SB-0234, As Passed Senate, August 22, 2007

 

 

 

 

 

 

 

 

 

 

 

 

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, subject to the

 

conditions set forth in this act, for the fiscal year ending


Senate Bill No. 234 as amended August 22, 2007

 

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......... 58.5

 

   Full-time equated classified positions.... <<4,277.5>>

 

GROSS APPROPRIATION.................................... $ <<1,294,045,000>>

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        34,472,800

 

ADJUSTED GROSS APPROPRIATION........................... $ <<1,259,572,200>>

 

   Federal revenues:

 

Total federal revenues.................................   <<820,712,500>>

 

   Special revenue funds:

 

Total local revenues...................................        15,884,700

 

Total private revenues.................................         2,314,300

 

Total other state restricted revenues..................   <<374,025,100>>

 

State general fund/general purpose..................... $ <<46,635,600>>

 

   Sec. 102. DEPARTMENTAL ADMINISTRATION

 

   Full-time equated unclassified positions......... 58.5

 

   Full-time equated classified positions.......... 179.0

 

Unclassified salaries.................................. $      5,349,400

 

Executive director programs--53.0 FTE positions........         6,622,100

 

Regulatory efficiency improvements/backlog reduction

 

   initiative...........................................           475,600

 

Property management....................................        10,519,200

 

Rent...................................................    <<17,015,600>>


Senate Bill No. 234 as amended August 22, 2007

 

Worker's compensation..................................         1,381,000

 

Special project advances...............................           940,000

 

HR optimization charges................................           259,700

 

Administrative services--126.0 FTE positions...........   <<13,059,500>>

 

GROSS APPROPRIATION.................................... $ <<55,622,100>>

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of community health................           300,000

 

   Federal revenues:

 

DED-OEERE, multiple grants.............................             9,300

 

DED-OSERS, rehabilitation services, vocational

 

   rehabilitation of state grants.......................         4,902,300

 

DOL-ETA, unemployment insurance........................        13,570,600

 

DOL-ETA, workforce investment act......................           882,100

 

DOL, federal funds.....................................         2,334,500

 

DOL, multiple grants for safety and health.............           776,900

 

Federal revenues.......................................       <<578,000>>

 

HHS, temporary assistance for needy families...........           347,000

 

HHS, titles XVIII and XIX..............................            34,100

 

   Special revenue funds:

 

Private - special project advances.....................           940,000

 

Local revenues.........................................           131,300

 

Bank fees..............................................           540,800

 

Boiler fees............................................           254,000

 

Construction code fund.................................         1,071,700

 

Consumer finance fees..................................           177,600

 

Contingent fund, penalty and interest account..........           861,400


 

Contingent fund, regular penalty and interest..........             4,100

 

Corporation fees.......................................         5,132,100

 

Credit union fees......................................           350,800

 

Elevator fees..........................................           268,600

 

Fees and collections/asbestos..........................            76,200

 

Fire service fees......................................           792,500

 

Insurance licensing and regulation fees................         1,910,800

 

Insurance regulatory fees..............................         1,098,400

 

Land sales fees........................................            15,000

 

Licensing and regulation fees..........................           822,600

 

Liquor license revenue.................................           100,000

 

Liquor purchase revolving fund.........................         5,536,700

 

Manufactured housing commission fees...................           263,600

 

Michigan state housing development authority fees

 

   and charges..........................................         4,021,500

 

Motor carrier fees.....................................           185,200

 

Public utility assessments.............................         2,171,300

 

Private occupational school license fees...............            14,000

 

Rehabilitation services fees...........................            90,300

 

Safety education and training fund.....................           572,100

 

Second injury fund.....................................           257,000

 

Securities fees........................................         2,409,700

 

Self-insurers security fund............................            87,300

 

Silicosis and dust disease fund........................           111,300

 

Tax tribunal fees......................................           189,300

 

State general fund/general purpose..................... $      1,430,100

 

   Sec. 103. OFFICE OF FINANCIAL AND INSURANCE


 

SERVICES

 

Full-time equated classified positions.......... 288.0

 

Administration--21.0 FTE positions..................... $      4,162,400

 

Policy conduct and consumer assistance--86.0 FTE

 

   positions............................................        14,177,900

 

Financial evaluation--181.0 FTE positions..............        27,073,000

 

GROSS APPROPRIATION.................................... $     45,413,300

 

    Appropriated from:

 

   Federal revenues:

 

Federal regulatory project revenue.....................            50,400

 

   Special revenue funds:

 

Bank fees..............................................         7,469,200

 

Consumer finance fees..................................         4,891,500

 

Credit union fees......................................         5,404,000

 

Deferred presentment service transaction fees..........         1,307,400

 

Insurance continuing education fees....................           903,400

 

Insurance licensing and regulation fees................         3,912,600

 

Insurance regulatory fees..............................        19,231,000

 

Multiple employer welfare arrangement..................            72,300

 

Securities fees........................................         2,171,500

 

State general fund/general purpose..................... $              0

 

   Sec. 104. PUBLIC SERVICE COMMISSION

 

   Full-time equated classified positions.......... 170.0

 

Administration, planning and regulation--159.0 FTE

 

   positions............................................ $     21,797,600

 

Energy office--9.0 FTE positions.......................         5,342,100

 

Children's protection registry administration--2.0


 

   FTE positions........................................           271,200

 

GROSS APPROPRIATION.................................... $     27,410,900

 

