SB-1087, As Passed Senate, May 24, 2006
SUBSTITUTE FOR
SENATE BILL NO. 1087
A bill to make, supplement, and adjust appropriations for the
departments of attorney general, civil rights, civil service,
information technology, management and budget, state, and treasury,
the executive office, and the legislative branch for the fiscal
year ending September 30, 2007; to provide for the expenditure of
these appropriations; to provide for the funding of certain work
projects; to provide for the imposition of certain fees; to
establish or continue certain funds, programs, and categories; to
transfer certain funds; to prescribe certain requirements for
bidding on state contracts; to provide for disposition of year-end
balances; to prescribe the powers and duties of certain principal
executive departments and state agencies, officials, and employees;
Senate Bill No. 1087 as amended May 24, 2006
and to provide for the disposition of fees and other income
received by the various principal executive departments and state
agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the departments of
attorney general, civil rights, civil service, information
technology, management and budget, state, and treasury, the
executive office, the legislative branch, and certain other state
purposes, for the fiscal year ending September 30, 2007, from the
funds indicated in this part. The following is a summary of the
appropriations in this part:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY:
Full-time equated unclassified positions......... 49.0
Full-time equated classified positions........ 7,250.4
GROSS APPROPRIATION............................... $<<3,013,476,000>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 591,363,800
ADJUSTED GROSS APPROPRIATION...................... $<<2,422,112,200>>
Federal revenues:
Total federal revenues................................. 103,227,200
Special revenue funds:
Total local revenues................................... 2,766,200
Senate Bill No. 1087 as amended May 24, 2006
Total private revenues................................. 1,250,100
Total other state restricted revenues.................. 1,670,243,000
State general fund/general purpose..................... $ <<644,625,700>>
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 559.0
GROSS APPROPRIATION.................................... $ 68,104,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,914,300
ADJUSTED GROSS APPROPRIATION........................... $ 54,189,700
Federal revenues:
Total federal revenues................................. 10,236,500
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 11,485,500
State general fund/general purpose..................... $ 32,467,700
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 559.0
Attorney general....................................... $ 124,900
Unclassified positions--5.0 FTE positions.............. 476,300
Attorney general operations--519.0 FTE positions....... 61,742,300
Child support enforcement--25.0 FTE positions.......... 2,851,500
Prosecuting attorneys coordinating council--15.0 FTE
positions............................................ 1,844,300
PACC, training project................................. 325,000
GROSS APPROPRIATION.................................... $ 67,364,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, health services......................... 1,780,300
IDG from MDHS.......................................... 3,209,200
IDG from MDLEG, financial and insurance services....... 1,068,300
IDG from MDLEG, public utility assessments............. 1,965,300
IDG from MDMB, risk management revolving fund.......... 1,321,300
IDG from MDOT, comprehensive transportation fund....... 153,400
IDG from MDOT, state aeronautics fund.................. 151,400
IDG from MDOT, state trunkline fund.................... 2,708,300
IDG from MDSP, Michigan justice training fund.......... 325,000
IDG from Michigan gaming control board................. 979,500
IDG from treasury, land reutilization fund............. 252,300
Federal revenues:
DAG, state administrative match grant/food stamps...... 387,700
DED-OPSE, student loan, federal lender allowance....... 320,200
DOL-ETA, unemployment insurance........................ 1,564,500
DOL-OSHA, occupational safety and health............... 274,700
EPA, multiple grants................................... 280,800
Federal funds.......................................... 2,624,200
HHS, medical assistance, medigrant..................... 628,100
HHS-OS, state Medicaid fraud control units............. 4,156,300
Special revenue funds:
Antitrust enforcement collections...................... 627,200
Attorney general's operations fund..................... 838,200
Auto repair facilities fees............................ 225,500
Collections revenue.................................... 683,200
Environmental response fund............................ 760,400
Franchise fees......................................... 282,600
Game and fish protection fund.......................... 740,800
Liquor purchase revolving fund......................... 1,025,100
Manufactured housing fees.............................. 219,900
Merit award trust fund................................. 406,700
Michigan state housing development authority fees...... 552,300
Oil and gas privilege fee revenue...................... 198,600
Prisoner reimbursement................................. 445,800
Prosecuting attorneys training fees.................... 357,700
Real estate enforcement fund........................... 226,000
Retirement funds....................................... 730,000
Second injury fund..................................... 999,800
Self-insurers security fund............................ 168,700
Silicosis and dust disease fund........................ 516,000
State building authority revenue....................... 94,700
State hospital authority............................... 357,500
State lottery fund..................................... 239,700
Utility consumers fund................................. 539,500
Waterways fund......................................... 96,700
Worker's compensation administrative revolving fund.... 152,900
State general fund/general purpose..................... $ 31,728,000
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 739,700
GROSS APPROPRIATION.................................... $ 739,700
Appropriated from:
State general fund/general purpose..................... $ 739,700
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 136.0
GROSS APPROPRIATION.................................... $ 13,858,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 13,858,000
Federal revenues:
Total federal revenues................................. 1,566,200
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 12,291,800
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 136.0
Unclassified positions--5.0 FTE positions.............. $ 264,100
Civil rights operations--136.0 FTE positions........... 12,804,900
Human resources optimization user charges.............. 8,500
GROSS APPROPRIATION.................................... $ 13,077,500
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 1,024,800
HUD, grant............................................. 541,400
State general fund/general purpose..................... $ 11,511,300
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 780,500
GROSS APPROPRIATION.................................... $ 780,500
Appropriated from:
State general fund/general purpose..................... $ 780,500
Sec. 104. DEPARTMENT OF CIVIL SERVICE
(1) APPROPRIATION SUMMARY
Full-time equated classified positions.......... 240.5
GROSS APPROPRIATION.................................... $ 36,456,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 5,788,100
ADJUSTED GROSS APPROPRIATION........................... $ 30,668,200
Federal revenues:
Total federal revenues................................. 4,779,100
Special revenue funds:
Total local revenues................................... 1,700,000
Total private revenues................................. 150,000
Total other state restricted revenues.................. 17,157,500
State general fund/general purpose..................... $ 6,881,600
(2) CIVIL SERVICE OPERATIONS
Full-time equated classified positions.......... 240.5
Agency services--118.5 FTE positions................... $ 12,840,100
Executive direction--45.0 FTE positions................ 8,496,100
Employee benefits--31.0 FTE positions.................. 5,769,500
Audit and compliance--16.0 FTE positions............... 2,114,600
Training............................................... 1,300,000
Human resources optimization--30.0 FTE positions....... 2,117,200
GROSS APPROPRIATION.................................... $ 32,637,500
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges.................................. 1,300,000
IDG, 1% special funds.................................. 1,300,000
IDG, human resources optimization user charges......... 2,117,200
Federal revenues:
Federal funds 1%....................................... 3,637,100
Special revenue funds:
Local funds 1%......................................... 1,700,000
Private funds 1%....................................... 150,000
Freedom of information fees............................ 1,100
State restricted funds 1%.............................. 7,744,300
State sponsored group insurance........................ 2,650,000
State sponsored group insurance, flexible spending
accounts and COBRA................................... 5,769,500
State general fund/general purpose..................... $ 6,268,300
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 3,818,800
GROSS APPROPRIATION.................................... $ 3,818,800
Appropriated from:
Interdepartmental grant revenues:
IDG, human resources optimization user charges......... 1,070,900
Federal revenues:
Federal funds 1%....................................... 1,142,000
Special revenue funds:
State restricted funds 1%.............................. 852,300
State sponsored group insurance, flexible spending
accounts and COBRA................................... 140,300
State general fund/general purpose..................... $ 613,300
Sec. 105. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
GROSS APPROPRIATION.................................... $ 5,466,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 5,466,800
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 5,466,800
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
Governor............................................... $ 177,000
Lieutenant governor.................................... 123,900
Executive office--74.2 FTE positions................... 4,316,100
Unclassified positions--8.0 FTE positions.............. 849,800
GROSS APPROPRIATION.................................... $ 5,466,800
Appropriated from:
State general fund/general purpose..................... $ 5,466,800
Sec. 106. DEPARTMENT OF INFORMATION TECHNOLOGY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,785.4
GROSS APPROPRIATION.................................... $ 380,639,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 380,639,600
ADJUSTED GROSS APPROPRIATION........................... $ 0
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 0
(2) ADMINISTRATION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,785.4
Unclassified positions--6.0 FTE positions.............. $ 300,000
2-1-1 program.......................................... 100
Enterprisewide services--75.0 FTE positions............ 23,574,000
Health and human services--784.6 FTE positions......... 211,308,100
Education services--38.9 FTE positions................. 3,173,500
Public protection--302.0 FTE positions................. 39,860,800
Resources services--171.1 FTE positions................ 16,769,900
Transportation services--107.0 FTE positions........... 27,504,900
General services--306.8 FTE positions.................. 58,148,300
GROSS APPROPRIATION.................................... $ 380,639,600
Appropriated from:
Interdepartmental grant revenues:
IDG from user fees..................................... 100
IDG from department of agriculture..................... 1,537,800
IDG from department of attorney general................ 739,700
IDG from department of civil rights.................... 780,500
IDG from department of civil service................... 3,818,800
IDG from department of community health................ 33,544,600
IDG from department of corrections..................... 16,618,500
IDG from department of education....................... 2,614,700
IDG from department of environmental quality........... 6,810,400
IDG from Michigan gaming control board................. 1,286,000
IDG from department of history, arts, and libraries.... 953,100
IDG from department of human services.................. 136,083,900
IDG from department of labor and economic growth....... 43,188,500
IDG from bureau of state lottery....................... 4,497,300
IDG from department of management and budget........... 28,433,600
IDG from department of military and veterans affairs... 1,161,700
IDG from department of natural resources............... 9,002,900
IDG from department of state........................... 23,629,300
IDG from department of state police.................... 21,035,700
IDG from department of transportation.................. 27,876,500
IDG from department of treasury........................ 17,026,000
State general fund/general purpose..................... $ 0
Sec. 107. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 131,642,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,801,500
ADJUSTED GROSS APPROPRIATION........................... $ 129,840,500
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 400,000
Total other state restricted revenues.................. 2,649,700
State general fund/general purpose..................... $ 126,790,800
(2) LEGISLATURE
Senate................................................. $ 30,044,700
Senate automated data processing....................... 2,662,400
Senate fiscal agency................................... 3,197,800
House of representatives............................... 46,519,900
House automated data processing........................ 2,114,500
House fiscal agency.................................... 3,094,300
Legislative auditor general............................ 15,981,800
GROSS APPROPRIATION.................................... $ 103,615,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCS.......................................... 107,900
IDG from MDLEG, liquor purchase revolving fund......... 11,300
IDG from MDOT, comprehensive transportation fund....... 25,200
IDG from MDOT, Michigan transportation fund............ 204,300
IDG from MDOT, state aeronautics fund.................. 19,600
IDG from MDOT, state trunkline fund.................... 474,600
IDG, single audit act.................................. 958,600
Special revenue funds:
Cadillac local development finance authority........... 12,000
Clean Michigan initiative implementation bond fund..... 37,500
Commercial mobile radio system emergency telephone
fund................................................. 37,500
Construction lien fund................................. 7,200
Contract audit administration fees..................... 52,700
Correctional industries revolving fund................. 31,300
Fee adequacy, air quality delegated authority.......... 9,400
Game and fish protection fund.......................... 21,400
Legislative retirement system.......................... 18,700
Marine safety fund..................................... 1,900
Michigan economic development corporation.............. 41,200
Michigan education trust fund.......................... 30,000
Michigan justice training commission fund.............. 28,100
Michigan state fair revolving fund..................... 33,000
Michigan state housing development authority fees...... 22,100
Michigan strategic fund................................ 87,500
Michigan tobacco settlement authority.................. 75,000
Michigan veterans' trust fund.......................... 24,400
Motor transport revolving fund......................... 4,700
Office services revolving fund......................... 6,800
State disbursement unit, office of child support....... 25,000
State services fee fund................................ 926,900
Waterways fund......................................... 5,600
State general fund/general purpose..................... $ 100,274,000
(3) LEGISLATIVE COUNCIL
Legislative council.................................... $ 10,439,600
Legislative service bureau automated data processing... 1,435,700
Worker's compensation.................................. 138,800
National association dues.............................. 102,200
GROSS APPROPRIATION.................................... $ 12,116,300
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 11,716,300
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses......................... $ 4,506,600
GROSS APPROPRIATION.................................... $ 4,506,600
Appropriated from:
Special revenue funds:
Court fees............................................. 1,109,800
State general fund/general purpose..................... $ 3,396,800
(5) PROPERTY MANAGEMENT
Capitol building....................................... $ 2,344,900
Cora Anderson building................................. 8,098,600
Farnum building and other properties................... 960,200
GROSS APPROPRIATION.................................... $ 11,403,700
Appropriated from:
State general fund/general purpose..................... $ 11,403,700
Sec. 108. DEPARTMENT OF MANAGEMENT AND BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 7.0
Full-time equated classified positions.......... 752.0
GROSS APPROPRIATION.................................... $ 496,877,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 155,293,500
ADJUSTED GROSS APPROPRIATION........................... $ 341,583,600
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 67,438,900
State general fund/general purpose..................... $ 274,144,700
(2) MANAGEMENT AND BUDGET SERVICES
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 588.5
Unclassified positions--6.0 FTE positions.............. $ 570,800
Executive operations--21.0 FTE positions............... 2,429,700
Administrative services--61.5 FTE positions............ 6,319,500
Budget and financial management--113.5 FTE positions... 10,196,100
Office of the state employer--23.0 FTE positions....... 2,706,900
Design and construction services--40.0 FTE positions... 5,162,600
Business support services--88.5 FTE positions.......... 7,831,800
Building operation services--241.0 FTE positions....... 87,546,000
Building occupancy charges, rent, and utilities........ 4,179,600
Human resources optimization user charges.............. 64,200
Motor vehicle fleet.................................... 56,724,200
