SB-0175, As Passed Senate, April 26, 2011
SUBSTITUTE FOR
SENATE BILL NO. 175
A bill to make appropriations for the department of energy,
labor, and economic growth and certain other state purposes for the
fiscal year ending September 30, 2012; to provide for the
expenditure of those appropriations; to provide anticipated
appropriations for the fiscal year ending September 30, 2013; to
provide for the imposition of certain fees; to provide for the
disposition of fees and other income received by the state
agencies; to provide for reports to certain persons; and to
prescribe powers and duties of certain state departments and
certain state and local agencies and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. The amounts listed in this part are appropriated for
the department of energy, labor, and economic growth, subject to
the conditions set forth in this act, for the fiscal year ending
September 30, 2012, from the funds identified in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 53.5
Full-time equated classified positions........ 4,361.5
GROSS APPROPRIATION.................................... $ 1,272,142,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 12,673,500
ADJUSTED GROSS APPROPRIATION........................... $ 1,259,469,000
Federal revenues:
Total federal revenues................................. 839,727,100
Special revenue funds:
Total local revenues................................... 12,293,400
Total private revenues................................. 4,576,500
Total local and private revenues....................... 16,869,900
Total other state restricted revenues.................. 359,335,700
State general fund/general purpose..................... $ 43,536,300
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 53.5
Full-time equated classified positions.......... 153.0
Unclassified salaries--53.5 FTE positions.............. $ 4,178,000
Executive director programs--49.0 FTE positions........ 5,859,600
Property management.................................... 11,466,100
Rent................................................... 12,675,900
Worker's compensation.................................. 758,600
Special project advances............................... 200,100
Administrative services--104.0 FTE positions........... 10,869,300
GROSS APPROPRIATION.................................... $ 46,007,600
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 300,000
Federal revenues:
DOE-OEERE, multiple grants............................. 68,700
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 4,163,400
DOL-ETA, unemployment insurance........................ 11,549,900
DOL-ETA, workforce investment act...................... 942,800
DOL, federal funds..................................... 1,700,000
DOL, multiple grants for safety and health............. 767,000
Federal revenues....................................... 624,700
HHS, temporary assistance for needy families........... 332,400
HHS, titles XVIII and XIX.............................. 55,300
Special revenue funds:
Private - special project advances..................... 200,000
Local revenues......................................... 130,900
Bank fees.............................................. 356,300
Boiler fee revenue..................................... 244,400
Construction code fund................................. 1,127,200
Consumer finance fees.................................. 74,900
Contingent fund, penalty and interest account.......... 911,500
Corporation fees....................................... 4,168,800
Credit union fees...................................... 366,100
Deferred presentment service transaction fees.......... 24,900
Elevator fees.......................................... 251,500
Fees and collections/asbestos.......................... 100,000
Fire service fees...................................... 755,400
Insurance licensing and regulation fees................ 1,738,500
Insurance bureau fund.................................. 514,100
Licensing and regulation fees.......................... 1,005,700
Liquor purchase revolving fund......................... 4,791,100
MBLSLA fund............................................ 84,800
Mobile home code fund.................................. 252,600
Motor carrier fees..................................... 203,600
Private occupational school license fees............... 14,000
Public utility assessments............................. 2,310,400
Retired engineers technical assistance program fund.... 235,000
Safety education and training fund..................... 719,800
Second injury fund..................................... 249,900
Securities fees........................................ 2,441,000
Self-insurers security fund............................ 89,500
Silicosis and dust disease fund........................ 111,100
Tax tribunal fund...................................... 181,400
Video franchise assessments............................ 4,000
Worker's compensation administrative revolving fund.... 100,000
State general fund/general purpose..................... $ 1,745,000
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 377.0
Administration--35.0 FTE positions..................... $ 7,392,600
Financial evaluation--232.0 FTE positions.............. 34,613,400
Regulatory compliance and consumer assistance--110.0
FTE positions........................................ 18,465,500
GROSS APPROPRIATION.................................... $ 60,471,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 8,236,900
