SB-0234, As Passed House, September 6, 2007
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 234
A bill to make appropriations for the department of labor and
economic growth and certain other state purposes for the fiscal
year ending September 30, 2008; to provide for the expenditure of
those appropriations; to provide for the imposition of certain
fees; to provide for the disposition of fees and other income
received by the state agencies; to provide for reports to certain
persons; and to prescribe powers and duties of certain state
departments and certain state and local agencies and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. The amounts listed in this part are appropriated for
the department of labor and economic growth for the fiscal year
ending September 30, 2008, from the funds identified in this part.
The following is a summary of the appropriations in this part:
DEPARTMENT OF LABOR AND ECONOMIC GROWTH
APPROPRIATION SUMMARY:
Full-time equated unclassified positions............... $ 0
Full-time equated classified positions................. 0
GROSS APPROPRIATION.................................... 0
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
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
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Full-time equated unclassified positions............... $ 0
Full-time equated classified positions................. 0
Unclassified salaries.................................. 0
Executive director programs--* FTE positions........... 0
Regulatory efficiency improvements/backlog reduction
initiative........................................... 0
Property management.................................... 0
Rent................................................... 0
Worker's compensation.................................. 0
Special project advances............................... 0
HR optimization charges................................ 0
Administrative services--* FTE positions............... 0
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 0
Federal revenues:
DED-OSERS, rehabilitation services, vocational
rehabilitation....................................... 0
DOE-OEERE, multiple grants............................. 0
DOL-ETA, unemployment insurance........................ 0
DOL-ETA, workforce investment act...................... 0
DOL, federal funds..................................... 0
DOL, multiple grants for safety and health............. 0
Federal revenues....................................... 0
HHS, titles XVIII and XIX.............................. 0
HHS, temporary assistance for needy families........... 0
Special revenue funds:
Local revenues......................................... 0
Private - special project advances..................... 0
Bank fees.............................................. 0
Boiler fees............................................ 0
Construction code fund................................. 0
Consumer finance fees.................................. 0
Contingent fund, penalty and interest account.......... 0
Contingent fund, regular penalty and interest.......... 0
Corporation fees....................................... 0
Credit union fees...................................... 0
Elevator fees.......................................... 0
Fees and collections/asbestos.......................... 0
Fire service fees...................................... 0
Insurance licensing and regulation fees................ 0
Insurance regulatory fees.............................. 0
Land sales fees........................................ 0
Licensing and regulation fees.......................... 0
Liquor license revenue................................. 0
Liquor purchase revolving fund......................... 0
Mobile home code fund.................................. 0
Metro authority fund................................... 0
Michigan state housing development authority fees and
charges.............................................. 0
Motor carrier fees..................................... 0
Private occupational school license fees............... 0
Public utility assessments............................. 0
Rehabilitation services fees........................... 0
Safety education and training fund..................... 0
Second injury fund..................................... 0
Securities fees........................................ 0
Self-insurers security fund............................ 0
Silicosis and dust disease fund........................ 0
Tax tribunal fees...................................... 0
State general fund/general purpose..................... 0
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
SERVICES
Full-time equated classified positions................. $ 0
Administration--* FTE positions........................ 0
Financial evaluation--* FTE positions.................. 0
Policy conduct and consumer assistance--* FTE
positions............................................ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Federal regulatory project revenue..................... 0
Special revenue funds:
Bank fees.............................................. 0
Consumer finance fees.................................. 0
Credit union fees...................................... 0
Insurance continuing education fees.................... 0
Insurance licensing and regulation fees................ 0
Insurance regulatory fees.............................. 0
Multiple employer welfare arrangement.................. 0
Deferred presentment service transaction fees.......... 0
Securities fees........................................ 0
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION
Full-time equated classified positions................. $ 0
Administration, planning and regulation--* FTE
positions............................................ 0
Energy office--* FTE positions......................... 0
Children's protection registry administration--* FTE
positions............................................ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 0
DOT-RSPA, gas pipeline safety.......................... 0
Special revenue funds:
Private - oil overcharge............................... 0
Motor carrier fees..................................... 0
Public utility assessments............................. 0
Children's protection registry fund.................... 0
Video franchise assessments............................ 0
State general fund/general purpose..................... 0
Sec. 105. LIQUOR CONTROL COMMISSION
Full-time equated classified positions................. $ 0
Management support services--* FTE positions........... 0
Liquor licensing and enforcement--* FTE positions...... 0
Appropriated from:
Special revenue funds:
Liquor license revenue................................. 0
Liquor purchase revolving fund......................... 0
State general fund/general purpose..................... $ 0
Sec. 106. MICHIGAN STATE HOUSING DEVELOPMENT
AUTHORITY
Full-time equated classified positions................. $ 0
Payments on behalf of tenants.......................... 0
Housing and rental assistance program--* FTE positions. 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
HUD, lower income housing assistance program........... 0
Special revenue funds:
Michigan state housing development authority fees and
charges.............................................. 0
State general fund/general purpose..................... $ 0
Sec. 107. OCCUPATIONAL REGULATION
Full-time equated classified positions................. $ 0
Code enforcement--* FTE positions...................... 0
Boiler inspection program--* FTE positions............. 0
Bureau of fire services--* FTE positions............... 0
Elevator inspection program--* FTE positions........... 0
Commercial services--* FTE positions................... 0
Local manufactured housing communities inspections..... 0
Manufactured housing and land resources program--* FTE
positions............................................ 0
Property development group--* FTE positions............ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 0
IDG from department of state police, homeland security. 0
Federal revenues:
FEMA................................................... 0
DOT.................................................... 0
HHS, title XVIII and XIX............................... 0
Special revenue funds:
Accountancy enforcement fund........................... 0
Boiler fee revenue..................................... 0
Construction code fund................................. 0
Corporation fees....................................... 0
Elevator fees.......................................... 0
Fire alarm fees........................................ 0
Fire service fees...................................... 0
Homeowner construction lien recovery fund.............. 0
Licensing and regulation fees.......................... 0
Liquor license revenue................................. 0
Mobile home code fund.................................. 0
Michigan boxing fund................................... 0
Property development fees.............................. 0
Remonumentation fees................................... 0
Real estate appraiser continuing education fund........ 0
Real estate education fund............................. 0
Security business fund................................. 0
State general fund/general purpose..................... $ 0
Sec. 108. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions................. $ 0
Occupational safety and health--* FTE positions........ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 0
Special revenue funds:
Corporation fees....................................... 0
Fees and collections/asbestos.......................... 0
Licensing and regulation fees.......................... 0
Safety education and training fund..................... 0
Securities fees........................................ 0
State general fund/general purpose..................... $ 0
Sec. 109. BUREAU OF WORKER'S AND UNEMPLOYMENT
COMPENSATION
Full-time equated classified positions................. $ 0
Administration--* FTE positions........................ 0
Board of magistrates and appellate commission--* FTE
positions............................................ 0
Wage and hour division--* FTE positions................ 0
Insurance funds administration--* FTE positions........ 0
Supplemental benefit fund.............................. 0
Unemployment programs--* FTE positions................. 0
Advocacy assistance program............................ 0
Expanded fraud control program--* FTE positions........ 0
Special audit and collections program--* FTE positions. 0
Training program for agency staff--* FTE positions..... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 0
DOL-ETA, unemployment insurance........................ 0
Federal Reed act funds................................. 0
Special revenue funds:
Corporation fees....................................... 0
Contingent fund, penalty and interest account.......... 0
Licensing and regulation fees.......................... 0
Second injury fund..................................... 0
Securities fees........................................ 0
Self-insurers security fund............................ 0
Silicosis and dust disease fund........................ 0
Worker's compensation administrative revolving fund.... 0
State general fund/general purpose..................... $ 0
Sec. 110. STATE OFFICE OF ADMINISTRATIVE HEARINGS
AND RULES
Full-time equated classified positions................. $ 0
Administrative hearings and rules--* FTE positions..... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 0
IDG from department of corrections..................... 0
IDG from department of education....................... 0
IDG from department of environmental quality........... 0
IDG from department of human services.................. 0
IDG from department of management and budget........... 0
Federal revenues:
DOL-ETA, unemployment insurance........................ 0
DOL, multiple grants for safety and health............. 0
Special revenue funds:
Construction code fund................................. 0
Corporation fees....................................... 0
Insurance regulatory fees.............................. 0
Licensing and regulation fees.......................... 0
Liquor purchase revolving fund......................... 0
Mobile home code fund.................................. 0
Public utility assessments............................. 0
Safety education and training fund..................... 0
Securities fees........................................ 0
Tax tribunal fees...................................... 0
State general fund/general purpose..................... $ 0
Sec. 111. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 0
DOL, multiple grants for safety and health............. 0
Federal revenues....................................... 0
HHS, temporary assistance for needy families........... 0
Special revenue funds:
Bank fees.............................................. 0
Boiler fee revenue..................................... 0
Construction code fund................................. 0
Consumer finance fees.................................. 0
Corporation fees....................................... 0
Credit union fees...................................... 0
Elevator fees.......................................... 0
Fees and collections/asbestos.......................... 0
Fire service fees...................................... 0
Insurance regulatory fees.............................. 0
Land bank fast track fund.............................. 0
Licensing and regulation fees.......................... 0
Liquor purchase revolving fund......................... 0
Mobile home code fund.................................. 0
Michigan state housing development authority fees and
charges.............................................. 0
Motor carrier fees..................................... 0
Public utility assessments............................. 0
Safety education and training fund..................... 0
Second injury fund..................................... 0
Securities fees........................................ 0
Self-insurers security fund............................ 0
Silicosis and dust disease fund........................ 0
State general fund/general purpose..................... $ 0
Sec. 112. WORKFORCE DEVELOPMENT
Full-time equated classified positions................. $ 0
Employment services--* FTE positions................... 0
Labor market information--* FTE positions.............. 0
Michigan rehabilitation services--* FTE positions...... 0
Workforce programs administration--* FTE positions..... 0
Jobs education training pilot--* FTE positions......... 0
Jobs education training statewide expansion--* FTE