Gubernatorial transition fund.......................... 1,200,000
GROSS APPROPRIATION.................................... $ 184,931,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, state aeronautics fund.................. 37,500
IDG from MDOT, comprehensive transportation fund....... 60,300
IDG from MDOT, state trunkline fund.................... 1,319,000
IDG from building occupancy and parking charges........ 90,280,400
IDG from department of labor and economic growth....... 100,000
IDG from motor transport fund.......................... 56,724,200
IDG from MDCH.......................................... 425,800
IDG from MDHS.......................................... 102,400
IDG from user fees..................................... 5,175,700
Special revenue funds:
Game and fish protection fund.......................... 249,300
Health management funds................................ 1,684,400
Marine safety fund..................................... 22,400
Special revenue, internal service, and pension trust
funds................................................ 9,002,100
State building authority revenue....................... 587,200
State lottery fund..................................... 108,600
State services fee fund................................ 75,300
Waterways fund......................................... 56,700
State general fund/general purpose..................... $ 18,920,100
(3) STATEWIDE APPROPRIATIONS
Professional development fund - MPES................... $ 125,000
Professional development fund - AFSCME................. 50,000
GROSS APPROPRIATION.................................... $ 175,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................ 175,000
State general fund/general purpose..................... $ 0
(4) SPECIAL PROGRAMS
Full-time equated classified positions.......... 154.5
Building occupancy charges - property management
services for executive/legislative building
occupancy............................................ $ 1,878,200
Retirement services--140.5 FTE positions............... 16,044,800
Office of children's ombudsman--14.0 FTE positions..... 1,384,800
GROSS APPROPRIATION.................................... $ 19,307,800
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 1,542,400
Pension trust funds.................................... 14,502,400
State general fund/general purpose..................... $ 3,263,000
(5) STATE FAIR
Full-time equated unclassified positions.......... 1.0
Full-time equated classified positions............ 9.0
Unclassified positions--1.0 FTE position............... $ 101,000
Michigan state fair operations--9.0 FTE positions...... 6,360,400
Michigan state fair information technology............. 88,800
GROSS APPROPRIATION.................................... $ 6,550,200
Appropriated from:
Special revenue funds:
State exposition and fairgrounds fund.................. 6,550,200
State general fund/general purpose..................... $ 0
(6) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 28,115,600
GROSS APPROPRIATION.................................... $ 28,115,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, state aeronautics fund.................. 1,100
IDG from MDOT, comprehensive transportation fund....... 2,100
IDG from MDOT, state trunkline fund.................... 47,500
IDG from building occupancy and parking charges........ 655,700
IDG from user fees..................................... 186,800
Special revenue funds:
Deferred compensation.................................. 2,600
Game and fish protection fund.......................... 9,800
Health management funds................................ 41,700
Marine safety fund..................................... 900
MAIN user charges...................................... 3,773,700
Pension trust funds.................................... 6,563,300
Special revenue, internal service, and pension trust
funds................................................ 2,554,600
State building authority revenue....................... 9,700
State lottery fund..................................... 4,600
Waterways fund......................................... 2,000
State general fund/general purpose..................... $ 14,259,500
(7) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies......... $ 59,943,400
State building authority rent - department of
corrections.......................................... 66,830,200
State building authority rent - universities........... 115,477,300
State building authority rent - community colleges..... 15,546,200
GROSS APPROPRIATION.................................... $ 257,797,100
Appropriated from:
Special revenue funds:
Commercial mobile radio suppliers fund................. 18,300,000
Roosevelt parking facility reimbursement............... 275,000
State lottery fund..................................... 1,520,000
State general fund/general purpose..................... $ 237,702,100
Sec. 109. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,853.8
GROSS APPROPRIATION.................................... $ 198,544,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ 178,544,400
Federal revenues:
Total federal revenues................................. 3,052,100
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 100
Total other state restricted revenues.................. 156,608,600
State general fund/general purpose..................... $ 18,883,600
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 30.2
Secretary of state..................................... $ 124,900
Unclassified positions--5.0 FTE positions.............. 459,200
Operations--30.2 FTE positions......................... 2,710,200
GROSS APPROPRIATION.................................... $ 3,294,300
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 60,500
Driver fees............................................ 116,900
Expedient service fees................................. 51,800
Parking ticket court fines............................. 8,300
Personal identification card fees...................... 12,200
Reinstatement fees - operator licenses................. 131,400
Transportation administration collection fund.......... 2,179,700
Vehicle theft prevention fees.......................... 35,600
State general fund/general purpose..................... $ 697,900
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 172.3
Operations--163.8 FTE positions........................ $ 23,733,500
Assigned claims assessments--6.5 FTE positions......... 743,200
Motorcycle safety education administration--2.0 FTE
positions............................................ 382,100
Motorcycle safety grants............................... 1,400,000
GROSS APPROPRIATION.................................... $ 26,258,800
Appropriated from:
Federal revenues:
Federal funds.......................................... 55,700
Special revenue funds:
Abandoned vehicle fees................................. 666,200
Assigned claims assessments............................ 743,200
Auto repair facilities fees............................ 415,000
Child support clearance fees........................... 34,300
Driver fees............................................ 394,300
Expedient service fees................................. 248,100
Marine safety fund..................................... 74,500
Motorcycle safety fund................................. 1,782,100
Off-road vehicle title fees............................ 7,700
Parking ticket court fines............................. 52,700
Personal identification card fees...................... 83,000
Reinstatement fees - operator licenses................. 536,600
Scrap tire fund........................................ 68,500
Snowmobile registration fee revenue.................... 17,700
Transportation administration collection fund.......... 20,356,400
Vehicle theft prevention fees.......................... 243,400
State general fund/general purpose..................... $ 479,400
(4) REGULATORY SERVICES
Full-time equated classified positions.......... 245.1
Operations--245.1 FTE positions........................ $ 22,567,100
County clerk education and training fund............... 100,000
GROSS APPROPRIATION.................................... $ 22,667,100
Appropriated from:
Federal revenues:
Federal funds.......................................... 102,500
Special revenue funds:
Auto repair facilities fees............................ 4,644,800
Commercial driver training school fees................. 70,500
Driver fees............................................ 1,693,200
Expedient service fees................................. 33,300
Notary education and training fund..................... 100,000
Notary fee fund........................................ 311,900
Parking ticket court fines............................. 20,700
Personal identification card fees...................... 47,700
Reinstatement fees - operator licenses................. 1,704,700
Transportation administration collection fund.......... 11,779,400
Vehicle theft prevention fees.......................... 1,580,900
State general fund/general purpose..................... $ 577,500
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,377.7
Branch operations--957.4 FTE positions................. $ 73,337,800
Central operations--404.1 FTE positions................ 36,170,800
Commemorative license plates--16.2 FTE positions....... 2,147,300
Specialty license plates............................... 1,922,000
Olympic center plate................................... 75,700
Organ donor program.................................... 104,100
GROSS APPROPRIATION.................................... $ 113,757,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 20,000,000
Federal revenues:
Federal funds.......................................... 2,893,900
Special revenue funds:
Private funds.......................................... 100
Auto repair facilities fees............................ 93,100
Child support clearance fees........................... 395,500
Driver fees............................................ 13,733,000
Expedient service fees................................. 2,853,800
Marine safety fund..................................... 1,144,000
Michigan state police auto theft fund.................. 115,600
Mobile home commission fees............................ 476,000
Off-road vehicle title fees............................ 122,700
Parking ticket court fines............................. 1,590,500
Personal identification card fees...................... 1,527,100
Reinstatement fees - operator licenses................. 1,152,500
Snowmobile registration fee revenue.................... 335,200
Transportation administration collection fund.......... 60,581,200
Vehicle theft prevention fees.......................... 209,500
State general fund/general purpose..................... $ 6,534,000
(6) ELECTION REGULATION
Full-time equated classified positions........... 28.5
Election administration and services--25.5 FTE
positions............................................ $ 2,821,600
Fees to local units.................................... 69,800
Qualified voter file--3.0 FTE positions................ 1,833,900
GROSS APPROPRIATION.................................... $ 4,725,300
Appropriated from:
State general fund/general purpose..................... $ 4,725,300
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent........................ $ 9,752,300
Worker's compensation.................................. 465,000
GROSS APPROPRIATION.................................... $ 10,217,300
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 142,000
Driver fees............................................ 436,800
Expedient service fees................................. 14,400
Parking ticket court fines............................. 470,800
Transportation administration collection fund.......... 6,364,500
State general fund/general purpose..................... $ 2,788,800
(8) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 23,623,900
GROSS APPROPRIATION.................................... $ 23,623,900
Appropriated from:
Special revenue funds:
Administrative order processing fee.................... 11,000
Auto repair facilities fees............................ 180,800
Child support clearance fees........................... 16,300
Driver fees............................................ 1,332,200
Expedient service fees................................. 453,900
Parking ticket court fines............................. 83,300
Personal identification card fees...................... 876,100
Reinstatement fees - operator licenses................. 469,200
Transportation administration collection fund.......... 16,948,200
Vehicle theft prevention fees.......................... 172,200
State general fund/general purpose..................... $ 3,080,700
(9) TRANSPORTATION ADMINISTRATION COLLECTION FUND
REVENUE ADJUSTMENT
Revenue adjustment..................................... $ (6,000,000)
GROSS APPROPRIATION.................................... $ (6,000,000)
Appropriated from:
Special revenue funds:
Transportation administration collection fund.......... (6,000,000)
Senate Bill No 1087 as amended May 24, 2006
State general fund/general purpose..................... $ 0
Sec. 110. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions........ 1,849.5
GROSS APPROPRIATION............................... $<<1,681,887,800>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,926,800
ADJUSTED GROSS APPROPRIATION...................... $<<1,667,961,000>>
Federal revenues:
Total federal revenues................................. 83,593,300
Special revenue funds:
Total local revenues................................... 1,066,200
Total private revenues................................. 700,000
Total other state restricted revenues.................. 1,414,902,800
State general fund/general purpose..................... $ <<167,698,700>>
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions............ 5.0
Unclassified positions--9.0 FTE positions.............. $ 812,600
Office of the director--5.0 FTE positions.............. 820,900
GROSS APPROPRIATION.................................... $ 1,633,500
Appropriated from:
Special revenue funds:
State lottery fund..................................... 158,400
State services fee fund................................ 198,300
State general fund/general purpose..................... $ 1,276,800
(3) DEPARTMENTWIDE APPROPRIATIONS
Travel................................................. $ 1,415,900
Rent and building occupancy charges - property
management services.................................. 5,715,300
Worker's compensation insurance premium................ 216,000
GROSS APPROPRIATION.................................... $ 7,347,200
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue...................... 3,580,600
State general fund/general purpose..................... $ 3,766,600
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions.......... 106.0
Supervision of the general property tax law--83.0
FTE positions........................................ $ 13,411,200
Property tax assessor training--4.0 FTE positions...... 412,300
Local finance--19.0 FTE positions...................... 2,338,300
GROSS APPROPRIATION.................................... $ 16,161,800
Appropriated from:
Special revenue funds:
Local - assessor training fees......................... 412,300
Local - audit charges.................................. 563,900
Local - equalization study charge-backs................ 40,000
Local - revenue from local government.................. 50,000
Land reutilization fund................................ 6,917,200
Municipal finance fees................................. 458,200
State education tax collections........................ 50,000
State general fund/general purpose..................... $ 7,670,200
(5) TAX PROGRAMS
Full-time equated classified positions.......... 766.0
Customer contact--186.0 FTE positions.................. $ 13,966,500
Tax compliance--338.0 FTE positions.................... 30,675,700
Tax policy--38.0 FTE positions......................... 4,496,200
Revenue enhancement program--50.0 FTE positions........ 5,088,400
Tax processing--150.0 FTE positions.................... 15,141,300
Home heating assistance................................ 2,101,300
Bottle bill implementation............................. 250,000
New hire reporting..................................... 1,545,000
Tobacco tax collection--4.0 FTE positions.............. 332,000
GROSS APPROPRIATION.................................... $ 73,596,400
Appropriated from:
Interdepartmental grant revenues:
IDG, data/collection services fees..................... 50,900
IDG from MDHS.......................................... 1,545,000
IDG from MDOT, Michigan transportation fund............ 8,354,900
IDG from MDOT, state aeronautics fund.................. 64,700
Federal revenues:
HHS-SSA, low-income energy assistance.................. 2,101,300
Special revenue funds:
Bottle deposit fund.................................... 250,000
Delinquent tax collection revenue...................... 51,145,300
Tobacco tax collection and enforcement................. 332,000
Tobacco tax revenue.................................... 375,600
Waterways fund......................................... 75,900
State general fund/general purpose..................... $ 9,300,800
(6) BANKING AND MANAGEMENT SERVICES
Full-time equated classified positions.......... 328.5
Human resources, program management,
purchasing--30.0 FTE positions....................... $ 3,039,000
Mail operations--20.0 FTE positions.................... 2,077,900
Economic and revenue forecasting--15.5 FTE positions... 1,401,400
Unclaimed property--21.0 FTE positions................. 3,438,100
Human resources optimization user charges.............. 82,900
Collections--170.0 FTE positions....................... 16,833,500
Finance and accounting--32.0 FTE positions............. 1,635,300
Receipts processing--40.0 FTE positions................ 2,841,500
GROSS APPROPRIATION.................................... $ 31,349,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDHS, title IV-D.............................. 599,500
IDG, levy/warrant cost assessment fees................. 1,848,800
IDG, state agency collection fees...................... 565,700
IDG, data/collection services fees..................... 204,400
Special revenue funds:
Delinquent tax collection revenue...................... 14,949,200
Escheats revenue....................................... 3,438,100
Garnishment fees....................................... 510,800
Justice system fund.................................... 605,500
Treasury fees.......................................... 181,100
State general fund/general purpose..................... $ 8,446,500
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 213.0
Investments--78.0 FTE positions........................ $ 14,426,700