Captive insurance regulatory and supervision fund...... 256,800
Consumer finance fees.................................. 4,362,800
Credit union fees...................................... 6,382,400
Deferred presentment service transaction fees.......... 2,705,800
Insurance bureau fund.................................. 20,584,400
Insurance continuing education fees.................... 1,023,600
Insurance licensing and regulation fees................ 4,800,400
MBLSLA fund............................................ 4,300,600
Multiple employer welfare arrangement.................. 72,600
Securities fees........................................ 4,745,200
Securities investor education and training fund........ 1,000,000
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION AND ENERGY
SYSTEMS
Full-time equated classified positions.......... 213.0
Public service commission--190.0 FTE positions......... $ 27,158,400
Bureau of energy systems--18.0 FTE positions........... 7,147,300
METRO authority--5.0 FTE positions..................... 356,000
GROSS APPROPRIATION.................................... $ 34,661,700
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 4,680,600
DOT-RSPA, gas pipeline safety.......................... 677,800
Special revenue funds:
Private - oil overcharge............................... 30,000
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 2,094,700
Public utility assessments............................. 24,463,900
Restructuring mechanism assessments.................... 440,000
Retired engineers technical assistance program fund.... 1,602,000
Video franchise assessments............................ 400,000
State general fund/general purpose..................... $ 100
Sec. 105. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 158.0
Management support services--28.0 FTE positions........ $ 3,812,200
Liquor licensing and enforcement--130.0 FTE positions.. 14,801,300
GROSS APPROPRIATION.................................... $ 18,613,500
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 120,000
Liquor license revenue................................. 7,136,200
Liquor purchase revolving fund......................... 11,357,300
State general fund/general purpose..................... $ 0
Sec. 106. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 435.0
Boiler inspection program--25.0 FTE positions.......... $ 2,931,000
Bureau of fire services--57.0 FTE positions............ 5,603,500
Code enforcement--120.0 FTE positions.................. 14,022,200
Commercial services--170.0 FTE positions............... 18,980,400
Elevator inspection program--30.0 FTE positions........ 3,162,400
Manufactured housing and land resources
program--22.0 FTE positions.......................... 2,733,700
Property development group--11.0 FTE positions......... 1,707,600
GROSS APPROPRIATION.................................... $ 49,140,800
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 100,000
Federal revenues:
DOT.................................................... 60,000
FEMA................................................... 28,000
HHS, titles XVIII and XIX.............................. 700,000
Special revenue funds:
Accountancy enforcement fund........................... 420,000
Boiler fee revenue..................................... 3,363,600
Builder enforcement fund............................... 427,000
Construction code fund................................. 13,186,600
Corporation fees....................................... 6,342,700
Elevator fees.......................................... 3,565,400
Fire alarm fees........................................ 114,000
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 1,953,300
Licensing and regulation fees.......................... 11,302,800
Liquor purchase revolving fund......................... 1,636,600
Mobile home code fund.................................. 2,733,700
Property development fees.............................. 298,900
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 320,300
Real estate enforcement fund........................... 364,600
Survey and remonumentation fund........................ 776,700
Security business fund................................. 321,100
Unarmed combat fund.................................... 66,900
State general fund/general purpose..................... $ 971,600
Sec. 107. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 229.0
Occupational safety and health--229.0 FTE positions.... $ 28,562,000
GROSS APPROPRIATION.................................... $ 28,562,000
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 13,365,600
Special revenue funds:
Corporation fees....................................... 3,780,300
Fees and collections/asbestos.......................... 919,900
Safety education and training fund..................... 8,477,300
Securities fees........................................ 2,018,800
State general fund/general purpose..................... $ 100
Sec. 108. BUREAU OF WORKER'S AND UNEMPLOYMENT
COMPENSATION
Full-time equated classified positions........ 1,544.0
Worker's compensation administration--96.6 FTE
positions............................................ $ 9,169,700
Board of magistrates--12.4 FTE positions............... 2,247,800
Wage and hour division--35.0 FTE positions............. 3,366,800
Insurance funds administration--28.0 FTE positions..... 4,982,700
Supplemental benefit fund.............................. 820,000
Unemployment programs--1,302.7 FTE positions........... 135,215,200
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,091,200
Training program for agency staff--2.1 FTE positions... 1,827,700
Expanded fraud control program--33.2 FTE positions..... 3,561,300
GROSS APPROPRIATION.................................... $ 165,782,400
Appropriated from:
Federal revenues:
DOL, employment and training administration............ 1,219,100
DOL-ETA, unemployment insurance........................ 142,476,300
Special revenue funds:
Corporation fees....................................... 3,954,900
Contingent fund, regular penalty and interest.......... 1,500,000
Second injury fund..................................... 2,682,300
Securities fees........................................ 2,617,000
Self-insurers security fund............................ 1,268,400
Silicosis and dust disease fund........................ 1,032,000
Worker's compensation administrative revolving fund.... 2,907,100
State general fund/general purpose..................... $ 6,125,300
Sec. 109. STATE OFFICE OF ADMINISTRATIVE HEARINGS
AND RULES
Full-time equated classified positions.......... 178.0
Administrative hearings and rules--178.0 FTE
positions .......................................... $ 24,833,500
GROSS APPROPRIATION.................................... $ 24,833,500
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings and rules................ 12,273,500
Federal revenues:
Federal revenue - administrative hearings and rules.... 7,596,900
Special revenue funds:
State restricted revenue - administrative hearings
and rules............................................ 4,963,000
State general fund/general purpose..................... $ 100
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 45,099,500
GROSS APPROPRIATION.................................... $ 45,099,500
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 21,797,800
DOL, multiple grants for safety and health............. 273,700
Federal revenues....................................... 6,454,300
HHS, temporary assistance for needy families........... 176,300
Special revenue funds:
Bank fees.............................................. 219,500
Boiler fee revenue..................................... 280,500
Construction code fund................................. 1,076,700
Consumer finance fees.................................. 95,100
Corporation fees....................................... 4,833,400
Credit union fees...................................... 192,100
Deferred presentment service transaction fees.......... 85,700
Elevator fees.......................................... 271,300
Fees and collections/asbestos.......................... 11,000
Fire service fees...................................... 503,500
Insurance continuing education fees.................... 11,700
Insurance bureau fund.................................. 545,500
Insurance licensing and regulation fees................ 315,000
Licensing and regulation fees.......................... 1,430,900
Liquor purchase revolving fund......................... 2,770,900
MBLSLA fund............................................ 104,100
Mobile home code fund.................................. 152,800
Motor carrier fees..................................... 148,900
Public utility assessments............................. 1,166,600
Retired engineers technical assistance program fund.... 23,200
Safety education and training fund..................... 624,700
Second injury fund..................................... 143,600
Securities fees........................................ 944,100
Self-insurers security fund............................ 71,500
Silicosis and dust disease fund........................ 61,500
Tax tribunal fund...................................... 210,000
State general fund/general purpose..................... $ 103,600
Sec. 111. WORKFORCE DEVELOPMENT
Full-time equated classified positions.......... 872.5
Employment services--246.0 FTE positions............... $ 49,585,900
Labor market information--52.0 FTE positions........... 6,676,800
Michigan rehabilitation services--513.5 FTE positions.. 71,720,600
Workforce programs administration--61.0 FTE positions.. 12,904,900
GROSS APPROPRIATION.................................... $ 140,888,200
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DAG, employment and training........................... 290,000
DED-OPSE, multiple grants.............................. 1,222,900
DED-OSERS, centers for independent living.............. 58,200
DED-OSERS, rehabilitation long-term training........... 316,900
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 57,876,300
DED-OSERS, state grants for technical related
assistance........................................... 65,300
DOL-ETA, workforce investment act...................... 8,062,100
DOL, federal funds..................................... 49,844,100
HHS-SSA, supplemental security income.................. 3,783,000
HHS, temporary assistance for needy families........... 3,226,300
Special revenue funds:
Private - gifts, bequests, and donations............... 816,000
Local revenues......................................... 4,433,500
Contingent fund, penalty and interest account.......... 1,853,100
Rehabilitation service fees............................ 1,352,300
Second injury fund..................................... 51,500
State general fund/general purpose..................... $ 7,636,700
Sec. 112. CAREER EDUCATION PROGRAMS
Full-time equated classified positions........... 30.0
