, the
department shall prepare and transmit a report that provides detail regarding
the department’s obligations for programs funded under the appropriation in
part 1 for rail operations and infrastructure. The report shall include a
breakdown of the appropriation by program, year-to-date obligations under each
program itemized by project, and an estimate of future obligations under each
program itemized by project for the remainder of the fiscal year. The initial
report shall be submitted to the senate and house appropriations subcommittees
on transportation, the state budget director, and the senate and house fiscal
agencies, on or before February 1, 2021. The department also shall update and
resubmit the final report on or before November 1, 2021.
Sec. 706. The Detroit/Wayne County Port Authority shall issue
a complete operations assessment and a financial disclosure statement. The
operations assessment shall include operational goals for the next 5 years and
recommendations to improve land acquisition and development efficiency. The
report shall be completed and submitted to the house of representatives and
senate appropriations subcommittees on transportation, the state budget
director, and the house and senate fiscal agencies by June 30 of each fiscal
year for the prior fiscal year.
Sec. 707. (1) Before March 1 of each year, the department
will provide to the legislature, the state budget office, and the house and senate
fiscal agencies its rail strategic plan. The strategic plan shall include, but
is not limited to, a rolling 5-year rail plan and summary of the department’s
obligations for programs funded under the appropriation in part 1 for rail
operations and infrastructure.
(2) The rolling 5-year rail plan shall include, but is not
limited to, all the following:
(a) A listing by county of all rail infrastructure projects
on rail lines within the state utilizing state funds, and the estimated cost of
each project.
(b) The actual or projected state expenditures for operation
of passenger rail service.
(c) The actual or projected state expenditures for
maintenance of passenger service rail lines.
(3) The period of the rolling 5-year rail plan includes the
current fiscal year and the 4 fiscal years immediately following the current
fiscal year.
(4) The summary of the department’s obligations for programs
funded under the appropriation in part 1 for rail operations and infrastructure
shall include a breakdown of the appropriation by program, year-to-year
obligations under each program itemized by project, and an estimate of future
obligations under each program itemized by project for the remainder of the
fiscal year.
Sec. 719. It is the intent of the
legislature that by September 30, 2021, each subsidized elderly and medical
transit system located in a county with a population of 100,000 or more must
determine that system’s estimated cost per rider. It is the intent of the
legislature that during the fiscal year, each system must issue a request for
proposals from ride-sharing companies for 50% of the system’s anticipated
service.
Sec. 720. It is the intent of the legislature that all
transit agencies in Michigan should strive to achieve a farebox recovery rate
of not less than 6%.
Sec. 735. For the fiscal year ending September 30, 2021, the
appropriation to a street railway pursuant to section 10e(22) of 1951 PA 51,
Sec. 752. At least once each fiscal year, the department
shall meet with representatives of a rail industry trade association to provide
information on the availability of rail infrastructure loan and grant funding
programs and freight economic development project opportunities.
Sec. 753. From the funds appropriated in part 1 for marine
passenger service, 60% must be spent on eligible entities servicing multiple
destinations. The remaining funds must be spent on eligible entities servicing
a single destination.
AERONAUTICS FUND
Sec. 801. Except as otherwise provided in section 903 of this
part for capital outlay, at the close of the fiscal year, any unobligated and
unexpended balance in the state aeronautics fund created in the aeronautics
code of the state of Michigan, 1945 PA 327,
CAPITAL OUTLAY
Sec. 901. (1) From federal-state-local project appropriations contained
in part 1 for the purpose of assisting political entities and subdivisions of
this state in the construction and improvement of publicly used airports and
landing fields within this state, the state transportation department may
permit the award of contracts on behalf of units of local government for the
authorized locations not to exceed the indicated amounts, of which the state
allocated portion shall not exceed the amount appropriated in part 1.
(2) Political entities and subdivisions shall provide not less than 5% of
the cost of any project under this section, unless a total nonfederal share
less than 10% is otherwise specified in federal law. State money shall not be
allocated until local money is allocated. State money for any 1 project shall
not exceed 1/3 of the total appropriation in part 1 from state funds for
airport improvement programs.
(3) The Michigan aeronautics commission may take those steps necessary to
match federal money available for airport construction and improvement within
this state and to meet the matching requirements of the federal government.
Whether acting alone or jointly with another political subdivision or public
agency or with this state, a political subdivision or public agency of this
state shall not submit to any agency of the federal government a project
application for airport planning or development unless it is authorized in this
part and part 1 and the project application is
approved by the governing body of each political subdivision or public agency
making the application and by the Michigan aeronautics commission.
Sec. 903. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent with the
provisions of section 248 of the management and budget act, 1984 PA 431,
ARTICLE 14
SUPPLEMENTAL APPROPRIATIONS
part 1
line-item appropriations
FOR FISCAL YEAR 2019-2020
Sec. 101. There is appropriated for the various state departments
and agencies to supplement appropriations for the fiscal year ending September
30, 2020, from the following funds:
|
APPROPRIATION
SUMMARY |
|
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
214,984,500 |
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
0 |
||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
214,984,500 |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
340,820,800 |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
(11,350,500) |
||
|
Total private revenues |
|
|
0 |
||
|
Total other state restricted revenues |
|
|
(83,281,600) |
||
|
State general
fund/general purpose |
|
$ |
(31,204,200) |
||
|
Sec. 102.
DEPARTMENT OF EDUCATION |
|
|
|
||
|
(1) APPROPRIATION
SUMMARY |
|
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
(10,000,000) |
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
0 |
||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
(10,000,000) |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
(10,000,000) |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
0 |
||
|
Total private revenues |
|
|
0 |
||
|
Total other state restricted revenues |
|
|
0 |
||
|
State general
fund/general purpose |
|
$ |
0 |
||
|
(2) ONE-TIME APPROPRIATIONS |
|
|
|
||
|
Child care rate reduction stipend |
|
$ |
(125,000,000) |
||
|
Child care supports |
|
|
115,000,000 |
||
|
GROSS APPROPRIATION |
|
$ |
(10,000,000) |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Coronavirus relief fund |
|
|
(10,000,000) |
||
|
State general
fund/general purpose |
|
$ |
0 |
||
|
Sec. 103.
DEPARTMENT OF HEALTH AND HUMAN SERVICES |
|
|
|
||
|
(1) APPROPRIATION
SUMMARY |
|
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
323,750,500 |
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
0 |
||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
323,750,500 |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
449,911,800 |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
(11,350,500) |
||
|
Total private revenues |
|
|
0 |
||
|
Total other state restricted revenues |
|
|
(83,281,600) |
||
|
State general
fund/general purpose |
|
$ |
(31,529,200) |
||
|
(2) CHILDREN’S SERVICES AGENCY - CHILD WELFARE |
|
|
|
||
|
Adoption subsidies |
|
$ |
133,200 |
||
|
Child care fund |
|
|
3,953,600 |
||
|
Foster care payments |
|
|
0 |
||
|
Guardianship assistance program |
|
|
43,900 |
||
|
GROSS
APPROPRIATION |
|
$ |
4,130,700 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Social security act, temporary assistance for needy families |
|
|
434,200 |
||
|
Total other federal revenues |
|
|
10,859,500 |
||
|
State general
fund/general purpose |
|
$ |
(7,163,000) |
||
|
(3) PUBLIC ASSISTANCE |
|
|
|
||
|
Family independence program |
|
$ |
(4,964,100) |
||
|
State disability assistance payments |
|
|
(2,303,100) |
||
|
State supplementation |
|
|
(133,500) |
||
|
GROSS
APPROPRIATION |
|
$ |
(7,400,700) |
||
|
Appropriated from: |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Supplemental security income recoveries |
|
|
(600,000) |
||
|
State general
fund/general purpose |
|
$ |
(6,800,700) |
||
|
(4) FIELD OPERATIONS AND SUPPORT SERVICES |
|
|
|
||
|
Food assistance reinvestment |
|
$ |
10,466,000 |
||
|
GROSS
APPROPRIATION |
|
$ |
10,466,000 |
||
|
Appropriated from: |
|
|
|
||
|
State general
fund/general purpose |
|
$ |
10,466,000 |
||
|
(5) BEHAVIORAL HEALTH SERVICES |
|
|
|
||
|
Autism services |
|
$ |
5,014,800 |
||
|
Healthy Michigan plan - behavioral health |
|
|
20,195,100 |
||
|
Medicaid mental health services |
|
|
90,193,300 |
||
|
Medicaid substance use disorder services |
|
|
(320,900) |
||
|
GROSS APPROPRIATION |
|
$ |
115,082,300 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other federal revenues |
|
|
93,581,300 |
||
|
|
|
|
|
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
Special revenue funds: |
|
|
|
||
|
Total other state restricted revenues |
|
|
(862,200) |
||
|
State general
fund/general purpose |
|
$ |
22,363,200 |
||
|
(6) CHILDREN’S SPECIAL HEALTH CARE SERVICES |
|
|
|
||
|
Medical care and treatment |
|
$ |
12,646,700 |
||
|
GROSS
APPROPRIATION |
|
$ |
12,646,700 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other federal revenues |
|
|
8,689,500 |
||
|
State general fund/general
purpose |
|
$ |
3,957,200 |
||
|
(7) MEDICAL SERVICES |
|
|
|
||
|
Adult home help services |
|
$ |
18,534,600 |
||
|
Ambulance services |
|
|
75,500 |
||
|
Auxiliary medical services |
|
|
(795,700) |
||
|
Dental services |
|
|
(43,945,100) |
||
|
Federal Medicare pharmaceutical program |
|
|
(1,352,300) |
||
|
Health plan services |
|
|
254,109,000 |
||
|
Healthy Michigan plan |
|
|
196,479,300 |
||
|
Home health services |
|
|
(430,100) |
||
|
Hospice services |
|
|
(12,229,800) |
||
|
Hospital services and therapy |
|
|
(2,482,300) |
||
|
Integrated care organizations |
|
|
10,168,800 |
||
|
Long-term care services |
|
|
(50,647,700) |
||
|
Medicaid home- and community-based services waiver |
|
|
3,357,300 |
||
|
Medicare premium payments |
|
|
4,959,300 |
||
|
Personal care services |
|
|
(101,400) |
||
|
Pharmaceutical services |
|
|
(83,602,300) |
||
|
Physician services |
|
|
(20,988,500) |
||
|
Program of all-inclusive care for the elderly |
|
|
1,416,800 |
||
|
School-based services |
|
|
11,066,500 |
||
|
Special Medicaid reimbursement |
|
|
(94,619,500) |
||
|
Transportation |
|
|
(146,900) |
||
|
GROSS
APPROPRIATION |
|
$ |
188,825,500 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Total other federal revenues |
|
|
336,347,300 |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
(11,350,500) |
||
|
Total other state restricted revenues |
|
|
(81,819,400) |
||
|
State general
fund/general purpose |
|
$ |
(54,351,900) |
||
|
Sec. 104.