Michigan merit award administration--5.0 FTE positions. 1,544,200
Michigan education savings program..................... 1,000,000
Common cash and debt management--11.5 FTE positions.... 1,201,500
Student financial assistance programs--118.5 FTE
positions............................................ 35,298,200
GROSS APPROPRIATION.................................... $ 53,470,600
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 167,700
Federal revenues:
DED-OPSE, federal lenders allowance.................... 10,289,000
DED-OPSE, higher education act of 1965, insured loans.. 22,983,100
Special revenue funds:
College work study..................................... 46,300
Michigan merit award trust fund........................ 2,954,100
Retirement funds....................................... 13,341,600
School bond fees....................................... 590,900
Treasury fees.......................................... 1,241,400
State general fund/general purpose..................... $ 1,856,500
(8) DEBT SERVICE
Water pollution control bond and interest redemption... $ 2,458,200
Quality of life bond................................... 59,300,000
Clean Michigan initiative.............................. 36,900,000
Great Lakes water quality bond......................... 1,500,000
GROSS APPROPRIATION.................................... $ 100,158,200
Appropriated from:
Special revenue funds:
Refined petroleum fund................................. 23,914,500
State general fund/general purpose..................... $ 76,243,700
(9) GRANTS
Grants to counties in lieu of taxes.................... $ 5,000
Convention facility development distribution........... 58,850,000
Senior citizen cooperative housing tax exemption
program.............................................. 18,800,000
Commercial mobile radio service payments............... 17,900,000
Health and safety fund grants.......................... 25,000,000
Huron Clinton metroparks grant......................... 100
Qualified agricultural loan payments................... 2,500,000
Renaissance zone reimbursement......................... 2,630,000
GROSS APPROPRIATION.................................... $ 125,685,100
Appropriated from:
Special revenue funds:
Commercial mobile radio service fees................... 17,900,000
Convention facility development fund................... 58,850,000
Health and safety fund................................. 25,000,000
State general fund/general purpose..................... $ 23,935,100
(10) STATE LOTTERY
Full-time equated classified positions.......... 173.0
Lottery operations--173.0 FTE positions................ $ 19,326,100
Human resources optimization user charges.............. 10,600
Promotion and advertising.............................. 18,622,000
Senate Bill No. 1087 as amended May 24, 2006
Lottery information technology services and projects... 4,497,300
GROSS APPROPRIATION.................................... $ 42,456,000
Appropriated from:
Special revenue funds:
State lottery fund..................................... 42,456,000
State general fund/general purpose..................... $ 0
(11) CASINO GAMING
Full-time equated classified positions.......... 106.0
Michigan gaming control board.......................... $ 50,000
Casino gaming control administration--106.0 FTE
positions............................................ 18,376,200
Human resources optimization user charges.............. 7,000
Casino gaming information technology services and
projects............................................. 1,286,000
GROSS APPROPRIATION.................................... $ 19,719,200
Appropriated from:
Casino gambling agreements............................. 383,500
State services fee fund................................ 19,335,700
State general fund/general purpose..................... $ 0
(12) REVENUE SHARING
Constitutional state general revenue sharing grants.... $ 708,080,100
Statutory state general revenue sharing grants......... 405,319,900
Special census revenue sharing payments................ <<892,400>>
Special grants......................................... 212,000
GROSS APPROPRIATION............................... $<<1,114,504,400>>
Appropriated from:
Sales tax.............................................. 1,113,400,000
Senate Bill No. 1087 as amended May 24, 2006
State general fund/general purpose..................... $ <<1,104,400>>
(13) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 16,726,000
GROSS APPROPRIATION.................................... $ 16,726,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 446,600
Federal revenues:
DED-OPSE, federal lenders allowance.................... 532,900
Special revenue funds:
Delinquent tax collection revenue...................... 10,183,000
Land reutilization fund................................ 20,000
Michigan merit award trust fund........................ 407,500
Retirement funds....................................... 647,100
State general fund/general purpose..................... $ 4,488,900
(14) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 152.0
Administration--22.0 FTE positions..................... $ 2,451,000
Job creation services--130.0 FTE positions............. 17,496,000
Human resources optimization user charges.............. 17,300
Michigan promotion program............................. 6,017,500
Community development block grants..................... 45,000,000
Economic development job training grants............... 8,098,000
GROSS APPROPRIATION.................................... $ 79,079,800
Appropriated from:
Interdepartmental grant revenues:
Senate Bill No. 1087 as amended May 24, 2006
IDG, MEDQ, air quality fees............................ 78,600
Federal revenues:
DOL-ETA, employment services........................... 300,000
HUD-CPD, community development block grant............. 47,387,000
Special revenue funds:
Private - special project advances..................... 700,000
Industry support fees.................................. 5,000
Business assessment revenue............................ 1,000,000
State general fund/general purpose..................... $ 29,609,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) 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 2006-2007 is
<<$2,314,868,700.00>> and state spending from state resources to be
paid to local units of government for fiscal year 2006-2007 is
<<$1,260,336,400.00>>. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF STATE
Fees to local units.................................... $ 69,800
Motorcycle safety education grants..................... 1,092,000
Subtotal............................................... $ 1,161,800
DEPARTMENT OF TREASURY
Senate Bill No. 1087 as amended May 24, 2006
Senior citizen cooperative housing tax exemption....... $ 18,800,000
Grants to counties in lieu of taxes.................... 5,000
Health and safety fund grants.......................... 25,000,000
Constitutional state general revenue sharing grants.... 708,080,100
Statutory state general revenue sharing grants......... 405,319,900
Convention facility development fund distribution...... 58,850,000
Commercial mobile radio service payments............... 15,221,500
Renaissance zone reimbursements........................ 2,630,000
Special grants......................................... 212,000
Special census revenue sharing payments................ <<892,400>>
Economic development job training grants............... 5,263,700
Airport parking distribution pursuant to section 909... 18,900,000
Subtotal.......................................... $<<1,259,174,600>>
TOTAL GENERAL GOVERNMENT.......................... $<<1,260,336,400>>
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2006-2007 is estimated at $27,992,388,000.00 in the
2006-2007 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2006-2007
is estimated at $16,029,076,400.00. The state-local proportion is
estimated at 57.30% of total state spending from state resources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2006-2007 are different
than the amounts estimated in subsection (2), the state budget
director shall report the payments to local units of government and
state spending from state sources that were made for fiscal year
2006-2007 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2006-2007.
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 act:
(a) "AFSCME" means American federation of state, county, and
municipal employees.
(b) "COBRA" means the consolidated omnibus budget
reconciliation act of 1985, Public Law 99-272, 100 Stat. 82.
(c) "CPI" means consumer price index.
(d) "DAG" means the United States department of agriculture.
(e) "DED-OPSE" means the United States department of
education, office of postsecondary education.
(f) "DOL-ETA" means the United States department of labor,
employment and training administration.
(g) "DOL-OSHA" means the United States department of labor,
occupational safety and health administration.
(h) "EEOC" means the United States equal employment
opportunity commission.
(i) "EPA" means the United States environmental protection
agency.
(j) "FTE" means full-time equated.
(k) "Fund" means Michigan strategic fund.
(l) "GF/GP" means general fund/general purpose.
(m) "HHS" means the United States department of health and
human services.
(n) "HHS-OS" means the HHS office of the secretary.
(o) "HHS-SSA" means the HHS social security administration.
(p) "HUD" means the United States department of housing and
urban development.
(q) "HUD-CPD" means HUD community planning and development.
(r) "IDG" means interdepartmental grant.
(s) "JCOS" means the joint capital outlay subcommittee.
(t) "MAIN" means the Michigan administrative information
network.
(u) "MCL" means the Michigan Compiled Laws.
(v) "MDCH" means the Michigan department of community health.
(w) "MDCS" means the Michigan department of civil service.
(x) "MDEQ" means the Michigan department of environmental
quality.
(y) "MDHS" means the Michigan department of human services.
(z) "MDLEG" means the Michigan department of labor and
economic growth.
(aa) "MDMB" means the Michigan department of management and
budget.
(bb) "MDOT" means the Michigan department of transportation.
(cc) "MDSP" means the Michigan department of state police.
(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) "MPES" means the Michigan professional employees society.
(ff) "PA" means public act.
(gg) "PACC" means the prosecuting attorneys coordinating
council.
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.
(2) The attorney general and secretary of state may grant
exceptions to the hiring freeze for their respective departments
pursuant to the same criteria that the state budget director is
able to grant exceptions under this subsection. The state budget
director shall 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 loss of revenue to the state, result in the
inability of the state to receive federal funds, or 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 quarter and the reasons to
justify the exception.
Sec. 208. Unless otherwise specified, departments and agencies
receiving appropriations in part 1 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 an 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
quality.
Sec. 210. The director of each department receiving
appropriations in part 1 shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and
perform contracts to provide services or supplies, or both. Each
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 211. Pursuant to section 352 of the management and budget
act, 1984 PA 431, MCL 18.1352, that provides for a transfer of
state general funds into the countercyclical budget and economic
stabilization fund, there is appropriated into the countercyclical
budget and economic stabilization fund the sum of $0.00. The
calculation required by section 352 of the management and budget
act, 1984 PA 431, MCL 18.1352, is determined as follows:
2005 2006
Michigan personal income (millions)....... $335,164 $348,571
less: transfer payments.............. 51,756 56,070
Subtotal............................. 283,409 292,501
Divided by: Detroit CPI for 12 months
ending June 30....................... 1.878 1.944
Equals: Real adjusted Michigan personal
income............................... $150,910 $150,438
Percentage change ........................ -0.3%
Percentage change in excess of 2% ........ 0.0%
Multiplied by: estimated GF/GP revenue in
FY 2005-2006 (millions).............. 8,281.7
Equals: countercyclical budget and
economic stabilization fund calculation
for the fiscal year ending September 30,
2007................................. $0.0
Sec. 212. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed.
Sec. 213. Funds appropriated in part 1 shall not be used by
this state, a department, an agency, or an authority of this state
to purchase an ownership interest in a casino enterprise or a
gambling operation as those terms are defined in the Michigan
gaming control and revenue act, the Initiated Law of 1996, MCL
432.201 to 432.226.
Sec. 214. From the funds appropriated in part 1 for
information technology, departments and agencies 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 departments and
agencies and the department of information technology.
Sec. 215. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 216. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2007 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 senate and house of representatives standing committees on
appropriations.
(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 senate and house of representatives standing
committees on appropriations, the senate and house 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. 217. General fund appropriations in this act shall not be
expended for items in cases where federal funding is available for
the same expenditures.
Sec. 220. Funds appropriated in this act shall not be used to
establish, operate, or administer a payroll deduction plan that
enables classified state employees to make contributions to either
a committee, as defined in section 3 of the Michigan campaign
finance act, 1976 PA 388, MCL 169.203, or a political organization,
as defined in section 527 of the internal revenue code.
Sec. 221. By October 15, 2006, the departments receiving
appropriations in part 1 shall provide to the senate and house
appropriations subcommittees on general government and the senate
and house fiscal agencies a list of general fund/general purpose
budget cuts sufficient to reduce department general fund/general
purpose spending by 7.93% in fiscal year 2006-2007 if the K-16
ballot initiative is adopted by the voters of the state.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 302. (1) The attorney general shall perform all legal
services, including representation before courts and administrative
agencies rendering legal opinions and providing legal advice to a
principal executive department or state agency. A principal
executive department or state agency shall not employ or enter into
a contract with any other person for services described in this
section.
(2) The attorney general shall defend judges of all state
courts if a claim is made or a civil action is commenced for
injuries to persons or property caused by the judge through the
performance of the judge's duties while acting within the scope of
his or her authority as a judge.
(3) The attorney general shall perform the duties specified in
1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to
14.102, and as otherwise provided by law.
Sec. 303. The attorney general may sell copies of the biennial
report in excess of the 350 copies that the attorney general may
distribute on a gratis basis. Gratis copies shall not be provided
to members of the legislature. Electronic copies of biennial
reports shall be made available on the department of attorney
general's website. The attorney general shall sell copies of the
report at not less than the actual cost of the report and shall
deposit the money received into the general fund.
Sec. 304. The department of attorney general is responsible
for the legal representation for state of Michigan state employee
worker's disability compensation cases. The risk management
revolving fund revenue appropriation in part 1 is to be satisfied
by billings from the department of attorney general for the actual
costs of legal representation, including salaries and support
costs.
Sec. 305. In addition to the funds appropriated in part 1, not
more than $400,000.00 shall be reimbursed per fiscal year for food
stamp fraud cases heard by the third circuit court of Wayne County
that were initiated by the department of attorney general pursuant
to the existing contract between the department of human services,
the prosecuting attorneys association of Michigan, and the
department of attorney general. The source of this funding is money
earned by the department of attorney general under the agreement
after the allowance for reimbursement to the department of attorney
general for costs associated with the prosecution of food stamp
fraud cases. It is recognized that the federal funds are earned by
the department of attorney general for its documented progress on
the prosecution of food stamp fraud cases according to the United
States department of agriculture regulations and that once earned
by this state, the funds become state funds.
Sec. 306. Any proceeds from a lawsuit initiated by or
settlement agreement entered into on behalf of this state against a
manufacturer of tobacco products by the attorney general are state
funds and are subject to appropriation as provided by law.
Sec. 307. In addition to the antitrust revenues in part 1,
antitrust, securities fraud, consumer protection or class action
enforcement revenues, or attorney fees recovered by the department,
not to exceed $1,000,000.00, are appropriated to the department for
antitrust, securities fraud, and consumer protection or class
action enforcement cases. Any unexpended funds from antitrust,
securities fraud, or consumer protection or class action
enforcement revenues at the end of the fiscal year, including
antitrust funds in part 1, shall be carried forward for expenditure
in the following fiscal year up to the maximum authorization of
$1,000,000.00.
Sec. 308. (1) In addition to the funds appropriated in part 1,
there is appropriated up to $500,000.00 from litigation expense
reimbursements awarded to the state.
(2) The funds may be expended for the payment of litigation
expenses, court judgments and settlements, or attorney fees
assessed against the office of the governor, the department of the
attorney general, the governor, or the attorney general when acting
in an official capacity as the named party in litigation against
the state. The funds may also be expended for the payment of state
costs incurred under section 16 of chapter X of the code of
criminal procedure, 1927 PA 175, MCL 770.16.