Postsecondary education--14.0 FTE positions............ $ 3,243,600
Adult education--16.0 FTE positions.................... 2,599,000
GROSS APPROPRIATION.................................... $ 5,842,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 4,003,200
Special revenue funds:
Private occupational school license fees............... 832,200
Defaulted loan collection fees......................... 100,000
State general fund/general purpose..................... $ 907,200
Sec. 113. DEPARTMENT GRANTS
Adult basic education.................................. $ 20,000,100
Carl D. Perkins grants................................. 18,999,900
GEAR-UP program grants................................. 3,000,100
Workforce training programs subgrantees................ 296,478,500
Personal assistance services........................... 459,400
Vocational rehabilitation customer support............. 56,908,500
Independent living..................................... 4,908,700
Welfare-to-work programs............................... 93,158,700
Fire protection grants................................. 9,273,900
Low-income energy efficiency assistance................ 94,999,900
Liquor law enforcement grants.......................... 6,600,100
Remonumentation grants................................. 5,300,100
Private grant programs................................. 2,999,900
Subregional libraries state aid........................ 451,900
GROSS APPROPRIATION.................................... $ 613,539,700
Appropriated from:
Federal revenues:
DAG, employment and training........................... 7,000,000
DED-OESE, GEAR-UP...................................... 3,000,000
DED-OSERS, centers for independent living.............. 450,200
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 37,056,700
DED-OSERS, rehabilitation services facilities.......... 2,272,500
DED-OSERS, supported employment........................ 1,541,300
DED-OSERS, state grants for technical related
assistance........................................... 2,240,800
DED-OVAE, adult education.............................. 20,000,000
DED-OVAE, basic grants to states....................... 19,000,000
DOL-ETA, workforce investment act...................... 225,052,700
DOL, federal funds..................................... 81,425,900
HHS, temporary assistance for needy families........... 60,934,000
HHS-SSA, supplemental security income.................. 5,868,400
Special revenue funds:
Private - gifts, bequests, and donations............... 400,000
Private revenues....................................... 3,000,000
Local vocational rehabilitation match.................. 7,000,000
Local vocational rehabilitation facilities match....... 200,000
Contingent fund, penalty and interest account.......... 1,000,000
Low-income energy efficiency fund...................... 95,000,000
Fire protection fund................................... 8,500,000
Liquor purchase revolving fund......................... 773,900
Liquor license revenue................................. 6,600,000
Survey and remonumentation fund........................ 5,300,000
State general fund/general purpose..................... $ 19,923,300
Sec. 114. BOARDS, AUTHORITIES, AND COMMISSIONS
Full-time equated classified positions.......... 172.0
MES board of review program--21.0 FTE positions........ $ 2,492,300
Hispanic/Latino commission of Michigan--1.0 FTE
positions............................................ 206,700
Commission on disability concerns--7.0 FTE positions... 1,186,000
Commission for the blind--107.0 FTE positions.......... 26,728,400
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,900
Tax tribunal operations--15.0 FTE positions............ 3,149,100
Employment and labor relations--21.0 FTE positions..... 3,745,100
GROSS APPROPRIATION.................................... $ 38,699,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 20,933,300
DOL-ETA, unemployment insurance........................ 2,492,400
Special revenue funds:
Private revenues....................................... 130,500
Local revenues......................................... 529,000
Division on deafness fund.............................. 93,400
Securities fees........................................ 3,745,000
State restricted revenues.............................. 553,600
Tax tribunal fund...................................... 3,149,000
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 6,123,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2011-2012 is $402,872,000.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $37,090,600.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH
Fire protection grants................................. $ 9,273,900
Liquor law enforcement................................. 6,600,100
Remonumentation grants................................. 5,300,100
Firefighters training council.......................... 1,362,900
Welfare-to-work programs............................... 15,224,700
Subregional libraries state aid........................ 451,900
Total department of energy, labor, and economic
growth............................................... $ 37,090,600
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "DAG" means the United States department of agriculture.
(b) "DED" means the United States department of education.
(c) "DED-OESE" means the DED office of elementary and
secondary education.
(d) "DED-OPSE" means the DED office of postsecondary
education.
(e) "DED-OSERS" means the DED office of special education
rehabilitation services.
(f) "DED-OVAE" means the DED office of vocational and adult
education.
(g) "Department" means the department of energy, labor, and
economic growth.
(h) "Director" means the director of the department of energy,
labor, and economic growth.
(i) "DOE" means the United States department of energy.
(j) "DOE-OEERE" means the DOE office of energy efficiency and
renewable energy.
(k) "DOL" means the United States department of labor.
(l) "DOL-ETA" means the DOL employment and training
administration.
(m) "DOT" means the United States department of
transportation.
(n) "DOT-RSPA" means the DOT research and special programs
administration.
(o) "EEOC" means equal employment opportunity commission.
(p) "FEMA" means federal emergency management agency.
(q) "Fire safety standard and enforcement fund" means fire
safety standard and firefighter protection act enforcement fund
created in section 9 of the fire safety standard and firefighter
protection act, 2009 PA 56, MCL 29.499.
(r) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(s) "FTE" means full-time equated.
(t) "HHS" means the United States department of health and
human services.
(u) "HHS-SSA" means HHS social security administration.
(v) "HUD" means the United States department of housing and
urban development.
(w) "IDG" means interdepartmental grant.
(x) "MARVIN" means Michigan's automated response voice
interactive network.
(y) "MBLSLA" means mortgage brokers, lenders, and servicers
licensing act.
(z) "MES" means Michigan employment security.
(aa) "METRO" means metropolitan extension telecommunications
rights-of-way oversight.
(bb) "MIOSHA" means Michigan occupational safety and health
administration.
(cc) "SOAHR" means the state office of administrative hearings
and rules.
(dd) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 208. The department shall use the Internet to fulfill the
reporting requirements of this act. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, each department shall prepare a
travel report listing all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in
the department's budget. The report shall be submitted to the
senate and house of representatives standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include the following
information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 220. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended. Within
14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $45,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $31,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $8,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $600,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 225. (1) Within 10 days after the receipt of a grant
appropriated in the private grant funded projects line item in part
1, the department shall notify the house and senate chairpersons of
the subcommittees, the fiscal agencies, and the state budget
director of the receipt of the grant, including the funding source,
purpose, and amount of the grant.
(2) The department shall report to the house and senate
chairpersons of the subcommittees, the fiscal agencies, and the
state budget director by January 15 on the amount and uses of the
federal energy program grants appropriated in part 1 in the line
item for the bureau of energy systems.
Sec. 227. (1) The department shall sell documents at a price
not to exceed the cost of production and distribution. Money
received from the sale of these documents shall revert to the
department. In addition to the funds appropriated in part 1, these
funds are available for expenditure when they are received by the
department of treasury and may only be used for costs directly
related to the continued updating and distribution of the documents
pursuant to this section. This section applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary
commission operations manual, and other local government assistance
manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2349; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act (2002),
2008 PA 551, MCL 451.2101 to 451.2703.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds
collected by the department under sections 55, 57, 58, and 59 of
the administrative procedures act of 1969, 1969 PA 306, MCL 24.255,
24.257, 24.258, and 24.259, and section 203 of the legislative
council act, 1986 PA 268, MCL 4.1203, are appropriated for all
expenses necessary to provide for the cost of publication and
distribution. The funds appropriated under this section are
allotted for expenditure when they are received by the department
of treasury and shall not lapse to the general fund at the end of
the fiscal year.
Sec. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 231. (1) On a quarterly basis, the department shall
report on the number of FTEs in pay status by civil service
classification to the senate and house appropriations subcommittees
on economic development and the senate and house fiscal agencies.
(2) From the funds appropriated in part 1, the department
shall develop, post, and maintain on a user-friendly and publicly
accessible Internet website all expenditures made by the department
within a fiscal year. The posting must include the purpose for
which each expenditure is made. Funds appropriated in part 1 from
the federal American recovery and reinvestment act shall also be
included on a publicly accessible website maintained by the
Michigan economic recovery office. The department shall not provide
financial information on its website under this section if doing so
would violate a federal or state law, rule, regulation, or
guideline that establishes private or security standards applicable
to that section.
(3) The department shall not expend more than $10,000.00 from
the appropriations in part 1 to implement the requirements of this
section.
