SB-0511, As Passed Senate, September 23, 2007

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 511

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make, supplement, adjust, and consolidate

 

appropriations for various state departments and agencies, the

 

judicial branch, and the legislative branch for the fiscal year

 

ending September 30, 2008; to provide for certain conditions on

 

appropriations; to provide for the expenditure of the

 

appropriations; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

ARTICLE 1

 

DEPARTMENT OF AGRICULTURE

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 


of agriculture for the fiscal year ending September 30, 2008, from

 

the funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

DEPARTMENT OF AGRICULTURE

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 652.0

 

GROSS APPROPRIATION.................................... $    101,814,300

 

   Interdepartmental grant revenues:

 

IDG from MDCH, local public health operations..........         8,878,700

 

IDG from MDEQ, aquifer protection and dispute

 

   resolution...........................................            50,000

 

IDG from MDEQ, biosolids...............................            92,900

 

IDG from MDEQ, MAEAP...................................           159,700

 

IDG from MDEQ, type II well survey.....................            17,200

 

IDG from MDLEG (LCC), liquor quality testing fees......           191,900

 

IDG from MDNR, cervid fees.............................            75,000

 

IDG from MDNR, district forestry and wildlife program..               100

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         9,465,500

 

ADJUSTED GROSS APPROPRIATION........................... $     92,348,800

 

   Federal revenues:

 

DAG, multiple grants...................................        17,152,100

 

EPA, multiple grants...................................         2,356,200

 

HHS-FDA................................................         1,079,100

 

United States department of labor......................           150,000

 

Corporation for national and community services........           253,200

 


Total federal revenues.................................        20,990,600

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Private - commodity group..............................            40,800

 

Private - slow-the-spread foundation...................           147,700

 

Total private revenues.................................           188,500

 

Agricultural preservation fund.........................           900,000

 

Agriculture equine industry development fund...........        12,552,000

 

Agriculture pollution prevention fund..................               100

 

Civil penalties........................................            73,000

 

Commodity inspection fees..............................         1,084,700

 

Gasoline inspection and testing fund...................         2,617,400

 

Freshwater protection fund.............................         5,111,400

 

Horticulture fund......................................            79,500

 

Industry support funds.................................           695,900

 

Intercounty drain fund.................................               100

 

Licensing and inspection fees..........................         6,649,200

 

Migratory labor housing................................            25,000

 

Nonretail liquor fees..................................           678,400

 

Refined petroleum fund.................................         3,520,400

 

State services fee fund................................         9,264,800

 

Testing fees...........................................           434,500

 

Upper Peninsula state fair revenue.....................         1,380,600

 

Consumer and industry food safety education fund.......           260,300

 

Weights and measures regulation fees...................           674,000

 

Total other state restricted revenues..................        46,001,300

 

State general fund/general purpose..................... $     25,168,400

 


   Sec. 102. EXECUTIVE

 

   Full-time equated unclassified positions.......... 6.0

 

Full-time equated classified positions........... 32.0

 

Commission and boards.................................. $         17,800

 

Unclassified positions.................................           354,000

 

Executive direction....................................           317,900

 

Management services--29.5 FTE positions................         2,154,100

 

Emergency management--2.5 FTE positions................           242,300

 

Human resources optimization user charges..............            41,200

 

GROSS APPROPRIATION.................................... $      3,127,300

 

    Appropriated from:

 

   Special revenue funds:

 

Gasoline inspection and testing fund...................            59,700

 

Industry support funds.................................            33,500

 

Nonretail liquor fees..................................             8,800

 

Refined petroleum fund.................................           239,800

 

State services fee fund................................           593,800

 

Upper Peninsula state fair revenue.....................             9,000

 

State general fund/general purpose..................... $      2,182,700

 

   Sec. 103. DEPARTMENTWIDE

 

Rent and building occupancy charges.................... $       1,570,100

 

GROSS APPROPRIATION.................................... $      1,570,100

 

    Appropriated from:

 

   Federal revenues:

 

DAG, multiple grants...................................           113,600

 

EPA, multiple grants...................................            69,300

 

HHS-FDA................................................            14,900

 


   Special revenue funds:

 

Agricultural preservation fund.........................            23,900

 

Freshwater protection fund.............................            10,800

 

Licensing and inspection fees..........................            67,500

 

Nonretail liquor fees..................................             9,000

 

Refined petroleum fund.................................           114,000

 

State services fee fund................................           335,800

 

State general fund/general purpose..................... $        811,300

 

   Sec. 104. FOOD AND DAIRY

 

   Full-time equated classified positions.......... 107.0

 

Food safety and quality assurance--107.0 FTE positions. $     12,209,800

 

Local public health operations.........................         8,878,700

 

GROSS APPROPRIATION.................................... $     21,088,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDCH, local public health operations..........         8,878,700

 

   Federal revenues:

 

DAG, multiple grants...................................            27,000

 

HHS-FDA................................................           380,300

 

   Special revenue funds:

 

Civil penalties........................................            73,000

 

Consumer and industry food safety education fund.......           260,300

 

Licensing and inspection fees..........................         2,479,900

 

State general fund/general purpose..................... $      8,989,300

 

   Sec. 105. ANIMAL INDUSTRY

 

   Full-time equated classified positions........... 48.0

 

Animal health and welfare--21.5 FTE positions.......... $      2,245,800

 


Bovine tuberculosis program--26.5 FTE positions........         5,492,200

 

GROSS APPROPRIATION.................................... $      7,738,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from DNR, cervid fees..............................            75,000

 

   Federal revenues:

 

DAG, multiple grants...................................         1,127,300

 

HHS-FDA................................................            72,800

 

   Special revenue funds:

 

Agriculture equine industry development fund...........         2,183,600

 

Licensing and inspection fees..........................           107,900

 

State general fund/general purpose..................... $      4,171,400

 

   Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT

 

   Full-time equated classified positions.......... 226.8

 

Pesticide and plant pest management--114.8 FTE

 

   positions............................................ $     13,271,900

 

Emerald ash borer control program--112.0 FTE positions.        10,176,300

 

GROSS APPROPRIATION.................................... $     23,448,200

 

    Appropriated from:

 

   Federal revenues:

 

DAG, multiple grants...................................        12,460,900

 

EPA, multiple grants...................................         1,489,500

 

HHS-FDA................................................            68,100

 

   Special revenue funds:

 

Private - slow-the-spread foundation...................           147,700

 

Commodity inspection fees..............................         1,084,700

 

Horticulture fund......................................            79,500

 


Industry support funds.................................           340,300

 

Licensing and inspection fees..........................         3,787,000

 

State general fund/general purpose..................... $      3,990,500

 

   Sec. 107. ENVIRONMENTAL STEWARDSHIP

 

   Full-time equated classified positions........... 35.0

 

Environmental stewardship--20.7 FTE positions.......... $      2,386,200

 

Groundwater and freshwater protection program--8.3

 

   FTE positions........................................         5,211,700

 

Farmland and open space preservation--6.0 FTE

 

   positions............................................           981,600

 

Cooperative resources management initiative program....               100

 

Agriculture pollution prevention program...............         1,000,100

 

Migrant labor housing..................................           175,100

 

Aquifer protection program.............................            50,000

 

GROSS APPROPRIATION.................................... $      9,804,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDEQ, aquifer protection and dispute

 

   resolution...........................................            50,000

 

IDG from MDEQ, biosolids...............................            92,900

 

IDG from MDEQ, MAEAP...................................           159,700

 

IDG from MDEQ, type II well survey.....................            17,200

 

IDG from MDNR, district forestry and wildlife program..               100

 

   Federal revenues:

 

DAG, multiple grants...................................         1,000,000

 

EPA, multiple grants...................................           446,200

 

Corporation for national and community services........           253,200

 


United States department of labor......................           150,000

 

   Special revenue funds:

 

Agricultural preservation fund.........................           875,900

 

Agriculture pollution prevention fund..................               100

 

Freshwater protection fund.............................         5,100,500

 

Intercounty drain fund.................................               100

 

Migratory labor housing................................            25,000

 

State general fund/general purpose..................... $      1,633,900

 

   Sec. 108. LABORATORY PROGRAM

 

   Full-time equated classified positions.......... 147.0

 

Laboratory services--61.5 FTE positions................ $      6,291,700

 

USDA monitoring program--18.0 FTE positions............         2,126,900

 

Consumer protection program--67.5 FTE positions........         5,128,700

 

GROSS APPROPRIATION  ..................................        13,547,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDLEG (LCC), liquor quality testing fees......           189,100

 

   Federal revenues:

 

DAG, multiple grants...................................         2,148,900

 

EPA, multiple grants...................................           351,200

 

HHS-FDA................................................           543,000

 

   Special revenue funds:

 

Gasoline inspection and testing fund...................         2,530,700

 

Licensing and inspection fees..........................            75,000

 

Refined petroleum fund.................................         3,166,600

 

State services fee fund................................           519,700

 

Testing fees...........................................           434,500

 


Weights and measures regulation fees...................           674,000

 

State general fund/general purpose..................... $      2,914,600

 

   Sec. 109. AGRICULTURE DEVELOPMENT

 

   Full-time equated classified positions............ 8.0

 

Agriculture development--5.0 FTE positions............. $        915,100

 

Grape and wine program--3.0 FTE positions..............           716,200

 

Michigan agricultural surplus system...................           480,500

 

GROSS APPROPRIATION.................................... $      2,111,800

 

    Appropriated from:

 

   Federal revenues:

 

DAG, multiple grants...................................           274,400

 

   Special revenue funds:

 

Private - commodity group..............................            40,800

 

Industry support funds.................................           311,100

 

Nonretail liquor fees..................................           660,100

 

State services fee fund................................           350,700

 

State general fund/general purpose..................... $        474,700

 

   Sec. 110. FAIRS AND EXPOSITIONS

 

   Full-time equated classified positions........... 16.5

 

Upper Peninsula state fair--7.0 FTE positions.......... $      1,370,700

 

Fairs, racing and producer security--9.5 FTE positions.         1,148,500

 

Premiums - county and state fairs......................         1,614,000

 

Purses and supplements - fairs/licensed tracks.........         2,370,000

 

Licensed tracks - light horse racing...................           132,000

 

Standardbred breeders' awards..........................           969,000

 

Standardbred purses and supplements - licensed tracks .         1,789,300

 

Standardbred sire stakes...............................           810,000

 


Thoroughbred sire stakes...............................           830,000

 

Standardbred training and stabling.....................            36,000

 

Thoroughbred program...................................         2,400,000

 

Thoroughbred owners' awards............................           124,000

 

Distribution of outstanding winning tickets............           700,000

 

GROSS APPROPRIATION.................................... $     14,293,500

 

    Appropriated from:

 

   Special revenue funds:

 

Agriculture equine industry development fund...........        10,160,300

 

Industry support funds.................................            11,000

 

Licensing and inspection fees..........................           131,900

 

State services fee fund................................         2,619,600

 

Upper Peninsula state fair revenue.....................         1,370,700

 

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

 

   Sec. 111. OFFICE OF RACING COMMISSIONER

 

   Full-time equated classified positions........... 31.7

 

Office of racing commissioner--31.7 FTE positions...... $       3,785,700

 

GROSS APPROPRIATION.................................... $      3,785,700

 

    Appropriated from:

 

   Special revenue funds:

 

State services fee fund................................         3,785,700

 

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

 

   Sec. 112. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $       1,299,100

 

GROSS APPROPRIATION.................................... $      1,299,100

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 


IDG from MDLEG (LCC), liquor quality testing fees......             2,800

 

   Special revenue funds:

 

Agricultural preservation fund.........................               200

 

Agriculture equine industry development fund...........           208,100

 

Gasoline inspection and testing fund...................            27,000

 

Freshwater protection fund.............................               100

 

Nonretail liquor fees..................................               500

 

State services fee fund................................         1,059,500

 

Upper Peninsula state fair revenue.....................               900

 

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 $71,169,700.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $1,700,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF AGRICULTURE

 

Groundwater and freshwater protection program.......... $      1,700,000

 

TOTAL.................................................. $      1,700,000

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 


to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "DAG" means the United States department of agriculture.

 

     (b) "Department" means the department of agriculture.

 

     (c) "Director" means the director of the department.

 

     (d) "EPA" means the United States environmental protection

 

agency.

 

     (e) "FFA" means future farmers of America.

 

     (f) "FTE" means full-time equated.

 

     (g) "HHS-FDA" means the United States department of health and

 

human services - food and drug administration.

 

     (h) "IDG" means interdepartmental grant.

 

     (i) "MAEAP" means the Michigan agriculture environmental

 

assurance program.

 

     (j) "MDCH" means the Michigan department of community health.

 

     (k) "MDEQ" means the Michigan department of environmental

 

quality.

 

     (l) "MDLEG (LCC)" means the Michigan department of labor and

 

economic growth - liquor control commission.

 

     (m) "MDNR" means the Michigan department of natural resources.

 

     (n) "USDA" means the United States department of agriculture.

 

     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. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this article.

 

This requirement shall include transmission of reports via

 

electronic mail to the recipients identified for each reporting

 

requirement and shall include placement of reports on an Internet

 

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 of each department receiving

 

appropriations in part 1 shall take all reasonable steps to ensure

 

businesses in deprived and depressed communities compete for and

 


perform contracts to provide services or supplies, or both. Each

 

director shall strongly encourage firms with which the department

 

contracts to subcontract with certified businesses in depressed and

 

deprived communities for services, supplies, or both.

 

     Sec. 212. (1) Of the funds appropriated in part 1, the

 

department may provide for indemnity as provided for pursuant to

 

the animal industry act, 1988 PA 466, MCL 287.701 to 287.745, not

 

to exceed $100,000.00 per order from any line item for the fiscal

 

year ending September 30, 2008. Before the department provides for

 

an indemnification under this section, the department shall report

 

the reason for the indemnification, the amount of the

 

indemnification, and to whom the indemnification is to be paid. The

 

report shall be given to each member of the house and senate

 

appropriations subcommittees on agriculture and to the senate and

 

house fiscal agencies and the state budget director.

 

     (2) The department of agriculture shall make an

 

indemnification payment for the fair market value of livestock

 

killed by a wolf, coyote, or cougar, if the kill is verified by the

 

department of natural resources. The fair market value of the

 

livestock shall be determined pursuant to the indemnification

 

procedures prescribed in the animal industry act, 1988 PA 466, MCL

 

287.701 to 287.745. In addition to the funds appropriated in part

 

1, the department of agriculture is authorized to expend the funds

 

received from the department of natural resources to reimburse the

 

department of agriculture for all indemnification payments made

 

pursuant to this subsection.

 

     Sec. 214. Of the funds appropriated in part 1 that are other

 


than line-item grants, the department shall not provide grants to

 

local government agencies, institutions of higher education, or

 

nonprofit organizations unless the department provides notice of

 

the grant to the house and senate appropriations subcommittees on

 

agriculture at least 10 days before the grant is issued. The grants

 

shall be used to support research or other related activities for

 

the purpose of enhancing the agricultural industries in this state.

 

     Sec. 219. 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. The user fees shall be subject to provisions

 

of an interagency agreement between the department and the

 

department of information technology.

 

     Sec. 220. 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. 223. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2008 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. 224. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 225. In recognition of the important role it can play in

 

attracting large-scale agricultural events, it is the intent of the

 

legislature that the department of agriculture, in conjunction with

 

interested parties, explore opportunities to expand the facilities

 

and size of the Michigan State University pavilion for agriculture

 

and livestock education.

 

     Sec. 227. On or before April 1, 2008, the department shall

 

provide to the senate and house appropriations subcommittees on

 

agriculture and the senate and house fiscal agencies a summary

 

report on the real and potential return on investment for each of

 

the department's programs.

 

     Sec. 228. 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. 229. (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. 230. 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.

 

 

 

EXECUTIVE

 

     Sec. 301. Per diem rates for commodity committees established

 

in the agriculture commodities marketing act, 1965 PA 232, MCL

 

290.651 to 290.674, 1970 PA 29, MCL 290.421 to 290.430, 1965 PA

 

114, MCL 290.551 to 290.568, and the beef industry commission act,

 

1972 PA 291, MCL 287.601 to 287.610, will be set based upon levels

 

established in section 301 of 2002 PA 516.

 

     Sec. 302. (1) The department may receive and expend revenue

 


and use that revenue to cover necessary expenses related to

 

publications, audit and licensing functions, livestock sales,

 

certification of nursery stock, bean inspection services, and

 

laboratory analyses as specified in the following:

 

     (a) Management services publications.

 

     (b) Management services audit and licensing functions.

 

     (c) Pesticide and plant pest management propagation and

 

certification of virus free foundation stock.

 

     (d) Pesticide and plant pest management bean inspection and

 

grading services.

 

     (e) Laboratory support testing for testing horses in draft

 

horse pulling contests at county fairs when local jurisdictions

 

request state assistance.

 

     (f) Laboratory support analyses to determine foreign

 

substances in horses engaged in racing or pulling contests at

 

tracks.

 

     (g) Laboratory support analyses of food, livestock, and

 

agricultural products for disease, foreign products for disease,

 

toxic materials, foreign substances, and quality standards.

 

     (h) Laboratory support test samples for other agencies and

 

organizations.

 

     (i) Fruit and vegetable inspection at shipping and termination

 

points and processing plants.

 

     (2) The department shall notify the senate and house of

 

representatives appropriations subcommittees on agriculture and the

 

senate and house fiscal agencies 30 days prior to proposing changes

 

in fees authorized under this section or under section 5 of the

 


market conditions act, 1915 PA 91, MCL 285.35.

 

     (3) Annually, before February 1, the department shall provide

 

a report to the senate and house of representatives appropriations

 

subcommittees on agriculture and the senate and house fiscal

 

agencies detailing all the fees charged by the department under the

 

authorization provided in this section, including, but not limited

 

to, rates, number of individuals paying each fee, and the revenue

 

generated by each fee in the previous fiscal year.

 

     Sec. 304. (1) From the funds appropriated in section 108, not

 

less than $3,800,000.00 shall be used for the motor fuel quality

 

program to ensure motor fuel quality and quantity. Notwithstanding

 

the provisions of section 205, the department shall maintain

 

additional field and laboratory staff for the motor fuel quality

 

program.

 

     (2) On or before January 1, 2007 and every 6 months

 

thereafter, the department shall report to the senate and house

 

appropriations subcommittees on agriculture and the senate and

 

house fiscal agencies the results of both complaint-based and

 

random-based inspections, including the number of inspections

 

performed, samples collected, and compliance rates.

 

 

 

FOOD AND DAIRY

 

     Sec. 401. (1) The department shall monitor restaurant

 

inspection and licensing functions carried out by local health

 

departments to ensure uniform application and enforcement of

 

minimum program requirements. On or before April 1, 2008, the

 

department shall report to the senate and house appropriations

 


subcommittees on agriculture, the senate and house fiscal agencies,

 

and the state budget director on local health department

 

conformance with minimum program requirements.

 

     (2) If a local unit of government incurs additional costs

 

resulting from its efforts to control a significant food-borne

 

outbreak, the director shall seek additional resources to reimburse

 

the local unit of government for these additional costs. The

 

director shall involve the local health officer of the jurisdiction

 

affected in all aspects of the control of any food-borne outbreak.

 

     Sec. 402. Not later than April 1, 2008, the department shall

 

provide a report to the house and senate appropriations

 

subcommittees on agriculture and the house and senate fiscal

 

agencies describing significant food-borne outbreaks and

 

emergencies including any enforcement actions taken related to food

 

safety during the 2006-2007 fiscal year.

 

     Sec. 403. The department, in conjunction with the department

 

of community health, shall assure that a process is in place that

 

requires a local unit of government to obtain prior approval from

 

the department before any reallocation or redistribution of program

 

funds appropriated in section 104.

 

     Sec. 404. From the funds appropriated in section 104 for food

 

safety and quality assurance, not less than $150,000.00 from the

 

consumer and industry food safety education fund shall be expended

 

for purposes required under the food act, 2000 PA 92, MCL 289.4117,

 

including the statewide training and education to consumers on food

 

safety and the training and education on food safety to food

 

service establishment employees and department employees and agents

 


who enforce section 4117 of the food act, 2000 PA 92, MCL 289.4117.

 

 

 

ANIMAL INDUSTRY

 

     Sec. 450. From the funds appropriated in section 105 for the

 

bovine tuberculosis program, the department shall reimburse the

 

department of natural resources for those costs associated with

 

monitoring and testing wildlife for bovine tuberculosis that are

 

necessary to support the department goals and are jointly agreed to

 

by the department and the department of natural resources to be in

 

excess of efforts necessary to effectively plan and execute the

 

eradication of bovine tuberculosis from Michigan's wild free-

 

ranging deer herd.

 

     Sec. 451. From the funds appropriated in section 105 for

 

bovine tuberculosis, the department shall pay for all whole herd

 

testing costs and individual animal testing costs in the modified

 

accredited zone to maintain split-state status requirements. These

 

costs include indemnity and compensation for injury causing death

 

or downer to animals.

 

     Sec. 452. The department shall apply for all federal and

 

private funds for which it is eligible that can be used to support

 

the bovine tuberculosis program.

 

     Sec. 454. The department shall use its resources to

 

collaborate with the United States department of agriculture to

 

obtain TB-free status for the area of the Lower Peninsula that is

 

zoned as modified accredited advanced. The department shall also

 

aggressively work toward eradicating bovine TB in the modified

 

accredited zone.

 


     Sec. 455. The department shall prepare a plan to provide for

 

cattle without official identification that may arrive at a

 

saleyard. If an animal arrives untagged at a saleyard without

 

official identification, the saleyard may charge a fee for the tag

 

and for application. The tag may be purchased by and identified to

 

the saleyard. The saleyard shall maintain records for all animals

 

tagged on its premises. The department plan shall be in compliance

 

with the "Michigan Bovine TB Eradication Program - Application for

 

TB Free/Modified Accredited Status", April 2007.

 

     Sec. 456. Of the funds appropriated in part 1, no funds shall

 

be used to enforce the mandatory electronic animal identification

 

program for any domestic animals other than cattle until specific

 

procedures and guidelines for electronic animal identification are

 

outlined in statute.

 

     Sec. 457. On or before October 15, 2007, and on a monthly

 

basis thereafter, the department shall report to the senate and

 

house agriculture committees, the senate and house appropriations

 

subcommittees on agriculture, and the senate and house fiscal

 

agencies on the department's progress toward meeting the USDA

 

requirements as outlined in the March 2007 bovine TB program

 

review. The report shall include, but is not limited to,

 

information and data on: wildlife risk mitigation plan

 

implementation in the modified accredited zone; implementation of a

 

movement certificate process; progress toward annual surveillance

 

test requirements set out in the June 2007 MOU; compliance efforts

 

and rates for animals crossing the Mackinac Bridge; efforts to work

 

with slaughter facilities in Michigan, as well as those that

 


slaughter a significant number of animals from Michigan;

 

educational programs and information for Michigan's livestock

 

community; any other item the legislature should be aware of that

 

will promote or hinder efforts to achieve bovine TB-free status for

 

Michigan.

 

     Sec. 458. It is the intent of the legislature that the

 

reductions in the general fund appropriation in part 1 for animal

 

health and welfare shall not come from the aquaculture program.

 

 

 

LABORATORY SERVICES

 

     Sec. 501. From the appropriation in part 1 for laboratory

 

services, $75,000.00 from the licensing and inspection fees fund

 

shall be used for feed testing.

 

 

 

PESTICIDE AND PLANT PEST MANAGEMENT

 

     Sec. 502. It is the intent of the legislature that reductions

 

in the general fund appropriation in section 1 for pesticide and

 

plant pest management may be partially or completely offset by

 

increases in the commodity inspection fees.

 

 

 

ENVIRONMENTAL STEWARDSHIP

 

     Sec. 603. The department shall apply for all federal funds for

 

which it is eligible that can be used to support the migrant labor

 

housing program.

 

     Sec. 605. From the appropriation in part 1 for technical

 

assistance match, not less than $100.00 shall be used to fund local

 

conservation district technical assistance for individuals with

 


contracts under the 2002 farm bill administered by USDA's natural

 

resources conservation service. Increasing the level of technical

 

assistance will ensure producers can access the federal money

 

available under their individual contracts and quickly put that

 

money to work in Michigan.

 

     Sec. 606. The department shall actively search for all

 

possible funding sources to be used to match federal funds in the

 

USDA environmental quality incentives program.

 

     Sec. 607. It is the intent of the legislature that the

 

reductions in the general fund appropriation  in part 1 for

 

environmental stewardship shall not come from the right-to-farm or

 

MAEAP program.

 

 

 

AGRICULTURE DEVELOPMENT

 

     Sec. 702. In any given year when insufficient amounts of

 

Michigan surplus products are offered to the food bank council and

 

accepted for distribution, unused funds may be applied by the food

 

bank council for the direct purchase of foods from Michigan

 

growers, manufacturers, or wholesalers.

 

     Sec. 703. From the appropriation in part 1 for agriculture

 

development, a grant shall be provided to the northwest Michigan

 

horticultural research station which is limited to an amount equal

 

to resources provided by the organization not to exceed $30,000.00.

 

The grant shall not be used by the administering agency to supplant

 

existing resources dedicated to the northwest Michigan

 

horticultural research station.

 

     Sec. 706. Not later than April 1, 2008, the department shall

 


provide a report to the house and senate appropriations

 

subcommittees on agriculture and the house and senate fiscal

 

agencies describing the department's agriculture development and

 

export market development activities. The report shall identify

 

grants awarded during the prior fiscal year, including a

 

description of federal or private funds made available as a result

 

of department activities.

 

     Sec. 707. In awarding grants from the agricultural development

 

fund created under the Julian-Stille value-added act, 2000 PA 322,

 

MCL 285.302, the department shall give due consideration to the

 

diversity of Michigan agriculture and its economic importance.

 

     Sec. 708. The department is authorized to receive and expend

 

funds appropriated from the agricultural development fund created

 

in section 2 of the Julian-Stille value-added act, 2000 PA 322, MCL

 

285.302.

 

     Sec. 709. (1) Not later than April 1, 2008, the department

 

shall provide a report to the house and senate appropriations

 

subcommittees on agriculture and the house and senate fiscal

 

agencies describing the activities of the grape and wine industry

 

council established under section 303 of the Michigan liquor

 

control act of 1998, 1998 PA 58, MCL 436.1303.

 

     (2) The report shall include all of the following:

 

     (a) Council activities and accomplishments for the previous

 

fiscal year.

 

     (b) Council expenditures for the previous fiscal year by

 

category of administration, industry support, research and

 

education grants, and promotion and consumer education.

 


     (c) Grants awarded during the prior fiscal year and the

 

results of research grant projects completed during the prior

 

fiscal year.

 

     Sec. 710. The department may match external funding for

 

domestic and international marketing programs for the purpose of

 

developing new and enhancing existing export markets for Michigan

 

agricultural products.

 

     Sec. 712. From the appropriation in section 109 for

 

agriculture development, 20 percent of federal funds received

 

through the specialty crop block grant program of the United States

 

department of agriculture shall be used to support the sale of

 

specialty crops at farm markets and agricultural tourism

 

activities.

 

 

 

FAIRS AND EXPOSITIONS

 

     Sec. 801. The department shall submit a report each month to

 

the state budget director, the senate and house appropriations

 

subcommittees on agriculture, and the senate and house fiscal

 

agencies that states the simulcasting revenues generated in the

 

preceding month by each licensed track and the amount received from

 

license fees.

 

     Sec. 802. From the amount appropriated in section 110 for

 

purses and supplements – fairs/licensed tracks, $220,000.00 is to

 

be used for state purse supplements at state licensed pari-mutuel

 

tracks for races comprised only of Michigan-bred horses segregated

 

into a 4-year-old colt trot division, a 4-year-old filly trot

 

division, a 4-year-old colt pace division, and a 4-year-old filly

 


pace division.

 

     Sec. 803. Included in the appropriation made in section 110

 

for the thoroughbred program is $23,500.00 for the Michigan united

 

thoroughbred breeders and owners association to conduct a

 

thoroughbred yearling show. The Michigan united thoroughbred

 

breeders and owners association shall submit to the department an

 

itemized list of expenses showing that the expenses of the yearling

 

show were paid.

 

     Sec. 804. From the funds appropriated in section 110 for

 

thoroughbred owners' awards, awards shall be distributed pursuant

 

to section 20 of the horse racing law of 1995, 1995 PA 279, MCL

 

431.320.

 

     Sec. 805. The department shall notify the senate and house

 

appropriations subcommittees and the fiscal agencies of any planned

 

reductions in appropriations, allocations, or expenditures from the

 

agriculture equine industry development fund no less than 10 days

 

before such reductions are implemented.

 

     Sec. 806. A county fair, district fair, 4-H fair, or state

 

fair receiving funds in section 110 to be used for prizes or

 

awards, in whole or in part, as a condition precedent to the

 

receiving of the funds for those purposes, shall publish the rules

 

relative to the prizes, awards, and deadlines for entries eligible

 

for the funds in their official premium books or lists relative to

 

the prizes or awards. An aggrieved exhibitor may make a written

 

complaint to the fair within 10 days after the fair ends. If the

 

fair has not satisfactorily settled the grievance within 45 days

 

after it is submitted to the fair, the aggrieved person may file

 


the complaint with the department and the department shall

 

investigate the complaint and make a finding of fact regarding the

 

complaint and take appropriate action regarding the complaint.

 

     Sec. 807. Of the amount appropriated in section 110 for purses

 

and supplements - fairs/licensed tracks, a sufficient amount is

 

appropriated to provide for overnight purse supplements pursuant to

 

the horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.

 

     Sec. 808. Of the amount appropriated in section 110 for

 

premiums - county and state fairs, $91,400.00 shall be expended to

 

reimburse up to 75% premiums paid to large livestock and equine

 

exhibitors in shows or exhibitions held by statewide associations

 

as defined by the department. Livestock expositions shall be

 

limited to participation in this program and prohibited from

 

participation in any state-funded premium programs. The Michigan

 

horse show association fall youth show shall be included.

 

     Sec. 809. From the appropriations for premiums - county and

 

state fairs in section 110, $40,000.00 shall be awarded through a

 

competitive grant program to local, regional, or state fairs or

 

youth education programs to promote youth involvement and adult

 

exhibitions in the animal agriculture industry.

 

     Sec. 811. The funds appropriated in section 110 for

 

distribution of outstanding winning tickets are not available for

 

expenditure until they are deposited in the Michigan agriculture

 

equine industry development fund pursuant to section 2 of 1951 PA

 

90, MCL 431.252. These funds shall be expended in accordance with

 

section 2 of 1951 PA 90, MCL 431.252. The department shall provide

 

notice to the house and senate appropriations subcommittees on

 


agriculture at least 10 days before the funds are expended. This

 

notice shall include the amount that each program receives from the

 

outstanding winning ticket revenue deposited in the Michigan

 

agriculture equine industry development fund.

 

 

 

OFFICE OF RACING COMMISSIONER

 

     Sec. 901. The racing commissioner may pay rewards of not more

 

than $5,800.00 to a person who provides information that results in

 

the arrest and conviction on a felony or misdemeanor charge for a

 

crime that involves the horse racing industry. A reward paid

 

pursuant to this section shall be paid out of the office of racing

 

commissioner line item.

 

     Sec. 902. In the event there is no live thoroughbred race meet

 

in 2008, all purse money and program money appropriated for the

 

thoroughbred industry in fiscal year 2007-08 shall be held in

 

escrow for a period not to exceed 18 months, or until a

 

thoroughbred race meet license is applied for and granted by the

 

office of racing commissioner. In the event there is no

 

thoroughbred meet in 2008, the purse pool distribution order to be

 

issued by the office of racing commissioner in 2009 that delineates

 

distribution between the thoroughbred meet that has been held at

 

Great Lakes Downs and the joint thoroughbred/quarterhorse meet held

 

in Mt. Pleasant shall be the same distribution formula as issued in

 

2008, with the thoroughbred portion being held in escrow.

 

 

 

 

 

ARTICLE 2

 

COMMUNITY COLLEGES


 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for community

 

colleges and certain other state purposes relating to education for

 

the fiscal year ending September 30, 2008, from the funds indicated

 

in this part. The following is a summary of the appropriations in

 

this part:

 

COMMUNITY COLLEGES

 

APPROPRIATION SUMMARY:

 

GROSS APPROPRIATION.................................... $    316,039,200

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $    316,039,200

 

   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..................... $    316,039,200

 

   Sec. 102. OPERATIONS

 

Alpena Community College............................... $      4,904,800

 

Bay de Noc Community College...........................         4,949,900

 

Delta College..........................................        13,309,200

 


Glen Oaks Community College............................         2,235,500

 

Gogebic Community College..............................         4,044,400

 

Grand Rapids Community College.........................        16,707,300

 

Henry Ford Community College...........................        20,330,000

 

Jackson Community College..............................        11,235,100

 

Kalamazoo Valley Community College.....................        11,518,600

 

Kellogg Community College..............................         9,037,500

 

Kirtland Community College.............................         2,749,100

 

Lake Michigan College..................................         4,872,600

 

Lansing Community College..............................        28,890,800

 

Macomb Community College...............................        30,847,300

 

Mid Michigan Community College.........................         4,110,400

 

Monroe County Community College........................         4,009,800

 

Montcalm Community College.............................         2,890,000

 

C.S. Mott Community College............................        14,587,500

 

Muskegon Community College.............................         8,292,400

 

North Central Michigan College.........................         2,810,400

 

Northwestern Michigan College..........................         8,455,700

 

Oakland Community College..............................        19,485,000

 

St. Clair County Community College.....................         6,534,700

 

Schoolcraft College....................................        11,393,400

 

Southwestern Michigan College..........................         6,121,100

 

Washtenaw Community College............................        11,689,400

 

Wayne County Community College.........................        15,434,100

 

West Shore Community College...........................         2,135,700

 

One-time supplemental payment..........................        25,759,800

 

GROSS APPROPRIATION.................................... $    309,341,500

 


    Appropriated from:

 

State general fund/general purpose..................... $    309,341,500

 

   Sec. 103. GRANTS

 

At-risk student success program........................ $      3,322,700

 

Renaissance zone tax reimbursement funding.............         3,375,000

 

GROSS APPROPRIATION.................................... $      6,697,700

 

    Appropriated from:

 

State general fund/general purpose..................... $      6,697,700

 

 

 

 

 

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 $316,039,200.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $316,039,200.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

Operations............................................. $    309,341,500

 

At-risk student success program........................         3,322,700

 

Renaissance zone tax reimbursement program.............         3,375,000

 

TOTAL.................................................. $    316,039,200

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 


     Sec. 203. Unless otherwise specified, a community college

 

receiving appropriations in part 1 and the department of labor and

 

economic growth shall use the Internet to fulfill the reporting

 

requirements of this article. This requirement may include

 

transmission of reports via electronic mail to the recipients

 

identified for each reporting requirement or it may include

 

placement of reports on an Internet or Intranet site.

 

     Sec. 208. The department of labor and economic growth shall

 

continue to work collaboratively with community colleges to

 

implement an accelerated entrepreneurship curriculum, including an

 

associate degree, to provide students with the skills and knowledge

 

needed for creating their own businesses.

 

     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 principal executive officer of each community

 

college receiving appropriations in part 1 shall take all

 

reasonable steps to ensure businesses in deprived and depressed

 

communities compete for and perform contracts to provide services

 

or supplies, or both. Each principal executive officer shall

 


strongly encourage firms with which the community college contracts

 

to subcontract with certified businesses in depressed and deprived

 

communities for services or supplies, or both.

 

     Sec. 211. (1) The money appropriated in this article is

 

appropriated for community colleges with fiscal years ending June

 

30, 2008, and, except for the 1-time supplemental payment described

 

in subsection (2), shall be paid out of the state treasury and

 

distributed by the state treasurer to the respective community

 

colleges in 11 monthly installments on the sixteenth of each month,

 

or the next succeeding business day, beginning with October 16,

 

2007. Each community college shall accrue its July and August 2008

 

payments to its institutional fiscal year ending June 30, 2008.

 

However, if a community college fails to submit all verified

 

Michigan community colleges activities classification structure

 

data for school year 2006-2007 to the department of labor and

 

economic growth by November 1, 2007, the monthly installments shall

 

be withheld from that community college until those data are

 

submitted. The amount from the money appropriated in part 1 that is

 

allocated to address the special needs of at-risk students shall be

 

paid in full by the state treasurer by November 1, 2007. The amount

 

distributed to a community college or department shall not exceed

 

the net state allocation authorized by this article.

 

     (2) The funds appropriated in part 1 to community colleges for

 

the 1-time supplemental payment shall be paid out of the state

 

treasury and distributed by the state treasurer to the respective

 

community colleges on October 16, 2007. The payment made to each

 

community college shall be equal to the sum of the delayed payment

 


reduction contained in Executive Order No. 2007-3 and the payment

 

delay reduction contained in section 106 of 2007 PA 17. Each

 

community college shall accrue this payment to its institutional

 

fiscal year ending June 30, 2007.

 

     (3) Except as otherwise provided by law, each of the amounts

 

appropriated shall be used solely for the respective purposes

 

stated in this article. The money appropriated in this article may

 

be used to match the cost of any available programs under the Carl

 

D. Perkins vocational and applied technology education act of 1998,

 

20 USC 2301 to 2415, including local administration.

 

     Sec. 216. (1) A community college shall pay the employer's

 

contributions to the Michigan public school employees' retirement

 

system created by the public school employees retirement act of

 

1979, 1980 PA 300, MCL 38.1301 to 38.1408, as a condition of

 

receiving money appropriated under this article.

 

     (2) A community college shall not pay an employer's

 

contribution to more than 1 retirement fund providing benefits for

 

an employee.

 

     Sec. 217. Money appropriated in part 1 shall not be used to

 

pay for the construction or maintenance of a self-liquidating

 

project. Any construction, renovation, or other capital outlay

 

project that exceeds $2,000,000.00 requires the approval of a use

 

and finance statement by the joint capital outlay subcommittee

 

(JCOS) pursuant to JCOS policy.

 

     Sec. 220. It is the intent of the legislature that the

 

legislature restore the infrastructure, technology, equipment, and

 

maintenance (ITEM) funding provided in previous fiscal years.

 


     Sec. 224. Recognizing the critical importance of education in

 

strengthening Michigan's workforce, the legislature encourages the

 

state's public community colleges to explore ways of increasing

 

collaboration and cooperation with 4-year universities,

 

particularly in the areas related to training, instruction, and

 

program articulation.

 

     Sec. 230. (1) A community college shall not expend money

 

appropriated under this article to provide health care coverage for

 

community college employees or their dependents for abortion

 

services, other than for spontaneous abortion or to prevent the

 

death of the woman upon whom the abortion is performed. A community

 

college shall not approve a collective bargaining agreement or

 

enter into any other employment contract that includes health care

 

coverage for abortion services other than spontaneous abortion or

 

to prevent the death of the woman upon whom the abortion is

 

performed.

 

     (2) If a community college expends money appropriated under

 

this article in violation of subsection (1), the community college

 

shall repay to this state an amount equal to the amount of money

 

spent in violation of subsection (1).

 

     Sec. 231. In light of sections 1, 3, and 4 of 1846 RS 83, MCL

 

551.1, 551.3, and 551.4, and section 1 of 1939 PA 168, MCL 551.271,

 

the legislature intends that a community college receiving funding

 

under this article shall not use part 1 money to extend employee

 

benefits to the unmarried partners of the community college's

 

employees except for pre- and post-natal costs.

 

     Sec. 234. Community colleges shall do the following:

 


     (a) Undertake active measures to promote equal opportunities,

 

eliminate discrimination, and foster a diverse student body and

 

administration among all people including, but not limited to,

 

women, minorities, seniors, veterans, and people with disabilities.

 

     (b) Review, analyze, and eradicate activities that may tend to

 

discriminate.

 

     Sec. 235. It is the intent of the legislature that a workgroup

 

be formed to evaluate, discuss, and make recommendations for future

 

action regarding state university admission and enrollment policies

 

that specifically address the acceptance and application of college

 

credits earned by students through the postsecondary enrollment

 

options act, 1996 PA 160, MCL 388.511 to 388.524. The Michigan

 

community college association may create and administer the

 

workgroup and is encouraged to include members representing

 

university and K-12 school organizations. The workgroup shall

 

submit a report containing its findings and recommendations to the

 

house and senate appropriations subcommittees on community

 

colleges, the house and senate fiscal agencies, and the state

 

budget director by March 1, 2008.

 

     Sec. 239. The legislature intends that any executive or

 

legislative proposal or action, subsequent to the adoption of a

 

recommendation for appropriations for community colleges for the

 

fiscal year ending September 30, 2008, to increase appropriations

 

to state-supported 4-year universities in excess of the governor's

 

original recommendation for the fiscal year ending September 30,

 

2008, will be accompanied by a similar action or proposal for

 

state-supported community colleges.

 


     Sec. 241. It is the intent of the legislature that community

 

colleges expand their current nursing education programs and

 

increase nursing education program enrollments. This expansion may

 

include, but is not limited to, creating partnerships with

 

hospitals and other health care providers, expanding the focus and

 

utilization of the nursing scholarship program, and redirecting

 

existing institutional resources toward nursing education programs.

 

     Sec. 242. It is the intent of the legislature that the

 

Michigan community college association, the legislature, and other

 

interested parties continue the discussion regarding payments in

 

lieu of taxes, especially for those community college districts

 

that contain significant portions of nontaxable land.

 

 

 

STATE AID - OPERATIONS

 

     Sec. 301. Unless otherwise stated, all data items used in

 

determining state aid in this article are as defined in the 2001

 

Manual for Uniform Financial Reporting, Michigan Public Community

 

Colleges, which shall be the basis for reporting data, and the

 

Activities Classification Structure Manual for Michigan Community

 

Colleges, as amended, which shall be used to document financial

 

needs of the community colleges.

 

     Sec. 302. A community college shall not include in the

 

enrollment data reported for determining state aid under this

 

article any student credit hours or student contact hours for a

 

student incarcerated in a Michigan penal institution. Exclusion of

 

these students is intended to avoid the payment of state aid under

 

this article for the same individuals for whom reimbursement is

 


provided by the state correctional system.

 

     Sec. 304. (1) It is the intent of the legislature that the

 

funding formula developed by the performance indicators task force

 

formed pursuant to section 242 of 2005 PA 154 be used for funding

 

distribution in future years and that the data collected and used

 

to generate the activities classification structure databook

 

continue to be collected and maintained.

 

     (2) It is the intent of the legislature that the

 

recommendations and performance measures developed by the

 

performance indicators task force pursuant to section 242 of 2005

 

PA 154 be reviewed and more fully implemented for distribution of

 

state funding to community colleges in future years.

 

 

 

GRANTS

 

     Sec. 401. (1) The community college at-risk student success

 

program is continued. The funding shall be prorated among community

 

colleges based on the number of student contact hours for

 

developmental and preparatory instruction reported by each

 

community college to the department of labor and economic growth

 

pursuant to the Activities Classification Structure Manual for

 

Michigan Community Colleges, as amended. Of the amount appropriated

 

in part 1 for the at-risk student success program, $1,120,000.00 is

 

allocated for base grants of $40,000.00 each, to address the

 

special needs of at-risk students at community colleges.

 

     (2) Of the amount appropriated in part 1 for the at-risk

 

student success program, the balance of the appropriated money

 

shall be distributed on a proration utilizing the sum of the most

 


recent 3 years developmental/preparatory contact hours divided by

 

the sum of the 3-year total contact hours at each college. Each

 

community college's percentage shall be divided by the sum of all

 

the percentages systemwide to obtain each community college's

 

prorated grant amount.

 

     (3) For the fiscal year ending September 30, 2008, the at-risk

 

student success program money is allocated as follows:

 

Alpena Community College............................... $         80,500

 

Bay de Noc Community College...........................            76,600

 

Delta College..........................................            99,400

 

Glen Oaks Community College............................           115,100

 

Gogebic Community College..............................            58,200

 

Grand Rapids Community College.........................           128,700

 

Henry Ford Community College...........................           159,200

 

Jackson Community College..............................           113,800

 

Kalamazoo Valley Community College.....................            91,100

 

Kellogg Community College..............................           167,400

 

Kirtland Community College.............................           129,000

 

Lake Michigan College..................................           155,100

 

Lansing Community College..............................           143,800

 

Macomb Community College...............................            84,300

 

Mid Michigan Community College.........................           147,900

 

Monroe County Community College........................           103,900

 

Montcalm Community College.............................            66,000

 

C.S. Mott Community College............................           105,700

 

Muskegon Community College.............................            81,800

 

North Central Michigan College.........................           116,200

 


Northwestern Michigan College..........................           122,600

 

Oakland Community College..............................           147,500

 

St. Clair Community College............................           110,500

 

Schoolcraft College....................................           128,500

 

Southwestern Michigan College..........................           145,100

 

Washtenaw Community College............................           153,700

 

Wayne County Community College.........................           147,400

 

West Shore Community College...........................           143,700

 

     (4) As used in this article, "at-risk students" means students

 

who meet 1 or more of the following criteria:

 

     (a) Are initially placed in 1 or more developmental courses as

 

a result of standardized testing or as a result of failure to make

 

satisfactory academic progress.

 

     (b) Are diagnosed as learning disabled.

 

     (c) Require English as a second language (ESL) assistance.

 

     (5) Grant funding under this section shall be utilized to

 

address the special needs of at-risk students. Activities related

 

to services provided to at-risk students include, but are not

 

limited to, pretesting for academic ability, counseling contacts,

 

and special programs. Equipment or information technology hardware

 

or software purchased under this section must be associated with

 

the operation of a program designed to address the needs of at-risk

 

students.

 

     (6) Grant funding under this section shall not be used for

 

indirect costs including, but not limited to, rent, utilities, or,

 

except as provided in this section, college administration.

 

     (7) Each community college shall report to the department of

 


labor and economic growth a summary of all accomplishments under,

 

expenditures for, and compliance with the intent of this program,

 

including the number of at-risk students served. The report is

 

subject to audit as provided for in section 502(1). The report

 

shall be submitted not later than 90 days after the end of the

 

state's fiscal year.

 

     Sec. 404. The appropriation in part 1 for renaissance zone

 

reimbursements shall be made to each eligible recipient no later

 

than 60 days after the department of treasury certifies to the

 

state budget director that it has received all necessary

 

information to properly determine the amounts due each eligible

 

recipient under section 12 of the Michigan renaissance zone act,

 

1996 PA 376, MCL 125.2692.

 

 

 

REPORTS AND AUDITS

 

     Sec. 501. The department of labor and economic growth shall

 

publish the activities classification structure data book for

 

Michigan community colleges on or before March 1, 2008, for use by

 

the legislature during budget development for the fiscal year

 

ending September 30, 2009.

 

     Sec. 502. (1) The auditor general or a certified public

 

accountant appointed by the auditor general may conduct performance

 

audits of community colleges as the auditor general considers

 

necessary.

 

     (2) Not more than 60 days after an audit report is released by

 

the office of the auditor general, the principal executive officer

 

of the community college that was audited shall submit to the house

 


and senate appropriations committees, the house and senate fiscal

 

agencies, the department of labor and economic growth, the auditor

 

general, and the state budget director a plan to comply with audit

 

recommendations. The plan shall contain projected dates and

 

resources required, if any, to achieve compliance with the audit

 

recommendations, or a documented explanation of the college's

 

noncompliance with the audit recommendations concerning the matters

 

on which the audited community college and office of the auditor

 

general disagree.

 

     Sec. 504. (1) A community college shall retain certified class

 

summaries, class lists, registration documents, and student

 

transcripts that are consistent with the taxonomy of courses. For

 

each enrollment period during the fiscal year, these certified

 

documents shall identify clearly by course the number of in-

 

district and out-of-district student credit and contact hours. The

 

class summaries and class lists shall be consistent with each other

 

and shall include the course prefix and numbers, course title,

 

course credit and contact hours, credit and contact hours generated

 

by each student, and activity classifications consistent with the

 

taxonomy. An auditable process shall be used by the community

 

college to determine the unduplicated head count for in-district

 

students, out-of-district students, and prisoners for each

 

enrollment period during the fiscal year.

 

     (2) Contracts between the community college and agencies that

 

reimburse the community college for the costs of instruction shall

 

be retained for audit purposes.

 

     Sec. 505. Each community college shall have an annual audit of

 


all income and expenditures performed by an independent auditor and

 

shall furnish the independent auditor's management letter and an

 

annual audited accounting of all general and current funds income

 

and expenditures including audits of college foundations to the

 

members of the senate and house appropriations subcommittees on

 

community colleges, the senate and house fiscal agencies, the

 

auditor general, the department of labor and economic growth, and

 

the state budget director before November 15, 2007. If a community

 

college fails to furnish the audit materials, the monthly state aid

 

installments shall be withheld from that college until the

 

information is submitted. All reporting shall conform to the

 

requirements set forth in the 2001 Manual for Uniform Financial

 

Reporting, Michigan Public Community Colleges.

 

     Sec. 506. (1) Each community college shall report the

 

following to the department of labor and economic growth no later

 

than November 1, 2007:

 

     (a) The number of North American Indian students enrolled each

 

term for the previous fiscal year, using guidelines and procedures

 

developed by the department of labor and economic growth and the

 

Michigan commission on Indian affairs.

 

     (b) The number of Indian tuition waivers granted each term,

 

and the monetary value of the waivers for the previous fiscal year.

 

     (2) Colleges shall use the criteria cited in 1976 PA 174, MCL

 

390.1251 to 390.1253, to determine eligibility for tuition waivers,

 

and shall grant those waivers to individuals who meet the criteria

 

and request tuition waivers.

 

     (3) The department of labor and economic growth shall compile

 


the information received under subsection (1) and shall submit this

 

compilation to the house and senate appropriations subcommittees on

 

community colleges, the senate and house fiscal agencies, and the

 

state budget director by January 7, 2008.

 

     Sec. 507. Upon request, a community college shall inform

 

interested Michigan high schools of the aggregate academic status

 

of its students for the prior academic year, in a manner prescribed

 

by the Michigan community college association and in cooperation

 

with the Michigan association of secondary school principals.

 

     Sec. 508. (1) Each community college shall report to the house

 

and senate fiscal agencies, the state budget director, and the

 

department of labor and economic growth by August 31, 2007, the

 

tuition and mandatory fees paid by a full-time in-district student

 

and a full-time out-of-district student as established by the

 

college governing board for the 2007-2008 academic year. This

 

report should also include the annual cost of attendance based on a

 

full-time course load of 30 credits. Each community college shall

 

also report any revisions to the reported 2007-2008 academic year

 

tuition and mandatory fees adopted by the college governing board

 

to the house and senate fiscal agencies, the state budget director,

 

and the department of labor and economic growth within 15 days of

 

being adopted.

 

     (2) The department of labor and economic growth shall prepare

 

and provide to community colleges a standard format for reporting

 

tuition and fees pursuant to subsection (1).

 

     Sec. 509. (1) Each community college shall report to the

 

department of labor and economic growth the numbers and type of

 


associate degrees and other certificates awarded during the

 

previous fiscal year. The report shall be made not later than

 

November 15, 2007.

 

     (2) The department of labor and economic growth shall compile

 

the information received under subsection (1) and shall submit this

 

compilation to the house and senate appropriations subcommittees on

 

community colleges, the senate and house fiscal agencies, and the

 

state budget director by January 7, 2008.

 

     Sec. 510. A community college receiving funding under this

 

article and also subject to the student right-to-know and campus

 

security act, Public Law 101-542, 104 Stat. 2381, shall make a copy

 

of all material prepared in accordance with the public information

 

reporting requirements under the crime awareness and campus

 

security act of 1990, title II of the student right-to-know and

 

campus security act, Public Law 101-542, 104 Stat. 2384, available

 

in hard copy and electronic format accessible through the Internet

 

for school districts, parents, and students.

 

     Sec. 511. (1) At least 30 days before submission of a new

 

state plan to the United States department of education for

 

approval under the Perkins act, the department of labor and

 

economic growth shall provide copies of the proposed plan to the

 

members of the senate and house appropriations subcommittees on

 

community colleges for their review and comment. Copies of the

 

proposed plan shall be provided to the senate and house fiscal

 

agencies and the state budget director at the same time that they

 

are provided to the senate and house subcommittees.

 

     (2) The Perkins grant application process and content shall be

 


streamlined to the extent possible.

 

     (3) As used in this section, "Perkins act" means the Carl D.

 

Perkins vocational and applied technology education act of 1998, 20

 

USC 2301 to 2415.

 

     Sec. 513. The department of treasury shall annually collect

 

and compile data on the tax revenue losses to community colleges

 

resulting from tax increment financing authorities (TIFA) and tax

 

abatements. The department of treasury shall produce a report

 

detailing the data. The report shall be completed and presented to

 

the house and senate appropriations subcommittees on community

 

colleges, the department of career development, and the department

 

of management and budget not later than March 1, 2008. The report

 

shall include, but is not limited to, the following:

 

     (a) Estimated revenue losses for each community college for

 

the calendar year 2007.

 

     (b) Confirmed revenue losses for each community college for

 

the calendar years 2005 and 2006.

 

     (c) Other requirements requested by the house and senate

 

appropriations subcommittees on community colleges.

 

 

 

 

 

ARTICLE 3

 

DEPARTMENT OF COMMUNITY HEALTH

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 


Senate Bill No. 511 as amended September 23, 2007

 

of community health for the fiscal year ending September 30, 2008,

 

from the funds indicated in this part. The following is a summary

 

of the appropriations in this part:

 

DEPARTMENT OF COMMUNITY HEALTH

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 4,651.0

 

   Average population............................ 1,109.0

 

GROSS APPROPRIATION.................................... $ <<11,630,341,600

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        38,850,900

 

ADJUSTED GROSS APPROPRIATION........................... $ <<11,591,490,700

 

   Federal revenues:

 

Total federal revenues.................................     6,486,398,100

 

   Special revenue funds:

 

Total local revenues...................................       246,671,500

 

TTotal private revenue.................................        65,702,800

 

Merit award trust fund.................................       144,000,000

 

Total other state restricted revenues..................     1,582,584,100

 

State general fund/general purpose..................... $ <<3,066,134,200

 

   Sec. 102. DEPARTMENTWIDE ADMINISTRATION

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 226.5

 

Director and other unclassified--6.0 FTE positions..... $        581,500

 

Departmental administration and management--198.0

 

   FTE positions........................................        23,881,600

 


Office of long term care and supports and

 

   services--18.5 FTE postions..........................         2,713,800

 

Worker's compensation program..........................         9,356,000

 

Human resources optimization user charges..............           285,500

 

Rent and building occupancy............................        10,043,300

 

Developmental disabilities council and

 

   projects--10.0 FTE positions.........................         2,772,200

 

GROSS APPROPRIATION.................................... $     49,633,900

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        14,083,900

 

   Special revenue funds:

 

Total private revenues.................................            76,000

 

Total other state restricted revenues..................         3,500,900

 

State general fund/general purpose..................... $     31,973,100

 

   Sec. 103. MENTAL HEALTH/SUBSTANCE ABUSE SERVICES

 

ADMINISTRATION AND SPECIAL PROJECTS

 

   Full-time equated classified positions.......... 111.0

 

Mental health/substance abuse program

 

   administration--110.0 FTE positions.................. $     13,009,500

 

Consumer involvement program...........................           189,100

 

Gambling addiction--1.0 FTE positions..................         3,500,000

 

Protection and advocacy services support...............           777,400

 

Mental health initiatives for older persons............         1,291,200

 

Community residential and support services.............         2,713,000

 

Highway safety projects................................           400,000

 

Federal and other special projects.....................         3,277,200

 


Senate Bill No. 511 as amended September 23, 2007

 

Family support subsidy.................................        19,036,000

 

Housing and support services...........................         9,306,800

 

Methamphetamine cleanup fund...........................           100,000

 

GROSS APPROPRIATION.................................... $     53,600,200

 

   Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        34,977,400

 

   Special revenue funds:

 

Total private revenues.................................           190,000

 

Total other state restricted revenues..................         3,500,000

 

State general fund/general purpose..................... $     14,932,800

 

   Sec. 104. COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE

 

SERVICES PROGRAMS

 

   Full-time equated classified positions............ 9.5

 

Medicaid mental health services........................ $  1,711,042,700

 

Community mental health non-Medicaid services in

 

   counties with population under 1,500,000.............       213,566,100

 

Community mental health non-Medicaid services in

 

   counties with population over 1,500,000..............        71,000,000

 

Community mental health non-Medicaid services

 

   provided by community mental health authorities

 

   created pursuant to section 205 of the mental

 

   health code, 1974 PA 258, MCL 330.1205, in counties

 

   with population over 1,500,000.......................        35,000,000

 

Medicaid adult benefits waiver.........................        40,000,000

<<Multicultural services................................         5,163,800>>

Medicaid substance abuse services......................        36,378,500

 

Respite services.......................................         1,000,000

 


Senate Bill No. 511 as amended September 23, 2007

 

CMHSP, purchase of state services contracts............       136,239,300

 

Civil service charges..................................         1,499,300

 

Federal mental health block grant--2.5 FTE positions...        15,367,900

 

State disability assistance program substance abuse

 

   services.............................................         2,509,800

 

Community substance abuse prevention, education and

 

   treatment programs...................................        85,268,000

 

Children's waiver home care program....................        19,549,800

 

Omnibus reconciliation act implementation--7.0 FTE

 

   positions............................................        12,367,200

 

Children with serious emotional disturbance waiver.....           570,000

 

GROSS APPROPRIATION.................................... $ <<2,386,522,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................     1,146,324,800

 

   Special revenue funds:

 

Total local revenues...................................        26,072,100

 

Total other state restricted revenues..................       106,765,500

 

State general fund/general purpose..................... $ <<1,107,360,000

 

   Sec. 105. STATE PSYCHIATRIC HOSPITALS, CENTERS FOR

 

PERSONS WITH DEVELOPMENTAL DISABILITIES, AND

 

FORENSIC AND PRISON MENTAL HEALTH SERVICES

 

   Total average population...................... 1,109.0

 

   Full-time equated classified positions........ 2,867.3

 

Caro regional mental health center - psychiatric

 

   hospital - adult--481.3 FTE positions................ $     43,466,600

 

   Average population.............................. 179.0

 


Kalamazoo psychiatric hospital - adult--466.6 FTE

 

   positions............................................        43,120,900

 

   Average population.............................. 186.0

 

Walter P. Reuther psychiatric hospital -

 

   adult--437.3 FTE positions...........................        43,147,800

 

   Average population.............................. 236.0

 

Hawthorn center - psychiatric hospital - children

 

   and adolescents--218.0 FTE positions.................        21,497,600

 

   Average population............................... 74.0

 

Mount Pleasant center - developmental

 

   disabilities--472.7 FTE positions....................        46,936,300

 

   Average population.............................. 209.0

 

Center for forensic psychiatry--475.0 FTE positions....        51,565,900

 

   Average population.............................. 225.0

 

Forensic mental health services provided to the

 

   department of corrections--316.4 FTE positions.......        37,548,900

 

Revenue recapture......................................           750,000

 

IDEA, federal special education........................           120,000

 

Special maintenance and equipment......................           335,300

 

Purchase of medical services for residents of

 

   hospitals and centers................................         2,045,600

 

Severance pay..........................................           216,900

 

Gifts and bequests for patient living and treatment

 

   environment..........................................         1,000,000

 

GROSS APPROPRIATION.................................... $    291,751,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 


Interdepartmental grant from the department of

 

   corrections..........................................        37,548,900

 

   Federal revenues:

 

Total federal revenues.................................        39,520,900

 

   Special revenue funds:

 

CMHSP, purchase of state services contracts............       136,239,300

 

Other local revenues...................................        16,533,500

 

Total private revenues.................................         1,000,000

 

Total other state restricted revenues..................        10,876,700

 

State general fund/general purpose..................... $     50,032,500

 

   Sec. 106. PUBLIC HEALTH ADMINISTRATION

 

   Full-time equated classified positions........... 86.4

 

Public health administration--11.0 FTE positions....... $      1,708,100

 

Minority health grants and contracts--3.0 FTE

 

   positions............................................           791,000

 

Promotion of healthy behaviors.........................         1,000,000

 

Vital records and health statistics--72.4 FTE

 

   positions............................................         7,947,900

 

GROSS APPROPRIATION.................................... $     11,447,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of human

 

   services.............................................           745,300

 

   Federal revenues:

 

Total federal revenues.................................         3,012,100

 

   Special revenue funds:

 

Total private revenues.................................         1,000,000

 


Total other state restricted revenues..................         5,288,100

 

State general fund/general purpose..................... $      1,401,500

 

   Sec. 107. HEALTH POLICY, REGULATION, AND

 

PROFESSIONS

 

   Full-time equated classified positions.......... 417.6

 

Health systems administration--193.6 FTE positions..... $     22,450,400

 

Emergency medical services program state staff--8.5

 

   FTE positions........................................         1,471,900

 

Radiological health administration--21.4 FTE positions.         2,671,600

 

Emergency medical services grants and services--7.0

 

   FTE positions........................................           488,700

 

Health professions--137.0 FTE positions................        17,950,600

 

Background check program...............................         4,474,400

 

Health policy, regulation, and professions

 

   administration--30.7 FTE positions...................         5,538,300

 

Nurse scholarship, education, and research

 

   program--3.0 FTE positions...........................           838,700

 

Certificate of need program administration--14.0 FTE

 

   positions............................................         1,769,300

 

Rural health services--1.0 FTE positions...............         1,703,800

 

Michigan essential health provider.....................         1,847,100

 

Primary care services--1.4 FTE positions...............         1,722,700

 

GROSS APPROPRIATION.................................... $     62,927,500

 

    Appropriated from:

 

Interdepartmental grant revenues:

 

Interdepartmental grant from the department of

 

   treasury, Michigan state hospital finance authority..           116,300

 


   Federal revenues:

 

Total federal revenues.................................        23,742,100

 

   Special revenue funds:

 

Total local revenues...................................           227,700

 

Total private revenues.................................           350,000

 

Total other state restricted revenues..................        30,728,400

 

State general fund/general purpose..................... $      7,763,000

 

   Sec. 108. INFECTIOUS DISEASE CONTROL

 

   Full-time equated classified positions........... 48.8

 

AIDS prevention, testing, and care programs--9.8 FTE

 

   positions............................................ $     37,463,900

 

Immunization local agreements..........................        13,840,300

 

Immunization program management and field

 

   support--15.0 FTE positions..........................         1,648,600

 

Pediatric AIDS prevention and control--1.0 FTE

 

   positions............................................         1,224,800

 

Sexually transmitted disease control local agreements..         3,360,700

 

Sexually transmitted disease control management and

 

   field support--23.0 FTE positions....................         3,676,600

 

GROSS APPROPRIATION.................................... $     61,214,900

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        40,885,600

 

   Special revenue funds:

 

Total private revenues.................................         7,997,900

 

Total other state restricted revenues..................         8,186,500

 

State general fund/general purpose..................... $      4,144,900

 


   Sec. 109. LABORATORY SERVICES

 

   Full-time equated classified positions.......... 122.0

 

Bovine tuberculosis--2.0 FTE positions................. $        500,000

 

Laboratory services--120.0 FTE positions...............        16,026,900

 

GROSS APPROPRIATION.................................... $     16,526,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Interdepartmental grant from the department of

 

   environmental quality................................           440,400

 

   Federal revenues:

 

Total federal revenues.................................         2,794,600

 

   Special revenue funds:

 

Total other state restricted revenues..................         5,652,200

 

State general fund/general purpose..................... $      7,639,700

 

   Sec. 110. EPIDEMIOLOGY

 

   Full-time equated classified positions.......... 135.5

 

AIDS surveillance and prevention program............... $      2,254,100

 

Asthma prevention and control--2.3 FTE positions.......         1,065,000

 

Bioterrorism preparedness--76.1 FTE positions..........        50,953,300

 

Epidemiology administration--42.1 FTE positions........         6,862,100

 

Lead abatement program--7.0 FTE positions..............         2,177,700

 

Newborn screening follow-up and treatment

 

   services--8.0 FTE positions..........................         3,901,300

 

Tuberculosis control and prevention....................           867,000

 

GROSS APPROPRIATION.................................... $     68,080,500

 

    Appropriated from:

 

   Federal revenues:

 


Total federal revenues.................................        61,210,800

 

   Special revenue funds:

 

Total private revenues.................................           255,000

 

Total other state restricted revenues..................         4,363,000

 

State general fund/general purpose..................... $      2,251,700

 

   Sec. 111. LOCAL HEALTH ADMINISTRATION AND GRANTS

 

Implementation of 1993 PA 133, MCL 333.17015........... $         66,500

 

Local public health operations.........................        40,318,400

 

Medical services cost reimbursement to local health

 

   departments..........................................         4,000,000

 

GROSS APPROPRIATION.................................... $     44,384,900

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................         4,000,000

 

   Special revenue funds:

 

Total local revenues...................................         5,150,000

 

State general fund/general purpose..................... $     35,234,900

 

   Sec. 112. CHRONIC DISEASE AND INJURY PREVENTION AND

 

HEALTH PROMOTION

 

   Full-time equated classified positions........... 52.1

 

African-American male health initiative................ $        106,700

 

AIDS and risk reduction clearinghouse and media

 

   campaign.............................................         1,576,000

 

Alzheimer's information network........................            99,500

 

Cancer prevention and control program--13.0 FTE

 

   positions............................................        12,596,600

 

Chronic disease prevention--1.1 FTE positions..........         2,279,400

 


Diabetes and kidney program--9.9 FTE positions.........         1,684,300

 

Health education, promotion, and research

 

   programs--9.3 FTE positions..........................           809,000

 

Public health traffic safety coordination--1.7 FTE

 

   positions............................................           356,400

 

Smoking prevention program--15.1 FTE positions.........         2,032,000

 

Tobacco tax collection and enforcement.................           610,000

 

Violence prevention--2.0 FTE positions.................         1,889,500

 

GROSS APPROPRIATION.................................... $     24,039,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        19,953,400

 

   Special revenue funds:

 

Total private revenues.................................            85,000

 

Total other state restricted revenues..................         2,953,200

 

State general fund/general purpose..................... $      1,047,800

 

   Sec. 113. FAMILY, MATERNAL, AND CHILDREN'S HEALTH

 

SERVICES

 

   Full-time equated classified positions........... 54.4

 

Childhood lead program--6.8 FTE positions.............. $      1,557,500

 

Dental programs........................................           485,400

 

Dental program for persons with developmental

 

   disabilities.........................................           151,000

 

Family, maternal, and children's health services

 

   administration--41.6 FTE positions...................         5,090,300

 

Family planning local agreements.......................       11,635,700

 

Local MCH services.....................................         5,442,600

 


Migrant health care....................................           300,000

 

Pregnancy prevention program...........................         3,102,100

 

Prenatal care outreach and service delivery support....         3,049,300

 

Special projects--6.0 FTE positions....................         6,199,700

 

Sudden infant death syndrome program...................           321,300

 

GROSS APPROPRIATION.................................... $     37,334,900

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        30,614,000

 

   Special revenue funds:

 

Total other state restricted revenues..................         1,774,500

 

State general fund/general purpose..................... $      4,946,400

 

   Sec. 114. WOMEN, INFANTS, AND CHILDREN FOOD AND

 

NUTRITION PROGRAM

 

   Full-time equated classified positions........... 42.0

 

Women, infants, and children program administration

 

   and special projects--42.0 FTE positions............. $      8,452,100

 

Women, infants, and children program local

 

   agreements and food costs............................       183,273,600

 

GROSS APPROPRIATION.................................... $    191,725,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       138,481,800

 

   Special revenue funds:

 

Total private revenues.................................        53,243,900

 

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

 

   Sec. 115. CHILDREN'S SPECIAL HEALTH CARE SERVICES

 


(CSHCS)

 

   Full-time equated classified positions........... 45.0

 

Children's special health care services

 

   administration--45.0 FTE positions................... $      4,523,100

 

Amputee program........................................           184,600

 

Bequests for care and services.........................         1,889,100

 

Outreach and advocacy..................................         3,773,500

 

Nonemergency medical transportation....................         1,401,100

 

Medical care and treatment.............................       188,648,900

 

GROSS APPROPRIATION.................................... $    200,420,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        99,530,900

 

   Special revenue funds:

 

Total private revenues.................................         1,000,000

 

Total other state restricted revenues..................         2,210,000

 

State general fund/general purpose..................... $     97,679,400

 

   Sec. 116. OFFICE OF DRUG CONTROL POLICY

 

   Full-time equated classified positions........... 16.0

 

Drug control policy--16.0 FTE positions................ $      1,597,000

 

Anti-drug abuse grants.................................         9,810,100

 

Interdepartmental grant to judiciary for drug

 

   treatment courts.....................................         1,800,000

 

GROSS APPROPRIATION.................................... $     13,207,100

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        11,649,900

 


State general fund/general purpose..................... $      1,557,200

 

   Sec. 117. CRIME VICTIM SERVICES COMMISSION

 

   Full-time equated classified positions........... 10.0

 

Grants administration services--10.0 FTE positions..... $      1,277,100

 

Justice assistance grants..............................        13,000,000

 

Crime victim rights services grants....................        11,000,000

 

Crime victim's rights fund revenue to Michigan state

 

   police...............................................         1,027,300

 

Crime victim's rights fund revenue to department of

 

   human services.......................................         1,300,000

 

GROSS APPROPRIATION.................................... $     27,604,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        14,998,600

 

   Special revenue funds:

 

Total other state restricted revenues..................        12,605,800

 

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

 

   Sec. 118. OFFICE OF SERVICES TO THE AGING

 

   Full-time equated classified positions........... 36.5

 

Commission (per diem $50.00)........................... $         10,500

 

Office of services to aging administration--36.5 FTE

 

   positions............................................         5,347,500

 

Community services.....................................        35,204,200

 

Nutrition services.....................................        37,708,500

 

Foster grandparent volunteer program...................         2,813,500

 

Retired and senior volunteer program...................           790,200

 

Senior companion volunteer program.....................         2,021,200

 


Employment assistance..................................         2,818,300

 

Respite care program...................................         6,800,000

 

GROSS APPROPRIATION.................................... $     93,513,900

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        52,830,000

 

   Special revenue funds:

 

Total private revenues.................................           105,000

 

Merit award trust fund.................................         5,000,000

 

Total other state restricted revenues..................         1,800,000

 

State general fund/general purpose..................... $     33,778,900

 

   Sec. 119. MICHIGAN FIRST HEALTHCARE PLAN

 

Michigan first healthcare plan......................... $     100,000,000

 

GROSS APPROPRIATION.................................... $    100,000,000

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       100,000,000

 

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

 

   Sec. 120. MEDICAL SERVICES ADMINISTRATION

 

   Full-time equated classified positions.......... 370.4

 

Medical services administration--370.4 FTE positions... $     68,928,900

 

Facility inspection contract...........................           132,800

 

MIChild administration.................................         4,327,800

 

Health information technology initiatives..............        10,000,000

 

GROSS APPROPRIATION.................................... $     83,389,500

 

    Appropriated from:

 

   Federal revenues:

 


Total federal revenues.................................        58,317,900

 

State general fund/general purpose..................... $     25,071,600

 

   Sec. 121. MEDICAL SERVICES

 

Hospital services and therapy.......................... $  1,209,851,700

 

Hospital disproportionate share payments...............        50,000,000

 

Physician services.....................................       308,821,200

 

Medicare premium payments..............................       346,510,900

 

Pharmaceutical services................................       289,925,100

 

Home health services...................................        26,625,000

 

Hospice services.......................................        64,104,700

 

Transportation.........................................        10,653,200

 

Auxiliary medical services.............................        27,330,800

 

Dental services........................................       100,922,300

 

Ambulance services.....................................        12,530,300

 

Long-term care services................................     1,570,238,300

 

Medicaid home and community-based services waiver......       116,595,600

 

Adult home help services...............................       224,001,800

 

Personal care services.................................        25,786,300

 

Program of all-inclusive care for the elderly..........        11,200,000

 

Single point of entry..................................        14,724,200

 

Health plan services...................................     2,541,503,600

 

MIChild program........................................        38,654,300

 

Plan first family planning waiver......................        27,109,000

 

Medicaid adult benefits waiver.........................       129,284,900

 

County indigent care and third share plans.............        88,518,500

 

Federal Medicare pharmaceutical program................       186,001,600

 

Promotion of healthy behavior waiver...................        10,000,000

 


Maternal and child health..............................        20,279,500

 

Social services to the physically disabled.............         1,344,900

 

Subtotal basic medical services program................     7,452,517,700

 

School-based services..................................        83,427,700

 

Special Medicaid reimbursement.........................       243,995,400

 

Subtotal special medical services payments.............       327,423,100

 

GROSS APPROPRIATION.................................... $  7,779,940,800

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................     4,569,821,000

 

   Special revenue funds:

 

Total local revenues...................................        62,448,900

 

Total private revenues.................................           400,000

 

Merit award trust fund.................................       139,000,000

 

Total other state restricted revenues..................     1,379,277,100

 

State general fund/general purpose..................... $  1,628,993,800

 

   Sec. 122. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $     33,075,500

 

Michigan Medicaid information system...................               100

 

GROSS APPROPRIATION.................................... $     33,075,600

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        19,648,400

 

   Special revenue funds:

 

Total other state restricted revenues..................         3,102,200

 

State general fund/general purpose..................... $     10,325,000

 

 

 


Senate Bill No. 511 as amended September 23, 2007

 

 

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 <<$4,932,214,900.00>> and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $1,289,592,400.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF COMMUNITY HEALTH

 

MENTAL HEALTH/SUBSTANCE ABUSE SERVICES ADMINISTRATION

 

AND SPECIAL PROJECTS

 

Community residential and support services............. $        387,300

 

Housing and support services...........................           695,500

 

Mental health initiatives for older persons............         1,049,200

 

COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES PROGRAMS

 

State disability assistance program substance

 

    abuse services...................................... $      2,509,800

 

Community substance abuse prevention, education, and

 

    treatment programs..................................        37,190,600

 

Medicaid mental health services........................       701,584,300

 

Community mental health non-Medicaid services..........       320,066,100

 

Medicaid adult benefits waiver.........................        11,732,000

 

Multicultural services.................................         5,163,800

 

Medicaid substance abuse services......................        15,242,600

 


Respite services.......................................         1,000,000

 

Children's waiver home care program....................         5,734,000

 

Omnibus budget reconciliation act implementation.......         2,950,500

 

State psychiatric hospitals, centers for persons with

 

developmental disabilities, and forensic and prison

 

mental health services

 

Center for forensic psychiatry......................... $        290,300

 

Public health administration

 

Minority health grants and contracts................... $        100,000

 

INFECTIOUS DISEASE CONTROL

 

AIDS prevention, testing and care programs............. $        742,200

 

Immunization local agreements..........................         2,132,000

 

Sexually transmitted disease control local agreements..           421,800

 

LABORATORY SERVICES

 

Laboratory services.................................... $         55,400

 

LOCAL HEALTH ADMINISTRATION AND GRANTS

 

Implementation of 1993 PA 133.......................... $          7,700

 

Local public health operations.........................        35,468,400

 

CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION

 

Cancer prevention and control program.................. $        350,000

 

Diabetes and kidney program............................           345,600

 

Smoking prevention program.............................         1,014,500

 

FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES

 

Childhood lead program................................. $        136,500

 

Dental programs........................................            25,000

 

Family planning local agreements.......................           360,000

 

Local MCH services.....................................           246,100

 


Pregnancy prevention program...........................         2,300,000

 

Prenatal care outreach and service delivery support....           650,100

 

School health and education programs...................           500,000

 

Special projects.......................................           378,900

 

CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

Medical care and treatment............................. $        528,800

 

Outreach and advocacy..................................         1,283,200

 

MEDICAL SERVICES

 

Long-term care services................................ $     79,760,400

 

Transportation.........................................         2,549,300

 

Medicaid adult benefits waiver.........................         9,573,500

 

Hospital services and therapy..........................         4,175,700

 

Physician services.....................................         7,879,400

 

Auxiliary medical services.............................         2,061,700

 

OFFICE OF SERVICES TO THE AGING

 

Community services..................................... $     14,854,300

 

Nutrition services.....................................        11,447,300

 

Foster grandparent volunteer program...................           791,700

 

Retired and senior volunteer program...................           181,300

 

Senior companion volunteer program.....................           241,400

 

Respite care program...................................         3,427,400

 

CRIME VICTIM SERVICES COMMISSION

 

Crime victim rights services grants.................... $          6,800

 

TOTAL OF PAYMENTS TO LOCAL UNITS

 

OF GOVERNMENT.......................................... $ 1,289,592,400

 

     Sec. 202. (1) The appropriations authorized under this article

 

are subject to the management and budget act, 1984 PA 431, MCL

 


18.1101 to 18.1594.

 

     (2) Funds for which the state is acting as the custodian or

 

agent are not subject to annual appropriation.

 

     Sec. 203. As used in this article:

 

     (a) "AIDS" means acquired immunodeficiency syndrome.

 

     (b) "CMHSP" means a community mental health services program

 

as that term is defined in section 100a of the mental health code,

 

1974 PA 258, MCL 330.1100a.

 

     (c) "Department" means the Michigan department of community

 

health.

 

     (d) "DSH" means disproportionate share hospital.

 

     (e) "EPSDT" means early and periodic screening, diagnosis, and

 

treatment.

 

     (f) "FTE" means full-time equated.

 

     (g) "GME" means graduate medical education.

 

     (h) "Health plan" means, at a minimum, an organization that

 

meets the criteria for delivering the comprehensive package of

 

services under the department's comprehensive health plan.

 

     (i) "HIV/AIDS" means human immunodeficiency virus/acquired

 

immune deficiency syndrome.

 

     (j) "HMO" means health maintenance organization.

 

     (k) "IDEA" means individuals with disabilities education act.

 

     (l) "IDG" means interdepartmental grant.

 

     (m) "MCH" means maternal and child health.

 

     (n) "MIChild" means the program described in section 1670.

 

     (o) "MSS/ISS" means maternal and infant support services.

 

     (p) "PIHP" means a specialty prepaid inpatient health plan for

 


Medicaid mental health services, services to persons with

 

developmental disabilities, and substance abuse services as

 

described in section 232b of the mental health code, 1974 PA 258,

 

MCL 330.1232b.

 

     (q) "Title XVIII" means title XVIII of the social security

 

act, 42 USC 1395 to 1395hhh.

 

     (r) "Title XIX" means title XIX of the social security act, 42

 

USC 1396 to 1396v.

 

     (s) "Title XX" means title XX of the social security act, 49

 

USC 1397 to 1397f.

 

     (t) "WIC" means women, infants, and children supplemental

 

nutrition program.

 

     Sec. 204. The department of civil service shall bill the

 

department 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 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 loss of revenue to the

 

state, result in the inability of the state to receive federal

 

funds, or would necessitate additional expenditures that exceed any

 

savings from maintaining the vacancy. The state budget director

 

shall report quarterly to the chairpersons of the senate and house

 

of representatives standing committees on appropriations the number

 

of exceptions to the hiring freeze approved during the previous

 

quarter and the reasons to justify the exception.

 

     Sec. 208. The department shall use the Internet to fulfill the

 

reporting requirements of this article. 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. (1) Funds appropriated in part 1 shall not be used

 

for the purchase of foreign goods or services, or both, if

 

competitively priced and comparable quality American goods or

 

services, or both, are available.

 

     (2) Funds appropriated in part 1 shall not be used for the

 

purchase of out-of-state goods or services, or both, if

 

competitively priced and comparable quality Michigan goods or

 

services, or both, are available.

 

     (3) The department shall report quarterly to the senate and

 

house appropriations subcommittees on community health and the

 

senate and house fiscal agencies any purchase of goods or services,

 

or both, valued over $10,000.00 from out-of-state or foreign-based

 

firms. Each violation of subsection (1) or (2) shall result in a

 

$50,000.00 reduction in the departmental administration and

 


management line.

 

     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. (1) If the revenue collected by the department from

 

fees and collections exceeds the amount appropriated in part 1, the

 

revenue may be carried forward with the approval of the state

 

budget director 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.

 

     (2) The department shall provide a report to the senate and

 

house appropriations subcommittees on community health and the

 

senate and house fiscal agencies on the balance of each of the

 

restricted funds administered by the department as of September 30,

 

2008.

 

     Sec. 212. (1) From the amounts appropriated in part 1, no

 

greater than the following amounts are supported with federal

 

maternal and child health block grant, preventive health and health

 

services block grant, substance abuse block grant, healthy Michigan

 

fund, and Michigan health initiative funds:

 

     (a) Maternal and child health block grant.......... $    19,953,100

 

     (b) Preventive health and health services

 

block grant.............................................        3,670,800

 

     (c) Substance abuse block grant....................       60,627,400

 


     (d) Healthy Michigan fund..........................       41,827,600

 

     (e) Michigan health initiative.....................       10,525,600

 

     (2) On or before February 1, 2008, the department shall report

 

to the house of representatives and senate appropriations

 

subcommittees on community health, the house and senate fiscal

 

agencies, and the state budget director on the detailed name and

 

amounts of federal, restricted, private, and local sources of

 

revenue that support the appropriations in each of the line items

 

in part 1 of this article.

 

     (3) Upon the release of the fiscal year 2008-2009 executive

 

budget recommendation, the department shall report to the same

 

parties in subsection (2) on the amounts and detailed sources of

 

federal, restricted, private, and local revenue proposed to support

 

the total funds appropriated in each of the line items in part 1 of

 

the fiscal year 2008-2009 executive budget proposal.

 

     (4) The department shall provide to the same parties in

 

subsection (2) all revenue source detail for consolidated revenue

 

line item detail upon request to the department.

 

     Sec. 213. The state departments, agencies, and commissions

 

receiving tobacco tax funds from part 1 shall report by April 1,

 

2008, to the senate and house of representatives appropriations

 

committees, the senate and house fiscal agencies, and the state

 

budget director on the following:

 

     (a) Detailed spending plan by appropriation line item

 

including description of programs.

 

     (b) Description of allocations or bid processes including need

 

or demand indicators used to determine allocations.

 


     (c) Eligibility criteria for program participation and maximum

 

benefit levels where applicable.

 

     (d) Outcome measures to be used to evaluate programs.

 

     (e) Any other information considered necessary by the house of

 

representatives or senate appropriations committees or the state

 

budget director.

 

     Sec. 214. The use of state-restricted tobacco tax revenue

 

received for the purpose of tobacco prevention, education, and

 

reduction efforts and deposited in the healthy Michigan fund shall

 

not be used for lobbying as defined in 1978 PA 472, MCL 4.411 to

 

4.431, and shall not be used in attempting to influence the

 

decisions of the legislature, the governor, or any state agency.

 

     Sec. 215. (1) The department shall report no later than March

 

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

 

legislation to the senate and house appropriations subcommittees on

 

community health, the senate and house standing committees on

 

health policy, the chairperson of the joint committee on

 

administrative rules, the senate and house fiscal agencies, and the

 

senate and house 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. (1) In addition to funds appropriated in part 1 for

 

all programs and services, there is appropriated for write-offs of

 

accounts receivable, deferrals, and for prior year obligations in

 


excess of applicable prior year appropriations, an amount equal to

 

total write-offs and prior year obligations, but not to exceed

 

amounts available in prior year revenues.

 

     (2) The department's ability to satisfy appropriation

 

deductions in part 1 shall not be limited to collections and

 

accruals pertaining to services provided in the current fiscal

 

year, but shall also include reimbursements, refunds, adjustments,

 

and settlements from prior years.

 

     (3) The department shall report by March 15, 2008 to the house

 

of representatives and senate appropriations subcommittees on

 

community health on all reimbursements, refunds, adjustments, and

 

settlements from prior years.

 

     Sec. 218. Basic health services for the purpose of part 23 of

 

the public health code, 1978 PA 368, MCL 333.2301 to 333.2321, are:

 

immunizations, communicable disease control, sexually transmitted

 

disease control, tuberculosis control, prevention of gonorrhea eye

 

infection in newborns, screening newborns for the 8 conditions

 

listed in section 5431(1)(a) through (h) of the public health code,

 

1978 PA 368, MCL 333.5431, community health annex of the Michigan

 

emergency management plan, and prenatal care.

 

     Sec. 219. (1) The department may contract with the Michigan

 

public health institute for the design and implementation of

 

projects and for other public health related activities prescribed

 

in section 2611 of the public health code, 1978 PA 368, MCL

 

333.2611. The department may develop a master agreement with the

 

institute to carry out these purposes for up to a 3-year period.

 

The department shall report to the house of representatives and

 


senate appropriations subcommittees on community health, the house

 

and senate fiscal agencies, and the state budget director on or

 

before November 1, 2007 and May 1, 2008 all of the following:

 

     (a) A detailed description of each funded project.

 

     (b) The amount allocated for each project, the appropriation

 

line item from which the allocation is funded, and the source of

 

financing for each project.

 

     (c) The expected project duration.

 

     (d) A detailed spending plan for each project, including a

 

list of all subgrantees and the amount allocated to each

 

subgrantee.

 

     (2) On or before September 30, 2008, the department shall

 

provide to the same parties listed in subsection (1) a copy of all

 

reports, studies, and publications produced by the Michigan public

 

health institute, its subcontractors, or the department with the

 

funds appropriated in part 1 and allocated to the Michigan public

 

health institute.

 

     Sec. 220. All contracts with the Michigan public health

 

institute funded with appropriations in part 1 shall include a

 

requirement that the Michigan public health institute submit to

 

financial and performance audits by the state auditor general of

 

projects funded with state appropriations.

 

     Sec. 223. The department of community health may establish and

 

collect fees for publications, videos and related materials,

 

conferences, and workshops. Collected fees shall be used to offset

 

expenditures to pay for printing and mailing costs of the

 

publications, videos and related materials, and costs of the

 


workshops and conferences. The costs shall not exceed fees

 

collected.

 

     Sec. 248. The department shall allow ambulatory surgery

 

centers in this state to fully participate in the Medicaid program

 

by January 1, 2008. Ambulatory surgery centers that provide

 

services to Medicaid-eligible patients shall be reimbursed in the

 

same manner as hospitals. The reimbursement schedule for ambulatory

 

surgery centers shall be developed and implemented in consultation

 

with the industry and shall be provided to the senate and house

 

appropriations subcommittees on the department of community health

 

and the senate and house fiscal agencies by November 1, 2007.

 

     Sec. 259. 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. 260. 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. 261. Funds appropriated in part 1 for the Medicaid

 

management information system upgrade are contingent upon approval

 

of an advanced planning document from the centers for Medicare and

 


Medicaid services. If the necessary matching funds are identified

 

and legislatively transferred to this line item, the corresponding

 

federal Medicaid revenue shall be appropriated at a 90/10

 

federal/state match rate. This appropriation may be designated as a

 

work project and carried forward to support completion of this

 

project.

 

     Sec. 264. (1) Upon submission of a Medicaid waiver, a Medicaid

 

state plan amendment, or a similar proposal to the centers for

 

Medicare and Medicaid services, the department shall notify the

 

house and senate appropriations subcommittees on community health

 

and the house and senate fiscal agencies of the submission.

 

     (2) The department is required to report within 15 days after

 

initial contact to the senate and house appropriations

 

subcommittees on community health and the senate and house fiscal

 

agencies of any formal or informal discussions with the centers for

 

Medicare and Medicaid services or the federal department of health

 

and human services regarding the structure of any future Medicaid

 

waiver application.

 

     Sec. 265. The departments and agencies receiving

 

appropriations in part 1 shall receive and retain copies of all

 

reports funded from appropriations in part 1. Federal and state

 

guidelines for short-term and long-term retention of records shall

 

be followed.

 

     Sec. 266. (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 of representatives and senate standing committees on

 

appropriations.

 

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

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

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

 

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

 

submitted to the chairs and members of the house of representatives

 

and senate standing committees on appropriations, 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. 267. A department or state agency shall not take

 

disciplinary action against an employee for communicating with a

 

member of the legislature or his or her staff.

 

     Sec. 269. The amount appropriated in part 1 for medical

 

services pharmaceutical services includes funds to cover

 

reimbursement of mental health medications under the Medicaid

 

program. Reimbursement procedures for mental health medications

 

shall be the same as those that were followed in fiscal year 2005-

 

2006, and utilization procedures for such medications shall adhere

 

to section 1625, the department's fiscal year 2006-2007 contract

 

with Medicaid health plans, and section 109h of the social welfare

 

act, 1939 PA 280, MCL 400.109h.

 

     Sec. 270. Within 30 days after receipt of the notification

 


from the attorney general's office of a legal action in which

 

expenses had been recovered pursuant to section 106(4) of the

 

social welfare act, 1939 PA 280, MCL 400.106, or any other statute

 

under which the department has the right to recover expenses, the

 

department shall submit a written report to the house of

 

representatives and senate appropriations subcommittees on

 

community health, the house and senate fiscal agencies, and the

 

state budget office which includes, at a minimum, all of the

 

following:

 

     (a) The total amount recovered from the legal action.

 

     (b) The program or service for which the money was originally

 

expended.

 

     (c) Details on the disposition of the funds recovered such as

 

the appropriation or revenue account in which the money was

 

deposited.

 

     (d) A description of the facts involved in the legal action.

 

     Sec. 271. The department shall provide the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies information on any contracts that will expire

 

in fiscal year 2007-2008. This report shall be provided by March 1,

 

2008.

 

     Sec. 272. (1) The department shall establish a committee

 

composed of members of each house of the legislature and

 

representatives of the department of community health. The

 

committee shall identify necessary modifications in current law,

 

payment methodology, and department policy that will permit greater

 

consolidation of local provision of necessary medical supports and

 


services. This committee shall specifically address all of the

 

following:

 

     (a) Program changes to encourage greater consolidation of

 

local public health departments into district health departments.

 

     (b) Program changes to encourage greater consolidation of

 

CMHSPs across communities.

 

     (c) Program changes to encourage greater incorporation between

 

substance abuse coordinating agencies into local CMHSPs.

 

     (d) Program changes to encourage greater consolidation of area

 

agencies on aging across communities.

 

     (2) The department shall ensure that all of the following

 

organizations participate in relevant discussions:

 

     (a) The Michigan association of community mental health

 

boards.

 

     (b) The Michigan association of local public health.

 

     (c) The Michigan association of substance abuse coordinating

 

agencies.

 

     (d) The area agencies on aging association of Michigan.

 

     (3) The committee established under subsection (1) shall

 

provide a draft report on initial findings by March 1, 2008 to the

 

senate and house appropriations subcommittees on community health,

 

the senate and house committees on health policy, the senate and

 

house fiscal agencies, and the state budget director. The report

 

shall detail concepts discussed by the committee and any

 

recommended changes in state law or appropriations to bring about

 

greater consolidation of these services.

 

     (4) It is the intent of the legislature to mandate

 


consolidation in the provision of local mental health and substance

 

abuse, local public health, and services to the aging in some

 

fashion by January 1, 2009.

 

     Sec. 273. The department shall provide a report to the senate

 

and house appropriations subcommittees on community health and the

 

senate and house fiscal agencies on every program that receives

 

more than $0.00 in healthy Michigan funds. The report shall provide

 

detail regarding all of the following:

 

     (a) A summary of organizations receiving these funds.

 

     (b) Measures of the effectiveness of these programs in

 

improving the health of Michigan residents.

 

     Sec. 275. From the funds appropriated in part 1, the following

 

amounts are allocated:

 

     (a) $50,000.00 for a reverse 9-1-1 program in a community

 

hosting a mental health facility.

 

     (b) $50,000.00 for a vision services program.

 

     (c) $100,000.00 for efforts to combat the spread of animal-

 

borne illnesses.

 

     (d) $100,000.00 for the purchase of childhood recommended

 

vaccines for the underinsured population ages birth through 18

 

years of age.

 

     Sec. 276. 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. 281. 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 report to the state budget director, the senate

 

and house appropriations subcommittees, and the senate and house

 

fiscal agencies on the progress made toward increased efficiencies

 

in departmental 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.

 

 

 

DEPARTMENTWIDE ADMINISTRATION

 

     Sec. 301. From funds appropriated for worker's compensation,

 

the department may make payments in lieu of worker's compensation

 

payments for wage and salary and related fringe benefits for

 

employees who return to work under limited duty assignments.

 

     Sec. 303. The department is prohibited from requiring first-

 

party payment from individuals or families with a taxable income of

 

$10,000.00 or less for mental health services for determinations

 

made in accordance with section 818 of the mental health code, 1974

 

PA 258, MCL 330.1818.

 

 

 

MENTAL HEALTH/SUBSTANCE ABUSE SERVICES ADMINISTRATION AND SPECIAL

 

PROJECTS

 

     Sec. 350. The department may enter into a contract with the

 

protection and advocacy service, authorized under section 931 of

 


the mental health code, 1974 PA 258, MCL 330.1931, or a similar

 

organization to provide legal services for purposes of gaining and

 

maintaining occupancy in a community living arrangement which is

 

under lease or contract with the department or a community mental

 

health services program to provide services to persons with mental

 

illness or developmental disability.

 

     Sec. 351. (1) From the funds appropriated in part 1 for the

 

methamphetamine cleanup fund, the department shall allow local

 

governments to apply for money to cover their administrative costs

 

associated with the methamphetamine cleanup efforts. The funds

 

allocated to local governments for the administrative cost

 

associated with methamphetamine cleanup efforts shall not exceed

 

$800.00 per property.

 

     (2) The department shall work with the Michigan association of

 

counties to ensure that counties are aware that the funds

 

appropriated in part 1 for methamphetamine cleanup activities are

 

available.

 

 

 

COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES PROGRAMS

 

     Sec. 401. Funds appropriated in part 1 are intended to support

 

a system of comprehensive community mental health services under

 

the full authority and responsibility of local CMHSPs or PIHPs. The

 

department shall ensure that each CMHSP or PIHP provides all of the

 

following:

 

     (a) A system of single entry and single exit.

 

     (b) A complete array of mental health services which shall

 

include, but shall not be limited to, all of the following

 


services: residential and other individualized living arrangements,

 

outpatient services, acute inpatient services, and long-term, 24-

 

hour inpatient care in a structured, secure environment.

 

     (c) The coordination of inpatient and outpatient hospital

 

services through agreements with state-operated psychiatric

 

hospitals, units, and centers in facilities owned or leased by the

 

state, and privately-owned hospitals, units, and centers licensed

 

by the state pursuant to sections 134 through 149b of the mental

 

health code, 1974 PA 258, MCL 330.1134 to 330.1149b.

 

     (d) Individualized plans of service that are sufficient to

 

meet the needs of individuals, including those discharged from

 

psychiatric hospitals or centers, and that ensure the full range of

 

recipient needs is addressed through the CMHSP's or PIHP's program

 

or through assistance with locating and obtaining services to meet

 

these needs.

 

     (e) A system of case or care management to monitor and ensure

 

the provision of services consistent with the individualized plan

 

of services or supports.

 

     (f) A system of continuous quality improvement.

 

     (g) A system to monitor and evaluate the mental health

 

services provided.

 

     (h) A system that serves at-risk and delinquent youth as

 

required under the provisions of the mental health code, 1974 PA

 

258, MCL 330.1001 to 330.2106.

 

     Sec. 402. (1) From funds appropriated in part 1, final

 

authorizations to CMHSPs or PIHPs shall be made upon the execution

 

of contracts between the department and CMHSPs or PIHPs. The

 


contracts shall contain an approved plan and budget as well as

 

policies and procedures governing the obligations and

 

responsibilities of both parties to the contracts. Each contract

 

with a CMHSP or PIHP that the department is authorized to enter

 

into under this subsection shall include a provision that the

 

contract is not valid unless the total dollar obligation for all of

 

the contracts between the department and the CMHSPs or PIHPs

 

entered into under this subsection for fiscal year 2007-2008 does

 

not exceed the amount of money appropriated in part 1 for the

 

contracts authorized under this subsection.

 

     (2) The department shall immediately report to the senate and

 

house of representatives appropriations subcommittees on community

 

health, the senate and house fiscal agencies, and the state budget

 

director if either of the following occurs:

 

     (a) Any new contracts with CMHSPs or PIHPs that would affect

 

rates or expenditures are enacted.

 

     (b) Any amendments to contracts with CMHSPs or PIHPs that

 

would affect rates or expenditures are enacted.

 

     (3) The report required by subsection (2) shall include

 

information about the changes and their effects on rates and

 

expenditures.

 

     Sec. 404. (1) Not later than May 31 of each fiscal year, the

 

department shall provide a report on the community mental health

 

services programs to the members of the house and senate

 

appropriations subcommittees on community health, the house and

 

senate fiscal agencies, and the state budget director that includes

 

the information required by this section.

 


     (2) The report shall contain information for each CMHSP or

 

specialty prepaid health plan and a statewide summary, each of

 

which shall include at least all of the following information:

 

     (a) A demographic description of service recipients that, at a

 

minimum, includes reimbursement eligibility, client population,

 

age, ethnicity, housing arrangements, and diagnosis.

 

     (b) Per capita expenditures by client population group.

 

     (c) Financial information that, at a minimum, includes a

 

description of funding authorized; expenditures by client group and

 

fund source; and cost information by service category, including

 

administration. Service category shall include all department-

 

approved services.

 

     (d) Data describing service outcomes including, but not

 

limited to, an evaluation of consumer satisfaction, consumer

 

choice, and quality of life concerns including, but not limited to,

 

housing and employment.

 

     (e) Information about access to community mental health

 

services programs including, but not limited to, all of the

 

following:

 

     (i) The number of people receiving requested services.

 

     (ii) The number of people who requested services but did not

 

receive services.

 

     (iii) The average length of time people who requested services

 

but did not receive services have been waiting to receive services,

 

listed separately for each service provided.

 

     (f) The number of second opinions requested under the mental

 

health code, 1974 PA 258, MCL 330.1001 to 330.2106, and the

 


determination of any appeals.

 

     (g) An analysis of information provided by community mental

 

health service programs in response to the needs assessment

 

requirements of the mental health code, 1974 PA 258, MCL 330.1001

 

to 330.2106, including information about the number of persons in

 

the service delivery system who have requested and are clinically

 

appropriate for different services.

 

     (h) Lapses and carryforwards during fiscal year 2006-2007 for

 

CMHSPs or specialty prepaid health plans.

 

     (i) Information about contracts for mental health services

 

entered into by CMHSPs or specialty prepaid health plans with

 

providers, including, but not limited to, all of the following:

 

     (i) The amount of the contract, organized by type of service

 

provided.

 

     (ii) Payment rates, organized by the type of service provided.

 

     (iii) Administrative costs for services provided to CMHSPs or

 

specialty prepaid health plans.

 

     (j) Information on the community mental health Medicaid

 

managed care program, including, but not limited to, both of the

 

following:

 

     (i) Expenditures by each CMHSP or specialty prepaid health plan

 

organized by Medicaid eligibility group, including per eligible

 

individual expenditure averages.

 

     (ii) Performance indicator information required to be submitted

 

to the department in the contracts with CMHSPs or specialty prepaid

 

health plans.

 

     (k) An estimate of the number of FTEs employed by each CMHSP

 


and specialty prepaid health plan as of September 30, 2007 and an

 

estimate of the number of FTEs employed through contracts with

 

provider organizations as of September 30, 2007.

 

     (l) Data on the number of pharmaceutical prescriptions written

 

by CMHSP and specialty prepaid health plan employees or contractors

 

on behalf of CMHSP and specialty prepaid health plan clients,

 

broken down into the following categories:

 

     (i) Client population group.

 

     (ii) Class of medication.

 

     (iii) Number of prescriptions per client during the fiscal year.

 

     (3) The department shall include data reporting requirements

 

prescribed under subsection (2) in the annual contract with each

 

individual CMHSP or specialty prepaid health plan.

 

     (4) The department shall take all reasonable actions to ensure

 

that the data required under this section are complete and

 

consistent among all CMHSPs and specialty prepaid health plans.

 

     Sec. 405. (1) It is the intent of the legislature that the

 

employee wage pass-through funded in previous years, including the

 

2% wage increase funded in fiscal year 2006-2007, to the community

 

mental health services programs for direct care workers in local

 

residential settings and for paraprofessional and other

 

nonprofessional direct care workers in settings where skill

 

building, community living supports and training, and personal care

 

services are provided shall continue to be paid to direct care

 

workers.

 

     (2) Each CMHSP or PIHP awarded wage pass-through funds in

 

fiscal year 2006-2007 shall report on the actual expenditures of

 


such funds in the format to be determined by the department.

 

     Sec. 406. (1) The funds appropriated in part 1 for the state

 

disability assistance substance abuse services program shall be

 

used to support per diem room and board payments in substance abuse

 

residential facilities. Eligibility of clients for the state

 

disability assistance substance abuse services program shall

 

include needy persons 18 years of age or older, or emancipated

 

minors, who reside in a substance abuse treatment center.

 

     (2) The department shall reimburse all licensed substance

 

abuse programs eligible to participate in the program at a rate

 

equivalent to that paid by the department of human services to

 

adult foster care providers. Programs accredited by department-

 

approved accrediting organizations shall be reimbursed at the

 

personal care rate, while all other eligible programs shall be

 

reimbursed at the domiciliary care rate.

 

     Sec. 407. (1) The amount appropriated in part 1 for substance

 

abuse prevention, education, and treatment grants shall be expended

 

for contracting with coordinating agencies. Coordinating agencies

 

shall work with the CMHSPs or PIHPs to coordinate the care and

 

services provided to individuals with both mental illness and

 

substance abuse diagnoses.

 

     (2) The department shall approve a fee schedule for providing

 

substance abuse services and charge participants in accordance with

 

their ability to pay.

 

     Sec. 408. (1) By April 15, 2008, the department shall report

 

the following data from fiscal year 2006-2007 on substance abuse

 

prevention, education, and treatment programs to the senate and

 


house of representatives appropriations subcommittees on community

 

health, the senate and house fiscal agencies, and the state budget

 

office:

 

     (a) Expenditures stratified by coordinating agency, by central

 

diagnosis and referral agency, by fund source, by subcontractor, by

 

population served, and by service type. Additionally, data on

 

administrative expenditures by coordinating agency and by

 

subcontractor shall be reported.

 

     (b) Expenditures per state client, with data on the

 

distribution of expenditures reported using a histogram approach.

 

     (c) Number of services provided by central diagnosis and

 

referral agency, by subcontractor, and by service type.

 

Additionally, data on length of stay, referral source, and

 

participation in other state programs.

 

     (d) Collections from other first- or third-party payers,

 

private donations, or other state or local programs, by

 

coordinating agency, by subcontractor, by population served, and by

 

service type.

 

     (2) The department shall take all reasonable actions to ensure

 

that the required data reported are complete and consistent among

 

all coordinating agencies.

 

     Sec. 409. The funding in part 1 for substance abuse services

 

shall be distributed in a manner that provides priority to service

 

providers that furnish child care services to clients with

 

children.

 

     Sec. 410. The department shall assure that substance abuse

 

treatment is provided to applicants and recipients of public

 


assistance through the department of human services who are

 

required to obtain substance abuse treatment as a condition of

 

eligibility for public assistance.

 

     Sec. 411. (1) The department shall ensure that each contract

 

with a CMHSP or PIHP requires the CMHSP or PIHP to implement

 

programs to encourage diversion of persons with serious mental

 

illness, serious emotional disturbance, or developmental disability

 

from possible jail incarceration when appropriate.

 

     (2) Each CMHSP or PIHP shall have jail diversion services and

 

shall work toward establishing working relationships with

 

representative staff of local law enforcement agencies, including

 

county prosecutors' offices, county sheriffs' offices, county

 

jails, municipal police agencies, municipal detention facilities,

 

and the courts. Written interagency agreements describing what

 

services each participating agency is prepared to commit to the

 

local jail diversion effort and the procedures to be used by local

 

law enforcement agencies to access mental health jail diversion

 

services are strongly encouraged.

 

     Sec. 412. The department shall contract directly with the

 

Salvation Army harbor light program to provide non-Medicaid

 

substance abuse services at not less than the amount contracted for

 

in fiscal year 2006-2007.

 

     Sec. 414. Medicaid substance abuse treatment services shall be

 

managed by selected PIHPs pursuant to the centers for Medicare and

 

Medicaid services' approval of Michigan's 1915(b) waiver request to

 

implement a managed care plan for specialized substance abuse

 

services. The selected PIHPs shall receive a capitated payment on a

 


per eligible per month basis to assure provision of medically

 

necessary substance abuse services to all beneficiaries who require

 

those services. The selected PIHPs shall be responsible for the

 

reimbursement of claims for specialized substance abuse services.

 

The PIHPs that are not coordinating agencies may continue to

 

contract with a coordinating agency. Any alternative arrangement

 

must be based on client service needs and have prior approval from

 

the department.

 

     Sec. 418. On or before the tenth of each month, the department

 

shall report to the senate and house of representatives

 

appropriations subcommittees on community health, the senate and

 

house fiscal agencies, and the state budget director on the amount

 

of funding paid to PIHPs to support the Medicaid managed mental

 

health care program in that month. The information shall include

 

the total paid to each PIHP, per capita rate paid for each

 

eligibility group for each PIHP, and number of cases in each

 

eligibility group for each PIHP, and year-to-date summary of

 

eligibles and expenditures for the Medicaid managed mental health

 

care program.

 

     Sec. 423. (1) The department shall work cooperatively with the

 

departments of human services, corrections, education, state

 

police, and military and veterans affairs to coordinate and improve

 

the delivery of substance abuse prevention, education, and

 

treatment programs within existing appropriations.

 

     (2) The department shall establish a workgroup composed of

 

representatives of the department; the departments of human

 

services, corrections, education, state police, and military and

 


veterans affairs; coordinating agencies; CMHSPs; and any other

 

persons considered appropriate to examine and review the source and

 

expenditure of all public and private funds made available for

 

substance abuse programs and services. The workgroup shall develop

 

and recommend cost-effective measures for the expenditure of funds

 

and delivery of substance abuse programs and services. The

 

department shall submit the findings of the workgroup to the house

 

and senate appropriations subcommittees on community health, the

 

house and senate fiscal agencies, and the state budget director by

 

May 31, 2008.

 

     (3) It is the intent of the legislature to reduce the drug

 

control policy line by $10,000.00 general fund if this report is

 

not provided by the date provided in this section.

 

     Sec. 424. Each PIHP that contracts with the department to

 

provide services to the Medicaid population shall adhere to the

 

following timely claims processing and payment procedure for claims

 

submitted by health professionals and facilities:

 

     (a) A "clean claim" as described in section 111i of the social

 

welfare act, 1939 PA 280, MCL 400.111i, must be paid within 45 days

 

after receipt of the claim by the PIHP. A clean claim that is not

 

paid within this time frame shall bear simple interest at a rate of

 

12% per annum.

 

     (b) A PIHP must state in writing to the health professional or

 

facility any defect in the claim within 30 days after receipt of

 

the claim.

 

     (c) A health professional and a health facility have 30 days

 

after receipt of a notice that a claim or a portion of a claim is

 


defective within which to correct the defect. The PIHP shall pay

 

the claim within 30 days after the defect is corrected.

 

     Sec. 425. (1) The department, in conjunction with efforts to

 

implement the MPRI, shall cooperate with the department of

 

corrections to share data and information as they relate to

 

prisoners being released who are HIV positive or positive for the

 

Hepatitis C antibody, or both. By April 1, 2008, the department

 

shall report to the senate and house appropriations subcommittees

 

on community health, the senate and house fiscal agencies, and the

 

state budget director on all of the following:

 

     (a) The progress and results of its work with the department

 

of corrections.

 

     (b) The potential outcomes from its work with the department

 

of corrections.

 

     (c) Programs and the location of programs implemented as a

 

result of the work under this section.

 

     (d) The programs' potential impact on the state budget.

 

     (e) The number of prisoners released to the community by

 

parole, discharge on the maximum sentence, or transfer to community

 

residential placement who are HIV positive, positive for the

 

Hepatitis C antibody, or both.

 

     (f) The number of offenders successfully referred to the local

 

public health department, by county, and number of parolees

 

participating in treatment for Hepatitis C, HIV, or both, after 6

 

months in the community, by county.

 

     (2) If funds become available through an intergovernmental

 

transfer from the department of corrections, the department shall

 


participate in testing of prisoners for HIV and the Hepatitis C

 

antibody.

 

     Sec. 426. The department shall cooperate with the department

 

of corrections in providing information for and developing a

 

report. The report shall, by April 1, 2008, provide the following

 

data concerning mental health and substance abuse services during

 

fiscal year 2006-2007:

 

     (a) The number of prisoners receiving substance abuse

 

services, including a description and breakdown of the type of

 

substance abuse services provided to prisoners, by major offense

 

type.

 

     (b) The number of prisoners with a primary diagnosis of mental

 

illness and the number of those prisoners receiving mental health

 

services, including a description and breakdown, encompassing, at a

 

minimum, the categories of inpatient, residential, and outpatient

 

care, of the type of mental health services provided to those

 

prisoners, by major offense type.

 

     (c) The number of prisoners with a primary diagnosis of mental

 

illness and receiving substance abuse services, including a

 

description and breakdown, encompassing, at a minimum, the

 

categories of inpatient, residential, and outpatient care, of the

 

type of treatment provided to those prisoners, by major offense

 

type.

 

     (d) Data indicating if prisoners receiving mental health

 

services for a primary diagnosis of mental illness were previously

 

hospitalized in a state psychiatric hospital for persons with

 

mental illness, by major offense type.

 


     (e) Data indicating whether prisoners with a primary diagnosis

 

of mental illness and receiving substance abuse services were

 

previously hospitalized in a state psychiatric hospital for persons

 

with mental illness.

 

     (f) The cost of pharmaceuticals for prisoners with a primary

 

diagnosis of mental illness itemized by type and manufacturer.

 

     (g) Quarterly and fiscal year-to-date expenditures itemized by

 

vendor, status of payments from contractors to vendors, and

 

projected year-end expenditures from accounts for substance abuse

 

treatment and mental health care.

 

     (h) The number of prisoners that have had their primary

 

diagnosis of mental illness changed while in prison by a mental

 

health clinician from an earlier diagnosis received in prison or

 

while hospitalized in a state psychiatric hospital for persons with

 

mental illness, itemized by current and previous diagnosis.

 

     (i) The number of prisoners with a primary diagnosis of mental

 

illness that previously had received substance abuse services,

 

including a description and breakdown, encompassing, at a minimum,

 

the categories of inpatient, residential, and outpatient care, of

 

the type of treatment provided to those prisoners.

 

     Sec. 428. Each PIHP shall provide, from internal resources,

 

local funds to be used as a bona fide part of the state match

 

required under the Medicaid program in order to increase capitation

 

rates for PIHPs. These funds shall not include either state funds

 

received by a CMHSP for services provided to non-Medicaid

 

recipients or the state matching portion of the Medicaid capitation

 

payments made to a PIHP.

 


     Sec. 435. A county required under the provisions of the mental

 

health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide

 

matching funds to a CMHSP for mental health services rendered to

 

residents in its jurisdiction shall pay the matching funds in equal

 

installments on not less than a quarterly basis throughout the

 

fiscal year, with the first payment being made by October 1, 2007.

 

     Sec. 442. (1) It is the intent of the legislature that the

 

$40,000,000.00 in funding transferred from the community mental

 

health non-Medicaid services line to support the Medicaid adult

 

benefits waiver program be used to provide state match for

 

increases in federal funding for primary care and specialty

 

services provided to Medicaid adult benefits waiver enrollees and

 

for economic increases for the Medicaid specialty services and

 

supports program.

 

     (2) The department shall assure that persons enrolled in the

 

Medicaid adult benefits waiver program shall receive mental health

 

services as approved in the state plan amendment.

 

     (3) Capitation payments to CMHSPs for persons who become

 

enrolled in the Medicaid adult benefits waiver program shall be

 

made using the same rate methodology as payments for the current

 

Medicaid beneficiaries.

 

     (4) If enrollment in the Medicaid adult benefits waiver

 

program does not achieve expectations and the funding appropriated

 

for the Medicaid adult benefits waiver program for specialty

 

services is not expended, the general fund balance shall be

 

transferred back to the community mental health non-Medicaid

 

services line. The department shall report quarterly to the senate

 


and house of representatives appropriations subcommittees on

 

community health a summary of eligible expenditures for the

 

Medicaid adult benefits waiver program by CMHSPs.

 

     Sec. 450. (1) No later than October 1, 2007, the department

 

shall implement the recommendations of the workgroup composed of

 

CMHSPs or specialty prepaid health plans and departmental staff on

 

streamlining the audit and reporting requirements for CMHSPs or

 

specialty prepaid health plans and contractors performing services

 

for CMHSPs or specialty prepaid health plans.

 

     (2) No later than March 31, 2008, the department shall submit

 

a report to the house of representatives and senate appropriations

 

subcommittees on community health, the house and senate fiscal

 

agencies, and the state budget office on steps taken to implement

 

the recommendations of the workgroup and the progress of the

 

implementation of the recommendations of the workgroup.

 

     Sec. 452. Unless otherwise authorized by law, the department

 

shall not implement retroactively any policy that would lead to a

 

negative financial impact on community mental health services

 

programs or prepaid inpatient health plans.

 

     Sec. 456. (1) CMHSPs and PIHPs shall honor consumer choice to

 

the fullest extent possible when providing services and support

 

programs for individuals with mental illness, developmental

 

disabilities, or substance abuse issues. Consumer choices shall

 

include skill-building assistance, rehabilitative and habilitative

 

services, supported and integrated employment services program

 

settings, and other work preparatory services provided in the

 

community or by accredited community-based rehabilitation

 


organizations. CMHSPs and PIHPs shall not arbitrarily eliminate or

 

restrict any choices from the array of services and program

 

settings available to consumers without reasonable justification

 

that those services are not in the consumer's best interest.

 

     (2) CMHSPs and PIHPs shall take all necessary steps to ensure

 

that individuals with mental illness, developmental disabilities,

 

or substance abuse issues be placed in the least restrictive

 

setting in the quickest amount of time possible if it is the

 

individual's choice.

 

     Sec. 458. By March 1, 2008, the department shall provide each

 

of the following to the house of representatives and senate

 

appropriations subcommittees on community health, the house and

 

senate fiscal agencies, and the state budget director:

 

     (a) An updated plan for implementing recommendations of the

 

Michigan mental health commission made in the commission's report

 

dated October 15, 2004.

 

     (b) A report that evaluates the cost-benefit of establishing

 

secure residential facilities of fewer than 17 beds for adults with

 

serious mental illness, modeled after such programming in Oregon

 

and other states.

 

     (c) In conjunction with the state court administrator's

 

office, a report that evaluates the cost-benefit of establishing a

 

specialized mental health court program that diverts adults with

 

serious mental illness alleged to have committed an offense deemed

 

nonserious into treatment prior to the filing of any charges.

 

     (d) It is the intent of the legislature to reduce the

 

departmental administration and management line by $50,000.00 if

 


this report is not provided by the date provided in this section.

 

     Sec. 460. (1) The uniform definitions, standards, and

 

instructions for the classification, allocation, assignment,

 

calculation, recording, and reporting of administrative costs by

 

PIHPs, CMHSPs, and contracted organized provider systems that

 

receive payment or reimbursement from funds appropriated under

 

section 104 of part 1 that were implemented in fiscal year 2006-

 

2007 by the department shall also be implemented for their

 

subcontractors in fiscal year 2007-2008.

 

     (2) The department shall provide the house of representatives

 

and senate appropriations subcommittees on community health, the

 

house of representatives and senate fiscal agencies, and the state

 

budget director with a progress report on the implementation

 

required under subsection (1). The progress report is due on July

 

1, 2008.

 

     Sec. 462. The department shall implement a funding equity plan

 

for all CMHSPs that receive funds appropriated under the community

 

mental health non-Medicaid services line. The funding plan should

 

reflect a combination of a more equitable distribution methodology

 

based on proxy measures of need and the recognition of varying

 

expenditure needs of CMHSPs. The department shall submit the

 

written equity funding plan to the senate and house subcommittees

 

on community health, the senate and house fiscal agencies, and the

 

state budget director by March 1, 2008.

 

     Sec. 463. The department shall use standard program evaluation

 

measures to assess the overall effectiveness of programs provided

 

through coordinating agencies and service providers in reducing and

 


preventing the incidence of substance abuse. The measures

 

established by the department shall be modeled after the program

 

outcome measures and best practice guidelines for the treatment of

 

substance abuse as proposed by the federal substance abuse and

 

mental health services administration.

 

     Sec. 464. It is the intent of the legislature that revenue

 

received by the department from liquor license fees be expended at

 

not less than the amount provided in fiscal year 2006-2007, to fund

 

programs for the prevention, rehabilitation, care, and treatment of

 

alcoholics pursuant to sections 543(1) and 1115(2) of the Michigan

 

liquor control code of 1998, 1998 PA 58, MCL 436.1543 and 436.2115.

 

     Sec. 465. Funds appropriated in part 1 for respite services

 

shall be used for direct respite care services for children with

 

serious emotional disturbances and their families. Not more than 1%

 

of the funds allocated for respite services shall be expended by

 

CMHSPs for administration and administrative purposes.

 

     Sec. 467. If funds become available, the department shall

 

increase funding paid from the community substance abuse

 

prevention, education, and treatment programs line item to the

 

substance abuse coordinating agencies to the level of funding

 

provided in fiscal year 2002-2003.

 

     Sec. 468. (1) To foster a more efficient administration of and

 

to integrate care in publicly funded mental health and substance

 

abuse services, the department shall recommend changes in its

 

criteria for the incorporation of a city, county, or regional

 

substance abuse coordinating agency into a local community mental

 

health authority that will encourage those city, county, or

 


regional coordinating agencies to incorporate as local community

 

mental health authorities. If necessary, the department may make

 

accommodations or adjustments in formula distribution to address

 

administrative costs related to the recommended changes to the

 

criteria made in accordance with this section and to the

 

incorporation of the additional coordinating agencies into local

 

community mental health authorities provided that all of the

 

following are satisfied:

 

     (a) The department provides funding for the administrative

 

costs incurred by coordinating agencies incorporating into

 

community mental health authorities. The department shall not

 

provide more than $75,000.00 to any coordinating agency for

 

administrative costs.

 

     (b) The accommodations or adjustments do not favor

 

coordinating agencies that voluntarily elect to integrate with

 

local community mental health authorities.

 

     (c) The accommodations or adjustments do not negatively affect

 

other coordinating agencies.

 

     (d) The department shall provide to the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies a comprehensive plan for the consolidation of

 

each substance abuse coordinating agency into local community

 

mental health authorities by March 1, 2008.

 

     (2) It is the intent of the legislature to mandate

 

consolidation of substance abuse and mental health services under 1

 

administrative structure by January 1, 2009.

 

     Sec. 470. (1) For those substance abuse coordinating agencies

 


that have voluntarily incorporated into community mental health

 

authorities and accepted funding from the department for

 

administrative costs incurred pursuant to section 468 of this

 

article, the department shall establish written expectations for

 

those CMHSPs, PIHPs, and substance abuse coordinating agencies and

 

counties with respect to the integration of mental health and

 

substance abuse services. At a minimum, the written expectations

 

shall provide for the integration of those services as follows:

 

     (a) Coordination and consolidation of administrative functions

 

and redirection of efficiencies into service enhancements.

 

     (b) Consolidation of points of 24-hour access for mental

 

health and substance abuse services in every community.

 

     (c) Alignment of coordinating agencies and PIHPs boundaries to

 

maximize opportunities for collaboration and integration of

 

administrative functions and clinical activities.

 

     (2) By May 1, 2008, the department shall report to the house

 

of representatives and senate appropriations subcommittees on

 

community health, the house and senate fiscal agencies, and the

 

state budget office on the impact and effectiveness of this section

 

and the status of the integration of mental health and substance

 

abuse services.

 

     Sec. 471. From the funds appropriated in part 1 for

 

coordinating agencies and the Salvation Army harbor light program,

 

administrative costs for these agencies as a percentage of their

 

total expenditures shall not exceed their percentage in fiscal year

 

2004-2005 or 9%, whichever is less.

 

     Sec. 474. The department shall ensure that each contract with

 


a CMHSP or PIHP requires the CMHSP or PIHP to provide each

 

recipient and his or her family with information regarding the

 

different types of guardianship and the alternatives to

 

guardianship. A CMHSP or PIHP shall not, in any manner, attempt to

 

reduce or restrict the ability of a recipient or his or her family

 

from seeking to obtain any form of legal guardianship without just

 

cause.

 

     Sec. 478. The department shall not be liable for any costs

 

associated with the mental health court pilot project funded

 

through an interdepartmental grant provided by the judicial branch.

 

     Sec. 479. (1) A PIHP, Medicaid HMO, and FQHC may establish an

 

early mental health services intervention pilot project. This

 

project shall provide care coordination as well as disease and

 

pharmacy management to eligible recipients suffering from chronic

 

disease including diabetes, asthma, substance addiction, or stroke.

 

Participating organizations may make use of data sharing, joint

 

information technology efforts, and financial incentives to health

 

providers and recipients in this program.

 

     (2) The pilot project shall make use of preestablished

 

objectives and outcome measures to determine the cost effectiveness

 

of the program. Data shall also be collected by participating

 

organizations to study the correlation between early mental health

 

treatment to program participants and improvement in the management

 

of their chronic disease.

 

     (3) The department shall request any necessary Medicaid state

 

plan amendments or waivers to ensure participation in this program

 

by eligible Medicaid recipients.

 


 

 

STATE PSYCHIATRIC HOSPITALS, CENTERS FOR PERSONS WITH DEVELOPMENTAL

 

DISABILITIES, AND FORENSIC AND PRISON MENTAL HEALTH SERVICES

 

     Sec. 601. (1) In funding of staff in the financial support

 

division, reimbursement, and billing and collection sections,

 

priority shall be given to obtaining third-party payments for

 

services. Collection from individual recipients of services and

 

their families shall be handled in a sensitive and nonharassing

 

manner.

 

     (2) The department shall continue a revenue recapture project

 

to generate additional revenues from third parties related to cases

 

that have been closed or are inactive. Revenues collected through

 

project efforts are appropriated to the department for departmental

 

costs and contractual fees associated with these retroactive

 

collections and to improve ongoing departmental reimbursement

 

management functions.

 

     Sec. 602. Unexpended and unencumbered amounts and accompanying

 

expenditure authorizations up to $1,000,000.00 remaining on

 

September 30, 2008 from the amounts appropriated in part 1 for

 

gifts and bequests for patient living and treatment environments

 

shall be carried forward for 1 fiscal year. The purpose of gifts

 

and bequests for patient living and treatment environments is to

 

use additional private funds to provide specific enhancements for

 

individuals residing at state-operated facilities. Use of the gifts

 

and bequests shall be consistent with the stipulation of the donor.

 

The expected completion date for the use of gifts and bequests

 

donations is within 3 years unless otherwise stipulated by the

 


donor.

 

     Sec. 603. The funds appropriated in part 1 for forensic mental

 

health services provided to the department of corrections are in

 

accordance with the interdepartmental plan developed in cooperation

 

with the department of corrections. The department is authorized to

 

receive and expend funds from the department of corrections in

 

addition to the appropriations in part 1 to fulfill the obligations

 

outlined in the interdepartmental agreements.

 

     Sec. 604. (1) The CMHSPs or PIHPs shall provide annual reports

 

to the department on the following information:

 

     (a) The number of days of care purchased from state hospitals

 

and centers.

 

     (b) The number of days of care purchased from private

 

hospitals in lieu of purchasing days of care from state hospitals

 

and centers.

 

     (c) The number and type of alternative placements to state

 

hospitals and centers other than private hospitals.

 

     (d) Waiting lists for placements in state hospitals and

 

centers.

 

     (2) The department shall annually report the information in

 

subsection (1) to the house of representatives and senate

 

appropriations subcommittees on community health, the house and

 

senate fiscal agencies, and the state budget director.

 

     Sec. 605. (1) The department shall not implement any closures

 

or consolidations of state hospitals, centers, or agencies until

 

CMHSPs or specialty prepaid health plans have programs and services

 

in place for those individuals currently in those facilities and a

 


plan for service provision for those persons who would have been

 

admitted to those facilities.

 

     (2) All closures or consolidations are dependent upon adequate

 

department-approved CMHSP plans that include a discharge and

 

aftercare plan for each individual in the facility. A discharge and

 

aftercare plan shall address the individual's housing needs. A

 

homeless shelter or similar temporary shelter arrangement is

 

inadequate to meet the individual's housing needs.

 

     (3) Four months after receipt of the certification of closure

 

required in section 19(6) of the state employees' retirement act,

 

1943 PA 240, MCL 38.19, the department shall provide a closure plan

 

to the house and senate appropriations subcommittees on community

 

health and the state budget director.

 

     (4) Upon the closure of state-run operations and after

 

transitional costs have been paid, the remaining balances of funds

 

appropriated for that operation shall be transferred to CMHSPs or

 

specialty prepaid health plans responsible for providing services

 

for persons previously served by the operations.

 

     (5) The department shall create a contingency plan for the

 

closure for each of the adult mental health facilities, and a copy

 

of these plans shall be submitted to the senate and house

 

appropriations subcommittees on community health and senate and

 

house fiscal agencies by September 30, 2008.

 

     Sec. 606. The department may collect revenue for patient

 

reimbursement from first- and third-party payers, including

 

Medicaid and local county CMHSP payers, to cover the cost of

 

placement in state hospitals and centers. The department is

 


authorized to adjust financing sources for patient reimbursement

 

based on actual revenues earned. If the revenue collected exceeds

 

current year expenditures, the revenue may be carried forward with

 

approval of the state budget director. The revenue carried forward

 

shall be used as a first source of funds in the subsequent year.

 

     Sec. 607. If Senate Bill No. 369 of 2007 is enacted into law,

 

the department shall provide all necessary support to state

 

hospitals to ensure that mandated changes in the operation of state

 

hospitals and centers are completed in a timely and efficient

 

manner.

 

     Sec. 608. The department, with the cooperation of the

 

department of management and budget, shall establish and implement

 

a bid process to identify a single private contractor to provide

 

food service and custodial services at each of the state-operated

 

hospitals and centers by January 1, 2008.

 

 

 

PUBLIC HEALTH ADMINISTRATION

 

     Sec. 650. The department shall communicate the annual public

 

health consumption advisory for sportfish. The department shall, at

 

a minimum, post the advisory on the Internet and make the

 

information in the advisory available to the clients of the women,

 

infants, and children special supplemental nutrition program.

 

     Sec. 651. By April 30, 2008, the department shall submit a

 

report to the house and senate fiscal agencies and the state budget

 

director on the activities and efforts of the department to improve

 

the health status of the citizens of this state with regard to the

 

goals and objectives stated in the "Healthy Michigan 2010" report,

 


and the measurable progress made toward those goals and objectives.

 

     Sec. 652. From the funds appropriated in part 1 for minority

 

health grants and contracts, the department shall ensure that the

 

distribution of funds are distributed in such a way to meet all of

 

the following requirements:

 

     (a) One-third of the funds is allocated for projects targeting

 

communities in counties with a population of less than 100,000

 

people.

 

     (b) One-third of the funds is allocated for projects targeting

 

communities in counties with a population of at least 100,000 and

 

less than 250,000 people.

 

     (c) One-third of the funds is allocated for projects in

 

communities with a population of 250,000 people or more.

 

 

 

HEALTH POLICY, REGULATION, AND PROFESSIONS

 

     Sec. 704. The department shall continue to contract with

 

grantees supported through the appropriation in part 1 for the

 

emergency medical services grants and contracts to ensure that a

 

sufficient number of qualified emergency medical services personnel

 

exist to serve rural areas of the state.

 

     Sec. 705. The department shall post on the Internet the

 

executive summary of the latest inspection for each licensed

 

nursing home.

 

     Sec. 706. When hiring any new nursing home inspectors funded

 

through appropriations in part 1, the department shall make every

 

effort to hire individuals with past experience in the long-term

 

care industry.

 


     Sec. 707. (1) The funds appropriated in part 1 for the nursing

 

scholarship program established in section 16315 of the public

 

health code, 1978 PA 368, MCL 333.16315, shall be used to increase

 

the number of nurses practicing in Michigan. The board of nursing

 

is encouraged to structure scholarships funded under this article

 

in a manner that rewards recipients who intend to practice nursing

 

in Michigan. In addition, the department and board of nursing shall

 

work cooperatively with the Michigan higher education assistance

 

authority to coordinate scholarship assistance with scholarships

 

provided pursuant to the Michigan nursing scholarship act, 2002 PA

 

591, MCL 390.1181 to 390.1189.

 

     (2) The department shall provide a report to the senate and

 

house appropriations subcommittees on community health and the

 

senate and house fiscal agencies on the efforts undertaken to

 

enforce the residency requirements established in section 4 of the

 

Michigan nursing scholarship act, 2002 PA 591, MCL 390.1184, and

 

the total amount repaid to the Michigan higher education assistance

 

authority for violation of these requirements.

 

     Sec. 708. Nursing facilities shall report in the quarterly

 

staff report to the department, the total patient care hours

 

provided each month, by state licensure and certification

 

classification, and the percentage of pool staff, by state

 

licensure and certification classification, used each month during

 

the preceding quarter. The department shall make available to the

 

public, the quarterly staff report compiled for all facilities

 

including the total patient care hours and the percentage of pool

 

staff used, by classification.

 


     Sec. 709. The funds appropriated in part 1 for the Michigan

 

essential health care provider program may also provide loan

 

repayment for dentists that fit the criteria established by part 27

 

of the public health code, 1978 PA 368, MCL 333.2701 to 333.2727.

 

     Sec. 711. The department may make available to interested

 

entities customized listings of nonconfidential information in its

 

possession, such as names and addresses of licensees. The

 

department may establish and collect a reasonable charge to provide

 

this service. The revenue received from this service shall be used

 

to offset expenses to provide the service. Any balance of this

 

revenue collected and unexpended at the end of the fiscal year

 

shall revert to the appropriate restricted fund.

 

     Sec. 713. The department is directed to continue support of

 

multicultural agencies that provide primary care services from the

 

funds appropriated in part 1.

 

     Sec. 715. The department shall maintain existing contractual

 

and funding arrangements to provide testing, certification, and

 

inspection services for emergency medical service providers through

 

December 31, 2007.

 

     Sec. 716. The department shall give first priority to provider

 

complaint investigations to instances that are alleged to have

 

occurred within 2 years of the initial complaint.

 

 

 

INFECTIOUS DISEASE CONTROL

 

     Sec. 801. In the expenditure of funds appropriated in part 1

 

for AIDS programs, the department and its subcontractors shall

 

ensure that individuals between the ages of 9 and 18 receive

 


priority for prevention, education, and outreach services.

 

     Sec. 802. In developing and implementing AIDS provider

 

education activities, the department may provide funding to the

 

Michigan state medical society to serve as lead agency to convene a

 

consortium of health care providers, to design needed educational

 

efforts, to fund other statewide provider groups, and to assure

 

implementation of these efforts, in accordance with a plan approved

 

by the department.

 

     Sec. 803. The department shall continue the AIDS drug

 

assistance program maintaining the prior year eligibility criteria

 

and drug formulary. This section is not intended to prohibit the

 

department from providing assistance for improved AIDS treatment

 

medications. If the appropriation in part 1 or actual revenue is

 

not sufficient to maintain the prior year eligibility criteria and

 

drug formulary, the department may revise the eligibility criteria

 

and drug formulary in a manner that is consistent with federal

 

program guidelines.

 

 

 

EPIDEMIOLOGY

 

     Sec. 851. The department shall provide a report annually to

 

the house of representatives and senate appropriations

 

subcommittees on community health, the senate and house fiscal

 

agencies, and the state budget director on the expenditures and

 

activities undertaken by the lead abatement program. The report

 

shall include, but is not limited to, a funding allocation

 

schedule, expenditures by category of expenditure and by

 

subcontractor, revenues received, description of program elements,

 


and description of program accomplishments and progress.

 

 

 

LOCAL HEALTH ADMINISTRATION AND GRANTS

 

     Sec. 901. The amount appropriated in part 1 for implementation

 

of the 1993 amendments to sections 9161, 16221, 16226, 17014,

 

17015, and 17515 of the public health code, 1978 PA 368, MCL

 

333.9161, 333.16221, 333.16226, 333.17014, 333.17015, and

 

333.17515, shall reimburse local health departments for costs

 

incurred related to implementation of section 17015(18) of the

 

public health code, 1978 PA 368, MCL 333.17015.

 

     Sec. 902. If a county that has participated in a district

 

health department or an associated arrangement with other local

 

health departments takes action to cease to participate in such an

 

arrangement after October 1, 2007, the department shall have the

 

authority to assess a penalty from the local health department's

 

operational accounts in an amount equal to no more than 6.25% of

 

the local health department's local public health operations

 

funding. This penalty shall only be assessed to the local county

 

that requests the dissolution of the health department.

 

     Sec. 904. (1) Funds appropriated in part 1 for local public

 

health operations shall be prospectively allocated to local health

 

departments to support immunizations, infectious disease control,

 

sexually transmitted disease control and prevention, hearing

 

screening, vision services, food protection, public water supply,

 

private groundwater supply, and on-site sewage management. Food

 

protection shall be provided in consultation with the Michigan

 

department of agriculture. Public water supply, private groundwater

 


supply, and on-site sewage management shall be provided in

 

consultation with the Michigan department of environmental quality.

 

     (2) Local public health departments shall be held to

 

contractual standards for the services described in subsection (1).

 

     (3) Distributions in subsection (1) shall be made only to

 

counties that maintain local spending in fiscal year 2007-2008 of

 

at least the amount expended in fiscal year 1992-1993 for the

 

services described in subsection (1).

 

     (4) By April 1, 2008, the department shall make available upon

 

request a report to the senate and house appropriations

 

subcommittee on community health, the senate and house fiscal

 

agency, and the state budget director on the planned allocation of

 

the funds appropriated for local public health operations and the

 

results achieved through this allocation in fiscal year 2006-2007.

 

     Sec. 905. From the funds appropriated in part 1 for local

 

public health operations, $5,150,000.00 shall be used to continue

 

funding hearing and vision screening services through local public

 

health departments.

 

     Sec. 906. The department shall reduce the allocation to each

 

local public health department through the local public health

 

operations line by 6.25% of the local public health department's

 

administrative expenditure. General fund savings realized through

 

this reduction shall be transferred to the rural health services

 

line.

 

     Sec. 907. The department shall recommend changes in the

 

distribution of funds in part 1 for local public health operations

 

that would encourage consolidation of local public health

 


departments into district health departments. These recommendations

 

are to be provided to the senate and house appropriations

 

subcommittees on community health and the senate and house fiscal

 

agencies by March 1, 2008.

 

 

 

CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION

 

     Sec. 1006. (1) In spending the funds appropriated in part 1

 

for the smoking prevention program, priority shall be given to

 

prevention and smoking cessation programs for pregnant women, women

 

with young children, and adolescents.

 

     (2) For purposes of complying with 2004 PA 164, $900,000.00 of

 

the funds appropriated in part 1 for the smoking prevention program

 

shall be used for the quit kit program that includes the nicotine

 

patch or nicotine gum.

 

     Sec. 1007. (1) The funds appropriated in part 1 for violence

 

prevention shall be used for, but not be limited to, the following:

 

     (a) Programs aimed at the prevention of spouse, partner, or

 

child abuse and rape.

 

     (b) Programs aimed at the prevention of workplace violence.

 

     (2) In awarding grants from the amounts appropriated in part 1

 

for violence prevention, the department shall give equal

 

consideration to public and private nonprofit applicants.

 

     (3) From the funds appropriated in part 1 for violence

 

prevention, the department may include local school districts as

 

recipients of the funds for family violence prevention programs.

 

     Sec. 1028. Contingent on the availability of state-restricted

 

healthy Michigan fund money or federal preventive health and health

 


services block grant fund money, funds may be appropriated for the

 

African-American male health initiative.

 

 

 

FAMILY, MATERNAL, AND CHILDREN'S HEALTH SERVICES

 

     Sec. 1101. The department shall review the basis for the

 

distribution of funds to local health departments and other public

 

and private agencies for the women, infants, and children food

 

supplement program; family planning; and prenatal care outreach and

 

service delivery support program and indicate the basis upon which

 

any projected underexpenditures by local public and private

 

agencies shall be reallocated to other local agencies that

 

demonstrate need.

 

     Sec. 1104. (1) Before April 1, 2008, the department shall

 

submit a report to the house and senate fiscal agencies and the

 

state budget director on planned allocations from the amounts

 

appropriated in part 1 for local MCH services, prenatal care

 

outreach and service delivery support, family planning local

 

agreements, and pregnancy prevention programs. Using applicable

 

federal definitions, the report shall include information on all of

 

the following:

 

     (a) Funding allocations.

 

     (b) Actual number of women, children, and adolescents served

 

and the amounts expended for each group for the fiscal year 2006-

 

2007.

 

     (c) A breakdown of expenditure of these funds between urban

 

and rural communities.

 

     (2) The department shall ensure that the expenditure of funds

 


through the programs described in subsection (1) is sufficient to

 

meet the needs of rural communities.

 

     Sec. 1105. For all programs for which an appropriation is made

 

in part 1, the department shall contract with those local agencies

 

best able to serve clients. Factors to be used by the department in

 

evaluating agencies under this section shall include ability to

 

serve high risk population groups; ability to provide access to

 

individuals in need of services in rural communities; ability to

 

serve low-income clients, where applicable; availability of, and

 

access to, service sites; management efficiency; and ability to

 

meet federal standards, when applicable.

 

     Sec. 1106. Each family planning program receiving federal

 

title X family planning funds shall be in compliance with all

 

performance and quality assurance indicators that the United States

 

bureau of community health services specifies in the family

 

planning annual report. An agency not in compliance with the

 

indicators shall not receive supplemental or reallocated funds.

 

     Sec. 1106a. (1) Federal abstinence money appropriate and

 

expended under part 1 for the purpose of promoting abstinence

 

education shall provide abstinence education to teenagers most

 

likely to engage in high-risk behavior as their primary focus and

 

may include programs that include 9- to 17-year-olds. Programs

 

funded shall meet all of the following guidelines:

 

     (a) Teaches the gains to be realized by abstaining from sexual

 

activity.

 

     (b) Teaches abstinence from sexual activity outside of

 

marriage as the expected standard for all school-aged children.

 


     (c) Teaches that abstinence is the only certain way to avoid

 

out-of-wedlock pregnancy, sexually-transmitted diseases, and other

 

health problems.

 

     (d) Teaches that monogamous relationship in the context of

 

marriage is the expected standard of human sexual activity.

 

     (e) Teaches that sexual activity outside of marriage is likely

 

to have harmful effects.

 

     (f) Teaches that bearing children outside of wedlock is likely

 

to have harmful consequences.

 

     (g) Teaches young people how to avoid sexual advances and how

 

alcohol and drug use increases vulnerability to sexual advances.

 

     (h) Teaches the importance of attaining self-sufficiency

 

before engaging in sexual activity.

 

     (2) Coalitions, organizations, and programs that do not

 

provide contraceptives to minors and demonstrate efforts to include

 

parental involvement as a means of reducing the risk of teens

 

becoming pregnant shall be given priority in the allocations of

 

funds.

 

     (3) Programs and organizations that meet the guidelines of

 

subsection (1) and criteria of subsection (2) shall have the option

 

of receiving all or part of their funds directly from the

 

department.

 

     (4) The department shall ensure that federal abstinence money

 

appropriated and expended under part 1 for abstinence education is

 

distributed in a manner that meets the needs of rural communities.

 

     Sec. 1107. Of the amount appropriated in part 1 for prenatal

 

care outreach and service delivery support, not more than 6.25%

 


shall be expended for local administration, data processing, and

 

evaluation.

 

     Sec. 1108. The funds appropriated in part 1 for pregnancy

 

prevention programs shall not be used to provide abortion

 

counseling, referrals, or services.

 

     Sec. 1109. (1) From the amounts appropriated in part 1 for

 

dental programs, funds shall be allocated to the Michigan dental

 

association for the administration of a volunteer dental program

 

that shall provide dental services to the uninsured in an amount

 

that is no less than the amount allocated to that program in fiscal

 

year 1996-1997.

 

     (2) Not later than December 1 of the current fiscal year, the

 

department shall make available upon request a report to the senate

 

or house of representatives appropriations subcommittee on

 

community health or the senate or house of representatives standing

 

committee on health policy the number of individual patients

 

treated, number of procedures performed, and approximate total

 

market value of those procedures through September 30, 2007.

 

     Sec. 1110. Agencies that currently receive pregnancy

 

prevention funds and either receive or are eligible for other

 

family planning funds shall have the option of receiving all of

 

their family planning funds directly from the department of

 

community health and be designated as delegate agencies.

 

     Sec. 1111. The department shall allocate no less than 93.75%

 

of the funds appropriated in part 1 for family planning local

 

agreements and the pregnancy prevention program for the direct

 

provision of family planning/pregnancy prevention services.

 


     Sec. 1112. From the funds appropriated in part 1 for prenatal

 

care outreach and service delivery support, the department shall

 

allocate at least $1,000,000.00 to communities with high infant

 

mortality rates.

 

     Sec. 1115. (1) The department shall work in collaboration with

 

the state board of education and the department of human services

 

on the statewide before- or after-school program for elementary

 

school-aged children established under section 32k of the state

 

school aid act of 1979, 1979 PA 94, MCL 388.1632k.

 

     (2) The department shall work in collaboration with the state

 

board of education and the department of human services on the

 

Michigan after-school partnership and implementation of the

 

recommendations from the report of the Michigan after-school

 

initiative task force issued December 15, 2003.

 

     (3) From the funds appropriated in part 1 for special

 

projects, up to $0.00 shall be allocated for the programs described

 

in subsections (1) and (2).

 

     Sec. 1129. The department shall provide a report annually to

 

the house of representatives and senate appropriations

 

subcommittees on community health, the house and senate fiscal

 

agencies, and the state budget director on the number of children

 

with elevated blood lead levels from information available to the

 

department. The report shall provide the information by county,

 

shall include the level of blood lead reported, and shall indicate

 

the sources of the information.

 

     Sec. 1132. From the funds appropriated in part 1 for special

 

projects, $700,000.00 shall be allocated to the nurse family

 


partnership program.

 

     Sec. 1133. The department shall release infant mortality rate

 

data to all local public health departments no later than 72 hours

 

prior to releasing infant mortality rate data to the public.

 

 

 

WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM

 

     Sec. 1151. The department may work with local participating

 

agencies to define local annual contributions for the farmer's

 

market nutrition program, project FRESH, to enable the department

 

to request federal matching funds based on local commitment of

 

funds.

 

     Sec. 1152. The department shall require that all Medicaid

 

children participating in the special supplemental food program for

 

women, infants, and children receive lead screening testing.

 

     Sec. 1153. The department shall ensure that individuals

 

residing in rural communities have sufficient access to the

 

services offered through the WIC program.

 

 

 

CHILDREN'S SPECIAL HEALTH CARE SERVICES

 

     Sec. 1201. Funds appropriated in part 1 for medical care and

 

treatment of children with special health care needs shall be paid

 

according to reimbursement policies determined by the Michigan

 

medical services program. Exceptions to these policies may be taken

 

with the prior approval of the state budget director.

 

     Sec. 1202. The department may do 1 or more of the following:

 

     (a) Provide special formula for eligible clients with

 

specified metabolic and allergic disorders.

 


     (b) Provide medical care and treatment to eligible patients

 

with cystic fibrosis who are 21 years of age or older.

 

     (c) Provide genetic diagnostic and counseling services for

 

eligible families.

 

     (d) Provide medical care and treatment to eligible patients

 

with hereditary coagulation defects, commonly known as hemophilia,

 

who are 21 years of age or older.

 

     Sec. 1203. All children who are determined medically eligible

 

for the children's special health care services program shall be

 

referred to the appropriate locally based services program in their

 

community.

 

 

 

OFFICE OF DRUG CONTROL POLICY

 

     Sec. 1250. The department shall provide $1,800,000.00 in Byrne

 

formula grant program funding to the judiciary by interdepartmental

 

grant.

 

 

 

CRIME VICTIM SERVICES COMMISSION

 

     Sec. 1302. From the funds appropriated in part 1 for justice

 

assistance grants, up to $50,000.00 shall be allocated for

 

expansion of forensic nurse examiner programs to facilitate

 

training for improved evidence collection for the prosecution of

 

sexual assault. The funds shall be used for program coordination,

 

training, and counseling. Unexpended funds shall be carried

 

forward.

 

     Sec. 1304. The department shall work with the department of

 

state police, the Michigan hospital association, the Michigan state

 


medical society, and the Michigan nurses association to ensure that

 

the recommendations included in the "Standard Recommended

 

Procedures for the Emergency Treatment of Sexual Assault Victims"

 

are followed in the collection of evidence.

 

 

 

OFFICE OF SERVICES TO THE AGING

 

     Sec. 1401. The appropriation in part 1 to the office of

 

services to the aging, for community and nutrition services and

 

home services, shall be restricted to eligible individuals at least

 

60 years of age who fail to qualify for home care services under

 

title XVIII, XIX, or XX.

 

     Sec. 1403. The office of services to the aging shall require

 

each region to report to the office of services to the aging home

 

delivered meals waiting lists based upon standard criteria.

 

Determining criteria shall include all of the following:

 

     (a) The recipient's degree of frailty.

 

     (b) The recipient's inability to prepare his or her own meals

 

safely.

 

     (c) Whether the recipient has another care provider available.

 

     (d) Any other qualifications normally necessary for the

 

recipient to receive home delivered meals.

 

     Sec. 1404. The area agencies and local providers may receive

 

and expend fees for the provision of day care, care management,

 

respite care, and certain eligible home- and community-based

 

services. The fees shall be based on a sliding scale, taking client

 

income into consideration. The fees shall be used to expand

 

services.

 


     Sec. 1406. The appropriation of $5,000,000.00 of merit award

 

trust funds to the office of services to the aging for the respite

 

care program shall be allocated in accordance with a long-term care

 

plan developed by the long-term care working group established in

 

section 1657 of 1998 PA 336 upon implementation of the plan. The

 

use of the funds shall be for direct respite care or adult respite

 

care center services. Not more than 9% of the amount allocated

 

under this section shall be expended for administration and

 

administrative purposes.

 

     Sec. 1413. The legislature affirms the commitment to locally-

 

based services. The legislature supports the role of local county

 

board of commissioners in the approval of area agency on aging

 

plans. Local counties may request to change membership in the area

 

agencies on aging if the change is to an area agency on aging that

 

is contiguous to that county pursuant to office of services to the

 

aging policies and procedures for area agency on aging designation.

 

The department shall adjust allocations to area agencies on aging

 

to account for any changes in county membership. The department

 

shall ensure annually that county boards of commissioners are aware

 

that county membership in area agencies on aging can be changed

 

subject to office of services to the aging policies and procedures

 

for area agency on aging designation. The legislature supports the

 

office of services to the aging working with others to provide

 

training to commissioners to better understand and advocate for

 

aging issues. It is the intent of the legislature to prohibit area

 

agencies on aging from providing direct services, other than access

 

services, unless the agencies receive a waiver from the commission

 


on services to the aging. The legislature's intent in this section

 

is conditioned on compliance with federal and state laws, rules,

 

and policies.

 

     Sec. 1416. The legislature strongly affirms the commitment to

 

provide in-home services, resources, and assistance for the frail

 

elderly who are not being served by the Medicaid home- and

 

community-based services waiver program.

 

     Sec. 1417. The department shall provide to the senate and

 

house appropriations subcommittees on community health, senate and

 

house fiscal agencies, and state budget director a report by March

 

30, 2008 that contains all of the following:

 

     (a) The total allocation of all public resources made to each

 

area agency on aging in the state.

 

     (b) Detail on the expenditure of these funds by each area

 

agency on aging broken down by resources devoted to personnel

 

costs, the cost of constructing and maintaining structures owned

 

and operated by the agency, and provision of services to eligible

 

recipients.

 

     Sec. 1418. The department shall ensure that no more than 5% of

 

funds allocated to area agencies on aging are utilized for

 

administrative functions. Area agencies on aging shall provide an

 

amount equivalent to administrative expenditure in previous years

 

over the 5% cap to care and case management services seniors

 

receiving home care.

 

 

 

MICHIGAN FIRST HEALTHCARE PLAN

 

     Sec. 1501. Funds appropriated in part 1 for the Michigan first

 


healthcare plan are contingent upon approval of a waiver from the

 

federal government.

 

     Sec. 1502. Upon approval of a waiver from the federal

 

government for the Michigan first health care plan, the department

 

shall provide the senate and house of representatives

 

appropriations subcommittees on community health, the senate and

 

house fiscal agencies, and the state budget director with a report

 

detailing the process that will be utilized to determine which

 

insurance entities will be selected for participation in the

 

Michigan first health care plan. The department shall not award a

 

single-source contract to a health plan through the Michigan first

 

health care plan. The department shall contract with at least 4

 

insurance entities to provide coverage through the Michigan first

 

health care plan.

 

     Sec. 1503. The department shall provide a copy of the

 

federally approved Michigan first healthcare plan or similar

 

proposal to the house of representatives and senate appropriations

 

subcommittees on community health, the house and senate fiscal

 

agencies, and the state budget director at least 60 days before

 

implementing any portion of the Michigan first healthcare plan or

 

other similar proposal.

 

 

 

MEDICAL SERVICES

 

     Sec. 1601. The cost of remedial services incurred by residents

 

of licensed adult foster care homes and licensed homes for the aged

 

shall be used in determining financial eligibility for the

 

medically needy. Remedial services include basic self-care and

 


rehabilitation training for a resident.

 

     Sec. 1602. Medical services shall be provided to elderly and

 

disabled persons with incomes less than or equal to 100% of the

 

official poverty level, pursuant to the state's option to elect

 

such coverage set out at section 1902(a)(10)(A)(ii) and (m) of title

 

XIX, 42 USC 1396a.

 

     Sec. 1603. (1) The department may establish a program for

 

persons to purchase medical coverage at a rate determined by the

 

department.

 

     (2) The department may receive and expend premiums for the

 

buy-in of medical coverage in addition to the amounts appropriated

 

in part 1.

 

     (3) The premiums described in this section shall be classified

 

as private funds.

 

     Sec. 1604. If an applicant for Medicaid coverage is found to

 

be eligible, the department shall provide payment for all of the

 

Medicaid covered and appropriately authorized services that have

 

been provided to that applicant since the first day of the month in

 

which the applicant filed and the department of human services

 

received the application for Medicaid coverage. Receipt of the

 

application by a local department of human services office is

 

considered the date the application is received. If an application

 

is submitted on the last day of the month and that day falls on a

 

weekend or a holiday and the application is received by the local

 

department of human services office on the first business day

 

following the end of the month, then receipt of the application is

 

considered to have been on the last day of the previous month. As

 


used in this section, "completed application" means an application

 

complete on its face and signed by the applicant regardless of

 

whether the medical documentation required to make an eligibility

 

determination is included.

 

     Sec. 1605. (1) The protected income level for Medicaid

 

coverage determined pursuant to section 106(1)(b)(iii) of the social

 

welfare act, 1939 PA 280, MCL 400.106, shall be 100% of the related

 

public assistance standard.

 

     (2) The department shall notify the senate and house of

 

representatives appropriations subcommittees on community health

 

and the state budget director of any proposed revisions to the

 

protected income level for Medicaid coverage related to the public

 

assistance standard 90 days prior to implementation.

 

     Sec. 1606. For the purpose of guardian and conservator

 

charges, the department of community health may deduct up to $45.00

 

per month as an allowable expense against a recipient's income when

 

determining medical services eligibility and patient pay amounts.

 

     Sec. 1607. (1) An applicant for Medicaid, whose qualifying

 

condition is pregnancy, shall immediately be presumed to be

 

eligible for Medicaid coverage unless the preponderance of evidence

 

in her application indicates otherwise. The applicant who is

 

qualified as described in this subsection shall be allowed to

 

select or remain with the Medicaid participating obstetrician of

 

her choice.

 

     (2) An applicant qualified as described in subsection (1)

 

shall be given a letter of authorization to receive Medicaid

 

covered services related to her pregnancy. All qualifying

 


applicants shall be entitled to receive all medically necessary

 

obstetrical and prenatal care without preauthorization from a

 

health plan. All claims submitted for payment for obstetrical and

 

prenatal care shall be paid at the Medicaid fee-for-service rate in

 

the event a contract does not exist between the Medicaid

 

participating obstetrical or prenatal care provider and the managed

 

care plan. The applicant shall receive a listing of Medicaid

 

physicians and managed care plans in the immediate vicinity of the

 

applicant's residence.

 

     (3) In the event that an applicant, presumed to be eligible

 

pursuant to subsection (1), is subsequently found to be ineligible,

 

a Medicaid physician or managed care plan that has been providing

 

pregnancy services to an applicant under this section is entitled

 

to reimbursement for those services until such time as they are

 

notified by the department that the applicant was found to be

 

ineligible for Medicaid.

 

     (4) If the preponderance of evidence in an application

 

indicates that the applicant is not eligible for Medicaid, the

 

department shall refer that applicant to the nearest public health

 

clinic or similar entity as a potential source for receiving

 

pregnancy-related services.

 

     (5) The department shall develop an enrollment process for

 

pregnant women covered under this section that facilitates the

 

selection of a managed care plan at the time of application.

 

     Sec. 1610. The department of community health shall provide an

 

administrative procedure for the review of cost report grievances

 

by medical services providers with regard to reimbursement under

 


the medical services program. Settlements of properly submitted

 

cost reports shall be paid not later than 9 months from receipt of

 

the final report.

 

     Sec. 1611. (1) For care provided to medical services

 

recipients with other third-party sources of payment, medical

 

services reimbursement shall not exceed, in combination with such

 

other resources, including Medicare, those amounts established for

 

medical services-only patients. The medical services payment rate

 

shall be accepted as payment in full. Other than an approved

 

medical services copayment, no portion of a provider's charge shall

 

be billed to the recipient or any person acting on behalf of the

 

recipient. Nothing in this section shall be considered to affect

 

the level of payment from a third-party source other than the

 

medical services program. The department shall require a

 

nonenrolled provider to accept medical services payments as payment

 

in full.

 

     (2) Notwithstanding subsection (1), medical services

 

reimbursement for hospital services provided to dual

 

Medicare/medical services recipients with Medicare part B coverage

 

only shall equal, when combined with payments for Medicare and

 

other third-party resources, if any, those amounts established for

 

medical services-only patients, including capital payments.

 

     Sec. 1615. Unless prohibited by federal or state law or

 

regulation, the department shall require enrolled Medicaid

 

providers to submit their billings for services electronically.

 

     Sec. 1620. (1) For fee-for-service recipients who do not

 

reside in nursing homes, the pharmaceutical dispensing fee shall be

 


$2.50 or the pharmacy's usual or customary cash charge, whichever

 

is less. For nursing home residents, the pharmaceutical dispensing

 

fee shall be $2.75 or the pharmacy's usual or customary cash

 

charge, whichever is less.

 

     (2) The department shall require a prescription copayment for

 

Medicaid recipients of $1.00 for a generic drug and $3.00 for a

 

brand-name drug, except as prohibited by federal or state law or

 

regulation.

 

     (3) It is the intent of the legislature that if the department

 

realizes savings as the result of the implementation of average

 

manufacturers price for reimbursement of multiple source generic

 

medication dispensing, as imposed pursuant to the federal deficit

 

reduction act of 2005, Public Law 109-171, the savings shall be

 

returned to pharmacies in the form of an increased dispensing fee

 

for medications not to exceed $2.00. The savings shall be

 

calculated as the difference between the current methodology of

 

payment, which is maximum allowable cost, and the proposed new

 

reimbursement method of average manufacturers price.

 

     Sec. 1621. The department may implement prospective drug

 

utilization review and disease management systems. The prospective

 

drug utilization review and disease management systems authorized

 

by this section shall have physician oversight, shall focus on

 

patient, physician, and pharmacist education, and shall be

 

developed in consultation with the national pharmaceutical council,

 

Michigan state medical society, Michigan association of osteopathic

 

physicians, Michigan pharmacists association, Michigan health and

 

hospital association, and Michigan nurses' association.

 


     Sec. 1622. The department shall expand the pharmacy quality

 

improvement program to target inappropriate prescribing of biologic

 

medications.

 

     Sec. 1623. (1) The department shall continue the Medicaid

 

policy that allows for the dispensing of a 100-day supply for

 

maintenance drugs.

 

     (2) The department shall notify all HMOs, physicians,

 

pharmacies, and other medical providers that are enrolled in the

 

Medicaid program that Medicaid policy allows for the dispensing of

 

a 100-day supply for maintenance drugs.

 

     (3) The notice in subsection (2) shall also clarify that a

 

pharmacy shall fill a prescription written for maintenance drugs in

 

the quantity specified by the physician, but not more than the

 

maximum allowed under Medicaid, unless subsequent consultation with

 

the prescribing physician indicates otherwise.

 

     Sec. 1627. (1) The department shall use procedures and rebates

 

amounts specified under section 1927 of title XIX, 42 USC 1396r-8,

 

to secure quarterly rebates from pharmaceutical manufacturers for

 

outpatient drugs dispensed to participants in the MIChild program,

 

maternal outpatient medical services program, children's special

 

health care services, and adult benefit waiver program.

 

     (2) For products distributed by pharmaceutical manufacturers

 

not providing quarterly rebates as listed in subsection (1), the

 

department may require preauthorization.

 

     Sec. 1629. The department shall utilize maximum allowable cost

 

pricing for generic drugs that is based on wholesaler pricing to

 

providers that is available from at least 2 wholesalers who deliver

 


in the state of Michigan.

 

     Sec. 1630. (1) Medicaid coverage for podiatric services, adult

 

dental services, and chiropractic services shall continue at not

 

less than the level in effect on October 1, 2002, except that

 

reasonable utilization limitations may be adopted in order to

 

prevent excess utilization. The department shall not impose

 

utilization restrictions on chiropractic services unless a

 

recipient has exceeded 18 office visits within 1 year.

 

     (2) The department may implement the bulk purchase of hearing

 

aids, impose limitations on binaural hearing aid benefits, and

 

limit the replacement of hearing aids to once every 3 years.

 

     Sec. 1631. (1) The department shall require copayments on

 

dental, podiatric, chiropractic, vision, and hearing aid services

 

provided to Medicaid recipients, except as prohibited by federal or

 

state law or regulation.

 

     (2) Except as otherwise prohibited by federal or state law or

 

regulations, the department shall require Medicaid recipients to

 

pay the following copayments:

 

     (a) Two dollars for a physician office visit.

 

     (b) Six dollars for a hospital emergency room visit.

 

     (c) Fifty dollars for the first day of an inpatient hospital

 

stay.

 

     (d) One dollar for an outpatient hospital visit.

 

     Sec. 1634. From the funds appropriated in part 1 for ambulance

 

services, the department shall continue the 5% increase in payment

 

rates for ambulance services implemented in fiscal year 2000-2001

 

and continue the ground mileage reimbursement rate per statute mile

 


at $4.25.

 

     Sec. 1635. From the funds appropriated in part 1 for physician

 

services and health plan services, the department shall continue

 

the increase in Medicaid reimbursement rates for obstetrical

 

services implemented in fiscal year 2005-2006.

 

     Sec. 1636. From the funds appropriated in part 1 for physician

 

services and health plan services, the department shall continue

 

the increase in Medicaid reimbursement rates for physician well

 

child procedure codes and primary care procedure codes implemented

 

in fiscal year 2006-2007. The increased reimbursement rates in this

 

section shall not exceed the comparable Medicare payment rate for

 

the same services.

 

     Sec. 1637. (1) All adult Medicaid recipients shall be offered

 

the opportunity to sign a Medicaid personal responsibility

 

agreement.

 

     (2) The personal responsibility agreement shall include at

 

minimum the following provisions:

 

     (a) That the recipient shall not smoke.

 

     (b) That the recipient shall attend all scheduled medical

 

appointments.

 

     (c) That the recipient shall exercise regularly.

 

     (d) That if the recipient has children, those children shall

 

be up to date on their immunizations.

 

     (e) That the recipient shall abstain from abusing controlled

 

substances and narcotics.

 

     Sec. 1641. An institutional provider that is required to

 

submit a cost report under the medical services program shall

 


submit cost reports completed in full within 5 months after the end

 

of its fiscal year.

 

     Sec. 1643. Of the funds appropriated in part 1 for graduate

 

medical education in the hospital services and therapy line-item

 

appropriation, not less than $10,359,000.00 shall be allocated for

 

the psychiatric residency training program that establishes and

 

maintains collaborative relations with the schools of medicine at

 

Michigan State University and Wayne State University if the

 

necessary allowable Medicaid matching funds are provided by the

 

universities.

 

     Sec. 1647. From the funds appropriated in part 1 for medical

 

services, the department shall allocate for graduate medical

 

education not less than the level of rates and payments in effect

 

on April 1, 2005.

 

     Sec. 1649. From the funds appropriated in part 1 for medical

 

services, the department shall continue breast and cervical cancer

 

treatment coverage for women up to 250% of the federal poverty

 

level, who are under age 65, and who are not otherwise covered by

 

insurance. This coverage shall be provided to women who have been

 

screened through the centers for disease control breast and

 

cervical cancer early detection program, and are found to have

 

breast or cervical cancer, pursuant to the breast and cervical

 

cancer prevention and treatment act of 2000, Public Law 106-354,

 

114 Stat. 1381.

 

     Sec. 1650. (1) The department may require medical services

 

recipients residing in counties offering managed care options to

 

choose the particular managed care plan in which they wish to be

 


enrolled. Persons not expressing a preference may be assigned to a

 

managed care provider.

 

     (2) Persons to be assigned a managed care provider shall be

 

informed in writing of the criteria for exceptions to capitated

 

managed care enrollment, their right to change HMOs for any reason

 

within the initial 90 days of enrollment, the toll-free telephone

 

number for problems and complaints, and information regarding

 

grievance and appeals rights.

 

     (3) The criteria for medical exceptions to HMO enrollment

 

shall be based on submitted documentation that indicates a

 

recipient has a serious medical condition, and is undergoing active

 

treatment for that condition with a physician who does not

 

participate in 1 of the HMOs. If the person meets the criteria

 

established by this subsection, the department shall grant an

 

exception to mandatory enrollment at least through the current

 

prescribed course of treatment, subject to periodic review of

 

continued eligibility.

 

     Sec. 1651. (1) Medical services patients who are enrolled in

 

HMOs have the choice to elect hospice services or other services

 

for the terminally ill that are offered by the HMOs. If the patient

 

elects hospice services, those services shall be provided in

 

accordance with part 214 of the public health code, 1978 PA 368,

 

MCL 333.21401 to 333.21420.

 

     (2) The department shall not amend the medical services

 

hospice manual in a manner that would allow hospice services to be

 

provided without making available all comprehensive hospice

 

services described in 42 CFR part 418.

 


     Sec. 1653. Implementation and contracting for managed care by

 

the department through HMOs shall be subject to the following

 

conditions:

 

     (a) Continuity of care is assured by allowing enrollees to

 

continue receiving required medically necessary services from their

 

current providers for a period not to exceed 1 year if enrollees

 

meet the managed care medical exception criteria.

 

     (b) The department shall require contracted HMOs to submit

 

data determined necessary for evaluation on a timely basis.

 

     (c) Mandatory enrollment of Medicaid beneficiaries living in

 

counties defined as rural by the federal government, which is any

 

nonurban standard metropolitan statistical area, is allowed if

 

there is only 1 HMO serving the Medicaid population, as long as

 

each Medicaid beneficiary is assured of having a choice of at least

 

2 physicians by the HMO.

 

     (d) Enrollment of recipients of children's special health care

 

services in HMOs shall be voluntary during the fiscal year.

 

     (e) The department shall develop a case adjustment to its rate

 

methodology that considers the costs of persons with HIV/AIDS, end

 

stage renal disease, organ transplants, and other high-cost

 

diseases or conditions and shall implement the case adjustment when

 

it is proven to be actuarially and fiscally sound. Implementation

 

of the case adjustment must be budget neutral.

 

     Sec. 1654. Medicaid HMOs shall provide for reimbursement of

 

HMO covered services delivered other than through the HMO's

 

providers if medically necessary and approved by the HMO,

 

immediately required, and that could not be reasonably obtained

 


through the HMO's providers on a timely basis. Such services shall

 

be considered approved if the HMO does not respond to a request for

 

authorization within 24 hours of the request. Reimbursement shall

 

not exceed the Medicaid fee-for-service payment for those services.

 

     Sec. 1655. (1) The department may require a 12-month lock-in

 

to the HMO selected by the recipient during the initial and

 

subsequent open enrollment periods, but allow for good cause

 

exceptions during the lock-in period.

 

     (2) Medicaid recipients shall be allowed to change HMOs for

 

any reason within the initial 90 days of enrollment.

 

     Sec. 1656. (1) The department shall provide an expedited

 

complaint review procedure for Medicaid eligible persons enrolled

 

in HMOs for situations in which failure to receive any health care

 

service would result in significant harm to the enrollee.

 

     (2) The department shall provide for a toll-free telephone

 

number for Medicaid recipients enrolled in managed care to assist

 

with resolving problems and complaints. If warranted, the

 

department shall immediately disenroll persons from managed care

 

and approve fee-for-service coverage.

 

     Sec. 1657. (1) Reimbursement for medical services to screen

 

and stabilize a Medicaid recipient, including stabilization of a

 

psychiatric crisis, in a hospital emergency room shall not be made

 

contingent on obtaining prior authorization from the recipient's

 

HMO. If the recipient is discharged from the emergency room, the

 

hospital shall notify the recipient's HMO within 24 hours of the

 

diagnosis and treatment received.

 

     (2) If the treating hospital determines that the recipient

 


will require further medical service or hospitalization beyond the

 

point of stabilization, the hospital must receive authorization

 

from the recipient's HMO prior to admitting the recipient.

 

     (3) Subsections (1) and (2) shall not be construed as a

 

requirement to alter an existing agreement between an HMO and its

 

contracting hospitals or as a requirement that an HMO must

 

reimburse for services that are not considered to be medically

 

necessary.

 

     (4) Prior to contracting with an HMO for managed care services

 

that did not have a contract with the department before October 1,

 

2002, the department shall receive assurances from the office of

 

financial and insurance services that the HMO meets the net worth

 

and financial solvency requirements contained in chapter 35 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3501 to 500.3580.

 

     (5) The department shall provide a report to the senate and

 

house appropriations subcommittees on community health and senate

 

and house fiscal agencies examining how payment policies in the

 

current Medicaid program create financial incentives for health

 

facilities to admit recipients from the emergency room. The report

 

shall include recommendations for changes in Medicaid policy and

 

state statute that can mitigate the effect of these incentives and

 

reduce nonemergency use of emergency rooms.

 

     Sec. 1658. (1) HMOs shall have contracts with hospitals within

 

a reasonable distance from their enrollees. If a hospital does not

 

contract with the HMO in its service area, that hospital shall

 

enter into a hospital access agreement as specified in the MSA

 

bulletin Hospital 01-19.

 


     (2) A hospital access agreement specified in subsection (1)

 

shall be considered an affiliated provider contract pursuant to the

 

requirements contained in chapter 35 of the insurance code of 1956,

 

1956 PA 218, MCL 500.3501 to 500.3580.

 

     Sec. 1659. The following sections of this article are the only

 

ones that shall apply to the following Medicaid managed care

 

programs, including the comprehensive plan, MIChoice long-term care

 

plan, and the mental health, substance abuse, and developmentally

 

disabled services program: 401, 402, 404, 411, 414, 418, 424, 428,

 

456, 1650, 1651, 1653, 1654, 1655, 1656, 1657, 1658, 1660, 1661,

 

1662, 1666, 1699, 1711, 1749, and 1752.

 

     Sec. 1660. (1) The department shall assure that all Medicaid

 

children have timely access to EPSDT services as required by

 

federal law. Medicaid HMOs shall provide EPSDT services to their

 

child members in accordance with Medicaid EPSDT policy.

 

     (2) The primary responsibility of assuring a child's hearing

 

and vision screening is with the child's primary care provider. The

 

primary care provider shall provide age-appropriate screening or

 

arrange for these tests through referrals to local health

 

departments. Local health departments shall provide preschool

 

hearing and vision screening services and accept referrals for

 

these tests from physicians or from Head Start programs in order to

 

assure all preschool children have appropriate access to hearing

 

and vision screening. Local health departments shall be reimbursed

 

for the cost of providing these tests for Medicaid eligible

 

children by the Medicaid program.

 

     (3) The department shall require Medicaid HMOs to provide

 


EPSDT utilization data through the encounter data system, and

 

health employer data and information set well child health measures

 

in accordance with the National Committee on Quality Assurance

 

prescribed methodology.

 

     (4) The department shall require HMOs to be responsible for

 

well child visits and maternal and infant support services as

 

described in Medicaid policy. These responsibilities shall be

 

specified in the information distributed by the HMOs to their

 

members.

 

     (5) The department shall provide, on an annual basis, budget

 

neutral incentives to Medicaid HMOs and local health departments to

 

improve performance on measures related to the care of children and

 

pregnant women.

 

     Sec. 1661. (1) The department shall assure that all Medicaid

 

eligible children and pregnant women have timely access to MSS/ISS

 

services. Medicaid HMOs shall assure that maternal support service

 

screening is available to their pregnant members and that those

 

women found to meet the maternal support service high-risk criteria

 

are offered maternal support services. Local health departments

 

shall assure that maternal support service screening is available

 

for Medicaid pregnant women not enrolled in an HMO and that those

 

women found to meet the maternal support service high-risk criteria

 

are offered maternal support services or are referred to a

 

certified maternal support service provider.

 

     (2) The department shall prohibit HMOs from requiring prior

 

authorization of their contracted providers for any EPSDT screening

 

and diagnosis service, for any MSS/ISS screening referral, or for

 


up to 3 MSS/ISS service visits.

 

     (3) The department shall assure the coordination of MSS/ISS

 

services with the WIC program, state-supported substance abuse,

 

smoking prevention, and violence prevention programs, the

 

department of human services, and any other state or local program

 

with a focus on preventing adverse birth outcomes and child abuse

 

and neglect.

 

     Sec. 1662. (1) The department shall assure that an external

 

quality review of each contracting HMO is performed that results in

 

an analysis and evaluation of aggregated information on quality,

 

timeliness, and access to health care services that the HMO or its

 

contractors furnish to Medicaid beneficiaries.

 

     (2) The department shall provide a copy of the analysis of the

 

Medicaid HMO annual audited employer data and information set

 

reports and the annual external quality review report to the senate

 

and house appropriations subcommittees on community health, the

 

senate and house fiscal agencies, and the state budget director,

 

within 30 days of the department's receipt of the final reports

 

from the contractors.

 

     (3) The department shall work with the Michigan association of

 

health plans and the Michigan association for local public health

 

to improve service delivery and coordination in the MSS/ISS and

 

EPSDT programs. The department shall provide a report to the senate

 

and house appropriations subcommittees on community health and

 

senate and house fiscal agencies on the results of this cooperation

 

by June 25, 2008.

 

     (4) The department shall assure that training and technical

 


assistance are available for EPSDT and MSS/ISS for Medicaid health

 

plans, local health departments, and MSS/ISS contractors.

 

     Sec. 1670. (1) The appropriation in part 1 for the MIChild

 

program is to be used to provide comprehensive health care to all

 

children under age 19 who reside in families with income at or

 

below 200% of the federal poverty level, who are uninsured and have

 

not had coverage by other comprehensive health insurance within 6

 

months of making application for MIChild benefits, and who are

 

residents of this state. The department shall develop detailed

 

eligibility criteria through the medical services administration

 

public concurrence process, consistent with the provisions of this

 

article. Health coverage for children in families between 150% and

 

200% of the federal poverty level shall be provided through a

 

state-based private health care program.

 

     (2) The department may provide up to 1 year of continuous

 

eligibility to children eligible for the MIChild program unless the

 

family fails to pay the monthly premium, a child reaches age 19, or

 

the status of the children's family changes and its members no

 

longer meet the eligibility criteria as specified in the federally

 

approved MIChild state plan.

 

     (3) Children whose category of eligibility changes between the

 

Medicaid and MIChild programs shall be assured of keeping their

 

current health care providers through the current prescribed course

 

of treatment for up to 1 year, subject to periodic reviews by the

 

department if the beneficiary has a serious medical condition and

 

is undergoing active treatment for that condition.

 

     (4) To be eligible for the MIChild program, a child must be

 


residing in a family with an adjusted gross income of less than or

 

equal to 200% of the federal poverty level. The department's

 

verification policy shall be used to determine eligibility.

 

     (5) The department shall enter into a contract to obtain

 

MIChild services from any HMO, dental care corporation, or any

 

other entity that offers to provide the managed health care

 

benefits for MIChild services at the MIChild capitated rate. As

 

used in this subsection:

 

     (a) "Dental care corporation", "health care corporation",

 

"insurer", and "prudent purchaser agreement" mean those terms as

 

defined in section 2 of the prudent purchaser act, 1984 PA 233, MCL

 

550.52.

 

     (b) "Entity" means a health care corporation or insurer

 

operating in accordance with a prudent purchaser agreement.

 

     (6) The department may enter into contracts to obtain certain

 

MIChild services from community mental health service programs.

 

     (7) The department may make payments on behalf of children

 

enrolled in the MIChild program from the line-item appropriation

 

associated with the program as described in the MIChild state plan

 

approved by the United States department of health and human

 

services, or from other medical services.

 

     Sec. 1671. From the funds appropriated in part 1, the

 

department shall continue a comprehensive approach to the marketing

 

and outreach of the MIChild program. The marketing and outreach

 

required under this section shall be coordinated with current

 

outreach, information dissemination, and marketing efforts and

 

activities conducted by the department.

 


     Sec. 1673. The department may establish premiums for MIChild

 

eligible persons in families with income above 150% of the federal

 

poverty level. The monthly premiums shall not be less than $10.00

 

or exceed $15.00 for a family.

 

     Sec. 1677. The MIChild program shall provide all benefits

 

available under the state employee insurance plan that are

 

delivered through contracted providers and consistent with federal

 

law, including, but not limited to, the following medically

 

necessary services:

 

     (a) Inpatient mental health services, other than substance

 

abuse treatment services, including services furnished in a state-

 

operated mental hospital and residential or other 24-hour

 

therapeutically planned structured services.

 

     (b) Outpatient mental health services, other than substance

 

abuse services, including services furnished in a state-operated

 

mental hospital and community-based services.

 

     (c) Durable medical equipment and prosthetic and orthotic

 

devices.

 

     (d) Dental services as outlined in the approved MIChild state

 

plan.

 

     (e) Substance abuse treatment services that may include

 

inpatient, outpatient, and residential substance abuse treatment

 

services.

 

     (f) Care management services for mental health diagnoses.

 

     (g) Physical therapy, occupational therapy, and services for

 

individuals with speech, hearing, and language disorders.

 

     (h) Emergency ambulance services.

 


     Sec. 1680. (1) Payment increases for enhanced wages and new or

 

enhanced employee benefits provided in previous years through the

 

Medicaid nursing home wage pass-through program shall be continued

 

in fiscal year 2007-2008.

 

     (2) The department shall not implement any increase or

 

decrease in the Medicaid nursing home wage pass-through program in

 

fiscal year 2007-2008.

 

     Sec. 1681. From the funds appropriated in part 1 for home- and

 

community-based services, the department and local waiver agents

 

shall encourage the use of family members, friends, and neighbors

 

of home- and community-based services participants, where

 

appropriate, to provide homemaker services, meal preparation,

 

transportation, chore services, and other nonmedical covered

 

services to participants in the Medicaid home- and community-based

 

services program. This section shall not be construed as allowing

 

for the payment of family members, friends, or neighbors for these

 

services unless explicitly provided for in federal or state law.

 

     Sec. 1682. (1) The department shall implement enforcement

 

actions as specified in the nursing facility enforcement provisions

 

of section 1919 of title XIX, 42 USC 1396r.

 

     (2) From the money received as the result of noncompliance

 

with medical services certification regulations, $1,300,000.00

 

shall be appropriated to a health care management company to

 

compile results of a survey to evaluate the quality of care and

 

level of satisfaction of nursing home residents, their families,

 

and employees. Additional penalty money, characterized as private

 

funds, received by the department shall increase authorizations and

 


allotments in the long-term care accounts.

 

     (3) The department is authorized to provide civil monetary

 

penalty funds to the disability network of Michigan to be

 

distributed to the 15 centers for independent living for the

 

purpose of assisting individuals with disabilities who reside in

 

nursing homes to return to their own homes.

 

     (4) Any unexpended penalty money, at the end of the year,

 

shall carry forward to the following year.

 

     Sec. 1683. The department shall promote activities that

 

preserve the dignity and rights of terminally ill and chronically

 

ill individuals. Priority shall be given to programs, such as

 

hospice, that focus on individual dignity and quality of care

 

provided persons with terminal illness and programs serving persons

 

with chronic illnesses that reduce the rate of suicide through the

 

advancement of the knowledge and use of improved, appropriate pain

 

management for these persons; and initiatives that train health

 

care practitioners and faculty in managing pain, providing

 

palliative care, and suicide prevention.

 

     Sec. 1684. (1) Of the funds appropriated in part 1 for the

 

Medicaid home- and community-based services waiver program, the

 

payment rate allocated for administrative expenses for fiscal year

 

2007-2008 shall continue at the rate implemented in fiscal year

 

2005-2006 after the $2.00 per person per day mandated reduction.

 

     (2) The savings realized from continuing the reduced

 

administrative rate shall be reallocated to increase enrollment in

 

the waiver program and to provide direct services to eligible

 

program participants.

 


     (3) The department shall provide a report by April 1, 2008 to

 

the house of representatives and senate appropriations

 

subcommittees on community health and the house and senate fiscal

 

agencies on the number of nursing home patients discharged who are

 

subsequently enrolled in the Medicaid home- and community-based

 

services waiver program, and the associated cost savings.

 

     Sec. 1685. All nursing home rates, class I and class III, must

 

have their respective fiscal year rate set 30 days prior to the

 

beginning of their rate year. Rates may take into account the most

 

recent cost report prepared and certified by the preparer, provider

 

corporate owner or representative as being true and accurate, and

 

filed timely, within 5 months of the fiscal year end in accordance

 

with Medicaid policy. If the audited version of the last report is

 

available, it shall be used. Any rate factors based on the filed

 

cost report may be retroactively adjusted upon completion of the

 

audit of that cost report.

 

     Sec. 1686. (1) The department shall submit a report by October

 

1, 2007 to the house and senate appropriations subcommittees on

 

community health and the house and senate fiscal agencies on the

 

progress of 4 Medicaid long-term care single point of entry

 

services pilot projects. The department shall also submit a final

 

plan to the house and senate subcommittees on community health and

 

the house and senate fiscal agencies 60 days prior to any expansion

 

of the program.

 

     (2) In addition to the report required under subsection (1),

 

the department shall report all of the following to the house and

 

senate appropriations subcommittees on community health and the

 


house and senate fiscal agencies by September 30, 2008:

 

     (a) The total cost of the single point of entry program.

 

     (b) The total cost of each designated single point of entry.

 

     (c) The total amount of Medicaid dollars saved because of the

 

program.

 

     (d) The total number of emergent single point of entry cases

 

involving transfer from hospital settings to long-term care

 

settings and the average length of time for placement of those

 

cases in long-term care settings.

 

     (3) It is the intent of the legislature that funding for

 

single point of entry for long-term care end on September 30, 2008

 

     (4) Funds appropriated for the financing of the Medicaid long-

 

term care single point of entry services pilot projects are

 

contingent upon legislative receipt of the report required in

 

subsection (1).

 

     (5) As used in this section, "single point of entry" means a

 

system that enables consumers to access Medicaid long-term care

 

services and supports through 1 agency or organization and that

 

promotes consumer education and choice of long-term care options.

 

     Sec. 1687. (1) From the funds appropriated in part 1 for long-

 

term care services, the department shall contract with a stand-

 

alone psychiatric facility that provides at least 20% of its total

 

care to Medicaid recipients to provide access to Medicaid

 

recipients who require specialized Alzheimer's disease or dementia

 

care.

 

     (2) The department shall report to the senate and house

 

appropriations subcommittees on community health and the senate and

 


house fiscal agencies on the effectiveness of the contract required

 

under subsection (1) to improve the quality of services to Medicaid

 

recipients.

 

     Sec. 1688. The department shall not impose a limit on per unit

 

reimbursements to service providers that provide personal care or

 

other services under the Medicaid home- and community-based

 

services waiver program for the elderly and disabled. The

 

department's per day per client reimbursement cap calculated in the

 

aggregate for all services provided under the Medicaid home- and

 

community-based services waiver is not a violation of this section.

 

     Sec. 1689. (1) Priority in enrolling additional persons in the

 

Medicaid home- and community-based services waiver program shall be

 

given to those who are currently residing in nursing homes or who

 

are eligible to be admitted to a nursing home if they are not

 

provided home- and community-based services. The department shall

 

use screening and assessment procedures to assure that no

 

additional Medicaid eligible persons are admitted to nursing homes

 

who would be more appropriately served by the Medicaid home- and

 

community-based services waiver program.

 

     (2) Within 30 days of the end of each fiscal quarter, the

 

department shall provide a report to the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies that details existing and future allocations

 

for the home- and community-based services waiver program by

 

regions as well as the associated expenditures. The report shall

 

include information regarding the net cost savings from moving

 

individuals from a nursing home to the home- and community-based

 


services waiver program, the number of individuals transitioned

 

from nursing homes to the home- and community-based services waiver

 

program, the number of individuals on waiting lists by region for

 

the program, and the amount of funds transferred during the fiscal

 

quarter. The report shall also include the number of Medicaid

 

individuals served and the number of days of care for the home- and

 

community-based services waiver program and in nursing homes.

 

     Sec. 1691. The funding increase provided in fiscal year 2006-

 

2007 for the adult home help program shall be passed through to

 

adult home help workers subject to the following conditions:

 

     (a) Adult home help workers providing care under the adult

 

home help program shall receive a wage of at least $7.25 per hour

 

in all counties, effective October 1, 2007 until June 30, 2008.

 

Adult home help workers providing care under the adult home help

 

program shall receive a wage of at least $7.50 per hour in all

 

counties effective July 1, 2008.

 

     (b) The department, in conjunction with the department of

 

human services, shall revise any policies, rules, procedures, or

 

regulations that may be an administrative barrier to the

 

implementation of the wage adjustments described in this section.

 

     Sec. 1692. (1) The department of community health is

 

authorized to pursue reimbursement for eligible services provided

 

in Michigan schools from the federal Medicaid program. The

 

department and the state budget director are authorized to

 

negotiate and enter into agreements, together with the department

 

of education, with local and intermediate school districts

 

regarding the sharing of federal Medicaid services funds received

 


for these services. The department is authorized to receive and

 

disburse funds to participating school districts pursuant to such

 

agreements and state and federal law.

 

     (2) From the funds appropriated in part 1 for medical services

 

school services payments, the department is authorized to do all of

 

the following:

 

     (a) Finance activities within the medical services

 

administration related to this project.

 

     (b) Reimburse participating school districts pursuant to the

 

fund-sharing ratios negotiated in the state-local agreements

 

authorized in subsection (1).

 

     (c) Offset general fund costs associated with the medical

 

services program.

 

     Sec. 1693. The special Medicaid reimbursement appropriation in

 

part 1 may be increased if the department submits a medical

 

services state plan amendment pertaining to this line item at a

 

level higher than the appropriation. The department is authorized

 

to appropriately adjust financing sources in accordance with the

 

increased appropriation.

 

     Sec. 1694. The department of community health shall distribute

 

$695,000.00 to children's hospitals that have a high indigent care

 

volume. The amount to be distributed to any given hospital shall be

 

based on a formula determined by the department of community

 

health.

 

     Sec. 1695. (1) The department shall establish a workgroup to

 

design and implement changes in Medicaid reimbursement to nursing

 

facilities that account for case mix by October 1, 2008. The

 


workgroup will include representatives from the department, the

 

health care association of Michigan, the Michigan county medical

 

care facility council, and the Michigan association of homes and

 

services for the aging.

 

     (2) The department shall provide updates on the progress of

 

the workgroup quarterly to the senate and house appropriations

 

subcommittees on community health and to the senate and house

 

fiscal agencies.

 

     Sec. 1697. (1) As may be allowed by federal law or regulation,

 

the department may use funds provided by a local or intermediate

 

school district, which have been obtained from a qualifying health

 

system, as the state match required for receiving federal Medicaid

 

or children health insurance program funds. Any such funds received

 

shall be used only to support new school-based or school-linked

 

health services.

 

     (2) A qualifying health system is defined as any health care

 

entity licensed to provide health care services in the state of

 

Michigan, that has entered into a contractual relationship with a

 

local or intermediate school district to provide or manage school-

 

based or school-linked health services.

 

     Sec. 1699. The department may make separate payments directly

 

to qualifying hospitals serving a disproportionate share of

 

indigent patients in the amount of $50,000,000.00, and to hospitals

 

providing graduate medical education training programs. If direct

 

payment for GME and DSH is made to qualifying hospitals for

 

services to Medicaid clients, hospitals will not include GME costs

 

or DSH payments in their contracts with HMOs.

 


     Sec. 1710. Any proposed changes by the department to the

 

MIChoice home and community-based services waiver program screening

 

process shall be provided to the members of the house and senate

 

appropriations subcommittees on community health 60 days prior to

 

implementation of the proposed changes.

 

     Sec. 1712. (1) Subject to the availability of funds, the

 

department shall implement a rural health initiative. Available

 

funds shall first be allocated as an outpatient adjustor payment to

 

be paid directly to hospitals in rural counties in proportion to

 

each hospital's Medicaid and indigent patient population.

 

Additional funds, if available, shall be allocated for

 

defibrillator grants, EMT training and support, or other similar

 

programs.

 

     (2) Except as otherwise specified in this section, "rural"

 

means a county, city, village, or township with a population of not

 

more than 30,000, including those entities if located within a

 

metropolitan statistical area.

 

     Sec. 1713. (1) The department, in conjunction with the

 

Michigan dental association, shall undertake a study to determine

 

the level of participation by Michigan licensed dentists in the

 

state's Medicaid program. The study shall identify the distribution

 

of dentists throughout the state, the volume of Medicaid recipients

 

served by each participating dentist, and areas in the state

 

underserved for dental services.

 

     (2) The study described in subsection (1) shall also include

 

an assessment of what factors may be related to the apparent low

 

participation by dentists in the Medicaid program, and the study

 


shall make recommendations as to how these barriers to

 

participation may be reduced or eliminated.

 

     (3) This study shall be provided to the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies no later than April 1, 2008.

 

     Sec. 1716. The department shall seek to maintain a constant

 

enrollment level within the Medicaid adult benefits waiver program

 

throughout fiscal year 2007-2008.

 

     Sec. 1717. (1) The department shall create 2 pools for

 

distribution of disproportionate share hospital funding. The first

 

pool, totaling $45,000,000.00, shall be distributed using the

 

distribution methodology used in fiscal year 2003-2004. The second

 

pool, totaling $5,000,000.00, shall be distributed to nonpublic

 

unaffiliated hospitals and hospital systems that received less than

 

$900,000.00 in disproportionate share hospital payments in fiscal

 

year 2003-2004 based on a formula that is weighted proportional to

 

the product of each eligible system's Medicaid revenue and each

 

eligible system's Medicaid utilization, except that no payment of

 

less than $1,000 shall be made.

 

     (2) By September 30, 2008, the department shall report to the

 

senate and house appropriations subcommittee on community health

 

and the senate and house fiscal agencies on the new distribution of

 

funding to each eligible hospital from the 2 pools.

 

     Sec. 1718. The department shall provide each Medicaid adult

 

home help beneficiary or applicant with the right to a fair hearing

 

when the department or its agent reduces, suspends, terminates, or

 

denies adult home help services. If the department takes action to

 


reduce, suspend, terminate, or deny adult home help services, it

 

shall provide the beneficiary or applicant with a written notice

 

that states what action the department proposes to take, the

 

reasons for the intended action, the specific regulations that

 

support the action, and an explanation of the beneficiary's or

 

applicant's right to an evidentiary hearing and the circumstances

 

under which those services will be continued if a hearing is

 

requested.

 

     Sec. 1720. The department shall continue its Medicare recovery

 

program.

 

     Sec. 1721. The department shall conduct a review of Medicaid

 

eligibility pertaining to funds prepaid to a nursing home or other

 

health care facility that are subsequently returned to an

 

individual who becomes Medicaid eligible and shall report its

 

findings to the members of the house and senate appropriations

 

subcommittees on community health and the house and senate fiscal

 

agencies not later than May 15, 2008. Included in its report shall

 

be recommendations for policy and procedure changes regarding

 

whether any funds prepaid to a nursing home or other health care

 

facility that are subsequently returned to an individual, after the

 

date of Medicaid eligibility and patient pay amount determination,

 

shall be considered as a countable asset and recommendations for a

 

mechanism for departmental monitoring of those funds.

 

     Sec. 1722. (1) From the funds appropriated in part 1 for

 

special Medicaid reimbursement payments, the department is

 

authorized to make a disproportionate share payment of

 

$33,167,700.00 for health services provided by Hutzel Hospital.

 


     (2) The funding authorized under subsection (1) shall only be

 

expended if the necessary Medicaid matching funds are provided by,

 

or on behalf of, the hospital as allowable state match.

 

     Sec. 1724. The department shall allow licensed pharmacies to

 

purchase injectable drugs for the treatment of respiratory

 

syncytial virus for shipment to physicians' offices to be

 

administered to specific patients. If the affected patients are

 

Medicaid eligible, the department shall reimburse pharmacies for

 

the dispensing of the injectable drugs and reimburse physicians for

 

the administration of the injectable drugs.

 

     Sec. 1725. The department shall continue to work with the

 

department of human services to reduce Medicaid eligibility errors

 

related to basic eligibility requirements and income requirements.

 

The department shall provide a report to the senate and house

 

appropriations subcommittees on community health and senate and

 

house fiscal agencies by March 1, 2008 on the results of this

 

effort.

 

     Sec. 1728. The department shall make available to qualifying

 

Medicaid recipients, not based on Medicare guidelines, freestanding

 

electrical lifting and transferring devices.

 

     Sec. 1732. The department shall assure that, if proposed

 

modifications to the quality assurance assessment program for

 

nursing homes are not implemented, the projected general

 

fund/general purpose savings shall not be achieved through

 

reductions in nursing home reimbursement rates.

 

     Sec. 1733. The department shall seek additional federal funds

 

to permit the state to provide financial support for electronic

 


prescribing and other health information technology initiatives.

 

     Sec. 1734. The department shall seek federal funds that will

 

permit the state to provide financial incentives for positive

 

health behavior practiced by Medicaid recipients. The structure of

 

this incentive program may be similar to programs in other states

 

that authorize monetary rewards to be deposited in individual

 

accounts for Medicaid recipients who demonstrate positive changes

 

in health behavior.

 

     Sec. 1738. The department shall explore ways to increase the

 

federal disproportionate share hospital cap. The department shall

 

provide a report to the senate and house appropriations

 

subcommittees on community health and senate and house fiscal

 

agencies by March 1, 2008 on the results of this effort.

 

     Sec. 1739. (1) The department shall continue to establish

 

medical outcome targets for the 10 most prevalent and costly

 

ailments affecting Medicaid recipients. The department may use

 

indicators that recipients are successfully managing chronic

 

disease, measures of recipient compliance with treatment plans, and

 

studies of the proportion of Medicaid providers who follow

 

established best practices in treating chronic disease as possible

 

medical outcome target measures. The department shall make bonus

 

payments, independent of HMO rate adjustments utilized in fiscal

 

year 2005-2006, available to Medicaid HMOs that meet these outcome

 

targets.

 

     (2) The department shall provide a report to the senate and

 

house appropriations subcommittees on community health and senate

 

and house fiscal agencies by March 1, 2008 on the results of this

 


effort.

 

     Sec. 1740. From the funds appropriated in part 1 for health

 

plan services, the department shall assure that all GME funds are

 

promptly distributed to qualifying hospitals using a methodology

 

developed in consultation with the graduate medical education

 

advisory group. The advisory group shall include representatives of

 

the Michigan health and hospital association and Michigan

 

association of health plans.

 

     Sec. 1741. The department shall continue to provide nursing

 

homes the opportunity to receive interim payments upon their

 

request. The department shall make efforts to ensure that the

 

interim payments are as similar to expected cost-settled payments

 

as possible.

 

     Sec. 1742. The department shall allow the retention of

 

$1,000,000.00 in special Medicaid reimbursement funding by any

 

public hospital that meets each of the following criteria:

 

     (a) The hospital participates in the intergovernmental

 

transfers.

 

     (b) The hospital is not affiliated with a university.

 

     (c) The hospital provides surgical services.

 

     (d) The hospital has at least 10,000 Medicaid bed days.

 

     Sec. 1747. In order to be reimbursed for adult home help

 

services provided to Medicaid recipients, the matching of adult

 

home help providers with service recipients shall be coordinated by

 

the local county department of human services.

 

     Sec. 1749. Effective September 30, 2007, the department shall

 

require all Medicaid health plans to use the same standard billing

 


formats.

 

     Sec. 1751. The department shall provide a report by April 1,

 

2008 to the house and senate appropriations subcommittees on

 

community health and the house and senate fiscal agencies on

 

establishing Medicaid diagnosis related group rates based upon fee-

 

for-service and health plan costs. It is the intent of the

 

legislature to reduce the departmental administration and

 

management line by $50,000.00 if this report is not provided by the

 

date required in this section.

 

     Sec. 1752. The department shall provide a Medicaid health plan

 

with any information that may assist the Medicaid health plan in

 

determining whether another party may be responsible, in whole or

 

in part, for the payment of health benefits.

 

     Sec. 1753. The department shall take steps to obtain data from

 

auto insurers on insurance payouts for health care claims. If the

 

auto insurers do not voluntarily release the information upon

 

request, the department shall propose legislation to require those

 

insurers to disclose that information upon request. The department

 

shall provide the information received under this section to

 

Medicaid health plans. The department shall provide a report to the

 

senate and house appropriations subcommittees on community health

 

and senate and house fiscal agencies by March 1, 2008 on the

 

results of this effort.

 

     Sec. 1756. Not later than March 1, 2008, the department shall

 

establish and implement a specialized case and care management

 

program to serve the most costly Medicaid beneficiaries who are not

 

enrolled in a health plan and are noncompliant with medical

 


management, including persons with chronic diseases and mental

 

health diagnoses, high prescription drug utilizers, members

 

demonstrating noncompliance with previous medical management, and

 

neonates. The case and care management program shall, at a minimum,

 

provide a performance payment incentive for physicians who manage

 

the recipient's care and health costs in the most effective way.

 

The department may also develop additional contractual arrangements

 

with 1 or more Medicaid HMOs for the provision of specialized case

 

management services. Contracts with Medicaid HMOs may include

 

provisions requiring collection of data related to Medicaid

 

recipient compliance. Measures of patient compliance may include

 

the proportion of clients who fill their prescriptions, the rate of

 

clients who do not show for scheduled medical appointments, and the

 

proportion of clients who use their medication.

 

     Sec. 1757. The department shall direct the department of human

 

services to obtain proof from all Medicaid recipients that they are

 

legal United States citizens or otherwise legally residing in this

 

country before approving Medicaid eligibility.

 

     Sec. 1758. The department shall submit a report on the number

 

of individuals who receive the emergency services only Medicaid

 

benefit and the annual amount of Medicaid expenditures for this

 

population to the house and senate appropriations subcommittees on

 

community health and the house and senate fiscal agencies by April

 

1, 2008. It is the intent of the legislature to reduce the

 

departmental administration and management line by $50,000.00 if

 

this report is not provided by the date provided in this section.

 

     Sec. 1759. The department shall implement the following policy

 


changes included in the federal deficit reduction act of 2005,

 

Public Law 109-171:

 

     (a) Lengthening the look back policy for asset transfers from

 

3 to 5 years.

 

     (b) Changing the penalty period to begin the day an individual

 

applies for Medicaid.

 

     (c) Individuals with more than $500,000.00 in home equity do

 

not qualify for Medicaid.

 

     (d) Utilize the Medicaid false claim act, 1977 PA 72, MCL

 

400.601 to 400.613, to collect an enhanced state share of damages

 

collected from entities that have been successfully prosecuted for

 

filing a fraudulent Medicaid claim.

 

     Sec. 1761. (1) The department shall distribute all funds

 

recovered by the medical services administration from prior and

 

future Medicaid access to care initiative payments exceeding the

 

hospital upper payment limit for inpatient and outpatient services

 

to a hospital that meets any of the following characteristics:

 

     (a) Is located in a rural county as determined by the most

 

recent United States census or is located in a city or a village or

 

township with a population of not more than 12,000 in a county with

 

a population with not more than 70,000 as of the official federal

 

2000 decennial census.

 

     (b) Is a Medicare sole community hospital.

 

     (c) Is a Medicare dependent hospital and rural referral center

 

hospital.

 

     (2) The distribution under subsection (1) shall be based upon

 

each hospital's Medicaid fee-for-service and HMO payments as

 


developed in consultation with rural hospitals and the Michigan

 

health and hospital association.

 

     Sec. 1763. In order to reduce healthcare costs, the department

 

shall adopt an interoperable hub that provides secure aggregation

 

and access to medication history data through the use of an

 

existing, outsourced health information exchange infrastructure.

 

The infrastructure will provide cross domain single sign-on

 

allowing for realtime, data aggregation across disparate

 

organizations and system. Funds appropriated in part 1 will be used

 

to fund a risk adverse, budget-neutral 10-month production pilot in

 

Southeast Michigan with a Michigan-based service provider.

 

     Sec. 1764. The department will annually certify rates paid to

 

Medicaid health plans as being actuarially sound in accordance with

 

federal requirements and will provide a copy of the rate

 

certification and approval immediately to the house of

 

representatives and senate appropriations subcommittees on

 

community health and the house and senate fiscal agencies.

 

     Sec. 1767. The department shall study and evaluate the impact

 

of the change in the way in which the Medicaid program pays

 

pharmacists for prescriptions from average wholesale price to

 

average manufacturer price as required by the federal deficit

 

reduction act of 2005, Public Law 109-171. By March 1, 2008, the

 

department shall submit a report of its study to the senate and

 

house of representatives appropriations subcommittees on community

 

health and the senate and house fiscal agencies. If the department

 

finds that there is a negative impact on the pharmacists, the

 

department shall reexamine the current pharmaceutical dispensing

 


fee structure established under section 1620 and include in the

 

report recommendations and proposals to counter the negative impact

 

of that federal legislation.

 

     Sec. 1770. The department shall evaluate the likely impact of

 

modifying the structure of the state's Medicaid program to link

 

payment for health services to a priority list established by an

 

independent commission. This study shall be submitted to the senate

 

and house appropriations subcommittees and the senate and house

 

fiscal agencies by March 1, 2008.

 

     Sec. 1771. The department shall only make disproportionate

 

share hospital payments available to health facilities that

 

participate in data sharing or outcome measurement programs.

 

     Sec. 1772. From the funds appropriated in part 1, the

 

department shall establish a program on or before January 1, 2008,

 

the primary goal of which is to enroll all children in foster care

 

in Michigan in a Medicaid health maintenance organization.

 

     Sec. 1773. The department shall establish and implement a bid

 

process to identify a single private contractor to provide Medicaid

 

covered nonemergency transportation services in each county with a

 

population over 500,000 individuals.

 

     Sec. 1774. The department shall provide the senate and house

 

appropriations subcommittees on community health and the senate and

 

house fiscal agencies by March 1, 2008 a report that details all of

 

the following:

 

     (a) Expenditure of money follows the person funds to date.

 

     (b) Estimated general fund savings generated through use of

 

money follows the person.

 


     (c) Total number of individuals receiving services through the

 

money follows the person grant.

 

     Sec. 1775. (1) The department shall study the feasibility of

 

using managed care organizations to deliver Medicaid long-term care

 

services. The study shall focus upon the following:

 

     (a) If there are a sufficient number of managed care

 

organizations interested in providing these services.

 

     (b) The extent of services provided through Medicaid managed

 

long-term care.

 

     (c) Estimated changes in Medicaid long-term care expenditure

 

associated with implementing managed care for these services.

 

     (2) The department shall report the results of this study to

 

the senate and house appropriations subcommittees on community

 

health and the senate and house fiscal agencies by June 1, 2008.

 

     Sec. 1776. If the department continues to utilize the Medicare

 

outpatient prospective payment system methodology to reimburse

 

hospitals for Medicaid clients seen in the outpatient setting

 

including the emergency room, then the Medicaid reduction factor

 

utilized by the department to compute the amount of payment made by

 

Medicaid health plans to hospitals must be revenue neutral and

 

actuarially sound.

 

     Sec. 1777. From the funds appropriated in part 1 for long-term

 

care services, the department shall permit nursing homes to use a

 

dining assistant to feed residents who need assistance or

 

encouragement with eating but do not have complicated feeding

 

problems including, but not limited to, difficulty swallowing,

 

recurring lung aspirations, tube or parenteral feedings, or

 


behavioral issues that may compromise nutritional intake.

 

     Sec. 1779. The department shall explore methods to identify

 

Medicaid fee-for-service recipients who could benefit from use of

 

complex case management, chronic disease management, and transition

 

management techniques in the management of their medical care.

 

     Sec. 1781. The department may conduct a pilot project to

 

demonstrate improvements in the efficiency and effectiveness of the

 

plan first program, long-term care programs, and other programs as

 

identified by the department. In conducting the pilot project, the

 

department shall consult with other affected programs and agencies.

 

In conducting the pilot, the department or its designee shall have

 

direct access to the department of human services eligibility,

 

budget, and registration systems for purposes of initial

 

processing, including taking applications, assisting applicants in

 

completing the application, providing information and referrals,

 

obtaining required documentation to complete processing of the

 

application, and assuring the information contained on the

 

application form is complete. To the extent practical and

 

desirable, trusted third-party data sources may be accessed to

 

verify income and asset information during the financial

 

eligibility determination process. The department shall issue a

 

report to the legislature summarizing the results of the pilot

 

project and recommendations for the future.

 

 

 

 

 

ARTICLE 4

 

DEPARTMENT OF CORRECTIONS

 

PART 1


 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 

of corrections for the fiscal year ending September 30, 2008, from

 

the funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

DEPARTMENT OF CORRECTIONS

 

APPROPRIATION SUMMARY:

 

   Average population............................. 52,111

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions....... 17,340.5

 

GROSS APPROPRIATION.................................... $  2,022,458,400

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,264,600

 

ADJUSTED GROSS APPROPRIATION........................... $  2,021,193,800

 

   Federal revenues:

 

Total federal revenues.................................        10,340,700

 

   Special revenue funds:

 

Total local revenues...................................           429,700

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................        70,062,600

 

State general fund/general purpose..................... $  1,940,360,800

 

   Sec. 102. EXECUTIVE

 

   Full-time equated unclassified positions......... 16.0

 

   Full-time equated classified positions............ 8.0

 


Unclassified positions--16.0 FTE positions............. $      1,373,500

 

Executive direction--8.0 FTE positions.................         1,790,000

 

GROSS APPROPRIATION.................................... $      3,163,500

 

    Appropriated from:

 

State general fund/general purpose..................... $      3,163,500

 

   Sec. 103. PLANNING AND COMMUNITY SUPPORT

 

   Full-time equated classified positions........... 56.0

 

Planning, community development and research--30.0

 

   FTE positions........................................ $      2,721,300

 

Prisoner reintegration programs........................        33,173,700

 

Community corrections administration--17.0 FTE

 

   positions............................................         1,853,600

 

Substance abuse testing and treatment services--9.0

 

   FTE positions........................................        20,042,800

 

Residential services...................................        16,925,500

 

Community corrections comprehensive plans and services.        12,533,000

 

Public education and training..........................            50,000

 

Regional jail program..................................               100

 

Felony drunk driver jail reduction and community

 

   treatment program....................................         2,097,400

 

County jail reimbursement program......................        13,249,000

 

GROSS APPROPRIATION.................................... $    102,646,400

 

    Appropriated from:

 

   Federal revenues:

 

DOJ-OJP, Byrne grants..................................           729,400

 

DOJ-OJP, RSAT..........................................           142,800

 

DOJ, prisoner reintegration............................         1,035,000

 


DOJ, state criminal alien assistance program...........            81,300

 

   Special revenue funds:

 

Civil infraction fees..................................         7,514,400

 

Telephone fees and commissions.........................        10,155,500

 

State general fund/general purpose..................... $     82,988,000

 

   Sec. 104. OPERATIONS SUPPORT ADMINISTRATION

 

   Full-time equated classified positions.......... 269.1

 

Operations support administration--3.0 FTE positions... $        405,000

 

Bureau of human resources--159.2 FTE positions.........        15,457,500

 

Human resources optimization user charges..............         1,079,700

 

New custody staff training.............................        12,254,600

 

Worker's compensation..................................        15,898,900

 

Bureau of fiscal management--70.9 FTE positions........         5,449,600

 

Office of legal services--28.0 FTE positions...........         3,086,200

 

Internal affairs--8.0 FTE positions....................           814,100

 

Rent...................................................         2,095,200

 

Equipment and special maintenance......................         2,425,500

 

Administrative hearings officers.......................         3,963,900

 

Sheriffs' coordinating and training office.............           500,000

 

Prosecutorial and detainer expenses....................         4,051,000

 

GROSS APPROPRIATION.................................... $     67,481,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDSP, Michigan justice training fund...............           695,900

 

   Special revenue funds:

 

Local corrections officer training fund................           500,000

 

Correctional industries revolving fund.................           107,800

 


State general fund/general purpose..................... $     66,177,500

 

   Sec. 105. FIELD OPERATIONS ADMINISTRATION

 

   Full-time equated classified positions........ 1,925.4

 

Field operations--1,809.5 FTE positions................ $    148,843,200

 

Parole board operations--33.0 FTE positions............         2,805,700

 

Parole/probation services..............................         2,867,300

 

Community re-entry centers--46.9 FTE positions.........        16,432,000

 

Electronic monitoring center--36.0 FTE positions.......         5,529,900

 

GROSS APPROPRIATION.................................... $    176,478,100

 

    Appropriated from:

 

   Special revenue funds:

 

Local - community tether program reimbursement.........           429,700

 

Offender reimbursements................................           133,900

 

Parole and probation oversight fees....................        10,753,900

 

Parole and probation oversight fees set-aside..........         3,267,300

 

Public works user fees.................................           431,000

 

Telephone fees and commissions.........................         2,522,200

 

Tether program, participant contributions..............         6,010,800

 

State general fund/general purpose..................... $    152,929,300

 

   Sec. 106. CONSENT DECREES

 

   Full-time equated classified positions.......... 471.3

 

Hadix consent decree--138.0 FTE positions.............. $     11,676,300

 

DOJ, consent decree--106.8 FTE positions...............         9,569,600

 

DOJ, psychiatric plan - MDCH mental health services....        38,748,900

 

DOJ, psychiatric plan - MDOC staff and

 

   services--226.5 FTE positions........................        16,489,300

 

GROSS APPROPRIATION.................................... $     76,484,100

 


    Appropriated from:

 

State general fund/general purpose..................... $     76,484,100

 

   Sec. 107. HEALTH CARE

 

   Full-time equated classified positions........ 1,042.1

 

Health care administration--13.0 FTE positions......... $      2,098,600

 

Hospital and specialty care services...................        82,223,100

 

Vaccination program....................................           691,200

 

Northern region clinical complexes--270.9 FTE

 

   positions............................................        34,389,800

 

Southeastern region clinical complexes--455.4 FTE

 

   positions............................................        65,963,300

 

Southwestern region clinical complexes--302.8 FTE

 

   positions............................................        39,664,300

 

GROSS APPROPRIATION.................................... $    225,030,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

   Special revenue funds:

 

Prisoner health care copayments........................           331,400

 

State general fund/general purpose..................... $    224,698,900

 

   Sec. 108. CORRECTIONAL FACILITIES ADMINISTRATION

 

   Average population.............................. 2,861

 

   Full-time equated classified positions........ 2,036.1

 

Correctional facilities administration--38.0 FTE

 

   positions............................................ $     26,511,800

 

Central records--63.0 FTE positions....................         5,295,800

 

Inmate legal services..................................           314,900

 

Loans to parolees......................................           294,400

 


Housing inmates in federal institutions................           793,900

 

Prison industries operations--219.0 FTE positions......        19,397,700

 

Education services and federal education

 

   grants--10.0 FTE positions...........................         5,704,600

 

Federal school lunch program...........................           712,800

 

Leased beds and alternatives to leased beds............               100

 

Inmate housing fund--630.1 FTE positions...............        66,706,400

 

   Average population.............................. 2,861

 

Transportation--210.5 FTE positions....................        22,647,500

 

Prison food service--490.0 FTE positions...............        73,613,400

 

Nonholiday overtime....................................        54,850,500

 

Public works projects..................................         9,485,500

 

MPRI education program--375.5 FTE positions............        37,973,200

 

GROSS APPROPRIATION.................................... $    324,302,500

 

    Appropriated from:

 

   Federal revenues:

 

DAG-FNS, national school lunch.........................           712,800

 

DED-OESE, title I......................................           521,800

 

DED-OSERS..............................................           101,300

 

DED-OVAE, adult education..............................         1,892,500

 

DED, adult literacy grants.............................           308,300

 

DED, vocational education equipment....................           277,300

 

DED, youthful offender/Specter grant...................         1,289,400

 

DOJ-BOP, federal prisoner reimbursement................           211,000

 

DOJ-OJP, serious and violent offender reintegration

 

   initiative...........................................         1,010,000

 

DOJ, prison rape elimination act grant.................         1,000,000

 


SSA-SSI, incentive payment.............................           123,600

 

   Special revenue funds:

 

Correctional industries revolving fund.................        20,097,000

 

Public works user fees.................................         5,182,000

 

Resident stores........................................           134,900

 

State general fund/general purpose..................... $    291,440,600

 

   Sec. 109. NORTHERN REGION CORRECTIONAL FACILITIES

 

   Average population............................. 15,575

 

   Full-time equated classified positions........ 3,808.2

 

Alger maximum correctional facility -

 

   Munising--319.2 FTE positions........................ $     27,995,700

 

   Average population................................ 843

 

Baraga maximum correctional facility - Baraga--386.5

 

   FTE positions........................................        33,420,900

 

   Average population.............................. 1,162

 

Chippewa correctional facility - Kincheloe--481.6

 

   FTE positions........................................        41,433,300

 

   Average population.............................. 2,096

 

Kinross correctional facility - Kincheloe--519.8 FTE

 

   positions............................................        46,642,000

 

   Average population.............................. 2,878

 

Marquette branch prison - Marquette--340.3 FTE

 

   positions............................................        32,932,000

 

   Average population.............................. 1,061

 

Newberry correctional facility - Newberry--315.8 FTE

 

   positions............................................        26,612,500

 

   Average population.............................. 1,181

 


Oaks correctional facility - Eastlake--302.7 FTE

 

   positions............................................        30,634,800

 

   Average population.............................. 1,145

 

Ojibway correctional facility - Marenisco--251.8 FTE

 

   positions............................................        20,508,600

 

   Average population.............................. 1,320

 

Pugsley correctional facility - Kingsley--223.2 FTE

 

   positions............................................        18,749,000

 

   Average population.............................. 1,141

 

Saginaw correctional facility - Freeland--315.2 FTE

 

   positions............................................        28,687,800

 

   Average population.............................. 1,462

 

Standish maximum correctional facility -

 

   Standish--352.1 FTE positions........................        33,171,100

 

   Average population.............................. 1,286

 

GROSS APPROPRIATION.................................... $    340,787,700

 

    Appropriated from:

 

   Special revenue funds:

 

Resident stores........................................           682,500

 

State general fund/general purpose..................... $    340,105,200

 

   Sec. 110. SOUTHEASTERN REGION CORRECTIONAL

 

FACILITIES

 

   Average population............................. 16,911

 

   Full-time equated classified positions........ 4,189.7

 

Cooper Street correctional facility - Jackson--294.1

 

   FTE positions........................................ $     27,924,700

 

   Average population.............................. 1,958

 


G. Robert Cotton correctional facility -

 

   Jackson--400.2 FTE positions.........................        34,431,200

 

   Average population.............................. 1,830

 

Charles E. Egeler correctional facility -

 

   Jackson--409.4 FTE positions.........................        37,772,500

 

   Average population.............................. 1,577

 

Gus Harrison correctional facility - Adrian--479.4

 

   FTE positions........................................        43,748,600

 

   Average population.............................. 2,389

 

Huron Valley correctional complex - Ypsilanti--650.7

 

   FTE positions........................................        53,901,200

 

   Average population.............................. 1,759

 

Macomb correctional facility - New Haven--295.3 FTE

 

   positions............................................        25,209,600

 

   Average population.............................. 1,214

 

Mound correctional facility - Detroit--286.0 FTE

 

   positions............................................        23,645,700

 

   Average population.............................. 1,040

 

Parnall correctional facility - Jackson--237.2 FTE

 

   positions............................................        20,910,200

 

   Average population.............................. 1,463

 

Ryan correctional facility - Detroit--301.4 FTE

 

   positions............................................        24,620,600

 

   Average population.............................. 1,049

 

Robert Scott correctional facility - Plymouth--344.4

 

   FTE positions........................................        28,889,700

 

   Average population.............................. 1,031

 


Thumb correctional facility - Lapeer--296.1 FTE

 

   positions............................................        26,522,000

 

   Average population.............................. 1,205

 

Special alternative incarceration program - Cassidy

 

   Lake--116.5 FTE positions............................         9,810,800

 

   Average population................................ 396

 

Jackson area support and services - Jackson--79.0

 

   FTE positions........................................        15,204,400

 

GROSS APPROPRIATION.................................... $    372,591,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDCH, forensic center food service.................           568,700

 

   Federal revenues:

 

DOJ, state criminal alien assistance program...........           904,200

 

   Special revenue funds:

 

Resident stores........................................           722,300

 

State general fund/general purpose..................... $    370,396,000

 

   Sec. 111. SOUTHWESTERN REGION CORRECTIONAL

 

FACILITIES

 

   Average population............................. 16,764

 

   Full-time equated classified positions........ 3,534.6

 

Bellamy Creek correctional facility - Ionia--423.7

 

   FTE positions........................................        39,422,500

 

   Average population.............................. 1,809

 

Earnest C. Brooks correctional facility -

 

   Muskegon--458.8 FTE positions........................        40,711,500

 

   Average population.............................. 2,405

 


Carson City correctional facility - Carson

 

   City--493.6 FTE positions............................        42,583,600

 

   Average population.............................. 2,485

 

Richard A. Handlon correctional facility -

 

   Ionia--231.1 FTE positions...........................        21,937,700

 

   Average population.............................. 1,300

 

Ionia maximum correctional facility - Ionia--309.3

 

   FTE positions........................................        27,032,100

 

   Average population................................ 663

 

Lakeland correctional facility - Coldwater--608.9

 

   FTE positions........................................        53,364,000

 

   Average population.............................. 3,060

 

Muskegon correctional facility - Muskegon--222.9 FTE

 

   positions............................................        21,967,500

 

   Average population.............................. 1,307

 

Pine River correctional facility - St. Louis--225.4

 

   FTE positions........................................        20,572,200

 

   Average population.............................. 1,260

 

St. Louis correctional facility - St. Louis--560.9

 

   FTE positions........................................        49,620,200

 

   Average population.............................. 2,475

 

GROSS APPROPRIATION.................................... $    317,211,300

 

    Appropriated from:

 

   Special revenue funds:

 

Resident stores........................................           817,700

 

State general fund/general purpose..................... $    316,393,600

 

   Sec. 112. INFORMATION TECHNOLOGY

 


Information technology services and projects........... $      16,282,100

 

GROSS APPROPRIATION.................................... $     16,282,100

 

    Appropriated from:

 

   Special revenue funds:

 

Correctional industries revolving fund.................           141,600

 

Parole and probation oversight fees set-aside..........           556,400

 

State general fund/general purpose..................... $     15,584,100

 

 

 

 

 

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 $2,010,423,400.00 and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $92,940,000.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF CORRECTIONS

 

Field operations - assumption of county probation

 

staff................................................... $     47,487,800

 

Public service work projects...........................        11,826,600

 

Community corrections comprehensive plans and services.        12,533,000

 

Community corrections residential services.............        16,925,500

 

Community corrections public education and training....            50,000

 

Felony drunk driver jail reduction and community

 


treatment program.......................................         2,097,400

 

Alternatives to prison jail program....................         1,619,600

 

Alternatives to prison treatment program...............           400,000

 

Regional jail program..................................               100

 

TOTAL.................................................. $     92,940,000

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "DAG" means the United States department of agriculture.

 

     (b) "DAG-FNS" means the DAG food and nutrition service.

 

     (c) "DED" means the United States department of education.

 

     (d) "DED-OESE" means the DED office of elementary and

 

secondary education.

 

     (e) "DED-OSERS" means the DED office of special education and

 

rehabilitative services.

 

     (f) "DED-OVAE" means the DED office of vocational and adult

 

education.

 

     (g) "Department" or "MDOC" means the Michigan department of

 

corrections.

 

     (h) "DOJ" means the United States department of justice.

 

     (i) "DOJ-BOP" means the DOJ bureau of prisons.

 

     (j) "DOJ-OJP" means the DOJ office of justice programs.

 

     (k) "FTE" means full-time equated.

 

     (l) "GED" means general education diploma.

 

     (m) "GPS" means global positioning system.

 

     (n) "IDG" means interdepartmental grant.

 


     (o) "IDT" means intradepartmental transfer.

 

     (p) "MDCH" means the Michigan department of community health.

 

     (q) "MDSP" means the Michigan department of state police.

 

     (r) "MPRI" means the Michigan prisoner reentry initiative.

 

     (s) "OCC" means the office of community corrections.

 

     (t) "RSAT" means residential substance abuse treatment.

 

     (u) "SSA" means the United States social security

 

administration.

 

     (v) "SSA-SSI" means SSA supplemental security income.

 

     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 the

 

hiring freeze imposed under subsection (1) when the state budget

 

director believes that the hiring freeze will result in rendering a

 

state department or agency unable to deliver basic services, cause

 

loss of revenue to the state, result in the inability of the state

 

to receive federal funds, or necessitate additional expenditures

 


that exceed any savings from maintaining a vacancy. The state

 

budget director shall report quarterly to the chairpersons of the

 

senate and house of representatives standing committees on

 

appropriations the number of exceptions to the hiring freeze

 

approved during the previous quarter and the reasons to justify the

 

exception.

 

     Sec. 206. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 207. At least 120 days before beginning any effort to

 

privatize, the department shall submit a complete project plan to

 

the appropriate senate and house of representatives appropriations

 

subcommittees and the senate and house fiscal agencies. The plan

 

shall include the criteria under which the privatization initiative

 

will be evaluated. The evaluation shall be completed and submitted

 

to the appropriate senate and house of representatives

 

appropriations subcommittees and the senate and house fiscal

 

agencies within 30 months.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this article.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and 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. (1) Pursuant to the provisions of civil service

 

rules and regulations and applicable collective bargaining

 

agreements, individuals seeking employment with the department

 

shall submit to a controlled substance test. The test shall be

 

administered by the department.

 

     (2) Individuals seeking employment with the department who

 

refuse to take a controlled substance test or who test positive for

 

the illicit use of a controlled substance on such a test shall be

 

denied employment.

 

     Sec. 211. The department may charge fees and collect revenues

 

in excess of appropriations in part 1 not to exceed the cost of

 

offender services and programming, employee meals, parolee loans,

 

academic/vocational services, custody escorts, compassionate

 

visits, union steward activities, public work programs, and

 

services provided to units of government. The revenues and fees

 

collected are appropriated for all expenses associated with these

 

services and activities.

 

     Sec. 212. Preference should be given to purchasing produce

 

from Michigan growers and processors when their produce is

 

competitively priced and of comparable quality.

 

     Sec. 213. By February 15, 2008, the department shall provide

 

the members of the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, and the state

 


budget director with a report detailing nongeneral fund/general

 

purpose sources of revenue, including, but not limited to, federal

 

revenues, state restricted revenues, local and private revenues,

 

offender reimbursements and other payments, revolving funds, and 1-

 

time sources of revenue, whether or not such revenues were

 

appropriated. The report shall include statements detailing for

 

each account the total amount of revenue received during fiscal

 

year 2006-2007, the amount by which the revenue exceeded any

 

applicable appropriated fund source, the amount spent during fiscal

 

year 2006-2007, the account balance at the close of fiscal year

 

2006-2007, and the projected revenues and expenditures for fiscal

 

year 2007-2008.

 

     Sec. 214. 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. These user fees are subject to provisions of

 

an interagency agreement between the departments and agencies and

 

the department of information technology.

 

     Sec. 215. Amounts appropriated in part 1 for information

 

technology may be designated as work projects and carried forward

 

to support department of corrections technology projects under the

 

direction of the department of information technology. Funds

 

designated in this manner are not available for expenditure until

 

approved as work projects under section 451a of the management and

 

budget act, 1984 PA 431, MCL 18.1451a.

 

     Sec. 216. (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, safety, or

 

health and 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, or both, 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 listed in subsection (1), the state budget

 

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

 

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

 

basis to the senate and house standing committees on

 

appropriations.

 

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

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

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

 

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

 

submitted to the chairs and members of the senate and house of

 


representatives standing committees on appropriations, 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. It is the intent of the legislature that no

 

expenditures for employee dry cleaning allowances be made or

 

obligations to pay employee dry cleaning allowances be incurred for

 

dry cleaning allowances in excess of the amounts authorized under

 

collective bargaining contracts in effect from January 1, 2002 to

 

December 31, 2004. Payment of obligations to pay dry cleaning

 

allowances incurred during the fiscal year 2006-2007 shall be paid

 

from fiscal year 2006-2007 appropriations that otherwise would

 

lapse to the general fund.

 

 

 

EXECUTIVE

 


    Sec. 301. From the funds appropriated in part 1, the department

 

shall maintain and make publicly accessible the files of all felony

 

offenders even after an offender is no longer under the

 

department's jurisdiction on the offender tracking information

 

system in the same manner as files of current offenders.

 

     Sec. 302. 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. 303. (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. 304. (1) By November 1, 2007, the department shall report

 

to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, and the state

 

budget director on computer database systems. The report shall

 

include the name of each database and what programs and data are

 

housed in the database and identify other systems with which it can

 


electronically communicate.

 

     (2) It is the intent of the legislature that the quantity of

 

database systems in use by the department be optimal for efficient

 

data usage and communications. By January 1, 2008, the department

 

shall report to the senate and house appropriations subcommittees

 

on corrections, the senate and house fiscal agencies, and the state

 

budget director on a plan to implement secure, encrypted, Internet-

 

based database systems that can electronically communicate with

 

each other and with other law-enforcement-related databases by

 

September 30, 2008.

 

     Sec. 305. 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 report to the state budget director, the senate

 

and house appropriations subcommittees, and the senate and house

 

fiscal agencies on the progress made toward increased efficiencies

 

in departmental 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.

 

 

 

PLANNING AND COMMUNITY SUPPORT

 

     Sec. 401. The department shall submit 3-year and 5-year prison

 

population projection updates by February 1, 2008 to the senate and

 


house appropriations subcommittees on corrections, the senate and

 

house fiscal agencies, and the state budget director. The report

 

shall include explanations of the methodology and assumptions used

 

in developing the projection updates.

 

     Sec. 403. (1) By April 1, 2008, the department shall provide a

 

report on prisoner reintegration programs to the members of the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director. At

 

a minimum, the report shall include all of the following

 

information:

 

     (a) Allocations and projected expenditures for each project

 

funded and for each project to be funded, itemized by service to be

 

provided and service provider.

 

     (b) An explanation of the objectives and results measures for

 

each program.

 

     (c) An explanation of how the programs will be evaluated.

 

     (d) A discussion of the evidence and research upon which each

 

program is based.

 

     (e) A discussion and estimate of the impact of prisoner

 

reintegration programs on reoffending and returns to prison.

 

     (f) A progress report on applicable results of each program,

 

including, but not limited to, the estimated bed space impact of

 

prisoner reintegration programs.

 

     (2) The department shall provide quarterly reports on January

 

1, 2008, April 1, 2008, July 1, 2008, and September 30, 2008 to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director on

 


the status and recidivism levels of offenders who participated in

 

the MPRI and have been released. The data should be broken out by

 

the following 4 offender types: drug, nonassaultive, assaultive,

 

and sex. For technical rule violators, the report shall list

 

violations by type.

 

     (3) By September 30, 2008, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director a

 

comparison of the overall recidivism rates and length of time prior

 

to prison return of offenders who participated in the MPRI with

 

those of offenders who did not. The report should disaggregate the

 

information by each site in order to compare the practices and

 

success rates of each site.

 

     (4) The department shall include prisoners nearing their

 

maximum sentence in the prison phases of the MPRI.

 

     (5) The MPRI shall include programming on understanding

 

conditions of parole and each offender's transition accountability

 

plan shall include a plan for following conditions of parole.

 

     (6) The department shall provide monthly reports to the senate

 

and house appropriations subcommittees on corrections, the senate

 

and house fiscal agencies, and the state budget director on

 

parolees who participated in the MPRI and have tested positive for

 

substances in the previous month and since October 1, 2007. The

 

report shall include any sanctions imposed by the department in

 

response to the positive substance test.

 

     (7) The department shall provide monthly reports to the senate

 

and house appropriations subcommittees on corrections, the senate

 


and house fiscal agencies, and the state budget director on

 

parolees who participated in the MPRI and have a diagnosis of

 

mental illness. The report shall include the number of offenders

 

successfully referred to the local community mental health agency,

 

by county, and number of parolees participating in treatment for

 

mental illness, by county.

 

     Sec. 404. (1) The department shall screen and assess each

 

prisoner for alcohol and other drug involvement to determine the

 

need for further treatment. The assessment process shall be

 

designed to identify the severity of alcohol and other drug

 

addiction and determine the treatment plan, if appropriate.

 

     (2) Subject to the availability of funding resources, the

 

department shall provide substance abuse treatment to prisoners

 

with priority given to those prisoners who are most in need of

 

treatment and who can best benefit from program intervention based

 

on the screening and assessment provided under subsection (1).

 

     Sec. 405. (1) In expending residential substance abuse

 

treatment services funds appropriated under this article, the

 

department shall ensure to the maximum extent possible that

 

residential substance abuse treatment services are available

 

statewide.

 

     (2) By April 1, 2008, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director on

 

the allocation, distribution, and expenditure of all funds

 

appropriated by the substance abuse testing and treatment line item

 

during fiscal year 2006-2007 and projected for fiscal year 2007-

 


2008. The report shall include, but not be limited to, an

 

explanation of an anticipated year-end balance, the number of

 

participants in substance abuse programs, and the number of

 

offenders on waiting lists for residential substance abuse

 

programs. Information required under this subsection shall, where

 

possible, be separated by MDOC administrative region and by

 

offender type, including, but not limited to, a distinction between

 

prisoners, parolees, and probationers.

 

     (3) By April 1, 2008, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director on

 

substance abuse testing and treatment program objectives, outcome

 

measures, and results, including program impact on offender

 

behavior and recidivism.

 

    Sec. 406. The department shall cooperate with the department of

 

community health in providing information for and developing the

 

report required under House Bill No. 4344. The report shall, by

 

April 1, 2008, provide the following data concerning mental health

 

and substance abuse services during fiscal year 2006-2007:

 

    (a) The number of prisoners receiving substance abuse services,

 

including a description and breakdown of the type of substance

 

abuse services provided to prisoners, by major offense type.

 

    (b) The number of prisoners with a primary diagnosis of mental

 

illness and the number of those prisoners receiving mental health

 

services, including a description and breakdown, encompassing, at a

 

minimum, the categories of inpatient, residential, and outpatient

 

care, of the type of mental health services provided to those

 


prisoners, by major offense type.

 

    (c) The number of prisoners with a primary diagnosis of mental

 

illness and receiving substance abuse services, including a

 

description and breakdown, encompassing, at a minimum, the

 

categories of inpatient, residential, and outpatient care, of the

 

type of treatment provided to those prisoners, by major offense

 

type.

 

    (d) Data indicating if prisoners receiving mental health

 

services for a primary diagnosis of mental illness were previously

 

hospitalized in a state psychiatric hospital for persons with

 

mental illness, by major offense type.

 

    (e) Data indicating whether prisoners with a primary diagnosis

 

of mental illness and receiving substance abuse services were

 

previously hospitalized in a state psychiatric hospital for persons

 

with mental illness.

 

    (f) The cost of pharmaceuticals for prisoners with a primary

 

diagnosis of mental illness itemized by type and manufacturer.

 

    (g) Quarterly and fiscal year-to-date expenditures itemized by

 

vendor, status of payments from contractors to vendors, and

 

projected year-end expenditures from accounts for substance abuse

 

treatment and mental health care.

 

    (h) The number of prisoners that have had their primary

 

diagnosis of mental illness changed while in prison by a mental

 

health clinician from an earlier diagnosis received in prison or

 

while hospitalized in a state psychiatric hospital for persons with

 

mental illness, itemized by current and previous diagnosis.

 

    (i) The number of prisoners with a primary diagnosis of mental

 


illness that previously had received substance abuse services,

 

including a description and breakdown, encompassing, at a minimum,

 

the categories of inpatient, residential, and outpatient care, of

 

the type of treatment provided to those prisoners.

 

    Sec. 407. (1) By October 15, 2007, and as a condition of

 

expending funds appropriated in part 1 for prisoner reintegration

 

programs, the department shall develop and implement uniform

 

minimum standards for MPRI pilot sites and the expenditure of MPRI

 

funds, including funds appropriated for prisoner reintegration

 

programs. At a minimum, the standards shall address all of the

 

following:

 

    (a) The acceptable range or ranges for administrative costs.

 

    (b) How local program results are to be reported and quantified.

 

    (c) The acceptable range or ranges for per-participant

 

expenditures.

 

    (d) Any other standards determined by the department to be

 

consistent with good management practices and optimum program

 

results.

 

    (2) By October 15, 2007, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director on

 

the standards required by subsection (1). The report shall include

 

information explaining how each standard was determined and how it

 

is being implemented.

 

    Sec. 408. (1) By March 1, 2008, the department shall report to

 

the senate and house subcommittees on corrections, the senate and

 

house fiscal agencies, and the state budget director on offenders

 


who have served their maximum sentence and been released from

 

prison in the last 5 years. The report shall include the following

 

information:

 

    (a) The number of offenders who were paroled and returned to

 

prison prior to serving their maximum sentence compared to the

 

number of offenders who served their maximum sentence without ever

 

having been paroled.

 

    (b) The number of offenders disaggregated by major offense type:

 

assaultive, nonassaultive, drug, and sex.

 

    (c) The educational history of those offenders, including how

 

many had a GED or high school diploma prior to incarceration in

 

prison, how many received a GED while in prison, and how many

 

received a vocational certificate while in prison.

 

    (d) A comparison of each offender's original offense to the

 

offender's new offense by major offense type: assaultive,

 

nonassaultive, drug, and sex, for offenders who have since returned

 

to prison with a new commitment after previously serving a maximum

 

sentence.

 

     (2) The department shall provide monthly reports to the senate

 

and house subcommittees on corrections, the senate and house fiscal

 

agencies, and the state budget director on offenders who have

 

served their maximum sentence and been released from prison in the

 

previous month. The reports shall include the following

 

information:

 

     (a) The number of offenders who were paroled and returned to

 

prison prior to serving their maximum sentence compared to the

 

number of offenders who served their maximum sentence without ever

 


having been paroled.

 

     (b) The number of offenders disaggregated by major offense

 

type: assaultive, nonassaultive, drug, and sex.

 

     (c) Each offender's offense history based on their presentence

 

investigation report.

 

     Sec. 409. As a condition of expending funds appropriated for

 

planning, community development and research and prisoner

 

reintegration programs under part 1, the department shall by

 

January 31, 2008 provide a plan to reduce recidivism rates among

 

prisoners released from correctional facilities to the members of

 

the senate and house appropriations committees, the senate and

 

house fiscal agencies, and the state budget director. The plan

 

shall include detailed information on recidivism rates in this

 

state for the most recent 5-year period, a detailed comparison of

 

those rates to rates in other states and a national average, and

 

details on how the department plans to improve recidivism rates.

 

The plan also shall include details on how the department proposes

 

to measure the success of the plan.

 

     Sec. 410. The office of community corrections shall provide

 

and coordinate the delivery and implementation of services in

 

communities to facilitate successful offender reintegration into

 

the community. Programs and services to be offered shall include,

 

but are not limited to, technical assistance for comprehensive

 

corrections plan development, new program start-up funding, program

 

funding for those programs delivering services for eligible

 

offenders in geographic areas identified by the office of community

 

corrections as having a shortage of available services, technical

 


assistance, referral services for education, employment services,

 

and substance abuse and family counseling. As used in this article:

 

     (a) "Alternative to incarceration in a state facility or jail"

 

means a program that involves offenders who receive a sentencing

 

disposition that appears to be in place of incarceration in a state

 

correctional facility or jail based on historical local sentencing

 

patterns or that amounts to a reduction in the length of sentence

 

in a jail.

 

     (b) "Goal" means the intended or projected result of a

 

comprehensive corrections plan or community corrections program to

 

reduce prison commitment rates, to reduce the length of stay in a

 

jail, or to improve the utilization of a jail.

 

     (c) "Jail" means a facility operated by a local unit of

 

government for the physical detention and correction of persons

 

charged with or convicted of criminal offenses.

 

     (d) "Offender eligibility criteria" means particular criminal

 

violations, state felony sentencing guidelines descriptors, and

 

offender characteristics developed by advisory boards and approved

 

by local units of government that identify the offenders suitable

 

for community corrections programs funded through the office of

 

community corrections.

 

     (e) "Offender target population" means felons or misdemeanants

 

who would likely be sentenced to imprisonment in a state

 

correctional facility or jail, who would not increase the risk to

 

the public safety, who have not demonstrated a pattern of violent

 

behavior, and who do not have criminal records that indicate a

 

pattern of violent offenses.

 


     (f) "Offender who would likely be sentenced to imprisonment"

 

means either of the following:

 

     (i) A felon or misdemeanant who receives a sentencing

 

disposition that appears to be in place of incarceration in a state

 

correctional facility or jail, according to historical local

 

sentencing patterns.

 

     (ii) A currently incarcerated felon or misdemeanant who is

 

granted early release from incarceration to a community corrections

 

program or who is granted early release from incarceration as a

 

result of a community corrections program.

 

     Sec. 411. (1) The funds included in part 1 for community

 

corrections comprehensive plans and services are to encourage the

 

development through technical assistance grants, implementation,

 

and operation of community corrections programs that serve as an

 

alternative to incarceration in a state facility or jail. The

 

comprehensive corrections plans shall include an explanation of how

 

the public safety will be maintained, the goals for the local

 

jurisdiction, offender target populations intended to be affected,

 

offender eligibility criteria for purposes outlined in the plan,

 

and how the plans will meet the following objectives, consistent

 

with section 8(4) of the community corrections act, 1988 PA 511,

 

MCL 791.408:

 

     (a) Reduce admissions to prison of nonviolent offenders who

 

would have otherwise received an active sentence, including

 

probation violators.

 

     (b) Improve the appropriate utilization of jail facilities,

 

the first priority of which is to open jail beds intended to house

 


otherwise prison-bound felons, and the second priority being to

 

appropriately utilize jail beds so that jail crowding does not

 

occur.

 

     (c) Open jail beds through the increase of pretrial release

 

options.

 

     (d) Reduce the readmission to prison of parole violators.

 

     (e) Reduce the admission or readmission to prison of

 

offenders, including probation violators and parole violators, for

 

substance abuse violations.

 

     (2) The award of community corrections comprehensive plans and

 

residential services funds shall be based on criteria that include,

 

but are not limited to, the prison commitment rate by category of

 

offenders, trends in prison commitment rates and jail utilization,

 

historical trends in community corrections program capacity and

 

program utilization, and the projected impact and outcome of annual

 

policies and procedures of programs on prison commitment rates and

 

jail utilization.

 

     (3) Funds awarded for residential services in part 1 shall

 

provide for a per diem reimbursement of not more than $47.50.

 

     Sec. 412. The comprehensive corrections plans shall also

 

include, where appropriate, descriptive information on the full

 

range of sanctions and services that are available and utilized

 

within the local jurisdiction and an explanation of how jail beds,

 

residential services, the special alternative incarceration program

 

(boot camp), probation detention centers, the electronic monitoring

 

program for probationers, and treatment and rehabilitative services

 

will be utilized to support the objectives and priorities of the

 


comprehensive corrections plans and the purposes and priorities of

 

section 8(4) of the community corrections act, 1988 PA 511, MCL

 

791.408. The plans shall also include, where appropriate,

 

provisions that detail how the local communities plan to respond to

 

sentencing guidelines found in chapter XVII of the code of criminal

 

procedure, 1927 PA 175, MCL 777.1 to 777.69, and the use of the

 

county jail reimbursement program under section 706 of this

 

article. The state community corrections board shall encourage

 

local community corrections advisory boards to include in their

 

comprehensive corrections plans strategies to collaborate with

 

local alcohol and drug treatment agencies of the MDCH for the

 

provision of alcohol and drug screening, assessment, case

 

management planning, and delivery of treatment to alcohol- and

 

drug-involved offenders, including, but not limited to, probation

 

and parole violators who are at risk of revocation.

 

     Sec. 414. (1) As part of the March biannual report specified

 

in section 12(2) of the community corrections act, 1988 PA 511, MCL

 

791.412, that requires an analysis of the impact of that act on

 

prison admissions and jail utilization, the department shall submit

 

to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, and the state

 

budget director the following information for each county and

 

counties consolidated for comprehensive corrections plans:

 

     (a) Approved technical assistance grants and comprehensive

 

corrections plans including each program and level of funding, the

 

utilization level of each program, and profile information of

 

enrolled offenders.

 


     (b) If federal funds are made available, the number of

 

participants funded, the number served, the number successfully

 

completing the program, and a summary of the program activity.

 

     (c) Status of the community corrections information system and

 

the jail population information system.

 

     (d) Data on residential services, including participant data,

 

participant sentencing guideline scores, program expenditures,

 

average length of stay, and bed utilization data.

 

     (e) Offender disposition data by sentencing guideline range,

 

by disposition type, number and percent statewide and by county,

 

current year, and comparisons to the previous 3 years.

 

     (2) The report required under subsection (1) shall include the

 

total funding allocated, program expenditures, required program

 

data, and year-to-date totals.

 

     Sec. 415. (1) The department shall identify and coordinate

 

information regarding the availability of and the demand for

 

community corrections programs, jail-based community corrections

 

programs, and basic state-required jail data.

 

     (2) The department is responsible for the collection,

 

analysis, and reporting of state-required jail data.

 

     (3) As a prerequisite to participation in the programs and

 

services offered through the department, counties shall provide

 

basic jail data to the department.

 

     Sec. 416a. (1) The department shall administer a county jail

 

reimbursement program from the funds appropriated in part 1 for the

 

purpose of reimbursing counties for housing in jails felons who

 

otherwise would have been sentenced to prison.

 


     (2) The county jail reimbursement program shall reimburse

 

counties $43.50 per diem up to a 1-year total for housing and

 

custody of convicted felons if the conviction was for a crime

 

committed on or after January 1, 1999, the felon's sentencing

 

guidelines recommended range upper limit is more than 18 months,

 

the felon's sentencing guidelines recommended range lower limit is

 

12 months or less, the felon's prior record variable score is 25 or

 

more points and the felon's sentence is not for commission of a

 

crime in crime class G or crime class H under chapter XVII of the

 

code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69.

 

     (3) The county jail reimbursement program shall reimburse

 

counties $15,921.00 per offender for housing and custody of

 

convicted felons if the conviction was for a crime committed on or

 

after January 1, 1999 and the felon's minimum sentencing guidelines

 

range minimum is more than 12 months.

 

     (4) From the funds appropriated in part 1 for the county jail

 

reimbursement program, the department shall contract for an ongoing

 

study to determine the impact of the new legislative sentencing

 

guidelines. The study shall analyze sentencing patterns of

 

jurisdictions as well as future patterns in order to determine and

 

quantify the population impact on prisons and jails of the new

 

guidelines as well as to identify and define felon or crime

 

characteristics or sentencing guidelines scores that indicate a

 

felon is a prison diversion. The department shall contract for a

 

local and statewide study for this purpose and provide periodic

 

reports regarding the status and findings of the study to the house

 

and senate appropriations subcommittees on corrections, the house

 


and senate fiscal agencies, and the state budget director.

 

     (5) The department, the Michigan association of counties, and

 

the Michigan sheriffs' association shall review the periodic

 

findings of the study required in subsection (4) and, if

 

appropriate, recommend modification of the criteria for

 

reimbursement contained in subsection (2). Any recommended

 

modification shall be forwarded to the house and senate

 

appropriations subcommittees on corrections and the state budget

 

office.

 

     (6) The department shall reimburse counties for offenders in

 

jail based upon the reimbursement eligibility criteria in place on

 

the date the offender was originally sentenced for the reimbursable

 

offense.

 

     (7) County jail reimbursement program expenditures shall not

 

exceed the amount appropriated in part 1 for the county jail

 

reimbursement program. Payments to counties under the county jail

 

reimbursement program shall be made in the order in which properly

 

documented requests for reimbursements are received. A request

 

shall be considered to be properly documented if it meets MDOC

 

requirements for documentation. The department shall by October 15,

 

2006 distribute the documentation requirements to all counties.

 

     Sec. 416b. From the general fund/general purpose appropriated

 

in part 1 for the county jail reimbursement program, the department

 

shall reimburse drug treatment courts $8,000.00 per offender for

 

handling cases involving offenders who would likely be sentenced to

 

imprisonment in a state correctional facility, based on historical

 

local sentencing patterns and crime characteristics.

 


     Sec. 418. (1) As a condition of receipt of the funds

 

appropriated in part 1 for community corrections plans and services

 

and residential services, the department shall only award those

 

funds requested under a properly prepared and approved

 

comprehensive corrections plan submitted under section 8 of the

 

community corrections act, 1988 PA 511, MCL 791.408, or directly

 

applied for under section 10 of the community corrections act, 1988

 

PA 511, MCL 791.410.

 

     (2) The department shall only halt funding for an entity

 

funded under section 8 of the community corrections act, 1988 PA

 

511, MCL 791.408, in instances of substantial noncompliance during

 

the period covered by the plan.

 

     Sec. 419. (1) Funds included in part 1 for the felony drunk

 

driver jail reduction and community treatment program are

 

appropriated for and may be expended for any of the following

 

purposes:

 

     (a) To increase availability of treatment options to reduce

 

drunk driving and drunk driving-related deaths by addressing the

 

alcohol addiction of felony drunk drivers who otherwise likely

 

would be sentenced to jail or a combination of jail and other

 

sanctions.

 

     (b) To divert from jail sentences or to reduce the length of

 

jail sentences for felony drunk drivers who otherwise would have

 

been sentenced to jail and whose recommended minimum sentence

 

ranges under sentencing guidelines established under chapter XVII

 

of the code of criminal procedure, 1927 PA 175, MCL 777.1 to

 

777.69, have upper limits of 18 months or less, through funding

 


programs that may be used in lieu of incarceration and that

 

increase the likelihood of rehabilitation.

 

     (c) To provide a policy and funding framework to make

 

additional jail space available for housing convicted felons whose

 

recommended minimum sentence ranges under sentencing guidelines

 

established under chapter XVII of the code of criminal procedure,

 

1927 PA 175, MCL 777.1 to 777.69, have lower limits of 12 months or

 

less and who likely otherwise would be sentenced to prison, with

 

the aim of enabling counties to meet or exceed amounts received

 

through the county jail reimbursement program during fiscal year

 

2002-2003 and reducing the numbers of felons sentenced to prison.

 

     (2) Expenditure of funds included in part 1 for the felony

 

drunk driver jail reduction and community treatment program shall

 

be by grant awards consistent with standards developed by a

 

committee of the state community corrections advisory board. The

 

chairperson of the committee shall be the board member representing

 

county sheriffs. Remaining members of the committee shall be

 

appointed by the chairperson of the board.

 

     (3) In developing annual standards, the committee shall

 

consult with interested agencies and associations. Standards

 

developed by the committee shall include application criteria,

 

performance objectives and measures, funding allocations, and

 

allowable uses of the funds, consistent with the purposes specified

 

in this section.

 

     (4) Allowable uses of the funds shall include reimbursing

 

counties for transportation, treatment costs, and housing felony

 

drunk drivers during a period of assessment for treatment and case

 


planning. Reimbursements for housing during the assessment process

 

shall be at the rate of $43.50 per day per offender, up to a

 

maximum of 5 days per offender.

 

     (5) The standards developed by the committee shall assign each

 

county a maximum funding allocation based on the amount the county

 

received under the county jail reimbursement program in fiscal year

 

2001-2002 for housing felony drunk drivers whose recommended

 

minimum sentence ranges under the sentencing guidelines described

 

in subsection (1)(c) had upper limits of 18 months or less.

 

     (6) Awards of funding under this section shall be provided

 

consistent with the local comprehensive corrections plans developed

 

under the community corrections act, 1988 PA 511, MCL 791.401 to

 

791.414. Funds awarded under this section may be used in

 

conjunction with funds awarded under grant programs established

 

under that act. Due to the need for felony drunk drivers to be

 

transitioned from county jails to community treatment services, it

 

is the intent of the legislature that local units of government

 

utilize funds received under this section to support county sheriff

 

departments.

 

     (7) As used in this section, "felony drunk driver" means a

 

felon convicted of operating a motor vehicle under the influence of

 

intoxicating liquor or a controlled substance, or both, third or

 

subsequent offense, under section 625(9)(c) of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.625, or its predecessor statute,

 

punishable as a felony.

 

     Sec. 420. (1) By April 1, 2008, the department shall report to

 

the members of the senate and house appropriations subcommittees on

 


corrections, the senate and house fiscal agencies, and the state

 

budget director on each of the following programs from the previous

 

fiscal year:

 

     (a) The county jail reimbursement program.

 

     (b) The felony drunk driver jail reduction and community

 

treatment program.

 

     (c) The alternatives to prison jail and treatment programs.

 

     (d) Any new initiatives to control prison population growth

 

funded or proposed to be funded under part 1.

 

     (2) For each program listed under subsection (1), the report

 

under subsection (1) shall include information on each of the

 

following:

 

     (a) Program objectives and outcome measures.

 

     (b) Expenditures by location.

 

     (c) The impact on jail utilization.

 

     (d) The impact on prison admissions.

 

     (e) Other information relevant to an evaluation of the

 

program.

 

     Sec. 421. (1) It is the intent of the legislature that the

 

department ensure that each prisoner make all reasonable efforts to

 

obtain the documents necessary to obtain a state operator's license

 

or state identification card prior to a prisoner's discharge or

 

parole hearing. The process for prisoners to acquire this

 

documentation shall be part of the department's operating procedure

 

by the end of the fiscal year.

 

     (2) The department shall cooperate with MDCH to develop a

 

process by which prisoners can obtain their birth certificates. By

 


April 1, 2008, the department shall report to the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, and the state budget director on the process

 

developed under this section.

 

     Sec. 422. (1) The department shall provide weekly electronic

 

mail reports to the senate and house appropriations subcommittees

 

on corrections, the senate and house fiscal agencies, and the state

 

budget director on prisoner, parolee, and probationer populations

 

by facility, and prison capacities.

 

     (2) The department shall provide monthly electronic mail

 

reports to the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, and the state

 

budget director on prison populations, community residential

 

program populations, parole populations, probation populations,

 

parole board activity, prison intake, and prisoner exits.

 

     Sec. 423. By February 1, 2008, the department shall report to

 

the senate and house appropriations subcommittees on corrections,

 

the senate and house fiscal agencies, and the state budget director

 

on the status of the department's response to the 2007 performance

 

audit of the department by the office of the auditor general.

 

     Sec. 424. From the funds appropriated in part 1 for prisoner

 

reintegration programs, $100.00 is provided for the purpose of

 

funding a reentry reemployment resource center pilot project for

 

county jail inmates.

 

     Sec. 425. It is the intent of the legislature that MPRI

 

programs become standard operating procedure in the department by

 

the end of the fiscal year. Budgets for subsequent fiscal years

 


shall not include specific funding for MPRI programs.

 

 

 

OPERATIONS AND SUPPORT ADMINISTRATION

 

     Sec. 501. From the funds appropriated in part 1 for

 

prosecutorial and detainer expenses, the department shall reimburse

 

counties for housing and custody of parole violators and offenders

 

being returned by the department from community placement who are

 

available for return to institutional status and for prisoners who

 

volunteer for placement in a county jail.

 

     Sec. 502. Funds included in part 1 for the sheriffs'

 

coordinating and training office are appropriated for and may be

 

expended to defray costs of continuing education, certification,

 

recertification, decertification, and training of local corrections

 

officers, the personnel and administrative costs of the sheriffs'

 

coordinating and training office, the local corrections officers

 

advisory board, and the sheriffs' coordinating and training council

 

under the local corrections officers training act, 2003 PA 125, MCL

 

791.531 to 791.546.

 

 

 

FIELD OPERATIONS ADMINISTRATION

 

     Sec. 601. From the funds appropriated in part 1, the

 

department shall conduct a statewide caseload audit of field

 

agents. The audit shall address public protection issues and assess

 

the ability of the field agents to complete their professional

 

duties. The results of the audit shall be submitted to the senate

 

and house appropriations subcommittees on corrections and the

 

senate and house fiscal agencies, and the state budget office by

 


April 1, 2008.

 

     Sec. 602. (1) Of the amount appropriated in part 1 for field

 

operations, a sufficient amount shall be allocated for the

 

community service work program and shall be used for salaries and

 

wages and fringe benefit costs of community service coordinators

 

employed by the department to supervise offenders participating in

 

work crew assignments. Funds shall also be used to cover motor

 

transport division rates on state vehicles used to transport

 

offenders to community service work project sites.

 

     (2) The community service work program shall provide offenders

 

with community service work of tangible benefit to a community

 

while fulfilling court-ordered community service work sanctions and

 

other postconviction obligations.

 

     (3) As used in this section, "community service work" means

 

work performed by an offender in an unpaid position with a

 

nonprofit or tax-supported or government agency for a specified

 

number of hours of work or service within a given time period.

 

     Sec. 603. (1) All prisoners, probationers, and parolees

 

involved with the electronic tether program shall reimburse the

 

department for costs associated with their participation in the

 

program. The department may require community service work

 

reimbursement as a means of payment for those able-bodied

 

individuals unable to pay for the costs of the equipment.

 

     (2) Program participant contributions and local community

 

tether program reimbursement for the electronic tether program

 

appropriated in part 1 are related to program expenditures and may

 

be used to offset expenditures for this purpose.

 


     (3) Included in the appropriation in part 1 is adequate

 

funding to implement the community tether program to be

 

administered by the department. The community tether program is

 

intended to provide sentencing judges and county sheriffs in

 

coordination with local community corrections advisory boards

 

access to the state's electronic tether program to reduce prison

 

admissions and improve local jail utilization. The department shall

 

determine the appropriate distribution of the tether units

 

throughout the state based upon locally developed comprehensive

 

corrections plans under the community corrections act, 1988 PA 511,

 

MCL 791.401 to 791.414.

 

     (4) For a fee determined by the department, the department

 

shall provide counties with the tether equipment, replacement

 

parts, administrative oversight of the equipment's operation,

 

notification of violators, and periodic reports regarding county

 

program participants. Counties are responsible for tether equipment

 

installation and service. For an additional fee as determined by

 

the department, the department shall provide staff to install and

 

service the equipment. Counties are responsible for the

 

coordination and apprehension of program violators.

 

     (5) Any county with tether charges outstanding over 60 days

 

shall be considered in violation of the community tether program

 

agreement and lose access to the program.

 

     Sec. 604. Community-placement prisoners and parolees shall

 

reimburse the department for the total costs of the program. As an

 

alternative method of payment, the department may develop a

 

community service work schedule for those individuals unable to

 


meet reimbursement requirements established by the department.

 

     Sec. 606. It is the intent of the legislature that the

 

department shall ensure that parolees and probationers may timely

 

contact their parole or probation agents and maintain procedures

 

that preclude any necessity for an offender to have access to an

 

agent's home telephone number or other personal information

 

pertaining to the agent.

 

     Sec. 608. By April 1, 2008, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director on

 

the use of GPS electronic monitoring. At a minimum, the report

 

shall include all of the following:

 

     (a) Details on the failure rate of parolees for whom GPS

 

tether is utilized, including the number and rate of parolee

 

technical violations, including specifying failures due to

 

committing a new crime that is uncharged but leads to parole

 

termination, and the number and rate of parolee violators with new

 

sentences.

 

     (b) Information on the factors considered in determining

 

whether an offender is placed on active GPS tether, passive GPS

 

tether, radio frequency tether, or some combination of these or

 

other types of electronic monitoring.

 

     (c) Monthly data on the number of offenders on active GPS

 

tether, passive GPS tether, radio frequency tether, and any other

 

type of tether.

 

     Sec. 611. The department shall prepare by April 1, 2008

 

individual reports for the community re-entry program, the

 


electronic tether program, and the special alternative to

 

incarceration program. The reports shall be submitted to the house

 

and senate appropriations subcommittees on corrections, the house

 

and senate fiscal agencies, and the state budget director. Each

 

program's report shall include information on all of the following:

 

     (a) Monthly new participants by type of offender. Community

 

re-entry program participants shall be categorized by reason for

 

placement.

 

     (b) Monthly participant unsuccessful terminations, including

 

cause.

 

     (c) Number of successful terminations.

 

     (d) End month population by facility/program.

 

     (e) Average length of placement.

 

     (f) Return to prison statistics.

 

     (g) Description of each program location or locations,

 

capacity, and staffing.

 

     (h) Sentencing guideline scores and actual sentence statistics

 

for participants, if applicable.

 

     (i) Comparison with prior year statistics.

 

     (j) Analysis of the impact on prison admissions and jail

 

utilization and the cost effectiveness of the program.

 

     Sec. 612. (1) The department shall review and revise as

 

necessary policy proposals that provide alternatives to prison for

 

offenders being sentenced to prison as a result of technical

 

probation violations and technical parole violations. To the extent

 

the department has insufficient policies or resources to affect the

 

continued increase in prison commitments among these offender

 


populations, the department shall explore other policy options to

 

allow for program alternatives, including department or OCC-funded

 

programs, local level programs, and programs available through

 

private agencies that may be used as prison alternatives for these

 

offenders.

 

     (2) To the extent policies or programs described in subsection

 

(1) are used, developed, or contracted for, the department may

 

request that funds appropriated in part 1 be transferred under

 

section 393(2) of the management and budget act, 1984 PA 431, MCL

 

18.1393, for their operation.

 

     (3) The department shall continue to utilize parole violator

 

processing guidelines that require parole agents to utilize all

 

available appropriate community-based, nonincarcerative postrelease

 

sanctions and services when appropriate. The department shall

 

periodically evaluate such guidelines for modification, in response

 

to emerging information from the pilot projects for substance abuse

 

treatment provided under this article and applicable provisions of

 

prior budget acts for the department.

 

     (4) The department shall provide monthly reports to the senate

 

and house appropriations subcommittees on corrections, the senate

 

and house fiscal agencies, and the state budget director on the

 

number of all parolees returned to prison and probationers

 

sentenced to prison for either a technical violation or new

 

sentence during the preceding calendar month. The reports shall

 

include the following information each for probationers, parolees

 

after their first parole, and parolees who have been paroled more

 

than once:

 


     (a) The numbers of parole and probation violators returned to

 

or sent to prison or jail for a new crime with a comparison of

 

original versus new offenses by major offense type: assaultive,

 

nonassaultive, drug, and sex.

 

     (b) The numbers of parole and probation violators returned to

 

or sent to prison or jail for a technical violation and the type of

 

violation, including, but not limited to, zero gun tolerance and

 

substance abuse violations.

 

     (c) The educational history of those offenders, including how

 

many had a GED or high school diploma prior to incarceration in

 

prison, how many received a GED while in prison, and how many

 

received a vocational certificate while in prison.

 

     (d) The number of offenders who participated in the MPRI

 

versus the number of those who did not.

 

     (e) The unduplicated number of offenders who participated in

 

substance abuse treatment programs, mental health treatment

 

programs, or both, while in prison.

 

     Sec. 613. The department shall report by February 1, 2008 to

 

the members of the senate and house appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, and the state

 

budget director on parole and probation special operations program

 

participants from October 1, 2005 to September 30, 2007.

 

 

 

CONSENT DECREES

 

     Sec. 701. Funding appropriated in part 1 for consent decree

 

line items is appropriated into separate control accounts created

 

for each line item. Funding in each control account shall be

 


distributed as necessary into separate accounts created for the

 

purpose of separately identifying costs and expenditures associated

 

with each consent decree.

 

 

 

HEALTH CARE

 

     Sec. 801. The department shall not expend funds appropriated

 

under part 1 for any surgery, procedure, or treatment to provide or

 

maintain a prisoner's sex change unless it is determined medically

 

necessary by the chief medical officer of the department.

 

     Sec. 802. (1) As a condition of expenditure of the funds

 

appropriated in part 1, the department shall provide the senate and

 

house of representatives appropriations subcommittees on

 

corrections, the senate and house fiscal agencies, and the state

 

budget director with all of the following:

 

     (a) Monthly reports on physical and mental health care

 

detailing the average number of days between a prisoner's diagnosis

 

and commencement of treatment for that diagnosis, quarterly and

 

fiscal year-to-date expenditures itemized by vendor, allocations,

 

status of payments from contractors to vendors, and projected year-

 

end expenditures from accounts for prisoner health care, mental

 

health care, pharmaceutical services, and durable medical

 

equipment.

 

     (b) By March 1, 2008, a report on the findings and

 

recommendations of the national commission on correctional health

 

care with regard to the following:

 

     (i) Bureau of health care services organizational structure,

 

administration, and management.

 


     (ii) Timeliness, appropriateness, and quality of the following

 

services:

 

     (A) Clinical services provided through the department,

 

including nursing, dental, and clinical support services.

 

     (B) Clinical psychological services provided through the

 

department, including intake processing, assaultive offender

 

program, and sex offender treatment program.

 

     (C) Mental health services to treat the seriously mentally ill

 

provided through the department of community health, including

 

inpatient care, rehabilitative treatment, residential treatment,

 

crisis stabilization, and outpatient mental health treatment.

 

     (D) Primary on-site medical services, on-site inpatient

 

medical services, specialty services, and utilization review

 

procedures provided by the state's health care contractors.

 

     (2) It is the intent of the legislature that, in the interest

 

of providing the most efficient and cost-effective delivery of

 

health care, local health care providers shall be considered and

 

given the opportunity to competitively bid as vendors under future

 

managed care contracts.

 

     Sec. 803. It is the intent of the legislature that, with the

 

funds appropriated in part 1 for hospital and specialty care

 

services, the department shall ensure that local providers of

 

ambulance services to prisoners be reimbursed within 60 days of the

 

filing of any uncontested claim for service.

 

     Sec. 804. The department shall incorporate pharmacy benefit

 

services in the bureau of health care services by including them in

 

managed care contracts or providing for them in fee-for-service

 


programs. By April 1, 2008, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director on

 

specific initiatives and savings under this section.

 

     Sec. 804a. (1) The department shall report monthly to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director on

 

prisoner health care utilization. The report shall include the

 

number of inpatient hospital days, outpatient visits, and emergency

 

room visits in the previous month and since October 1, 2007, by

 

facility.

 

     (2) By April 1, 2008, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director on

 

prisoners receiving off-site inpatient medical care that would have

 

received care in a state correctional facility if beds were

 

available. The report shall include the number of prisoners

 

receiving off-site inpatient medical care and average length of

 

stay in an off-site facility during the period they would have

 

received care in a state correctional facility if beds were

 

available, by month and correctional facilities administration

 

region.

 

     Sec. 805. The bureau of health care services shall develop

 

information on hepatitis C and human immunodeficiency virus (HIV)

 

prevention and the risks associated with exposure to hepatitis C

 

and HIV. The health care providers shall disseminate this

 

information verbally and in writing to each prisoner at the health

 


screening and full health appraisal conducted at admissions, at the

 

annual health care screening 1 week before or after a prisoner's

 

birthday, and prior to release to the community by parole, transfer

 

to community residential placement, or discharge on the maximum.

 

     Sec. 806. (1) From the funds appropriated in part 1, the

 

department shall require a hepatitis C antibody test and an HIV

 

test for each prisoner at the health screening at admissions, and

 

prior to release to the community by parole, transfer to community

 

residential placement, or discharge on the maximum sentence. An

 

explanation of results of the test shall be provided confidentially

 

to the prisoner, and if appropriate based on the test results, the

 

prisoner shall also be provided a recommendation to seek follow-up

 

medical attention.

 

     (2) By March 1, 2008, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house appropriations subcommittees on community health,

 

the senate and house fiscal agencies, and the state budget director

 

on the number of offenders testing positive for HIV, hepatitis C

 

antibody, or both at prison admission and parole, transfer to

 

community residential placement, or discharge on the maximum

 

sentence. The department shall keep records of those offenders

 

testing positive for HIV, hepatitis C antibody, or both at prison

 

admission, parole, transfer to community residential placement, and

 

discharge. These records shall clearly state the date each test was

 

performed.

 

     (3) As a condition of expenditure of the funds appropriated in

 

part 1, the department shall keep records of the following:

 


     (a) The number of offenders testing positive for the hepatitis

 

C antibody who do not receive treatment, by reason for not

 

participating.

 

     (b) The number of offenders achieving a sustained viral

 

response from hepatitis C treatment.

 

     (c) Cost and duration of treatment by offender.

 

     Sec. 807. The department shall ensure that all medications for

 

a prisoner be transported with that prisoner when the prisoner is

 

transferred from 1 correctional facility to another. Prisoners

 

being released shall be provided with a supply of medication to

 

allow for continuity of care in the community.

 

     Sec. 808. There are sufficient funds and FTEs appropriated in

 

part 1 to provide a full complement of nurses for clinical

 

complexes working regular pay hours, and it is the intent of the

 

legislature that sufficient nurses be hired or retained to limit

 

the use of overtime other-than-holiday pay.

 

     Sec. 809. The department, in conjunction with efforts to

 

implement the MPRI, shall cooperate with the MDCH to share data and

 

information as they relate to prisoners being released who are HIV

 

positive or positive for the hepatitis C antibody. By April 1,

 

2008, the department shall report to the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, and the state budget director on all of the

 

following:

 

     (a) The progress and results of its work with MDCH.

 

     (b) The potential outcomes from its work with MDCH.

 

     (c) Programs and the location of programs implemented as a

 


result of the work under this section.

 

     (d) The programs' potential impact on the state budget.

 

     (e) The number of prisoners released to the community by

 

parole, discharge on the maximum sentence, or transfer to community

 

residential placement who are HIV positive, positive for the

 

hepatitis C antibody, or both.

 

     (f) The number of offenders successfully referred to the local

 

public health department, by county, and number of parolees

 

participating in treatment for hepatitis C, HIV, or both after 6

 

months in the community, by county.

 

     Sec. 811. By November 1, 2007, the department shall provide to

 

the senate and house appropriations subcommittees on corrections,

 

the senate and house fiscal agencies, and the state budget director

 

a copy of the bureau of health care services quality assurance

 

report. The report shall include recommendations for quality

 

improvements and a plan to implement those recommendations.

 

 

 

CORRECTIONAL FACILITIES ADMINISTRATION

 

     Sec. 901. (1) By October 1, 2007, the department shall

 

implement a pilot program to prohibit smoking areas, cigarettes,

 

tobacco products, and smoking materials at correctional facilities.

 

The pilot program may include any number of facilities if 1 of each

 

of the following facilities is included:

 

     (a) A level I facility or facility that includes not less than

 

1 level I housing unit.

 

     (b) A level II facility or facility that includes not less

 

than 1 level II housing unit.

 


     (c) A level IV facility or facility that includes not less

 

than 1 level IV housing unit.

 

     (d) A level V facility or facility that includes not less than

 

1 level V housing unit.

 

     (e) A facility that includes not less than 1 administrative

 

segregation unit.

 

     (2) The department shall report to the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, and the state budget director on the results of

 

the pilot program implemented under subsection (1) no later than

 

September 30, 2008. The report shall include all of the following

 

information:

 

     (a) The budgetary impact of the program at the pilot

 

facilities, and the expected budgetary impact if the program were

 

to be implemented statewide.

 

     (b) The pilot program's effect on the safety and security of

 

the institution.

 

     (c) Details on the department's efforts to provide smoking

 

cessation programs for prisoners and staff.

 

     Sec. 902. From the funds appropriated in part 1, the

 

department shall allocate sufficient funds to develop a pilot

 

children's visitation program. The pilot program shall teach

 

parenting skills and arrange for day visitation at these facilities

 

for parents and their children, except for the families of

 

prisoners convicted of a crime involving criminal sexual conduct in

 

which the victim was less than 18 years of age or involving child

 

abuse.

 


     Sec. 903. The department shall prohibit prisoners access to or

 

use of the Internet or any similar system.

 

     Sec. 904. Any department employee who, in the course of his or

 

her job, is determined by a physician to have had a potential

 

exposure to the hepatitis B virus, shall receive a hepatitis B

 

vaccination upon request.

 

     Sec. 905. (1) The inmate housing fund shall be used for the

 

custody, treatment, clinical, and administrative costs associated

 

with the housing of prisoners other than those specifically

 

budgeted for elsewhere in this article. Funding in the inmate

 

housing fund is appropriated into a separate control account.

 

Funding in the control account shall be distributed as necessary

 

into separate accounts created to separately identify costs for

 

specific purposes.

 

     (2) Quarterly reports on all expenditures from the inmate

 

housing fund shall be submitted by the department to the state

 

budget director, the senate and house appropriations subcommittees

 

on corrections, and the senate and house fiscal agencies.

 

     Sec. 906. The department shall establish a uniform rate to be

 

paid by agencies that benefit from public work services provided by

 

special alternative incarceration participants and prisoners.

 

     Sec. 907. The department shall report monthly to the senate

 

and house appropriations subcommittees on corrections, the senate

 

and house fiscal agencies, and the state budget director on

 

academic/vocational programs. The report shall provide information

 

relevant to an assessment of the department's academic and

 

vocational programs, including, but not limited to, the following:

 


     (a) The number of instructors and the number of instructor

 

vacancies, by program and facility.

 

     (b) The number of prisoners enrolled in each program, the

 

number of prisoners completing each program, the number of

 

prisoners who fail each program, the number of prisoners who do not

 

complete each program and the reason for not completing the

 

program, the number of prisoners transferred to another facility

 

while enrolled in a program and the reason for transfer, the number

 

of prisoners enrolled who are repeating the program by reason, and

 

the number of prisoners on waiting lists for each program, all

 

itemized by facility.

 

     (c) The steps the department has undertaken to improve

 

programs, accommodate transfers and prisoners with health care

 

needs, and reduce waiting lists.

 

     (d) The number of prisoners not paroled at their earliest

 

release date due to lack of a general educational development

 

(G.E.D.) certificate, and the reason the prisoners do not have

 

their G.E.D. certificates.

 

     (e) An explanation of the value and purpose of each program,

 

e.g., to improve employability, reduce recidivism, reduce prisoner

 

idleness, or some combination of these and other factors.

 

     (f) An identification of program outcomes for each academic

 

and vocational program.

 

     (g) An explanation of the department's plans for academic and

 

vocational programs.

 

     Sec. 908. (1) By February 1, 2008, the department shall report

 

to the senate and house appropriations subcommittees on

 


corrections, the senate and house fiscal agencies, and the state

 

budget director, the percent of offenders included in the prison

 

population intake for fiscal years 2005-2006 and 2006-2007 who have

 

a high school diploma or a general educational development (GED)

 

certificate.

 

     (2) By February 1, 2008, the department shall provide the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director

 

with statistical reports on the efficacy of both department-

 

provided prison general education and vocational education programs

 

in reducing offender recidivism rates. At a minimum, the report

 

should compare the recidivism rates of the following groups of

 

offenders:

 

     (a) Offenders who completed a GED while in prison and

 

participated in the MPRI.

 

     (b) Offenders who completed a GED while in prison but did not

 

participate in the MPRI.

 

     (c) Offenders who completed a vocational education program

 

while in prison and participated in the MPRI.

 

     (d) Offenders who completed a vocational education program

 

while in prison but did not participate in the MPRI.

 

     Sec. 909. As a condition of expending funds appropriated for

 

academic/vocational programs under part 1, the department shall by

 

January 31, 2008 provide a plan to increase certification rates

 

among prisoners enrolled in general educational development (GED)

 

programs at correctional facilities to the members of the senate

 

and house appropriations committees, the senate and house fiscal

 


agencies, and the state budget director. The plan shall include

 

detailed information on certification rates for the most recent 5-

 

year period, a comparison with prisoner certification rates in

 

other states and a national average, and details on how the

 

department plans to improve certification rates.

 

     Sec. 910. The department shall allow the Michigan Braille

 

transcribing fund program to operate at its current location. The

 

donation of the building by the Michigan Braille transcribing fund

 

at the G. Robert Cotton correctional facility in Jackson is

 

acknowledged and appreciated. The department shall continue to

 

encourage the Michigan Braille transcribing fund to produce high-

 

quality materials for use by the visually impaired.

 

     Sec. 911. (1) From the appropriations in part 1, the

 

department shall ensure that all prisoner activities shall include

 

the presence of a sufficient number of correctional officers needed

 

to maintain the safety and security of the institution.

 

     (2) By February 1, 2008, the department shall report to the

 

senate and house appropriations subcommittees on corrections, the

 

senate and house fiscal agencies, and the state budget director the

 

number of critical incidents occurring each month by type and the

 

number and severity of assaults occurring each month at each

 

facility during calendar year 2007.

 

     Sec. 912. The department shall report to the senate and house

 

appropriations subcommittees on corrections, the senate and house

 

fiscal agencies, and the state budget director by April 1, 2008 on

 

the ratio of correctional officers to prisoners for each

 

correctional institution, the ratio of shift command staff to line

 


custody staff, and the ratio of noncustody institutional staff to

 

prisoners for each correctional institution.

 

     Sec. 913. The department shall develop and maintain a

 

statewide waiting list for offenders referred for assessment for

 

the assaultive offender program for parole eligibility and, if

 

possible, shall transfer prisoners into facilities where assaultive

 

offender programs are available in order to facilitate timely

 

participation and completion prior to parole eligibility hearings.

 

Nothing in this section should be deemed to make parole denial

 

appealable in court.

 

     Sec. 914. The department shall only provide for prisoner

 

transportation from the funds appropriated in part 1 for prisoner

 

transportation.

 

     Sec. 915. The department shall only provide for prisoner food

 

service from the funds appropriated in part 1 for prisoner food

 

service.

 

     Sec. 916. The department shall only provide for public works

 

projects from the funds appropriated in part 1 for public works

 

projects. Public works projects shall be continued at the level as

 

enacted in 2006 PA 331.

 

     Sec. 917. The department shall only provide for nonholiday

 

overtime pay from the funds appropriated in part 1 for nonholiday

 

overtime pay.

 

     Sec. 918. Included in the appropriations in part 1 are savings

 

to be achieved through eliminating funding for vacant positions.

 

     Sec. 919. From the funds appropriated in part 1 for northern

 

region, southeastern region, and southwestern region correctional

 


facilities, the department shall allocate $100.00 for the purchase

 

of stab-proof vests.

 

     Sec. 920. The department shall implement evidence-based

 

programs that change offenders’ values, beliefs, and attitudes

 

toward victims and the community.

 

     Sec. 921. The department, in conjunction with the department

 

of management and budget, shall solicit competitive bids for

 

prisoner transportation services.

 

     Sec. 922. The department, in conjunction with the department

 

of management and budget, shall solicit competitive bids for

 

prisoner food services.

 

     Sec. 923. The department shall make every effort to operate

 

prison farming operations at every correctional facility, where

 

practical, in order to provide food for correctional facilities and

 

not-for-profit organizations.

 

 

 

 

 

ARTICLE 5

 

DEPARTMENT OF EDUCATION

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 

of education for the fiscal year ending September 30, 2008, from

 

the funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

DEPARTMENT OF EDUCATION

 


APPROPRIATION SUMMARY:

 

Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 416.6

 

GROSS APPROPRIATION.................................... $     93,321,600

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $     93,321,600

 

   Federal revenues:

 

Total federal revenues.................................        72,749,800

 

   Special revenue funds:

 

Local cost sharing (schools for blind/deaf)............         6,142,200

 

Local school district service fees.....................           306,700

 

Total local revenues...................................         6,448,900

 

Gifts, bequests, and donations.........................           740,600

 

Private foundations....................................         2,431,200

 

Total private revenues.................................         3,171,800

 

Total local and private revenues.......................         9,620,700

 

Certification fees.....................................         5,957,700

 

Commodity distribution fees............................            71,700

 

Student insurance revenue..............................           218,600

 

Teacher college review fees............................            54,000

 

Teacher testing fees...................................           523,500

 

Tenant rent............................................           261,000

 

Training and orientation workshop fees.................           150,000

 

Total other state restricted revenues..................         7,236,500

 

State general fund/general purpose..................... $      3,714,600

 


   Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE

 

SUPERINTENDENT

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions............ 4.0

 

State board of education, per diem payments............ $         24,400

 

Unclassified positions--6.0 FTE positions..............           515,600

 

State board/superintendent operations--4.0 FTE

 

   positions............................................         2,018,600

 

GROSS APPROPRIATION.................................... $      2,558,600

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         1,969,400

 

   Special revenue funds:

 

Certification fees.....................................           199,100

 

Private foundations....................................            26,700

 

State general fund/general purpose..................... $        363,400

 

   Sec. 103. CENTRAL SUPPORT

 

   Full-time equated classified positions........... 14.0

 

Central support--14.0 FTE positions.................... $      2,927,000

 

Worker's compensation..................................            45,000

 

Building occupancy charges - property management

 

   services.............................................         1,692,300

 

Human resources optimization user charges..............            23,900

 

Tenant rent............................................           261,000

 

Training and orientation workshops.....................           150,000

 

Terminal leave payments................................           574,700

 

GROSS APPROPRIATION.................................... $      5,673,900

 


    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         3,989,900

 

   Special revenue funds:

 

Certification fees.....................................           407,800

 

Local cost sharing (schools for blind/deaf)............            68,400

 

Teacher testing fees...................................            14,700

 

Tenant rent............................................           261,000

 

Training and orientation workshop fees.................           150,000

 

State general fund/general purpose..................... $        782,100

 

   Sec. 104. INFORMATION TECHNOLOGY SERVICES

 

Information technology operations...................... $       2,629,700

 

GROSS APPROPRIATION.................................... $      2,629,700

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         1,767,700

 

   Special revenue funds:

 

Certification fees.....................................           245,000

 

Local cost sharing (schools for blind/deaf)............           142,000

 

State general fund/general purpose..................... $        475,000

 

   Sec. 105. SPECIAL EDUCATION SERVICES

 

   Full-time equated classified positions........... 49.0

 

Special education operations--49.0 FTE positions....... $      11,336,700

 

GROSS APPROPRIATION.................................... $     11,336,700

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        10,972,800

 


   Special revenue funds:

 

Certification fees.....................................            38,400

 

Private foundations....................................           104,800

 

State general fund/general purpose..................... $        220,700

 

   Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

   Full-time equated classified positions.......... 103.0

 

Michigan schools for the deaf and blind

 

   operations--102.0 FTE positions...................... $     12,659,000

 

Summer institute.......................................            90,000

 

Camp Tuhsmeheta--1.0 FTE position......................           295,100

 

Private gifts - blind..................................            90,000

 

Private gifts - deaf...................................            50,000

 

GROSS APPROPRIATION.................................... $     13,184,100

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         5,997,300

 

   Special revenue funds:

 

Local cost sharing (schools for blind/deaf) ...........         5,931,800

 

Local school district service fees.....................           295,800

 

Gifts, bequests, and donations.........................           740,600

 

Student insurance revenue..............................           218,600

 

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

 

   Sec. 107. PROFESSIONAL PREPARATION SERVICES

 

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

 

Professional preparation operations--30.0 FTE

 

   positions............................................ $      7,007,400

 

National board certification...........................           100,000

 


Department of attorney general.........................            50,000

 

GROSS APPROPRIATION.................................... $      7,157,400

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         2,647,800

 

   Special revenue funds:

 

Certification fees.....................................         3,946,800

 

Teacher testing fees...................................           508,800

 

Teacher college review fees............................            54,000

 

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

 

   Sec. 108. EARLY CHILDHOOD EDUCATION AND FAMILY

 

SERVICES

 

   Full-time equated classified positions........... 22.5

 

Early childhood education and family services

 

   operations--22.5 FTE positions....................... $       4,285,900

 

GROSS APPROPRIATION.................................... $      4,285,900

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         3,255,100

 

   Special revenue funds:

 

Certification fees.....................................            58,600

 

Private foundations....................................          191,700

 

State general fund/general purpose..................... $        780,500

 

   Sec. 109. SCHOOL IMPROVEMENT SERVICES

 

   Full-time equated classified positions........... 73.3

 

School improvement operations--73.3 FTE positions...... $     16,673,800

 

Subject area content expectations and guidelines.......           100,000

 


GROSS APPROPRIATION.................................... $     16,773,800

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        14,958,100

 

   Special revenue funds:

 

Certification fees.....................................           531,300

 

Private foundations....................................         1,108,000

 

State general fund/general purpose..................... $        176,400

 

   Sec. 110. SCHOOL FINANCE AND SCHOOL LAW SERVICES

 

   Full-time equated classified positions............ 9.6

 

School finance and school law operations--9.6 FTE

 

   positions............................................ $       2,188,000

 

GROSS APPROPRIATION.................................... $      2,188,000

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         1,432,100

 

   Special revenue funds:

 

Certification fees.....................................           530,700

 

State general fund/general purpose..................... $        225,200

 

   Sec. 111. EDUCATIONAL ASSESSMENT AND ACCOUNTABILITY

 

   Full-time equated classified positions........... 28.3

 

Educational assessment operations--28.3 FTE positions.. $      12,285,700

 

GROSS APPROPRIATION.................................... $     12,285,700

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................        12,285,700

 

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

 


   Sec. 112. GRANTS ADMINISTRATION AND SCHOOL SUPPORT

 

SERVICES

 

   Full-time equated classified positions........... 56.2

 

Grants administration and school support services

 

   operations--56.2 FTE positions....................... $      7,987,400

 

Federal and private grants.............................         3,000,000

 

GROSS APPROPRIATION.................................... $     10,987,400

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         9,470,800

 

   Special revenue funds:

 

Commodity distribution fees............................            71,700

 

Local school district service fees.....................            10,900

 

Private foundations....................................         1,000,000

 

State general fund/general purpose..................... $        434,000

 

   Sec. 113. EDUCATIONAL TECHNOLOGY AND DATA

 

COORDINATION

 

   Full-time equated classified positions............ 7.7

 

Educational technology and data coordination--7.7

 

   FTE positions........................................ $         800,300

 

GROSS APPROPRIATION.................................... $        800,300

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................           800,300

 

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

 

   Sec. 114. CAREER AND TECHNICAL EDUCATION

 

   Full-time equated classified positions........... 19.0

 


Career and technical education operations--19.0

 

FTE positions........................................ $       3,460,100

 

GROSS APPROPRIATION.................................... $      3,460,100

 

    Appropriated from:

 

   Federal revenues:

 

Federal revenues.......................................         3,202,800

 

State general fund/general purpose..................... $        257,300

 

 

 

 

 

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 $10,951,100.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is estimated at $0.

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "Department" means the Michigan department of education.

 

     (b) "District" means a local school district as defined in

 

section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a

 

public school academy as defined in section 5 of the revised school

 

code, 1976 PA 451, MCL 380.5.

 

     (c) "FTE" means full-time equated.

 


     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. The department shall use the Internet to fulfill the

 

reporting requirements of this article. This requirement may

 

include transmission of reports via electronic mail to the

 

recipients identified for each reporting requirement, or it may

 

include placement of reports on an Internet or Intranet site.

 

     Sec. 206. The department shall provide through the Internet

 

the state board of education agenda and all supporting documents,

 

and shall notify the state budget director and the senate and house

 

fiscal agencies that the agenda and supporting documents are

 

available on the Internet, at the time the agenda and supporting

 

documents are provided to state board of education members.

 

     Sec. 207. (1) Upon receipt of the federal drug-free grant, the

 

department shall allocate $225,000.00 of the grant to the safe

 

school program within the department. The safe school program shall

 

work with local school boards, parents of enrolled students, law

 

enforcement agencies, community leaders, and the office of drug

 

control policy for the prevention of school violence. The safe

 

school program shall develop and implement, and serve as

 

coordinator of, a statewide clearinghouse for information, program

 

development, model programs and policies, and technical assistance

 

on school violence prevention.

 

     (2) To accomplish its functions under this section, the safe

 


school program shall do all of the following:

 

     (a) Coordinate with the office of drug control policy in the

 

department of community health to ensure that there is a meaningful

 

linkage between the efforts under this article to provide safe

 

schools and the initiatives undertaken through that office,

 

including, but not limited to, school districts' safe and drug-free

 

school plans, and to facilitate timely applications for and

 

distribution of available grant money.

 

     (b) Provide through the Internet the availability to access,

 

and provide through the Internet information regarding, the state

 

model policy on locker searches, the state model policy on firearm

 

safety and awareness, and any other state or local safety policies

 

that the office considers exemplary.

 

     (c) Advance, promote, and encourage the awareness and use of

 

the state police anti-violence hotline.

 

     Sec. 208. The department shall require all public school

 

districts to maintain complete records within the personnel file of

 

a teacher or school employee of any disciplinary actions taken by

 

the local school board against the teacher or employee for sexual

 

misconduct. The records shall not be destroyed or removed from the

 

teacher's or employee's personnel file except as required by a

 

court order.

 

     Sec. 209. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. Such user fees shall be subject to

 

provisions of an interagency agreement between the departments and

 


the department of information technology.

 

     Sec. 210. 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. 211. Before publishing a list of schools or districts

 

determined to have failed to make adequate yearly progress as

 

required by the no child left behind act of 2001, Public Law 107-

 

110, the department shall allow a school or district to appeal that

 

determination. The department shall consider and act upon the

 

appeal within 30 days after it is submitted and shall not publish

 

the list until after all appeals have been considered and decided.

 

     Sec. 212. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and 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. 213. (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 loss of revenue to the

 

state, result in the inability of the state to receive federal

 

funds, or necessitate additional expenditures that exceed any

 

savings from maintaining a vacancy. The state budget director shall

 

report quarterly to the chairpersons of the senate and house of

 

representatives standing committees on appropriations the number of

 

exceptions to the hiring freeze approved during the previous

 

quarter and the reasons to justify the exception.

 

     Sec. 214. (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 house and senate 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. 215. The department shall not take disciplinary action

 

against an employee who communicates truthfully and factually with

 

a member of the legislature or his or her staff.

 

     Sec. 216. The director shall take all reasonable steps to

 

ensure businesses in deprived and depressed communities compete for

 

and perform contracts to provide services or supplies, or both.

 

Each director shall strongly encourage firms with which the

 

department contracts to subcontract with certified businesses in

 

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

 

     Sec. 217. The department shall pay within 60 days of

 

submission the full amount of any bills submitted by the auditor

 

general for all costs incurred by the auditor general while

 

conducting audits of federally funded programs. The department

 

shall expend federal funds allowable under federal law to satisfy

 

any charges billed by the auditor general.

 

     Sec. 220. The department shall provide data requested by a

 

member of the legislature, his or her staff, or the house and

 

senate fiscal agencies in a timely manner.

 

     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. (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. 223. 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 report to the state budget director, the senate

 

and house appropriations subcommittees, and the senate and house

 

fiscal agencies on the progress made toward increased efficiencies

 

in departmental 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.

 

     Sec. 224. From the amount appropriated in part 1, the

 

department shall conduct a comprehensive performance audit of the

 

Detroit public schools. The audit shall be completed and delivered

 

to the members of the senate and house appropriations committees by

 


March 1, 2008.

 

 

 

STATE BOARD/OFFICE OF THE SUPERINTENDENT

 

     Sec. 301. (1) The appropriations in part 1 may be used for per

 

diem payments to the state board for meetings at which a quorum is

 

present or for performing official business authorized by the state

 

board. The per diem payments shall be at a rate as follows:

 

     (a) State board of education - president - $110.00 per day.

 

     (b) State board of education - member other than president -

 

$100.00 per day.

 

     (2) A state board of education member shall not be paid a per

 

diem for more than 30 days per year.

 

     (3) The state board executive shall report to the public, the

 

senate and house fiscal agencies, and the state budget director the

 

previous quarter's expenses by fund source for members of the state

 

board of education.

 

     Sec. 302. From the amount appropriated in part 1 to the state

 

board of education, not more than $35,000.00 shall be expended for

 

in-state travel and out-of-state travel directly related to the

 

duties of the state board of education.

 

 

 

MICHIGAN SCHOOLS FOR THE DEAF AND BLIND

 

     Sec. 401. The employees at the Michigan schools for the deaf

 

and blind who work on a school year basis shall be considered

 

annual employees for purposes of service credits, retirement, and

 

insurance benefits.

 

     Sec. 402. For each student enrolled at the Michigan schools

 


for the deaf and blind, the department shall assess the

 

intermediate school district of residence 100% of the cost of

 

operating the student's instructional program. The amount shall

 

exclude room and board related costs and the cost of weekend

 

transportation between the school and the student's home.

 

     Sec. 404. (1) The department may assess rent or lease excess

 

property located on the campus of the Michigan schools for the deaf

 

and blind in Flint to private or publicly funded organizations.

 

     (2) In addition to those funds appropriated in part 1, the

 

department may receive and expend additional funds from lease

 

agreements at the Michigan schools for the deaf and blind Flint

 

campus that have been negotiated with the approval of the

 

department of management and budget. These funds are appropriated

 

to the department for the operation, maintenance, and renovation

 

expenses associated with the leased space.

 

     (3) From the unexpended balances of appropriations for the

 

schools for the deaf and blind operations, up to $250,000.00 of any

 

unexpended and unencumbered funds remaining on September 30, 2008

 

may be carried forward as a work project and expended for special

 

maintenance and repairs of facilities at the campus of the Michigan

 

schools for the deaf and blind in Flint. The work shall be carried

 

out by state employees, or by contract as necessary, at an

 

estimated cost of $250,000.00. The estimated completion date of the

 

work is September 30, 2009.

 

     (4) From the tenant rent appropriation for Fay hall, up to

 

$100,000.00 of any unexpended and unencumbered funds remaining on

 

September 30, 2008 may be carried forward as a work project or as

 


restricted revenue and expended for special maintenance and repairs

 

of facilities at Fay hall. The work project may be performed by

 

state employees, or by contract when necessary, at an estimated

 

cost of $100,000.00. The estimated completion date of the work

 

project is September 30, 2009.

 

     Sec. 405. The department may assist the department of

 

community health, other departments, and local school districts to

 

secure reimbursement for eligible services provided in Michigan

 

schools from the federal Medicaid program. The department may

 

submit reports of direct expenses related to this effort to the

 

department of community health for reimbursement.

 

     Sec. 406. (1) The Michigan schools for the deaf and blind may

 

promote its residential program as a possible appropriate option

 

for children who are deaf or hard of hearing or who are blind or

 

visually impaired. The Michigan schools for the deaf and blind

 

shall distribute information detailing its services to all

 

intermediate school districts in the state.

 

     (2) Upon knowledge of or recognition by an intermediate school

 

district that a child in the district is deaf or hard of hearing or

 

blind or visually impaired, the intermediate school district shall

 

provide to the parents of the child the literature distributed by

 

the Michigan schools for the deaf and blind to intermediate school

 

districts under subsection (1).

 

     (3) Parents will continue to have a choice regarding the

 

educational placement of their deaf or hard of hearing children.

 

 

 

Professional preparation services

 


     Sec. 501. From the funds appropriated in part 1 for

 

professional preparation services, the department shall maintain

 

the professional personnel register and certificate

 

revocation/felony conviction files.

 

     Sec. 502. The department shall authorize teacher preparation

 

institutions to provide an alternative program by which up to 1/2

 

of the required student internship or student teaching credits may

 

be earned through substitute teaching. The department shall require

 

that teacher preparation institutions collaborate with school

 

districts to ensure that the quality of instruction provided to

 

student teachers is comparable to that required in a traditional

 

student teaching program.

 

     Sec. 505. From the funds appropriated in part 1 for national

 

board certification, the department shall pay 1/2 of the

 

application fee for teachers who are considered by the department

 

to be qualified to apply to the national board for professional

 

teaching standards for professional teaching certificates or

 

licenses and to provide grants to recognize and reward teachers who

 

receive certification or licensure.

 

 

 

OFFICE OF SCHOOL IMPROVEMENT

 

     Sec. 601. From the amount appropriated in part 1 for the

 

office of school improvement, there is allocated $350,000.00 and

 

3.5 FTE positions to operate a charter school office to administer

 

charter school legislation and associated regulations, and to

 

coordinate the activities of the department relating to charter

 

schools.

 


     Sec. 603. The funds appropriated in part 1 for subject area

 

content expectations and guidelines shall be used for the

 

development, approval, and implementation of subject area content

 

expectations and guidelines that apply to the credit requirements

 

of the Michigan merit standard, as required under section 1278b of

 

the revised school code, 1976 PA 451, MCL 380.1278b.

 

 

 

INFORMATION TECHNOLOGY

 

     Sec. 701. The department shall work in collaboration with the

 

center for educational performance and information to support the

 

comprehensive educational information system and all data

 

collection efforts of the department.

 

 

 

GRANTS ADMINISTRATION AND SCHOOL SUPPORT SERVICES

 

     Sec. 901. Within 10 days of the receipt of a grant

 

appropriated in the federal and private grants line item in part 1,

 

the department shall notify the house and senate chairpersons of

 

the appropriations subcommittees responsible for the department

 

budget, the house and senate fiscal agencies, and the state budget

 

director of the receipt of the grant, including the funding source,

 

purpose, and amount of the grant.

 

 

 

 

 

ARTICLE 6

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,


 

the amounts listed in this part are appropriated for the department

 

of environmental quality for the fiscal year ending September 30,

 

2008, from the funds indicated in this part. The following is a

 

summary of the appropriations in this part:

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 1,561.7

 

GROSS APPROPRIATION.................................... $    357,915,100

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        18,590,100

 

ADJUSTED GROSS APPROPRIATION........................... $    339,325,000

 

   Federal revenues:

 

Total federal revenues.................................       131,807,400

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................           455,100

 

Total other state restricted revenues..................       182,430,100

 

State general fund/general purpose..................... $     24,632,400

 

FUND SOURCE SUMMARY:

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 1,561.7

 

GROSS APPROPRIATION.................................... $    357,915,100

 

   Interdepartmental grant revenues:

 

IDG-MDCH, local public health operations...............        10,472,500

 


IDG-MDSP...............................................           768,300

 

IDG, Michigan transportation fund......................         1,057,000

 

IDT, interdivisional charges...........................         2,053,400

 

IDT, laboratory services...............................         4,238,900

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        18,590,100

 

ADJUSTED GROSS APPROPRIATION........................... $    339,325,000

 

   Federal revenues:

 

DHHS, federal..........................................             6,200

 

DHS, federal...........................................         3,609,300

 

DOC-NOAA, federal......................................         3,670,200

 

DOD, federal...........................................         1,202,600

 

DOI, federal...........................................           594,000

 

EPA, brownfield cleanup revolving loan fund............         1,000,000

 

EPA, multiple..........................................       121,725,100

 

Total federal revenues.................................       131,807,400

 

   Special revenue funds:

 

Private funds..........................................           455,100

 

Total private revenues.................................           455,100

 

Aboveground storage tank fees..........................           760,400

 

Air emissions fees.....................................        11,862,000

 

Aquifer protection revolving fund......................           400,000

 

Campground fund........................................           237,600

 

Clean Michigan initiative - administration.............           335,500

 

Clean Michigan initiative - clean water fund...........         3,372,000

 

Clean Michigan initiative - response activities........         5,663,200

 

Cleanup and redevelopment fund.........................        12,383,100

 


Community pollution prevention fund....................           250,000

 

Environmental pollution prevention fund................         2,033,000

 

Environmental protection fund..........................         3,907,100

 

Environmental response fund............................         6,299,700

 

Fees and collections...................................           552,500

 

Financial instruments..................................         5,000,000

 

Great Lakes protection fund............................         1,603,100

 

Groundwater discharge permit fees......................         1,658,900

 

Hazardous materials transportation permit fund.........           218,500

 

Infrastructure construction fund.......................           400,000

 

Laboratory data quality recognition fund...............            16,200

 

Land and water permit fees.............................         3,596,100

 

Landfill maintenance trust fund........................            55,900

 

Medical waste emergency response fund..................           240,300

 

Metallic mining surveillance fee revenue...............            93,500

 

Mineral well regulatory fee revenue....................           145,400

 

Nonferrous metallic mineral surveillance...............           218,600

 

NPDES fees.............................................         3,362,400

 

Oil and gas regulatory fund............................         7,829,100

 

Orphan well fund.......................................         2,051,900

 

Public swimming pool fund..............................           541,300

 

Public utility assessments.............................          786,100

 

Public water supply fees...............................         3,949,600

 

Publication revenue....................................           120,200

 

Refined petroleum fund.................................        30,684,500

 

Restricted funds.......................................        17,225,400

 

Retired engineers technical assistance fund............         1,474,300

 


Revitalization revolving loan fund.....................            84,300

 

Revolving loan revenue bonds...........................        11,400,000

 

Saginaw Bay and River restoration revenue..............           174,800

 

Sand extraction fee revenue............................           198,300

 

Scrap tire regulatory fund.............................         5,846,300

 

Septage waste contingency fund.........................            37,700

 

Septage waste program fund.............................           720,200

 

Settlement funds.......................................         1,843,100

 

Sewage sludge land application fee.....................           850,800

 

Small business pollution prevention revolving loan

 

   fund.................................................           107,700

 

Soil erosion and sedimentation control training fund...           114,700

 

Solid waste program fees...............................         4,493,500

 

Stormwater permit fees.................................         2,799,400

 

Strategic water quality initiatives fund...............        10,000,000

 

Underground storage tank fees..........................         3,125,500

 

Waste reduction fee revenue............................         4,479,600

 

Wastewater operator training fees......................           172,100

 

Water analysis fees....................................         3,317,600

 

Water pollution control revolving fund.................         3,066,400

 

Water quality protection fund..........................            25,000

 

Water use reporting fees...............................           245,700

 

Total other state restricted revenues..................       182,430,100

 

State general fund/general purpose..................... $      24,632,400

 

   Sec. 102. EXECUTIVE OPERATIONS AND DEPARTMENT SUPPORT

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 78.0

 


Unclassified salaries--6.0 FTE positions............... $        476,700

 

Administrative hearings................................           343,700

 

Automated data processing..............................         2,053,400

 

Central operations--62.0 FTE positions.................         5,745,700

 

Environmental support projects.........................         5,000,000

 

Executive direction--9.0 FTE positions.................         1,955,600

 

Human resource optimization user charges...............            77,400

 

Office of the Great Lakes--7.0 FTE positions...........         1,038,900

 

Building occupancy charges.............................         7,530,400

 

Rent - privately owned property........................         1,966,900

 

GROSS APPROPRIATION.................................... $     26,188,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, interdivisional charges...........................         2,053,400

 

IDT, laboratory services...............................           510,700

 

   Federal revenues:

 

DOC-NOAA, federal......................................            22,500

 

DOI, federal...........................................           160,300

 

EPA, multiple..........................................           322,000

 

   Special revenue funds:

 

Financial instruments..................................         5,000,000

 

Great Lakes protection fund............................           603,100

 

Restricted funds.......................................        12,371,900

 

Settlement funds.......................................           104,400

 

State general fund/general purpose..................... $      5,040,400

 

   Sec. 103. AIR QUALITY

 

   Full-time equated classified positions.......... 241.5

 


Air quality programs--241.5 FTE positions.............. $      24,024,100

 

GROSS APPROPRIATION.................................... $     24,024,100

 

    Appropriated from:

 

   Federal revenues:

 

DHS, federal...........................................         2,027,600

 

EPA, multiple..........................................         4,470,600

 

   Special revenue funds:

 

Air emissions fees.....................................        11,205,000

 

Environmental response fund............................           106,200

 

Fees and collections...................................           408,400

 

Oil and gas regulatory fund............................           107,500

 

Refined petroleum fund.................................         2,850,700

 

State general fund/general purpose..................... $      2,848,100

 

   Sec. 104. ENVIRONMENTAL SCIENCE AND SERVICES

 

   Full-time equated classified positions.......... 184.0

 

Program services and grant management--27.5 FTE

 

   positions............................................ $      3,761,300

 

Laboratory services--68.0 FTE positions................         6,822,900

 

Municipal assistance--35.5 FTE positions...............         5,180,100

 

Pollution prevention and technical assistance--53.0

 

   FTE positions........................................        4,918,400

 

Pollution prevention outreach..........................           300,000

 

Retired engineers technical assistance program.........         1,474,300

 

Revitalization revolving loan program..................         1,000,000

 

GROSS APPROPRIATION.................................... $     23,457,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 


IDT, laboratory services...............................         3,577,800

 

   Federal revenues:

 

DOC-NOAA, federal......................................           353,000

 

EPA, brownfield cleanup revolving loan fund............         1,000,000

 

EPA, multiple..........................................         3,432,400

 

   Special revenue funds:

 

Private funds..........................................           300,000

 

Air emissions fees.....................................           657,000

 

Environmental protection fund..........................            68,500

 

Environmental response fund............................           662,500

 

Laboratory data quality recognition fund...............            16,200

 

Public water supply fees...............................           252,100

 

Retired engineers technical assistance fund............         1,474,300

 

Revitalization revolving loan fund.....................            84,300

 

Settlement funds.......................................           234,400

 

Small business pollution prevention revolving loan

 

   fund.................................................           107,700

 

Stormwater permit fees.................................            95,500

 

Strategic water quality initiatives fund...............           400,000

 

Waste reduction fee revenue............................         4,405,000

 

Wastewater operator training fees......................           172,100

 

Water analysis fees....................................         3,317,600

 

Water pollution control revolving fund.................         2,398,300

 

State general fund/general purpose..................... $        448,300

 

   Sec. 105. OFFICE OF GEOLOGICAL SURVEY

 

   Full-time equated classified positions........... 68.0

 

Coal and sand dune management--3.0 FTE positions....... $        626,000

 


Metallic mine reclamation--1.0 FTE positions...........            93,500

 

Mineral wells management--3.0 FTE positions............           145,400

 

Nonferrous metallic mining--2.0 FTE positions..........           218,600

 

Orphan well--2.0 FTE positions.........................         2,051,900

 

Services to oil and gas--57.0 FTE positions............         7,478,300

 

GROSS APPROPRIATION.................................... $     10,613,700

 

    Appropriated from:

 

   Federal revenues:

 

DOI, federal...........................................           427,700

 

   Special revenue funds:

 

Metallic mining surveillance fee revenue...............            93,500

 

Mineral well regulatory fee revenue....................           145,400

 

Nonferrous metallic mineral surveillance...............           218,600

 

Oil and gas regulatory fund............................         7,358,100

 

Orphan well fund.......................................         2,051,900

 

Publication revenue....................................           120,200

 

Sand extraction fee revenue............................           198,300

 

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

 

   Sec. 106. LAND AND WATER MANAGEMENT

 

   Full-time equated classified positions.......... 129.0

 

Program direction--8.0 FTE positions................... $        788,700

 

Field permitting and project assistance--72.0 FTE

 

   positions............................................         6,627,300

 

Great Lakes shorelands--28.0 FTE positions.............         2,329,900

 

Water management--21.0 FTE positions...................         2,522,600

 

GROSS APPROPRIATION....................................        12,268,500

 

    Appropriated from:

 


   Interdepartmental grant revenues:

 

IDG, Michigan transportation fund......................         1,002,500

 

   Federal revenues:

 

DHS, federal...........................................           999,700

 

DOC-NOAA, federal......................................         1,508,800

 

EPA, multiple..........................................         1,047,400

 

   Special revenue funds:

 

Land and water permit fees.............................         2,996,900

 

State general fund/general purpose..................... $      4,713,200

 

   Sec. 107. REMEDIATION AND REDEVELOPMENT

 

   Full-time equated classified positions.......... 297.5

 

Contaminated site investigation, cleanup, and

 

   revitalization--230.5 FTE positions.................. $     21,924,100

 

Federal cleanup project management--67.0 FTE positions.         8,385,800

 

Emergency cleanup actions..............................         4,000,000

 

Refined petroleum product cleanup program..............        20,000,000

 

Environmental cleanup and redevelopment program........         5,663,200

 

Environmental cleanup support..........................         2,340,000

 

Superfund cleanup......................................         4,000,000

 

GROSS APPROPRIATION.................................... $     66,313,100

 

    Appropriated from:

 

   Federal revenues:

 

DHHS, federal..........................................             6,200

 

DOD, federal...........................................         1,174,500

 

EPA, multiple..........................................         8,403,500

 

   Special revenue funds:

 

Private funds..........................................           155,100

 


Clean Michigan initiative - response activities........         5,663,200

 

Cleanup and redevelopment fund.........................        12,383,100

 

Environmental protection fund..........................         3,838,600

 

Environmental response fund............................         5,231,400

 

Landfill maintenance trust fund........................            55,900

 

Refined petroleum fund.................................        26,790,900

 

Settlement funds.......................................         1,504,300

 

State general fund/general purpose..................... $      1,106,400

 

   Sec. 108. WASTE AND HAZARDOUS MATERIALS

 

   Full-time equated classified positions.......... 183.5

 

Aboveground storage tank program--8.0 FTE positions.... $        760,400

 

Hazardous waste management program--61.0 FTE positions.         6,313,200

 

Low-level radioactive waste authority--2.0 FTE

 

   positions............................................           786,100

 

Medical waste program--2.0 FTE positions...............           240,300

 

Radiological protection program--14.5 FTE positions....         1,338,800

 

Scrap tire regulatory program--11.0 FTE positions......         1,061,200

 

Solid waste management program--50.0 FTE positions.....         4,568,100

 

Underground storage tank program--35.0 FTE positions...         3,394,600

 

GROSS APPROPRIATION.................................... $     18,462,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDSP...............................................           740,400

 

   Federal revenues:

 

EPA, multiple..........................................         4,006,600

 

   Special revenue funds:

 

Aboveground storage tank fees..........................           760,400

 


Environmental pollution prevention fund................         2,033,000

 

Hazardous materials transportation permit fund.........           218,500

 

Medical waste emergency response fund..................           240,300

 

Public utility assessments.............................           786,100

 

Scrap tire regulatory fund.............................         1,061,200

 

Solid waste program fees...............................         4,493,500

 

Underground storage tank fees..........................         3,125,500

 

Waste reduction fee revenue............................            74,600

 

State general fund/general purpose..................... $        922,600

 

   Sec. 109. WATER

 

   Full-time equated classified positions.......... 358.2

 

Aquifer protection program............................. $        350,000

 

Aquifer protection and dispute resolution - IDG to

 

   Michigan department of agriculture...................            50,000

 

Drinking water and environmental health--114.2 FTE

 

   positions............................................        15,060,900

 

Expedited water/wastewater permits--3.0 FTE positions..           400,000

 

Fish contaminant monitoring............................           316,100

 

Groundwater discharge--22.0 FTE positions..............         1,680,100

 

NPDES nonstormwater program--118.4 FTE positions.......        10,575,900

 

Sewage sludge land application program--6.5 FTE

 

   positions............................................           850,800

 

Surface water--94.1 FTE positions......................        14,914,700

 

GROSS APPROPRIATION.................................... $     44,198,500

 

    Appropriated from:

 

   Federal revenues:

 

EPA, multiple..........................................        18,070,000

 


   Special revenue funds:

 

Aquifer protection revolving fund......................           400,000

 

Campground fund........................................           237,600

 

Clean Michigan initiative - administration.............           335,500

 

Clean Michigan initiative - clean water fund...........         3,372,000

 

Environmental response fund............................           167,100

 

Fees and collections...................................           144,100

 

Groundwater discharge permit fees......................         1,658,900

 

Infrastructure construction fund.......................           400,000

 

Land and water permit fees.............................           599,200

 

NPDES fees.............................................         3,362,400

 

Public swimming pool fund..............................           541,300

 

Public water supply fees...............................         2,297,500

 

Refined petroleum fund.................................           959,200

 

Saginaw Bay and River restoration revenue..............           174,800

 

Septage waste contingency fund.........................            37,700

 

Septage waste program fund.............................           320,200

 

Sewage sludge land application fee.....................           850,800

 

Soil erosion and sedimentation control training fund...           114,700

 

Stormwater permit fees.................................         2,703,900

 

Water pollution control revolving fund.................           668,100

 

Water use reporting fees...............................           245,700

 

State general fund/general purpose..................... $      6,537,800

 

   Sec. 110. CRIMINAL INVESTIGATIONS

 

   Full-time equated classified positions........... 22.0

 

Environmental investigations--22.0 FTE positions....... $       2,337,400

 

GROSS APPROPRIATION.................................... $      2,337,400

 


    Appropriated from:

 

   Federal revenues:

 

DHS, federal...........................................           557,600

 

EPA, multiple..........................................           154,100

 

   Special revenue funds:

 

Environmental response fund............................           132,500

 

Oil and gas regulatory fund............................           363,500

 

Scrap tire regulatory fund.............................           285,100

 

State general fund/general purpose..................... $        844,600

 

   Sec. 111. GRANTS

 

Coastal management grants.............................. $      2,000,000

 

Federal - Great Lakes remedial action plan grants......           700,000

 

Federal - nonpoint source water pollution grants.......         6,500,000

 

Grants to counties--air pollution......................            83,700

 

Radon grants...........................................            90,000

 

Water pollution control and drinking water revolving

 

   fund.................................................        84,731,500

 

Drinking water program grants..........................         1,330,000

 

Great Lakes research and protection grants.............         1,000,000

 

Local health department operations.....................        10,472,500

 

Noncommunity water grants..............................         1,400,000

 

Pollution prevention local grants......................           250,000

 

Septage waste compliance grants........................           400,000

 

Scrap tire grants......................................         4,500,000

 

Strategic water quality initiative loans...............         9,600,000

 

Volunteer river, stream, and creek cleanup.............            25,000

 

GROSS APPROPRIATION.................................... $    123,082,700

 


    Appropriated from:

 

   Interdepartmental grant revenues

 

IDG-MDCH, local public health operations...............        10,472,500

 

   Federal revenues:

 

DOC-NOAA, federal......................................         1,700,000

 

EPA, multiple..........................................        80,463,000

 

   Special revenue funds:

 

Community pollution prevention fund....................           250,000

 

Great Lakes protection fund............................         1,000,000

 

Public water supply fees...............................         1,400,000

 

Refined petroleum fund.................................            83,700

 

Revolving loan revenue bonds...........................        11,400,000

 

Scrap tire regulatory fund.............................         4,500,000

 

Septage waste program fund.............................           400,000

 

Strategic water quality initiatives fund...............         9,600,000

 

Water quality protection fund..........................            25,000

 

State general fund/general purpose..................... $      1,788,500

 

   Sec. 112. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $       6,968,700

 

GROSS APPROPRIATION.................................... $      6,968,700

 

    Appropriated from:

 

   Interdepartmental grant revenues

 

IDG-MDSP...............................................            27,900

 

IDG, Michigan transportation fund......................            54,500

 

IDT, laboratory services...............................           150,400

 

   Federal revenues:

 

DHS, federal...........................................            24,400

 


DOC-NOAA, federal......................................            85,900

 

DOD, federal...........................................            28,100

 

DOI, federal...........................................             6,000

 

EPA, multiple..........................................         1,355,500

 

   Special revenue funds:

 

Restricted funds.......................................         4,853,500

 

State general fund/general purpose ....................           382,500

 

 

 

 

 

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 $207,062,500.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $4,050,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 

GRANTS

 

Noncommunity water grants............................. $        1,400,000

 

Scrap tire grants......................................         2,250,000

 

Septage waste compliance program.......................           400,000

 

TOTAL................................................. $        4,050,000

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 


to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "Department" means the department of environmental

 

quality.

 

     (b) "DHHS" means the United States department of health and

 

human services.

 

     (c) "DHS" means the United States department of homeland

 

security.

 

     (d) "DOC" means the United States department of commerce.

 

     (e) "DOC-NOAA" means the DOC national oceanic and atmospheric

 

administration.

 

     (f) "DOD" means the United States department of defense.

 

     (g) "DOI" means the United States department of interior.

 

     (h) "EPA" means the United States environmental protection

 

agency.

 

     (i) "FTE" means full-time equated.

 

     (j) "IDG" means interdepartmental grant.

 

     (k) "IDT" means intradepartmental transfer.

 

     (l) "MDCH" means the Michigan department of community health.

 

     (m) "MDSP" means the Michigan department of state police.

 

     (n) "MI" means Michigan.

 

     (o) "NPDES" means national pollutant discharge elimination

 

system.

 

     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 shall grant exceptions to the

 

hiring freeze described in subsection (1) when the state budget

 

director believes that the hiring freeze will result in rendering a

 

state department or agency unable to deliver basic services, cause

 

a loss of revenue to the state, result in the inability of the

 

state to receive federal funds, or would necessitate additional

 

expenditures that exceed any savings from maintaining a vacancy.

 

The state budget director shall report quarterly to the

 

chairpersons of the senate and house of representatives standing

 

committees on appropriations the number of exceptions to the hiring

 

freeze approved during the previous quarter and the reasons to

 

justify the exception.

 

     Sec. 206. The department shall use the Internet to fulfill the

 

reporting requirements of this article. This requirement may

 

include transmission of reports via electronic mail to the

 

recipients identified for each reporting requirement or it may

 

include placement of reports on an Internet or Intranet site.

 

     Sec. 207. The departments and state agencies receiving

 

appropriations under this article shall receive and retain copies

 


of all reports funded from appropriations in part 1. These

 

departments and state agencies shall follow federal and state

 

guidelines for short-term and long-term retention of these reports.

 

To the extent consistent with federal and state guidelines, the

 

requirements of this section are satisfied if the reports funded

 

from appropriations in part 1 are retained in electronic format.

 

     Sec. 208. By February 15, 2008, the department shall provide

 

the state budget director, the subcommittees on environmental

 

quality of the senate and house appropriations committees, and the

 

senate and house fiscal agencies with an annual report on

 

restricted fund balances, projected revenues, and expenditures for

 

the fiscal years ending September 30, 2007 and September 30, 2008.

 

     Sec. 209. (1) From funds appropriated under part 1, the

 

department shall prepare a report that lists all of the following

 

regarding grant or loan or grant and loan programs administered by

 

the department for the fiscal year ending September 30, 2008:

 

     (a) The name of each program.

 

     (b) The goals of the program, the criteria, eligibility,

 

process, filing fees, nominating procedures, and deadlines for each

 

program.

 

     (c) The maximum and minimum grant and loan available and

 

whether there is a match requirement for each program.

 

     (d) The amount of any required match, and whether in-kind

 

contributions may be used as part or all of a required match.

 

     (e) Information pertaining to the application process,

 

timeline for each program, and the contact people within the

 

department.

 


     (f) The source of funds for each program, including the

 

citation of pertinent authorizing acts.

 

     (g) Information regarding plans for the next fiscal year for

 

the phaseout, expansion, or changes for each program.

 

     (h) A listing of all recipients of grants or loans awarded by

 

the department by type and amount of grant or loan.

 

     (2) The reports required under this section shall be submitted

 

to the state budget office, the senate and house appropriations

 

committees, and the senate and house fiscal agencies by January 1,

 

2007.

 

     Sec. 210. The department shall notify the legislature and

 

shall provide a public meeting and public comment opportunity with

 

respect to any request received by the state of Michigan to divert

 

water from the Great Lakes pursuant to the water resources

 

development act of 1986, Public Law 99-662, 100 Stat. 4082.

 

     Sec. 211. (1) The department shall report all of the following

 

information relative to allocations made from appropriations for

 

the environmental cleanup and redevelopment program, state cleanup,

 

emergency actions, superfund cleanup, the revitalization revolving

 

loan program, the brownfield grants and loans program, the leaking

 

underground storage tank cleanup program, the contaminated lake and

 

river sediments cleanup program, the refined petroleum product

 

cleanup program, and the environmental protection bond projects

 

under section 19508(7) of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.19508, to the state budget

 

director, the senate and house appropriations subcommittees on

 

environmental quality, and the senate and house fiscal agencies:

 


     (a) The name and location of the site for which an allocation

 

is made.

 

     (b) The nature of the problem encountered at the site.

 

     (c) A brief description of how the problem will be resolved if

 

the allocation is made for a response activity.

 

     (d) The estimated date that site closure activities will be

 

completed.

 

     (e) The amount of the allocation, or the anticipated financing

 

for the site.

 

     (f) A summary of the sites and the total amount of funds

 

expended at the sites at the conclusion of the fiscal year.

 

     (g) The number of sites that would qualify as brownfields that

 

were redeveloped.

 

     (2) The report prepared under subsection (1) shall also

 

include all of the following:

 

     (a) The status of all state-owned facilities that are on the

 

list compiled under part 201 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.20101 to

 

324.20142.

 

     (b) The report shall include the total amount of funds

 

expended during the fiscal year and the total amount of funds

 

awaiting expenditure.

 

     (c) The total amount of bonds issued for the environmental

 

protection bond program pursuant to part 193 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.19301 to 324.19306, and bonds issued pursuant to the clean

 

Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.

 


     (3) The report shall be made available by March 31 of each

 

year.

 

     Sec. 212. (1) The department of environmental quality is

 

authorized to expend amounts remaining from the current and prior

 

fiscal year appropriations to meet funding needs of legislatively

 

approved sites for the environmental cleanup and redevelopment

 

program, the leaking underground storage tank cleanup program, and

 

the refined petroleum product cleanup program.

 

     (2) Unexpended and unencumbered amounts remaining from

 

appropriations from the environmental protection bond fund

 

contained in 2003 PA 173 and 2006 PA 343 are appropriated for

 

expenditure for any site listed in this article and any site listed

 

in the public acts referenced in this section.

 

     (3) Unexpended and unencumbered amounts remaining from

 

appropriations from the cleanup and redevelopment fund and

 

unclaimed bottle deposits fund contained in 2003 PA 171, 2003 PA

 

173, 2003 PA 237, and 2004 PA 350 are appropriated for expenditure

 

for any site listed in this article and any site listed in the

 

public acts referenced in this section.

 

     (4) Unexpended and unencumbered amounts remaining from

 

appropriations from the clean Michigan initiative fund - response

 

activities contained in 2000 PA 506, 2001 PA 120, 2003 PA 173, 2003

 

PA 237, 2004 PA 309, 2004 PA 350, 2005 PA 11, and 2006 PA 343 are

 

appropriated for expenditure for any site listed in this article

 

and any site listed in the public acts referenced in this section.

 

     (5) Unexpended and unencumbered amounts remaining from

 

appropriations from the environmental protection fund contained in

 


2001 PA 43, 2002 PA 520, 2003 PA 171, and 2004 PA 350 are

 

appropriated for expenditure for any site listed in this article

 

and any site listed in the public acts referenced in this section.

 

     (6) Unexpended and unencumbered amounts remaining from

 

appropriations from the refined petroleum fund activities contained

 

in 2005 PA 154 and 2006 PA 343 are appropriated for expenditure for

 

any site listed in this article and any site listed in the public

 

acts referenced in this section.

 

     Sec. 213. Of the money appropriated from the environmental

 

education fund in part 1, $5,000.00 shall be allocated to Michigan

 

State University Extension Service - 4-H Youth Programs to fund the

 

Michigan Youth Conservation Council.

 

     Sec. 214. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. These user fees shall be subject to

 

provisions of an interagency agreement between the department and

 

the department of information technology.

 

     Sec. 215. Amounts appropriated in part 1 for information

 

technology may be designated as work projects and carried forward

 

to support technology projects under the direction of the

 

department of information technology. Funds designated in this

 

manner are not available for expenditure until approved as work

 

projects under section 451a of the management and budget act, 1984

 

PA 431, MCL 18.1451a.

 

     Sec. 216. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 


2008 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 house and senate fiscal agencies,

 

and the state budget director. The report shall include the

 

following information:

 

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

 

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

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

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

 

occurrence.

 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state-

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

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

 

immediately preceding fiscal year.

 

     Sec. 217. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and 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. 218. Unexpended settlement revenues at the end of the

 

fiscal year may be carried forward into the settlement fund in the

 

succeeding fiscal year up to a maximum carryforward of

 

$2,500,000.00.

 


     Sec. 219. 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. 220. (1) The appropriation in section 102 includes

 

$11,165,800.00 from restricted funds. This funding source shall

 

support the restricted fund requirements, pursuant to subsection

 

(3), for selected line items in the executive operations and

 

administrative support appropriation unit.

 

     (2) The appropriation in section 112 includes $4,214,000.00

 

from restricted funds. This funding source shall support the

 

restricted fund requirements, pursuant to subsection (3), for the

 

information technology appropriation.

 

     (3) The department shall adopt a cost allocation plan for

 

revenue sources supporting line items listed in sections 102 and

 

112. This cost allocation plan may be phased in over 2 fiscal

 

years, beginning with the fiscal year ending September 30, 2008.

 

     (4) The department shall provide a report on or before October

 

31, 2007 to the house and senate appropriations subcommittees on

 

environmental quality and the house and senate fiscal agencies of

 

the line item amounts and detailed revenue sources which support

 

the restricted fund appropriations in sections 102 and 112.

 

     Sec. 221. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 


     Sec. 222. The department shall annually report by December 31

 

to the state budget director, the senate and house appropriations

 

committees, and the senate and house fiscal agencies an accounting

 

of all civil and criminal fine revenue collected during the

 

previous fiscal year.

 

     Sec. 223. It is the intent of the legislature that, on or

 

before January 1, 2008, the department renew the joint agreement,

 

which was initially signed in January 2002, of the United States

 

environmental protection agency and the state to pursue regulatory

 

innovation. It is the intent that the agreement be renewed in a

 

substantially similar form to uphold the principal tenets of the

 

agreement, including, but not limited to, helping farms and farm

 

operations voluntarily prevent or minimize agricultural pollution

 

risks.

 

     Sec. 224. From the funds appropriated in part 1, the

 

department shall implement continuous improvement efficiency

 

mechanisms in the air quality renewable operating permit program,

 

the groundwater discharge program, land and water management

 

programs, and the hazardous waste management program. On March 31,

 

2008 and September 30, 2008, the department shall report to the

 

state budget director, the senate and house appropriations

 

subcommittees on environmental quality, the senate and house

 

standing committees on issues primarily related to environmental

 

quality, and the senate and house fiscal agencies on the progress

 

made toward efficiencies in these programs. Individual reports

 

shall be submitted for each of the 4 identified programs. At a

 

minimum, each report shall include information on the program

 


review process, the type of improvement mechanisms applied, the

 

amount of actual and potential budget savings resulting from

 

efficiencies, and a plan for continued increased program

 

efficiency.

 

     Sec. 225. From the funds appropriated in part 1, the

 

department shall collaborate with the legislative service bureau to

 

complete a benchmarking study on the air quality renewable

 

operating permit program, the groundwater discharge program, land

 

and water management programs, and the hazardous waste management

 

program. The study shall include a calculation of the department's

 

per-permit cost to process the permits, a listing of the timeliness

 

of the process from receipt of permit application to award or

 

denial of permit, the cost of administering permits including

 

compliance reviews, and a comparison of Michigan's performance and

 

practices to those of our competitor states, including, but not

 

limited to, Alabama, South Carolina, North Carolina, Kentucky,

 

Tennessee, Georgia, and the other Great Lakes states. The study

 

shall be submitted to the state budget director, the senate and

 

house appropriations subcommittees on environmental quality, the

 

senate and house standing committees on issues primarily related to

 

environmental quality, and the senate and house fiscal agencies by

 

September 30, 2008.

 

     Sec. 226. (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. 227. 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.

 

 

 

AIR QUALITY

 

     Sec. 301. The department shall report quarterly, via the

 

department's Internet website, on air quality program expenditures

 

and revenues. The report shall include expenditures and revenues by

 

fund source and by program function.

 

 

 

ENVIRONMENTAL SCIENCE AND SERVICES

 

     Sec. 401. Revenues remaining in the interdepartmental

 

transfers, laboratory services at the end of the fiscal year shall

 

carry forward into the succeeding fiscal year.

 

     Sec. 402. By July 1, 2008, the department shall prepare and

 

submit a report to the state budget director, the legislature, the

 

chairs of the standing committees of the senate and house of

 

representatives with primary responsibility for issues related to

 

natural resources and the environment, and the chairs of the

 


subcommittees of the senate and house appropriations committees

 

with primary responsibility for appropriations for the department

 

of environmental quality, outlining the implementation of the Great

 

Lakes water quality bond provided for in part 197 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.19701 to 324.19708, including, but not limited to, the amount

 

of bonds issued and the date they were issued, the number of

 

applications received for loans from the state water pollution

 

control revolving fund created in section 16a of the shared credit

 

rating act, 1985 PA 227, MCL 141.1066a, the total amount of loans

 

requested, a listing of the applicants receiving loans and the

 

total amount of loans provided to those applicants, a listing of

 

applicants whose loan applications were not approved and the

 

reasons why those applications were not approved, the amount of the

 

loans granted that were leveraged from bond proceeds, and the

 

remaining bond proceeds and bond authorization.

 

     Sec. 403. From the funds appropriated in part 1, the

 

department, in cooperation with associations of small business,

 

shall publish at least 2 compliance guides annually to assist small

 

businesses in complying with environmental requirements. Each guide

 

shall cover a group or class of similarly affected small

 

businesses, explain the actions a small business in that group or

 

class is required to take to comply with environmental

 

requirements, and use plain language likely to be understood by

 

affected small businesses. It is the intent of the legislature that

 

each compliance guide be reevaluated and revised every 5 years.

 

 

 


OFFICE OF GEOLOGICAL SURVEY

 

     Sec. 501. From the funds appropriated in part 1, the office of

 

geological survey is encouraged to continue its work with Western

 

Michigan University’s department of geosciences to maintain core

 

samples at the Michigan basin core research laboratory as part of

 

the Michigan geological repository for research and education at

 

Western Michigan University and it is encouraged to explore new

 

opportunities for mutually beneficial research and collaboration

 

between the department and the university.

 

 

 

LAND AND WATER MANAGEMENT

 

     Sec. 601. The department may waive permit fees for nonprofit

 

organizations conducting approved stream habitat improvement

 

projects.

 

     Sec. 602. (1) The department shall not spend funds provided in

 

part 1 on the implementation of part 303 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.30301 to

 

324.30323, as it relates to wetlands described in section

 

30301(d)(ii) of the natural resources and environmental protection

 

act, 1994 PA 451, MCL 324.30301, in a county with a population of

 

less than 100,000 until the department has developed and

 

implemented a wetland inventory map for that county to a level of

 

detail such that a person can determine from the map with a

 

reasonable amount of certainty whether or not a parcel or

 

substantial portion of a parcel in question is in fact a wetland

 

subject to regulation by the department.

 

     (2) Before commencing wetlands protection in counties with

 


populations of less than 100,000, the department shall notify in

 

writing the senate and house appropriations subcommittees on

 

environmental quality, the senate and house fiscal agencies, and

 

the state budget director that the wetland inventory maps meet the

 

criteria of subsection (1) and the date the program will begin.

 

 

 

REMEDIATION AND REDEVELOPMENT

 

     Sec. 701. The unexpended funds appropriated in part 1 for

 

emergency cleanup actions, the refined petroleum product cleanup

 

program, and the environmental cleanup and redevelopment program

 

are considered work project appropriations and any unencumbered or

 

unallotted funds are carried forward into the succeeding fiscal

 

year. The following is in compliance with section 451a(1) of the

 

management and budget act, 1984 PA 431, MCL 18.1451a:

 

     (a) The purpose of the projects to be carried forward is to

 

provide contaminated site cleanup.

 

     (b) The projects will be accomplished by contract.

 

     (c) The total estimated cost of all projects is identified in

 

each line-item appropriation.

 

     (d) The tentative completion date is September 30, 2012.

 

     Sec. 702. From funds appropriated in part 1 for activities

 

related to cleanup sites under part 201 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.20101 to

 

324.20142, the department shall incorporate into remedial action

 

plans area-wide or site-specific cleanup criteria derived from

 

peer-reviewed risk assessment based on bioavailability studies,

 

site-specific human exposure data, and any other scientifically

 


based risk assessment studies that are available and relevant. The

 

department shall submit a report listing efforts made by the

 

department to comply with this section. This report shall be

 

provided to the house and senate appropriations subcommittees on

 

environmental quality on or before January 1, 2008.

 

     Sec. 703. The funds appropriated in part 1 for the refined

 

petroleum product cleanup program shall be used to fund cleanup

 

activities on the following sites:

 

     Site Name                                       County

 

     Alcona Oil Co, Inc.                             Alcona

 

     Somers Service Inc.                             Alcona

 

     State Park Grocery                              Alcona

 

     Laughing Whitefish Trading Post                 Alger

 

     Midway Resort Inc.                              Alger

 

     Fennville Feed Supply                      Allegan

 

     Butch's Tackle & Marine                         Antrim

 

     Pickup Capital of the North (former)            Antrim

 

     L'Anse Marathon                                 Baraga

 

     Res Wells Woodland                              Barry

 

     Pfanne's Grocery                                Bay

 

     B & M Party Store                               Benzie

 

     Village of Honor Res. Wells                     Benzie

 

     Frank's Pro Station                             Berrien

 

     Dave's Repair                                   Cass

 

     Indian Lake Mini Super                          Cass

 

     Rigg's Corner Store                             Cass

 

     Mr. Mug's Donut Shop                            Chippewa

 


     Park Shell Service                              Chippewa

 

     Ackels Car Care                                 Clinton

 

     Bob's Marathon                                  Eaton

 

     Central Distributing                            Genesee

 

     Ackett's Country Corners                        Gladwin

 

     Gazey & Aleck Station                      Gladwin

 

     Evans Wallpaper & Paint                         Grand Traverse

 

     Hoefflin's Service                              Grand Traverse

 

     Universal Car Wash                              Grand Traverse

 

     Venture Investments                             Grand Traverse

 

     Former Union 76                                 Hillsdale

 

     Dunk's Garage                                   Huron

 

     Port Austin Shell                               Huron

 

     Action Auto #23                                 Ingham

 

     Former Clark #531                               Ingham

 

     DNR - RED - Whittemore (Tax Reverted)      Iosco

 

     Firstbank-Winn Branch                      Isabella

 

     Former Gulf (Napolean)                          Jackson

 

     Alamo General Store                             Kalamazoo

 

     Liberty Gas                                     Kalamazoo

 

     McDonald's Crosstown Service                    Kalamazoo

 

     Moore's Milwood Service                         Kalamazoo

 

     Davis Country Corners                      Kalkaska

 

     Taffletown Tavern                               Kalkaska

 

     Kountry Korners                                 Kent

 

     Rockford Market                                 Kent

 

     Uncle Lee's Trading Post                        Kent

 


     B & T Properties                                Lapeer

 

     Lakeland Montessori School                      Livingston

 

     Millie's Market                                 Livingston

 

     Bob's Standard Service                          Luce

 

     C & V Grocery                                   Luce

 

     D&D Jefferson Inc                               Macomb

 

     Montgomery Ward                                 Macomb

 

     Red Barn Market                                 Manistee

 

     Greenwood Self Serve                            Marquette

 

     Harvey Oil Co.                                  Marquette

 

     Joe & Son's Service                             Marquette

 

     Paton's Country Store                      Marquette

 

     Custer Abandoned Station                        Mason

 

     Altona General Store                            Mecosta

 

     Joe's Tire/Ridderman Oil                        Mecosta

 

     RLJ Realty                                      Midland

 

     Kreagers                                        Missaukee

 

     The Landing                                     Missaukee

 

     Luna Pier Fuel Stop                             Monroe

 

     Amble Oil Co.                                   Montcalm

 

     Coral General Store                             Montcalm

 

     Edmore Mobil                                    Montcalm

 

     Marvin Jensen                                   Montcalm

 

     Joey's Service                                  Montmorency

 

     Wyson's General Store                      Montmorency

 

     James J. Caradine                               Muskegon

 

     415 E. Hudson                                   Oakland

 


     Don & Stan's/Joe's Towing                       Oakland

 

     Emma Milner Property                            Oakland

 

     Farmer's Petroleum Cooperation                  Oakland

 

     Little Caesar's                                 Oakland

 

     Franklin Forge                                  Ogemaw

 

     Rose City Feed & Tack                      Ogemaw

 

     Ontonagon Mobil Mart                            Ontonagon

 

     Andy's Standard Service                         Osceola

 

     Pete's Place                                    Osceola

 

     Family Book Shelve                              Oscoda

 

     Big Mac's Market                                Roscommon

 

     Charlie's Place                                 Roscommon

 

     Chapin General Store                            Saginaw

 

     Former Gas Station-104 W. Grand River      Shiawassee

 

     Save-U Station (former)                         Shiawassee

 

     Payless SuperAmerica                            St Joseph

 

     Salmo Property                                  Tuscola

 

     Evellyn Gibbons                                 Washtenaw

 

     Fred's Country Sunoco                      Washtenaw

 

     Lloyd Cochran                                   Washtenaw

 

     S & S Auto                                      Washtenaw

 

     Sunshine Oil                                    Washtenaw

 

     Cal's Car Care, Inc.                            Wayne

 

     Mercury Manufacturing                      Wayne

 

     Reclamation Co.                                 Wayne

 

     Auto Parts Center                               Wexford

 

     Mar-Lyn's Lakeside Resort                       Wexford

 


     Village of Harrietta                            Wexford

 

     Sec. 704. The funds appropriated in part 1 for the

 

environmental cleanup and redevelopment program shall be used to

 

fund cleanup activities on the following sites:

 

     Site Name                                       County

 

     Osceola Refinery (former)                       Osceola

 

     Former Petoskey Petrolane                       Emmet

 

     Bay Harbor                                      Emmet

 

     Former Autostyle Plastics, Inc                  Kent

 

     Harbor Plating                                  Berrien

 

     Americhem Corporation                      Ingham

 

     House of Imports                                Oakland

 

     Packaging Corp of America                       Manistee

 

     Manistique Industrial Park                      Schoolcraft

 

     Sec. 705. It is the intent of the legislature to repay the

 

refined petroleum fund for the $70,000,000.00 that was transferred

 

to the environmental protection fund as part of the resolution for

 

the fiscal year 2006-2007 budget.

 

     Sec. 706. It is the intent of the legislature that the office

 

of the auditor general conduct a performance audit of the leaking

 

underground storage tank program. The performance audit shall

 

include an investigation of the use of operational memoranda, draft

 

memoranda, and selective enforcement of regulations. The department

 

shall fully cooperate with the auditor general during the

 

performance audit.

 

     Sec. 707. The department shall not expend funds appropriated

 

in part 1 if using operational memoranda or other similar documents

 


that are in draft form to impose regulations on individuals or

 

businesses conducting environmental cleanup projects. Upon request,

 

the department shall provide written proof that a regulation being

 

applied or enforced with respect to an environmental cleanup

 

project is established in statute or administrative rule.

 

     Sec. 708. From the funds appropriated in part 1, the

 

department shall not expend any funds for the promulgation of

 

proposed rule 336.1640.

 

 

 

WASTE AND HAZARDOUS MATERIALS

 

     Sec. 801. It is the intent of the legislature that the

 

recommendations of the site review board, as established in section

 

11117 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.11117, are the final approval for each site

 

construction permit application that is referred to the board by

 

the department.

 

     Sec. 802. As defined in part 625 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.62501 to

 

324.62518, the department shall annually provide a report to the

 

city of Romulus, city of Taylor, and Wayne County with respect to

 

multisource commercial hazardous waste disposal well activities in

 

Wayne County containing all of the following:

 

     (a) Information concerning the release or discharge of any

 

hazardous waste or hazardous waste constituent that may endanger

 

public drinking water supplies or the environment.

 

     (b) Information concerning the fire, explosion, or other

 

release or discharge of any hazardous waste or hazardous waste

 


constituent that could threaten human health or the environment or

 

a spill that has reached surface water or groundwater.

 

     (c) A summary of groundwater quality data, data graphs, data

 

tables, statistical analyses to date, and identification of any

 

statistically significant increases.

 

     (d) With respect to the information described in subdivisions

 

(a) to (c), a description of any noncompliance and its cause; the

 

periods of noncompliance, including exact dates and times; whether

 

the noncompliance has been corrected and, if not, the anticipated

 

time it is expected to continue; and steps taken or planned to

 

reduce, eliminate, and prevent recurrence of the noncompliance and

 

when those activities occurred or will occur.

 

 

 

WATER

 

     Sec. 901. By February 1, 2008, the department shall submit a

 

report on the department's use of the national pollutant discharge

 

elimination system fund created in MCL 324.3121 for the previous

 

fiscal year, to the senate and house appropriations subcommittees

 

on environmental quality, the standing committees of the

 

legislature with jurisdiction over issues primarily related to

 

natural resources and the environment, and the senate and house

 

fiscal agencies. The report shall include a summary of how the

 

appropriations in part 1 for NPDES nonstormwater program were used

 

for the various permissible uses of the fund and shall include

 

specific information on all of the following:

 

     (a) The number of compliance and complaint inspections

 

completed, by category, the number of on-site compliance

 


inspections conducted, and the number of compliance inspections

 

that were not announced in advance to the permittee or licensee.

 

     (b) The number and percent of permit and license inspections

 

that were found to be in significant noncompliance, by category.

 

     (c) The number of administrative enforcement actions taken for

 

permit or license violations and the results of the enforcement

 

actions, including the amount of fines and penalties collected.

 

     (d) The number of judicial enforcement actions taken for

 

permit or license violations and the results of the enforcement

 

actions, including the amount of fines and penalties collected.

 

     (e) A listing of the supplemental environmental projects

 

agreed to as a result of a consent agreement including all of the

 

following: the case name, the monetary value of the supplemental

 

environmental project, and a description of the project.

 

     Sec. 902. Of the funds appropriated in part 1 for safe

 

drinking water assistance activities under part 54 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.5401 to 324.5418, the department shall allocate the full 2%

 

available for technical assistance under 42 USC 300j-12.

 

     Sec. 903. From the funds appropriated in part 1, the

 

department shall conduct a comparative analysis of the NPDES permit

 

program for large confined animal feeding operations with the

 

Michigan agriculture environmental assurance program (MAEAP). The

 

analysis shall include a comparison of standards in effect at the

 

time of MAEAP verification of a farm. The collection of data,

 

evaluation, and final report shall be conducted in collaboration

 

with the department of agriculture. The analysis shall be submitted

 


to the state budget director, the senate and house appropriations

 

subcommittees on environmental quality and agriculture, the senate

 

and house standing committees on issues primarily related to

 

environmental quality and agriculture, and the senate and house

 

fiscal agencies by February 1, 2008.

 

     Sec. 904. The department shall not expend funds appropriated

 

in part 1 to enforce administrative rules, policies, guidelines, or

 

procedures that are more stringent than 40 CFR part 9, 122, 123, or

 

412, as finally promulgated. The department shall not expend funds

 

appropriated in part 1 to implement or enforce administrative

 

rules, policies, guidelines, or procedures that do 1 or more of the

 

following:

 

     (a) Require a farm to obtain a national pollution discharge

 

elimination system permit under part 31 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.3101 to

 

324.3133, if the farm has not been found by the department to have

 

a regulated discharge of pollutants into waters of this state.

 

     (b) Require submission of field specific information beyond

 

providing on-site access to the department.

 

     (c) Exceed the agricultural stormwater exemption as defined in

 

the clean water act, 33 USC 1251 to 1387.

 

     Sec. 905. From the funds appropriated in part 1, the

 

department shall assess storm water permit fees only on the owners

 

or operators of municipal storm sewer systems.

 

 

 

GRANTS

 

     Sec. 1101. If a certified health department does not exist in

 


a city, county, or district or does not fulfill its

 

responsibilities under part 117 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.11701 to

 

324.11720, then the department may spend funds appropriated in part

 

1 under the septage waste compliance program in accordance with

 

section 11716 of the natural resources and environmental protection

 

act, 1994 PA 451, MCL 324.11716.

 

     Sec. 1102. Of the funds appropriated in part 1 for scrap tire

 

grants, $100,000.00 shall be available for grants to communities to

 

cover scrap tire fire suppression costs, provided owner liability

 

bonds and other available funding sources have been exhausted.

 

 

 

 

 

ARTICLE 7

 

GENERAL GOVERNMENT

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the

 

departments of attorney general, civil rights, civil service,

 

information technology, management and budget, state, and treasury,

 

the executive office, the legislative branch, and certain other

 

state purposes, for the fiscal year ending September 30, 2008, from

 

the funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

TOTAL GENERAL GOVERNMENT

 

APPROPRIATION SUMMARY:

 


GROSS APPROPRIATION....................................   $ 2,843,659,300

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

transfers..............................................       616,596,900

 

ADJUSTED GROSS APPROPRIATION........................... $  2,227,062,400

 

   Federal revenues:

 

Total federal revenues.................................        54,979,400

 

   Special revenue funds:

 

Total local revenues...................................         2,800,700

 

Total private revenues.................................           550,100

 

Total other state restricted revenues..................     1,585,182,000

 

State general fund/general purpose..................... $    583,550,200

 

   Sec. 102. DEPARTMENT OF ATTORNEY GENERAL

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 556.0

 

GROSS APPROPRIATION.................................... $     62,079,400

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        14,364,500

 

ADJUSTED GROSS APPROPRIATION........................... $     47,714,900

 

   Federal revenues:

 

Total federal revenues.................................        10,179,300

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................        12,173,500

 


State general fund/general purpose..................... $     25,362,100

 

   (2) ATTORNEY GENERAL OPERATIONS

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 556.0

 

Attorney general....................................... $        124,900

 

Unclassified positions--5.0 FTE positions..............           476,300

 

Attorney general operations--519.0 FTE positions.......        63,226,500

 

Child support enforcement--25.0 FTE positions..........         2,967,900

 

Prosecuting attorneys coordinating council--12.0 FTE

 

   positions............................................         2,019,300

 

GROSS APPROPRIATION.................................... $     68,814,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDCH, health services.........................         1,840,200

 

IDG from MDHS..........................................         3,329,300

 

IDG from MDLEG, financial and insurance services.......         1,102,100

 

IDG from MDLEG, public utility assessments.............         2,021,300

 

IDG from MDMB, risk management revolving fund..........         1,356,400

 

IDG from MDOT, comprehensive transportation fund.......           159,000

 

IDG from MDOT, state aeronautics fund..................           156,900

 

IDG from MDOT, state trunkline fund....................         2,807,200

 

IDG from MDSP, Michigan justice training fund..........           325,000

 

IDG from Michigan gaming control board.................         1,014,800

 

IDG from Treasury, land reutilization fund.............           252,300

 

   Federal revenues:

 

DAG, state administrative match grant/food stamps......           387,700

 

DED-OPSE, student loan, federal lender allowance.......           166,300

 


DOL-ETA, unemployment insurance........................         1,627,100

 

DOL-OSHA, occupational safety and health...............           277,900

 

EPA, multiple grants...................................           292,000

 

Federal funds..........................................         2,485,800

 

HHS, medical assistance, medigrant.....................           649,200

 

HHS-OS, state Medicaid fraud control units.............         4,293,300

 

   Special revenue funds:

 

Antitrust enforcement collections......................           650,000

 

Attorney general's operations fund.....................           873,400

 

Auto repair facilities fees............................           233,600

 

Collections revenue....................................           710,500

 

Environmental response fund............................           790,800

 

Franchise fees.........................................           299,200

 

Game and fish protection fund..........................           767,800

 

Liquor purchase revolving fund.........................         1,059,600

 

Manufactured housing fees..............................           226,300

 

Merit award trust fund.................................           423,000

 

Michigan state housing development authority fees......           569,100

 

Oil and gas privilege fee revenue......................           198,600

 

Prisoner reimbursement.................................           460,800

 

Prosecuting attorneys training fees....................           375,000

 

Real estate enforcement fund...........................           550,000

 

Retirement funds.......................................           754,600

 

Second injury fund.....................................           999,800

 

Self-insurers security fund............................           174,400

 

Silicosis and dust disease fund........................           533,700

 

State building authority revenue.......................            98,200

 


State hospital authority...............................           357,500

 

State lottery fund.....................................           248,700

 

Utility consumers fund.................................           559,700

 

Waterways fund.........................................           100,200

 

Worker's compensation administrative revolving fund....           159,000

 

State general fund/general purpose..................... $     32,097,600

 

   (3) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $         767,900

 

GROSS APPROPRIATION.................................... $        767,900

 

    Appropriated from:

 

State general fund/general purpose..................... $        767,900

 

   (4) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $      (7,503,400)

 

GROSS APPROPRIATION.................................... $     (7,503,400)

 

    Appropriated from:

 

State general fund/general purpose..................... $     (7,503,400)

 

   Sec. 103. DEPARTMENT OF CIVIL RIGHTS

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 5.0

 

   Full-time equated classified positions.......... 136.0

 

GROSS APPROPRIATION.................................... $     13,106,400

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $     13,106,400

 

   Federal revenues:

 

Total federal revenues.................................         2,054,100

 


   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................                 0

 

State general fund/general purpose..................... $     11,052,300

 

   (2) CIVIL RIGHTS OPERATIONS

 

   Full-time equated unclassified positions.......... 5.0

 

   Full-time equated classified positions.......... 136.0

 

   Unclassified positions--5.0 FTE positions............           264,100

 

Civil rights operations--136.0 FTE positions...........        12,991,100

 

Human resources optimization user charges..............             8,700

 

GROSS APPROPRIATION.................................... $     13,263,900

 

    Appropriated from:

 

   Federal revenues:

 

EEOC, state and local antidiscrimination agency

 

   contracts............................................         1,283,500

 

HUD, grant.............................................           770,600

 

State general fund/general purpose..................... $     11,209,800

 

   (3) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $         754,300

 

GROSS APPROPRIATION.................................... $        754,300

 

    Appropriated from:

 

State general fund/general purpose..................... $        754,300

 

   (4) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $        (911,800)

 

GROSS APPROPRIATION.................................... $       (911,800)

 

    Appropriated from:

 


State general fund/general purpose..................... $       (911,800)

 

   Sec. 104. DEPARTMENT OF CIVIL SERVICE

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated classified positions.......... 240.5

 

GROSS APPROPRIATION.................................... $      34,338,100

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         5,875,900

 

ADJUSTED GROSS APPROPRIATION........................... $     28,462,200

 

   Federal revenues:

 

Total federal revenues.................................         4,779,100

 

   Special revenue funds:

 

Total local revenues...................................         1,700,000

 

Total private revenues.................................           150,000

 

Total other state restricted revenues..................        17,671,800

 

State general fund/general purpose..................... $      4,161,300

 

   (2) CIVIL SERVICE OPERATIONS

 

   Full-time equated classified positions.......... 240.5

 

Agency services--118.5 FTE positions................... $     13,234,500

 

Executive direction--45.0 FTE positions................         8,262,000

 

Employee benefits--31.0 FTE positions..................         5,873,200

 

Audit and compliance--16.0 FTE positions...............         2,163,700

 

Training...............................................         1,300,000

 

Human resources optimization--30.0 FTE positions.......         2,205,000

 

GROSS APPROPRIATION.................................... $     33,038,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 


IDG, training charges..................................         1,300,000

 

IDG, 1% special funds..................................         1,300,000

 

IDG, human resources optimization user charges.........         2,205,000

 

   Federal revenues:

 

Federal funds 1%.......................................         3,637,100

 

   Special revenue funds:

 

Local funds 1%.........................................         1,700,000

 

Private funds 1%.......................................           150,000

 

Freedom of information fees............................             1,100

 

State restricted funds 1%..............................         8,134,900

 

State sponsored group insurance........................         2,650,000

 

State sponsored group insurance, flexible spending

 

   accounts and COBRA...................................         5,873,200

 

State general fund/general purpose..................... $      6,087,100

 

   (3) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $       3,843,400

 

GROSS APPROPRIATION.................................... $      3,843,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG, human resources optimization user charges.........         1,070,900

 

   Federal revenues:

 

Federal funds 1%.......................................         1,142,000

 

   Special revenue funds:

 

State restricted funds 1%..............................           872,300

 

State sponsored group insurance, flexible spending

 

   accounts and COBRA...................................           140,300

 

State general fund/general purpose..................... $        617,900

 


   (4) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $      (2,543,700)

 

GROSS APPROPRIATION.................................... $     (2,543,700)

 

    Appropriated from:

 

State general fund/general purpose..................... $     (2,543,700)

 

   Sec. 105. EXECUTIVE OFFICE

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions......... 10.0

 

   Full-time equated classified positions........... 74.2

 

GROSS APPROPRIATION.................................... $      5,252,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $      5,252,900

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................                 0

 

State general fund/general purpose..................... $      5,252,900

 

   (2) EXECUTIVE OFFICE OPERATIONS

 

   Full-time equated unclassified positions......... 10.0

 

   Full-time equated classified positions........... 74.2

 

Governor............................................... $        177,000

 

Lieutenant governor....................................           123,900

 

Executive office--74.2 FTE positions...................         4,154,900

 


Unclassified positions--8.0 FTE positions..............           849,800

 

GROSS APPROPRIATION.................................... $      5,305,600

 

    Appropriated from:

 

State general fund/general purpose..................... $      5,305,600

 

   (3) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $         (52,700)

 

GROSS APPROPRIATION.................................... $        (52,700)

 

    Appropriated from:

 

State general fund/general purpose..................... $        (52,700)

 

   Sec. 106. DEPARTMENT OF INFORMATION TECHNOLOGY

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 1,774.4

 

GROSS APPROPRIATION.................................... $    406,193,400

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................       406,193,400

 

ADJUSTED GROSS APPROPRIATION........................... $              0

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................                 0

 

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

 

   (2) ADMINISTRATION

 

   Full-time equated unclassified positions.......... 6.0

 


   Full-time equated classified positions........ 1,774.4

 

Unclassified positions--6.0 FTE positions.............. $        300,000

 

Enterprisewide services--75.0 FTE positions............        22,980,300

 

Health and human services--773.6 FTE positions.........       228,560,400

 

Education services--38.9 FTE positions.................         3,372,300

 

Public protection--302.0 FTE positions.................        47,008,100

 

Resources services--171.1 FTE positions................        16,942,300

 

Transportation services--107.0 FTE positions...........        28,145,500

 

General services--306.8 FTE positions..................        58,884,500

 

GROSS APPROPRIATION.................................... $    406,193,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of agriculture.....................         1,299,100

 

IDG from department of attorney general................           767,900

 

IDG from department of civil rights....................           754,300

 

IDG from department of civil service...................         3,843,400

 

IDG from department of community health................        33,075,600

 

IDG from department of corrections.....................        16,282,100

 

IDG from department of education.......................         2,629,700

 

IDG from department of environmental quality...........         6,968,700

 

IDG from Michigan gaming control board.................         1,320,000

 

IDG from department of history, arts, and libraries....         1,099,200

 

IDG from department of human services..................       153,964,800

 

IDG from department of labor and economic growth.......        42,799,100

 

IDG from bureau of state lottery.......................         4,549,600

 

IDG from department of management and budget...........        28,315,700

 

IDG from department of military and veterans affairs...         1,187,500

 


IDG from department of natural resources...............         9,201,700

 

IDG from department of state...........................        24,415,600

 

IDG from department of state police....................        28,547,700

 

IDG from department of transportation..................        28,483,300

 

IDG from department of treasury........................        16,688,400

 

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

 

   Sec. 107. LEGISLATURE

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $    108,215,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $    108,215,900

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................           400,000

 

Total other state restricted revenues..................         1,109,800

 

State general fund/general purpose..................... $    106,706,100

 

   (2) LEGISLATURE

 

Senate................................................. $     29,229,700

 

Senate automated data processing.......................         2,577,700

 

Senate fiscal agency...................................         3,096,100

 

House of representatives...............................        45,441,400

 

House automated data processing........................         2,047,300

 

House fiscal agency....................................         2,995,800

 


GROSS APPROPRIATION.................................... $     85,388,000

 

    Appropriated from:

 

State general fund/general purpose..................... $     85,388,000

 

   (3) LEGISLATIVE COUNCIL

 

Legislative council.................................... $     10,120,100

 

Legislative service bureau automated data processing...         1,390,000

 

Worker's compensation..................................           140,000

 

National association dues..............................            98,900

 

GROSS APPROPRIATION.................................... $     11,749,000

 

    Appropriated from:

 

   Special revenue funds:

 

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

 

State general fund/general purpose..................... $     11,349,000

 

   (4) LEGISLATIVE RETIREMENT SYSTEM

 

General nonretirement expenses......................... $       4,398,600

 

GROSS APPROPRIATION.................................... $      4,398,600

 

    Appropriated from:

 

   Special revenue funds:

 

Court fees.............................................         1,109,800

 

State general fund/general purpose..................... $      3,288,800

 

   (5) PROPERTY MANAGEMENT

 

Capitol building....................................... $      2,270,300

 

Cora Anderson building.................................         7,840,900

 

Farnum building and other properties...................           929,600

 

GROSS APPROPRIATION.................................... $     11,040,800

 

    Appropriated from:

 

State general fund/general purpose..................... $     11,040,800

 


   (6) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $      (4,360,500)

 

GROSS APPROPRIATION.................................... $     (4,360,500)

 

    Appropriated from:

 

State general fund/general purpose..................... $     (4,360,500)

 

   Sec. 108. LEGISLATIVE AUDITOR GENERAL

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $     14,665,700

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,801,500

 

ADJUSTED GROSS APPROPRIATION........................... $     12,864,200

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................         1,539,900

 

State general fund/general purpose..................... $     11,324,300

 

   (2) OFFICE OF THE AUDITOR GENERAL

 

Unclassified positions................................. $        313,500

 

Field operations.......................................        16,486,000

 

GROSS APPROPRIATION.................................... $     16,799,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDCS..........................................           107,900

 

IDG from MDLEG, liquor purchase revolving fund.........            11,300

 


IDG from MDOT, comprehensive transportation fund.......            25,200

 

IDG from MDOT, Michigan transportation fund............           204,300

 

IDG from MDOT, state aeronautics fund..................            19,600

 

IDG from MDOT, state trunkline fund....................           474,600

 

IDG, single audit act..................................           958,600

 

   Special revenue funds:

 

Cadillac local development finance authority...........            12,000

 

Clean Michigan initiative implementation bond fund.....            37,500

 

Commercial mobile radio system emergency telephone

 

   fund.................................................            37,500

 

Construction lien fund.................................             7,200

 

Contract audit administration fees.....................            52,700

 

Correctional industries revolving fund.................            31,300

 

Fee adequacy, air quality delegated authority..........             9,400

 

Game and fish protection fund..........................            21,400

 

Legislative retirement system..........................            18,700

 

Marine safety fund.....................................             1,900

 

Michigan economic development corporation..............            41,200

 

Michigan education trust fund..........................            30,000

 

Michigan justice training commission fund..............            28,100

 

Michigan state fair revolving fund.....................            33,000

 

Michigan state housing development authority fees......            22,100

 

Michigan strategic fund................................            87,500

 

Michigan tobacco settlement authority..................            75,000

 

Michigan veterans' trust fund..........................            24,400

 

Motor transport revolving fund.........................             4,700

 

Office services revolving fund.........................             6,800

 


State disbursement unit, office of child support.......            25,000

 

State services fee fund................................           926,900

 

Waterways fund.........................................             5,600

 

State general fund/general purpose..................... $     13,458,100

 

   (3) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $      (2,133,800)

 

GROSS APPROPRIATION.................................... $     (2,133,800)

 

    Appropriated from:

 

State general fund/general purpose..................... $     (2,133,800)

 

   Sec. 109. DEPARTMENT OF MANAGEMENT AND BUDGET

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 7.0

 

   Full-time equated classified positions.......... 747.5

 

GROSS APPROPRIATION.................................... $    472,471,000

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................       156,810,200

 

ADJUSTED GROSS APPROPRIATION........................... $    315,660,800

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................        50,152,200

 

State general fund/general purpose..................... $    265,508,600

 

   (2) MANAGEMENT AND BUDGET SERVICES

 

   Full-time equated unclassified positions.......... 6.0

 


   Full-time equated classified positions.......... 584.0

 

Unclassified positions--6.0 FTE positions.............. $        621,800

 

Executive operations--20.5 FTE positions...............         2,407,200

 

Administrative services--60.5 FTE positions............         6,420,700

 

Budget and financial management--112.5 FTE positions...         9,796,900

 

Office of the state employer--23.0 FTE positions.......         2,774,200

 

Design and construction services--40.0 FTE positions...         5,337,400

 

Business support services--86.5 FTE positions..........         7,862,100

 

Building operation services--241.0 FTE positions.......        88,294,800

 

Building occupancy charges, rent, and utilities........         4,203,000

 

Human resources optimization user charges..............            66,000

 

Motor vehicle fleet....................................        56,861,600

 

GROSS APPROPRIATION.................................... $    184,645,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDOT, comprehensive transportation fund.......            60,400

 

IDG from MDOT, state aeronautics fund..................            37,200

 

IDG from MDOT, state trunkline fund....................         1,454,700

 

IDG from building occupancy and parking charges........        91,136,800

 

IDG from department of labor and economic growth.......           100,000

 

IDG from motor transport fund..........................        56,861,600

 

IDG from MDCH..........................................           433,300

 

IDG from MDHS..........................................           170,500

 

IDG from user fees.....................................         5,335,100

 

   Special revenue funds:

 

Game and fish protection fund..........................           268,800

 

Health management funds................................         1,719,600

 


Marine safety fund.....................................            23,300

 

Special revenue, internal service, and pension trust

 

   funds................................................         9,013,600

 

State building authority revenue.......................           621,200

 

State lottery fund.....................................           110,700

 

State services fee fund................................            74,000

 

Waterways fund.........................................            61,600

 

State general fund/general purpose..................... $     17,163,300

 

   (3) STATEWIDE APPROPRIATIONS

 

Professional development fund - MPES................... $        125,000

 

Professional development fund - AFSCME.................            50,000

 

Professional development fund - NEREs..................            38,000

 

Professional development fund - MSCs...................           116,000

 

GROSS APPROPRIATION.................................... $        329,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from employer contributions........................           329,000

 

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

 

   (4) SPECIAL PROGRAMS

 

   Full-time equated classified positions.......... 154.5

 

Building occupancy charges - property management

 

   services for executive/legislative building

 

   occupancy............................................ $      1,854,100

 

Retirement services--140.5 FTE positions...............        16,793,100

 

Office of children's ombudsman--14.0 FTE positions.....         1,431,500

 

GROSS APPROPRIATION.................................... $     20,078,700

 

    Appropriated from:

 


   Special revenue funds:

 

Deferred compensation..................................         1,542,400

 

Pension trust funds....................................        15,250,700

 

State general fund/general purpose..................... $      3,285,600

 

   (5) STATE FAIR

 

   Full-time equated unclassified positions.......... 1.0

 

   Full-time equated classified positions............ 9.0

 

Unclassified positions--1.0 FTE positions.............. $        101,000

 

Michigan state fair operations--9.0 FTE positions......         6,399,300

 

Michigan state fair information technology.............            88,800

 

GROSS APPROPRIATION.................................... $      6,589,100

 

    Appropriated from:

 

   Special revenue funds:

 

State exposition and fairgrounds fund..................         6,589,100

 

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

 

   (6) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      28,226,900

 

GROSS APPROPRIATION.................................... $     28,226,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDOT, comprehensive transportation fund.......             2,100

 

IDG from MDOT, state aeronautics fund..................             1,100

 

IDG from MDOT, state trunkline fund....................            47,500

 

IDG from building occupancy and parking charges........           654,100

 

IDG from user fees.....................................           186,800

 

   Special revenue funds:

 

Deferred compensation..................................             2,600

 


Game and fish protection fund..........................             9,800

 

Health management funds................................            41,700

 

Marine safety fund.....................................               900

 

MAIN user charges......................................         3,929,200

 

Pension trust funds....................................         6,804,800

 

Special revenue, internal service, and pension trust

 

   funds................................................         2,551,900

 

State building authority revenue.......................             9,700

 

State lottery fund.....................................             4,600

 

Waterways fund.........................................             2,000

 

State general fund/general purpose..................... $     13,978,100

 

   (7) STATE BUILDING AUTHORITY RENT

 

State building authority rent - state agencies......... $     67,071,300

 

State building authority rent - department of

 

   corrections..........................................        46,900,900

 

State building authority rent - universities...........       100,039,400

 

State building authority rent - community colleges.....        19,210,500

 

GROSS APPROPRIATION.................................... $    233,222,100

 

    Appropriated from:

 

   Special revenue funds:

 

State lottery fund.....................................         1,520,000

 

State general fund/general purpose..................... $    231,702,100

 

   (8) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $        (620,500)

 

GROSS APPROPRIATION.................................... $       (620,500)

 

    Appropriated from:

 

State general fund/general purpose..................... $       (620,500)

 


   Sec. 110. DEPARTMENT OF STATE

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 1,853.8

 

GROSS APPROPRIATION.................................... $    194,041,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        20,000,000

 

ADJUSTED GROSS APPROPRIATION........................... $    174,041,900

 

   Federal revenues:

 

Total federal revenues.................................         1,561,200

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................               100

 

Total other state restricted revenues..................       156,972,900

 

State general fund/general purpose..................... $     15,507,700

 

   (2) EXECUTIVE DIRECTION

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 30.2

 

Secretary of state..................................... $        124,900

 

Unclassified positions--5.0 FTE positions..............           459,200

 

Operations--30.2 FTE positions.........................         2,816,800

 

GROSS APPROPRIATION.................................... $      3,400,900

 

    Appropriated from:

 

   Special revenue funds:

 

Auto repair facilities fees............................            60,500

 

Driver fees............................................           127,200

 


Expedient service fees.................................            54,100

 

Parking ticket court fines.............................             8,300

 

Personal identification card fees......................            12,700

 

Reinstatement fees - operator licenses.................           137,300

 

Transportation administration collection fund..........         2,069,100

 

Vehicle theft prevention fees..........................            35,600

 

State general fund/general purpose..................... $        896,100

 

   (3) DEPARTMENT SERVICES

 

   Full-time equated classified positions.......... 166.3

 

Operations--159.8 FTE positions........................ $     23,691,500

 

Assigned claims assessments--6.5 FTE positions.........           771,300

 

GROSS APPROPRIATION.................................... $     24,462,800

 

    Appropriated from:

 

   Federal revenues:

 

Federal funds..........................................             1,200

 

   Special revenue funds:

 

Abandoned vehicle fees.................................           468,600

 

Assigned claims assessments............................           771,300

 

Auto repair facilities fees............................           415,000

 

Child support clearance fees...........................            34,300

 

Driver fees............................................           427,900

 

Expedient service fees.................................           253,200

 

Marine safety fund.....................................            76,000

 

Off-road vehicle title fees............................             7,800

 

Parking ticket court fines.............................            52,700

 

Personal identification card fees......................            84,600

 

Reinstatement fees - operator licenses.................           547,800

 


Scrap tire fund........................................            69,900

 

Snowmobile registration fee revenue....................            18,100

 

Transportation administration collection fund..........        19,138,400

 

Vehicle theft prevention fees..........................           243,400

 

State general fund/general purpose..................... $      1,852,600

 

   (4) REGULATORY SERVICES

 

   Full-time equated classified positions.......... 245.6

 

Operations--243.6 FTE positions........................ $     22,194,700

 

Motorcycle safety education administration--2.0 FTE

 

   positions............................................           360,000

 

Motorcycle safety grants...............................         1,430,000

 

County clerk education and training fund...............           100,000

 

GROSS APPROPRIATION.................................... $     24,084,700

 

    Appropriated from:

 

   Federal revenues:

 

Federal funds..........................................             3,500

 

   Special revenue funds:

 

Auto repair facilities fees............................         4,144,800

 

Commercial driver training school fees.................            72,900

 

Driver fees............................................         1,970,300

 

Expedient service fees.................................            34,400

 

Motorcycle safety fund.................................         1,790,000

 

Notary education and training fund.....................           100,000

 

Notary fee fund........................................           314,000

 

Parking ticket court fines.............................            20,700

 

Personal identification card fees......................            49,300

 

Reinstatement fees - operator licenses.................         1,762,500

 


Transportation administration collection fund..........        11,024,300

 

Vehicle theft prevention fees..........................         1,330,900

 

State general fund/general purpose..................... $      1,467,100

 

   (5) CUSTOMER DELIVERY SERVICES

 

   Full-time equated classified positions........ 1,383.2

 

Branch operations--933.9 FTE positions................. $     72,152,600

 

Central operations--433.1 FTE positions................        38,433,700

 

Commemorative license plates--16.2 FTE positions.......         2,147,300

 

Specialty license plates...............................         1,922,000

 

Olympic center plate...................................            75,700

 

Organ donor program....................................           104,100

 

GROSS APPROPRIATION.................................... $    114,835,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDOT, Michigan transportation fund............        20,000,000

 

   Federal revenues:

 

Federal funds..........................................         1,556,500

 

   Special revenue funds:

 

Private funds..........................................               100

 

Abondoned vehicle fees.................................           197,600

 

Auto repair facilities fees............................            93,100

 

Child support clearance fees...........................           295,500

 

Driver fees............................................        14,325,700

 

Expedient service fees.................................         2,421,700

 

Marine safety fund.....................................         1,187,300

 

Michigan state police auto theft fund..................           118,900

 

Mobile home commission fees............................           476,000

 


Off-road vehicle title fees............................           127,300

 

Parking ticket court fines.............................         1,490,500

 

Personal identification card fees......................         1,583,600

 

Reinstatement fees - operator licenses.................         1,192,400

 

Snowmobile registration fee revenue....................           348,100

 

Transportation administration collection fund..........        57,848,200

 

Vehicle theft prevention fees..........................          209,500

 

State general fund/general purpose..................... $     11,363,400

 

   (6) ELECTION REGULATION

 

   Full-time equated classified positions........... 28.5

 

Election administration and services--28.5 FTE

 

   positions............................................ $      4,780,500

 

Fees to local units....................................           109,800

 

GROSS APPROPRIATION.................................... $      4,890,300

 

    Appropriated from:

 

State general fund/general purpose..................... $      4,890,300

 

   (7) DEPARTMENTWIDE APPROPRIATIONS

 

Building occupancy charges/rent........................ $     10,600,200

 

Worker's compensation..................................           423,400

 

GROSS APPROPRIATION.................................... $     11,023,600

 

    Appropriated from:

 

   Special revenue funds:

 

Auto repair facilities fees............................           142,000

 

Driver fees............................................           466,300

 

Expedient service fees.................................            26,300

 

Parking ticket court fines.............................           467,100

 

Transportation administration collection fund..........         6,020,900

 


State general fund/general purpose..................... $      3,901,000

 

   (8) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      24,415,600

 

GROSS APPROPRIATION.................................... $     24,415,600

 

    Appropriated from:

 

   Special revenue funds:

 

Administrative order processing fee....................            11,100

 

Auto repair facilities fees............................           179,400

 

Child support clearance fees...........................            16,200

 

Driver fees............................................         1,346,100

 

Expedient service fees.................................           959,500

 

Parking ticket court fines.............................            82,700

 

Personal identification card fees......................           881,200

 

Reinstatement fees - operator licenses.................           471,900

 

Transportation administration collection fund..........        16,088,000

 

Vehicle theft prevention fees..........................           170,900

 

State general fund/general purpose..................... $      4,208,600

 

   (9) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $     (13,071,400)

 

GROSS APPROPRIATION.................................... $    (13,071,400)

 

    Appropriated from:

 

State general fund/general purpose..................... $    (13,071,400)

 

   Sec. 110. DEPARTMENT OF TREASURY

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 9.0

 

   Full-time equated classified positions........ 1,697.5

 

GROSS APPROPRIATION.................................... $  1,533,294,600

 


   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        11,551,400

 

ADJUSTED GROSS APPROPRIATION........................... $  1,521,743,200

 

   Federal revenues:

 

Total federal revenues.................................        36,405,700

 

   Special revenue funds:

 

Total local revenues...................................         1,100,700

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................     1,345,561,900

 

State general fund/general purpose..................... $    138,674,900

 

   (2) EXECUTIVE DIRECTION

 

   Full-time equated unclassified positions.......... 9.0

 

   Full-time equated classified positions............ 5.0

 

Unclassified positions--9.0 FTE positions.............. $        812,600

 

Office of the director--5.0 FTE positions..............           833,800

 

GROSS APPROPRIATION.................................... $       1,646,400

 

    Appropriated from:

 

   Special revenue funds:

 

State lottery fund.....................................           159,000

 

State services fee fund................................           196,700

 

State general fund/general purpose..................... $      1,290,700

 

   (3) DEPARTMENTWIDE APPROPRIATIONS

 

Travel................................................. $      1,400,600

 

Rent and building occupancy charges - property

 

   management services..................................         5,294,600

 

Worker's compensation insurance premium................           247,000

 


GROSS APPROPRIATION.................................... $      6,942,200

 

    Appropriated from:

 

   Special revenue funds:

 

Delinquent tax collection revenue......................         3,483,600

 

State general fund/general purpose..................... $      3,458,600

 

   (4) LOCAL GOVERNMENT PROGRAMS

 

   Full-time equated classified positions.......... 107.0

 

Supervision of the general property tax law--84.0

 

   FTE positions........................................ $     10,535,600

 

Property tax assessor training--4.0 FTE positions......           423,100

 

Local finance--19.0 FTE positions......................         2,368,300

 

GROSS APPROPRIATION.................................... $     13,327,000

 

    Appropriated from:

 

   Special revenue funds:

 

Local - assessor training fees.........................           423,100

 

Local - audit charges..................................           587,600

 

Local - equalization study chargebacks.................            40,000

 

Local - revenue from local government..................            50,000

 

Land reutilization fund................................         3,979,100

 

Municipal finance fees.................................           477,700

 

State education tax collections........................            50,000

 

State general fund/general purpose..................... $      7,719,500

 

   (5) TAX PROGRAMS

 

   Full-time equated classified positions.......... 770.5

 

Customer contact--186.0 FTE positions.................. $     13,729,500

 

Tax compliance--335.0 FTE positions....................        31,671,300

 

Tax and economic policy--53.5 FTE positions............         6,012,900

 


Revenue enhancement program--45.0 FTE positions........         5,267,400

 

Tax processing--147.0 FTE positions....................        15,013,600

 

Home heating assistance................................         2,159,800

 

Bottle bill implementation.............................           250,000

 

Tobacco tax collection--4.0 FTE positions..............           348,500

 

GROSS APPROPRIATION.................................... $     74,453,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG, data/collection services fees.....................            50,900

 

IDG from MDOT, Michigan transportation fund............         7,549,700

 

IDG from MDOT, state aeronautics fund..................            67,300

 

   Federal revenues:

 

HHS-SSA, low-income energy assistance..................         2,159,800

 

   Special revenue funds:

 

Bottle deposit fund....................................           250,000

 

Delinquent tax collection revenue......................        56,923,900

 

Tobacco tax collection and enforcement.................           348,500

 

Tobacco tax revenue....................................           388,800

 

Waterways fund.........................................            78,900

 

State general fund/general purpose..................... $      6,635,200

 

   (6) BANKING AND MANAGEMENT SERVICES

 

   Full-time equated classified positions.......... 321.0

 

Program management--13.0 FTE positions................. $      1,543,800

 

Human resources and purchasing--27.0 FTE positions.....         2,723,300

 

Mail operations--20.0 FTE positions....................         2,060,600

 

Unclaimed property--21.0 FTE positions.................         3,545,800

 

Human resources optimization user charges..............            85,200

 


Collections--168.0 FTE positions.......................        17,107,300

 

Finance and accounting--32.0 FTE positions.............         1,733,200

 

Receipts processing--40.0 FTE positions................         2,943,900

 

GROSS APPROPRIATION.................................... $     31,743,100

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDHS, title IV-D..............................           617,600

 

IDG, levy/warrant cost assessment fees.................         1,848,800

 

IDG, state agency collection fees......................           590,100

 

IDG, data/collection services fees.....................           204,400

 

   Special revenue funds:

 

Delinquent tax collection revenue......................        17,337,600

 

Escheats revenue.......................................         3,545,800

 

Garnishment fees.......................................           531,600

 

Justice system fund....................................           636,500

 

Treasury fees..........................................           188,300

 

State general fund/general purpose..................... $      6,242,400

 

   (7) FINANCIAL PROGRAMS

 

   Full-time equated classified positions.......... 213.0

 

Investments--78.0 FTE positions........................ $     15,084,600

 

Michigan merit award administration--5.0 FTE positions.         1,468,900

 

Michigan education savings program.....................           800,000

 

Common cash and debt management--11.5 FTE positions....         1,233,200

 

Student financial assistance programs--118.5 FTE

 

   positions............................................        35,674,400

 

GROSS APPROPRIATION.................................... $     54,261,100

 

    Appropriated from:

 


   Interdepartmental grant revenues:

 

IDG, fiscal agent service fees.........................           167,700

 

   Federal revenues:

 

DED-OPSE, federal lenders allowance....................        10,437,300

 

DED-OPSE, higher education act of 1965, insured loans..        23,264,700

 

   Special revenue funds:

 

Defined contribution administrative fee revenue........           100,000

 

College work study.....................................            46,300

 

Michigan merit award trust fund........................         2,693,300

 

Retirement funds.......................................        14,112,700

 

School bond fees.......................................           618,600

 

Treasury fees..........................................         1,035,800

 

State general fund/general purpose..................... $      1,784,700

 

   (8) DEBT SERVICE

 

Water pollution control bond and interest redemption... $      2,386,400

 

Quality of life bond...................................        60,900,000

 

Clean Michigan initiative..............................        50,000,000

 

Great Lakes water quality bond.........................         6,700,000

 

GROSS APPROPRIATION.................................... $    119,986,400

 

    Appropriated from:

 

   Special revenue funds:

 

Refined petroleum fund.................................        23,914,500

 

State general fund/general purpose..................... $     96,071,900

 

   (9) GRANTS

 

Grants to counties in lieu of taxes.................... $          5,000

 

Convention facility development distribution...........        23,850,000

 

Senior citizen cooperative housing tax exemption

 


   program..............................................        17,922,900

 

Commercial mobile radio service payments...............        17,900,000

 

Health and safety fund grants..........................        25,000,000

 

Renaissance zone reimbursement.........................         3,095,000

 

GROSS APPROPRIATION.................................... $     87,772,900

 

    Appropriated from:

 

   Special revenue funds:

 

Commercial mobile radio service fees...................        17,900,000

 

Convention facility development fund...................        23,850,000

 

Health and safety fund.................................        25,000,000

 

State general fund/general purpose..................... $     21,022,900

 

   (10) STATE LOTTERY

 

   Full-time equated classified positions.......... 175.0

 

Lottery operations--175.0 FTE positions................ $     20,252,500

 

Human resources optimization user charges..............            10,900

 

Promotion and advertising..............................        18,622,000

 

Lottery information technology services and projects...         4,549,600

 

GROSS APPROPRIATION.................................... $     43,435,000

 

    Appropriated from:

 

   Special revenue funds:

 

State lottery fund.....................................        43,435,000

 

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

 

   (11) CASINO GAMING

 

   Full-time equated classified positions.......... 106.0

 

Michigan gaming control board.......................... $         50,000

 

Casino gaming control administration--106.0 FTE

 

   positions............................................        18,885,800

 


Human resources optimization user charges..............             7,200

 

Casino gaming information technology services and

 

   projects.............................................         1,320,000

 

GROSS APPROPRIATION.................................... $     20,263,000

 

    Appropriated from:

 

Casino gambling agreements.............................           383,500

 

State services fee fund................................        19,879,500

 

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

 

   (12) REVENUE SHARING

 

Constitutional state general revenue sharing grants.... $    673,952,000

 

Statutory state general revenue sharing grants.........       398,717,000

 

County revenue sharing.................................           113,600

 

Special grants.........................................           212,000

 

GROSS APPROPRIATION.................................... $  1,072,994,600

 

    Appropriated from:

 

Sales tax..............................................     1,072,669,000

 

State general fund/general purpose..................... $        325,600

 

   (13) INFORMATION TECHNOLOGY

 

Treasury operations information technology services

 

   and projects......................................... $      16,688,400

 

GROSS APPROPRIATION.................................... $     16,688,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDOT, Michigan transportation fund............           454,900

 

   Federal revenues:

 

DED-OPSE, federal lenders allowance....................           543,900

 

   Special revenue funds:

 


Delinquent tax collection revenue......................        10,273,300

 

Michigan merit award trust fund........................           415,300

 

Retirement funds.......................................           659,100

 

State general fund/general purpose..................... $      4,341,900

 

   (14) DEPARTMENTAL REDUCTION

 

Departmental reduction................................. $     (10,218,500)

 

GROSS APPROPRIATION.................................... $    (10,218,500)

 

    Appropriated from:

 

   Special revenue funds:

 

State general fund/general purpose..................... $    (10,218,500)

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

GENERAL SECTIONS

 

     Sec. 201. (1) Pursuant to section 30 of article IX of the

 

state constitution of 1963, total state spending from state

 

resources under part 1 for fiscal year 2007-2008 is

 

$2,168,732,200.00 and state spending from state resources to be

 

paid to local units of government for fiscal year 2007-2008 is

 

$1,176,514,200.00. The itemized statement below identifies

 

appropriations from which spending to local units of government

 

will occur:

 

DEPARTMENT OF STATE

 

Fees to local units.................................... $        109,800

 

Motorcycle safety education grants.....................         1,115,400

 

Subtotal............................................... $      1,225,200

 


DEPARTMENT OF TREASURY

 

Senior citizen cooperative housing tax exemption....... $     17,922,900

 

Grants to counties in lieu of taxes....................             5,000

 

Health and safety fund grants..........................        25,000,000

 

Constitutional state general revenue sharing grants....       673,952,000

 

Statutory state general revenue sharing grants.........       398,717,000

 

Convention facility development fund distribution......        23,850,000

 

Commercial mobile radio service payments...............        15,221,500

 

Renaissance zone reimbursements........................         3,095,000

 

Special grants.........................................           212,000

 

County revenue sharing payment.........................          113,600

 

Airport parking distribution pursuant to section 909...        17,200,000

 

Subtotal............................................... $   1,175,289,000

 

TOTAL GENERAL GOVERNMENT............................... $   1,176,514,200

 

     (2) Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state sources for

 

fiscal year 2007-2008 is estimated at $________________ in the

 

2007-2008 appropriations acts and total state spending from state

 

sources paid to local units of government for fiscal year 2007-2008

 

is estimated at $________________. The state-local proportion is

 

estimated at ______ of total state spending from state resources.

 

     (3) If payments to local units of government and state

 

spending from state sources for fiscal year 2007-2008 are different

 

than the amounts estimated in subsection (2), the state budget

 

director shall report the payments to local units of government and

 

state spending from state sources that were made for fiscal year

 

2007-2008 to the senate and house of representatives standing

 


committees on appropriations within 30 days after the final book-

 

closing for fiscal year 2007-2008.

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "AFSCME" means American federation of state, county, and

 

municipal employees.

 

     (b) "COBRA" means the consolidated omnibus budget

 

reconciliation act of 1985, Public Law 99-272.

 

     (c) "CPI" means consumer price index.

 

     (d) "DAG" means the United States department of agriculture.

 

     (e) "DED-OPSE" means the United States department of

 

education, office of postsecondary education.

 

     (f) "DOL-ETA" means the United States department of labor,

 

employment and training administration.

 

     (g) "DOL-OSHA" means the United States department of labor,

 

occupational safety and health administration.

 

     (h) "EEOC" means the United States equal employment

 

opportunity commission.

 

     (i) "EPA" means the United States environmental protection

 

agency.

 

     (j) "FTE" means full-time equated.

 

     (k) "GF/GP" means general fund/general purpose.

 

     (l) "HHS" means the United States department of health and

 

human services.

 

     (m) "HHS-OS" means the HHS office of the secretary.

 


     (n) "HHS-SSA" means the HHS social security administration.

 

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

 

urban development.

 

     (p) "IDG" means interdepartmental grant.

 

     (q) "JCOS" means the joint capital outlay subcommittee.

 

     (r) "MAIN" means the Michigan administrative information

 

network.

 

     (s) "MCL" means the Michigan Compiled Laws.

 

     (t) "MDCH" means the Michigan department of community health.

 

     (u) "MDCS" means the Michigan department of civil service.

 

     (v) "MDHS" means the Michigan department of human services.

 

     (w) "MDLEG" means the Michigan department of labor and

 

economic growth.

 

     (x) "MDMB" means the Michigan department of management and

 

budget.

 

     (y) "MDOT" means the Michigan department of transportation.

 

     (z) "MDSP" means the Michigan department of state police.

 

     (aa) "MPES" means the Michigan professional employees society.

 

     (bb) "PA" means public act.

 

     (cc) "PACC" means the prosecuting attorneys coordinating

 

council.

 

     Sec. 204. The department of civil service shall bill

 

departments and agencies at the end of the first fiscal quarter for

 

the 1% charge authorized by section 5 of article XI of the state

 

constitution of 1963. Payments shall be made for the total amount

 

of the billing by the end of the second fiscal quarter.

 

     Sec. 205. (1) A hiring freeze is imposed on the state

 


classified civil service. State departments and agencies are

 

prohibited from hiring 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. Unless otherwise specified, departments and agencies

 

receiving appropriations in part 1 shall use the Internet to

 

fulfill the reporting requirements of this article. This

 

requirement may include transmission of reports via electronic mail

 

to the recipients identified for each reporting requirement, or it

 

may include placement of reports on an Internet or Intranet site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference should be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. 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 of each department receiving

 

appropriations in part 1 shall take all reasonable steps to ensure

 

businesses in deprived and depressed communities compete for and

 


perform contracts to provide services or supplies, or both. Each

 

director shall strongly encourage firms with which the department

 

contracts to subcontract with certified businesses in depressed and

 

deprived communities for services, supplies, or both.

 

     Sec. 211. Pursuant to section 352 of the management and budget

 

act, 1984 PA 431, MCL 18.1352, that provides for a transfer of

 

state general funds into the countercyclical budget and economic

 

stabilization fund, there is appropriated into the countercyclical

 

budget and economic stabilization fund the sum of $0.00. The

 

calculation required by section 352 of the management and budget

 

act, 1984 PA 431, MCL 18.1352, is determined as follows:

 

                                                2006       2007

 

Michigan personal income (millions).......    $342,900   $352,501

 

    less: transfer payments..............      54,901     58,403

 

    Subtotal.............................     287,999    294,098

 

Divided by: Detroit CPI for 12 months

 

    ending June 30.......................       1.948      1.980

 

Equals: Real adjusted Michigan personal

 

    income...............................    $147,881   $148,534

 

Percentage change ........................                  0.4%

 

Percentage change in excess of 2% ........        0.0%      0.0%

 

Multiplied by: estimated GF/GP revenue in

 

    FY 2006-2007 (millions)..............               8,230.0

 

Equals: countercyclical budget and

 

    economic stabilization fund calculation

 

    for the fiscal year ending September 30,

 

    2008.................................        $0.0       $0.0

 


     Sec. 212. The departments and agencies receiving

 

appropriations in part 1 shall receive and retain copies of all

 

reports funded from appropriations in part 1. Federal and state

 

guidelines for short-term and long-term retention of records shall

 

be followed.

 

     Sec. 213. Funds appropriated in part 1 shall not be used by

 

this state, a department, an agency, or an authority of this state

 

to purchase an ownership interest in a casino enterprise or a

 

gambling operation as those terms are defined in the Michigan

 

gaming control and revenue act, the Initiated Law of 1996, MCL

 

432.201 to 432.226.

 

     Sec. 214. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. Such user fees shall be subject to

 

provisions of an interagency agreement between the departments and

 

agencies and the department of information technology.

 

     Sec. 215. A department or state agency shall not take

 

disciplinary action against an employee for communicating with a

 

member of the legislature or his or her staff.

 

     Sec. 216. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2008 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

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

 

for law enforcement purposes.

 

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

 


Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

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

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

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

 

staff that is not available within this state.

 

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

 

funds.

 

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

 

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

 

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

 

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

 

to the senate and house of representatives standing committees on

 

appropriations.

 

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

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

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

 

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

 

submitted to the senate and house of representatives standing

 

committees on appropriations, the senate and house fiscal agencies,

 

and the state budget director. The report shall include the

 

following information:

 

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

 


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

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

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

 

occurrence.

 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

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

 

immediately preceding fiscal year.

 

     Sec. 217. General fund appropriations in this article shall

 

not be expended for items in cases where federal funding is

 

available for the same expenditures.

 

     Sec. 220. Funds appropriated in this article shall not be used

 

to establish, operate, or administer a payroll deduction plan that

 

enables classified state employees to make contributions to either

 

a committee, as defined in section 3 of the Michigan campaign

 

finance act, 1976 PA 388, MCL 169.203, or a political organization,

 

as defined in section 527 of the internal revenue code.

 

     Sec. 221. (1) Each 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. 222. Each department shall decide how to achieve

 

authorization adjustments required by negative appropriations for

 

departmental reductions, whether by layoffs, delaying equipment

 

purchases, administrative efficiencies, or other means. These

 

reductions reflect the inability to enact an early retirement

 

proposal.

 

 

 

DEPARTMENT OF ATTORNEY GENERAL

 

     Sec. 302. (1) The attorney general shall perform all legal

 

services, including representation before courts and administrative

 

agencies rendering legal opinions and providing legal advice to a

 

principal executive department or state agency. A principal

 

executive department or state agency shall not employ or enter into

 

a contract with any other person for services described in this

 

section.

 

     (2) The attorney general shall defend judges of all state

 

courts if a claim is made or a civil action is commenced for

 

injuries to persons or property caused by the judge through the

 

performance of the judge's duties while acting within the scope of

 

his or her authority as a judge.

 

     (3) The attorney general shall perform the duties specified in

 


1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to

 

14.102, and as otherwise provided by law.

 

     Sec. 303. The attorney general may sell copies of the biennial

 

report in excess of the 350 copies that the attorney general may

 

distribute on a gratis basis. Gratis copies shall not be provided

 

to members of the legislature. Electronic copies of biennial

 

reports shall be made available on the department of attorney

 

general's website. The attorney general shall sell copies of the

 

report at not less than the actual cost of the report and shall

 

deposit the money received into the general fund.

 

     Sec. 304. The department of attorney general is responsible

 

for the legal representation for state of Michigan state employee

 

worker's disability compensation cases. The risk management

 

revolving fund revenue appropriation in part 1 is to be satisfied

 

by billings from the department of attorney general for the actual

 

costs of legal representation, including salaries and support

 

costs.

 

     Sec. 305. In addition to the funds appropriated in part 1, not

 

more than $400,000.00 shall be reimbursed per fiscal year for food

 

stamp fraud cases heard by the third circuit court of Wayne County

 

that were initiated by the department of attorney general pursuant

 

to the existing contract between the department of human services,

 

the prosecuting attorneys association of Michigan, and the

 

department of attorney general. The source of this funding is money

 

earned by the department of attorney general under the agreement

 

after the allowance for reimbursement to the department of attorney

 

general for costs associated with the prosecution of food stamp

 


fraud cases. It is recognized that the federal funds are earned by

 

the department of attorney general for its documented progress on

 

the prosecution of food stamp fraud cases according to the United

 

States department of agriculture regulations and that, once earned

 

by this state, the funds become state funds.

 

     Sec. 306. Any proceeds from a lawsuit initiated by or

 

settlement agreement entered into on behalf of this state against a

 

manufacturer of tobacco products by the attorney general are state

 

funds and are subject to appropriation as provided by law.

 

     Sec. 307. In addition to the antitrust revenues in part 1,

 

antitrust, securities fraud, consumer protection or class action

 

enforcement revenues, or attorney fees recovered by the department,

 

not to exceed $250,000.00, are appropriated to the department for

 

antitrust, securities fraud, and consumer protection or class

 

action enforcement cases. Any unexpended funds from antitrust,

 

securities fraud, or consumer protection or class action

 

enforcement revenues at the end of the fiscal year, including

 

antitrust funds in part 1, shall be carried forward for expenditure

 

in the following fiscal year up to the maximum authorization of

 

$250,000.00.

 

     Sec. 308. (1) In addition to the funds appropriated in part 1,

 

there is appropriated up to $500,000.00 from litigation expense

 

reimbursements awarded to the state.

 

     (2) The funds may be expended for the payment of litigation

 

expenses, court judgments and settlements, or attorney fees

 

assessed against the office of the governor, the department of the

 

attorney general, the governor, or the attorney general when acting

 


in an official capacity as the named party in litigation against

 

the state. The funds may also be expended for the payment of state

 

costs incurred under section 16 of chapter X of the code of

 

criminal procedure, 1927 PA 175, MCL 770.16.

 

     (3) Unexpended funds at the end of the fiscal year shall be

 

carried forward for expenditure in the following year, up to a

 

maximum authorization of $500,000.00.

 

     Sec. 309. From the prisoner reimbursement funds appropriated

 

in part 1, the department may spend up to $460,800.00 on activities

 

related to the state correctional facilities reimbursement act,

 

1935 PA 253, MCL 800.401 to 800.406. In addition to the funds

 

appropriated in part 1, if the department collects in excess of

 

$1,131,000.00 in gross annual prisoner reimbursement receipts

 

provided to the general fund, the excess, up to a maximum of

 

$1,000,000.00, is appropriated to the department of attorney

 

general and may be spent on the representation of the department of

 

corrections and its officers, employees, and agents, including, but

 

not limited to, the defense of litigation against the state, its

 

departments, officers, employees, or agents in civil actions filed

 

by prisoners. Any unexpended funds at the end of the fiscal year

 

shall be carried forward for expenditure in the following fiscal

 

year up to the maximum authorization of $500,000.00.

 

     Sec. 310. (1) For the purposes of providing title IV-D child

 

support enforcement funding, the department of human services, as

 

the state IV-D agency, shall maintain a cooperative agreement with

 

the attorney general for federal IV-D funding to support the child

 

support enforcement activities within the office of the attorney

 


general.

 

     (2) The attorney general or his or her designee shall, to the

 

extent allowable under federal law, have access to any information

 

used by the state to locate parents who fail to pay court-ordered

 

child support.

 

     Sec. 311. Funds collected by the department of attorney

 

general under section 10b of the medicaid false claim act, 1977 PA

 

72, MCL 400.610b, are appropriated to the department of attorney

 

general for the purpose for which they were received. Any

 

unexpended funds at the end of the fiscal year shall be carried

 

forward for expenditure in subsequent fiscal years.

 

 

 

DEPARTMENT OF CIVIL RIGHTS

 

     Sec. 402. (1) In addition to the appropriations contained in

 

part 1, the department of civil rights may receive and expend funds

 

from local or private sources for all of the following purposes:

 

     (a) Developing and presenting training for employers on equal

 

employment opportunity law and procedures.

 

     (b) The publication and sale of civil rights related

 

informational material.

 

     (c) The provision of copy material made available under

 

freedom of information requests.

 

     (d) Other copy fees, subpoena fees, and witness fees.

 

     (e) Developing, presenting, and participating in mediation

 

processes for certain civil rights cases.

 

     (f) Workshops, seminars, and recognition or award programs

 

consistent with the programmatic mission of the individual unit

 


sponsoring or coordinating the programs.

 

     (2) The department of civil rights shall annually report to

 

the state budget director, the senate and house of representatives

 

standing committees on appropriations, and the senate and house

 

fiscal agencies the amount of funds received and expended for

 

purposes authorized under this section.

 

     Sec. 403. The department of civil rights may contract with

 

local units of government to review equal employment opportunity

 

compliance of potential contractors and may charge for and expend

 

amounts received from local units of government for the purpose of

 

developing and providing these contractual services.

 

     Sec. 404. 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.

 

 

 

DEPARTMENT OF CIVIL SERVICE

 

     Sec. 502. (1) All restricted funds shall be assessed a sum not

 

less than 1% of the total aggregate payroll paid from those funds

 

for financing the department of civil service on the basis of

 

actual 1% restricted sources total aggregate payroll of the

 

classified service for fiscal year 2006 in accordance with section

 

5 of article XI of the state constitution of 1963. This includes,

 

but is not limited to, restricted funds appropriated in part 1 of

 

any appropriations act. Unexpended 1% appropriated funds shall be

 

returned to each 1% fund source at the end of the fiscal year.

 

     (2) The 1% appropriations in part 1 are estimates of actual 1%

 


charges based on payroll appropriations. With the approval of the

 

state budget director, the department is authorized to adjust

 

financing sources for civil service 1% charges based on actual

 

payroll expenditures, provided that such adjustments do not

 

increase the total appropriation for the department of civil

 

service.

 

     (3) The 1% financing from restricted sources shall be credited

 

to the department of civil service by the end of the second fiscal

 

quarter.

 

     Sec. 503. Except where specifically appropriated for this

 

purpose, 1% of the financing from restricted sources shall be

 

credited to the department of civil service. For restricted sources

 

of funding within the general fund that have the legislative

 

authority for carryover, if current spending authorization or

 

revenues are insufficient to accept the charge, the shortage shall

 

be taken from carryforward balances of that funding source.

 

Restricted revenue sources that do not have carryforward authority

 

shall be utilized to satisfy departmental operating deducts first

 

and civil service obligations second. General fund dollars are

 

appropriated for any shortfall, pursuant to approval by the state

 

budget director.

 

     Sec. 504. The appropriation in part 1 to the department of

 

civil service, for state-sponsored group insurance, flexible

 

spending accounts, and COBRA, represents amounts, in part, included

 

within the various appropriations throughout state government for

 

the current fiscal year to fund the flexible spending account

 

program included within the department of civil service. Deposits

 


against state-sponsored group insurance, flexible spending

 

accounts, and COBRA for the flexible spending account program shall

 

be made from assessments levied during the current fiscal year in a

 

manner prescribed by the department of civil service. Unspent

 

employee contributions to the flexible spending accounts may be

 

used to offset administrative costs for the flexible spending

 

account program, with any remaining balance of unspent employee

 

contributions to be lapsed to the general fund.

 

     Sec. 505. 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.

 

 

 

INFORMATION TECHNOLOGY

 

     Sec. 573. (1) The department of information technology may

 

sell and accept paid advertising for placement on any state website

 

under its jurisdiction. The department shall review and approve the

 

content of each advertisement. The department may refuse to accept

 

advertising from any person or organization or require modification

 

to advertisements based upon criteria determined by the department.

 

Revenue received under this subsection shall be used for operating

 

costs of the department and for future technology enhancements to

 

state of Michigan e-government initiatives. Funds received under

 

this subsection shall be limited to $250,000.00. Any funds in

 

excess of $250,000.00 shall be deposited in the state general fund.

 

     (2) Funds accepted by the department of information technology

 

under subsection (1) are appropriated and allotted when received

 


and may be expended upon approval of the state budget director. The

 

state budget office shall notify the senate and house of

 

representatives standing committees on appropriations subcommittees

 

on general government and the senate and house fiscal agencies

 

within 10 days after the approval is given.

 

     (3) By April 1, the department of information technology shall

 

report to the senate and house of representatives standing

 

committees on appropriations and the senate and house fiscal

 

agencies that a statement of the total revenue received from the

 

sale of paid advertising accepted under this section and a

 

statement of the total number of advertising transactions are

 

available on the department's website.

 

     Sec. 574. The department of information technology may enter

 

into agreements to supply spatial information and technical

 

services to other principal executive departments, state agencies,

 

local units of government, and other organizations. The department

 

of information technology may receive and expend funds in addition

 

to those authorized in part 1 for providing information and

 

technical services, publications, maps, and other products. The

 

department of information technology may expend amounts received

 

for salaries, supplies, and equipment necessary to provide

 

informational products and technical services. Prior to December 1

 

of each year, the department shall provide a report to the senate

 

and house of representatives standing committees on appropriations

 

subcommittees on general government, detailing the sources of

 

funding and expenditures made under this section.

 

     Sec. 575. The legislature shall have access to all historical

 


and current data contained within MAIN pertaining to state

 

departments. State departments shall have access to all historical

 

and current data contained within MAIN.

 

     Sec. 576. When used in this article, "information technology

 

services" means services involving all aspects of managing and

 

processing information including, but not limited to, all of the

 

following:

 

     (a) Application development and maintenance.

 

     (b) Desktop computer support and management.

 

     (c) Mainframe computer support and management.

 

     (d) Server support and management.

 

     (e) Local area network support and management.

 

     (f) Information technology contract, project, and procurement

 

management.

 

     (g) Information technology planning and budget management.

 

     (h) Telecommunication services, security, infrastructure, and

 

support.

 

     (i) Software and software licensing.

 

     Sec. 577. (1) Funds appropriated in part 1 for the Michigan

 

public safety communications system shall be expended upon approval

 

of an expenditure plan by the state budget director.

 

     (2) The department of information technology shall assess all

 

subscribers of the Michigan public safety communications system

 

reasonable access and maintenance fees.

 

     (3) All money received by the department of information

 

technology under this section shall be expended for the support and

 

maintenance of the Michigan public safety communications system.

 


     (4) The department of information technology shall provide a

 

report to the senate and house of representatives standing

 

committees on appropriations, the senate and house fiscal agencies,

 

and the state budget director on April 15 and on October 15,

 

indicating the amount of revenue collected under this section and

 

expended for support and maintenance of the Michigan public safety

 

communications system for the immediately preceding 6-month period.

 

Any deposits made under this section and unencumbered funds are

 

restricted revenues and may be carried forward into succeeding

 

fiscal years.

 

     Sec. 578. The department of information technology shall

 

submit a report for the immediately preceding fiscal year ending

 

September 30 to the senate and house of representatives standing

 

committees on appropriations subcommittees on general government

 

and the senate and house fiscal agencies by March 1. The report

 

shall include the following:

 

     (a) The total amount of funding appropriated for information

 

technology services and projects, by funding source, for all

 

principal executive departments and agencies.

 

     (b) A listing of the expenditures made from the amounts

 

received by the department of information technology, as reported

 

in subdivision (a).

 

     Sec. 580. (1) From the funds appropriated in part 1 to general

 

services, for the department of state, there is appropriated

 

$4,550,000.00 for the business application modernization project.

 

Funds shall only be used for the development, implementation, and

 

maintenance of the business application modernization project.

 


     (2) The unexpended funds appropriated in part 1 for the

 

business application modernization project are designated as work

 

project appropriations and shall not lapse at the end of the fiscal

 

year. Any unencumbered or unallotted funds shall be carried over

 

into the succeeding fiscal year and shall continue to be available

 

for expenditure until the project has been completed. The total

 

cost is estimated at $30,000,000.00, and the tentative completion

 

date is September 30, 2010.

 

     Sec. 584. The department of information technology shall

 

determine how existing 2-1-1 capacities will be utilized by each

 

state department with community resource information and referral

 

service, including, but not limited to, toll-free help and

 

information lines and comprehensive human service databases. The

 

department of information technology shall report its findings in

 

writing to the senate and house of representatives standing

 

committees on appropriations by July 1, 2008. The report shall

 

include a statement of how each state department has utilized 2-1-1

 

in its coordination efforts, including any efficiencies, cost

 

savings, and improved service provided to Michigan residents. The

 

report shall also contain recommendations for maintaining a

 

statewide 2-1-1 system.

 

     Sec. 585. The department shall provide a report that

 

calculates the total amount of funds expended for the child support

 

enforcement system to date from the inception of the program. The

 

report shall contain information on the original start and

 

completion dates for the project, the original cost to complete the

 

project, and a listing of all revisions to project completion dates

 


and costs. The report shall include the total amount of funds paid

 

to the federal government for penalties. The report shall be

 

submitted to the senate and house of representatives standing

 

committees on government operations, the senate and house of

 

representatives standing committees on appropriations subcommittees

 

on general government, and the senate and house fiscal agencies by

 

January 1.

 

     Sec. 586. If during the course of the fiscal year a transfer

 

or supplemental to or from the information technology line item

 

within an agency budget is made under section 393 of the management

 

and budget act, 1984 PA 431, MCL 18.1393, there is appropriated an

 

equal amount of user fees in the department of information

 

technology budget to accommodate an increase or decrease in

 

spending authorization.

 

     Sec. 587. 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.

 

 

 

LEGISLATURE

 

     Sec. 600. The senate, the house of representatives, or an

 

agency within the legislative branch may receive, expend, and

 

transfer funds in addition to those authorized in part 1.

 

     Sec. 601. (1) Funds appropriated in part 1 to an entity within

 

the legislative branch shall not be expended or transferred to

 

another account without written approval of the authorized agent of

 

the legislative entity. If the authorized agent of the legislative

 


entity notifies the state budget director of its approval of an

 

expenditure or transfer before the year-end book-closing date for

 

that legislative entity, the state budget director shall

 

immediately make the expenditure or transfer. The authorized

 

legislative entity agency shall be designated by the speaker of the

 

house of representatives for house entities, the senate majority

 

leader for senate entities, and the legislative council for

 

legislative council entities.

 

     (2) Funds appropriated within the legislative branch, to a

 

legislative council component, shall not be expended by any agency

 

or other subgroup included in that component without the approval

 

of the legislative council.

 

     Sec. 602. The senate may charge rent and assess charges for

 

utility costs. The amounts received for rent charges and utility

 

assessments are appropriated to the senate for the renovation,

 

operation, and maintenance of the Farnum building and other

 

properties.

 

     Sec. 603. The appropriation contained in part 1 for national

 

association dues is to be distributed by the legislative council.

 

     Sec. 604. (1) The appropriation in part 1 to the legislative

 

council includes funds to operate the legislative parking

 

facilities in the capitol area. The legislative council shall

 

establish rules regarding the operation of the legislative parking

 

facilities.

 

     (2) The legislative council shall collect a fee from state

 

employees and the general public using certain legislative parking

 

facilities. The revenues received from the parking fees shall be

 


allocated by the legislative council.

 

     Sec. 605. The appropriation in part 1 to the legislative

 

council for publication of the Michigan manual is a work project

 

account. The unexpended portion remaining on September 30 shall not

 

lapse and shall be carried forward into the subsequent fiscal year

 

for use in paying the associated biennial costs of publication of

 

the Michigan manual.

 

     Sec. 606. The appropriations in part 1 to the legislative

 

branch, for property management, shall be used to purchase

 

equipment and services for building maintenance in order to ensure

 

a safe and productive work environment. These funds are designated

 

as work project appropriations and shall not lapse at the end of

 

the fiscal year, and shall continue to be available for expenditure

 

until the project has been completed. The total cost is estimated

 

at $500,000.00, and the tentative completion date is September 30,

 

2011.

 

     Sec. 607. The appropriations in part 1 to the legislative

 

branch, for automated data processing, shall be used to purchase

 

equipment, software, and services in order to support and implement

 

data processing requirements and technology improvements. These

 

funds are designated as work project appropriations and shall not

 

lapse at the end of the fiscal year, and shall continue to be

 

available for expenditure until the project has been completed. The

 

total cost is estimated at $500,000.00, and the tentative

 

completion date is September 30, 2011.

 

     Sec. 608. In addition to funds appropriated in part 1, the

 

Michigan capitol committee publications save the flags fund account

 


may accept contributions, gifts, bequests, devises, grants, and

 

donations. Those funds that are not expended in the fiscal year

 

ending September 30 shall not lapse at the close of the fiscal

 

year, and shall be carried forward for expenditure in the following

 

fiscal years.

 

     Sec. 610. The funds appropriated in part 1 shall not be used

 

to pay for health insurance benefits for unmarried domestic

 

partners of legislators or legislative employees.

 

 

 

LEGISLATIVE AUDITOR GENERAL

 

     Sec. 620. Pursuant to section 53 of article IV of the state

 

constitution of 1963, the auditor general shall conduct audits of

 

the judicial branch. The audits may include the supreme court and

 

its administrative units, the court of appeals, and trial courts.

 

     Sec. 621. (1) The auditor general shall take all reasonable

 

steps to ensure that certified minority- and women-owned and

 

operated accounting firms, and accounting firms owned and operated

 

by persons with disabilities participate in the audits of the

 

books, accounts, and financial affairs of each principal executive

 

department, branch, institution, agency, and office of this state.

 

     (2) The auditor general shall strongly encourage firms with

 

which the auditor general contracts to perform audits of the

 

principal executive departments and state agencies to subcontract

 

with certified minority- and women-owned and operated accounting

 

firms, and accounting firms owned and operated by persons with

 

disabilities.

 

     (3) The auditor general shall compile an annual report

 


regarding the number of contracts entered into with certified

 

minority- and women-owned and operated accounting firms, and

 

accounting firms owned and operated by persons with disabilities.

 

The auditor general shall deliver the report to the state budget

 

director and the senate and house of representatives standing

 

committees on appropriations subcommittees on general government by

 

November 1 of each year.

 

     Sec. 622. From the funds appropriated in part 1 to the

 

legislative auditor general, the auditor general's salary and the

 

salaries of the remaining 2.0 FTE unclassified positions shall be

 

set by the speaker of the house of representatives, the senate

 

majority leader, the house of representatives minority leader, and

 

the senate minority leader.

 

     Sec. 623. Any audits, reviews, or investigations requested of

 

the auditor general by the legislature or by legislative

 

leadership, legislative committees, or individual legislators shall

 

include an estimate of the additional costs involved and, when

 

those costs exceed $50,000.00, should provide supplemental funding.

 

The auditor general shall determine whether to perform those

 

activities in keeping with Audit Directive No. 29, which describes

 

the office of the auditor general's policy on responding to

 

legislative requests.

 

 

 

DEPARTMENT OF MANAGEMENT AND BUDGET

 

     Sec. 702. Proceeds in excess of necessary costs incurred in

 

the conduct of transfers or auctions of state surplus, salvage, or

 

scrap property made pursuant to section 267 of the management and

 


budget act, 1984 PA 431, MCL 18.1267, are appropriated to the

 

department of management and budget to offset costs incurred in the

 

acquisition and distribution of federal surplus property.

 

     Sec. 704. (1) The department of management and budget may

 

receive and expend funds in addition to those authorized by part 1

 

for maintenance and operation services provided specifically to

 

other principal executive departments or state agencies, the

 

legislative branch, the judicial branch, or private tenants, or

 

provided in connection with facilities transferred to the

 

operational jurisdiction of the department of management and

 

budget.

 

     (2) The department of management and budget may receive and

 

expend funds in addition to those authorized by part 1 for real

 

estate, architectural, design, and engineering services provided

 

specifically to other principal executive departments or state

 

agencies, the legislative branch, or the judicial branch.

 

     (3) The department of management and budget may receive and

 

expend funds in addition to those authorized in part 1 for mail

 

pickup and delivery services provided specifically to other

 

principal executive departments and state agencies, the legislative

 

branch, or the judicial branch.

 

     (4) The department of management and budget may receive and

 

expend funds in addition to those authorized in part 1 for

 

purchasing services provided specifically to other principal

 

executive departments and state agencies, the legislative branch,

 

or the judicial branch.

 

     Sec. 705. (1) The source of financing in part 1 for statewide

 


appropriations shall be funded by assessments against longevity and

 

insurance appropriations throughout state government in a manner

 

prescribed by the department of management and budget. Funds shall

 

be used as specified in joint labor/management agreements or

 

through the coordinated compensation hearings process. Any deposits

 

made under this subsection and any unencumbered funds are

 

restricted revenues, may be carried over into the succeeding fiscal

 

years, and are appropriated.

 

     (2) In addition to the funds appropriated in part 1 for

 

statewide appropriations, the department of management and budget

 

may receive and expend funds in such additional amounts as may be

 

specified in joint labor/management agreements or through the

 

coordinated compensation hearings process in the same manner and

 

subject to the same conditions as prescribed in subsection (1).

 

     Sec. 706. To the extent a specific appropriation is required

 

for a detailed source of financing included in part 1 for the

 

department of management and budget appropriations financed from

 

special revenue and internal service and pension trust funds, or

 

MAIN user charges, the specific amounts are appropriated within the

 

special revenue internal service and pension trust funds in

 

portions not to exceed the aggregate amount appropriated in part 1.

 

     Sec. 707. In addition to the funds appropriated in part 1 to

 

the department of management and budget, the department may receive

 

and expend funds from other principal executive departments and

 

state agencies to implement donated annual leave and administrative

 

leave bank transfer provisions as may be specified in joint

 

labor/management agreements. The amounts may also be transferred to

 


other principal executive departments and state agencies under the

 

joint agreement and any amounts transferred under the joint

 

agreement are authorized for receipt and expenditure by the

 

receiving principal executive department or state agency. Any

 

amounts received by the department of management and budget under

 

this section and intended, under the joint labor/management

 

agreements, to be available for use beyond the close of the fiscal

 

year and any unencumbered funds may be carried over into the

 

succeeding fiscal year.

 

     Sec. 708. The source of financing in part 1 for the Michigan

 

administrative information network shall be funded by proportionate

 

charges assessed against the respective state funds benefiting from

 

this project in the amounts determined by the department.

 

     Sec. 709. (1) Deposits against the interdepartmental grant

 

from building occupancy and parking charges appropriated in part 1

 

shall be collected, in part, from state agencies, the legislative

 

branch, and the judicial branch based on estimated costs associated

 

with maintenance and operation of buildings managed by the

 

department of management and budget. To the extent excess revenues

 

are collected due to estimates of building occupancy charges

 

exceeding actual costs, the excess revenues may be carried forward

 

into succeeding fiscal years for the purpose of returning funds to

 

state agencies.

 

     (2) Appropriations in part 1 to the department of management

 

and budget, for management and budget services from building

 

occupancy charges and parking charges, may be increased to return

 

excess revenue collected to state agencies.

 


     Sec. 710. The department of management and budget shall notify

 

the chairpersons of the senate and house of representatives

 

standing committees on appropriations and the chairpersons of the

 

senate and house of representatives standing committees on

 

appropriations subcommittees on general government on any revisions

 

that increase or decrease current contracts by more than

 

$500,000.00 for computer software development, hardware

 

acquisition, or quality assurance at least 14 days before the

 

department of management and budget finalizes the revisions.

 

     Sec. 711. The department of management and budget shall

 

maintain an Internet website that contains notice of all

 

invitations for bids and requests for proposals over $50,000.00

 

issued by the department or by any state agency operating under

 

delegated authority. The department shall not accept an invitation

 

for bid or request for proposal in less than 14 days after the

 

notice is made available on the Internet website, except in

 

situations where it would be in the best interest of the state and

 

documented by the department. In addition to the requirements of

 

this section, the department may advertise the invitations for bids

 

and requests for proposals in any manner the department determines

 

appropriate, in order to give the greatest number of individuals

 

and businesses the opportunity to make bids or requests for

 

proposals.

 

     Sec. 712. The department of management and budget may receive

 

and expend funds from the Vietnam veterans memorial monument fund

 

as provided in the Michigan Vietnam veterans memorial act, 1988 PA

 

234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated

 


when received and may be expended upon receipt.

 

     Sec. 713. The Michigan veterans' memorial park commission may

 

receive and expend money from any source, public or private,

 

including, but not limited to, gifts, grants, donations of money,

 

and government appropriations, for the purposes described in

 

Executive Order No. 2001-10. Funds are appropriated and allocated

 

when received and may be expended upon receipt. Any deposits made

 

under this section and unencumbered funds are restricted revenues

 

and may be carried over into succeeding fiscal years.

 

     Sec. 715. (1) Funds in part 1 for motor vehicle fleet are

 

appropriated to the department of management and budget for

 

administration and for the acquisition, lease, operation,

 

maintenance, repair, replacement, and disposal of state motor

 

vehicles.

 

     (2) The appropriation in part 1 for motor vehicle fleet shall

 

be funded by revenue from rates charged to principal executive

 

departments and agencies for utilizing vehicle travel services

 

provided by the department. Revenue in excess of the amount

 

appropriated in part 1 from the motor transport fund and any

 

unencumbered funds are restricted revenues and may be carried over

 

into the succeeding fiscal year.

 

     (3) It is the intent of the legislature that the department of

 

management and budget have the authority to determine the

 

appropriateness of vehicle assignment, to include year, make,

 

model, size, and price of vehicle. The department may assign motor

 

vehicles, permanently or temporarily, to state agencies and to

 

institutions of higher education.

 


     (4) Pursuant to the department of management and budget's

 

authority under sections 213 and 215 of the management and budget

 

act, 1984 PA 431, MCL 18.1213 and 18.1215, the department shall

 

maintain a plan regarding the operation of the motor vehicle fleet.

 

The plan shall include the number of vehicles assigned to, or

 

authorized for use by, state departments and agencies, efforts to

 

reduce vehicle expenditures, the number of cars in the motor

 

vehicle fleet, the number of miles driven by fleet vehicles, and

 

the number of gallons of fuel consumed by fleet vehicles. The plan

 

shall include a calculation of the amount of state motor vehicle

 

fuel taxes that would have been incurred by fleet vehicles if fleet

 

vehicles were required by law to pay motor fuel taxes. The plan

 

shall include a description of fleet garage operations, the goods

 

sold and services provided by the fleet garage, the cost to operate

 

the fleet garage, the number of fleet garage locations, and the

 

number of employees assigned to each fleet garage. The plan may be

 

adjusted during the fiscal year based on needs and cost savings to

 

achieve the maximum value and efficiency from the state motor

 

fleet. Within 60 days after the close of the fiscal year, the

 

department shall provide a report to the senate and house of

 

representatives standing committees on appropriations and the

 

senate and house fiscal agencies detailing the current plan and

 

changes made to the plan during the fiscal year.

 

     (5) The department of management and budget may charge state

 

agencies for fuel cost increases that exceed $2.27 per gallon of

 

unleaded gasoline. The department shall notify state agencies, in

 

writing or by electronic mail, at least 30 days before implementing

 


additional charges for fuel cost increases. Revenues received from

 

these charges are appropriated upon receipt.

 

     Sec. 716. The department of management and budget shall adopt

 

policies and procedures necessary for compliance by the department,

 

other state departments and agencies, and state vendors and

 

subcontractors, with the requirement under subsection (1) of

 

section 261 of the management and budget act, 1984 PA 431, MCL

 

18.1261, to provide a purchasing preference for products

 

manufactured or services offered by Michigan-based firms.

 

     Sec. 717. In determining whether the purchase, contracting

 

for, providing of supplies, materials, services, insurance,

 

utilities, third-party financing, equipment, printing, and other

 

items needed by state departments or agencies is in the best

 

interests of this state, and in making all discretionary decisions

 

concerning the solicitation, award, amendment, cancellation, or

 

appeal of state contracts, the department of management and budget

 

shall consider all of the following:

 

     (a) Whether a proposal by a vendor to provide services to this

 

state using employees, contractors, subcontractors, or other

 

individuals who are not citizens of the United States, legal

 

resident aliens, or individuals with a valid visa would be

 

detrimental to the state of Michigan, its residents, or the state's

 

economy.

 

     (b) Whether a proposal by a vendor to provide services to this

 

state from a location outside of this state or the United States

 

would be detrimental to the state of Michigan, its residents, or

 

the state's economy.

 


     (c) Whether a proposal by a vendor to provide goods to this

 

state produced outside of this state or the United States would be

 

detrimental to the state of Michigan, its residents, or the state's

 

economy.

 

     (d) Whether the acquisition of goods or services from a vendor

 

that is an expatriated business entity located in a tax haven

 

country or an affiliate of an expatriated business entity located

 

in a tax haven country would be detrimental to the state of

 

Michigan, its residents, or the state's economy. As used in this

 

section, "expatriated business entity" means a corporation or an

 

affiliate of the corporation incorporated in a tax haven country

 

after September 11, 2001, but with the United States as the

 

principal market for the public trading of the corporation's stock,

 

as determined by the director of the department of management and

 

budget. "Tax haven country" means each of the following: Barbados,

 

Bermuda, British Virgin Islands, Cayman Islands, Commonwealth of

 

the Bahamas, Cyprus, Gibraltar, Isle of Man, the Principality of

 

Liechtenstein, the Principality of Monaco, and the Republic of the

 

Seychelles.

 

     (e) Whether the provision of services to this state at a

 

location outside of this state or the United States would be

 

detrimental to the privacy interests of Michigan residents, or risk

 

the disclosure of personal information of Michigan residents, such

 

as social security, financial, or medical data.

 

     (f) Whether a proposal by a vendor to provide services to this

 

state from a location outside of this state or the United States

 

would constitute undue risk under a risk management policy,

 


practice, or procedure adopted by the department of management and

 

budget under section 204 of the management and budget act, 1984 PA

 

431, MCL 18.1204.

 

     (g) Whether a proposal by a vendor to provide goods to this

 

state produced outside of this state or the United States would

 

constitute undue risk under a risk management policy, practice, or

 

procedure adopted by the department of management and budget under

 

section 204 of the management and budget act, 1984 PA 431, MCL

 

18.1204.

 

     Sec. 718. The department of management and budget shall

 

collect from vendors information necessary to comply with the

 

requirements of this article, as determined by the department. The

 

department of management and budget may require vendors to provide

 

any of the following:

 

     (a) Information relating to the location of work performed

 

under a state contract by the vendor and any subcontractors,

 

employees, or other persons performing a state contract.

 

     (b) Information regarding the corporate structure and location

 

of corporate employees and activities of the vendor, its

 

affiliates, or any subcontractors.

 

     (c) Notice of the relocation of the vendor, employees of the

 

vendor, subcontractors of the vendor, or other persons performing

 

services under a state contract outside of the state of Michigan.

 

     Sec. 719. The department of management and budget may require

 

that any vendor or subcontractor providing call or contact center

 

services to the state of Michigan disclose to inbound callers the

 

location from which the call or contact center services are being

 


provided.

 

     Sec. 721. In addition to the funds appropriated in part 1, the

 

department of management and budget may receive and expend money

 

from the Michigan law enforcement officers memorial monument fund

 

as provided in the Michigan law enforcement officers memorial act,

 

2004 PA 177, MCL 28.781 to 28.787.

 

     Sec. 722. In addition to the funds appropriated in part 1, the

 

department of management and budget may receive and expend money

 

from the Ronald Wilson Reagan memorial monument fund as provided in

 

the Ronald Wilson Reagan memorial monument fund commission act,

 

2004 PA 489, MCL 399.261 to 399.266.

 

     Sec. 723. The department shall make available to the public a

 

list of all parcels of real property owned by the state that are

 

available for purchase. The list shall be posted on the Internet

 

through the department's website.

 

     Sec. 724. Of the $16,793,100.00 included in part 1 for the

 

department of management and budget, retirement services,

 

$300,000.00 shall be used for a project to implement amendments to

 

the public school employees retirement act of 1979, 1980 PA 300,

 

MCL 38.1301 to 38.1408, to allow public school retirees to add a

 

new spouse as a pension beneficiary when a previous spouse dies or

 

if the retiree was not married at the time of retirement.

 

Unexpended appropriations are designated as work project

 

appropriations and shall not lapse at the end of the fiscal year

 

and shall continue to be available for expenditure until the

 

project has been completed. The following is in compliance with

 

section 451a of the management and budget act, 1984 PA 431, MCL

 


18.1451a:

 

     (a) The purpose of the project is to implement amendments to

 

the public school employees retirement act of 1979, 1980 PA 300,

 

MCL 38.1301 to 38.1408, to allow public school retirees to add a

 

new spouse as a pension beneficiary when a previous spouse dies or

 

if the retiree was not married at the time of retirement.

 

     (b) The project will be accomplished by state employees and

 

contract.

 

     (c) The total estimated cost of the project is $300,000.00.

 

     (d) The tentative completion date is September 30, 2009.

 

     Sec. 724a. The department of management and budget shall

 

assist the department of information technology in determining how

 

existing 2-1-1 capacities will be utilized by each state department

 

with community resource information and referral service,

 

including, but not limited to, toll-free help and information lines

 

and comprehensive human service databases.

 

     Sec. 724b. 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.

 

 

 

STATE BUILDING AUTHORITY

 

     Sec. 725. (1) Subject to section 242 of the management and

 

budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the

 

state building authority, the department may expend from the

 

general fund of the state during the fiscal year ending September

 

30, 2008 an amount to meet the cash flow requirements of those

 


state building authority projects solely for lease to a state

 

agency identified in both part 1 and this section, and for which

 

state building authority bonds or notes have not been issued, and

 

for the sole acquisition by the state building authority of

 

equipment and furnishings for lease to a state agency as permitted

 

by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of

 

bonds or notes is authorized by a legislative concurrent resolution

 

that is effective for the fiscal year ending September 30, 2008.

 

Any general fund advances for which state building authority bonds

 

have not been issued shall bear an interest cost to the state

 

building authority at a rate not to exceed that earned by the state

 

treasurer's common cash fund during the period in which the

 

advances are outstanding and are repaid to the general fund of the

 

state.

 

     (2) Upon sale of bonds or notes for the projects identified in

 

part 1 or for equipment as authorized by legislative concurrent

 

resolution and in this section, the state building authority shall

 

credit the general fund of the state an amount equal to that

 

expended from the general fund plus interest, if any, as defined in

 

this section.

 

     (3) For state building authority projects for which bonds or

 

notes have been issued and upon the request of the state building

 

authority, the state treasurer shall make advances without interest

 

from the general fund as necessary to meet cash flow requirements

 

for the projects, which advances shall be reimbursed by the state

 

building authority when the investments earmarked for the financing

 

of the projects mature.

 


     (4) In the event that a project identified in part 1 is

 

terminated after final design is complete, advances made on behalf

 

of the state building authority for the costs of final design shall

 

be repaid to the general fund in a manner recommended by the

 

director and approved by the JCOS.

 

     Sec. 726. (1) State building authority funding to finance

 

construction or renovation of a facility that collects revenue in

 

excess of money required for the operation of that facility shall

 

not be released to a university or community college unless the

 

institution agrees to reimburse that excess revenue to the state

 

building authority. The excess revenue shall be credited to the

 

general fund to offset rent obligations associated with the

 

retirement of bonds issued for that facility. The auditor general

 

shall annually identify and present an audit of those facilities

 

that are subject to this section. Costs associated with the

 

administration of the audit shall be charged against money

 

recovered pursuant to this section.

 

     (2) As used in this section, "revenue" includes state

 

appropriations, facility opening money, other state aid, indirect

 

cost reimbursement, and other revenue generated by the activities

 

of the facility.

 

     Sec. 727. (1) The state building authority rent appropriations

 

in part 1 may also be expended for the payment of required premiums

 

for insurance on facilities owned by the state building authority

 

or payment of costs that may be incurred as the result of any

 

deductible provisions in such insurance policies.

 

     (2) If the amount appropriated in part 1 for state building

 


authority rent is not sufficient to pay the rent obligations and

 

insurance premiums and deductibles identified in subsection (1) for

 

state building authority projects, there is appropriated from the

 

general fund of the state the amount necessary to pay such

 

obligations.

 

     Sec. 728. The department of management and budget shall

 

provide the JCOS and the senate and house fiscal agencies a report

 

relative to the status of construction projects associated with

 

state building authority bonds as of September 30 of each year, on

 

or before October 15, or not more than 30 days after a refinancing

 

or restructuring bond issue is sold. The report shall include, but

 

is not limited to, the following:

 

     (a) A list of all completed construction projects for which

 

state building authority bonds have been sold, and which bonds are

 

currently active.

 

     (b) A list of all projects under construction for which sale

 

of state building authority bonds is pending.

 

     (c) A list of all projects authorized for construction or

 

identified in an appropriations act for which approval of

 

schematic/preliminary plans or total authorized cost is pending

 

that have state building authority bonds identified as a source of

 

financing.

 

     Sec. 729. 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.

 

 

 


DEPARTMENT OF STATE

 

     Sec. 802. All funds made available by section 3171 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3171, are appropriated

 

and made available to the department of state to be expended only

 

for the uses and purposes for which the funds are received as

 

provided by sections 3171 to 3177 of the insurance code of 1956,

 

1956 PA 218, MCL 500.3171 to 500.3177.

 

     Sec. 803. From the funds appropriated in part 1, the

 

department of state shall sell copies of records including, but not

 

limited to, records of motor vehicles, off-road vehicles,

 

snowmobiles, watercraft, mobile homes, personal identification

 

cardholders, drivers, and boat operators and shall charge $7.00 per

 

record sold only as authorized in section 208b of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222,

 

MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue

 

received from the sale of records shall be credited to the

 

transportation administration collection fund created under section

 

810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.

 

     Sec. 804. From the funds appropriated in part 1, the secretary

 

of state may enter into agreements with the department of

 

corrections for the manufacture of vehicle registration plates 15

 

months before the registration year in which the registration

 

plates will be used.

 

     Sec. 805. (1) The department of state may accept gifts,

 

donations, contributions, and grants of money and other property

 


from any private or public source to underwrite, in whole or in

 

part, the cost of a departmental publication that is prepared and

 

disseminated under the Michigan vehicle code, 1949 PA 300, MCL

 

257.1 to 257.923. A private or public funding source may receive

 

written recognition in the publication and may furnish a traffic

 

safety message, subject to departmental approval, for inclusion in

 

the publication. The department may reject a gift, donation,

 

contribution, or grant. The department may furnish copies of a

 

publication underwritten, in whole or in part, by a private source

 

to the underwriter at no charge.

 

     (2) The department of state may sell and accept paid

 

advertising for placement in a departmental publication that is

 

prepared and disseminated under the Michigan vehicle code, 1949 PA

 

300, MCL 257.1 to 257.923. The department may charge and receive a

 

fee for any advertisement appearing in a departmental publication

 

and shall review and approve the content of each advertisement. The

 

department may refuse to accept advertising from any person or

 

organization. The department may furnish a reasonable number of

 

copies of a publication to an advertiser at no charge.

 

     (3) Pending expenditure, the funds received under this section

 

shall be deposited in the Michigan department of state publications

 

fund created by section 211 of the Michigan vehicle code, 1949 PA

 

300, MCL 257.211. Funds given, donated, or contributed to the

 

department from a private source are appropriated and allocated for

 

the purpose for which the revenue is furnished. Funds granted to

 

the department from a public source are allocated and may be

 

expended upon receipt. The department shall not accept a gift,

 


donation, contribution, or grant if receipt is conditioned upon a

 

commitment of state funding at a future date. Revenue received from

 

the sale of advertising is appropriated and may be expended upon

 

receipt.

 

     (4) Any unexpended revenues received under this section shall

 

be carried over into subsequent fiscal years and shall be available

 

for appropriation for the purposes described in this section.

 

     (5) On March 1 of each year, the department of state shall

 

file a report with the senate and house of representatives standing

 

committees on appropriations, the senate and house fiscal agencies,

 

and the state budget director. The report shall include all of the

 

following information:

 

     (a) The amount of gifts, contributions, donations, and grants

 

of money received by the department under this section for the

 

prior fiscal year.

 

     (b) A listing of the expenditures made from the amounts

 

received by the department as reported in subdivision (a).

 

     (c) A listing of any gift, donation, contribution, or grant of

 

property other than funding received by the department under this

 

section for the prior year.

 

     (d) The total revenue received from the sale of paid

 

advertising accepted under this section and a statement of the

 

total number of advertising transactions.

 

     (6) In addition to copies delivered without charge as the

 

secretary of state considers necessary, the department of state may

 

sell copies of manuals and other publications regarding the sale,

 

ownership, or operation or regulation of motor vehicles, with

 


amendments, at prices to be established by the secretary of state.

 

As used in this subsection, the term "manuals and other

 

publications" includes videos and proprietary electronic

 

publications. All funds received from sales of these manuals and

 

other publications shall be credited to the Michigan department of

 

state publications fund.

 

     Sec. 806. Funds collected by the department of state under

 

section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211,

 

are appropriated for all expenses necessary to provide for the

 

costs of the publication. Funds are allotted for expenditure when

 

they are received by the department of treasury and shall not lapse

 

to the general fund at the end of the fiscal year.

 

     Sec. 807. From the funds appropriated in part 1, the

 

department of state shall use available balances at the end of the

 

state fiscal year to provide payment to the department of state

 

police in the amount of $331,400.00 for the services provided by

 

the traffic accident records program as first appropriated in 1990

 

PA 196 and 1990 PA 208.

 

     Sec. 808. From the funds appropriated in part 1, the

 

department of state may restrict funds from miscellaneous revenue

 

to cover cash shortages created from normal branch office

 

operations. This amount shall not exceed $50,000.00 of the total

 

funds available in miscellaneous revenue.

 

     Sec. 809. (1) Commemorative and specialty license plate fee

 

revenue collected by the department of state and deposited into the

 

transportation administration collection fund is authorized for

 

expenditure up to the amount of revenue collected but not to exceed

 


the amount appropriated to the department of state in part 1 to

 

administer commemorative and specialty license plate programs.

 

     (2) Commemorative and specialty license plate fee revenue

 

collected by the department of state and deposited in the

 

transportation administration collection fund, in addition to the

 

amount appropriated in part 1 to the department of state, shall

 

remain in the transportation administration collection fund and be

 

available for future appropriation.

 

     Sec. 810. (1) Collector plate and fund-raising registration

 

plate revenues collected by the department of state are

 

appropriated and allotted for distribution to the recipient

 

university or public or private agency overseeing a state-sponsored

 

goal when received. Distributions shall occur on a quarterly basis

 

or as otherwise authorized by law. Any revenues remaining at the

 

end of the fiscal year shall not lapse to the general fund but

 

shall remain available for distribution to the university or agency

 

in the next fiscal year.

 

     (2) Funds or revenues in the Olympic education training center

 

fund are appropriated for distribution to the Olympic education

 

training center at Northern Michigan University. Distributions

 

shall occur on a quarterly basis. Any undistributed revenue

 

remaining at the end of the fiscal year shall be carried over into

 

the next fiscal year.

 

     Sec. 811. The department of state may produce and sell copies

 

of a training video designed to inform registered automotive repair

 

facilities of their obligations under Michigan law. The price shall

 

not exceed the cost of production and distribution. The money

 


received from the sale of training videos shall revert to the

 

department of state and be placed in the auto repair facility

 

account.

 

     Sec. 812. (1) The department of state, in collaboration with

 

the gift of life transplantation society or its successor federally

 

designated organ procurement organization, may develop and

 

administer a public information campaign concerning the Michigan

 

organ donor program.

 

     (2) The department may solicit funds from any private or

 

public source to underwrite, in whole or in part, the public

 

information campaign authorized by this section. The department may

 

accept gifts, donations, contributions, and grants of money and

 

other property from private and public sources for this purpose. A

 

private or public funding source underwriting the public

 

information campaign, in whole or in substantial part, shall

 

receive sponsorship credit for its financial backing.

 

     (3) Funds received under this section, including grants from

 

state and federal agencies, shall not lapse to the general fund at

 

the end of the fiscal year but shall remain available for

 

expenditure for the purposes described in this section.

 

     (4) Funding appropriated in part 1 for the organ donor program

 

shall be used for producing a pamphlet to be distributed with

 

driver licenses and personal identification cards regarding organ

 

donations. The funds shall be used to update and print a pamphlet

 

that will explain the organ donor program and encourage people to

 

become donors by marking a checkoff on driver license and personal

 

identification card applications.

 


     (5) The pamphlet shall include a return reply form addressed

 

to the gift of life organization. Funding appropriated in part 1

 

for the organ donor program shall be used to pay for return postage

 

costs.

 

     (6) In addition to the appropriations in part 1, the

 

department of state may receive and expend funds from the organ and

 

tissue donation education fund for administrative expenses.

 

     Sec. 815. At least 60 days prior to the announcement of

 

secretary of state branch office closings, consolidations, or

 

relocations, the department of state shall inform members of the

 

senate and house of representatives standing committees on

 

appropriations and legislators who represent affected areas

 

regarding the details of the proposal. The information provided

 

shall be in written form and include all analyses done regarding

 

criteria for changes in the location of branch offices, including,

 

but not limited to, branch transactions, revenue, and the impact on

 

citizens of the affected area. The impact on citizens shall include

 

information regarding additional distance to branch office

 

locations resulting from the plan. The written notice provided by

 

the department of state shall also include detailed estimates of

 

costs and savings that will result from the overall changes made to

 

the branch office structure.

 

     Sec. 815a. By December 15, the department of state shall

 

report to the senate and house of representatives standing

 

committees on appropriations subcommittees on general government

 

and the senate and house fiscal agencies the number of branch

 

office transactions completed online by Michigan residents in the

 


immediately preceding fiscal year.

 

     Sec. 816. (1) Any service assessment collected by the

 

department of state from the user of a credit or debit card under

 

section 3 of 1995 PA 144, MCL 11.23, is appropriated to the

 

department for necessary expenses related to that service and may

 

be remitted to a credit or debit card company, bank, or other

 

financial institution. Funds are allocated for expenditure when

 

they are received by the department of treasury.

 

     (2) The service assessment imposed by the department of state

 

for credit and debit card services may be based either on a

 

percentage of each individual credit or debit card transaction, or

 

on a flat rate per transaction, or both scaled to the amount of the

 

transaction. However, the department shall not charge any amount

 

for a service assessment which exceeds the costs billable to the

 

department for service assessments.

 

     (3) If there is a balance of service assessments received from

 

credit and debit card services remaining on September 30, the

 

balance may be carried forward to the following fiscal year and

 

appropriated for the same purpose.

 

     (4) As used in this section, "service assessment" means and

 

includes costs associated with service fees imposed by credit and

 

debit card companies and processing fees imposed by banks and other

 

financial institutions.

 

     Sec. 818. (1) Funds in part 1 for motorcycle safety education

 

grants and administration are appropriated to the department of

 

state for operation of the motorcycle safety education program

 

previously operated by the department of education under section

 


811a of the Michigan vehicle code, 1949 PA 300, MCL 257.811a.

 

     (2) Funds in part 1 for motorcycle safety education grants and

 

administration shall be derived from original and renewal

 

motorcycle license endorsements, annual motorcycle registration

 

fees, and motorcycle operator driving test fees.

 

     (3) Funds in part 1 for motorcycle safety education grants and

 

administration shall be used to provide grants to colleges,

 

universities, intermediate school districts, local school

 

districts, law enforcement agencies, or other governmental agencies

 

located in the state, to help subsidize safety training courses for

 

individuals interested in operating motorcycles.

 

     (4) Funds in part 1 for motorcycle safety education grants and

 

administration may be used by the department of state for

 

administration costs of the motorcycle safety education program, to

 

include, but not be limited to, review and approval or disapproval

 

of grant applications, monitoring eligibility of motorcycle safety

 

instructors, conducting program evaluation, certifying third-party

 

testers, and inspecting training sites.

 

     Sec. 819. (1) From the funds appropriated in part 1 to the

 

department of state for information technology services and

 

projects, there is appropriated $4,550,000.00 for the business

 

application modernization project. Funds shall only be used for the

 

development, implementation, and maintenance of the business

 

application modernization project.

 

     (2) The unexpended funds appropriated in part 1 for the

 

business application modernization project are designated as work

 

project appropriations and shall not lapse at the end of the fiscal

 


year. Any unencumbered or unallotted funds shall be carried over

 

into the succeeding fiscal year and shall continue to be available

 

for expenditure until the project has been completed. The total

 

cost is estimated at $30,000,000.00, and the tentative completion

 

date is September 30, 2010.

 

     Sec. 820. 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. 821. (1) The department of state may accept nonmonetary

 

gifts, donations, or contributions of property from any private or

 

public source to support, in whole or in part, the operation of a

 

departmental function relating to licensing, regulation, or safety.

 

The department may recognize a private or public contributor for

 

making the contribution. The department may reject a gift,

 

donation, or contribution.

 

     (2) The department of state shall not accept a gift, donation,

 

or contribution under subsection (1) if receipt of the gift,

 

donation, or contribution is conditioned upon a commitment of

 

future state funding.

 

     (3) On March 1 of each year, the department of state shall

 

file a report with the senate and house of representatives standing

 

committees on appropriations, the senate and house fiscal agencies,

 

and the state budget director. The report shall list any gift,

 

donation, or contribution received by the department under

 

subsection (1) for the prior calendar year.

 

     Sec. 824. From the funds appropriated in part 1 to the

 


 department of state, branch operations, the department shall

 

 maintain a full service secretary of state branch office in Buena

 

 Vista Township.

 

     Sec. 825. From the funds appropriated in part 1 to the

 

 department of state, branch operations, the department shall

 

 maintain a full service secretary of state branch office in Milan.

 

     Sec. 826. From the funds appropriated in part 1 to the

 

 department of state, branch operations, the department shall

 

 maintain a secretary of state branch office in each location that

 

 existed on August 1, 2007.

 

 

 

DEPARTMENT OF TREASURY

 

OPERATIONS

 

     Sec. 902. (1) Amounts needed to pay for interest, fees,

 

principal, arbitrage rebates as required by federal law, and costs

 

associated with the payment, registration, trustee services, credit

 

enhancements, and issuing costs in excess of the amount

 

appropriated to the department of treasury in part 1 for debt

 

service on notes and bonds that are issued by the state under

 

sections 14, 15, and 16 of article IX of the state constitution of

 

1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are

 

appropriated.

 

     (2) In addition to the amount appropriated to the department

 

of treasury for debt service in part 1, there is appropriated an

 

amount for fiscal year cash-flow borrowing costs to pay for

 

interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to

 

12.53.

 


     Sec. 903. (1) From the funds appropriated in part 1, the

 

department of treasury may contract with private collection

 

agencies and law firms to collect taxes and other accounts due this

 

state. In addition to the amounts appropriated in part 1 to the

 

department of treasury, there are appropriated amounts necessary to

 

fund collection costs and fees not to exceed 25% of the collections

 

or 2.5% plus operating costs, whichever amount is prescribed by the

 

contract. The appropriation to fund collection costs and fees for

 

the collection of taxes or other accounts due this state are from

 

the fund or account to which the revenues being collected are

 

recorded or dedicated. However, if the taxes collected are

 

constitutionally dedicated for a specific purpose, the

 

appropriation of collection costs and fees are from the general

 

purpose account of the general fund.

 

     (2) From the funds appropriated in part 1, the department of

 

treasury may contract with private collections agencies and law

 

firms to collect defaulted student loans and other accounts due the

 

Michigan guaranty agency. In addition to the amounts appropriated

 

in part 1 to the department of treasury, there are appropriated

 

amounts necessary to fund collection costs and fees not to exceed

 

22% of the collection or a lesser amount as prescribed by the

 

contract. The appropriation to fund collection costs and fees for

 

the auditing and collection of defaulted student loans due the

 

Michigan guaranty agency is from the fund or account to which the

 

revenues being collected are recorded or dedicated.

 

     (3) The department of treasury shall submit a report for the

 

immediately preceding fiscal year ending September 30 to the state

 


budget director and the senate and house of representatives

 

standing committees on appropriations not later than November 30

 

stating the agencies or law firms employed, the amount of

 

collections for each, the costs of collection, and other pertinent

 

information relating to determining whether this authority should

 

be continued.

 

     Sec. 904. (1) The department of treasury, through its bureau

 

of investments, may charge an investment service fee against the

 

applicable retirement funds. The fees may be expended for necessary

 

salaries, wages, contractual services, supplies, materials,

 

equipment, travel, worker's compensation insurance premiums, and

 

grants to the civil service commission and state employees'

 

retirement funds. Service fees shall not exceed the aggregate

 

amount appropriated in part 1. The department of treasury shall

 

maintain accounting records in sufficient detail to enable the

 

retirement funds to be reimbursed periodically for fee revenue that

 

is determined by the department of treasury to be surplus.

 

     (2) In addition to the funds appropriated in part 1 from the

 

retirement funds to the department of treasury, there is

 

appropriated from retirement funds an amount sufficient to pay for

 

the services of money managers, investment advisors, investment

 

consultants, custodians, and other outside professionals, the state

 

treasurer considers necessary to prudently manage the retirement

 

funds' investment portfolios. The state treasurer shall report

 

annually to the senate and house of representatives standing

 

committees on appropriations and the state budget office concerning

 

the performance of each portfolio by investment advisor.

 


     Sec. 904a. (1) There is appropriated an amount sufficient to

 

recognize and pay expenditures for financial services provided by

 

financial institutions as provided under section 1 of 1861 PA 111,

 

MCL 21.181.

 

     (2) The appropriations under subsection (1) shall be funded by

 

restricting revenues from common cash interest earnings and

 

investment earnings in an amount sufficient to record these

 

expenditures.

 

     Sec. 905. (1) The department of treasury shall sell copies of

 

the state tax manual, uniform accounting procedures manual, general

 

property tax law manual, and other local government assistance

 

manuals with amendments, at a price not to exceed the cost of

 

production. The revenue received from the sale of preparation and

 

local government assistance manuals shall revert to the department

 

of treasury and be placed in the local government assistance manual

 

revolving fund.

 

     (2) In addition to the funds appropriated in part 1, revenue

 

received from the sale of those manuals is appropriated.

 

     Sec. 906. (1) The department of treasury shall charge for

 

audits as permitted by state or federal law or under contractual

 

arrangements with local units of government, other principal

 

executive departments, or state agencies. A report detailing audits

 

performed and audit charges for the immediately preceding fiscal

 

year shall be submitted to the state budget director and the senate

 

and house fiscal agencies not later than November 30.

 

     (2) The appropriation in part 1 to the department of treasury,

 

for state compliance audits, shall be used to cover the cost of the

 


state audits performed by independent certified public accountants

 

or department of treasury auditors. The scope of the state audit

 

shall be defined by the state treasurer. The state audits shall be

 

performed by independent certified public accountants contracted

 

with by the state treasurer or by department of treasury auditors,

 

if the county has agreed to contract with and pay the department

 

for their financial single audit.

 

     (3) The state audits shall be performed for the most current

 

county fiscal year in conjunction with the financial single audit.

 

The state audit may be performed either by certified public

 

accountants contracted by the state treasurer or department of

 

treasury staff, independent of the financial single audit, if a

 

state audit has not been performed within the last 3 years.

 

     Sec. 907. A revolving fund known as the assessor certification

 

and training fund is created in the department of treasury. The

 

assessor certification and training fund shall be used to organize

 

and operate a property assessor certification and training program.

 

Each participant certified and trained shall pay to the department

 

of treasury an examination fee of $50.00, an initial certification

 

fee of $50.00, an annual renewal fee of $75.00 for levels 1 and 2,

 

and $125.00 for levels 3 and 4 to offset the cost of administering

 

the certification and training program. Training courses shall be

 

offered in assessment administration. Each participant shall pay a

 

fee to cover the expenses incurred in offering the optional

 

programs to certified assessing personnel and other individuals

 

interested in an assessment career opportunity. The fees collected

 

shall be credited to the assessor certification and training fund.

 


     Sec. 908. The amount appropriated in part 1 to the department

 

of treasury, home heating assistance program, is to cover the

 

costs, including data processing, of administering federal home

 

heating credits to eligible claimants and to administer the

 

supplemental fuel cost payment program for eligible tax credit and

 

welfare recipients.

 

     Sec. 909. Revenue from the airport parking tax act, 1987 PA

 

248, MCL 207.371 to 207.383, is appropriated and shall be

 

distributed under section 7a of the airport parking tax act, 1987

 

PA 248, MCL 207.377a.

 

     Sec. 910. The disbursement by the department of treasury from

 

the bottle deposit fund to dealers as required by section 3c(2) of

 

the Initiated Law of 1976, MCL 445.573c, is appropriated.

 

     Sec. 911. (1) There is appropriated an amount sufficient to

 

recognize and pay refundable income tax credits as provided by the

 

management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

 

     (2) The appropriations under subsection (1) shall be funded by

 

restricting income tax revenue in an amount sufficient to record

 

these expenditures.

 

     Sec. 912. A plaintiff in a garnishment action involving this

 

state shall pay to the state treasurer 1 of the following:

 

     (a) A fee of $6.00 at the time a writ of garnishment of

 

periodic payments is served upon the state treasurer, as provided

 

in section 4012 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.4012.

 

     (b) A fee of $6.00 at the time any other writ of garnishment

 

is served upon the state treasurer, except that the fee shall be

 


reduced to $5.00 for each writ of garnishment for individual income

 

tax refunds or credits filed by magnetic media.

 

     Sec. 913. (1) The department of treasury may contract with

 

private firms to appraise and, if necessary, appeal the assessments

 

of senior citizen cooperative housing units. Payment for this

 

service shall be from savings resulting from the appraisal or

 

appeal process.

 

     (2) Of the funds appropriated in part 1 to the department of

 

treasury for the senior citizens' cooperative housing tax exemption

 

program, a portion is to be utilized for a program audit of the

 

program. The department of treasury shall forward copies of the

 

audit report to the senate and house of representatives standing

 

committees on appropriations subcommittees on general government

 

and to the state budget office. The department of treasury may

 

utilize up to 1% of the funds for program administration and

 

auditing.

 

     Sec. 914. The department of treasury may provide a $200.00

 

annual prize from the Ehlers internship award account in the gifts,

 

bequests, and deposit fund to the runner-up of the Rosenthal prize

 

for interns. The Ehlers internship award account is interest

 

bearing.

 

     Sec. 915. Pursuant to section 61 of the Michigan campaign

 

finance act, 1976 PA 388, MCL 169.261, there is appropriated from

 

the general fund to the state campaign fund an amount equal to the

 

amounts designated for tax year 2006. Except as otherwise provided

 

in this section, the amount appropriated shall not revert to the

 

general fund and shall remain in the state campaign fund. Any

 


amounts remaining in the state campaign fund in excess of

 

$10,000,000.00 on December 31, 2007 shall revert to the general

 

fund.

 

     Sec. 916. The department of treasury may make available to

 

interested entities otherwise unavailable customized unclaimed

 

property listings of nonconfidential information in its possession.

 

The charge for this information is as follows: 1 to 100,000 records

 

at 2.5 cents per record and 100,001 or more records at .5 cents per

 

record. The revenue received from this service shall be deposited

 

to the appropriate revenue account or fund. The department shall

 

submit an annual report on or before June 1 to the state budget

 

director and the senate and house of representatives standing

 

committees on appropriations that states the amount of revenue

 

received from the sale of information.

 

     Sec. 917. (1) There is appropriated for write-offs and

 

advances an amount equal to total write-offs and advances for

 

departmental programs, but not to exceed current year

 

authorizations that would otherwise lapse to the general fund.

 

     (2) The department of treasury shall submit a report for the

 

immediately preceding fiscal year to the state budget director and

 

the senate and house fiscal agencies not later than November 30,

 

stating the amounts appropriated for write-offs and advances under

 

subsection (1).

 

     Sec. 918. In addition to funds appropriated in part 1, the

 

department of treasury may receive and expend funds for conducting

 

tax orientation workshops and seminars. Funds received may not

 

exceed costs incurred in conducting the workshops and seminars.

 


     Sec. 919. (1) From funds appropriated in part 1, the

 

department of treasury may contract with private auditing firms to

 

audit for and collect unclaimed property due this state in

 

accordance with the Michigan uniform unclaimed property act. In

 

addition to the amounts appropriated in part 1 to the department of

 

treasury, there are appropriated amounts necessary to fund auditing

 

and collection costs and fees not to exceed 12% of the collections,

 

or a lesser amount as prescribed by the contract. The appropriation

 

to fund collection costs and fees for the auditing and collection

 

of unclaimed property due this state is from the fund or account to

 

which the revenues being collected are recorded or dedicated.

 

     (2) From funds collected by the department of treasury under

 

the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to

 

567.265, and appropriated for unclaimed property, $51,000.00 shall

 

be paid as annual dues to the national conference of commissioners

 

on uniform state laws.

 

     (3) The department of treasury shall submit a report for the

 

immediately preceding fiscal year ending September 30 to the state

 

budget director and the senate and house of representatives

 

standing committees on appropriations not later than November 30

 

stating the auditing firms employed, the amount of collections for

 

each, the costs of collection, and other pertinent information

 

relating to determining whether this authority should be continued.

 

     Sec. 920. Payments from the appropriation in part 1 to the

 

department of treasury for grants to counties in lieu of taxes for

 

lands transferred to the federal government include a payment for

 

Sleeping Bear Dunes national lakeshore under 1974 PA 359, MCL 3.901

 


to 3.910.

 

     Sec. 921. The state general fund/general purpose appropriation

 

in part 1 for renaissance zone reimbursement is allocated to

 

reimburse public libraries as provided by section 12 of the

 

Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for

 

property taxes levied in 2007. Reimbursements shall be made in

 

amounts to each eligible recipient not later than 60 days after the

 

department of treasury has received all necessary information to

 

properly determine the amounts due each eligible recipient under

 

section 12(4) of the Michigan renaissance zone act, 1996 PA 376,

 

MCL 125.2692. Any excess allocations shall lapse to the general

 

fund.

 

     Sec. 922. The department of treasury shall submit a report for

 

the immediately preceding fiscal year ending September 30 to the

 

senate and house of representatives standing committees on

 

appropriations subcommittees on general government, the senate and

 

house fiscal agencies, and the state budget director by November 30

 

stating the amount of Michigan transportation fund revenue

 

collected and the cost of collection.

 

     Sec. 924. (1) In addition to the funds appropriated in part 1,

 

the department of treasury may receive and expend principal

 

residence audit fund revenue for administration of principal

 

residence audits under the general property tax act, 1893 PA 206,

 

MCL 211.1 to 211.155.

 

     (2) The department of treasury shall submit a report for the

 

immediately preceding fiscal year to the state budget director and

 

the senate and house fiscal agencies not later than December 31,

 


stating the amount of revenue appropriated for principal residence

 

audits under subsection (1).

 

     Sec. 928. The department of treasury may provide receipt,

 

warrant and cash processing, data, collection, investment, fiscal

 

agent, levy and warrant cost assessment, writ of garnishment, and

 

other user services on a contractual basis for other principal

 

executive departments and state agencies. Funds for the services

 

provided are appropriated and shall be expended for salaries and

 

wages, fees, supplies, and equipment necessary to provide the

 

services. Any unobligated balance of the funds received shall

 

revert to the general fund of this state as of September 30.

 

     Sec. 929. The department of treasury may enter into agreements

 

to supply data or collection services to other executive principal

 

departments or state agencies, the United States department of

 

treasury, or local units of government within this state. The

 

department of treasury shall charge for this tax data service and

 

amounts received are appropriated and shall be expended for

 

salaries and wages, fees, supplies, and equipment necessary to

 

provide the service. Any unobligated balance of the fund shall

 

revert to the general fund of this state as of September 30.

 

     Sec. 930. (1) The department of treasury shall provide

 

accounts receivable collections services to other principal

 

executive departments and state agencies under 1927 PA 375, MCL

 

14.131 to 14.134. The department of treasury shall deduct a fee

 

equal to the cost of collections from all receipts except

 

unrestricted general fund collections. Fees shall be credited to a

 

restricted revenue account and appropriated to the department of

 


treasury to pay for the cost of collections. The department of

 

treasury shall maintain accounting records in sufficient detail to

 

enable the respective accounts to be reimbursed periodically for

 

fees deducted that are determined by the department of treasury to

 

be surplus to the actual cost of collections.

 

     (2) The department of treasury shall submit a report for the

 

immediately preceding fiscal year to the state budget director and

 

the senate and house fiscal agencies not later than November 30,

 

stating the principal executive departments and state agencies

 

served, funds collected, and costs of collection under subsection

 

(1).

 

     Sec. 930a. The department shall select a private collection

 

agency to perform secondary collection activities in an effort to

 

benchmark primary agency performance for all individual tax,

 

discontinued business tax, and state agency accounts, and all

 

active business tax accounts older than 36 months. Consistent with

 

sound collection practices and to maximize the effectiveness of

 

those collection activities, the department shall not select a

 

collection agency, or related entity, that has already attempted to

 

collect the debt in question. Any request for proposal required to

 

implement this section shall be issued by October 1, 2007. The

 

department shall report its progress on second placement collection

 

activities on a quarterly basis during the fiscal year.

 

     Sec. 931. (1) The appropriation in part 1 to the department of

 

treasury for treasury fees shall be assessed against all restricted

 

funds that receive common cash earnings. Treasury fees include all

 

costs, including administrative overhead, relating to the

 


investment of each restricted fund. The fee assessed against each

 

restricted fund will be based on the size of the restricted fund

 

(the absolute value of the average daily cash balance plus the

 

market value of investments in the prior fiscal year) and the level

 

of effort necessary to maintain the restricted fund as required by

 

each department. The department of treasury shall provide a report

 

to the state budget director, the senate and house of

 

representatives standing committees on appropriations subcommittees

 

on general government, and the senate and house fiscal agencies by

 

November 30 of each year identifying the fees assessed against each

 

restricted fund.

 

     (2) In addition to the funds appropriated in part 1, the

 

department of treasury may receive and expend investment fees

 

relating to new restricted funding sources that participate in

 

common cash earnings during the current fiscal year. When a new

 

restricted fund is created starting on or after October 1, that

 

restricted fund shall be assessed a fee using the same criteria

 

identified in subsection (1).

 

     Sec. 932. Revenue received under the Michigan education trust

 

act, 1986 PA 316, MCL 390.1421 to 390.1442, may be expended by the

 

board of directors of the Michigan education trust for necessary

 

salaries, wages, supplies, contractual services, equipment,

 

worker's compensation insurance premiums, and grants to the civil

 

service commission and state employees' retirement fund.

 

     Sec. 933. (1) The $1,000,000.00 appropriated in part 1 for the

 

Michigan education savings program is from the Michigan merit award

 

trust fund to fund an incentive program for the Michigan education

 


savings program created under the Michigan education savings

 

program act, 2000 PA 161, MCL 390.1471 to 390.1486.

 

     (2) The funds appropriated for the Michigan education savings

 

program shall be used to provide a state match to dollars invested

 

on behalf of each child named as a designated beneficiary in the

 

Michigan education savings program who is 6 years of age or less,

 

who is a Michigan resident, and whose family's income is $80,000.00

 

or less.

 

     (3) During the current fiscal year, the state shall provide

 

$1.00 of matching funds for each $3.00 of individual contributions

 

to the educational savings accounts. The maximum state match for

 

each designated beneficiary shall be $200.00.

 

     (4) The state match shall be available only in the first year

 

the child is enrolled in the Michigan education savings program.

 

     Sec. 934. The department of treasury may expend revenues

 

received under the hospital finance authority act, 1969 PA 38, MCL

 

331.31 to 331.84, for necessary salaries, wages, supplies,

 

contractual services, equipment, worker's compensation insurance

 

premiums, and grants to the civil service commission and state

 

employees' retirement fund. The department of treasury shall

 

maintain accounting records in sufficient detail to enable the

 

hospital clients to be reimbursed periodically for fees that are

 

determined by the department of treasury to be surplus to needs.

 

     Sec. 935. The department of treasury may expend revenue

 

received under the shared credit rating act, 1985 PA 227, MCL

 

141.1051 to 141.1076, for necessary salaries, wages, supplies,

 

contractual services, equipment, worker's compensation insurance

 


premiums, and grants to the civil service commission and state

 

employees' retirement fund.

 

     Sec. 936. The department of treasury shall establish a

 

separate account for the funds related to the Michigan higher

 

education facilities authority. The department of treasury may

 

expend revenue received under the higher education facilities

 

authority act, 1969 PA 295, MCL 390.921 to 390.934, for necessary

 

salaries, wages, supplies, contractual services, equipment,

 

worker's compensation insurance premiums, and grants to the civil

 

service commission and state employees' retirement fund. The

 

department of treasury shall maintain accounting records in

 

sufficient detail to enable the educational institution clients to

 

be reimbursed periodically for fees that are determined by the

 

department to be surplus to needs.

 

     Sec. 937. The department of treasury may expend revenues

 

received under the Michigan public educational facilities

 

authority, Executive Order No. 2002-3, for necessary salaries,

 

wages, supplies, contractual services, equipment, worker's

 

compensation insurance premiums, and grants to the civil service

 

commission and state employees' retirement fund.

 

     Sec. 939. It is the intent of the legislature that the state

 

treasurer, acting within his or her capacity as the investment

 

fiduciary for public employee pension funds and consistent with

 

1965 PA 314, MCL 38.1132 to 38.1140m, give appropriate

 

consideration to investments in early stage, university derived

 

life science companies located in Michigan, or investments in

 

venture capital funds that invest in those companies to the extent

 


those investments offer the safety and rate of return comparable to

 

other investments permitted and available at the time the

 

investment decision is made.

 

     Sec. 941. In addition to the funds appropriated in part 1,

 

there is appropriated up to $570,000.00 from standardized audit

 

schedules recovered delinquent tax collection revenues for the

 

support of standardized audit schedule project expenses. The

 

funding shall be used to exclusively support business tax audits

 

related to sales tax, use tax, withholding, single business tax,

 

and motor fuel tax obligations. Any unexpended funds at the end of

 

the fiscal year shall lapse to the general fund.

 

     Sec. 943. The department of treasury shall not include

 

complete social security numbers in form 1099-G mailings to

 

taxpayers.

 

     Sec. 945. The assessment and certification division of the

 

department of treasury may conduct a review of local unit

 

assessment administration practices, procedures, and records, also

 

known as the 14-point review, in at least 1 assessment jurisdiction

 

per county.

 

     Sec. 946. Members of the state tax commission and management

 

level staff of the assessment and certification division may meet

 

with statewide assessment organizations on a quarterly basis for

 

the purpose of coordinating assessment and training activities.

 

Recertification and training activities may be conducted at

 

regional locations chosen to maximize participation of local

 

officials.

 

     Sec. 947. (1) Of the $5,267,400.00 included in part 1 for the

 


revenue enhancement program, $4,767,400.00 shall be used for

 

revenue collection enhancement activities including auditing

 

functions.

 

     (2) The department of treasury shall submit quarterly progress

 

reports to the senate and house of representatives standing

 

committees on appropriations subcommittees on general government

 

and the senate and house fiscal agencies, regarding personal

 

property tax audits funded under subsection (1). The report shall

 

include the number of audits, revenue generated, and number of

 

complaints received by the department related to the audits.

 

     (3) The $500,000.00 balance of the $5,267,400.00 shall be used

 

for the principal residence exemption compliance program. Along

 

with other program costs, expenditures shall include the

 

development and maintenance of a statewide web-based database

 

created for the purpose of enforcing the principal residence

 

exemption compliance program. The department shall submit quarterly

 

progress reports that include the number of exemptions denied and

 

the revenue received under this program. The legislative auditor

 

general shall complete a performance audit of the principal

 

residence exemption compliance program prior to April 1, 2008.

 

Revenue generated to the state from the principal residence

 

exemption compliance program shall be used to reimburse the state

 

general fund for the $500,000.00 appropriation prior to any other

 

allocation. Additional funds from the revenue enhancement program

 

and carryforward appropriations may be used to support costs in

 

excess of $500,000.00.

 

     (4) Unexpended appropriations of the revenue enhancement

 


program are designated as work project appropriations and shall not

 

lapse at the end of the fiscal year and shall continue to be

 

available for expenditure until the project has been completed. The

 

following is in compliance with section 451a of the management and

 

budget act, 1984 PA 431, MCL 18.1451a:

 

     (a) The purpose of the project is to enhance revenue

 

collection activities.

 

     (b) The project will be accomplished by contract.

 

     (c) The total estimated cost of the project is $24,600,000.00.

 

     (d) The tentative completion date is September 30, 2009.

 

     Sec. 948. By December 15, the department of treasury shall

 

report to the senate and house of representatives standing

 

committees on appropriations subcommittees on general government

 

and the senate and house fiscal agencies the number of tax returns,

 

to include state income tax returns and single business tax

 

returns, filed online by Michigan residents in the immediately

 

preceding fiscal year.

 

     Sec. 949. 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. 949b. The department of treasury, together with the

 

department of management and budget, shall conduct a competitive

 

bid for new tobacco stamp technology. Any Michigan tobacco

 

wholesaler required to purchase or lease new stamping technology or

 

equipment during fiscal year 2008 in order to comply with current

 

state law and the results of the bidding process shall be entitled

 


to request a deduction from the department of treasury for actual

 

documented costs associated with that purchase or lease.

 

Wholesalers affected by the outcome of the bidding process shall

 

set forth the amount of the deduction claimed for those costs in

 

the monthly reimbursement statement submitted to the department of

 

treasury under the tobacco products tax act, 1993 PA 327, MCL

 

205.421 to 205.436, and shall make available for inspection upon

 

request any documents necessary to substantiate the claimed

 

deduction.

 

REVENUE SHARING

 

     Sec. 950. (1) Revenue collected in accordance with section 10

 

of article IX of the state constitution of 1963 in excess of the

 

amount appropriated in part 1 for constitutional revenue sharing is

 

appropriated for distribution to townships, cities, and villages on

 

a population basis as specified by law. The appropriation in part 1

 

for statutory state general revenue sharing grants to townships,

 

cities, and villages shall be reduced by an amount equal to any

 

additional constitutional revenue sharing appropriations authorized

 

in this section.

 

     (2) The appropriation in part 1 for statutory state general

 

revenue sharing grants shall be distributed according to the Glenn

 

Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901

 

to 141.921. Undistributed funds shall lapse to the general fund.

 

     Sec. 952. The appropriation in part 1 for special grants to

 

cities shall be used to restore revenue sharing reductions

 

contained in Executive Order No. 2003-23 to a city that had an

 

emergency financial manager appointed pursuant to the local

 


government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to

 

141.1291, continuously from December 10, 2003 through September 30,

 

2007.

 

     Sec. 955. (1) There is appropriated to each county an amount

 

equal to the amount distributed to each county for the fiscal year

 

ending September 30, 2004, pursuant to the Glenn Steil state

 

revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921,

 

adjusted by the inflation rate as defined in section 34d of the

 

general property tax act, 1893 PA 206, MCL 211.34d, and reduced by

 

the amount each county is authorized to annually expend in that

 

county's fiscal year beginning after September 30, 2004, from its

 

revenue sharing reserve fund pursuant to section 44a of the general

 

property tax act, 1893 PA 206, MCL 211.44a.

 

     (2) The department of treasury shall annually certify to the

 

state budget director the amount each county is authorized to

 

expend from its revenue sharing reserve fund.

 

     Sec. 956. The department of treasury shall transmit special

 

census revenue sharing payments to eligible cities, villages, and

 

townships under the Glenn Steil revenue sharing act of 1971, 1971

 

PA 140, MCL 141.901 to 141.921.

 

     Sec. 957. In addition to the funds appropriated in part 1 for

 

county revenue sharing payments, for those counties that have

 

depleted their reserve funds, there is appropriated an amount not

 

to exceed the amount a county would have received if the revenue in

 

the convention facility fund at the end of the 2006-2007 state

 

fiscal year were distributed to counties under the state convention

 

facility development act, 1985 PA 106, MCL 207.630. The department

 


of treasury shall calculate and certify to each county the

 

additional amount each county may receive under this section.

 

LOTTERY

 

     Sec. 960. In addition to the funds appropriated in part 1 to

 

the bureau of state lottery, there is appropriated from lottery

 

revenues the amount necessary for, and directly related to,

 

implementing and operating lottery games. Appropriations under this

 

section shall only be expended for contractually mandated payments

 

for vendor commissions, contractually mandated payments for instant

 

tickets intended for resale, the contractual costs of providing and

 

maintaining the on-line system communications network, and

 

incentive and bonus payments to lottery retailers.

 

     Sec. 961. The funds appropriated in part 1 to the bureau of

 

state lottery shall not be used for any promotional efforts

 

directed towards individuals who are less than 18 years of age.

 

     Sec. 963. The bureau of state lottery shall inform all lottery

 

retailers that the cash side of department of human services bridge

 

cards cannot be used to purchase lottery tickets.

 

     Sec. 964. 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.

 

CASINO GAMING

 

     Sec. 971. From the revenue collected by the Michigan gaming

 

control board regarding the total annual assessment of each casino

 

licensee, $2,000,000.00 is appropriated and shall be deposited in

 

the compulsive gaming prevention fund as described in section

 


12a(5) of the Michigan gaming control and revenue act, the

 

Initiated Law of 1996, MCL 432.212a.

 

     Sec. 972. In addition to the funds appropriated in part 1,

 

funds distributed by the Michigan gaming control board to the

 

department of treasury for oversight of casino gaming are

 

appropriated upon receipt. These funds may be used to pay for costs

 

incurred for casino gaming oversight activities.

 

     Sec. 973. (1) Funds appropriated in part 1 for local

 

government programs may be used to provide assistance to a local

 

revenue sharing board referenced in an agreement authorized by the

 

Indian gaming regulatory act, Public Law 100-497.

 

     (2) A local revenue sharing board described in subsection (1)

 

shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275, and the freedom of information act, 1976 PA 442, MCL 15.231

 

to 15.246.

 

     (3) A county treasurer is authorized to receive and administer

 

funds received for and on behalf of a local revenue sharing board.

 

Funds appropriated in part 1 for local government programs may be

 

used to audit local revenue sharing board funds held by a county

 

treasurer. This section does not limit the ability of local units

 

of government to enter into agreements with federally recognized

 

Indian tribes to provide financial assistance to local units of

 

government or to jointly provide public services.

 

     (4) The director of the department of state police and the

 

executive director of the Michigan gaming control board are

 

authorized to assist the local revenue sharing boards in

 

determining allocations to be made to local public safety

 


organizations.

 

     (5) The department of treasury shall submit a report by

 

September 30 to the senate and house of representatives standing

 

committees on appropriations and the state budget director on the

 

receipts and distribution of revenues by local revenue sharing

 

boards.

 

     Sec. 974. If revenues collected in the state services fee fund

 

are less than the amounts appropriated from the fund, available

 

revenues shall be used to fully fund the appropriation in part 1

 

for casino gaming regulation activities before distributions are

 

made to other state departments and agencies. If the remaining

 

revenue in the fund is insufficient to fully fund appropriations to

 

other state departments or agencies, the shortfall shall be

 

distributed proportionally among those departments and agencies.

 

     Sec. 975. 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.

 

 

 

REVENUE STATEMENT

 

     Sec. 1101. Pursuant to section 18 of article V of the state

 

constitution of 1963, fund balances and estimates are presented in

 

the following statement:

 

BUDGET RECOMMENDATIONS BY OPERATING FUNDS

 

(Amounts in millions)

 

Fiscal Year 2007-2008

 

 

 


                                       Beginning

 

                                 Fund Unreserved

 

                                      Fund       Estimated   Ending

 

                                      Balance      Revenue  Balance

 

OPERATING FUNDS

 

General fund/general purpose     0110    2.1       9,657.1     46.2

 

General fund/special purpose            516.6      15,600.2  1,197.0

 

   Special Revenue Funds:

 

Countercyclical budget and

 

   economic stabilization        0111    2.1           0.0      2.2

 

Game and fish protection         0112   22.5          63.2      0.0

 

Michigan employment security act

 

   administration                0113    0.0          14.0      8.6

 

State aeronautics                0114    1.7         181.4      0.3

 

Michigan veterans' benefit

 

   trust                         0115    0.0           5.0      0.0

 

State trunkline                  0116    0.0       2,074.5      0.0

 

Michigan state waterways         0117    0.8          26.1      1.3

 

Blue Water Bridge                0118    0.0          15.7      0.0

 

Michigan transportation          0119    0.0       2,002.6      0.0

 

Comprehensive transportation     0120    0.0         320.9      0.0

 

School aid                       0122    0.0      13,431.9      0.0

 

Marine safety                    0123    0.1           5.3      0.0

 

Game and fish protection trust   0124    6.6          12.0      6.0

 

State park improvement           0125    1.3          40.8      0.0

 

Forest development               0126    0.0          27.3      0.0

 

Michigan civilian conservation

 


   corps endowment               0128    0.1           0.7      0.0

 

Michigan natural resources

 

   trust                         0129   33.6          53.2     37.4

 

Michigan state parks endowment   0130    8.8          16.6      6.7

 

Safety education and training    0131    2.1           7.0      1.1

 

Bottle deposit                   0136    0.0          15.1      0.0

 

State construction code          0138    2.9          12.7      0.0

 

Children's trust                 0139    1.8           3.8      2.2

 

State casino gaming              0140   12.5          32.8      0.0

 

Homeowner construction lien

 

   recovery                      0141    2.9           0.6      1.8

 

Michigan nongame fish and

 

   wildlife                      0143    0.2           0.6      0.0

 

Michigan merit award trust       0154    0.0         289.1      0.1

 

TOTALS                                 $618.7     $43,910.2 $1,311.0

 

 

 

 

 

ARTICLE 8

 

HIGHER EDUCATION

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for state

 

institutions of higher education and certain state purposes related

 

to education for the fiscal year ending September 30, 2008, from

 

the funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 


HIGHER EDUCATION

 

APPROPRIATION SUMMARY:

 

   Full-time equated classified positions............ 1.0

 

GROSS APPROPRIATION.................................... $  1,880,545,300

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $  1,880,545,300

 

   Federal revenues:

 

Total federal revenues.................................         7,400,000

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................       125,800,000

 

State general fund/general purpose..................... $  1,747,345,300

 

   Sec. 102. CENTRAL MICHIGAN UNIVERSITY

 

Operations............................................. $      80,994,600

 

GROSS APPROPRIATION.................................... $     80,994,600

 

    Appropriated from:

 

State general fund/general purpose..................... $     80,994,600

 

   Sec. 103. EASTERN MICHIGAN UNIVERSITY

 

Operations............................................. $      76,955,400

 

GROSS APPROPRIATION.................................... $     76,955,400

 

    Appropriated from:

 

State general fund/general purpose..................... $     76,955,400

 

   Sec. 104. FERRIS STATE UNIVERSITY

 

Operations............................................. $      49,201,300

 


GROSS APPROPRIATION.................................... $     49,201,300

 

    Appropriated from:

 

State general fund/general purpose..................... $     49,201,300

 

   Sec. 105. GRAND VALLEY STATE UNIVERSITY

 

Operations............................................. $      62,603,400

 

GROSS APPROPRIATION.................................... $     62,603,400

 

    Appropriated from:

 

State general fund/general purpose..................... $     62,603,400

 

   Sec. 106. LAKE SUPERIOR STATE UNIVERSITY

 

Operations............................................. $      12,675,900

 

GROSS APPROPRIATION.................................... $     12,675,900

 

    Appropriated from:

 

State general fund/general purpose..................... $     12,675,900

 

   Sec. 107. MICHIGAN STATE UNIVERSITY

 

Operations............................................. $    287,127,000

 

Agricultural experiment station........................        33,827,100

 

Cooperative extension service..........................        29,176,400

 

GROSS APPROPRIATION.................................... $    350,130,500

 

    Appropriated from:

 

State general fund/general purpose..................... $    350,130,500

 

   Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY

 

Operations............................................. $      48,501,100

 

GROSS APPROPRIATION.................................... $     48,501,100

 

    Appropriated from:

 

State general fund/general purpose..................... $     48,501,100

 

   Sec. 109. NORTHERN MICHIGAN UNIVERSITY

 

Operations............................................. $      45,593,100

 


GROSS APPROPRIATION.................................... $     45,593,100

 

    Appropriated from:

 

State general fund/general purpose..................... $     45,593,100

 

   Sec. 110. OAKLAND UNIVERSITY

 

Operations............................................. $      51,378,000

 

GROSS APPROPRIATION.................................... $     51,378,000

 

    Appropriated from:

 

State general fund/general purpose..................... $     51,378,000

 

   Sec. 111. SAGINAW VALLEY STATE UNIVERSITY

 

Operations............................................. $      28,052,100

 

GROSS APPROPRIATION.................................... $     28,052,100

 

    Appropriated from:

 

State general fund/general purpose..................... $     28,052,100

 

   Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR

 

Operations............................................. $     320,156,000

 

GROSS APPROPRIATION.................................... $    320,156,000

 

    Appropriated from:

 

State general fund/general purpose..................... $    320,156,000

 

   Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN

 

Operations............................................. $      25,027,400

 

GROSS APPROPRIATION.................................... $     25,027,400

 

    Appropriated from:

 

State general fund/general purpose..................... $     25,027,400

 

   Sec. 114. UNIVERSITY OF MICHIGAN-FLINT

 

Operations............................................. $      21,151,100

 

GROSS APPROPRIATION.................................... $     21,151,100

 

    Appropriated from:

 


State general fund/general purpose..................... $     21,151,100

 

   Sec. 115. WAYNE STATE UNIVERSITY

 

Operations............................................. $     216,822,300

 

GROSS APPROPRIATION.................................... $    216,822,300

 

    Appropriated from:

 

State general fund/general purpose..................... $    216,822,300

 

   Sec. 116. WESTERN MICHIGAN UNIVERSITY  

 

Operations............................................. $     110,973,200

 

GROSS APPROPRIATION.................................... $    110,973,200

 

    Appropriated from:

 

State general fund/general purpose..................... $    110,973,200

 

   Sec. 117. SUPPLEMENTAL PAYMENT

 

One-time supplemental payment.......................... $     138,736,000

 

GROSS APPROPRIATION.................................... $    138,736,000

 

    Appropriated from:

 

State general fund/general purpose..................... $    138,736,000

 

   Sec. 118. STATE AND REGIONAL PROGRAMS

 

    Full-time equated positions...................... 1.0

 

Higher education database modernization and

 

   conversion--1.0 FTE position......................... $        199,900

 

Midwestern higher education compact....................            90,000

 

Technology commercialization incentive fund............               100

 

GROSS APPROPRIATION.................................... $        290,000

 

    Appropriated from:

 

State general fund/general purpose..................... $        290,000

 

   Sec. 119. MARTIN LUTHER KING, JR.-CESAR CHAVEZ-ROSA

 

PARKS PROGRAM

 


Select student supportive services..................... $      1,956,100

 

Michigan college/university partnership program........           586,800

 

Morris Hood, Jr. educator development program..........           148,600

 

GROSS APPROPRIATION.................................... $      2,691,500

 

    Appropriated from:

 

State general fund/general purpose..................... $      2,691,500

 

   Sec. 120. GRANTS AND FINANCIAL AID

 

State competitive scholarships......................... $     35,530,500

 

Tuition grants.........................................        56,668,100

 

Michigan work-study program............................         7,326,300

 

Part-time independent student program..................         2,653,300

 

Michigan education opportunity grants..................         2,084,200

 

Robert C. Byrd honors scholarship program..............         1,500,000

 

Nursing scholarship and grant programs.................         4,250,000

 

Michigan merit award program...........................        60,000,000

 

Michigan promise grant program.........................        43,500,000

 

Tuition incentive program..............................        21,100,000

 

Children of veterans tuition grant program.............         1,000,000

 

Project gear-up........................................         3,000,000

 

GROSS APPROPRIATION.................................... $    238,612,400

 

    Appropriated from:

 

   Federal revenues:

 

Higher education act of 1965, title IV, 20 USC.........         2,900,000

 

Higher education act of 1965, title IV, part A.........         1,500,000

 

United States department of education, office of

 

   elementary and secondary education, gear-up..........         3,000,000

 

   Special revenue funds:

 


Michigan merit award trust fund........................       123,600,000

 

Michigan higher education assistance authority

 

   operating fund.......................................         1,200,000

 

Contributions to children of veterans tuition grant

 

   program..............................................         1,000,000

 

State general fund/general purpose..................... $    105,412,400

 

 

 

 

 

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 $1,873,145,300.00 and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $3,759,100.00. The itemized

 

statement below identifies the estimated appropriations from which

 

spending to local units of government will occur:

 

Part-time independent student program.................. $      1,255,700

 

Michigan education opportunity grants..................           932,900

 

Michigan work-study....................................         1,570,500

 

TOTAL.................................................. $      3,759,100

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 208. Unless otherwise specified, the institutions of

 

higher education receiving appropriations in part 1 shall use the

 


Internet to fulfill the reporting requirements of this article.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement,

 

or it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods and

 

services, or both, are available. Preference should be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses if they are competitively priced and of comparable

 

value. 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. 212. (1) The funds appropriated in part 1 to state

 

institutions of higher education, except for the 1-time

 

supplemental payment described in subsection (2), shall be paid out

 

of the state treasury and distributed by the state treasurer to the

 

respective institutions in 11 equal monthly installments on the

 

sixteenth of each month, or the next succeeding business day,

 

beginning with October 16, 2007. Except for Wayne State University,

 

each institution shall accrue its July and August 2008 payments to

 

its institutional fiscal year ending June 30, 2008.

 

     (2) The funds appropriated in part 1 to state institutions of

 

higher education for the 1-time supplemental payment shall be paid

 

out of the state treasury and distributed by the state treasurer to

 


the respective institutions on October 16, 2007. The payment made

 

to each institution shall be equal to the sum of the delayed

 

payment reduction contained in Executive Order 2007-3 and the

 

payment delay reduction contained in section 112 of 2007 PA 17.

 

Except for Wayne State University, each state institution of higher

 

education shall accrue this payment to its institutional fiscal

 

year ending June 30, 2007. Wayne State University shall accrue this

 

payment to its institutional fiscal year ending September 30, 2007.

 

     (3) All universities shall submit higher education

 

institutional data inventory (HEIDI) data and associated financial

 

and program information requested by and in a manner prescribed by

 

the state budget director. For universities with fiscal years

 

ending June 30, 2007, these data shall be submitted to the state

 

budget director by October 15, 2007. Universities with a fiscal

 

year ending September 30, 2007 shall submit preliminary HEIDI data

 

by November 15, 2007 and final data by December 15, 2007. If a

 

university fails to submit HEIDI data and associated financial aid

 

program information in accordance with this reporting schedule, the

 

state treasurer shall withhold the monthly installments under

 

subsection (1) to the university until those data are submitted.

 

     (4) A detailed description of procedures utilized to arrive at

 

the amounts appropriated in part 1 shall be submitted to each

 

institution by the senate and house fiscal agencies.

 

     Sec. 213. Funds received by the state from the federal

 

government or private sources for the use of a college or

 

university are appropriated for the purposes for which they are

 

provided. The acceptance and use of federal or private funds do not

 


place an obligation upon the legislature to continue the purposes

 

for which the funds are made available.

 

     Sec. 214. If section 274 of the income tax act of 1967, 1967

 

PA 281, MCL 206.274, is not repealed and if a state institution of

 

higher education that receives funds under this article notifies

 

the department of treasury regarding its tuition and fee rates in

 

order to qualify as an eligible institution for the Michigan

 

tuition tax credit under section 274 of the income tax act of 1967,

 

1967 PA 281, MCL 206.274, the institution shall also submit the

 

notification and applicable documentation of tuition and fee

 

changes to the house and senate fiscal agencies.

 

     Sec. 215. A state institution of higher education that

 

receives funds under this article shall furnish all program and

 

financial information that is required by and in a manner

 

prescribed by the state budget director or the house or senate

 

appropriations committee.

 

 

 

GRANTS AND FINANCIAL AID

 

     Sec. 301. (1) Payments of the amounts included in part 1 for

 

the state competitive scholarship program shall be distributed

 

pursuant to 1964 PA 208, MCL 390.971 to 390.981.

 

     (2) The Michigan higher education assistance authority shall

 

implement a proportional competitive scholarship maximum award

 

level for recipients enrolled less than full-time in a given

 

semester or term.

 

     (3) If a student who receives an award under this section has

 

his or her tuition and fees paid under the Michigan educational

 


trust program, pursuant to the Michigan education trust act, 1986

 

PA 316, MCL 390.1421 to 390.1442, and still has financial need, the

 

funds awarded under this section may be used for educational

 

expenses other than tuition and fees.

 

     (4) If the Michigan higher education assistance authority

 

increases the maximum award per eligible student from that provided

 

in the previous fiscal year, it shall not have the effect of

 

reducing the number of eligible students receiving awards in

 

relation to the total number of eligible applicants. Any increase

 

in the maximum grant shall be proportional for all eligible

 

students receiving awards.

 

     (5) Students who receive aid under 1964 PA 208, MCL 390.971 to

 

390.981, shall be awarded scholarships on the basis of merit and

 

financial need. Veterans administration benefits shall not be

 

considered in determining eligibility under 1964 PA 208, MCL

 

390.971 to 390.981.

 

     Sec. 302. (1) The amounts appropriated in part 1 for the state

 

tuition grant program shall be distributed pursuant to 1966 PA 313,

 

MCL 390.991 to 390.997a.

 

     (2) Tuition grant awards shall be made to all eligible

 

Michigan residents who apply before July 1, 2007 and who are

 

qualified. Tuition grant awards shall not be made to students newly

 

enrolled in a juris doctor law degree program after the 1995-1996

 

academic year.

 

     (3) The Michigan higher education assistance authority shall

 

determine an actual maximum tuition grant award per student, which

 

shall be no less than $2,000.00, that will fully utilize but not

 


exceed the appropriation contained in part 1 for the state tuition

 

grant program. The authority shall expend substantially all of the

 

2007-2008 appropriation for the tuition grant program for tuition

 

grant awards during the 2007-2008 academic year. If the authority

 

determines that insufficient funds are available to establish a

 

maximum award amount of $2,000.00, the authority shall immediately

 

report to the house and senate appropriations subcommittees on

 

higher education, the house and senate fiscal agencies, and the

 

state budget director, regarding the estimated amount of additional

 

funds necessary to establish a $2,000.00 maximum award amount. By

 

December 15, 2007, and again by February 1, 2008, the authority

 

shall analyze the status of award commitments, shall make any

 

necessary adjustments, and shall confirm that those award

 

commitments will not exceed but will utilize substantially all of

 

the appropriation contained in part 1 for the tuition grant

 

program. The determination and actions shall be reported to the

 

state budget director and the house and senate fiscal agencies no

 

later than February 15, 2008. If award adjustments are necessary,

 

the students shall be notified of the adjustment by the third

 

Monday in February.

 

     (4) Any unexpended and unencumbered funds remaining on

 

September 30, 2008 from the amounts appropriated in part 1 for the

 

tuition grant program shall not lapse on September 30, 2008, but

 

shall continue to be available for expenditure for tuition grants

 

provided in the 2008-2009 fiscal year. The use of these unexpended

 

fiscal year 2007-2008 funds shall terminate at the end of the 2008-

 

2009 fiscal year.

 


     (5) The Michigan higher education assistance authority shall

 

continue a proportional tuition grant maximum award level for

 

recipients enrolled less than full-time in a given semester or

 

term.

 

     (6) If the Michigan higher education assistance authority

 

increases the maximum award per eligible student from that provided

 

in the previous fiscal year, it shall not have the effect of

 

reducing the number of eligible students receiving awards in

 

relation to the total number of eligible applicants. Any increase

 

in the maximum grant shall be proportional for all eligible

 

students receiving awards for fiscal year 2007-2008.

 

     (7) All Ferris State University students enrolled at Kendall

 

College of Art and Design prior to January 1, 2001 who were

 

qualified for the state tuition grant shall continue to receive the

 

dollar amount of the state tuition grant for which they were

 

eligible until they graduate or are no longer enrolled in the

 

Kendall College of Art and Design at Ferris State University.

 

     Sec. 303. (1) Included in the appropriation in part 1 is

 

funding for the Michigan work-study program established under 1986

 

PA 288, MCL 390.1371 to 390.1382, and 1986 PA 303, MCL 390.1321 to

 

390.1332. An effort should be made by each institution

 

participating in the Michigan work-study program to assure that not

 

less than 10% of those undergraduate, graduate, and professional

 

students eligible to participate in the program are placed with

 

for-profit employers no later than December 31 of each year for

 

which funding is provided under this article.

 

     (2) The Michigan higher education assistance authority shall

 


allocate funds to institutions eligible for work-study money based

 

upon each institution's specific Pell grant index and each

 

institution's utilization rate of work-study funds for the 3 most

 

recent years for which statistics are available.

 

     (3) The Michigan higher education assistance authority shall

 

set aside not more than 5% of the total work-study appropriation to

 

process requests from participating institutions for allocation

 

adjustments. Allocation adjustments shall be based on criteria set

 

by the authority prior to making the allocations under subsection

 

(2).

 

     Sec. 307. The auditor general may audit selected enrollments,

 

degrees, and awards at selected independent colleges and

 

universities receiving awards administered by the department of

 

treasury. The audits shall be based upon definitions and

 

requirements established by the Michigan higher education

 

assistance authority, the state budget director, and the senate and

 

house fiscal agencies. The auditor general shall accept the Free

 

Application for Federal Student Aid (FAFSA) form as the standard of

 

residency documentation. The auditor general shall submit a report

 

of findings to the senate and house appropriations committees and

 

state budget director by May 1, 2008.

 

     Sec. 308. The sums appropriated in part 1 for the student

 

financial aid programs shall be paid out of the state treasury and

 

shall be distributed to the respective institutions under a

 

quarterly payment system as follows:

 

     (a) For the state competitive scholarship, nursing

 

scholarship, tuition incentive, and tuition grant programs, 40%

 


shall be paid at the beginning of the state's first fiscal quarter,

 

40% at the beginning of the state's second fiscal quarter, l0% at

 

the beginning of the state's third fiscal quarter, and l0% at the

 

beginning of the state's fourth fiscal quarter.

 

     (b) For the work-study program, payments shall be made in 11

 

monthly installments from October 1 to August 31 of any year.

 

     (c) For the part-time independent student program and the

 

Michigan education opportunity grant program, 50% shall be paid at

 

the beginning of the state's first fiscal quarter, 25% at the

 

beginning of the state's second fiscal quarter, and 25% at the

 

beginning of the state's third fiscal quarter.

 

     (d) For the Robert C. Byrd honors scholarship program, 50%

 

shall be paid at the beginning of the state's first fiscal quarter

 

and 50% at the beginning of the state's second fiscal quarter.

 

     Sec. 309. The Michigan higher education assistance authority

 

shall determine the needs analysis criteria for students to qualify

 

for the state competitive scholarship program and tuition grant

 

program. To be consistent with federal requirements, student wages

 

may be taken into consideration when determining the amount of the

 

award.

 

     Sec. 310. (1) The funds appropriated in part 1 for the tuition

 

incentive program shall be distributed as provided in this section

 

and pursuant to the administrative procedures for the tuition

 

incentive program of the department of treasury.

 

     (2) As used in this section:

 

     (a) "Phase I" means the first part of the tuition incentive

 

assistance program defined as the academic period of 80 semester or

 


120 term credits, or less, leading to an associate degree or

 

certificate.

 

     (b) "Phase II" means the second part of the tuition incentive

 

assistance program which provides assistance in the third and

 

fourth year of 4-year degree programs.

 

     (c) "Department" means the department of treasury.

 

     (3) A person shall meet the following basic criteria and

 

financial thresholds to be eligible for tuition incentive benefits:

 

     (a) To be eligible for phase I, a person shall meet all of the

 

following criteria:

 

     (i) Apply for certification to the department before graduating

 

from high school or completing the general education development

 

(GED) certificate.

 

     (ii) Be less than 20 years of age at the time of high school

 

graduation or GED completion.

 

     (iii) Be a United States citizen and a resident of Michigan

 

according to institutional criteria.

 

     (iv) Be at least a half-time student, earning less than 80

 

semester or 120 term credits at a participating educational

 

institution within 4 years of high school graduation or GED

 

certificate completion.

 

     (v) Request information on filing a FAFSA.

 

     (b) To be eligible for phase II, a person shall meet either of

 

the following criteria in addition to the criteria in subdivision

 

(a):

 

     (i) Complete at least 56 transferable semester or 84

 

transferable term credits.

 


     (ii) Obtain an associate degree or certificate at a

 

participating institution.

 

     (c) To be eligible for phase I or phase II, a person must be

 

financially eligible as determined by the department. A person is

 

financially eligible for the tuition incentive program if that

 

person was Medicaid eligible for 24 months within the 36 months

 

before application. Certification of eligibility may begin in the

 

sixth grade.

 

     (4) For phase I, the department shall provide payment on

 

behalf of a person eligible under subsection (3). The department

 

shall reject billings that are excessive or outside the guidelines

 

for the type of educational institution.

 

     (5) For phase I, all of the following apply:

 

     (a) Payments for associate degree or certificate programs

 

shall not be made for more than 80 semester or 120 term credits for

 

any individual student at any participating institution.

 

     (b) For persons enrolled at a Michigan community college, the

 

department shall pay the current in-district tuition and mandatory

 

fees. For persons residing in an area that is not included in any

 

community college district, the out-of-district tuition rate may be

 

authorized.

 

     (c) For persons enrolled at a Michigan public university, the

 

department shall pay lower division resident tuition and mandatory

 

fees for the current year.

 

     (d) For persons enrolled at a Michigan independent, nonprofit

 

degree-granting college or university, or a Michigan federal

 

tribally controlled community college, or Focus: HOPE, the

 


department shall pay mandatory fees for the current year and a per-

 

credit payment that does not exceed the average community college

 

in-district per-credit tuition rate as reported on August 1, for

 

the immediately preceding academic year.

 

     (6) A person participating in phase II may be eligible for

 

additional funds not to exceed $500.00 per semester or $400.00 per

 

term up to a maximum of $2,000.00 subject to the following

 

conditions:

 

     (a) Credits are earned in a 4-year program at a Michigan

 

degree-granting 4-year college or university.

 

     (b) The tuition reimbursement is for coursework completed

 

within 30 months of completion of the phase I requirements.

 

     (7) The department shall work closely with participating

 

institutions to develop an application and eligibility

 

determination process that will provide the highest level of

 

participation and ensure that all requirements of the program are

 

met.

 

     (8) Applications for the tuition incentive program may be

 

approved at any time after the student begins the sixth grade. If a

 

determination of financial eligibility is made, that determination

 

is valid as long as the student meets all other program

 

requirements and conditions.

 

     (9) Each institution shall ensure that all known available

 

restricted grants for tuition and fees are used prior to billing

 

the tuition incentive program for any portion of a student's

 

tuition and fees.

 

     (10) The department shall ensure that the tuition incentive

 


program is well publicized and that potentially eligible Medicaid

 

clients are provided information on the program. The department

 

shall provide the necessary funding and staff to fully operate the

 

program.

 

     Sec. 311. To enable the legislature and the state budget

 

director to evaluate the appropriation needs of higher education,

 

each independent college and university shall make available to the

 

legislature or state budget director, upon request, data regarding

 

grants for the preceding, current, and ensuing fiscal years.

 

     Sec. 312. From the funds appropriated in part 1 for nursing

 

scholarship and grant programs, the Michigan higher education

 

assistance authority shall administer any nursing scholarship or

 

nursing school grant programs authorized under the Michigan nursing

 

scholarship act, 2002 PA 591, MCL 390.1181 to 390.1189.

 

     Sec. 314. By December 1 of each year, the Michigan higher

 

education assistance authority shall submit a report to the state

 

budget director, the house and senate appropriations subcommittees

 

on higher education, and the house and senate fiscal agencies for

 

the preceding fiscal year on the children of veterans tuition grant

 

program. The report shall include, but is not limited to, the total

 

number of tuition grants paid by the authority in the preceding

 

fiscal year, the total dollar amount of those tuition grants, and

 

the number of students receiving tuition grants and the total

 

amount of those tuition grants at each eligible institution.

 

 

 

STATE UNIVERSITIES

 

     Sec. 402. The University of Michigan biological station at

 


Douglas Lake in Cheboygan County is regarded as a unique resource

 

and is designated as a special research reserve. It is the intent

 

of the legislature to protect and preserve the unique long-term

 

research value and capabilities of the biological station area and

 

Douglas Lake. The legislature further intends that no state

 

programs or policies be developed that would have a deleterious

 

impact on the research value of Douglas Lake.

 

     Sec. 405. The funds appropriated in part 1 for higher

 

education database modernization and conversion shall be expended

 

to maintain, coordinate, and improve the higher education

 

institutional data inventory (HEIDI) established under section 1299

 

of the management and budget act, 1984 PA 431, MCL 18.1299. The

 

advisory committee established under that section shall meet

 

regularly to review data definitions and requirements in order to

 

advise the state budget director regarding changes to those

 

definitions and requirements that would result in more useful and

 

reliable data being provided to state policymakers and university

 

officials.

 

     Sec. 426. (1) It is the legislative intent that private

 

bookstores that sell textbooks to university students and student

 

governments that provide a book swap for university students have

 

accurate and timely access to lists of universities' required

 

textbooks in order to provide prompt and efficient service for

 

students. It is further the legislative intent that each state

 

university allow students who are on financial aid or are receiving

 

tuition grants to decide where to purchase their textbooks.

 

     (2) It is the intent of the legislature that each state

 


university that provides for the use of funds in a university

 

administered account or financial aid for the purchase of required

 

textbooks and supplies at bookstores operated by or affiliated with

 

the university also provide for the use of funds in a university

 

administered account or financial aid at bookstores providing

 

required textbooks or supplies that are not operated by or

 

affiliated with the university. A state university may require

 

bookstores not operated by or affiliated with the university to

 

reimburse the university for any reasonable costs attributable to

 

these transactions and to pay a reasonable rate or commission to

 

the university.

 

     Sec. 433. (1) Included in part 1 is $2,953,400.00 for the

 

agricultural experiment station and $2,619,000.00 for the

 

cooperative extension service for project GREEEN. Project GREEEN is

 

intended to address critical regulatory, food safety, economic, and

 

environmental problems faced by this state's plant-based

 

agriculture, forestry, and processing industries. "GREEEN" is an

 

acronym for generating research and extension to meet environmental

 

and economic needs.

 

     (2) The department of agriculture and Michigan State

 

University, in consultation with agricultural commodity groups and

 

other interested parties, shall develop project GREEEN and its

 

program priorities.

 

     (3) Not later than September 30, 2008, a report shall be

 

submitted by Michigan State University to the state budget

 

director, the house and senate appropriations subcommittees on

 

agriculture and on higher education, and the house and senate

 


fiscal agencies for the preceding fiscal year regarding project

 

GREEEN projects. The report shall include, but is not limited to,

 

the dollar amount of each project and a review of each project's

 

performance and accomplishments.

 

     Sec. 434. Included in the appropriation in part 1 for Michigan

 

State University is $100.00 for the Michigan future farmers of

 

America association. This $100.00 appropriation shall not supplant

 

any existing support that Michigan State University provides to the

 

Michigan future farmers of America association.

 

     Sec. 436. It is the intent of the legislature that if any

 

state university increases its resident undergraduate tuition and

 

required fees from academic year 2006-2007 to academic year 2007-

 

2008, then that university shall increase its fiscal year 2007-2008

 

general fund expenditures for student financial aid by at least the

 

same percentage as the percentage change in resident undergraduate

 

tuition and required fees. Each state university shall report its

 

proposed fiscal year 2007-2008 general fund expenditures for

 

student financial aid compared to its projected fiscal year 2006-

 

2007 general fund expenditures for student financial aid, and its

 

projected academic year 2007-2008 resident undergraduate tuition

 

and required fee changes from academic year 2006-2007, to the state

 

budget director and the house and senate appropriations

 

subcommittees on higher education by November 15, 2007.

 

     Sec. 440. All universities shall submit the amount of tuition

 

and fees actually charged to a full-time resident undergraduate

 

student for academic year 2007-2008 as part of their higher

 

education institutional data inventory (HEIDI) data by August 31,

 


2007. A university shall report any revisions for any semester of

 

the reported academic year 2007-2008 tuition and fee charges to

 

HEIDI within 15 days of being adopted.

 

     Sec. 450. (1) For the fiscal year ending September 30, 2008,

 

it is the intent of the legislature that an amount calculated under

 

subsection (2) be allocated for per-student floor funding from the

 

general fund/general purpose unreserved balances at the close of

 

the 2006-2007 fiscal year.

 

     (2) The amount allocated under subsection (1) for per-student

 

floor funding is equal to $3,775.00 per 2005-2006 fiscal-year-

 

equated student at each university. The number of 2005-2006

 

students at a university is determined by reference to the higher

 

education institutional data inventory (HEIDI).

 

     Sec. 461. From the amount appropriated in part 1 to Lake

 

Superior State University for operations, $100,000.00 shall be paid

 

to Bay Mills Community College for the costs of waiving tuition for

 

North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

 

     Sec. 462. It is the intent of the legislature that the state

 

universities coordinate their purchases of goods and services

 

whenever possible. This may include, but is not limited to, group

 

purchases for vehicles, utilities, supplies, electronic equipment,

 

maintenance equipment, books, and contractual services. To the

 

extent possible, the state universities shall use the "Michigan

 

delivering extended agreements locally" (MiDEAL) purchasing

 

services of the state department of management and budget that

 

makes state contracts available to local units of government,

 

colleges, and universities. Not later than January 1 of each year,

 


the presidents council, state universities of Michigan shall submit

 

to the members of the house and senate appropriations subcommittees

 

on higher education, the house and senate fiscal agencies, and the

 

state budget director a report on group or pooled purchases and the

 

savings achieved by the state universities in the previous fiscal

 

year.

 

     Sec. 464. In order for a state university to receive an

 

allocation from the technology commercialization incentive fund

 

appropriated in part 1, that state university shall submit a plan

 

to the state budget director and the house and senate

 

appropriations subcommittees on higher education on its process to

 

inform both the private and public sectors regarding research and

 

technology that could be developed commercially. Each plan should

 

also be submitted to the Michigan university commercialization

 

initiative at the University of Michigan - Ann Arbor.

 

     Sec. 465. It is the intent of the legislature that an

 

independent higher education commission shall conduct an audit of

 

the spending of state universities. Each state university that

 

agrees to participate in this audit shall receive a state

 

appropriation of $100.00.

 

 

 

MARTIN LUTHER KING, JR. - CESAR CHAVEZ - ROSA PARKS PROGRAMS

 

     Sec. 501. (1) Included in the appropriation for each state

 

university in part 1 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks future faculty program, that is intended

 

to increase the pool of academically or economically disadvantaged

 

candidates pursuing faculty teaching careers in postsecondary

 


education. Preference may not be given to applicants on the basis

 

of race, color, ethnicity, gender, or national origin. Institutions

 

should encourage applications from applicants who would otherwise

 

not adequately be represented in the graduate student and faculty

 

populations. Each state university shall apply the percentage

 

change applicable to every state university in the calculation of

 

appropriations in part 1 to the amount of funds allocated to the

 

future faculty program.

 

     (2) The program shall be administered by each state university

 

in a manner prescribed by the Michigan department of labor and

 

economic growth. The Michigan department of labor and economic

 

growth shall use a good faith effort standard to evaluate whether a

 

fellowship is in default.

 

     Sec. 502. (1) Included in the appropriation for each state

 

university in part 1 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks college day program that is intended to

 

introduce academically or economically disadvantaged schoolchildren

 

to the potential of a college education. Preference may not be

 

given to participants on the basis of race, color, ethnicity,

 

gender, or national origin. Institutions should encourage

 

participation from those who would otherwise not adequately be

 

represented in the student population.

 

     (2) Individual program plans of each state university shall

 

include a budget of equal contributions from this program, the

 

participating state university, the participating school district,

 

and the participating independent degree-granting college. College

 

day funds shall not be expended to cover indirect costs. Not more

 


than 20% of the university match shall be attributable to indirect

 

costs. Each state university shall apply the percentage change

 

applicable to every state university in the calculation of

 

appropriations in part 1 to the amount of funds allocated to the

 

college day program.

 

     (3) The program described in this section shall be

 

administered by each state university in a manner prescribed by the

 

Michigan department of labor and economic growth.

 

     Sec. 503. (1) Included in part 1 is funding for the Martin

 

Luther King, Jr. - Cesar Chavez - Rosa Parks select student support

 

services program for developing academically or economically

 

disadvantaged student retention programs for 4-year state and

 

independent educational institutions in this state. Preference may

 

not be given to participants on the basis of race, color,

 

ethnicity, gender, or national origin. Institutions should

 

encourage participation from those who would otherwise not

 

adequately be represented in the student population.

 

     (2) An award made under this program to any 1 institution

 

shall not be greater than $150,000.00, and the amount awarded shall

 

be matched on a 70% state, 30% college or university basis.

 

     (3) The program described in this section shall be

 

administered by the Michigan department of labor and economic

 

growth.

 

     Sec. 504. (1) Included in part 1 is funding for the Martin

 

Luther King, Jr. - Cesar Chavez - Rosa Parks college/university

 

partnership program between 4-year state and independent colleges

 

and universities and public community colleges, which is intended

 


to increase the number of academically or economically

 

disadvantaged students who transfer from community colleges into

 

baccalaureate programs. Preference may not be given to participants

 

on the basis of race, color, ethnicity, gender, or national origin.

 

Institutions should encourage participation from those who would

 

otherwise not adequately be represented in the transfer student

 

population.

 

     (2) The grants shall be made under the program described in

 

this section to Michigan state and independent colleges and

 

universities. An award to any 1 institution shall not be greater

 

than $150,000.00, and the amount awarded shall be matched on a 70%

 

state, 30% college or university basis.

 

     (3) The program described in this section shall be

 

administered by the Michigan department of labor and economic

 

growth.

 

     Sec. 505. (1) Included in the appropriation for each state

 

university in part 1 is funding for the Martin Luther King, Jr. -

 

Cesar Chavez - Rosa Parks visiting professors program which is

 

intended to increase the number of instructors in the classroom to

 

provide role models for academically or economically disadvantaged

 

students. Preference may not be given to participants on the basis

 

of race, color, ethnicity, gender, or national origin. Institutions

 

should encourage participation from those who would otherwise not

 

adequately be represented in the student population.

 

     (2) The program described in this section shall be

 

administered by the Michigan department of labor and economic

 

growth.

 


     Sec. 506. (1) Included in the appropriation in part 1 is

 

funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa

 

Parks initiative for the Morris Hood, Jr. educator development

 

program which is intended to increase the number of academically or

 

economically disadvantaged students who enroll in and complete K-12

 

teacher education programs at the baccalaureate level. Preference

 

may not be given to participants on the basis of race, color,

 

ethnicity, gender, or national origin. Institutions should

 

encourage participation from those who would otherwise not

 

adequately be represented in the teacher education student

 

population.

 

     (2) The program described in this section shall be

 

administered by each state-approved teacher education institution

 

in a manner prescribed by the Michigan department of labor and

 

economic growth.

 

     (3) Approved teacher education institutions may and are

 

encouraged to use student support services funding in coordination

 

with the Morris Hood, Jr. funding to achieve the goals of the

 

program described in this section.

 

     Sec. 507. Each state institution of higher education receiving

 

funds under section 503, 504, or 506 shall notify the Michigan

 

department of labor and economic growth by April 15, 2008 as to

 

whether it will expend by the end of its fiscal year the funds

 

received under section 503, 504, or 506. Notwithstanding the award

 

limitations in sections 503 and 504, the amount of funding reported

 

as not being expended will be reallocated to the institutions that

 

intend to expend all funding received under section 503, 504, or

 


506.

 

 

 

STUDENT PERFORMANCE REPORTING

 

     Sec. 601. (1) From the amount appropriated in part 1 for state

 

universities, the state universities shall systematically inform

 

Michigan high schools regarding the academic status of students

 

from each high school in a manner prescribed by the presidents

 

council, state universities of Michigan in cooperation with the

 

Michigan association of secondary school principals.

 

     (2) The Michigan high schools shall systematically inform the

 

state universities about the use of information received under this

 

section in a manner prescribed by the Michigan association of

 

secondary school principals in cooperation with the presidents

 

council, state universities of Michigan.

 

     Sec. 602. From the amount appropriated in part 1 for state

 

universities, the state universities shall inform Michigan

 

community colleges regarding the academic status of community

 

college transfer students in a manner prescribed by the presidents

 

council, state universities of Michigan in cooperation with the

 

Michigan community college association.

 

     Sec. 603. It is the intent of the legislature that the state

 

universities work with the state community colleges to encourage

 

the transfer of students from the community colleges to the state

 

universities and to facilitate the transfer of credits from the

 

community colleges to the state universities.

 

 

 

GENERAL REPORTS AND AUDITS

 


     Sec. 701. (1) The auditor general shall review higher

 

education institutional data inventory (HEIDI) enrollment data

 

submitted by all state universities and may perform audits of

 

selected state universities if determined necessary. The review and

 

audits shall be based upon the definitions, requirements, and

 

uniform reporting categories established by the state budget

 

director and the senate and house fiscal agencies. The auditor

 

general shall submit a report of findings to the house and senate

 

appropriations committees and the state budget director no later

 

than July 1, 2008.

 

     (2) Student credit hours reports shall not include the

 

following:

 

     (a) Student credit hours generated through instructional

 

activity by faculty or staff in classrooms located outside

 

Michigan, with the exception of instructional activity related to

 

study-abroad programs or field programs.

 

     (b) Student credit hours generated through distance learning

 

instruction for students not eligible for the institution's in-

 

state main campus resident tuition rate.

 

     (c) Student credit hours generated through credit by

 

examination.

 

     (d) Student credit hours generated through inmate prison

 

programs regardless of teaching location.

 

     (e) Student credit hours generated in new degree programs

 

after January 1, 1975, that have not been specifically authorized

 

for funding by the legislature, except spin-off programs converted

 

from existing core programs that do all of the following:

 


     (i) Represent new options, fields, or concentrations within

 

existing programs.

 

     (ii) Are consistent with the current institutional role and

 

mission.

 

     (iii) Are accommodated within the continuing funding base of the

 

institution.

 

     (iv) Do not require a new degree level beyond that which the

 

institution is currently authorized to grant within that discipline

 

or field.

 

     (v) Do not require funding from the state other than that

 

provided by the student credit hours generated within the program,

 

either before program initiation or within the first 3 years of

 

program operation.

 

     (3) The auditor general shall periodically audit higher

 

education institutional data inventory (HEIDI) data as submitted by

 

the state universities for compliance with the definitions approved

 

by the HEIDI advisory committee for the HEIDI database.

 

     (4) "Distance learning instruction" as used in subsection (2)

 

means instruction that occurs solely in other than a traditional

 

classroom setting where the student and instructor are in the same

 

physical location and for which a student receives course credits

 

and is charged tuition and fees. Examples of distance learning

 

instruction are instruction delivered solely through the Internet,

 

cable television, teleconference, or mail.

 

     Sec. 701a. (1) Pursuant to section 701(2)(e), state

 

institutions of higher education may establish the following degree

 

programs:

 


     (a) Bachelor's degree programs:

 

     Central Michigan University, Integrated Science, B.S. in Ed.

 

     Central Michigan University, Law and Economics, B.A., B.S.,

 

B.S. in B.A.

 

     Central Michigan University, Meteorology, B.S.

 

     Eastern Michigan University, Cross Disciplinary Studies,

 

B.A./B.S.

 

     Eastern Michigan University, Information Assurance, B.A./B.S.

 

     Eastern Michigan University, Supply Chain Management, B.B.A.

 

     Grand Valley State University, Chinese Studies Major, B.A.

 

     Lake Superior State University, Physical Science: Teaching,

 

B.S.

 

     Lake Superior State University, School of Education, B. Ed.

 

     Michigan State University, Residential College in the Arts and

 

Humanities, B.A.

 

     University of Michigan - Flint, Biochemistry, B.S.

 

     University of Michigan - Flint, Theatre Design and Technology,

 

B.S.

 

     University of Michigan - Flint, Visual Communication, B.F.A.

 

     Wayne State University, Radiologic Technology, B.S.

 

     (b) Master's degree programs:

 

     Eastern Michigan University, Integrated Marketing

 

Communications, M.S.

 

     Oakland University, Safety Management, M.S.

 

     University of Michigan - Ann Arbor, Clinical Research, M.S.

 

     University of Michigan - Ann Arbor, Supply Chain Management,

 

Master's

 


     University of Michigan - Dearborn, Master of Science in

 

Management Information Systems, M.S.

 

     University of Michigan - Flint, English, M.A.

 

     Wayne State University, Joint-Library and Information Science

 

and History, M.A.

 

     (c) Doctoral degree programs:

 

     Michigan State University, Quantitative Biology Dual Major,

 

Ph.D.

 

     Michigan Technological University, Atmospheric Sciences, Ph.D.

 

     Oakland University, Doctor of Nursing Practice, D.N.P.

 

     Oakland University, Music Education, Ph.D.

 

     Wayne State University, Business Administration, Ph.D.

 

     Wayne State University, Joint Pharm.D/Ph.D., Pharm.D, Ph.D.

 

     (2) The listing of degree programs in subsection (1) does not

 

constitute legislative intent to provide additional dollars for

 

those programs.

 

     (3) When submitting the listing of new degree programs for

 

purposes of section 701(2)(e) in fiscal years after 2007-2008, the

 

presidents council of state universities shall also provide a

 

listing of degree programs that institutions of higher education

 

will no longer offer in subsequent academic years.

 

     Sec. 702. The principal executive officer of each institution

 

of higher education receiving an appropriation under this article

 

shall expend a portion of the funds appropriated to that

 

institution to make a report to the auditor general, the house and

 

senate fiscal agencies, and the state budget director within 60

 

days after the auditor general issues his or her report on the

 


operation of the institution. The institution's report shall

 

specify all of the following:

 

     (a) The recommendations of the auditor general implemented by

 

the institution, including projected dates and resources required,

 

if any, to achieve compliance.

 

     (b) The recommendations of the auditor general not implemented

 

by the institution or implemented by the institution as modified.

 

     (c) The rationale for not implementing a recommendation of the

 

auditor general or of implementing a recommendation as modified.

 

     Sec. 708. The auditor general may conduct performance audits

 

of state universities during the fiscal year ending September 30,

 

2008 as the auditor general considers necessary.

 

     Sec. 709. An institution of higher education receiving funds

 

under this article and also subject to the student right-to-know

 

and campus security act, Public Law 101-522, 104 Stat. 2381, shall

 

make a copy of all material prepared pursuant to the public

 

information reporting requirements under the crime awareness and

 

campus security act of 1990, title II of the student right-to-know

 

and campus security act, Public Law 101-542, 104 Stat. 2381,

 

available in electronic Internet format on their websites.

 

     Sec. 711. (1) Not later than May 31, 2008, each of Michigan's

 

public universities shall submit to the state budget director,

 

members of the house of representatives and the senate, and the

 

house and senate fiscal agencies a report on the efforts of the

 

university to increase the number of education degrees conferred

 

for teaching as follows:

 

     (a) Middle school and high school mathematics, physics,

 


chemistry, and biology.

 

     (b) The languages of Chinese, Korean, Japanese, Arabic,

 

Spanish, French, Russian, and German.

 

     (c) In critical shortage disciplines, as determined by the

 

superintendent of public instruction pursuant to section 61(5) of

 

the public school employees retirement act of 1979, 1979 PA 300,

 

MCL 38.1361.

 

     (2) At the beginning of every semester or term, the college of

 

education of each Michigan public university shall provide to all

 

of its students the most current listing of critical shortage

 

disciplines compiled by the superintendent of public instruction

 

pursuant to section 61(5) of the public school employees retirement

 

act of 1979, 1979 PA 300, MCL 38.1361.

 

     Sec. 712. By February 1, 2008, each of Michigan's state

 

universities receiving appropriations in part 1 shall submit to the

 

house and senate appropriations subcommittees on higher education,

 

the state budget director, and the house and senate fiscal agencies

 

a report on the following:

 

     (a) The number of students who graduated from the university

 

in academic year 2005-2006 and academic year 2006-2007 with an

 

advanced degree in mathematics, science, health care, or

 

engineering, and the number of those graduates that remained in

 

Michigan to work.

 

     (b) The projected numbers of graduates in each of the above-

 

listed categories for the next 5 calendar years and plans or

 

programs, if any, to increase the numbers of graduates in these

 

categories.

 


     (c) The status of the university’s state and regional economic

 

development activities and the monetary value of these activities

 

on the economy of Michigan. The report shall include efforts

 

undertaken to assist the state and its communities with the

 

development of programs and infrastructure necessary to expand

 

businesses and jobs, including those in manufacturing, tourism,

 

agriculture, and health care.

 

     (d) Partnerships with other Michigan universities, community

 

colleges, or other entities regarding new technology development,

 

including, but not limited to, life sciences, alternative energy,

 

and advanced manufacturing and increasing the number of college

 

graduates in science, technology, engineering, and mathematics

 

disciplines.

 

     (e) Efforts to increase foreign investment and international

 

trade; efforts to encourage international students to develop,

 

locate, or partner with Michigan-based businesses upon graduation;

 

and efforts to identify economic development leads or prospects in

 

national or international markets for Michigan business for

 

referral to state, regional, or local economic development

 

officials.

 

     (f) The impact of research and technology development

 

undertaken by the university, including, but not limited to, all of

 

the following:

 

     (i) The amount of private, state, and federal research funding

 

received by the university.

 

     (ii) The total amount of research spending by the university.

 

     (iii) The number of new invention disclosures filed by

 


university faculty, researchers, and graduate students.

 

     (iv) The number of start-up companies formed based on

 

university-generated inventions and the number of those companies

 

headquartered in Michigan.

 

     (v) The number of new licensing agreements with corporate

 

partners and the amount of university revenue generated from

 

licensing new technologies.

 

     (vi) The number of patent applications filed by the university

 

and the number of patents granted to the university.

 

     (vii) The number of jobs created or retained in Michigan

 

attributed to university-generated research and technology

 

transfer.

 

     Sec. 714. Not later than February 1, 2008, each of the state

 

universities receiving appropriations in part 1 shall submit to the

 

state budget director, members of the house of representatives and

 

the senate, and the house and senate fiscal agencies a report on

 

the number of residents from an eligible county enrolled at the

 

university and the quantifiable increase from the 2006-2007

 

academic year to the 2007-2008 academic year in outreach efforts to

 

enroll students at the university from an eligible county. As used

 

in this section, "eligible county" means a county in this state

 

that meets both of the following:

 

     (a) Has a population of not less than 700,000 and not more

 

than 1,000,000 according to the most recent federal decennial

 

census.

 

     (b) Does not contain the main campus of a 4-year public

 

university within its boundaries.

 


     Sec. 715. It is the intent of the legislature that an

 

institution receiving funds under this article and also subject to

 

the family educational rights and privacy act (FERPA), 20 USC

 

section 1232g, 34 CFR part 99, shall, when requested, provide

 

information from the records of a student to any person or persons

 

to whom the student has authorized disclosure on a written consent

 

form pursuant to 34 CFR 99.30.

 

 

 

 

 

ARTICLE 9

 

DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 

of history, arts, and libraries for the fiscal year ending

 

September 30, 2008, from the funds indicated in this part. The

 

following is a summary of the appropriations in this part:

 

DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 228.0

 

GROSS APPROPRIATION.................................... $     43,555,100

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           139,200

 

ADJUSTED GROSS APPROPRIATION........................... $     43,415,900

 


   Federal revenues:

 

Total federal revenues.................................         7,307,400

 

   Special revenue funds:

 

Total private revenues.................................          112,400

 

Total other state restricted revenues..................         2,645,600

 

State general fund/general purpose..................... $     33,350,500

 

   Sec. 102. DEPARTMENT OPERATIONS

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 32.0

 

Unclassified salaries.................................. $        222,300

 

Management services--31.0 FTE positions................         2,786,400

 

Building occupancy charges and rent....................         3,277,800

 

Worker's compensation..................................             9,000

 

Film office--1.0 FTE positions.........................           180,300

 

Human resources optimization user charges..............            16,500

 

GROSS APPROPRIATION.................................... $      6,492,300

 

    Appropriated from:

 

State general fund/general purpose..................... $      6,492,300

 

   Sec. 103. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $       1,099,200

 

GROSS APPROPRIATION.................................... $      1,099,200

 

    Appropriated from:

 

Mackinac Island state park fund........................            47,000

 

State general fund/general purpose..................... $      1,052,200

 

   Sec. 104. COUNCIL FOR ARTS AND CULTURAL AFFAIRS

 

   Full-time equated classified positions............ 3.0

 

Administration--3.0 FTE positions...................... $        304,400

 


Arts and cultural grants...............................         6,420,100

 

GROSS APPROPRIATION.................................... $      6,724,500

 

    Appropriated from:

 

NFAH-NEA, promotion of the arts, partnership

 

   agreements...........................................           700,000

 

State general fund/general purpose..................... $      6,024,500

 

   Sec. 105. MACKINAC ISLAND STATE PARK COMMISSION

 

   Full-time equated classified positions........... 39.0

 

Mackinac Island park operation--24.3 FTE positions..... $      1,544,100

 

Historical facilities system--14.7 FTE positions.......         1,948,500

 

GROSS APPROPRIATION.................................... $      3,492,600

 

    Appropriated from:

 

Federal funds..........................................           200,000

 

Mackinac Island state park operation fund..............           160,200

 

Mackinac Island state park fund........................         1,566,000

 

State general fund/general purpose..................... $      1,566,400

 

   Sec. 106. MICHIGAN HISTORICAL PROGRAM

 

   Full-time equated classified positions........... 83.0

 

Historical administration and services--71.0 FTE

 

   positions............................................ $      5,812,800

 

Federal programs--12.0 FTE positions...................           850,000

 

Heritage publications..................................           700,000

 

Private grants and gifts...............................           112,400

 

Thunder Bay national marine sanctuary and underwater

 

   preserve.............................................           202,000

 

Michigan history day...................................            25,000

 

GROSS APPROPRIATION.................................... $      7,702,200

 


    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDOT, comprehensive transportation fund............             3,800

 

IDG-MDOT, state aeronautics fund.......................             2,300

 

IDG-MDOT, state trunkline fund.........................           133,100

 

   Federal revenues:

 

DOI-NPS, historic preservation grants-in-aid...........           850,000

 

   Special revenue funds:

 

Private - grants and gifts.............................            10,000

 

Private - Mann house trust fund........................           102,400

 

Game and fish protection fund..........................             3,700

 

Heritage publication fund..............................           700,000

 

Marine safety fund.....................................               400

 

Special revenue, internal service and pension trust....            49,200

 

State lottery fund.....................................            19,100

 

State services fee fund................................            12,300

 

Waterways fund.........................................               800

 

State general fund/general purpose..................... $      5,815,100

 

   Sec. 107. LIBRARY OF MICHIGAN

 

   Full-time equated classified positions........... 71.0

 

Collected gifts and fees............................... $         86,900

 

Library of Michigan operations--71.0 FTE positions.....         5,922,600

 

Library services and technology act....................         5,557,400

 

State aid to libraries.................................         5,972,400

 

Subregional state aid..................................           505,000

 

GROSS APPROPRIATION.................................... $     18,044,300

 

    Appropriated from:

 


Library services and technology act....................         5,557,400

 

User fees..............................................            86,900

 

State general fund/general purpose..................... $     12,400,000

 

 

 

 

 

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 $35,996,100.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $7,312,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

 

Arts and cultural grants............................... $        834,600

 

State aid to libraries.................................         5,972,400

 

Subregional state aid..................................           505,000

 

Total department of history, arts, and libraries....... $      7,312,000

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this appropriation article:

 

     (a) "Department" means the department of history, arts, and

 

libraries.

 

     (b) "Director" means the director of the department of

 


history, arts, and libraries.

 

     (c) "DOI-NPS" means the United States department of interior,

 

national park service.

 

     (d) "Fiscal agencies" means the house fiscal agency and the

 

senate fiscal agency.

 

     (e) "FTE" means full-time equated.

 

     (f) "IDG" means interdepartmental grant.

 

     (g) "MCACA" means the Michigan council for arts and cultural

 

affairs.

 

     (h) "MDOT" means the Michigan department of transportation.

 

     (i) "NEA" means the national endowment for the arts.

 

     (j) "NFAH" means the national foundation of the arts and the

 

humanities.

 

     (k) "Subcommittees" means all members of the appropriate

 

subcommittees of the senate and house of representatives

 

appropriations committees.

 

     Sec. 204. The department of civil service shall bill the

 

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. 207. At least 60 days before beginning any effort to

 

privatize, the department shall submit a complete project plan to

 

the subcommittees and the fiscal agencies. The plan shall include

 

the criteria under which the privatization initiative will be

 

evaluated. The evaluation shall be completed and submitted to the

 

fiscal agencies and to the subcommittees within 30 months.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this article.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement,

 

or it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference should be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. 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. (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 of

 

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. 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. The 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. 215. (1) The department may provide and enter into

 

agreements to provide general services, training, meetings,

 

information, special equipment, software, and facility use, and

 

technical consulting services to other principal executive

 


departments, state agencies, local units of government, the

 

judicial branch of government, other organizations, and patrons of

 

department facilities. Fees for services shall be reasonably

 

related to the cost of providing the services and shall be used to

 

offset the costs of the services. The department may receive and

 

expend funds in addition to those authorized in part 1 for the

 

following:

 

     (a) Supplying census-related information and technical

 

services, publications, statistical studies, population projections

 

and estimates, and other demographic products.

 

     (b) Microfilming and other document and data imaging services,

 

media, storage, and copies.

 

     (c) Patron copier and document reproduction services and

 

copies.

 

     (d) Conferences, training classes, exhibits, programs, and

 

workshops conducted as part of the department's mission.

 

     (e) Use of specialized equipment, facilities, and software

 

that permit distance learning and meetings, and group decision

 

making.

 

     (f) Special services including the rental of department

 

exhibits and collections.

 

     (g) Application fees.

 

     (h) Grants, gifts, and bequests, including those for capital

 

projects.

 

     (2) The funds received under this section shall be deposited

 

in and expended from the history, arts, and libraries fund

 

established in section 216 of this article.

 


     Sec. 216. (1) A fund known as the history, arts, and libraries

 

fund is created in the department. The fund shall be used to

 

receive and expend funds in addition to those authorized in part 1.

 

All funds are allocated for expenditure upon receipt. The fund

 

balance may be carried forward for expenditure in subsequent fiscal

 

years.

 

     (2) The department shall provide a report to the senate and

 

house of representatives appropriations subcommittees on history,

 

arts, and libraries of all revenues to and expenditures from the

 

history, arts, and libraries fund. The report shall include an

 

estimated fund balance for the fiscal year ending September 30,

 

2008. The report is due November 1, 2008.

 

     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 senate and house of representatives 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 senate and house of

 

representatives 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. It is the intent of the legislature to explore

 

supplemental fund sourcing options for the department of history,

 

arts, and libraries.

 

     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 shall publish the proposed minutes of

 

the Michigan film advisory commission on the Internet within 8

 

business days after the meeting to which the minutes refer.

 

Approved minutes of the Michigan film advisory commission shall be

 

posted on the Internet within 8 business days after their approval.

 

     Sec. 222. 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. 223. 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. 224. (1) The department of history, arts, and libraries

 

shall collaborate with the state board of education, the department

 

of human services, the department of community health, and the

 


department of labor and economic growth 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 after-school initiative's report of

 

December 15, 2003.

 

     (2) From the funds appropriated in part 1, $0.00 may be used

 

to support the Michigan after-school partnership. This allocation

 

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 co-

 

chairs, representing the department, the state board of education,

 

the department of human services, the department of labor and

 

economic growth, 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 Michigan department of history, arts, and libraries. 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.

 


 

 

MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS

 

     Sec. 401. (1) The MCACA in the department shall administer the

 

arts and cultural grants appropriated in part 1.

 

     (2) The MCACA shall render fair and independent decisions

 

concerning arts and cultural grant requests and shall do all of the

 

following:

 

     (a) Use published criteria to evaluate program quality,

 

including all of the following:

 

     (i) The department's intended goals and outcomes for each

 

program.

 

     (ii) The department's quantifiable measures of success in

 

meeting the intended goals and outcomes.

 

     (b) Seek to award grants on an equitable geographic basis to

 

the extent possible given the quality of grant applications

 

received.

 

     (c) Give priority to projects that serve multiple counties,

 

leverage significant additional public and private investment, or

 

demonstrate a significant potential to increase tourism or attract

 

or retain businesses or residents.

 

     (3) The MCACA shall not award a grant unless the proposed

 

grant recipient agrees to both of the following:

 

     (a) The grant will not be used to fund a project or activity

 

that includes a display of human waste on religious symbols, a

 

display of a sex act, or a depiction of flag desecration.

 

     (b) Grant funding will not be used to create or promote a

 

specific work that includes a display or depiction for which

 


funding is prohibited under subdivision (a).

 

     (4) The MCACA shall provide for fair, equitable, and efficient

 

distribution of funds granted through the regional regranting

 

program. The MCACA shall provide for an annual assessment of grant

 

management and distribution of mini-grant awards by designated

 

regional regranting agencies and review the methodology employed.

 

     (5) The MCACA shall continue and expand its efforts to

 

encourage and support nonprofit arts and cultural organizations to

 

transition from solely volunteer-based organizations to

 

professionally directed operations. Criteria for support include

 

the requirement of collaboration between these organizations and

 

other community organizations.

 

     (6) The department shall withhold undistributed grant payments

 

from a grant recipient who violates the terms of the agreement

 

required under subsection (3) and may disqualify the grant

 

recipient from award of future grants for a period of not more than

 

3 years.

 

     Sec. 402. The MCACA may award grants to counties, cities,

 

villages, townships, community foundations and organizations in the

 

following categories:

 

     (a) Anchor organization program for organizations that serve

 

regional and statewide audiences. Anchor organizations shall

 

demonstrate a commitment to education, to mentoring smaller

 

organizations, and to reaching underserved audiences.

 

     (b) Arts projects program.

 

     (c) Arts and learning program.

 

     (d) Artists in residence for education program.

 


     (e) Arts organization development program.

 

     (f) Capital improvement program.

 

     (g) Local arts agencies services program.

 

     (h) Regional regranting program.

 

     (i) Partnership program.

 

     (j) Rural arts and cultural program.

 

     (k) Cultural projects program.

 

     (l) Historical society projects program.

 

     (m) Discretionary grants program.

 

     (n) Cultural and ethnic heritage centers and museums.

 

     Sec. 403. (1) From the state funds appropriated in part 1 for

 

arts and cultural grants, no 1 organization may receive more than

 

15% of this funding.

 

     (2) The MCACA shall make every effort to provide total grant

 

awards in the anchor organization program at a level not to exceed

 

70% of the total amount appropriated for arts and cultural grants.

 

     (3) As documented in the audit report that is submitted as

 

part of the grant application process, the total of all grants

 

awarded to any organization receiving grants within the anchor

 

organization program may not exceed 15% of their "total

 

unrestricted revenues, gains, and other support", as defined by the

 

financial accounting standards board in the accounting standards

 

for not-for-profit organizations or equivalent accounting standards

 

for other types of eligible organizations.

 

     (4) Before any amount appropriated for arts and cultural

 

grants in part 1 may be expended for a grant to an eligible

 

recipient, the department shall execute a grant agreement with the

 


recipient. The grant agreement shall identify the projects funded,

 

specify the category in section 402 under which the grant is

 

awarded, and include the prohibitions and sanctions identified in

 

section 401(3) and (6).

 

     Sec. 404. Grant applicants must meet and adhere to the

 

following requirements:

 

     (a) Each applicant shall pay a nonrefundable application fee

 

of $300.00 or 3% of the desired grant amount, whichever is less.

 

Application fees shall be deposited in the history, arts, and

 

libraries fund established in section 216. The department may use

 

the application fee to offset its direct and indirect costs.

 

     (b) An applicant for a grant under the anchor organization

 

program shall submit with the application the applicant's most

 

recent annual audit report which states their "total unrestricted

 

revenues, gains, and other support", as defined by the financial

 

accounting standards board in the accounting standards for not-for-

 

profit organizations or equivalent accounting standards for other

 

types of eligible organizations. The audit report must cover an

 

audit period that ends within 18 months of the date of the

 

application.

 

     (c) Each applicant shall identify proposed matching funds from

 

local and/or private sources on a dollar-for-dollar basis. The

 

dollar-for-dollar match may include the reasonable value of

 

services, materials, and equipment as allowed under the federal

 

internal revenue code for charitable contributions.

 

     Sec. 405. Each grant recipient shall provide the MCACA with

 

the following:

 


     (a) Proof of the entire amount of the matching funds,

 

services, materials, or equipment by the end of the award period.

 

     (b) Within 30 days following the end of the grant period, a

 

final report that includes the following:

 

     (i) Project revenues and expenditures including grant matching

 

fund amounts.

 

     (ii) Number of patrons attracted or benefiting during the grant

 

period.

 

     (iii) A narrative summary of each project and its outcome.

 

     (c) By April 7 of the grant year, each recipient of a grant

 

greater than $100,000.00 shall submit an interim report that

 

includes the items identified in subdivision (b).

 

     Sec. 406. (1) The department shall make the following reports:

 

     (a) A report identifying the website location that contains a

 

list of all grant recipients, sorted by county. This report shall

 

be provided to each legislator within 1 business day of the

 

announcement of annual awards by the MCACA.

 

     (b) A report to the senate and house of representatives

 

appropriations subcommittees, the state budget office, and the

 

fiscal agencies, within 30 days after the MCACA announces the

 

annual grant awards, that includes all of the following:

 

     (i) A listing of each applicant.

 

     (ii) The county of residence of the applicant.

 

     (iii) The amount requested.

 

     (iv) The amount awarded.

 

     (v) The grant category under which an applicant applied.

 

     (vi) A summary of projects funded for each recipient.

 


     (vii) The expected number of patrons for an applicant during

 

the grant period.

 

     (viii) The amount of matching funds proposed by each applicant.

 

     (ix) A listing containing the applicant, county of residence of

 

the applicant, and amount awarded for any regranted funds in the

 

preceding fiscal year.

 

     (c) An annual report to the appropriations subcommittees, the

 

state budget office, and the fiscal agencies is due when materials

 

are first distributed by the MCACA seeking grant applications for

 

the subsequent fiscal year. The report shall contain the following:

 

     (i) The MCACA guidelines for awarding grants.

 

     (ii) A summary of any changes in the program guidelines from

 

the previous fiscal year.

 

     (2) The council shall report to the chairpersons of the senate

 

and house of representatives appropriations subcommittees on

 

history, arts, and libraries by August 1 all unexpended or

 

unencumbered discretionary grant funding that is available. The

 

council shall not redistribute any unexpended or unencumbered grant

 

funds during the fiscal year without a 10-day notice to the

 

chairpersons of the senate and house of representatives

 

appropriations subcommittees on history, arts, and libraries.

 

 

 

MICHIGAN HISTORICAL PROGRAM

 

     Sec. 501. The federal funds appropriated in part 1 for the

 

historic site preservation grants are for work projects and shall

 

not lapse at the end of the fiscal year but shall continue to be

 

available for expenditure until the projects for which the funds

 


were reserved have been completed or are terminated. The purpose of

 

these work projects is the identification, designation, and

 

preservation of historic resources. The method used will be to

 

solicit applications, score applications based upon established

 

criteria, and award subgrants. The department shall execute a grant

 

agreement with each recipient. The total cost is $85,000.00, and

 

the tentative completion date is September 30, 2008.

 

     Sec. 502. Funds collected by the department under sections 6,

 

7, and 7a of 1913 PA 271, MCL 399.6, 399.7, and 399.7a, are

 

appropriated to the department for the purposes for which they were

 

received, are allocated for expenditure upon receipt and may be

 

carried forward for expenditure in subsequent fiscal years.

 

     Sec. 503. For the purposes of administering the museum store

 

as provided in section 7a of 1913 PA 271, MCL 399.7a, the

 

department is exempt from section 261 of the management and budget

 

act, 1984 PA 431, MCL 18.1261.

 

     Sec. 505. From the funds appropriated in part 1 for historical

 

administration and services, $25,000.00 shall be allocated to

 

support the operations of the Michigan freedom trail commission as

 

specified in section 4 of the Michigan freedom trail commission

 

act, 1998 PA 409, MCL 399.84. These funds shall be used to

 

reimburse commission members, to pay for necessary contractual

 

services of the commission, and to hire not more than 1.0 FTE

 

position in the department's Michigan historical center to support

 

commission operations.

 

     Sec. 506. Proceeds in excess of costs incurred in the conduct

 

of auctions, sales, or transfers of artifacts no longer considered

 


suitable for the collections of the state historical museum are

 

appropriated to the department and may be expended upon receipt for

 

additional material for the collection. The department shall notify

 

the chairpersons, vice chairpersons, and minority vice chairpersons

 

of the senate and house of representatives appropriations

 

subcommittees on history, arts, and libraries 1 week prior to any

 

auctions or sales.

 

     Sec. 507. Unless prohibited by law, the department shall make

 

available to the historical society of Michigan the use of the

 

Michigan history magazine subscriber list, or a portion of the

 

Michigan history magazine subscriber list, at a cost not to exceed

 

the actual expense incurred for providing a single mailing.

 

 

 

LIBRARY OF MICHIGAN

 

     Sec. 601. In order to receive subregional state aid as

 

appropriated in part 1 to the library of Michigan, a subregional

 

library's fiscal agency must agree to maintain local funding

 

support at the same level in the current fiscal year as in the

 

fiscal agency's preceding fiscal year. If a reduction in

 

expenditures equally affects all agencies in a local unit of

 

government that is the subregional library's fiscal agency, that

 

reduction shall not be interpreted as a reduction in local support

 

and shall not disqualify a subregional library from receiving state

 

aid under part 1. If a reduction in income affects a library

 

cooperative or district library that is a subregional library's

 

fiscal agency or a reduction in expenditures for the subregional

 

library's fiscal agency, a reduction in expenditures for the

 


subregional library shall not be interpreted as a reduction in

 

local support and shall not disqualify a subregional library from

 

receiving state aid under part 1.

 

     Sec. 602. The funds appropriated in part 1 for a subregional

 

library shall not be released until a budget for that subregional

 

library has been approved by the department for expenditures for

 

library services directly serving the blind and persons with

 

disabilities.

 

     Sec. 603. Of the funds appropriated in part 1 for state aid to

 

libraries, payments to cooperative libraries under section 13 of

 

the state aid to public libraries act, 1977 PA 89, MCL 397.563,

 

shall be made in an amount not less than 75.7% of payments for that

 

purpose in fiscal year 2006-2007, and other distributions from the

 

funds appropriated for state aid to libraries shall be adjusted

 

accordingly.

 

 

 

MACKINAC ISLAND STATE PARK COMMISSION

 

     Sec. 701. There is appropriated $200,000.00 from the Mackinac

 

Island State Park operations fees fund to the Mackinac Island state

 

park commission, historic projects division, revenue bond fund for

 

infrastructure improvements.

 

 

 

 

 

ARTICLE 10

 

DEPARTMENT OF HUMAN SERVICES

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,


 

the amounts listed in this part are appropriated for the department

 

of human services for the fiscal year ending September 30, 2008,

 

from the funds indicated in this part. The following is a summary

 

of the appropriations in this part:

 

DEPARTMENT OF HUMAN SERVICES

 

APPROPRIATION SUMMARY:

 

   Full-time equated classified positions........ 9,248.5

 

   Unclassified positions............................ 5.0

 

   Total full-time equated positions............. 9,253.5

 

GROSS APPROPRIATION.................................... $  4,430,617,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         2,416,000

 

ADJUSTED GROSS APPROPRIATION........................... $  4,428,201,900

 

   Federal revenues:

 

Total federal revenues.................................     3,115,465,500

 

   Special revenue funds:

 

Total private revenues.................................         9,039,200

 

Total local revenues...................................        45,996,400

 

Total other state restricted revenues..................        72,298,600

 

State general fund/general purpose..................... $  1,185,402,200

 

   Sec. 102. EXECUTIVE OPERATIONS

 

   Total full-time equated positions............... 473.3

 

   Full-time equated unclassified positions.......... 5.0

 

   Full-time equated classified positions.......... 468.3

 

Unclassified salaries--5.0 FTE positions............... $        537,200

 


Salaries and wages--326.3 FTE positions................        18,813,000

 

Contractual services, supplies, and materials..........         5,900,500

 

Demonstration projects--9.0 FTE positions..............         8,035,800

 

Inspector general salaries and wages--106.0 FTE

 

   positions............................................         5,752,400

 

Electronic benefit transfer EBT........................         7,333,600

 

Office of professional development--12.0 FTE positions.         2,352,200

 

Michigan community service commission--15.0 FTE

 

   positions............................................         9,233,700

 

State office of administrative hearings and rules......         3,238,000

 

GROSS APPROPRIATION.................................... $     61,196,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        40,585,300

 

   Special revenue funds:

 

Total private revenues.................................         2,199,600

 

Total local revenues...................................           175,000

 

Total other state restricted revenue...................            25,000

 

State general fund/general purpose..................... $     18,211,500

 

   Sec. 103. CHILD SUPPORT ENFORCEMENT

 

   Full-time equated classified positions.......... 213.7

 

Child support enforcement operations--207.7 FTE

 

   positions............................................ $     23,136,900

 

Legal support contracts................................       139,753,600

 

Child support incentive payments.......................        32,409,600

 

State disbursement unit--6.0 FTE positions.............        18,505,800

 

GROSS APPROPRIATION.................................... $    213,805,900

 


    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       186,113,100

 

   Special revenue funds:

 

Total local revenues...................................           340,000

 

Total restricted revenues..............................         2,625,000

 

State general fund/general purpose..................... $     24,727,800

 

   Sec. 104. COMMUNITY ACTION AND ECONOMIC OPPORTUNITY

 

   Full-time equated classified positions........... 17.0

 

Bureau of community action and economic

 

   opportunity--17.0 FTE positions...................... $      1,920,700

 

Community services block grant.........................        27,068,000

 

Weatherization assistance..............................        18,418,700

 

GROSS APPROPRIATION.................................... $     47,407,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        45,057,400

 

   Special revenue funds:

 

State general fund/general purpose..................... $      2,350,000

 

   Sec. 105. ADULT AND FAMILY SERVICES

 

   Full-time equated classified positions........... 76.2

 

Executive direction and support--6.0 FTE positions..... $        525,700

 

Domestic violence prevention and treatment--5.5 FTE

 

   positions............................................        14,759,200

 

Rape prevention and services...........................         2,600,000

 

Guardian contract......................................           600,000

 

Adult services policy and administration--6.0 FTE

 


   positions............................................           625,700

 

Income support policy and administration--28.7 FTE

 

   positions............................................         4,716,700

 

Employment and training support services...............        30,259,300

 

Wage employment verification reporting.................           848,700

 

Urban and rural empowerment/enterprise zones...........               100

 

Nutrition education....................................        13,100,000

 

Marriage initiative....................................         2,475,000

 

Fatherhood initiative..................................         1,725,000

 

Crisis prevention and elder law of Michigan food for

 

   the elderly project..................................           170,000

 

Jobs, education and training expansion--30.0 FTE

 

   positions............................................        16,182,800

 

GROSS APPROPRIATION.................................... $     88,588,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from DCH - crime victims fund......................         1,300,000

 

   Federal revenues:

 

Total federal revenues.................................        55,745,700

 

   Special revenue funds:

 

State general fund/general purpose..................... $     31,542,500

 

   Sec. 106. CHILDREN'S SERVICES

 

   Full-time equated classified positions........... 92.5

 

Salaries and wages--29.7 FTE positions................. $      1,839,600

 

Contractual services, supplies, and materials..........           928,700

 

Foster care payments...................................       170,361,700

 

Wayne County foster care payments......................        56,710,500

 


Adoption subsidies.....................................       237,375,700

 

Adoption support services--7.7 FTE positions...........        14,354,700

 

Youth in transition--2.0 FTE positions.................        13,263,700

 

Interstate compact.....................................           231,600

 

Children's benefit fund donations......................            21,000

 

Teenage parent counseling--2.3 FTE positions...........         3,815,800

 

Families first.........................................        16,946,700

 

Child safety and permanency plan.......................        16,286,700

 

Strong families/safe children..........................        13,395,300

 

Child protection/community partners--18.3 FTE

 

   positions............................................         5,539,400

 

Zero to three..........................................         3,843,800

 

Family group decision making...........................         2,454,700

 

Family reunification program...........................         3,977,100

 

Family preservation and prevention services

 

   administration--14.5 FTE positions...................         2,255,300

 

Black child and family institute.......................           100,000

 

Children's trust fund administration--9.0 FTE

 

   positions............................................         1,027,300

 

Children's trust fund grants...........................         3,825,100

 

ECIC, early childhood investment corporation...........        14,823,000

 

Attorney general contract..............................         3,329,300

 

Prosecuting attorney contracts.........................         1,061,700

 

Subsidized guardianship program........................         3,075,000

 

Child protection--5.0 FTE positions....................           800,000

 

Child welfare improvements.............................         5,813,100

 

Title IV-E compliance and accountability office--4.0

 


   FTE positions........................................           320,000

 

GROSS APPROPRIATION.................................... $    597,776,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       345,089,100

 

   Special revenue funds:

 

Private - children's benefit fund donations............            21,000

 

Private - collections..................................         3,100,000

 

Local funds - county chargeback........................        43,669,400

 

Children's trust fund..................................         3,801,600

 

State general fund/general purpose..................... $    202,095,400

 

   Sec. 107. JUVENILE JUSTICE SERVICES

 

   Full-time equated classified positions........... 51.5

 

Child care fund........................................ $    201,656,200

 

Child care fund administration--5.8 FTE positions......           772,300

 

County juvenile officers...............................         3,890,400

 

Community support services--2.0 FTE positions..........         1,495,600

 

Juvenile justice field staff, administration and

 

   maintenance--25.0 FTE positions......................         3,429,100

 

Federally funded activities--13.7 FTE positions........         1,859,500

 

W.J. Maxey memorial fund...............................            45,000

 

Juvenile accountability incentive block grant--1.0

 

   FTE positions........................................         1,297,600

 

Committee on juvenile justice administration--4.0

 

   FTE positions........................................           510,300

 

Committee on juvenile justice grants...................         5,000,000

 

GROSS APPROPRIATION.................................... $    219,956,000

 


    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        95,669,700

 

   Special revenue funds:

 

Total private revenues.................................            45,000

 

State general fund/general purpose..................... $    124,241,300

 

   Sec. 108. LOCAL OFFICE STAFF AND OPERATIONS

 

   Full-time equated classified positions........ 7,547.9

 

Field staff, salaries and wages--7,279.1 FTE positions. $    370,937,000

 

Contractual services, supplies, and materials..........        17,299,700

 

Medical/psychiatric evaluations........................         4,300,000

 

Donated funds positions--131.0 FTE positions...........        10,769,400

 

Training and program support--49.0 FTE positions.......         7,200,100

 

Food stamp reinvestment--78.8 FTE positions............         7,343,800

 

Wayne County gifts and bequests........................           100,000

 

Volunteer services and reimbursement...................         1,294,900

 

SSI advocates--10.0 FTE positions......................           888,700

 

SSI pilot project for legal aid society................               100

 

GROSS APPROPRIATION.................................... $    420,133,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       245,088,800

 

   Special revenue funds:

 

Local funds - donated funds............................         1,812,000

 

Private funds - donated funds..........................           643,900

 

Private funds - Wayne County gifts.....................           100,000

 

Private funds - hospital contributions.................         2,929,700

 


Supplemental security income recoveries................           675,200

 

State general fund/general purpose..................... $    168,884,100

 

   Sec. 109. DISABILITY DETERMINATION SERVICES

 

   Full-time equated classified positions.......... 568.4

 

Disability determination operations--545.9 FTE

 

   positions............................................ $     82,346,600

 

Medical consultation program--18.4 FTE positions.......         2,660,900

 

Retirement disability determination--4.1 FTE positions.           827,000

 

GROSS APPROPRIATION.................................... $     85,834,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from DMB - office of retirement systems............         1,116,000

 

ADJUSTED GROSS APPROPRIATION........................... $     84,718,500

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        81,911,500

 

   Special revenue funds:

 

State general fund/general purpose..................... $      2,807,000

 

   Sec. 110. CENTRAL SUPPORT ACCOUNTS

 

Rent................................................... $     41,581,300

 

Occupancy charge.......................................         8,910,500

 

Travel.................................................         5,420,800

 

Equipment..............................................           277,300

 

Worker's compensation..................................         4,059,000

 

Advisory commissions...................................            17,900

 

Human resources optimization user charges..............           652,000

 

Payroll taxes and fringe benefits......................       242,660,600

 


GROSS APPROPRIATION.................................... $    303,579,400

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................       182,235,100

 

   Special revenue funds:

 

State general fund/general purpose..................... $    121,344,300

 

   Sec. 111. OFFICE OF CHILDREN AND ADULT LICENSING

 

   Full-time equated classified positions.......... 213.0

 

AFC, children's welfare and day care

 

   licensure--213.0 FTE positions....................... $      23,210,300

 

GROSS APPROPRIATION.................................... $     23,210,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        11,828,600

 

   Special revenue funds:

 

Restricted - licensing fees............................           832,900

 

Restricted - health systems fees and collections.......           499,400

 

State general fund/general purpose..................... $     10,049,400

 

   Sec. 112. PUBLIC ASSISTANCE

 

   Full-time equated classified positions............ 2.9

 

Family independence program............................ $    352,989,100

 

State disability assistance payments...................        36,369,700

 

Food assistance program benefits.......................     1,221,340,900

 

State supplementation..................................        58,692,000

 

State supplementation administration...................         2,477,100

 

Low-income home energy assistance program..............       116,451,600

 

Food bank funding......................................           525,000

 


Homeless shelter contracts.............................        11,646,700

 

Multicultural assimilation funding.....................         1,715,500

 

Indigent burial........................................         4,931,900

 

Emergency services local office allocations............        20,865,500

 

Refugee assistance program--2.9 FTE positions..........        12,715,800

 

Day care services......................................       392,553,900

 

GROSS APPROPRIATION.................................... $  2,233,274,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................     1,727,977,400

 

   Special revenue funds:

 

Child support collections..............................        50,911,200

 

Supplemental security income recoveries................         9,318,300

 

Public assistance recoupment revenue...................         3,610,000

 

State general fund/general purpose..................... $    441,457,800

 

   Sec. 113. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $    100,419,600

 

Child support automation...............................        53,545,200

 

GROSS APPROPRIATION.................................... $    153,964,800

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        98,163,800

 

   Special revenue funds:

 

State general fund/general purpose..................... $     55,801,000

 

   Sec. 114. BUDGETARY SAVINGS

 

Budgetary savings...................................... $     (18,109,900)

 

GROSS APPROPRIATION.................................... $    (18,109,900)

 


    Appropriated from:

 

   Special revenue funds:

 

State general fund/general purpose..................... $    (18,109,900)

 

 

 

 

 

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 $1,257,700,800.00 and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $123,730,383.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF HUMAN SERVICES

 

PERMANENCY FOR CHILDREN

 

Child care fund........................................ $    117,930,100

 

County juvenile officers...............................         3,570,783

 

OPPORTUNITY FOR ADULTS TO LIVE AND WORK IN THE COMMUNITY

 

State disability program............................... $       2,229,500

 

TOTAL.................................................. $    123,730,383

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "AFC" means adult foster care.

 


     (b) "Department" means the department of human services.

 

     (c) "ECIC" means early childhood investment corporation.

 

     (d) "FTE" means full-time equated.

 

     (e) "GED" means general educational development.

 

     (f) "JET" means jobs, education and training program.

 

     (g) "RSDI" means retirement survivors disability insurance.

 

     (h) "SSI" means supplemental security income.

 

     (i) "Temporary assistance for needy families" or "TANF" or

 

"title IV-A" means part A of title IV of the social security act,

 

42 USC 601 to 604, 605 to 608, and 609 to 619.

 

     (j) "Title IV-D" means part D of title IV of the social

 

security act, 42 USC 651 to 655, and 656 to 669b.

 

     (k) "Title IV-E" means part E of title IV of the social

 

security act, 42 USC 670 to 673, 673b to 679, and 679b.

 

     (l) "VA" means veterans affairs.

 

     Sec. 204. The department of civil service shall bill the

 

department 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. 207. At least 60 days before beginning any effort to

 

privatize services, the department shall submit a complete project

 

plan to the appropriate senate and house of representatives

 

appropriations subcommittees and the senate and house fiscal

 

agencies. The plan shall include the criteria under which the

 

privatization initiative will be evaluated. Sanctions, suspensions,

 

conditions for provisional license status, and other penalties

 

shall not be more stringent for private service providers than for

 

public entities performing equivalent or similar services. Private

 

service providers or licensees shall not be granted preferential

 

treatment or deemed automatically in compliance with administrative

 

rules based on whether they have collective bargaining agreements

 

with direct care workers. Private service providers or licensees

 

without collective bargaining agreements shall not be subjected to

 

additional requirements or conditions of licensure based on their

 

lack of such collective bargaining agreements. The evaluation shall

 

be completed and submitted to the appropriate senate and house of

 

representatives appropriations subcommittees and the senate and

 

house fiscal agencies within 9 months.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this article.

 

This shall include transmission of reports via electronic mail,

 

including a link to the Internet site, to the recipients identified

 

for each reporting requirement, or it may include placement of

 

reports on the Internet or Intranet site. On an annual basis, the

 


department shall provide a cumulative listing of the reports to the

 

house and senate appropriations subcommittees and the house and

 

senate fiscal agencies and policy offices.

 

     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 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. 212. In addition to funds appropriated in part 1 for all

 

programs and services, there is appropriated for write-offs of

 

accounts receivable, deferrals, and for prior year obligations in

 

excess of applicable prior year appropriations, an amount equal to

 

total write-offs and prior year obligations, but not to exceed

 

amounts available in prior year revenues or current year revenues

 

that are in excess of the authorized amount.

 

     Sec. 213. (1) The department may retain all of the state's

 


share of food assistance overissuance collections as an offset to

 

general fund/general purpose costs. Retained collections shall be

 

applied against federal funds deductions in all appropriation units

 

where department costs related to the investigation and recoupment

 

of food assistance overissuances are incurred. Retained collections

 

in excess of such costs shall be applied against the federal funds

 

deducted in the executive operations appropriation unit.

 

     (2) The department shall report to the legislature during the

 

senate and house budget hearings on the status of the food stamp

 

error rate. The report shall include at least all of the following:

 

     (a) An update on federal sanctions and federal requirements

 

for reinvestment due to the food stamp error rate.

 

     (b) Review of the status of training for employees who

 

administer the food assistance program.

 

     (c) An outline of the past year's monthly status of worker to

 

food stamp cases and monthly status of worker to food stamp

 

applications.

 

     (d) Information detailing the effect and change in staffing

 

due to the early retirement option.

 

     (e) Corrective action through policy, rules, and programming

 

being taken to reduce the food stamp error rate.

 

     (f) Any other information regarding the food stamp error rate,

 

including information pertaining to technology and computer

 

applications used for the food assistance program.

 

     Sec. 214. (1) The department shall submit a report to the

 

chairpersons of the senate and house appropriations subcommittees

 

on the department budget, the senate and house fiscal agencies and

 


policy offices, and the state budget director on the details of

 

allocations within program budgeting line items and within the

 

salaries and wages line items in all appropriation units. The

 

report shall include a listing, by account, dollar amount, and fund

 

source, of salaries and wages; longevity and insurance; retirement;

 

contractual services, supplies, and materials; equipment; travel;

 

and grants within each program line item appropriated for the

 

fiscal year ending September 30, 2008.

 

     (2) On a bimonthly basis, the department shall report on the

 

number of FTEs in pay status by type of staff.

 

     Sec. 215. If a legislative objective of this article or the

 

social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be

 

implemented without loss of federal financial participation because

 

implementation would conflict with or violate federal regulations,

 

the department shall notify the state budget director, the house

 

and senate appropriations committees, and the house and senate

 

fiscal agencies and policy offices of that fact.

 

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

 

state, out-of-state travel for the fiscal year ending September 30,

 

2008 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

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

 

for law enforcement purposes.

 

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

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

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

 


increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

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

 

staff that is not available within this state.

 

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

 

funds.

 

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

 

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

 

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

 

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

 

to the senate and house standing committees on appropriations.

 

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

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

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

 

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

 

submitted to the 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) The department shall prepare an annual report on

 

the TANF federal block grant. The report shall include projected

 

expenditures for the current fiscal year, an accounting of any

 

previous year funds carried forward, and a summary of all

 

interdepartmental or interagency agreements relating to the use of

 

TANF funds. The report shall be forwarded to the state budget

 

director and the house and senate appropriations subcommittees on

 

the department budget and the house and senate fiscal agencies and

 

policy offices within 10 days after presentation of the executive

 

budget.

 

     (2) The state budget director shall give prior written notice

 

to the members of the house and senate appropriations subcommittees

 

for the department and to the house and senate fiscal agencies and

 

policy offices of any proposed changes in utilization or

 

distribution of TANF funding or the distribution of TANF

 

maintenance of effort spending relative to the amounts reflected in

 

the annual appropriations acts of all state agencies where TANF

 

funding is appropriated. The written notice shall be given not less

 

than 30 days before any changes being made in the funding

 


allocations. This prior notice requirement also applies to new

 

plans submitted in response to federal TANF reauthorization or

 

replacement by an equivalent federal law.

 

     Sec. 220. (1) In contracting with faith-based organizations

 

for mentoring or supportive services, and in all contracts for

 

services, the department shall ensure that no funds provided

 

directly to institutions or organizations to provide services and

 

administer programs shall be used or expended for any sectarian

 

activity, including sectarian worship, instruction, or

 

proselytization.

 

     (2) If an individual requests the service and has an objection

 

to the religious character of the institution or organization from

 

which the individual receives or would receive services or

 

assistance, the department shall provide the individual within a

 

reasonable time after the date of the objection with assistance or

 

services and which are substantially the same as the service the

 

individual would have received from the organization.

 

     (3) The department shall ensure that faith-based organizations

 

are able to apply and compete for services, programs, or contracts

 

that they are qualified and suitable to fulfill. The department

 

shall not disqualify faith-based organizations solely on the basis

 

of the religious nature of their organization or their guiding

 

principles or statements of faith.

 

     (4) The department shall follow guidelines related to faith-

 

based involvement established in 42 USC 604a.

 

     Sec. 221. If the revenue collected by the department from

 

private and local sources exceeds the amount spent from amounts

 


appropriated in part 1, the revenue may be carried forward, with

 

approval from the state budget director, into the subsequent fiscal

 

year.

 

     Sec. 223. The department shall make a determination of

 

Medicaid eligibility not later than 60 days after all information

 

to make the determination is received from the applicant when

 

disability is an eligibility factor. For all other Medicaid

 

applicants, the department shall make a determination of Medicaid

 

eligibility not later than 45 days after all information to make

 

the determination is received from the applicant.

 

     Sec. 224. The department shall approve or deny a Medicaid

 

application for a patient of a nursing home within 45 days after

 

the receipt of the necessary information.

 

     Sec. 225. The department shall develop a rapid redetermination

 

process for nursing home residents whose Medicaid stay is greater

 

than 90 days. This process shall be implemented not later than

 

January 1, 2008.

 

     Sec. 227. The department, with the approval of the state

 

budget director, is authorized to realign sources of financing

 

authorizations in order to maximize temporary assistance for needy

 

families' maintenance of effort countable expenditures. This

 

realignment of financing shall not be made until 15 days after

 

notifying the chairs of the house and senate appropriations

 

subcommittees on the department budget and house and senate fiscal

 

agencies, and shall not produce an increase or decrease in any

 

line-item expenditure authorization.

 

     Sec. 259. 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. 262. (1) The department, in conjunction with county

 

department of human services boards of directors and the department

 

of management and budget, shall implement a plan to assist local

 

services delivery effectiveness and efficiency by maximizing use of

 

state resources while responding to unique needs in geographic

 

regions of the state. The department shall work with the department

 

of management and budget to reduce unnecessary layers of

 

management, such as zone offices or regional offices that may have

 

assumed their functions before eliminating county offices,

 

particularly when those county office closures would subject

 

clients and residents to lengthy travel in order to meet or consult

 

with their caseworker. Savings resulting from the plan shall be

 

allocated to county offices to fund additional frontline workers.

 

     (2) The department shall not close county offices in Presque

 

Isle County or other counties where closure would subject clients

 

to undue travel burdens.

 

     Sec. 264. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 269. If title IV-D-related child support collections are

 

escheated, the state budget director is authorized to adjust the

 

sources of financing for the funds appropriated in part 1 for legal

 


support contracts to reduce federal authorization by 66% of the

 

escheated amount and increase general fund/general purpose

 

authorization by the same amount. This budget adjustment is

 

required to offset the loss of federal revenue due to the escheated

 

amount being counted as title IV-D program income in accordance

 

with federal regulations at 45 CFR 304.50.

 

     Sec. 270. (1) The department shall continue to implement a

 

plan to provide client-centered results-oriented programs and

 

services for each of the following programs:

 

     (a) Day care assistance.

 

     (b) Family independence program.

 

     (c) Adoption subsidy.

 

     (d) Foster care.

 

     (e) Juvenile justice services.

 

     (f) JET pilot program and other welfare reform activities.

 

     (2) The plan shall include detailed information to be compiled

 

on an annual basis by the department on the following for each

 

program listed in subsection (1):

 

     (a) The average cost per recipient served by the program.

 

     (b) Measurable performance indicators for each program.

 

     (c) Desired outcomes or results and goals for each program

 

that can be measured on an annual basis, or desired results for a

 

defined number of years.

 

     (d) Monitored results for each program.

 

     (e) Innovations for each program that may include savings or

 

reductions in administrative costs.

 

     (3) During the annual budget presentation, the department

 


shall provide the senate and house appropriations subcommittees on

 

the department budget the information listed in subsection (2).

 

     Sec. 271. (1) The department shall report to the senate and

 

house appropriations subcommittees on the department budget, the

 

senate and house standing committees on human services, the senate

 

and house fiscal agencies, the senate and house policy offices, and

 

the state budget director on the progress of child and family

 

services reviews (CFSR). The reviews, conducted in the state by the

 

children's bureau of the United States department of health and

 

human services, are intended to assess the department's compliance

 

with the adoption and safe families act of 1997, Public Law 105-89,

 

111 Stat. 2115, with the ultimate goal of improving the state child

 

welfare system and the safety, permanency, and child and family

 

service outcomes to children and families. The report shall be

 

submitted January 1 and July 1.

 

     (2) The report required under subsection (1) shall include the

 

findings and progress of all of the following:

 

     (a) Changes made by the courts with respect to court forms and

 

court rules to meet the statutory requirement.

 

     (b) Department policy changes within the areas of foster care,

 

juvenile justice, and adoption to meet the statutory requirements.

 

     (c) Recommendations made by a workgroup composed of department

 

and other agency stakeholders.

 

     (d) A summary of the 7 systemic factors that determine the

 

state's compliance with the adoption and safe families act of 1997,

 

Public Law 105-89, 111 Stat. 2115.

 

     (e) A summary of the 7 data outcome indicators used to

 


determine the state's compliance with the adoption and safe

 

families act of 1997, Public Law 105-89, 111 Stat. 2115, including

 

the length of time required to achieve family reunification for

 

foster care cases.

 

     (f) Federal recommendations made to the state, including

 

recommendations to the courts.

 

     (g) Federal penalties assessed against the state for

 

noncompliance.

 

     (h) Status of the performance improvement plan submitted to

 

the federal government.

 

     Sec. 272. (1) The department shall report to the senate and

 

house appropriations subcommittees on the department budget, the

 

senate and house standing committees on human services, the senate

 

and house fiscal agencies, the senate and house policy offices, and

 

the state budget director on the result of the title IV-E foster

 

care eligibility reviews. The reviews, conducted in the state by

 

the United States department of health and human services, are

 

intended to assess the department's compliance with the adoption

 

and safe families act of 1997, Public Law 105-89, 111 Stat. 2115,

 

ensuring the department's case files and payments records meet

 

federal regulations, including standards on eligibility for

 

placement reimbursement and the allowable payment rate. The report

 

shall be submitted January 1 and July 1.

 

     (2) The report required under subsection (1) shall include the

 

findings and progress of all of the following:

 

     (a) Training programs conducted by the department, the child

 

welfare institute, the Michigan judicial institute, and any private

 


agencies that have been authorized to provide training.

 

     (b) Changes made by the courts on court forms and rules used

 

in meeting the statutory requirements.

 

     (c) Department policy changes that impact meeting the

 

statutory requirements for foster care and adoption, including

 

juvenile justice programs.

 

     (d) Recommendations for better compliance with federal

 

standards and increased eligibility for federal money made by a

 

department workgroup composed of representatives from the

 

department and other departments and agencies.

 

     (e) Federal recommendations submitted to the state, including

 

recommendations to the courts.

 

     (f) Federal penalties assessed against the state.

 

     (g) Changes in policies or practices resulting in additional

 

federal money, and how much additional federal money was received.

 

     (h) Any federal warnings or notices of potential sanctions or

 

penalties that may be imposed unless corrective state action is

 

taken.

 

     (i) Measures taken to prevent or avoid sanctions.

 

     Sec. 273. (1) On a timely basis, the department shall report

 

to the senate and house standing committees on human services and

 

the senate and house appropriations subcommittees with oversight on

 

the department budget regarding policy changes made to implement

 

the provisions of enacted legislation, including the annual

 

appropriation for the department budget.

 

     (2) Not later than July 1, 2008, the department shall report

 

to the senate and house appropriations subcommittees on the

 


department budget, the senate and house fiscal agencies and policy

 

offices, and the state budget director with copies of the annual

 

regulatory plan submitted to the state office of administrative

 

hearings and rules according to section 53 of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.253.

 

     (3) Money for preparation of the regulatory plan shall be

 

provided solely in section 102 of the funds appropriated in part 1.

 

Money appropriated in part 1 shall not be used to prepare a

 

regulatory plan or promulgate rules that exceed statutory authority

 

granted to the department. If the department fails to comply with

 

the provisions of section 39(1) of the administrative procedures

 

act of 1969, 1969 PA 306, MCL 24.239, no funds shall be expended

 

for further preparation of that regulatory plan or the promulgation

 

of rules for that regulatory plan.

 

     (4) Money appropriated in part 1 shall not be used to prepare

 

a regulatory plan or promulgate rules that fail to reduce the

 

disproportionate economic impact on small businesses as required in

 

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

 

306, MCL 24.240.

 

     (5) Money appropriated in part 1 shall not be used to prepare

 

a regulatory plan or promulgate rules that grant preferences to

 

private providers of services based on whether that private

 

provider has a collective bargaining agreement with its workers.

 

     Sec. 278. (1) The department shall contract with 1 or more

 

private consulting firms for revenue maximization services for all

 

caseload services currently provided by the department, including

 

services expanded such as the SSI advocacy program. A contract

 


under this section shall specify that the contractor locate waste,

 

fraud, error, and abuse within the department's services and

 

programs.

 

     (2) A contractor shall not charge the department a fee for

 

services provided under subsection (1). However, a contractor shall

 

receive a negotiated percentage of the savings not to exceed 25% of

 

the gross savings achieved from implementation of a recommendation

 

made by the contractor under this section.

 

     (3) The department shall retain up to $7,500,000.00 of savings

 

achieved through the revenue maximization services contract as an

 

offset to general fund/general purpose costs. Additional savings

 

shall be allocated within the department for the following

 

purposes:

 

     (a) Technology programs that help maintain an effective and

 

efficient computer system for caseworkers.

 

     (b) Additional staff in order to reduce worker-to-case ratios.

 

     (4) The department shall provide a report to the senate and

 

house appropriations subcommittees on the department budget, senate

 

and house standing committees on human services matters, senate and

 

house fiscal agencies and policy offices, and state budget director

 

by December 31, 2007 on the waste, fraud, error, and abuse located

 

under subsection (1). By April 1, 2008, the department shall

 

provide a progress report including the specific changes

 

implemented to achieve savings under this section and the timetable

 

for implementation of the remaining changes.

 

     Sec. 279. All contracts relating to human services entered

 

into or renewed by the department on or after October 1, 2007 shall

 


be performance-based contracts that employ a client-centered

 

results-oriented process that is based on measurable performance

 

indicators and desired outcomes and includes the annual assessment

 

of the quality of services provided. During the annual budget

 

presentation, the department shall provide the senate and house

 

appropriations subcommittees on the department budget with the

 

measurable performance indicators, desired outcomes, and the

 

assessment of the quality of services provided for each contract

 

relating to human services entered into by the department during

 

fiscal year 2007-2008.

 

     Sec. 280. The department shall submit a report to the house

 

and senate appropriations subcommittees for the department budget,

 

the house and senate fiscal agencies, the house and senate policy

 

offices, and the state budget director by February 1, 2008 on the

 

status of the department's information technology improvement

 

initiatives, including the "Bridges" integration project. The

 

report shall include details on the following:

 

     (a) The amounts expended during the previous fiscal year and

 

the first quarter of the current fiscal year by project.

 

     (b) The amounts of appropriations carried forward from

 

previous fiscal years for information technology improvement

 

projects.

 

     (c) A narrative describing the projects and activities

 

undertaken during the previous fiscal year and during the first

 

quarter of the current fiscal year.

 

     Sec. 281. 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.

 

     Sec. 282. It is the intent of the legislature that FTE

 

reductions in fiscal year 2007-2008 for the department shall be

 

limited to FTE changes that result from funding contained in part 1

 

of this article. Any future impact on FTEs resulting from early

 

retirement legislation shall be first used to offset layoffs and

 

other reductions already incurred by the department, and subsequent

 

vacancies shall be replaced on a 1-for-1 basis.

 

 

 

COMMUNITY ACTION AND ECONOMIC OPPORTUNITY

 

     Sec. 301. Not later than September 30 of each year, the

 

department shall submit for public hearing to the chairpersons of

 

the house and senate appropriations subcommittees dealing with

 

appropriations for the department budget the proposed use and

 

distribution plan for community services block grant funds

 

appropriated in part 1 for the succeeding fiscal year.

 

     Sec. 302. The department shall develop a plan based on

 

recommendations from the department of civil rights and from Native

 

American organizations to assure that the community services block

 

grant funds are equitably distributed. The plan must be developed

 

by October 31, 2007, and the plan shall be delivered to the

 

appropriations subcommittees on the department budget in the senate

 

and house, the senate and house fiscal agencies, and the state

 

budget director.

 

     Sec. 303. (1) From the money appropriated in part 1, the

 

department shall award up to $500,000.00 in competitive grants to

 


organizations based on their education and outreach with the earned

 

income tax credit (EITC). Organizations shall be given preference

 

based on their emphasis on clients who have never filed for the

 

EITC, clients with children, and clients for whom receipt of the

 

EITC will make it easier for them to move off public assistance.

 

     (2) In addition to the money referred to in subsection (1),

 

the department shall award up to $250,000.00 in competitive grants

 

to organizations that seek to provide programs combining education

 

on the EITC with programs building skills for strong marriages,

 

fatherhood, or parenting.

 

     Sec. 304. From funds appropriated in part 1 for demonstration

 

projects, the department shall expend up to $78,500.00 in TANF to

 

fund a school-based crisis intervention demonstration project in

 

Pontiac.

 

     Sec. 305. (1) The appropriation in part 1 for the

 

weatherization program shall be expended so that at least 25% of

 

the households weatherized under the program shall be households of

 

families receiving 1 or more of the following:

 

     (a) Family independence program assistance.

 

     (b) State disability assistance.

 

     (c) Food assistance.

 

     (d) Supplemental security income.

 

     (2) From the money appropriated in part 1 for low-income home

 

energy assistance program, $3,000,000.00 shall be allocated to

 

community action agencies for weatherization services.

 

     Sec. 306. Of the funds appropriated in part 1 for

 

demonstration projects, the department shall allocate $200,000.00

 


to support the kinship care resource center administered by the

 

Michigan state university school of social work. Funding is

 

contingent upon the center's reporting of necessary data to the

 

department to demonstrate TANF or maintenance of effort

 

eligibility. The center shall submit quarterly reports to the

 

department detailing expenditures from this appropriation and

 

reviewing program outcomes including the number of families served

 

through counseling, respite care, and other services as well as the

 

number provided with information on kinship care. The department

 

shall submit each quarterly report to the house and senate

 

appropriations subcommittees on the department budget by January

 

15, April 15, July 15, and October 15 of each year.

 

     Sec. 307. (1) Of the money appropriated in part 1 for

 

demonstration projects, $100,000.00 shall be distributed as

 

provided in subsection (2). The amount distributed under this

 

subsection shall not exceed 50% of the total operating expenses of

 

the program described in subsection (2), with the remaining 50%

 

paid by local United Way organizations and other nonprofit

 

organizations and foundations.

 

     (2) Money distributed under subsection (1) shall be

 

distributed to Michigan 2-1-1, a nonprofit corporation organized

 

under the laws of this state that is exempt from federal income tax

 

under section 501(c)(3) of the internal revenue code, 26 USC

 

501(c)(3), and whose mission is to coordinate and support a

 

statewide 2-1-1 system. Michigan 2-1-1 shall use the money only to

 

fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1

 

in January 2005.

 


     (3) Michigan 2-1-1 shall report annually to the department and

 

the house and senate standing committees with primary jurisdiction

 

over matters relating to human services and telecommunications on

 

2-1-1 system performance, including, but not limited to, call

 

volume by community health and human service needs and unmet needs

 

identified through caller data and customer satisfaction metrics.

 

 

 

ADULT AND FAMILY SERVICES

 

     Sec. 415. (1) In expending money appropriated in part 1 for

 

the fatherhood initiative, the department may contract with

 

independent contractors from various counties, including, but not

 

limited to, faith-based and nonprofit organizations. The

 

independent contractors shall provide at least 10% in matching

 

funds, through any combination of local, state, or federal funds or

 

in-kind or other donations. An independent contractor that cannot

 

secure matching funds shall not be excluded from consideration for

 

the fatherhood program.

 

     (2) The department may choose providers that will work with

 

counties to help eligible fathers under TANF guidelines to acquire

 

skills that will enable them to increase their responsible behavior

 

toward their children and the mothers of their children. An

 

increase of financial support for their children should be a very

 

high priority as well as emotional support.

 

     (3) A fatherhood initiative program established under this

 

section shall minimally include at least 3 of the following

 

components: promoting responsible, caring, and effective parenting

 

through counseling; mentoring and parental education; enhancing the

 


abilities and commitment of unemployed or low-income fathers to

 

provide material support for their families and to avoid or leave

 

welfare programs by assisting them to take advantage of job search

 

programs, job training, and education to improve their work habits

 

and work skills; improving fathers' ability to effectively manage

 

family business affairs by means such as education, counseling, and

 

mentoring in household matters; infant care; effective

 

communication and respect; anger management; children's financial

 

support; and drug-free lifestyle.

 

     (4) The department is authorized to make allocations of TANF

 

funds, of not more than 20% per county, under this section only to

 

agencies that report necessary data to the department for the

 

purpose of meeting TANF eligibility reporting requirements.

 

     (5) Upon receipt of any available federal or restricted funds,

 

the department shall use the program criteria set forth in

 

subsection (3) to implement the program with the federal funds.

 

     Sec. 416. (1) In expending money appropriated in part 1 for

 

the marriage initiative, the department may contract with

 

independent contractors from various counties, including, but not

 

limited to, faith-based and nonprofit organizations. The

 

independent contractors shall provide at least 10% in matching

 

funds, through any combination of local, state, or federal funds or

 

in-kind or other donations. An independent contractor that cannot

 

secure matching funds shall not be excluded from consideration for

 

a marriage initiative program.

 

     (2) The department may choose providers to work with counties

 

that will work to support and strengthen marriages of those

 


eligible under the TANF guidelines. The areas of work may include,

 

but are not limited to, marital counseling, domestic violence

 

counseling, family counseling, effective communication, and anger

 

management as well as parenting skills to improve the family

 

structure.

 

     (3) A marriage initiative program established under this

 

section may include, but is not limited to, 1 or more of the

 

following: public advertising campaigns on the value of marriage

 

and the skills needed to increase marital stability and health;

 

education in high schools on the value of marriage, relationship

 

skills, and budgeting; premarital, marital, family, and domestic

 

violence counseling; effective communication; marriage mentoring

 

programs which use married couples as role models and mentors in

 

at-risk communities; anger management; and parenting skills to

 

improve the family structure.

 

     (4) The department is authorized to make allocations of TANF

 

funds, of not more than 20% per county, under this section only to

 

agencies that report necessary data to the department for the

 

purpose of meeting TANF eligibility reporting requirements.

 

     (5) Upon receipt of any available federal or restricted funds,

 

the department shall use the program criteria set forth in

 

subsection (3) to implement the program with the federal funds.

 

     Sec. 418. From the funds appropriated in part 1 for employment

 

and training support services, the department may expand the

 

availability of individual development accounts (IDAs) with

 

$200,000.00 for allocation to qualified IDA programs established

 

through the Michigan IDA partnership to serve TANF eligible

 


households in Michigan. The Michigan IDA partnership shall

 

encourage each TANF eligible household served to claim the federal

 

earned income tax credit (EITC) and to incorporate all or part of

 

any tax credit received in the household's IDA savings plan, and

 

shall provide the household with information concerning available

 

free tax assistance resources. In addition, the Michigan IDA

 

partnership and its program sites shall participate in community

 

EITC coalitions established under the plan to increase the EITC

 

participation of TANF families referenced in section 666. The same

 

amount shall be appropriated annually to further expand IDA

 

opportunities to low-income families to become more financially

 

self-sufficient through financial education, saving, wise

 

investment in home ownership, postsecondary education, small

 

business development, or a combination of those programs.

 

     Sec. 419. The department in collaboration with the Michigan

 

State University center for urban affairs and its partner

 

organizations, the Michigan credit union league and the national

 

federation of community development credit unions, shall further

 

the work begun in fiscal year 1999-2000 that implemented the

 

individual development accounts programs in the growing number of

 

low-income designated credit unions, i.e., community development

 

credit unions (CDCUs) located in this state's poorest communities.

 

This further work will extend capacity-building and technical

 

assistance services to existing and emerging CDCUs serving low-

 

income populations and will include:

 

     (a) Creation of a Michigan-based support system for the

 

capacity-building of existing and emerging CDCUs serving low-income

 


individuals and families, including development and testing of

 

training, technical assistance, and professional development

 

initiatives and related materials, and other capacity-building

 

services to Michigan CDCUs.

 

     (b) Other related support to assist existing and emerging

 

CDCUs in becoming self-supporting institutions to assist

 

impoverished Michigan residents in becoming economically

 

independent.

 

     (c) Training and technical assistance to CDCUs in the

 

development of support services, such as economic literacy, credit

 

counseling, budget counseling, and asset management programs for

 

low-income individuals and families.

 

     Sec. 420. From the funds appropriated in part 1 for employment

 

and training support services, the department may allocate

 

$40,000.00 in TANF for welfare to career innovation grants to

 

replicate the Kent County model with Cascade engineering.

 

     Sec. 423. (1) From the money appropriated in part 1 for crisis

 

prevention and senior food aid projects, the department shall

 

allocate $75,000.00 to support ongoing efforts in Barry County to

 

provide programs to women or children, or both, facing crisis

 

situations as a result of domestic violence or abuse.

 

     (2) From the money appropriated in part 1 for crisis

 

prevention and senior food aid projects, the department shall

 

allocate not less than $70,000.00 to assist this state's elderly

 

population to participate in the food assistance program. The money

 

may be used as state matching funds to acquire available United

 

States department of agriculture funding to provide outreach

 


program activities, such as eligibility screen and information

 

services, as part of a statewide food stamp hotline.

 

     (3) Of the funds appropriated in part 1 for crisis prevention

 

and senior food aid projects, the department shall allocate

 

$25,000.00 for a food aid outreach project in Muskegon County and

 

$25,000.00 for a food aid outreach project in Kent County.

 

     Sec. 424. Of the funds appropriated in part 1 for employment

 

and training, $200,000.00 in TANF funds may be used for the

 

effective family formation program by the child and family resource

 

council in Kent County for the purpose of instructing unwed parents

 

in developing family formation and sustaining behaviors.

 

 

 

CHILDREN'S SERVICES

 

     Sec. 501. The following goal is established by state law.

 

During fiscal year 2007-2008, not more than 3,000 children

 

supervised by the department shall remain in foster care longer

 

than 24 months. The department shall give priority to reducing the

 

number of children under 1 year of age in foster care. During the

 

annual budget presentation, the department shall report on the

 

number of children supervised by the department and by private

 

agencies who remain in foster care between 12 and 24 months, and

 

those who remain in foster care longer than 24 months.

 

     Sec. 502. From the funds appropriated in part 1 for foster

 

care, the department shall provide 50% reimbursement to Indian

 

tribal governments for foster care expenditures for children who

 

are under the jurisdiction of Indian tribal courts and who are not

 

otherwise eligible for federal foster care cost sharing.

 


     Sec. 503. The department shall continue adoption subsidy

 

payments to families after the eighteenth birthday of an adoptee

 

who meets the following criteria:

 

     (a) Has not yet graduated from high school or passed a high

 

school equivalency examination.

 

     (b) Is making progress toward completing high school.

 

     (c) Has not yet reached his or her nineteenth birthday.

 

     (d) Is not eligible for federal supplemental security income

 

(SSI) payments.

 

     Sec. 504. The department's ability to satisfy appropriation

 

deducts in part 1 for foster care private collections shall not be

 

limited to collections and accruals pertaining to services provided

 

only in the current fiscal year but shall include revenues

 

collected during the fiscal year in excess of the amount specified

 

in part 1.

 

     Sec. 508. (1) In addition to the amount appropriated in part 1

 

for children's trust fund grants, money granted or money received

 

as gifts or donations to the children's trust fund created by 1982

 

PA 249, MCL 21.171 to 21.172, is appropriated for expenditure.

 

     (2) The state child abuse and neglect prevention board may

 

initiate a joint project with another state agency to the extent

 

that the project supports the programmatic goals of both the state

 

child abuse and neglect prevention board and the state agency. The

 

department may invoice the state agency for shared costs of a joint

 

project in an amount authorized by the state agency, and the state

 

child abuse and neglect prevention board may receive and expend

 

funds for shared costs of a joint project in addition to those

 


authorized by part 1.

 

     (3) From the funds appropriated in part 1 for the children's

 

trust fund, the department may utilize interest and investment

 

revenue from the current fiscal year only for programs,

 

administration, services, or all sanctioned by the child abuse and

 

neglect prevention board.

 

     (4) The department and the child abuse and neglect prevention

 

board shall collaborate to ensure administrative delays are avoided

 

and the local grant recipients and direct service providers receive

 

money in an expeditious manner. The department and the board shall

 

seek to have the children's trust fund grants distributed no later

 

than October 31, 2007.

 

     Sec. 509. (1) From the funds appropriated in part 1, the

 

department shall not expend funds to preserve or reunite a family,

 

unless there is a court order requiring the preservation or

 

reuniting of the family or the court denies the petition, if either

 

of the following would result:

 

     (a) A child would be living in the same household with a

 

parent or other adult who has been convicted of criminal sexual

 

conduct against a child.

 

     (b) A child would be living in the same household with a

 

parent or other adult against whom there is a substantiated charge

 

of sexual abuse against a child.

 

     (2) Notwithstanding subsection (1), this section shall not

 

prohibit counseling or other services provided by the department,

 

if the service is not directed toward influencing the child to

 

remain in an abusive environment, justifying the actions of the

 


abuser, or reuniting the family.

 

     Sec. 510. The department shall not be required to put up for

 

bids contracts with service providers if currently only 1 provider

 

in the service area exists.

 

     Sec. 513. (1) The department shall not expend funds

 

appropriated in part 1 to pay for the placement of a child in an

 

out-of-state facility unless all of the following conditions are

 

met:

 

     (a) There is no appropriate placement available in this state,

 

while an out-of-state placement does exist within 100 miles of the

 

child's home.

 

     (b) The out-of-state facility meets all of the licensing

 

standards of this state for a comparable facility.

 

     (c) The out-of-state facility meets all of the applicable

 

licensing standards of the state in which it is located.

 

     (d) The department has done an on-site visit to the out-of-

 

state facility, reviewed the facility records, and reviewed

 

licensing records and reports on the facility and believes that the

 

facility is an appropriate placement for the child.

 

     (2) The department shall submit a report by February 1 of each

 

year on the number of children who were newly placed in out-of-

 

state facilities during the previous fiscal year, the number of

 

Michigan children residing in such facilities at the time of the

 

report, and the total cost and average per diem cost of these out-

 

of-state placements to the state.

 

     Sec. 514. The department shall make a comprehensive report

 

concerning children's protective services (CPS) to the legislature,

 


including the senate and house policy offices and the state budget

 

director, by January 1, 2008, that shall include all of the

 

following:

 

     (a) Statistical information including, at a minimum, all of

 

the following:

 

     (i) The total number of reports of abuse or neglect

 

investigated under the child protection law, 1975 PA 238, MCL

 

722.621 to 722.638, and the number of cases classified under

 

category I or category II and the number of cases classified under

 

category III, category IV, or category V.

 

     (ii) Characteristics of perpetrators of abuse or neglect and

 

the child victims, such as age, relationship, socioeconomic status,

 

race, and ethnicity and whether the perpetrator exposed the child

 

victim to criminal drug activity, including the manufacture of

 

illicit drugs, that exposed the child victim to significant health

 

and environmental hazards.

 

     (iii) The mandatory reporter category in which the individual

 

who made the report fits, or other categorization if the individual

 

is not within a group required to report under the child protection

 

law, 1975 PA 238, MCL 722.621 to 722.638.

 

     (b) New policies related to children's protective services

 

including, but not limited to, major policy changes and court

 

decisions affecting the children's protective services system

 

during the immediately preceding 12-month period.

 

     (c) The information contained in the report required under

 

section 8d(5) of the child protection law, 1975 PA 238, MCL

 

722.628d, on cases classified under category III.

 


     (d) The department policy, or changes to the department

 

policy, regarding termination of parental rights or foster

 

placement for children who have been exposed to the production of

 

illicit drugs in their dwelling place or a place frequented by the

 

children.

 

     (e) The department policy, or changes to the department

 

policy, regarding children who have been exposed to the production

 

or manufacture of methamphetamines.

 

     Sec. 515. (1) From the money appropriated in part 1 for foster

 

care payments and Wayne County foster care payments and related

 

administrative costs, the department shall use performance-based

 

contracts for foster care services with private, nonprofit agencies

 

and other service providers that provided satisfactory services

 

under contract before January 1, 2007. The goal of these contracts

 

shall be to provide incentives for agencies to improve services for

 

children in foster care, but especially to improve the process of

 

finding them quality permanent placements, and reducing their time

 

as foster children. Not later than March 30, 2008, the department

 

shall provide an update to the senate and house appropriations

 

subcommittees on the department budget, the senate and house fiscal

 

agencies and policy offices, and the office of the state budget on

 

benchmarks developed in conjunction with private providers for

 

these performance contracts, results agencies have achieved in

 

improving permanency placements, and recommendations for further

 

improvements for foster care services across the entire state.

 

     (2) Performance-based contracts under subsection (1) shall

 

include the following:

 


     (a) When aggregated, the contracts shall provide coverage for

 

all areas of this state with an emphasis on use of community-based

 

services.

 

     (b) Service providers shall not refuse a client or resident

 

for whom they have the ability, resources, and capacity to care.

 

     (c) Service providers shall maintain or achieve national

 

accreditation for the services or activities they will provide.

 

     (d) Service providers shall agree to provide services if

 

another provider of similar services in a similar region of the

 

state is no longer able to provide services.

 

     (e) Service providers shall designate a specific court and

 

county liaison to respond to performance problems and concerns

 

about specific caseworkers and services. The liaisons shall be

 

identified to all courts and counties where services are provided

 

and shall be readily accessible to judges and chief administrative

 

officers.

 

     (f) Service providers shall have clear performance standards

 

for staff and caseworkers regarding timely and professional

 

interactions with courts that have jurisdiction over children and

 

services provided to children.

 

     (g) Service providers shall establish or maintain quality

 

assurance programs or dispute resolution programs to resolve

 

caseworker performance problems identified by courts.

 

     Sec. 517. (1) From the funds appropriated in part 1, the

 

department is authorized to allocate funds to multipurpose

 

collaborative bodies. Priority for activities and services will be

 

given to at-risk children and families and cases classified by the

 


department as category III or category IV under sections 8 and 8d

 

of the child protection law, 1975 PA 238, MCL 722.628 and 722.628d.

 

     (2) Funds appropriated in part 1 for zero to three may be used

 

to fund community-based collaborative prevention services designed

 

to do any of the following:

 

     (a) Foster positive parenting skills especially for parents of

 

children under 3 years of age.

 

     (b) Improve parent/child interaction.

 

     (c) Promote access to needed community services.

 

     (d) Increase local capacity to serve families at risk.

 

     (e) Improve school readiness.

 

     (f) Support healthy family environments that discourage

 

alcohol, tobacco, and other drug use.

 

     (3) The appropriation provided for in subsection (2) is to

 

fund secondary prevention programs as defined in the children's

 

trust fund's preapplication materials for fiscal year 2007-2008

 

direct services grants.

 

     (4) Projects funded through the appropriation provided for in

 

subsection (2) shall meet all of the following criteria:

 

     (a) Be awarded through a joint request for proposal process

 

established by the department in conjunction with the children's

 

trust fund and the state human services directors.

 

     (b) Be secondary prevention initiatives. Funds are not

 

intended to be expended in cases in which neglect or abuse has been

 

substantiated.

 

     (c) Demonstrate that the planned services are part of a

 

community's integrated comprehensive family support strategy

 


endorsed by the local multipurpose collaborative body.

 

     (d) Provide a 25% local match of which not more than 10% is

 

in-kind goods or services unless the maximum percentage is waived

 

by the state human services directors.

 

     (5) As used in this section, "state human services directors"

 

means the director of the department of community health, the

 

director of the department of education, and the director of the

 

department.

 

     Sec. 523. (1) From the funds appropriated in part 1 for youth

 

in transition, domestic violence prevention and treatment, and

 

teenage parent counseling, the department is authorized to make

 

allocations of TANF funds only to the agencies that report

 

necessary data to the department for the purpose of meeting TANF

 

eligibility reporting requirements.

 

     (2) The agencies receiving teenage parent counseling TANF

 

funds shall report to the department on both of the following:

 

     (a) Whether program services have impacted the following issue

 

areas:

 

     (i) The number of teen participants having fewer repeat

 

pregnancies.

 

     (ii) The completion rate for high school diplomas or GEDs.

 

     (iii) The teen participants' rate of self-sufficiency.

 

     (iv) The number of father participants.

 

     (b) How many teens participate in the programs and have access

 

to any or all of the following services:

 

     (i) Adult supervised, supportive living arrangements.

 

     (ii) Pregnancy prevention services or referrals.

 


     (iii) Required completion of high school or receipt of GED,

 

including child care to assist young mothers to focus on

 

achievement.

 

     (iv) Support services, including, but not limited to, health

 

care, transportation, and counseling.

 

     (v) Parenting and life-skills training.

 

     (vi) Education, job training, and employment services.

 

     (vii) Transition services in order to achieve self-sufficiency.

 

     (viii) Instruction on self-protection.

 

     (3) Agencies receiving teenage parent counseling funds shall

 

provide at least 10% in matching funds, through any combination of

 

local, state, or federal funds or in-kind or other donations.

 

     Sec. 524. The department shall report on prevention programs

 

for which funds are appropriated in part 1 to the senate and house

 

appropriations subcommittees on the department budget during the

 

annual budget presentation. The report shall contain all of the

 

following for each program:

 

     (a) The average cost per recipient served.

 

     (b) Measurable performance indicators.

 

     (c) Desired outcomes or results and goals that can be measured

 

on an annual basis, or desired results for a defined number of

 

years.

 

     (d) Monitored results.

 

     (e) Innovations that may include savings or reductions in

 

administrative costs.

 

     Sec. 531. (1) From the funds appropriated in part 1, the

 

department shall make claims for and pay to local units of

 


government a portion of federal title IV-E revenues earned as a

 

result of eligible costs incurred by local units of government.

 

     (2) The department shall make payments under subsection (1)

 

only to local units of government that have entered into formal

 

agreements with the department. The agreement must include all of

 

the following:

 

     (a) Provide for the department to retain 50% of the federal

 

revenues earned.

 

     (b) Provide for department review and approval of the local

 

unit's plan for allocating costs to title IV-E.

 

     (c) Provide for the local unit of government to submit bills

 

at times, and in the format, specified by the department.

 

     (d) Specify that the local unit of government is responsible

 

for meeting all federal title IV-E regulation requirements.

 

     (e) Be signed by the director of the department, the chief

 

executive officer of the local government agency providing the

 

title IV-E services, the chair of the county board of

 

commissioners, and the chief executive officer of the county.

 

     Sec. 532. (1) The department, in collaboration with

 

representatives of private child and family agencies, shall revise

 

and improve the annual licensing review process and the annual

 

contract compliance review process for child placing agencies and

 

child caring institutions. The improvement goals shall be safety

 

and care for children. Improvements to the review process shall be

 

directed toward alleviating administrative burdens so that agency

 

resources may be focused on children. The revision shall include

 

identification of duplicative staff activities and information

 


sought from child placing agencies and child caring institutions in

 

the annual review process.

 

     (2) The department shall develop a streamlined licensing

 

contract compliance review process where possible, including

 

potential for utilizing deeming status for nationally accredited

 

child placing agencies. The department shall report to the senate

 

and house appropriations subcommittees on the department budget,

 

the senate and house fiscal agencies and policy offices, and the

 

state budget director on or before January 15, 2008 on the

 

implementation of the licensing and contract compliance review

 

process.

 

     (3) The department shall develop a plan to license placements

 

of foster children living with relatives to ensure consistent high

 

standards of care for those children. The department shall report

 

on the plan to the senate and house appropriations subcommittees

 

with oversight over the department budget, the senate and house

 

standing policy committees generally concerned with children's

 

issues, the senate and house fiscal agencies and policy offices,

 

and the state budget director during the annual budget process.

 

     Sec. 533. (1) The department shall make payments to private

 

nonprofit child placing facilities for title IV-E out-of-home care

 

services within 30 days of receiving all necessary documentation

 

from those agencies.

 

     (2) The department shall explore various types of automated

 

payments to private nonprofit child placing facilities to improve

 

speed and accuracy of payments.

 

     Sec. 536. The department shall not implement a geographically

 


based assignment system for foster care unless determined to be in

 

the best interests of the foster children.

 

     Sec. 537. (1) The well-being of the individual foster child in

 

a safe and secure environment shall be the highest priority for all

 

placements.

 

     (2) The department, in conjunction with private, nonprofit

 

child placing agencies and other service providers that provided

 

satisfactory services under contract before January 1, 2007, shall

 

develop goals, objectives, and performance standards to evaluate

 

achievements and results in providing quality foster care for

 

children, reductions in their time in foster care, and better

 

permanency placements.

 

     (3) The department shall submit a report to the senate and

 

house appropriations subcommittees with oversight over the

 

department budget, the senate and house standing policy committees

 

generally concerned with children's issues, the senate and house

 

fiscal agencies and policy offices, and the state budget director

 

on the goals, objectives, and performance standards developed under

 

subsection (2) and the results or outcomes of using the measures.

 

The report shall be submitted during the annual budget

 

presentations.

 

     (4) The department, in collaboration with child placing

 

agencies, shall develop a strategy to implement section 115o of the

 

social welfare act, 1939 PA 280, MCL 400.115o. The strategy shall

 

include a requirement that a department caseworker responsible for

 

preparing a recommendation to a court concerning a juvenile

 

placement shall provide, as part of the recommendation, information

 


regarding the requirements of section 115o of the social welfare

 

act, 1939 PA 280, MCL 400.115o.

 

     Sec. 539. The department shall work in collaboration with

 

representatives from private nonprofit child placing agencies to

 

ensure appropriate placement for children who have been adjudicated

 

abused, neglected, or delinquent and for whom residential treatment

 

is required. The department and the representatives from the

 

private nonprofit child placing agencies shall focus on statewide

 

placement criteria to address the best interest of the child in

 

need of services. The placement criteria shall include a continuum

 

of care settings and options as appropriate for each child and his

 

or her needs at specific times, including home placements, relative

 

placements, shelter placements, and other options.

 

     Sec. 545. (1) The department shall continue to implement a new

 

specialized foster care system based upon the report and

 

recommendations required in section 545(2) of 2004 PA 344.

 

     (2) Not later than January 15, 2008, the department shall

 

report to the senate and house appropriations subcommittees for the

 

department budget, the standing committees of the senate and the

 

house of representatives with primary jurisdiction over children's

 

issues, and the senate and house fiscal agencies and policy offices

 

on new services available to foster children needing special

 

services. If new services have not been authorized or implemented

 

in the previous calendar year, the department shall provide an

 

explanation and a strategic plan to work with private child placing

 

agencies to provide new services.

 

     (3) The department shall use money appropriated in part 1 for

 


foster care payments and Wayne County foster care payments to

 

reduce rate disparities between providers of similar services in

 

different geographic areas and to serve as demonstration projects

 

for further efforts in reducing these disparities in future years.

 

     Sec. 546. From the money appropriated in part 1 for foster

 

care and Wayne County foster care payments, the department shall

 

pay private nonprofit agencies for new direct foster care services

 

a daily rate of $27.00.

 

     Sec. 548. During the annual budget presentation to the house

 

and senate appropriations subcommittees on the department budget,

 

the department shall report on progress in implementing the

 

recommendations of the task force that studied the disproportionate

 

representation of African-American and other children of color in

 

the child welfare and juvenile justice systems as required under

 

former section 548 of the fiscal year 2005-2006 budget act for the

 

department.

 

     Sec. 549. The department shall meet with personnel employed by

 

the office of the children's ombudsman and the state court

 

administrative office's foster care review board to investigate

 

streamlining the oversight process for child welfare services and

 

to ensure appropriate and adequate oversight while reducing

 

duplication and redundancy between government offices.

 

     Sec. 556. The department shall submit a report to the

 

chairpersons of the senate and house of representatives

 

appropriations committees and the senate and house fiscal agencies

 

and policy offices that includes all of the following:

 

     (a) A description of how the department is complying with

 


federal requirements to notify prospective adoptive parents about

 

adoption subsidies for which those prospective adoptive parents may

 

qualify.

 

     (b) The number of requests received by the department from

 

adoptive parents for funds or reimbursement of costs to attend

 

conferences that include training or discussion of significant

 

adoption issues.

 

     (c) The number of the requests described in subdivision (b)

 

that were approved by the department.

 

     (d) The number of the requests described in subdivision (b)

 

that were denied by the department.

 

     (e) The total amount of money expended on the requests

 

described in subdivision (b) that were approved.

 

     (f) The number of fair hearing requests from adoptive parents

 

received by the department challenging the amount of the adoption

 

subsidy.

 

     (g) The number of challenges described in subdivision (f)

 

alleging that a means test or similar test was used to determine

 

the amount of the adoption subsidy.

 

     (h) The number of challenges described in subdivision (f)

 

alleging that an adoption subsidy amount was reduced without the

 

consent of the adoptive parent.

 

     (i) The number of challenges described in subdivision (f)

 

alleging that a request for an increase in an adoption subsidy

 

amount was denied based on a means test or similar test.

 

     (j) The number of adoption subsidy payments suspended when the

 

child is still in the custody of the adoptive parent, but no longer

 


in the physical care of that adoptive parent.

 

     Sec. 560. Of the amount appropriated in section 108 of part 1

 

for contractual services, supplies, and materials, the department

 

shall expend $350,000.00 to equip current and new child protective

 

services workers with digital audio/video recorders. All district

 

offices shall have at least 1 digital audio/video recorder. All

 

current and future child protective services workers shall be

 

trained in the use of the digital audio/video recorders. Child

 

protective services workers shall use digital audio/video recorders

 

during their investigations if a public safety officer is not

 

present. It is the intent of the legislature that the use of these

 

recorders will safeguard the information discovered during an

 

investigation for future use in judicial procedures, documentation

 

of child abuse and neglect, and removal of children from a home.

 

     Sec. 562. (1) The department shall allow a county to submit a

 

claim for title IV-E foster care funding for a placement in a

 

secure residential facility if the county can demonstrate that the

 

reason for the secure placement is a diagnosed medical necessity

 

and not protection of the public.

 

     (2) The department shall submit a claim for title IV-E foster

 

care funding for a placement in a secure residential facility if

 

the county can demonstrate that the reason for the secure placement

 

is a diagnosed medical necessity and not protection of the public.

 

     Sec. 563. From the funds appropriated in part 1 for foster

 

care payments and related administrative costs, the department may

 

implement the federally approved title IV-E demonstration project

 

waiver.

 


     Sec. 565. (1) From the funds appropriated in part 1 for

 

federally-funded family preservation programs, the department shall

 

allocate $2,000,000.00 to Wayne County to provide home-based

 

programs as part of the county expansion of community-based

 

services to serve the county's adjudicated delinquent and abused

 

and neglected youth.

 

     (2) One-half of the total amount allocated to Wayne County

 

shall be used to serve adjudicated delinquent youth, and 1/2 shall

 

be used to serve abused and neglected youth.

 

     (3) Federal revenues shall be paid to Wayne County as

 

reimbursement for actual costs incurred, consistent with

 

established federal requirements.

 

     (4) As a condition of receipt of federal funds pursuant to

 

subsection (1), Wayne County shall provide the department with a

 

plan for the use of allocated funds in a format to be specified by

 

the department. The county shall also provide the department with

 

all information required to demonstrate the appropriateness and

 

allowability of expenditures and to meet federal financial and

 

programmatic reporting requirements.

 

     Sec. 566. (1) Beginning October 1, 2007, for children who do

 

not have a placement available with a licensed foster care

 

provider, direct foster care services shall be provided under

 

contract with the department by licensed, nonprofit, nationally

 

accredited child placing agencies and other service providers that

 

provided satisfactory services under contract before January 1,

 

2007.

 

     (2) Beginning October 1, 2007, the department shall be

 


responsible for oversight, licensure, and purchase of services for

 

direct foster care for children. The department may also provide

 

direct service and monitoring for children who have been placed

 

with a relative in an unlicensed foster care setting.

 

     (3) Contracts with licensed child placing agencies shall

 

include specific performance and incentive measures with a focus on

 

achieving permanency placement for children in foster care.

 

     Sec. 567. (1) The department shall review all policies,

 

practices, and definitions for residential treatment security

 

levels. The department shall give special consideration to how the

 

levels affect the eligibility for title IV-E funding of residential

 

facilities for both child welfare and juvenile justice youth and

 

whether the policies, practices, and definitions are consistent

 

with federal title IV-E regulations, with the goal of maximizing

 

the amount of federal money available to this state.

 

     (2) In making its review under subsection (1), the department

 

shall research the policies and practices of other states,

 

including Ohio and Virginia, to determine how the states are able

 

to maximize title IV-E money while complying with federal

 

regulations.

 

     Sec. 568. (1) From the money appropriated in part 1 for child

 

welfare improvements, the department shall allow the private sector

 

to compete for all of the money and shall award not less than 50%

 

of the money unless doing so will jeopardize federal funding. In

 

providing and contracting for services for child welfare

 

improvements, the department shall implement specific performance

 

objectives and measurable outcomes that will achieve permanency

 


placement for children in foster care and prioritize funding for

 

children in foster care who have barriers to permanency placement.

 

     (2) Beginning December 31, 2007, the department shall submit a

 

quarterly report to the legislature that includes all of the

 

following:

 

     (a) Information on the number of FTEs that are hired or paid

 

using money from part 1 appropriated for child welfare

 

improvements, what their titles and responsibilities will be, what

 

performance objectives and measurable outcomes they are required to

 

satisfy, and what they are being paid in salaries, wages, and

 

fringe benefits.

 

     (b) Information on any contracts for services that have been

 

awarded with money from part 1 for child welfare improvements and

 

the performance objectives and measurable outcomes that are

 

incorporated in those contracts and the successes or failures that

 

are achieved as a result.

 

     (c) Detailed information on any money spent from the money

 

appropriated in part 1 for child welfare improvements and what

 

measurable outcome is expected for the money being spent.

 

     Sec. 569. Private child placing agencies shall ensure

 

availability and continuity of care in all counties within this

 

state. To accomplish this, private child placing agencies shall

 

individually or collaboratively fund programs or institutions

 

dedicated to providing service in specific counties or regions or

 

both. A stated goal shall be to facilitate placement options within

 

each county that are consistent with the tenets of family

 

reunification.

 


     Sec. 570. (1) From the money appropriated in part 1 for the

 

subsidized guardianship program, the department shall provide

 

subsidies only if a court has found by clear and convincing

 

evidence that 1 or more of the factors in section 19b of chapter

 

XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.19b, is

 

present with respect to a child for whom a subsidized guardianship

 

is proposed.

 

     (2) The department shall report during the annual budget

 

presentation to the senate and house appropriations subcommittees

 

on the department budget the number of guardianship subsidies and

 

recommendations for any modifications in the subsidized

 

guardianship program.

 

     Sec. 571. From the money appropriated in part 1 for the title

 

IV-E compliance and accountability office, the department shall

 

establish an office with the following goals and responsibilities:

 

     (a) Coordinate compliance with federal regulations in order to

 

receive title IV-E money.

 

     (b) Provide necessary technical assistance to local units of

 

government, including courts, to ensure proper handling of cases

 

and paperwork in preparation for federal audits and reviews.

 

     (c) Study efforts in other states to determine best practices

 

for title IV-E-related activities and measures to maximize the

 

receipt of federal money for eligible cases.

 

     (d) Coordinate a program to incentivize private persons,

 

groups, and corporations to make tax-deductible contributions

 

intended to assist foster care families to overcome barriers to

 

becoming licensed and eligible to receive title IV-E money.

 


     Sec. 572. (1) Of the funds appropriated in part 1 for child

 

services reorganization, results and improvement, the department

 

shall allocate $100,000.00 to foster family incentive grants to

 

private and community-based foster service providers. The purpose

 

of these grants shall be to encourage pilot projects that encourage

 

more families to become or remain foster families.

 

     (2) The grants described in subsection (1) shall be used for

 

programs providing 1 or more of the following incentives to foster

 

families as part of their agreement to provide foster care:

 

     (a) Provision of smoking cessation products or counseling to

 

encourage foster families not to smoke.

 

     (b) Assistance in establishing individual development accounts

 

for the purposes allowed in state law.

 

     (c) Participation in wellness or health lifestyle programs

 

offered through private insurance or health maintenance

 

organizations.

 

     (d) Assistance with home improvements necessary to accommodate

 

foster children or foster children with special needs.

 

     (3) Foster service providers shall be encouraged to

 

collaborate with each other, with private interests such as

 

insurance providers, and with nonprofit or government programs such

 

as prison build in the department of corrections to develop

 

innovative ways to meet specific needs of foster families.

 

     Sec. 573. From the money appropriated in part 1, the

 

department shall allow a community collaborative to use strong

 

families safe children program funds for a prevention program that

 

meets standards agreed upon between the community collaborative

 


and county department offices in accordance with federal

 

regulations regarding expenditure of strong families safe children

 

program funds.

 

 

PUBLIC ASSISTANCE

 

     Sec. 601. (1) The department may terminate a vendor payment

 

for shelter upon written notice from the appropriate local unit of

 

government that a recipient's rental unit is not in compliance with

 

applicable local housing codes or when the landlord is delinquent

 

on property tax payments. A landlord shall be considered to be in

 

compliance with local housing codes when the department receives

 

from the landlord a signed statement stating that the rental unit

 

is in compliance with local housing codes and that statement is not

 

contradicted by the recipient and the local housing authority. The

 

department shall terminate vendor payments if a taxing authority

 

notifies the department that taxes are delinquent.

 

     (2) Whenever a client agrees to the release of his or her name

 

and address to the local housing authority, the department shall

 

request from the local housing authority information regarding

 

whether the housing unit for which vendoring has been requested

 

meets applicable local housing codes. Vendoring shall be terminated

 

for those units that the local authority indicates in writing do

 

not meet local housing codes until such time as the local authority

 

indicates in writing that local housing codes have been met.

 

     (3) In order to participate in the rent vendoring programs of

 

the department, a landlord shall cooperate in weatherization and

 

conservation efforts directed by the department or by an energy

 


provider participating in an agreement with the department when the

 

landlord's property has been identified as needing services.

 

     Sec. 603. (1) The department, as it determines is appropriate,

 

shall enter into agreements with energy providers by which cash

 

assistance recipients and the energy providers agree to permit the

 

department to make direct payments to the energy providers on

 

behalf of the recipient. The payments may include heat and electric

 

payment requirements from recipient grants and amounts in excess of

 

the payment requirements.

 

     (2) The department shall establish caps for natural gas, wood,

 

electric heat service, deliverable fuel heat services, and for

 

electric service based on available federal funds.

 

     (3) The department shall review and adjust the standard

 

utility allowance for the state food assistance program to ensure

 

that it reflects current energy costs in the state.

 

     Sec. 604. (1) The department shall operate a state disability

 

assistance program. Except as provided in subsection (3), persons

 

eligible for this program shall include needy citizens of the

 

United States or aliens exempted from the supplemental security

 

income citizenship requirement who are at least 18 years of age or

 

emancipated minors meeting 1 or more of the following requirements:

 

     (a) A recipient of supplemental security income, social

 

security, or medical assistance due to disability or 65 years of

 

age or older.

 

     (b) A person with a physical or mental impairment which meets

 

federal supplemental security income disability standards, except

 

that the minimum duration of the disability shall be 90 days.

 


Substance abuse alone is not defined as a basis for eligibility.

 

     (c) A resident of an adult foster care facility, a home for

 

the aged, a county infirmary, or a substance abuse treatment

 

center.

 

     (d) A person receiving 30-day postresidential substance abuse

 

treatment.

 

     (e) A person diagnosed as having acquired immunodeficiency

 

syndrome.

 

     (f) A person receiving special education services through the

 

local intermediate school district.

 

     (g) A caretaker of a disabled person as defined in subdivision

 

(a), (b), (e), or (f) above.

 

     (2) Applicants for and recipients of the state disability

 

assistance program shall be considered needy if they:

 

     (a) Meet the same asset test as is applied to applicants for

 

the family independence program.

 

     (b) Have a monthly budgetable income that is less than the

 

payment standards.

 

     (3) Except for a person described in subsection (1)(c) or (d),

 

a person is not disabled for purposes of this section if his or her

 

drug addiction or alcoholism is a contributing factor material to

 

the determination of disability. "Material to the determination of

 

disability" means that, if the person stopped using drugs or

 

alcohol, his or her remaining physical or mental limitations would

 

not be disabling. If his or her remaining physical or mental

 

limitations would be disabling, then the drug addiction or

 

alcoholism is not material to the determination of disability and

 


the person may receive state disability assistance. Such a person

 

must actively participate in a substance abuse treatment program,

 

and the assistance must be paid to a third party or through vendor

 

payments. For purposes of this section, substance abuse treatment

 

includes receipt of inpatient or outpatient services or

 

participation in alcoholics anonymous or a similar program.

 

     (4) A refugee or asylee who loses his or her eligibility for

 

the federal supplemental security income program by virtue of

 

exceeding the maximum time limit for eligibility as delineated in 8

 

USC 1612 and who otherwise meets the eligibility criteria under

 

this section shall be eligible to receive benefits under the state

 

disability assistance program.

 

     Sec. 605. The level of reimbursement provided to state

 

disability assistance recipients in licensed adult foster care

 

facilities shall be the same as the prevailing supplemental

 

security income rate under the personal care category.

 

     Sec. 606. County department offices shall require each

 

recipient of state disability assistance who has applied with the

 

social security administration for supplemental security income to

 

sign a contract to repay any assistance rendered through the state

 

disability assistance program upon receipt of retroactive

 

supplemental security income benefits.

 

     Sec. 607. The department's ability to satisfy appropriation

 

deductions in part 1 for state disability assistance/supplemental

 

security income recoveries and public assistance recoupment

 

revenues shall not be limited to recoveries and accruals pertaining

 

to state disability assistance, or family independence assistance

 


grant payments provided only in the current fiscal year, but shall

 

include all related net recoveries received during the current

 

fiscal year.

 

     Sec. 608. Adult foster care facilities providing domiciliary

 

care or personal care to residents receiving supplemental security

 

income or homes for the aged serving residents receiving

 

supplemental security income shall not require those residents to

 

reimburse the home or facility for care at rates in excess of those

 

legislatively authorized. To the extent permitted by federal law,

 

adult foster care facilities and homes for the aged serving

 

residents receiving supplemental security income shall not be

 

prohibited from accepting third-party payments in addition to

 

supplemental security income provided that the payments do not

 

include food, clothing, shelter, or result in a reduction in the

 

recipient's supplemental security income payment.

 

     Sec. 609. The state supplementation level under the

 

supplemental security income program for the personal care/adult

 

foster care and home for the aged categories shall not be reduced

 

during the fiscal year beginning October 1, 2007 and ending

 

September 30, 2008. The legislature shall be notified not less than

 

30 days before any proposed reduction in the state supplementation

 

level.

 

     Sec. 610. In developing good cause criteria for the state

 

emergency relief program, the department shall grant exemptions if

 

the emergency resulted from unexpected expenses related to

 

maintaining or securing employment.

 

     Sec. 611. (1) A provider of indigent burial services may

 


collect additional payment from relatives or other persons on

 

behalf of the deceased if the total additional payment does not

 

exceed $4,000.00.

 

     (2) Any additional payment collected pursuant to subsection

 

(1) shall not increase the maximum charge limit for state payment

 

as established by law.

 

     Sec. 612. For purposes of determining housing affordability

 

eligibility for state emergency relief, a group is considered to

 

have sufficient income to meet ongoing housing expenses if their

 

total housing obligation does not exceed 75% of their total net

 

income.

 

     Sec. 613. (1) From the money appropriated in part 1 for

 

indigent burial services, the maximum reimbursement for an indigent

 

burial shall be $759.00. The reimbursement shall be $485.00 for the

 

funeral director, $162.00 for the cemetery or crematorium, and

 

$112.00 for the provider of the vault.

 

     (2) The department shall work with funeral directors to

 

establish a regional or statewide pilot program that allows

 

flexibility in payments from the family of the deceased and other

 

resources to provide options for different funeral arrangements and

 

payment. The department may deviate from the payment limits

 

established in subsection (1) and section 611 in making payments

 

under the pilot program. The department shall forward a copy of the

 

pilot program plan to the senate and house of representatives

 

appropriations subcommittees with jurisdiction over the department

 

budget not less than 30 days before it is implemented.

 

     Sec. 614. The funds available in part 1 for burial services

 


shall be available if the deceased was an eligible recipient and an

 

application for emergency relief funds was made within 10 days of

 

the burial or cremation of the deceased person. Each provider of

 

burial services shall be paid directly by the department.

 

     Sec. 615. Except as required by federal law or regulations,

 

funds appropriated in part 1 shall not be used to provide public

 

assistance to a person who is an illegal alien. This section shall

 

not prohibit the department from entering into contracts with food

 

banks or emergency shelter providers who may, as a normal part of

 

doing business, provide food or emergency shelter to individuals.

 

     Sec. 617. In operating the family independence program with

 

funds appropriated in part 1, the department shall not approve as a

 

minor parent's adult supervised household a living arrangement in

 

which the minor parent lives with his or her partner as the

 

supervising adult.

 

     Sec. 618. The department may only reduce, terminate, or

 

suspend assistance provided under the social welfare act, 1939 PA

 

280, MCL 400.1 to 400.119b, without prior notice in 1 or more of

 

the following situations:

 

     (a) The only eligible recipient has died.

 

     (b) A recipient member of a program group or family

 

independence assistance group has died.

 

     (c) A recipient child is removed from his or her family home

 

by court action.

 

     (d) A recipient requests in writing that his or her assistance

 

be reduced, terminated, or suspended.

 

     (e) A recipient has been approved to receive assistance in

 


another state.

 

     (f) A change in either state or federal law that requires

 

automatic grant adjustments for classes of recipients.

 

     (g) The only eligible recipient in the household has been

 

incarcerated.

 

     (h) A recipient is no longer a Michigan resident.

 

     (i) A recipient is closed on 1 case to be activated on

 

another.

 

     (j) Federal payments (other than RSDI, railroad retirement, or

 

VA) to the group have begun or increased.

 

     (k) A recipient is disqualified for intentional program

 

violation.

 

     (l) When the department's negative action is upheld in an

 

administrative hearing.

 

     Sec. 619. The department shall exempt from the denial of title

 

IV-A assistance and food assistance benefits, contained in 21 USC

 

862a, any individual who has been convicted of a felony that

 

included the possession, use, or distribution of a controlled

 

substance, after August 22, 1996, provided that the individual is

 

not in violation of his or her probation or parole requirements.

 

Benefits shall be provided to such individuals as follows:

 

     (a) A third-party payee or vendor shall be required for any

 

cash benefits provided.

 

     (b) An authorized representative shall be required for food

 

assistance receipt.

 

     Sec. 620. The department with the approval of the state budget

 

director is authorized to increase federal spending authority for

 


food assistance program benefits if projected caseload spending

 

will exceed the spending authority in part 1. This authorization

 

adjustment shall be made 15 days after notifying the chairs of the

 

house and senate appropriations subcommittees on the department

 

budget and house and senate fiscal agencies.

 

     Sec. 621. Funds appropriated in part 1 may be used to support

 

multicultural assimilation and support services. The department

 

shall distribute all of the funds described in this section based

 

on assessed community needs.

 

     Sec. 627. From the funds appropriated in part 1 for the ECIC,

 

the department shall contract for the creation and support of great

 

start communities. Great start collaborative grants will be awarded

 

by competitive bid process to eligible intermediate school

 

districts in an amount to be determined by ECIC. The ECIC shall

 

provide technical assistance to great start communities through

 

intermediate school districts or other community agencies for the

 

implementation of their great start community needs assessment and

 

strategic plan.

 

     Sec. 631. The department shall maintain policies and

 

procedures to achieve all of the following:

 

     (a) The identification of individuals on entry into the system

 

who have a history of domestic violence, while maintaining the

 

confidentiality of that information.

 

     (b) Referral of persons so identified to counseling and

 

supportive services.

 

     (c) In accordance with a determination of good cause, the

 

waiving of certain requirements of family independence programs

 


where compliance with those requirements would make it more

 

difficult for the individual to escape domestic violence or would

 

unfairly penalize individuals who have been victims of domestic

 

violence or who are at risk of further domestic violence.

 

     Sec. 635. Within 24 hours of receiving all information

 

necessary to process an application for payments for child day

 

care, the department shall determine whether the child day care

 

provider to whom the payments, if approved, would be made, is

 

listed on the child abuse and neglect central registry. If the

 

provider is listed on the central registry, the department shall

 

immediately send written notice denying the applicant's request for

 

child day care payments.

 

     Sec. 640. (1) From the funds appropriated in part 1 for day

 

care services, the department may continue to provide infant and

 

toddler incentive payments to child day care providers serving

 

children from 0 to 2-1/2 years of age who meet licensing or

 

training requirements.

 

     (2) The use of the funds under this section should not be

 

considered an ongoing commitment of funding.

 

     Sec. 643. As a condition of receipt of federal TANF funds,

 

homeless shelters shall collaborate with the department to obtain

 

necessary TANF eligibility information on families as soon as

 

possible after admitting a family to the homeless shelter. From the

 

funds appropriated in part 1 for homeless shelter contracts, the

 

department is authorized to make allocations of TANF funds only to

 

the agencies that report necessary data to the department for the

 

purpose of meeting TANF eligibility reporting requirements.

 


Homeless shelters that do not report necessary data to the

 

department for the purpose of meeting TANF eligibility reporting

 

requirements will not receive reimbursements which exceed the per

 

diem amount they received in fiscal year 2000. The use of TANF

 

funds under this section should not be considered an ongoing

 

commitment of funding.

 

     Sec. 645. An individual or family is considered homeless, for

 

purposes of eligibility for state emergency relief, if living

 

temporarily with others in order to escape domestic violence. For

 

purposes of this section, domestic violence is defined and verified

 

in the same manner as in the department's policies on good cause

 

for not cooperating with child support and paternity requirements.

 

     Sec. 653. From the funds appropriated in part 1 for food

 

assistance, an individual who is the victim of domestic violence

 

and does not qualify for any other exemption may be exempt from the

 

3-month in 36-month limit on receiving food assistance under 7 USC

 

2015. This exemption can be extended an additional 3 months upon

 

demonstration of continuing need.

 

     Sec. 657. (1) The department shall fund a statewide before- or

 

after-school program to provide youth with a safe, engaging

 

environment to motivate and inspire learning outside the

 

traditional classroom setting. Before- or after-school program

 

eligibility is limited to geographic areas near school buildings

 

that do not meet federal no child left behind annual yearly

 

progress (AYP) requirements and that include the before- or after-

 

school programs in the AYP plans as a means to improve outcomes.

 

Before-school programs are limited to elementary school-aged

 


children. Effective before- or after-school programs combine

 

academic, enrichment, and recreation activities to guide learning

 

and inspire children and youth in various activities. The before-

 

or after-school programs can meet the needs of the communities

 

served by the programs.

 

     (2) The department shall work in collaboration with

 

independent contractors to put into practice a program establishing

 

quality before- or after-school programs for children in

 

kindergarten to ninth grades. In order for an independent

 

contractor to receive TANF funds, a child served must be a member

 

of a family with an income that does not exceed 200% of the federal

 

poverty guidelines published by the United States department of

 

health and human services.

 

     (3) The department shall, through a competitive bid process,

 

provide grants or contracts up to $5,000,000.00 in TANF funds for

 

the program based on community needs. A county shall receive no

 

more than 20% of the funds appropriated in part 1 for this program.

 

From the funds appropriated in part 1 for before- or after-school

 

programs within day care services, the department is authorized to

 

make allocations of funds only to the agencies that report

 

necessary data to the department for the purpose of meeting TANF

 

and maintenance of effort eligibility reporting requirements. The

 

use of funds under this section should not be considered an ongoing

 

commitment of funding.

 

     (4) The before- or after-school programs shall include

 

academic assistance, including assistance with reading and writing,

 

and at least 3 of the following topics:

 


     (a) Abstinence-based pregnancy prevention.

 

     (b) Chemical abuse and dependency including nonmedical

 

services.

 

     (c) Gang violence prevention.

 

     (d) Preparation toward future self-sufficiency.

 

     (e) Leadership development.

 

     (f) Case management or mentoring.

 

     (g) Parental involvement.

 

     (h) Anger management.

 

     (5) The department may enter into grants or contracts with

 

independent contractors including, but not limited to, faith-based

 

organizations, boys or girls clubs, schools, or nonprofit

 

organizations. The department shall grant priority in funding

 

independent contractors who secure at least 25% in matching funds.

 

The matching funds may either be fulfilled through local, state, or

 

federal funds, and/or through in-kind or other donations.

 

     (6) A referral to a program may be made by, but is not limited

 

to, any of the following: a teacher, counselor, parent, police

 

officer, judge, or social worker.

 

     (7) By January 30, 2008, the department before- or after-

 

school program expenditures shall be audited and the department

 

shall work in collaboration with independent contractors to provide

 

a report on the before- or after-school program to the senate and

 

house standing committees dealing with human services, the senate

 

and house appropriations subcommittees for the department budget,

 

the senate and house fiscal agencies, and the senate and house

 

policy offices. The report shall include the number of participants

 


and the average cost per participant, as well as changes noted in

 

program participants in any of the following categories:

 

     (a) Juvenile crime.

 

     (b) Aggressive behavior.

 

     (c) Academic achievement.

 

     (d) Development of new skills and interests.

 

     (e) School attendance and dropout rates.

 

     (f) Behavioral changes in school.

 

     Sec. 658. From the funds appropriated in part 1 for day care

 

services, $126,500.00 in TANF funds shall be allocated to Grand

 

Rapids youth commonwealth to support after-school and summer

 

programs at camp O'Malley. As a condition for receiving funds,

 

Grand Rapids youth commonwealth shall comply with all policies and

 

reporting requirements placed on recipients of before- and after-

 

school grants awarded under section 657.

 

     Sec. 660. From the funds appropriated in part 1 for food bank

 

funding, the department is authorized to make allocations of TANF

 

funds only to the agencies that report necessary data to the

 

department for the purpose of meeting TANF eligibility reporting

 

requirements. The agencies that do not report necessary data to the

 

department for the purpose of meeting TANF eligibility reporting

 

requirements will not receive allocations in excess of those

 

received in fiscal year 2000. The use of TANF funds under this

 

section should not be considered an ongoing commitment of funding.

 

     Sec. 665. The department shall partner with the department of

 

transportation and may partner with other entities to use TANF and

 

other sources of available funding to support public transportation

 


needs of TANF-eligible individuals. This partnership shall place a

 

priority on transportation needs for employment or seeking

 

employment or medical or health-related transportation.

 

     Sec. 666. The department shall continue efforts to increase

 

the participation of eligible family independence program

 

recipients in the federal earned income tax credit.

 

     Sec. 668. (1) In coordination with the Michigan alliance of

 

boys and girls clubs, the department shall expend $250,000.00 to

 

make allocations for a statewide collaborative project to develop a

 

community-based program available to children ages 6 to 15.

 

     (2) The department shall make allocations of TANF funds under

 

this section only to agencies that report necessary data to the

 

department for the purpose of meeting the TANF eligibility

 

reporting requirements. The use of TANF funds under this section

 

should not be considered an ongoing commitment.

 

     (3) The department shall grant priority in funding to programs

 

that provide at least 10% in matching funds. The matching funds

 

requirement shall be fulfilled through any combination of local,

 

state, or federal funds or in-kind or other donations. A program

 

that cannot meet the matching requirement shall not be excluded

 

from applying for a contract.

 

     Sec. 669. (1) The department shall distribute cash and food

 

assistance to recipients electronically by using debit cards.

 

     (2) The department shall allocate up to $7,167,500.00 for the

 

annual clothing allowance. The allowance shall be granted to all

 

eligible children as defined by the department.

 

     Sec. 670. The funds appropriated in part 1 for kinship care in

 


the fiscal year ending September 30, 2008 reflect the legislature's

 

commitment to reduce the benefit discrepancy between kinship care

 

and a similar family size within the family independence program

 

(FIP). The legislature recognizes the commitment of relatives to

 

provide family continuity, nurturance, and care for this special

 

population of children who can no longer remain in their parents'

 

care due to abuse, neglect, or other social problems.

 

     Sec. 673. The department shall immediately send notification

 

to a client participating in the state child day care program and

 

his or her child day care provider if the client's eligibility is

 

reduced or eliminated.

 

     Sec. 674. The department shall develop and implement a plan to

 

reduce waste, fraud, and abuse within the child day care program.

 

Beginning December 31, 2007, the department shall report annually

 

to the senate and house appropriations subcommittees for the

 

department budget, the senate and house fiscal agencies and policy

 

offices, and the state budget director on plan details and

 

implementation status.

 

     Sec. 676. (1) The department shall collaborate with the state

 

board of education 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

 

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 and 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 co-chairs 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) 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 senate and house committees on appropriations, the

 

senate and house fiscal agencies and policy offices, and the state

 

budget director.

 

     Sec. 677. The department shall establish a state goal for the

 

percentage of family independence program (FIP) cases involved in

 

employment activities. The percentage established shall not be less

 

than 50%. On a monthly basis, the department shall report to the

 

senate and house appropriations subcommittees on the department

 

budget, the senate and house fiscal agencies and policy offices,

 

and the state budget director on the current percentage of FIP

 

cases involved in employment activities and the current percentage

 

of JET pilot program cases involved in employment activities. If

 

the FIP case percentage is below the goal for more than 2

 

consecutive quarters, the department shall develop a plan to

 

increase the percentage of FIP cases involved in employment-related

 

activities. The department shall deliver the plan during the next

 

annual budget presentation to the senate and house appropriations

 

subcommittees on the department budget.

 

     Sec. 678. (1) The department shall provide the house and

 

senate appropriations subcommittees on the department budget with

 


an annual report on the activities of the ECIC. The report is due

 

by February 1 of each year and shall contain at least the detail of

 

the amounts of grants awarded, the grant recipients, the activities

 

funded by each grant, and an analysis of each grant recipient's

 

success in addressing the development of a comprehensive system of

 

early childhood services and supports.

 

     (2) All contracts for comprehensive systems planning shall be

 

bid out through a statewide request-for-proposal process, and the

 

department shall send a report to the house and senate

 

appropriations subcommittees on the department budget covering the

 

selection criteria for establishing contracts at the time of the

 

issuance of any request for proposals.

 

     Sec. 681. From the money appropriated in part 1, the

 

department shall expend $600,000.00 to revise the distribution of

 

food assistance benefits to implement a staggered food assistance

 

payment schedule that spans 19 days in each month. The department

 

shall work in collaboration with grocers, distributors, and

 

merchants on effective education of food assistance recipients to

 

ensure adequate notice of changes in the food assistance benefits

 

distribution. The department shall update the senate and house

 

appropriations subcommittees on the department budget and standing

 

committees for human services on the progress and issues raised by

 

this change in distribution.

 

     Sec. 682. Funds appropriated in part 1 for the JET program

 

statewide expansion in fiscal year 2007-2008 shall not be allotted

 

and released by the state budget director until savings are

 

achieved and documented from the fiscal year 2006-2007 JET program

 


implementation in counties representing 50% of the state's FIP

 

caseload. The method for documenting JET program savings for fiscal

 

year 2006-2007 shall be proposed by the department and approved by

 

the state budget director. Not later than 30 days before releasing

 

the documented savings, the department shall notify the legislature

 

regarding the JET program savings for fiscal year 2006-2007 and the

 

details on the proposed use of that money.

 

     Sec. 683. (1) From the funds appropriated in part 1 for the

 

family independence program, the department shall allocate 4

 

quarterly payments to the legal aid society of Michigan to assist

 

recipients in qualifying for supplemental security income benefits.

 

     (2) The department shall use the funds in subsection (1) to

 

assist legal aid society of Michigan pilot projects in the

 

following counties: Bay, Kent, Lenawee, Marquette, Mecosta,

 

Saginaw, St. Joseph, and Washtenaw.

 

     (3) If the pilot projects are not demonstrating sufficient

 

progress in assisting recipients to qualify for supplemental

 

security income benefits, or if there are compelling reasons for

 

terminating 1 or more of the projects, funding may be stopped upon

 

not less than 30 days' notice to the legal aid society of Michigan

 

and the senate and house appropriations subcommittees with

 

jurisdiction over the department budget.

 

     (4) The legal aid society of Michigan pilot projects shall

 

work with the department to develop effective performance measures

 

for assisting recipients.

 

     (5) The legal aid society of Michigan pilot projects shall not

 

be required to assist recipients who have submitted multiple

 


applications that have been denied or recipients with clearly

 

deficient applications or grounds for appeal of denial. The legal

 

aid society of Michigan pilot projects shall establish guidelines

 

for refusing further assistance for frivolous applications and

 

shall not encourage applicants to pursue those applications.

 

     (6) A project participant shall not knowingly assist anyone in

 

submitting false or misleading applications or submitting

 

applications that would subject this state to federal sanctions.

 

Such assistance may be grounds for stopping funding under

 

subsection (3).

 

     (7) If funding is stopped for 1 pilot project under subsection

 

(3), those funds may be directed at the discretion of the

 

department to the other pilot projects in subsection (2) or to the

 

general appropriation for the family independence program.

 

     Sec. 684. Not later than March 1, 2008, the department shall

 

report to the senate and house appropriations subcommittees with

 

jurisdiction over the department budget, and to the senate and

 

house appropriations subcommittees with jurisdiction over the

 

department of community health budget, on the number of recipients

 

that applied for Medicaid coverage, the number of recipients that

 

were approved for Medicaid coverage, and the number of recipients

 

that were denied Medicaid coverage. The report shall describe these

 

statistics for fiscal year 2007-2008 and summarize department

 

programs to assist persons in applying for Medicaid.

 

 

 

JUVENILE JUSTICE SERVICES

 

     Sec. 702. Expansion of high security services funded under

 


part 1 for juvenile justice services shall not be authorized by the

 

joint capital outlay subcommittee of the appropriations committees

 

until the department has held a public hearing in the community

 

where the facility proposed to be expanded is located.

 

     Sec. 705. (1) The department, in conjunction with private

 

juvenile justice residential programs, shall develop a methodology

 

for measuring goals, objectives, and performance standards for the

 

delivery of juvenile justice residential programs based on national

 

standards and best practices. These goals, objectives, and

 

performance standards shall apply to both public and private

 

delivery of juvenile justice residential programs, and data shall

 

be collected from both private and public juvenile justice

 

residential programs that can be used to evaluate performance

 

achievements, including, but not limited to, the following:

 

     (a) Admission and release data and other information related

 

to demographics of population served.

 

     (b) Program descriptions and information related to treatment,

 

educational services, and conditions of confinement.

 

     (c) Program outcomes including recidivism rates for youth

 

served by the facility.

 

     (2) The department during the annual budget presentation shall

 

outline the progress of the development of the goals, objectives,

 

and performance standards, as well as the information collected

 

through the implementation of the performance measurement program.

 

The presentation shall include all of the following:

 

     (a) Trends in census and population demographics.

 

     (b) Program outcomes.

 


     (c) Staff and resident safety.

 

     (d) Facility profile.

 

     (e) Fiscal information necessary for qualitative understanding

 

of program operations and comparative costs of public and private

 

facilities.

 

     Sec. 706. Counties shall be subject to 50% charge-back for the

 

use of alternative regional detention services, if those detention

 

services do not fall under the basic provision of section 117e of

 

the social welfare act, 1939 PA 280, MCL 400.117e, or if a county

 

operates those detention services programs primarily with

 

professional rather than volunteer staff.

 

     Sec. 707. In order to be reimbursed for child care fund

 

expenditures, counties are required to submit department-developed

 

reports to enable the department to document potential federally

 

claimable expenditures. This requirement is in accordance with the

 

reporting requirements specified in section 117a(7) of the social

 

welfare act, 1939 PA 280, MCL 400.117a.

 

     Sec. 708. As a condition of receiving funds appropriated in

 

part 1 for the child care fund, by February 15, 2008, counties

 

shall have an approved service spending plan for the fiscal year

 

ending September 30, 2008. Counties must submit the service

 

spending plan to the department by December 15, 2007 for approval.

 

     Sec. 714. (1) The department shall provide technical

 

assistance for counties to develop information networks including,

 

but not limited to, serious habitual offenders comprehensive action

 

program (SHOCAP), juvenile justice on-line technology (JJOLT), and

 

juvenile violent reporting system (JVRS).

 


     (2) The department shall assist counties in identifying

 

funding sources for the networks, including, but not limited to,

 

the child care fund and the juvenile accountability incentive block

 

grant.

 

     (3) The local units of government shall report to the

 

department on expenditures of their juvenile justice information

 

networks in concert with their requests for reimbursement from the

 

child care fund.

 

     Sec. 715. (1) It is the intent of the legislature that the

 

primary function of the juvenile justice system shall be to promote

 

the protection of individuals and communities through the reduction

 

of juvenile crime.

 

     (2) The department shall report to the senate and house

 

appropriations subcommittees for the department budget, the senate

 

and house fiscal agencies and policy offices, and the state budget

 

director by October 30, 2007 on the status of implementing

 

recommendations of the 2001 joint house and senate task force on

 

juvenile justice, including, but not limited to, the following:

 

     (a) Mentoring programs that focus on improving communication

 

and collaboration, encourage quality mentoring programs,

 

recruitment of mentors, and increasing public awareness of and

 

participation in programs for at-risk youth.

 

     (b) Discussion of programs relating to juvenile information

 

networks as an Internet-based communication tool that assists with

 

case management of juvenile offenders in the area.

 

     Sec. 719. The department shall notify the legislature at least

 

30 days before closing or making any change in the status of a

 


state juvenile justice facility.

 

     Sec. 720. (1) The goal of high security juvenile services

 

shall be to protect the general public from dangerous juvenile

 

offenders while providing rehabilitation services to those

 

offenders to safely prepare them for entry into society.

 

     (2) The department shall take into consideration the

 

recommendations on a methodology for measuring goals, objectives,

 

and performance standards developed in conjunction with private

 

providers of juvenile justice residential programs required in

 

section 705 of 2004 PA 344.

 

     (3) The department shall allocate money to public and private

 

providers of high security juvenile services based on their ability

 

to demonstrate results in all of the following:

 

     (a) Lower recidivism rates.

 

     (b) Higher school completion rates or GED completion rates.

 

     (c) Shorter average stays in a residential facility.

 

     (d) Lower average cost per resident.

 

     (e) Availability of appropriate services to residents.

 

     (4) The department shall comply with section 115o of the

 

social welfare act, 1939 PA 280, MCL 400.115o, regarding placement

 

of juvenile offenders, and shall refer to that statutory

 

requirement in making referral recommendations to courts for secure

 

residential programs.

 

     (5) The department shall require, if possible and practical,

 

that aftercare services for a juvenile offender be provided by the

 

same organization or provider that provided residential care for

 

that juvenile.

 


     Sec. 721. (1) The goal of medium or low security juvenile

 

services shall be effective treatment of juvenile offenders to

 

safely prepare them for entry into society.

 

     (2) The department shall allocate money to private providers

 

of medium or low security juvenile services based on their ability

 

to demonstrate results in all of the following:

 

     (a) Reduced rates of recidivism.

 

     (b) Higher rates of high school or GED completion.

 

     (c) Shorter average stays in a residential facility.

 

     (d) Availability of appropriate services to residents.

 

     (3) The department shall comply with section 115o of the

 

social welfare act, 1939 PA 280, MCL 400.115o, regarding the

 

placement of juvenile offenders, and shall refer to that statutory

 

requirement in making referral recommendations to courts for

 

residential treatment programs.

 

     (4) The department shall require, if possible and practical,

 

that aftercare services for a juvenile offender be provided by the

 

same program or provider that provided treatment for the juvenile

 

in residential care.

 

     (5) The department shall reimburse a private provider of

 

medium closed security services at a daily rate of $250.00 per

 

juvenile resident. The department shall reimburse a private

 

provider of medium closed security services that received payments

 

during the fiscal year ending September 30, 2007 at a daily rate of

 

more than $250.00 per juvenile resident at the higher rate. The

 

department shall reimburse a private provider of other medium and

 

low security services at a daily rate of $200.00 per juvenile

 


resident. The department shall reimburse a private provider of

 

other medium and low security services that received payments

 

during the fiscal year ending September 30, 2007 at a daily rate of

 

more than $200.00 per juvenile resident at the higher rate.

 

     Sec. 722. (1) The goal of community juvenile justice centers

 

shall be the effective treatment and rehabilitation of juvenile

 

offenders in appropriate community settings.

 

     (2) The department shall allocate money to private providers

 

of juvenile justice day programs based on their ability to

 

demonstrate results in all of the following:

 

     (a) Reduced rates of recidivism.

 

     (b) Higher rates of high school or GED completion.

 

     (c) Availability of appropriate services to offenders.

 

     (3) The department shall reimburse a community juvenile

 

justice provider at a daily rate of $80.00 per day per juvenile

 

served.

 

     Sec. 723. A provider of juvenile services may receive funding

 

for services of different security levels if the provider has

 

appropriate services for each security level and adequate measures

 

to separate residents of each security level.

 

     Sec. 724. (1) Beginning October 1, 2007, direct delinquency

 

services for children and youth who require community low or medium

 

security services shall be provided under contract with the

 

department by a licensed, nationally accredited child caring

 

institution or child placing agency.

 

     (2) Beginning October 1, 2007, the department shall be

 

responsible for oversight, licensure, and purchase of direct

 


delinquency services for children and youth who require community

 

low or medium security services. The department may also provide

 

direct service and monitoring for children who require high

 

security services.

 

     (3) The contracts with licensed, nonprofit, nationally

 

accredited child caring institutions or child placing agencies and

 

other service providers that provided satisfactory services under

 

contract before January 1, 2007 shall include specific performance

 

objectives and measurable outcomes. The performance objectives

 

shall include the need for services across the entire state. The

 

total number of contracts with providers shall ensure that all

 

regions of this state have adequate coverage.

 

 

 

LOCAL OFFICE SERVICES

 

     Sec. 750. The department shall maintain out-stationed

 

eligibility specialists in community-based organizations and

 

hospitals.

 

     Sec. 751. (1) From the funds appropriated in part 1, the

 

department shall implement school-based family resource centers

 

based on the following guidelines:

 

     (a) The center is supported by the local school district.

 

     (b) The programs and information provided at the center do not

 

conflict with sections 1169, 1507, and 1507b of the revised school

 

code, 1976 PA 451, MCL 380.1169, 380.1507, and 380.1507b.

 

     (c) Notwithstanding subdivision (b), the center shall provide

 

information regarding crisis pregnancy centers or adoption service

 

providers in the area.

 


     (2) The department shall notify the senate and house

 

subcommittees on the department budget, the senate and house fiscal

 

agencies and policy offices, and the state budget office of family

 

resource center expansion efforts and shall provide all of the

 

following at the beginning of the selection process or no later

 

than 5 days after eligible schools receive opportunity

 

notification:

 

     (a) A list of eligible schools.

 

     (b) The selection criteria to be used.

 

     (c) The projected number to be opened.

 

     (d) The financial implications for expansion, including

 

funding sources.

 

     Sec. 753. The department shall implement the recommendations

 

of the 2004 public private partnership initiative's training

 

committee to define, design, and implement a train-the-trainer

 

program to certify private agency staff to deliver child welfare

 

staff training, explore the use of e-learning technologies, and

 

include consumers in the design and implementation of training. The

 

intent of the legislature is to reduce training and travel costs

 

for both the department and the private agencies. The department

 

shall report no later than December 1, 2007 on each specific policy

 

change made to implement enacted legislation and the plans to

 

implement the recommendations, including time lines, to the senate

 

and house appropriations subcommittees on the department budget,

 

the senate and house standing committees on human services matters,

 

the senate and house fiscal agencies and policy offices, and the

 

state budget director.

 


     Sec. 754. The department shall allow private nationally

 

accredited foster care and adoption agencies to conduct their own

 

staff training, based on current department policies and procedures

 

provided that the agency trainer and training materials are

 

accredited by the department, and that the agency documents to the

 

department that the training was provided. The department shall

 

provide access to any training materials requested by the private

 

agencies to facilitate this training.

 

 

 

DISABILITY DETERMINATION SERVICES

 

     Sec. 801. The department disability determination services in

 

agreement with the department of management and budget office of

 

retirement systems will develop the medical information and make

 

recommendations for medical disability retirement for state

 

employees, state police, judges, and school teachers.

 

 

 

CHILD SUPPORT ENFORCEMENT

 

     Sec. 901. (1) The appropriations in part 1 assume a total

 

federal child support incentive payment of $26,500,000.00.

 

     (2) From the federal money received for child support

 

incentive payments, $12,000,000.00 shall be retained by the state

 

and expended for child support program expenses.

 

     (3) From the federal money received for child support

 

incentive payments, $14,500,000.00 shall be paid to the counties

 

based on each county's performance level for each of the federal

 

performance measures as established in the code of federal

 

regulations, CFR 45.305.2.

 


     (4) If the child support incentive payment to the state from

 

the federal government is greater than $26,500,000.00, then 100% of

 

the excess shall be retained by the state and is appropriated until

 

the total retained by the state reaches $15,397,400.00.

 

     (5) If the child support incentive payment to the state from

 

the federal government is greater than the amount needed to satisfy

 

the provisions identified in subsections (1), (2), (3), and (4),

 

the additional funds shall be subject to appropriation by the

 

legislature.

 

     (6) If the child support incentive payment to the state from

 

the federal government is less than $26,500,000.00, then the state

 

and county share shall each be reduced by 50% of the shortfall.

 

     (7) From the state funds appropriated in part 1 for child

 

support enforcement, not less than $9,570,000.00 shall be used to

 

be paid to counties for use as the local/state match for federal

 

Title IV-D services provided by the friend of the court and

 

prosecuting attorney. The money is to be used to offset the net

 

effect of the federal deficit reduction act that prohibits the use

 

of federal performance incentive funds paid to the state as

 

local/state match funds.

 

     Sec. 902. (1) The department shall continue its work to fix

 

and improve the child support computer system using the funding

 

carried forward from fiscal year 2006-2007 appropriations.

 

     (2) The department shall consult with the department of

 

treasury and any outside consultant with collections expertise

 

under contract with the department of treasury to develop a plan to

 

maximize the collection of child support and child support

 


arrearage settlement for the purposes of this section.

 

     (3) The department shall utilize consultants or contractors to

 

seek to recover arrearages according to the plan in subsection (2).

 

The goal of these efforts shall be to further regain revenue to

 

offset assistance payments necessary because of arrearages.

 

     Sec. 903. The department may facilitate with the department of

 

community health a program under which the departments

 

independently or jointly contract with local friend of the court

 

offices to update and maintain the child support statewide database

 

with health insurance information in cases in which the court has

 

ordered a party to the case to maintain health insurance coverage

 

for the minor child or children involved in the case and to assist

 

in the recovery of money paid by the state for health care costs

 

that are otherwise recoverable from a party to the case. The

 

program shall be in addition to a program or programs under

 

existing contract between either or both of the departments with a

 

private entity on September 1, 2005. The program shall be entirely

 

funded with state and federal funds from money first recovered or

 

through costs that are avoided by charging the insurance coverage

 

for minor children from state programs to private insurance.

 

     Sec. 904. The department is prohibited from charging back to

 

the counties any of the fees paid that are charged by the internal

 

revenue service or the department of treasury related to the tax

 

intercept and offset programs. The state share of those fees shall

 

be paid from money otherwise provided for office of child support

 

programs.

 

     Sec. 905. Of the funds appropriated in part 1 for child

 


support collections, $500,000.00 shall be allocated to counties for

 

the local match for friend of the court services legal support

 

contracts and to payments to county prosecutors for related legal

 

services.

 

     Sec. 906. From the funds appropriated in part 1 for legal

 

support contracts, $500,000.00 shall be allocated and paid pursuant

 

to section 18a of the social welfare act, 1939 PA 280, MCL 400.18a.

 

     Sec. 907. The office of child support in cooperation with the

 

state court administrative office shall establish a pilot program

 

to examine the effectiveness of contracting with a public or

 

private collection agency as authorized under section 10 of the

 

office of child support act, 1971 PA 174, MCL 400.240. The pilot

 

program shall be implemented during fiscal year 2007-2008. Any

 

restricted revenue collected pursuant to this section shall not be

 

expended until the department and representatives from counties and

 

the friends of the court meet and agree upon recommendations for

 

use of the revenue. The revenue is subject to appropriation by the

 

legislature.

 

 

 

OFFICE OF CHILDREN AND ADULT LICENSING

 

     Sec. 1001. The department shall assess fees in the licensing

 

and regulation of child care organizations as defined in 1973 PA

 

116, MCL 722.111 to 722.128, and adult foster care facilities as

 

defined in the adult foster care facility licensing act, 1979 PA

 

218, MCL 400.701 to 400.737. Fees collected by the department shall

 

be used exclusively for the purpose of licensing and regulating

 

child care organizations and adult foster care facilities.

 


     Sec. 1002. The department shall furnish the clerk of the

 

house, the secretary of the senate, the senate and house fiscal

 

agencies and policy offices, the state budget office, and all

 

members of the house and senate appropriations committees with a

 

summary of any evaluation reports and subsequent approvals or

 

disapprovals of juvenile residential facilities operated by the

 

department, as required by section 6 of 1973 PA 116, MCL 722.116.

 

If no evaluations are conducted during the fiscal year, the

 

department shall notify the fiscal agencies and all members of the

 

appropriate subcommittees of the house and senate appropriations

 

committees.

 

     Sec. 1003. If federal funds become available to support a lead

 

testing program, the department shall, before issuing a license for

 

a day care facility and as part of licensing review and facility

 

inspection, require documentation verifying that the facility has

 

been inspected for lead hazards and that any lead hazards

 

identified have been remediated.

 

     Sec. 1005. The department shall implement a performance-based

 

licensing system. The plan shall include an approach that

 

emphasizes site visits for new licensees and licensees with

 

violations or filed complaints and random, but not required, site

 

visits for licensees who have been in business for 5 years or more

 

with no violations or filed complaints. The plan shall direct the

 

licensing staff and field consultants to prioritize resources and

 

site reviews on new licensees and those with documented complaints.

 

The plan activities shall also be based on risk to the vulnerable

 

children and adults receiving services from licensees. The plan

 


shall include an implementation date for fiscal year 2007-2008 and

 

be submitted, by January 31, 2008, to the senate and house

 

appropriations subcommittees on the department budget, the senate

 

and house fiscal agencies and policy offices, and the state budget

 

director.

 

 

 

 

 

ARTICLE 11

 

JUDICIARY

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the judicial

 

branch for the fiscal year ending September 30, 2008, from the

 

funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

JUDICIARY

 

APPROPRIATION SUMMARY:

 

   Full-time equated exempted positions............ 519.0

 

GROSS APPROPRIATION.................................... $    253,472,600

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         2,523,500

 

ADJUSTED GROSS APPROPRIATION........................... $    250,949,100

 

   Federal revenues:

 

Total federal revenues.................................         4,626,400

 

   Special revenue funds:

 


Total local revenues...................................         5,409,700

 

Total private revenues.................................           842,500

 

Total other state restricted revenues..................        87,892,700

 

State general fund/general purpose..................... $    152,177,800

 

   Sec. 102. SUPREME COURT

 

   Full-time equated exempted positions............ 245.0

 

Supreme court administration--97.0 FTE positions....... $      9,857,000

 

Judicial institute--16.0 FTE positions.................         2,449,300

 

State court administrative office--62.0 FTE positions..         9,689,500

 

Judicial information systems--18.0 FTE positions.......         2,921,900

 

Direct trial court automation support--36.0 FTE

 

   positions............................................         5,409,700

 

Foster care review board--12.0 FTE positions...........         1,191,900

 

Community dispute resolution--4.0 FTE positions........         2,291,600

 

Other federal grants...................................           275,000

 

Drug treatment courts..................................         4,635,200

 

Mental health treatment courts.........................               100

 

GROSS APPROPRIATION.................................... $     38,721,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of community health................         1,800,000

 

IDG from state police - Michigan justice training fund.           300,000

 

   Federal revenues:

 

DOJ, victims assistance programs.......................            50,000

 

DOJ, drug court training and evaluation................           300,000

 

DOT, national highway traffic safety administration....           800,000

 

HHS, access and visitation grant.......................           387,000

 


HHS, children's justice grant..........................           206,300

 

HHS, court improvement project.........................         1,160,000

 

HHS, title IV-D child support program..................           907,700

 

HHS, title IV-E foster care program....................           540,400

 

Other federal grant revenues...........................           275,000

 

   Special revenue funds:

 

Local - user fees......................................         5,409,700

 

Private................................................           169,000

 

Private - interest on lawyers trust accounts...........           232,700

 

Private - state justice institute......................           370,800

 

Community dispute resolution fund......................         2,291,600

 

Law exam fees..........................................           482,100

 

Drug court fund........................................         1,920,500

 

Miscellaneous revenue..................................           227,900

 

Justice system fund....................................           700,000

 

State court fund.......................................           339,000

 

State general fund/general purpose..................... $     19,851,500

 

   Sec. 103. COURT OF APPEALS

 

   Full-time equated exempted positions............ 212.0

 

Court of appeals operations--212.0 FTE positions....... $      17,392,600

 

GROSS APPROPRIATION.................................... $     17,392,600

 

    Appropriated from:

 

   Special revenue funds:

 

Court filing/motion fees...............................         1,958,500

 

Miscellaneous revenue..................................            77,800

 

State general fund/general purpose..................... $     15,356,300

 

   Sec. 104. BRANCHWIDE APPROPRIATIONS

 


   Full-time equated exempted positions.............. 4.0

 

Branchwide appropriations--4.0 FTE positions........... $       7,767,300

 

GROSS APPROPRIATION.................................... $      7,767,300

 

    Appropriated from:

 

State general fund/general purpose..................... $      7,767,300

 

   Sec. 105. JUSTICES' AND JUDGES' COMPENSATION

 

   Full-time judges positions...................... 621.0

 

Supreme court justices' salaries--7.0 justices......... $      1,152,300

 

Court of appeals judges' salaries--28.0 judges.........         4,240,300

 

District court judges' state base salaries--258.0

 

   judges...............................................        23,877,200

 

District court judicial salary standardization.........        11,796,800

 

Probate court judges' state base salaries--103.0

 

   judges...............................................         9,627,900

 

Probate court judicial salary standardization..........         4,669,700

 

Circuit court judges' state base salaries--225.0

 

   judges...............................................        20,817,200

 

Circuit court judicial salary standardization..........        10,105,000

 

Judges' retirement system defined contributions........         3,359,300

 

OASI, social security..................................         5,105,600

 

GROSS APPROPRIATION.................................... $     94,751,300

 

    Appropriated from:

 

   Special revenue funds:

 

Court fee fund.........................................         7,090,200

 

State general fund/general purpose..................... $     87,661,100

 

   Sec. 106. JUDICIAL AGENCIES

 

   Full-time equated exempted positions.............. 8.0

 


Judicial tenure commission--8.0 FTE positions.......... $         903,200

 

GROSS APPROPRIATION.................................... $        903,200

 

    Appropriated from:

 

State general fund/general purpose..................... $        903,200

 

   Sec. 107. INDIGENT DEFENSE - CRIMINAL

 

   Full-time equated exempted positions............. 50.0

 

Appellate public defender program--42.0 FTE positions.. $      4,417,200

 

Appellate assigned counsel administration--8.0 FTE

 

   positions............................................           811,600

 

GROSS APPROPRIATION.................................... $      5,228,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from state police - Michigan justice training fund.           423,500

 

   Special revenue funds:

 

Private - interest on lawyers trust accounts...........            70,000

 

Miscellaneous revenue..................................           113,100

 

State general fund/general purpose..................... $      4,622,200

 

   Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE

 

Indigent civil legal assistance........................ $       7,937,000

 

GROSS APPROPRIATION.................................... $      7,937,000

 

    Appropriated from:

 

   Special revenue funds:

 

State court fund.......................................         7,937,000

 

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

 

   Sec. 109. TRIAL COURT OPERATIONS

 

Court equity fund reimbursements....................... $     66,456,200

 

Judicial technology improvement fund...................         4,465,000

 


GROSS APPROPRIATION.................................... $     70,921,200

 

    Appropriated from:

 

   Special revenue funds:

 

Court equity fund......................................        50,440,000

 

Judicial technology improvement fund...................         4,465,000

 

State general fund/general purpose..................... $     16,016,200

 

   Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL

 

GOVERNMENT

 

Drug case-flow program................................. $        250,000

 

Drunk driving case-flow program........................         3,000,000

 

Juror compensation reimbursement.......................         6,600,000

 

GROSS APPROPRIATION.................................... $      9,850,000

 

    Appropriated from:

 

   Special revenue funds:

 

Drug fund..............................................           250,000

 

Drunk driving fund.....................................         3,000,000

 

Juror compensation fund................................         6,600,000

 

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 $240,070,500.00 and state

 

spending from state resources to be paid to local units of

 


government for fiscal year 2007-2008 is estimated at

 

$122,751,000.00. The itemized statement below identifies

 

appropriations from which spending to local units of government

 

will occur:

 

JUDICIARY

 

SUPREME COURT

 

State court administrative office...................... $        511,900

 

Drug treatment courts..................................         4,419,100

 

TRIAL COURT OPERATIONS

 

Court equity fund reimbursements....................... $     66,456,200

 

Judicial technology improvement fund...................         4,465,000

 

JUSTICES' AND JUDGES' COMPENSATION

 

District court judicial salary standardization......... $     11,796,800

 

Probate court judges' state base salaries..............         9,627,900

 

Probate court judicial salary standardization..........         4,669,700

 

Circuit court judicial salary standardization..........        10,105,000

 

Grant to OASI contribution fund, employers share,

 

    social security.....................................           849,400

 

GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT

 

Drunk driving case-flow program........................ $      3,000,000

 

Drug case-flow program.................................           250,000

 

Juror compensation reimbursement.......................         6,600,000

 

TOTAL.................................................. $    122,751,000

 

     Sec. 202. (1) The appropriations authorized under this article

 

are subject to the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594.

 

     (2) Funds appropriated in part 1 to an entity within the

 


judicial branch shall not be expended or transferred to another

 

account without written approval of the authorized agent of the

 

judicial entity. If the authorized agent of the judicial entity

 

notifies the state budget director of its approval of an

 

expenditure or transfer, the state budget director shall

 

immediately make the expenditure or transfer. The authorized

 

judicial entity agent shall be designated by the chief justice of

 

the supreme court.

 

     Sec. 203. As used in this article:

 

     (a) "DOJ" means the United States department of justice.

 

     (b) "DOT" means the United States department of

 

transportation.

 

     (c) "FTE" means full-time equated.

 

     (d) "HHS" means the United States department of health and

 

human services.

 

     (e) "IDG" means interdepartmental grant.

 

     (f) "OASI" means old age survivor's insurance.

 

     Sec. 204. The judicial branch shall not take disciplinary

 

action against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 208. The reporting requirements of this article shall be

 

completed with the approval of, and at the direction of, the

 

supreme court. Unless otherwise specified, the judicial branch

 

shall use the Internet to fulfill the reporting requirements of

 

this article. This may include transmission of reports via

 

electronic mail to the recipients identified for each reporting

 

requirement or it may include placement of reports on an Internet

 


or Intranet site.

 

     Sec. 212. As a condition of expending appropriations made

 

under part 1, the judicial branch shall receive and retain copies

 

of all reports funded from appropriations in part 1 and shall

 

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

 

retention of such reports and records.

 

     Sec. 214. 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. 215. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2008 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 chief justice or his

 

or her designee may grant an exception to allow the travel. Any

 

exceptions granted by the chief justice or his or her designee

 

shall be reported on a monthly basis to the house and senate

 

appropriations committees.

 

     (3) Not later than January 1 of each year, the state court

 

administrative office shall prepare a travel report listing all

 

travel by judicial branch employees outside this state in the

 

immediately preceding fiscal year that was funded in whole or in

 

part with funds appropriated in the budget for the judicial branch.

 

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. 216. (1) The judicial branch 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 judicial branch budget, the senate and house

 

standing committees on the judicial branch 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.

 

 

 

JUDICIAL BRANCH

 

     Sec. 301. (1) The direct trial court automation support

 

program of the state court administrative office shall recover

 

direct and overhead costs from trial courts by charging for

 

services rendered. The fee shall cover the actual costs incurred to

 

the direct trial court automation support program in providing the

 


service, including development of future versions of case

 

management systems. A report of amounts collected in excess of

 

funds identified as user service charges in part 1 shall be

 

submitted to the state budget director and to the house and senate

 

appropriations subcommittees on judiciary 30 days before

 

expenditure by the direct trial court automation support program.

 

     (2) From funds appropriated in part 1, the direct trial court

 

automation support program of the state court administrative office

 

shall provide to the state budget director, the senate and house

 

appropriations committees, and the senate and house fiscal agencies

 

before January 1 of each year, a detailed list of user service

 

charges collected during the immediately preceding state fiscal

 

year.

 

     Sec. 302. Funds appropriated within the judicial branch shall

 

not be expended by any component within the judicial branch without

 

the approval of the supreme court.

 

     Sec. 303. Of the amount appropriated in part 1 for the

 

judicial branch, $325,000.00 is allocated for circuit court

 

reimbursement under section 3 of 1978 PA 16, MCL 800.453, and

 

$186,900.00 is allocated for court of claims reimbursement under

 

section 6413 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.6413.

 

     Sec. 304. As a condition of expending appropriations made

 

under part 1, the judicial branch shall cooperate with the auditor

 

general regarding audits of the judicial branch conducted under

 

section 53 of article IV of the state constitution of 1963.

 

     Sec. 305. As a condition of expending appropriations made

 


under part 1, and to avoid the overexpenditure of funds

 

appropriated under this article, the supreme court shall report

 

quarterly to members of the senate and house appropriations

 

subcommittees on the judiciary, the senate and house fiscal

 

agencies, and the state budget director on the status of accounts

 

set forth in part 1. The report required by this section shall

 

include quarterly, year-to-date, and projected expenditures by

 

funding source for each line item, and beginning balances and

 

quarterly, year-to-date, and projected revenues for each source of

 

revenue other than general fund/general purpose revenues.

 

     Sec. 306. The supreme court and the state court administrative

 

office shall continue to maintain, as a priority, the assisting of

 

local trial courts in improving the collection of judgments.

 

     Sec. 306a. By April 1, the state court administrative office

 

shall submit a report regarding the feasibility of a pilot project

 

for third-party collection of victim restitution to the senate and

 

house appropriations subcommittees on judiciary, the senate and

 

house fiscal agencies, and the state budget director.

 

     Sec. 307. It is the intent of the legislature that from the

 

funds appropriated in part 1 for court of appeals operations, the

 

judiciary shall use the following revenue amounts for the purpose

 

of delay reduction:

 

     (a) $225,000.00 of additional filing fee revenue raised from

 

the increase from $250.00 to $375.00 in court of appeals filing

 

fees under section 321(1)(a) of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.321.

 

     (b) $87,500.00 of additional fee revenue raised from the

 


increase in court of appeals motion fees from $75.00 to $100.00 and

 

from the increase from $150.00 to $200.00 in fees for motions for

 

immediate consideration or expedited appeal under section 321(1)(b)

 

and (c) of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.321.

 

     Sec. 308. If sufficient funds are not available from the court

 

fee fund to pay judges' compensation, the difference between the

 

appropriated amount from that fund for judges' compensation and the

 

actual amount available after the amount appropriated for trial

 

court reimbursement is made shall be appropriated from the state

 

general fund for judges' compensation.

 

     Sec. 310. From the funds appropriated in part 1 for drug

 

treatment court programs, with the approval of and at the

 

discretion of the supreme court, the state court administrative

 

office shall evaluate and collect data on the performance of drug

 

treatment court programs. The state court administrative office

 

shall provide an annual review of the performance of drug courts as

 

prescribed in section 1078(6) of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.1078. All of the following apply to that

 

annual review:

 

     (a) It shall include measures of the impact of drug court

 

programs in changing offender criminal involvement (recidivism) and

 

substance abuse and in reducing prison admissions.

 

     (b) It shall be completed no later than April 1 of each year

 

and shall also be provided to the senate and house appropriations

 

subcommittees on the judiciary, the senate and house fiscal

 

agencies, and the state budget director.

 


     (c) The evaluation of a program funded with federal Byrne

 

funds shall be consistent with the requirements contained in the

 

federal Byrne grant for that program.

 

     Sec. 311. (1) The funds appropriated in part 1 for drug

 

treatment courts shall be administered by the state court

 

administrative office to operate drug treatment court programs. A

 

drug treatment court shall be responsible for handling cases

 

involving substance abusing nonviolent offenders through

 

comprehensive supervision, testing, treatment services, and

 

immediate sanctions and incentives. A drug treatment court shall

 

use all available county and state personnel involved in the

 

disposition of cases including, but not limited to, parole and

 

probation agents, prosecuting attorneys, defense attorneys, and

 

community corrections providers. The funds may be used in

 

connection with other federal, state, and local funding sources.

 

     (2) Local units of government are encouraged to refer to

 

federal drug treatment court guidelines to prepare proposals.

 

However, federal agency approvals are not required for funding

 

under this section.

 

     (3) From the funds appropriated in part 1, the chief justice

 

shall allocate sufficient funds for the judicial institute to

 

provide in-state training for those identified in subsection (1),

 

including training for new drug treatment court judges.

 

     (4) For drug treatment court grants, consideration for

 

priority may be given to those courts where higher instances of

 

substance abuse cases are filed.

 

     (5) The judiciary shall receive $1,800,000.00 in Byrne formula

 


grant funding as an interdepartmental grant from the department of

 

community health to be used for expansion of drug treatment courts,

 

to assist in avoiding prison bed space growth for nonviolent

 

offenders in collaboration with the department of corrections.

 

     Sec. 312. From the funds appropriated in part 1, the state

 

court administrator shall produce a statistical report regarding

 

the implementation of the parental rights restoration act, 1990 PA

 

211, MCL 722.901 to 722.908, as it pertains to minors seeking a

 

court-issued waiver of parental consent. The state court

 

administrative office shall report the total number of petitions

 

filed and the total number of petitions granted in accordance with

 

section 208.

 

     Sec. 314. By April 1, the state court administrative office

 

shall submit a report regarding the impact of Halbert v Michigan,

 

125 S Ct 2582 (2005), and related cases on the court system to the

 

senate and house appropriations subcommittees on judiciary, the

 

senate and house fiscal agencies, and the state budget director.

 

     Sec. 316. The state court administrative office shall evaluate

 

various strategies for court systems to use to better respond to

 

defendants with mental illnesses. Such strategies may include, but

 

not be limited to, mental health treatment courts, dedicated

 

probation caseloads for people with mental illnesses, specialized

 

pretrial release programs, and court-based diversion programs. The

 

evaluation should consider the full range of problems that occur

 

when people with mental illnesses enter the criminal justice system

 

and factors such as key stakeholders, eligibility criteria, case

 

processing, treatment options, funding sources, and disposition of

 


cases upon program completion.

 

     Sec. 317. Funds appropriated in part 1 shall not be used for

 

the permanent assignment of state-owned vehicles to justices or

 

judges or any other judicial branch employee. This section does not

 

preclude the use of state-owned motor pool vehicles for state

 

business in accordance with approved guidelines.

 

 

 

 

 

ARTICLE 12

 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

 

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 article, 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......... 58.5

 

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

 

GROSS APPROPRIATION.................................... $  1,285,028,700

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

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

 

ADJUSTED GROSS APPROPRIATION........................... $  1,250,555,900

 

   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..................       371,614,600

 

State general fund/general purpose..................... $     40,029,800

 

   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

 

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:

 

DOE-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

 

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........         4,333,300

 

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.................................... $     47,208,600

 

    Appropriated from:

 

IDG from department of community health, inspection

 

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

 

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..................... $      3,121,500

 

   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:

 

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..        12,599,400

 

GROSS APPROPRIATION.................................... $    161,078,800

 

    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

 

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

 

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

 

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

 

State general fund/general purpose..................... $      8,087,300

 

   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............................................         5,560,200

 

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

 

Workforce training programs subgrantees................       184,587,800

 

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

 

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

 

Vocational rehabilitation independent living...........         3,079,700

 

Welfare-to-work programs...............................       106,079,100

 

Fire protection grants.................................         8,500,000

 

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.................................... $    505,915,900

 

    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

 

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

 

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

 

State general fund/general purpose..................... $     21,337,000

 

   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

 

   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

 

 

 

 

 

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 $411,644,400.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $47,340,500.00. 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................................. $      8,500,000

 

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

 

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

 

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

 

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

 

Welfare to work........................................        16,780,100

 

Total department of labor and economic

 

growth.................................................. $     47,340,500

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (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.

 

     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 article. 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. 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.

 

     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.

 

 

 

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 article 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,

 

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 article.

 

     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.

 

     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 resale. 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

 

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

 

     (2) From the funds appropriated in part 1, $0.00 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

 


nongovernmental 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.

 

 

 

 

 

ARTICLE 13

 

MICHIGAN STRATEGIC FUND

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the Michigan strategic

 

fund for the fiscal year ending September 30, 2008, from the funds

 

indicated in this article, the following:

 

MICHIGAN STRATEGIC FUND

 

APPROPRIATION SUMMARY:

 

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

 

GROSS APPROPRIATION.................................... $    164,352,000

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................            80,000

 

ADJUSTED GROSS APPROPRIATION........................... $    164,272,000

 

   Federal revenues:

 


Total federal revenues.................................        55,430,700

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................           712,800

 

Total other state restricted revenues..................        80,005,200

 

State general fund/general purpose..................... $     28,123,300

 

   Sec. 102. MICHIGAN STRATEGIC FUND

 

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

 

Administration--22.0 FTE positions..................... $      2,502,400

 

HR optimization user charges...........................            17,800

 

Job creation services--130.0 FTE positions.............        17,188,200

 

Michigan promotion program.............................         6,717,500

 

Economic development job training grants...............         8,197,500

 

Community development block grants.....................        53,000,000

 

21st century programs..................................        75,000,000

 

SBIR/STTR matching grant program.......................         1,378,500

 

Tool and die aeronautics certification grants..........           350,000

 

Entrepreneurial training and mentoring program.........               100

 

GROSS APPROPRIATION.................................... $    164,352,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDEQ, air quality fees.............................            80,000

 

   Federal revenues:

 

HUD-CPD, community development block grant.............        55,430,700

 

   Special revenue funds:

 

Private - special project advances.....................           712,800

 

Industry support fees..................................             5,200

 


Jobs for Michigan investment fund - returns to fund....         5,000,000

 

21st century jobs trust fund...........................        75,000,000

 

State general fund/general purpose..................... $     28,123,300

 

 

 

 

 

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 $108,128,500.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $8,197,500.00 from the

 

entire appropriation for economic development job training grants.

 

     Sec. 202. The appropriations made and expenditures authorized

 

under this article and the departments, commissions, boards,

 

offices, and programs for which appropriations are made under this

 

article are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "DOL-ETA" means the United States department of labor,

 

employment and training administration.

 

     (b) "FTE" means full-time equated.

 

     (c) "Fund" means Michigan strategic fund.

 

     (d) "GF/GP" means general fund/general purpose.

 

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

 

urban development.

 


     (f) "HUD-CPD" means HUD community planning and development.

 

     (g) "IDG" means interdepartmental grant.

 

     (h) "MDEQ" means the Michigan department of environmental

 

quality.

 

     (i) "MDLEG" means the Michigan department of labor and

 

economic growth.

 

     (j) "MEDC" means the Michigan economic development

 

corporation, which is the public body corporate created under

 

section 28 of article VII of the state constitution of 1963 and the

 

urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

 

124.512, by contractual interlocal agreement effective April 5,

 

1999, between local participating economic development corporations

 

formed under the economic development corporations act, 1974 PA

 

338, MCL 125.1601 to 125.1636, and the Michigan strategic fund.

 

     (k) "PA" means public act.

 

     (l) "SBIR" means small business innovation research.

 

     (m) "STTR" means small business technology transfer.

 

     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 fund shall use the Internet to fulfill the

 

reporting requirements of this article. 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. 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 chair of the fund shall take all reasonable

 

steps to ensure that Michigan businesses in deprived and depressed

 

communities in Michigan compete for and perform contracts to

 

provide services or supplies, or both. The chair of the fund shall

 

strongly encourage firms with which the fund contracts to

 

subcontract with certified Michigan businesses and businesses in

 

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

 

     Sec. 212. The fund shall receive and retain copies of all

 


reports funded from appropriations in part 1. The fund shall follow

 

federal and state guidelines for short-term and long-term retention

 

of these reports and records.

 

     Sec. 216. (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. 217. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2007 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

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

 

for law enforcement purposes.

 

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

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

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

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 


     (d) The travel is necessary to comply with federal

 

requirements.

 

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

 

staff that is not available within this state.

 

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

 

funds.

 

     (g) The travel is for the sole purpose of economic development

 

projects that would bring jobs to Michigan.

 

     (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. 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. 219. The fund shall not take disciplinary action against

 

an employee for communicating with a member of the legislature or

 

his or her staff.

 

 

 

MICHIGAN STRATEGIC FUND

 

     Sec. 1001. (1) The appropriation in part 1 to the fund for the

 

economic development job training program is focused on skills

 

businesses need to compete in the 21st century. The purpose of this

 

program is to develop a specific skill, identified for a particular

 

business that assists that company to compete in the global economy

 

and to create or retain high-paying jobs for Michigan residents.

 

     (2) Not more than $800,000.00 of the total appropriation in

 

part 1 may be expended for administrative costs by the fund. Not

 

more than 10% of the total grant award may be expended by a

 

recipient for administration costs.

 


     (3) No funds appropriated in part 1 to the fund for the

 

economic development job training program grants may be expended

 

for the training of permanent striker replacement workers, unless a

 

strike exceeds 3 years and good faith negotiations are ongoing.

 

     (4) Of the total funds appropriated in part 1 for the economic

 

development job training program grants, $4,500,000.00 of the funds

 

shall be awarded to community colleges or a consortium of community

 

colleges and other eligible applicants pursuant to subsection (5).

 

Remaining funds may be awarded to any of the entities listed in

 

subsection (5), or businesses which create at least 100 new jobs at

 

a single location in a period not to exceed 2 years from the date

 

of the grant award.

 

     (5) An applicant may be a school district, intermediate school

 

district, community college, public or private nonprofit college or

 

university, nonprofit organization whose primary purpose is to

 

provide education programs or employment and training services or

 

vocational rehabilitation programs or school-to-work transition

 

programs, local workforce development board, the headquarters of a

 

federal and state-sponsored manufacturing technology center, or a

 

consortium consisting of any combination of school districts,

 

intermediate school districts, community colleges, nonprofit

 

organizations described in this subsection, or public or private

 

nonprofit colleges or universities described in this subsection or

 

businesses which meet the criteria set in subsection (4).

 

     (6) On or before October 1, the fund shall publish proposed

 

application criteria, instructions, and forms for use by eligible

 

applicants. The fund shall provide at least a 2-week period for

 


public comment prior to finalization of the application criteria,

 

instructions, and forms.

 

     (7) The award process will include a simple notice of intent

 

to be reviewed to see if the application merits further

 

consideration. If so, a full application may be submitted.

 

Applications for all grants shall be submitted to the fund, and

 

each application shall contain at least all of the following:

 

     (a) The name, address, and total number of employees of each

 

business organization whose employees are receiving job training.

 

     (b) A description of the specific job skills that will be

 

taught.

 

     (c) A clear statement of the project's scope of activities and

 

number of participants to be involved.

 

     (d) A commitment to maintain participant records in a form and

 

manner required by the fund.

 

     (e) A budget which relates to the proposed activities and

 

various program components.

 

     (8) Priority in the fund's awarding of grants shall be based

 

on the following criteria:

 

     (a) Demonstrated need for the type of training offered.

 

     (b) Creation and/or retention of high wage and high skilled

 

level jobs within a predetermined time period. If the employer does

 

not create or retain the number of jobs specified within the

 

predetermined time period, the employer shall reimburse the state

 

for the entire grant awarded under this program. The number of jobs

 

created and retained will be verified by the employer via audit

 

after the training is completed.

 


     (c) Other criteria determined by the fund to be important.

 

     (9) Participants in the economic development job training

 

program shall be 16 years or older and not enrolled and counted in

 

membership in a school district, intermediate school district, or

 

community college, or any other program funded with state funding.

 

Any training provider that receives state appropriated funds shall

 

not include in the enrollment data reported for determining state

 

aid any student credit hours or student contact hours for a student

 

who is a participant in the economic development job training

 

program. Exclusion of these students is intended to avoid payment

 

of state aid for the same individuals for whom training costs are

 

paid through the economic development job training program.

 

     (10) A recipient of a grant under this section shall not

 

charge tuition or fees to participants in the program funded by the

 

economic development job training grant. However, a nonprofit

 

organization may charge tuition or fees if the tuition plan or fees

 

are recognized by the state and the nonprofit organization receives

 

additional funding from other governmental or private funding

 

sources for its programs.

 

     (11) For training delivered to incumbent workers, the employer

 

receiving the benefit of the training shall provide a minimum of

 

30% of the program costs in matching funds as necessitated by the

 

program.

 

     (12) Grant funds shall be expended on a cost reimbursement

 

basis.

 

     (13) A recipient of a grant under this section shall allow the

 

fund or the agency's designee to audit all records related to the

 


grant for all entities that receive money, either directly or

 

indirectly through a contract, from the grant funds. A grant

 

recipient or contractor shall reimburse the state for all

 

disallowances found in the audit. Costs disallowed under subsection

 

(8)(b) based on the employer job creation and retention

 

requirements are not the same as the training costs that are

 

disallowed in this subsection.

 

     (14) The fund shall provide to the state budget director and

 

the fiscal agencies by November 1 of each year a report on the

 

economic development job training program grants. The report shall

 

provide this information for each grant or contract awarded during

 

the preceding full fiscal year. The report shall contain all of the

 

following:

 

     (a) The amount and recipient of each grant or contract.

 

     (b) The number of participants under each grant or contract

 

and the number of new hires who are in training under the grant.

 

     (c) The names, addresses, and total number of employees of all

 

business organizations for whom training is or will be provided.

 

     (d) The matching funds, if any, to be provided by a business

 

organization.

 

     (15) As a condition of receiving funds under part 1 of this

 

article, the fund shall not expend any of the economic development

 

job training program funds to train any employee who is an officer

 

of a corporation in a corporation employing more than 250

 

employees. Sec. 1002. The Michigan growth capital fund shall be used

 

to develop the technology business sector in Michigan. The Michigan

 

growth capital fund will be used to encourage private and public

 


investment in the technology business sector, and all of the

 

following apply:

 

     (a) An applicant must match state funds on a 1:1 basis.

 

     (b) Eligible uses of the Michigan growth capital fund include

 

investments in organizations and programs that promote the

 

development of new industry sectors in Michigan; inducements to

 

attract additional venture capital funds to finance technology

 

development; support organizations, initiatives, or events that

 

promote entrepreneurship; provide match for university federal

 

research grants; and support technology transfer and

 

commercialization programs with universities and the private

 

sector.

 

     (c) The Michigan economic development corporation shall

 

administer the Michigan growth capital fund.

 

     (d) All funds received from repayment of loans, unused grants,

 

revenues received from sales or cash flow participation agreements,

 

guarantees, or any combination thereof or interest thereon,

 

originally distributed as part of the Michigan growth capital fund,

 

shall be received, held, and applied by the fund for the purposes

 

described in this section.

 

     (e) The Michigan economic development corporation shall

 

provide an annual report on the status of the Michigan growth

 

capital fund to the subcommittees, the fiscal agencies, and the

 

state budget office by January 31.

 

     Sec. 1003. Travel Michigan may establish and collect a fee to

 

cover the cost of materials and processing of photographic prints,

 

slides, videotapes, and travel product database information that

 


are requested by the media and other segments of the public and

 

private sectors. The fees collected shall be appropriated for all

 

expenses necessary to purchase and distribute these photographic

 

prints, slides, videotapes, and travel product database

 

information. The funds are available for expenditure when they are

 

received by the department of treasury.

 

     Sec. 1004. Travel Michigan may receive and expend private

 

revenue related to the use of the "Michigan Great Lakes. Great

 

Times." and "Pure Michigan." copyrighted slogans and images. This

 

revenue may come from the direct licensing of the name and image or

 

from the royalty payments from various merchandise sales. Revenue

 

collected is appropriated for the marketing of the state as a

 

travel destination. The funds are available for expenditure when

 

they are received by the department of treasury.

 

     Sec. 1005. The fund shall submit on or before May 1 and

 

November 1 to the subcommittees, state budget office, and the

 

fiscal agencies a listing of all grants which have been awarded by

 

the fund or by the Michigan economic development corporation from

 

the funds appropriated in part 1. The list shall include all of the

 

following:

 

     (a) The name of the recipient.

 

     (b) The amount awarded to the recipient.

 

     (c) The purpose of the grant.

 

     Sec. 1006. (1) The fund shall provide reports to the relevant

 

subcommittees, the state budget director, and the fiscal agencies

 

concerning the activities of the Michigan economic development

 

corporation grants and investment programs financed from the fund

 


using investment or Indian gaming revenues. The report shall

 

provide a list of individual grants and loans made from the fund.

 

The report shall include, but not be limited to, the following

 

programs funded in part 1:

 

     (a) Travel Michigan.

 

     (b) Business attraction, retention, and growth.

 

     (c) Business services.

 

     (d) Community development block grants.

 

     (e) Strategic fund administration.

 

     (f) Renaissance zones.

 

     (g) 21st century investments program.

 

     (h) Business and clean air ombudsman.

 

     (i) Economic development job training grants.

 

     (j) Any other programs of the fund.

 

     (2) The reports in subsection (1) shall be submitted by

 

January 15. The report for each program in subsection (1)(a)

 

through (j) shall include details on the actual spending and number

 

of FTEs for that program for the previous fiscal year.

 

     Sec. 1007. As a condition of receiving funds under part 1, any

 

interlocal agreement entered into by the fund shall include

 

language which states that if a local unit of government has a

 

contract or memorandum of understanding with a private economic

 

development agency, the Michigan economic development corporation

 

will work cooperatively with that private organization in that

 

local area.

 

     Sec. 1008. (1) Of the funds appropriated to the fund or

 

through grants to the Michigan economic development corporation, no

 


funds shall be expended for the purchase of options on land or the

 

purchase of land unless at least 1 of the following conditions

 

applies:

 

     (a) The land is located in an economically distressed area.

 

     (b) The land is obtained through a purchase or exercise of an

 

option at the invitation of the local unit of government and local

 

economic development agency.

 

     (2) Consideration may be given to purchases where the proposed

 

use of the land is consistent with a regional land use plan, will

 

result in the redevelopment of an economically distressed area, can

 

be supported by existing infrastructure, and will not cause shifts

 

in population away from the area's population centers.

 

     (3) As used in this section, "economically distressed area"

 

means an area in a city, village, or township that has been

 

designated as blighted; a city, village, or township that shows

 

negative population change from 1970 and a poverty rate and

 

unemployment rate greater than the statewide average; or an area

 

certified as a neighborhood enterprise zone.

 

     Sec. 1009. The money appropriated in part 1 to the fund is

 

subject to the condition that none is spent for premiums or

 

advertising material involving personal effects or apparel

 

including, but not limited to, T-shirts, hats, coffee mugs, or

 

other promotional items, except travel Michigan.

 

     Sec. 1010. (1) From the general fund/general purpose

 

appropriations in part 1 to the fund and granted or transferred to

 

the Michigan economic development corporation, any unexpended or

 

unencumbered balance shall be disposed of in accordance with the

 


requirements in the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594, unless carryforward authorization has been

 

otherwise provided for.

 

     (2) Any encumbered funds shall be used for the same purposes

 

for which funding was originally appropriated in this article.

 

     Sec. 1011. (1) As a condition of receiving funds under part 1,

 

the fund shall ensure that the MEDC and the fund comply with all of

 

the following:

 

     (a) The freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (c) Annual audits of all financial records by the auditor

 

general or his or her designee.

 

     (d) All reports required by law to be submitted to the

 

legislature.

 

     (2) If the MEDC is unable for any reason to perform duties

 

under this article, the fund may exercise those duties.

 

     Sec. 1012. As a condition for receiving the appropriations in

 

part 1, any staff of the Michigan economic development corporation

 

involved in private fund-raising activities shall not be party to

 

any decisions regarding the awarding of grants or tax abatements

 

from the fund, the Michigan economic development corporation, or

 

the Michigan economic growth authority.

 

     Sec. 1013. (1) All funds received from repayment of loans,

 

unused grants, revenues received from sales or cash flow

 

participation agreements, guarantees, or any combination thereof or

 

interest thereon, originally distributed as part of the core

 


communities fund, shall be received, held, and applied by the fund

 

for the purposes described in this article.

 

     (2) The fund shall provide an annual report on the status of

 

this fund. The report shall be provided to the subcommittees, the

 

fiscal agencies, and the state budget office by January 31.

 

     Sec. 1014. (1) The funding appropriated in part 1 of 2000 PA

 

291 for the Michigan core communities fund may be used to create an

 

urban revitalization infrastructure program in the fund for

 

economic development awards to create new jobs or contribute to

 

redevelopment and encourage private investment in core communities.

 

     (2) Awards may be provided to qualified local governmental

 

units as defined in the obsolete property rehabilitation act, 2000

 

PA 146, MCL 125.2781 to 125.2797, or certified technology parks, as

 

defined in the local development financing act, 1986 PA 281, MCL

 

125.2151 to 125.2174.

 

     (3) Awards can be used for land and property acquisition and

 

assembly, demolition, site development, utility modifications and

 

improvements, street and road improvements, telecommunication

 

infrastructure, site location and relocation, infrastructure

 

improvements, and any other costs related to the successful

 

development and implementation of core community or certified

 

technology park projects, at the discretion of the Michigan

 

economic development corporation.

 

     (4) Funding may be provided in the form of loans, grants,

 

sales or cash flow participation agreements, guarantees, or any

 

combination of these. A cash match of at least 10%, or local

 

repayment guarantee with a dedicated funding source, is required.

 


Priority shall be given to projects which are integrated with

 

existing economic development programs, and to projects in

 

proportion to the amount that local matching rates exceed 10%.

 

     (5) The Michigan economic development corporation shall have

 

all administrative responsibility for the Michigan core communities

 

fund and shall establish application and application scoring

 

criteria and approve awards. The Michigan economic development

 

corporation may utilize up to 1/2 of 1% of the fund for

 

administrative purposes.

 

     (6) Funds will be awarded through an open competitive process

 

based on criteria including the following: project impact, project

 

marketability, lack of adequate infrastructure or land assembly

 

financing sources, local administrative capacity, and the level of

 

local matching funds. Awardees shall agree to expedite the local

 

development process, such as fast-track permitting procedures,

 

streamlined regulatory requirements, standardized construction and

 

building codes, and the use of competitive construction permitting

 

fees.

 

     (7) No single applicant shall be awarded more than

 

$10,000,000.00 per project.

 

     (8) Fifteen days prior to the award of the funds, notification

 

shall be provided to the speaker of the house of representatives,

 

the senate majority leader, the members of the house and senate

 

appropriations committees, the fiscal agencies, and the state

 

budget director.

 

     (9) Funds shall not be awarded for any of the following

 

purposes:

 


     (a) Land sited for use as, or support for, a gaming facility.

 

     (b) Land or other facilities owned or operated by a gaming

 

facility.

 

     (c) Publicly owned land or facilities which may directly or

 

indirectly support a gaming facility.

 

     (10) All funds received from repayment of loans, unused

 

grants, revenues received from sales or cash flow participation

 

agreements, guarantees, or any combination thereof or interest

 

thereon, originally distributed as part of the core communities

 

fund, shall be received, held, and applied by the fund for the

 

purposes described in this part.

 

     (11) The fund shall provide an annual report on the status of

 

this fund. The report shall be provided to the subcommittees, the

 

fiscal agencies, and the state budget office by January 31.

 

     Sec. 1015. It is the intent of the legislature that the

 

members of the executive committee of the corporation board of the

 

MEDC be subject to the advice and consent of the senate.

 

     Sec. 1016. The Michigan economic development corporation shall

 

work with the office of the auditor general to implement procedures

 

to annually audit the number of jobs claimed to be created by firms

 

receiving Michigan economic growth authority grants, and all other

 

claims of job creation for which MEDC has provided tax credits or

 

other economic incentives.

 

     Sec. 1017. The Michigan economic development corporation shall

 

report on the number of individuals it employs with an annual

 

salary of $80,000.00 or more to the subcommittees, the fiscal

 

agencies, and the state budget office by October 31, 2008. The

 


report shall include the name, the job title, and a description of

 

the duties and responsibilities of all such employees.

 

     Sec. 1019. (1) As a condition of receiving the funds

 

appropriated in part 1, the fund shall ensure that the Michigan

 

economic development corporation and the fund promulgate or create

 

no guidelines, rules, standards, protocols, or other similar

 

mandates that would prevent a firm, which otherwise qualifies for

 

Michigan economic growth authority tax credits, from receiving such

 

credits because the new employees who fill qualified new jobs as

 

defined in the Michigan economic growth authority act of 1995, 1995

 

PA 24, MCL 207.801 to 207.810, are leased from a professional

 

employer organization.

 

     (2) For purposes of this section, a professional employer

 

organization is defined as an organization that provides the

 

management and administration of the human resources and employer

 

risk of another entity by contractually assuming substantial

 

employer rights, responsibilities, and risk through a professional

 

employer agreement that establishes an employer relationship with

 

the leased officers or employees assigned to the other entity by

 

doing all of the following:

 

     (a) Maintaining the right of direction and control of the

 

employees' work, although this responsibility may be shared with

 

the other entity.

 

     (b) Paying wages and employment taxes of the employees out of

 

its own accounts.

 

     (c) Reporting, collecting, and depositing state and federal

 

employment taxes for the employees.

 


     (d) Retaining the right to hire and fire employees.

 

     Sec. 1020. 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. The fund

 

may carry forward into the succeeding fiscal year unexpended

 

federal pass-through funds to local institutions and governments

 

that do not require additional state matching funds. The fund shall

 

report to the appropriation subcommittees within 10 business days

 

after receiving any additional pass-through funds.

 

     Sec. 1021. (1) From the funds appropriated in part 1 for the

 

Michigan promotion program, $1,000,000.00 shall be used to

 

accelerate efforts to promote the state’s tourism industry in

 

coordination with local tourism efforts.

 

     (2) The funds are considered work project appropriations and

 

any unencumbered or unallotted funds at year-end shall be carried

 

forward into the succeeding fiscal year. The following is in

 

compliance with section 451a of the management and budget act, 1984

 

PA 431, MCL 18.1451a:

 

     (a) The purpose of the funding is to promote the state’s

 

tourism industry.

 

     (b) The project shall be accomplished by contract or employees

 

employed by the Michigan strategic fund or the Michigan economic

 

development corporation.

 

     (c) The total estimated cost of the project is $1,000,000.00.

 

     (d) The expected completion date is September 30, 2010.

 

     Sec. 1022. All funds available to the strategic economic

 


investment and commercialization board from grant and loan awards

 

from the competitive edge technology grant and loan program as

 

created in 2005 PA 225 that are not accepted or claimed by awardees

 

shall be allocated to fund the federal small business and

 

innovation research and the small business technology transfer

 

research matching grant programs.

 

     Sec. 1023. The MEDC shall only report the actual direct number

 

of jobs that are projected to be created as a result of any

 

financial or tax incentive package that is offered to a business.

 

Additionally, information regarding total salaries and employer

 

sponsored benefits shall be included if available. This includes

 

all publications issued by the agency for marketing and public

 

information purposes.

 

     Sec. 1024. Of the amount appropriated in part 1 for 21st

 

century programs, $1,500,000.00 shall be allocated in fiscal year

 

2007-2008 to a private research institute that has received a

 

specific federal appropriation prior to 2005 for the creation of a

 

good manufacturing facility. The facility shall be used for the

 

production of drugs approved for use in clinical trials, as

 

approved by the United States food and drug administration, and

 

shall work to market the core technology alliance for the purposes

 

of commercialization and providing access to advanced technologies

 

to researchers affiliated with universities, private research

 

institutes, and biotech and pharmaceutical firms.

 

     Sec. 1025. Of the amount appropriated in part 1 for 21st

 

century programs, $2,000,000.00 shall be allocated in fiscal year

 

2007-2008 to support a biofuels facility that combines a business

 


incubator for launching new biomass technologies, biodiesel fuel

 

production, and a biomass research institute. The biofuels facility

 

shall be operated by a regional economic development organization

 

in cooperation with a Michigan public university. The facility

 

shall be established in a building donated by a private company and

 

located in a city with a population of at least 30,000 and not more

 

than 40,000 as of the 2000 census.

 

     Sec. 1026. The amount appropriated in part 1 for tool and die

 

aeronautics certification grants shall be used to assist tool and

 

die companies in becoming certified for aeronautics manufacturing.

 

Grant awards of up to $25,000.00 shall be available to eligible

 

tool and die companies seeking such certification. The grants would

 

be payable after the company achieved certification to reimburse

 

eligible costs associated with obtaining aeronautics certification.

 

     Sec. 1027. Of the funds appropriated in part 1 for the

 

entrepreneurial training and mentoring program, the fund shall

 

partner with the Michigan works! agencies and the department of

 

labor and economic growth to develop and implement a training and

 

mentoring program for students enrolled in secondary and

 

postsecondary educational programs.

 

     Sec. 1028. Of the funds appropriated in part 1, the

 

$5,000,000.00 from the jobs for Michigan investment fund - returns

 

to fund shall only be used to fund the SBIR/STTR matching grant

 

program and the Michigan promotion program. The appropriation from

 

the 21st century jobs trust fund shall only be used to fund the

 

twenty-first century programs.

 

     Sec. 1029. It is the intent of the legislature that the fund

 


Senate Bill No. 511 as amended September 23, 2007

 

only award tax breaks or other economic development incentives to

 

companies that hire 100% Michigan workers. It is also the intent of

 

the legislature that the fund create a sliding scale in which a

 

company that employs 100% Michigan workers is more likely to get a

 

tax break than one that employs any percentage less than 100.

 

 

 

 

 

ARTICLE 14

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 

of military and veterans affairs for the fiscal year ending

 

September 30, 2008, from the funds indicated in this part. The

 

following is a summary of the appropriations in this part:

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 7.0

 

   Full-time equated classified positions........ 1,015.0

 

GROSS APPROPRIATION.................................... $  <<129,861,700>>

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,680,900

 

ADJUSTED GROSS APPROPRIATION........................... $  <<128,180,800>>

 

   Federal revenues:

 

Total federal revenues.................................        56,187,500

 


Senate Bill No. 511 as amended September 23, 2007

 

   Special revenue funds:

 

Total local revenues...................................         1,283,900

 

Total private revenues.................................         1,463,300

 

Total other state restricted revenues..................        28,428,600

 

State general fund/general purpose..................... $   <<40,817,500>>

 

   Sec. 102. HEADQUARTERS AND ARMORIES

 

   Full-time equated unclassified positions.......... 7.0

 

   Full-time equated classified positions.......... 123.0

 

Headquarters and armories--82.5 FTE positions.......... $     10,742,500

 

Unclassified military personnel........................           665,000

 

Military appeals tribunal..............................               900

 

Michigan emergency volunteers..........................             5,000

 

State active duty......................................            90,100

 

Challenge program--40.5 FTE positions..................         4,696,300

 

Homeland security......................................         1,000,000

 

Human resources optimization user charge...............            62,600

 

Military family relief fund............................           600,000

 

GROSS APPROPRIATION.................................... $     17,862,400

 

    Appropriated from:

 

IDG, challenge grant...................................           260,000

 

IDG, community health..................................           100,000

 

IDG, state police......................................           900,000

 

IDG, human services....................................           420,900

 

   Federal revenues:

 

DOD-DOA-NGB............................................         5,226,900

 

   Special revenue funds:

 

Local - school aid fund................................         1,283,900

 


Rental fees............................................           350,000

 

Mackinac Bridge authority..............................            60,000

 

Private donations......................................           819,700

 

Military family relief fund............................           600,000

 

Private-parent pay revenue.............................           103,600

 

State general fund/general purpose..................... $      7,737,400

 

   Sec. 103. MILITARY TRAINING SITES AND SUPPORT

 

FACILITIES

 

   Full-time equated classified positions.......... 200.0

 

Military training sites and support

 

   facilities--200.0 FTE positions...................... $     24,944,100

 

Military training sites and support facilities test

 

   projects.............................................           100,000

 

GROSS APPROPRIATION.................................... $     25,044,100

 

    Appropriated from:

 

   Federal revenues:

 

DOD-DOA-NGB............................................        20,746,600

 

   Special revenue funds:

 

Regional training institute fund.......................         1,500,000

 

Test project fees......................................           100,000

 

State general fund/general purpose..................... $      2,697,500

 

   Sec. 104. DEPARTMENTWIDE APPROPRIATIONS

 

Departmentwide accounts................................ $      1,660,100

 

Special maintenance - state............................           151,200

 

Special maintenance - federal..........................         5,300,000

 

Military retirement....................................         3,048,000

 

Counter narcotic operations............................            50,000

 


Senate Bill No. 511 as amended September 23, 2007

 

Starbase grant.........................................           957,000

 

GROSS APPROPRIATION.................................... $     11,166,300

 

    Appropriated from:

 

   Federal revenues:

 

DOD-DOA-NGB............................................         7,523,100

 

Federal counternarcotic revenues.......................            50,000

 

State general fund/general purpose..................... $      3,593,200

 

   Sec. 105. VETERANS SERVICE ORGANIZATIONS

 

American legion........................................ $      <<886,000>>

 

Disabled American veterans.............................         <<732,400>>

 

Marine corps league....................................         <<336,300>>

 

American veterans of World War II and Korea............         <<464,800>>

 

Veterans of foreign wars...............................         <<886,000>>

 

Michigan paralyzed veterans of America.................         <<165,700>>

 

Purple heart...........................................         <<157,900>>

 

Veterans of World War I................................               100

 

Polish legion of American veterans.....................          <<41,200>>

 

Jewish veterans of America.............................          <<41,200>>

 

State of Michigan council - Vietnam veterans of

 

   America..............................................         <<159,500>>

 

Catholic war veterans..................................          <<41,200>>

 

GROSS APPROPRIATION.................................... $    <<3,912,300>>

 

    Appropriated from:

 

State general fund/general purpose..................... $    <<3,912,300>>

 

   Sec. 106. GRAND RAPIDS VETERANS' HOME

 

   Full-time equated classified positions.......... 517.0

 

Grand Rapids veterans' home--517.0 FTE positions....... $     48,672,800

 


Board of managers......................................           665,000

 

GROSS APPROPRIATION.................................... $     49,337,800

 

    Appropriated from:

 

   Federal revenues:

 

DVA-VHA................................................        15,504,500

 

HHS, Medicaid..........................................           153,500

 

HHS, Medicare..........................................         1,550,900

 

   Special revenue funds:

 

Private - veterans' home post and posthumous funds.....           415,000

 

Income and assessments.................................        14,806,400

 

Military family relief fund............................           250,000

 

Lease revenue..........................................            12,200

 

State general fund/general purpose..................... $     16,645,300

 

   Sec. 107. D.J. JACOBETTI VETERANS' HOME

 

   Full-time equated classified positions.......... 159.0

 

D.J. Jacobetti veterans' home--159.0 FTE positions..... $     15,771,000

 

Board of managers......................................           275,000

 

GROSS APPROPRIATION.................................... $     16,046,000

 

    Appropriated from:

 

   Federal revenues:

 

DVA-VHA................................................         4,479,600

 

HHS, Medicare..........................................           497,600

 

HHS, Medicaid..........................................            10,300

 

   Special revenue funds:

 

Private - veterans' home post and posthumous funds.....           125,000

 

Military family relief fund............................           150,000

 

Income and assessments.................................         5,300,100

 


State general fund/general purpose..................... $      5,483,400

 

   Sec. 108. VETERANS' AFFAIRS DIRECTORATE

 

   Full-time equated classified positions........... 16.0

 

Veterans' affairs directorate administration---3.0

 

   FTE positions........................................ $        336,500

 

Veterans' trust fund administration---13.0 FTE

 

   positions............................................         1,222,300

 

Veterans' trust fund grants............................         3,746,500

 

GROSS APPROPRIATION.................................... $      5,305,300

 

    Appropriated from:

 

   Special revenue funds:

 

Michigan veterans' trust fund..........................         4,968,800

 

State general fund/general purpose..................... $        336,500

 

   Sec. 109. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $       1,187,500

 

GROSS APPROPRIATION.................................... $      1,187,500

 

    Appropriated from:

 

   Federal revenues:

 

DOD-DOA-NGB............................................           116,500

 

DVA-VHA................................................           318,600

 

HHS, Medicare..........................................             9,400

 

   Special revenue funds:

 

Income and assessments.................................           331,100

 

State general fund/general purpose..................... $        411,900

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS


Senate Bill No. 511 as amended September 23, 2007

 

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 <<$69,246,100.00>> and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $120,000.00. The itemized

 

statement below identifies appropriations from which spending to

 

local units of government will occur:

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

MILITARY TRAINING SITES AND SUPPORT FACILITIES

 

Payments in lieu of taxes.............................. $         70,000

 

MICHIGAN VETERANS' TRUST FUND

 

County counselor travel expenses....................... $         50,000

 

TOTAL.................................................. $        120,000

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "Department" means the department of military and veterans

 

affairs.

 

     (b) "Director" means the director of the department of

 

military and veterans affairs.

 

     (c) "DOD" means the United States department of defense.

 

     (d) "DOD-DOA-NGB" means the DOD department of the army,

 

national guard bureau.

 

     (e) "DVA" means the United States department of veterans'

 


affairs.

 

     (f) "DVA-VHA" means the DVA veterans' health administration.

 

     (g) "FTE" means full-time equated.

 

     (h) "HHS" means the United States department of health and

 

human services.

 

     (i) "IDG" means interdepartmental grant.

 

     Sec. 204. The department of civil service shall bill the

 

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. 207. Sixty days before beginning any effort to privatize,

 

the department shall submit a complete project plan to the

 

appropriate senate and house of representatives appropriations

 

subcommittees and the senate and house fiscal agencies. The plan

 

shall include the criteria under which the privatization initiative

 

will be evaluated. The evaluation shall be completed and submitted

 

to the appropriate senate and house of representatives

 


appropriations subcommittees and the senate and house fiscal

 

agencies within 30 months.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this article.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference should be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. 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 of each department receiving

 

appropriations in part 1 shall take all reasonable steps to ensure

 

businesses in deprived and depressed communities compete for and

 

perform contracts to provide services or supplies, or both. Each

 

director shall strongly encourage firms with which the department

 

contracts to subcontract with certified businesses in depressed and

 

deprived communities for services, supplies, or both.

 

     Sec. 211. The departments and agencies receiving

 

appropriations in part 1 shall receive and retain copies of all

 


reports funded from appropriations in part 1. The department shall

 

follow all federal guidelines and state laws regarding short-term

 

and long-term retention of records.

 

     Sec. 212. (1) Of the funds appropriated in part 1 for military

 

training sites and support facilities, there shall be established a

 

Michigan national guard education assistance program. Disbursements

 

to the educational assistance program shall not exceed

 

$1,100,000.00 without legislative approval. Under the program, a

 

member of the national guard who is in active service and who

 

enrolls as a full- or part-time student at a public or private

 

state college or university may be eligible to receive up to an

 

equivalent of 50% of the total cost of tuition not to exceed

 

$2,000.00, as education assistance, in any academic year.

 

     (2) As used in this section, an eligible person means a member

 

of the Michigan national guard who is in active service, as defined

 

in section 105 of the Michigan military act, 1967 PA 150, MCL

 

32.505. An eligible person does not include a member of the

 

Michigan national guard or air national guard who is absent without

 

leave or who is under charges as described in the Michigan code of

 

military justice of 1980, 1980 PA 523, MCL 32.1001 to 32.1148.

 

     (3) The department of military and veterans affairs, office of

 

the adjutant general shall administer the education assistance

 

program and prescribe forms and procedures to effectively carry out

 

the education assistance program.

 

     (4) An eligible person shall apply to the department of

 

military and veterans affairs, office of the adjutant general for

 

education assistance and shall provide evidence of attendance and

 


completion of the course of study with a grade of at least 2.0 on a

 

4.0 scale, or its equivalent. The adjutant general shall approve

 

the application for reimbursement if the applicant meets the

 

definition of an eligible person under subsection (2) and other

 

criteria as established by the adjutant general.

 

     (5) The education assistance program applies to any course of

 

instruction that is included in an associate, undergraduate, or

 

postgraduate degree program offered by a college or university of

 

this state.

 

     (6) The education assistance program applies to an eligible

 

person notwithstanding any other educational incentive or benefit

 

received by the eligible person under any other educational

 

assistance program provided by any other state.

 

     (7) An eligible person who successfully completes the course

 

of study with a grade of at least 2.0 on a 4.0 scale, or its

 

equivalent, shall be eligible for reimbursement.

 

     (8) The department of military and veterans affairs may use

 

funds from the appropriated funds to administer the education

 

assistance program.

 

     (9) Reimbursed members who do not complete their national

 

guard obligation shall pay the state for money received from the

 

state for tuition. Members who fail to repay the state within the

 

time limits established by the adjutant general shall be indebted

 

to the state. The department shall work in conjunction with the

 

department of treasury for inclusion in the tax intercept program

 

for amounts due the state.

 

     (10) A portion of the funds for the Michigan national guard

 


education assistance program may be used by the department for the

 

purpose of promoting the program and for encouraging those persons

 

the department wishes to have enlist or reenlist in the Michigan

 

national guard.

 

     Sec. 213. The department shall consult with the house and

 

senate appropriations subcommittees on military and veterans

 

affairs regarding the projected closing or consolidation of any

 

national guard armories.

 

     Sec. 214. It is the intent of the legislature that, should the

 

necessary legislation be enacted and funding become available,

 

funds be appropriated for state military cemeteries in Crawford and

 

Dickinson counties.

 

     Sec. 221. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. These user fees shall be subject to

 

provisions of an interagency agreement between the departments and

 

agencies and the department of information technology.

 

     Sec. 223. 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. 225. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 


2008 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

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

 

for law enforcement purposes.

 

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

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

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

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

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

 

staff that is not available within this state.

 

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

 

funds.

 

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

 

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

 

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

 

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

 

to the senate and house of representatives standing committees on

 

appropriations.

 

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

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

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

 

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

 


submitted to the chairs and members of the senate and house of

 

representatives standing committees on appropriations, the senate

 

and house fiscal agencies, and the state budget director. The

 

report shall include the following information:

 

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

 

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

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

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

 

occurrence.

 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

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

 

immediately preceding fiscal year.

 

     Sec. 226. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 227. Sixty days prior to the public announcement of the

 

intention to sell any department property, the department shall

 

submit notification of that intent to the appropriate senate and

 

house appropriations subcommittees and the senate and house fiscal

 

agencies.

 

     Sec. 228. 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. 229. There is hereby created and established under the

 

jurisdiction and control of the department a revolving account to

 

be known as the regional training institute conference center

 

account. All of the fees and other revenues generated from the

 

operation of the regional training institute conference center

 

shall be deposited in the regional training institute conference

 

center account. Appropriations shall be made from the account for

 

the support of program operations and the maintenance and

 

operations of the regional training institute, the construction and

 

maintenance of morale, welfare, and recreation facilities on Fort

 

Custer or training areas within Michigan, and shall not exceed the

 

estimated revenues for the fiscal year in which they are made,

 

together with unexpended balances from prior years. The department

 

shall submit an annual report of operations and expenditures

 

regarding the regional training institute conference center account

 

to the senate and house of representatives standing committees on

 

appropriations, the senate and house fiscal agencies, and the state

 

budget director at the end of the fiscal year.

 

     Sec. 230. The regional training institute conference center

 

shall be available but not limited to the following:

 

     (a) Military personnel.

 

     (b) Federal, state, and local government agencies.

 

     (c) Educational institutions.

 

     (d) Nonprofit corporations or associations organized pursuant

 

to the nonprofit corporation act, 1962 PA 162, MCL 450.2101 to

 


450.3192.

 

     (e) Community service clubs.

 

     (f) Groups of persons with disabilities.

 

     (g) Members of the legislature for the purposes related to the

 

business of the legislature.

 

     (h) Entities and organizations that wish to use the conference

 

center to host an event that has a military agenda.

 

     Sec. 231. (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.

 

 

 

HEADQUARTERS AND ARMORIES

 

     Sec. 301. The department may charge reasonable rental and

 

equipment usage fees for renting an armory or using the distance

 

learning network. The fee shall include the cost of overtime

 

compensation, insurance coverage, and any maintenance required.

 

     Sec. 302. (1) The funds appropriated in this article for

 

private donations to the challenge program shall be considered

 


state restricted revenue, and unexpended funds remaining at the

 

close of the fiscal year shall not lapse to the general fund but

 

shall be carried forward to the subsequent fiscal year.

 

     (2) The department shall make every effort to identify

 

alternative sources of revenue to replace the general fund/general

 

purpose funding provided in this article for the challenge program.

 

     (3) The department may charge a parent or guardian of a

 

participant in the challenge program a fee for participating in the

 

program if the participant is a member of a family with an income

 

that exceeds 200% of the federal poverty guidelines as published by

 

the United States department of health and human services. The

 

amount charged the parent or guardian shall not exceed the per-

 

student state share cost of administering the program. The parent

 

or guardian shall be notified of any charge to be assessed under

 

this subsection prior to enrollment of the child in the program.

 

     Sec. 304. The department will partner with the department of

 

human services to identify youth who may be eligible for the

 

challenge program from those youth served by department of human

 

services programs. These eligible youth shall be given priority for

 

enrollment in the program.

 

 

 

VETERANS SERVICE ORGANIZATIONS

 

     Sec. 501. (1) Money appropriated in part 1 for grants to

 

veterans service organizations shall be used only for salaries,

 

wages, related personnel costs, training, and equipment for

 

accredited veteran service advocacy officers and necessary support

 

and managerial staff. Training shall be provided for service

 


advocacy officers and shall be conducted by accredited advocacy

 

officers.

 

     (2) To receive a grant from the money appropriated in part 1,

 

a veterans service organization shall meet the following

 

eligibility requirements:

 

     (a) Be congressionally chartered by the United States

 

congress.

 

     (b) Be an active participating member of the Michigan veterans

 

organizations' rehabilitation and veterans service committee and

 

abide by its rules, guidelines, and programs.

 

     (c) Demonstrate the receipt of monetary or service support

 

from its own organization.

 

     (d) Comply with the department's and the legislature's

 

requirements of accounting audits, service work activity,

 

accounting of recoveries, listing of volunteer hours, budget

 

requests, and other requirements specified in subsection (3).

 

     (e) For a veterans service organization founded after

 

September 30, 1989, be in operation and providing service to

 

Michigan veterans for not less than 2 years before receiving an

 

initial state grant. During this 2-year period of time, the

 

organization shall file a listing of service work activity and an

 

accounting of recoveries with the department, the senate and house

 

fiscal agencies, the senate and house of representatives

 

appropriations subcommittees on military affairs, and the state

 

budget office on forms as prescribed by the department.

 

     (3) A veterans service organization receiving a grant from the

 

money appropriated in part 1 shall file with the department an

 


accounting of its expenditures, audited and certified by a

 

certified public accountant, within 120 days after the

 

organization's fiscal year end. Each organization shall provide a

 

detailed budget request for the fiscal year ending September 30,

 

2009 to the department by November 15, 2007. Each veterans service

 

organization shall provide 5 copies of a listing of all service

 

activity, an accounting of recoveries, and a listing of volunteer

 

hours for the fiscal year ending September 30, 2007 to the

 

department by January 31, 2008. The listing of volunteer hours

 

shall include the hours, services, and donations provided to

 

residents of the Grand Rapids veterans' home and the D.J. Jacobetti

 

veterans' home. Each veterans service organization shall provide a

 

copy of the most recent and completed internal revenue service form

 

990 to the department at the end of the fiscal year ending

 

September 30, 2007. A veterans service organization receiving a

 

grant from the money appropriated in part 1 shall use the forms

 

recommended by the Michigan veterans organizations rehabilitation

 

and veterans service committee for filing reports required by this

 

article. The department shall forward information required under

 

this section to the senate and house fiscal agencies, the senate

 

and house of representatives appropriations subcommittees on

 

military affairs, and the state budget office.

 

     (4) The veterans service directors committee and the

 

department shall take steps to improve the coordination of veterans

 

benefits counseling in the state to maximize the effective and

 

efficient use of taxpayer dollars in this goal and to ensure that

 

every veteran is served.

 


     (5) To accomplish the goal of subsection (4), the veterans

 

service directors committee and the department shall take steps to

 

increase their responsibility in the administration, management,

 

oversight, and outreach of the delivery of services to veterans.

 

The veterans service directors committee and the department shall

 

involve county veterans counselors and representatives from the

 

Michigan veterans trust fund to work in concert to identify,

 

implement, and evaluate steps to do all of the following:

 

     (a) Increase the veterans service directors committee and the

 

department's role in working directly with the United States

 

department of veterans' affairs to enhance the delivery of services

 

to Michigan veterans.

 

     (b) Increase the number of initial claims filed with the

 

United States department of veterans' affairs on behalf of veterans

 

for service-connected disability or pension benefits. The veterans

 

service directors committee and the department may work toward

 

either an absolute increase of approved claims or an increase in

 

the percentage of Michigan veterans with approved claims.

 

     (c) Develop methods to increase rates of recovery paid by the

 

United States department of veterans' affairs to Michigan veterans

 

either by an increase in compensation paid per approved claim or

 

increase in compensation paid on a per capita basis.

 

     (d) Expand training opportunities for veterans service

 

organization service officers.

 

     (e) Increase either the number or percentage of Michigan

 

veterans enrolled in the VA health care system.

 

     (f) Publicize the availability, benefit, and value of burial

 


in the Fort Custer and Great Lakes national cemeteries.

 

     (g) Review each grant recipient's performance under the

 

program and require that performance be a major consideration in

 

the future funding of each grant recipient.

 

     (h) Identify areas of redundancy which may exist among

 

services provided by veterans service organizations grantees,

 

Michigan veterans trust fund county committees, and county veterans

 

counselors and provide a proposal on how any redundancies may be

 

minimized and identify specific cost savings which could result.

 

     (6) The veterans service directors committee and the

 

department shall create a report of the efforts to complete the

 

goals outlined in this section and shall provide suggestions on how

 

a more effective and efficient veterans' benefits counseling

 

program may best be designed for implementation for fiscal year

 

2008-2009. This report shall be delivered to the house and senate

 

appropriations subcommittees no later than March 1, 2008.

 

 

 

VETERANS' HOMES

 

     Sec. 601. Appropriations in this article for the Grand Rapids

 

veterans' home and the D.J. Jacobetti veterans' home shall not be

 

used for any purpose other than for veterans and veterans'

 

families.

 

     Sec. 602. The Grand Rapids veterans' home and the D.J.

 

Jacobetti veterans' home, together with the department and the

 

department of management and budget, shall produce and deliver to

 

the senate and house of representatives appropriations

 

subcommittees on state police and military affairs an annual

 


written report. The report shall include an accounting of member

 

populations and bed space available; a description and accounting

 

of services and activities provided to members; financial

 

information; current state nursing home licensure status; the steps

 

required for Medicaid certification, including a listing of any

 

personnel, equipment, supplies, or budgetary increases required;

 

and whether or not steps are being taken toward Medicaid

 

certification. The annual report shall be submitted to the senate

 

and house of representatives appropriations subcommittees on

 

military affairs no later than February 1, 2008.

 

     Sec. 603. The money appropriated in this article for the

 

boards of managers may be expended for facility improvements, the

 

purchase and repair of equipment and furnishings, member services,

 

and other purposes that benefit the Grand Rapids veterans' home and

 

the D.J. Jacobetti veterans' home.

 

 

 

VETERANS' TRUST FUND

 

     Sec. 703. By April 1, 2008, the department shall submit to the

 

senate and house of representatives appropriations subcommittees on

 

military affairs and the state budget office a detailed annual

 

report of the Michigan veterans' trust fund for fiscal year 2006-

 

2007. The report shall include information on grants provided from

 

the emergency grant program, including details concerning the

 

methodology of allocations, the selection of emergency grant

 

program authorized agents, and a detailed breakdown of trust fund

 

expenditures for that year. The report shall also provide an update

 

on the department's efforts to reduce program administrative costs

 


and restore the Michigan veterans' trust fund corpus to its

 

original amount of $50,000,000.00.

 

     Sec. 704. The Michigan veterans affairs directorate

 

administration and the Michigan veterans' trust fund administration

 

shall take steps to assist the county veterans counselors of the

 

state to obtain training necessary for the execution of their

 

duties.

 

 

 

 

 

ARTICLE 15

 

DEPARTMENT OF NATURAL RESOURCES

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 

of natural resources for the fiscal year ending September 30, 2008,

 

from the funds indicated in this part. The following is a summary

 

of the appropriations in this part:

 

DEPARTMENT OF NATURAL RESOURCES

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 2,082.9

 

GROSS APPROPRIATION.................................... $    288,567,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         3,808,300

 

ADJUSTED GROSS APPROPRIATION........................... $    284,759,600

 


   Federal revenues:

 

Total federal revenues.................................        47,834,700

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................         3,166,500

 

Total other state restricted revenues..................       210,508,500

 

State general fund/general purpose..................... $     23,249,900

 

FUND SOURCE SUMMARY:

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 2,082.9

 

GROSS APPROPRIATION.................................... $    288,567,900

 

   Interdepartmental grant revenues:

 

IDG, engineering services to work orders...............         1,972,100

 

IDG, land acquisition services to work orders..........           417,000

 

IDG, MacMullan conference center revenue...............         1,419,200

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         3,808,300

 

ADJUSTED GROSS APPROPRIATION........................... $    284,759,600

 

   Federal revenues:

 

DAG, federal...........................................        14,209,800

 

DHS, federal...........................................         5,905,600

 

DOC, federal...........................................            71,400

 

DOE, federal...........................................             1,000

 

DOI, federal...........................................        25,260,100

 

DOT, federal...........................................         2,100,000

 

EPA, federal...........................................           286,800

 

Total federal revenues.................................        47,834,700

 


   Special revenue funds:

 

Private funds..........................................         3,166,500

 

Total private revenues.................................         3,166,500

 

Aircraft fees..........................................           257,300

 

Air photo fees - geographic information system.........            26,300

 

Cervidae licensing and inspection fees.................           165,000

 

Clean Michigan initiative fund.........................            57,600

 

Commercial forest fund.................................            48,500

 

Forest development fund................................        27,316,800

 

Forestland user charges................................           563,400

 

Forest recreation fund.................................         1,459,000

 

Game and fish protection fund..........................        66,797,600

 

Game and fish protection fund - deer habitat reserve...         3,039,900

 

Game and fish protection fund - fisheries settlement...           905,500

 

Game and fish protection fund - turkey permit fees.....         1,837,700

 

Game and fish protection fund - waterfowl fees.........           108,900

 

Game and fish - wildlife resource protection fund......         1,653,600

 

Game and fish protection fund - youth hunting and

 

   fishing education and outreach fund..................            28,400

 

Harbor development fund................................           299,400

 

Land exchange facilitation fund........................         6,166,400

 

Marine safety fund.....................................         4,771,700

 

Michigan civilian conservation corps endowment fund....           525,000

 

Michigan natural resources trust fund..................         3,065,200

 

Michigan state parks endowment fund....................        13,816,600

 

Michigan state waterways fund..........................        16,504,100

 

Nongame wildlife fund..................................           704,800

 


Off-road vehicle trail improvement fund................         4,701,600

 

Park improvement fund..................................        41,367,500

 

Publications revenue...................................               500

 

Recreation improvement fund............................         1,476,500

 

Safety education fund..................................           217,300

 

Shop fees..............................................            65,900

 

Snowmobile registration fee revenue....................         2,273,400

 

Snowmobile trail improvement fund......................        10,030,100

 

Sportsmen against hunger fund..........................           257,000

 

Total other state restricted revenues..................       210,508,500

 

State general fund/general purpose..................... $     23,249,900

 

   Sec. 102. EXECUTIVE

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 45.6

 

Commission (including travel expense--per diem)........ $         91,300

 

Unclassified salaries--6.0 FTE positions...............           416,500

 

Communications--33.6 FTE positions.....................         3,420,800

 

Executive direction--12.0 FTE positions................         2,215,100

 

GROSS APPROPRIATION.................................... $      6,143,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG, MacMullan conference center revenue...............             6,100

 

   Special revenue funds:

 

Aircraft fees..........................................               500

 

Forest development fund................................           301,100

 

Forestland user charges................................             6,500

 

Forest recreation fund.................................            28,000

 


Game and fish protection fund..........................         2,040,500

 

Game and fish protection fund - deer habitat reserve...            38,000

 

Game and fish protection fund - turkey permit fees.....            16,200

 

Game and fish protection fund - waterfowl fees.........               900

 

Game and fish - wildlife resource protection fund......            15,600

 

Game and fish protection fund - youth hunting and

 

   fishing education and outreach fund..................            28,400

 

Harbor development fund................................               600

 

Land exchange facilitation fund........................            65,100

 

Marine safety fund.....................................            29,900

 

Michigan natural resources trust fund..................            33,000

 

Michigan state parks endowment fund....................           134,100

 

Michigan state waterways fund..........................           288,100

 

Nongame wildlife fund..................................            11,300

 

Off-road vehicle trail improvement fund................            24,200

 

Park improvement fund..................................         2,214,900

 

Publications revenue...................................               500

 

Recreation improvement fund............................            13,300

 

Snowmobile registration fee revenue....................             4,400

 

Snowmobile trail improvement fund......................            47,400

 

State general fund/general purpose..................... $        795,100

 

   Sec. 103. ADMINISTRATIVE SERVICES

 

   Full-time equated classified positions........... 80.0

 

Budget and support services--10.0 FTE positions........ $      1,034,600

 

Financial services--27.0 FTE positions.................         2,643,800

 

Grants management--15.0 FTE positions..................         1,356,000

 

Human resources--20.0 FTE positions....................         2,186,600

 


Human resources optimization user charges..............           163,000

 

Internal audit--8.0 FTE positions......................           867,000

 

GROSS APPROPRIATION.................................... $      8,251,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

   Federal revenues:

 

DOI, federal...........................................           315,600

 

   Special revenue funds:

 

Clean Michigan initiative fund.........................            57,600

 

Commercial forest fund.................................             1,000

 

Forest development fund................................         1,113,700

 

Forestland user charges................................             1,000

 

Forest recreation fund.................................            77,100

 

Game and fish protection fund..........................         1,666,000

 

Game and fish protection fund - deer habitat reserve...            66,400

 

Game and fish protection fund - turkey permit fees.....            33,700

 

Game and fish protection fund - waterfowl fees.........             4,600

 

Game and fish - wildlife resource protection fund......            35,000

 

Harbor development fund................................             7,200

 

Land exchange facilitation fund........................            77,500

 

Marine safety fund.....................................           173,300

 

Michigan natural resources trust fund..................           754,100

 

Michigan state parks endowment fund....................           360,400

 

Michigan state waterways fund..........................           482,800

 

Nongame wildlife fund..................................            23,900

 

Off-road vehicle trail improvement fund................            70,600

 

Park improvement fund..................................         1,375,900

 


Recreation improvement fund............................            21,000

 

Safety education fund..................................             6,600

 

Snowmobile registration fee revenue....................            79,000

 

Snowmobile trail improvement fund......................           246,800

 

State general fund/general purpose..................... $      1,200,200

 

   Sec. 104. LAND AND FACILITIES

 

   Full-time equated classified positions.......... 134.2

 

Land and facilities--134.2 FTE positions............... $      20,310,600

 

GROSS APPROPRIATION.................................... $     20,310,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG, engineering services to work orders...............         1,972,100

 

IDG, land acquisition services to work orders..........           417,000

 

IDG, MacMullan conference center revenue...............         1,413,100

 

   Special revenue funds:

 

Forest development fund................................         1,903,300

 

Forestland user charges................................            13,600

 

Forest recreation fund.................................            11,000

 

Game and fish protection fund..........................         6,912,600

 

Game and fish protection fund - deer habitat reserve...           117,900

 

Game and fish protection fund - turkey permit fees.....            37,600

 

Game and fish - wildlife resource protection fund......            10,400

 

Land exchange facilitation fund........................         5,907,900

 

Marine safety fund.....................................            75,700

 

Michigan natural resources trust fund..................             5,900

 

Michigan state parks endowment fund....................           132,600

 

Michigan state waterways fund..........................           266,100

 


Off-road vehicle trail improvement fund................            24,100

 

Park improvement fund..................................           504,200

 

Snowmobile trail improvement fund......................           123,800

 

State general fund/general purpose..................... $        461,700

 

   Sec. 105. DEPARTMENTAL OPERATION SUPPORT

 

Building occupancy charges............................. $      2,135,700

 

Rent - privately owned property........................           565,000

 

Gifts and bequests.....................................           500,000

 

GROSS APPROPRIATION.................................... $      3,200,700

 

    Appropriated from:

 

   Special revenue funds:

 

Private funds..........................................           500,000

 

Forest development fund................................           651,100

 

Forest recreation fund.................................            20,900

 

Game and fish protection fund..........................           952,400

 

Game and fish protection fund - deer habitat reserve...            21,300

 

Game and fish protection fund - turkey permit fees.....            20,400

 

Game and fish - wildlife resource protection fund......             7,600

 

Land exchange facilitation fund........................            13,200

 

Marine safety fund.....................................            34,900

 

Michigan natural resources trust fund..................            43,000

 

Michigan state parks endowment fund....................           245,400

 

Michigan state waterways fund..........................           151,600

 

Park improvement fund..................................           341,600

 

Snowmobile trail improvement fund......................            22,300

 

State general fund/general purpose..................... $        175,000

 

   Sec. 106. WILDLIFE MANAGEMENT

 


   Full-time equated classified positions.......... 195.7

 

Wildlife management--186.7 FTE positions............... $     27,630,000

 

Natural resources heritage--9.0 FTE positions..........         1,334,700

 

State game and wildlife area maintenance...............           500,000

 

GROSS APPROPRIATION.................................... $     29,464,700

 

    Appropriated from:

 

   Federal revenues:

 

DAG, federal...........................................           206,000

 

DOI, federal...........................................        10,957,100

 

EPA, federal...........................................             1,000

 

   Special revenue funds:

 

Private funds..........................................           114,400

 

Cervidae licensing and inspection fees.................           101,300

 

Forest development fund................................            63,300

 

Game and fish protection fund..........................        10,653,600

 

Game and fish protection fund - deer habitat reserve...         2,723,300

 

Game and fish protection fund - turkey permit fees.....         1,665,500

 

Game and fish protection fund - waterfowl fees.........           103,400

 

Nongame wildlife fund..................................           633,800

 

Sportsmen against hunger fund..........................           257,000

 

State general fund/general purpose..................... $      1,985,000

 

   Sec. 107. FISHERIES MANAGEMENT

 

   Full-time equated classified positions.......... 225.0

 

Aquatic resource mitigation--3.0 FTE positions......... $        906,500

 

Fish production--62.0 FTE positions....................         8,530,200

 

Fisheries resource management--160.0 FTE positions.....        20,094,000

 

GROSS APPROPRIATION.................................... $     29,530,700

 


    Appropriated from:

 

   Federal revenues:

 

DOC, federal...........................................            53,300

 

DOE, federal...........................................             1,000

 

DOI, federal...........................................         9,392,600

 

EPA, federal...........................................           165,000

 

   Special revenue funds:

 

Private funds..........................................           116,300

 

Game and fish protection fund..........................        18,897,000

 

Game and fish protection fund - fisheries settlement...           905,500

 

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

 

   Sec. 108. PARKS AND RECREATION

 

   Full-time equated classified positions.......... 794.9

 

Michigan civilian conservation corps--3.0 FTE

 

   positions............................................ $        500,000

 

Recreational boating--163.5 FTE positions..............        14,448,500

 

State parks--628.4 FTE positions.......................        46,981,200

 

State parks improvement revenue bonds - debt service...         1,127,800

 

GROSS APPROPRIATION.................................... $     63,057,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

   Federal revenues:

 

EPA, federal...........................................           119,800

 

   Special revenue funds:

 

Private funds..........................................           362,500

 

Harbor development fund................................           285,000

 

Michigan civilian conservation corps endowment fund....           500,000

 


Michigan state parks endowment fund....................        12,032,500

 

Michigan state waterways fund..........................        14,163,500

 

Off-road vehicle trail improvement fund................           242,200

 

Park improvement fund..................................        35,352,000

 

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

 

   Sec. 109. FOREST, MINERAL, AND FIRE MANAGEMENT

 

   Full-time equated classified positions.......... 340.0

 

Adopt-a-forest program................................. $         25,000

 

Cooperative resource programs--10.5 FTE positions......         1,596,500

 

Forest and timber treatments--120.0 FTE positions......        14,165,200

 

Forest fire equipment..................................           100,000

 

Forest fire protection--130.0 FTE positions............        10,503,900

 

Forest management initiatives--9.2 FTE positions.......           862,900

 

Forest management planning--18.0 FTE positions.........         3,996,600

 

Forest recreation--35.0 FTE positions..................         5,369,400

 

Minerals management--17.3 FTE positions................         2,515,700

 

GROSS APPROPRIATION.................................... $     39,135,200

 

    Appropriated from:

 

   Federal revenues:

 

DAG, federal...........................................         2,378,800

 

DOI, federal...........................................             2,000

 

EPA, federal...........................................             1,000

 

   Special revenue funds:

 

Private funds..........................................           923,300

 

Aircraft fees..........................................           256,800

 

Air photo fees - geographic information system.........            26,300

 

Commercial forest fund.................................            47,500

 


Forest development fund................................        21,829,000

 

Forestland user charges................................           526,200

 

Forest recreation fund.................................         1,211,500

 

Game and fish protection fund..........................         1,702,200

 

Michigan natural resources trust fund..................         1,243,100

 

Michigan state parks endowment fund....................           563,800

 

Michigan state waterways fund..........................           385,100

 

Off-road vehicle trail improvement fund................           661,500

 

Recreation improvement fund............................           322,400

 

Shop fees..............................................            65,900

 

Snowmobile trail improvement fund......................         2,212,700

 

State general fund/general purpose..................... $      4,776,100

 

   Sec. 110. LAW ENFORCEMENT

 

   Full-time equated classified positions.......... 267.5

 

General law enforcement--267.5 FTE positions........... $      32,742,600

 

GROSS APPROPRIATION.................................... $     32,742,600

 

    Appropriated from:

 

   Federal revenues:

 

DHS, federal...........................................         4,435,600

 

DOC, federal...........................................            18,100

 

DOI, federal...........................................         1,475,900

 

   Special revenue funds:

 

Cervidae licensing and inspection fees.................            63,700

 

Forest recreation fund.................................            59,700

 

Game and fish protection fund..........................        18,963,200

 

Game and fish - wildlife resource protection fund......         1,529,700

 

Marine safety fund.....................................         1,579,800

 


Off-road vehicle trail improvement fund................         1,225,000

 

Park improvement fund..................................            59,700

 

Safety education fund..................................            60,700

 

Snowmobile registration fee revenue....................         1,018,300

 

State general fund/general purpose..................... $      2,253,200

 

   Sec. 111. PAYMENTS IN LIEU OF TAXES

 

Swamp and tax reverted lands........................... $      7,071,500

 

Purchased lands........................................         3,158,500

 

Commercial forest reserves.............................         2,662,600

 

GROSS APPROPRIATION.................................... $     12,892,600

 

    Appropriated from:

 

   Special revenue funds:

 

Game and fish protection fund..........................         1,715,000

 

Michigan natural resources trust fund..................           500,000

 

Michigan state waterways fund..........................           135,000

 

State general fund/general purpose..................... $     10,542,600

 

   Sec. 112. GRANTS

 

Federal - clean vessel act grants...................... $        400,000

 

Federal - forest stewardship grants....................         4,125,000

 

Federal - land and water conservation fund payments....         2,566,900

 

Federal - rural community fire protection..............           300,000

 

Federal - urban forestry grants........................         4,000,000

 

Grants to communities - federal oil, gas, and timber

 

   payments.............................................         3,450,000

 

National recreational trails...........................         2,150,000

 

Accessibility grants...................................         1,000,000

 

Game and nongame wildlife fund grants..................            10,000

 


Grant to counties - marine safety......................         4,275,000

 

Inland fisheries resources grants......................           200,000

 

Off-road vehicle safety training grants................           150,000

 

Off-road vehicle trail improvement grants..............         2,454,000

 

Recreation improvement fund grants.....................         1,100,000

 

Snowmobile law enforcement grants......................         1,142,000

 

Snowmobile local grants program........................         7,314,000

 

GROSS APPROPRIATION.................................... $     34,636,900

 

    Appropriated from:

 

   Federal revenues:

 

DAG, federal...........................................        11,625,000

 

DHS, federal...........................................         1,470,000

 

DOI, federal...........................................         3,116,900

 

DOT, federal...........................................         2,100,000

 

   Special revenue funds:

 

Private funds..........................................         1,150,000

 

Game and fish protection fund..........................           200,000

 

Marine safety fund.....................................         2,805,000

 

Nongame wildlife fund..................................            10,000

 

Off-road vehicle trail improvement fund................         2,454,000

 

Recreation improvement fund............................         1,100,000

 

Safety education fund..................................           150,000

 

Snowmobile registration fee revenue....................         1,142,000

 

Snowmobile trail improvement fund......................         7,314,000

 

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

 

   Sec. 113. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $       9,201,700

 


GROSS APPROPRIATION.................................... $      9,201,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

   Special revenue funds:

 

Forest development fund................................         1,455,300

 

Forestland user charges................................            16,100

 

Forest recreation fund.................................            50,800

 

Game and fish protection fund..........................         3,095,100

 

Game and fish protection fund - deer habitat reserve...            73,000

 

Game and fish protection fund - turkey permit fees.....            64,300

 

Game and fish - wildlife resource protection fund......            55,300

 

Harbor development fund................................             6,600

 

Land exchange facilitation fund........................           102,700

 

Marine safety fund.....................................            73,100

 

Michigan civilian conservation corps endowment fund....           25,000

 

Michigan natural resources trust fund..................           486,100

 

Michigan state parks endowment fund....................           347,800

 

Michigan state waterways fund..........................           631,900

 

Nongame wildlife fund..................................            25,800

 

Park improvement fund..................................         1,519,200

 

Recreation improvement fund............................            19,800

 

Snowmobile registration fee revenue....................            29,700

 

Snowmobile trail improvement fund......................            63,100

 

State general fund/general purpose..................... $      1,061,000

 

 

 

 

 

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 $233,758,400.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $17,949,600.00. The

 

itemized statement below identifies appropriations from which

 

spending to local units of government will occur:

 

DEPARTMENT OF NATURAL RESOURCES

 

PAYMENTS IN LIEU OF TAXES

 

Commercial forest reserves............................. $      2,662,600

 

Purchased lands........................................         3,158,500

 

Swamp and tax reverted lands...........................         7,071,500

 

GRANTS

 

Grants to counties - marine safety..................... $      2,805,000

 

Off-road vehicle safety training grants................           150,000

 

Off-road vehicle trail improvement grants..............           450,000

 

Recreation improvement fund grants.....................           110,000

 

Snowmobile law enforcement grants......................         1,142,000

 

Snowmobile local grants program........................           400,000

 

TOTAL.................................................. $     17,949,600

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "Commission" means the commission of natural resources.

 


     (b) "DAG" means the United States department of agriculture.

 

     (c) "Department" means the department of natural resources.

 

     (d) "DHS" means the United States department of homeland

 

security.

 

     (e) "DOC" means the United States department of commerce.

 

     (f) "DOE" means the United States department of energy.

 

     (g) "DOI" means the United States department of interior.

 

     (h) "DOT" means the United States department of

 

transportation.

 

     (i) "EPA" means the United States environmental protection

 

agency.

 

     (j) "FTE" means full-time equated.

 

     (k) "IDG" means interdepartmental grant.

 

     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 loss of revenue to the

 

state, result in the inability of the state to receive federal

 

funds, or necessitate additional expenditures that exceed any

 

savings from maintaining a vacancy. The state budget director shall

 

report quarterly to the chairpersons of the senate and house of

 

representatives standing committees on appropriations the number of

 

exceptions to the hiring freeze approved during the previous

 

quarter and the reasons to justify the exceptions.

 

     Sec. 206. The department shall use the Internet to fulfill the

 

reporting requirements of this article. This requirement can be met

 

if reports are transmitted via electronic mail to the recipients

 

identified for each reporting requirement or it may include

 

placement of reports on an Internet or Intranet site.

 

     Sec. 207. Within 14 days after the release of the executive

 

budget recommendation, the department shall provide the state

 

budget director, the senate and house appropriations subcommittees

 

on natural resources, and the senate and house fiscal agencies with

 

an annual report on estimated restricted fund balances, projected

 

revenues, and expenditures for the fiscal years ending September

 

30, 2007 and September 30, 2008.

 

     Sec. 208. (1) From the funds appropriated under part 1, the

 

department shall prepare a report that lists all of the following

 

regarding grant, loan, or grant and loan programs administered by

 

the department for the fiscal year ending on September 30, 2008:

 

     (a) The name of each program.

 

     (b) The goals, criteria, filing fees, nominating procedures,

 


eligibility requirements, processes, and deadlines for each

 

program.

 

     (c) The maximum and minimum grant and loan available and

 

whether there is a match requirement for each program.

 

     (d) The amount of any required match, and whether in-kind

 

contributions may be used as part or all of a required match.

 

     (e) Information pertaining to the application process,

 

timeline for each program, and the contact people within the

 

department.

 

     (f) The source of funds for each program, including the

 

citation of pertinent authorizing acts.

 

     (g) Information regarding plans for the next fiscal year for

 

the phaseout, expansion, or changes for each program.

 

     (h) A listing of all recipients of grants or loans awarded by

 

the department by type and amount of grant or loan during the

 

fiscal year ending September 30, 2007.

 

     (2) The reports required under this section shall be submitted

 

to the state budget director, the senate and house appropriations

 

committees, and the senate and house fiscal agencies by January 1,

 

2008.

 

     Sec. 210. Before January 31, 2008, the department, in

 

cooperation with the Michigan state waterways commission, shall

 

provide to the state budget director, the senate and house

 

appropriations subcommittees on natural resources, and the senate

 

and house fiscal agencies a list of projects completed by the

 

commission in fiscal year 2006-2007, including the county and

 

municipality in which each project is located.

 


     Sec. 211. Pursuant to section 43703(3) of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.43703, there is appropriated from the game and fish protection

 

trust fund to the game and fish protection account of the Michigan

 

conservation and recreation legacy fund, $6,000,000.00 for the

 

fiscal year ending September 30, 2008.

 

     Sec. 212. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. Such user fees shall be subject to

 

provisions of an interagency agreement between the department and

 

the department of information technology.

 

     Sec. 213. 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. 214. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2008 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 house and senate 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. 215. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and 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. 216. 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. 217. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 218. (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. 219. 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. 220. 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 report to the state budget director, the senate

 

and house appropriations subcommittees, and the senate and house

 

fiscal agencies on the progress made toward increased efficiencies

 

in departmental 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.

 

 

 

ADMINISTRATIVE SERVICES

 

     Sec. 401. The department may charge the appropriations

 

contained in part 1, including all special maintenance and capital

 

projects appropriated for the fiscal year ending September 30,

 

2008, for engineering services provided, a standard percentage fee

 

to recover actual costs. The department may use the revenue derived

 

to support the engineering services charges provided for in part 1.

 

     Sec. 402. The department may charge land acquisition projects

 

appropriated for the fiscal year ending September 30, 2008, and for

 

prior fiscal years, a standard percentage fee to recover actual

 

costs, and may use the revenue derived to support the land

 

acquisition service charges provided for in part 1.

 

     Sec. 403. The department may charge both application fees and

 

transaction fees related to the exchange or sale of state-owned

 

land or rights in land authorized by part 21 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.2101 to 324.2162. The fees shall be set by the director at a

 

rate which allows the department to recover its costs for providing

 

these services.

 

     Sec. 404. The department shall prominently display in a

 

prominent place in the fishing guide provided to each licensed

 

fisher and paid for from the funds appropriated in part 1, the

 

website address for the department of community health. In

 

addition, the fishing guide shall include information on

 

alternative sources where interested parties without Internet

 


access may find information on fish advisories issued by the

 

department of community health.

 

     Sec. 405. Within 21 days after the end of the fiscal year

 

ending September 30, 2008, the department shall submit to the

 

senate and house appropriations subcommittees on natural resources

 

a report on all land transactions approved by the commission in the

 

previous fiscal year. For each land transaction, the report shall

 

include the size of the parcel, the county and municipality in

 

which the parcel is located, the dollar amount of the transaction,

 

the fund source affected by the transaction, and whether the

 

transaction is by purchase, public auction, transfer, exchange, or

 

conveyance.

 

 

 

WILDLIFE MANAGEMENT

 

     Sec. 501. Of the funds appropriated in part 1, the department

 

shall reimburse the department of agriculture for costs incurred

 

for indemnification payments for livestock losses caused by wolves,

 

coyotes, or cougars under the animal industry act, 1988 PA 466, MCL

 

287.701 to 287.745.

 

     Sec. 503. From the funds appropriated in part 1, the

 

department shall submit quarterly reports to the state budget

 

director, the senate and house appropriations subcommittees on

 

natural resources, and the senate and house fiscal agencies that

 

provide detail about enforcement actions taken to eradicate bovine

 

TB, the number of infected deer found, new science it is working on

 

to detect bovine TB, and other relevant information about the

 

department's efforts to address the presence of bovine TB in the

 


state.

 

 

 

FISHERIES MANAGEMENT

 

     Sec. 601. As a condition of expenditure of fisheries

 

management appropriations under part 1, the department shall not

 

impede the certification process for water control structures on

 

Michigan waterways. The department shall fund from funds

 

appropriated in part 1 all non-water-quality studies or

 

requirements that the department requests of either of the

 

following:

 

     (a) The department of environmental quality as a condition for

 

issuance of a certification under the federal water pollution

 

control act, 33 USC 1341.

 

     (b) The federal energy regulatory commission as a condition of

 

licensing under the federal power act, 16 USC 791a to 825r.

 

     Sec. 602. (1) From the appropriation in part 1 for aquatic

 

resource mitigation, not more than $758,000.00 shall be allocated

 

for grants to watershed councils, resource development councils,

 

soil conservation districts, local governmental units, and other

 

nonprofit organizations for stream habitat stabilization and soil

 

erosion control.

 

     (2) The fisheries division of the department shall develop

 

priority and cost estimates for all recommended projects.

 

     Sec. 603. From the funds appropriated in part 1, the

 

department shall establish a groundwater conservation advisory

 

council with identical membership and purpose as the one eliminated

 

by Executive Order No. 2007-08. The department shall work with the

 


Michigan departments of agriculture and environmental quality to

 

provide joint resources to the council.

 

 

 

PARKS AND RECREATION

 

     Sec. 701. Pursuant to section 1902(2) of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.1902, there

 

is appropriated from the Michigan natural resources trust fund to

 

the Michigan state parks endowment fund an amount not to exceed

 

$10,000,000.00 for the fiscal year ending September 30, 2008.

 

     Sec. 702. (1) The department shall prepare detailed reports

 

for construction projects in state parks that will involve campsite

 

or campground closures. These reports shall include expected costs,

 

impacts on recreation opportunities, impacts on state park

 

revenues, and the expected impact on state park users. The

 

department shall also prepare reports on average monthly campground

 

occupancy rates for every state park during the previous summer

 

season. The department shall provide reports described in this

 

subsection to the house and senate appropriations subcommittees on

 

natural resources and the house and senate fiscal agencies not

 

later than April 1, 2008.

 

     (2) The department shall notify the house and senate

 

appropriations subcommittees on natural resources and the house and

 

senate fiscal agencies if it intends to reduce operations or reduce

 

recreation opportunities at any state park or recreation area.

 

     Sec. 703. From the funds appropriated in part 1, the

 

department shall maintain an appropriate number of defibrillators

 

in state parks. State parks shall accept donations of

 


defibrillators.

 

     Sec. 704. By September 30, 2008, the department shall report

 

to the senate and house appropriations subcommittees on natural

 

resources and the senate and house fiscal agencies any misuse of

 

complimentary or discounted day passes at state recreational

 

facilities during the 2007-2008 fiscal year.

 

     Sec. 705. The department shall not alter or halt operations of

 

the ski hill or demolish buildings related to the ski hill, the

 

assistant manager residence, the 3-unit apartment building, or the

 

carpenter's shop and garage in Porcupine Mountains wilderness state

 

park. The department shall collaborate with travel Michigan for the

 

marketing and promotion of the ski hill.

 

     Sec. 706. Regardless of the results of the pending shooting

 

range litigation, from the funds appropriated in part 1, the

 

department shall retain the services of a licensed engineer

 

specializing in acoustics to further study and design range

 

modifications to mitigate sound from the shooting range at the

 

Island Lake recreation area.

 

     Sec. 707. The department shall work with the natural resources

 

commission to create a plan for generating at least $5,000,000.00

 

in annual corporate sponsorship revenue for state parks operations.

 

The department shall inventory all state park assets and determine

 

a plan for attracting sponsorships of those assets in a tasteful

 

and appropriate manner without detracting from the image of the

 

park itself. The plan shall be submitted to the state budget

 

director, the senate and house appropriations subcommittees on

 

natural resources, and the senate and house fiscal agencies by

 


January 31, 2008.

 

 

 

FOREST, MINERAL, AND FIRE MANAGEMENT

 

     Sec. 801. In addition to the funds appropriated in part 1,

 

$350,000.00 is appropriated to cover costs related to any declared

 

emergency involving the collapse of any abandoned mine shaft

 

located on state land. This appropriation shall not be expended

 

unless the state budget director recommends the expenditure and the

 

department notifies the house and senate committees on

 

appropriations.

 

     Sec. 802. As a condition of expenditure of appropriations in

 

part 1 from forest development funds, on October 15, 2007 the

 

department shall provide at least $1,000,000.00 from cooperative

 

resources programs as an interdepartmental grant to the department

 

of agriculture for the cooperative resources management initiative

 

program for the purposes of supporting forestry programs in local

 

conservation districts.

 

     Sec. 805. The department shall spend amounts appropriated in

 

part 1 for forest-related activities to employ or contract for

 

additional foresters to mark timber, pursuant to section 806.

 

     Sec. 806. Of the funds appropriated in part 1, the department

 

shall, subject to the forest certification process, prescribe

 

appropriate treatment on not less than 63,000 acres at the current

 

average rate of 12.5 to 13 cords per acre, and put those cords up

 

for sale in 2008, provided that the department shall take into

 

consideration the impact of timber harvesting on wildlife habitat

 

and recreation uses. The department shall, subject to the forest

 


certification process, increase marking or treatment of hardwood

 

timber for sale and harvest by 10% over 2006 levels. In addition,

 

the department shall take into consideration silvicultural analysis

 

and report annually to the legislature on plans and efforts to

 

address factors limiting management of timber. The department shall

 

provide quarterly reports on the number of acres treated, pursuant

 

to this section, to the senate and house appropriations

 

subcommittees on natural resources and the standing committees of

 

the senate and house of representatives with primary responsibility

 

for natural resources issues.

 

     Sec. 807. From the funds appropriated in part 1, the

 

department shall allow for a designated snowmobile route connecting

 

the Village of Bellaire to the Jordan River Trail across state-

 

owned land with associated reasonable restrictions that mitigate

 

negative impacts on the natural resources.

 

     Sec. 808. In addition to the money appropriated in this

 

article, the department may receive and expend money from federal

 

sources for the purpose of providing response to wildfires as

 

required by a compact with the federal government. If additional

 

expenditure authorization is required, the department shall notify

 

the state budget office that expenditure under this section is

 

required. The department shall notify the house and senate

 

appropriations subcommittees on natural resources and the house and

 

senate fiscal agencies of the expenditures under this section by

 

November 1, 2008.

 

     Sec. 809. From the funds appropriated in part 1 from the state

 

general fund/general purpose, $100.00 is provided for fire control

 


activities, including, but not limited to, the Sleeper Lake fire.

 

 

 

LAW ENFORCEMENT

 

     Sec. 901. The appropriation in part 1 for snowmobile law

 

enforcement grants shall be used to provide grants to county law

 

enforcement agencies to enforce part 821 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.82101 to

 

324.82160, including rules promulgated under that part and

 

ordinances enacted pursuant to that part. The department shall

 

consider the number of enforcement hours and the number of miles of

 

snowmobile trails in each county in allocating these grants. Any

 

funds not distributed to counties revert back to the snowmobile

 

registration fee subaccount created under section 82111 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.82111. Counties shall provide semiannual reports to the

 

department on the use of grant money received under this section.

 

 

 

GRANTS

 

     Sec. 1101. Federal pass-through funds to local institutions

 

and governments that are received in amounts in addition to those

 

included in part 1 for grants to communities - federal oil, gas,

 

and timber payments and that do not require additional state

 

matching funds are appropriated for the purposes intended. By

 

November 30, 2007, the department shall report to the senate and

 

house appropriations subcommittees on natural resources, the senate

 

and house fiscal agencies, and the state budget director on all

 

amounts appropriated under this section during the fiscal year

 


ending September 30, 2007.

 

     Sec. 1102. Subject to part 811 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.81101 to

 

324.81150, from the funds appropriated in part 1 for off-road

 

vehicle trail improvements grants, not less than $980,000.00 shall

 

be spent on the development of new trails in accordance with the

 

off-road vehicle trail expansion plan submitted to the legislature

 

pursuant to section 807 of article 14 of 2005 PA 154.

 

 

 

 

 

ARTICLE 17

 

DEPARTMENT OF STATE POLICE

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the department

 

of state police for the fiscal year ending September 30, 2008, from

 

the funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

DEPARTMENT OF STATE POLICE

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 3.0

 

   Full-time equated classified positions........ 2,899.0

 

GROSS APPROPRIATION.................................... $    554,966,100

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        26,143,700

 


ADJUSTED GROSS APPROPRIATION........................... $    528,822,400

 

   Federal revenues:

 

Total federal revenues.................................       146,240,200

 

   Special revenue funds:

 

Total local revenues...................................         8,739,100

 

Total private revenues.................................           262,500

 

Total state restricted revenues........................        98,250,000

 

State general fund/general purpose..................... $    275,330,600

 

   Sec. 102. EXECUTIVE DIRECTION

 

   Full-time equated unclassified positions.......... 3.0

 

   Full-time equated classified positions........... 39.0

 

Unclassified positions................................. $        358,100

 

Executive direction--34.0 FTE positions................         4,025,400

 

Auto theft prevention program--5.0 FTE positions.......        10,752,200

 

GROSS APPROPRIATION.................................... $     15,135,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

   Special revenue funds:

 

Auto theft prevention fund.............................        10,752,200

 

Motor carrier fees.....................................           450,000

 

State general fund/general purpose..................... $      3,933,500

 

   Sec. 103. DEPARTMENTWIDE APPROPRIATIONS

 

Special maintenance and utilities  .................... $        447,600

 

Rent and building occupancy charges....................         9,399,300

 

Worker's compensation..................................         2,901,000

 

Fleet leasing..........................................        15,783,700

 

In-service training - law enforcement distribution.....           450,000

 


In-service training - competitive......................           600,000

 

Narcotics investigation funds..........................           265,000

 

GROSS APPROPRIATION.................................... $     29,846,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG, training academy charges..........................           265,400

 

IDT, Michigan justice training fund....................         1,050,000

 

   Federal revenues:

 

Federal narcotics investigation revenues...............            95,000

 

DOT....................................................            23,600

 

DHS....................................................           163,100

 

   Special revenue funds:

 

Forensic science reimbursement fee.....................            94,200

 

Narcotics investigation revenues.......................           170,000

 

State forensic laboratory fund.........................            94,200

 

Criminal justice information center service fees.......           186,600

 

Secondary road patrol and training fund................             6,600

 

Hazardous materials training center fees...............            98,400

 

Michigan justice training fund.........................            13,600

 

Motor carrier fees.....................................             7,000

 

Highway safety fund....................................             7,500

 

Traffic law enforcement and safety fund................            14,800

 

State general fund/general purpose..................... $     27,556,600

 

   Sec. 104. SUPPORT SERVICES

 

Full-time equated classified positions............ 213.0

 

Human resources--25.0 FTE positions.................... $      2,239,400

 

Human resources optimization user charges..............           178,300

 


Management services--114.0 FTE positions...............        12,404,900

 

Training administration--37.0 FTE positions............         5,781,500

 

Communications--12.0 FTE positions.....................         2,730,300

 

Budget and financial services--25.0 FTE positions......         2,265,900

 

GROSS APPROPRIATION.................................... $     25,600,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, auto theft funds..................................            26,900

 

IDG, training academy charges..........................         3,191,700

 

IDT, truck safety fund.................................             5,000

 

IDG-MDOT, state trunkline fund.........................             2,300

 

IDG-MDTR, casino gaming fees...........................            42,100

 

IDG-MDTR, emergency telephone fund coordinator.........           419,900

 

IDG-MDTR, emergency telephone fund operations..........          476,800

 

IDG-MDOS...............................................             2,000

 

IDG-MDOC, contract.....................................         1,072,800

 

   Federal revenues:

 

DOT....................................................           212,600

 

   Special revenues funds:

 

Local - LEIN fees......................................           255,500

 

Local - MPSCS subscriber fees..........................            26,600

 

Local - school bus revenue.............................             1,300

 

Highway safety fund....................................           138,700

 

Auto theft prevention fund.............................             6,700

 

Nuclear plant emergency planning reimbursement.........             5,600

 

Precision driving track fees...........................           287,200

 

Criminal justice information center service fees.......           758,600

 


Traffic law enforcement and safety fund................           239,700

 

Reimbursed services....................................         1,374,500

 

Forensic science reimbursement fees....................            36,700

 

Drunk driving prevention and training fund.............             1,300

 

Hazardous materials training center fees...............               500

 

Michigan justice training fund.........................             2,300

 

Narcotics investigation revenues.......................             1,200

 

Secondary road patrol and training fund................             1,700

 

Truck driver safety fund...............................             1,100

 

Motor carrier fees.....................................           237,300

 

State general fund/general purpose..................... $     16,771,700

 

   Sec. 105. HIGHWAY SAFETY PLANNING

 

   Full-time equated classified positions........... 26.0

 

State program planning and administration--14.0 FTE

 

   positions............................................ $      1,216,600

 

Secondary road patrol program--2.0 FTE positions.......         5,752,600

 

Truck safety program--2.0 FTE positions................         3,000,300

 

Federal highway traffic safety coordination--8.0 FTE

 

   positions............................................        10,593,000

 

GROSS APPROPRIATION.................................... $     20,562,500

 

    Appropriated from:

 

   Federal revenues:

 

DOT....................................................        10,728,500

 

DOJ....................................................           575,600

 

   Special revenue funds:

 

Truck driver safety fund...............................         3,000,300

 

Secondary road patrol and training fund................         5,752,600

 


State general fund/general purpose..................... $        505,500

 

   Sec. 106. CRIMINAL JUSTICE INFORMATION CENTER

 

   Full-time equated classified positions........... 90.0

 

Criminal justice information center division--73.0

 

   FTE positions........................................ $      9,200,100

 

Criminal records improvement--1.0 FTE position.........         2,240,500

 

Traffic safety--16.0 FTE positions.....................         2,684,600

 

GROSS APPROPRIATION.................................... $     14,125,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDOS...............................................           281,700

 

IDG-MDCH, crime victim's rights fund...................           475,800

 

IDG-MDOT, state trunkline fund.........................           871,000

 

   Federal revenues:

 

DOJ....................................................         2,240,500

 

DOT....................................................         1,454,700

 

   Special revenue funds:

 

Traffic crash revenue..................................            77,200

 

Sex offender registration fund.........................            60,500

 

Criminal justice information center service fees.......         8,663,800

 

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

 

   Sec. 107. FORENSIC SCIENCES

 

   Full-time equated classified positions.......... 220.0

 

Laboratory operations--180.0 FTE positions............. $     20,934,400

 

DNA analysis program--40.0 FTE positions...............         7,079,100

 

GROSS APPROPRIATION.................................... $     28,013,500

 

    Appropriated from:

 


   Interdepartmental grant revenues:

 

IDG-MDCH, crime victim's rights fund...................           430,000

 

   Federal revenues:

 

DOJ....................................................         4,054,200

 

   Special revenue funds:

 

Forensic science reimbursement fees....................           423,900

 

State forensic laboratory fund.........................         1,497,000

 

State general fund/general purpose..................... $     21,608,400

 

   Sec. 108. MICHIGAN COMMISSION ON LAW ENFORCEMENT

 

STANDARDS

 

   Full-time equated classified positions........... 28.0

 

Standards and training--22.0 FTE positions............. $      2,204,300

 

Justice training grants--4.0 FTE positions.............         3,125,400

 

Concealed weapons enforcement training.................           140,000

 

Training only to local units--2.0 FTE positions........           770,300

 

Mental health awareness training.......................           100,000

 

Officer's survivor tuition program.....................            48,500

 

Public safety officers benefit program.................           150,000

 

GROSS APPROPRIATION.................................... $      6,538,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDOC...............................................           100,000

 

   Federal revenues:

 

DOJ....................................................           182,600

 

   Special revenue funds:

 

Secondary road patrol and training fund................           770,300

 

Michigan justice training fund.........................         3,251,200

 


Licensing fees.........................................             5,300

 

Concealed weapons enforcement fee......................           140,000

 

State general fund/general purpose..................... $      2,089,100

 

   Sec. 109. EMERGENCY MANAGEMENT

 

   Full-time equated classified positions........... 72.0

 

Emergency management planning and

 

   administration--55.0 FTE positions................... $      4,804,500

 

Grants to local government.............................         2,482,100

 

FEMA program assistance--3.0 FTE positions.............         1,027,400

 

Nuclear power plant emergency planning--6.0 FTE

 

   positions............................................         1,513,600

 

Hazardous materials programs--8.0 FTE positions........       102,239,200

 

GROSS APPROPRIATION.................................... $    112,066,800

 

    Appropriated from:

 

   Federal revenues:

 

DOT....................................................           583,800

 

DHS....................................................       106,317,300

 

   Special revenue funds:

 

Nuclear plant emergency planning reimbursement.........         1,513,600

 

Hazardous materials training center fees...............         1,503,300

 

State general fund/general purpose..................... $      2,148,800

 

   Sec. 110. POST UNIFORM SERVICES

 

   Full-time equated classified positions........ 1,578.0

 

Uniform services--422.0 FTE positions.................. $     46,931,200

 

Security guards--15.0 FTE positions....................         1,097,000

 

Reimbursed services....................................         1,709,000

 

At-post troopers--1,141.0 FTE positions................       138,355,100

 


GROSS APPROPRIATION.................................... $    188,092,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDMB, building occupancy charges...................           648,400

 

   Special revenue funds:

 

Highway safety fund....................................        15,451,400

 

Traffic law enforcement and safety fund................        29,303,000

 

State police service fees..............................         1,709,000

 

State general fund/general purpose..................... $    140,980,500

 

   Sec. 111. STATEWIDE FIELD OPERATIONS

 

   Full-time equated classified positions........... 70.0

 

Operational support--53.0 FTE positions................ $      5,927,600

 

Traffic services--10.0 FTE positions...................         3,861,000

 

Aviation program--7.0 FTE positions....................         1,453,200

 

GROSS APPROPRIATION.................................... $     11,241,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDCH, crime victim's rights fund...................           121,500

 

IDG-MDOT, state trunkline fund.........................           365,700

 

IDG-MDOC, contract.....................................            97,500

 

   Federal revenues:

 

DOT....................................................         1,878,900

 

   Special revenue funds:

 

Private donations......................................           262,500

 

Rental of department aircraft..........................            51,200

 

Drunk driving prevention and training fund.............         1,280,300

 

State general fund/general purpose..................... $      7,184,200

 


   Sec. 112. SPECIAL INVESTIGATIONS

 

   Full-time equated classified positions.......... 349.0

 

Criminal investigations--233.0 FTE positions........... $     31,492,700

 

Federal antidrug initiatives--62.0 FTE positions.......         9,949,200

 

Reimbursed services, materials, and equipment..........         2,641,000

 

Auto theft prevention--9.0 FTE positions...............         1,675,000

 

Casino gaming oversight--32.0 FTE positions............         4,404,300

 

Fire investigation--13.0 FTE positions.................         1,542,300

 

Fire investigation training to locals..................            50,000

 

GROSS APPROPRIATION.................................... $     51,754,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, auto theft funds..................................         1,364,300

 

IDG-MDTR, casino gaming fees...........................         4,404,300

 

IDG-MDCH, tobacco tax..................................           610,000

 

   Federal revenues:

 

Federal investigations - reimbursed services...........           750,500

 

DOJ....................................................         7,020,600

 

Federal narcotics investigation revenues...............           464,100

 

   Special revenue funds:

 

Local - reimbursed services............................         1,890,500

 

Narcotics investigation revenues.......................           668,200

 

Forfeiture funds.......................................           510,500

 

State general fund/general purpose..................... $     34,071,500

 

   Sec. 113. MOTOR CARRIER ENFORCEMENT

 

   Full-time equated classified positions.......... 214.0

 

Motor carrier enforcement--106.0 FTE positions......... $     10,449,300

 


Truck safety enforcement team operations--10.0 FTE

 

   positions............................................         1,325,000

 

Safety inspections--64.0 FTE positions.................         8,156,200

 

School bus inspections--16.0 FTE positions.............         1,395,300

 

Safety projects--18.0 FTE positions....................         2,115,900

 

GROSS APPROPRIATION.................................... $     23,441,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDT, truck safety fund.................................         1,325,000

 

IDG-MDOT, state trunkline fund.........................         8,235,300

 

   Federal revenues:

 

DOT....................................................         8,640,900

 

   Special revenue funds:

 

Local school bus revenue...............................         1,395,300

 

Motor carrier fees.....................................         3,845,200

 

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

 

   Sec. 114. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $     18,540,900

 

Michigan public safety communications system...........        10,005,800

 

GROSS APPROPRIATION.................................... $     28,546,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDTR, casino gaming fees...........................            85,700

 

IDG-MDOT, state trunkline fund.........................            90,500

 

IDG, training academy charges..........................            32,600

 

IDG-MDOS...............................................            47,700

 

IDG-MDTR, emergency telephone fund coordinator.........             1,800

 


   Federal revenues:

 

DOJ....................................................           516,600

 

DHS....................................................           263,800

 

DOT....................................................            73,300

 

   Special revenue funds:

 

Local - LEIN fees......................................         3,582,900

 

Local - AFIS fees......................................            38,800

 

Local - MPSCS subscriber fees..........................         1,544,000

 

Local - school bus revenue.............................             4,200

 

Auto theft prevention fund.............................             3,800

 

Criminal justice information center service fees.......         1,129,300

 

Drunk driving prevention and training fund.............             2,900

 

Forensic science reimbursement fees....................         1,128,400

 

Hazardous materials center fees........................             1,100

 

Michigan justice training fund.........................           221,200

 

Narcotics investigation revenue........................             2,700

 

Nuclear plant emergency planning reimbursement.........             4,900

 

Precision driving track fees...........................               300

 

Secondary road patrol and training fund................            86,800

 

Sex offender registration fund.........................           208,500

 

State forensic laboratory fund.........................           347,500

 

State police service fees..............................             7,500

 

Truck driver safety fund...............................             2,400

 

Reimbursed services....................................             8,100

 

Motor carrier fees.....................................           628,600

 

State general fund/general purpose..................... $     18,480,800

 

 

 


 

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 $373,580,600.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $8,805,100.00. The itemized

 

statement below identifies appropriations from which spending to

 

units of local government will occur:

 

DEPARTMENT OF STATE POLICE

 

OFFICE OF HIGHWAY SAFETY PLANNING

 

Secondary road patrol program.......................... $      5,416,900

 

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

 

Training only to local units........................... $        650,200

 

Justice training grants................................         2,211,200

 

SPECIAL INVESTIGATIONS

 

Fire investigation training for locals.................            50,000

 

SUPPORT SERVICES

 

Communications......................................... $         476,800

 

Total.................................................. $      8,805,100

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "AFIS" means the automated fingerprint identification

 


system.

 

     (b) "Department" means the department of state police.

 

     (c) "DHS" means the United States department of homeland

 

security.

 

     (d) "DNA" means deoxyribonucleic acid.

 

     (e) "DOJ" means the United States department of justice.

 

     (f) "DOT" means the United States department of

 

transportation.

 

     (g) "FEMA" means the federal emergency management agency.

 

     (h) "FTE" means full-time equated.

 

     (i) "IDG" means interdepartmental grant.

 

     (j) "IDT" means intradepartmental transfer.

 

     (k) "LEIN" means law enforcement information network.

 

     (l) "MCOLES" means the Michigan commission on law enforcement

 

standards.

 

     (m) "MDCH" means the Michigan department of community health.

 

     (n) "MDMB" means the Michigan department of management and

 

budget.

 

     (o) "MDOC" means the Michigan department of corrections.

 

     (p) "MDOS" means the Michigan department of state.

 

     (q) "MDOT" means the Michigan department of transportation.

 

     (r) "MDTR" means the Michigan department of treasury.

 

     (s) "MPSCS" means the Michigan public safety communications

 

system.

 

     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. 207. At least 60 days before beginning any effort to

 

privatize, the department shall submit a complete project plan to

 

the appropriate senate and house of representatives appropriations

 

subcommittees and the senate and house fiscal agencies. The plan

 

shall include the criteria under which the privatization initiative

 

will be evaluated. The evaluation shall be completed and submitted

 

to the appropriate senate and house of representatives

 

appropriations subcommittees and the senate and house fiscal

 

agencies within 30 months.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this article.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 


the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference should be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. 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 of each department receiving

 

appropriations in part 1 shall take all reasonable steps to ensure

 

businesses in deprived and depressed communities compete for and

 

perform contracts to provide services or supplies, or both, for the

 

department. The director shall strongly encourage firms with which

 

the department contracts to subcontract with certified businesses

 

in depressed and deprived communities for services or supplies, or

 

both.

 

     Sec. 211. It is the intent of the legislature that personnel

 

of the department who request and are eligible for reimbursement of

 

expenses related to the operation of the department be reimbursed

 

from the appropriations provided in this article within 30 days

 

after submitting a request, or the eligible personnel shall be paid

 

an additional amount equal to 0.75% of the payment due. The

 

department shall pay an additional amount equal to 0.75% of the

 

payment due for the first month and each succeeding month or

 

portion of a month the payment remains past due.

 

     Sec. 213. (1) It is the intent of the legislature that the

 


department shall not provide any subsidy for contractual services

 

it provides.

 

     (2) When the department provides contractual services to a

 

local unit of government, the department shall be reimbursed for

 

all costs incurred in providing the services, including, but not

 

limited to, retirement and overtime costs.

 

     (3) Contractual services provided to an entity other than a

 

local unit of government may be provided by department personnel,

 

but only on an overtime basis outside the normal work schedule of

 

the personnel.

 

     (4) This section does not apply to state agencies.

 

     Sec. 214. The departments and agencies receiving

 

appropriations in part 1 shall receive and retain copies of all

 

reports funded from appropriations in part 1. The department shall

 

follow all federal guidelines and state laws regarding short-term

 

and long-term retention of records.

 

     Sec. 215. Not later than January 1, 2008, the department shall

 

report to the state police appropriations subcommittees of the

 

house and senate and the house and senate fiscal agencies. The

 

report shall contain the following information regarding the

 

department's activities related to casino gaming oversight during

 

fiscal year 2006-2007:

 

     (a) The amount of money received and expended.

 

     (b) The nature and structure of the casino gaming oversight

 

unit.

 

     (c) The positions and classifications of employees assigned.

 

     (d) The number of full-time and part-time employees and the

 


aggregate number of FTEs.

 

     (e) The number of enlisted and civilian positions.

 

     (f) The duties and responsibilities of the assigned employees.

 

     (g) The immediate past position of the enlisted employees

 

assigned.

 

     Sec. 216. The department shall collect and computerize the

 

vehicle identification number (VIN) of all vehicles that are

 

entered into the state accident data collection system and make

 

this and other vehicle information available to the public at cost.

 

For bulk access to the accident records in which the VIN has been

 

collected and computerized, the department shall make those records

 

available to the public at cost, provided that the name and address

 

have been excluded.

 

     Sec. 217. From the funds appropriated in part 1, the

 

department shall maintain a toll-free hotline in collaboration with

 

the department of education. The toll-free hotline shall be

 

operated 24 hours per day, 7 days per week, and shall provide

 

students, school officials, and other individuals an opportunity to

 

report specific threats of imminent school violence or other

 

suspicious or criminal conduct by juveniles to the appropriate

 

local law enforcement entities for investigation. The department

 

may expend funds for the promotion of the hotline.

 

     Sec. 218. (1) Funds appropriated in part 1 for at-post

 

troopers shall only be expended for trooper salaries, wages,

 

benefits, retirement, equipment, supplies, and other expenses

 

directly related to state troopers assigned to general law

 

enforcement duties at a department post, detachment, satellite

 


office, or a resident trooper function.

 

     (2) It is the intent of the legislature that every effort be

 

made to identify funding sufficient to conduct a trooper school for

 

the purpose of working toward the goal of establishing a minimum

 

at-post trooper strength of 1,075 in this state.

 

     (3) The department shall submit quarterly written reports to

 

the senate and house appropriations subcommittees on state police

 

and military and veterans affairs no later than December 1, 2007,

 

March 1, 2008, June 1, 2008, and September 1, 2008 which shall

 

include a trooper strength report and the status of the

 

department's plan for accomplishing the goal of subsection (2). If

 

the department determines that insufficient appropriations exist

 

under part 1 to accomplish the goal of subsection (2), the

 

department shall submit a proposal outlining a plan to accomplish

 

the goal including an accounting of any additional funding

 

necessary to that end.

 

     Sec. 219. The department of state police shall notify the

 

house and senate appropriations subcommittees on state police and

 

military and veterans affairs and the house and senate fiscal

 

agencies not less than 180 days before recommending to close or

 

consolidate any state police posts. The notification shall include

 

a local and state impact study of the proposed post closure or

 

consolidation.

 

     Sec. 220. (1) The department of state police, in keeping with

 

its role as the general law enforcement agency of the state and as

 

the law enforcement agency of last resort for communities that are

 

either without local law enforcement resources or are seriously

 


underserved by local law enforcement resources, shall provide

 

general law enforcement assistance to those communities until

 

adequate law enforcement services can be provided to those

 

communities by other means.

 

     (2) Not later than May 1, 2008, the department shall deliver

 

to the house and senate appropriations subcommittees on state

 

police and military and veterans affairs and the house and senate

 

fiscal agencies a report on the additional costs incurred by the

 

department in each locality for providing the services described in

 

subsection (1) during the first 6 months of the fiscal year 2007-

 

2008.

 

     Sec. 223. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2008 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

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

 

for law enforcement purposes.

 

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

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

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

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

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

 

staff that is not available within this state.

 


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

 

funds.

 

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

 

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

 

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

 

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

 

to the senate and house of representatives standing committees on

 

appropriations.

 

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

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

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

 

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

 

submitted to the chairs and members of the senate and house of

 

representatives standing committees on appropriations, 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. 224. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 226. The department of state police, in cooperation with

 

the department of information technology and others, shall take

 

steps to encourage the development of state, local, and regional

 

tactical interoperable communication plans with the ultimate goal

 

being to ensure that effective and efficient communication

 

interoperability between radio communication systems of local,

 

regional, state, and federal agencies is established in every area

 

of the state. The department shall provide a written report to the

 

senate and house appropriations subcommittees on state police and

 

military and veterans affairs no later than April 1, 2008 on the

 

current status of reaching this objective. The report shall include

 

an accounting of exactly where within the state desired

 

interoperability has been achieved and what cooperative measures

 

and use of technology were used to achieve this interoperability,

 

and which areas of the state have not yet achieved such status. The

 

report shall also include a description of what strategies need to

 

be employed to ensure that the remaining areas of the state, and

 

the state as a whole, will have a communication system with

 

efficient and effective interoperability, particularly on occasions

 

when a multijurisdictional response to an emergency is warranted.

 

     Sec. 227. (1) From the funds appropriated in part 1, the

 


department of state police is prohibited from transporting

 

employees of institutions of higher education on state-owned

 

aircraft.

 

     (2) From the funds appropriated in part 1, the department is

 

prohibited from transporting legislators or legislative staff on

 

state-owned aircraft without prior approval from the senate

 

majority leader or the speaker of the house of representatives, or

 

both.

 

     (3) From the funds appropriated in part 1, the department is

 

prohibited from transporting local government employees on state-

 

owned aircraft.

 

     (4) It is the intent of the legislature that state elected

 

officials use commercial or other private air service, unless air

 

travel on state-owned aircraft is part of official state business.

 

     (5) This section shall not apply to transportation that is

 

related to law enforcement or homeland security activities.

 

     Sec. 230. The unexpended and unencumbered balance of the

 

appropriation for the department contained in 2006 PA 345 shall be

 

used toward the establishment of a trooper school. The funds shall

 

be available for appropriation in the fiscal year ending September

 

30, 2008.

 

     Sec. 232. The department shall place emphasis on recruiting

 

MCOLES certified police officers for the trooper recruit school.

 

Emphasis shall be given in the hiring process to those officers who

 

are on layoff and possess valid MCOLES certification. Any emphasis

 

given in the recruiting and selection process shall be consistent

 

with the department's hiring standards and in accordance with civil

 


service rules. The department shall report to the chairpersons of

 

the senate and house of representatives standing committees on

 

appropriations the results of its recruitment and selection

 

process, including the actual number of certified officers selected

 

for any recruit school that is held by September 30, 2008.

 

     Sec. 233. The appropriation in part 1 for a law enforcement

 

resource study shall be used to contract with a nationally

 

recognized law enforcement research entity to prepare a study that

 

examines the law enforcement needs of each state police district of

 

this state. The study shall provide information concerning the

 

police patrol and response needs within each state police district

 

of this state, baseline coverage recommendations, and information

 

concerning what would be required in terms of personnel and

 

resources to meet the recommendations. The study shall include an

 

inventory of all levels of existing police resources for a given

 

area and how those resources could most efficiently be allocated to

 

achieve the recommendations, along with the amount of any

 

additional resources that may be needed.

 

     Sec. 234. 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. 235. (1) If a spending plan for the funds appropriated in

 

part 1 for dignitary protection, or sources of financing related to

 

the spending plan, do not provide the level of program service

 

provided for in the current fiscal year, the funds appropriated in

 

part 1 for post uniform services or forensic sciences shall not be

 


used to fund the shortfall.

 

     (2) If a spending plan for the funds appropriated in part 1

 

for dignitary protection, or sources of financing related to the

 

spending plan, are in excess of that necessary to provide the level

 

of program service provided for in the current fiscal year, the

 

department shall take steps to transfer whatever excess funding may

 

exist to the funds appropriated in part 1 for post uniform services

 

and forensic sciences.

 

     Sec. 236. (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. 237. From the funds appropriated in part 1, the

 

department shall maintain, for the full 2007-08 fiscal year, either

 

the operation of each Michigan state police post which was in

 

operation as of April 2, 2007, or an alternative work station in

 

the vicinity of a current Michigan state police post.

 

     Sec. 238. The department of management and budget shall work

 

with the department of state police to reduce building operations

 


and leasing costs for all Michigan state police facilities and to

 

identify efficiencies and savings.

 

 

 

INFORMATION TECHNOLOGY

 

     Sec. 301. The money appropriated in part 1 for computer

 

services shall be funded by LEIN user fees sufficient to pay 1/3 of

 

the service and contract maintenance costs of the LEIN system.

 

     Sec. 302. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. These user fees shall be subject to

 

provisions of an interagency agreement between the department and

 

the department of information technology.

 

     Sec. 303. 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. 304. A portion of the funds appropriated in part 1 shall

 

be used by the department to produce a written report detailing

 

departmental policies regarding access to and use of information

 

from the LEIN system. The report shall include a description of

 

departmental measures to protect the security of information in the

 

LEIN system including safeguards that would prevent unauthorized

 

persons from obtaining information from the LEIN system. The

 


department shall submit a copy of this report to the senate and

 

house appropriations committees not later than April 1, 2008.

 

     Sec. 305. The criminal justice information systems policy

 

council shall encourage members of the law enforcement agencies in

 

the state to be sensitive to, and note when necessary, activities

 

or circumstances that may suggest the unauthorized access or misuse

 

of information from the LEIN system. The criminal justice

 

information systems policy council shall advise LEIN auditors, as a

 

part of their audit of law enforcement agencies, to investigate in

 

depth all suspected incidents of improper access or improper use of

 

information from the LEIN system and determine whether or not those

 

incidents were illegal. In those incidents that may be determined

 

to be illegal, the executive secretary for the council shall

 

determine whether those incidents were of a negligent or criminal

 

nature. If an incident is determined to be an illegal act, the

 

council shall inform the chairs of both the senate and house

 

appropriations committees.

 

     Sec. 306. (1) The department of state police, working with the

 

criminal justice information systems policy council, shall

 

implement procedures by which all probation information is placed

 

on the LEIN system. The LEIN system shall include information on

 

each probationer, including any probation conditions placed on a

 

probationer and the name of the probation officer assigned to a

 

probationer. The LEIN system shall also include any nonstandard

 

probation terms.

 

     (2) If the department determines that amendments to the code

 

of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69, are

 


required to include all probation information on the LEIN system,

 

the department shall deliver to members of the senate and house

 

appropriations subcommittees on state police and military affairs

 

amendments to the code of criminal procedure, 1927 PA 175, MCL

 

760.1 to 777.69, that, in the department's view, are necessary to

 

accomplish this goal. These proposed amendments shall be delivered

 

to subcommittee members not later than December 1, 2007.

 

     Sec. 307. The department of state police shall serve as an

 

active liaison between the department of information technology and

 

local public safety agencies to facilitate the use of the Michigan

 

public safety communications system towers by those local public

 

safety agencies that have an interest in using the towers as a part

 

of their own communications system. The department of state police

 

shall deliver a written report to the senate and house

 

appropriations subcommittees on state police and military and

 

veterans affairs by April 1, 2008, which shall include an

 

assessment of the progress toward establishing local public safety

 

agency use of the Michigan public safety communications system

 

towers, an accounting of problems that may be preventing local use

 

of the towers, and any recommendations the department has that may

 

foster this utilization.

 

     Sec. 308. The department of state police shall report any LEIN

 

fee increase to the senate and house appropriations subcommittees

 

on state police and military and veterans affairs 60 days prior to

 

the effective date of that increase. The report shall contain the

 

following information: the current fee structure and the total

 

revenue earned each year; the new fee structure and the total

 


revenue it is expected to earn annually; the total annual cost of

 

the LEIN system; and the total amount of LEIN fees paid by the

 

department under both the old and the new structure.

 

 

 

FORENSIC SCIENCES

 

     Sec. 501. (1) The department shall distribute a copy of the

 

department's protocol for retaining and purging DNA analysis

 

samples and records to each police agency in this state.

 

     (2) The department shall report to the house and senate

 

appropriations subcommittees on state police and military and

 

veterans affairs and the house and senate fiscal agencies when any

 

changes to the department's DNA protocol are made.

 

     Sec. 502. The department shall work with the department of

 

community health, the Michigan health and hospital association, the

 

Michigan state medical society, and the Michigan nurses association

 

to ensure that the recommendations included in the "Standard

 

Recommended Procedures for the Emergency Treatment of Sexual

 

Assault Victims" are followed in the collection of evidence.

 

 

 

MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS

 

     Sec. 601. The money appropriated to the MCOLES for maintenance

 

and delivery of training to locals is provided in accordance with a

 

state reimbursement policy in which 100% of the determined state

 

reimbursement rate shall be distributed upon certification by the

 

MCOLES.

 

     Sec. 602. From the appropriations in part 1 for the training

 

of new state troopers and other new police officers in the state

 


and for the continuing education of all law enforcement officers in

 

the state, sufficient funds shall be used to include curricula on

 

the content and application of federal firearms laws, including the

 

procedures necessary for law enforcement to turn appropriate cases

 

over to the federal bureau of alcohol, tobacco, and firearms or any

 

other applicable federal criminal justice agency.

 

     Sec. 603. The appropriation in part 1 for mental health

 

awareness training shall be made available as grants to local law

 

enforcement agencies for training law enforcement officers in

 

effective and safe ways of assisting people with mental illness and

 

directing people with mental illness to treatment programs.

 

 

 

EMERGENCY MANAGEMENT

 

     Sec. 801. (1) The state director of emergency management may

 

expend money appropriated under this article to call upon any

 

agency or department of the state or any resource of the state to

 

protect life or property or to provide for the health or safety of

 

the population in any area of the state in which the governor

 

proclaims a state of emergency or state of disaster under 1945 PA

 

302, MCL 10.31 to 10.33, or under the emergency management act,

 

1976 PA 390, MCL 30.401 to 30.421. The state director of emergency

 

management may expend the amounts the director considers necessary

 

to accomplish these purposes. The director shall submit to the

 

state budget director as soon as possible a complete report of all

 

actions taken under the authority of this section. The report shall

 

contain, as a separate item, a statement of all money expended that

 

is not reimbursable from federal money. The state budget director

 


shall review the expenditures and submit recommendations to the

 

legislature in regard to any possible need for a supplemental

 

appropriation.

 

     (2) In addition to the money appropriated in this article, the

 

department may receive and expend money from local, private,

 

federal, or state sources for the purpose of providing emergency

 

management training to local or private interests and for the

 

purpose of supporting emergency preparedness, response, recovery,

 

and mitigation activity. If additional expenditure authorization in

 

the Michigan administrative information network is approved by the

 

state budget office under this section, the department and the

 

state budget office shall notify the house and senate

 

appropriations subcommittees on state police and military and

 

veterans affairs and the house and senate fiscal agencies within 10

 

days after the approval. The notification shall include the amount

 

and source of the additional authorization, the date of its

 

approval, and the projected use of funds to be expended under the

 

authorization.

 

     Sec. 803. The department's emergency management division shall

 

make every effort to ensure both of the following:

 

     (a) That homeland security grants offered by the federal

 

government and channeled through the department are allocated to

 

first responder entities in the highest percentage possible.

 

     (b) That homeland security grants awarded to the city of

 

Detroit shall not be used to supplant city general funds designated

 

to support first responder operations.

 

 

 


POST UNIFORM SERVICES

 

     Sec. 901. State police enlisted personnel who are employed to

 

enforce traffic laws as provided in section 629e of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited

 

from responding to crimes in progress or other emergency

 

situations, and are responsible for protecting every citizen of

 

this state from harm.

 

 

 

STATEWIDE FIELD OPERATIONS

 

     Sec. 1002. Money privately donated to the department is

 

appropriated under part 1 to be used for the purposes designated by

 

the donor of the money. Money privately donated to the department's

 

canine unit shall be used to purchase equipment and other items to

 

enhance the operation of the canine unit. It is the intent of the

 

legislature that money from private donations not supplant general

 

fund appropriations.

 

 

 

SPECIAL INVESTIGATIONS

 

     Sec. 1101. (1) There is sufficient money appropriated in part

 

1 to special investigations to ensure that the citizens in a

 

service area of any state police post in the vicinity of a state

 

prison do not experience a downgrading of state police services in

 

their area. Special investigations shall be available by temporary

 

or permanent assignment of a detective when either a temporary or

 

permanent prison facility is opened.

 

     (2) If the department is unable to comply with subsection (1)

 

and there is a prison scheduled to open, the department shall

 


provide troopers to serve as investigators on an interim basis.

 

     Sec. 1102. From the funds appropriated in part 1 for special

 

investigations, the department shall provide a report to the

 

chairpersons of the senate and house of representatives standing

 

committees on appropriations no later than April 1, 2008 concerning

 

methamphetamine-related criminal activities.

 

 

 

MOTOR CARRIER ENFORCEMENT

 

     Sec. 1201. (1) The department shall report to the house and

 

senate appropriations subcommittees on state police and the house

 

and senate fiscal agencies by March 1, 2008 regarding the

 

inspection of school buses and other motor vehicles under section

 

715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and

 

section 39 of the pupil transportation act, 1990 PA 187, MCL

 

257.1839. The report shall include the following information

 

regarding inspections conducted in calendar year 2007:

 

     (a) The number of buses and vehicles inspected by the

 

department.

 

     (b) The number of buses and vehicles passing and failing

 

inspection.

 

     (c) The estimated number of buses and vehicles not inspected.

 

     (2) If each school bus within a school system receives a 100%

 

successful state inspection on its first inspection in a given

 

year, the department shall award a certificate to that school

 

system.

 

 

 

 

 


ARTICLE 18

 

DEPARTMENT OF TRANSPORTATION

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this article,

 

the amounts listed in this part are appropriated for the state

 

transportation department and certain state purposes designated in

 

this article for the fiscal year ending September 30, 2008, from

 

the funds indicated in this part. The following is a summary of the

 

appropriations in this part:

 

STATE TRANSPORTATION DEPARTMENT

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 3,029.3

 

GROSS APPROPRIATION.................................... $  3,360,255,600

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $  3,360,255,600

 

   Federal revenues:

 

DOT, federal transit act...............................        59,262,100

 

DOT-FHWA, highway research, planning, and construction.     1,140,378,500

 

DOT-FRA, local rail service assistance.................           100,000

 

DOT-FRA, rail passenger/HSGT...........................         1,000,000

 

Total federal revenues.................................     1,200,740,600

 

   Special revenue funds:

 

Local funds............................................        42,850,000

 


Total local revenues...................................        42,850,000

 

Total private revenues.................................                 0

 

Blue Water Bridge fund.................................        15,672,000

 

Comprehensive transportation fund......................       242,729,500

 

Economic development fund..............................        44,275,000

 

Intercity bus equipment fund...........................         1,000,000

 

Local bridge fund......................................        32,618,400

 

Michigan transportation fund...........................     1,054,150,500

 

Rail preservation fund.................................         2,000,000

 

State aeronautics fund.................................        12,705,000

 

State trunkline fund...................................       711,514,600

 

Total other state restricted revenues..................     2,116,665,000

 

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

 

TOTAL STATE SPENDING................................... $  2,116,665,000

 

   Sec. 102. DEBT SERVICE

 

State trunkline........................................ $    170,934,500

 

Economic development...................................        14,609,400

 

Local bridge fund......................................         3,000,000

 

Blue Water Bridge......................................         1,751,800

 

Airport safety and protection plan.....................         3,474,600

 

Comprehensive transportation...........................        29,841,900

 

GROSS APPROPRIATION.................................... $    223,612,200

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.        55,080,000

 

   Special revenue funds:

 

Blue Water Bridge fund.................................         1,751,800

 


Comprehensive transportation fund......................        29,841,900

 

Economic development fund..............................        14,609,400

 

Local bridge fund......................................         3,000,000

 

State aeronautics fund.................................         3,474,600

 

State trunkline fund...................................       115,854,500

 

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

 

   Sec. 103. INTERDEPARTMENT AND STATUTORY CONTRACTS

 

   Michigan transportation fund (MTF)

 

MTF grant to department of environmental quality....... $      1,057,000

 

MTF grant to department of state for collection of

 

   revenue and fees.....................................        20,000,000

 

MTF grant to department of treasury....................         8,004,600

 

MTF grant to legislative auditor general...............           204,300

 

   State trunkline fund (STF)

 

STF grant to department of attorney general............         2,807,200

 

STF grant to department of civil service...............         2,700,000

 

STF grant to department of history, arts, and

 

   libraries............................................           133,100

 

STF grant to department of management and budget.......         1,502,200

 

STF grant to department of state police................         9,564,800

 

STF grant to department of treasury....................           199,500

 

STF grant to legislative auditor general...............           474,600

 

   State aeronautics fund (SAF)

 

SAF grant to department of attorney general............           156,900

 

SAF grant to department of civil service...............            55,000

 

SAF grant to department of history, arts, and

 

   libraries............................................             2,300

 


SAF grant to department of management and budget.......            38,700

 

SAF grant to department of treasury....................            73,600

 

SAF grant to legislative auditor general...............            19,600

 

   Comprehensive transportation fund (CTF)

 

CTF grant to attorney general..........................           159,000

 

CTF grant to department of civil service...............            95,000

 

CTF grant to department of history, arts, and

 

   libraries............................................             3,800

 

CTF grant to department of management and budget.......            62,100

 

CTF grant to department of treasury....................             1,300

 

CTF grant to legislative auditor general...............            25,200

 

GROSS APPROPRIATION.................................... $     47,339,800

 

    Appropriated from:

 

   Special revenue funds:

 

Comprehensive transportation fund......................           346,400

 

Michigan transportation fund...........................        29,265,900

 

State aeronautics fund.................................           346,100

 

State trunkline fund...................................        17,381,400

 

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

 

   Sec. 104. EXECUTIVE DIRECTION

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 31.3

 

Unclassified salaries.................................. $        532,200

 

Asset management council...............................         1,626,400

 

Commission audit--31.3 FTE positions...................         3,498,100

 

GROSS APPROPRIATION.................................... $      5,656,700

 

    Appropriated from:

 


   Special revenue funds:

 

Michigan transportation fund...........................         1,626,400

 

State trunkline fund...................................         4,030,300

 

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

 

   Sec. 105. BUSINESS SUPPORT

 

   Full-time equated classified positions........... 78.0

 

Business support services--48.0 FTE positions.......... $      5,817,300

 

Human resources--21.0 FTE positions....................         2,441,800

 

Economic development and enhancement programs--9.0

 

   FTE positions........................................         1,151,700

 

Property management....................................         9,266,800

 

Human resources optimization user charges..............           205,000

 

Worker's compensation..................................         2,146,000

 

GROSS APPROPRIATION.................................... $     21,028,600

 

    Appropriated from:

 

   Special revenue funds:

 

Comprehensive transportation fund......................         1,324,000

 

Economic development fund..............................           494,200

 

Michigan transportation fund...........................           179,000

 

State aeronautics fund.................................           668,700

 

State trunkline fund...................................        18,362,700

 

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

 

   Sec. 106. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      28,483,300

 

GROSS APPROPRIATION.................................... $     28,483,300

 

    Appropriated from:

 

   Federal revenues:

 


DOT-FHWA, highway research, planning, and construction.         1,446,900

 

   Special revenue funds:

 

Blue Water Bridge fund.................................            46,800

 

Comprehensive transportation fund......................           183,500

 

Economic development fund..............................            37,100

 

Michigan transportation fund...........................           242,600

 

State aeronautics fund.................................           143,200

 

State trunkline fund...................................        26,383,200

 

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

 

   Sec. 107. FINANCE, CONTRACTS AND SUPPORT SERVICES

 

   Full-time equated classified positions.......... 243.5

 

    Financial and contractual services

 

Financial operations--80.0 FTE positions............... $      7,904,800

 

Contract services--53.6 FTE positions..................         5,127,100

 

Technical and support services--42.9 FTE positions.....         5,346,000

 

Performance excellence--12.0 FTE positions.............         1,435,500

 

Welcome center operations--55.0 FTE positions..........         4,860,700

 

GROSS APPROPRIATION.................................... $     24,674,100

 

    Appropriated from:

 

   Special revenue funds:

 

Michigan transportation fund...........................         1,894,700

 

State trunkline fund...................................        22,779,400

 

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

 

   Sec. 108. TRANSPORTATION PLANNING

 

   Full-time equated classified positions.......... 176.0

 

Statewide planning services--124.0 FTE positions....... $     13,013,500

 

Data collection services--52.0 FTE positions...........         5,637,200

 


Specialized planning services and local studies........        16,448,200

 

Grants to regional planning councils...................           488,800

 

GROSS APPROPRIATION.................................... $     35,587,700

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.       22,000,000

 

   Special revenue funds:

 

Comprehensive transportation fund......................           710,300

 

Michigan transportation fund...........................         6,304,500

 

State aeronautics fund.................................           261,900

 

State trunkline fund...................................         6,311,000

 

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

 

   Sec. 109. DESIGN AND ENGINEERING SERVICES

 

   Full-time equated classified positions........ 1,500.8

 

Engineering services--785.1 FTE positions.............. $     58,279,800

 

Program services--704.7 FTE positions..................        39,350,100

 

Intelligent transportation systems operations--11.0

 

   FTE positions........................................        10,091,100

 

GROSS APPROPRIATION.................................... $    107,721,000

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.        18,909,800

 

   Special revenue funds:

 

Michigan transportation fund...........................         5,597,400

 

State trunkline fund...................................        83,213,800

 

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

 

   Sec. 110. HIGHWAY MAINTENANCE

 


   Full-time equated classified positions.......... 828.7

 

State trunkline operations--828.7 FTE positions........ $    131,976,500

 

Contract operations....................................       146,631,200

 

GROSS APPROPRIATION.................................... $    278,607,700

 

    Appropriated from:

 

   Special revenue funds:

 

State trunkline fund...................................       278,607,700

 

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

 

   Sec. 111. ROAD AND BRIDGE PROGRAMS

 

State trunkline federal aid and road and bridge

 

   construction......................................... $    951,515,600

 

Local federal aid and road and bridge construction.....       268,570,000

 

Grants to local programs...............................        33,000,000

 

Rail grade crossing....................................         3,000,000

 

Local bridge fund......................................        29,618,400

 

County road commissions................................       623,396,400

 

Cities and villages....................................       347,571,400

 

GROSS APPROPRIATION.................................... $  2,256,671,800

 

    Appropriated from:

 

   Federal revenues:

 

DOT-FHWA, highway research, planning, and construction.     1,042,941,800

 

   Special revenue funds:

 

Local funds............................................        30,000,000

 

Blue Water Bridge fund.................................         8,553,200

 

Local bridge fund......................................        29,618,400

 

Michigan transportation fund...........................     1,006,967,800

 

State trunkline fund...................................       138,590,600

 


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

 

   Sec. 112. BLUE WATER BRIDGE

 

   Full-time equated classified positions........... 41.0

 

Blue Water Bridge operations--41.0 FTE positions....... $       5,320,200

 

GROSS APPROPRIATION.................................... $      5,320,200

 

    Appropriated from:

 

   Special revenue funds:

 

Blue Water Bridge fund.................................         5,320,200

 

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

 

   Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT FUND

 

Forest roads........................................... $      5,040,000

 

Rural county urban system..............................         2,500,000

 

Target industries/economic redevelopment...............        12,547,100

 

Urban county congestion................................         4,523,600

 

Rural county primary...................................         4,523,600

 

GROSS APPROPRIATION.................................... $     29,134,300

 

    Appropriated from:

 

   Special revenue funds:

 

Economic development fund..............................        29,134,300

 

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

 

   Sec. 114. AERONAUTICS AND FREIGHT SERVICES

 

   Full-time equated classified positions........... 84.0

 

Airport improvement services--30.0 FTE positions....... $      2,850,700

 

Aviation services--26.0 FTE positions..................         4,259,800

 

Freight and safety services--28.0 FTE positions........         2,805,100

 

Air service program....................................           700,000

 

GROSS APPROPRIATION.................................... $     10,615,600

 


    Appropriated from:

 

   Special revenue funds:

 

Comprehensive transportation fund......................           929,900

 

Michigan transportation fund...........................         1,875,200

 

State aeronautics fund.................................         7,810,500

 

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

 

   Sec. 115. PUBLIC TRANSPORTATION SERVICES

 

   Full-time equated classified positions........... 46.0

 

Passenger transportation services--46.0 FTE positions.. $       5,316,500

 

GROSS APPROPRIATION.................................... $      5,316,500

 

    Appropriated from:

 

   Federal revenues:

 

DOT, federal transit act...............................           762,100

 

   Special revenue funds:

 

Comprehensive transportation fund......................         4,357,400

 

Michigan transportation fund...........................           197,000

 

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

 

   Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING

 

Local bus operating.................................... $    164,124,000

 

Nonurban operating/capital.............................        18,200,000

 

GROSS APPROPRIATION.................................... $    182,324,000

 

    Appropriated from:

 

   Federal revenues:

 

DOT, federal transit act...............................        17,000,000

 

   Special revenue funds:

 

Local funds............................................         1,200,000

 

Comprehensive transportation fund......................       164,124,000

 


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

 

   Sec. 117. INTERCITY PASSENGER AND FREIGHT

 

Freight property management............................ $      1,000,000

 

Detroit/Wayne County port authority....................           500,000

 

Intercity bus equipment................................         2,700,000

 

Rail passenger service.................................         8,200,000

 

Freight preservation and development...................         4,692,900

 

Rail infrastructure loan program.......................         1,200,000

 

Intercity bus service development......................         5,650,000

 

Marine passenger services..............................           500,000

 

Terminal development...................................           550,000

 

GROSS APPROPRIATION.................................... $     24,992,900

 

    Appropriated from:

 

   Federal revenues:

 

DOT, federal transit act...............................         4,500,000

 

DOT-FRA, local rail service assistance.................           100,000

 

DOT-FRA, rail passenger/HSGT...........................         1,000,000

 

   Special revenue funds:

 

Local funds............................................            50,000

 

Comprehensive transportation fund......................        16,342,900

 

Intercity bus equipment fund...........................         1,000,000

 

Rail preservation fund.................................         2,000,000

 

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

 

   Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT

 

Specialized services................................... $      9,500,100

 

Municipal credit program...............................         2,000,000

 

Bus capital............................................        48,613,600

 


Van pooling............................................           195,000

 

Service initiatives....................................           916,500

 

Transportation to work.................................        11,944,000

 

GROSS APPROPRIATION.................................... $     73,169,200

 

    Appropriated from:

 

   Federal revenues:

 

DOT, federal transit act...............................        37,000,000

 

   Special revenue funds:

 

Local funds............................................        11,600,000

 

Comprehensive transportation fund......................        24,569,200

 

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 $2,116,665,000.00 and

 

state spending from state resources to be paid to local units of

 

government for fiscal year 2007-2008 is $1,240,343,900.00. The

 

itemized statement below identifies appropriations from which

 

spending to units of local government will occur:

 

DEPARTMENT OF TRANSPORTATION

 

Grants to local programs............................... $     33,000,000

 

Economic development fund..............................        16,587,200

 

Grants to cities and villages..........................       347,571,400

 


Grants to county road commissions......................       623,396,400

 

Local bridge fund......................................        29,618,400

 

Grants to regional planning councils...................           488,800

 

Local bus operating....................................       164,124,000

 

Bus capital............................................        13,613,600

 

Marine passenger service...............................           500,000

 

Detroit/Wayne County port authority....................           500,000

 

Municipal credit program...............................         2,000,000

 

Specialized services...................................         4,100,100

 

Transportation to work.................................         4,844,000

 

Total payments to local units of government............ $  1,240,343,900

 

     Sec. 202. The appropriations authorized under this article are

 

subject to the management and budget act, 1984 PA 431, MCL 18.1101

 

to 18.1594.

 

     Sec. 203. As used in this article:

 

     (a) "CTF" means comprehensive transportation fund.

 

     (b) "Department" means the department of transportation.

 

     (c) "DOT" means the United States department of

 

transportation.

 

     (d) "DOT-FHWA" means DOT, federal highway administration.

 

     (e) "DOT-FRA" means DOT, federal railroad administration.

 

     (f) "DOT-FRA, rail passenger/HSGT" means DOT, federal railroad

 

administration, high-speed ground transportation.

 

     (g) "EDF" means economic development fund.

 

     (h) "FTE" means full-time equated.

 

     (i) "MTF" means Michigan transportation fund.

 

     (j) "RIF" means recreation improvement fund.

 


     (k) "SAF" means state aeronautics fund.

 

     (l) "STF" means state trunkline fund.

 

     Sec. 204. The department of civil service shall bill the

 

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. 207. At least 90 days before beginning any effort to

 

privatize, the department shall submit a complete project plan to

 

the appropriate senate and house of representatives appropriations

 

subcommittees and the senate and house fiscal agencies. The plan

 

shall include the criteria under which the privatization initiative

 

will be evaluated. The evaluation shall be completed and submitted

 

to the appropriate senate and house of representatives

 

appropriations subcommittees and the senate and house fiscal

 

agencies within 6 months. As used in this section, "privatize" or

 

"privatization" means the transfer of state highway maintenance

 

functions or activities currently performed by department forces,

 


or by boards of county road commissioners, county boards of

 

commissioners, or local units of government under contract with the

 

department, to private contractors.

 

     Sec. 208. Unless otherwise specified, the department shall use

 

the Internet to fulfill the reporting requirements of this article.

 

This requirement may include transmission of reports via electronic

 

mail to the recipients identified for each reporting requirement or

 

it may include placement of reports on an Internet or Intranet

 

site.

 

     Sec. 209. Funds appropriated in part 1 shall not be used for

 

the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference should be given to

 

goods or services, or both, manufactured or provided by Michigan

 

businesses, if they are competitively priced and of comparable

 

quality. 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 of each department receiving

 

appropriations in part 1 may 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 encourage firms with which the department contracts

 

to subcontract with certified businesses in deprived and depressed

 

communities for services, supplies, or both.

 

     Sec. 211. The departments and state agencies receiving

 


appropriations under this article shall receive and retain copies

 

of all reports funded from appropriations in part 1. These

 

departments and state agencies shall follow federal and state

 

guidelines for short-term and long-term retention of these reports

 

and records.

 

     Sec. 258. 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. 259. 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. The user fees shall be subject to provisions

 

of an interagency agreement between the department and the

 

department of information technology.

 

     Sec. 260. (1) Due to the current budgetary problems in this

 

state, out-of-state travel for the fiscal year ending September 30,

 

2008 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, or through the

 

Internet, computer classes, or correspondence.

 

     (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. 261. A department or state agency shall not take

 

disciplinary action against an employee for communicating with a

 

member of the legislature or their staff.

 

     Sec. 262. 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. 263. (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.

 

 

 

DEPARTMENTAL SECTIONS

 

     Sec. 301. (1) The department may establish a fee schedule and

 

collect fees sufficient to cover the costs to issue the permits

 

that the department is authorized by law to issue upon request, and

 

for fees associated with freedom of information requests. Unless

 

otherwise authorized by statute, all fee revenue shall be credited

 

to the state trunkline fund to recover the direct and indirect

 

costs of receiving, reviewing, and processing the requests.

 

     (2) A bridge authority shall hold 3 public hearings on an

 

increase in any toll charged by the authority at least 30 days

 

before the toll change will become effective. Two of the hearings

 

shall be held within 5 miles of the bridge over which the bridge

 

authority has jurisdiction. One hearing shall be held in Lansing.

 

Public hearings held under this section shall be conducted in

 

accordance with the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275, and shall be conducted so as to provide a reasonable

 

opportunity for public comment, including both spoken and written

 

comments.

 

     Sec. 303. On request, the department shall provide to a

 

legislator, in writing, a report on the amount of money to be

 

received by each city and village and the county road commission of

 

each county, that is included in whole or in part within the

 

legislator's legislative district.

 

     Sec. 304. If, as a requirement of bidding on a highway

 


project, the department requires a contractor to submit financial

 

or proprietary documentation as to how the bid was calculated, that

 

bid documentation shall be kept confidential and shall not be

 

disclosed other than to a department representative without the

 

contractor's written consent. The department may disclose the bid

 

documentation if necessary to address or defend a claim by a

 

contractor.

 

     Sec. 305. The department shall permit space on public

 

passenger transportation properties to be occupied by public or

 

private tenants on a competitive market rate basis. The department

 

shall require that revenue from the tenants be placed in an account

 

to be used to pay the costs to maintain the property.

 

     Sec. 306. Biennially, in each even-numbered fiscal year, the

 

auditor general shall conduct an audit of charges to transportation

 

funds by state departments for the 2 preceding fiscal years. The

 

auditor general shall prepare a detailed report, with

 

recommendations and conclusions, including a list of services

 

charged to transportation funds, the appropriateness of those

 

charges, the cost allocation methodologies used in determining the

 

level of funding, and any unreimbursed costs. The report shall be

 

provided to the senate and house of representatives committees on

 

appropriations, the senate and house fiscal agencies, and the state

 

budget director 9 months after publication of the state of Michigan

 

comprehensive annual financial report.

 

     Sec. 307. Before February 1 of each year, the department will

 

provide to the legislature, the state budget office, and the house

 

and senate fiscal agencies its rolling 5-year plan listing by

 


county or by county road commission all highway construction

 

projects for the fiscal year and all expected projects for the

 

ensuing fiscal years.

 

     Sec. 308. The department and local road agencies that receive

 

appropriations under this article shall pursue compliance with

 

contract specifications for construction and maintenance of state

 

highways and local roads and streets. Work shall not be accepted

 

and paid for until it complies with contract requirements.

 

Contractors with unsatisfactory performance ratings shall be

 

restricted from future bidding through the prequalification process

 

established by the department or a local road agency. The

 

department, county road commissions, and cities and villages shall

 

report to the house of representatives and senate appropriations

 

subcommittees on transportation, the senate and house fiscal

 

agencies, and the state budget director on their respective

 

activities under this section.

 

     Sec. 309. The department shall reduce administrative costs and

 

provide the maximum funding possible for construction projects.

 

     Sec. 310. The department shall provide in a timely manner

 

copies of the agenda and approved minutes of monthly transportation

 

commission meetings to the members of the house and senate

 

appropriations subcommittees on transportation, the house and

 

senate fiscal agencies, and the state budget director.

 

     Sec. 312. At the close of the fiscal year, any unencumbered

 

and unexpended balance in the state trunkline fund shall remain in

 

the state trunkline fund and shall carry forward and is

 

appropriated for federal aid road and bridge programs for projects

 


contained in the annual state transportation program.

 

     Sec. 313. (1) From funds appropriated in part 1, the

 

department may increase a state infrastructure bank program and

 

grant or loan funds in accordance with regulations of the state

 

infrastructure bank program of the United States department of

 

transportation. The state infrastructure bank is to be administered

 

by the department for the purpose of providing a revolving, self-

 

sustaining resource for financing transportation infrastructure

 

projects.

 

     (2) In addition to funds provided in subsection (1), money

 

received by the state as federal grants, repayment of state

 

infrastructure bank loans, or other reimbursement or revenue

 

received by the state as a result of projects funded by the program

 

and interest earned on that money shall be deposited in the

 

revolving state infrastructure bank fund and shall be available for

 

transportation infrastructure projects. At the close of the fiscal

 

year, any unencumbered funds remaining in the state infrastructure

 

bank fund shall remain in the fund and be carried forward into the

 

succeeding fiscal year.

 

     Sec. 314. The department shall provide a report prepared by

 

the department's internal auditor on the activities of the internal

 

auditor for the previous fiscal year. The report shall be due on

 

February 1, 2008 and shall be submitted to the senate and house of

 

representatives appropriations committees, the senate and house

 

fiscal agencies, the director of the state budget office, and the

 

auditor general. This report shall include a list of all of the

 

following:

 


     (a) All work activities conducted by the internal auditor,

 

including a listing of all audits, reviews, and investigations.

 

     (b) The time charged to each work activity, including time

 

charged to each audit, review, or investigation.

 

     (c) A listing of which audits, reviews, and investigations

 

have been completed and which audits, reviews, and investigations

 

have had reports of the results issued.

 

     Sec. 319. The department shall post signs at each rest area to

 

identify the agency or contractor responsible for maintenance of

 

the rest area. The signs shall include a department telephone

 

number and shall indicate that unsafe or unclean conditions at the

 

rest area may be reported to that telephone number.

 

     Sec. 324. From the funds appropriated in part 1, $500,000.00

 

from the state trunkline fund shall be used for enhanced

 

construction zone traffic law enforcement and the "give 'em a

 

brake" campaign. The funding shall be used to reimburse law

 

enforcement agencies for costs associated with construction zone

 

traffic enforcement. The funding shall be provided based on

 

approved memoranda of understanding between the department and

 

participating law enforcement agencies.

 

     Sec. 334. The department shall continue its program to

 

increase the use of women- and minority-owned businesses in state

 

and local road construction projects. This program shall comprise,

 

at a minimum, outreach and education efforts to inform women- and

 

minority-owned firms of department competitive bidding processes

 

and requirements, and an assessment of the availability of surety

 

for women- and minority-owned businesses. The department shall

 


report by March 31, 2008, to the house and senate appropriations

 

subcommittees on transportation and the house and senate fiscal

 

agencies of its progress in complying with this section.

 

     Sec. 353. The department shall review its contractor payment

 

process and ensure that all prime contractors are paid promptly.

 

The department shall ensure that prime contractors are in

 

compliance with special provision 109.10 regarding the prompt

 

payment of subcontractors.

 

     Sec. 357. When presented with complete local federal aid

 

project submittals, the department shall complete all necessary

 

reviews and inspections required to let local federal aid projects

 

within 120 days of receipt. The department shall implement a system

 

for monitoring the local federal aid project review process.

 

     Sec. 361. The department will notify the senate and house

 

appropriations subcommittees on transportation, the senate and

 

house fiscal agencies, and the state budget director of any changes

 

to the services or function of the multi-modal transportation

 

services program as approved by the state transportation

 

commission.

 

     Sec. 370. From the funds appropriated in part 1, the

 

department shall maintain a complaint process to enforce the

 

charter service prohibition contained in section 10e of 1951 PA 51,

 

MCL 247.660e. The complaint process shall be independent from the

 

charter service complaint process administered by the federal

 

department of transportation, federal transit administration under

 

49 CFR part 604. The process shall allow complainants to file

 

written complaints with the director, either through the United

 


States mail or through the department's Internet site. The process

 

shall allow complainants and respondents to provide evidence to the

 

director regarding the alleged complaint. The director shall

 

dispose of all complaints within 120 days after receipt.

 

     Sec. 374. The department shall produce and distribute all

 

employee newsletters electronically.

 

     Sec. 375. The department is prohibited from reimbursing

 

contractors or consultants for costs associated with groundbreaking

 

ceremonies, receptions, open houses, or press conferences related

 

to transportation projects funded, in whole or in part, by revenue

 

appropriated in part 1.

 

     Sec. 376. No later than October 15, 2007, the department shall

 

report to the senate and house of representatives appropriations

 

subcommittees on transportation on the status of the 17 projects

 

that were initially deferred in the department's 5-year plan in

 

2003 and subsequently restored.

 

     Sec. 379. The department shall not spend any comprehensive

 

transportation fund revenue appropriated in part 1 on operational

 

planning for an eligible authority or eligible governmental agency

 

in accordance with section 10b(3) of 1951 PA 51, MCL 247.660b.

 

     Sec. 380. (1) The department only shall use those

 

appropriations contained in sections 114 and 115 to support the

 

operations of the multi-modal transportation services bureau.

 

Except as provided in subsection (2), the department is prohibited

 

from charging any costs associated with the multi-modal

 

transportation services bureau to any appropriation in part 1,

 

other than the appropriations contained in sections 114 and 115,

 


regardless of their funding source without an approved legislative

 

transfer or an enacted supplemental appropriations bill.

 

     (2) Funds not appropriated in sections 114 and 115 may be used

 

to fund costs associated with multi-modal transportation services,

 

aeronautics, or freight safety services activities related to

 

federally eligible costs for project management, inspection, and

 

administration of federally funded projects and for construction of

 

safety inspections of rail projects.

 

     Sec. 381. No funds appropriated in part 1 shall be used to pay

 

for the costs associated with the production or airing of a

 

television program by the department, unless the program addresses

 

traffic or safety advisories.

 

     Sec. 383. (1) The department, with assistance from the

 

departments of state police, natural resources, and military and

 

veterans affairs, shall prepare a quarterly report on all travel by

 

executive branch employees on state-owned, noncombat aircraft. The

 

report shall include, by department, the name of the traveler, the

 

travel origination location, the travel destination location, type

 

of aircraft, and the total estimated costs associated with the air

 

travel.

 

     (2) From the funds appropriated in part 1, the department is

 

prohibited from transporting employees of institutions of higher

 

education on state-owned aircraft.

 

     (3) From the funds appropriated in part 1, the department is

 

prohibited from transporting legislators or legislative staff on

 

state-owned aircraft without prior approval from the senate

 

majority leader and/or the speaker of the house of representatives.

 


     (4) From the funds appropriated in part 1, the department is

 

prohibited from transporting local government employees on state-

 

owned aircraft.

 

     (5) It is the intent of the legislature that state elected

 

officials use commercial or other private air service, unless air

 

travel on state-owned aircraft is part of official state business.

 

     (6) This section does not apply to transportation that is

 

related to law enforcement or homeland security activities.

 

     Sec. 384. (1) Notwithstanding any other provision of law, the

 

state transportation department shall not, directly or indirectly,

 

expend any funds appropriated in part 1 of this bill to continue

 

the Detroit River international crossing study project nor further

 

participate in any manner whatsoever with the border transportation

 

partnership, unless the following conditions are met:

 

     (a) The senate and house appropriations committees hold

 

hearings on the involvement of the department on the Detroit River

 

international crossing study project at which time the department

 

shall present an accounting of past and future, direct and indirect

 

expenditure of funds.

 

     (b) The passage of a concurrent resolution that acknowledges

 

that the department has justified past and future, direct and

 

indirect appropriations of the Detroit River international crossing

 

study project.

 

     (2) Notwithstanding any other provision of law, the state

 

transportation department shall not, directly or indirectly, expend

 

any funds appropriated in 2006 PA 345, 2005 PA 158, 2004 PA 361,

 

2003 PA 162, or 2002 PA 561 to continue the Detroit River

 


international crossing study project nor further participate in any

 

manner whatsoever with the border transportation partnership,

 

unless the following conditions are met:

 

     (a) The senate and house appropriations committees hold

 

hearings on the involvement of the department on the Detroit River

 

international crossing study project at which time the department

 

shall present an accounting of past and future, direct and indirect

 

expenditure of funds.

 

     (b) The passage of a concurrent resolution that acknowledges

 

that the department has justified past and future, direct and

 

indirect appropriations of the Detroit River international crossing

 

study project.

 

     (3) Within 10 days of the effective date of this act, the

 

department shall submit a report to the senate and house of

 

representatives appropriations subcommittees on transportation and

 

to the state transportation commission that identifies the source

 

and use of all funds attributable to or expended in furtherance of

 

the Detroit River international crossing study or the border

 

transportation partnership. The report shall include copies of all

 

contracts, agreements, and expenses associated with the project

 

from October 1, 2003 to June 30, 2007.

 

 

 

FEDERAL

 

     Sec. 401. When the department receives authorization from the

 

federal government to commit transportation funds pursuant to

 

federal appropriations, it shall present to the senate and house of

 

representatives appropriations transportation subcommittees and the

 


senate and house fiscal agencies, the federal amounts and

 

categories authorized and the department's recommendation for

 

distribution of these funds. If a recommendation or recommendations

 

are not approved within 30 business days by both the senate and

 

house of representatives appropriations transportation

 

subcommittees, then the recommendation or recommendations shall be

 

considered as disapproved. If either the senate or house of

 

representatives appropriations transportation subcommittees

 

disapproves the proposed distribution, then the senate and house of

 

representatives appropriations transportation subcommittees and the

 

department shall hold a joint meeting to develop a final

 

distribution.

 

     Sec. 402. A portion of the federal DOT-FHWA highway research,

 

planning, and construction funds made available to the state shall

 

be allocated to transportation programs administered by local

 

jurisdictions in accordance with section 10o of 1951 PA 51, MCL

 

247.660o. A local road agency, with respect to a project approved

 

for federal aid funding in a state transportation improvement

 

program, may enter into a voluntary buyout agreement with the

 

department or with another local road agency to exchange the

 

federal aid with state restricted transportation funds as agreed to

 

by the respective parties. The state-restricted transportation

 

funds received in exchange for federal aid funds shall be used for

 

the same purpose as the federal aid funds were originally intended.

 

 

 

MICHIGAN TRANSPORTATION FUND

 

     Sec. 501. The money received under the motor carrier act, 1933

 


PA 254, MCL 475.1 to 479.43, and not appropriated to the department

 

of labor and economic growth or the department of state police is

 

deposited in the Michigan transportation fund.

 

     Sec. 502. The department of treasury shall perform audits and

 

make investigations of the disposition of all state funds received

 

by county road commissions or county boards of commissioners, as

 

applicable, and cities and villages for transportation purposes to

 

determine compliance with the terms and conditions of 1951 PA 51,

 

MCL 247.651 to 247.675. County road commissions or county boards of

 

commissioners, as applicable, and cities and villages shall make

 

available to the department of treasury the pertinent records for

 

the audit.

 

     Sec. 503. (1) The funds appropriated in part 1 for the

 

economic development and local bridge programs shall not lapse at

 

the end of the fiscal year but shall carry forward each fiscal year

 

for the purposes for which appropriated in accordance with 1987 PA

 

231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL

 

247.660.

 

     (2) Interest earned in the department of transportation

 

economic development fund and local bridge fund shall remain in the

 

respective funds and shall be allocated to the respective programs

 

based on actual interest earned at the end of each fiscal year.

 

     (3) The department of transportation economic development fund

 

and local bridge fund may receive and expend federal, local, or

 

private funds or restricted source funds such as interest earnings

 

for projects that are consistent with the programmatic mission of

 

the respective funds in addition to funds appropriated in part 1.

 


     (4) None of the funds statutorily dedicated to the

 

transportation economic development fund and local bridge fund

 

shall be diverted to other projects.

 

     Sec. 504. (1) Funds from the Michigan transportation fund

 

(MTF) shall be distributed to the comprehensive transportation fund

 

(CTF), the economic development fund (EDF), the recreation

 

improvement fund (RIF), and the state trunkline fund (STF), in

 

accordance with this article and part 711 of the natural resources

 

and environmental protection act, 1994 PA 451, MCL 324.71101 to

 

324.71108, and may only be used as specified in this article, 1951

 

PA 51, MCL 247.651 to 247.675, and part 711 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.71101 to 324.71108.

 

     (2) The amounts appropriated and transferred to various state

 

agencies from part 1 shall be expended from the transportation

 

funds pursuant to annual contracts between the department and state

 

agencies providing tax and fee collection and other services

 

applicable to transportation funds. The contracts shall be executed

 

prior to the transfer of these funds. The contracts shall provide,

 

but are not limited to, the following data applicable to each state

 

agency:

 

     (a) Estimated costs to be recovered from transportation funds.

 

     (b) Description of services financed with transportation

 

funds.

 

     (c) Detailed cost allocation methods that are appropriate to

 

the type of services being provided and the activities financed

 

with transportation funds.

 


     (3) Two months after publication of the state of Michigan

 

comprehensive annual financial report, each state agency receiving

 

an interdepartment and statutory contract from the department shall

 

submit a written report to the department, the state budget

 

director, and the house and senate fiscal agencies stating by

 

spending authorization account the amount of estimated funds

 

contracted with the department, the amount of funds expended, the

 

amount of funds returned to the transportation funds, and any

 

unreimbursed transportation-related costs incurred but not billed

 

to transportation funds. A copy of the report shall be submitted to

 

the auditor general and the report shall be subject to audit by the

 

auditor general.

 

     (4) In addition to the requirements of subsection (3), the

 

state treasurer shall develop a cost allocation plan to identify

 

the actual costs of work based on time and effort performed by the

 

Michigan department of treasury for state-restricted transportation

 

funds. The cost allocation plan shall specifically identify the

 

costs of collecting constitutionally restricted motor fuel taxes.

 

The cost allocation plan shall be submitted to the senate and house

 

of representatives standing committees on appropriations

 

subcommittees on general government, the senate and house fiscal

 

agencies, the auditor general, and the state budget director by

 

November 1. The cost allocation plan shall be subject to audit by

 

the auditor general.

 

     Sec. 505. From the funds appropriated in part 1 for

 

structurally deficient bridges, the department shall utilize such

 

appropriations to repair or replace bridges in Michigan which have

 


been rated as structurally deficient under the national bridge

 

inventory ratings scale.

 

 

 

STATE TRUNKLINE FUND

 

     Sec. 601. The department shall work with the road construction

 

industry and engineering consulting community to develop

 

performance and road construction warranties for construction

 

contracts. The development of warranties shall include warranties

 

on materials, workmanship, performance criteria, and design/build

 

projects. The department will report by September 30 of each

 

calendar year to the house of representatives and senate

 

appropriations subcommittees on transportation, the state budget

 

director, and the house and senate fiscal agencies on the status of

 

efforts to develop performance and road construction warranties.

 

     Sec. 602. If the department uses manufactured pipe for road

 

construction drainage, the department shall require that pipe used

 

under certain load-bearing conditions beneath the roadway meets the

 

standards established by the American society for testing and

 

materials (ASTM) or American association of state highway and

 

transportation officials (AASHTO). The department may also use the

 

mandrel test for manufactured pipe 60 days after installation and

 

provide a summary of the results of these inspections to the house

 

of representatives and senate appropriations subcommittees on

 

transportation and house and senate fiscal agencies.

 

     Sec. 603. The department shall use traffic congestion as 1 of

 

the criteria in determining the priorities for designating which

 

roads shall be remediated in its 5-year road plan, which must be

 


submitted on or before February 1, 2008. Criteria for evaluating

 

traffic congestion shall include, but not be limited to,

 

coordination with local, county, and regional planning, improvement

 

in traffic operations, improvement in physical roadway conditions,

 

accident reduction, and coordination with area public

 

transportation planning.

 

     Sec. 607. Funding shall be made available for the remediation

 

of unsafe pedestrian crossings on state highways. Funds from this

 

appropriation may be expended only as matching funds for up to 50%

 

of project cost with additional project funding to be provided by

 

local units of government or through private contributions.

 

Selected projects shall require the approval of the transportation

 

commission. Maintenance of pedestrian overpasses constructed from

 

funds made available through this appropriation shall be the

 

responsibility of a local unit of government or public or private

 

institutions of higher education.

 

     Sec. 608. From the amounts appropriated in part 1 for forest

 

roads from the transportation economic development fund, $40,000.00

 

shall be used for the purpose of establishing 2 additional truck

 

inspection stations. The department shall work directly with

 

representatives of the timber industry to educate truck drivers on

 

the use of the stations. The department shall report on the status

 

of this program.

 

     Sec. 610. It is the intent of the legislature that the

 

department have as a priority the removal of dead deer and other

 

large animal remains from the traveled portion and shoulder of

 

state highways. The department, and counties that perform state

 


highway maintenance under contract, shall remove animal remains,

 

wherever practicable, away from the traveled portion and shoulder

 

of state highways.

 

     Sec. 611. From the appropriations in part 1, the department

 

shall use high-quality pavement marking materials for all state

 

trunkline projects with a design life of 10 years or greater. The

 

department shall coordinate with material suppliers, equipment

 

manufacturers, and application contractors to ensure cost-effective

 

improvements in durability and retro-reflectivity.

 

     Sec. 612. The department shall establish guidelines governing

 

incentives and disincentives provided under contracts for state

 

trunkline projects. The guidelines shall include specific financial

 

information concerning incentives and disincentives. On or before

 

January 1, 2008, the department shall prepare a report for the

 

immediately preceding fiscal year regarding contract incentives and

 

disincentives. This report shall include a list, by project, of the

 

contractors that received contract incentives and/or disincentives,

 

the amount of the incentives and/or disincentives, and the number

 

of days that each project was completed either ahead or past the

 

contracted completion date. This report shall be provided to the

 

senate and house appropriations subcommittees on transportation,

 

the senate and house standing committees on transportation, and the

 

senate and house fiscal agencies.

 

     Sec. 613. From the funds appropriated in part 1, not less than

 

$50,000.00 shall be expended for the implementation of a

 

comprehensive signage program on I-94, US-127, US-223, M-50, US-23,

 

and I-69 to assist traffic coming from all directions to locate the

 


Michigan international speedway.

 

     Sec. 615. From the funds appropriated in part 1, the

 

department shall proceed with the construction of a full

 

interchange at the intersection of M-48 and I-75 in Chippewa

 

County. The department shall develop design plans and award the

 

construction contract for this project during the fiscal year

 

ending September 30, 2008.

 

     Sec. 616. From the funds appropriated in part 1, the

 

department shall reimburse the city of Petoskey for installation of

 

a traffic light on US-31 at the intersection with Bay Harbor in

 

Emmet County.

 

     Sec. 639. The department shall develop a plan and schedule to

 

place signs on state highways that direct motorists to drive on the

 

right half of the roadway in accordance with section 634 of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.634. The plan and

 

schedule shall be submitted to the senate and house appropriations

 

committees, the senate and house fiscal agencies, and the state

 

budget director by November 1, 2007.

 

     Sec. 640. The department shall develop a plan and schedule to

 

place signs on state highways that direct motorists to yield the

 

right-of-way to approaching emergency vehicles in accordance with

 

section 653 of the Michigan vehicle code, 1949 PA 300, MCL 257.653.

 

The plan and schedule shall be submitted to the senate and house

 

appropriations committees, the senate and house fiscal agencies,

 

and the state budget director by November 1, 2007.

 

     Sec. 654. It is the intent of the legislature that the

 

Mackinac Bridge Authority work to protect the long-term viability

 


of the Mackinac Bridge.

 

     Sec. 655. It is the intent of the legislature that the

 

department expend not less than $32,000.00 for a safe routes to

 

schools project in Eaton Rapids, Michigan, involving extension of

 

and improvements to sidewalks along North State Street from Gould

 

to beyond Greyhound Drive, as well as connecting streets in

 

neighborhoods near Eaton Rapids High School, Eaton Rapids Middle

 

School, Greyhound Intermediate School, and Lockwood Elementary

 

School.

 

     Sec. 656. It is the intent of the legislature that the

 

department upgrade that section of M-49 from M-99 to US-12 to

 

standards necessary for designation as a designated highway as

 

provided under sections 717 and 718 of the Michigan vehicle code,

 

1949 PA 300, MCL 257.717 and 257.718, and for inclusion as a

 

"green" special designated highway on the department's truck

 

operator's map.

 

     Sec. 657. It is the intent of the legislature that the

 

department proceed with a congestion mitigation corridor study of

 

US-23 from M-14 to I-96 in Washtenaw and Livingston counties,

 

including environmental assessment of transportation improvements

 

to US-23.

 

     Sec. 658. It is the intent of the legislature that the

 

department proceed with the reconstruction of the interchange at I-

 

196 and Phoenix Road in South Haven.

 

     Sec. 659. For pavement projects for which there are no

 

Michigan actual historic project maintenance, repair, and

 

resurfacing schedules and costs as recorded by the pavement

 


management system, the department may use actual historical and

 

comparable data for equivalent designs from states with similar

 

climates, soil structures, and vehicle traffic.

 

     Sec. 660. The department shall conduct a demonstration

 

inventory project in cooperation with the Grand Valley metropolitan

 

council utilizing a mobile pavement management data collection

 

system. The department will report by September 30, 2007, to the

 

house of representatives and senate appropriations subcommittees on

 

transportation, the house and senate fiscal agencies, and the state

 

budget director on the results of the demonstration project.

 

 

 

COMPREHENSIVE TRANSPORTATION FUND

 

     Sec. 701. Money that is received by the state as a lease

 

payment for state-owned intercity bus equipment is not money to be

 

deposited in the comprehensive transportation fund under section

 

10b of 1951 PA 51, MCL 247.660b, but is money that is deposited in

 

an intercity bus equipment fund for appropriation for the purchase

 

and repair of intercity bus equipment. Proceeds received by the

 

state from the sale of intercity bus equipment are deposited in an

 

intercity bus equipment fund for appropriation for the purchase and

 

repair of intercity bus equipment. Security deposits from the lease

 

of state-owned intercity bus equipment not returned to the lessee

 

of the equipment under terms of the lease agreement are deposited

 

in an intercity bus equipment fund for appropriation for the repair

 

of intercity bus equipment. At the close of the fiscal year, any

 

funds remaining in the intercity bus equipment fund shall remain in

 

the fund and be carried forward into the succeeding fiscal year.

 


     Sec. 702. Money that is received by the state as repayment for

 

loans made for rail or water freight capital projects, and as a

 

result of the sale of property or equipment used or projected to be

 

used for rail or water freight projects shall be deposited in the

 

fund created by section 17 of the state transportation preservation

 

act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal

 

year, any funds remaining in the rail preservation fund shall

 

remain in the fund and be carried forward into the succeeding

 

fiscal year.

 

     Sec. 703. After receiving notification from a railroad company

 

pursuant to section 8 of the state transportation preservation act

 

of 1976, 1976 PA 295, MCL 474.58, the department shall immediately

 

notify the house of representatives and senate appropriations

 

subcommittees on transportation and the state budget office that

 

the railroad company has filed with the appropriate governmental

 

agencies for abandonment of a line.

 

     Sec. 705. Funds appropriated in part 1 for the rail

 

infrastructure loan program shall be credited to the rail

 

infrastructure loan fund established in section 15a of the state

 

transportation preservation act of 1976, 1976 PA 295, MCL 474.65a.

 

     Sec. 706. The Detroit/Wayne County port authority shall issue

 

a complete operations assessment and a financial disclosure

 

statement. The operations assessment shall include operational

 

goals for the next 5 years and recommendations to improve land

 

acquisition and development efficiency. The report shall be

 

completed and submitted to the house of representatives and senate

 

appropriations subcommittees on transportation, the state budget

 


director, and the house and senate fiscal agencies by February 15

 

of each fiscal year for the prior fiscal year.

 

     Sec. 707. (1) For the fiscal year ending September 30, 2008,

 

each eligible authority and each eligible governmental agency which

 

provides public transportation services in urbanized areas with a

 

Michigan population of less than or equal to 100,000 and

 

nonurbanized areas under section 5311 of title 49 of the United

 

States Code, 49 USC 5311, shall receive a grant of up to 60% of its

 

eligible operating expenses. Each eligible authority and each

 

eligible government agency which provides public transportation

 

services in urbanized areas with a Michigan population of greater

 

than 100,000 under section 5307 of title 49 of the United States

 

Code, 49 USC 5307, shall receive a grant of up to 50% of its

 

eligible operating expenses.

 

     (2) If the department determines that the Detroit

 

transportation corporation is an eligible governmental agency as

 

defined in section 10c(c) of 1951 PA 51, MCL 247.660c, and is

 

eligible for operating grants under section 10e of 1951 PA 51, MCL

 

247.660e, the Detroit transportation corporation shall receive an

 

operating grant not to exceed the amount of the distribution it

 

received for eligible operating expenses for the fiscal year ending

 

September 30, 1997 as provided in section 10e(4)(a)(v) of 1951 PA

 

51, MCL 247.660e. The funding plan for capital construction costs

 

of the Detroit people mover project as described and provided under

 

1984 PA 243, 1985 PA 111, 1986 PA 207, 1987 PA 136, 1988 PA 271,

 

1989 PA 54, and 1990 PA 202 represents the only funding plan for

 

cost overruns and there is no provision or expectation of other

 


state money of any nature or character whatsoever for the

 

construction or operation of the project.

 

     Sec. 708. If funds appropriated in part 1 are used to provide

 

state-owned or state-leased buses to private intercity bus

 

carriers, the department shall charge not less than $1,000.00 per

 

bus per year for their use.

 

     Sec. 709. (1) The following bus routes are designated as an

 

essential corridor in Michigan:

 

   Between St. Ignace and Escanaba      US-2

 

   Between Escanaba and Duluth          US-2 through Ironwood to the

 

                                           state line

 

   Between Calumet and Escanaba         US-41

 

   Between Escanaba and Milwaukee       US-41 through Menominee to

 

                                           the state line

 

   Between St. Ignace and              

 

     Sault Ste. Marie                   I-75

 

   Between Detroit and Chicago          I-94 from Detroit to the    

 

                                           state line

 

   Between Detroit and Muskegon         I-96

 

   Between Grand Rapids, Holland,      

 

     and Benton Harbor                  I-196 to I-94

 

   Between Muskegon and Grand          

 

     Rapids                             US-31, I-96

 

   Between Detroit and Bay City         I-75

 

   Between Bay City and Mount          

 

     Pleasant                           US-10, M-20

 

   Between Jackson and Traverse         US-127, US-27, I-75,

 


     City                                 Grayling,

 

                                           Gaylord, M-72 to Traverse

 

                                           City

 

   Between Jackson and                  I-69, I-94 to the state line

 

     Indianapolis                         through Albion, Marshall,

 

                                           and Coldwater

 

   Between Houghton Lake and           

 

     Cadillac                           M-55 and M-66

 

   Between Detroit and Toledo           I-75 to the state line

 

   Between the Indiana state line      

 

     and Traverse City                  US-31 and I-196

 

   Between Detroit and Port Huron       I-375 and I-94

 

   Between Toledo and Bay City          US-23, I-75, and I-675, I-75

 

   Between Bay City and Chicago         I-75, Flint, I-69, I-94,

 

                                           Battle Creek, I-94 to the

 

                                           state line

 

   Between Flint and Lansing            I-69, M-21, Owosso, M-52,

 

                                           I-69

 

   Between Bay City and St. Ignace      I-75, US-23

 

   Between Grand Rapids and             US-131, Cadillac, M-115,

 

     St. Ignace                           Mesick, M-37 to Traverse

 

                                           City, US-31, Acme, M-72,

 

                                           Kalkaska, US-131, Boyne

 

                                           Falls, M-75, Walloon Lake,

 

                                           US-131, Petoskey, US-31,

 

                                           I-75, St. Ignace

 

   Between Kalamazoo and Grand         

 


     Rapids                             US-131

 

     (2) Any changes to the essential corridor list in subsection

 

(1) shall be approved by the house and senate appropriations

 

subcommittees on transportation.

 

     (3) No entity shall receive operating assistance for a

 

scheduled regular route service which is competing with another

 

private or public carrier over the same route.

 

     Sec. 711. (1) From the funds appropriated in part 1 from the

 

comprehensive transportation fund for rail passenger service, the

 

department shall negotiate with a rail carrier to provide rail

 

service between Grand Rapids and Chicago and between Port Huron and

 

Chicago on a 7-day basis, consistent with the other provisions of

 

this section.

 

     (2) Any state subsidy for rail passenger service between Grand

 

Rapids and Chicago and between Port Huron and Chicago shall be

 

limited to an amount equal to revenue generated from operation of

 

these routes, including, but not limited to, revenue from fares and

 

concessions. The state subsidy shall not exceed $7,100,000.00.

 

     (3) The rail carrier shall, as a condition to receiving a

 

state operating subsidy, maintain a system to monitor, collect, and

 

resolve customer complaints and shall make the information

 

available to the department, the house and senate appropriations

 

subcommittees on transportation, and the house and senate fiscal

 

agencies.

 

     (4) Future state support for the service between Grand Rapids

 

and Chicago and Port Huron and Chicago is dependent on the

 

department's ability to provide a plan and a contract for services

 


that increase ridership and revenue, reduce operating costs, and

 

improve on-time performance.

 

     (5) No state subsidy shall be provided from the funds

 

appropriated in part 1 if the chosen rail carrier is Amtrak and

 

Amtrak discontinued service or any portion of the service between

 

Port Huron and Chicago or Grand Rapids and Chicago during the

 

preceding fiscal year, unless the discontinuance of service was for

 

track maintenance or was caused by acts of God.

 

     Sec. 714. (1) The department, in cooperation with local

 

transit agencies, shall work to ensure that demand-response

 

services are provided throughout Michigan. The department shall

 

continue to work with local units of government to address the

 

unmet transit needs in Michigan.

 

     (2) The department shall report by March 1, 2008 on its

 

efforts to implement this section over the past 2 years.

 

     Sec. 721. For federal transit administration bus acquisition

 

capital grants matched with CTF funds appropriated in part 1,

 

transit agencies shall have 4 years from the federal approval date

 

to carry out their projects. Contract line items unobligated 4

 

years after the federal approval date may be matched with CTF funds

 

only up to 15% in the fifth and subsequent years. "Unobligated"

 

means any line item in the contract that is not committed to a

 

third party or purchase order. A waiver shall be granted by the

 

department for an additional year with documented justification

 

from the transit agency accompanied by a resolution from the board

 

or authority seeking a waiver. If a transit agency does not carry

 

out a line item activity in a specific authorization and the

 


transit agency requests funds in a new authorization for that same

 

activity, the line item shall be matched at up to 15%. This section

 

applies only to bus acquisition capital grants. Lapsed funds under

 

this section shall remain in the CTF.

 

     Sec. 722. From the funds appropriated in part 1 for

 

transportation to work from the CTF, sufficient funds shall be used

 

as a match for job access reverse commute grants for local transit

 

agencies.

 

     Sec. 729. From the funds appropriated in part 1 for intercity

 

bus service development, $100,000.00 shall be used for lost

 

ridership support and/or marketing efforts to increase awareness of

 

intercity bus service, increase ridership on intercity bus

 

carriers, and improve coordination of intercity bus service in

 

Michigan.

 

     Sec. 730. The department shall sell all state-owned intercity

 

bus equipment within 6 months of termination of lease agreements

 

with intercity bus carriers. The proceeds from the sale of state-

 

owned intercity bus equipment under this section shall be deposited

 

in the intercity bus equipment fund, consistent with section 701.

 

     Sec. 731. The department shall charge public transit agencies

 

and intercity bus carriers equal rates per square foot for leasing

 

space in state-owned intermodal facilities.

 

     Sec. 732. (1) From the funds appropriated in part 1 for local

 

bus operating, eligible authorities and eligible governmental

 

agencies receiving grants under section 10e of 1951 PA 51, MCL

 

247.660e, shall equip vehicles with necessary operational lifts and

 

certify to the department, in a format specified by the department,

 


that those lifts are maintained and cycled on a regularly scheduled

 

basis to ensure operability consistent with authority granted to

 

the department under 1951 PA 51, MCL 247.651 to 247.675.

 

     (2) By October 29, 2007, eligible authorities and eligible

 

governmental agencies shall forward to the department and the

 

senate and house fiscal agencies a report on the status of their

 

fleet with respect to operational lifts pursuant to subsection (1).

 

Eligible authorities and eligible governmental agencies shall

 

specifically include information in the report on the number and

 

percentage of the fleet with operational lifts, and the number and

 

percentage of the fleet with operational lifts that are not in

 

working order.

 

     (3) An eligible authority or eligible governmental agency that

 

reports, pursuant to subsection (2), that vehicles currently

 

eligible for or in active service have lifts that are not

 

operational, shall certify to the department by December 31, 2007

 

that the nonoperational lifts have been repaired or replaced and

 

are operational.

 

     (4) By April 1, 2008, the department director shall certify,

 

in writing, to the senate and house appropriations subcommittees on

 

transportation, senate and house fiscal agencies, and the state

 

budget director that the information provided by each eligible

 

authority or eligible governmental agency under subsections (2) and

 

(3) is accurate to the best of the director's knowledge. In the

 

event that the department director finds that the information

 

provided by each eligible authority or eligible governmental agency

 

under subsections (2) and (3) is inaccurate, the director shall

 


notify the eligible authority or eligible governmental agency of

 

the inaccuracies and require submission of a corrected report.

 

     (5) Eligible authorities and eligible governmental agencies

 

that report, pursuant to subsection (2), nonoperational lifts on

 

vehicles currently eligible for or in active service, and who are

 

unable to certify, pursuant to subsection (3), that lifts have been

 

repaired or replaced by December 31, 2007, shall not receive 25% of

 

their monthly local bus operating grant, beginning January 1, 2007.

 

Persons 65 years of age or older and persons with disabilities

 

shall be exempt from fare box charges for the period an eligible

 

authority or eligible governmental agency has funds withheld

 

pursuant to this subsection.

 

     (6) If the eligible authority or eligible governmental agency

 

certifies on or before April 30, 2008 that lifts reported as

 

nonoperational pursuant to subsections (3) and (4) are now

 

operational, funds withheld during the period subsequent to

 

December 31, 2007 shall be forwarded to the applicable eligible

 

authority or eligible governmental agency. If the applicable lifts

 

are not operational by April 30, 2008, funds withheld pursuant to

 

subsection (4) shall be forfeited and deposited to the

 

comprehensive transportation fund.

 

     (7) The department shall report to the senate and house

 

appropriations subcommittees on transportation, senate and house

 

fiscal agencies, and the state budget director on September 30,

 

2008, regarding actions taken with respect to implementation of

 

this section.

 

     (8) The department shall ensure that transit agencies have

 


adequate wheelchair lifts available on demand response vehicles to

 

meet the needs of persons with disabilities.

 

     (9) Eligible authorities and eligible governmental agencies

 

which have been certified by the department director for 3

 

consecutive years are exempt from the reporting requirements in

 

subsections (2) and (3) unless a complaint has been filed.

 

     Sec. 734. (1) The department shall ensure that all public

 

transit agencies provide the highest quality public transit service

 

by moving people in a cost-effective, safe, and user-friendly

 

manner that maintains and attracts residents and businesses.

 

     (2) Public transit agencies receiving funds under part 1 shall

 

do all of the following:

 

     (a) Provide efficient, cost-effective, safe, well-maintained,

 

reliable, customer-driven transportation services.

 

     (b) Provide a quality work environment that has and fulfills

 

employee performance, productivity, and development standards.

 

     (c) Identify and capture all available funding or create cost-

 

effective programs to eliminate debt and have a balanced budget.

 

     (d) Maintain sufficient local and community funding.

 

     (e) Support business development by providing transportation

 

to areas of employment and commerce, emerging or established

 

businesses, and health care facilities.

 

     Sec. 736. From the funds appropriated in part 1, the

 

department shall work with intercity rail and bus passenger

 

carriers to coordinate intercity passenger transportation in

 

Michigan. The department shall assist in the coordination of

 

intercity routes, schedules, and facilities.

 


     Sec. 737. It is the intent of the legislature that the

 

department proceed with the construction of a Birmingham/Troy

 

intermodal passenger facility.

 

     Sec. 740. The department shall report by March 1 of each year

 

to the house of representatives and senate appropriations

 

subcommittees on transportation, the house and senate fiscal

 

agencies, and the state budget director the encumbered and

 

unencumbered balances of the comprehensive transportation fund.

 

     Sec. 741. The department shall report by October 1, 2007 to

 

the house of representatives and senate appropriations

 

subcommittees on transportation, the house and senate fiscal

 

agencies, and the state budget director on progress made to improve

 

the Ann Arbor & NW Michigan railroad's track infrastructure for the

 

purpose of supporting passenger train speed of 59 miles per hour.

 

 

 

AERONAUTICS FUND

 

     Sec. 801. At the close of the fiscal year, any unobligated and

 

unexpended balance in the state aeronautics fund created in the

 

aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1

 

to 259.208, shall lapse to the state aeronautics fund and be

 

appropriated by the legislature in the immediately succeeding

 

fiscal year.

 

     Sec. 805. State aeronautics funds appropriated in part 1 for

 

airport safety and protection plan debt service are transferred to

 

the comprehensive transportation fund and are appropriated for the

 

purpose of reimbursing comprehensive transportation fund debt

 

service obligations for the airport safety and protection plan

 


program.