positions............................................ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Interdepartmental grant revenues:
IDG from department of human services.................. 0
Federal revenues:
DAG, employment and training........................... 0
DED-OPSE, multiple grants.............................. 0
DED-OSERS, centers for independent living.............. 0
DED-OSERS, rehabilitation long-term training........... 0
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 0
DED-OSERS, state grants for technical related
assistance........................................... 0
DOL-ETA, workforce investment act...................... 0
DED, Perkins act....................................... 0
DOL, federal funds..................................... 0
DOL-ODEP............................................... 0
HHS, temporary assistance for needy families........... 0
HHS-SSA, supplemental security income.................. 0
Special revenue funds:
Local revenue.......................................... 0
Local vocational rehabilitation match.................. 0
Private - gifts, bequests, and donations............... 0
Contingent fund, penalty and interest account.......... 0
Rehabilitation services fees........................... 0
Second injury fund..................................... 0
Student fees........................................... 0
Training materials fees................................ 0
State general fund/general purpose..................... 0
Sec. 113. CAREER EDUCATION PROGRAMS
Full-time equated classified positions................. $ 0
Career and technical education--* FTE positions........ 0
Postsecondary education--* FTE positions............... 0
Adult education--* FTE positions....................... 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
DED, Perkins act....................................... 0
Federal revenues....................................... 0
Special revenue funds:................................. 0
Private occupational school license fees............... 0
Defaulted loan collection fees......................... 0
State general fund/general purpose..................... 0
Sec. 114. DEPARTMENT GRANTS
Adult basic education.................................. $ 0
Carl D. Perkins grants................................. 0
Focus: HOPE............................................ 0
Gear-up program grants................................. 0
Workforce training programs subgrantees................ 0
Personal assistance services........................... 0
Vocational rehabilitation client services/facilities... 0
Vocational rehabilitation independent living........... 0
Welfare-to-work programs............................... 0
Fire protection grants................................. 0
Low-income energy efficiency assistance................ 0
Liquor law enforcement grants.......................... 0
Remonumentation grants................................. 0
Michigan nursing corps................................. 0
Michigan housing and community development fund........ 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
DAG, employment and training........................... 0
DED-OESE, gear-up...................................... 0
DED-OSERS, centers for independent living.............. 0
DED-OSERS, client assistance for individuals with
disabilities......................................... 0
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 0
DED-OSERS, rehabilitation services facilities.......... 0
DED-OSERS, supported employment........................ 0
DED-OSERS, state grants for technical related
assistance........................................... 0
DED-OVAE, adult education.............................. 0
DED-OVAE, basic grants to states....................... 0
DOL-ETA, workforce investment act...................... 0
DOL, federal funds..................................... 0
HHS-SSA, supplemental security income.................. 0
HHS, temporary assistance for needy families........... 0
Special revenue funds:
Local vocational rehabilitation facilities match....... 0
Local vocational rehabilitation match.................. 0
Private - gifts, bequests, and donations............... 0
Contingent fund, penalty and interest account.......... 0
Low-income energy efficiency fund...................... 0
Fire protection fund................................... 0
Liquor purchase revolving fund......................... 0
Liquor license revenue................................. 0
Remonumentation grants................................. 0
State general fund/general purpose..................... 0
Sec. 115. BOARDS, AUTHORITIES, AND COMMISSIONS
Full-time equated classified positions................. $ 0
MES board of review program--* FTE positions........... 0
Rights-of-way oversight authority--* FTE positions..... 0
Land bank fast track authority--* FTE positions........ 0
Commission on Spanish-speaking affairs--* FTE
positions............................................ 0
Commission on disability concerns--* FTE positions..... 0
Commission for the blind--* FTE positions.............. 0
Utility consumer representation........................ 0
Youth low vision program............................... 0
Tax tribunal--* FTE positions.......................... 0
Employment relations--* FTE positions.................. 0
GROSS APPROPRIATION.................................... 0
Appropriated from:
Federal revenues:
Federal revenue........................................ 0
EEOC, federal funds.................................... 0
DOL-ETA, unemployment insurance........................ 0
Special revenue funds:
Private revenues....................................... 0
Local revenues......................................... 0
Corporation fees....................................... 0
Land bank fast track fund.............................. 0
METRO authority fund................................... 0
Securities fees........................................ 0
State restricted revenues.............................. 0
Tax tribunal fees...................................... 0
Utility consumer representation fund................... 0
State general fund/general purpose..................... 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2007-2008 is $0.00 and state spending
from state resources to be paid to local units of government for
fiscal year 2007-2008 is $0.00. The itemized statement below
identifies appropriations from which spending to units of local
government will occur:
DEPARTMENT OF LABOR AND ECONOMIC GROWTH
Fire protection grants................................. $ 0
Liquor law enforcement................................. 0
Local manufactured housing inspections................. 0
Remonumentation grants................................. 0
Bureau of fire services................................ 0
Welfare to work........................................ 0
Total department of labor and economic
growth................................................. $ 0
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) "DAG" means the United States department of agriculture.
(b) "DED" means the United States department of education.
(c) "DED-OESE" means the DED office of elementary and
secondary education.
(d) "DED-OPSE" means the DED office of postsecondary
education.
(e) "DED-OSERS" means the DED office of special education
rehabilitation services.