(3) Unexpended funds at the end of the fiscal year shall be
carried forward for expenditure in the following year, up to a
maximum authorization of $500,000.00.
Sec. 309. From the prisoner reimbursement funds appropriated
in part 1, the department may spend up to $445,800.00 on activities
related to the state correctional facilities reimbursement act,
1935 PA 253, MCL 800.401 to 800.406. In addition to the funds
appropriated in part 1, if the department collects in excess of
$1,131,000.00 in gross annual prisoner reimbursement receipts
provided to the general fund, the excess, up to a maximum of
$1,000,000.00, is appropriated to the department of attorney
general and may be spent on the representation of the department of
corrections and its officers, employees, and agents, including, but
not limited to, the defense of litigation against the state, its
departments, officers, employees, or agents in civil actions filed
by prisoners. Any unexpended funds at the end of the fiscal year
shall be carried forward for expenditure in the following fiscal
year up to the maximum authorization of $500,000.00.
Sec. 310. (1) For the purposes of providing title IV-D child
support enforcement funding, the department of human services, as
the state IV-D agency, shall maintain a cooperative agreement with
the attorney general for federal IV-D funding to support the child
support enforcement activities within the office of the attorney
general.
(2) The attorney general or his or her designee shall, to the
extent allowable under federal law, have access to any information
used by the state to locate parents who fail to pay court ordered
child support.
DEPARTMENT OF CIVIL RIGHTS
Sec. 402. (1) In addition to the appropriations contained in
part 1, the department of civil rights may receive and expend funds
from local or private sources for all of the following purposes:
(a) Developing and presenting training for employers on equal
employment opportunity law and procedures.
(b) The publication and sale of civil rights related
informational material.
(c) The provision of copy material made available under
freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation
processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs
consistent with the programmatic mission of the individual unit
sponsoring or coordinating the programs.
(2) The department of civil rights shall annually report to
the state budget director, the senate and house of representatives
standing committees on appropriations, and the senate and house
fiscal agencies the amount of funds received and expended for
purposes authorized under this section.
Sec. 403. The department of civil rights may contract with
local units of government to review equal employment opportunity
compliance of potential contractors and may charge for and expend
amounts received from local units of government for the purpose of
developing and providing these contractual services.
DEPARTMENT OF CIVIL SERVICE
Sec. 502. (1) All restricted funds shall be assessed a sum not
less than 1% of the total aggregate payroll paid from those funds
for financing the department of civil service on the basis of
actual 1% restricted sources total aggregate payroll of the
classified service for fiscal year 2006 in accordance with section
5 of article XI of the state constitution of 1963. This includes,
but is not limited to, restricted funds appropriated in part 1 of
any appropriations act. Unexpended 1% appropriated funds shall be
returned to each 1% fund source at the end of the fiscal year.
(2) The 1% appropriations in part 1 are estimates of actual 1%
charges based on payroll appropriations. With the approval of the
state budget director, the department is authorized to adjust
financing sources for civil service 1% charges based on actual
payroll expenditures, provided that such adjustments do not
increase the total appropriation for the department of civil
service.
(3) The 1% financing from restricted sources shall be credited
to the department of civil service by the end of the second fiscal
quarter.
Sec. 503. Except where specifically appropriated for this
purpose, 1% of the financing from restricted sources shall be
credited to the department of civil service. For restricted sources
of funding within the general fund that have the legislative
authority for carryover, if current spending authorization or
revenues are insufficient to accept the charge, the shortage shall
be taken from carryforward balances of that funding source.
Restricted revenue sources that do not have carryforward authority
shall be utilized to satisfy departmental operating deducts first
and civil service obligations second. General fund dollars are
appropriated for any shortfall, pursuant to approval by the state
budget director.
Sec. 504. The appropriation in part 1 to the department of
civil service, for state-sponsored group insurance, flexible
spending accounts, and COBRA, represents amounts, in part, included
within the various appropriations throughout state government for
the current fiscal year to fund the flexible spending account
program included within the department of civil service. Deposits
against state-sponsored group insurance, flexible spending
accounts, and COBRA for the flexible spending account program shall
be made from assessments levied during the current fiscal year in a
manner prescribed by the department of civil service. Unspent
employee contributions to the flexible spending accounts may be
used to offset administrative costs for the flexible spending
account program, with any remaining balance of unspent employee
contributions to be lapsed to the general fund.
INFORMATION TECHNOLOGY
Sec. 573. (1) The department of information technology may
sell and accept paid advertising for placement on any state website
under its jurisdiction. The department shall review and approve the
content of each advertisement. The department may refuse to accept
advertising from any person or organization or require modification
to advertisements based upon criteria determined by the department.
Revenue received under this subsection shall be used for operating
costs of the department and for future technology enhancements to
state of Michigan e-government initiatives. Funds received under
this subsection shall be limited to $250,000.00. Any funds in
excess of $250,000.00 shall be deposited in the state general fund.
(2) Funds accepted by the department of information technology
under subsection (1) are appropriated and allotted when received
and may be expended upon approval of the state budget director. The
state budget office shall notify the senate and house of
representatives standing committees on appropriations subcommittees
on general government and the senate and house fiscal agencies
within 10 days after the approval is given.
(3) By April 1, the department of information technology shall
report to the senate and house of representatives standing
committees on appropriations and the senate and house fiscal
agencies that a statement of the total revenue received from the
sale of paid advertising accepted under this section and a
statement of the total number of advertising transactions are
available on the department's website.
Sec. 574. The department of information technology may enter
into agreements to supply spatial information and technical
services to other principal executive departments, state agencies,
local units of government, and other organizations. The department
of information technology may receive and expend funds in addition
to those authorized in part 1 for providing information and
technical services, publications, maps, and other products. The
department of information technology may expend amounts received
for salaries, supplies, and equipment necessary to provide
informational products and technical services. Prior to December 1
of each year, the department shall provide a report to the senate
and house of representatives standing committees on appropriations
subcommittees on general government, detailing the sources of
funding and expenditures made under this section.
Sec. 575. The legislature shall have access to all historical
and current data contained within MAIN pertaining to state
departments. State departments shall have access to all historical
and current data contained within MAIN.
Sec. 576. When used in this act, "information technology
services" means services involving all aspects of managing and
processing information including, but not limited to, all of the
following:
(a) Application development and maintenance.
(b) Desktop computer support and management.
(c) Mainframe computer support and management.
(d) Server support and management.
(e) Local area network support and management.
(f) Information technology contract, project, and procurement
management.
(g) Information technology planning and budget management.
(h) Telecommunication services, security, infrastructure, and
support.
(i) Software and software licensing.
Sec. 577. (1) Funds appropriated in part 1 for the Michigan
public safety communications system shall be expended upon approval
of an expenditure plan by the state budget director.
(2) The department of information technology shall assess all
subscribers of the Michigan public safety communications system
reasonable access and maintenance fees.
(3) All money received by the department of information
technology under this section shall be expended for the support and
maintenance of the Michigan public safety communications system.
(4) The department of information technology shall provide a
report to the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director on April 15 and on October 15,
indicating the amount of revenue collected under this section and
expended for support and maintenance of the Michigan public safety
communications system for the immediately preceding 6-month period.
Any deposits made under this section and unencumbered funds are
restricted revenues and may be carried forward into succeeding
fiscal years.
Sec. 578. The department of information technology shall
submit a report for the immediately preceding fiscal year ending
September 30 to the senate and house of representatives standing
committees on appropriations subcommittees on general government
and the senate and house fiscal agencies by March 1. The report
shall include the following:
(a) The total amount of funding appropriated for information
technology services and projects, by funding source, for all
principal executive departments and agencies.
(b) A listing of the expenditures made from the amounts
received by the department of information technology, as reported
in subdivision (a).
Sec. 580. (1) From the funds appropriated in part 1 to general
services, for the department of state, there is appropriated
$4,550,000.00 for the business application modernization project.
Funds shall only be used for the development, implementation, and
maintenance of the business application modernization project.
(2) The unexpended funds appropriated in part 1 for the
business application modernization project are designated as work
project appropriations and shall not lapse at the end of the fiscal
year. Any unencumbered or unallotted funds shall be carried over
into the succeeding fiscal year and shall continue to be available
for expenditure until the project has been completed. The total
cost is estimated at $30,000,000.00, and the tentative completion
date is September 30, 2010.
LEGISLATURE
Sec. 600. The senate, the house of representatives, or an
agency within the legislative branch may receive, expend, and
transfer funds in addition to those authorized in part 1.
Sec. 601. (1) Funds appropriated in part 1 to an entity within
the legislative branch shall not be expended or transferred to
another account without written approval of the authorized agent of
the legislative entity. If the authorized agent of the legislative
entity notifies the state budget director of its approval of an
expenditure or transfer before the year-end book-closing date for
that legislative entity, the state budget director shall
immediately make the expenditure or transfer. The authorized
legislative entity agency shall be designated by the speaker of the
house of representatives for house entities, the senate majority
leader for senate entities, and the legislative council for
legislative council entities.
(2) Funds appropriated within the legislative branch, to a
legislative council component, shall not be expended by any agency
or other subgroup included in that component without the approval
of the legislative council.
Sec. 602. The senate may charge rent and assess charges for
utility costs. The amounts received for rent charges and utility
assessments are appropriated to the senate for the renovation,
operation, and maintenance of the Farnum building and other
properties.
Sec. 603. The appropriation contained in part 1 for national
association dues is to be distributed by the legislative council.
Sec. 604. (1) The appropriation in part 1 to the legislative
council includes funds to operate the legislative parking
facilities in the capitol area. The legislative council shall
establish rules regarding the operation of the legislative parking
facilities.
(2) The legislative council shall collect a fee from state
employees and the general public using certain legislative parking
facilities. The revenues received from the parking fees shall be
allocated by the legislative council.
Sec. 605. The appropriation in part 1 to the legislative
council for publication of the Michigan manual is a work project
account. The unexpended portion remaining on September 30 shall not
lapse and shall be carried forward into the subsequent fiscal year
for use in paying the associated biennial costs of publication of
the Michigan manual.
Sec. 606. The appropriations in part 1 to the legislative
branch, for property management, shall be used to purchase
equipment and services for building maintenance in order to ensure
a safe and productive work environment. These funds, along with
funds previously appropriated for property management, are
designated as work project appropriations and shall not lapse at
the end of the fiscal year, and shall continue to be available for
expenditure until the project has been completed. The total cost is
estimated at $500,000.00, and the tentative completion date is
September 30, 2007.
Sec. 607. The appropriations in part 1 to the legislative
branch, for automated data processing, shall be used to purchase
equipment, software, and services in order to support and implement
data processing requirements and technology improvements. These
funds, along with funds previously appropriated for automated data
processing, are designated as work project appropriations and shall
not lapse at the end of the fiscal year, and shall continue to be
available for expenditure until the project has been completed. The
total cost is estimated at $500,000.00, and the tentative
completion date is September 30, 2007.
Sec. 608. In addition to funds appropriated in part 1, the
Michigan capitol committee publications save the flags fund account
may accept contributions, gifts, bequests, devises, grants, and
donations. Those funds that are not expended in the fiscal year
ending September 30 shall not lapse at the close of the fiscal
year, and shall be carried forward for expenditure in the following
fiscal years.
Sec. 610. The funds appropriated in part 1 shall not be used
to pay for health insurance benefits for unmarried domestic
partners of legislators or legislative employees.
OFFICE OF THE AUDITOR GENERAL
Sec. 620. Pursuant to section 53 of article IV of the state
constitution of 1963, the auditor general shall conduct audits of
the judicial branch. The audits may include the supreme court and
its administrative units, the court of appeals, and trial courts.
Sec. 621. (1) The auditor general shall take all reasonable
steps to ensure that certified minority- and women-owned and
operated accounting firms, and accounting firms owned and operated
by persons with disabilities participate in the audits of the
books, accounts, and financial affairs of each principal executive
department, branch, institution, agency, and office of this state.
(2) The auditor general shall strongly encourage firms with
which the auditor general contracts to perform audits of the
principal executive departments and state agencies to subcontract
with certified minority- and women-owned and operated accounting
firms, and accounting firms owned and operated by persons with
disabilities.
(3) The auditor general shall compile an annual report
regarding the number of contracts entered into with certified
minority- and women-owned and operated accounting firms, and
accounting firms owned and operated by persons with disabilities.
The auditor general shall deliver the report to the state budget
director and the senate and house of representatives standing
committees on appropriations subcommittees on general government by
November 1 of each year.
Sec. 622. From the funds appropriated in part 1 to the office
of the auditor general, the auditor general's salary and the
salaries of the remaining 2.0 FTE unclassified positions shall be
set by the speaker of the house of representatives, the senate
majority leader, the house of representatives minority leader, and
the senate minority leader.
Sec. 623. Any audits, reviews, or investigations requested of
the auditor general by the legislature or by legislative
leadership, legislative committees, or individual legislators shall
include an estimate of the additional costs involved and, when
those costs exceed $50,000.00, should provide supplemental funding.
The auditor general shall determine whether to perform those
activities in keeping with Audit Directive No. 29, which describes
the office of the auditor general's policy on responding to
legislative requests.
DEPARTMENT OF MANAGEMENT AND BUDGET
Sec. 702. Proceeds in excess of necessary costs incurred in
the conduct of transfers or auctions of state surplus, salvage, or
scrap property made pursuant to section 267 of the management and
budget act, 1984 PA 431, MCL 18.1267, are appropriated to the
department of management and budget to offset costs incurred in the
acquisition and distribution of federal surplus property.
Sec. 704. (1) The department of management and budget may
receive and expend funds in addition to those authorized by part 1
for maintenance and operation services provided specifically to
other principal executive departments or state agencies, the
legislative branch, the judicial branch, or private tenants, or
provided in connection with facilities transferred to the
operational jurisdiction of the department of management and
budget.
(2) The department of management and budget may receive and
expend funds in addition to those authorized by part 1 for real
estate, architectural, design, and engineering services provided
specifically to other principal executive departments or state
agencies, the legislative branch, or the judicial branch.
