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