(f) "DED-OVAE" means the DED office of vocational and adult
education.
(g) "Department" means the department of labor and economic
growth.
(h) "Director" means the director of the department of labor
and economic growth.
(i) "DOE" means the United States department of energy.
(j) "DOE-OEERE" means the DOE office of energy efficiency and
renewable energy.
(k) "DOL" means the United States department of labor.
(l) "DOL-ETA" means the DOL employment and training
administration.
(m) "DOL-ODEP" means the DOL office of disability employment
policy.
(n) "DOT" means the United States department of
transportation.
(o) "DOT-RSPA" means the DOT research and special programs
administration.
(p) "EEOC" means the equal employment opportunity commission.
(q) "FEMA" means the federal emergency management agency.
(r) "Fiscal agencies" means the Michigan house fiscal agency
and Michigan senate fiscal agency.
(s) "FTE" means full-time equated.
(t) "HHS" means the United States department of health and
human services.
(u) "HHS-SSA" means the HHS social security administration.
(v) "HUD" means the United States department of housing and
urban development.
(w) "MES" means Michigan employment security.
(x) "MIOSHA" means the Michigan occupational safety and health
administration.
(y) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 204. The department of civil service shall bill
departments and agencies at the end of the first fiscal quarter for
the 1% charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause a loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives standing committees on appropriations the number of
exceptions to the hiring freeze approved during the previous month
and the reasons to justify the exception.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this act. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement or it may include
placement of reports on the Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference should be given to
goods or services, or both, manufactured or provided by Michigan
businesses if they are competitively priced and of comparable
quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 211. The department shall establish and maintain
affirmative action programs based on the guidelines developed by
the state equal opportunity workforce planning council which was
created by Executive Order No. 1996-13 in order to receive general
fund/general purpose dollars.
Sec. 213. From the funds appropriated in part 1 for
information technology, the department shall pay user fees to the
department of information technology for technology-related
services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the department and
the department of information technology.
Sec. 214. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the house and senate appropriations committees.
(3) Not later than January 1 of each year, each department
shall prepare a travel report listing all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the chairs and members of the house and senate
appropriations committees, the fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 218. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $0.00 for federal
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
Senate Bill No. 234 (H-6) as amended September 6, 2007
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $0.00 for state restricted
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $0.00 for local contingency
funds. These funds are not available for expenditure until they
have been transferred to another line item in this act under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $0.00 for private contingency
funds. These funds are not available for expenditure until they
have been transferred to another line item in this act under
section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 220. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended.
[Sec. 221. From the funds appropriated in part 1, the department shall implement continuous improvement efficiency mechanisms in the programs administered by the department. The continuous improvement efficiency mechanisms shall identify changes made in programs to increase efficiency and reduce expenditures in the programs. On March 31, 2008 and September 30, 2008, the department shall submit a report to the state budget director, the senate and house appropriation subcommittees and the senate and house fiscal agencies on the progress made toward increased efficiencies in department programs. At a minimum, each report shall include information on the program review process, the type of improvement mechanisms implemented and actual and projected expenditure savings as a result of the increased program efficiencies.]
REGULATORY
Sec. 301. The appropriation in part 1 for fire protection
grants from the liquor purchase revolving fund and the fire
protection fund shall be appropriated to cities, villages, and
townships with state-owned facilities for fire services, instead of
taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 302. The funds collected by the office of financial and
insurance services in connection with a conservatorship pursuant to
section 32 of the mortgage brokers, lenders, and servicers
licensing act, 1987 PA 173, MCL 445.1682, shall be appropriated for
all expenses necessary to provide for the required services. Funds
are available for expenditure when they are received by the
department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 303. The funds collected by the department from
corporations being liquidated pursuant to the insurance code of
1956, 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated
for all expenses necessary to provide for the required services.
Funds are available for expenditure when they are received by the
department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 304. The department may make available to interested
entities otherwise unavailable customized listings of
nonconfidential information in its possession, such as names and
addresses of licensees, and charge for this information as follows:
base fee for 1 to 1,000 records at the cost to the department;
1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more
records at .5 cents per record. The revenue received from this
service may be used to offset expenses of programs as appropriated
in part 1. The balance of this revenue collected and unexpended at
the end of the fiscal year shall revert to the appropriate
restricted revenue account or fund or, in absence of such an
account or fund, to the general fund. The department shall submit
an annual report on or before December 1 of each year to the state
budget office and the subcommittees that states the amount of
revenue received from the sale of information.
Sec. 306. The Michigan state housing development authority
shall annually present a report to the state budget office and the
subcommittees on the status of the authority's housing production
goals under all financing programs established or administered by
the authority. The report shall give special attention to efforts
to raise affordable multifamily housing production goals.
Sec. 308. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in R 408.8151
of the Michigan administrative code and as determined under section
8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year. The department shall
submit a report on an annual basis to the state budget office and
the subcommittees on the amount of funds available under this
section.
Sec. 310. Money appropriated under this act for the bureau of
fire services shall not be expended unless, in accordance with
section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c,
inspection and plan review fees will be charged according to the
following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $150.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 313. If the revenue collected by the department from
licensing and regulation fees collected by the office of commercial
services exceeds the amount appropriated in part 1, the revenue may
be carried forward into the subsequent fiscal year. The revenue
carried forward under this section shall be used as the first
source of funds in the subsequent fiscal year.
Sec. 314. Funds earned or authorized by the United States
department of labor in excess of the gross appropriation in part 1
for the unemployment insurance agency and the employment service
agency from the United States department of labor are appropriated
and may be expended for staffing and related expenses incurred in
the operation of its programs. These funds may be spent after the
department notifies the state budget director and the subcommittees
of the purpose and amount of each grant award.
Sec. 315. The department shall sell documents at a price not
to exceed the cost of production and distribution. Money received
from the sale of these documents shall revert to the department.
The funds are available for expenditure when they are received by
the department of treasury and may only be used for costs directly
related to the continued updating and distribution of the documents
pursuant to this section. This section applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary
commission operations manual, and other local government assistance
manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2349; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA
265, MCL 451.501 to 451.818.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) Copies of transcripts from administrative law hearings.
Sec. 317. The department, MIOSHA, shall provide an annual
report by February 1 of each year to the state budget director, the
fiscal agencies, and the subcommittees on the number of individuals
killed and the number of individuals injured on the job within
industries regulated by the bureau during the most recent year for
which data are available.
Sec. 326. (1) The appropriation in part 1 for the Michigan
commission for the blind includes funds for case services. These
funds may be used for tuition payments for blind clients.
(2) Revenue collected by the Michigan commission for the blind
from private and local sources that is unexpended at the end of the
fiscal year may carry forward to the subsequent fiscal year.
Sec. 335. The public service commission shall report by June 1
of each year to the subcommittees, the state budget office, and the
fiscal agencies on the distribution of funds appropriated in part 1
for the low-income/energy efficiency assistance program.
Sec. 336. The department shall provide the subcommittees,
fiscal agencies, and state budget director with a report on or
before December 1 outlining actual expenditures for the last
completed fiscal year for each division within the office of
financial and insurance services.
Sec. 340. The office of financial and insurance services shall
provide copies of the quarterly and annual financial filings of
health maintenance organizations to the fiscal agencies on a timely
basis.
Sec. 349. The department and the Michigan state housing
development authority shall work collaboratively with other state
departments and agencies to maximize the use of available Michigan
state housing development authority fund equity to provide senior
assisted living that offers a continuum of care from independent
apartments to assisted living to nursing care and Alzheimer
programs.
Sec. 350. (1) The department shall allocate funds to promote
awareness of the right of a policyholder, subscriber, member,
enrollee, or other individual participating in a health benefit
plan, after the covered person has exhausted the health carrier's
internal grievance process provided for by law, to request an
external review for an adverse determination.
(2) As used in this section, "covered person" means that term
as defined in section 3 of the patient's right to independent
review act, 2000 PA 251, MCL 550.1903.
Sec. 352. From the funds appropriated in part 1 for
unclassified salaries, the department shall provide funding for 5
worker's compensation appellate commissioners and 26 worker's
compensation board of magistrates. Expenditures shall be made so
that the 2 bodies shall decide worker's compensation cases in a
timely manner.
Sec. 356. The Michigan commission for the blind shall work
collaboratively with service organizations to identify qualified
match dollars to maximize use of available federal funds.
Sec. 357. The department may resume printing the real estate
law and rules book (red book). The red book shall include, but is
not limited to, real estate laws and regulations and related
statutes. The red book will be provided at no charge to actively
licensed real estate brokers, associate brokers, and salespersons.
Any other party seeking a copy of the red book may purchase the
book from the bureau of commercial services at the bureau's cost to
produce the book or may print the bureau's Internet version of the
red book at no cost.
Sec. 358. The real estate education fund created in section 37
of the state license fee act, 1979 PA 152, MCL 338.2237, and
administered by the department shall allow prelicensure and
postlicensure education to be delivered through on-line courses by
a community college, university, or private school, after licensure
and approval by the department. Expenditures from this fund may
also be made to support department grants for educational providers
to establish on-line courses that would be made available to
students throughout the year.
Sec. 361. In addition to the amounts appropriated in part 1
for the administration of the land bank fast track authority, the
authority may expend revenues received under the land bank fast
track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes
authorized by the act including, but not limited to, the
acquisition, lease, management, demolition, maintenance, or
rehabilitation of real or personal property, payment of debt
service for notes or bonds issued by the authority, and other
expenses to clear or quiet title property held by the authority.
Sec. 362. Of the funds appropriated in part 1 for the
department, $0.00 may be used for administration and enforcement of
boxing regulation in Michigan.
Sec. 368. Funds collected by the department under sections 55,
57, 58, and 59 of the administrative procedures act of 1969, 1969
PA 306, MCL 24.255, 24.257, 24.258, and 24.259, and section 203 of
the legislative council act, 1986 PA 268, MCL 4.1203, are
appropriated for all expenses necessary to provide for the cost of
publication and distribution. The funds appropriated under this
section are allotted for expenditure when they are received by the
department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 369. The video franchise assessment fund is created and
shall exist in the state treasury and shall receive revenue as
provided in the uniform video services local franchise act, 2006 PA
480, MCL 484.3301 to 484.3314. All interest and earnings of the
fund may be retained by the fund per direction by the state
treasurer. Money in the fund at the close of the fiscal year may
carry forward to the new fiscal year and may be used as the first
source of funds in the subsequent fiscal year.
Sec. 376. In addition to the funds appropriated in part 1, any
unencumbered and unrestricted federal workforce investment act
funds available from prior fiscal years are appropriated for the
purposes originally intended.
WORKFORCE AND CAREER DEVELOPMENT
Sec. 401. The Michigan career and technical institute may
receive equipment and in-kind contributions for the direct support
of staff services through the Pine Lake fund, the Delton-Kellogg
school district or other local or intermediate school district, or
any combination of local or intermediate school districts in
addition to those authorized in part 1.
Sec. 402. The Michigan rehabilitation service shall make every
effort to ensure that all sources of matching funds in this state
are used to obtain federal vocational rehabilitation funds. All
sources include, but are not limited to, privately raised funds to
support public nonprofit rehabilitation centers as permitted by the
rehabilitation act of 1973, Public Law 93-112, 29 USC 701 to 718,
720 to 751, 760 to 765, 771 to 776, 780 to 785, 791 to 794e, 795 to
795n, and 796 to 796l.
Sec. 404. (1) Of the funds appropriated in part 1 for
vocational rehabilitation independent living, all general
fund/general purpose revenue not used to match federal funds shall
be used for the support of centers for independent living which are
in compliance with federal standards for such centers, for
technical assistance to centers, and for projects to build capacity
of centers to deliver independent living services. Applications for
such funds shall be reviewed in accordance with criteria and
procedures established by the statewide independent living council,
the Michigan rehabilitation services unit within the department,
and the Michigan commission for the blind. Funds must be used in a
manner consistent with the priorities established in the state plan
for independent living. The department is directed to work with the
Michigan association of centers for independent living and the
local workforce development boards to identify other competitive
sources of funding.
(2) As a condition of receipt of funds appropriated in part 1,
the statewide independent living council and the Michigan
association of centers for independent living shall jointly produce
a report providing the following information:
(a) Results in terms of enhanced statewide access to
independent living services to individuals who do not have access
to such services through other existing public agencies, including
measures by which these results can be monitored over time. These
measures shall include:
(i) Total number of persons assisted by the centers and a
comparison to the number assisted in the previous year.
(ii) Number of persons moved out of nursing homes into
independent living situations and a comparison to the number
assisted in the previous year.
(iii) Number of persons for whom accommodations were provided to
enable independent living or access to employment and a comparison
to the number assisted in the previous year.
(iv) The total number of disabled individuals served by
personal care attendants and the number of personal care attendants
provided through the use of any funds appropriated in part 1
administered by a center for independent living and a comparison to
the number served in the previous year.
(b) Information from each center for independent living
receiving funding through appropriations in part 1 detailing their
total budget for their most recently completed fiscal year as well
as the amount within that budget funded through the vocational
rehabilitation independent living grant program referenced in part
1, the total amount funded through other state agencies, the amount
funded through federal sources, and the amount funded through local
and private sources.
(c) Savings to state taxpayers in other specific areas that
can be shown to be the direct result of activities funded from the
vocational rehabilitation independent living grant program during
the most recently completed state fiscal year.
(3) The report required in subsection (2) shall be submitted
to the subcommittees, the fiscal agencies, and the state budget
director on or before January 30.
Sec. 405. The department shall administer the work first
program in accordance with the requirements of the social security
act, title IV, section 407(d), the state social welfare act, 1939
PA 280, MCL 400.1 to 400.119b, and all other applicable laws and
regulations.
Sec. 406. (1) Using all relevant state data sources, the
department shall conduct a 3-year longitudinal study of all former
work first participants, whose department of human services program
cases closed due to earnings during fiscal year 1999 and in
succeeding fiscal years. The data will include the following:
(a) The number and percentage employed.
(b) The average hourly wage of those employed.
(c) The current hourly wage of those employed.
(d) The range of wages earned by those employed.
(e) The number of individuals that earned each wage amount.
(f) The number and percentage receiving health care benefits
from their employer.
(g) The number and percentage receiving tuition reimbursement
from their employer.
(h) The number and percentage receiving training benefits from
their employer.
(i) The type of jobs obtained by former participants in
general categories.
(j) The length of time former participants have retained their
jobs, or if participants have had more than 1 job, the length of
time employed at each job.
(k) The number and percentage continuing to receive any type
of public assistance.
(l) If the former recipient has children, whether the children
are enrolled in and attending school.
(m) The extent to which the former participant feels that they
and their family are better off now than when they were on cash
assistance with regard to household income, housing, food and
nutritional needs, child health care, and access to health
insurance coverage.
(2) The department shall notify the subcommittees, fiscal
agencies, and state budget director electronically by March 15 of
the location of the Internet site where the report containing the
identified data is located.
(3) The department shall cooperate with the department of
human services in formulating and acquiring the identified data.
(4) The department may retain a third party to conduct the
studies to obtain the data identified under this section.
Sec. 407. State and federal funds allocated to local workforce
development boards for disbursement shall not be expended unless
the local workforce development boards maintain a partnership with
governmental agencies, public school districts, and public colleges
located within the local service delivery area. Each board shall
appoint an education advisory group made up of high-level
administrators within local educational institutions, workforce
development board members, other employers, labor, academic
educators, and parents of public school pupils.
Sec. 408. (1) From the funds appropriated in part 1, it is the
intent of the legislature that the department identify ways to
enhance local access to baccalaureate degree opportunities in
applied sciences and applied technologies through better utilizing
the existing capacity of community colleges. Funds in part 1 are
provided to allow the department to commission an independent study
to determine where in Michigan these programs would be most
beneficial in meeting current and projected economic and workforce
development needs, and where community college capacity exists to
develop baccalaureate level programs quickly. The study should
consider criteria such as the following:
(a) Regions that have historically been dependent on
manufacturing and automotive related industries where workers have
been displaced or are in transition.
(b) Communities that are significantly below the state average
of working age adults with 4-year degrees.
(c) Locations served by community colleges that have a strong
track record for advanced technical training, workforce development
programs, and employer partnerships.
(d) Communities that do not contain a public university
already offering similar degree opportunities.
(e) Locations where the community college has both faculty and
facilities already in place that are capable of supporting
baccalaureate level programs in applied technical fields.
(f) Evidence of employer support and future employment
opportunities for graduates of the programs.
(2) The department is to commission and receive the study and
shall present a report, not later than January 1, 2008, analyzing
the study to the appropriations committees of the house and senate,
the state budget office, and the fiscal agencies.
Sec. 410. (1) The department shall make available, in person
or by telephone, 1 disabled veterans outreach program specialist or
local veterans employment representative to Michigan works! service
centers, as resources permit, during hours of operation.
(2) The department shall ensure that each Michigan works!
service center shall have the necessary equipment to allow the
disabled veterans outreach specialist or local veterans employment
representative to perform his or her duties.
(3) The department shall require each Michigan works! service
center to have an employee available to ask each individual who
requires intensive services beyond core services, as defined by
section 134 of the workforce investment act of 1998, 29 USC 2864,
whether that individual is a veteran. That employee shall refer
each veteran to the disabled veterans outreach program specialist
or local veterans employment representative on duty at the time.
(4) The department shall require that each Michigan works!
service center shall have posted in a conspicuous place within the
office a notice advising veterans that a disabled veterans outreach
program specialist or a local veterans employment representative is
available to assist him or her.
(5) The department shall require each Michigan works! service
center to provide free mediated services to employers wishing to
hire a veteran.
(6) The department shall continue to make the appropriate
placement of veterans and disabled veterans a priority.
Sec. 415. Of the amounts appropriated in part 1 for
postsecondary education, private occupational school license fees
shall fund related administrative costs of the proprietary schools
oversight unit within the department.
Sec. 417. The department is appropriated an amount not to
exceed $0.00 from collection of defaulted loans under the future
faculty program in the Martin Luther King, Jr. - Cesar Chavez -
Rosa Parks programs to offset costs of administering the loan
collections.
Sec. 418. From the funds appropriated in part 1 for
postsecondary education, the department shall compile data from
each university that receives funding for the future faculty
program within the King-Chavez-Parks initiative on employment
outcomes for program participants. The report shall be distributed
to the house and senate appropriations committees, the fiscal
agencies, and the state budget office by February 1 of each year.
The report shall include data from each participating university
covering the most recently completed fiscal year. The data shall
include all of the following:
(a) The number of participants receiving support under the
program.
(b) The number of participants obtaining full-time employment.
(c) The number of participants obtaining full-time employment
in college faculty positions.
(d) The number of participants obtaining full-time employment
in college faculty positions within the university through which
they received future faculty program support for graduate studies.
Sec. 421. The King-Chavez-Parks initiative shall be marketed
by the department to Michigan parents and high school and college
students, to promote the benefits and the availability of the
college day, select student support services, college/university
partnership, visiting professors, Morris Hood, Jr. educator
development, and future faculty programs. The department shall
provide electronic notification of the location of the report on
the Internet to the subcommittees annually, identifying all efforts
taken to market these programs, including, but not limited to, the
amount of funding allocated for this purpose, the fund source, and
any expenditures or encumbrances relating to this marketing effort.
Sec. 425. The department shall work cooperatively with the
department of civil service to identify state employees who will
lose their jobs as a result of an agency or program being
reorganized, modified, or eliminated and shall develop training
programs and provide training to these individuals that will
provide them an opportunity and skills necessary to secure new
employment within state government or the private sector. It shall
be a priority of the department to provide training and employment
opportunities to these individuals through their employment service
locations.
Sec. 427. The youth low-vision program is considered the payer
of last resort. Other available public or private insurance
coverage, including Medicaid or MIChild, and special education
funds, shall be exhausted prior to using any funds appropriated in
part 1 to purchase low-vision devices or equipment for an
individual.
Sec. 429. (1) As a condition for receipt of the funds
appropriated in part 1, Focus: HOPE shall submit a report on the
use of the grant's funds appropriated in part 1 to the chairs of
the subcommittees, the fiscal agencies, and the state budget office
that includes, but is not limited to, the following:
(a) Detailed expenditures for administration including
salaries and wages of employees.
(b) Amount allocated for education and training programs
including number of students served by each program.
(c) Amount allocated for job search assistance and career
planning including the number of students served by each program.
(d) Detailed expenditures for any contracts entered into with
the use of these funds.
(e) Detailed expenditures for any program enhancements
including number of new hires and capital expenditures.
(2) The report shall be submitted on or before January 31.
Sec. 430. Funding in part 1 for the jobs, education, and
training (JET) statewide expansion in fiscal year 2008 shall not be
allotted and released by the state budget director until savings
are achieved and documented from the fiscal year 2007 JET program
implementation in 50% of the state. The method for documenting JET
savings for fiscal year 2007 shall be proposed by the department of
human services and approved by the state budget director.
Sec. 431. (1) From the appropriation in part 1 for the
Michigan nursing corps, grants shall be awarded to Michigan
universities and community colleges with existing, accredited
nursing baccalaureate and master's education programs for the
purpose of accelerated nursing education programs that increase the
capacity of nursing faculty and add new nurses to the workforce,
and the department may award grants on a matching basis to licensed
hospitals that agree to provide nurse educators and related
clinical training to additional student nurses in partnership with
colleges and universities. Awards shall be made in a manner and
form as determined by the department, in collaboration with the
department of community health.
(2) One or more grants may be awarded to educational
institutions for nursing education programs that meet 1 or more of
the following:
(a) Preparation of master's-degreed nursing faculty in a
nationally accredited, accelerated program. Grants for this program
may include program tuition, a stipend for student living expenses,
and other education-related costs.
(b) Preparation of doctoral-degreed nursing faculty in an
accelerated program within an existing, accredited doctor of
philosophy in nursing program. Participants must be currently
enrolled doctoral students who will be able to complete their
doctoral degree program within 2 years. Grants for this program may
include program tuition, a stipend for student living expenses, and
other education-related costs.
(c) Preparation of clinical instructors for nursing education
programs. A common statewide curriculum will be developed by a
consortium of the grantee institutions. The program shall include
classroom instruction plus a practicum with students and patients.
This program shall require collaborative agreements between nursing
education programs and hospitals. It is expected that each graduate
will provide clinical instruction for at least 1 cohort of nursing
students per year.
(d) Preparation of registered nurses in accredited,
accelerated bachelor's in nursing education programs. This program
shall be targeted toward Michigan workers who have been displaced
from employment and who possess a bachelor's degree in a science-
related area. Grants for this program may include program tuition,
a stipend for student living expenses, and other education-related
costs.
(3) Students eligible to participate in the programs funded
under this section must be registered nurses willing to participate
full-time in accredited programs and be employed in Michigan for a
minimum of years, as determined by the department of community
health, upon completion of the program. The department of community
health shall establish procedures for recovery of funds from
students who do not remain in Michigan for the prescribed time
period.
(4) Program management, data management, and evaluation for
these projects shall be the responsibility of the department of
community health, in collaboration with the department.
(5) The funds appropriated in part 1 for the Michigan nursing
corps are designated as work project appropriations and shall not
lapse at the end of the fiscal year. Any unencumbered and
unexpended funds shall continue to be available for the expenditure
of grants until the project has been completed. The total cost is
estimated at $15,000,000.00 and the tentative completion date is
September 30, 2009.
Sec. 432. (1) Of the funding appropriated for workforce
training program subgrantees, $0.00 is appropriated for the no
worker left behind free tuition program. No worker left behind is a
commitment to provide opportunities to accelerate the transition of
displaced workers to new jobs, new careers, and new opportunities
through the award of tuition for 2 years of training.
(2) These funds are designated as work project appropriations
and shall not lapse at the end of the fiscal year. Any unencumbered
and unexpended funds shall continue to be available for the
expenditure of grants until the project has been completed. The
total cost is estimated at $37,000,200.00 and the tentative
completion date is September 30, 2009.
Sec. 433. From the funds appropriated in part 1 for welfare-
to-work programs, $0.00 shall be allocated to Focus: HOPE to design
a pilot program which will improve the job placement and retention
of welfare recipients. The pilot shall address barriers to
employment identified by the department of human services jobs,
education, and training program. In developing this program, Focus:
HOPE shall work collaboratively with the department of human
services, community colleges, and universities.
Sec. 434. From the funds appropriated in part 1 for Michigan
housing and community development fund, $0.00 shall be allocated to
the Michigan state housing development authority (MSHDA) for
projects as described in sections 58c and 58d of the state housing
development authority act of 1966, 1966 PA 346, MCL 125.1458c and
125.1458d. MSHDA shall develop an allocation plan based on
geographical need statewide. Eligible applicants shall include for-
profit organizations, nonprofit organizations, local governments,
and other entities as defined by MSHDA. Potential projects include,
but are not limited to, financing downtown and neighborhood
streetscape, façade, and other improvements, financing subsidized
housing for renters and homeowners, and financing housing for
impoverished and extremely low-income households.
Sec. 435. From the funds appropriated in part 1 for Land bank
fast track authority, $0.00 shall be used for additional
maintenance of all tax reverted properties.