    Appropriated from:

 

   Federal revenues:

 

DOE-OEERE, multiple grants.............................         4,828,100

 

DOT-RSPA, gas pipeline safety..........................           984,900

 

   Special revenue funds:

 

Private - oil overcharge...............................            30,000

 

Children's protection registry fund....................           271,200

 

Motor carrier fees.....................................         2,220,100

 

Public utility assessments.............................        18,076,600

 

Video franchise assessments............................         1,000,000

 

State general fund/general purpose..................... $              0

 

   Sec. 105. LIQUOR CONTROL COMMISSION

 

   Full-time equated classified positions.......... 152.0

 

Management support services--28.0 FTE positions........ $      3,403,100

 

Liquor licensing and enforcement--124.0 FTE positions..        12,175,000

 

GROSS APPROPRIATION.................................... $     15,578,100

 

    Appropriated from:

 

   Special revenue funds:

 

Liquor license revenue.................................         6,362,200

 

Liquor purchase revolving fund.........................         9,215,900

 

State general fund/general purpose..................... $              0

 

   Sec. 106. MICHIGAN STATE HOUSING DEVELOPMENT

 

AUTHORITY

 

   Full-time equated classified positions.......... 266.0

 

Payments on behalf of tenants.......................... $    140,000,000


Senate Bill No. 234 as amended August 22, 2007

 

Housing and rental assistance program--266.0 FTE

 

   positions............................................   <<37,256,600>>

 

GROSS APPROPRIATION.................................... $ <<177,256,600>>

 

    Appropriated from:

 

   Federal revenues:

 

HUD, lower income housing assistance program...........       140,000,000

 

   Special revenue funds:

 

Michigan state housing development authority fees

 

   and charges..........................................    <<37,256,600>>

 

State general fund/general purpose..................... $              0

 

   Sec. 107. OCCUPATIONAL REGULATION

 

   Full-time equated classified positions.......... 421.0

 

Boiler inspection program--25.0 FTE positions.......... $      2,764,400

 

Fire marshal program--5.0 FTE positions................           448,200

 

Fire fighters training council--8.0 FTE positions......         1,743,400

 

Fire safety program funding--44.0 FTE positions........     <<4,633,200>>

 

Code enforcement--120.0 FTE positions..................        12,328,100

 

Commercial services--156.0 FTE positions...............        17,651,200

 

Elevator inspection program--30.0 FTE positions........         2,938,800

 

Local manufactured housing communities inspections.....           250,000

 

Manufactured housing and land resources

 

   program--22.0 FTE positions..........................         3,191,800

 

Property development group--11.0 FTE positions.........         1,559,400

 

GROSS APPROPRIATION.................................... $ <<47,508,500>>

 

    Appropriated from:

 

IDG from department of community health, inspection

 

   contract.............................................            68,500


Senate Bill No. 234 as amended August 22, 2007

 

IDG from department of state police, homeland security.           754,300

 

FEMA...................................................            28,000

 

DOT....................................................            47,000

 

HHS, titles XVIII and XIX..............................           700,000

 

Accountancy enforcement fund...........................           103,600

 

Boiler fee revenue.....................................         3,166,300

 

Construction code fund.................................        12,222,000

 

Corporation fees.......................................         5,857,900

 

Elevator fees..........................................         3,313,000

 

Fire alarm fees........................................            99,000

 

Fire service fees......................................         1,706,600

 

Homeowner construction lien recovery fund..............         1,537,900

 

Licensing and regulation fees..........................        10,050,100

 

Manufactured housing commission fees...................         2,771,800

 

Michigan boxing fund...................................            45,000

 

Property development fees..............................           272,900

 

Real estate appraiser continuing education fund........            47,000

 

Real estate education fund.............................           272,100

 

Remonumentation fees...................................           709,500

 

Security business fund.................................           314,600

 

State general fund/general purpose..................... $  <<3,421,400>>

 

   Sec. 108. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH

 

ADMINISTRATION

 

   Full-time equated classified positions.......... 229.0

 

Occupational safety and health--229.0 FTE positions.... $      26,198,200

 

GROSS APPROPRIATION.................................... $     26,198,200

 

    Appropriated from:


 

   Federal revenues:

 

DOL, multiple grants for safety and health.............        12,197,000

 

   Special revenue funds:

 

Corporation fees.......................................         2,279,600

 

Fees and collections/asbestos..........................           863,300

 

Licensing and regulation fees..........................         1,174,800

 

Safety education and training fund.....................         7,848,700

 

Securities fees........................................         1,834,800

 

State general fund/general purpose..................... $              0

 

   Sec. 109. BUREAU OF WORKER'S AND UNEMPLOYMENT

 

COMPENSATION

 

   Full-time equated classified positions........ 1,246.0

 

Administration--91.6 FTE positions..................... $      9,896,800

 

Board of magistrates and appellate commission--19.4

 

   FTE positions........................................         3,270,900

 

Wage and hour division--35.0 FTE positions.............         3,090,100

 

Insurance funds administration--28.0 FTE positions.....         4,590,200

 

Supplemental benefit fund..............................           820,000

 

Unemployment programs--1,002.7 FTE positions...........        90,640,500

 

Advocacy assistance program............................         1,500,000

 

Special audit and collections program--34.0 FTE

 

   positions............................................         2,879,700

 

Training program for agency staff--2.1 FTE positions...         1,807,300

 

Expanded fraud control program--33.2 FTE positions.....         3,184,900

 

GROSS APPROPRIATION.................................... $    121,680,400

 

    Appropriated from:

 

   Federal revenues:


 

DOL-ETA, employment and training administration........           677,400

 

DOL-ETA, unemployment insurance........................        93,347,500

 

Federal Reed act funds.................................         4,487,500

 

   Special revenue funds:

 

Corporation fees.......................................         2,346,200

 

Contingent fund, regular penalty and interest account..        10,759,400

 

Licensing and regulation fees..........................           789,700

 

Second injury fund.....................................         2,471,200

 

Securities fees........................................         2,346,900

 

Self-insurers security fund............................         1,168,300

 

Silicosis and dust disease fund........................           950,700

 

Worker's compensation administrative revolving fund....         2,335,600

 

State general fund/general purpose..................... $              0

 

   Sec. 110. STATE OFFICE OF ADMINISTRATIVE HEARINGS

 

AND RULES

 

   Full-time equated classified positions.......... 163.0

 

Administrative hearings and rules--163.0 FTE positions. $      21,788,000

 

GROSS APPROPRIATION.................................... $     21,788,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of community health................         1,704,200

 

IDG from department of corrections.....................         3,801,800

 

IDG from department of education.......................         1,064,200

 

IDG from department of environmental quality...........           522,000

 

IDG from department of human services..................         3,338,000

 

IDG from department of management and budget...........            42,000

 

   Federal revenues:


Senate Bill No. 234 as amended August 22, 2007

 

DOL-ETA, unemployment insurance........................         6,336,700

 

DOL, multiple grants for safety and health.............           202,700

 

   Special revenue funds:

 

Construction code fund.................................           292,900

 

Corporation fees.......................................           365,700

 

Insurance regulatory fees..............................           347,000

 

Licensing and regulation fees..........................         1,074,000

 

Liquor purchase revolving fund.........................           119,800

 

Manufactured housing commission fees...................           143,300

 

Public utility assessments.............................         1,272,800

 

Safety education and training fund.....................           195,600

 

Securities fees........................................           888,600

 

Tax tribunal fees......................................            76,700

 

State general fund/general purpose..................... $              0

 

   Sec. 111. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $ <<42,799,100>>

 

GROSS APPROPRIATION.................................... $ <<42,799,100>>

 

    Appropriated from:

 

   Federal revenues:

 

DOL-ETA, unemployment insurance........................        21,091,700

 

DOL, multiple grants for safety and health.............           273,700

 

Federal revenues.......................................     <<5,877,400>>

 

HHS, temporary assistance for needy families...........           176,300

 

   Special revenue funds:

 

Bank fees..............................................           487,100

 

Boiler fee revenue.....................................           327,200

 

Construction code fund.................................           944,600


 

Consumer finance fees..................................           198,700

 

Corporation fees.......................................         1,797,300

 

Credit union fees......................................           274,600

 

Elevator fees..........................................           259,700

 

Fees and collections/asbestos..........................            11,000

 

Fire service fees......................................           520,700

 

Insurance regulatory fees..............................           711,500

 

Land bank fast track fund..............................           204,500

 

Licensing and regulation fees..........................         1,168,000

 

Liquor purchase revolving fund.........................         3,212,000

 

Manufactured housing commission fees...................            74,200

 

Michigan state housing development authority fees

 

   and charges..........................................         2,038,000

 

Motor carrier fees.....................................           118,600

 

Public utility assessments.............................           890,900

 

Safety education and training fund.....................           352,700

 

Second injury fund.....................................           149,200

 

Securities fees........................................         1,509,200

 

Self-insurers security fund............................            70,100

 

Silicosis and dust disease fund........................            60,200

 

State general fund/general purpose..................... $              0

 

   Sec. 112. WORKFORCE DEVELOPMENT

 

   Full-time equated classified positions.......... 965.5

 

Employment services--246.0 FTE positions............... $     48,523,600

 

Jobs education training pilot--31.0 FTE positions......         9,401,100

 

Jobs education training statewide expansion--62.0

 

   FTE positions........................................        13,476,700


 

Labor market information--52.0 FTE positions...........         6,340,200

 

Michigan rehabilitation services--513.5 FTE positions..        70,737,800

 

Workforce programs administration--61.0 FTE positions..        12,749,400

 

GROSS APPROPRIATION.................................... $    161,228,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of human services..................        22,877,800

 

   Federal revenues:

 

DAG, employment and training...........................           178,700

 

DED-OPSE, multiple grants..............................         1,222,900

 

DED-OSERS, centers for independent living..............            58,200

 

DED-OSERS, rehabilitation long-term training...........           316,900

 

DED-OSERS, rehabilitation services, vocational

 

   rehabilitation of state grants.......................        53,247,500

 

DED-OSERS, state grants for technical related

 

   assistance...........................................            56,000

 

DOL-ETA, workforce investment act......................         7,539,200

 

DOL, federal funds.....................................        48,273,400

 

DOL, ODEP..............................................           225,000

 

HHS-SSA, supplemental security income..................         3,763,300

 

HHS, temporary assistance for needy families...........         3,320,200

 

   Special revenue funds:

 

Private - gifts, bequests, and donations...............           816,000

 

Local revenue..........................................         4,269,600

 

Local vocational rehabilitation match..................         3,054,000

 

Contingent fund, penalty and interest account..........         1,809,900

 

