SB-0276, As Passed Senate, June 16, 2005
SUBSTITUTE FOR
SENATE BILL NO. 276
A bill to make appropriations for the department of labor and
economic growth, the Michigan strategic fund, and certain other
state purposes for the fiscal year ending September 30, 2006; to
provide for the expenditure of those appropriations; to provide for
the imposition of certain fees; to provide for the disposition of
fees and other income received by the state agencies; to provide
for reports to certain persons; and to prescribe powers and duties
of certain state departments and certain state and local agencies
and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Senate Bill No. 276 as amended June 16, 2005
Sec. 101. The amounts listed in this part are appropriated
for the department of labor and economic growth and the Michigan
strategic fund, subject to the conditions set forth in this act,
for the fiscal year ending September 30, 2006, from the funds
identified in this part. The following is a summary of the
appropriations in this part:
DEPARTMENT OF LABOR AND ECONOMIC GROWTH
APPROPRIATION SUMMARY:
Full-time equated unclassified positions......... 58.5
Full-time equated classified positions........ 4,354.5
GROSS APPROPRIATION. . . . . . . . . . . . . . . . . $ <<1,389,766,800>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 10,022,400
ADJUSTED GROSS APPROPRIATION . . . . . . . . . . . . $ <<1,379,744,400>>
Federal revenues:
Total federal revenues................................. 842,527,600
Special revenue funds:
Total local revenues................................... 15,738,200
Total private revenues................................. 3,990,600
Total other state restricted revenues.................. 429,712,200
State general fund/general purpose..................... $ <<87,775,800>>
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 58.5
Full-time equated classified positions.......... 212.0
Unclassifed salaries................................... $ 5,349,400
Executive director programs--53.0 FTE positions........ 6,228,300
Regulatory efficiency improvements/backlog reduction
initiative........................................... 665,600
Property management.................................... 10,945,100
Rent................................................... 17,213,400
Worker's compensation.................................. 1,608,000
Special project advances............................... 940,000
HR optimization charges................................ 147,600
Administrative services--159.0 FTE positions........... 15,535,000
GROSS APPROPRIATION.................................... $ 58,632,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 300,000
Federal revenues:
CNS.................................................... 295,700
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 4,897,500
DOL-ETA, unemployment insurance........................ 16,739,900
DOL-ETA, workforce investment act...................... 809,400
DOL, federal funds..................................... 2,503,700
DOL, multiple grants for safety and health............. 654,000
Federal revenues....................................... 785,700
HHS, temporary assistance for needy families........... 347,000
HHS, titles XVIII and XIX.............................. 36,700
Special revenue funds:
Private - special project advances..................... 940,000
Local revenues......................................... 134,100
Bank fees.............................................. 485,100
Boiler fees............................................ 239,400
Construction code fund................................. 1,444,700
Consumer finance fees.................................. 168,800
Contingent fund penalty and interest account........... 890,000
Corporation fees....................................... 5,106,100
Credit union fees...................................... 327,600
Elevator fees.......................................... 264,000
Fees and collections/asbestos.......................... 65,900
Fire service fees...................................... 232,500
Insurance licensing and regulation fees................ 2,209,400
Insurance regulatory fees.............................. 996,000
Licensing and regulation fees.......................... 900,900
Liquor purchase revolving fund......................... 5,767,800
Manufactured housing commission fees................... 288,200
Michigan state housing development authority fees
and charges.......................................... 3,575,400
Motor carrier fees..................................... 185,200
Public utility assessments............................. 2,157,200
Private occupational school license fees............... 14,000
Rehabilitation services fees........................... 90,300
Safety education and training fund..................... 502,300
Second injury fund..................................... 253,500
Securities fees........................................ 2,381,500
Self-insurers security fund............................ 83,300
Silicosis and dust disease fund........................ 101,300
Tax tribunal fees...................................... 1,100
State general fund/general purpose..................... $ 1,457,200
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE SERVICES
Full-time equated classified positions.......... 271.0
Administration--9.0 FTE positions...................... $ 2,686,700
Policy conduct and consumer assistance--117.0 FTE
positions............................................ 14,194,400
Financial evaluation--145.0 FTE positions.............. 20,940,400
GROSS APPROPRIATION.................................... $ 37,821,500
Appropriated from:
Federal revenues:
Federal regulatory project revenue..................... 50,400
Special revenue funds:
Bank fees.............................................. 7,355,400
Consumer finance fees.................................. 4,034,700
Credit union fees...................................... 4,666,500
Insurance continuing education fees.................... 829,600
Insurance licensing and regulation fees................ 4,488,000
Insurance regulatory fees.............................. 14,627,400
Multiple employer welfare arrangement.................. 67,500
Securities fees........................................ 1,702,000
State general fund/general purpose..................... $ 0
Sec. 104. MICHIGAN BROADBAND DEVELOPMENT AUTHORITY
Full-time equated classified positions........... 13.0
Director of legal and regulatory affairs--1.0 FTE
positions............................................ $ 149,400
Director of finance--1.0 FTE positions................. 142,300
Project director--1.0 FTE positions.................... 142,300
Director of accounting and purchasing--1.0 FTE
positions............................................ 123,500
Director of marketing and customer development--1.0
FTE positions........................................ 123,500
Director of community and government affairs--1.0
FTE positions........................................ 97,700
Executive assistant 13--1.0 FTE positions.............. 75,300
Executive assistant 11--1.0 FTE positions.............. 65,500
Accountant--1.0 FTE positions.......................... 75,300
Department specialist 14--1.0 FTE positions............ 97,700
Financial specialist 14--1.0 FTE positions............. 97,700
Financial specialist 12--1.0 FTE positions............. 81,300
Intern position--1.0 FTE positions..................... 39,500
Administration......................................... 277,200
GROSS APPROPRIATION.................................... $ 1,588,200
Appropriated from:
Special revenue funds:
Michigan broadband authority fees and charges.......... 1,588,200
State general fund/general purpose..................... $ 0
Sec. 105. PUBLIC SERVICE COMMISSION
Full-time equated classified positions.......... 158.0
Administration, planning and regulation--147.0 FTE
positions............................................ $ 18,795,000
Energy office--9.0 FTE positions....................... 5,267,100
Children's protection registry administration--2.0
FTE positions........................................ 250,000
GROSS APPROPRIATION.................................... $ 24,312,100
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 4,828,100
DOT-RSPA, gas pipeline safety.......................... 984,900
Special revenue funds:
Private - oil overcharge............................... 30,000
Children's protection registry fund.................... 250,000
Motor carrier fees..................................... 2,060,700
Public utility assessments............................. 16,158,400
State general fund/general purpose..................... $ 0
Sec. 106. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 152.0
Management support services--28.0 FTE positions........ $ 3,092,300
Liquor licensing and enforcement--124.0 FTE positions.. 11,278,000
GROSS APPROPRIATION.................................... $ 14,370,300
Appropriated from:
Special revenue funds:
Liquor license revenue................................. 5,699,300
Liquor purchase revolving fund......................... 8,671,000
State general fund/general purpose..................... $ 0
Sec. 107. MICHIGAN STATE HOUSING DEVELOPMENT
AUTHORITY
Full-time equated classified positions.......... 232.0
Payments on behalf of tenants.......................... $ 130,000,000
Housing and rental assistance program--232.0 FTE
positions............................................ 32,887,700
GROSS APPROPRIATION.................................... $ 162,887,700
Appropriated from:
Federal revenues:
HUD, lower income housing assistance program........... 130,000,000
Special revenue funds:
Michigan state housing development authority fees
and charges.......................................... 32,887,700
State general fund/general purpose..................... $ 0
Sec. 108. TAX TRIBUNAL
Full-time equated classified positions........... 11.0
Operations--11.0 FTE positions......................... $ 1,298,100
GROSS APPROPRIATION.................................... $ 1,298,100
Appropriated from:
Special revenue funds:
Corporation fees....................................... 290,600
Securities fees........................................ 356,000
Tax tribunal fees...................................... 651,500
State general fund/general purpose..................... $ 0
Sec. 109. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 419.0
Code enforcement and fire safety--177.0 FTE positions.. $ 17,587,000
Boiler inspection program--25.0 FTE positions.......... 2,592,200
Elevator inspection program--30.0 FTE positions........ 2,751,700
Commercial services--154.0 FTE positions............... 16,282,000
Local manufactured housing communities inspections..... 250,000
Manufactured housing and land resources
program--22.0 FTE positions.......................... 2,853,200
Property development group--11.0 FTE positions......... 1,474,200
GROSS APPROPRIATION.................................... $ 43,790,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 111,100
Federal revenues:
FEMA................................................... 150,000
DOT.................................................... 85,000
HHS, titles XVIII and XIX.............................. 872,300
Special revenue funds:
Boiler fee revenue..................................... 2,758,600
Construction code fund................................. 14,546,500
Corporation fees....................................... 5,430,000
Elevator fees.......................................... 2,891,200
Fire service fees...................................... 2,167,300
Homeowner construction lien recovery fund.............. 1,532,800
Licensing and regulation fees.......................... 9,084,300
Manufactured housing commission fees................... 2,452,200
Michigan boxing fund................................... 206,200
Property development fees.............................. 265,700
Remonumentation fees................................... 666,600
Real estate appraiser continuing education fund........ 45,000
Real estate education fund............................. 217,500
Security business fund................................. 308,000
State general fund/general purpose..................... $ 0
Sec. 110. EMPLOYMENT RELATIONS
Full-time equated classified positions........... 21.0
Employment and labor relations--21.0 FTE positions..... $ 3,006,900
GROSS APPROPRIATION.................................... $ 3,006,900
Appropriated from:
Federal revenues:
EEOC, federal funds.................................... 10,000
Special revenue funds:
Securities fees........................................ 2,944,200
State general fund/general purpose..................... $ 52,700
Sec. 111. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 229.0
Occupational safety and health--229.0 FTE positions.... $ 25,189,300
GROSS APPROPRIATION.................................... $ 25,189,300
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 12,084,200
Special revenue funds:
Corporation fees....................................... 2,087,200
Fees and collections/asbestos.......................... 795,600
Licensing and regulation fees.......................... 1,126,900
Safety education and training fund..................... 7,371,000
Securities fees........................................ 1,724,400
State general fund/general purpose..................... $ 0
Sec. 112. BUREAU OF WORKER'S AND UNEMPLOYMENT
COMPENSATION
Full-time equated classified positions........ 1,216.0
Administration--96.6 FTE positions..................... $ 9,220,600
Board of magistrates and appellate commission--19.4
FTE positions........................................ 2,786,200
Wage and hour division--31.0 FTE positions............. 2,548,500
Insurance funds administration--28.0 FTE positions..... 4,363,700
Supplemental benefit fund.............................. 1,300,000
Unemployment programs--971.7 FTE positions............. 81,443,100
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 2,639,500
Training program for agency staff--2.1 FTE positions... 1,788,600
Expanded fraud control program--33.2 FTE positions..... 2,954,900
GROSS APPROPRIATION.................................... $ 110,545,100
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 613,400
DOL-ETA, unemployment insurance........................ 83,850,000
Federal Reed act funds................................. 4,362,700
Special revenue funds:
Corporation fees....................................... 3,842,300
Contingent fund, penalty and interest account.......... 6,739,100
Licensing and regulation fees.......................... 753,100
Second injury fund..................................... 2,349,100
Securities fees........................................ 3,842,600
Self-insurers security fund............................ 1,111,200
Silicosis and dust disease fund........................ 903,400
Worker's compensation administrative revolving fund.... 2,178,200
State general fund/general purpose..................... $ 0
Sec. 113. STATE OFFICE OF ADMINISTRATIVE HEARINGS
AND RULES
Full-time equated classified positions.......... 163.0
Administrative hearings and rules--163.0 FTE positions. $ 19,855,200
GROSS APPROPRIATION.................................... $ 19,855,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 1,547,300
IDG from department of corrections..................... 3,461,000
IDG from department of education....................... 966,300
IDG from department of environmental quality........... 479,300
IDG from department of human services.................. 3,038,300
IDG from department of management and budget........... 40,500
Federal revenues:
DOL-ETA, unemployment insurance........................ 5,761,400
DOL, multiple grants for safety and health............. 183,300
Special revenue funds:
Construction code fund................................. 270,400
Corporation fees....................................... 328,400
Insurance regulatory fees.............................. 310,400
Licensing and regulation fees.......................... 1,015,300
Liquor license fees.................................... 100,000
Liquor purchase revolving fund......................... 3,500
Manufactured housing commission fees................... 126,200
Public utility assessments............................. 1,155,500
Safety education and training fund..................... 177,000
Securities fees........................................ 808,700
Tax tribunal fees...................................... 73,600
State general fund/general purpose..................... $ 8,800
Sec. 114. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 42,486,200
GROSS APPROPRIATION.................................... $ 42,486,200
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 20,754,300
DOL, multiple grants for safety and health............. 518,400
Federal revenues....................................... 5,772,700
HHS, temporary assistance for needy families........... 176,300
Special revenue funds:
Bank fees.............................................. 477,300
Boiler fee revenue..................................... 264,300
Construction code fund................................. 1,435,900
Consumer finance fees.................................. 94,200
Corporation fees....................................... 1,715,500
Credit union fees...................................... 269,300
Elevator fees.......................................... 254,400
Fees and collections/asbestos.......................... 11,000
Insurance regulatory fees.............................. 497,200
Licensing and regulation fees.......................... 1,109,900
Liquor purchase revolving fund......................... 4,340,600
Manufactured housing commission fees................... 72,400
Michigan state housing development authority fees
and charges.......................................... 1,940,300
Motor carrier fees..................................... 95,900
Public utility assessments............................. 773,100
Safety education and training fund..................... 285,600
Second injury fund..................................... 106,500
Securities fees........................................ 1,433,500
Self-insurers security fund............................ 38,300
Silicosis and dust disease fund........................ 49,300
State general fund/general purpose..................... $ 0
Sec. 115. WORKFORCE DEVELOPMENT
Full-time equated classified positions.......... 872.5
Employment services--246.0 FTE positions............... $ 44,999,700
Labor market information--52.0 FTE positions........... 6,020,800
Michigan rehabilitation services--513.5 FTE positions.. 68,151,000
Office of workforce development--61.0 FTE positions.... 29,898,200
GROSS APPROPRIATION.................................... $ 149,069,700
Appropriated from:
Federal revenues:
DAG, employment and training........................... 178,700
DED-OPSE, multiple grants.............................. 1,145,400
DED-OSERS, centers for independent living.............. 58,200
DED-OSERS, rehabilitation long-term training........... 566,900
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 50,176,300
DED-OSERS, state grants for technical related
assistance........................................... 56,000
DED, Perkins act....................................... 281,300
DOL-ETA, workforce investment act...................... 6,448,400
DOL, federal funds..................................... 62,671,800
DOL, ODEP.............................................. 225,000
HHS-SSA, supplemental security income.................. 4,491,800
HHS, temporary assistance for needy families........... 3,320,200
Special revenue funds:
Private - gifts, bequests, and donations............... 816,000
Local revenue.......................................... 4,132,400
Local vocational rehabilitation match.................. 3,054,000
Contingent fund, penalty and interest account.......... 1,736,300
Rehabilitation services fees........................... 1,269,400
Second injury fund..................................... 51,500
Student fees........................................... 308,000
Training materials fees................................ 256,400
State general fund/general purpose..................... $ 7,825,700
Sec. 116. CAREER EDUCATION PROGRAMS
Full-time equated classified positions........... 55.0
Career and technical education--25.0 FTE positions..... $ 3,400,500
Postsecondary education--14.0 FTE positions............ 2,558,200
Adult education--16.0 FTE positions.................... 2,378,100
GROSS APPROPRIATION.................................... $ 8,336,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 6,358,400
Special revenue funds:
Private occupational school license fees............... 409,700
Defaulted loan collection fees......................... 100,000
State general fund/general purpose..................... $ 1,468,700
Sec. 117. DEPARTMENT GRANTS
Adult basic education.................................. $ 20,000,000
Senate Bill No. 276 as amended June 16, 2005
Carl D. Perkins grants................................. 47,500,000
Focus: HOPE............................................ 5,860,200
Gear-up program grants................................. 3,000,000
Job training programs subgrantees...................... 119,602,700
Michigan community service commission subgrantees...... 5,900,000
Personal assistance services........................... 459,500
Precollege programs in engineering and the sciences.... <<680,100>>
Vocational rehabilitation client services/facilities... 54,989,500
Vocational rehabilitation independent living........... 3,079,700
Welfare-to-work programs............................... 113,798,600
Fire protection grants................................. 10,921,000
Low-income energy efficiency assistance................ 60,000,000
Liquor law enforcement grants.......................... 12,201,100
Remonumentation grants................................. 14,000,000
GROSS APPROPRIATION.................................... $ <<471,992,400>>
Appropriated from:
Federal revenues:
CNS.................................................... 5,500,000
DAG, employment and training........................... 13,000,000
DED-OESE, gear-up...................................... 3,000,000
DED-OSERS, centers for independent living.............. 450,200