(3) The department of management and budget may receive and
expend funds in addition to those authorized in part 1 for mail
pickup and delivery services provided specifically to other
principal executive departments and state agencies, the legislative
branch, or the judicial branch.
(4) The department of management and budget may receive and
expend funds in addition to those authorized in part 1 for
purchasing services provided specifically to other principal
executive departments and state agencies, the legislative branch,
or the judicial branch.
Sec. 705. (1) The source of financing in part 1 for statewide
appropriations shall be funded by assessments against longevity and
insurance appropriations throughout state government in a manner
prescribed by the department of management and budget. Funds shall
be used as specified in joint labor/management agreements or
through the coordinated compensation hearings process. Any deposits
made under this subsection and any unencumbered funds are
restricted revenues, may be carried over into the succeeding fiscal
years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for
statewide appropriations, the department of management and budget
may receive and expend funds in such additional amounts as may be
specified in joint labor/management agreements or through the
coordinated compensation hearings process in the same manner and
subject to the same conditions as prescribed in subsection (1).
Sec. 706. To the extent a specific appropriation is required
for a detail source of financing included in part 1 for the
department of management and budget appropriations financed from
special revenue and internal service and pension trust funds, or
MAIN user charges, the specific amounts are appropriated within the
special revenue internal service and pension trust funds in
portions not to exceed the aggregate amount appropriated in part 1.
Sec. 707. In addition to the funds appropriated in part 1 to
the department of management and budget, the department may receive
and expend funds from other principal executive departments and
state agencies to implement donated annual leave and administrative
leave bank transfer provisions as may be specified in joint
labor/management agreements. The amounts may also be transferred to
other principal executive departments and state agencies under the
joint agreement and any amounts transferred under the joint
agreement are authorized for receipt and expenditure by the
receiving principal executive department or state agency. Any
amounts received by the department of management and budget under
this section and intended, under the joint labor/management
agreements, to be available for use beyond the close of the fiscal
year and any unencumbered funds may be carried over into the
succeeding fiscal year.
Sec. 708. The source of financing in part 1 for the Michigan
administrative information network shall be funded by proportionate
charges assessed against the respective state funds benefiting from
this project in the amounts determined by the department.
Sec. 709. (1) Deposits against the interdepartmental grant
from building occupancy and parking charges appropriated in part 1
shall be collected, in part, from state agencies, the legislative
branch, and the judicial branch based on estimated costs associated
with maintenance and operation of buildings managed by the
department of management and budget. To the extent excess revenues
are collected due to estimates of building occupancy charges
exceeding actual costs, the excess revenues may be carried forward
into succeeding fiscal years for the purpose of returning funds to
state agencies.
(2) Appropriations in part 1 to the department of management
and budget, for management and budget services from building
occupancy charges and parking charges, may be increased to return
excess revenue collected to state agencies.
Sec. 710. The department of management and budget shall notify
the chairpersons of the senate and house of representatives
standing committees on appropriations and the chairpersons of the
senate and house of representatives standing committees on
appropriations subcommittees on general government on any revisions
that increase or decrease current contracts by more than
$500,000.00 for computer software development, hardware
acquisition, or quality assurance at least 14 days before the
department of management and budget finalizes the revisions.
Sec. 711. The department of management and budget shall
maintain an Internet website that contains notice of all
invitations for bids and requests for proposals over $50,000.00
issued by the department or by any state agency operating under
delegated authority. The department shall not accept an invitation
for bid or request for proposal in less than 14 days after the
notice is made available on the Internet website, except in
situations where it would be in the best interest of the state and
documented by the department. In addition to the requirements of
this section, the department may advertise the invitations for bids
and requests for proposals in any manner the department determines
appropriate, in order to give the greatest number of individuals
and businesses the opportunity to make bids or requests for
proposals.
Sec. 712. The department of management and budget may receive
and expend funds from the Vietnam veterans memorial monument fund
as provided in the Michigan Vietnam veterans memorial act, 1988 PA
234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated
when received and may be expended upon receipt.
Sec. 713. The Michigan veterans' memorial park commission may
receive and expend money from any source, public or private,
including, but not limited to, gifts, grants, donations of money,
and government appropriations, for the purposes described in
Executive Order No. 2001-10. Funds are appropriated and allocated
when received and may be expended upon receipt. Any deposits made
under this section and unencumbered funds are restricted revenues
and may be carried over into succeeding fiscal years.
Sec. 715. (1) Funds in part 1 for motor vehicle fleet are
appropriated to the department of management and budget for
administration and for the acquisition, lease, operation,
maintenance, repair, replacement, and disposal of state motor
vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall
be funded by revenue from rates charged to principal executive
departments and agencies for utilizing vehicle travel services
provided by the department. Revenue in excess of the amount
appropriated in part 1 from the motor transport fund and any
unencumbered funds are restricted revenues and may be carried over
into the succeeding fiscal year.
(3) It is the intent of the legislature that the department of
management and budget have the authority to determine the
appropriateness of vehicle assignment, to include year, make,
model, size, and price of vehicle. The department may assign motor
vehicles, permanently or temporarily, to state agencies and to
institutions of higher education.
(4) Pursuant to the department of management and budget's
authority under sections 213 and 215 of the management and budget
act, 1984 PA 431, MCL 18.1213 and 18.1215, the department shall
maintain a plan regarding the operation of the motor vehicle fleet.
The plan shall include the number of vehicles assigned to, or
authorized for use by, state departments and agencies, efforts to
reduce vehicle expenditures, the number of cars in the motor
vehicle fleet, the number of miles driven by fleet vehicles, and
the number of gallons of fuel consumed by fleet vehicles. The plan
shall include a calculation of the amount of state motor vehicle
fuel taxes that would have been incurred by fleet vehicles if fleet
vehicles were required by law to pay motor fuel taxes. The plan
shall include a description of fleet garage operations, the goods
sold and services provided by the fleet garage, the cost to operate
the fleet garage, the number of fleet garage locations, and the
number of employees assigned to each fleet garage. The plan may be
adjusted during the fiscal year based on needs and cost savings to
achieve the maximum value and efficiency from the state motor
fleet. Within 60 days after the close of the fiscal year, the
department shall provide a report to the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies detailing the current plan and
changes made to the plan during the fiscal year.
(5) The department of management and budget may charge state
agencies for fuel cost increases that exceed $2.27 per gallon of
unleaded gasoline. Revenues received from these charges are
appropriated upon receipt.
Sec. 716. The department of management and budget shall adopt
policies and procedures necessary for compliance by the department,
other state departments and agencies, and state vendors and
subcontractors, with the requirement under subsection (1) of
section 261 of the management and budget act, 1984 PA 431, MCL
181.261, to provide a purchasing preference for products
manufactured or services offered by Michigan-based firms.
Sec. 717. In determining whether the purchase, contracting
for, providing of supplies, materials, services, insurance,
utilities, third-party financing, equipment, printing, and other
items needed by state departments or agencies is in the best
interests of this state, and in making all discretionary decisions
concerning the solicitation, award, amendment, cancellation, or
appeal of state contracts, the department of management and budget
shall consider all of the following:
(a) Whether a proposal by a vendor to provide services to this
state using employees, contractors, subcontractors, or other
individuals who are not citizens of the United States, legal
resident aliens, or individuals with a valid visa would be
detrimental to the state of Michigan, its residents, or the state's
economy.
(b) Whether a proposal by a vendor to provide services to this
state from a location outside of this state or the United States
would be detrimental to the state of Michigan, its residents, or
the state's economy.
(c) Whether a proposal by a vendor to provide goods to this
state produced outside of this state or the United States would be
detrimental to the state of Michigan, its residents, or the state's
economy.
(d) Whether the acquisition of goods or services from a vendor
that is an expatriated business entity located in a tax haven
country or an affiliate of an expatriated business entity located
in a tax haven country would be detrimental to the state of
Michigan, its residents, or the state's economy. As used in this
section, "expatriated business entity" means a corporation or an
affiliate of the corporation incorporated in a tax haven country
after September 11, 2001, but with the United States as the
principal market for the public trading of the corporation's stock,
as determined by the director of the department of management and
budget. "Tax haven country" means each of the following: Barbados,
Bermuda, British Virgin Islands, Cayman Islands, Commonwealth of
the Bahamas, Cyprus, Gibraltar, Isle of Man, the Principality of
Liechtenstein, the Principality of Monaco, and the Republic of the
Seychelles.
(e) Whether the provision of services to this state at a
location outside of this state or the United States would be
detrimental to the privacy interests of Michigan residents, or risk
the disclosure of personal information of Michigan residents, such
as social security, financial, or medical data.
(f) Whether a proposal by a vendor to provide services to this
state from a location outside of this state or the United States
would constitute undue risk under a risk management policy,
practice, or procedure adopted by the department of management and
budget under section 204 of the management and budget act, 1984 PA
431, MCL 18.1204.
(g) Whether a proposal by a vendor to provide goods to this
state produced outside of this state or the United States would
constitute undue risk under a risk management policy, practice, or
procedure adopted by the department of management and budget under
section 204 of the management and budget act, 1984 PA 431, MCL
18.1204.
Sec. 718. The department of management and budget shall
collect from vendors information necessary to comply with the
requirements of this act, as determined by the department. The
department of management and budget may require vendors to provide
any of the following:
(a) Information relating to the location of work performed
under a state contract by the vendor and any subcontractors,
employees, or other persons performing a state contract.
(b) Information regarding the corporate structure and location
of corporate employees and activities of the vendor, its
affiliates, or any subcontractors.
(c) Notice of the relocation of the vendor, employees of the
vendor, subcontractors of the vendor, or other persons performing
services under a state contract outside of the state of Michigan.
Sec. 719. The department of management and budget may require
that any vendor or subcontractor providing call or contact center
services to the state of Michigan disclose to inbound callers the
location from which the call or contact center services are being
provided.
Sec. 721. In addition to the funds appropriated in part 1, the
department of management and budget may receive and expend money
from the Michigan law enforcement officers memorial monument fund
as provided in the Michigan law enforcement officers memorial act,
2004 PA 177, MCL 28.781 to 28.787.
Sec. 722. In addition to the funds appropriated in part 1, the
department of management and budget may receive and expend money
from the Ronald Wilson Reagan memorial monument fund as provided in
the Ronald Wilson Reagan memorial monument fund commission act,
2004 PA 489, MCL 399.261 to 399.266.
Sec. 723. The department shall make available to the public a
list of all parcels of real property owned by the state that are
available for purchase. The list shall be posted on the Internet
through the department's website.
Sec. 724. The appropriation in part 1 for the gubernatorial
transition fund shall be expended for costs associated with a
gubernatorial transition process. If the incumbent is reelected,
the appropriation shall lapse to the state general fund.
STATE BUILDING AUTHORITY
Sec. 725. (1) Subject to section 242 of the management and
budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the
state building authority, the department may expend from the
general fund of the state during the fiscal year ending September
30, 2007 an amount to meet the cash flow requirements of those
state building authority projects solely for lease to a state
agency identified in both part 1 and this section, and for which
state building authority bonds or notes have not been issued, and
for the sole acquisition by the state building authority of
equipment and furnishings for lease to a state agency as permitted
by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of
bonds or notes is authorized by a legislative concurrent resolution
that is effective for the fiscal year ending September 30, 2007.
Any general fund advances for which state building authority bonds
have not been issued shall bear an interest cost to the state
building authority at a rate not to exceed that earned by the state
treasurer's common cash fund during the period in which the
advances are outstanding and are repaid to the general fund of the
state.
(2) Upon sale of bonds or notes for the projects identified in
part 1 or for equipment as authorized by legislative concurrent
resolution and in this section, the state building authority shall
credit the general fund of the state an amount equal to that
expended from the general fund plus interest, if any, as defined in
this section.
(3) For state building authority projects for which bonds or
notes have been issued and upon the request of the state building
authority, the state treasurer shall make advances without interest
from the general fund as necessary to meet cash flow requirements
for the projects, which advances shall be reimbursed by the state
building authority when the investments earmarked for the financing
of the projects mature.
(4) In the event that a project identified in part 1 is
terminated after final design is complete, advances made on behalf
of the state building authority for the costs of final design shall
be repaid to the general fund in a manner recommended by the
director and approved by the JCOS.
Sec. 726. (1) State building authority funding to finance
construction or renovation of a facility that collects revenue in
excess of money required for the operation of that facility shall
not be released to a university or community college unless the
institution agrees to reimburse that excess revenue to the state
building authority. The excess revenue shall be credited to the
general fund to offset rent obligations associated with the
retirement of bonds issued for that facility. The auditor general
shall annually identify and present an audit of those facilities
that are subject to this section. Costs associated with the
administration of the audit shall be charged against money
recovered pursuant to this section.
(2) As used in this section, "revenue" includes state
appropriations, facility opening money, other state aid, indirect
cost reimbursement, and other revenue generated by the activities
of the facility.
Sec. 727. (1) The state building authority rent appropriations
in part 1 may also be expended for the payment of required premiums
for insurance on facilities owned by the state building authority
or payment of costs that may be incurred as the result of any
deductible provisions in such insurance policies.
(2) If the amount appropriated in part 1 for state building
authority rent is not sufficient to pay the rent obligations and
insurance premiums and deductibles identified in subsection (1) for
state building authority projects, there is appropriated from the
general fund of the state the amount necessary to pay such
obligations.
Sec. 728. The department of management and budget shall
provide the JCOS and the senate and house fiscal agencies a report
relative to the status of construction projects associated with
state building authority bonds as of September 30 of each year, on
or before October 15, or not more than 30 days after a refinancing
or restructuring bond issue is sold. The report shall include, but
is not limited to, the following:
(a) A list of all completed construction projects for which
state building authority bonds have been sold, and which bonds are
currently active.
(b) A list of all projects under construction for which sale
of state building authority bonds is pending.
(c) A list of all projects authorized for construction or
identified in an appropriations act for which approval of
schematic/preliminary plans or total authorized cost is pending
that have state building authority bonds identified as a source of
financing.
DEPARTMENT OF STATE
Sec. 802. All funds made available by section 3171 of the
insurance code of 1956, 1956 PA 218, MCL 500.3171, are appropriated
and made available to the department of state to be expended only
for the uses and purposes for which the funds are received as
provided by sections 3171 to 3177 of the insurance code of 1956,
1956 PA 218, MCL 500.3171 to 500.3177.
Sec. 803. From the funds appropriated in part 1, the
department of state shall sell copies of records including, but not
limited to, records of motor vehicles, off-road vehicles,
snowmobiles, watercraft, mobile homes, personal identification
cardholders, drivers, and boat operators and shall charge $7.00 per
record sold only as authorized in section 208b of the Michigan
vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222,
MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue
received from the sale of records shall be credited to the
transportation administration collection fund created under section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.
Sec. 804. From the funds appropriated in part 1, the secretary
of state may enter into agreements with the department of
corrections for the manufacture of vehicle registration plates 15
months before the registration year in which the registration
plates will be used.
Sec. 805. (1) The department of state may accept gifts,
donations, contributions, and grants of money and other property
from any private or public source to underwrite, in whole or in
part, the cost of a departmental publication that is prepared and
disseminated under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923. A private or public funding source may receive
written recognition in the publication and may furnish a traffic
safety message, subject to departmental approval, for inclusion in
the publication. The department may reject a gift, donation,
contribution, or grant. The department may furnish copies of a
publication underwritten, in whole or in part, by a private source
to the underwriter at no charge.
(2) The department of state may sell and accept paid
advertising for placement in a departmental publication that is
prepared and disseminated under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923. The department may charge and receive a
fee for any advertisement appearing in a departmental publication
and shall review and approve the content of each advertisement. The
department may refuse to accept advertising from any person or
organization. The department may furnish a reasonable number of
copies of a publication to an advertiser at no charge.
(3) Pending expenditure, the funds received under this section
shall be deposited in the Michigan department of state publications
fund created by section 211 of the Michigan vehicle code, 1949 PA
300, MCL 257.211. Funds given, donated, or contributed to the
department from a private source are appropriated and allocated for
the purpose for which the revenue is furnished. Funds granted to
the department from a public source are allocated and may be
expended upon receipt. The department shall not accept a gift,
donation, contribution, or grant if receipt is conditioned upon a
commitment of state funding at a future date. Revenue received from
the sale of advertising is appropriated and may be expended upon
receipt.
(4) Any unexpended revenues received under this section shall
be carried over into subsequent fiscal years and shall be available
for appropriation for the purposes described in this section.
(5) On March 1 of each year, the department of state shall
file a report with the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall include all of the
following information:
(a) The amount of gifts, contributions, donations, and grants
of money received by the department under this section for the
prior fiscal year.
(b) A listing of the expenditures made from the amounts
received by the department as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, or grant of
property other than funding received by the department under this
section for the prior year.
(d) The total revenue received from the sale of paid
advertising accepted under this section and a statement of the
total number of advertising transactions.
(6) In addition to copies delivered without charge as the
secretary of state considers necessary, the department of state may
sell copies of manuals and other publications regarding the sale,
ownership, or operation or regulation of motor vehicles, with
amendments, at prices to be established by the secretary of state.
As used in this subsection, the term "manuals and other
publications" includes videos and proprietary electronic
publications. All funds received from sales of these manuals and
other publications shall be credited to the Michigan department of
state publications fund.
Sec. 806. Funds collected by the department of state under
section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211,
are appropriated for all expenses necessary to provide for the
costs of the publication. Funds 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.
Sec. 807. From the funds appropriated in part 1, the
department of state shall use available balances at the end of the
state fiscal year to provide payment to the department of state
police in the amount of $321,900.00 for the services provided by
the traffic accident records program as first appropriated in 1990
PA 196 and 1990 PA 208.
Sec. 808. From the funds appropriated in part 1, the
department of state may restrict funds from miscellaneous revenue
to cover cash shortages created from normal branch office
operations. This amount shall not exceed $50,000.00 of the total
funds available in miscellaneous revenue.
Sec. 809. (1) Commemorative and specialty license plate fee
revenue collected by the department of state and deposited into the
transportation administration collection fund is authorized for
expenditure up to the amount of revenue collected but not to exceed
the amount appropriated to the department of state in part 1 to
administer commemorative and specialty license plate programs.
(2) Commemorative and specialty license plate fee revenue
collected by the department of state and deposited in the
transportation administration collection fund, in addition to the
amount appropriated in part 1 to the department of state, shall
remain in the transportation administration collection fund and be
available for future appropriation.
Sec. 810. (1) Collector plate and fund-raising registration
plate revenues collected by the department of state are
appropriated and allotted for distribution to the recipient
university or public or private agency overseeing a state-sponsored
goal when received. Distributions shall occur on a quarterly basis
or as otherwise authorized by law. Any revenues remaining at the
end of the fiscal year shall not lapse to the general fund but
shall remain available for distribution to the university or agency
in the next fiscal year.
(2) Funds or revenues in the Olympic education training center
fund are appropriated for distribution to the Olympic education
training center at Northern Michigan University. Distributions
shall occur on a quarterly basis. Any undistributed revenue
remaining at the end of the fiscal year shall be carried over into
the next fiscal year.
Sec. 811. The department of state may produce and sell copies
of a training video designed to inform registered automotive repair
facilities of their obligations under Michigan law. The price shall
not exceed the cost of production and distribution. The money
received from the sale of training videos shall revert to the
department of state and be placed in the auto repair facility
account.
Sec. 812. (1) The department of state, in collaboration with
the gift of life transplantation society or its successor federally
designated organ procurement organization, may develop and
administer a public information campaign concerning the Michigan
organ donor program.
(2) The department may solicit funds from any private or
public source to underwrite, in whole or in part, the public
information campaign authorized by this section. The department may
accept gifts, donations, contributions, and grants of money and
other property from private and public sources for this purpose. A
private or public funding source underwriting the public
information campaign, in whole or in substantial part, shall
receive sponsorship credit for its financial backing.
(3) Funds received under this section, including grants from
state and federal agencies, shall not lapse to the general fund at
the end of the fiscal year but shall remain available for
expenditure for the purposes described in this section.
(4) Funding appropriated in part 1 for the organ donor program
shall be used for producing a pamphlet to be distributed with
driver licenses and personal identification cards regarding organ
donations. The funds shall be used to update and print a pamphlet
that will explain the organ donor program and encourage people to
become donors by marking a checkoff on driver license and personal
identification card applications.
(5) The pamphlet shall include a return reply form addressed
to the gift of life organization. Funding appropriated in part 1
for the organ donor program shall be used to pay for return postage
costs.
(6) In addition to the appropriations in part 1, the
department of state may receive and expend funds from the organ and
tissue donation education fund for administrative expenses.
Sec. 815. (1) At least 60 days prior to the announcement of
secretary of state branch office closings, consolidations, or
relocations, the department of state shall inform members of the
senate and house of representatives standing committees on
appropriations and legislators who represent affected areas
regarding the details of the proposal. The information provided
shall be in written form and include all analysis done regarding
criteria for changes in the location of branch offices, including,
but not limited to, branch transactions, revenue, and the impact on
citizens of the affected area. The impact on citizens shall include
information regarding additional distance to branch office
locations resulting from the plan. The written notice provided by
the department of state shall also include detailed estimates of
costs and savings that will result from the overall changes made to
the branch office structure.
(2) Prior to October 4, 2006, the department of state shall
provide a report to the senate and house of representatives
standing committees on appropriations subcommittees on general
government regarding the department's branch optimization plan that
was announced on April 26, 2004. The report shall include a listing
of all closed offices detailing savings by office, including lease,
utilities, and all other savings associated with the closed office.
The department shall provide the same level of detail regarding
costs for new leased facilities and expansions of current leased
space.
Sec. 815a. By December 15, the department of state shall
report to the senate and house of representatives standing
committees on appropriations subcommittees on general government
and the senate and house fiscal agencies the number of branch
office transactions completed online by Michigan residents in the
immediately preceding fiscal year.
Sec. 816. (1) Any service assessment collected by the
department of state from the user of a credit or debit card under
section 3 of 1995 PA 144, MCL 11.23, is appropriated to the
department for necessary expenses related to that service and may
be remitted to a credit or debit card company, bank, or other
financial institution. Funds are allocated for expenditure when
they are received by the department of treasury.
(2) The service assessment imposed by the department of state
for credit and debit card services may be based either on a
percentage of each individual credit or debit card transaction, or
on a flat rate per transaction, or both scaled to the amount of the
transaction. However, the department shall not charge any amount
for a service assessment which exceeds the costs billable to the
department for service assessments.
(3) If there is a balance of service assessments received from
credit and debit card services remaining on September 30, the
balance may be carried forward to the following fiscal year and
appropriated for the same purpose.
(4) As used in this section, "service assessment" means and
includes costs associated with service fees imposed by credit and
debit card companies and processing fees imposed by banks and other
financial institutions.
Sec. 818. (1) Funds in part 1 for motorcycle safety education
grants and administration are appropriated to the department of
state for operation of the motorcycle safety education program
previously operated by the department of education under section
811a of the Michigan vehicle code, 1949 PA 300, MCL 257.811a.
(2) Funds in part 1 for motorcycle safety education grants and
administration shall be derived from original and renewal
motorcycle license endorsements, annual motorcycle registration
fees, and motorcycle operator driving test fees.
(3) Funds in part 1 for motorcycle safety education grants and
administration shall be used to provide grants to colleges,
universities, intermediate school districts, local school
districts, law enforcement agencies, or other governmental agencies
located in the state, to help subsidize safety training courses for
individuals interested in operating motorcycles.
(4) Funds in part 1 for motorcycle safety education grants and
administration may be used by the department of state for
administration costs of the motorcycle safety education program, to
include, but not be limited to, review and approval or disapproval
of grant applications, monitoring eligibility of motorcycle safety
instructors, conducting program evaluation, certifying third-party
testers, and inspecting training sites.
Sec. 819. (1) From the funds appropriated in part 1 to the
department of state for information technology services and
projects, there is appropriated $4,550,000.00 for the business
application modernization project. Funds shall only be used for the
development, implementation, and maintenance of the business
application modernization project.
(2) The unexpended funds appropriated in part 1 for the
business application modernization project are designated as work
project appropriations and shall not lapse at the end of the fiscal
year. Any unencumbered or unallotted funds shall be carried over
into the succeeding fiscal year and shall continue to be available
for expenditure until the project has been completed. The total
cost is estimated at $30,000,000.00, and the tentative completion
date is September 30, 2010.
Sec. 820. (1) The negative appropriation in section 109(9) is
based on continuing shortfalls in transportation administration
collection fund revenue. The reductions shall be satisfied through
Senate Bill No. 1087 as amended May 24, 2006 (1 of 2)
eliminating vacancies and other program adjustments made by the
department of state in previous fiscal years to bring expenditures
within available revenue. The department of state shall submit a
transfer request to the state budget director prior to October 5,
2006 to implement the $6,000,000.00 appropriation reduction to the
transportation administration collection fund. Appropriation
authorization adjustments required due to section 109(9) shall be
made only after approval of transfers by the legislature under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(2) Prior to October 5, 2006, the department of state shall
update its revenue projection for the transportation administration
collection fund. If projections are below appropriations, the
department shall provide a report to the senate and house of
representatives standing appropriation committees subcommittees on
general government and the senate and house fiscal agencies,
detailing the revenue shortfall and proposed reductions to bring
expenditures within appropriations. The report shall be submitted
prior to October 12, 2006.
<<Sec. 821. From the funds appropriated in part 1, the department of state shall complete a cost/benefit analysis regarding the feasibility of locating the Keweenaw County secretary of state branch office with the Keweenaw County department of human services office. The analysis shall include, but not be limited to, lease costs, building occupancy costs, property management costs, utilities, parking, distance between branch offices and issues related to the overall convenience for the citizens of Michigan. No later than December 1, 2006, the analysis shall be delivered to the members of the senate and house standing committees on appropriations subcommittees on general government and the house and senate fiscal agencies.>>
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 902. (1) Amounts needed to pay for interest, fees,
principal, arbitrage rebates as required by federal law, and costs
Senate Bill No. 1087 as amended May 24, 2006
associated with the payment, registration, trustee services, credit
enhancements, and issuing costs in excess of the amount
appropriated to the department of treasury in part 1 for debt
service on notes and bonds that are issued by the state under
sections 14, 15, and 16 of article IX of the state constitution of
1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are
appropriated.
(2) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated an
amount for fiscal year cash-flow borrowing costs to pay for
interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to
12.53.
Sec. 903. (1) From the funds appropriated in part 1, the
department of treasury may contract with private collection
agencies and law firms to collect taxes and other accounts due this
state. In addition to the amounts appropriated in part 1 to the
department of treasury, there are appropriated amounts necessary to
fund collection costs and fees not to exceed 25% of the collections
or 2.5% plus operating costs, whichever amount is prescribed by the
contract. The appropriation to fund collection costs and fees for
the collection of taxes or other accounts due this state are from
the fund or account to which the revenues being collected are
recorded or dedicated. However, if the taxes collected are
constitutionally dedicated for a specific purpose, the
appropriation of collection costs and fees are from the general
purpose account of the general fund.
(2) From the funds appropriated in part 1, the department of
treasury may contract with private collections agencies and law
firms to collect defaulted student loans and other accounts due the
Michigan guaranty agency. In addition to the amounts appropriated
in part 1 to the department of treasury, there are appropriated
amounts necessary to fund collection costs and fees not to exceed
22% of the collection or a lesser amount as prescribed by the
contract. The appropriation to fund collection costs and fees for
the auditing and collection of defaulted student loans due the
Michigan guaranty agency is from the fund or account to which the
revenues being collected are recorded or dedicated.
(3) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the agencies or law firms employed, the amount of
collections for each, the costs of collection, and other pertinent
information relating to determining whether this authority should
be continued.
Sec. 904. (1) The department of treasury, through its bureau
of investments, may charge an investment service fee against the
applicable retirement funds. The fees may be expended for necessary
salaries, wages, contractual services, supplies, materials,
equipment, travel, worker's compensation insurance premiums, and
grants to the civil service commission and state employees'
retirement funds. Service fees shall not exceed the aggregate
amount appropriated in part 1. The department of treasury shall
maintain accounting records in sufficient detail to enable the
retirement funds to be reimbursed periodically for fee revenue that
is determined by the department of treasury to be surplus.
(2) In addition to the funds appropriated in part 1 from the
retirement funds to the department of treasury, there is
appropriated from retirement funds an amount sufficient to pay for
the services of money managers, investment advisors, investment
consultants, custodians, and other outside professionals, the state
treasurer considers necessary to prudently manage the retirement
funds' investment portfolios. The state treasurer shall report
annually to the senate and house of representatives standing
committees on appropriations and the state budget office concerning
the performance of each portfolio by investment advisor.
Sec. 904a. (1) There is appropriated an amount sufficient to
recognize and pay expenditures for financial services provided by
financial institutions as provided under section 1 of 1861 PA 111,
MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by
restricting revenues from common cash interest earnings and
investment earnings in an amount sufficient to record these
expenditures.
Sec. 905. (1) The department of treasury shall sell copies of
the state tax manual, uniform accounting procedures manual, general
property tax law manual, and other local government assistance
manuals with amendments, at a price not to exceed the cost of
production. The revenue received from the sale of preparation and
local government assistance manuals shall revert to the department
of treasury and be placed in the local government assistance manual
revolving fund.
(2) In addition to the funds appropriated in part 1, revenue
received from the sale of those manuals is appropriated.
Sec. 906. (1) The department of treasury shall charge for
audits as permitted by state or federal law or under contractual
arrangements with local units of government, other principal
executive departments, or state agencies. A report detailing audits
performed and audit charges for the immediately preceding fiscal
year shall be submitted to the state budget director and the senate
and house fiscal agencies not later than November 30.
(2) The appropriation in part 1 to the department of treasury,
for state compliance audits, shall be used to cover the cost of the
state audits performed by independent certified public accountants
or department of treasury auditors. The scope of the state audit
shall be defined by the state treasurer. The state audits shall be
performed by independent certified public accountants contracted
with by the state treasurer or by department of treasury auditors,
if the county has agreed to contract with and pay the department
for their financial single audit.
(3) The state audits shall be performed for the most current
county fiscal year in conjunction with the financial single audit.
The state audit may be performed either by certified public
accountants contracted by the state treasurer or department of
treasury staff, independent of the financial single audit, if a
state audit has not been performed within the last 3 years.
Sec. 907. A revolving fund known as the assessor certification
and training fund is created in the department of treasury. The
assessor certification and training fund shall be used to organize
and operate a property assessor certification and training program.
Each participant certified and trained shall pay to the department
of treasury an examination fee of $50.00, an initial certification
fee of $50.00, an annual renewal fee of $75.00 for levels 1 and 2,
and $125.00 for levels 3 and 4 to offset the cost of administering
the certification and training program. Training courses shall be
offered in assessment administration. Each participant shall pay a
fee to cover the expenses incurred in offering the optional
programs to certified assessing personnel and other individuals
interested in an assessment career opportunity. The fees collected
shall be credited to the assessor certification and training fund.
Sec. 908. The amount appropriated in part 1 to the department
of treasury, home heating assistance program, is to cover the
costs, including data processing, of administering federal home
heating credits to eligible claimants and to administer the
supplemental fuel cost payment program for eligible tax credit and
welfare recipients.
Sec. 909. Revenue from the airport parking tax act, 1987 PA
248, MCL 207.371 to 207.383, is appropriated and shall be
distributed under section 7a of the airport parking tax act, 1987
PA 248, MCL 207.377a.
Sec. 910. The disbursement by the department of treasury from
the bottle deposit fund to dealers as required by section 3c(2) of
the Initiated Law of 1976, MCL 445.573c, is appropriated.
Sec. 911. (1) There is appropriated an amount sufficient to
recognize and pay refundable income tax credits as provided by the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) The appropriations under subsection (1) shall be funded by
restricting income tax revenue in an amount sufficient to record
these expenditures.
Sec. 912. A plaintiff in a garnishment action involving this
state shall pay to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of
periodic payments is served upon the state treasurer, as provided
in section 4012 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment
is served upon the state treasurer, except that the fee shall be
reduced to $5.00 for each writ of garnishment for individual income
tax refunds or credits filed by magnetic media.
Sec. 913. (1) The department of treasury may contract with
private firms to appraise and, if necessary, appeal the assessments
of senior citizen cooperative housing units. Payment for this
service shall be from savings resulting from the appraisal or
appeal process.
(2) Of the funds appropriated in part 1 to the department of
treasury for the senior citizens' cooperative housing tax exemption
program, a portion is to be utilized for a program audit of the
program. The department of treasury shall forward copies of the
audit report to the senate and house of representatives standing
committees on appropriations subcommittees on general government
and to the state budget office. The department of treasury may
utilize up to 1% of the funds for program administration and
auditing.
Sec. 914. The department of treasury may provide a $200.00
annual prize from the Ehlers internship award account in the gifts,
bequests, and deposit fund to the runner-up of the Rosenthal prize
for interns. The Ehlers internship award account is interest
bearing.
Sec. 915. Pursuant to section 61 of the Michigan campaign
finance act, 1976 PA 388, MCL 169.261, there is appropriated from
the general fund to the state campaign fund an amount equal to the
amounts designated for tax year 2006. Except as otherwise provided
in this section, the amount appropriated shall not revert to the
general fund and shall remain in the state campaign fund. Any
amounts remaining in the state campaign fund in excess of
$10,000,000.00 on December 31, 2006 shall revert to the general
fund.
Sec. 916. The department of treasury may make available to
interested entities otherwise unavailable customized unclaimed
property listings of nonconfidential information in its possession.
The charge for this information is as follows: 1 to 100,000 records
at 2.5 cents per record and 100,001 or more records at .5 cents per
record. The revenue received from this service shall be deposited
to the appropriate revenue account or fund. The department shall
submit an annual report on or before June 1 to the state budget
director and the senate and house of representatives standing
committees on appropriations that states the amount of revenue
received from the sale of information.
Sec. 917. (1) There is appropriated for write-offs and
advances an amount equal to total write-offs and advances for
departmental programs, but not to exceed current year
authorizations that would otherwise lapse to the general fund.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than November 30,
stating the amounts appropriated for write-offs and advances under
subsection (1).
Sec. 918. In addition to funds appropriated in part 1, the
department of treasury may receive and expend funds for conducting
tax orientation workshops and seminars. Funds received may not
exceed costs incurred in conducting the workshops and seminars.
Sec. 919. (1) From funds appropriated in part 1, the
department of treasury may contract with private auditing firms to
audit for and collect unclaimed property due this state in
accordance with the Michigan uniform unclaimed property act. In
addition to the amounts appropriated in part 1 to the department of
treasury, there are appropriated amounts necessary to fund auditing
and collection costs and fees not to exceed 12% of the collections,
or a lesser amount as prescribed by the contract. The appropriation
to fund collection costs and fees for the auditing and collection
of unclaimed property due this state is from the fund or account to
which the revenues being collected are recorded or dedicated.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the auditing firms employed, the amount of collections for
each, the costs of collection, and other pertinent information
relating to determining whether this authority should be continued.
Sec. 920. Payments from the appropriation in part 1 to the
department of treasury for grants to counties in lieu of taxes for
lands transferred to the federal government include a payment for
Sleeping Bear Dunes national lakeshore under 1974 PA 359, MCL 3.901
to 3.910.
Sec. 921. The state general fund/general purpose appropriation
in part 1 for renaissance zone reimbursement is allocated to
reimburse public libraries as provided by section 12 of the
Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for
property taxes levied in 2006. Reimbursements shall be made in
amounts to each eligible recipient not later than 60 days after the
department of treasury has received all necessary information to
properly determine the amounts due each eligible recipient under
section 12(4) of the Michigan renaissance zone act, 1996 PA 376,
MCL 125.2692. Any excess allocations shall lapse to the general
fund.
Sec. 922. The department of treasury shall submit a report for
the immediately preceding fiscal year ending September 30 to the
senate and house of representatives standing committees on
appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget director by November 30
stating the amount of Michigan transportation fund revenue
collected and the cost of collection.
Sec. 924. (1) In addition to the funds appropriated in part 1,
the department of treasury may receive and expend principal
residence audit fund revenue for administration of principal
residence audits under the general property tax act, 1893 PA 206,
MCL 211.1 to 211.157.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than December 31,
stating the amount of revenue appropriated for principal residence
audits under subsection (1).
Sec. 928. The department of treasury may provide receipt,
warrant and cash processing, data, collection, investment, fiscal
agent, levy and warrant cost assessment, writ of garnishment, and
other user services on a contractual basis for other principal
executive departments and state agencies. Funds for the services
provided are appropriated and shall be expended for salaries and
wages, fees, supplies, and equipment necessary to provide the
services. Any unobligated balance of the funds received shall
revert to the general fund of this state as of September 30.
Sec. 929. The department of treasury may enter into agreements
to supply data or collection services to other executive principal
departments or state agencies, the United States department of
treasury, or local units of government within this state. The
department of treasury shall charge for this tax data service and
amounts received are appropriated and shall be expended for
salaries and wages, fees, supplies, and equipment necessary to
provide the service. Any unobligated balance of the fund shall
revert to the general fund of this state as of September 30.
Sec. 930. (1) The department of treasury shall provide
accounts receivable collections services to other principal
executive departments and state agencies under 1927 PA 375, MCL
14.131 to 14.134. The department of treasury shall deduct a fee
equal to the cost of collections from all receipts except
unrestricted general fund collections. Fees shall be credited to a
restricted revenue account and appropriated to the department of
treasury to pay for the cost of collections. The department of
treasury shall maintain accounting records in sufficient detail to
enable the respective accounts to be reimbursed periodically for
fees deducted that are determined by the department of treasury to
be surplus to the actual cost of collections.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than November 30,
stating the principal executive departments and state agencies
served, funds collected, and costs of collection under subsection
(1).
Sec. 931. (1) The appropriation in part 1 to the department of
treasury for treasury fees shall be assessed against all restricted
funds that receive common cash earnings. Treasury fees include all
costs, including administrative overhead, relating to the
investment of each restricted fund. The fee assessed against each
restricted fund will be based on the size of the restricted fund
(the absolute value of the average daily cash balance plus the
market value of investments in the prior fiscal year) and the level
of effort necessary to maintain the restricted fund as required by
each department. The department of treasury shall provide a report
to the state budget director, the senate and house of
representatives standing committees on appropriations subcommittees
on general government, and the senate and house fiscal agencies by
November 30 of each year identifying the fees assessed against each
restricted fund.
(2) In addition to the funds appropriated in part 1, the
department of treasury may receive and expend investment fees
relating to new restricted funding sources that participate in
common cash earnings during the current fiscal year. When a new
restricted fund is created starting on or after October 1, that
restricted fund shall be assessed a fee using the same criteria
identified in subsection (1).
Sec. 932. Revenue received under the Michigan education trust
act, 1986 PA 316, MCL 390.1421 to 390.1442, may be expended by the
board of directors of the Michigan education trust for necessary
salaries, wages, supplies, contractual services, equipment,
worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement fund.
Sec. 933. (1) The $1,000,000.00 appropriated in part 1 for the
Michigan education savings program is from the Michigan merit award
trust fund to fund an incentive program for the Michigan education
savings program created under the Michigan education savings
program act, 2000 PA 161, MCL 390.1471 to 390.1486.
(2) The funds appropriated for the Michigan education savings
program shall be used to provide a state match to dollars invested
on behalf of each child named as a designated beneficiary in the
Michigan education savings program who is 6 years of age or less,
who is a Michigan resident, and whose family's income is $80,000.00
or less.
(3) During the current fiscal year, the state shall provide
$1.00 of matching funds for each $3.00 of individual contributions
to the educational savings accounts. The maximum state match for
each designated beneficiary shall be $200.00.
(4) The state match shall be available only in the first year
the child is enrolled in the Michigan education savings program.
Sec. 934. The department of treasury may expend revenues
received under the hospital finance authority act, 1969 PA 38, MCL
331.31 to 331.84, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance
premiums, and grants to the civil service commission and state
employees' retirement fund. The department of treasury shall
maintain accounting records in sufficient detail to enable the
hospital clients to be reimbursed periodically for fees that are
determined by the department of treasury to be surplus to needs.
Sec. 935. The department of treasury may expend revenue
received under the shared credit rating act, 1985 PA 227, MCL
141.1051 to 141.1076, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance
premiums, and grants to the civil service commission and state
employees' retirement fund.
Sec. 936. The department of treasury shall establish a
separate account for the funds related to the Michigan higher
education facilities authority. The department of treasury may
expend revenue received under the higher education facilities
authority act, 1969 PA 295, MCL 390.921 to 390.934, for necessary
salaries, wages, supplies, contractual services, equipment,
worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement fund. The
department of treasury shall maintain accounting records in
sufficient detail to enable the educational institution clients to
be reimbursed periodically for fees that are determined by the
department to be surplus to needs.
Sec. 937. The department of treasury may expend revenues
received under the Michigan public educational facilities
authority, Executive Order No. 2002-3, for necessary salaries,
wages, supplies, contractual services, equipment, worker's
compensation insurance premiums, and grants to the civil service
commission and state employees' retirement fund.
Sec. 939. It is the intent of the legislature that the state
treasurer, acting within his or her capacity as the investment
fiduciary for public employee pension funds and consistent with
1965 PA 314, MCL 38.1132 to 38.1140m, give appropriate
consideration to investments in early stage, university derived
life science companies located in Michigan, or investments in
venture capital funds that invest in those companies to the extent
those investments offer the safety and rate of return comparable to
other investments permitted and available at the time the
investment decision is made.
Sec. 941. In addition to the funds appropriated in part 1,
there is appropriated up to $570,000.00 from standardized audit
schedules recovered delinquent tax collection revenues for the
support of standardized audit schedule project expenses. The
funding shall be used to exclusively support business tax audits
related to sales tax, use tax, withholding, single business tax,
and motor fuel tax obligations. Any unexpended funds at the end of
the fiscal year shall lapse to the general fund.
Sec. 943. The department of treasury shall not include
complete social security numbers in form 1099-G mailings to
taxpayers.
Sec. 945. The assessment and certification division of the
department of treasury may conduct a review of local unit
assessment administration practices, procedures, and records, also
known as the 14-point review, in at least 1 assessment jurisdiction
per county.
Sec. 946. Members of the state tax commission and management
level staff of the assessment and certification division may meet
with statewide assessment organizations on a quarterly basis for
the purpose of coordinating assessment and training activities.
Recertification and training activities may be conducted at
regional locations chosen to maximize participation of local
officials.
Sec. 947. (1) Of the $5,088,400.00 included in part 1 for the
revenue enhancement program, $4,588,400.00 shall be used for
revenue collection enhancement activities including auditing
functions.
(2) The department of treasury shall submit quarterly progress
reports to the senate and house of representatives standing
appropriation committees subcommittees on general government and
the senate and house fiscal agencies, regarding personal property
tax audits funded under subsection (1). The report shall include
the number of audits, revenue generated, and number of complaints
received by the department related to the audits.
(3) The $500,000.00 balance of the $5,088,400.00 shall be used
for the principal residence exemption compliance program. Along
with other program costs, expenditures shall include the
development of a statewide web-based database created for the
purpose of enforcing the principal residence exemption compliance
program. The department shall submit quarterly progress reports
that include the number of exemptions denied and the revenue
received under this program. The legislative auditor general shall
complete a performance audit of the principal residence exemption
compliance program prior to April 1, 2007. Revenue generated to the
state from the principal residence exemption compliance program
shall be used to reimburse the state general fund for the
$500,000.00 appropriation prior to any other allocation. Additional
funds from the revenue enhancement program and carryforward
appropriations may be used to support costs in excess of
$500,000.00.
(4) Unexpended appropriations of the revenue enhancement
program are designated as work project appropriations and shall not
lapse at the end of the fiscal year and shall continue to be
available for expenditure until the project has been completed. The
following is in compliance with section 451a of the management and
budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to enhance revenue
collection activities.
(b) The project will be accomplished by contract.
(c) The total estimated cost of the project is $24,600,000.00.
(d) The tentative completion date is September 30, 2009.
Sec. 948. By December 15, the department of treasury shall
report to the senate and house of representatives standing
committees on appropriations subcommittees on general government
and the senate and house fiscal agencies the number of tax returns,
to include state income tax returns and single business tax
returns, filed online by Michigan residents in the immediately
preceding fiscal year.
Sec. 949. The department of treasury shall develop a plan for
individual income tax form check-off initiatives. The plan shall be
implemented beginning with the 2006 tax year. The plan shall
include a process for determining the legal and operational
feasibility of each proposed income tax form checkoff. The
department shall submit the plan to the senate and house of
representatives standing committees on appropriations subcommittees
on general government and the senate and house fiscal agencies by
October 31, 2006.
Sec. 949a. From the funds appropriated in part 1 for the
Huron-Clinton metroparks authority, inventory reimbursement
payments, the authority shall reimburse any counties that made a
payment to that authority in lieu of that authority receiving an
inventory reimbursement payment from the state during the state's
2006-2007 fiscal year.
REVENUE SHARING
Sec. 950. (1) Revenue collected in accordance with section 10
of article IX of the state constitution of 1963 in excess of the
amount appropriated in part 1 for constitutional revenue sharing is
appropriated for distribution to townships, cities, and villages on
a population basis as specified by law. The appropriation in part 1
for statutory state general revenue sharing grants to townships,
cities, and villages shall be reduced by an amount equal to any
additional constitutional revenue sharing appropriations authorized
in this section.
(2) The appropriation in part 1 for statutory state general
revenue sharing grants shall be distributed according to the Glenn
Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901
to 141.921. Undistributed funds shall lapse to the general fund.
Sec. 952. The appropriation in part 1 for special grants to
cities shall be used to restore revenue sharing reductions
contained in Executive Order No. 2003-23 to a city that had an
emergency financial manager appointed pursuant to the local
government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to
141.1291, continuously from December 10, 2003 through September 30,
2007.
Sec. 955. (1) There is appropriated to each county an amount
equal to the amount distributed to each county for the fiscal year
ending September 30, 2004, pursuant to the Glenn Steil state
revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921,
adjusted by the inflation rate as defined in section 34d of the
general property tax act, 1893 PA 206, MCL 211.34d, and reduced by
the amount each county is authorized to annually expend in that
county's fiscal year beginning after September 30, 2004, from its
revenue sharing reserve fund pursuant to section 44a of the general
property tax act, 1893 PA 206, MCL 211.44a.
(2) The department of treasury shall annually certify to the
state budget director the amount each county is authorized to
expend from its revenue sharing reserve fund.
Sec. 956. The department of treasury shall transmit special
census revenue sharing payments to eligible cities, villages, and
townships under the Glenn Steil revenue sharing act of 1971, 1971
PA 140, MCL 141.901 to 141.921.
LOTTERY
Sec. 960. In addition to the funds appropriated in part 1 to
the bureau of state lottery, there is appropriated from lottery
revenues the amount necessary for, and directly related to,
implementing and operating lottery games. Appropriations under this
section shall only be expended for contractually mandated payments
for vendor commissions, contractually mandated payments for instant
tickets intended for resale, the contractual costs of providing and
maintaining the on-line system communications network, and
incentive and bonus payments to lottery retailers.
Sec. 961. The funds appropriated in part 1 to the bureau of
state lottery shall not be used for any promotional efforts
directed towards individuals who are less than 18 years of age.
Sec. 962. (1) The funds appropriated in part 1 to the bureau
of state lottery shall not be used to directly or indirectly
associate professional or amateur sports figures with the lottery
or its products.
(2) The prohibition in subsection (1) does not apply to the
use of NASCAR drivers in conjunction with the promotion of instant
ticket products. By November 1, 2006, the bureau of state lottery
shall provide a report detailing the amount of revenue generated
under this subsection to the senate and house of representatives
standing committees on appropriations subcommittees on general
government. The report shall include the cost of obtaining the use
of NASCAR drivers, other administrative costs, and net revenue
deposited in the state school aid fund.
Sec. 963. The bureau of state lottery shall inform all lottery
retailers that the cash side of department of human services bridge
cards cannot be used to purchase lottery tickets.
CASINO GAMING
Sec. 971. From the revenue collected by the Michigan gaming
control board regarding the total annual assessment of each casino
licensee, $2,000,000.00 is appropriated and shall be deposited in
the compulsive gaming prevention fund as described in section
12a(5) of the Michigan gaming control and revenue act, the
Initiated Law of 1996, MCL 432.212a.
Sec. 972. In addition to the funds appropriated in part 1,
funds distributed by the Michigan gaming control board to the
department of treasury for oversight of casino gaming are
appropriated upon receipt. These funds may be used to pay for costs
incurred for casino gaming oversight activities.
Sec. 973. (1) Funds appropriated in part 1 for local
government programs may be used to provide assistance to a local
revenue sharing board referenced in an agreement authorized by the
Indian gaming regulatory act, Public Law 100-497, 102 Stat. 2467.
(2) A local revenue sharing board described in subsection (1)
shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, and the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(3) A county treasurer is authorized to receive and administer
funds received for and on behalf of a local revenue sharing board.
Funds appropriated in part 1 for local government programs may be
used to audit local revenue sharing board funds held by a county
treasurer. This section does not limit the ability of local units
of government to enter into agreements with federally recognized
Indian tribes to provide financial assistance to local units of
government or to jointly provide public services.
(4) The director of the department of state police and the
executive director of the Michigan gaming control board are
authorized to assist the local revenue sharing boards in
determining allocations to be made to local public safety
organizations.
(5) The department of treasury shall submit a report by
September 30 to the senate and house of representatives standing
committees on appropriations and the state budget director on the
receipts and distribution of revenues by local revenue sharing
boards.
Sec. 974. If revenues collected in the state services fee fund
are less than the amounts appropriated from the fund, available
revenues shall be used to fully fund the appropriation in part 1 of
this act for casino gaming regulation activities before
distributions are made to other state departments and agencies. If
the remaining revenue in the fund is insufficient to fully fund
appropriations to other state departments or agencies, the
shortfall shall be distributed proportionally among those
departments and agencies.
MICHIGAN STRATEGIC FUND
Sec. 1001. (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 that maintain or attract permanent jobs for Michigan
residents and the manufacturing competitiveness program for grants
to fund collaborative efforts that increase the competitiveness of
multiple companies within a grant. The business response program is
allocated up to $5,398,600.00, and the manufacturing
competitiveness program is allocated up to $2,699,400.00 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) Each business receiving the benefit of the training shall
be charged a nonrefundable 15% assessment on the total amount of
the grant award. The assessment shall be paid to the Michigan
strategic fund and used for training grants.
(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. 1002. 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 section.
(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. 1003. 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. 1004. 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. 1005. 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. 1006. (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. 1007. 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. 1008. (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.
(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. 1009. 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. 1010. (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. 1011. (1) 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.
(2) If the MEDC is unable for any reason to perform duties
under this act, the fund may exercise those duties.
Sec. 1012. 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. 1014. (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, MCL 125.2781 to 125.2797, 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.
(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.
(10) 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 part.
(11) 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. 1015. 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. 1016. The Michigan economic development corporation shall
work with the office of the auditor general to implement procedures
to annually audit the number of jobs claimed to be created by firms
receiving Michigan economic growth authority grants, and all other
claims of job creation for which MEDC has provided tax credits or
other economic incentives.
Sec. 1017. The Michigan economic development corporation shall
report on the number of individuals it employs with an annual
salary of $80,000.00 or more to the subcommittees, the fiscal
agencies, and the state budget office by October 31. The report
shall include the name, the job title, and a description of the
duties and responsibilities of all such employees.
Sec. 1018. From the funds appropriated in part 1 for the
Michigan promotion program, the Michigan economic development
corporation shall contract with a state research university in
Michigan to conduct a scientific study of the return on investment
of state tourism advertising expenditures. The results of this
study shall be reported to the subcommittees, the fiscal agencies,
and the state budget office by January 31, 2007.
Sec. 1019. (1) As a condition of receiving the funds
appropriated in part 1, the Michigan strategic fund shall ensure
that the Michigan economic development corporation and the Michigan
strategic fund promulgate or create no guidelines, rules,
standards, protocols, or other similar mandates that would prevent
a firm, which otherwise qualifies for Michigan economic growth
authority tax credits, from receiving such credits because the new
employees who fill qualified new jobs as defined in the Michigan
economic growth authority act of 1995, 1995 PA 24, MCL 207.801 to
207.810, are leased from a professional employer organization.
(2) For purposes of this section, a professional employer
organization is defined as an organization that provides the
management and administration of the human resources and employer
risk of another entity by contractually assuming substantial
employer rights, responsibilities, and risk through a professional
employer agreement that establishes an employer relationship with
the leased officers or employees assigned to the other entity by
doing all of the following:
(a) Maintaining the right of direction and control of the
employees' work, although this responsibility may be shared with
the other entity.
(b) Paying wages and employment taxes of the employees out of
its own accounts.
(c) Reporting, collecting, and depositing state and federal
employment taxes for the employees.
(d) Retaining the right to hire and fire employees.
Sec. 1020. Of the funds appropriated in part 1 for the
Michigan promotion program, $200,000.00 shall be allocated for the
following purposes:
(a) $100,000.00 for the Michigan international speedway, which
shall be matched with an equal contribution from the Michigan
international speedway.
(b) $100,000.00 to promote the Detroit zoological institute.
Sec. 1021. The fund shall work cooperatively with the Michigan
department of labor and economic growth and the Michigan works!
agencies regarding the distribution of $3,000,000.00 of workforce
investment act funding. These funds shall be distributed to assist
incumbent worker training in conjunction with the economic
development job training grants program.
Sec. 1022. The Michigan economic development corporation shall
reimburse the department of history, arts, and libraries in full
for the cost of all services or activities provided by the
department of history, arts, and libraries at the request of the
Michigan economic development corporation.
REVENUE STATEMENT
Sec. 1101. Pursuant to section 18 of article V of the state
constitution of 1963, fund balances and estimates are presented in
the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2006-2007
Beginning
Fund Unreserved
Fund Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 136.7 9,020.4 0.0
General fund/special purpose 478.7 15,297.5 662.7
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 2.0 0.1 2.1
Game and fish protection 0112 18.9 63.2 4.0
Michigan employment security act
administration 0113 0.0 123.4 4.1
State aeronautics 0114 1.4 182.3 0.0
Michigan veterans' benefit
trust 0115 0.0 4.9 0.0
State trunkline 0116 0.0 1,200.1 0.0
Michigan state waterways 0117 14.9 25.5 7.6
Blue Water Bridge 0118 0.0 16.3 0.0
Michigan transportation 0119 0.0 2,080.2 0.0
Comprehensive transportation 0120 4.0 158.8 0.0
School aid 0122 93.8 13,022.9 0.0
Marine safety 0123 1.0 5.0 0.0
Game and fish protection trust 0124 6.0 12.0 6.0
State park improvement 0125 3.6 41.5 0.0
Forest development 0126 11.7 30.3 4.1
Michigan civilian conservation
corps endowment 0128 0.3 6.0 0.0
Michigan natural resources
trust 0129 34.1 54.7 30.8
Michigan state parks endowment 0130 10.9 16.2 7.8
Safety education and training 0131 4.9 7.1 2.6
Bottle deposit 0136 0.0 18.5 0.0
State construction code 0138 5.7 10.2 0.0
Children's trust 0139 1.3 3.3 2.3
State casino gaming 0140 16.2 32.0 1.2
Homeowner construction lien
recovery 0141 4.4 1.6 2.8
Michigan nongame fish and
wildlife 0143 0.3 0.5 0.0
Michigan merit award trust 0154 9.5 286.6 0.0
TOTALS $860.3 $41,721.1 $738.1