REGULATORY
Sec. 301a. (1) Cities, villages, and townships receiving fire
protection grant funds in accordance with 1977 PA 289, MCL 141.951
to 141.956, shall submit a report to the department detailing the
expenditures made by the local unit from fire protection grant
funds, the fire-related activities of the local unit's police and
fire departments on state property, and the costs of such
activities. The local unit shall provide a report no later than
January 1, covering the state fiscal year ending September 30,
2011.
(2) The department shall provide a standard template for use
by local units of government when submitting a report to the
department.
(3) The department shall prepare a summary of the local
submissions and provide it to the house and senate chairpersons of
the subcommittees, the fiscal agencies, and the state budget
director by March 31.
Sec. 302. Money appropriated under this act for the bureau of
fire services shall not be expended unless, in accordance with
section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c,
inspection and plan review fees will be charged according to the
following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 303. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in the
Michigan administrative code and as determined under section 8 of
1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year.
Sec. 304. The department may make available to interested
entities otherwise unavailable customized listings of
nonconfidential information in its possession, such as names and
addresses of licensees, and charge for this information as follows:
base fee for 1 to 1,000 records at the cost to the department;
1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more
records at .5 cents per record. The revenue received from this
service may be used to offset expenses of programs as appropriated
in part 1. The balance of this revenue collected and unexpended at
the end of the fiscal year shall revert to the appropriate
restricted revenue account or fund or, in absence of such an
account or fund, to the general fund.
Sec. 320. If the revenue collected by the department from
licensing and regulation fees collected by the bureau of commercial
services exceeds the amount expended from appropriations in part 1,
the revenue may be carried forward into the subsequent fiscal year.
The revenue carried forward under this section shall be used as the
first source of funds in the subsequent fiscal year.
Sec. 330. Funds earned or authorized by the United States
department of labor in excess of the gross appropriation in part 1
for the unemployment insurance agency and the employment service
agency from the United States department of labor are appropriated
and may be expended for staffing and related expenses incurred in
the operation of its programs. These funds may be spent after the
department notifies the state budget director and the subcommittees
of the purpose and amount of each grant award.
Sec. 333. The department shall report quarterly to the members
of the house and senate committees on appropriations, the fiscal
agencies, and the state budget director on the percentage of
unemployment claimants that meet the certification requirements for
receiving benefits by using the Internet MARVIN system. The
department shall implement improvements to the Internet MARVIN
system that promote greater ease of access and security with a goal
of reaching 50% of users certifying by using the Internet MARVIN
system.
Sec. 340. MIOSHA shall provide an annual report by February 1
of each year to the state budget director, the fiscal agencies, and
the subcommittees on the number of individuals killed and the
number of individuals injured on the job within industries
regulated by the bureau during the most recent year for which data
is available.
Sec. 342. From the funds appropriated in part 1 for Michigan
occupational safety and health consultation education and training
(CET) grants, not less than $80,000.00 shall be allocated to
nonprofit organizations representing the mining industry in
Michigan.
Sec. 361. The funds collected from public utilities for low-
income energy efficiency fund grants as provided under orders
issued by the public service commission pursuant to 1939 PA 3, MCL
460.1 to 460.11, that are unexpended at the end of the fiscal year
may carry forward to the subsequent fiscal year.
Sec. 380. Funds remaining in the homeowner construction lien
recovery fund are appropriated to the department for payment of
court-ordered homeowner construction lien recovery fund judgments
entered before August 23, 2010. Pursuant to available funds, the
payment of final judgments shall be made in the order in which the
final judgments were entered and began accruing interest.
Sec. 390. (1) The department shall submit a report by April 1
of the current fiscal year to the house and senate appropriations
subcommittees, the house and senate fiscal agencies, and the state
budget director, on an annual basis, that includes all data on the
amount collected from medical marihuana program application and
renewal fees along with the cost of administering the medical
marihuana program under the Michigan medical marihuana act, 2008 IL
1, MCL 333.26421 to 333.26430.
(2) If the required fees are shown to be insufficient to
offset all expenses of implementing and administering the medical
marihuana program, the department shall review and revise the
application and renewal fees accordingly to ensure that all
expenses of implementing and administering the medical marihuana
program are offset as is permitted under section 5 of the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26425.
Sec. 391. By October 31, 2011, the department shall establish
and implement a bid process to identify a private or public
contractor to provide management of the medical marihuana program.
By January 1, 2012, the department shall transfer responsibility
for management of the medical marihuana program to the contractor
identified by the bid process.
OFFICE OF FINANCIAL AND INSURANCE REGULATION
Sec. 401. In addition to the funds appropriated in part 1, the
funds collected by the department from corporations being
liquidated pursuant to the insurance code of 1956,
1956 PA 218, MCL 500.100 to 500.8302, and the funds received 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. These funds are appropriated
for expenditure when they are received by the department of
treasury and shall not lapse to the general fund at the end of the
fiscal year.
MICHIGAN REHABILITATION SERVICES AND MICHIGAN COMMISSION FOR THE
BLIND
Sec. 610. Revenue collected by the Michigan commission for the
blind and from private and local sources that is unexpended at the
end of the fiscal year may carry forward to the subsequent fiscal
year.
Sec. 612. The youth low-vision program is considered the payer
of last resort. Other available public or private insurance
coverage, including Medicaid or MIChild, and special education
funds shall be exhausted before using any funds appropriated in
part 1 to purchase low-vision devices or equipment for an
individual.
Sec. 613. (1) The funds appropriated in part 1 for a regional
or subregional library shall not be released until a budget for
that regional or subregional library has been approved by the
department for expenditures for library services directly serving
the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated
in part 1, a regional or subregional library's fiscal agency shall
agree to maintain local funding support at the same level in the
current fiscal year as in the fiscal agency's preceding fiscal
year. If a reduction in expenditures equally affects all agencies
in a local unit of government that is the regional or subregional
library's fiscal agency, that reduction shall not be interpreted as
a reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1. If a
reduction in income affects a library cooperative or district
library that is a regional or subregional library's fiscal agency
or a reduction in expenditures for the regional or subregional
library's fiscal agency, a reduction in expenditures for the
regional or subregional library shall not be interpreted as a
reduction in local support and shall not disqualify a regional or
subregional library from receiving state aid under part 1.
Sec. 615. The department may provide and enter into agreements
to provide general services, training, meetings, information,
special equipment, software, facility use, and technical consulting
services to other principal executive departments, state agencies,
local units of government, the judicial branch of government, other
organizations, and patrons of department facilities. The department
may charge fees for these services that are reasonably related to
the cost of providing the services. In addition to the funds
appropriated in part 1, funds collected by the department for these
services are appropriated for all expenses necessary. The funds
appropriated under this section are allotted for expenditure when
they are received by the department of treasury.
CAREER EDUCATION
Sec. 733. (1) The department shall publish the "activities
classification structure data book" for Michigan community colleges
on or before March 1.
(2) The department shall compile the information received from
community colleges on North American Indian tuition waivers granted
pursuant to 1976 PA 174, MCL 390.1251 to 390.1253, and shall submit
this compilation to the house and senate appropriations
subcommittees on community colleges, the fiscal agencies, and the
state budget director by February 15.
(3) The department shall compile the information received from
community colleges on the number and types of associate degrees and
other certificates awarded during the previous fiscal year and
shall submit this compilation to the house and senate
appropriations subcommittees on community colleges, the fiscal
agencies, and the state budget director by January 15.
Sec. 750. From the funds appropriated in part 1, the
department shall allocate an amount not to exceed $100.00 for the
Detroit precollege engineering program and the Grand Rapids area
precollege engineering program, which were appropriated funds under
2005 PA 156.
WORKFORCE DEVELOPMENT
Sec. 811. (1) The department shall make available, in person
or by telephone, 1 disabled veterans outreach program specialist or
local veterans employment representative to Michigan works! service
centers, as resources permit, during hours of operation.
(2) The department shall ensure that each Michigan works!
service center has the necessary equipment to allow the disabled
veterans outreach specialist or local veterans employment
representative to perform his or her duties.
(3) The department shall require each Michigan works! service
center to have an employee available to ask each individual who
requires intensive services beyond core services, as defined by
section 134 of the workforce investment act of 1998, 29 USC 2864,
whether that individual is a veteran. The employee shall refer any
veteran needing or requesting veterans services to the disabled
veterans outreach program specialist or local veterans employment
representative assigned to the center.
(4) The department shall require that each Michigan works!
service center have posted in a conspicuous place within the office
a notice advising veterans that a disabled veterans outreach
program specialist or a local veterans employment representative is
available to assist him or her.
(5) The department shall require each Michigan works! service
center to provide free mediated services to employers wishing to
hire a veteran.
(6) The department shall continue to make the appropriate
placement of veterans and disabled veterans a priority.
Sec. 812. In addition to the funds appropriated in part 1, any
unencumbered and unrestricted federal workforce investment act or
trade adjustment assistance funds available from prior fiscal years
are appropriated for the purposes originally intended.
Sec. 813. Of the funds appropriated in part 1 for workforce
training program subgrantees, up to $200,000.00 shall be allocated
for grants to 2 workforce development programs, meeting the
following criteria:
(a) Up to $100,000.00 shall be allocated to 1 nonprofit
organization to expand an existing innovative, employer-led,
public/private workforce development program. Grant funds may be
used for program operating expenses such as staffing, rent,
equipment, and other expenses. To be eligible for funding under
this subdivision, a program must meet the following criteria:
(i) Provide program participants with early intervention
services that promote employment stabilization and alleviate
barriers to job attainment, retention, or advancement, including
assistance with transportation, language barriers, child care,
housing, and facilitating access to services available through
public agencies and community-based organizations.
(ii) Provide program participants with training in basic job
skills, basic life skills, and career exploration.
(iii) Provide program participants with opportunities for
advancement within the network of partnering employers by
facilitating incumbent worker training programs.
(iv) Demonstrate a quantifiable return on investment for
participating employers, as evidenced by costs savings achieved
through pooled training/workforce development activities, and
increases in employee retention, attendance, satisfaction, and
productivity.
(v) Have a regional impact across more than 3 counties.
(b) Up to $100,000.00 shall be allocated to 1 nonprofit
organization to expand an existing workforce development program
operated collaboratively with local businesses and educational
institutions to link unemployed and dislocated workers with new
market industries and to spur the development of small businesses.
To be eligible for funding under this subdivision, a program must
meet the following criteria:
(i) Provide low-wage, unemployed, and dislocated workers
assistance in developing career pathways that provide education and
career options for program participants to meet the workforce needs
of new markets and in-demand occupations.
(ii) Provide educational programs and seminars that provide an
introduction to the values and basic entrepreneurial skills
necessary to successfully start a new business.
(iii) Provide programs that provide business incubation and
support services, including entrepreneurial education and access to
capital.
(iv) Provide program participants with job placement
assistance, including on-the-job training, apprenticeships, and
internships.
Sec. 815. Local Michigan works! agencies shall allocate
$100.00 of the funds received under part 1 for services provided by
local libraries that serve as access points, service centers, or
local partners serving high-demand service areas or underserved
areas.
Sec. 816. From the funds appropriated in part 1 for workforce
training programs subgrantees, not less than $100.00 of federal
funds shall be allocated to Focus: HOPE.
Sec. 818. From the funds appropriated in part 1 for workforce
training program subgrantees, $150,000.00 may be allocated for not
more than 1 grant for a job training and job preparation program
that meets the following criteria:
(a) Involves prospective employers as community partners.
(b) Retrains displaced workers for health care industry jobs
including pharmacy technician and medical coding in programs that
require participants to complete at least 90 hours of field
experience.
(c) Provides training at either no cost to participants or at
a cost to participants of not more than 25% of the per student cost
of offering the training program.
(d) Demonstrates a placement rate of 80% or more.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2012 consensus revenue estimating
conference. The January 2012 consensus revenue estimating
conference shall include estimates for fiscal year 2011-2012,
fiscal year 2012-2013, and fiscal year 2013-2014 for the following:
(a) State revenue.
(b) Prison population and correction expenditures.
(c) Annual percentage growth in the school aid basic
foundation allowance.
(d) Medicaid expenditures.
(e) Human service caseloads and expenditures.