SB-0831, As Passed House, September 30, 2009
SUBSTITUTE FOR
SENATE BILL NO. 831
A bill to make interim general appropriations for various
state departments and agencies, capital outlay, the legislative
branch, the judicial branch, and certain other purposes for the
period of October 1, 2009 to October 31, 2009; to provide for the
expenditure of the appropriations; to provide for the disposition
of fees and other income received by various state departments and
agencies; to provide for the appointment of special committees; and
to declare the effect of this act.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
Sec. 1. (1) To eliminate any possible disturbance of normal
state fiscal operations which will occur if the 2009-2010
appropriations bills are not enacted into law by October 1, 2009
and to provide for the uninterrupted continuous operations of state
government, there is appropriated for the various state departments
and agencies, capital outlay, the legislative branch, the judicial
branch, and certain other purposes, for the period from October 1,
2009 to October 31, 2009, the amounts authorized in this act.
(2) The expenditure of the interim appropriations authorized
under this act shall be predicated on activities, programs, or
projects for which appropriations were authorized for the fiscal
year ending September 30, 2009:
APPROPRIATION SUMMARY
Full-time equated unclassified positions........ 177.5
Full-time equated classified positions....... 55,775.8
Full-time equated exempted positions............ 491.0
GROSS APPROPRIATION.................................... $ 2,890,060,700
Total interdepartmental grants and intradepartmental
transfers............................................ 65,063,500
ADJUSTED GROSS APPROPRIATION........................... $ 2,824,997,200
Total federal revenues:................................ 1,382,265,300
Total local revenues................................... 33,459,500
Total private revenues................................. 8,234,100
Total other state restricted revenues.................. 712,283,900
State general fund/general purpose..................... $ 688,754,400
Sec. 102. DEPARTMENT OF AGRICULTURE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 594.5
Operations, grants, and services....................... $ 8,381,600
GROSS APPROPRIATION.................................... $ 8,381,600
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 794,900
Federal revenues:
Total federal revenues................................. 1,445,500
Special revenue funds:
Total private revenues................................. 19,800
Total other state restricted revenues.................. 3,572,400
State general fund/general purpose..................... $ 2,549,000
Sec. 103. DEPARTMENT OF ATTORNEY GENERAL
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 537.0
Operations, grants, and services....................... $ 6,086,400
GROSS APPROPRIATION.................................... $ 6,086,400
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,002,100
Federal revenues:
Total federal revenues................................. 703,000
Special revenue funds:
Total other state restricted revenues.................. 982,500
State general fund/general purpose..................... $ 2,398,800
Sec. 104. DEPARTMENT OF CIVIL RIGHTS
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 125.0
Operations, grants, and services....................... $ 1,108,700
GROSS APPROPRIATION.................................... $ 1,108,700
Appropriated from:
Federal revenues:
Total federal revenues................................. 184,700
State general fund/general purpose..................... $ 924,000
Sec. 105. COMMUNITY COLLEGES
Operations, grants, and services....................... $ 24,946,700
GROSS APPROPRIATION.................................... $ 24,946,700
Appropriated from:
State general fund/general purpose..................... $ 24,946,700
Sec. 106. DEPARTMENT OF COMMUNITY HEALTH
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 4,602.7
Average population.............................. 970.4
Operations, grants, and services....................... $ 1,052,014,600
GROSS APPROPRIATION.................................... $ 1,052,014,600
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 3,359,200
Federal revenues:
Total federal revenues................................. 700,100,000
Special revenue funds:
Total local revenues................................... 20,086,900
Total private revenues................................. 5,993,000
Total other state restricted revenues.................. 136,336,700
State general fund/general purpose..................... $ 186,138,800
Sec. 107. DEPARTMENT OF CORRECTIONS
Full-time equated unclassified positions......... 21.0
Full-time equated classified positions....... 17,087.0
Operations, grants, and services....................... $ 158,436,300
GROSS APPROPRIATION.................................... $ 158,436,300
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 106,400
Federal revenues:
Total federal revenues................................. 1,222,100
Special revenue funds:
Total local revenues................................... 35,900
Total other state restricted revenues.................. 4,538,600
State general fund/general purpose..................... $ 152,533,300
Sec. 108. DEPARTMENT OF EDUCATION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 543.5
Operations, grants, and services....................... $ 9,795,000
GROSS APPROPRIATION.................................... $ 9,795,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 6,765,900
Special revenue funds:
Total local revenues................................... 573,400
Total private revenues................................. 257,300
Total other state restricted revenues.................. 579,300
State general fund/general purpose..................... $ 1,619,100
Sec. 109. DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC
GROWTH
Full-time equated unclassified positions......... 58.5
Full-time equated classified positions........ 4,359.0
Operations, grants, and services....................... $ 115,686,000
GROSS APPROPRIATION.................................... $ 115,686,000
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,548,000
Federal revenues:
Total federal revenues................................. 73,523,300
Special revenue funds:
Total local revenues................................... 1,324,100
Total private revenues................................. 442,900
Total other state restricted revenues.................. 33,373,500
State general fund/general purpose..................... $ 4,474,200
Sec. 110. DEPARTMENT OF ENVIRONMENTAL QUALITY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,518.7
Operations, grants, and services....................... $ 28,781,000
GROSS APPROPRIATION.................................... $ 28,781,000
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,570,300
Federal revenues:
Total federal revenues................................. 10,819,400
Special revenue funds:
Total private revenues................................. 46,300
Total other state restricted revenues.................. 14,099,100
State general fund/general purpose..................... $ 2,245,900
Sec. 111. EXECUTIVE OFFICE
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
Operations, grants, and services....................... $ 402,000
GROSS APPROPRIATION.................................... $ 402,000
Appropriated from:
State general fund/general purpose..................... $ 402,000
Sec. 112. HIGHER EDUCATION
Full-time equated classified positions............ 1.0
Operations, grants, and services....................... $ 141,442,100
GROSS APPROPRIATION.................................... $ 141,442,100
Appropriated from:
Federal revenues:
Total federal revenues................................. 672,700
Special revenue funds:
Total other state restricted revenues.................. 15,127,300
State general fund/general purpose..................... $ 125,642,100
Sec. 113. DEPARTMENT OF HUMAN SERVICES
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions....... 10,395.8
Operations, grants, and services....................... $ 437,351,700
GROSS APPROPRIATION.................................... $ 437,351,700
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 201,400
Federal revenues:
Total federal revenues................................. 357,821,100
Special revenue funds:
Total local revenues................................... 3,839,500
Total private revenues................................. 844,800
Total other state restricted revenues.................. 5,255,800
State general fund/general purpose..................... $ 69,389,100
Sec. 114. DEPARTMENT OF INFORMATION TECHNOLOGY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 1,659.0
Operations, grants, and services....................... $ 35,016,900
GROSS APPROPRIATION.................................... $ 35,016,900
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 35,016,900
State general fund/general purpose..................... $ 0
Sec. 115. JUDICIARY
Full-time equated exempted positions............ 491.0
Operations, grants, and services....................... $ 21,309,800
GROSS APPROPRIATION.................................... $ 21,309,800
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 214,500
Federal revenues:
Total federal revenues................................. 427,200
Special revenue funds:
Total local revenues................................... 507,800
Total private revenues................................. 70,200
Total other state restricted revenues.................. 7,329,000
State general fund/general purpose..................... $ 12,761,100
Sec. 116. LEGISLATURE
Senate................................................. $ 2,223,900
Senate automated data processing....................... 191,100
Senate fiscal agency................................... 241,300
House of representatives............................... 3,524,400
House automated data processing........................ 151,800
House fiscal agency.................................... 241,300
Legislative council.................................... 761,300
Legislative service bureau automated data processing... 103,000
Legislative corrections ombudsman...................... 30,800
General nonretirement expenses......................... 377,800
Capitol building....................................... 210,100
Cora Anderson building................................. 618,500
Farnum building and other properties................... 151,200
GROSS APPROPRIATION.................................... $ 8,826,500
Appropriated from:
Special revenue funds:
Total private revenues................................. 33,300
Total other state restricted revenues.................. 92,500
State general fund/general purpose..................... $ 8,700,700
Sec. 117. LEGISLATIVE AUDITOR GENERAL
Operations, grants, and services....................... $ 1,214,900
GROSS APPROPRIATION.................................... $ 1,214,900
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 150,100
Special revenue funds:
Total other state restricted revenues.................. 128,300
State general fund/general purpose..................... $ 936,500
Sec. 118. DEPARTMENT OF MANAGEMENT AND BUDGET
Full-time equated unclassified positions.......... 7.0
Full-time equated classified positions........ 1,441.0
Operations, grants, and services....................... $ 24,564,500
State building authority rent.......................... 37,176,700
GROSS APPROPRIATION.................................... $ 61,741,200
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,928,900
Federal revenues:
Total federal revenues................................. 946,100
Special revenue funds:
Total local revenues................................... 164,600
Total private revenues................................. 12,500
Total other state restricted revenues.................. 6,743,400
State general fund/general purpose..................... $ 39,945,700
Sec. 119. MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 158.0
Operations, grants, and services....................... $ 12,427,000
GROSS APPROPRIATION.................................... $ 12,427,000
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 6,700
Federal revenues:
Total federal revenues................................. 5,536,500
Special revenue funds:
Total local revenues................................... 59,600
Total other state restricted revenues.................. 4,562,900
State general fund/general purpose..................... $ 2,261,300
Sec. 120. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Full-time equated unclassified positions.......... 7.0
Full-time equated classified positions.......... 985.0
Operations, grants, and services....................... $ 16,759,300
GROSS APPROPRIATION.................................... $ 16,759,300
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 140,100
Federal revenues:
Total federal revenues................................. 10,877,800
Special revenue funds:
Total local revenues................................... 106,400
Total private revenues................................. 122,000
Total other state restricted revenues.................. 2,477,500
State general fund/general purpose..................... $ 3,035,500
Sec. 121. DEPARTMENT OF NATURAL RESOURCES
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,268.9
Operations, grants, and services....................... $ 25,251,900
GROSS APPROPRIATION.................................... $ 25,251,900
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 306,000
Federal revenues:
Total federal revenues................................. 4,518,300
Special revenue funds:
Total private revenues................................. 369,900
Total other state restricted revenues.................. 18,664,000
State general fund/general purpose..................... $ 1,393,700
Sec. 122. DEPARTMENT OF STATE
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,809.0
Operations, grants, and services....................... $ 17,670,100
GROSS APPROPRIATION.................................... $ 17,670,100
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,666,700
Federal revenues:
Total federal revenues................................. 639,500
Special revenue funds:
Total private revenues................................. 100
Total other state restricted revenues.................. 13,425,800
State general fund/general purpose..................... $ 1,938,000
Sec. 123. DEPARTMENT OF STATE POLICE
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 2,924.0
Operations, grants, and services....................... $ 42,959,900
GROSS APPROPRIATION.................................... $ 42,959,900
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 2,158,300
Federal revenues:
Total federal revenues................................. 7,967,600
Special revenue funds:
Total local revenues................................... 700,500
Total private revenues................................. 22,000
Total other state restricted revenues.................. 9,839,900
State general fund/general purpose..................... $ 22,271,600
Sec. 124. STATE TRANSPORTATION DEPARTMENT
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 3,008.0
Operations, grants, and services....................... $ 359,003,900
Debt service........................................... 72,640,100
GROSS APPROPRIATION.................................... $ 431,644,000
Appropriated from:
Federal revenues:
Total federal revenues................................. 195,032,800
Special revenue funds:
Total local revenues................................... 5,968,700
Total other state restricted revenues.................. 230,642,500
State general fund/general purpose..................... $ 0
Sec. 125. DEPARTMENT OF TREASURY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions........ 1,684.5
Operations, grants, and services....................... $ 29,224,700
Debt service........................................... 21,322,000
Constitutional state general revenue sharing grants.... 124,000,000
Statutory state general revenue sharing grants......... 56,260,400
GROSS APPROPRIATION.................................... $ 230,807,100
Appropriated from:
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 893,000
Federal revenues:
Total federal revenues................................. 3,061,800
Special revenue funds:
Total local revenues................................... 92,100
Total other state restricted revenues.................. 204,512,900
State general fund/general purpose..................... $ 22,247,300
PART 2
Sec. 201. (1) Upon enactment of the respective full fiscal
year appropriation acts for the fiscal year ending September 30,
2010, authority for interim appropriations authorized by this act
for a department or other purpose shall terminate.
(2) All obligations incurred and expenditures made under this
act shall become the obligations and expenditures authorized under
the appropriate line items in the respective full fiscal year
appropriation act.
Sec. 203. Upon enactment of the appropriations in this bill,
the state budget director shall authorize allotments of the
appropriations in this bill for each department and agency. These
allotments shall be based on the continuation of activities,
programs, or projects for which appropriations were authorized for
the fiscal year ending September 30, 2009.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 302. (1) The attorney general shall perform all legal
services, including representation before courts and administrative
agencies rendering legal opinions and providing legal advice to a
principal executive department or state agency. A principal
executive department or state agency shall not employ or enter into
a contract with any other person for services described in this
section.
(2) The attorney general shall defend judges of all state
courts if a claim is made or a civil action is commenced for
injuries to persons or property caused by the judge through the
performance of the judge's duties while acting within the scope of
his or her authority as a judge.
(3) The attorney general shall perform the duties specified in
1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to
14.102, and as otherwise provided by law.
DEPARTMENT OF CIVIL RIGHTS
Sec. 350. (1) In addition to the appropriations contained in
part 1, the department of civil rights may receive and expend funds
from local or private sources for all of the following purposes:
(a) Developing and presenting training for employers on equal
employment opportunity law and procedures.
(b) The publication and sale of civil rights related
informational material.
(c) The provision of copy material made available under
freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation
processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs
consistent with the programmatic mission of the individual unit
sponsoring or coordinating the programs.
(2) The department of civil rights shall annually report to
the state budget director, the senate and house of representatives
standing committees on appropriations, and the senate and house
fiscal agencies the amount of funds received and expended for
purposes authorized under this section.
DEPARTMENT OF COMMUNITY HEALTH
Sec. 375. A county required under the provisions of the mental
health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide
matching funds to a CMHSP for mental health services rendered to
residents in its jurisdiction shall pay the matching funds in equal
installments on not less than a quarterly basis throughout the
fiscal year, with the first payment being made by October 1, 2009.
Sec. 376. The department may make available to interested
entities customized listings of nonconfidential information in its
possession, such as names and addresses of licensees. The
department may establish and collect a reasonable charge to provide
this service. The revenue received from this service shall be used
to offset expenses to provide the service. Any balance of this
revenue collected and unexpended at the end of the fiscal year
shall revert to the appropriate restricted fund.
Sec. 377. If a county that has participated in a district
health department or an associated arrangement with other local
health departments takes action to cease to participate in such an
arrangement after October 1, 2009, the department shall have the
authority to assess a penalty from the local health department's
operational accounts in an amount equal to no more than 5% of the
local health department's local public health operations funding.
This penalty shall only be assessed to the local county that
requests the dissolution of the health department.
Sec. 378. (1) Funds appropriated in part 1 for local public
health operations shall be prospectively allocated to local health
departments to support immunizations, infectious disease control,
sexually transmitted disease control and prevention, hearing
screening, vision services, food protection, public water supply,
private groundwater supply, and on-site sewage management. Food
protection shall be provided in consultation with the Michigan
department of agriculture. Public water supply, private groundwater
supply, and on-site sewage management shall be provided in
consultation with the Michigan department of environmental quality.
(2) Local public health departments will be held to
contractual standards for the services in subsection (1).
(3) Distributions in subsection (1) shall be made only to
counties that maintain local spending in fiscal year 2009-2010 of
at least the amount expended in fiscal year 1992-1993 for the
services described in subsection (1).
(4) By April 1, 2010, the department shall make available upon
request a report to the senate or house of representatives
appropriations subcommittee on community health, the senate or
house fiscal agency, or the state budget director on the planned
allocation of the funds appropriated for local public health
operations.
Sec. 379. The area agencies and local providers may receive
and expend fees for the provision of day care, care management,
respite care, and certain eligible home- and community-based
services. The fees shall be based on a sliding scale, taking client
income into consideration. The fees shall be used to expand
services.
Sec. 380. (1) For care provided to medical services recipients
with other third-party sources of payment, medical services
reimbursement shall not exceed, in combination with such other
resources, including Medicare, those amounts established for
medical services-only patients. The medical services payment rate
shall be accepted as payment in full. Other than an approved
medical services copayment, no portion of a provider's charge shall
be billed to the recipient or any person acting on behalf of the
recipient. Nothing in this section shall be considered to affect
the level of payment from a third-party source other than the
medical services program. The department shall require a
nonenrolled provider to accept medical services payments as payment
in full.
(2) Notwithstanding subsection (1), medical services
reimbursement for hospital services provided to dual
Medicare/medical services recipients with Medicare part B coverage
only shall equal, when combined with payments for Medicare and
other third-party resources, if any, those amounts established for
medical services-only patients, including capital payments.
Sec. 381. (1) For fee-for-service recipients who do not reside
in nursing homes, the pharmaceutical dispensing fee shall be $2.50
or the pharmacy's usual or customary cash charge, whichever is
less. For nursing home residents, the pharmaceutical dispensing fee
shall be $2.75 or the pharmacy's usual or customary cash charge,
whichever is less.
(2) The department shall require a prescription copayment for
Medicaid recipients of $1.00 for a generic drug and $3.00 for a
brand-name drug, except as prohibited by federal or state law or
regulation.
Sec. 382. (1) The department shall use procedures and rebates
amounts specified under section 1927 of title XIX, 42 USC 1396r-8,
to secure quarterly rebates from pharmaceutical manufacturers for
outpatient drugs dispensed to participants in the MIChild program,
maternal outpatient medical services program, children's special
health care services, and adult benefit waiver program.
(2) For products distributed by pharmaceutical manufacturers
not providing quarterly rebates as listed in subsection (1), the
department may require preauthorization.
Sec. 383. (1) The department shall require copayments on
dental, podiatric, chiropractic, vision, and hearing aid services
provided to Medicaid recipients, except as prohibited by federal or
state law or regulation.
(2) Except as otherwise prohibited by federal or state law or
regulations, the department shall require Medicaid recipients to
pay the following copayments:
(a) Two dollars for a physician office visit.
(b) Six dollars for a hospital emergency room visit.
(c) Fifty dollars for the first day of an inpatient hospital
stay.
(d) One dollar for an outpatient hospital visit.
Sec. 384. An institutional provider that is required to submit
a cost report under the medical services program shall submit cost
reports completed in full within 5 months after the end of its
fiscal year.
Sec. 385. All nursing home rates, class I and class III, must
have their respective fiscal year rate set 30 days prior to the
beginning of their rate year. Rates may take into account the most
recent cost report prepared and certified by the preparer, provider
corporate owner or representative as being true and accurate, and
filed timely, within 5 months of the fiscal year end in accordance
with Medicaid policy. If the audited version of the last report is
available, it shall be used. Any rate factors based on the filed
cost report may be retroactively adjusted upon completion of the
audit of that cost report.
Sec. 386. (1) As may be allowed by federal law or regulation,
the department may use funds provided by a local or intermediate
school district, which have been obtained from a qualifying health
system, as the state match required for receiving federal Medicaid
or children health insurance program funds. Any such funds received
shall be used only to support new school-based or school-linked
health services.
(2) A qualifying health system is defined as any health care
entity licensed to provide health care services in the state of
Michigan, that has entered into a contractual relationship with a
local or intermediate school district to provide or manage school-
based or school-linked health services.
Sec. 387. The funds appropriated in part 1 for forensic mental
health services provided to the department of corrections are in
accordance with the interdepartmental plan developed in cooperation
with the department of corrections. The department is authorized to
receive and expend funds from the department of corrections in
addition to the appropriations in part 1 to fulfill the obligations
outlined in the interdepartmental agreements.
Sec. 388. (1) From funds appropriated in part 1, final
authorizations to CMHSPs or PIHPs shall be made upon the execution
of contracts between the department and CMHSPs or PIHPs. The
contracts shall contain an approved plan and budget as well as
policies and procedures governing the obligations and
responsibilities of both parties to the contracts. Each contract
with a CMHSP or PIHP that the department is authorized to enter
into under this subsection shall include a provision that the
contract is not valid unless the total dollar obligation for all of
the contracts between the department and the CMHSPs or PIHPs
entered into under this subsection for fiscal year 2009-2010 does
not exceed the amount of money appropriated in part 1 for the
contracts authorized under this subsection.
(2) The department shall immediately report to the senate and
house of representatives appropriations subcommittees on community
health, the senate and house fiscal agencies, and the state budget
director if either of the following occurs:
(a) Any new contracts with CMHSPs or PIHPs that would affect
rates or expenditures are enacted.
(b) Any amendments to contracts with CMHSPs or PIHPs that
would affect rates or expenditures are enacted.
(3) The report required by subsection (2) shall include
information about the changes and their effects on rates and
expenditures.
DEPARTMENT OF CORRECTIONS
Sec. 400. The department may charge fees and collect revenues
in excess of appropriations in part 1 not to exceed the cost of
offender services and programming, employee meals, parolee loans,
academic/vocational services, custody escorts, compassionate
visits, union steward activities, public work programs, and
services provided to units of government. The revenues and fees
collected are appropriated for all expenses associated with these
services and activities.
Sec. 406. (1) The department shall administer a county jail
reimbursement program from the funds appropriated in part 1 for the
purpose of reimbursing counties for housing in jails felons who
otherwise would have been sentenced to prison.
(2) The county jail reimbursement program shall reimburse
counties for housing and custody of convicted felons if the
conviction was for a crime committed on or after January 1, 1999
and 1 of the following applies:
(a) The felon's sentencing guidelines recommended range upper
limit is more than 18 months, the felon's sentencing guidelines
recommended range lower limit is 12 months or less, the felon's
prior record variable score is 35 or more points, and the felon's
sentence is not for commission of a crime in crime class G or crime
class H under chapter XVII of the code of criminal procedure, 1927
PA 175, MCL 777.1 to 777.69.
(b) The felon's minimum sentencing guidelines range minimum is
more than 12 months.
(3) State reimbursement under this section for prisoner
housing and custody expenses per diverted offender shall be $43.50
per diem for up to a 1-year total.
DEPARTMENT OF EDUCATION
Sec. 425. (1) Upon receipt of the federal drug-free grant, the
department shall allocate $225,000.00 of the grant to the safe
school program within the department. The safe school program shall
work with local school boards, parents of enrolled students, law
enforcement agencies, community leaders, and the office of drug
control policy for the prevention of school violence. The safe
school program shall develop and implement, and serve as
coordinator of, a statewide clearinghouse for information, program
development, model programs and policies, and technical assistance
on school violence prevention.
(2) To accomplish its functions under this section, the safe
school program shall do all of the following:
(a) Coordinate with the office of drug control policy in the
department of community health to ensure that there is a meaningful
linkage between the efforts under this act to provide safe schools
and the initiatives undertaken through that office, including, but
not limited to, school districts' safe and drug-free school plans,
and to facilitate timely applications for and distribution of
available grant money.
(b) Provide through the Internet the availability to access,
and provide through the Internet information regarding, the state
model policy on locker searches, the state model policy on firearm
safety and awareness, and any other state or local safety policies
that the office considers exemplary.
(c) Advance, promote, and encourage the awareness and use of
the state police anti-violence hotline.
Sec. 427. For each student enrolled at the Michigan schools
for the deaf and blind, the department shall assess the
intermediate school district of residence 100% of the cost of
operating the student's instructional program. The amount shall
exclude room and board related costs and the cost of weekend
transportation between the school and the student's home.
Sec. 429. (1) The department may assess rent or lease excess
property located on the campus of the Michigan schools for the deaf
and blind in Flint to private or publicly funded organizations.
(2) In addition to those funds appropriated in part 1, the
department may receive and expend additional funds from lease
agreements at the Michigan schools for the deaf and blind Flint
campus that have been negotiated with the approval of the
department of management and budget. These funds are appropriated
to the department for the operation, maintenance, and renovation
expenses associated with the leased space.
Sec. 430. In addition to the funds appropriated in part 1, the
funds collected by the department for document reproduction and
services; conferences, workshops, and training classes; and the use
of specialized equipment, facilities, and software are appropriated
for all expenses necessary to provide the required services. These
funds are available for expenditure when they are received and may
be carried forward into the next succeeding fiscal year.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Sec. 450. (1) The department of environmental quality is
authorized to expend amounts remaining from the current and prior
fiscal year appropriations to meet funding needs of legislatively
approved sites for the environmental cleanup and redevelopment
program and the leaking underground storage tank cleanup program.
(2) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection bond fund
contained in 2003 PA 173 and 2006 PA 343 are appropriated for
expenditure for any site listed in this act and any site listed in
the public acts referenced in this section.
(3) Unexpended and unencumbered amounts remaining from
appropriations from the cleanup and redevelopment fund contained in
2003 PA 173 are appropriated for expenditure for any site listed in
this act and any site listed in the public acts referenced in this
section.
(4) Unexpended and unencumbered amounts remaining from
appropriations from the clean Michigan initiative fund - response
activities contained in 2000 PA 506, 2001 PA 120, 2003 PA 173, 2003
PA 237, 2004 PA 309, 2004 PA 350, 2005 PA 11, 2006 PA 343, and 2007
PA 121 are appropriated for expenditure for any site listed in this
act and any site listed in the public acts referenced in this
section.
(5) Unexpended and unencumbered amounts remaining from
appropriations from the environmental protection fund contained in
2001 PA 43, 2002 PA 520, and 2003 PA 171 are appropriated for
expenditure for any site listed in this act and any site listed in
the public acts referenced in this section.
(6) Unexpended and unencumbered amounts remaining from
appropriations from the refined petroleum fund activities contained
in 2005 PA 154, 2007 PA 121, and 2008 PA 247 are appropriated for
expenditure for any site listed in this act and any site listed in
the public acts referenced in this section.
DEPARTMENT OF HUMAN SERVICES
Sec. 550. From the funds appropriated in part 1 for foster
care, the department shall provide 50% reimbursement to Indian
tribal governments for foster care expenditures for children who
are under the jurisdiction of Indian tribal courts and who are not
otherwise eligible for federal foster care cost sharing.
Sec. 552. Agencies receiving teenage parent counseling funds
shall provide at least 10% in matching funds, through any
combination of local, state, or federal funds or in-kind or other
donations.
Sec. 556. Counties shall be subject to 50% charge-back for the
use of alternative regional detention services, if those detention
services do not fall under the basic provision of section 117e of
the social welfare act, 1939 PA 280, MCL 400.117e, or if a county
operates those detention services programs primarily with
professional rather than volunteer staff.
Sec. 558. (1) The appropriations in part 1 assume a total
federal child support incentive payment of $26,500,000.00.
(2) From the federal money received for child support
incentive payments, $12,000,000.00 shall be retained by the state
and expended for child support program expenses.
(3) From the federal money received for child support
incentive payments, $14,500,000.00 shall be paid to the counties
based on each county's performance level for each of the federal
performance measures as established in the code of federal
regulations, CFR 45.305.2.
(4) If the child support incentive payment to the state from
the federal government is greater than $26,500,000.00, then 100% of
the excess shall be retained by the state and is appropriated until
the total retained by the state reaches $15,397,400.00.
(5) If the child support incentive payment to the state from
the federal government is greater than the amount needed to satisfy
the provisions identified in subsections (1), (2), (3), and (4),
the additional funds shall be subject to appropriation by the
legislature.
(6) If the child support incentive payment to the state from
the federal government is less than $26,500,000.00, then the state
and county share shall each be reduced by 50% of the shortfall.
Sec. 560. The department shall assess fees in the licensing
and regulation of child care organizations as defined in 1973 PA
116, MCL 722.111 to 722.128, and adult foster care facilities as
defined in the adult foster care facility licensing act, 1979 PA
218, MCL 400.701 to 400.737. Fees collected by the department shall
be used exclusively for the purpose of licensing and regulating
child care organizations and adult foster care facilities.
DEPARTMENT OF INFORMATION TECHNOLOGY
Sec. 575. (1) Funds appropriated in part 1 for the Michigan
public safety communications system shall be expended upon approval
of an expenditure plan by the state budget director.
(2) The department of information technology shall assess all
subscribers of the Michigan public safety communications system
reasonable access and maintenance fees.
(3) All money received by the department of information
technology under this section shall be expended for the support and
maintenance of the Michigan public safety communications system.
(4) The department of information technology shall provide a
report to the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director on April 15 and on October 15,
indicating the amount of revenue collected under this section and
expended for support and maintenance of the Michigan public safety
communications system for the immediately preceding 6-month period.
Any deposits made under this section and unencumbered funds are
restricted revenues and may be carried forward into succeeding
fiscal years.
JUDICIAL BRANCH
Sec. 580. (1) The direct trial court automation support
program of the state court administrative office shall recover
direct and overhead costs from trial courts by charging for
services rendered. The fee shall cover the actual costs incurred to
the direct trial court automation support program in providing the
service, including development of future versions of case
management systems. A report of amounts collected in excess of
funds identified as user service charges in part 1 shall be
submitted to the state budget director and to the house and senate
appropriations subcommittees on judiciary 30 days before
expenditure by the direct trial court automation support program.
(2) From funds appropriated in part 1, the direct trial court
automation support program of the state court administrative office
shall provide to the state budget director, the senate and house
appropriations committees, and the senate and house fiscal agencies
before January 1 of each year, a detailed list of user service
charges collected during the immediately preceding state fiscal
year.
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH
Sec. 600. The funds collected by the office of financial and
insurance services in connection with a conservatorship pursuant to
section 32 of the mortgage brokers, lenders, and servicers
licensing act, 1987 PA 173, MCL 445.1682, shall be appropriated for
all expenses necessary to provide for the required services. Funds
are available for expenditure when they are received by the
department of treasury and shall not lapse to the general fund at
the end of the fiscal year.
Sec. 601. In addition to the funds appropriated in part 1, the
funds collected by state historic preservation programs for
document reproduction and services and application fees are
appropriated for all expenses necessary to provide the required
services. These funds are available for expenditure when they are
received and may be carried forward into the succeeding fiscal
year.
Sec. 602. 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. 604. The department may make available to interested
entities otherwise unavailable customized listings of
nonconfidential information in its possession, such as names and
addresses of licensees, and charge for this information as follows:
base fee for 1 to 1,000 records at the cost to the department;
1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more
records at .5 cents per record. The revenue received from this
service may be used to offset expenses of programs as appropriated
in part 1. The balance of this revenue collected and unexpended at
the end of the fiscal year shall revert to the appropriate
restricted revenue account or fund or, in absence of such an
account or fund, to the general fund. The department shall submit
an annual report on or before December 1 of each year to the state
budget office and the subcommittees that states the amount of
revenue received from the sale of information.
Sec. 606. Money appropriated under this article for the bureau
of fire services shall not be expended unless, in accordance with
section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c,
inspection and plan review fees will be charged according to the
following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 608. The department shall sell documents at a price not
to exceed the cost of production and distribution. Money received
from the sale of these documents shall revert to the department.
The funds are available for expenditure when they are received by
the department of treasury and may only be used for costs directly
related to the continued updating and distribution of the documents
pursuant to this section. This section applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary
commission operations manual, and other local government assistance
manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2349; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA
265, MCL 451.501 to 451.818.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) Copies of transcripts from administrative law hearings.
Sec. 610. 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. 612. 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. 614. 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.
DEPARTMENT OF MANAGEMENT AND BUDGET
Sec. 625. (1) The department of management and budget may
receive and expend funds in addition to those authorized by part 1
for maintenance and operation services provided specifically to
other principal executive departments or state agencies, the
legislative branch, the judicial branch, or private tenants, or
provided in connection with facilities transferred to the
operational jurisdiction of the department of management and
budget.
(2) The department of management and budget may receive and
expend funds in addition to those authorized by part 1 for real
estate, architectural, design, and engineering services provided
specifically to other principal executive departments or state
agencies, the legislative branch, or the judicial branch.
(3) The department of management and budget may receive and
expend funds in addition to those authorized in part 1 for mail
pickup and delivery services provided specifically to other
principal executive departments and state agencies, the legislative
branch, or the judicial branch.
(4) The department of management and budget may receive and
expend funds in addition to those authorized in part 1 for
purchasing services provided specifically to other principal
executive departments and state agencies, the legislative branch,
or the judicial branch.
Sec. 627. (1) The source of financing in part 1 for statewide
appropriations shall be funded by assessments against longevity and
insurance appropriations throughout state government in a manner
prescribed by the department of management and budget. Funds shall
be used as specified in joint labor/management agreements or
through the coordinated compensation hearings process. Any deposits
made under this subsection and any unencumbered funds are
restricted revenues, may be carried over into the succeeding fiscal
years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for
statewide appropriations, the department of management and budget
may receive and expend funds in such additional amounts as may be
specified in joint labor/management agreements or through the
coordinated compensation hearings process in the same manner and
subject to the same conditions as prescribed in subsection (1).
Sec. 631. In addition to the funds appropriated in part 1, the
funds collected by the department for document and data imaging
services, copies, media, and storage, as well as conferences,
workshops, and training classes, are appropriated for all expenses
necessary to provide the required services. These funds are
available for expenditure when they are received and may be carried
forward into the next succeeding fiscal year.
CIVIL SERVICE
Sec. 635. (1) All restricted funds shall be assessed a sum not
less than 1% of the total aggregate payroll paid from those funds
for financing the civil service commission on the basis of actual
1% restricted sources total aggregate payroll of the classified
service for fiscal year 2008 in accordance with section 5 of
article XI of the state constitution of 1963. This includes, but is
not limited to, restricted funds appropriated in part 1 of any
appropriations act. Unexpended 1% appropriated funds shall be
returned to each 1% fund source at the end of the fiscal year.
(2) The 1% appropriations in part 1 are estimates of actual 1%
charges based on payroll appropriations. With the approval of the
state budget director, the commission is authorized to adjust
financing sources for civil service 1% charges based on actual
payroll expenditures, provided that such adjustments do not
increase the total appropriation for the civil service commission.
(3) The financing from restricted sources shall be credited to
the civil service commission by the end of the second fiscal
quarter.
Sec. 637. The appropriation in part 1 to the civil service
commission, for state-sponsored group insurance, flexible spending
accounts, and COBRA, represents amounts, in part, included within
the various appropriations throughout state government for the
current fiscal year to fund the flexible spending account program
included within the civil service commission. Deposits against
state-sponsored group insurance, flexible spending accounts, and
COBRA for the flexible spending account program shall be made from
assessments levied during the current fiscal year in a manner
prescribed by the civil service commission. Unspent employee
contributions to the flexible spending accounts may be used to
offset administrative costs for the flexible spending account
program, with any remaining balance of unspent employee
contributions to be lapsed to the general fund.
STATE BUILDING AUTHORITY
Sec. 645. (1) Subject to section 242 of the management and
budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the
state building authority, the department may expend from the
general fund of the state during the fiscal year ending September
30, 2010 an amount to meet the cash flow requirements of those
state building authority projects solely for lease to a state
agency identified in both part 1 and this section, and for which
state building authority bonds or notes have not been issued, and
for the sole acquisition by the state building authority of
equipment and furnishings for lease to a state agency as permitted
by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of
bonds or notes is authorized by a legislative concurrent resolution
that is effective for the fiscal year ending September 30, 2010.
Any general fund advances for which state building authority bonds
have not been issued shall bear an interest cost to the state
building authority at a rate not to exceed that earned by the state
treasurer's common cash fund during the period in which the
advances are outstanding and are repaid to the general fund of the
state.
(2) Upon sale of bonds or notes for the projects identified in
part 1 or for equipment as authorized by legislative concurrent
resolution and in this section, the state building authority shall
credit the general fund of the state an amount equal to that
expended from the general fund plus interest, if any, as defined in
this section.
(3) For state building authority projects for which bonds or
notes have been issued and upon the request of the state building
authority, the state treasurer shall make advances without interest
from the general fund as necessary to meet cash flow requirements
for the projects, which advances shall be reimbursed by the state
building authority when the investments earmarked for the financing
of the projects mature.
(4) In the event that a project identified in part 1 is
terminated after final design is complete, advances made on behalf
of the state building authority for the costs of final design shall
be repaid to the general fund in a manner recommended by the
director and approved by the JCOS.
Sec. 650. (1) State building authority funding to finance
construction or renovation of a facility that collects revenue in
excess of money required for the operation of that facility shall
not be released to a university or community college unless the
institution agrees to reimburse that excess revenue to the state
building authority. The excess revenue shall be credited to the
general fund to offset rent obligations associated with the
retirement of bonds issued for that facility. The auditor general
shall annually identify and present an audit of those facilities
that are subject to this section. Costs associated with the
administration of the audit shall be charged against money
recovered pursuant to this section.
(2) As used in this section, "revenue" includes state
appropriations, facility opening money, other state aid, indirect
cost reimbursement, and other revenue generated by the activities
of the facility.
Sec. 660. (1) The state building authority rent appropriations
in part 1 may also be expended for the payment of required premiums
for insurance on facilities owned by the state building authority
or payment of costs that may be incurred as the result of any
deductible provisions in such insurance policies.
(2) If the amount appropriated in part 1 for state building
authority rent is not sufficient to pay the rent obligations and
insurance premiums and deductibles identified in subsection (1) for
state building authority projects, there is appropriated from the
general fund of the state the amount necessary to pay such
obligations.
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Sec. 675. The department may charge reasonable rental and
equipment usage fees for renting an armory or using the distance-
learning network. The fee shall include the cost of overtime
compensation, insurance coverage, and any maintenance required.
DEPARTMENT OF NATURAL RESOURCES
Sec. 700. The department may charge both application fees and
transaction fees related to the exchange or sale of state-owned
land or rights in land authorized by part 21 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.2101 to 324.2162. The fees shall be set by the director at a
rate which allows the department to recover its costs for providing
these services.
Sec. 721. Funds collected by the department under sections 6,
7, and 7a of 1913 PA 271, MCL 399.6, 399.7, and 399.7a, are
appropriated to the department for the purposes for which they were
received.
Sec. 722. In addition to the funds appropriated in part 1, the
funds collected by the department for document reproduction and
services; conferences, admissions, workshops, and training classes;
and the use of specialized equipment, facilities, exhibits,
collections, and software; are appropriated for all expenses
necessary to provide the required services. These funds are
available for expenditure when they are received and may be carried
forward into the next succeeding fiscal year.
Sec. 723. In addition to the funds appropriated in part 1,
funds collected by the department under sections 6, 7, and 7a of
1913 PA 271, MCL 399.6, 399.7, and 399.7a, are appropriated to the
department for the purposes for which they were received, upon
receipt.
DEPARTMENT OF STATE
Sec. 725. All funds made available by section 3171 of the
insurance code of 1956, 1956 PA 218, MCL 500.3171, are appropriated
and made available to the department of state to be expended only
for the uses and purposes for which the funds are received as
provided by sections 3171 to 3177 of the insurance code of 1956,
1956 PA 218, MCL 500.3171 to 500.3177.
Sec. 730. From the funds appropriated in part 1, the
department of state shall sell copies of records including, but not
limited to, records of motor vehicles, off-road vehicles,
snowmobiles, watercraft, mobile homes, personal identification
cardholders, drivers, and boat operators and shall charge $7.00 per
record sold only as authorized in section 208b of the Michigan
vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222,
MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue
received from the sale of records shall be credited to the
transportation administration collection fund created under section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.
Sec. 735. From the funds appropriated in part 1, the
department of state may restrict funds from miscellaneous revenue
to cover cash shortages created from normal branch office
operations. This amount shall not exceed $50,000.00 of the total
funds available in miscellaneous revenue.
Sec. 740. (1) Commemorative and specialty license plate fee
revenue collected by the department of state and deposited into the
transportation administration collection fund is authorized for
expenditure up to the amount of revenue collected but not to exceed
the amount appropriated to the department of state in part 1 to
administer commemorative and specialty license plate programs.
(2) Commemorative and specialty license plate fee revenue
collected by the department of state and deposited in the
transportation administration collection fund, in addition to the
amount appropriated in part 1 to the department of state, shall
remain in the transportation administration collection fund and be
available for future appropriation.
Sec. 745. (1) Any service assessment collected by the
department of state from the user of a credit or debit card under
section 3 of 1995 PA 144, MCL 11.23, is appropriated to the
department for necessary expenses related to that service and may
be remitted to a credit or debit card company, bank, or other
financial institution. Funds are allocated for expenditure when
they are received by the department of treasury.
(2) The service assessment imposed by the department of state
for credit and debit card services may be based either on a
percentage of each individual credit or debit card transaction, or
on a flat rate per transaction, or both scaled to the amount of the
transaction. However, the department shall not charge any amount
for a service assessment which exceeds the costs billable to the
department for service assessments.
(3) If there is a balance of service assessments received from
credit and debit card services remaining on September 30, the
balance may be carried forward to the following fiscal year and
appropriated for the same purpose.
(4) As used in this section, "service assessment" means and
includes costs associated with service fees imposed by credit and
debit card companies and processing fees imposed by banks and other
financial institutions.
DEPARTMENT OF STATE POLICE
Sec. 750. (1) The state director of emergency management may
expend money appropriated under this article to call upon any
agency or department of the state or any resource of the state to
protect life or property or to provide for the health or safety of
the population in any area of the state in which the governor
proclaims a state of emergency or state of disaster under 1945 PA
302, MCL 10.31 to 10.33, or under the emergency management act,
1976 PA 390, MCL 30.401 to 30.421. The state director of emergency
management may expend the amounts the director considers necessary
to accomplish these purposes. The director shall submit to the
state budget director as soon as possible a complete report of all
actions taken under the authority of this section. The report shall
contain, as a separate item, a statement of all money expended that
is not reimbursable from federal money. The state budget director
shall review the expenditures and submit recommendations to the
legislature in regard to any possible need for a supplemental
appropriation.
(2) In addition to the money appropriated in this article, the
department may receive and expend money from local, private,
federal, or state sources for the purpose of providing emergency
management training to local or private interests and for the
purpose of supporting emergency preparedness, response, recovery,
and mitigation activity. If additional expenditure authorization in
the Michigan administrative information network is approved by the
state budget office under this section, the department and the
state budget office shall notify the house and senate
appropriations subcommittees on state police and military and
veterans affairs and the house and senate fiscal agencies within 10
days after the approval. The notification shall include the amount
and source of the additional authorization, the date of its
approval, and the projected use of funds to be expended under the
authorization.
Sec. 751. The money appropriated in part 1 for computer
services shall be funded by LEIN user fees sufficient to pay 1/3 of
the service and contract maintenance costs of the LEIN system.
MICHIGAN STRATEGIC FUND
Sec. 775. Travel Michigan may establish and collect a fee to
cover the cost of materials and processing of photographic prints,
slides, videotapes, and travel product database information that
are requested by the media and other segments of the public and
private sectors. The fees collected shall be appropriated for all
expenses necessary to purchase and distribute these photographic
prints, slides, videotapes, and travel product database
information. The funds are available for expenditure when they are
received by the department of treasury.
Sec. 780. Travel Michigan may receive and expend private
revenue related to the use of the "Michigan Great Lakes. Great
Times." and "Pure Michigan." copyrighted slogans and images. This
revenue may come from the direct licensing of the name and image or
from the royalty payments from various merchandise sales. Revenue
collected is appropriated for the marketing of the state as a
travel destination. The funds are available for expenditure when
they are received by the department of treasury.
DEPARTMENT OF TRANSPORTATION
Sec. 800. Funds from the Michigan transportation fund shall be
distributed to the comprehensive transportation fund, the economic
development fund, the recreation improvement fund, and the state
trunkline fund, in accordance with this act and part 711 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.71101 to 324.71108, and may only be used as specified in
this act, 1951 PA 51, MCL 247.651 to 247.675, and part 711 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.71101 to 324.71108.
DEPARTMENT OF TREASURY
Sec. 825. (1) Amounts needed to pay for interest, fees,
principal, mandatory and optional redemptions, arbitrage rebates as
required by federal law, and costs associated with the payment,
registration, trustee services, credit enhancements, and issuing
costs in excess of the amount appropriated to the department of
treasury in part 1 for debt service on notes and bonds that are
issued by the state under sections 14, 15, and 16 of article IX of
the state constitution of 1963 as implemented by 1967 PA 266, MCL
17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated an
amount for fiscal year cash-flow borrowing costs to pay for
interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to
12.53.
(3) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated all
repayments received by the state on loans made from the school bond
loan fund not required to be deposited in the school loan revolving
fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to
the extent determined by the state treasurer, for the payment of
debt service, including, without limitation, optional and mandatory
redemptions, on bonds, notes or commercial paper issued by the
state pursuant to 1961 PA 112, MCL 388.981 to 388.985.
Sec. 826. (1) From the funds appropriated in part 1, the
department of treasury may contract with private collection
agencies and law firms to collect taxes and other accounts due this
state. In addition to the amounts appropriated in part 1 to the
department of treasury, there are appropriated amounts necessary to
fund collection costs and fees not to exceed 25% of the collections
or 2.5% plus operating costs, whichever amount is prescribed by the
contract. The appropriation to fund collection costs and fees for
the collection of taxes or other accounts due this state are from
the fund or account to which the revenues being collected are
recorded or dedicated. However, if the taxes collected are
constitutionally dedicated for a specific purpose, the
appropriation of collection costs and fees are from the general
purpose account of the general fund.
(2) From the funds appropriated in part 1, the department of
treasury may contract with private collections agencies and law
firms to collect defaulted student loans and other accounts due the
Michigan guaranty agency. In addition to the amounts appropriated
in part 1 to the department of treasury, there are appropriated
amounts necessary to fund collection costs and fees not to exceed
22% of the collection or a lesser amount as prescribed by the
contract. The appropriation to fund collection costs and fees for
the auditing and collection of defaulted student loans due the
Michigan guaranty agency is from the fund or account to which the
revenues being collected are recorded or dedicated.
(3) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the agencies or law firms employed, the amount of
collections for each, the costs of collection, and other pertinent
information relating to determining whether this authority should
be continued.
Sec. 827. (1) There is appropriated an amount sufficient to
recognize and pay expenditures for financial services provided by
financial institutions as provided under section 1 of 1861 PA 111,
MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by
restricting revenues from common cash interest earnings and
investment earnings in an amount sufficient to record these
expenditures.
Sec. 828. A plaintiff in a garnishment action involving this
state shall pay to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of
periodic payments is served upon the state treasurer, as provided
in section 4012 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment
is served upon the state treasurer, except that the fee shall be
reduced to $5.00 for each writ of garnishment for individual income
tax refunds or credits filed by magnetic media.
Sec. 829. From funds appropriated in part 1, the department of
treasury may contract with private auditing firms to audit for and
collect unclaimed property due this state in accordance with the
Michigan uniform unclaimed property act. In addition to the amounts
appropriated in part 1 to the department of treasury, there are
appropriated amounts necessary to fund auditing and collection
costs and fees not to exceed 12% of the collections, or a lesser
amount as prescribed by the contract. The appropriation to fund
collection costs and fees for the auditing and collection of
unclaimed property due this state is from the fund or account to
which the revenues being collected are recorded or dedicated.
Sec. 830. The department of treasury may provide receipt,
warrant and cash processing, data, collection, investment, fiscal
agent, levy and warrant cost assessment, writ of garnishment, and
other user services on a contractual basis for other principal
executive departments and state agencies. Funds for the services
provided are appropriated and shall be expended for salaries and
wages, fees, supplies, and equipment necessary to provide the
services. Any unobligated balance of the funds received shall
revert to the general fund of this state as of September 30.
Sec. 831. Revenue received under the Michigan education trust
act, 1986 PA 316, MCL 390.1421 to 390.1442, may be expended by the
board of directors of the Michigan education trust for necessary
salaries, wages, supplies, contractual services, equipment,
worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement fund.
Sec. 832. The department of treasury may expend revenues
received under the hospital finance authority act, 1969 PA 38, MCL
331.31 to 331.84, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance
premiums, and grants to the civil service commission and state
employees' retirement fund. The department of treasury shall
maintain accounting records in sufficient detail to enable the
hospital clients to be reimbursed periodically for fees that are
determined by the department of treasury to be surplus to needs.
Sec. 833. The department of treasury may expend revenue
received under the shared credit rating act, 1985 PA 227, MCL
141.1051 to 141.1076, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance
premiums, and grants to the civil service commission and state
employees' retirement fund.
Sec. 834. The department of treasury shall establish a
separate account for the funds related to the Michigan higher
education facilities authority. The department of treasury may
expend revenue received under the higher education facilities
authority act, 1969 PA 295, MCL 390.921 to 390.934, for necessary
salaries, wages, supplies, contractual services, equipment,
worker's compensation insurance premiums, and grants to the civil
service commission and state employees' retirement fund. The
department of treasury shall maintain accounting records in
sufficient detail to enable the educational institution clients to
be reimbursed periodically for fees that are determined by the
department to be surplus to needs.
Sec. 835. The department of treasury may expend revenues
received under the Michigan public educational facilities
authority, Executive Order No. 2002-3, for necessary salaries,
wages, supplies, contractual services, equipment, worker's
compensation insurance premiums, and grants to the civil service
commission and state employees' retirement fund.
Sec. 836. In addition to the funds appropriated in part 1 to
the bureau of state lottery, there is appropriated from lottery
revenues the amount necessary for, and directly related to,
implementing and operating lottery games. Appropriations under this
section shall only be expended for contractually mandated payments
for vendor commissions, contractually mandated payments for instant
tickets intended for resale, the contractual costs of providing and
maintaining the on-line system communications network, and
incentive and bonus payments to lottery retailers.
Sec. 837. In addition to the funds appropriated in part 1,
funds distributed by the Michigan gaming control board to the
department of treasury for oversight of casino gaming are
appropriated upon receipt. These funds may be used to pay for costs
incurred for casino gaming oversight activities.
Sec. 838. (1) Funds appropriated in part 1 for local
government programs may be used to provide assistance to a local
revenue sharing board referenced in an agreement authorized by the
Indian gaming regulatory act, Public Law 100-497.
(2) A local revenue sharing board described in subsection (1)
shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, and the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(3) A county treasurer is authorized to receive and administer
funds received for and on behalf of a local revenue sharing board.
Funds appropriated in part 1 for local government programs may be
used to audit local revenue sharing board funds held by a county
treasurer. This section does not limit the ability of local units
of government to enter into agreements with federally recognized
Indian tribes to provide financial assistance to local units of
government or to jointly provide public services.
(4) The director of the department of state police and the
executive director of the Michigan gaming control board are
authorized to assist the local revenue sharing boards in
determining allocations to be made to local public safety
organizations.
(5) The department of treasury shall submit a report by
September 30 to the senate and house of representatives standing
committees on appropriations and the state budget director on the
receipts and distribution of revenues by local revenue sharing
boards.
Sec. 839. The department of treasury may expend revenue
received under the Michigan tobacco settlement finance authority
act, 2005 PA 226, MCL 129.261 to 129.279, for necessary salaries
and wages, supplies, contractual services, equipment, worker's
compensation insurance premiums, and grants to the civil service
commission and state employees' retirement fund.
Sec. 840. (1) The funds appropriated in part 1 for
constitutional revenue sharing shall be distributed by the
department to cities, villages, and townships, as required under
section 10 of article IX of the state constitution of 1963. Revenue
collected in accordance with section 10 of article IX of the state
constitution of 1963 in excess of the amount appropriated in part 1
for constitutional revenue sharing is appropriated for distribution
to cities, villages, and townships, on a population basis as
required under section 10 of article IX of the state constitution
of 1963.
(2) The funds appropriated in part 1 for statutory revenue
sharing shall be distributed to cities, villages, and townships so
that each city, village, and township shall receive 14.5% of the
statutory distribution received during the 2007-2008 state fiscal
year.
REVENUE STATEMENT
Sec. 850. Pursuant to section 18 of article V of the state
constitution of 1963, fund balances and estimates are presented in
the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2009-2010
Beginning
Fund Unreserved
Fund Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 199.6 7,713.0 0.0
General fund/special purpose 446.6 17,451.8 482.6
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 2.2 0.1 2.3
Game and fish protection 0112 4.1 61.4 3.3
Michigan employment security act
administration 0113 10.2 12.5 8.2
State aeronautics 0114 2.2 132.7 1.6
Michigan veterans' benefit
trust 0115 0.0 2.3 0.0
State trunkline 0116 (6.2) 1,808.9 (6.9)
Michigan state waterways 0117 1.3 28.6 0.0
Blue Water Bridge 0118 6.2 15.3 6.8
Michigan transportation 0119 0.0 1,819.9 0.0
Comprehensive transportation 0120 6.3 299.7 (6.4)
School aid 0122 171.0 12,165.6 0.0
Game and fish protection trust 0124 6.0 14.3 6.0
State park improvement 0125 0.0 41.1 0.0
Forest development 0126 3.4 29.7 0.7
Michigan civilian conservation
corps endowment 0128 0.3 0.0 0.0
Michigan natural resources
trust 0129 32.4 60.2 31.2
Michigan state parks endowment 0130 6.1 12.1 4.1
Safety education and training 0131 6.2 9.3 7.1
Bottle deposit 0136 0.0 12.6 0.0
State construction code 0138 0.9 15.0 4.3
Children's trust 0139 1.0 3.8 0.5
State casino gaming 0140 1.8 34.8 1.8
Homeowner construction lien
recovery 0141 0.8 1.0 (1.2)
Michigan nongame fish and
wildlife 0143 0.1 0.3 0.0
Michigan merit award trust 0154 0.0 191.7 0.0
Outdoor recreation legacy 0162 (0.2) 2.3 (0.2)
Off-road vehicle account 0163 1.7 3.6 0.4
Snowmobile account 0164 2.1 10.1 0.0
Silicosis dust disease
and logging 0870 2.1 1.3 1.7
Utility consumer
representation 0893 3.5 1.2 3.6
TOTALS $911.7 $41,956.2 $551.6