DED-OSERS, client assistance for individuals with
disabilities......................................... 440,000
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 35,797,900
DED-OSERS, rehabilitation services facilities.......... 2,272,500
DED-OSERS, supported employment........................ 1,541,300
Senate Bill No. 276 as amended June 16, 2005
DED-OSERS, state grants for technical related
assistance........................................... 2,240,800
DED-OVAE, adult education.............................. 20,000,000
DED-OVAE, basic grants to states....................... 47,500,000
DOL-ETA, workforce investment act...................... 119,602,700
HHS, temporary assistance for needy families........... 82,299,000
HHS-SSA, supplemental security income.................. 2,480,600
Federal section 903(d), SSA funds...................... 6,300,000
Special revenue funds:
Private - gifts, bequests, and donations............... 800,000
Local vocational rehabilitation match.................. 6,630,500
Local vocational rehabilitation facilities match....... 1,278,300
Contingent fund, penalty and interest account.......... 1,000,000
Low-income energy efficiency fund...................... 60,000,000
Fire protection fund................................... 3,500,000
Liquor purchase revolving fund......................... 3,710,500
Liquor license revenue................................. 6,000,000
Remonumentation fees................................... 14,000,000
State general fund/general purpose..................... $ <<32,648,100>>
Sec. 118. BOARDS, AUTHORITIES AND COMMISSIONS
Full-time equated classified positions.......... 135.0
MES board of review program--18.0 FTE positions........ $ 2,047,200
Rights-of-way oversight authority--5.0 FTE positions... 515,900
Land bank fast track authority--3.0 FTE positions...... 661,700
Michigan community service commission--6.0 FTE
positions............................................ 3,202,600
Commission on Spanish speaking affairs--2.0 FTE
Senate Bill No. 276 as amended June 16, 2005
positions............................................ 234,000
Commission on disability concerns--7.0 FTE positions... 1,013,100
Commission for the blind--94.0 FTE positions........... 18,739,700
Utility consumer representation........................ 550,000
Youth low vision program............................... 241,800
GROSS APPROPRIATION.................................... $ 27,206,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 14,296,800
CNS.................................................... 1,631,400
DOL-ETA, unemployment insurance........................ 2,047,200
Special revenue funds:
Private - gifts, bequests, and donations............... 580,300
Private revenues....................................... 124,300
Local revenues......................................... 508,900
Land bank fast track funds............................. 661,700
METRO authority fund................................... 515,900
State restricted revenues.............................. 548,100
Utility consumer representation fund................... 550,000
State general fund/general purpose..................... $ 5,741,400
Sec. 119. MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 195.0
Administration--31.0 FTE positions..................... $ <<2,827,100>>
Job creation services--164.0 FTE positions............. <<21,351,700>>
Michigan promotion program............................. 6,401,800
Economic development job training grants............... 11,798,000
Community development block grants..................... 45,000,000
Senate Bill No. 276 as amended June 16, 2005
Strategic economic investment board.................... 100,000,000
<<
............................................. >>
GROSS APPROPRIATION.................................... $ <<187,378,600>>
Appropriated from:
Interdepartmental grant revenues:
IDG-MDEQ, air quality fees............................. 78,600
Federal revenues:
DOL-ETA, employment service............................ 724,000
HUD-CPD, community development block grant............. 47,297,800
Special revenue funds:
Private - special project advances..................... 700,000
Industry support fees.................................. 5,000
Bond proceeds.......................................... 100,000,000
State general fund/general purpose..................... $ <<38,573,200>>
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2005-2006 is $518,888,000.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2005-2006 is $67,471,400.00. The
itemized statement below identifies appropriations from which
spending to units of local government will occur:
DEPARTMENT OF LABOR AND ECONOMIC GROWTH
Fire protection grants................................. $ 10,921,000
Liquor law enforcement................................. 12,201,100
Local manufactured housing inspections................. 201,700
Remonumentation grants................................. 14,000,000
Fire fighters training council......................... 1,700,000
Economic development job training grants............... 11,248,000
Welfare to work........................................ 17,199,600
Total department of labor and economic
growth.................................................. $ 67,471,400
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this appropriation act:
(a) "CEO" means chief executive officer of the Michigan
economic development corporation.
(b) "CNS" means the corporation for national services.
(c) "DAG" means the United States department of agriculture.
(d) "DED" means the United States department of education.
(e) "DED-OESE" means the DED office of elementary and
secondary education.
(f) "DED-OPSE" means the DED office of postsecondary
education.
(g) "DED-OSERS" means the DED office of special education
rehabilitation services.
(h) "DED-OVAE" means the DED office of vocational and adult
education.
(i) "Department" means the department of labor and economic
growth, including the Michigan strategic fund.
(j) "Director" means the director of the department of labor
and economic growth.
(k) "DOE" means the United States department of energy.
(l) "DOE-OEERE" means the DOE office of energy efficiency and
renewable energy.
(m) "DOL" means the United States department of labor.
(n) "DOL-ETA" means the DOL employment and training
administration.
(o) "DOL-ODEP" means the DOL office of disability employment
policy.
(p) "DOT" means the United States department of
transportation.
(q) "DOT-RSPA" means the DOT research and special programs
administration.
(r) "EEOC" means equal employment opportunity commission.
(s) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(t) "FTE" means full-time equated.
(u) "Fund" means the Michigan strategic fund.
(v) "GED" means general education degree.
(w) "HHS" means the United States department of health and
human services.
(x) "HHS-SSA" means HHS social security administration.
(y) "HUD" means the United States department of housing and
urban development.
(z) "HUD-CPD" means HUD community planning and development.
(aa) "IDG" means interdepartmental grant.
(bb) "MDCH" means the Michigan department of community health.
(cc) "MDEQ" means the Michigan department of environmental
quality.
(dd) "MEDC" means the Michigan economic development
corporation, which is the public body corporate created under
section 28 of article VII of the state constitution of 1963 and the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512, by contractual interlocal agreement effective April 5,
1999, between local participating economic development corporations
formed under the economic development corporations act, 1974 PA
338, MCL 125.1601 to 125.1636, and the Michigan strategic fund.
(ee) "MES" means Michigan employment security.
(ff) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department or state classified civil service
positions funded fully by federal funds.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause a loss of revenue to the
state, result in the inability of the state to receive federal
funds, or would necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives standing committees on appropriations the number of
exceptions to the hiring freeze approved during the previous month
and the reasons to justify the exception.
Sec. 207. At least 60 days before beginning any effort to
privatize, the department shall submit a complete project plan to
the subcommittees and the fiscal agencies. The plan shall include
the criteria under which the privatization initiative will be
evaluated. The evaluation shall be completed and submitted to the
fiscal agencies and to the subcommittees within 30 months.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement or
it may include placement of reports on the Internet or Intranet
site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
value.
Sec. 210. 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. 211. The department shall establish and maintain
affirmative action programs based on the guidelines developed by
the state equal opportunity workforce planning council which was
created by Executive Order No. 1996-13 in order to receive general
fund/general purpose dollars.
Sec. 212. The department shall receive and retain copies of
all reports funded from appropriations in part 1. The department
shall follow federal and state guidelines for short-term and long-
term retention of these reports and records.
Sec. 213. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology for technology-related
services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 214. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 216. It is the intent of the legislature that all revenue
sources for funds appropriated in part 1 shall not be aggregated
into general categories and shall be specifically identified and
detailed as much as possible.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2005 shall be limited to situations in which 1 or more of the
following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 219. The department of labor and economic growth shall
not take disciplinary action against an employee for communicating
with a member of the legislature or his or her staff.
REGULATORY
Sec. 301. The appropriation in part 1 for fire protection
grants from the liquor purchase revolving fund and the fire
protection fund shall be appropriated to cities, villages, and
townships with state-owned facilities for fire services, instead of
taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 302. The funds collected by the office of financial and
insurance services in connection with a conservatorship pursuant to
section 32 of the mortgage brokers, lenders, and servicers
licensing act, 1987 PA 173, MCL 445.1682, shall be appropriated for
all expenses necessary to provide for the required services. Funds
are available for expenditure when they are received by the
department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 303. The funds collected by the department from
corporations being liquidated pursuant to the insurance code of
1956, 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated
for all expenses necessary to provide for the required services.
Funds are available for expenditure when they are received by the
department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 304. The department may make available to interested
entities otherwise unavailable customized listings of
nonconfidential information in its possession, such as names and
addresses of licensees, and charge for this information as follows:
base fee for 1 to 1,000 records at the cost to the department;
1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more
records at .5 cents per record. The revenue received from this
service may be used to offset expenses of programs as appropriated
in part 1. The balance of this revenue collected and unexpended at
the end of the fiscal year shall revert to the appropriate
restricted revenue account or fund or, in absence of such an
account or fund, to the general fund. The department shall submit
an annual report on or before December 1 of each year to the state
budget office and the subcommittees that states the amount of
revenue received from the sale of information.
Sec. 306. The Michigan state housing development authority
shall annually present a report to the state budget office and the
subcommittees on the status of the authority's housing production
goals under all financing programs established or administered by
the authority. The report shall give special attention to efforts
to raise affordable multifamily housing production goals.
Sec. 308. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in R 408.8151
of the Michigan administrative code and as determined under section
8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year. The department shall
submit a report on an annual basis to the state budget office and
the subcommittees on the amount of funds available under this
section.
Sec. 309. If the revenue collected by the department for
occupational safety and health from fees and collections exceeds
the amount appropriated in part 1, the revenue may be carried
forward into the subsequent fiscal year. The revenue carried
forward under this section shall be used as the first source of
funds in the subsequent fiscal year.
Sec. 310. Money appropriated under this act for fire safety
programs shall not be expended unless, in accordance with section
2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection
and plan review fees will be charged according to the following
schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 313. If the revenue collected by the department from
licensing and regulation fees exceeds the amount appropriated in
part 1, the revenue may be carried forward into the subsequent
fiscal year. During fiscal year 2005-2006, $15,000,000.00 of
insurance licensing fees shall be transferred to the general fund.
The revenue carried forward under this section shall be used as the
first source of funds in the subsequent fiscal year.
Sec. 314. Funds earned or authorized by the United States
department of labor in excess of the gross appropriation in part 1
for the unemployment insurance agency and the employment service
agency from the United States department of labor are appropriated
and may be expended for staffing and related expenses incurred in
the operation of its programs. These funds may be spent after the
department notifies the state budget office and the subcommittees
of the purpose and amount of each grant award.
Sec. 315. The department shall sell documents at a price not
to exceed the cost of production and distribution. Money received
from the sale of these documents shall revert to the department.
The funds are available for expenditure when they are received by
the department of treasury and may only be used for costs directly
related to the continued updating and distribution of the documents
pursuant to this section. This section applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary
commission operations manual, and other local government assistance
manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2349; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA
265, MCL 451.501 to 451.818.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) Copies of transcripts from administrative law hearings.
Sec. 317. The department, bureau of safety and regulation,
shall provide an annual report by February 1 of each year to the
state budget office, the fiscal agencies, and the subcommittees on
the number of individuals killed and the number of individuals
injured on the job within industries regulated by the bureau during
the most recent year for which data are available.
Sec. 322. From the funds appropriated in part 1 for utility
consumer representation, the department shall produce and
facilitate the airing of public service announcements that inform
utility customers of the availability and purpose of these funds.
The utility consumer participation board shall report to the
subcommittees, fiscal agencies, and state budget office by
September 30 on its efforts in this area, including the amount of
expenditures made for this purpose.
Sec. 326. The appropriation in part 1 for the Michigan
commission for the blind includes funds for case services. These
funds may be used for tuition payments for blind clients for the
school year beginning September 2004.
Sec. 332. It is the intent of the legislature that the
department make every effort to hold administrative law hearings on
actions initiated by the department against regulated businesses or
against individuals in regulated occupations in locations that are
within 150 miles of the regulated business or of the office of the
individual in a regulated occupation. In addition, it is the intent
of the legislature that the department make every effort to hold
administrative law hearings on actions initiated by an individual
outside the department in locations within 150 miles of the home of
the individual bringing the action if that individual wishes to
testify at the hearing.
Sec. 335. The public service commission shall report by June 1
of each year to the subcommittees, the state budget office, and the
fiscal agencies on the distribution of funds appropriated in part 1
for the low-income/energy efficiency assistance program.
Sec. 336. The department shall provide the subcommittees,
fiscal agencies, and state budget director with a report on or
before December 1 outlining actual expenditures for the last
completed fiscal year for each division within the office of
financial and insurance services.
Sec. 337. The department shall not expend funds from the
appropriations in part 1 for the office of financial and insurance
services for the purpose of implementing prohibitions on the use of
credit scoring in establishing insurance premiums by insurance
companies until the legislature has, by statute, authorized such a
prohibition.
Sec. 340. The office of financial and insurance services shall
provide copies of the quarterly and annual financial filings of
health maintenance organizations to the fiscal agencies on a timely
basis.
Sec. 349. The department and the Michigan state housing
development authority shall work collaboratively with other state
departments and agencies to maximize the use of available Michigan
state housing development authority fund equity to provide senior
assisted living that offers a continuum of care from independent
apartments to assisted living to nursing care and Alzheimer
programs.
Sec. 350. (1) The department shall allocate funds to promote
awareness of the right of a policyholder, subscriber, member,
enrollee, or other individual participating in a health benefit
plan, after the covered person has exhausted the health carrier's
internal grievance process provided for by law, to request an
external review for an adverse determination.
(2) As used in this section, "covered person" means that term
as defined in section 3 of the patient's right to independent
review act, 2000 PA 251, MCL 550.1903.
Sec. 351. (1) The department shall issue a report to the
subcommittees by the end of each calendar year, but not later than
December 31 of each year, showing the date each real estate
continuing education course was submitted for approval and the date
of final disposition, approval, or denial.
(2) The department shall post on its website the approved real
estate continuing education courses, as well as the dates, times,
instructors, locations, course title, and credit hours of the
courses.
(3) The department shall have available to the public online
the prelicensure and continuing education course approvals.
(4) It is the intent of the legislature that sponsors of
continuing education be able to report an applicant's or licensee's
completion of courses to the department via electronic methods.
Sec. 352. From the funds appropriated in part 1 for
unclassified salaries, the department shall provide funding for 5
worker's compensation appellate commissioners and 26 worker's
compensation board of magistrates. Expenditures shall be made so
that the 2 bodies shall decide worker's compensation cases in a
timely manner.
Sec. 355. Of the funds appropriated in part 1, no funds shall
be used to support the development of, or activities that promote
the development of, guidelines, rules, standards, protocols, or
other similar mandates that are more stringent than federal
voluntary ergonomics guidelines. This section does not prohibit any
person from adopting, or working with the state to develop,
voluntary ergonomics standards.
Sec. 356. It is the intent of the legislature that the
Michigan commission for the blind work collaboratively with service
organizations to identify qualified match dollars to maximize use
of available federal funds.
Sec. 358. The real estate education fund created in section 37
of the state license fee act, 1979 PA 152, MCL 338.2237, and
administered by the department shall allow prelicensure and
postlicensure education to be delivered through on-line courses by
a community college, university, or private school, after licensure
and approval by the department. Expenditures from this fund may
also be made to support department grants for educational providers
to establish on-line courses that would be made available to
students throughout the year.
Sec. 360. The department shall create a tracking system for
real estate license continuing education credits that would allow
the licensee to ascertain the number of approved course credits
that the licensee has completed.
Sec. 361. In addition to the amounts appropriated in part 1
for the administration of the land bank fast track authority, the
authority may expend revenues received under the land bank fast
track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes
authorized by the act including, but not limited to, the
acquisition, lease, management, demolition, maintenance, or
rehabilitation of real or personal property, payment of debt
service for notes or bonds issued by the authority, and other
expenses to clear or quiet title property held by the authority.
Sec. 362. Of the funds appropriated in part 1 for the
department, $200,000.00 may be used for administration and
enforcement of boxing regulation in Michigan.
Sec. 364. The department shall provide a report to the chairs
of the appropriation subcommittees on labor and economic growth by
January 1 on the total administrative costs allocated for the
broadband development authority. These costs should include all
staffing and other related costs associated with contracts. The
report shall also include any payments to date for reimbursement to
the Michigan state housing development authority. If no payments
have been made, then the report shall include a detailed plan
outlining the reimbursement schedule.
Sec. 365. From the funds appropriated in part 1 to the
Michigan occupational safety and health administration consultation
education and training (CET) grants, not less than $40,000.00 shall
be allocated to nonprofit organizations representing the aggregate
industry in Michigan.
Sec. 366. It is the intent of the legislature to fund the
workers' compensation administration with general fund money.
Sec. 367. The department shall develop a searchable website
where consumers can research the performance of licensed
residential builders, including the number of valid complaints
filed against the builder that require disciplinary actions taken
by the department. The website shall allow searches by licensee
name, company name, and license number.
Sec. 368. Funds collected by the department of labor and
economic growth under sections 55, 57, 58, and 59 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.255,
24.257, 24.258, and 24.259, and section 203 of the legislative
council act, 1986 PA 268, MCL 4.1203, are appropriated for all
expenses necessary to provide for the cost of publication and
distribution. The funds appropriated under this section are
allotted for expenditure when they are received by the department
of treasury and shall not lapse to the general fund at the end of
the fiscal year.
WORKFORCE AND CAREER DEVELOPMENT
Sec. 401. The Michigan career and technical institute may
receive equipment and in-kind contributions for the direct support
of staff services through the Pine Lake fund, the Delton-Kellogg
school district or other local or intermediate school district, or
any combination of local or intermediate school districts in
addition to those authorized in part 1.
Sec. 402. The Michigan rehabilitation service shall make every
effort to ensure that all sources of matching funds in this state
are used to obtain federal vocational rehabilitation funds. All
sources include, but are not limited to, privately raised funds to
support public nonprofit rehabilitation centers as permitted by the
rehabilitation act of 1973, Public Law 93-112, 29 USC 701 to 718,
720 to 751, 760 to 765, 771 to 776, 780 to 785, 791 to 794e, 795 to
795n, and 796 to 796l.
Sec. 403. The local match requirements for vocational
rehabilitation facilities establishment grants shall not exceed
21.3% for the fiscal year ending September 30.
Sec. 404. (1) Of the funds appropriated in part 1 for
vocational rehabilitation independent living, all general
fund/general purpose revenue not used to match federal funds shall
be used for the support of centers for independent living which are
in compliance with federal standards for such centers, for the
development of new centers in areas presently unserved or
underserved, for technical assistance to centers, and for projects
to build capacity of centers to deliver independent living
services. Applications for such funds shall be reviewed in
accordance with criteria and procedures established by the
statewide independent living council, the Michigan rehabilitation
services unit within the department, and the Michigan commission
for the blind. Funds must be used in a manner consistent with the
priorities established in the state plan for independent living.
The department is directed to work with the Michigan association of
centers for independent living and the local workforce development
boards to identify other competitive sources of funding.
(2) The statewide independent living council and the Michigan
association of centers for independent living shall jointly produce
a report providing the following information:
(a) Results in terms of enhanced statewide access to
independent living services to individuals who do not have access
to such services through other existing public agencies, including
measures by which these results can be monitored over time. These
measures shall include:
(i) Total number of persons assisted by the centers and a
comparison to the number assisted in the previous year.
(ii) Number of persons moved out of nursing homes into
independent living situations and a comparison to the number
assisted in the previous year.
(iii) Number of persons for whom accommodations were provided to
enable independent living or access to employment and a comparison
to the number assisted in the previous year.
(iv) The total number of disabled individuals served by
personal care attendants and the number of personal care attendants
provided through the use of any funds appropriated in part 1
administered by a center for independent living and a comparison to
the number served in the previous year.
(b) Information from each center for independent living
receiving funding through appropriations in part 1 detailing their
total budget for their most recently completed fiscal year as well
as the amount within that budget funded through the vocational
rehabilitation independent living grant program referenced in part
1, the total amount funded through other state agencies, the amount
funded through federal sources, and the amount funded through local
and private sources.
(c) Savings to state taxpayers in other specific areas that
can be shown to be the direct result of activities funded from the
vocational rehabilitation independent living grant program during
the most recently completed state fiscal year.
(3) The report required in subsection (2) shall be submitted
to the subcommittees, the fiscal agencies, and the state budget
director on or before January 30.
Sec. 405. (1) The appropriation in part 1 to the department
for the work first program shall be expended for grants that
provide employment and training services to department of human
services program applicants and recipients and may be expended for
grants that provide employment and training services to former
department of human services program recipients, as well as to
recipients of noncash public assistance, specifically child day
care, Medicaid, or food stamp benefits. The work first program,
however, shall not be construed to be an entitlement to services.
(2) An applicant may be a school district, intermediate school
district, community college, public or private nonprofit college or
university, nonprofit organization that provides school-to-work
transition programs or that provides employment and training
services or vocational rehabilitation programs or state licensed
accredited vocational or technical education programs, proprietary
school licensed by the state board of education, local workforce
development board, or a consortium consisting of any combination of
school districts, intermediate school districts, community
colleges, nonprofit organizations described in this subsection,
licensed proprietary schools, or public or private nonprofit
colleges or universities described in this subsection.
(3) The work first site shall identify the barriers which may
prevent the participant from obtaining employment and assist the
client in removing those barriers. The work first site shall also
identify appropriate education and job training programs which
would be available to the participant. The department shall
encourage the Michigan works! agencies to consider transportation
challenges for work first participants placed in employment. When
an individual is re-referred to work first because of an inability
to retain employment, the Michigan works! agencies shall confer
with the Michigan rehabilitation services, the department of human
services, or other professionals if considered appropriate by the
Michigan works! agency to screen for and identify issues that are
preventing the participant from succeeding in the labor market.
Each Michigan works! agency shall determine locally the number of
times an individual may be re-referred back to the program before
consulting with other service agencies. If no prohibitive barriers
to work are found, the individual shall comply with the work first
program, or be subject to appropriate penalties.
(4) Work first program participants shall include applicants
and recipients of the department of human services program
established under section 57a of the social welfare act, 1939 PA
280, MCL 400.57a, and such individuals referred to a job club
program by a county department of human services board or a county
friend of the court as long as the participation in the job club is
part of an application submitted under this section.
(5) Participants in the work first program shall not be
enrolled and counted in membership in a school district or
intermediate school district.
(6) The department will work with the department of human
services to coordinate support services to work first participants
relating to special/emergency needs.
(7) Work first program participants must receive or be
provided an explanation of the program including their benefits and
responsibilities before the job interview phase of the program.
This explanation shall include clear guidelines with regard to an
individual's eligibility for postemployment training support and
for applying hours in training toward work requirements.
(8) The department shall make every effort to place a minimum
of 50% of clients who participate in the work first program in
positions that provide wages of $8.00 per hour or more.
(9) The department shall submit to the fiscal agencies and the
state budget director by March 15 a report on the work first
program, including the number of participants served under this
section, the number of persons who located employment through work
first, the average wage of participants who found employment, the
number of persons who retained jobs for 90 days, the number of
participants placed in employment training and education programs,
the number of clients referred to work first who failed to report,
a compilation of barriers to employment by incidence and type
experienced by participants, and the number of participants
referred back to the department of human services.
(10) The department shall provide to the state budget director
and the fiscal agencies by May 15 and November 15 of each year a
report on the work first grants. The report due by May 15 shall
provide the information described in this subsection for each grant
or contract awarded during the preceding 2 quarters of the state
fiscal year. The report due by November 15 shall provide this
information for each grant or contract awarded during the preceding
full fiscal year. The report shall contain both of the following:
(a) The amount and recipient of each grant or contract.
(b) The number of participants in each service delivery area
and the number of clients placed in employment in each service
delivery area.
(11) The department shall make available to work first
participants guidelines on eligibility for postemployment training
and how training/education hours are applied toward work
participation requirements. These guidelines will be presented
during joint orientation conducted by the department of human
services and the department contracted staff in accordance with
department policy issuances and department of human services
program bulletins. These guidelines presented by the department and
the department of human services shall balance the ability of
participants to obtain training and subsequent long-term high-wage
employment with the need to connect participants with the
workplace. Any and all training/education, with the exception of
high school completion and GED preparation, must be occupationally
relevant and in demand in the labor market as determined by the
workforce development board. Participants must make satisfactory
progress to continue in a training/education component.
(12) The work participation requirement is up to 40 hours per
week. However, work first participants may meet the work
participation requirement by combining a minimum of 10 hours per
week of work with training/education. Training/education may last
up to 12 months and the calculated hours may include actual
classroom seat time up to 10 hours per week plus up to 1 hour of
study time for each hour of classroom seat time. Work first
participants may enroll in additional hours of classroom seat time
beyond 10 hours. However, these hours and the related study time
will not count toward the work participation requirement. The
training may be no longer than a 1-year program or the final year
of a 2- or 4-year undergraduate program designed to lead to
immediate labor force attachment.
(13) Work first participants may meet the work participation
requirement through enrollment in a short-term vocational program
requiring 30 hours of classroom seat time per week for a period not
to exceed 6 months, or by enrollment in full-time internships,
practicums, or clinicals required by an academic or training
institution for licensure, professional certification, or degree
completion, without an additional work requirement. In cases where
a short-term vocational program lasts less than 6 months, the
participant shall be eligible to enroll in 1 additional short-term
vocational program for a combined period not to exceed a total of 6
months.
(14) Work first participants who lack a high school diploma or
GED and who enroll in high school completion or classes to obtain a
GED may count up to 10 hours of classroom seat time, combined with
a minimum number of hours of work per week, to meet their work
participation requirement. There shall be no time limit on high
school completion. GED preparation shall be limited to 6 months.
Sec. 406. (1) Using all relevant state data sources, the
department shall conduct a 3-year longitudinal study of all former
work first participants, whose department of human services program
cases closed due to earnings during fiscal year 1999 and in
succeeding fiscal years. The data will include the following:
(a) The number and percentage employed.
(b) The average hourly wage of those employed.
(c) The current hourly wage of those employed.
(d) The range of wages earned by those employed.
(e) The number of individuals that earned each wage amount.
(f) The number and percentage receiving health care benefits
from their employer.
(g) The number and percentage receiving tuition reimbursement
from their employer.
(h) The number and percentage receiving training benefits from
their employer.
(i) The type of jobs obtained by former participants in
general categories.
(j) The length of time former participants have retained their
jobs, or if participants have had more than 1 job, the length of
time employed at each job.
(k) The number and percentage continuing to receive any type
of public assistance.
(l) If the former recipient has children, whether the children
are enrolled in and attending school.
(m) The extent to which the former participant feels that they
and their family are better off now than when they were on cash
assistance with regard to household income, housing, food and
nutritional needs, child health care, and access to health
insurance coverage.
(2) The department shall notify the subcommittees, fiscal
agencies, and state budget director electronically by March 15 of
the location of the Internet site where the report containing the
identified data is located.
(3) The department shall cooperate with the department of
human services in formulating and acquiring the identified data.
(4) The department may retain a third party to conduct the
studies to obtain the data identified under this section.
Sec. 407. State and federal funds allocated to local workforce
development boards for disbursement shall not be expended unless
the local workforce development boards maintain a partnership with
governmental agencies, public school districts, and public colleges
located within the local service delivery area. Each board shall
appoint an education advisory group made up of high-level
administrators within local educational institutions, workforce
development board members, other employers, labor, academic
educators, and parents of public school pupils.
Sec. 409. (1) Of the funds appropriated in part 1 for
precollege programs in engineering and the sciences, $340,050.00
shall be provided in the form of a grant to the Detroit precollege
engineering program, incorporated and $_______.00 shall be provided
in the form of a grant to the Grand Rapids area precollege
engineering program.
(2) The department shall submit a report to the subcommittees
and the fiscal agencies by February 1 regarding dropout rates,
grade point averages, enrollment in science, engineering, and math-
based curricula, and employment in science, engineering, and math-
based fields for students within the programs. The report shall
continue to evaluate the effectiveness of the precollege programs
in engineering and sciences funded through part 1 appropriations
and shall make recommendations on whether state support to expand
such programs to other areas of the state is warranted in future
fiscal years.
Sec. 410. (1) The department shall have at least 1 disabled
veterans outreach program specialist or local veterans employment
representative present, at each Michigan works! service center on a
full- or part-time basis during hours of operation.
(2) The department shall ensure that each Michigan works!
service center shall have the necessary equipment to allow the
disabled veterans outreach specialist or local veterans employment
representative to perform his or her duties in the same manner they
were performed prior to February 1, 1999.
(3) The department shall require each Michigan works! service
center to have an employee available to ask each individual who
enters the office for service whether that individual is a veteran
and to refer each veteran to the disabled veterans outreach program
specialist or local veterans employment representative on duty at
the time.
(4) The department shall require that each Michigan works!
service center shall have posted in a conspicuous place within the
office a notice advising veterans that a disabled veterans outreach
program specialist or a local veterans employment representative is
available to assist him or her.
(5) The department shall require each Michigan works! service
center to provide free mediated services to employers wishing to
hire a veteran.
(6) The department shall continue to make the appropriate
placement of veterans and disabled veterans a priority.
Sec. 414. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended.
Sec. 415. Of the amounts appropriated in part 1 for
postsecondary education, private occupational school license fees
shall fund related administrative costs of the proprietary schools
oversight unit within the department.
Sec. 417. The department is appropriated an amount not to
exceed $100,000.00 from collection of defaulted loans under the
future faculty program in the Martin Luther King, Jr. - Cesar
Chavez - Rosa Parks programs to offset costs of administering the
loan collections.
Sec. 418. From the funds appropriated in part 1 for
postsecondary education, the department shall compile data from
each university that receives funding for the future faculty
program within the King-Chavez-Parks initiative on employment
outcomes for program participants. The report shall be distributed
to the house and senate appropriations committees, the fiscal
agencies, and the state budget office by February 1 of each year.
The report shall include data from each participating university
covering the most recently completed fiscal year. The data shall
include all of the following:
(a) The number of participants receiving support under the
program.
(b) The number of participants obtaining full-time employment.
(c) The number of participants obtaining full-time employment
in college faculty positions.
(d) The number of participants obtaining full-time employment
in college faculty positions within the university through which
they received future faculty program support for graduate studies.
Sec. 421. The King-Chavez-Parks initiative shall be marketed
by the department to Michigan parents and high school and college
students, to promote the benefits and the availability of the
college day, select student support services, college/university
partnership, visiting professors, Morris Hood, Jr. educator
development, and future faculty programs. The department shall
provide electronic notification of the location of the report on
the Internet to the subcommittees on December 30, 2004, identifying
all efforts taken to market these programs, including, but not
limited to, the amount of funding allocated for this purpose, the
fund source and any expenditures or encumbrances relating to this
marketing effort. It is the intent of the legislature that the
department administer the King-Chavez-Parks initiative in the same
manner as when it was previously contained in the department of
education and consistent with all boilerplate language pertaining
to the above listed programs as included in the appropriations act
for higher education institutions.
Sec. 425. The department shall work cooperatively with the
department of civil service to identify state employees who will
lose their jobs as a result of an agency or program being
reorganized, modified, or eliminated and shall develop training
programs and provide training to these individuals that will
provide them an opportunity and skills necessary to secure new
employment within state government or the private sector. It shall
be a priority of the department to provide training and employment
opportunities to these individuals through their employment service
locations.
Sec. 426. From the funds appropriated in part 1 to job
training programs subgrantees, the department shall allocate
sufficient funds to the Michigan works! service centers to allow
these centers to remain fully operational.
Sec. 427. The youth low-vision program is considered the payer
of last resort. Other available public or private insurance
coverage, including Medicaid or MIChild, and special education
funds, shall be exhausted prior to using any funds appropriated in
part 1 to purchase low-vision devices or equipment for an
individual.
Sec. 429. (1) Focus: HOPE shall submit a report on the use of
the grant's funds appropriated in part 1 to the chairs of the
subcommittees, the fiscal agencies, and the state budget office
that includes, but is not limited to, the following:
(a) Detailed expenditures for administration including
salaries and wages of employees.
(b) Amount allocated for education and training programs
including number of students served by each program.
(c) Amount allocated for job search assistance and career
planning including the number of students served by each program.
(d) Detailed expenditures for any contracts entered into with
the use of these funds.
(e) Detailed expenditures for any program enhancements
including number of new hires and capital expenditures.
(2) The report shall be submitted on or before January 31.
MICHIGAN STRATEGIC FUND
Sec. 501. (1) The appropriation in part 1 to the fund for
economic development job training shall be expended in 2
categories: the business response program for employee training
grants which maintain or attract permanent jobs for Michigan
residents and the manufacturing competitiveness program for grants
to fund collaborative efforts which increase the competitiveness of
multiple companies within a grant. The business response program is
allocated up to $7,865,000.00, and the manufacturing
competitiveness program is allocated up to $3,933,000.00 not to
exceed the part 1 appropriation for this program in its entirety.
The fund has the authority to reallocate these amounts during the
fiscal year dependent on business demand and economic conditions.
(2) Not more than $800,000.00 of the total grant may be
expended for administrative costs. Not more than 10% of the total
grant award may be expended by a recipient for administration
costs.
(3) No funds appropriated in part 1 to the fund for economic
development job training grants may be expended for the training of
permanent striker replacement workers, unless a strike exceeds 3
years and good faith negotiations are ongoing.
(4) Of the total funds appropriated in part 1 for economic
development job training grants, at least 75% of the funds shall be
awarded to community colleges or a consortium of community colleges
and other eligible applicants pursuant to subsection (5).
(5) An applicant may be a school district, intermediate school
district, community college, public or private nonprofit college or
university, nonprofit organization whose primary purpose is to
provide education programs or employment and training services or
vocational rehabilitation programs or school-to-work transition
programs, local workforce development board, the headquarters of a
federal and state sponsored manufacturing technology center, or a
consortium consisting of any combination of school districts,
intermediate school districts, community colleges, nonprofit
organizations described in this subsection, or public or private
nonprofit colleges or universities described in this subsection.
(6) On or before October 1, the fund shall publish proposed
application criteria, instructions, and forms for use by eligible
applicants. The fund shall provide at least a 2-week period for
public comment prior to finalization of the application criteria,
instructions, and forms.
(7) The award process will include a simple notice of intent
to be reviewed to see if the application merits further
consideration. If so, a full application may be submitted.
Applications for all grants shall be submitted to the fund, and
each application shall contain at least all of the following:
(a) The name, address, and total number of employees of each
business organization whose employees are receiving job training.
(b) A description of the specific job skills that will be
taught.
(c) A clear statement of the project's scope of activities and
number of participants to be involved.
(d) A commitment to maintain participant records in a form and
manner required by the fund.
(e) A budget which relates to the proposed activities and
various program components.
(8) Priority in the fund's awarding of grants shall be based
on the following criteria:
(a) Demonstrated need for the type of training offered.
(b) Creation and/or retention of high wage and high skilled
level jobs.
(c) Other criteria determined by the fund to be important.
(d) In addition, for the manufacturing competitiveness
program, the following criteria will receive priority: strong level
of collaboration and cooperation and demonstration of new
techniques, systems, and processes of value to the affected
companies.
(9) Participants in economic development job training programs
shall be 16 years or older and not enrolled and counted in
membership in a school district, intermediate school district, or
community college.
(10) A recipient of a grant under this section shall not
charge tuition or fees to participants in the program funded by the
grant. However, a nonprofit organization may charge tuition or fees
if the tuition plan or fees are recognized by the state and the
nonprofit organization receives additional funding from other
governmental or private funding sources for its programs.
(11) For training delivered to incumbent workers under the
business response program, the business receiving the benefit of
the training shall provide a minimum of 20% of the program costs in
matching funds as necessitated by the program. For training
delivered under the manufacturing competitiveness program, the
business receiving the benefit of the training shall provide a
minimum of 30% of the program costs in matching funds as
necessitated by the program.
(12) Grant funds shall be expended on a cost reimbursement
basis.
(13) A recipient of a grant under this section shall allow the
fund or the agency's designee to audit all records related to the
grant for all entities that receive money, either directly or
indirectly through a contract, from the grant funds. A grant
recipient or contractor shall reimburse the state for all
disallowances found in the audit.
(14) The fund shall provide to the state budget director and
the fiscal agencies by May 1 and November 1 of each year a report
on the economic development job training grants. The report due by
May 1 shall provide the information described in this subsection
for each grant or contract awarded during the preceding 2 quarters
of the state fiscal year. The report due by November 1 shall
provide this information for each grant or contract awarded during
the preceding full fiscal year. The report shall contain all of the
following:
(a) The amount and recipient of each grant or contract.
(b) The number of participants under each grant or contract
and the number of new hires who are in training under the grant.
(c) The names, addresses, and total number of employees of all
business organizations for whom training is or will be provided.
(d) The matching funds, if any, to be provided by a business
organization.
(15) Of the funds appropriated in part 1 for economic
development job training grants, the fund shall not use these funds
to finance the startup or in any way subsidize any private
distributor of liquor products in Michigan.
(16) As a condition of receiving funds under part 1 of this
act, the fund shall not expend any of the economic development job
training grant funds to train any employee who is an officer of a
corporation in a corporation employing more than 250 employees.
Sec. 502. The Michigan growth capital fund shall be used to
develop the technology business sector in Michigan. The Michigan
growth capital fund will be used to encourage private and public
investment in the technology business sector, and all of the
following apply:
(a) An applicant must match state funds on a 1:1 basis.
(b) Eligible uses of the Michigan growth capital fund include
investments in organizations and programs that promote the
development of new industry sectors in Michigan; inducements to
attract additional venture capital funds to finance technology
development; support organizations, initiatives, or events that
promote entrepreneurship; provide match for university federal
research grants; and support technology transfer and
commercialization programs with universities and the private
sector.
(c) The Michigan economic development corporation shall
administer the Michigan growth capital fund.
(d) All funds received from repayment of loans, unused grants,
revenues received from sales or cash flow participation agreements,
guarantees, or any combination thereof or interest thereon,
originally distributed as part of the Michigan growth capital fund,
shall be received, held, and applied by the fund for the purposes
described in this subsection.
(e) The Michigan economic development corporation shall
provide an annual report on the status of the Michigan growth
capital fund to the subcommittees, the fiscal agencies, and the
state budget office by January 31.
Sec. 503. Travel Michigan may establish and collect a fee to
cover the cost of materials and processing of photographic prints,
slides, videotapes, and travel product database information that
are requested by the media and other segments of the public and
private sectors. The fees collected shall be appropriated for all
expenses necessary to purchase and distribute these photographic
prints, slides, videotapes, and travel product database
information. The funds are available for expenditure when they are
received by the department of treasury.
Sec. 504. Travel Michigan may receive and expend private
revenue related to the use of the "Michigan Great Lakes. Great
Times." copyrighted slogan and image. This revenue may come from
the direct licensing of the name and image or from the royalty
payments from various merchandise sales. Revenue collected is
appropriated for the marketing of the state as a travel
destination. The funds are available for expenditure when they are
received by the department of treasury.
Sec. 506. The fund shall submit on or before May 1 and
November 1 to the subcommittees, state budget office, and the
fiscal agencies a listing of all grants which have been awarded by
the fund or by the Michigan economic development corporation from
the funds appropriated in part 1. The list shall include all of the
following:
(a) The name of the recipient.
(b) The amount awarded to the recipient.
(c) The purpose of the grant.
Sec. 507. (1) The fund shall provide reports to the relevant
subcommittees, the state budget director, and the fiscal agencies
concerning the activities of the Michigan economic development
corporation grants and investment programs financed from the fund
using investment or Indian gaming revenues. The report shall
provide a list of individual grants and loans made from the fund.
The report shall include, but not be limited to, the following
programs funded in part 1:
(a) Travel Michigan.
(b) Michigan business development.
(c) Global business development.
(d) Small, minority, and disabled business services.
(e) Community development block grants.
(f) Strategic fund administration.
(g) Renaissance zones.
(h) Emerging business sectors and roundtables.
(i) Business and clean air ombudsman.
(j) Economic development job training grants.
(k) Community assistance team.
(l) Technology tri-corridor.
(m) Any other programs of the fund.
(2) The reports in subsection (1) shall be submitted by
January 1. The report for each program in subsection (1)(a) through
(m) shall include details on the actual spending and number of FTEs
for that program for the previous fiscal year.
Sec. 508. As a condition of receiving funds under part 1, any
interlocal agreement entered into by the fund shall include
language which states that if a local unit of government has a
contract or memorandum of understanding with a private economic
development agency, the Michigan economic development corporation
will work cooperatively with that private organization in that
local area.
Sec. 509. (1) Of the funds appropriated to the fund or through
grants to the Michigan economic development corporation, no funds
shall be expended for the purchase of options on land or the
purchase of land unless at least 1 of the following conditions
applies:
(a) The land is located in an economically distressed area.
(b) The land is obtained through a purchase or exercise of an
option at the invitation of the local unit of government and local
economic development agency.
(2) Consideration may be given to purchases where the proposed
use of the land is consistent with a regional land use plan, will
result in the redevelopment of an economically distressed area, can
be supported by existing infrastructure, and will not cause shifts
in population away from the area's population centers.
Senate Bill No. 276 as amended June 16, 2005
(3) As used in this section, "economically distressed area"
means an area in a city, village, or township that has been
designated as blighted; a city, village, or township that shows
negative population change from 1970 and a poverty rate and
unemployment rate greater than the statewide average; or an area
certified as a neighborhood enterprise zone.
Sec. 510. The appropriation in part 1 for the strategic
economic investment board is for the purposes of increasing the
amount of research and development taking place in Michigan
universities, companies, and nonprofit research institutions and
accelerating the pace of commercialization. The proceeds of the
bonds shall be distributed by the strategic economic investment
board as described in Senate Bill No. 533 of the 93rd Legislature.
Funding shall be distributed in the following manner:
(a) Not less than 50% for life sciences technology. <<Of the funds
allocated for life sciences technology, $1,500,000.00 shall be allocated to a private research institute that has received a specific federal appropriation prior to 2005 for the creation of a good manufacturing practice facility. The facility shall be used for the production of drugs approved for use in clinical trials, as approved by the United States food and drug administration, and shall work to market the core technology alliance for the purposes of commercialization and providing access to advanced technologies to researchers affiliated with universities, private research institutes, and biotech or pharmaceutical firms. It is the intent of the legislature that $1,500,000.00 shall be made available for these purposes in fiscal year 2007.>>
(b) The balance for advanced automotive technology,
manufacturing and materials technology, alternative energy
technology, and homeland security and defense technology.
Sec. 511. The money appropriated in part 1 to the fund is
subject to the condition that none is spent for premiums or
advertising material involving personal effects or apparel
including, but not limited to, T-shirts, hats, coffee mugs, or
other promotional items, except travel Michigan.
Sec. 512. (1) From the general fund/general purpose
appropriations in part 1 to the fund and granted or transferred to
the Michigan economic development corporation, any unexpended or
unencumbered balance shall be disposed of in accordance with the
requirements in the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, unless carryforward authorization has been
otherwise provided for.
(2) Any encumbered funds shall be used for the same purposes
for which funding was originally appropriated in this act.
Sec. 513. As a condition of receiving funds under part 1, the
fund shall ensure that the MEDC and the fund comply with all of the
following:
(a) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c) Annual audits of all financial records by the auditor
general or his or her designee.
(d) All reports required by law to be submitted to the
legislature.
(e) If the MEDC is unable for any reason to perform duties
under this act, the fund may exercise those duties.
Sec. 514. As a condition for receiving the appropriations in
part 1, any staff of the Michigan economic development corporation
involved in private fund-raising activities shall not be party to
any decisions regarding the awarding of grants or tax abatements
from the fund, the Michigan economic development corporation, or
the Michigan economic growth authority.
Sec. 515. (1) All funds received from repayment of loans,
unused grants, revenues received from sales or cash flow
participation agreements, guarantees, or any combination thereof or
interest thereon, originally distributed as part of the core
communities fund, shall be received, held, and applied by the fund
for the purposes described in this act.
(2) The fund shall provide an annual report on the status of
this fund. The report shall be provided to the subcommittees, the
fiscal agencies, and the state budget office by January 31.
Sec. 518. (1) The funding appropriated in part 1 of 2000 PA
291 for the Michigan core communities fund may be used to create an
urban revitalization infrastructure program in the fund for
economic development awards to create new jobs or contribute to
redevelopment and encourage private investment in core communities.
(2) Awards may be provided to qualified local governmental
units as defined in the obsolete property rehabilitation act, 2000
PA 146, or certified technology parks, as defined in the local
development financing act, 1986 PA 281, MCL 125.2151 to 125.2174.
(3) Awards can be used for land and property acquisition and
assembly, demolition, site development, utility modifications and
improvements, street and road improvements, telecommunication
infrastructure, site location and relocation, infrastructure
improvements, and any other costs related to the successful
development and implementation of core community or certified
technology park projects, at the discretion of the Michigan
economic development corporation.
(4) Funding may be provided in the form of loans, grants,
sales or cash flow participation agreements, guarantees, or any
combination of these. A cash match of at least 10%, or local
repayment guarantee with a dedicated funding source, is required.
Priority shall be given to projects which are integrated with
existing economic development programs, and to projects in
proportion to the amount that local matching rates exceed 10%.
(5) The Michigan economic development corporation shall have
all administrative responsibility for the Michigan core communities
fund and shall establish application and application scoring
criteria and approve awards. The Michigan economic development
corporation may utilize up to 1/2 of 1% of the fund for
administrative purposes.
(6) Funds will be awarded through an open competitive process
based on criteria including the following: project impact, project
marketability, lack of adequate infrastructure or land assembly
financing sources, local administrative capacity, and the level of
local matching funds. Awardees shall agree to expedite the local
development process, such as fast-track permitting procedures,
streamlined regulatory requirements, standardized construction and
building codes, and the use of competitive construction permitting
fees.
(7) No single applicant shall be awarded more than
$10,000,000.00 per project.
(8) Fifteen days prior to the award of the funds, notification
shall be provided to the speaker of the house of representatives,
the senate majority leader, the members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director.
(9) Funds shall not be awarded for any of the following
purposes:
(a) Land sited for use as, or support for, a gaming facility.
Senate Bill No. 276 as amended June 16, 2005
(b) Land or other facilities owned or operated by a gaming
facility.
(c) Publicly owned land or facilities which may directly or
indirectly support a gaming facility.
Sec. 519. It is the intent of the legislature that the members
of the executive committee of the corporation board of the MEDC be
subject to the advice and consent of the senate.
Sec. 523. Of the funds appropriated in part 1 for the Michigan
strategic fund unit, job creation services line, $1,525,000.00 in
general fund/general purpose revenue shall be used to provide
funding to procurement technical assistance centers.
Sec. 524. Of the funds appropriated in part 1 for the job
creation services line item, <<$500,000.00>> in general fund/general
purpose revenue shall be used to fund 5.0 full-time equivalent
employees and administrative expenses of a defense contract
coordination center.
<<Sec. 525. (1) Contingent upon the failure of Senate Joint
Resolution C to be ratified by the electors in this state on November 8,
2005, there is appropriated for the technology tri-corridor: life
sciences initiative $30,000,000.00 general fund/general purpose revenue
for the fiscal year ending September 30, 2006. All funding for the areas
of homeland security, automotive initiative and alternative energy shall be funded from the Indian casino revenue or other federal sources. The program shall be administered by the Michigan economic development corporation.
(2) A technology tri-corridor steering committee, appointed by the governor, shall consist of 19 members including the CEO, the director, the state treasurer, a member from Michigan State University, the University of Michigan, Wayne State University, Western Michigan University, and the Van Andel Institute, 2 members representing the legislature, 1 of whom is chosen by the speaker of the house of representatives and 1 of whom is chosen by the majority leader of the senate, and 2 members actively engaged in each of the 3 targeted business sectors. The remaining members shall be appointed at large and may include members from the private sector, public sector, or other Michigan
Senate Bill No. 276 as amended June 16, 2005
universities. Committee members are authorized to designate alternate
members. The purpose of the steering committee is to provide advice and oversight of the initiative, including the development of criteria for the awards to qualifying universities, institutions, companies, or individuals. The steering committee will make decisions regarding distribution of these funds.
(3) Of the funds appropriated, $1,500,000.00 shall be allocated to a private research institute that has received a specific federal appropriation prior to 2005 for the creation of a good manufacturing practice facility. The facility shall be used for the production of drugs approved for use in clinical trials, as approved by the United States Food and Drug Administration and shall work to market the core technology alliance for the purposes of commercialization and providing access to advanced technologies to researchers affiliated with universities, private research institutes, and biotech or pharmaceutical firms. It is the intent of the legislature that $1,500,000.00 shall be made available for these purposes in fiscal year 2007.
(4) Of the funds appropriated, up to $2,500,000.00 may be used for administering the life sciences initiative including the monitoring of previous years' awards. Not less than $5,000,000.00 shall be used to support a competitive business commercial development fund to support business commercialization research opportunities in Michigan. In allocating funding to the business commercial development fund, the steering committee shall give maximum priority to supporting all potential commercialization opportunities that appear to have merit. Funds appropriated for the life science initiative may be allocated for basic research, applied research, and commercialization. All applications shall be peer reviewed and funds shall be allocated on a competitive basis.
(5) Repayment of any funds received as a result of awards made under 1999 PA 120, 2000 PA 292, 2001 PA 80, 2002 PA 517, 2003 PA 169, or 2004 PA 354 or this act including, but not limited to, funds received as interest or return on investment shall be deposited in the business commercial development fund. These funds are authorized for expenditure upon receipt and shall not lapse to the general fund.
(6) The records of the steering committee involving a proposal submitted by an eligible entity that are of a scientific, technical, or proprietary nature, the release of which could cause competitive harm to the eligible entity as determined by the steering committee, are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.>>
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Senate Bill No. 276 as amended June 16, 2005
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