STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
101st Legislature
REGULAR SESSION OF 2021
House Chamber, Lansing, Tuesday, September 21, 2021.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Aiyash—present Damoose—present LaFave—present Roth—present
Albert—present Eisen—present LaGrand—present Sabo—present
Alexander—present Ellison—present Lasinski—present Schroeder—excused
Allor—present Farrington—present Liberati—present Scott—present
Anthony—present Filler—present Lightner—present Shannon—present
Beeler—present Fink—present Lilly—excused Slagh—present
Bellino—present Frederick—present Maddock—present Sneller—present
Berman—present Garza—present Manoogian—present Sowerby—present
Beson—present Glenn—present Marino—excused Steckloff—present
Bezotte—present Green—present Markkanen—present Steenland—present
Bolden—present Griffin—present Martin—present Stone—present
Bollin—present Haadsma—present Meerman—present Tate—present
Borton—present Hall—present Morse—present Thanedar—present
Brabec—present Hammoud—present Mueller—present Tisdel—present
Brann—present Hauck—present Neeley—present VanSingel—present
Breen—present Hertel—present O’Malley—present VanWoerkom—present
Brixie—present Hoitenga—present O’Neal—present Wakeman—present
Calley—present Hood—present Outman—present Weiss—present
Cambensy—present Hope—present Paquette—present Wendzel—present
Camilleri—present Hornberger—present Peterson—excused Wentworth—present
Carra—present Howell—present Pohutsky—present Whiteford—present
Carter, B—excused Huizenga—present Posthumus—present Whitsett—present
Carter, T—present Johnson, C—present Puri—present Witwer—present
Cavanagh—present Johnson, S—present Rabhi—present Wozniak—present
Cherry—present Jones—excused Reilly—present Yancey—present
Clemente—present Kahle—present Rendon—present Yaroch—present
Clements—present Koleszar—present Rogers—present Young—present
Coleman—present Kuppa—present
e/d/s = entered during session
Rep. Samantha Steckloff, from the 37th District, offered the following invocation:
Good Afternoon, colleagues and friends:
“Last night at sundown began the Jewish festival of Sukkot. The seven-day-long holiday marks the end of the growing season in Israel, and is also known as Chag HaAsif, which literally translates to ‘harvest festival’. During Sukkot, Jews build small dwellings called Sukkah, constructed primarily with wood and branches on three sides with a thatched roof of leaves, allowing for the roof to be exposed to the weather. These sukkot are intended to connect us to the agricultural significance of the holiday and remind us of the 40 years that the Israelites dwelt in the desert after their liberation from slavery in Egypt.
Here in Michigan, this holiday has always reminded me of our state’s incredible agricultural blessings. At more than 300 commodities, Michigan is the second-most agriculturally diverse state in the nation. Our farmers make us proud, and I am reminded during Sukkot to be outwardly grateful for their labors. May this Sukkot remind us all of the importance of coming together to support Michigan agriculture, and may we all take a moment this week to appreciate how Michigan farmers have personally impacted our daily lives. May we have a fruitful session and deliver good governance in abundance to our constituents, the wonderful people of the great State of Michigan.”
______
Rep. Rabhi moved that Reps. Brenda Carter, Jones and Peterson be excused from today’s session.
The motion prevailed.
Rep. Frederick moved that Reps. Lilly, Marino and Schroeder be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Haadsma, Tyrone Carter, Coleman, Garza, Sowerby, Shannon, Breen, Bolden, Steenland, Rogers, Tate, Liberati, Clemente, Witwer, Brenda Carter, Cynthia Johnson, Cavanagh, Pohutsky, Brabec, Steckloff, Bezotte, Cherry, Ellison, Sabo, Sneller and Weiss offered the following resolution:
House Resolution No. 161.
A resolution to support the U.S. Department of Education’s decision to extend the pause on federal student loan payments.
Whereas, There is a student loan debt crisis in the United States, with more than 40 million people holding over $1.5 trillion in federal student loan debt. The average debt owed tops $30,000. Student loan debt is now the second highest consumer debt category behind mortgage debt; and
Whereas, The immense student loan debt burdens not only those people holding the debt, but the entire economy. Because of this debt, young Americans are struggling to become homeowners, save for retirement, and contribute to the economy in other ways. Borrowers who face difficulty paying their debt face delinquency and default. Moreover, borrowers of color are disproportionately impacted by student loan debt; and
Whereas, The COVID-19 Pandemic has exacerbated the burden of student loan debt. The economic damage brought by the pandemic has made it harder for people to find employment and created additional expenses, making it more difficult to pay already onerous student loan bills; and
Whereas, In response to the COVID-19 Pandemic, the U.S. Department of Education initiated a pause on federal student loan payments in March of 2020 in order to provide emergency relief to borrowers under financial strain; and
Whereas, While the relief was set to expire in September of 2021, the Biden Administration extended the pause until January 31, 2022. The U.S. Department of Education has indicated that this will be the final extension of the payment pause; and
Whereas, The U.S.
Department of Education extended the emergency relief to allow borrowers time
to transition back into repayment and reduce the risk of default and
delinquency. The extension of the payment pause is vital for millions of
hard-working Americans who have suffered from financial hardship due to the
COVID-19 Pandemic, and allows them to focus on their families, health, and
professions instead of student loans; now, therefore, be it
Resolved by the House of Representatives, That we support the U.S. Department of Education’s decision to extend the pause on federal student loan payments; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the U.S. Secretary of Education, the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Education.
Messages from the Governor
The following veto message from the Governor was received and read:
Executive Office, Lansing, September 16, 2021
Michigan House of Representatives
State Capitol Building
Lansing, MI 48909-7514
Representatives,
I am returning Enrolled House Bill 4063 to you without my signature.
Child labor laws are an essential part of a healthy society because they protect kids from the severe negative consequences caused by child labor exploitation, such as denial of educational opportunities and increased physical and mental health risks. HB 4063 would chip away at those protections by allowing certain families to not only fill out work permit applications, but also grant them. In order to keep our kids safe, it is important that an independent school official evaluate work permit applications prepared by a family.
For the foregoing reasons, I am vetoing HB 4063 of 2021.
Sincerely,
Gretchen Whitmerp
Governor
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Rep. Frederick moved that the bill be re-referred to the Committee on Education.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Concurrent Resolution No. 18.
A concurrent resolution of tribute offered as a memorial for Karen Fort Hood, judge of the Michigan Court of Appeals.
Whereas, It was with great sorrow that the members of the Michigan Legislature learned of the passing of Karen Fort Hood. Judge Hood will be remembered as a trailblazer, committed public servant, and renowned legal mind who served the people of Wayne County and the entire state with distinction during her career, which included nearly three decades as a judge; and
Whereas, Judge Hood was born in Detroit and received her undergraduate degree from Regents College of the University of the State of New York at Albany in 1980. Nine years later, she earned her law degree from the Detroit College of Law. Prior to her election as a judge, she worked as a teacher in the Detroit Public Schools, a probation officer, and special assistant prosecutor and assistant prosecuting attorney at the Wayne County Prosecutor’s Office; and
Whereas, Karen Fort Hood was first elected to serve as a judge in 1992 on the Detroit Recorder’s Court. She was later elected to the Wayne County Circuit Court, where she would ultimately serve as the presiding judge in the Criminal Division; and
Whereas, In 2002, Judge Hood made history when she was the first Black woman in state history to be elected to the Michigan Court of Appeals. Her work on the Court of Appeals earned her the trust of the voters in the First District, as they re-elected her in 2008, 2014, and 2020; and
Whereas, Judge Hood was known for her commitment to fairness and justice, making her a model jurist and community leader. In addition to her sterling work ethic and legal mind, she treated everyone with respect and ensured that the citizens of Michigan were heard in the courtroom. Judge Hood’s personal warmth made her a model colleague, as did her commitment to professional service. She took an active role in the Association of Black Judges of Michigan, the Wolverine Bar Association, and the National Bar Association, and served on the Judicial Tenure Commission, including as the first Black woman to be chosen as the commission’s chair; and
Whereas, Judge Hood had an enormous impact on the legal community and the people of Michigan during her years as a prosecutor and judge. Upon her passing, we offer condolences to her family and friends. We hope that they may find comfort in the knowledge that the community shares in their bereavement and the legacy of Karen Fort Hood will long continue to enrich our state; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Karen Fort Hood, judge of the Michigan Court of Appeals from 2003 to 2021; and be it further
Resolved, That copies of this resolution be transmitted to the Hood family as evidence of our lasting esteem for her memory.
The Senate has adopted the concurrent resolution.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted by unanimous standing vote.
Third Reading of Bills
House Bill No. 5094, entitled
A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2018 PA 221.
(The bill was read a third time and postponed for the day on September 14, see House Journal No. 72, p. 1406.)
The question being on the passage of the bill,
Rep. Whiteford moved to substitute (H-2) the bill.
The question being on the passage of the bill,
Roll Call No. 440 Yeas—81
Albert Ellison LaFave Slagh
Alexander Farrington Lightner Sneller
Allor Filler Manoogian Steckloff
Beeler Fink Markkanen Steenland
Bellino Frederick Martin Stone
Beson Garza Meerman Tate
Bezotte Glenn Morse Thanedar
Bolden Green Mueller Tisdel
Bollin Griffin Neeley VanSingel
Borton Haadsma O’Malley VanWoerkom
Brann Hall O’Neal Wakeman
Breen Hammoud Outman Weiss
Calley Hauck Paquette Wendzel
Cambensy Hertel Pohutsky Wentworth
Carter, T Hope Posthumus Whiteford
Cherry Hornberger Puri Whitsett
Clemente Howell Rendon Witwer
Clements Huizenga Roth Wozniak
Coleman Kahle Sabo Yaroch
Damoose Koleszar Shannon Young
Eisen
Nays—23
Aiyash Carra Kuppa Reilly
Anthony Cavanagh LaGrand Rogers
Berman Hoitenga Lasinski Scott
Brabec Hood Liberati Sowerby
Brixie Johnson, C Maddock Yancey
Camilleri Johnson, S Rabhi
In The Chair: Hornberger
The House agreed to the title of the bill.
Rep. Frederick moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Frederick moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
The motion prevailed.
Notices
The Speaker on the part of the House of Representatives for House Bill No. 4400, appointed Rep. Albert to replace Rep. Steven Johnson as conferee.
The Speaker on the part of the House of Representatives for Senate Bill No. 82, appointed Rep. Albert to replace Rep. Bollin as conferee.
The Speaker on the part of the House of Representatives for House Bill No. 4400, appointed Rep. Tate to replace Rep. Brabec as conferee.
The Speaker on the part of the House of Representatives for Senate Bill No. 82, appointed Rep. Tate to replace Rep. Sabo as conferee.
By unanimous consent the House returned to the order of
Messages from the Senate
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236b, 236c, 241, 245, 245a, 252, 256, 263, 264, 265a, 265b, 267, 268, 269, 270, 270c, 274, 275d, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, 282, 285, and 286 (MCL 388.1836, 388.1836b, 388.1836c, 388.1841, 388.1845, 388.1845a, 388.1852, 388.1856, 388.1863, 388.1864, 388.1865a, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870, 388.1870c, 388.1874, 388.1875d, 388.1875f, 388.1875g, 388.1875h, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1885, and 388.1886), sections 236, 236b, 236c, 241, 245, 245a, 256, 263, 264, 265b, 267, 268, 269, 270, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 270c, 275f, 275g, and 275h as added by 2020 PA 165, section 252 as amended by 2019 PA 162, sections 265a and 274 as amended and section 275d as added by 2019 PA 62, section 285 as amended by 2012 PA 201, and section 286 as amended by 2015 PA 85, and by adding sections 264a and 275j; and to repeal acts and parts of acts.
The Senate has appointed Senator Hertel to replace Senator Irwin as conferee.
The message was referred to the Clerk for record.
Senate Bill No. 82, 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 years ending September 30, 2021 and September 30, 2022; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The Senate has appointed Senator Hertel to replace Senator Irwin as conferee.
The message was referred to the Clerk for record.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, September 14:
House Bill Nos. 5287 5288 5289 5290 5291 5292 5293 5294 5295 5296 5297 5298 5299 5300 5301 5302
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, September 15:
Senate Bill Nos. 639 640 641 642 643 644 645
Reports of Select Committees
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 4400, entitled
A bill to amend 1979 PA 94, entitled
“The state school aid act of 1979,” by amending sections 236, 236b, 236c, 241, 245, 245a, 252, 256, 263, 264, 265a, 265b, 267, 268, 269, 270, 270c, 274, 275d, 275f, 275g, 275h, 276, 277, 278, 279, 280, 281, 282, 285, and 286 (MCL 388.1836, 388.1836b, 388.1836c, 388.1841, 388.1845, 388.1845a, 388.1852, 388.1856, 388.1863, 388.1864, 388.1865a, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870, 388.1870c, 388.1874, 388.1875d, 388.1875f, 388.1875g, 388.1875h, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1885, and 388.1886), sections 236, 236b, 236c, 241, 245, 245a, 256, 263, 264, 265b, 267, 268, 269, 270, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 270c, 275f, 275g, and 275h as added by 2020 PA 165, section 252 as amended by 2019 PA 162, sections 265a and 274 as amended and section 275d as added by 2019 PA 62, section 285 as amended by 2012 PA 201, and section 286 as amended by 2015 PA 85, and by adding sections 264a and 275j; and to repeal acts and parts of acts.
Recommends:
First: That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:
The people of the state of michigan enact:
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, 2021, 2022, from the
funds indicated in this section. The following is a summary of the
appropriations in this section:
(a) The gross appropriation is $425,667,600.00. $431,917,000.00.
After deducting total
interdepartmental grants and intradepartmental transfers in the amount of
$0.00, the adjusted gross appropriation is $425,667,600.00.$431,917,000.00.
(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:
(i) Total federal revenues, $0.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted revenues, $425,667,600.00.$431,917,000.00.
(v) State general fund/general purpose money, $0.00.
(2) Subject to subsection (3), the amount appropriated
for community college operations is $325,440,000.00,
$328,583,400.00, allocated as follows:
(a) The appropriation for Alpena Community College is $5,767,500.00, $5,753,300.00 for operations, $0.00 for
performance funding, and $14,200.00 for costs incurred under the North American
Indian tuition waiver.$5,830,600.00,
$5,753,300.00 for operations, $53,400.00 for 1-time performance funding, and
$23,900.00 for costs incurred under the North American Indian tuition waiver.
(b) The appropriation for Bay de Noc Community College
is $5,719,500.00, $5,602,800.00 for operations,
$0.00 for performance funding, and $116,700.00 for costs incurred under the
North American Indian tuition waiver.$5,772,400.00,
$5,602,800.00 for operations, $58,000.00 for 1-time performance funding, and
$111,600.00 for costs incurred under the North American Indian tuition waiver.
(c) The appropriation for Delta College is $15,208,200.00, $15,160,500.00 for operations, $0.00 for
performance funding, and $47,700.00 for costs incurred under the North American
Indian tuition waiver.$15,364,000.00,
$15,160,500.00 for operations, $143,400.00 for 1-time performance funding, and
$60,100.00 for costs incurred under the North American Indian tuition waiver.
(d) The appropriation for Glen Oaks Community College
is $2,651,200.00, $2,651,200.00 for
operations, $0.00 for performance funding, and $0.00 for costs incurred under
the North American Indian tuition waiver.$2,684,500.00,
$2,651,200.00 for operations, $33,300.00 for 1-time performance funding, and
$0.00 for costs incurred under the North American Indian tuition waiver.
(e) The appropriation for Gogebic Community College is
$4,923,300.00, $4,873,700.00 for
operations, $0.00 for performance funding, and $49,600.00 for costs incurred
under the North American Indian tuition waiver.$4,968,100.00, $4,873,700.00 for operations, $42,400.00 for
1-time performance funding, and $52,000.00 for costs incurred under the North
American Indian tuition waiver.
(f) The appropriation for Grand Rapids Community
College is $19,007,000.00, $18,773,100.00
for operations, $0.00 for performance funding, and $233,900.00 for costs
incurred under the North American Indian tuition waiver.$19,193,200.00, $18,773,100.00 for operations, $221,500.00
for 1-time performance funding, and $198,600.00 for costs incurred under the
North American Indian tuition waiver.
(g) The appropriation for Henry Ford College is $22,557,600.00, $22,533,100.00 for operations, $0.00 for
performance funding, and $24,500.00 for costs incurred under the North American
Indian tuition waiver.$22,753,900.00,
$22,533,100.00 for operations, $205,800.00 for 1-time performance funding, and
$15,000.00 for costs incurred under the North American Indian tuition waiver.
(h) The appropriation for Jackson College is $12,814,200.00, $12,756,200.00 for operations, $0.00 for
performance funding, and $58,000.00 for costs incurred under the North American
Indian tuition waiver.$12,912,300.00,
$12,756,200.00 for operations, $109,900.00 for 1-time performance funding, and
$46,200.00 for costs incurred under the North American Indian tuition waiver.
(i) The appropriation for Kalamazoo Valley Community
College is $13,163,700.00, $13,099,900.00
for operations, $0.00 for performance funding, and $63,800.00 for costs
incurred under the North American Indian tuition waiver.$13,320,400.00, $13,099,900.00 for operations, $134,400.00
for 1-time performance funding, and $86,100.00 for costs incurred under the
North American Indian tuition waiver.
(j) The appropriation for Kellogg Community College is
$10,328,700.00, $10,267,100.00 for
operations, $0.00 for performance funding, and $61,600.00 for costs incurred
under the North American Indian tuition waiver.$10,419,200.00, $10,267,100.00 for operations, $100,800.00
for 1-time performance funding, and $51,300.00 for costs incurred under the
North American Indian tuition waiver.
(k) The appropriation for Kirtland Community College
is $3,394,800.00, $3,358,400.00 for
operations, $0.00 for performance funding, and $36,400.00 for costs incurred
under the North American Indian tuition waiver.$3,404,000.00, $3,358,400.00 for operations, $39,100.00 for
1-time performance funding, and $6,500.00 for costs incurred under the North
American Indian tuition waiver.
(l) The appropriation for Lake Michigan College
is $5,711,300.00, $5,702,700.00 for
operations, $0.00 for performance funding, and $8,600.00 for costs incurred
under the North American Indian tuition waiver.$5,768,200.00, $5,702,700.00 for operations, $52,400.00 for
1-time performance funding, and $13,100.00 for costs incurred under the North
American Indian tuition waiver.
(m) The appropriation for Lansing Community College is
$33,010,000.00, $32,852,000.00 for
operations, $0.00 for performance funding, and $158,000.00 for costs incurred
under the North American Indian tuition waiver.$33,255,300.00, $32,852,000.00 for operations, $280,600.00
for 1-time performance funding, and $122,700.00 for costs incurred under the
North American Indian tuition waiver.
(n) The appropriation for Macomb Community College is $34,319,500.00, $34,276,100.00 for operations, $0.00 for
performance funding, and $43,400.00 for costs incurred under the North American
Indian tuition waiver.$34,629,700.00,
$34,276,100.00 for operations, $330,300.00 for 1-time performance funding, and
$23,300.00 for costs incurred under the North American Indian tuition waiver.
(o) The appropriation for Mid Michigan Community
College is $5,309,200.00, $5,184,400.00 for
operations, $0.00 for performance funding, and $124,800.00 for costs incurred
under the North American Indian tuition waiver.$5,396,300.00, $5,184,400.00 for operations, $58,000.00 for
1-time performance funding, and $153,900.00 for costs incurred under the North
American Indian tuition waiver.
(p) The appropriation for Monroe County Community
College is $4,746,700.00, $4,746,200.00 for
operations, $0.00 for performance funding, and $500.00 for costs incurred under
the North American Indian tuition waiver.$4,798,100.00,
$4,746,200.00 for operations, $51,200.00 for 1-time performance funding, and
$700.00 for costs incurred under the North American Indian tuition waiver.
(q) The appropriation for Montcalm Community College
is $3,577,700.00, $3,570,600.00 for
operations, $0.00 for performance funding, and $7,100.00 for costs incurred
under the North American Indian tuition waiver.$3,612,600.00, $3,570,600.00 for operations, $37,200.00 for
1-time performance funding, and $4,800.00 for costs incurred under the North
American Indian tuition waiver.
(r) The appropriation for C.S. Mott Community College
is $16,464,000.00, $16,440,000.00 for
operations, $0.00 for performance funding, and $24,000.00 for costs incurred
under the North American Indian tuition waiver.$16,623,500.00, $16,440,000.00 for operations, $142,500.00
for 1-time performance funding, and $41,000.00 for costs incurred under the
North American Indian tuition waiver.
(s) The appropriation for Muskegon Community College
is $9,363,000.00, $9,289,100.00 for
operations, $0.00 for performance funding, and $73,900.00 for costs incurred
under the North American Indian tuition waiver.$9,431,700.00, $9,289,100.00 for operations, $85,100.00 for
1-time performance funding, and $57,500.00 for costs incurred under the North
American Indian tuition waiver.
(t) The appropriation for North Central Michigan
College is $3,562,700.00, $3,389,300.00 for
operations, $0.00 for performance funding, and $173,400.00 for costs incurred
under the North American Indian tuition waiver.$3,612,700.00, $3,389,300.00 for operations, $42,200.00 for
1-time performance funding, and $181,200.00 for costs incurred under the North
American Indian tuition waiver.
(u) The appropriation for Northwestern Michigan
College is $9,843,100.00, $9,567,100.00 for
operations, $0.00 for performance funding, and $276,000.00 for costs incurred
under the North American Indian tuition waiver.$9,906,900.00, $9,567,100.00 for operations, $88,600.00 for
1-time performance funding, and $251,200.00 for costs incurred under the North
American Indian tuition waiver.
(v) The appropriation for Oakland Community College is
$22,246,800.00, $22,211,700.00 for
operations, $0.00 for performance funding, and $35,100.00 for costs incurred
under the North American Indian tuition waiver.$22,485,200.00, $22,211,700.00 for operations, $240,000.00
for 1-time performance funding, and $33,500.00 for costs incurred under the
North American Indian tuition waiver.
(w) The appropriation for Schoolcraft College is $13,236,500.00, $13,196,200.00 for operations, $0.00 for
performance funding, and $40,300.00 for costs incurred under the North American
Indian tuition waiver.$13,386,700.00,
$13,196,200.00 for operations, $151,700.00 for 1-time performance funding, and
$38,800.00 for costs incurred under the North American Indian tuition waiver.
(x) The appropriation for Southwestern Michigan
College is $7,016,600.00, $6,979,400.00 for
operations, $0.00 for performance funding, and $37,200.00 for costs incurred
under the North American Indian tuition waiver.$7,081,900.00, $6,979,400.00 for operations, $68,400.00 for
1-time performance funding, and $34,100.00 for costs incurred under the North
American Indian tuition waiver.
(y) The appropriation for St. Clair County Community
College is $7,388,600.00, $7,385,200.00 for
operations, $0.00 for performance funding, and $3,400.00 for costs incurred
under the North American Indian tuition waiver.$7,478,700.00, $7,385,200.00 for operations, $78,400.00 for
1-time performance funding, and $15,100.00 for costs incurred under the North
American Indian tuition waiver.
(z) The appropriation for Washtenaw Community College
is $13,888,200.00, $13,855,900.00 for
operations, $0.00 for performance funding, and $32,300.00 for costs incurred
under the North American Indian tuition waiver.$14,080,600.00, $13,855,900.00 for operations, $189,400.00
for 1-time performance funding, and $35,300.00 for costs incurred under the
North American Indian tuition waiver.
(aa) The appropriation for Wayne County Community
College is $17,608,300.00, $17,593,400.00
for operations, $0.00 for performance funding, and $14,900.00 for costs
incurred under the North American Indian tuition waiver.$17,782,100.00, $17,593,400.00 for operations, $173,700.00
for 1-time performance funding, and $15,000.00 for costs incurred under the
North American Indian tuition waiver.
(bb) The appropriation for West Shore Community
College is $2,612,100.00, $2,585,600.00 for
operations, $0.00 for performance funding, and $26,500.00 for costs incurred
under the North American Indian tuition waiver.$2,630,600.00, $2,585,600.00 for operations, $24,800.00 for
1-time performance funding, and $20,200.00 for costs incurred under the North
American Indian tuition waiver.
(3) The amount appropriated in subsection (2) for
community college operations is $325,440,000.00
$328,583,400.00 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 2020-2021 2021-2022 to
offset certain fiscal year 2020-2021 2021-2022 retirement
contributions is $1,733,600.00, appropriated from the state school aid fund.
(b) For fiscal year 2020-2021,
2021-2022, there is allocated an amount not to exceed $12,394,000.00 $11,700,000.00
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 $83,900,000.00 $87,200,000.00
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, 2021.2022.
(7) The amount appropriated for pregnant and parenting student services is $500,000.00, appropriated from the state school aid fund, and subject to the conditions of the pregnant and parenting student services act, 2004 PA 500, MCL 390.1591 to 390.1596.
Sec. 201e. (1) In addition to the funds appropriated under section 201(2) for community college operations, for the fiscal year ending September 30, 2021 only, there is appropriated an amount not to exceed $12,696,000.00 from the state school aid fund for operational support payments. These funds are intended to be used for the same purposes as the funds appropriated under section 201(2) for community college operations.
(2) From the amount appropriated under subsection (1), each community college is allocated the following:
(a) Alpena Community College, $225,700.00.
(b) Bay de Noc Community College, $219.800.00.
(c) Delta College, $594,700.00.
(d) Glen Oaks Community College, $104,000.00.
(e) Gogebic Community College, $191,100.00.
(f) Grand Rapids Community College, $736,400.00.
(g) Henry Ford College, $883,900.00.
(h) Jackson College, $500,400.00.
(i) Kalamazoo Valley Community College, $513,900.00.
(j) Kellogg Community College, $402,700.00.
(k) Kirtland Community College, $131,700.00.
(l) Lake Michigan College, $223,700.00.
(m) Lansing Community College, $1,288,700.00.
(n) Macomb Community College, $1,344,500.00.
(o) Mid Michigan Community College, $203,400.00.
(p) Monroe County Community College, $186,200.00.
(q) Montcalm Community College, $140,100.00.
(r) C.S. Mott Community College, $644,900.00.
(s) Muskegon Community College, $364,400.00.
(t) North Central Michigan College, $133,000.00.
(u) Northwestern Michigan College, $375,300.00.
(v) Oakland Community College, $871,300.00.
(w) Schoolcraft College, $517,700.00.
(x) Southwestern Michigan College, $273,800.00.
(y) St. Clair County Community College, $289,700.00.
(z) Washtenaw Community College, $543,500.00.
(aa) Wayne County Community College, $690,100.00.
(bb) West Shore Community College, $101,400.00.
Sec. 206.
(1) The Except for the funds appropriated in section 201(4)(b), the
funds appropriated in section 201 are
appropriated for community colleges with fiscal years ending June 30, 2021 2022 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, 2020.
2021. Each community college shall accrue its July and
August 2021 2022 payments to
its institutional fiscal year ending June 30, 2021.2022.
(2) The funds appropriated in section 201(4)(b) are appropriated for community colleges with fiscal years ending June 30, 2022 and shall be distributed to the respective community colleges in quarterly installments on the sixteenth of each November, February, May, and August. Each community college shall accrue its August 2022 payments to its institutional fiscal year ending June 30, 2022.
(3) (2) If the state budget director determines that a
community college failed to submit any of the following information described in subdivisions (a) to (f) in the form and manner specified by the center, the
state treasurer shall, subject to subdivision
(g), subsection (4), 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 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.
(4) (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 under subsection (3).
Sec. 207a.
All of the The following
apply to the allocation of the fiscal year 2020-2021
2021-2022 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) 201(4)(a) 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.
(c) The amount allocated to each participating community college under section 201(4)(b) shall be based on each college’s reported quarterly payroll for members for the current fiscal year.
Sec. 207b.
All of the following apply to the allocation of the fiscal year 2020-2021 2021-2022
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 2020-2021
2021‑2022 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 2020 2021 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 information available through a link on its website homepage, and shall also submit this information, and the information described in subsections (4) and (5), to the state budget director, who will compile the information it receives into a single report for all community colleges and will submit the report to the house and senate appropriations subcommittees on community colleges and the house and senate fiscal agencies:
(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 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 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.
(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, 2020 2021 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. 210b.
By March 1 of each year, the Michigan Community College Association and the Michigan
Association of State Universities 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
on the activities and programs of the
transfer steering committee focused on
improving transfer student outcomes since
March 1 of the previous year, including all of the following:
(a) The alignment
of learning outcomes in gateway direct
transferability of mathematics gateway courses in the quantitative reasoning, college algebra, and
statistics pathways and the transferability of mathematics gateway courses between and among community colleges and universities.
(b) The development
of program-specific, statewide transfer pathways that meet program requirements
for both associate and bachelor’s degree programs.implementation of MiTransfer pathways.
(c) The development
of an enhanced online communication tool to share information about
postsecondary options in Michigan, course equivalencies, and transfer pathways
that are clearly articulated.progress
on increasing participation in MiTransfer pathways among community colleges and
public universities.
(d) The establishment
of clear timelines for developing and implementing transfer pathways.implementation of the Michigan Transfer Network at
mitransfer.org.
(e) A progress report on the implementation of the
Michigan transfer agreement.
Sec. 210g. By November 1 of each year, each community college seeking an articulation agreement with a university for a bachelor of science in nursing program shall produce a summary of efforts made to establish an articulation agreement with any public or independent university in this state, including, but not limited to, the number of universities contacted, the number of articulation agreements confirmed, and limitations to confirming an articulation agreement if they exist. Each community college shall submit this summary to the house and senate appropriations subcommittees on community colleges, the house and senate fiscal agencies, and the state budget director, as applicable.
Sec. 210h. (1) If a community college that receives an appropriation in section 201 establishes a mandatory COVID-19 vaccine policy, it shall provide exemptions to that policy to the following students:
(a) Any student for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the student’s health or is not appropriate.
(b) Any student who provides a written statement to the effect that the requirements of the COVID‑19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.
(2) It must be presumed that a student who requests an exemption under subsection (1) is entitled to that exemption. The community college shall grant that student’s request unless it determines by clear and convincing evidence that the student is not entitled to that exemption.
(3) A community college shall not deny a student’s request for an exemption until it has exhausted every reasonable accommodation.
(4) If a community college denies a student’s request for an exemption, the community college shall issue a report fully explaining its reasons for the denial. That report must describe all reasonable accommodations the community college offered the student and the student’s response.
(5) Every community college shall submit a written report regarding its actions taken under this section no later than March 15 of each year to the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget director. This annual report must include the following information, which may be obtained from any reliable source that complies with applicable laws regarding student privacy:
(a) The number of students who have requested an exemption from the community college’s COVID-19 vaccine policy.
(b) The number of students who have been granted an exemption.
Sec. 220.
(1) The As provided for under section 1 of 2003 PA 1, MCL 13.101, pursuant
to section 53 of article IV of the state constitution of 1963, the auditor general or a certified public accountant
appointed by the auditor general may conduct performance audits of community
colleges as the auditor general considers necessary.
(2) Within 60 days after an audit report is released by the office of the auditor general, the principal executive officer of the community college that was audited shall submit to the house and senate appropriations committees, the house and senate fiscal agencies, the auditor general, and the state budget director a plan to comply with audit recommendations. The plan shall contain projected dates and resources required, if any, to achieve compliance with the audit recommendations, or a documented explanation of the college’s noncompliance with the audit recommendations concerning the matters on which the audited community college and office of the auditor general disagree.
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 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 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 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 By January 1 of each year, 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. 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.By September 30, 2022,
each community college receiving an appropriation in section 201 shall do both
of the following:
(a) Submit a report to the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget director describing all federal funds the community college received, including the amounts, related to the COVID-19 pandemic, including, but not limited to, any federal funds received from the coronavirus relief fund under the coronavirus aid, relief, and economic security act, Public Law 116-136, and similar federal relief packages.
(b) Post the information contained in the report described in subdivision (a) on the public transparency website described in section 209.
Sec. 226d.
By It
is the intent of the legislature that by February
1, 2021, 2022, 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. 226f. (1) From the funds appropriated for pregnant and parenting student services in section 201, a community college may establish and operate a pregnant and parenting student services office. If established, an office shall meet all of the following:
(a) Be located on the campus of the community college.
(b) Annually assess the performance of the community college and the office in meeting all of the following needs of students on campus who are pregnant or who are a custodial parent or legal guardian of a minor:
(i) Comprehensive student health care.
(ii) Family housing.
(iii) Child care.
(iv) Flexible or alternative academic scheduling.
(v) Education concerning responsible parenting for mothers and fathers.
(c) Identify public and private service providers qualified to meet the needs described in subdivision (b), both on campus and within the local community, and establish programs with qualified providers it selects to meet those needs.
(d) Assist students in locating and obtaining services that meet 1 or more of the needs described in subdivision (b).
(e) If appropriate, provide referrals on prenatal care and delivery, infant or foster care, adoption, and family planning, to individual students who request that information. An office shall not provide referrals for abortion services.
(2) By December 1, 2022, a community college that establishes a pregnant and parenting student services office shall report to the house and senate appropriations subcommittees on community colleges, the house and senate fiscal agencies, and the state budget director all of the following:
(a) An itemized list of office expenditures during the preceding fiscal year.
(b) A review and evaluation of the performance of the office in fulfilling its obligations under this section.
(c) The number of students served by the office.
Sec. 226g. (1) It is the intent of the legislature that each community college adopt an advocacy policy applicable to faculty, staff, students, student employees, visitors, and contractors by January 1, 2022 and comply with all other requirements of this section.
(2) An advocacy policy established under subsection (1) should include, but is not limited to, policies for distribution and self-distribution of printed political or advocacy materials related to First Amendment activities and political demonstrating. The policy should include a process for filing a complaint or reporting a violation of the advocacy policy and identify the community college staff responsible for investigating complaints and violations. The advocacy policy should include the effective date and be posted on the community college’s website.
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) 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 2020-2021 2021-2022 appropriations
for the department of technology, management, and budget are appropriations
totaling $35,696,200.00 $32,681,600.00 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, $701,800.00.$933,000.00.
(b) Bay de Noc Community College, $686,600.00.$538,000.00.
(c) Delta College, $3,845,000.00.$2,706,700.00.
(d) Glen Oaks Community College, $124,700.00.$128,500.00.
(e) Gogebic Community College, $56,800.00.$58,500.00.
(f) Grand Rapids Community College, $2,604,800.00.$1,210,000.00.
(g) Henry Ford College, $1,042,600.00.$1,073,900.00.
(h) Jackson College, $2,194,800.00.$2,260,600.00.
(i) Kalamazoo Valley Community College, $1,969,600.00.$2,028,700.00.
(j) Kellogg Community College, $688,600.00.$709,300.00.
(k) Kirtland Community College, $228,200.00.$235,000.00.
(l) Lake Michigan College, $1,032,500.00.$1,009,100.00.
(m) Lansing Community College, $1,157,200.00.$1,191,900.00.
(n) Macomb Community College, $1,672,400.00.$1,722,600.00.
(o) Mid Michigan Community College, $1,637,900.00.$1,687,100.00.
(p) Monroe County Community College, $1,585,200.00.$1,608,700.00.
(q) Montcalm Community College, $984,800.00.$465,900.00.
(r) C.S. Mott Community College, $2,157,600.00.$2,196,900.00.
(s) Muskegon Community College, $996,000.00.$1,025,800.00.
(t) North Central Michigan College, $694,700.00.$502,500.00.
(u) Northwestern Michigan College, $1,857,000.00.$1,866,800.00.
(v) Oakland Community College, $471,600.00.$0.00.
(w) Schoolcraft College, $1,770,800.00.$1,824,000.00.
(x) Southwestern Michigan College, $834,200.00.$859,200.00.
(y) St. Clair County Community College, $758,600.00.$750,100.00.
(z) Washtenaw Community College, $1,699,800.00.$1,792,600.00.
(aa) Wayne County Community College, $1,482,800.00.$1,527,300.00.
(bb) West Shore Community College, $759,600.00.$768,900.00.
Sec. 230. (1) With the exception of fiscal year 2020-2021, and subject to subsection (4), money included in the appropriations for community college operations under section 201(2) for performance funding is distributed based on the following formula:
(a) Allocated proportionate to fiscal year 2018-2019 2020-2021
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, 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%.
(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, 2020, 2021, 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 2019-2020 2020-2021
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.subsection.
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, 2021, 2022, from the funds indicated in
this section. The following is a summary of the appropriations in this section
and section 236h:
(a) The gross appropriation is $1,699,925,400.00.
$1,808,251,200.00. After deducting total interdepartmental grants
and intradepartmental transfers in the amount of $0.00, the adjusted gross
appropriation is $1,699,925,400.00.$1,808,251,200.00.
(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:
(i) Total federal revenues, $126,026,400.00.$128,526,400.00.
(ii) Total local revenues, $0.00.
(iii) Total private revenues, $0.00.
(iv) Total other state restricted
revenues, $356,063,300.00.$361,403,300.00.
(v) State general fund/general
purpose money, $1,217,835,700.00.$1,318,321,500.00.
(2) Amounts appropriated for public universities are as follows:
(a) The appropriation for Central Michigan
University is $89,564,500.00, $87,600,000.00 for operations, $0.00 for
performance funding, and $1,964,500.00 for costs incurred under the North American Indian tuition waiver.$90,440,500.00,
$87,600,000.00 for operations, $876,000.00 for 1-time supplemental funding, and
$1,964,500.00 for costs incurred under the North American Indian tuition
waiver.
(b) The appropriation for Eastern Michigan
University is $77,555,200.00, $77,253,700.00 for operations, $0.00 for
performance funding, and $301,500.00 for costs incurred under the North
American Indian tuition waiver.$78,305,900.00, $77,253,700.00 for operations,
$772,500.00 for 1-time supplemental funding, and $279,700.00 for costs incurred
under the North American Indian tuition waiver.
(c) The appropriation for Ferris State
University is $55,934,300.00, $55,025,500.00 for operations, $0.00 for performance
funding, and $908,800.00 for costs incurred under the North American Indian
tuition waiver.$56,541,600.00, $55,025,500.00 for operations,
$550,300.00 for 1-time supplemental funding, and $965,800.00 for costs incurred
under the North American Indian tuition waiver.
(d) The appropriation for Grand Valley
State University is $73,490,700.00, $72,313,500.00 for operations, $0.00 for
performance funding, and $1,177,200.00 for costs incurred under the North
American Indian tuition waiver.$74,213,800.00, $72,313,500.00 for
operations, $723,100.00 for 1-time supplemental funding, and $1,177,200.00 for
costs incurred under the North American Indian tuition waiver.
(e) The appropriation for Lake Superior
State University is $15,252,100.00, $13,307,000.00 for operations, $0.00 for
performance funding, and $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.$14,366,600.00, 13,307,000.00
for operations, $133,100.00 for 1-time supplemental funding, and $926,500.00
for costs incurred under the North American Indian tuition waiver.
(f) The
appropriation for Michigan State University is $354,009,100.00,
$287,331,700.00 for operations, $0.00 for performance funding, $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.$357,862,000.00,
$287,331,700.00 for operations, $2,873,300.00 for 1-time supplemental funding,
$1,932,800.00 for costs incurred under the North American Indian tuition
waiver, $35,286,700.00 for MSU AgBioResearch, and $30,437,500.00 for MSU
Extension.
(g) The appropriation for Michigan
Technological University is $50,795,200.00, $50,101,600.00 for operations,
$0.00 for performance funding, and $693,600.00 for costs incurred under the
North American Indian tuition waiver.$51,371,900.00, $50,101,600.00 for
operations, $501,000.00 for 1-time supplemental funding, and $769,300.00 for
costs incurred under the North American Indian tuition waiver.
(h) The appropriation for Northern
Michigan University is $48,869,700.00, $47,809,100.00 for operations, $0.00
for performance funding, and $1,060,600.00 for costs incurred under the North
American Indian tuition waiver.$49,338,700.00, $47,809,100.00 for
operations, $478,100.00 for 1-time supplemental funding, and $1,051,500.00 for
costs incurred under the North American Indian tuition waiver.
(i) The appropriation for Oakland
University is $53,413,500.00, $53,147,400.00 for operations, $0.00 for
performance funding, and $266,100.00 for costs incurred under the North
American Indian tuition waiver.$54,012,900.00, $53,147,400.00 for
operations, $531,500.00 for 1-time supplemental funding, and $334,000.00 for costs
incurred under the North American Indian tuition waiver.
(j) The appropriation for Saginaw Valley
State University is $30,803,300.00, $30,583,800.00 for operations, $0.00 for
performance funding, and $219,500.00 for costs
incurred under the North American Indian tuition waiver.$31,043,500.00,
$30,583,800.00 for operations, $305,800.00 for 1-time supplemental funding, and
$153,900.00 for costs incurred under the North American Indian tuition waiver.
(k) The appropriation for University of
Michigan – Ann Arbor is $322,931,100.00, $321,970,100.00 for operations,
$0.00 for performance funding, and $961,000.00 for costs incurred under the
North American Indian tuition waiver.$326,265,400.00, $321,970,100.00
for operations, $3,219,700.00 for 1-time supplemental funding, and
$1,075,600.00 for costs incurred under the North American Indian
tuition waiver.
(l) The appropriation for
University of Michigan – Dearborn is $26,334,800.00, $26,167,000.00 for
operations, $0.00 for performance funding, and $167,800.00 for costs incurred
under the North American Indian tuition waiver.$26,593,700.00,
$26,167,000.00 for operations, $261,700.00 for 1-time supplemental funding, and
$165,000.00 for costs incurred under the North American Indian
tuition waiver.
(m) The appropriation for University of
Michigan – Flint is $23,964,400.00, $23,616,200.00 for operations, $0.00 for
performance funding, and $348,200.00 for costs incurred under the North
American Indian tuition waiver.$24,197,400.00, $23,616,200.00 for
operations, $236,200.00 for 1-time supplemental funding, and $345,000.00 for
costs incurred under the North American Indian tuition waiver.
(n) The appropriation for Wayne State
University is $203,458,900.00, $202,996,700.00 for operations, $0.00 for
performance funding, and $462,200.00 for costs incurred under the North
American Indian tuition waiver.$205,496,400.00, $202,996,700.00 for
operations, $2,030,000.00 for 1-time supplemental funding, and $469,700.00 for
costs incurred under the North American Indian tuition
waiver.
(o) The appropriation for Western Michigan
University is $112,363,900.00, $111,522,200.00 for operations, $0.00 for
performance funding, and $841,700.00 for costs incurred under the North
American Indian tuition waiver.$113,432,700.00, $111,522,200.00 for
operations, $1,115,200.00 for 1-time supplemental funding, and $795,300.00 for
costs incurred under the North American Indian tuition waiver.
(3) The amount appropriated in subsection
(2) for public universities is $1,538,740,700.00, $1,553,483,000.00, appropriated
from the following:
(a) State school aid fund, $343,168,300.00.$343,168,300.00.
(b) State general fund/general purpose
money, $1,195,572,400.00.$1,210,314,700.00.
(4) The amount appropriated for Michigan
public school employees’ retirement system reimbursement is $11,695,000.00, $13,495,000.00,
appropriated from the state school aid fund.
(5) The amount appropriated for state and
regional programs is $315,000.00, $316,800.00, 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.$116,800.00.
(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, $147,783,200.00,
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.$71,300,000.00.
(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, $122,826,400.00.$125,326,400.00.
(c) State general fund/general purpose money, $19,256,800.00.
(9) For fiscal year 2020-2021 2021-2022
only, in addition to the allocation under subsection (4), from the
appropriations described in subsection (1), there is allocated an amount not to
exceed $1,200,000.00 $4,740,000.00 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) The amount appropriated for pregnant and parenting student services is $500,000.00, appropriated from the state general fund/general purpose money, and subject to the conditions of the pregnant and parenting student services act, 2004 PA 500, MCL 390.1591 to 390.1596.
(11) The amount of one-time funding appropriated for the Japan Center for Michigan Universities is $500,000.00, appropriated from the state general fund/general purpose money and allocated to support the operations of the Japan Center.
Sec.
236b. In addition to the funds appropriated in section 236, there is
appropriated for grants and financial aid in fiscal year 2020-2021 2021-2022
an amount not to exceed $6,000,000.00 for federal contingency funds. authorization.
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 2020-2021 2021-2022
in section 236, appropriations to the department of technology, management,
and budget in the act providing general appropriations for fiscal year 2020-2021
2021-2022 for state building authority rent, totaling an estimated $145,848,500.00
$130,595,300.00 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, $13,078,900.00.$13,227,700.00.
(b) Eastern Michigan University, $7,074,300.00.$6,168,300.00.
(c) Ferris State University, $7,939,200.00.$8,104,200.00.
(d) Grand Valley State University, $7,229,800.00.$7,380,000.00.
(e) Lake Superior State University, $1,805,200.00.$1,842,700.00.
(f) Michigan State University, $15,199,500.00.$17,351,100.00.
(g) Michigan Technological University, $6,805,300.00.$3,488,700.00.
(h) Northern Michigan University, $7,334,200.00.$7,486,500.00.
(i) Oakland University, $12,708,600.00.$9,059,800.00.
(j) Saginaw Valley State University, $7,907,100.00.$8,009,900.00.
(k) University of Michigan - Ann Arbor, $9,644,100.00.$10,459,000.00.
(l) University of Michigan -
Dearborn, $11,106,100.00.$11,336,800.00.
(m) University of Michigan - Flint, $6,413,000.00.$6,546,200.00.
(n) Wayne State University, $16,610,900.00.$10,489,800.00.
(o) Western Michigan University, $14,989,300.00.$9,644,600.00.
Sec. 236h. (1) For fiscal year 2021-2022 only, in addition to the allocations under section 236(4) and (9), there is allocated an amount not to exceed $84,741,700.00 for payments to participating public universities, appropriated from the state general fund/general purpose money. A university that receives money under this subsection shall use that money solely for the purpose of payments toward the pension and other postemployment benefit unfunded actuarial accrued liabilities associated with members and pension recipients of those participating public universities. As used in this section, “participating public universities” means public universities that are reporting units 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.
(2) The amount allocated in subsection (1) shall be allocated to each participating public university based on each participating public university’s percentage of the total combined payrolls of the universities’ employees who are members of the retirement system and who were hired before January 1, 1996 and the universities’ employees who would have been members of the retirement system on or after January 1, 1996, but for the enactment of 1995 PA 272 for all public universities that are participating public universities for the immediately preceding state fiscal year.
(3) Participating public universities receiving funds under this section shall forward an amount equal to the amount allocated under subsection (1) to the retirement system in a form, manner, and time frame determined by the retirement system.
(4) Amounts allocated in subsection (1) shall be paid to participating public universities in 1 lump sum installment no later than December 31, 2021.
Sec. 236i. (1) In addition to the funds appropriated under section 236(2) for university operations, for the fiscal year ending September 30, 2021 only, there is appropriated an amount not to exceed $57,304,000.00 from the state general fund/general purpose money for operational support payments. These funds are intended to be used for the same purposes as the funds appropriated under section 201(2) for university operations.
(2) From the amount appropriated in subsection (1), each university is allocated the following:
(a) Central Michigan University, $3,437,300.00.
(b) Eastern Michigan University, $3,030,400.00.
(c) Ferris State University, $2,158,400.00.
(d) Grand Valley State University, $2,836,600.00.
(e) Lake Superior State University, $525,900.00.
(f) Michigan State University, $11,270,800.00.
(g) Michigan Technological University, $1,965,300.00.
(h) Northern Michigan University, $1,875,400.00.
(i) Oakland University, $2,084,800.00.
(j) Saginaw Valley State University, $1,199,700.00.
(k) University of Michigan – Ann Arbor, $12,629,500.00.
(l) University of Michigan – Dearborn, $1,026,400.00.
(m) University of Michigan – Flint, $926,400.00.
(n) Wayne State University, $7,962,600.00.
(o) Western Michigan University, $4,374,500.00.
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, 2020. 2021. Except
for Wayne State University, each institution shall accrue its July and August 2021
2022 payments to its institutional
fiscal year ending June 30, 2021.2022.
(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, these data shall be submitted to the state budget director by November
15 for fiscal year 2020-2021 and October 15 of each fiscal year. thereafter.
Public universities with a fiscal year ending September 30, 2020 2021
shall submit preliminary HEIDI data by November 15, 2020 2021 and
final data by December 15, 2020. 2021. 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. 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. In addition, each public university shall submit the information described in subsections (2), (3), (6), and (7) to the state budget director, who will compile the information into a single report for all public universities and will submit the report to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies.
(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 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 email 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.
(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, 2020 2021 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) 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) Be a United States citizen and a resident of this state according to institutional criteria.
(iii) 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 10 years after initial enrollment at a participating educational institution.
(iv) 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 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 provide the highest level of participation and ensure that all requirements of the program are met.
(8) 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 before 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) 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.
(12) Beginning in fiscal year
2020-2021, if If a qualified postsecondary institution does not
report the data necessary to complete the reporting in subsection (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 continue 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,
including free or reduced tuition programs provided by community colleges and
universities in this state.
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 School Counselors, 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 students in grades 9 through 12 and 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) Links to each promise zone website and the financial aid website to each community college, public university, and independent college and university in this state.
(d) (c) Benefits
of federal student loans that may no longer be available if a borrower
refinances a loan.
(e) (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.A link to the federal Public Service Loan Forgiveness
Program.
(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.
(4) By November 1 of each year, the department of treasury shall inform each high school in this state about the website described in this section and encourage them to distribute the information to all students in grades 9 through 12.
Sec.
263. (1) Included in the appropriation in section 236 for fiscal year 2020-2021
2021-2022 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 2020-2021 2021-2022
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 236 for 1-time supplemental funding for
fiscal year 2021-2022, and payments under section 265a for performance
funding for fiscal years 2020-2021, 2021-2022, and 2022-2023 and 2023-2024, shall only
be made to a public university that certifies to the state budget director by October 1, 2020 2021 that
its board did not adopt an increase in tuition and fee rates for resident
undergraduate students after September 1, 2019 2020 for the 2019-2020
2020-2021 academic year and that its board will not adopt an
increase in tuition and fee rates for resident undergraduate students for the 2020-2021
2021-2022 academic year that is greater than 4.25% or $586.00, 4.2%
or $590.00, 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 2020-2021
2021-2022 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 236 for 1-time supplemental funding or 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
2021-2022, year 2022-2023 , or 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, 2021 2022 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, 2020 2021
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 Each 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, 2020.2021.
(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 2020-2021 2021-2022 as part of their higher education
institutional data inventory (HEIDI) data by October 1, 2020, 2021, and by the last business day of August each year thereafter.
A public university shall report any revisions
for any semester of the reported academic year 2020-2021 2021-2022 tuition
and fee charges to HEIDI within 15 days of being adopted.
Sec.
268. (1) For the fiscal year ending September 30, 2021, 2022, 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 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 By January 1 of each year,
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 2020-2021, 2021-2022, from the amount
appropriated in section 236 to Central Michigan University for costs incurred
under the North American Indian tuition waiver, $79,700.00 $82,400.00
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.
270c. For fiscal year 2020-2021, 2021-2022, 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.
274. It is the intent of the legislature that public and private organizations
that conduct human embryonic stem cell derivation subject to section 27 of article
I of the state constitution of 1963 will provide information to the director of
the department of health and human services by December 1, 2019 2021 that
includes all of the following:
(a) Documentation that the organization conducting human embryonic stem cell derivation is conducting its activities in compliance with the requirements of section 27 of article I of the state constitution of 1963 and all relevant National Institutes of Health guidelines pertaining to embryonic stem cell derivation.
(b) A list of all human embryonic stem
cell lines submitted by the organization to the National Institutes of Health
for inclusion in the Human Embryonic Stem Cell Registry before and during
fiscal year 2018-2019, 2020-2021, and the status of each
submission as approved, pending approval, or review completed but not yet
accepted.
(c) Number of human embryonic stem cell
lines derived and not submitted for inclusion in the Human Embryonic Stem Cell
Registry, before and during fiscal year 2018-2019.2020-2021.
Sec.
274d. (1) By October 31 of each year, each university receiving funds
under section 236 shall report to the senate and house appropriations
subcommittees on higher education, the senate and house fiscal agencies, the
state budget director, and the attorney general its annual title IX security
report, also known as the student sexual misconduct report, issued by
the title IX coordinator, Clery Act Report, as required under the
federal campus save act of 2013, Public Law 113-4, section 304, 127 Stat 54, 89-92
(2013).20 USC 1092(f).
(2) For purposes of the report required under subsection (1), each university shall include a title IX summary report that includes all of the following information:
(a) The amounts and descriptions of all
fees incurred in title IX-related civil and criminal litigation.
(b) The number of title IX complaints.
(c) The average length of time for investigation and resolution of title IX complaints.
(d) The aggregate number of title IX
cases, investigations, and complaints for each of the categories described in subparagraphs (i) to (iii), (v),
subject to subparagraph (iv), (vi), as follows:
(i) Cases investigated for less than 15 days.
(ii) Cases investigated for at least 15 days and less than 30 days.
(iii) (ii) Cases investigated for at least 30 days
and less than 60 days.
(iv) Cases investigated for at least 60 days and less than 90 days.
(v) (iii) Cases investigated for 90 days or more.
(vi) (iv) If, for any category of cases under
subparagraphs (i) to (iii), (v), there is an
aggregate of fewer than 5 cases investigated, the university shall not report
the aggregate number of cases and instead shall report that fewer than 5 cases
were investigated.
(e) The number of title IX appeals and the resolutions of those appeals.
(f) The number of title IX-related complaints filed by the university with law enforcement agencies.
Sec.
275d. The legislature urges each university that receives A public
university receiving an appropriation in section 236 to shall not
take disciplinary action against an employee for communicating with a member of
the legislature or a legislator’s staff.
Sec.
275f. By It is the intent of the legislature that by February 1, 2021,
2022, 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, 2022, each public
university receiving an appropriation in section 236 shall submit do
both of the following:
(a) 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.describing all federal funds the university received,
including the amounts, related to the COVID-19 pandemic, including, but not
limited to, any federal funds received from the coronavirus relief fund under
the coronavirus aid, relief, and economic security act, Public Law 116-136, and
similar federal relief packages.
(b) Post the information contained in the report described in subdivision (a) on the public transparency website described in section 245.
Sec.
275h. (1) 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.that each
public university adopt an advocacy policy applicable to faculty, staff,
students, student employees, visitors, and contractors by January 1, 2022 and comply
with all other requirements of this section.
(2) An advocacy policy established under subsection (1) should include, but is not limited to, policies for distribution and self-distribution of printed political or advocacy materials, related First Amendment activities, and political demonstrating. The policy should include a process for filing a complaint or reporting a violation of the advocacy policy and identify the public university staff responsible for investigating complaints and violations. The advocacy policy should include the effective date and be posted on the university’s website.
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.
(1) If a public university that receives an appropriation in section 236 establishes a mandatory COVID-19 vaccine policy, it shall provide exemptions to that policy to the following students:
(a) Any student for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the student’s health or is not appropriate.
(b) Any student who provides a written statement to the effect that the requirements of the COVID‑19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.
(2) It must be presumed that a student who requests an exemption under subsection (1) is entitled to that exemption. The public university shall grant that student’s request unless it determines by clear and convincing evidence that the student is not entitled to that exemption.
(3) A public university shall not deny a student’s request for an exemption until it has exhausted every reasonable accommodation.
(4) If a public university denies a student’s request for an exemption, the public university shall issue a report fully explaining its reasons for the denial. That report must describe all reasonable accommodations the public university offered the student and the student’s response.
(5) Every public university shall submit a written report regarding its actions taken under this section no later than March 15 of each year to the senate and house appropriations subcommittees on higher education, the senate and house fiscal agencies, and the state budget director. This annual report must include the following information, which may be obtained from any reliable source that complies with applicable laws regarding student privacy:
(a) The number of students who have requested an exemption from the public university’s COVID‑19 vaccine policy.
(b) The number of students who have been granted an exemption.
Sec. 275j. (1) Subject to section 282, appropriations in section 236 for the pregnant and parenting student support services program are 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 an individual institution must not be greater than $50,000.00, and the amount awarded must be matched on a 70% state, 30% college or university basis.
(3) The department of labor and economic opportunity shall administer the program. All of the following apply to the program:
(a) The institution shall provide a
physical location for the program on its campus.
(b) The department of labor and economic opportunity shall annually assess the performance of the institution in meeting the following needs of students on campus who are pregnant or who are a custodial parent or legal guardian of a minor:
(i) Comprehensive student health care.
(ii) Family housing.
(iii) Child care.
(iv) Flexible or alternative academic scheduling.
(v) Education concerning responsible parenting for mothers and fathers.
(c) The institution shall identify public and private service providers qualified to meet the needs described in subdivision (b), both on campus and within the local community, and establish programs with qualified providers it selects to meet those needs.
(d) The institution shall assist students in locating and obtaining services that meet 1 or more of the needs described in subdivision (b).
(e) If appropriate, the institution shall provide referrals on prenatal care and delivery, infant or foster care, adoption, and family planning to individual students who request that information. An approved program shall not provide referrals for abortion services.
(4) By December 1, 2022, institutions that establish a pregnant and parenting student support services program shall report to the house and senate subcommittees on higher education, the house and senate fiscal agencies, and the state budget director all of the following:
(a) A review and evaluation of the performance of the program in fulfilling its goals and objectives.
(b) The number of students served.
(c) The number and percentage of program graduates.
Sec.
276. (1) Included in the appropriation for fiscal year 2020-2021 2021-2022
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 in this state.
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 department of labor and economic opportunity. The department of labor and economic opportunity shall use a good faith effort standard to evaluate whether a fellowship is in default. All of the following apply to the program:
(a) By April 15 of each year, public universities shall report any anticipated unexpended or unencumbered program funds to the department of labor and economic opportunity. Encumbered funds are those funds that were committed by a fellowship agreement that is signed during the current fiscal year or administrative expenses that have been approved by the department of labor and economic opportunity.
(b) Before August 1, 2022, unexpended or unencumbered funds may be transferred, under the direction of the department of labor and economic opportunity, to a future faculty program at another university to be awarded to an eligible candidate at that university.
(c) Program allocations not expended or encumbered by September 30, 2022 must be returned to the department of labor and economic opportunity so that those funds may lapse to the state general fund.
(d) Not more than 5% of each public university’s allocation for the program may be used for administration of the program.
Sec.
277. (1) Included in the appropriation for fiscal year 2020-2021 2021-2022
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 in this state. 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 department of labor and economic opportunity.
Sec.
278. (1) Included in section 236 for fiscal year 2020-2021 2021-2022 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 department of labor and economic opportunity.
Sec.
279. (1) Included in section 236 for fiscal year 2020-2021 2021-2022 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 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 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 department of labor and economic opportunity.
Sec.
280. (1) Included in the appropriation for fiscal year 2020-2021 2021-2022
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 department of labor and economic opportunity.
(3) The amount allocated to each university is $9,994.00. Each university receiving funds for fiscal year 2021-2022 under this section shall report to the department of labor and economic opportunity by April 15, 2022 the amount of its unobligated and unexpended funds as of March 31, 2022 and a plan to expend the remaining funds by the end of the fiscal year. The amount of funding reported as not being expended may be transferred, under the direction of the department, to another university for use under this section.
Sec.
281. (1) Included in the appropriation for fiscal year 2020-2021 2021-2022
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 and teach 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 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 department of labor and economic opportunity.
(3) Approved teacher education institutions may and are encouraged to use select 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.By not later than December 15 of each
year, 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 containing, at a minimum, all of the following information for the
preceding academic year:
(a) For the future faculty program detailed in section 276, all of the following:
(i) The number of program applications received.
(ii) The number of fellowships awarded.
(iii) The total amount of fellowship funding awarded.
(iv) The number of degrees conferred to fellowship recipients.
(v) The number of fellowship recipients still pursuing a degree.
(b) For the college day program detailed in section 277, all of the following:
(i) The number of students served.
(ii) The amount of grant funding received for the program and the amount of matching funds from each source.
(iii) The number of participating school districts.
(iv) College enrollment data of students served.
(v) A summary of progress toward meeting the goals and objectives of the program.
(c) For the select student support services program detailed in section 278, all of the following:
(i) The number of students served.
(ii) The amount of grant funding received for the program and the amount of any university matching funds for the program.
(iii) The number and percentage of program participants who graduated.
(iv) A summary of progress toward meeting the goals and objectives of the program.
(d) For the college/university partnership program detailed in section 279, all of the following:
(i) The number of students served.
(ii) The number of bachelor degrees conferred to program participants.
(iii) The 6-year graduation rate of program participants.
(iv) The amount of any university matching funds for the program.
(v) A summary of progress toward meeting the goals and objectives of the program.
(e) For the visiting professors program detailed in section 280, all of the following:
(i) The number of students served.
(ii) The number of instructors hired using program funds.
(iii) The number of classes taught by instructors hired using program funds.
(iv) The amount of any university matching funds for the program.
(v) A summary of progress toward meeting the goals and objectives of the program.
(f) For the educator development program detailed in section 281, all of the following:
(i) The number of students participating in the program.
(ii) The number of education-related bachelor degrees conferred to participants in the program.
(iii) A summary of progress toward meeting the goals and objectives of the program.
(2) By not later than February 15 of each year, the department of labor and economic opportunity shall submit both of the following to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director:
(a) A compilation of all reports submitted
to the department under subsection (1) in the immediately preceding year.
(b) A separate report produced by the department containing all of the following information relative to the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks initiatives:
(i) For the future faculty program detailed in section 276, all of the following:
(A) The number of fellowship recipients who had not received their degrees and were in default.
(B) The number of fellowship recipients who had received their degrees and were in default.
(C) The default rate for the program.
(D) The number of delinquent program accounts and outstanding loan balance of those accounts.
(E) The number of delinquent program loan accounts transferred to the department of treasury for collection, and the total applicable interest and collection fees for those accounts.
(F) The total amount of defaulted program funds that were recovered and returned to the state general fund.
(G) The amount of lapsed program funds that were unused and returned to the state general fund.
(H) A summary of progress toward meeting the goals and objectives of the program.
(I) The number of fellows in the process of fulfilling the teaching requirement.
(ii) For the select student support services program detailed in section 278, all of the following:
(A) The number of on-site or virtual monitoring visits, a list of where those visits occurred, the reason each visit occurred, the results of the on-site or virtual review, and the dates of any follow-up visits.
(B) The amount of any unexpended program funds returned to the state general fund.
(iii) For the college/university partnership program detailed in section 279, all of the following:
(A) The number of on-site or virtual monitoring visits, a list of where those visits occurred, the reason each visit occurred, the results of the on-site or virtual review, and the dates of any follow‑up visits.
(B) The amount of any unexpended program funds returned to the state general fund.
(iv) For the educator development program detailed in section 281, the number of on-site or virtual monitoring visits, a list of where those visits occurred, the reason each visit occurred, the results of the on-site or virtual review, and the dates of any follow-up visits.
Sec.
282. (1) Each institution receiving funds for fiscal year 2020-2021 2021-2022 under section 278,
279, or 281 shall provide to the department of labor and economic opportunity
by April 15, 2021 2022 the unobligated and unexpended funds as of
March 31, 2021 2022 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.
(2) Funds received for the purpose of administering programs under sections 275j, 278, 279, and 281 shall not be used for direct financial aid or indirect financial aid. However, a university may provide academic incentives to motivate participating students as approved by the department. As used in this subsection:
(a) “Direct financial aid” includes, but is not limited to, scholarships, payment of tuition, stipends, and work-studies.
(b) “Indirect financial aid” includes, but is not limited to, transportation, textbook allowances, child care support, and assistance with medical premiums or expenses.
Sec.
285. Public From the funds appropriated in section 236(2), public universities
shall work with the state community colleges to encourage the transfer of
students from the community colleges to the public universities and to
facilitate the transfer of credits from the community colleges to those public
universities.
Sec.
286. Public From the funds appropriated in section 236(2), public universities
shall work with community colleges in the this state to implement
statewide reverse transfer agreements to increase the number of students that
are awarded credentials of value upon completion of the necessary credits.
These statewide agreements shall enable students who have earned a significant number of credits at a community college and transfer
to a baccalaureate granting institution before completing a degree to transfer
the credits earned at the baccalaureate institution back to the community
college in order to be awarded a credential of value.
Sec. 286b. (1) By November 1 of each year, a public university that has an accredited bachelor of science in nursing program shall submit a report containing all of the following information to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director:
(a) The number of existing and number of
new bachelor of science in nursing articulation agreements confirmed during the
fiscal year with community colleges, whether courses are offered online or in
person, and the location or locations where those classes were held.
(b) The number of community colleges the public university conferred with during the fiscal year regarding the establishment of an articulation agreement for a bachelor of science in nursing program that includes in-person course options at the community college or another mutually agreed-upon site, and a summary of efforts made to provide in-person course options and limitations, if any, to providing in-person courses.
(2) Independent colleges and universities with accredited bachelor of science in nursing programs are encouraged to submit the report described in subsection (1) to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director.
Sec.
291. The To the extent allowable under section 53 of article IV of the state constitution of 1963, the auditor
general may conduct performance audits of public universities receiving funds
in section 236 as the auditor general considers necessary.
Enacting section 1. (1) 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, as amended by 2020 PA 165 and this amendatory act is estimated at $438,363,600.00 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 $438,363,600.00. 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 2021-2022 under article II of the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830, is estimated at $431,917,000.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is estimated at $431,917,000.00.
(2) 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, as amended by 2020 PA 165 and this amendatory act is estimated at $1,631,203,000.00 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. 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 2021-2022 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, is estimated at $1,679,724,800.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is estimated at $0.00.
Enacting section 2. Sections 226e, 270, and 270b of the state school aid act of 1979, 1979 PA 94, MCL 388.1826e, 388.1870, and 388.1870b, are repealed effective October 1, 2021.
Enacting section 3. (1) Sections 201e and 236i of the state school aid act of 1979, 1979 PA 94, as added by this amendatory act, if granted immediate effect pursuant to section 27 of article IV of the state constitution of 1963, shall take effect upon enactment of this amendatory act.
(2) Except as otherwise provided for the sections listed in subsection (1), the remaining sections of this amendatory act take effect October 1, 2021.
Third: 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 201, 206, 207a, 207b, 207c, 209, 209a, 210b, 220, 222, 223, 226b, 226d, 229, 229a, 230, 236, 236b, 236c, 241, 245, 245a, 256, 259, 260, 263, 264, 265, 265b, 267, 268, 269, 270c, 274, 274d, 275d, 275f, 275g, 275h, 275i, 276, 277, 278, 279, 280, 281, 281a, 282, 285, 286, and 291 (MCL 388.1801, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1809a, 388.1810b, 388.1820, 388.1822, 388.1823, 388.1826b, 388.1826d, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1841, 388.1845, 388.1845a, 388.1856, 388.1859, 388.1860, 388.1863, 388.1864, 388.1865, 388.1865b, 388.1867, 388.1868, 388.1869, 388.1870c, 388.1874, 388.1874d, 388.1875d, 388.1875f, 388.1875g, 388.1875h, 388.1875i, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1881a, 388.1882, 388.1885, 388.1886, and 388.1891), sections 201, 206, 207a, 207b, 207c, 209, 209a, 222, 223, 229, 229a, 230, 236, 236b, 236c, 241, 245, 245a, 256, 263, 264, 265, 265b, 267, 268, 269, 276, 277, 278, 279, 280, 281, and 282 as amended and sections 226b, 226d, 259, 260, 270c, 275f, 275g, 275h, 275i, and 281a as added by 2020 PA 165, section 210b as amended by 2019 PA 52, section 220 as amended by 2016 PA 249, section 274 as amended and section 275d as added by 2019 PA 62, section 274d as amended by 2018 PA 265, sections 285 and 291 as amended by 2012 PA 201, and section 286 as amended by 2015 PA 85, and by adding sections 201e, 210g, 210h, 226f, 226g, 236h, 236i, 275j, and 286b; and to repeal acts and parts of acts.
Mark E. Huizenga
Thomas A. Albert
Joe Tate
Conferees for the House
Kim LaSata
Jim Stamas
Curtis Hertel, Jr.
Conferees for the Senate
Reports of Standing Committees
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4071, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2020 PA 49.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, Mueller, Kahle, Rendon, Wozniak, Clements, LaGrand, Yancey, Bolden, Hope and Breen
Nays: Rep. Steven Johnson
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4072, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2020 PA 50.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, Mueller, Kahle, Rendon, Wozniak, Clements, LaGrand, Yancey, Bolden, Hope and Breen
Nays: Rep. Steven Johnson
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Filler, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, September 21, 2021
Present: Reps. Filler, Mueller, Steven Johnson, Kahle, Rendon, Berman, Wozniak, Clements, LaGrand, Yancey, Bolden, Hope and Breen
The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported
House Bill No. 4711, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2020 PA 121.
Without amendment and with the recommendation that the bill pass.
The bill was
referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Witwer and Steenland
Nays: None
The Committee on Regulatory Reform, by Rep. Hauck, Chair, reported
House Bill No. 4921, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 701 (MCL 333.27701).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Witwer and Steenland
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hauck, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Tuesday, September 21, 2021
Present: Reps. Hauck, Hoitenga, Bellino, Hall, Mueller, Wendzel, Clements, Damoose, Outman, Hertel, Yancey, Witwer and Steenland
Absent: Rep. Garza
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Steven Johnson, Chair, of the Committee on Oversight, was received and read:
Meeting held on: Wednesday, September 15, 2021
Present: Reps. Steven Johnson, Outman, Hoitenga, Reilly, O’Malley, Wozniak, Brixie, LaGrand and Young
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wendzel, Chair, of the Committee on Commerce and Tourism, was received and read:
Meeting held on: Wednesday, September 15, 2021
Present: Reps. Wendzel, Roth, Farrington, Wakeman, Martin, Cherry and Liberati
Absent: Reps. Cambensy, Manoogian and Whitsett
Excused: Reps. Cambensy, Manoogian and Whitsett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hornberger, Chair, of the Committee on Education, was received and read:
Meeting held on: Tuesday, September 21, 2021
Present: Reps. Hornberger, Paquette, Green, Markkanen, O’Malley, Beeler,
Damoose, Posthumus, Camilleri, Brenda Carter, Koleszar, Shannon and Stone
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. O’Malley, Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, September 21, 2021
Present: Reps. O’Malley, Eisen, Howell, Griffin, Berman, Carra, Roth, Sneller, Clemente, Shannon, Liberati and Puri
Absent: Rep. LaFave
Excused: Rep. LaFave
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bollin, Chair, of the Committee on Elections and Ethics, was received and read:
Meeting held on: Tuesday, September 21, 2021
Present: Reps. Bollin, Wendzel, Calley, Steven Johnson, Filler, Koleszar and Whitsett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wakeman, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Tuesday, September 21, 2021
Present: Reps. Wakeman, Wozniak, Rendon, Roth, Tisdel, Pohutsky, Camilleri, Brenda Carter and Aiyash
Notices
Mr. Gary Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, MI 48913
Dear Clerk Randall,
This letter is to notify you that I am removing Representative Jewell Jones from the following committees:
· Military, Veterans, and Homeland Security
· Regulatory Reform
Sincerely,
Jason Wentworth, Speaker
Michigan House of Representatives
Introduction of Bills
House Bill No. 5303, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3157 (MCL 500.3157), as amended by 2019 PA 21.
The bill was read a first time by its title and referred to the Committee on Insurance.
House Bill No. 5304, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 552.
The
bill was read a first time by its title and referred to the Committee on
Regulatory Reform.
Reps. Bellino and Hertel introduced
House Bill No. 5305, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4ee (MCL 205.54ee), as added by 2015 PA 251.
The bill was read a first time by its title and referred to the Committee on Commerce and Tourism.
Reps. Hertel and Bellino introduced
House Bill No. 5306, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4cc (MCL 205.94cc), as added by 2015 PA 252.
The bill was read a first time by its title and referred to the Committee on Commerce and Tourism.
House Bill No. 5307, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3114 (MCL 500.3114), as amended by 2019 PA 21.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. LaFave, Coleman, Markkanen, Maddock, O’Malley, Roth and Allor introduced
House Bill No. 5308, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 674, 675, 801, 803f, and 805 (MCL 257.674, 257.675, 257.801, 257.803f, and 257.805), section 674 as amended by 2000 PA 268, section 675 as amended by 2018 PA 179, section 801 as amended by 2020 PA 103, section 803f as amended by 2018 PA 681, and section 805 as amended by 2013 PA 82, and by adding section 68c.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
Reps. LaFave and Maddock introduced
House Bill No. 5309, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 937, 940, and 946 (MCL 600.937, 600.940, and 600.946) and by adding section 945.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. LaFave and Markkanen introduced
House Bill No. 5310, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 552c (MCL 750.552c), as added by 2005 PA 305.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. LaFave and Markkanen introduced
House Bill No. 5311, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16bb of chapter XVII (MCL 777.16bb), as amended by 2014 PA 225.
The bill was read a first time by its title and referred to the Committee on Transportation.
House Bill No. 5312, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2, 2b, 6, 12, and 14a (MCL 28.421, 28.422, 28.422b, 28.426, 28.432, and 28.434a), sections 1 and 6 as amended by 2017 PA 95, section 2 as amended by 2015 PA 200, section 2b as amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a as added by 2010 PA 295, and by adding section 2c; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 5313, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 223, 224b, 228, 231a, and 232a (MCL 750.223, 750.224b, 750.228, 750.231a, and 750.232a), section 223 as amended and section 228 as added by 2012 PA 242, section 224b as amended by 2014 PA 63, section 231a as amended by 2012 PA 427, and section 232a as amended by 1990 PA 321.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 5314, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chapter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2016 PA 234 and section 16m as amended by 2018 PA 637.
The bill was read a first time by its title and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 5315, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 552c (MCL 750.552c), as added by 2005 PA 305.
The bill was read a first time by its title and referred to the Committee on Transportation.
House Bill No. 5316, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2017 PA 231.
The bill was read a first time by its title and referred to the Committee on Oversight.
Reps. Kuppa, Stone, Haadsma, Young, Scott, Brixie, Sowerby and Brabec introduced
House Bill No. 5317, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 18 (MCL 388.1618), as amended by 2020 PA 165.
The
bill was read a first time by its title and referred to the Committee on
Education.
Reps. Hood, Rogers, Haadsma, Hope, Sowerby, Stone, Aiyash and Cavanagh introduced
House Bill No. 5318, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14n.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Reps. Peterson and Howell introduced
House Bill No. 5319, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4ii.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Howell introduced
House Bill No. 5320, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7214 (MCL 333.7214), as amended by 2018 PA 107.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Peterson and Howell introduced
House Bill No. 5321, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ii.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Announcements by the Clerk
September 14, 2021
Received from the Judicial Tenure Commission the 2020 Annual Report.
Gary L. Randall
Clerk of the House
By unanimous consent the House returned to the order of
Reports of Select Committees
Senate Bill No. 82, 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 years ending September 30, 2021 and September 30, 2022; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.
The Conference Report was read as follows:
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 82, entitled
A bill to make appropriations 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, and certain other state purposes for the fiscal year ending September 30, 2022; to place conditions on the appropriations; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
Recommends:
First: That the House recede from the Substitute of the House as passed by the House.
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended 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, 2021 and September 30, 2022; to
provide for certain conditions on appropriations; to provide for the
expenditure of the appropriations; and to
repeal acts and parts of acts.
the people of the state of michigan enact:
ARTICLE 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, 2022, from the following funds:
|
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT |
|
|
|
|
APPROPRIATION SUMMARY |
|
|
|
|
Full-time equated unclassified positions |
6.0 |
|
|
|
Full-time equated classified positions |
521.0 |
|
|
|
GROSS APPROPRIATION |
|
$ |
155,560,300 |
|
Total interdepartmental grants and intradepartmental transfers |
|
|
320,000 |
|
ADJUSTED GROSS APPROPRIATIONS |
|
$ |
155,240,300 |
|
Federal revenues: |
|
|
|
|
Total federal revenues |
|
|
13,599,800 |
|
Special revenue funds: |
|
|
|
|
Total local revenues |
|
|
0 |
|
Total private revenues |
|
|
71,300 |
|
Total other state restricted revenues |
|
|
44,202,300 |
|
State general fund/general purpose |
|
$ |
97,366,900 |
|
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 |
$ |
617,900 |
|
Accounting service center |
|
|
1,029,200 |
|
Commissions and boards |
|
|
23,800 |
|
Emergency management—FTEs |
4.0 |
|
1,320,700 |
|
Executive direction—FTEs |
23.0 |
|
3,222,200 |
|
Property management |
|
|
735,700 |
|
GROSS APPROPRIATION |
|
$ |
6,949,500 |
|
Appropriated from: |
|
|
|
|
Federal revenues: |
|
|
|
|
HHS, multiple grants |
|
|
447,400 |
|
Special revenue funds: |
|
|
|
|
Agriculture licensing and inspection fees |
|
|
44,400 |
|
Dairy and food safety fund |
|
|
100,300 |
|
Feed control fund |
|
|
8,100 |
|
Fertilizer control fund |
|
|
10,000 |
|
Freshwater protection fund |
|
|
61,000 |
|
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 |
|
$ |
6,148,300 |
|
Sec. 103. INFORMATION AND TECHNOLOGY |
|
|
|
|
Information technology services and projects |
|
$ |
2,312,800 |
|
GROSS APPROPRIATION |
|
$ |
2,312,800 |
|
Appropriated from: |
|
|
|
|
Special revenue funds: |
|
|
|
|
Agriculture licensing and inspection fees |
|
|
91,400 |
|
Dairy and food safety fund |
|
|
74,800 |
|
Feed control fund |
|
|
15,000 |
|
Fertilizer control fund |
|
|
15,000 |
|
Ending Sept. 30, 2022 |
|||
|
Freshwater protection fund |
|
|
15,000 |
|
Gasoline inspection and testing fund |
|
|
32,400 |
|
State general fund/general purpose |
|
$ |
2,069,200 |
|
Sec. 104. FOOD AND DAIRY |
|
|
|
|
Full-time equated classified positions |
139.0 |
|
|
|
Food safety and quality assurance—FTEs |
103.0 |
$ |
18,203,300 |
|
Milk safety and quality assurance—FTEs |
36.0 |
|
5,752,100 |
|
GROSS APPROPRIATION |
|
$ |
23,955,400 |
|
Appropriated from: |
|
|
|
|
Federal revenues: |
|
|
|
|
HHS, multiple grants |
|
|
2,741,600 |
|
USDA, multiple grants |
|
|
137,100 |
|
Special revenue funds: |
|
|
|
|
Consumer and industry food safety education fund |
|
|
242,500 |
|
Dairy and food safety fund |
|
|
5,461,600 |
|
Industry food safety education fund |
|
|
114,100 |
|
Marihuana regulatory fund |
|
|
350,000 |
|
Marihuana regulation fund |
|
|
350,000 |
|
State general fund/general purpose |
|
$ |
14,558,500 |
|
Sec. 105. ANIMAL INDUSTRY |
|
|
|
|
Full-time equated classified positions |
62.0 |
|
|
|
Animal disease prevention and response—FTEs |
62.0 |
$ |
9,623,100 |
|
Indemnification - livestock depredation |
|
|
15,000 |
|
Michigan animal agriculture alliance |
|
|
3,000,000 |
|
GROSS APPROPRIATION |
|
$ |
12,638,100 |
|
Appropriated from: |
|
|
|
|
Federal revenues: |
|
|
|
|
HHS, multiple grants |
|
|
15,100 |
|
USDA, multiple grants |
|
|
567,400 |
|
Special revenue funds: |
|
|
|
|
Agriculture licensing and inspection fees |
|
|
71,800 |
|
Animal welfare fund |
|
|
150,000 |
|
State general fund/general purpose |
|
$ |
11,833,800 |
|
Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT |
|
|
|
|
Full-time equated classified positions |
95.0 |
|
|
|
Animal feed safety—FTEs |
10.0 |
$ |
2,089,200 |
|
Pesticide and plant pest management—FTEs |
85.0 |
|
14,172,100 |
|
GROSS APPROPRIATION |
|
$ |
16,261,300 |
|
Appropriated from: |
|
|
|
|
Federal revenues: |
|
|
|
|
EPA, multiple grants |
|
|
564,200 |
|
HHS, multiple grants |
|
|
389,900 |
|
USDA, multiple grants |
|
|
716,900 |
|
Special revenue funds: |
|
|
|
|
Private - slow-the-spread foundation |
|
|
21,300 |
|
Agriculture licensing and inspection fees |
|
|
4,498,800 |
|
Commodity inspection fees |
|
|
671,400 |
|
Feed control fund |
|
|
1,387,500 |
|
Fertilizer control fund |
|
|
1,336,700 |
|
Freshwater protection fund |
|
|
157,500 |
|
Horticulture fund |
|
|
70,000 |
|
Industrial hemp licensing and registration fund |
|
|
670,600 |
|
Industry support funds |
|
|
228,100 |
|
For Fiscal Year Ending Sept. 30, 2022 |
|||
|
State general fund/general purpose |
|
$ |
5,548,400 |
|
Sec. 107. ENVIRONMENTAL STEWARDSHIP |
|
|
|
|
Full-time equated classified positions |
66.5 |
|
|
|
Agricultural preservation easement grants |
|
$ |
1,900,000 |
|
Environmental stewardship - MAEAP—FTEs |
26.0 |
|
11,682,200 |
|
Farmland and open space preservation—FTEs |
10.0 |
|
1,575,000 |
|
Intercounty drain—FTEs |
6.0 |
|
842,000 |
|
Local conservation districts |
|
|
2,000,000 |
|
Migrant labor housing—FTEs |
9.0 |
|
1,324,000 |
|
Qualified forest program—FTEs |
9.0 |
|
2,651,700 |
|
Right-to-farm—FTEs |
6.5 |
|
999,100 |
|
GROSS APPROPRIATION |
|
$ |
22,974,000 |
|
Appropriated from: |
|
|
|
|
Interdepartmental grant revenues: |
|
|
|
|
IDG from MDEGLE, biosolids |
|
|
93,100 |
|
Federal revenues: |
|
|
|
|
Department of interior |
|
|
96,300 |
|
EPA, multiple grants |
|
|
562,100 |
|
USDA, multiple grants |
|
|
1,322,300 |
|
Special revenue funds: |
|
|
|
|
Agricultural preservation fund |
|
|
3,475,000 |
|
Freshwater protection fund |
|
|
8,296,900 |
|
Migratory labor housing fund |
|
|
140,100 |
|
Private forestland enhancement fund |
|
|
1,080,100 |
|
State general fund/general purpose |
|
$ |
7,908,100 |
|
Sec. 108. LABORATORY PROGRAM |
|
|
|
|
Full-time equated classified positions |
108.5 |
|
|
|
Central licensing and customer call center—FTEs |
12.5 |
$ |
1,439,500 |
|
Consumer protection program—FTEs |
42.0 |
|
6,934,600 |
|
Laboratory services—FTEs |
43.0 |
|
8,220,900 |
|
USDA monitoring—FTEs |
11.0 |
|
1,677,500 |
|
GROSS APPROPRIATION |
|
$ |
18,272,500 |
|
Appropriated from: |
|
|
|
|
Interdepartmental grant revenues: |
|
|
|
|
IDG from LARA (LCC), liquor quality testing fees |
|
|
226,900 |
|
Federal revenues: |
|
|
|
|
EPA, multiple grants |
|
|
180,600 |
|
HHS, multiple grants |
|
|
1,549,900 |
|
USDA, multiple grants |
|
|
1,678,700 |
|
Special revenue funds: |
|
|
|
|
Agriculture licensing and inspection fees |
|
|
346,400 |
|
Dairy and food safety fund |
|
|
514,300 |
|
Feed control fund |
|
|
190,900 |
|
Fertilizer control fund |
|
|
24,600 |
|
Freshwater protection fund |
|
|
47,000 |
|
Gasoline inspection and testing fund |
|
|
1,412,400 |
|
Grain dealers fee fund |
|
|
7,900 |
|
Industrial hemp licensing and registration fund |
|
|
318,700 |
|
Migratory labor housing fund |
|
|
29,300 |
|
Refined petroleum fund |
|
|
3,379,800 |
|
Testing fees |
|
|
353,200 |
|
Weights and measures regulation fees |
|
|
737,700 |
|
State general fund/general purpose |
|
$ |
7,274,200 |
|
For Fiscal Year Ending Sept. 30, 2022 |
|||
|
Sec. 109. AGRICULTURE DEVELOPMENT |
|
|
|
|
Full-time equated classified positions |
23.0 |
|
|
|
Agriculture development—FTEs |
13.0 |
$ |
4,760,900 |
|
Fair food network - double up food bucks |
|
|
900,000 |
|
Food and agriculture investment program |
|
|
2,470,600 |
|
Michigan craft beverage council—FTEs |
3.0 |
|
920,900 |
|
Office of rural development—FTE |
1.0 |
|
175,000 |
|
Producer security/grain dealers—FTEs |
5.0 |
|
740,300 |
|
Rural development fund grant program—FTE |
1.0 |
|
2,004,800 |
|
GROSS APPROPRIATION |
|
$ |
11,972,500 |
|
Appropriated from: |
|
|
|
|
Federal revenues: |
|
|
|
|
USDA, multiple grants |
|
|
2,630,300 |
|
Special revenue funds: |
|
|
|
|
Private - commodity group revenue |
|
|
50,000 |
|
Agriculture licensing and inspection fees |
|
|
5,100 |
|
Grain dealers fee fund |
|
|
696,400 |
|
Industry support funds |
|
|
223,600 |
|
Michigan craft beverage council fund |
|
|
890,900 |
|
Rural development fund |
|
|
2,004,800 |
|
State general fund/general purpose |
|
$ |
5,471,400 |
|
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 |
|
|
|
|
Agricultural nutrient best management voluntary practices program |
|
$ |
25,000,000 |
|
Agriculture equine industry development fund |
|
|
3,200,000 |
|
Bovine TB quarantine - producer reimbursement |
|
|
400,000 |
|
County fairs, shows, and expositions |
|
|
1,950,000 |
|
Fair food network - double up food bucks |
|
|
1,100,000 |
|
Farm innovation grant program |
|
|
3,180,000 |
|
Farm stress program |
|
|
225,000 |
|
Local conservation districts |
|
|
1,000,000 |
|
GROSS APPROPRIATION |
|
$ |
36,055,000 |
|
Appropriated from: |
|
|
|
|
State general fund/general purpose |
|
$ |
36,055,000 |
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
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 2021-2022 is $141,569,200.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $11,800,000.00. 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 |
|
Local conservation districts |
|
|
3,000,000 |
|
Qualified forest program |
|
|
1,400,000 |
|
Rural development fund grant program |
|
|
1,400,000 |
|
TOTAL |
|
$ |
11,800,000 |
Sec. 202. The appropriations authorized under part 1 and this part are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in part 1 and this part:
(a) “Department” means the department of agriculture and rural development.
(b) “Director” means the director of the department.
(c) “Fiscal agencies” means the Michigan house fiscal agency and the Michigan senate fiscal agency.
(d) “FTE” means full-time equated.
(e) “IDG” means interdepartmental grant.
(f) “MAEAP” means the Michigan agriculture environmental assurance program.
(g) “MDEGLE” means the Michigan department of environment, Great Lakes, and energy.
(h) “Subcommittees” means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.
(i) “TB” means tuberculosis.
(j) “USDA” means the United States Department of Agriculture.
Sec. 204. (1) The 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. To the extent permissible under section 261 of the management and budget act, 1984 PA 431, MCL 18.1261, all of the following apply to funds appropriated in part 1:
(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.
(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) Preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 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. 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 authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 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, 2021 and September 30, 2022.
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, 2022 is $11,812,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $6,617,900.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,194,400.00.
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 March 1 of the current fiscal year and annually 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 2021.
(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.
Sec. 221. (1) From the funds appropriated in part 1, the department shall do all of the following:
(a) Report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office any amount of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.
(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.
(c) By February 1, 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 total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2021 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2021.
(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.
Sec. 222. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:
(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.
(b) Produce, develop, issue, or require a COVID-19 vaccine passport.
(c) Develop a database or make any existing database publicly available to access an individual’s COVID-‑19 vaccine status by any person, company, or governmental entity.
(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.
(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.
(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.
(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:
(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.
(b) An individual who provides a written statement to the
effect that the requirements of the COVID-19 vaccine policy cannot be met
because of religious convictions or other consistently held objection to immunization.
(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.
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.
FOOD and DAIRY
Sec. 401. (1) The department shall report on the previous fiscal year’s activities of the food and dairy division. The report shall include information on activities and outcomes of the dairy safety and inspection program, the food safety inspection program, the foodborne illness and emergency response program, and the food service program.
(2) The report shall include information on significant foodborne outbreaks and emergencies, including any significant enforcement actions taken related to food safety during the prior calendar year.
(3) The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.
ANIMAL INDUSTRY
Sec. 451. From the funds appropriated in part 1 for bovine TB, the department shall pay for all whole herd testing costs and individual animal testing costs in the modified accredited zone and buffer counties as referenced in the current memorandum of understanding between the department and the USDA to maintain split-state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals.
Sec. 452. (1) The department shall report on the previous calendar year’s activities of the animal industry division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.
(2) The department shall include in the report all indemnification payments for livestock depredation made in the previous calendar year and shall include all of the following:
(a) The reason for the indemnification.
(b) The amount of the indemnification.
(c) The person for whom the indemnification was paid.
Sec. 454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the current required memorandum of understanding between the department and the USDA.
Sec. 457. (1) On or before October 15 of each year, the
department shall provide to the subcommittees, the fiscal agencies, and the
state budget office a report on bovine TB status and department activities.
(2) For each fiscal quarter following the report required in subsection (1), the department shall provide an update to the subcommittees, the fiscal agencies, and the state budget office. The quarterly update reports shall identify significant impacts to the program, including new incidence of bovine TB in this state, 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 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.
(2) On or before March 1, 2023, the department shall report on the previous calendar year’s activities of local conservation districts. The report shall include descriptions of local conservation district activities and funding, including uses of appropriations made in part 1. In preparing this report, the department shall coordinate with representatives of local conservation districts. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website.
Sec. 610. From the funds appropriated in part 1, the department shall coordinate with the department of treasury to improve the timely processing and issuance of tax credits under section 36109 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36109, for the Michigan’s farmland and open space preservation program under parts 361 and 362 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101 to 324.3116 and 324.36201 to 324.36207. This includes, but is not limited to:
(a) Timely review of mailed applications and paperwork.
(b) Timely and proactive communications to applicants on the status of their application.
(c) A clear and understood timeline for the issuance of any tax credits.
LABORATORY PROGRAM
Sec. 651. The department shall report on the previous calendar year’s activities of the laboratory division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.
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 with a focus on new and expanding protein processors, and the expansion of farm markets and urban agriculture, including promotion of hoop houses, and increase food processing activities within this 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, 2024.
(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) From the funds appropriated in part 1 for fair food network – double up food bucks, the department shall work with the fair food network to ensure that at least 80% of the funds allocated to the double up food bucks program are directly used for the payments to participating vendors.
(2) The department shall work with the department of health and human services to do all of the following:
(a) Notify recipients of food assistance program benefits that food assistance program benefits can be accessed at many farmer’s 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.
(3) The department
shall work with the fair food network to expand access to the double up food bucks
program in each of the state’s counties with grocery stores or farmer’s markets
that meet the program’s eligibility requirements.
(4) On or before June 1, 2022, 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, 2021.
(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, 2022. The report shall highlight counties and vendors added to the program since May 1, 2021.
(c) Number of individuals participating in the program, by county.
Sec. 706. (1) The department shall report on the previous calendar year’s activities of the agriculture development division. The report shall be transmitted to the subcommittees, the fiscal agencies, and the state budget office and posted to the department’s website on or before April 1 of each year.
(2) The report shall include the following information on any grants awarded during the prior fiscal year:
(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 and EXPOSITIONS
Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine-related purposes without prior approval of the legislature.
Sec. 802. 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, 2024.
(8) The department shall provide a year-end report on the county fairs, shows, and expositions grants no later than December 1, 2022 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. 1001. (1) From the funds appropriated in part 1 for the agricultural nutrient best management voluntary practices program, the department shall administer a pilot program to support the implementation of agricultural nutrient best management practices with the goal of water quality improvement, including a reduction of phosphorus levels, in the western Lake Erie basin. Funds may be expended for any of the following:
(a) Grants, cost sharing, or other incentives for the implementation of priority practices and associated equipment and structures.
(b) Technical support.
(c) Soil or water quality testing.
(d) Education outreach and training.
(2) By April 1 the department shall prepare a report to be posted on the department’s website and provided to the relevant house and senate standing committees and appropriations subcommittees as well as to the fiscal agencies and state budget office. The report shall contain the following information: number and location of acres enrolled in nutrient management or other best management practices; number of acres enrolled that were not previously verified under the Michigan agriculture environmental assistance program (MAEAP); summary of practices implemented and available incentive programs; starting and ending balances of the program; summary of outreach and training efforts; and testing results.
(3) The unexpended funds appropriated in part 1 for agricultural nutrient best management voluntary practices 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 implement, in a focused and voluntary manner, agricultural best management practices with the goal of a reduction of phosphorus levels in the western Lake Erie basin.
(b) The project will be accomplished by grants and contracts.
(c) The estimated cost of this project is $25,000,000.00.
(d) The tentative completion date for the work project is September 30, 2026.
Sec. 1002. From the funds appropriated in part 1 for the one-time agriculture equine industry development fund, $3,200,000.00 shall be deposited into the Michigan agriculture equine industry development fund created under section 320 of the horse racing law of 1995, 1995 PA 279, MCL 431.320. All funds in the agriculture equine industry development fund are appropriated and available for expenditure under section 320 of the horse racing law of 1995, 1995 PA 279, MCL 431.320.
Sec. 1003. From the funds appropriated in part 1 for bovine TB quarantine - producer reimbursement, the department shall provide financial assistance to livestock producers for costs of maintaining livestock under quarantine issued under section 12 of the animal industry act, 1988 PA 466, MCL 287.712. Costs eligible for reimbursement include feed, bedding, veterinary care, and electronic monitoring devices and incurred not less than 30 days after the date of the quarantine. Costs submitted by producers for reimbursement must be supported by original receipts and are subject to audit by the department. Reimbursement to any 1 producer may not exceed $20,000.00. Producers who are in violation of quarantine orders, a herd plan, or other provisions of the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, are ineligible for reimbursement.
Sec. 1004. (1) From the funds appropriated in part 1, the department shall establish and administer a farm innovation grant program.
(2) The farm innovation grant program shall support innovative solutions to real, immediate, and future farm problems faced by Michigan’s agricultural industry.
(3) All in-state universities, colleges, community
colleges, tech centers, technology incubators, and research centers are
eligible to apply for and receive grant funding.
(4) The department shall report on the farm innovation grant program. The report shall include a listing of the grantees, award amounts, match funding, project locations, and project outcomes. 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, 2023.
Sec. 1005. The one-time appropriation in part 1 for the farm stress program shall be used to respond to the mental stress and fatigue of Michigan farmers and agricultural producers and their families through utilizing existing services that offer behavioral health specialists in the agriculture industry.
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, 2022, from the following funds:
|
DEPARTMENT OF CORRECTIONS |
|
|
|
|
||||
|
APPROPRIATION SUMMARY |
|
|
|
|
||||
|
Full-time equated unclassified positions |
16.0 |
|
|
|
||||
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Full-time equated classified positions |
13,484.4 |
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|
|||||
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GROSS APPROPRIATION |
|
$ |
2,065,873,000 |
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||||
|
Interdepartmental grant revenues: |
|
|
|
|
||||
|
Total interdepartmental grants and intradepartmental transfers |
|
|
0 |
|
||||
|
ADJUSTED GROSS APPROPRIATION |
|
$ |
2,065,873,000 |
|
||||
|
Federal revenues: |
|
|
|
|
||||
|
Total federal revenues |
|
|
5,364,100 |
|
||||
|
Special revenue funds: |
|
|
|
|
||||
|
Total local revenues |
|
|
9,646,100 |
|
||||
|
Total private revenues |
|
|
0 |
|
||||
|
Total other state restricted revenues |
|
|
45,493,400 |
|
||||
|
State general fund/general purpose |
|
$ |
2,005,369,400 |
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||||
|
Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT |
|
|
|
|
||||
|
Full-time equated unclassified positions |
16.0 |
|
|
|
||||
|
Full-time equated classified positions |
335.0 |
|
|
|
||||
|
Unclassified salaries—FTEs |
16.0 |
$ |
2,030,400 |
|
||||
|
Administrative hearings officers |
|
|
3,187,000 |
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||||
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Budget and operations administration—FTEs |
247.0 |
|
35,100,400 |
|
||||
|
Compensatory buyout and union leave bank |
|
|
100 |
|
||||
|
County jail reimbursement program |
|
|
14,814,600 |
|
||||
|
Employee wellness programming—FTEs |
6.0 |
|
2,000,000 |
|
||||
|
Equipment and special maintenance |
|
|
1,559,700 |
|
||||
|
Executive direction—FTEs |
21.0 |
|
4,477,000 |
|
||||
|
Judicial data warehouse user fees |
|
|
50,600 |
|
||||
|
New custody staff training |
|
|
21,166,100 |
|
||||
|
Prison industries operations—FTEs |
61.0 |
|
10,100,600 |
|
||||
|
Property management |
|
|
2,455,100 |
|
||||
|
Prosecutorial and detainer expenses |
|
|
4,801,000 |
|
||||
|
Sheriffs’ coordinating and training office |
|
|
100,000 |
|
||||
|
Worker’s compensation |
|
|
10,733,300 |
|
||||
|
GROSS APPROPRIATION |
|
$ |
112,575,900 |
|
||||
|
Appropriated from: |
|
|
|
|
||||
|
Federal revenues: |
|
|
|
|
||||
|
DOJ, prison rape elimination act grant |
|
|
674,700 |
|
||||
|
Special revenue funds: |
|
|
|
|
||||
|
Correctional industries revolving fund |
|
|
10,100,600 |
|
||||
|
Correctional industries revolving fund 110 |
|
|
721,600 |
|
||||
|
Jail reimbursement program fund |
|
|
5,900,000 |
|
||||
|
Local corrections officer training fund |
|
|
100,000 |
|
||||
|
For Fiscal Year Ending Sept. 30, 2022 |
|
|||||||
|
Program and special equipment fund |
|
|
100 |
|
||||
|
State general fund/general purpose |
|
$ |
95,078,900 |
|
||||
|
Sec. 103. OFFENDER SUCCESS ADMINISTRATION |
|
|
|
|
||||
|
Full-time equated classified positions |
340.9 |
|
|
|
||||
|
Community corrections comprehensive plans and services |
|
$ |
13,198,100 |
|
||||
|
Education/skilled trades/career readiness programs—FTEs |
263.9 |
|
38,528,300 |
|
||||
|
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 |
|
17,831,100 |
|
||||
|
Public safety initiative |
|
|
4,000,000 |
|
||||
|
Residential probation diversions |
|
|
16,575,500 |
|
||||
|
GROSS APPROPRIATION |
|
$ |
125,156,800 |
|
||||
|
Appropriated from: |
|
|
|
|
||||
|
Federal revenues: |
|
|
|
|
||||
|
DOJ, prisoner reintegration |
|
|
751,000 |
|
||||
|
Federal education funding |
|
|
1,575,200 |
|
||||
|
Special revenue funds: |
|
|
|
|
||||
|
Program and special equipment fund |
|
|
14,326,000 |
|
||||
|
State general fund/general purpose |
|
$ |
108,504,600 |
|
||||
|
Sec. 104. FIELD OPERATIONS ADMINISTRATION |
|
|
|
|
||||
|
Full-time equated classified positions |
1,880.5 |
|
|
|
||||
|
Criminal justice reinvestment |
|
$ |
3,748,400 |
|
||||
|
Field operations—FTEs |
1,849.5 |
|
221,739,400 |
|
||||
|
Parole board operations—FTEs |
31.0 |
|
3,867,400 |
|
||||
|
Parole/probation services |
|
|
940,000 |
|
||||
|
Residential alternative to prison program |
|
|
1,500,000 |
|
||||
|
GROSS APPROPRIATION |
|
$ |
231,795,200 |
|
||||
|
Appropriated from: |
|
|
|
|
||||
|
Special revenue funds: |
|
|
|
|
||||
|
Local - community tether program reimbursement |
|
|
275,000 |
|
||||
|
Reentry center offender reimbursements |
|
|
10,000 |
|
||||
|
Supervision fees |
|
|
6,630,500 |
|
||||
|
Supervision fees set-aside |
|
|
940,000 |
|
||||
|
State general fund/general purpose |
|
$ |
223,939,700 |
|
||||
|
Sec. 105. CORRECTIONAL FACILITIES ADMINISTRATION |
|
|
|
|
||||
|
Full-time equated classified positions |
660.0 |
|
|
|
||||
|
Central records—FTEs |
43.0 |
$ |
4,792,300 |
|
||||
|
Correctional facilities administration—FTEs |
37.0 |
|
6,596,400 |
|
||||
|
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 |
336.0 |
|
72,833,200 |
|
||||
|
Prison store operations—FTEs |
33.0 |
|
3,392,300 |
|
||||
|
Public works program |
|
|
1,000,000 |
|
||||
|
Transportation—FTEs |
211.0 |
|
30,850,400 |
|
||||
|
GROSS APPROPRIATION |
|
$ |
120,266,700 |
|
||||
|
Appropriated from: |
|
|
|
|
||||
|
Federal revenues: |
|
|
|
|
||||
|
DOJ-BOP, federal prisoner reimbursement |
|
|
411,000 |
|
||||
|
For Fiscal Year Ending Sept. 30, 2022 |
|
|||||||
|
SSA-SSI, incentive payment |
|
|
272,000 |
|
||||
|
Special revenue funds: |
|
|
|
|
||||
|
Correctional industries revolving fund 110 |
|
|
663,400 |
|
||||
|
Public works user fees |
|
|
1,000,000 |
|
||||
|
Resident stores |
|
|
3,392,300 |
|
||||
|
State general fund/general purpose |
|
$ |
114,528,000 |
|
||||
|
Sec. 106. HEALTH CARE |
|
|
|
|
||||
|
Full-time equated classified positions |
1,469.3 |
|
|
|
||||
|
Clinical complexes—FTEs |
1,033.3 |
$ |
148,457,900 |
|
||||
|
Health care administration—FTEs |
17.0 |
|
3,459,500 |
|
||||
|
Healthy Michigan plan administration—FTEs |
12.0 |
|
993,200 |
|
||||
|
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 |
|
52,167,800 |
|
||||
|
Prisoner health care services |
|
|
94,793,600 |
|
||||
|
Vaccination program |
|
|
691,200 |
|
||||
|
GROSS APPROPRIATION |
|
$ |
309,494,100 |
|
||||
|
Appropriated from: |
|
|
|
|
||||
|
Federal revenues: |
|
|
|
|
||||
|
DOJ, Office of Justice Programs, RSAT |
|
|
250,200 |
|
||||
|
Federal revenues and reimbursements |
|
|
395,200 |
|
||||
|
Special revenue funds: |
|
|
|
|
||||
|
Prisoner health care copayments |
|
|
257,200 |
|
||||
|
State general fund/general purpose |
|
$ |
308,591,500 |
|
||||
|
Sec. 107. CORRECTIONAL FACILITIES |
|
|
|
|
||||
|
Full-time equated classified positions |
8,798.7 |
|
|
|
||||
|
Alger Correctional Facility - Munising—FTEs |
259.0 |
$ |
32,062,300 |
|
||||
|
Baraga Correctional Facility - Baraga—FTEs |
295.8 |
|
38,174,700 |
|
||||
|
Bellamy Creek Correctional Facility - Ionia—FTEs |
392.2 |
|
46,870,400 |
|
||||
|
Carson City Correctional Facility - Carson City—FTEs |
421.4 |
|
51,347,100 |
|
||||
|
Central Michigan Correctional Facility - St. Louis—FTEs |
386.6 |
|
48,651,500 |
|
||||
|
Charles E. Egeler Correctional Facility - Jackson—FTEs |
386.6 |
|
48,082,700 |
|
||||
|
Chippewa Correctional Facility - Kincheloe—FTEs |
443.6 |
|
54,172,600 |
|
||||
|
Cooper Street Correctional Facility - Jackson—FTEs |
254.6 |
|
31,028,600 |
|
||||
|
Detroit Detention Center—FTEs |
69.1 |
|
9,371,100 |
|
||||
|
Earnest C. Brooks Correctional Facility - Muskegon—FTEs |
248.2 |
|
31,973,300 |
|
||||
|
G. Robert Cotton Correctional Facility - Jackson—FTEs |
395.0 |
|
47,720,200 |
|
||||
|
Gus Harrison Correctional Facility - Adrian—FTEs |
443.6 |
|
52,960,900 |
|
||||
|
Ionia Correctional Facility - Ionia—FTEs |
288.3 |
|
36,284,700 |
|
||||
|
Kinross Correctional Facility - Kincheloe—FTEs |
258.6 |
|
34,558,400 |
|
||||
|
Lakeland Correctional Facility - Coldwater—FTEs |
275.4 |
|
34,910,900 |
|
||||
|
Macomb Correctional Facility - New Haven—FTEs |
313.3 |
|
38,667,900 |
|
||||
|
Marquette Branch Prison - Marquette—FTEs |
319.7 |
|
40,008,400 |
|
||||
|
Michigan Reformatory - Ionia—FTEs |
319.8 |
|
37,583,000 |
|
||||
|
Muskegon Correctional Facility - Muskegon—FTEs |
208.0 |
|
27,868,000 |
|
||||
|
Newberry Correctional Facility - Newberry—FTEs |
199.1 |
|
25,831,000 |
|
||||
|
Oaks Correctional Facility - Eastlake—FTEs |
289.4 |
|
36,901,200 |
|
||||
|
Parnall Correctional Facility - Jackson—FTEs |
266.1 |
|
30,865,900 |
|
||||
|
Richard A. Handlon Correctional Facility - Ionia—FTEs |
255.7 |
|
32,651,500 |
|
||||
|
Saginaw Correctional Facility - Freeland—FTEs |
276.9 |
|
35,235,000 |
|
||||
|
Special Alternative Incarceration Program - Jackson—FTEs |
33.5 |
|
5,905,800 |
|
||||
|
St. Louis Correctional Facility - St. Louis—FTEs |
306.6 |
|
39,979,700 |
|
||||
|
Thumb Correctional Facility - Lapeer—FTEs |
283.6 |
|
35,580,100 |
|
||||
|
For Fiscal Year Ending Sept. 30, 2022 |
|
|||||||
|
Womens Huron Valley Correctional Complex - Ypsilanti—FTEs |
505.1 |
|
63,075,100 |
|
||||
|
Woodland Correctional Facility - Whitmore Lake—FTEs |
296.9 |
|
36,473,900 |
|
||||
|
Northern region administration and support—FTEs |
43.0 |
|
4,495,800 |
|
||||
|
Southern region administration and support—FTEs |
64.0 |
|
19,160,400 |
|
||||
|
GROSS APPROPRIATION |
|
$ |
1,108,452,100 |
|
||||
|
Appropriated from: |
|
|
|
|
||||
|
Federal revenues: |
|
|
|
|
||||
|
DOJ, state criminal assistance program |
|
|
1,034,800 |
|
||||
|
Special revenue funds: |
|
|
|
|
||||
|
Local revenues |
|
|
9,371,100 |
|
||||
|
State restricted fees, revenues, and reimbursements |
|
|
102,100 |
|
||||
|
State general fund/general purpose |
|
$ |
1,097,944,100 |
|
||||
|
Sec. 108. INFORMATION TECHNOLOGY |
|
|
|
|
||||
|
Information technology services and projects |
|
$ |
31,082,200 |
|
||||
|
GROSS APPROPRIATION |
|
$ |
31,082,200 |
|
||||
|
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 |
|
$ |
29,732,600 |
|
||||
|
Sec. 109. ONE-TIME APPROPRIATIONS |
|
|
|
|
||||
|
Chance for Life |
|
$ |
1,500,000 |
|
||||
|
Goodwill Flip the Script |
|
|
250,000 |
|
||||
|
John Does v MDOC settlement agreement |
|
|
25,000,000 |
|
||||
|
Prosperity region 8 pilot program |
|
|
300,000 |
|
||||
|
GROSS APPROPRIATION |
|
$ |
27,050,000 |
|
||||
|
Appropriated from: |
|
|
|
|
||||
|
State general fund/general purpose |
|
$ |
27,050,000 |
|
||||
part 2
provisions concerning appropriations
for fiscal year 2021-2022
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 2021-2022 is $2,050,862,800.00 and state spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $122,895,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
|
DEPARTMENT OF CORRECTIONS |
|
|
|
|
Community corrections comprehensive plans and services |
|
$ |
13,198,100 |
|
County jail reimbursement program |
|
|
14,814,600 |
|
Field Operations |
|
|
68,006,200 |
|
Leased beds and alternatives to leased beds |
|
|
100 |
|
Prosecutorial and detainer expenses |
|
|
4,801,000 |
|
Public safety initiative |
|
|
4,000,000 |
|
Residential alternative to prison program |
|
|
1,500,000 |
|
Residential probation diversions |
|
|
16,575,500 |
|
TOTAL |
|
$ |
122,895,500 |
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) “Administrative segregation” means confinement for maintenance of order or discipline to a cell or room apart from accommodations provided for inmates who are participating in programs of the facility.
(b) “Department” or “MDOC” means the Michigan department of corrections.
(c) “DOJ” means the United States Department of Justice.
(d) “DOJ-BOP” means the DOJ Bureau of Prisons.
(e) “Evidence-based” means a decision-making process that integrates the best available research, clinician expertise, and client characteristics.
(f) “Federally-qualified health center” means that term as defined in section 1396d(l)(2)(B) of the social security act, 42 USC 1396d.
(g) “FTE” means full-time equated.
(h) “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.
(i) “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.
(j) “MDHHS” means the Michigan department of health and human services.
(k) “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.
(l) “OCC” means the office of community corrections.
(m) “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.
(n) “Recidivism” means that term as defined in section 1 of 2017 PA 5, MCL 798.31.
(o) “RSAT” means residential substance abuse treatment.
(p) “Serious emotional disturbance” means that term as defined in section 100d(2) of the mental health code, 1974 PA 258, MCL 330.1100d.
(q) “Serious mental illness” means that term as defined in section 100d(3) of the mental health code, 1974 PA 258, MCL 330.1100d.
(r) “SSA” means the United States Social Security Administration.
(s) “SSA-SSI” means SSA supplemental security income.
Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet 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 to funds appropriated in part 1:
(a) The funds must not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.
(b) Preference must be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality.
(c) Preference must be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 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 authorization. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 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, 2022 are estimated at $279,249,700.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $156,450,700.00. Total department appropriations for retiree health care legacy costs are estimated at $122,799,000.00.
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 March 1 of the current fiscal year, 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 2021.
(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. 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. Not less than 75% of funding shall be used for prisoner programming. 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. 223. (1) From the funds appropriated in part 1, the department shall do the following:
(a) Report to the senate and house appropriations committees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office any amounts of severance pay for a department director, deputy director, or other high-ranking department official not later than 14 days after a severance agreement with the director or official is signed. The name of the director or official and the amount of severance pay must be included in the report required by this subdivision.
(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.
(c) By February 1, report to the senate and house appropriations subcommittees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the total amount of severance pay remitted to former department employees during the fiscal year ending September 30, 2021 and the total number of former department employees that were remitted severance pay during the fiscal year ending September 30, 2021.
(2) As used in this section, “severance pay” means compensation that is both payable or paid upon the termination of employment and in addition to either wages or benefits earned during the course of employment or generally applicable retirement benefits.
Sec. 224. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:
(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.
(b) Produce, develop, issue, or require a COVID-19 vaccine passport.
(c) Develop a database or make any existing database
publicly available to access an individual’s COVID‑19 vaccine status by
any person, company, or governmental entity.
(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.
(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.
(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.
(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:
(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.
(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.
(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.
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.
DEPARTMENTAL ADMINISTRATION AND SUPPORT
Sec. 301. For 3 years after a felony offender is released from the department’s jurisdiction, the department shall maintain the offender’s file on the offender tracking information system and make it publicly accessible in the same manner as the file of the current offender. However, the department shall immediately remove the offender’s file from the offender tracking information system upon determination that the offender was wrongfully convicted and the offender’s file is not otherwise required to be maintained on the offender tracking information system.
Sec. 302. From the funds appropriated in part 1, the department 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.
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. An employee whose suggestion is implemented by the department shall receive noncompensatory recognition for their efforts.
Sec. 305. From the funds appropriated in part 1 for prosecutorial and detainer expenses, the department shall reimburse counties for housing and custody of parole violators and offenders being returned by the department from community placement who are available for return to institutional status and for prisoners who volunteer for placement in a county jail.
Sec. 306. Funds included in part 1 for the sheriffs’ coordinating and training office are appropriated for and may be expended to defray costs of continuing education, certification, recertification, decertification, and training of local corrections officers, the personnel and administrative costs of the sheriffs’ coordinating and training office, the local corrections officers advisory board, and the sheriffs’ coordinating and training council under the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546.
Sec. 307. The department shall issue a biannual report for all vendor contracts to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office. The report shall cover service contracts with a value of $500,000.00 or more and include all of the following:
(a) The original start date and the current expiration date of each contract.
(b) The number, if any, of contract compliance monitoring site visits completed by the department for each vendor.
(c) The number and amount of fines, if any, for service-level agreement noncompliance for each vendor broken down by area of noncompliance.
Sec. 308. From the funds appropriated in part 1, the department shall provide for the training of all custody staff in effective and safe ways of handling prisoners with mental illness and referring prisoners to mental health treatment programs. Mental health awareness training shall be incorporated into the training of new custody staff.
Sec. 309. The department shall issue a report for all correctional facilities to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office by January 1 setting forth the following information for each facility: its name, street address, and date of construction; its current maintenance costs; any maintenance planned; its current utility costs; its expected future capital improvement costs; the current unspent balance of any authorized capital outlay projects, including the original authorized amount; and its expected future useful life.
Sec. 310. (1) By 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 statistics and information about the department’s efforts to decrease the overall recidivism rate and promote offender success by ensuring readiness to reenter society.
(2) Reports and studies related to the effectiveness of departmental programming created as part of a strategic plan objective shall be provided to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget office within 30 days of being received by or completed by the department.
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, peer support programs, and providing mental health programming for all department staff, including former employees.
(2) By September 30, the department shall submit a report on programs the department has established, the level of employee involvement, and expenditures made by the department for employee wellness programming. 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 quarterly report on the number of overtime hours worked by all custody staff, by facility. The report shall include for each facility, the number of mandatory overtime hours worked, the number of voluntary overtime hours worked, the 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. The department may establish agreements and exchange offender data with local, state, and federal agencies, law enforcement, community service and treatment providers, and research partners in order to improve offender success, reduce recidivism risk, and enhance public safety. This data sharing may include, but is not limited to, efforts to support the following:
(a) Providing continuing access to behavioral health, physical health, and medication needs through community-based providers.
(b) Establishing assistance program eligibility and participation.
(c) Collaborating with community service providers for continued care and access to services for offenders.
(d) Providing ongoing cognitive and behavioral treatment programming in the community.
(e) Providing substance abuse testing and referrals for counseling services and treatment.
(f) Providing vocational skill training, job placement support, and monitoring employment attainment.
(g) Determining educational attainment and needs.
(h) Establishing accurate offender identification, criminal histories, and monitoring new criminal activity.
(i) Measuring and evaluating treatment programs and services in support of evidence-based practices.
Sec. 316. From the funds appropriated in part 1 for new custody staff training, the department shall target training at hiring a minimum of 800 corrections officers to address higher than normal attrition of correction officers and to decrease overtime costs.
Sec. 317. From the funds appropriated in part 1, the department shall submit a status report on the corrections officer training academy on January 30 and June 30 to the joint capital outlay subcommittee, 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 following:
(a) History of appropriations for the project, including appropriations made specifically for the project and appropriations made from other operating line items to support project expenditures.
(b) Anticipated costs of the project, by phase.
(c) Actual expenditures made for the project by line item, fund source, fiscal year, and phase of the project, starting with initial expenditures.
(d) Any other information the department considers necessary.
Sec. 318. From the funds appropriated in part 1, the department shall submit a report on 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 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.
(c) The department may accept cash or in-kind donations to supplement funds for prison education training, supplies, and materials necessary to complete the academic and jobs skills related programs.
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 the number of prisoners who received medication assisted therapies, the length of time on therapies, and the number of prisoners who have discontinued treatment while incarcerated.
Sec. 406. From the funds appropriated in part 1, the department shall conduct a study, in consultation with the department of environment, Great Lakes, and energy, to determine the feasibility of including prisoners nearing their earliest release dates in the wastewater operator certification program administered by the department of environment, Great Lakes, and energy. The department shall submit a report by January 15 to the senate and house subcommittees on corrections and the senate and house fiscal agencies on the feasibility of training and certifying prisoners to become water, drinking water, wastewater, and stormwater operators. If it is determined that training and certification of prisoners is not feasible, the department shall report on the reasons for infeasibility.
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 reincarceration recidivism rates of offenders based on available data.
Sec. 409. (1) From the funds appropriated in part 1, the department shall design services for offender success and vocational education programs, collaborating with the department of labor and economic opportunity and local entities to the extent deemed necessary by the director. The department shall ensure the program provides relevant professional development opportunities to prisoners who are high quality, demand driven, locally receptive, and responsive to the needs of communities where the prisoners are expected to reside after their release from correctional facilities.
(2) By March 1, the department shall provide a report 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) Funds awarded for residential services in part 1 shall provide for a per diem reimbursement of not more than $55.50.
(2) 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. 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 community corrections comprehensive plans:
(a) Approved technical assistance grants and community corrections comprehensive plans including each program and level of funding, the utilization level of each program, and profile information of enrolled offenders.
(b) If federal funds are made available, the number of participants funded, the number served, the number successfully completing the program, and a summary of the program activity.
(c) Status of the community corrections information system and the jail population information system.
(d) Data on residential services, including participant data, participant sentencing guideline scores, program expenditures, average length of stay, and bed utilization data.
(e) Offender disposition data by sentencing guideline range, by disposition type, by prior record variable score, by number and percent statewide and by county, current year, and comparisons to the previous 3 years.
(f) Data on the use of funding made available under the drunk driver jail reduction and community treatment program.
(2) The report required under subsection (1) shall include the total funding allocated, program expenditures, required program data, and year-to-date totals.
Sec. 413. (1) From the funds appropriated in part 1 for public safety initiative, the law enforcement agency receiving funding under part 1 shall submit quarterly expenditure reports including a detailed listing of expenditures made, the purpose for which the expenditures were made, the amounts of expenditures by purpose, specific services provided, and the number of individuals served. The report must be submitted 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.
(2) If requested by the senate and house of representatives appropriations subcommittees on corrections, the law enforcement agency receiving 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 January 1, 1999 and 1 of the following applies:
(a) The felon’s sentencing guidelines recommended range upper limit is more than 18 months, the felon’s sentencing guidelines recommended range lower limit is 12 months or less, the felon’s prior record variable score is 35 or more points, and the felon’s sentence is not for commission of a crime in crime class G or crime class H or a nonperson crime in crime class F under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.
(b) The felon’s minimum sentencing guidelines range minimum is more than 12 months under the sentencing guidelines described in subdivision (a).
(c) The felon was sentenced to jail for a felony committed while he or she was on parole and under the jurisdiction of the parole board and for which the sentencing guidelines recommended range for the minimum sentence has an upper limit of more than 18 months.
(3) State reimbursement under this 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) 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 any new initiatives to control prison population growth funded or proposed to be funded under part 1.
(2) For each initiative 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 monthly email 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 email 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.
(3) If the department knows it will not meet the reporting requirements under this section, the department shall immediately 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 that fact and shall specify in the notice the reasons the department will not meet the reporting requirements.
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. 424. From the funds appropriated in part 1 for the enhanced food technology program, the department shall maintain an enhanced food technology program that provides on-the-job training in prison kitchens that will lead to prisoners earning food service training credentials recognized by the restaurant industry.
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 treatmen