Act No. 251

Public Acts of 2008

Approved by the Governor*

July 17, 2008

Filed with the Secretary of State

July 18, 2008

EFFECTIVE DATE: July 18, 2008

*Item Vetoes

Sec. 442. (1)(a)

Entire Subdivision. (Page 20)

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2008

Introduced by Rep. Hammel

ENROLLED HOUSE BILL No. 5809

AN ACT to make appropriations for the department of labor and economic growth and certain other state purposes for the fiscal year ending September 30, 2009; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The People of the State of Michigan enact:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. The amounts listed in this part are appropriated for the department of labor and economic growth, subject to the conditions set forth in this act, for the fiscal year ending September 30, 2009, from the funds identified in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 58.5

Full-time equated classified positions 4,300.0

GROSS APPROPRIATION $ 1,387,394,800

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 30,774,200

ADJUSTED GROSS APPROPRIATION $ 1,356,620,600

Federal revenues:

Total federal revenues 874,942,400

Special revenue funds:

Total local revenues 15,889,200

Total private revenues 5,314,300

Total other state restricted revenues 386,914,000

State general fund/general purpose $ 73,560,700

Sec. 102. DEPARTMENTWIDE ADMINISTRATION

Full-time equated unclassified positions 58.5

Full-time equated classified positions 152.0

Unclassified salaries $ 5,349,400

Executive director programs--48.0 FTE positions 5,673,200

Regulatory efficiency improvements/backlog reduction initiative 475,600

Property management 11,302,900

Rent 17,015,600

Worker's compensation 1,227,000

Special project advances 940,000

Administrative services--104.0 FTE positions 10,744,500

Internal audit services 560,100


GROSS APPROPRIATION $ 53,288,300

Appropriated from:

Interdepartmental grant revenues:

IDG from department of community health 300,000

Federal revenues:

DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 4,652,400

DOL-ETA, unemployment insurance 12,582,300

DOL-ETA, workforce investment act 819,800

DOL, federal funds 1,998,700

DOL, multiple grants for safety and health 773,000

Federal revenues 579,300

HHS, titles XVIII and XIX 43,500

HHS, temporary assistance for needy families 334,400

Special revenue funds:

Local revenues 131,300

Private - special project advances 940,000

Bank fees 405,400

Boiler fees 254,000

Construction code fund 1,056,500

Consumer finance fees 121,800

Contingent fund, penalty and interest account 858,100

Corporation fees 4,964,400

Credit union fees 282,900

Deferred presentment service transaction fees 3,000

Elevator fees 268,600

Fees and collections/asbestos 104,200

Fire service fees 798,600

Insurance continuing education fees 28,900

Insurance licensing and regulation fees 1,631,600

Insurance bureau fund 860,000

Licensing and regulation fees 792,300

Liquor license revenue 100,000

Liquor purchase revolving fund 5,119,300

MBLSLA fund 121,900

Mobile home code fund 261,700

Michigan state housing development authority fees and charges 3,991,200

Motor carrier fees 210,600

Private occupational school license fees 14,000

Public utility assessments 2,209,800

Safety education and training fund 703,700

Second injury fund 259,000

Securities fees 2,926,100

Self-insurers security fund 87,300

Silicosis and dust disease fund 111,300

Tax tribunal fees 184,600

State general fund/general purpose $ 1,402,800

Sec. 103. OFFICE OF FINANCIAL AND INSURANCE REGULATION

Full-time equated classified positions 348.0

Administration--35.0 FTE positions $ 6,929,200

Financial evaluation--214.0 FTE positions 30,306,500

Regulatory compliance and consumer assistance--99.0 FTE positions 15,434,500


GROSS APPROPRIATION $ 52,670,200

Appropriated from:

Federal revenues:

Federal regulatory project revenue 50,400

Special revenue funds:

Bank fees 7,821,000

Captive insurance regulatory and supervision fund 232,500

Consumer finance fees 4,175,600

Credit union fees 5,746,600

Insurance continuing education fees 961,200

Insurance licensing and regulation fees 4,381,900

Insurance bureau fund 19,261,400

MBLSLA fund 4,724,700

Multiple employer welfare arrangement 72,400

Deferred presentment service transaction fees 2,144,500

Securities fees 3,098,000

State general fund/general purpose $ 0

Sec. 104. PUBLIC SERVICE COMMISSION

Full-time equated classified positions 170.0

Administration, planning and regulation--159.0 FTE positions $ 21,925,300

Energy office--9.0 FTE positions 5,345,100

Children's protection registry administration--2.0 FTE positions 271,400


GROSS APPROPRIATION $ 27,541,800

Appropriated from:

Federal revenues:

DOE-OEERE, multiple grants 4,688,100

DOT-RSPA, gas pipeline safety 430,000

Special revenue funds:

Private - oil overcharge 30,000

Motor carrier fees 1,600,000

Public utility assessments 20,122,300

Children's protection registry fund 271,400

Video franchise assessments 400,000

State general fund/general purpose $ 0

Sec. 105. LIQUOR CONTROL COMMISSION

Full-time equated classified positions 152.0

Management support services--28.0 FTE positions $ 3,420,500

Liquor licensing and enforcement--124.0 FTE positions 12,316,100


GROSS APPROPRIATION $ 15,736,600

Appropriated from:

Special revenue funds:

Direct shipper enhancement revolving fund 120,000

Liquor license revenue 6,373,200

Liquor purchase revolving fund 9,243,400

State general fund/general purpose $ 0

Sec. 106. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY

Full-time equated classified positions 266.0

Payments on behalf of tenants $ 145,000,000

Housing and rental assistance program--266.0 FTE positions 37,350,700

Michigan housing and community development fund 2,163,400


GROSS APPROPRIATION $ 184,514,100

Appropriated from:

Federal revenues:

HUD, lower income housing assistance program $ 145,000,000

Special revenue funds:

Michigan state housing development authority fees and charges 37,350,700

State general fund/general purpose $ 2,163,400

Sec. 107. OCCUPATIONAL REGULATION

Full-time equated classified positions 432.0

Code enforcement--120.0 FTE positions $ 13,192,100

Boiler inspection program--25.0 FTE positions 2,765,900

Fire fighters training council--8.0 FTE positions 1,746,400

Fire marshal program--5.0 FTE positions 453,100

Fire safety program--44.0 FTE positions 4,350,200

Elevator inspection program--30.0 FTE positions 2,941,800

Commercial services--167.0 FTE positions 19,078,700

Local manufactured housing communities inspections 250,000

Manufactured housing and land resources program--22.0 FTE positions 3,201,900

Property development group--11.0 FTE positions 1,576,200


GROSS APPROPRIATION $ 49,556,300

Appropriated from:

Interdepartmental grant revenues:

IDG from department of community health, inspection contract 100,000

IDG from department of state police, homeland security 709,800

Federal revenues:

FEMA 28,000

DOT 60,000

HHS, titles XVIII and XIX 700,000

Special revenue funds:

Accountancy enforcement fund 403,600

Boiler fee revenue 3,172,600

Builder enforcement fund 400,000

Construction code fund 13,076,700

Corporation fees 5,869,700

Elevator fees 3,320,500

Fire alarm fees 99,600

Fire service fees 1,717,100

Homeowner construction lien recovery fund 1,838,200

Land sales fees 40,000

Licensing and regulation fees 10,077,800

Mobile home code fund 2,781,900

Unarmed combat fund 45,200

Property development fees 284,100

Survey and remonumentation fund 712,600

Real estate appraiser continuing education fund 47,000

Real estate education fund 272,100

Real estate enforcement fund 350,000

Security business fund 314,600

State general fund/general purpose $ 3,135,200

Sec. 108. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

Full-time equated classified positions 229.0

Occupational safety and health--229.0 FTE positions $ 26,264,300


GROSS APPROPRIATION $ 26,264,300

Appropriated from:

Federal revenues:

DOL, multiple grants for safety and health 12,227,400

Special revenue funds:

Corporation fees 3,463,700

Fees and collections/asbestos 865,900

Safety education and training fund $ 7,867,200

Securities fees 1,840,100

State general fund/general purpose $ 0

Sec. 109. BUREAU OF WORKER'S AND UNEMPLOYMENT COMPENSATION

Full-time equated classified positions 1,251.0

Administration--96.6 FTE positions $ 9,912,500

Board of magistrates and appellate commission--19.4 FTE positions 3,480,600

Wage and hour division--35.0 FTE positions 3,090,800

Insurance funds administration--28.0 FTE positions 4,600,600

Supplemental benefit fund 820,000

Unemployment programs--1,002.7 FTE positions 103,928,000

Advocacy assistance program 1,500,000

Expanded fraud control program--33.2 FTE positions 3,256,200

Special audit and collections program--34.0 FTE positions 2,853,900

Training program for agency staff--2.1 FTE positions 1,808,100


GROSS APPROPRIATION $ 135,250,700

Appropriated from:

Federal revenues:

DOL-ETA, employment and training administration 679,000

DOL-ETA, unemployment insurance 93,615,000

Federal Reed act funds 4,494,500

Special revenue funds:

Corporation fees 3,197,100

Contingent fund, regular penalty and interest account 14,557,700

Second injury fund 2,476,700

Securities fees 2,408,100

Self-insurers security fund 1,171,000

Silicosis and dust disease fund 952,900

Worker's compensation administrative revolving fund 2,341,000

State general fund/general purpose $ 9,357,700

Sec. 110. STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES

Full-time equated classified positions 170.5

Administrative hearings and rules--170.5 FTE positions $ 23,051,200


GROSS APPROPRIATION $ 23,051,200

Appropriated from:

Interdepartmental grant revenues:

IDG from department of community health 1,719,000

IDG from department of corrections 3,834,900

IDG from department of education 1,123,500

IDG from department of environmental quality 526,600

IDG from department of human services 4,007,800

IDG from department of management and budget 42,400

Federal revenues:

DOL-ETA, unemployment insurance 6,774,400

DOL, multiple grants for safety and health 204,400

Special revenue funds:

Construction code fund 295,400

Corporation fees 378,200

Insurance bureau fund 350,000

Licensing and regulation fees 1,074,000

Liquor purchase revolving fund 120,800

Mobile home code fund 144,600

Public utility assessments 1,283,800

Safety education and training fund 197,300

Securities fees 896,400

Tax tribunal fees 77,700

State general fund/general purpose $ 0

Sec. 111. INFORMATION TECHNOLOGY

Information technology services and projects $ 42,853,200


GROSS APPROPRIATION $ 42,853,200

Appropriated from:

Federal revenues:

DOL-ETA, unemployment insurance 21,140,700

DOL, multiple grants for safety and health 273,700

Federal revenues 5,888,700

HHS, temporary assistance for needy families 176,300

Special revenue funds:

Bank fees 300,300

Boiler fee revenue 329,100

Construction code fund 901,600

Consumer finance fees 142,300

Corporation fees 2,208,000

Credit union fees 208,100

Deferred presentment service transaction fees 5,700

Elevator fees 261,100

Fees and collections/asbestos 11,000

Fire service fees 602,100

Insurance bureau fund 843,300

Insurance continuing education fees 55,500

Land bank fast-track fund 205,700

Licensing and regulation fees 1,013,000

Liquor purchase revolving fund 2,534,600

MBLSLA fund 142,400

Mobile home code fund 74,800

Michigan state housing development authority fees and charges 2,547,500

Motor carrier fees 119,000

Public utility assessments 892,300

Safety education and training fund 504,400

Second injury fund 149,600

Securities fees 1,191,800

Self-insurers security fund 70,300

Silicosis and dust disease fund 60,300

State general fund/general purpose $ 0

Sec. 112. WORKFORCE DEVELOPMENT

Full-time equated classified positions 929.5

Employment services--246.0 FTE positions $ 48,564,700

Labor market information--52.0 FTE positions 6,355,500

Michigan rehabilitation services--513.5 FTE positions 70,535,300

Workforce programs administration--61.0 FTE positions 12,867,500

Jobs, education and training program--57.0 FTE positions 18,410,200


GROSS APPROPRIATION $ 156,733,200

Appropriated from:

Interdepartmental grant revenues:

IDG from department of human services 18,410,200

Federal revenues:

DAG, employment and training 178,700

DED-OPSE, multiple grants 1,222,900

DED-OSERS, centers for independent living 58,200

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

DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 53,405,200

DED-OSERS, state grants for technical related assistance 56,000

DOL-ETA, workforce investment act 7,543,500

DOL, federal funds 48,483,300

DOL-ODEP 225,000

HHS, temporary assistance for needy families 3,321,400

HHS-SSA, supplemental security income 3,764,400

Special revenue funds:

Local revenue $ 4,274,100

Local vocational rehabilitation match 2,684,500

Private - gifts, bequests, and donations 816,000

Contingent fund, penalty and interest account 1,814,200

Rehabilitation services fees 1,349,200

Second injury fund 51,500

Student fees 308,000

Training materials fees 256,400

State general fund/general purpose $ 8,193,600

Sec. 113. CAREER EDUCATION PROGRAMS

Full-time equated classified positions 30.0

Postsecondary education--14.0 FTE positions $ 2,908,000

Adult education--16.0 FTE positions 2,500,200


GROSS APPROPRIATION $ 5,408,200

Appropriated from:

Federal revenues:

Federal revenues 3,805,900

Special revenue funds:

Private occupational school license fees 635,800

Defaulted loan collection fees 100,000

State general fund/general purpose $ 866,500

Sec. 114. DEPARTMENT GRANTS

Adult basic education $ 20,000,000

Carl D. Perkins grants 19,000,000

Focus: HOPE 5,860,200

Gear-up program grants 3,000,000

Workforce training programs subgrantees 250,028,600

Personal assistance services 459,500

Vocational rehabilitation client services/facilities 55,919,000

Vocational rehabilitation independent living 3,579,700

Welfare-to-work programs 107,733,600

Fire protection grants 10,910,500

Low-income energy efficiency assistance 80,000,000

Liquor law enforcement grants 6,600,000

Remonumentation grants 11,000,000

Private grant programs 3,000,000

Michigan nursing corps 5,000,000


GROSS APPROPRIATION $ 582,091,100

Appropriated from:

Federal revenues:

DAG, employment and training 7,000,000

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

DED-OSERS, centers for independent living 450,200

DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 35,797,900

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

DED-OSERS, supported employment 1,541,300

DED-OSERS, state grants for technical related assistance 2,240,800

DED-OVAE, adult education 20,000,000

DED-OVAE, basic grants to states 19,000,000

DOL-ETA, workforce investment act 225,602,700

DOL, federal funds 24,425,900

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

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

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

Corporation fees 500,000

Low-income energy efficiency fund 80,000,000

Fire protection fund 8,500,000

Liquor purchase revolving fund 2,410,500

Liquor license revenue 6,600,000

Survey and remonumentation fund 11,000,000

State general fund/general purpose $ 43,291,400

Sec. 115. BOARDS, AUTHORITIES, AND COMMISSIONS

Full-time equated classified positions 170.0

MES board of review program--18.0 FTE positions $ 2,343,200

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

Land bank fast-track authority--6.0 FTE positions 1,825,000

Commission on Spanish-speaking affairs--2.0 FTE positions 252,700

Commission on disability concerns--7.0 FTE positions 1,138,100

Commission for the blind--96.0 FTE positions 19,684,900

Utility consumer representation 950,000

Youth low-vision program 241,800

Tax tribunal operations--15.0 FTE positions 2,028,300

Employment relations and labor relations--21.0 FTE positions 3,411,100


GROSS APPROPRIATION $ 32,435,600

Appropriated from:

Federal revenues:

Federal revenue 14,882,900

EEOC, federal funds 10,000

DOL-ETA, unemployment insurance 2,343,200

Special revenue funds:

Private revenues 128,300

Local revenues 521,000

Corporation fees 223,100

Land bank fast-track funds 1,825,000

METRO authority fund 560,500

Securities fees 3,704,000

State restricted revenues 635,200

Tax tribunal fees 1,502,300

Utility consumer representation fund 950,000

State general fund/general purpose $ 5,150,100

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS


Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2008-2009 is $460,474,700.00 and state spending from state resources to be paid to local units of government for fiscal year 2008-2009 is $48,655,800.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

Fire protection grants $ 10,910,500

Liquor law enforcement 6,600,000

Local manufactured housing inspections 250,000

Remonumentation grants 11,000,000

Fire fighters training council 1,660,800

Welfare to work 18,234,500


Total department of labor and economic growth $ 48,655,800

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this act:

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

(b) "DED" means the United States department of education.

(c) "DED-OESE" means the DED office of elementary and secondary education.

(d) "DED-OPSE" means the DED office of postsecondary education.

(e) "DED-OSERS" means the DED office of special education rehabilitation services.

(f) "DED-OVAE" means the DED office of vocational and adult education.

(g) "Department" means the department of labor and economic growth.

(h) "Director" means the director of the department of labor and economic growth.

(i) "DOE" means the United States department of energy.

(j) "DOE-OEERE" means the DOE office of energy efficiency and renewable energy.

(k) "DOL" means the United States department of labor.

(l) "DOL-ETA" means the DOL employment and training administration.

(m) "DOL-ODEP" means the DOL office of disability employment policy.

(n) "DOT" means the United States department of transportation.

(o) "DOT-RSPA" means the DOT research and special programs administration.

(p) "EEOC" means equal employment opportunity commission.

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

(r) "Fiscal agencies" means Michigan house fiscal agency and Michigan senate fiscal agency.

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

(t) "HHS" means the United States department of health and human services.

(u) "HHS-SSA" means HHS social security administration.

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

(w) "IDG" means interdepartmental grant.

(x) "MBLSLA" means mortgage brokers, lenders, and servicers licensing act.

(y) "MES" means Michigan employment security.

(z) "METRO" means metropolitan extension telecommunications rights-of-way oversight.

(aa) "MIOSHA" means Michigan occupational safety and health administration.

(bb) "SOAHR" means the state office of administrative hearings and rules.

(cc) "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. 205. (1) A hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department.

(2) The state budget director may grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous quarter and the reasons to justify the exception.

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 workforce planning council which was created by Executive Order No. 1996-13 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 information technology for technology-related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the departments and agencies and the department of information technology.

Sec. 214. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.

Sec. 215. (1) The department shall report no later than April 1, 2009 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the house and senate appropriations subcommittees on the budget for the department, the joint committee on administrative rules, and the senate and house fiscal agencies.

(2) Funds appropriated in part 1 shall not be used by the department to adopt a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240.

(3) As used in this section:

(a) "Rule" means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207.

(b) "Small business" means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a.

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 for the fiscal year ending September 30, 2009 shall be limited to situations in which 1 or more of the following conditions apply:

(a) The travel is required by legal mandate or court order or for law enforcement purposes.

(b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances.

(c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds.

(d) The travel is necessary to comply with federal requirements.

(e) The travel is necessary to secure specialized training for staff that is not available within this state.

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

(2) If out-of-state travel is necessary but does not meet 1 or more of the conditions in subsection (1), the state budget director may grant an exception to allow the travel. Any exceptions granted by the state budget director shall be reported on a monthly basis to the senate and house of representatives standing committees on appropriations.

(3) Not later than January 1 of each year, each department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department's budget. The report shall be submitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall include the following information:

(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.

(b) The destination of each travel occurrence.

(c) The dates of each travel occurrence.

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

(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.

(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.

Sec. 219. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff.

Sec. 220. The department may carry into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended.

Sec. 221. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes.

Sec. 222. The department shall review the determinations of the legislative commission on governmental efficiency for applicability to the operations of the department and the estimated costs and benefits of implementing the recommendations.

Sec. 223. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,500,000.00 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, MCL18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $13,200,000.00 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 $8,180,000.00 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 $550,000.00 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. 224. 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 1person 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.

REGULATORY


Sec. 301. The appropriation in part 1 for fire protection grants from the liquor purchase revolving fund and the fire protection fund shall be appropriated to cities, villages, and townships with state-owned facilities for fire services, instead of taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956.

Sec. 302. The funds collected by the office of financial and insurance 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. 303. The funds collected by the department from corporations being liquidated pursuant to the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.

Sec. 304. The department may make available to interested entities otherwise unavailable customized listings of nonconfidential information in its possession, such as names and addresses of licensees, and charge for this information as follows: base fee for 1 to 1,000 records at the cost to the department; 1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more records at .5 cents per record. The revenue received from this service may be used to offset expenses of programs as appropriated in part 1. The balance of this revenue collected and unexpended at the end of the fiscal year shall revert to the appropriate restricted revenue account or fund or, in absence of such an account or fund, to the general fund. The department shall submit an annual report on or before December 1 of each year to the state budget director and the subcommittees that states the amount of revenue received from the sale of information.

Sec. 306. The Michigan state housing development authority shall annually present a report to the state budget office and the subcommittees on the status of the authority's housing production goals under all financing programs established or administered by the authority. The report shall give special attention to efforts to raise affordable multifamily housing production goals.

Sec. 308. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in the Michigan administrative code and as determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry forward to the subsequent fiscal year. The department shall submit a report on an annual basis to the state budget director and the subcommittees on the amount of funds available under this section.

Sec. 310. Money appropriated under this act for the bureau of fire services shall not be expended unless, in accordance with section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be charged according to the following schedule:

Operation and maintenance inspection fee

Facility typeFacility sizeFee

Hospitals Any $8.00 per bed

Plan review and construction inspection fees for hospitals and schools

Project cost rangeFeeMMMM

$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. 311. For the fiscal year ending September 30, 2009, surplus corporation fees in the amount of $3,000,000.00 are appropriated to the state construction code fund.

Sec. 313. If the revenue collected by the department from licensing and regulation fees collected by the office 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. 314. Funds earned or authorized by the United States department of labor in excess of the gross appropriation in part 1 for the unemployment insurance agency and the employment service agency from the United States department of labor are appropriated and may be expended for staffing and related expenses incurred in the operation of its programs. These funds may be spent after the department notifies the state budget director and the subcommittees of the purpose and amount of each grant award.

Sec. 315. The department shall sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. The funds are available for expenditure when they are received by the department of treasury and may only be used for costs directly related to the continued updating and distribution of the documents pursuant to this section. This section applies only for the following documents:

(a) Corporation and securities division documents, reports, and papers required or permitted by law pursuant to section 1060(5) of the business corporation act, 1972 PA 284, MCL 450.2060.

(b) The subdivision control manual, the state boundary commission operations manual, and other local government assistance manuals.

(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.

(d) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2349; the business corporation act, 1972 PA284, MCL 450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA 265, MCL 451.501 to 451.818.

(e) Labor law books.

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

(g) Construction code manuals.

(h) Copies of transcripts from administrative law hearings.

Sec. 317. The department, MIOSHA, shall provide an annual report by February 1 of each year to the state budget 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. 326. (1) The appropriation in part 1 for the Michigan commission for the blind includes funds for case services. These funds may be used for tuition payments for blind clients.

(2) Revenue collected by the Michigan commission for the blind and from private and local sources that is unexpended at the end of the fiscal year may carry forward to the subsequent fiscal year.

Sec. 335. (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, 2009 to the subcommittees, the state budget office, and the fiscal agencies on the distribution of funds appropriated in part 1 for the low-income/energy efficiency assistance program.

Sec. 336. The department shall provide the subcommittees, fiscal agencies, and state budget director with a report on or before December 1 outlining actual expenditures for the last completed fiscal year for each division within the office of financial and insurance regulation.

Sec. 337. The department shall not expend funds from the appropriations in part 1 for the office of financial and insurance regulation for the purpose of implementing prohibitions on the use of credit scoring in establishing insurance premiums by insurance companies until the legislature has, by statute, authorized such a prohibition.

Sec. 340. The office of financial and insurance regulation shall provide copies of the quarterly and annual financial filings of health maintenance organizations to the fiscal agencies on a timely basis. Reports can be transmitted electronically if available in that format.

Sec. 350. (1) The department shall allocate funds to promote awareness of the right of a policyholder, subscriber, member, enrollee, or other individual participating in a health benefit plan, after the covered person has exhausted the health carrier's internal grievance process provided for by law, to request an external review for an adverse determination.

(2) As used in this section, "covered person" means that term as defined in section 3 of the patient's right to independent review act, 2000 PA 251, MCL 550.1903.

Sec. 352. From the funds appropriated in part 1 for unclassified salaries, the department shall provide funding for 5worker's compensation appellate commissioners and 26 worker's compensation board of magistrates. Expenditures shall be made so that the 2 bodies shall decide worker's compensation cases in a timely manner.

Sec. 355. (1) Of the funds appropriated in part 1, no funds shall be used to support the development of, staffing of, or activities promoting the development of guidelines, rules, standards, protocols, or other similar mandates that are more stringent than federal voluntary ergonomics guidelines. This section does not prohibit any person from adopting, or working with the state to develop, voluntary ergonomics standards.

(2) On March 1, 2009 and September 1, 2009, the department shall provide a report to the fiscal agencies and appropriations subcommittees of any staffing time or activities regarding the development of a voluntary or mandatory, or both, ergonomic standard, whether contained in rules, guidelines, policy directives, or bulletins.

Sec. 356. The Michigan commission for the blind shall work collaboratively with service organizations and government entities to identify qualified match dollars to maximize use of available federal funds.

Sec. 357. 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. 358. The real estate education fund created in section 37 of the state license fee act, 1979 PA 152, MCL 338.2237, and administered by the department shall allow prelicensure and postlicensure education to be delivered through online courses by a community college, university, or private school, after licensure and approval by the department. Expenditures from this fund may also be made to support department grants for educational providers to establish online courses that would be made available to students throughout the year.

Sec. 361. In addition to the amounts appropriated in part 1 for the administration of the land bank fast track authority, the authority may expend revenues received under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act including, but not limited to, the acquisition, lease, management, demolition, maintenance, or rehabilitation of real or personal property, payment of debt service for notes or bonds issued by the authority, and other expenses to clear or quiet title property held by the authority.

Sec. 362. Of the funds appropriated in part 1 for the department, up to $200,000.00 may be used for administration and enforcement of unarmed combat regulation in Michigan.

Sec. 364. The department and MSHDA shall report to the subcommittees, the state budget director, and the fiscal agencies by January 1 on the status of the loans entered into by the Michigan broadband development authority.

Sec. 365. From the funds appropriated in part 1 for Michigan occupational safety and health consultation education and training (CET) grants, not less than $40,000.00 shall be allocated to nonprofit organizations representing the aggregate industry in Michigan.

Sec. 368. Funds collected by the department under sections 55, 57, 58, and 59 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.255, 24.257, 24.258, and 24.259, and section 203 of the legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all expenses necessary to provide for the cost of publication and distribution. The funds appropriated under this section are allotted for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.

Sec. 369. The video franchise assessment fund is created and shall exist in the state treasury and shall receive revenue as provided in the uniform video services local franchise act, 2006 PA 480, MCL 484.3301 to 484.3314. All interest and earnings of the fund may be retained by the fund per the direction of the state treasurer. Money in the fund at the close of the fiscal year may carry forward to the new fiscal year and be used as the first source of funds in the subsequent fiscal year.

Sec. 370. MSHDA shall provide a report to the subcommittees, the fiscal agencies, and the state budget director by June 1 on the cities of promise blight elimination program. The report shall include:

(a) The amount awarded to each designated city.

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

(c) The amount of private or local funds that were used as match for these projects.

Sec. 377. (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. 378. It is the intent of the legislature that the SOAHR work with the center for civil justice to implement, not later than March 31, 2009, a system of public access to Medicaid, cash, emergency, and food assistance decisions and orders via the Internet.

Sec. 379. The department shall report by October 31, 2009, regarding the teacher tenure cases considered by the SOAHR. The department shall report the number of cases that have been filed and are waiting final disposition as of September 30, 2008 and September 30, 2009.

WORKFORCE AND CAREER DEVELOPMENT


Sec. 401. The Michigan career and technical institute may receive equipment and in-kind contributions for the direct support of staff services through the Pine Lake fund, the Delton-Kellogg school district or other local or intermediate school district, or any combination of local or intermediate school districts in addition to those authorized in part 1.

Sec. 402. The Michigan rehabilitation service shall make every effort to ensure that all sources of matching funds in this state are used to obtain federal vocational rehabilitation funds. All sources include, but are not limited to, privately raised funds to support public nonprofit rehabilitation centers as permitted by the rehabilitation act of 1973, Public Law93-112.

Sec. 403. The local match requirements for vocational rehabilitation facilities establishment grants shall not exceed 21.3% for the fiscal year ending September 30.

Sec. 404. (1) Of the funds appropriated in part 1 for vocational rehabilitation independent living, all general fund/general purpose revenue not used to match federal funds shall be used for the support of centers for independent living that are in compliance with federal standards for such centers, for technical assistance to centers, by existing sites to assist 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 statewide independent living council, the Michigan rehabilitation services unit within the department, and the Michigan commission for the blind. Funds must be used in a manner consistent with the priorities established in the state plan for independent living. The department is directed to work with the Michigan disability network and the local workforce development boards to identify other competitive sources of funding.

(2) As a condition of receipt of funds appropriated in part 1, the statewide independent living council and the Michigan disability network shall jointly produce a report providing the following information:

(a) Results in terms of enhanced statewide access to independent living services to individuals who do not have access to such services through other existing public agencies, including measures by which these results can be monitored over time. These measures shall include:

(i) Total number of persons assisted by the centers and a comparison to the number assisted in the previous year.

(ii) Number of persons moved out of nursing homes into independent living situations and a comparison to the number assisted in the previous year.

(iii) Number of persons for whom accommodations were provided to enable independent living or access to employment and a comparison to the number assisted in the previous year.

(iv) The total number of disabled individuals served by personal care attendants and the number of personal care attendants provided through the use of any funds appropriated in part 1 administered by a center for independent living and a comparison to the number served in the previous year.

(b) Information from each center for independent living receiving funding through appropriations in part 1 detailing their total budget for their most recently completed fiscal year as well as the amount within that budget funded through the vocational rehabilitation independent living grant program referenced in part 1, the total amount funded through other state agencies, the amount funded through federal sources, and the amount funded through local and private sources.

(c) Savings to state taxpayers in other specific areas that can be shown to be the direct result of activities funded from the vocational rehabilitation independent living grant program during the most recently completed state fiscal year.

(3) The report required in subsection (2) shall be submitted to the subcommittees, the fiscal agencies, and the state budget director on or before January 30.

Sec. 405. The department shall administer the work first program in accordance with the requirements of the social security act, title IV, section 407(d), the state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other applicable laws and regulations.

Sec. 406. (1) Using all relevant state data sources, the department shall conduct a 3-year longitudinal study of all former work first participants, whose department of human services program cases closed due to earnings during fiscal year 1999 and in succeeding fiscal years. The data will include the following:

(a) The number and percentage employed.

(b) The average hourly wage of those employed.

(c) The current hourly wage of those employed.

(d) The range of wages earned by those employed.

(e) The number of individuals that earned each wage amount.

(f) The number and percentage receiving health care benefits from their employer.

(g) The number and percentage receiving tuition reimbursement from their employer.

(h) The number and percentage receiving training benefits from their employer.

(i) The type of jobs obtained by former participants in general categories.

(j) The length of time former participants have retained their jobs, or if participants have had more than 1 job, the length of time employed at each job.

(k) The number and percentage continuing to receive any type of public assistance.

(l) If the former recipient has children, whether the children are enrolled in and attending school.

(m) The extent to which the former participant feels that he or she and his or her family are better off now than when he or she was on cash assistance with regard to household income, housing, food and nutritional needs, child health care, and access to health insurance coverage.

(2) The department shall notify the subcommittees, fiscal agencies, and state budget director electronically by March15 of the location of the Internet site where the report containing the identified data is located.

(3) The department shall cooperate with the department of human services in formulating and acquiring the identified data.

(4) The department may retain a third party to conduct the studies to obtain the data identified under this section.

Sec. 407. State and federal funds allocated to local workforce development boards for disbursement shall not be expended unless the local workforce development boards maintain a partnership with governmental agencies, public school districts, and public colleges located within the local service delivery area. Each board shall appoint an education advisory group made up of high-level administrators within local educational institutions, workforce development board members, other employers, labor, academic educators, 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. 409. 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.

Sec. 410. (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. 415. Of the amounts appropriated in part 1 for postsecondary education, private occupational school license fees shall fund related administrative costs of the proprietary schools oversight unit within the department.

Sec. 417. The department is appropriated an amount not to exceed $100,000.00 from collection of defaulted loans under the future faculty program in the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks programs to offset costs of administering the loan collections.

Sec. 418. From the funds appropriated in part 1 for postsecondary education, the department shall compile data from each university that receives funding for the future faculty program within the King-Chavez-Parks initiative on employment outcomes for program participants. The report shall be distributed to the house and senate appropriations committees, the fiscal agencies, and the state budget director by February 1 of each year. The report shall include data from each participating university covering the most recently completed fiscal year. The data shall include all of the following:

(a) The number of participants receiving support under the program.

(b) The number of participants obtaining full-time employment.

(c) The number of participants obtaining full-time employment in college faculty positions.

(d) The number of participants obtaining full-time employment in college faculty positions within the university through which they received future faculty program support for graduate studies.

Sec. 421. The King-Chavez-Parks initiative shall be marketed by the department to Michigan parents and high school and college students, to promote the benefits and the availability of the college day, select student support services, college/university partnership, visiting professors, Morris Hood, Jr. educator development, and future faculty programs. The department shall provide electronic notification of the location of the report on the Internet to the subcommittees by December 30 of each year, identifying all efforts taken to market these programs, including, but not limited to, the amount of funding allocated for this purpose, the fund source, and any expenditures or encumbrances relating to this marketing effort.

Sec. 427. The youth low-vision program is considered the payer of last resort. Other available public or private insurance coverage, including Medicaid or MIChild, and special education funds, shall be exhausted prior to using any funds appropriated in part 1 to purchase low-vision devices or equipment for an individual.

Sec. 429. (1) As a condition for receipt of the funds appropriated in part 1, Focus: HOPE shall submit a report on the use of the grant's funds appropriated in the prior fiscal year to the chairs of the subcommittees, the fiscal agencies, and the state budget director that includes, but is not limited to, the following:

(a) Detailed expenditures for administration including salaries and wages of employees.

(b) Amount allocated for education and training programs including number of students served by each program.

(c) Amount allocated for job search assistance and career planning including the number of students served by each program.

(d) Detailed expenditures for any contracts entered into with the use of these funds.

(e) Detailed expenditures for any program enhancements including number of new hires and capital expenditures.

(2) The report shall be submitted on or before January 31.

Sec. 431. (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. 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. A common statewide curriculum will be developed by a consortium of the grantee institutions. 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) Program management, data management, and evaluation for these projects shall be the responsibility of the department of community health, in collaboration with the department.

(6) 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.

(7) 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 $5,000,000.00 and the tentative completion date is September 30, 2010.

Sec. 432. (1) Of the funds appropriated in part 1 for the workforce training programs subgrantees, the department shall provide a report by December 15, 2009 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.

(2) Data collection for the report shall be for the period October 1, 2008 through September 30, 2009.

(3) The department shall do a final report for the fiscal year 2007-2008 that contains the information included in subsections (1) and (2) for the period of October 1, 2007 through September 30, 2008. The report shall be provided to the house and senate chairs of the subcommittees and the fiscal agencies by December 15, 2008.

Sec. 432a. (1) Of the funds appropriated in part 1 for workforce training programs subgrantees, $15,000,000.00 general fund/general purpose revenue shall be used for the no-worker-left-behind program, to be distributed as follows:

(a) At least $2,500,000.00 but not more than $5,000,000.00 shall be used to provide adult basic education, remedial education, or other training for individuals not ready for postsecondary education, in order to prepare these individuals for postsecondary training and new careers.

(b) At least $2,500,000.00 but not more than $5,000,000.00 shall be used to increase the capacity of community colleges and other public associate's degree-granting institutions in this state to provide education and training to individuals receiving assistance under the program. Funding shall be provided to these educational institutions based on a competitive bidding process. The department shall establish criteria for awarding grants pursuant to the competitive bidding process that shall include all of the following:

(i) Collaboration among multiple educational institutions.

(ii) The expansion of online learning opportunities.

(iii) Collaboration among employers, employer organizations, and local workforce investment boards.

(iv) The expansion of existing programs or creation of new programs to meet existing or emerging training needs.

(v) A requirement that grant proposals include projected specific program outcomes.

(c) Of the remaining funds, the department shall provide individuals with direct training in in-demand occupations, as determined by local workforce investment boards. These funds shall be distributed to local Michigan works! agencies based on demonstrated need. In distributing these funds, the department shall ensure funds are used for individuals who are ready for training in in-demand occupations and for whom training slots are available. Any Michigan works! agency receiving these funds shall reserve a portion, or otherwise assure that it has sufficient resources, to pay for the full course of approved training for each individual served.

(2) The department shall convene a workgroup composed of individuals with expertise in adult education, community college leaders, and other interested parties to develop plans to increase collaboration among all parties involved in adult education.

(3) The department shall develop a data collection system that provides information on a real-time basis on available training for the top 50 occupations requiring postsecondary education that are most in demand by Michigan employers.

(4) In distributing funds for worker training and education, the department shall seek to maximize participation among food stamp recipients in order to obtain matching funds under the federal food stamp employment and training program established under chapter 51, title 7 of the United States Code, 7 USC 2011, etseq. The department shall also distribute funds in a manner that leverages other federal funds as well as funds from private and local sources.

(5) No later than March 1, the department shall submit a report to the senate and house of representatives standing committees on appropriations, the fiscal agencies, and the state budget office on the distribution of the $15,000,000.00 general fund/general purpose appropriation. The report shall include:

(a) The total amount distributed under subsection (1)(a) and (c) by Michigan works! agency.

(b) The total amount distributed under subsection (1)(b) by community colleges.

(c) The balance remaining in the work project account.

(d) Detailed information on the number of food stamp recipients receiving training and education assistance, and the amount of federal funds leveraged through the food stamp employment and training program.

(6) The $15,000,000.00 general fund/general purpose revenue appropriated in part 1 for the no-worker-left-behind program is 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 expenditure until September 30, 2010.

Sec. 433. (1) The department shall use all relevant data sources available to compile data on participants in the jobs, education, and training program. The report shall include the following:

(a) How many participants were enrolled in training.

(b) How many participants completed training.

(c) How many participants completed training and were employed as a result of that training.

(d) How many cases were closed.

(e) How many cases were referred to Michigan rehabilitation services.

(f) How many case referrals were opened for service by Michigan rehabilitation services.

(2) The department shall provide separate reports for the periods January 1, 2008 through September 30, 2008 and October 1, 2008 through September 30, 2009.

(3) The report shall be submitted by March 1 to the subcommittees and the fiscal agencies.

(4) The department shall cooperate with the department of human services in formulating and acquiring the identified data.

(5) The department may retain a third party to conduct the studies to obtain data identified under this section.

Sec. 434. (1) The department shall collaborate with the state board of education, the department of human services, the department of community health, and the department of history, arts, and libraries to extend the duration of the Michigan after-school partnership, and oversee its efforts to implement the policy recommendations and strategic next steps identified in the Michigan after-school initiative's report of December 15, 2003.

(2) From the funds appropriated in part 1, $25,000.00 may be used to support the Michigan after-school partnership. Funds shall be used to leverage other private and public funding to engage the public and private sectors in building and sustaining high-quality out-of-school-time programs and resources. The cochairs, representing the department, the state board of education, the department of human services, the department of history, arts, and libraries and the department of community health shall name a fiduciary agent and may authorize the fiduciary to expend funds and hire people to accomplish the work of the Michigan after-school partnership.

(3) Participation in the Michigan after-school partnership shall be expanded beyond the membership of the initial Michigan after-school initiative to increase the representation of parents, youth, foundations, employers, and others with experience in education, child care, after-school and youth development services, and crime and violence prevention, and to include representation from the department. Each year, on or before December 31, the Michigan after-school partnership shall report its progress in reaching the recommendations set forth in the Michigan after-school initiative's report to the legislature and governor.

Sec. 435. The department shall ensure that school districts and career preparation programs operated by school districts are eligible education providers under the no-worker-left-behind program and programs funded by the federal workforce investment act.

Sec. 437. Of the funds appropriated in part 1 for the welfare to work programs, $200,000.00 shall be allocated for not more than 1 grant for the expansion of an existing innovative, employer lead, private/public workforce development program. Grants may be used for program operating expenses such as staffing, rent, equipment, and other expenses. To be eligible for this grant funding, a program must meet the following criteria:

(a) Focus on retaining low-wage workers receiving public assistance.

(b) Meet or exceed 80% retention rate.

(c) Include more than 1 employer.

(d) Employer-sited department of human services caseworker.

(e) Receive Federal TANF to pay for 50% of on-site caseworker.

(f) Employer must contribute 50% of on-site department of human services worker costs.

(g) Provide life skill and skills training toward advancing workers to mid-skill jobs.

(h) Has regional impact across more than 3 counties.

(i) Include strategic partnerships with counties, community colleges, and other nonprofits.

Sec. 438. (1) From the funds appropriated in part 1 to the Michigan housing and community development fund, $2,163,400.00 is hereby appropriated from the fund to the Michigan state housing development authority (MSHDA) for projects as described in sections 58c and 58d of the state housing development authority act of 1966, 1966 PA 346, MCL125.1458c and 125.1458d.

(2) MSHDA shall report by May 1 to the subcommittees, fiscal agencies, and the state budget director on the status of the projects described in subsection (1), including the statewide allocation plan, number of applicants, amounts requested, description of projects, amounts awarded, number of housing units that have been or are projected to be created, and income levels of the households that have been or are projected to be served.

Sec. 439. It is the intent of the legislature that the department work with career alliance and other interested Michigan works! agencies to implement the career prep program developed pursuant to section 437 of 2007 PA 118.

Sec. 440. 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, and Detroit.

Sec. 442. (1) In addition to the funds appropriated in part 1, there is appropriated up to $30,000,000.00 to the department contingent upon the receipt of temporary assistance for needy families contingency funds in fiscal year
2007-2008, and subsequent carryforward of temporary assistance for needy families block grant revenues in fiscal year 2008-2009, and upon certification by the state budget director that the funds are available for expenditure. The funds shall be allocated as follows:

(a) Of the funds appropriated in this subsection, $2,000,000.00 shall be allocated to the Michigan housing and community development fund. These funds shall then be allocated to the Michigan state housing development authority for the same purposes as section 438.

(b) Remaining funds appropriated in this subsection shall be allocated to the jobs, education and training program for enhanced employment and training services.

(2) The department shall report to the subcommittees and fiscal agencies within 15 days of making an appropriation under this section. The report shall include the amount of the appropriation, the amount allocated to each of the programs described in subsection (1), and a description of the activities for which the funds are expected to be used.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor