Act No. 109

Public Acts of 2005

Approved by the Governor

September 14, 2005

Filed with the Secretary of State

September 14, 2005

EFFECTIVE DATE: September 14, 2005

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Rep. Hummel

ENROLLED HOUSE BILL No. 4436

AN ACT to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. There is appropriated for the various state departments and agencies to supplement appropriations for the fiscal year ending September 30, 2005, from the following funds:

APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 249,976,000

Total interdepartmental grants and intradepartmental transfers 2,834,600

ADJUSTED GROSS APPROPRIATION . $ 247,141,400

Total federal revenues . 174,873,600

Total local revenues (1,400,000)

Total private revenues 6,322,700

Total other state restricted revenues 10,002,100

State general fund/general purpose $ 57,343,000

Sec. 102. DEPARTMENT OF AGRICULTURE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 500,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 500,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 500,000

State general fund/general purpose $ 0

(2) PESTICIDE AND PLANT PEST MANAGEMENT

Pesticide and plant pest management $ 500,000


GROSS APPROPRIATION $ 500,000

Appropriated from:

Special revenue funds:

Licensing and inspection fees 500,000

State general fund/general purpose $ 0

Sec. 103. CAPITAL OUTLAY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 700,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 700,000

Total federal revenues 500,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 200,000

State general fund/general purpose $ 0

(2) DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Empty Picture Box

Shiawassee county, armory replacement, for design and construction (total authorized cost

$5,700,000; federal share $4,250,000; state armory construction fund share $1,450,000) $ 700,000


GROSS APPROPRIATION $ 700,000

Appropriated from:

Federal revenues:

DOD - department of the army - national guard bureau 500,000

Special revenue funds:

Armory construction fund 200,000

State general fund/general purpose $ 0

Sec. 104. DEPARTMENT OF COMMUNITY HEALTH

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 154,399,800

Total interdepartmental grants and intradepartmental transfers 142,100

ADJUSTED GROSS APPROPRIATION $ 154,257,700

Total federal revenues 99,024,700

Total local revenues (1,400,000)

Total private revenues 5,322,700

Total other state restricted revenues (3,394,100)

State general fund/general purpose $ 54,704,400

(2) STATE PSYCHIATRIC HOSPITALS, CENTERS FOR PERSONS WITH

DEVELOPMENTAL DISABILITIES, AND FORENSIC AND PRISON MENTAL

HEALTH SERVICES

Mount Pleasant center - development disabilities $ 1,600,000

Caro regional mental health center - psychiatric hospital - adult 500,000

Kalamazoo psychiatric hospital - adult 900,000

Gifts and bequests for patient living and treatment environment 400,000


GROSS APPROPRIATION $ 3,400,000

Appropriated from:

Federal revenues:

Total federal revenues 1,700,000

Special revenue funds:

Other local revenues 400,000

Total private revenues 400,000

Total other state restricted revenues 900,000

State general fund/general purpose $ 0

(3) INFECTIOUS DISEASE CONTROL

Aids prevention, testing, and care programs $ 4,200,000


GROSS APPROPRIATION $ 4,200,000

Appropriated from:

Special revenue funds:

Total private revenues $ 4,200,000

State general fund/general purpose $ 0

(4) LABORATORY SERVICES

Laboratory services $ 848,000


GROSS APPROPRIATION $ 848,000

Appropriated from:

Interdepartmental grant revenues:

Interdepartmental grant from environmental quality 142,100

Special revenue funds:

Total other state restricted revenues 705,900

State general fund/general purpose $ 0

(5) EPIDEMIOLOGY

Epidemiology administration $ 76,200


GROSS APPROPRIATION $ 76,200

Appropriated from:

Special revenue funds:

Total private revenues 76,200

State general fund/general purpose $ 0

(6) CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION

Smoking prevention program $ 114,000


GROSS APPROPRIATION $ 114,000

Appropriated from:

Special revenue funds:

Total private revenues 114,000

State general fund/general purpose $ 0

(7) WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM

Women, infants, and children program local agreements and food costs $ 457,500


GROSS APPROPRIATION $ 457,500

Appropriated from:

Special revenue funds:

Total private revenues 457,500

State general fund/general purpose $ 0

(8) OFFICE OF SERVICES TO THE AGING

Office of services to the aging administration $ 75,000


GROSS APPROPRIATION $ 75,000

Appropriated from:

Special revenue funds:

Total private revenues 75,000

State general fund/general purpose $ 0

(9) MEDICAL SERVICES ADMINISTRATION

Medical services administration $ 3,800,000


GROSS APPROPRIATION $ 3,800,000

Appropriated from:

Federal revenues:

Total federal revenues 3,800,000

Special revenue funds:

State general fund/general purpose $ 0

(10) CHILDREN'S SPECIAL HEALTH CARE SERVICES

Medical care and treatment $ (20,559,800)


GROSS APPROPRIATION $ (20,559,800)

Appropriated from:

Federal revenues:

Total federal revenues (3,120,600)

Special revenue funds:

State general fund/general purpose $ (17,439,200)

(11) MEDICAL SERVICES

Maternal and child health $ 11,045,000

Hospital services and therapy (85,620,900)

Physician services 20,707,200

Medicare premium payments (5,705,600)

Pharmaceutical services 35,845,100

Home health services (7,891,200)

Ambulance services 359,400

Long-term care services 110,948,000

Health plan services 70,751,900

Medical expenses recoupment 11,550,000

Subtotal basic medical services program 161,988,900


GROSS APPROPRIATION $ 161,988,900

Appropriated from:

Federal revenues:

Total federal revenues 96,645,300

Special revenue funds:

Total local revenues (1,800,000)

Merit award trust fund (5,100,000)

Tobacco settlement revenue (1,900,000)

Total other state restricted revenues 2,000,000

State general fund/general purpose $ 72,143,600

Sec. 105. DEPARTMENT OF EDUCATION

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 1,000,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 1,000,000

Total federal revenues 0

Total local revenues 0

Total private revenues 1,000,000

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) SCHOOL IMPROVEMENT SERVICES

School improvement operations $ 1,000,000


GROSS APPROPRIATION $ 1,000,000

Appropriated from:

Special revenue funds:

Private revenues 1,000,000

State general fund/general purpose $ 0

Sec. 106. DEPARTMENT OF ENVIRONMENTAL QUALITY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 9,124,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 9,124,700

Total federal revenues 1,210,700

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 7,918,800

State general fund/general purpose $ (4,800)

(2) EXECUTIVE

Office of the Great Lakes

Salaries and fringe benefits $ 3,300

Travel 200

Other operational expenses (1,900)


GROSS APPROPRIATION $ 1,600

Appropriated from:

Federal revenues:

DOC-NOAA $ 3,200

Special revenue funds:

Great Lakes protection fund 3,200

State general fund/general purpose $ (4,800)

(3) ENVIRONMENTAL SCIENCE AND SERVICES

Environmental bond site reclamation $ 715,600

Nonpoint source pollution prevention and control project program 7,000,000

Laboratory services

Other operational expenses 200,000


GROSS APPROPRIATION $ 7,915,600

Appropriated from:

Special revenue funds:

Environmental protection bond fund 715,600

Clean Michigan initiative - nonpoint source 7,000,000

Water analysis fees 200,000

State general fund/general purpose $ 0

(4) GEOLOGICAL AND LAND MANAGEMENT

Field permitting and project assistance

Salaries and fringe benefits $ 75,000


GROSS APPROPRIATION $ 75,000

Appropriated from:

Federal revenues:

EPA, multiple 75,000

Special revenue funds:

State general fund/general purpose $ 0

(5) WATER

Surface water

Salaries and fringe benefits $ 200,000

Other operational expenses 172,500


GROSS APPROPRIATION $ 372,500

Appropriated from:

Federal revenues:

EPA, multiple 372,500

Special revenue funds:

State general fund/general purpose $ 0

(6) CRIMINAL INVESTIGATIONS

Environmental investigations

Other operational expenses $ 760,000


GROSS APPROPRIATION $ 760,000

Appropriated from:

Federal revenues:

DHS, federal 760,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 107. DEPARTMENT OF HUMAN SERVICES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 32,368,600

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 32,368,600

Total federal revenues 32,368,600

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) FAMILY INDEPENDENCE SERVICES ADMINISTRATION

Nutrition education $ 1,120,300


GROSS APPROPRIATION $ 1,120,300

Appropriated from:

Federal revenues:

Total federal revenues 1,120,300

Special revenue funds:

State general fund/general purpose $ 0

(3) LOCAL OFFICE STAFF AND OPERATIONS

Field staff, salaries and wages $ 5,500,000


GROSS APPROPRIATION $ 5,500,000

Appropriated from:

Federal revenues:

Total federal revenues 5,500,000

Special revenue funds:

State general fund/general purpose $ 0

(4) PUBLIC ASSISTANCE

Family independence program $ 7,635,500

Weatherization assistance 1,598,100

Food assistance program benefits 14,014,700


GROSS APPROPRIATION $ 23,248,300

Appropriated from:

Federal revenues:

Total federal revenues 23,248,300

Special revenue funds:

State general fund/general purpose $ 0

(5) CENTRAL SUPPORT ACCOUNTS

Payroll taxes and fringe benefits $ 2,500,000


GROSS APPROPRIATION $ 2,500,000

Appropriated from:

Federal revenues:

Total federal revenues 2,500,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 108. DEPARTMENT OF INFORMATION TECHNOLOGY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 2,692,500

Total interdepartmental grants and intradepartmental transfers 2,692,500

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) ADMINISTRATION

Health and human services $ 2,000,000

Resources services 692,500


GROSS APPROPRIATION $ 2,692,500

Appropriated from:

Interdepartmental grant revenues:

IDG from department of agriculture 692,500

IDG from department of human services 2,000,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 109. JUDICIARY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 2,220,000

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 2,220,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 2,220,000

State general fund/general purpose $ 0

(2) SUPREME COURT

State court administrative office $ 20,000

Drug treatment courts 100,000


GROSS APPROPRIATION $ 120,000

Appropriated from:

Special revenue funds:

State court fund 20,000

Drug court fund 100,000

State general fund/general purpose $ 0

(3) INDIGENT CIVIL LEGAL ASSISTANCE

Indigent civil legal assistance $ 600,000


GROSS APPROPRIATION $ 600,000

Appropriated from:

Special revenue funds:

State court fund 600,000

State general fund/general purpose $ 0

(4) TRIAL COURT OPERATIONS

Court equity fund reimbursements $ 1,500,000


GROSS APPROPRIATION $ 1,500,000

Appropriated from:

Special revenue funds:

Court equity fund 1,500,000

State general fund/general purpose $ 0

Sec. 110. DEPARTMENT OF MANAGEMENT AND BUDGET

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 587,400

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 587,400

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 587,400

State general fund/general purpose $ 0

(2) STATE FAIR

Michigan state fair operations $ 587,400


GROSS APPROPRIATION $ 587,400

Appropriated from:

Special revenue funds:

State exposition and fair grounds fund 587,400

State general fund/general purpose $ 0

Sec. 111. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 3,433,300

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 3,433,300

Total federal revenues 3,433,300

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

(2) GRAND RAPIDS VETERANS' HOME

Grand Rapids veterans' home $ 433,300


GROSS APPROPRIATION $ 433,300

Appropriated from:

Federal revenues:

HHS, Medicaid 109,700

DVA-VHA 326,600

Special revenue funds:

State general fund/general purpose $ 0

(3) HEADQUARTERS AND ARMORIES

State active duty $ 3,000,000


GROSS APPROPRIATION $ 3,000,000

Appropriated from:

Federal revenues:

Emergency management assistance compact 3,000,000

Special revenue funds:

State general fund/general purpose $ 0

Sec. 112. DEPARTMENT OF NATURAL RESOURCES

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 1,100,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 1,100,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 1,100,000

State general fund/general purpose $ 0

(2) FOREST, MINERAL, AND FIRE MANAGEMENT

Forest and timber treatments $ 350,000

Forest fire protection 630,000

Travel 120,000


GROSS APPROPRIATION $ 1,100,000

Appropriated from:

Special revenue funds:

Forest development fund 1,100,000

State general fund/general purpose $ 0

Sec. 113. DEPARTMENT OF STATE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 35,552,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 35,552,000

Total federal revenues 33,661,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 1,891,000

(2) ELECTION REGULATION

Help America vote act (HAVA) $ 35,552,000


GROSS APPROPRIATION $ 35,552,000

Appropriated from:

Federal revenues:

HHS-HAVA 33,661,000

Special revenue funds:

State general fund/general purpose $ 1,891,000

Sec. 114. DEPARTMENT OF STATE POLICE

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 5,844,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 5,844,700

Total federal revenues 4,675,300

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 870,000

State general fund/general purpose $ 299,400

(2) MOTOR CARRIER ENFORCEMENT

Safety projects $ 527,700


GROSS APPROPRIATION $ 527,700

Appropriated from:

Federal revenues:

DOT 527,700

Special revenue funds:

State general fund/general purpose $ 0

(3) EMERGENCY MANAGEMENT

Disaster assistance $ 3,000,000


GROSS APPROPRIATION $ 3,000,000

Appropriated from:

Federal revenues:

FEMA 3,000,000

Special revenue funds:

State general fund/general purpose $ 0

(4) SPECIAL OPERATIONS

Traffic services $ 1,267,600


GROSS APPROPRIATION $ 1,267,600

Appropriated from:

Federal revenues:

DOT 1,147,600

Special revenue funds:

Drunk driving prevention and training fund 120,000

State general fund/general purpose $ 0

(5) CRIMINAL JUSTICE INFORMATION CENTER

Criminal justice information center division $ 750,000


GROSS APPROPRIATION $ 750,000

Appropriated from:

Special revenue funds:

Criminal justice information center service fees 750,000

State general fund/general purpose $ 0

(6) AT-POST TROOPERS

Body armor replacement purchase $ 299,400


GROSS APPROPRIATION $ 299,400

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 299,400

Sec. 115. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $ 453,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 453,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 453,000

(2) REVENUE SHARING

Special census revenue sharing payments $ 453,000


GROSS APPROPRIATION $ 453,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 453,000

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS


Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources in part 1 for the fiscal year ending September 30, 2005 is $67,345,100.00 and state appropriations paid to local units of government are $8,953,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:

DEPARTMENT OF ENVIRONMENTAL QUALITY

Nonpoint source pollution prevention and control program $ 7,000,000

JUDICIARY

Court equity fund reimbursements $ 1,500,000

DEPARTMENT OF TREASURY

Special census revenue sharing payments $ 453,000


TOTAL $ 8,953,000

Sec. 202. The appropriations made and expenditures authorized under this act and the departments, commissions, boards, offices, and programs for which appropriations are made under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. (1) In addition to the amounts appropriated in part 1, there is appropriated to the departments of agriculture, attorney general, community health, environmental quality, labor and economic growth, management and budget, military and veterans affairs, state, state police, transportation, and treasury and the Michigan strategic fund from federal and state restricted revenue sources an amount equal to fiscal year 2003-2004 salaries, wages, and fringe benefits charged to fiscal year 2004-2005 and financed from federal and state restricted revenue sources.

(2) For each appropriated fund source, the amounts appropriated under this section shall not exceed the federal and state restricted appropriations lapses at September 30, 2004 and the available federal and state restricted revenues in excess of appropriated amounts for fiscal year 2004-2005.

DEPARTMENT OF ENVIRONMENTAL QUALITY


Sec. 301. The unexpended funds appropriated in part 1 for environmental bond site reclamation are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the projects to be carried out is for site assessment fund grant funding.

(b) The projects will be accomplished by contract.

(c) The total estimated cost of all projects is identified in each line-item appropriation.

(d) The tentative completion date is September 30, 2009.

Sec. 302. The unexpended funds appropriated in part 1 for nonpoint source pollution control grants are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL18.1451a:

(a) The purpose of the projects to be carried out is to address nonpoint source pollution.

(b) The projects will be accomplished by contract.

(c) The total estimated cost of all projects is identified in each line-item appropriation.

(d) The tentative completion date is September 30, 2009.

Sec. 303. For the fiscal year ending September 30, 2005, funds in the environmental education fund of $561,500.00 are hereby appropriated to the environmental protection fund. Not more than $77,000.00 of the funds appropriated to the environmental protection fund shall be used to fund the laboratory recognition program in the period beginning October 1, 2004 and ending December 31, 2006.

DEPARTMENT OF STATE


Sec. 401. The unexpended funds appropriated in part 1 for the help America vote act of 2002, 42 USC 15301 to 15545, are considered work project appropriations and any unencumbered or unallotted funds are carried over into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA431, MCL 18.1451a:

(a) The purpose of the project is to implement a uniform voting system described in section 37 of the Michigan election law, 1954 PA 116, MCL 168.37, and other election reforms.

(b) These projects will be accomplished by state employees, by contracts with private vendors, or by grants to local units of government.

(c) The total estimated cost of this project is $47,565,000.00.

(d) The tentative completion date for this project is September 30, 2009.

Sec. 402. From the funds appropriated in 2004 PA 327, 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, MCL324.80130, 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.

DEPARTMENT OF AGRICULTURE


Sec. 501. The unexpended funds appropriated in section 108 of 2004 PA 353 from the refined petroleum fund are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA431, MCL 18.1451a:

(a) The purpose of the project is to support gasoline inspection programs under the weights and measures act, 1964 PA 283, MCL 290.601 to 290.634 and the motor fuels quality act, 1984 PA 44, MCL 290.650d.

(b) The project will be accomplished by state employees.

(c) The total estimated cost of the project is $3,000,000.00.

(d) The tentative completion date is September 30, 2006.

REPEALER


Sec. 601. Section 803 of 2004 PA 327 is repealed.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor