HB-5884, As Passed House, September 16, 2010
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5884
A bill to make appropriations for the department of energy,
labor, and economic growth and certain other state purposes for the
fiscal year ending September 30, 2011; to provide for the
expenditure of those appropriations; to provide for the imposition
of certain fees; to provide for the disposition of fees and other
income received by the state agencies; to provide for reports to
certain persons; and to prescribe powers and duties of certain
state departments and certain state and local agencies and
officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. The amounts listed in this part are appropriated for
the department of energy, labor, and economic growth, subject to
the conditions set forth in this act, for the fiscal year ending
September 30, 2011, from the funds identified in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 58.5
Full-time equated classified positions........ 4,359.5
GROSS APPROPRIATION.................................... $ 1,278,178,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,246,300
ADJUSTED GROSS APPROPRIATION........................... $ 1,264,931,900
Federal revenues:
Total federal revenues................................. 845,292,500
Special revenue funds:
Total local revenues................................... 16,020,400
Total private revenues................................. 6,085,000
Total other state restricted revenues.................. 349,926,100
State general fund/general purpose..................... $ 47,607,900
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 58.5
Full-time equated classified positions.......... 153.0
Unclassified salaries.................................. $ 4,625,200
Executive director programs--49.0 FTE positions........ 5,559,500
Property management.................................... 11,161,300
Rent................................................... 12,675,800
Worker's compensation.................................. 851,700
Special project advances............................... 940,000
Administrative services--104.0 FTE positions........... 10,534,600
GROSS APPROPRIATION.................................... $ 46,348,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 300,000
Federal revenues:
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 4,171,900
DOE-OEERE, multiple grants............................. 68,700
DOL-ETA, unemployment insurance........................ 11,314,800
DOL-ETA, workforce investment act...................... 902,900
DOL, federal funds..................................... 1,680,000
DOL, multiple grants for safety and health............. 753,900
Federal revenues....................................... 615,600
HHS, titles XVIII and XIX.............................. 55,000
HHS, temporary assistance for needy families........... 332,400
Special revenue funds:
Local revenues......................................... 131,300
Private - special project advances..................... 940,000
Bank fees.............................................. 342,900
Boiler fee revenue..................................... 244,400
Construction code fund................................. 1,085,000
Consumer finance fees.................................. 73,400
Contingent fund, penalty and interest account.......... 872,300
Corporation fees....................................... 4,470,600
Credit union fees...................................... 355,400
Deferred presentment service transaction fees.......... 24,900
Elevator fees.......................................... 251,500
Fees and collections/asbestos.......................... 98,200
Fire service fees...................................... 748,700
Insurance licensing and regulation fees................ 1,772,400
Insurance bureau fund.................................. 492,400
Licensing and regulation fees.......................... 972,700
Liquor purchase revolving fund......................... 4,688,600
MBLSLA fund............................................ 84,200
Mobile home code fund.................................. 252,300
Motor carrier fees..................................... 203,600
Private occupational school license fees............... 14,000
Public utility assessments............................. 2,251,600
Retired engineers technical assistance program fund.... 234,700
Safety education and training fund..................... 725,800
Second injury fund..................................... 247,500
Securities fees........................................ 2,400,700
Self-insurers security fund............................ 88,300
Silicosis and dust disease fund........................ 109,900
Tax tribunal fund...................................... 176,500
Video franchise assessments............................ 4,000
Workers compensation administrative revolving fund..... 100,000
State general fund/general purpose..................... $ 1,695,100
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 370.0
Administration--35.0 FTE positions..................... $ 7,136,000
Financial evaluation--225.0 FTE positions.............. 33,212,600
Regulatory compliance and consumer assistance--110.0
FTE positions........................................ 18,068,200
GROSS APPROPRIATION.................................... $ 58,416,800
Appropriated from:
Federal revenues:
Federal regulatory project revenue..................... 50,400
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 8,091,000
Captive insurance regulatory and supervision fund...... 247,800
Consumer finance fees.................................. 4,061,700
Credit union fees...................................... 5,953,800
Deferred presentment service transaction fees.......... 2,562,500
Insurance bureau fund.................................. 20,017,600
Insurance continuing education fees.................... 1,000,000
Insurance licensing and regulation fees................ 4,579,300
MBLSLA fund............................................ 4,577,500
Multiple employer welfare arrangement.................. 72,600
Securities fees........................................ 4,202,600
Securities investor education and training fund........ 1,000,000
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION AND ENERGY
SYSTEMS
Full-time equated classified positions.......... 213.0
Public service commission--190.0 FTE positions......... $ 26,380,500
Bureau of energy systems--18.0 FTE positions........... 12,068,600
METRO authority--5.0 FTE positions..................... 334,900
GROSS APPROPRIATION.................................... $ 38,784,000
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 9,680,600
DOT-RSPA, gas pipeline safety.......................... 430,000
Special revenue funds:
Private - oil overcharge............................... 30,000
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 1,689,100
Public utility assessments............................. 24,239,700
Restructuring mechanism assessment..................... 440,000
Retired engineers technical assistance program fund.... 1,602,000
Video franchise assessments............................ 400,000
State general fund/general purpose..................... $ 0
Sec. 105. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 158.0
Management support services--28.0 FTE positions........ $ 3,670,700
Liquor licensing and enforcement--130.0 FTE positions.. 14,178,600
GROSS APPROPRIATION.................................... $ 17,849,300
Appropriated from:
Special revenue funds:
Direct shipper enhancement revolving fund.............. 120,000
Liquor license revenue................................. 6,813,600
Liquor purchase revolving fund......................... 10,915,700
State general fund/general purpose..................... $ 0
Sec. 106. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 435.0
Boiler inspection program--25.0 FTE positions.......... $ 2,883,000
Bureau of fire services--57.0 FTE positions............ 5,559,000
Code enforcement--120.0 FTE positions.................. 13,726,700
Commercial services--170.0 FTE positions............... 18,384,600
Elevator inspection program--30.0 FTE positions........ 3,102,200
Manufactured housing and land resources program--22.0
FTE positions........................................ 2,651,600
Property development group--11.0 FTE positions......... 1,658,300
GROSS APPROPRIATION.................................... $ 47,965,400
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 100,000
Federal revenues:
DOT.................................................... 60,000
FEMA................................................... 28,000
HHS, title XVIII and XIX............................... 700,000
Special revenue funds:
Accountancy enforcement fund........................... 408,100
Boiler fee revenue..................................... 3,306,500
Builder enforcement fund............................... 415,600
Construction code fund................................. 12,908,800
Corporation fees....................................... 6,149,000
Elevator fees.......................................... 3,496,600
Fire alarm fees........................................ 111,300
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 1,919,700
Land sales fees........................................ 55,600
Licensing and regulation fees.......................... 10,914,500
Mobile home code fund.................................. 2,651,600
Property development fees.............................. 298,900
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 283,800
Real estate enforcement fund........................... 350,400
Security business fund................................. 312,000
Survey and remonumentation fund........................ 749,600
Unarmed combat fund.................................... 58,400
State general fund/general purpose..................... $ 2,600,000
Sec. 107. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 229.0
Occupational safety and health--229.0 FTE positions.... $ 27,750,500
GROSS APPROPRIATION.................................... $ 27,750,500
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 12,946,600
Special revenue funds:
Corporation fees....................................... 3,664,400
Fees and collections/asbestos.......................... 893,200
Safety education and training fund..................... 8,289,900
Securities fees........................................ 1,956,400
State general fund/general purpose..................... $ 0
Sec. 108. BUREAU OF WORKER'S AND UNEMPLOYMENT
COMPENSATION
Full-time equated classified positions........ 1,551.0
Worker's compensation administration--96.6 FTE
positions............................................ $ 9,417,400
Board of magistrates and appellate commission--19.4
FTE positions........................................ 2,881,000
Insurance funds administration--28.0 FTE positions..... 4,816,700
Supplemental benefit fund.............................. 820,000
Unemployment programs--1,302.7 FTE positions........... 135,180,200
Advocacy assistance program............................ 1,500,000
Expanded fraud control program--33.2 FTE positions..... 3,428,400
Special audit and collections program--34.0 FTE
positions............................................ 2,993,200
Training program for agency staff--2.1 FTE positions... 1,821,400
Wage and hour division--35.0 FTE positions............. 3,346,800
GROSS APPROPRIATION.................................... $ 166,205,100
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 1,173,800
DOL-ETA, unemployment insurance........................ 137,754,900
Federal Reed act funds................................. 4,494,500
Special revenue funds:
Corporation fees....................................... 3,389,900
Contingent fund, regular penalty and interest account.. 1,500,000
Second injury fund..................................... 2,593,000
Securities fees........................................ 2,535,300
Self-insurers security fund............................ 1,226,100
Silicosis and dust disease fund........................ 997,600
Worker's compensation administrative revolving fund.... 2,790,400
State general fund/general purpose..................... $ 7,749,600
Sec. 109. STATE OFFICE OF ADMINISTRATIVE HEARINGS
AND RULES
Full-time equated classified positions.......... 178.0
Administrative hearings and rules--178.0 FTE positions. $ 24,910,100
GROSS APPROPRIATION.................................... $ 24,910,100
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings and rules................ 12,846,300
Federal revenues:
Federal revenue - administrative hearings and rules.... 7,296,900
Special revenue funds:
State restricted revenue - administrative hearings and
rules................................................ 4,766,900
State general fund/general purpose..................... $ 0
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 42,296,300
GROSS APPROPRIATION.................................... $ 42,296,300
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 21,554,000
DOL, multiple grants for safety and health............. 273,700
Federal revenues....................................... 6,454,300
HHS, temporary assistance for needy families........... 176,300
Special revenue funds:
Bank fees.............................................. 219,500
Boiler fee revenue..................................... 320,500
Construction code fund................................. 1,027,500
Consumer finance fees.................................. 95,100
Corporation fees....................................... 2,833,700
Credit union fees...................................... 192,100
Deferred presentment service transaction fees.......... 85,700
Elevator fees.......................................... 271,300
Fees and collections/asbestos.......................... 11,000
Fire service fees...................................... 553,500
Insurance bureau fund.................................. 545,500
Insurance continuing education fees.................... 26,700
Insurance licensing and regulation fees................ 330,000
Licensing and regulation fees.......................... 1,148,400
Liquor purchase revolving fund......................... 2,630,900
MBLSLA fund............................................ 104,100
Mobile home code fund.................................. 152,800
Motor carrier fees..................................... 148,900
Public utility assessments............................. 979,100
Retired engineers technical assistance program fund.... 23,200
Safety education and training fund..................... 624,700
Second injury fund..................................... 143,600
Securities fees........................................ 923,500
Self-insurers security fund............................ 71,500
Silicosis and dust disease fund........................ 61,500
Tax tribunal fund...................................... 210,000
State general fund/general purpose..................... $ 103,700
Sec. 111. WORKFORCE DEVELOPMENT
Full-time equated classified positions.......... 872.5
Employment services--246.0 FTE positions............... $ 49,389,600
Labor market information--52.0 FTE positions........... 6,564,400
Michigan rehabilitation services--513.5 FTE positions.. 73,641,400
Workforce programs administration--61.0 FTE positions.. 13,176,000
GROSS APPROPRIATION.................................... $ 142,771,400
Appropriated from:
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....................... 56,890,000
DED-OSERS, state grants for technical related
assistance........................................... 59,200
DOL-ETA, workforce investment act...................... 7,890,000
DOL, federal funds..................................... 49,477,500
HHS, temporary assistance for needy families........... 3,337,600
HHS-SSA, supplemental security income.................. 3,770,800
Special revenue funds:
Local revenue.......................................... 4,405,300
Local vocational rehabilitation match.................. 2,684,500
Private - gifts, bequests, and donations............... 816,000
Contingent fund, penalty and interest account.......... 1,853,100
Rehabilitation services fees........................... 1,350,300
Second injury fund..................................... 51,500
State general fund/general purpose..................... $ 8,408,900
Sec. 112. CAREER EDUCATION PROGRAMS
Full-time equated classified positions........... 30.0
Postsecondary education--14.0 FTE positions............ $ 3,038,300
Adult education--16.0 FTE positions.................... 2,570,700
GROSS APPROPRIATION.................................... $ 5,609,000
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,942,200
Special revenue funds:
Defaulted loan collection fees......................... 100,000
Private occupational school license fees............... 662,000
State general fund/general purpose..................... $ 904,800
Sec. 113. DEPARTMENT GRANTS
Adult basic education.................................. $ 20,000,000
Carl D. Perkins grants................................. 19,000,000
Gear-up program grants................................. 3,000,000
Workforce training programs subgrantees................ 296,153,600
Personal assistance services........................... 459,500
Vocational rehabilitation customer support............. 57,986,700
Independent living..................................... 4,908,600
Welfare-to-work programs............................... 96,923,800
Fire protection grants................................. 10,910,500
Low-income energy efficiency assistance................ 95,000,000
Liquor law enforcement grants.......................... 6,600,000
Remonumentation grants................................. 5,300,000
Private grant programs................................. 3,000,000
Michigan nursing corps................................. 500,000
Subregional libraries state aid........................ 451,800
GROSS APPROPRIATION.................................... $ 620,194,500
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....................... 37,056,700
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...................... 225,227,700
DOL, federal funds..................................... 81,425,900
HHS-SSA, supplemental security income.................. 5,868,400
HHS, temporary assistance for needy families........... 64,699,000
Special revenue funds:
Local vocational rehabilitation facilities match....... 1,278,300
Local vocational rehabilitation match.................. 7,000,000
Private - gifts, bequests, and donations............... 400,000
Private revenue........................................ 3,000,000
Contingent fund, penalty and interest account.......... 1,000,000
Low-income energy efficiency fund...................... 95,000,000
Fire protection fund................................... 8,500,000
Liquor purchase revolving fund......................... 2,410,500
Liquor license revenue................................. 6,600,000
Survey and remonumentation fund........................ 5,300,000
State general fund/general purpose..................... $ 19,923,200
Sec. 114. BOARDS, AUTHORITIES, AND COMMISSIONS
Full-time equated classified positions.......... 170.0
MES board of review program--18.0 FTE positions........ $ 2,378,700
Hispanic/Latino commission--2.0 FTE positions.......... 267,300
Commission on disability concerns--7.0 FTE positions... 1,190,500
Commission for the blind--107.0 FTE positions.......... 26,819,700
Utility consumer representation........................ 950,000
Youth low vision program............................... 241,800
Tax tribunal operations--15.0 FTE positions............ 2,867,900
Employment and labor relations--21.0 FTE positions..... 3,591,800
GROSS APPROPRIATION.................................... $ 38,307,700
Appropriated from:
Federal revenues:
Federal revenues....................................... 21,008,100
EEOC, federal funds.................................... 10,000
DOL-ETA, unemployment insurance........................ 2,378,700
Special revenue funds:
Private revenues....................................... 129,000
Local revenues......................................... 521,000
Division on deafness fund.............................. 93,400
Securities fees........................................ 3,581,800
State restricted revenues.............................. 545,200
Tax tribunal fund...................................... 2,867,900
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 6,222,600
Sec. 115. CAPITAL OUTLAY
Kalamazoo training center renovations.................. $ 770,000
GROSS APPROPRIATION.................................... $ 770,000
Appropriated from:
Special revenue funds:
Private revenues....................................... 770,000
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 2010-2011 is $397,534,000.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2010-2011 is $39,850,100.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH
Fire protection grants................................. $ 10,910,500
Liquor law enforcement................................. 6,600,000
Remonumentation grants................................. 5,300,000
Firefighters training council.......................... 1,363,000
Welfare-to-work programs............................... 15,224,800
Subregional state aid.................................. 451,800
Total department of energy, labor, and economic
growth............................................... $ 39,850,100
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "DAG" means the United States department of agriculture.
(b) "DED" means the United States department of education.
(c) "DED-OESE" means the DED office of elementary and
secondary education.
(d) "DED-OPSE" means the DED office of postsecondary
education.
(e) "DED-OSERS" means the DED office of special education
rehabilitation services.
(f) "DED-OVAE" means the DED office of vocational and adult
education.
(g) "Department" means the department of energy, labor, and
economic growth.
(h) "Director" means the director of the department of energy,
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) "DOT" means the United States department of
transportation.
(n) "DOT-RSPA" means the DOT research and special programs
administration.
(o) "EEOC" means equal employment opportunity commission.
(p) "FEMA" means federal emergency management agency.
(q) "Fire safety standard and enforcement fund" means fire
safety standard and firefighter protection act enforcement fund
created in section 9 of the fire safety standard and firefighter
protection act, 2009 PA 56, MCL 29.499.
(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) "MARVIN" means Michigan's automated response voice
interactive network.
(y) "MBLSLA" means mortgage brokers, lenders, and servicers
licensing act.
(z) "MES" means Michigan employment security.
(aa) "METRO" means metropolitan extension telecommunications
rights-of-way oversight.
(bb) "MIOSHA" means Michigan occupational safety and health
administration.
(cc) "SOAHR" means the state office of administrative hearings
and rules.
(dd) "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 civil service commission 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. 208. The department shall use the Internet to fulfill the
reporting requirements of this act. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on 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 shall 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 shall 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 businesses in deprived and depressed communities
compete for and perform contracts to provide services or supplies,
or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 211. The department shall establish and maintain
affirmative action programs based on the guidelines developed by
the state equal opportunity and diversity council which was created
by Executive Order No. 2008-22 in order to receive general
fund/general purpose dollars in compliance with section 26 of
article I of the state constitution of 1963.
Sec. 213. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget 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 technology,
management, and budget.
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) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, 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. 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. Within
14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
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. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $45,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $31,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $8,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $600,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 225. (1) Within 10 days after the receipt of a grant
appropriated in the private grant funded projects line item in part
1, the department shall notify the house and senate chairpersons of
the subcommittees, the fiscal agencies, and the state budget
director of the receipt of the grant, including the funding source,
purpose, and amount of the grant.
(2) The department shall report to the house and senate
chairpersons of the subcommittees, the fiscal agencies, and the
state budget director by January 15 on the amount and uses of the
federal energy program grants appropriated in part 1 in the line
item for the bureau of energy systems.
Sec. 226. Not later than October 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, and the fiscal
agencies.
Sec. 227. 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. In
addition to the funds appropriated in part 1, these 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 (2002),
2008 PA 551, MCL 451.2101 to 451.2703.
(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. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 231. (1) On a quarterly basis, the department shall
report on the number of FTEs in pay status by civil service
classification to the senate and house appropriations subcommittees
on economic development and the senate and house fiscal agencies.
(2) From the funds appropriated in part 1, the department
shall develop, post, and maintain on a user-friendly and publicly
accessible Internet website all expenditures made by the department
within a fiscal year. The posting must include the purpose for
which each expenditure is made. Funds appropriated in part 1 from
the federal American recovery and reinvestment act shall also be
included on a publicly accessible website maintained by the
Michigan economic recovery office. The department shall not provide
financial information on its website under this section if doing so
would violate a federal or state law, rule, regulation, or
guideline that establishes private or security standards applicable
to that section.
(3) The department shall not expend more than $10,000.00 from
the appropriations in part 1 to implement the requirements of this
section.
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. 301a. (1) Cities, villages, and townships receiving fire
protection grant funds in accordance with 1977 PA 289, MCL 141.951
to 141.956, shall submit a report to the department detailing the
expenditures made by the local unit from fire protection grant
funds, the fire-related activities of the local unit's police and
fire departments on state property, and the costs of such
activities. The local unit shall provide a report no later than
January 1, covering the state fiscal years ending September 30,
2010.
(2) The department shall provide a standard template for use
by local units of government when submitting a report to the
department.
(3) The department shall prepare a summary of the local
submissions and provide it to the house and senate chairpersons of
the subcommittees, the fiscal agencies, and the state budget
director by March 31.
Sec. 302. Money appropriated under this act for the bureau of
fire services shall not be expended unless, in accordance with
section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c,
inspection and plan review fees will be charged according to the
following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 302a. In addition to the funds appropriated in part 1,
the funds credited to the cigarette fire safety standard and
firefighter protection act fund created in section 13 of the fire
safety standard and firefighter protection act, 2009 PA 56, MCL
29.503, shall be appropriated to be expended for the purposes
provided for in the fire safety standard and firefighter protection
act, 2009 PA 56, MCL 29.491 to 29.513. These funds are appropriated
for expenditure when they are received.
Sec. 303. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in 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.
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.
Sec. 320. If the revenue collected by the department from
licensing and regulation fees collected by the bureau of commercial
services exceeds the amount expended from appropriations 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. 321. The department may resume printing the real estate
law and rules book (red book). The red book shall include, but is
not limited to, real estate laws and regulations and related
statutes. The red book will be provided at no charge to actively
licensed real estate brokers, associate brokers, and salespersons.
Any other party seeking a copy of the red book may purchase the
book from the bureau of commercial services at the bureau's cost to
produce the book or may print the bureau's Internet version of the
red book at no cost.
Sec. 323. Of the funds appropriated in part 1 for the
department, up to $200,000.00 may be used for administration and
enforcement of unarmed combat regulation in Michigan.
Sec. 330. Funds earned or authorized by the United States
department of labor in excess of the gross appropriation in part 1
for the unemployment insurance agency and the employment service
agency from the United States department of labor are appropriated
and may be expended for staffing and related expenses incurred in
the operation of its programs. These funds may be spent after the
department notifies the state budget director and the subcommittees
of the purpose and amount of each grant award.
Sec. 332. Not later than April 11, 2011, the department shall
have a contract in place to modernize, improve, and integrate the
unemployment insurance agency computer system.
Sec. 333. The department shall report quarterly to the members
of the house and senate committees on appropriations, the fiscal
agencies, and the state budget director on the percentage of
unemployment claimants that meet the certification requirements for
receiving benefits by using the Internet MARVIN system. The
department shall implement improvements to the Internet MARVIN
system that promote greater ease of access and security with a goal
of reaching 50% of users certifying by using the Internet MARVIN
system.
Sec. 340. MIOSHA shall provide an annual report by February 1
of each year to the state budget director, the fiscal agencies, and
the subcommittees on the number of individuals killed and the
number of individuals injured on the job within industries
regulated by the bureau during the most recent year for which data
are available.
Sec. 341. (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 and September 1 of each year, the department
shall provide a report to the fiscal agencies and 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.
(3) The directions in this section are given in accordance
with OAG, 2009, No. 7,225 (February 27, 2009).
Sec. 342. From the funds appropriated in part 1 for Michigan
occupational safety and health consultation education and training
(CET) grants, not less than $80,000.00 shall be allocated to
nonprofit organizations representing the aggregate industry in
Michigan.
Sec. 350. In addition to the funds appropriated in part 1,
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. 361. (1) 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.
(2) The public service commission shall report by November 1
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.
(3) The funds collected from public utilities for low-income
energy efficiency fund grants as provided under orders issued by
the public service commission pursuant to 1939 PA 3, MCL 460.1 to
460.11, that are unexpended at the end of the fiscal year may carry
forward to the subsequent fiscal year.
Sec. 368. No later than March 1, the department shall submit a
report to the state budget office, the fiscal agencies, and the
subcommittees, providing expenditure and revenue data and
statistical data on licensing and regulatory activities of the
bureau of commercial services and the bureau of construction codes
during the previous fiscal year. To the extent possible, the data
required shall be reported for each individual occupation, trade,
or industry regulated.
Sec. 370. (1) Local units of government receiving liquor law
enforcement grant funds in accordance with section 543 of the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1543,
shall submit a report to the liquor control commission detailing
the expenditures made by the local unit in enforcing the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303,
and rules promulgated under that act. Local units shall also
provide a report to the liquor control commission listing, for the
local unit's most recently completed fiscal year, each liquor-
related fee imposed by the local unit and the amount of revenue
generated by each fee. Both reports required by this section shall
be due to the liquor control commission not later than February 15.
(2) The liquor control commission shall provide a standard
template for use by the local units of government when submitting a
report to the commission.
(3) The liquor control commission shall provide a summary of
the local reports to the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
by March 31.
Sec. 371. (1) From the funds appropriated in part 1 for liquor
licensing and enforcement, the liquor control commission shall
coordinate its investigation and enforcement activities concerning
the illegal sale, delivery, and importation of spirits with the
investigation and enforcement activities of the department of state
police concerning tobacco taxes and other illegal cash
transactions.
(2) The commission shall provide an annual report to the
subcommittees, the fiscal agencies, and the state budget office
summarizing its investigation and enforcement activities concerning
the illegal sale, delivery, and importation of spirits. As the
commission considers appropriate, the report may include
information concerning the number and value of products seized, the
number of arrests, the amount of penalties imposed, and the amount
of additional taxes imposed and collected.
OFFICE OF FINANCIAL AND INSURANCE REGULATION
Sec. 401. In addition to the funds appropriated in part 1, the
funds collected by the office of financial and insurance regulation
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. 402. In addition to the funds appropriated in part 1, 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. These funds are
appropriated 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. 403. (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.
MICHIGAN REHABILITATION SERVICES AND MICHIGAN COMMISSION FOR THE
BLIND
Sec. 601. 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. 602. 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.
Sec. 603. The local match requirements for vocational
rehabilitation facilities establishment grants shall not exceed
21.3% for the fiscal year ending September 30.
Sec. 604. All funds appropriated in part 1 for independent
living shall be used for the support of centers for independent
living in compliance with federal rules and regulations for such
centers, by existing centers in serving underserved areas, 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
department. Funds must be used in a manner consistent with the
state plan for independent living.
Sec. 610. (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. 611. The Michigan commission for the blind shall work
collaboratively with service organizations and government entities
to identify qualified match dollars to maximize use of available
federal funds.
Sec. 612. 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. 613. (1) The funds appropriated in part 1 for a regional
or subregional library shall not be released until a budget for
that regional or subregional library has been approved by the
department for expenditures for library services directly serving
the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated
in part 1, a regional or subregional library's fiscal agency shall
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 regional or subregional
library's fiscal agency, that reduction shall not be interpreted as
a reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1. If a
reduction in income affects a library cooperative or district
library that is a regional or subregional library's fiscal agency
or a reduction in expenditures for the regional or subregional
library's fiscal agency, a reduction in expenditures for the
regional or subregional library shall not be interpreted as a
reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1.
Sec. 615. The department may provide and enter into agreements
to provide general services, training, meetings, information,
special equipment, software, 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. The department
may charge fees for these services that are reasonably related to
the cost of providing the services. In addition to the funds
appropriated in part 1, funds collected by the department for these
services are appropriated for all expenses necessary. The funds
appropriated under this section are allotted for expenditure when
they are received by the department of treasury.
CAREER EDUCATION
Sec. 701. From the appropriations in part 1, 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.
Sec. 704. (1) The department shall collaborate with the state
board of education, the department of human services, and the
department of community health, 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. 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, 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. 710a. From the funds appropriated in part 1 for workforce
programs subgrantees, the department may allocate funding for
grants to nonprofit organizations that offer programs to WIA-
eligible youth focusing on entrepreneurship, work-readiness skills,
job shadowing, and financial literacy. Organizations eligible for
funding under this section must have the capacity to provide
similar programs in urban areas, as determined by the United States
bureau of the census according to the most recent federal decennial
census. Additionally, programs eligible for funding under this
section must include the participation of local business partners.
The department shall develop other appropriate eligibility
requirements to ensure compliance with applicable federal rules and
regulations.
Sec. 719. From the funds appropriated in part 1, the
department may allocate no more than $100,000.00 for the Michigan
talent bank for a customized career center. The career center will
be used to enhance the Michigan talent bank for job seekers and job
providers and to increase the opportunities for job seekers in
gaining employment. The career center shall use real-time data for
job opportunities and shall use technology that will also provide
users with job opportunities that match a job seeker's resume. The
center shall be serviced by a Michigan-based customer service
center and shall also contain a mobile component to allow for job
searches on personal digital assistance or smart phone devices.
Sec. 733. The department shall publish the "activities
classification structure data book" for Michigan community colleges
on or before March 1.
Sec. 734. The department shall compile the information
received from community colleges on North American Indian tuition
waivers granted pursuant to 1976 PA 174, MCL 390.1251 to 390.1253,
and shall submit this compilation to the house and senate
appropriations subcommittees on community colleges, the fiscal
agencies, and the state budget director by February 15.
Sec. 735. The department shall compile the information
received from community colleges on the number and types of
associate degrees and other certificates awarded during the
previous fiscal year and shall submit this compilation to the house
and senate appropriations subcommittees on community colleges, the
fiscal agencies, and the state budget director by January 7.
WORKFORCE DEVELOPMENT
Sec. 801. The department shall administer the jobs, education,
and training program in accordance with the requirements of section
407(d) of title IV of the social security act, 42 USC 607, the
state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and
all other applicable laws and regulations.
Sec. 802. (1) Using all relevant state data sources, the
department shall conduct a 3-year longitudinal study of all former
work first and jobs, education, and training 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 range of wages earned by those employed.
(d) The number and percentage receiving health care benefits
from their employer.
(e) The type of jobs obtained by former participants in
general categories.
(f) 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.
(g) The number and percentage continuing to receive any type
of public assistance.
(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. 810. 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, parents of public school pupils, and, at the board's
discretion, representatives of organizations that provide school-
based curriculum and youth programs focusing on entrepreneurship,
work-readiness skills, and financial literacy.
Sec. 811. (1) The department shall make available, in person
or by telephone, 1 disabled veterans outreach program specialist or
local veterans employment representative to Michigan works! service
centers, as resources permit, during hours of operation.
(2) The department shall ensure that each Michigan works!
service center shall have the necessary equipment to allow the
disabled veterans outreach specialist or local veterans employment
representative to perform his or her duties.
(3) The department shall require each Michigan works! service
center to have an employee available to ask each individual who
requires intensive services beyond core services, as defined by
section 134 of the workforce investment act of 1998, 29 USC 2864,
whether that individual is a veteran. The employee shall refer any
veteran needing or requesting veterans services to the disabled
veterans outreach program specialist or local veterans employment
representative assigned to the center.
(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. 812. (1) In addition to the funds appropriated in part 1,
any unencumbered and unrestricted federal workforce investment act
or trade adjustment assistance funds available from prior fiscal
years are appropriated for the purposes originally intended.
(2) The department shall report by January 15 to the
subcommittees, the fiscal agencies, and the state budget office on
the amount by fiscal year of federal workforce investment act funds
appropriated under this section.
Sec. 813. Of the funds appropriated in part 1 for workforce
training program subgrantees, up to $200,000.00 shall be allocated
for grants to 2 work force development programs, meeting the
following criteria:
(a) Up to $100,000.00 shall be allocated to 1 nonprofit
organization to expand an existing innovative, employer-led,
public/private workforce development program. Grant funds may be
used for program operating expenses such as staffing, rent,
equipment, and other expenses. To be eligible for funding under
this subdivision, a program must meet the following criteria:
(i) Provide program participants with early intervention
services that promote employment stabilization and alleviate
barriers to job attainment, retention, or advancement, including
assistance with transportation, language barriers, childcare,
housing, and facilitating access to services available through
public agencies and community-based organizations.
(ii) Provide program participants with training in basic job
skills, basic life skills, and career exploration.
(iii) Provide program participants with opportunities for
advancement within the network of partnering employers by
facilitating incumbent worker training programs.
(iv) Demonstrate a quantifiable return on investment for
participating employers, as evidenced by costs savings achieved
through pooled training/workforce development activities, and
increases in employee retention, attendance, satisfaction, and
productivity.
(v) Have a regional impact across more than 3 counties.
(b) Up to $100,000.00 shall be allocated to 1 nonprofit
organization to expand an existing workforce development program
operated collaboratively with local businesses and educational
institutions to link unemployed and dislocated workers with new
market industries and to spur the development of small businesses.
To be eligible for funding under this subdivision, a program must
meet the following criteria:
(i) Provide low-wage, unemployed, and dislocated workers
assistance in developing career pathways that provide education and
career options for program participants to meet the workforce needs
of new markets and in-demand occupations.
(ii) Provide educational programs and seminars that provide an
introduction to the values and basic entrepreneurial skills
necessary to successfully start a new business.
(iii) Provide programs that provide business incubation and
support services, including entrepreneurial education and access to
capital.
(iv) Provide program participants with job placement
assistance, including on-the-job training, apprenticeships, and
internships.
Sec. 815. Local Michigan works! agencies may utilize a portion
of the funds received under part 1 for services provided by local
libraries that serve as access points, service centers, or local
partners serving high-demand service areas or underserved areas.
Sec. 816. From the funds appropriated in part 1 in the line
item for workforce training programs subgrantees, not less than
$5,860,200.00 of federal funds shall be allocated to Focus: HOPE.
Sec. 817. It is the intent of the legislature that a portion
of the workforce investment act, statewide activities funds be
allocated to support coordinated efforts between local Michigan
works! agencies and police and sheriff departments to create
programs that offer gang diversion activities and support services
to at-risk youth in Wyoming, Benton Harbor, Saginaw, Mt. Morris
Charter Township, and Detroit.
Sec. 818. From the funds appropriated in part 1 for workforce
training program subgrantees, $150,000.00 may be allocated for not
more than 1 grant for a job training and job preparation program
that meets the following criteria:
(a) Involves prospective employers as community partners.
(b) Retrains displaced workers for health care industry jobs
including pharmacy technician and medical coding in programs that
require participants to complete at least 90 hours of field
experience.
(c) Provides training at either no cost to participants or at
a cost to participants of not more than 25% of the per student cost
of offering the training program.
(d) Demonstrates a placement rate of 80% or more.
Sec. 821. (1) From the appropriation in part 1 for the
Michigan nursing corps, grants shall be awarded to Michigan
institutions of higher education consisting of public 4-year
institutions, public 2-year institutions, independent colleges and
universities, and tribally controlled community colleges with
existing, accredited nursing baccalaureate or postgraduate
education programs. The purpose of the grants is to prepare
registered nurses and increase the number of nursing faculty. The
department may also award grants on a cash or in-kind matching
basis to licensed hospitals that agree to provide nurse educators
and related clinical training to additional student nurses in
partnership with institutions of higher education described in this
subsection. Awards shall be made in a manner and form as determined
by the department, in collaboration with the department of
community health.
(2) One or more grants may be awarded to educational
institutions for preparation of additional nurse faculty in
programs that meet 1 or more of the following:
(a) Preparation of master's-degreed nursing faculty in a
nationally accredited, accelerated program. Grants for this program
may include program tuition, a stipend for student living expenses,
and other education-related costs.
(b) Preparation of doctoral-degreed nursing faculty in an
accelerated program within an existing, accredited doctor of
philosophy in nursing program or doctorate of nursing practice
program. Participants must be currently enrolled doctoral students
who will be able to complete their doctoral degree program within 2
years. Grants for this program may include program tuition, a
stipend for student living expenses, and other education-related
costs.
(c) Preparation of clinical instructors for nursing education
programs. The program shall include classroom instruction plus a
practicum with students and patients. This program shall require
collaborative agreements between nursing education programs and
hospitals. It is expected that each graduate will provide clinical
instruction for at least 1 cohort of nursing students per year.
(3) A program receiving a grant under subsection (2) shall
provide that eligible participating students under subsection (2)
are registered nurses willing to participate full-time in
accredited programs and become employed in Michigan as nursing
faculty or clinical instructors for a minimum number of years, as
determined by the department of community health, upon completion
of the program. The department of community health shall establish
procedures for recovery of funds from students who do not remain
employed in Michigan for the prescribed time period.
(4) One or more grants may be awarded for preparation of
registered nurses in accredited, accelerated bachelor's in nursing
programs. These programs shall be targeted toward Michigan workers
who have been displaced from employment and who possess a
bachelor's degree in a science-related area. Grants for this
program may include program tuition, a stipend for student living
expenses, and other education-related costs.
(5) One or more grants may be awarded to health care research,
training, or development agencies for the purpose of development,
implementation, or training related to educational technologies,
including simulation or other virtual educational methods for the
purpose of building capacity to educate a continuous supply of
nurses for Michigan's workforce.
(6) Program management, data management, and evaluation for
these projects shall be the responsibility of the department of
community health, in collaboration with the department.
(7) The department and the department of community health
shall work to increase the amount of federal funds for nurse
education available to the state, eligible grantees described in
subsection (1), and nursing students.
(8) The funds appropriated in part 1 for the Michigan nursing
corps are designated as work project appropriations and shall not
lapse at the end of the fiscal year. Any unencumbered and
unexpended funds shall continue to be available for the expenditure
of grants until the project has been completed. The total cost of
the work project is estimated at $500,000.00 and the tentative
completion date is September 30, 2012. These funds shall be used in
accordance with the requirements of the workforce investment act of
1998, Public Law 105-220.
Sec. 830. (1) Of the funds appropriated in part 1 for the
workforce training programs subgrantees, the department shall
provide a report by December 15 to the house and senate chairs of
the subcommittees, the state budget director, and the fiscal
agencies on the status of the no-worker-left-behind program. The
report shall include the following:
(a) The amount of funding allocated to each Michigan works!
agency and the total funding allocated to the no-worker-left-behind
program statewide by fund source.
(b) The number of participants enrolled in the program by each
Michigan works! agency.
(c) The average duration of training for program participants
by each Michigan works! agency.
(d) The number of participants enrolled in remedial education
programs and the number of participants enrolled in literacy
programs.
(e) The number of participants enrolled in programs at 2-year
institutions.
(f) The number of participants enrolled in 4-year
institutions.
(g) The number of participants enrolled in proprietary schools
or other technical training programs.
(h) The number of participants that have completed education
or training programs.
(i) The number of participants who secured employment in
Michigan within 1 year of completing a no-worker-left-behind
training program.
(j) The number of participants who completed a no-worker-left-
behind training program and secured employment in a field related
to their training.
(k) The average wage earned by participants who completed a
no-worker-left-behind training program and secured employment
within 1 year.
(2) Data collection for the report shall be for the period
October 1, 2010 through September 30, 2011.
Sec. 832. 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.
CAPITAL OUTLAY
Sec. 901. (1) The director shall allocate lump-sum
appropriations made in this act consistent with statutory
provisions and the purposes for which funds were appropriated.
Lump-sum allocations shall address priority program or facility
needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major
special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 902. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.