Rehabilitation services fees...........................         1,347,000


Senate Bill No. 234 as amended August 22, 2007

 

Second injury fund.....................................            51,500

 

Student fees...........................................           308,000

 

Training materials fees................................           256,400

 

State general fund/general purpose..................... $      8,237,300

 

   Sec. 113. CAREER EDUCATION PROGRAMS

 

   Full-time equated classified positions....... <<30.0>>

 

<<                                                                   >>

 

Postsecondary education--14.0 FTE positions............         2,691,200

 

Adult education--16.0 FTE positions....................         2,494,300

 

GROSS APPROPRIATION.................................... $  <<5,185,500>>

 

    Appropriated from:

 

   Federal revenues:

 

<<                                                                   >>

 

Federal revenues.......................................     <<3,789,900>>

 

   Special revenue funds:

 

Private occupational school license fees...............           432,800

 

Defaulted loan collection fees.........................           100,000

 

State general fund/general purpose..................... $    <<862,800>>

 

   Sec. 114. DEPARTMENT GRANTS

 

Adult basic education.................................. $     20,000,000

 

Carl D. Perkins grants.................................    <<19,000,000>>

 

Focus: HOPE............................................         5,860,200

 

Gear-up program grants.................................         3,000,000

 

Workforce training programs subgrantees................   <<188,937,800>>

 

Personal assistance services...........................           459,500

 

Vocational rehabilitation client services/facilities...        55,549,500

 

Vocational rehabilitation independent living...........     <<3,079,800>>


Senate Bill No. 234 as amended August 22, 2007

 

Welfare-to-work programs...............................       107,798,600

 

Fire protection grants.................................    <<10,910,500>>

 

Low-income energy efficiency assistance................        80,000,000

 

Liquor law enforcement grants..........................         6,100,000

 

Remonumentation grants.................................        14,000,000

 

Michigan nursing corps.................................               100

 

GROSS APPROPRIATION.................................... $ <<514,696,000>>

 

    Appropriated from:

 

   Federal revenues:

 

DAG, employment and training...........................         7,000,000

 

DED-OESE, gear-up......................................         3,000,000

 

DED-OSERS, centers for independent living..............           450,200

 

DED-OSERS, rehabilitation services, vocational

 

   rehabilitation of state grants.......................        35,797,900

 

DED-OSERS, rehabilitation services facilities..........         2,272,500

 

DED-OSERS, supported employment........................         1,541,300

 

DED-OSERS, state grants for technical related

 

   assistance...........................................         2,240,800

 

DED-OVAE, adult education..............................        20,000,000

 

DED-OVAE, basic grants to states.......................    <<19,000,000>>

 

DOL-ETA, workforce investment act......................   <<181,602,700>>

 

DOL, federal funds.....................................        17,985,100

 

HHS, temporary assistance for needy families...........        72,299,000

 

HHS-SSA, supplemental security income..................         3,480,600

 

   Special revenue funds:

 

Private - gifts, bequests, and donations...............           400,000

 

Local vocational rehabilitation match..................         6,630,500


Senate Bill No. 234 as amended August 22, 2007

 

Local vocational rehabilitation facilities match.......         1,278,300

 

Contingent fund, penalty and interest account..........         1,000,000

 

Low-income energy efficiency fund......................        80,000,000

 

Fire protection fund...................................     <<8,500,000>>

 

Liquor purchase revolving fund.........................     <<2,410,500>>

 

Liquor license revenue.................................         6,100,000

 

Remonumentation fees...................................        14,000,000

 

State general fund/general purpose..................... $ <<27,706,600>>

 

   Sec. 115. BOARDS, AUTHORITIES AND COMMISSIONS

 

   Full-time equated classified positions.......... 168.0

 

MES board of review program--18.0 FTE positions........ $      2,307,500

 

Rights-of-way oversight authority--5.0 FTE positions...           560,500

 

Land bank fast track authority--6.0 FTE positions......         1,431,300

 

Commission on Spanish-speaking affairs--2.0 FTE

 

   positions............................................           251,600

 

Commission on disability concerns--7.0 FTE positions...         1,068,900

 

Commission for the blind--94.0 FTE positions...........        19,830,900

 

Utility consumer representation........................           950,000

 

Youth low vision program...............................           241,800

 

Tax tribunal--15.0 FTE positions.......................         2,006,900

 

Employment relations--21.0 FTE positions...............         3,243,800

 

GROSS APPROPRIATION.................................... $     31,893,200

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        14,992,600

 

DOL-ETA, unemployment insurance........................         2,307,500

 

EEOC, federal funds....................................            10,000


Senate Bill No. 234 as amended August 22, 2007

 

   Special revenue funds:

 

Private revenues.......................................           128,300

 

Local revenues.........................................           521,000

 

Corporation fees.......................................           220,500

 

Land bank fast track funds.............................         1,431,300

 

METRO authority fund...................................           560,500

 

Securities fees........................................         3,533,200

 

State restricted revenues..............................           560,200

 

Tax tribunal fees......................................         1,487,000

 

Utility consumer representation fund...................           950,000

 

State general fund/general purpose..................... $      5,191,100

   <<Sec. 116. BUDGETARY SAVINGS

Budgetary savings...................................... $      (213,700)

GROSS APPROPRIATION.................................... $      (213,700)

   Appropriated from:

State general fund/general purpose.................... . $    (213,700)>>

 

 

 

 

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 <<$420,660,700.00>> and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is <<$51,470,500.00>>. The

 

itemized statement below identifies appropriations from which

 

spending to units of local government will occur:

 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

 

Fire protection grants................................. $ <<10,910,500>>

 

Liquor law enforcement.................................         6,100,000

 

Local manufactured housing inspections.................           250,000


Senate Bill No. 234 as amended August 22, 2007

 

Remonumentation grants.................................        14,000,000

 

Fire fighters training council.........................         1,710,400

 

Welfare to work........................................        18,499,600

 

Total department of labor and economic

 

growth.................................................. $ <<51,470,500>>

 

     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, including the Michigan strategic fund.

 

     (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 equal employment opportunity commission.

 

     (q) "FEMA" means federal emergency management agency.

 

     (r) "Fiscal agencies" means 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 HHS social security administration.

 

     (v) "HUD" means the United States department of housing and

 

urban development.

 

     (w) "IDG" means interdepartmental grant.

 

     (x) "MES" means Michigan employment security.

 

     (y) "MIOSHA" means Michigan occupational safety and health

 

administration.

 

     (z) "SOAHR" means the state office of administrative hearings

 

and rules.

 

     (aa) "Subcommittees" means all members of the subcommittees of

 

the house and senate appropriations committees with jurisdiction

 

over the budget for the department.


Senate Bill No. 234 as amended August 22, 2007                 (1 of 2)

 

     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

 

employees into the classified state civil service or unclassified

 

positions within the executive branch of state government; creating new

 

positions within the classified state civil service or new unclassified

 

positions; and filling new or existing vacant positions by external hire

 

from outside of state government, transfer or promotion between state

 

departments or agencies, or internal promotions within a department or

 

agency. The hiring freeze described in this section applies regardless of

 

the fund source financing the position but does not apply to appointments

 

required by law.

 

     (2) The state budget director may grant exceptions to the hiring

 

freeze if 1 or more of the following apply:

 

     (a) The creation of a position or filling a vacant position by any

 

method is required by legal mandate, federal mandate, or court order.

 

     (b) The creation of a position or filling a vacant position by any

 

method is necessary to protect the health or safety of Michigan citizens.

 

     (c) The creation of a position or filling a vacant position by any

method is necessary to produce budgetary savings or to protect existing state revenue or secure additional state revenue.

     (d) The creation of a position or filling a vacant position by any method is necessary to provide for the basic daily living requirements of residents of a state institution or facility.

     (3) The state budget director shall report quarterly to the chairpersons of the senate and house of representatives standing

committees on appropriations and the respective fiscal agencies the number of exceptions to the hiring freeze approved for each state department or agency during the immediately preceding quarter and the reasons to justify the exception.

     (4) The attorney general and secretary of state may grant exceptions to the hiring freeze for their respective departments under the same criteria that the state budget director is able to grant exceptions.>>

 

     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


Senate Bill No. 234 as amended August 22, 2007

 

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. In addition, preference

 

should be given to goods or services, or both, that are manufactured or

provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.>>

 

     Sec. 210. The director shall take all reasonable steps to

 

ensure that Michigan businesses and businesses in deprived and

 

depressed communities in Michigan 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 Michigan businesses and businesses in

 

depressed and deprived communities for services, supplies, or both.

 

     Sec. 212. The department shall receive and retain copies of

 

all reports funded from appropriations in part 1. The department

 

shall follow federal and state guidelines for short-term and long-

 

term retention of these reports and records.

 

     Sec. 213. From the funds appropriated in part 1 for

 

information technology, the department shall have the authority to

 

issue contracts for information technology projects and services.

 

The director may select the department of information technology or

 

a qualified low bidder to provide information technology services

 

and projects. For services and projects conducted by the department

 

of 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 services or projects conducted by the department of

 

information technology or other qualified low bidder may be

 

designated as work projects and carried forward to support

 

technology projects under the direction of the department. 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. 215. (1) The department shall report no later than April

 

1, 2008 on each specific policy change made to implement enacted

 

legislation to the senate and house appropriations subcommittees on

 

the department budget, the senate and house standing committees on

 

the department budget, the chairperson of the joint committee on

 

administrative rules, and the senate and house fiscal agencies and

 

policy offices.

 

     (2) Funds appropriated in part 1 shall not be used to prepare

 

regulatory plans or promulgate rules that fail to reduce the

 

disproportionate economic impact on small businesses pursuant to

 

section 40 of the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.240.

 

     Sec. 216. It is the intent of the legislature that all revenue

 

sources for funds appropriated in part 1 shall not be aggregated

 

into general categories and shall be specifically identified and

 

detailed as much as possible.


 

     Sec. 217. (1) Due to the current budgetary problems in this

 

state, out-of-state travel shall be limited to situations in which

 

1 or more of the following conditions apply:

 

     (a) The travel is required by legal mandate or court order or

 

for law enforcement purposes.

 

     (b) The travel is necessary to protect the health or safety of

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

     (c) The travel is necessary to produce budgetary savings or to

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

     (e) The travel is necessary to secure specialized training for

 

staff that is not available within this state.

 

     (f) The travel is financed entirely by federal or nonstate

 

funds.

 

     (2) If out-of-state travel is necessary but does not meet 1 or

 

more of the conditions in subsection (1), the state budget director

 

may grant an exception to allow the travel. Any exceptions granted

 

by the state budget director shall be reported on a monthly basis

 

to the house and senate appropriations committees.

 

     (3) Not later than January 1 of each year, each department

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be


 

submitted to the chairs and members of the house and senate

 

appropriations committees, the fiscal agencies, and the state

 

budget director. The report shall include the following

 

information:

 

     (a) The name of each person receiving reimbursement for travel

 

outside this state or whose travel costs were paid by this state.

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

     (d) A brief statement of the reason for each travel

 

occurrence.

 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     (f) A total of all out-of-state travel funded for the

 

immediately preceding fiscal year.

 

     Sec. 219. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     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.


Senate Bill No. 234 as amended August 22, 2007

 

     Sec. 221. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire

 

a person to provide legal services that are the responsibility of

 

the attorney general.

     <<Sec. 222. Appropriation authorization adjustments required due to negative appropriations for budgetary savings shall be made only after the approval of transfers by the legislature under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.>>

 

 

 

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 $155.00

 

$101,001.00 to $1,500,000.00                 $1.60 per $1,000.00

 

$1,500,001.00 to $10,000,000.00              $1.30 per $1,000.00

 

$10,000,001.00 or more                       $1.10 per $1,000.00

 

                                 or a maximum fee of $60,000.00.

 

     Sec. 313. If the revenue collected by the department from

 

licensing and regulation fees 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 office and the subcommittees

 

of the purpose and amount of each grant award.

 

     Sec. 315. The department shall sell documents at a price not

 

to exceed the cost of production and distribution. Money received

 

from the sale of these documents shall revert to the department.

 

The funds are available for expenditure when they are received by

 

the department of treasury and may only be used for costs directly

 

related to the continued updating and distribution of the documents

 

pursuant to this section. This section applies only for the

 

following documents:

 

     (a) Corporation and securities division documents, reports,

 

and papers required or permitted by law pursuant to section 1060(5)

 

of the business corporation act, 1972 PA 284, MCL 450.2060.

 

     (b) The subdivision control manual, the state boundary

 

commission operations manual, and other local government assistance

 

manuals.

 

     (c) The Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1101 to 436.2303.

 

     (d) The mobile home commission act, 1987 PA 96, MCL 125.2301

 

to 125.2349; the business corporation act, 1972 PA 284, MCL

 

450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,

 

MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA

 

265, MCL 451.501 to 451.818.

 

     (e) Labor law books.


 

     (f) Worker's compensation health care services rules.

 

     (g) Construction code manuals.

 

     (h) Copies of transcripts from administrative law hearings.

 

     Sec. 317. The department, MIOSHA, shall provide an annual

 

report by February 1 of each year to the state budget office, the

 

fiscal agencies, and the subcommittees on the number of individuals

 

killed and the number of individuals injured on the job within

 

industries regulated by the bureau during the most recent year for

 

which data are available.

 

     Sec. 319. (1) Of the funds appropriated in part 1, no funds

 

shall be used to support the development and enforcement of, or

 

activities that promote the development and enforcement of,

 

guidelines, standards, protocols, audit procedures, or other

 

similar mandates that place additional measures on professional

 

employment organizations than currently prescribed by statute.

 

     (2) From the funds appropriated in part 1 for the bureau of

 

worker's and unemployment compensation, the department shall

 

allocate funds to administer the current section 22b of the

 

Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.22b.

 

     (3) As used in 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. 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

 

and from private and local sources that is unexpended at the end of

 

the fiscal year may carry forward to the subsequent fiscal year.

 

     Sec. 335. The public service commission shall report by June 1

 

of each year to the subcommittees, the state budget office, and the

 

fiscal agencies on the distribution of funds appropriated in part 1

 

for the low-income/energy efficiency assistance program.

 

     Sec. 336. The department shall provide the subcommittees,

 

fiscal agencies, and state budget director with a report on or

 

before December 1 outlining actual expenditures for the last

 

completed fiscal year for each division within the office of

 

financial and insurance services.

 

     Sec. 337. The department shall not expend funds from the

 

appropriations in part 1 for the office of financial and insurance

 

services for the purpose of implementing prohibitions on the use of

 

credit scoring in establishing insurance premiums by insurance


 

companies until the legislature has, by statute, authorized such a

 

prohibition.

 

     Sec. 340. The office of financial and insurance services shall

 

provide copies of the quarterly and annual financial filings of

 

health maintenance organizations to the fiscal agencies on a timely

 

basis. Reports can be transmitted electronically if available in

 

that format.

 

     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. 355. (1) Of the funds appropriated in part 1, no funds

 

shall be used to support the development of, staffing of, or

 

activities promoting the development of guidelines, rules,

 

standards, protocols, or other similar mandates that are more

 

stringent than federal voluntary ergonomics guidelines. This


 

section does not prohibit any person from adopting, or working with

 

the state to develop, voluntary ergonomics standards.

 

     (2) On March 1, 2008 and September 1, 2008, the department

 

shall provide a report to the fiscal agencies and appropriations

 

subcommittees of any staffing time or activities regarding the

 

development of a voluntary or mandatory, or both, ergonomic

 

standard, whether contained in rules, guidelines, policy

 

directives, or bulletins.

 

     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. From the funds appropriated in part 1 for commercial

 

services, the department shall allocate not more than $50,000.00

 

for the resumption of 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 they 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, $200,000.00 may be used for administration and

 

enforcement of boxing regulation in Michigan.

 

     Sec. 364. The department and MSHDA shall report to the

 

appropriations subcommittees and the fiscal agencies by January 1

 

on the status of the loans entered into by the Michigan broadband

 

development authority.

 

     Sec. 365. From the funds appropriated in part 1 for Michigan

 

occupational safety and health consultation education and training

 

(CET) grants, not less than $40,000.00 shall be allocated to

 

nonprofit organizations representing the aggregate industry in

 

Michigan.

 

     Sec. 366. It is the intent of the legislature to fund the

 

workers' compensation administration with general fund money.

 

     Sec. 368. Funds collected by the department under sections 55,


Senate Bill No. 234 as amended August 22, 2007

 

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 the direction of the state

 

treasurer. Money in the fund at the close of the fiscal year may

 

carry forward to the new fiscal year and be used as the first

 

source of funds in the subsequent fiscal year.

 

     Sec. 370. <<(1)>> MSHDA shall provide a report to the

appropriations

 

subcommittees by December 15 on the cities of promise blight

 

elimination program. The report shall include:

 

     (a) Those cities designated as cities of promise.

 

     (b) The amount awarded to each designated city.

 

     (c) A description of the projects in each designated city.

 

     (d) The amount of private or local funds that were used as

 

match for these projects.

     <<(2) It is the intent of the legislature that MSHDA allocate $750,000.00 from the cities of promise blight elimination program for the city of Saginaw for building demolition.>>

 

     Sec. 371. It is the intent of the legislature to review the

 

services provided by the bureau of fire services to public and

 

state-owned buildings in relation to the existing fire service fee


 

structure included in section 310 of this act.

 

     Sec. 372. (1) The office of financial and insurance services

 

shall report to the legislature, fiscal agencies, and office of the

 

auditor general quarterly, beginning January 1, 2008, with a

 

summary of final decisions or recommendations, or both, rendered by

 

SOAHR administrative law judges, SOAHR administrative law managers,

 

and hearing officers for cases under the jurisdiction of the office

 

of financial and insurance services.

 

     (2) The report shall be organized by case types.

 

     (3) The report shall indicate whether the SOAHR administrative

 

law judge, SOAHR administrative law manager, or hearing officer

 

made a final decision or recommended a decision in favor of the

 

office of financial and insurance services in whole or in part, or

 

if the parties negotiated a settlement. The report shall also

 

delineate if the director agreed or disagreed with the

 

recommendation of the SOAHR administrative law judges, SOAHR

 

administrative law manager, or hearing officer.

 

     (4) The report shall include how long each case took from the

 

date of the original filing until the issuance of a decision or

 

recommendation by the SOAHR administrative law judge, SOAHR

 

administrative law manager, or hearing officer.

 

     Sec. 373. The department shall report by November 1 to the

 

appropriations subcommittees, the fiscal agencies, and the state

 

budget director on the number of employer and employee inquiries by

 

quarter for the fiscal year 2006-2007 concerning changes in the

 

minimum wage as a result of the 2006 amendment to section 4 of the

 

minimum wage law of 1964, 1964 PA 154, MCL 408.384.


Senate Bill No. 234 as amended August 22, 2007

     Sec. 374. Of the funds appropriated in part 1, no funds shall

 

be used to support the development of, staffing of, or activities

 

promoting the development of guidelines, rules, standards,

 

protocols, or other similar mandates that are more stringent than

 

the current voluntary pay guidelines for the workers' compensation

 

agency.

 

     Sec. 375. The public service commission shall implement a

 

process for the low-income energy efficiency fund grants that shall

 

require an application deadline of May 1 and the award

 

announcements on October 1 of each year.

     <<Sec. 376. By November 15, 2007, the liquor control commission, in conjunction with the authorized distribution agents shall submit a report to the house and senate appropriations subcommittees with an estimate on how much state revenue is lost due to spirits being purchased from other states and brought into Michigan for individual consumption or illegal re-sale. The report shall include the estimated cost of increasing the number of law enforcement officers needed to reduce the amount of out-of-state spirits being transported and sold in Michigan illegally.>>

 

WORKFORCE AND CAREER DEVELOPMENT

 

     Sec. 401. The Michigan career and technical institute may

 

receive equipment and in-kind contributions for the direct support

 

of staff services through the Pine Lake fund, the Delton-Kellogg

 

school district or other local or intermediate school district, or

 

any combination of local or intermediate school districts in

 

addition to those authorized in part 1.

 

     Sec. 402. The Michigan rehabilitation service shall make every

 

effort to ensure that all sources of matching funds in this state

 

are used to obtain federal vocational rehabilitation funds. All

 

sources include, but are not limited to, privately raised funds to

 

support public nonprofit rehabilitation centers as permitted by the

 

rehabilitation act of 1973, Public Law 93-112, 29 USC 701 to 718,

 

720 to 751, 760 to 765, 771 to 776, 780 to 785, 791 to 794e, 795 to

 

795n, and 796 to 796l.

 

     Sec. 403. The local match requirements for vocational


 

rehabilitation facilities establishment grants shall not exceed

 

21.3% for the fiscal year ending September 30.

 

     Sec. 404. (1) Of the funds appropriated in part 1 for

 

vocational rehabilitation independent living, all general

 

fund/general purpose revenue not used to match federal funds shall

 

be used for the support of centers for independent living that 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 biennial 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. 410. (1) The department shall make available in person or


 

by telephone a disabled veterans outreach program specialist or

 

local veterans employment representative to each Michigan works!

 

service center 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 34 of the workforce investment act of 1998, 29 USC 2864,

 

whether that individual is a veteran and to refer each veteran to

 

the disabled veterans outreach program specialist or local veterans

 

employment representative on duty at the time.

 

     (4) The department shall require that each Michigan works!

 

service center shall have posted in a conspicuous place within the

 

office a notice advising veterans that a disabled veterans outreach

 

program specialist or a local veterans employment representative is

 

available to assist him or her.

 

     (5) The department shall require each Michigan works! service

 

center to provide free mediated services to employers wishing to

 

hire a veteran.

 

     (6) The department shall continue to make the appropriate

 

placement of veterans and disabled veterans a priority.

 

     Sec. 415. Of the amounts appropriated in part 1 for

 

postsecondary education, private occupational school license fees

 

shall fund related administrative costs of the proprietary schools


 

oversight unit within the department.

 

     Sec. 417. The department is appropriated an amount not to

 

exceed $100,000.00 from collection of defaulted loans under the

 

future faculty program in the Martin Luther King, Jr. - Cesar

 

Chavez - Rosa Parks programs to offset costs of administering the

 

loan collections. Continuation of this program is contingent upon

 

the determination that this program is in compliance with section

 

26 of article I of the state constitution of 1963.

 

     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.

 

Continuation of this program is contingent upon the determination


 

that these programs are in compliance with proposal 06-02.

 

     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 by December 30 of each year,

 

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. Continuation of this program is

 

contingent upon the determination that this program is in

 

compliance with section 26 of article I of the state constitution

 

of 1963.

 

     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

 

allocated 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. It is the intent of the legislature to create a

 

nurse faculty expansion program that includes 2 pilot projects, 1

 

rural and 1 urban. The purpose of the program is to increase

 

classroom capacity and the number of nursing graduates in these

 

areas. It is also the intent of the legislature to review the

 

recommendations made in the report prepared by the Michigan

 

community college association in accordance with 2006 PA 341 in

 

achieving the goal of reducing the nursing shortage in the state.

 

     Sec. 432. Of the funds appropriated in part 1 for the


 

workforce training programs subgrantees, a portion shall be

 

allocated to fund the no worker left behind free tuition program.

 

     Sec. 433. (1) The department shall use all relevant data

 

sources available to compile data on participants in the JET pilot

 

program and the 50% expansion of that program that was implemented

 

January 1, 2007. The report shall include the following:

 

     (a) How many participants were enrolled in training.

 

     (b) How many participants completed training.

 

     (c) How many participants completed training and were employed

 

as a result of that training.

 

     (d) How many cases were closed.

 

     (e) How many cases were referred to Michigan rehabilitation

 

services.

 

     (2) Data collection for the report shall be for the period

 

January 15, 2007 through December 30, 2007.

 

     (3) The report shall be submitted by March 1 to the

 

appropriations subcommittees and the fiscal agencies.

 

     (4) The department shall cooperate with the department of

 

human services in formulating and acquiring the identified data.

 

     (5) The department may retain a third party to conduct the

 

studies to obtain data identified under this section.

 

     Sec. 434. (1) The department shall collaborate with the state

 

board of education, the department of human services, the

 

department of community health, and the department of history,

 

arts, and libraries to extend the duration of the Michigan after-

 

school partnership, and oversee its efforts to implement the policy

 

recommendations and strategic next steps identified in the Michigan


Senate Bill No. 234 as amended August 22, 2007                 (1 of 2)

 

after-school initiative's report of December 15, 2003.

 

     (2) From the funds appropriated in part 1, $25,000.00 may be

 

used to support the Michigan after-school partnership. Funds shall

 

be used to leverage other private and public funding to engage the

 

public and private sectors in building and sustaining high-quality

 

out-of-school-time programs and resources. The cochairs,

 

representing the department, the state board of education, the

 

department of human services, <<the department of history, arts, and

libraries>> and the department of community

 

health shall name a fiduciary agent and may authorize the fiduciary

 

to expend funds and hire people to accomplish the work of the

 

Michigan after-school partnership.

 

     (3) Participation in the Michigan after-school partnership

 

shall be expanded beyond the membership of the initial Michigan

 

after-school initiative to increase the representation of parents,

 

youth, foundations, employers, and others with experience in

 

education, child care, after-school and youth development services,

 

and crime and violence prevention, and to include representation

 

from the department. Each year, on or before December 31, the

 

Michigan after-school partnership shall report its progress in

 

reaching the recommendations set forth in the Michigan after-school

 

initiative's report to the legislature and governor.

 

     Sec. 435. The department shall ensure that school districts

 

and career preparation programs operated by school districts are

 

eligible education providers under the no worker left behind

 

program and programs funded by the federal workforce investment

 

act.

     <<Sec. 436. (1) From the funds appropriated in part 1, the department shall allocate an amount not to exceed $0.00 for a statewide before- or after-school program for children and youth. Before-school programs are limited to school-aged children as defined in 2005 PA 202. This allocation will be distributed via grants to counties based

upon demonstrated need. No single county shall receive any more than 20% of the total allocation and priority for distribution of this funding shall be granted to programs that have secured additional governmental and non-governmental matching funds.

     (2) The department shall share the administrative duties of operating this program with the department of human services, department of community health, department of history, arts and libraries, and the state board of education.

     (3) Funding referenced in subsection (1) shall be reserved for programs that use curriculum focused upon improving academic performance, healthy behavior, including abstinence from abuse of alcohol and illegal drugs.>>