DEPARTMENT OF STATE |
|
|
|
||
|
(1) APPROPRIATION
SUMMARY |
|
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
13,909,000 |
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
0 |
||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
13,909,000 |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
13,909,000 |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
0 |
||
|
Total private revenues |
|
|
0 |
||
|
Total other state restricted revenues |
|
|
0 |
||
|
For Fiscal Year Ending
Sept. 30, 2021 |
|
|
|
||
|
State general fund/general
purpose |
|
$ |
0 |
||
|
(2) ELECTION REGULATION |
|
|
|
||
|
Help America vote act |
|
$ |
13,909,000 |
||
|
GROSS
APPROPRIATION |
|
$ |
13,909,000 |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Help America vote act - election security |
|
|
12,054,000 |
||
|
Help America vote act Title I, sec 101 |
|
|
1,025,000 |
||
|
Help America vote act Title II |
|
|
830,000 |
||
|
State general
fund/general purpose |
|
$ |
0 |
||
|
Sec. 105.
DEPARTMENT OF TREASURY |
|
|
|
||
|
(1) APPROPRIATION
SUMMARY |
|
|
|
||
|
GROSS
APPROPRIATION |
|
$ |
(112,675,000) |
||
|
Interdepartmental grant revenues: |
|
|
|
||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
0 |
||
|
ADJUSTED GROSS
APPROPRIATION |
|
$ |
(112,675,000) |
||
|
Federal revenues: |
|
|
|
||
|
Total federal revenues |
|
|
(113,000,000) |
||
|
Special revenue funds: |
|
|
|
||
|
Total local revenues |
|
|
0 |
||
|
Total private revenues |
|
|
0 |
||
|
Total other state restricted revenues |
|
|
0 |
||
|
State general
fund/general purpose |
|
$ |
325,000 |
||
|
(2) FINANCIAL PROGRAMS |
|
|
|
||
|
Dual enrollment payments |
|
$ |
325,000 |
||
|
GROSS APPROPRIATION |
|
$ |
325,000 |
||
|
Appropriated from: |
|
|
|
||
|
State general fund/general
purpose |
|
$ |
325,000 |
||
|
(3) ONE-TIME APPROPRIATIONS |
|
|
|
||
|
First responder hazard pay premiums |
|
$ |
(100,000,000) |
||
|
First responder hazard pay premiums |
|
|
40,000,000 |
||
|
Teacher COVID-19 grants |
|
|
(53,000,000) |
||
|
GROSS
APPROPRIATION |
|
$ |
(113,000,000) |
||
|
Appropriated from: |
|
|
|
||
|
Federal revenues: |
|
|
|
||
|
Coronavirus relief fund |
|
|
(113,000,000) |
||
|
State general
fund/general purpose |
|
$ |
0 |
part 2
provisions concerning appropriations
for fiscal year 2019-2020
general sections
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources under part 1 for
fiscal year ending September 30, 2020 is ($31,204,200) and total state spending
from state sources to be paid to local units of government is $25,915,500.00.
The itemized statement below identifies appropriations from which spending to
local units of government will occur:
|
DEPARTMENT OF
HUMAN SERVICES |
|
|
|
|
Autism services |
|
$ |
1,296,100 |
|
Child care fund |
|
|
3,552,300 |
|
Healthy Michigan plan – behavioral health |
|
|
1,829,500 |
|
Medicaid mental health services |
|
|
19,396,900 |
|
Medicaid substance use disorder services |
|
|
(159,300) |
|
TOTAL |
|
$ |
25,915,500 |
Sec. 202. The appropriations made and
expenditures authorized under this part and the departments,
commissions, boards, offices, and programs for which appropriations are made
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. If the state administrative board, acting under
section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated
under this article, the legislature may, by a concurrent resolution adopted by
a majority of the members elected to and serving in each house, inter-transfer
funds within this article for the particular department, board, commission,
officer, or institution.
DEPARTMENT OF
CORRECTIONS
Sec. 301. The appropriation from coronavirus relief funds
under section 302 of 2020 PA 67 for hazard/premium pay for front line workers
is reduced by $13,400,000.00.
DEPARTMENT OF
EDUCATION
Sec. 351. (1) From the funds appropriated in part 1 for child
care supports, the department of education shall create a child care rate
reduction stipend as an add-on to the child care relief fund grant to reduce
child care costs to families. All licensed child care providers that receive
grants from the child care relief fund are eligible to receive the additional
child care rate reduction stipend. Providers are eligible to receive stipends
to cover the months of June, July, and August in the 2019-2020 fiscal year and
will have up to 30 days after the charged month to apply for a child care rate
reduction stipend.
(2) At the time of application, licensed providers shall
provide information on the amount of tuition charged to families. The
department of education shall reimburse the provider up to 30% of the tuition
amount charged to the family for each child cared for by the provider for the
months of June, July, and August in the 2019-2020 fiscal year. Recipients of
the child care rate reduction stipend must reduce their rates by the rate
reimbursement percentage described in this section. The stipend is intended to
cover that percentage of a parent’s tuition, thus reducing the amount charged
to the family. In addition to receiving the stipend, the provider must ensure
that they meet the requirements of the child care relief fund for each month
the provider received a child care relief fund grant. To be eligible for grants
in June, July, and August the weekly rate charged to families cannot be higher
than the rate charged prior to the state of emergency in March 2020. If
subsequent grants are available, this provision does not apply. For the grants
distributed in the June round to support child care subsidy families, the funds
shall be used to provide tuition credits to families incurred in June and any
remaining funds may be used for operational costs incurred due to COVID-19.
(3) As a condition of receiving a child care relief fund
grant, child care providers are required to reduce the monthly billed amount to
the family of each child by the amount received for each child. If the
department of education determines that the provider did not provide the
required tuition reduction, the department of education shall recoup the funds.
(4) The department of education shall take reasonable steps
to distribute the child care reduction stipend within 15 business days of
receiving an application from a provider unless the provider fails to meet the
requirements of this section. The department of education shall provide notice
and information to all licensed providers on how to apply for the stipend and
the requirements of the program. The department of education shall take
reasonable steps to ensure that providers apply for a child care rate reduction
stipend. Providers shall be required to maintain all billing and refund records
for a minimum of 4 years for auditing purposes.
(5) In addition to the funds allocated in subsection (1),
from the funds appropriated in part 1 for child care supports, the department
shall allocate funds for additional child care supports specified under this
section as follows:
(a) Reimburse eligible child care providers for care provided
to school-age children receiving the child care subsidy during the school day,
if the children are enrolled in a virtual education program when virtual
learning is the only option.
(b) Allow for a one-time increase of up to 60 absence hours
for all children receiving the child care subsidy to allow families and providers
to respond to COVID-related absences and closures.
(c) Provide for 1 additional round of the Child Care Relief
Fund with the goal of helping providers stay open and making care more
affordable for families. This round will include funds for child care rate
reduction stipend for families and operational supports for providers.
Providers must complete an online application to receive funding. At the time
of application, licensed providers shall provide information on the number of
children in care. The state shall award, at least, $200.00 per child in care.
Providers must disburse these funds to families on the next tuition bill after
funding is received. At the time of application, licensed providers shall also
provide information on, at a minimum, provider type, licensed capacity, and
star rating. These criteria shall be used to disburse funds to providers for
operational expenses.
(d) Grants shall be awarded on a first come first serve
basis.
(6) The unexpended funds
appropriated in part 1 for child care supports are designated as a work project
appropriation. Any unencumbered or unallotted funds shall not lapse at the end
of the fiscal year and shall be available for expenditure for projects under
this section until the projects have been completed. The following is in
compliance with section 451a(1) of the management and budget act, 1984 PA 431,
MCL 18.1451a:
(a) The purpose of the work project is to continue to provide
child care supports to families and providers in response to the COVID-19 pandemic.
(b) The projects will be accomplished by utilizing state
employees or by contracts.
(c) The total estimated cost of the work project is
$115,000,000.00.
(d) The tentative completion date is September 30, 2021.
(7) As used in this section, “licensed providers” includes
licensed child care centers, licensed group homes, licensed family homes, and
disaster relief child care centers.
DEPARTMENT OF
ENVIRONMENT, GREAT LAKES, AND ENERGY
Sec. 401. In addition to the funding appropriated in part 1,
the department may receive and expend funding from the Volkswagen Environmental
Mitigation Trust Agreement to provide support for activities outlined within
this state’s mitigation plan. The department shall submit a report to the
senate and house appropriations subcommittees on environment, Great Lakes, and
energy, the senate and house fiscal agencies, and the state budget office by
September 30 on expenditures incurred under this section during the 2019-2020
fiscal year.
DEPARTMENT OF HEALTH
AND HUMAN SERVICES
Sec. 451. The appropriation from coronavirus relief funds
under section 302 of 2020 PA 67 for hazard/premium pay for front line workers
is reduced by $8,000,000.00.
Sec. 452. The appropriation from coronavirus relief funds
under section 302 of 2020 PA 67 for additional future response activities is
reduced by $40,000,000.00.
DEPARTMENT OF MILITARY
AND VETERANS AFFAIRS
Sec. 501. The appropriation from coronavirus relief funds
under section 302 of 2020 PA 67 for hazard/premium pay for front line workers
is reduced by $186,000.00.
Sec. 502. The department’s federal fund appropriation under
section 302 of 2020 PA 67 for provider relief fund payments is increased by
$1,533,000.00 to recognize additional funding appropriated in the federal
coronavirus aid, relief, and economic security act, Public Law 116-136.
DEPARTMENT OF NATURAL
RESOURCES
Sec. 551. The appropriation from coronavirus relief funds
under section 302 of 2020 PA 67 for hazard/premium pay for front line workers
is reduced by $146,000.00.
DEPARTMENT OF STATE
Sec. 601. The unexpended funds appropriated in part 1 for the
help America vote act are designated as a work project appropriation. Any
unencumbered or unallocated funds shall not lapse at the end of the fiscal year
and shall be available for expenditure for projects under this section until
the projects have been completed. The following is in compliance with section
451a of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide election
security improvements to the election system, equipment, and processes used in
federal elections in support of local and county elections officials.
(b) The total estimated cost of the project is
$13,909,000.00. Of the funds included in this project, not less than $200,000.00
shall be used to reimburse local and county elections clerks for election drop
box security for the November 2020 general election.
(c) The secretary of state shall provide quarterly reports to
the speaker of the house, the house minority leader, the senate majority
leader, the senate minority leader, and the senate and house fiscal agencies on
the status of activities funded through this project. The report shall include,
but not be limited to, the status of the monthly process for eliminating
deceased voters from the qualified voter file as prescribed under section
509o(4) of the Michigan election law, 1954 PA 116, MCL 168.509o.
(d) No funds from this project may be used for statewide
ballot application or absentee ballot mailings, but grants to local and county
election clerks for mailing-related expenses are allowed.
(e) The secretary of state shall use the information from
returned mail from previous ballot application mailings for qualified voter
file maintenance, in accordance with Michigan election law.
(f) The project will be accomplished by utilizing state
employees, contracts with private vendors, and grants to local and county
election clerks.
(g) The tentative completion date is September 30, 2024.
DEPARTMENT OF STATE
POLICE
Sec. 651. The appropriation from coronavirus relief funds
under section 302 of 2020 PA 67 for hazard/premium pay for front line workers
is reduced by $1,400,000.00.
DEPARTMENT OF TECHNOLOGY,
MANAGEMENT, AND BUDGET
Sec. 701. The appropriation
from coronavirus relief funds under section 302 of 2020 PA 67 for additional
future response activities is reduced by $9,000,000.00.
DEPARTMENT OF TREASURY
Sec. 751. (1)
There is appropriated an amount sufficient to recognize and pay refundable tax
credits, tax refunds, and interest as provided by law.
(2) The
appropriations under subsection (1) shall be funded by restricting tax revenue
in an amount sufficient to record these expenditures.
Sec. 752. (1)
From the funds appropriated in part 1 for first responder hazard pay premiums,
the department of treasury shall provide grants for the payment or
reimbursement of first responder hazard pay premiums provided to first
responders who have performed hazardous duty or work involving physical hardship
related to COVID-19 as described in this section.
(2) Eligible
first responder hazard pay premium payments and reimbursements may be provided
for hazard pay premiums for law enforcement officers, firefighters, emergency
medical technicians (EMTs), paramedics, 9-1-1 operators, local unit of government
corrections officers, airport public safety officers, and eligible personnel
associated with ambulance operations licensed under section 20920 of the public
health code, 1978 PA 368, MCL 333.20920. Private EMTs and paramedics that
contract with municipalities or hospitals are eligible if hazard pay premiums
are paid through the applicant. First responder hazard pay premium payments and
reimbursements may be made as a lump sum payment or as an hourly rate enhancement.
The maximum reimbursement amount shall be $1,000.00 per eligible employee. Any
payment or reimbursement made under this section, whether paid as a lump sum or
hourly wage enhancement, shall be of no effect in determining any employee’s
average compensation as provided by any contract or other provision of law.
Eligible hazard pay premiums must be paid to employees by October 31, 2020 to
be eligible for payment or reimbursement under this section.
(3) The
department of treasury shall make available on its website all forms and
information needed for applicants to apply for payments or reimbursements.
Applicants will have until September 30, 2020 to apply for a payment or
reimbursement. Payments and reimbursements will be made on a first-come,
first-served basis, and must be made no later than 45 days after all required
information is submitted.
(4) The
department of treasury shall award not more than $5,000,000.00 to any
applicant.
(5) The
department of treasury shall provide a report to the senate and house
appropriations committees, the senate and house fiscal agencies, and the state
budget office not later than December 1, 2020. The report shall include a list
by payment or reimbursement recipient of the date each was approved, the
payment or reimbursement amount, and a description of the first responder
hazard pay premiums, including the number of first responders covered and type
of hazard pay premium covered by the payment or reimbursement.
(6) As used in
this section, “applicant” means a city; village; township; county; public
airport operator; ambulance operation licensed under section 20920 of the
public health code, 1978 PA 368, MCL 333.20920; or a local governmental
authority, intergovernmental agency, or organization that employs local public
safety or local public health personnel and that was established by a city,
village, township, county, or group of these for the primary purpose of
providing public safety or public health services.
(7) The
unexpended funds appropriated in part 1 for first responder hazard pay premiums
are designated as a work project appropriation. Any unencumbered or unallotted
funds shall not lapse at the end of the fiscal year and shall be available for
expenditure for projects under this section until the projects have been
completed. The following is in compliance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The
purpose of the work project is to provide a payment or reimbursement of up to
$1,000.00 per eligible first responder for hazardous duty or work involving
physical hardship related to COVID-19.
(b) The
project will be accomplished by utilizing state employees to provide payments
or reimbursements to eligible applicants.
(c) The total
estimated cost of the work project is $40,000,000.00.
(d) The
tentative completion date is December 30, 2020.
REPEALER
Sec. 800. (1)
Section 911 of 2019 PA 56 is repealed.
(2) Section
301 of 2020 PA 123 is repealed.
(3) Sections
801 and 802 of 2020 PA 144 are repealed.
Second: That the House
and Senate agree to the title of the bill to read as follows:
A bill to make,
supplement, adjust, and consolidate appropriations for various state
departments and agencies, the judicial branch, and the legislative branch for
the fiscal years ending September 30, 2020 and September 30, 2021; to provide for
certain conditions on appropriations; and to provide for the expenditure of the
appropriations; and to repeal acts and parts of acts.
Shane Hernandez
Aaron Miller
Jon Hoadley
Conferees for the House
Jim Stamas
Jon Bumstead
Curtis Hertel Jr.
Conferees for the Senate
The
question being on the adoption of the conference report,
The first conference report was adopted, a majority of the members
serving voting therefor, as follows:
Roll Call No.
344 Yeas—37
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bullock Lauwers Outman Victory
Bumstead Lucido Polehanki Wojno
Chang MacDonald Runestad Zorn
Daley
Nays—0
Excused—1
Hollier
Not
Voting—0
In The
Chair: Nesbitt
Senator
MacGregor moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members
serving voting therefor.
The
motion prevailed.
Senator Hertel’s statement is as follows:
Colleagues, I am
proud that we are here today and voting on this conference report. Negotiating
a budget and working across the aisle to compromise and come to an agreement
that best reflects Michigan’s values is never easy. It is certainly not made
easier by a pandemic or in the middle of an election year. This budget reflects
a genuine partnership between the Legislature and the Governor. Each came to
the table ready to put the people of Michigan—many of whom are struggling and
feeling the weight of uncertainty during this pandemic—and put them first.
I would like to thank my good friend, the Senator from the 36th District, the Appropriations Chair. I’ve been through many budget processes in my time here in the Senate and this was by far the most collaborative process I’ve been part of, and I believe it is the spirit of which Jim works that lives through documents like this—the ability to listen and the ability to work with everyone regardless of whether we agree at the beginning to find common ground and I want to thank the good Senator from the 36th District for that. I also want to thank his staff who did a tremendous amount of work on this budget, central staff for both our side and your side, the fiscal agencies that put so much work in, and of course my chief of staff who is the best chief of staff in the state and did a wonderful job in helping with these negotiations and always makes me look far better than I am.
This budget is an amazing achievement in the sense that I don’t think anyone three months ago would have thought that we could have gotten here—a budget that increases funding for education, increases funding for many services that affect people every day. So even though it’s a difficult process and difficult time, this proves by working together—by working in a bipartisan fashion—we can solve problems. And I want to thank my good friend across the aisle for doing that and I’m proud of the work that has been done to accomplish it today.
Senator Stamas’ statement is as follows:
Colleagues, in the face of
unprecedented challenges due to COVID-19, we’re here today to pass a fiscal
year 2021 state budget that funds key priorities and balances the deficit all
without raising taxes. As I’ve said before, we’re all in this together. By
working together, we have a budget agreement that protects hardworking
taxpayers, that is accountable to Michigan families, and helps us build a
healthy economy that benefits all.
I want to thank Senate Majority Leader
Shirkey, Speaker Chatfield, Budget Director Kolb, Chairman Hernandez, my Vice
Chair Senator Hertel, the members of the Senate and House Appropriations committees,
and the amazing, dedicated staff of the Senate and the House fiscal agencies
for all their hard work.
I have much more written, but, as my chief
of staff has told me, when you have the votes, vote. Members, I ask for your vote.
Thank you.
Announcements of Printing and Enrollment
The
Secretary announced that the following bills were printed and filed on Tuesday,
September 22, and are available on the Michigan Legislature website:
Senate Bill Nos. 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140
House Bill Nos. 6240 6241 6242 6243 6244 6245 6246 6247 6248 6249 6250
Committee Reports
The Committee on Judiciary and Public
Safety reported
House Bill No. 4315, entitled
A bill to amend 1931 PA 328,
entitled “The Michigan penal code,” by amending section 479b (MCL 750.479b), as
added by 1994 PA 33.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido, VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Judiciary and
Public Safety reported
House Bill No. 4316, entitled
A bill to amend 1927 PA 175, entitled
“The code of criminal procedure,” by amending section 16x of chapter XVII (MCL
777.16x), as amended by 2012 PA 323.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido, VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Judiciary and
Public Safety reported
House Bill No. 5054, entitled
A bill to amend 2014 PA 319,
entitled “Sexual assault victim’s access to justice act,” by amending section 4
(MCL 752.954).
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido, VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Judiciary and
Public Safety reported
House Bill No. 5055, entitled
A bill to amend 1927 PA 175,
entitled “The code of criminal procedure,” by amending section 15c of chapter
IV (MCL 764.15c), as amended by 2001 PA 210.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido, VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Judiciary and
Public Safety reported
House Bill No. 5056, entitled
A bill to amend 1985 PA 87,
entitled “William Van Regenmorter crime victim’s rights act,” by amending
sections 2a, 6, and 13a (MCL 780.752a, 780.756, and 780.763a), section 2a as
added and section 13a as amended by 2006 PA 461 and section 6 as amended by
2005 PA 184.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido, VanderWall, Barrett,
Johnson, Runestad, Chang and Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Judiciary and
Public Safety reported
House Bill No. 5057, entitled
A bill to amend 1985 PA 87,
entitled “William Van Regenmorter crime victim’s rights act,” by amending
sections 61b, 66, and 78a (MCL 780.811b, 780.816, and 780.828a), section 61b as
added and section 78a as amended by 2006 PA 461 and section 66 as amended by
2000 PA 503.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido, VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Judiciary and
Public Safety reported
House Bill No. 5058, entitled
A bill to amend 1985 PA 87,
entitled “William Van Regenmorter crime victim’s rights act,” by amending sections
31a, 36, and 41a (MCL 780.781a, 780.786, and 780.791a), section 31a as added
and section 41a as amended by 2006 PA 461 and section 36 as amended by 2000 PA
503.
With the recommendation that the bill
pass.
The committee further recommends that the
bill be given immediate effect.
Peter
J. Lucido
Chairperson
To
Report Out:
Yeas: Senators Lucido, VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
Nays: None
The bill was referred to the Committee
of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary and
Public Safety submitted the following:
Meeting held on Thursday,
September 17, 2020, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building
Present: Senators Lucido (C),
VanderWall, Barrett, Johnson, Runestad, Chang and Irwin
The Committee on Health Policy and
Human Services reported
Senate Bill No. 1021, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending section 16186 (MCL 333.16186), as
amended by 2006 PA 398.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas: Senators VanderWall, Bizon,
Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Health Policy
and Human Services reported
Senate Bill No. 1094, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending section 21717 (MCL 333.21717), as
amended by 2014 PA 66, and by adding section 5145.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas: Senators VanderWall, Bizon,
Johnson, LaSata, MacDonald and Theis
Nays: Senator Hertel
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Health Policy
and Human Services reported
House Bill No. 5827, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending section 16651 (MCL 333.16651), as
added by 2018 PA 463.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas: Senators VanderWall, Bizon,
Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy
and Human Services submitted the following:
Meeting held on Thursday,
September 17, 2020, at 11:00 a.m., Senate Hearing Room, Ground Floor, Boji
Tower
Present: Senators VanderWall (C),
Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
The Committee on Families, Seniors, and
Veterans reported
Senate Bill No. 983, entitled
A bill to amend 1994 PA 204,
entitled “The children’s ombudsman act,” by amending section 3 (MCL 722.923),
as amended by 2004 PA 560.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
John
Bizon, M.D.
Chairperson
To
Report Out:
Yeas: Senators Bizon, Barrett, Runestad
and Zorn
Nays: Senator Bullock
The bill was referred to the Committee
of the Whole.
The Committee on Families,
Seniors, and Veterans reported
Senate Bill No. 1006, entitled
A bill to amend 1939 PA 280,
entitled “The social welfare act,” by amending section 10b (MCL 400.10b), as
amended by 2017 PA 13, and by adding section 14m.
With the recommendation that the
substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
John
Bizon, M.D.
Chairperson
To
Report Out:
Yeas: Senators Bizon, Zorn, Bullock and
Alexander
Nays: Senators Barrett and Runestad
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Families,
Seniors, and Veterans reported
Senate Bill No. 1090, entitled
A bill to amend 1982 PA 295, entitled
“Support and parenting time enforcement act,” by amending section 5d (MCL
552.605d), as amended by 2014 PA 380.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
John
Bizon, M.D.
Chairperson
To
Report Out:
Yeas: Senators Bizon, Barrett, Zorn,
Bullock and Alexander
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Families,
Seniors, and Veterans reported
Senate Bill No. 1091, entitled
A bill to amend 1982 PA 294,
entitled “Friend of the court act,” by amending section 17 (MCL 552.517), as
amended by 2019 PA 27, and by adding section 17f.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
John
Bizon, M.D.
Chairperson
To
Report Out:
Yeas: Senators Bizon, Barrett,
Runestad, Zorn, Bullock and Alexander
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Families,
Seniors, and Veterans submitted the following:
Meeting held on Tuesday, September 22,
2020, at 8:00 a.m., Room 403, 4th Floor, Capitol Building
Present: Senators Bizon (C), Barrett,
Runestad, Johnson, Zorn, Bullock and Alexander
The Committee on Transportation and
Infrastructure reported
Senate Bill No. 431, entitled
A bill to amend 2006 PA 110,
entitled “Michigan zoning enabling act,” by amending section 205 (MCL
125.3205), as amended by 2018 PA 366.
With the recommendation that the
substitute (S-6) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Tom
Barrett
Chairperson
To
Report Out:
Yeas: Senators Barrett, LaSata,
Victory, Outman, Lauwers and Hollier
Nays: Senator Geiss
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Transportation
and Infrastructure reported
Senate Bill No. 849, entitled
A bill to amend 1994 PA 451,
entitled “Natural resources and environmental protection act,” by amending
section 32723 (MCL 324.32723), as amended by 2008 PA 180, and by adding section
1708.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Tom
Barrett
Chairperson
To
Report Out:
Yeas: Senators Barrett, LaSata,
McBroom, Victory, Outman, Lauwers and Hollier
Nays: Senator Geiss
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
The Committee on Transportation
and Infrastructure reported
House Bill No. 4476, entitled
A bill to amend 1951 PA 51,
entitled “An act to provide for the classification of all public roads,
streets, and highways in this state, and for the revision of that
classification and for additions to and deletions from each classification; to
set up and establish the Michigan transportation fund; to provide for the
deposits in the Michigan transportation fund of specific taxes on motor
vehicles and motor vehicle fuels; to provide for the allocation of funds from
the Michigan transportation fund and the use and administration of the fund for
transportation purposes; to promote safe and efficient travel for motor vehicle
drivers, bicyclists, pedestrians, and other legal users of roads, streets, and
highways; to set up and establish the truck safety fund; to provide for the
allocation of funds from the truck safety fund and administration of the fund
for truck safety purposes; to set up and establish the Michigan truck safety
commission; to establish certain standards for road contracts for certain
businesses; to provide for the continuing review of transportation needs within
the state; to authorize the state transportation commission, counties, cities,
and villages to borrow money, issue bonds, and make pledges of funds for
transportation purposes; to authorize counties to advance funds for the payment
of deficiencies necessary for the payment of bonds issued under this act; to
provide for the limitations, payment, retirement, and security of the bonds and
pledges; to provide for appropriations and tax levies by counties and townships
for county roads; to authorize contributions by townships for county roads; to
provide for the establishment and administration of the state trunk line fund,
local bridge fund, comprehensive transportation fund, and certain other funds;
to provide for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan transportation
funds may be allocated; to provide for Michigan transportation fund grants; to
provide for review and approval of transportation programs; to provide for
submission of annual legislative requests and reports; to provide for the
establishment and functions of certain advisory entities; to provide for
conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state
and local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” by amending section
11c (MCL 247.661c), as amended by 2015 PA 182.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Tom
Barrett
Chairperson
To
Report Out:
Yeas: Senators Barrett, LaSata,
McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
Nays: None
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation
and Infrastructure submitted the following:
Meeting held on Tuesday, September 22,
2020, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Barrett (C), LaSata,
McBroom, Victory, Outman, Lauwers, Geiss, Bullock and Hollier
COMMITTEE ATTENDANCE REPORT
The
Committee on Oversight submitted the following:
Meeting
held on Tuesday, September 22, 2020, at 3:30 p.m., Room 403, 4th Floor, Capitol
Building
Present:
Senators McBroom (C), Lucido, MacDonald and Irwin
Excused:
Senator Theis
COMMITTEE
ATTENDANCE REPORT
The
Joint Select Committee on the COVID-19 Pandemic (HCR 20) submitted the
following:
Meeting
held on Wednesday, September 23, 2020, at 8:15 a.m., Room 519, House Office
Building,
Present:
Senators Nesbitt, LaSata and Hertel
Excused:
Sen. Schmidt and Hollier
COMMITTEE ATTENDANCE REPORT
The Legislative Council submitted the
following:
Meeting
held on Wednesday, September 23, 2020, at 9:00 a.m., Harry T. Gast Senate
Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Shirkey, Horn, Schmidt, Stamas, and
Ananich
Excused:
Senator Chang
COMMITTEE
ATTENDANCE REPORT
The Conference Committee on FY
2020-21 General Omnibus Budget (HB 5396) submitted the following:
Meeting
held on Wednesday, September 23, 2020, at 9:15 a.m., Harry T. Gast Senate
Appropriations Room, 3rd Floor, Capitol Building
Present: Senators
Stamas, Bumstead and Hertel.
COMMITTEE
ATTENDANCE REPORT
The Conference Committee on FY
2020-21 Education Budget (SB 927) submitted the following:
Meeting
held on Wednesday, September 23, 2020, at 9:30 a.m., Harry T. Gast Senate Appropriations
Room, 3rd Floor, Capitol Building
Present: Senators
Stamas (C), Schmidt and Hertel.
Advice and Consent - Thursday, September 24, 12:00 noon, Room 1100, Binsfeld Office
Building
(517) 373-5314
COVID-19 Pandemic Joint
Select – Wednesday, September 30, 8:00
a.m., Room 352, House Appropriations Room, 3rd Floor, Capitol Building (517)
373-5795
Economic and Small Business Development – Thursday, September 24, 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517) 373-1721
Health Policy and Human
Services – Thursday, September 24,
1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (517) 373-5323
Judiciary and Public Safety – Thursday, September 24, 8:30 a.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-5312
Local Government – Thursday, September 24, 1:30 p.m., Room 1100, Binsfeld Office Building
(517) 373-5312
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 5:24 p.m.
The
President pro tempore, Senator Nesbitt, declared the Senate adjourned until
Thursday, September 24, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate