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.