SB-0242, As Passed Senate, December 7, 2005
SUBSTITUTE FOR
SENATE BILL NO. 242
A bill to make, supplement, and adjust appropriations for
various state departments and agencies and the legislative branch
for the fiscal years ending September 30, 2005 and September 30,
2006; 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 FOR FISCAL YEAR 2005-2006
Sec. 101. There is appropriated for certain state departments
and certain other state purposes and the legislative branch as set
forth in this part for the fiscal year ending September 30, 2006,
from the following funds:
APPROPRIATION SUMMARY:
Senate Bill No. 242 as amended December 7, 2005 (1 of 2)
Full-time equated classified positions............ 0.0
GROSS APPROPRIATION.................................... $ <<8,708,500>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ <<8,708,500>>
Federal revenues:
Total federal revenues................................. 400
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. <<7,500,000>>
State general fund/general purpose..................... $ <<1,208,100>>
<<Sec. 102. DEPARTMENT OF CORRECTIONS
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION................................ $ 100
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION ...................... $ 100
Total federal revenues ............................ 0
Total local revenues............................... 0
Total private revenues............................. 0
Total state restricted revenues ................... 0
State general fund/general purpose................. 100
(2) EXECUTIVE
Executive direction................................ 100
GROSS APPROPRIATION................................ 100
Appropriated from:
State general fund/general purpose..................... 100>>
Sec. <<103>>. HIGHER EDUCATION
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 500,000
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 500,000
Senate Bill No. 242 as amended December 7, 2005 (2 of 2)
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total state restricted revenues........................ 0
State general fund/general purpose..................... $ 500,000
(2) GRANTS AND FINANCIAL AID
Children of veterans tuition grant program............. $ 500,000
Senate Bill No. 242 as amended December 7, 2005
GROSS APPROPRIATION.................................... $ 500,000
Appropriated from:
State general fund/general purpose..................... $ 500,000
Sec. <<104>>. DEPARTMENT OF HUMAN SERVICES
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 400
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 400
Total federal revenues................................. 400
Total local revenues................................... 0
Total private revenues................................. 0
Total state restricted revenues........................ 0
State general fund/general purpose..................... $ 0
(2) CHILD SUPPORT ENFORCEMENT
Child support incentive payments....................... $ 100
GROSS APPROPRIATION.................................... $ 100
Appropriated from:
Federal revenues:
Total federal revenues................................. 100
State general fund/general purpose..................... $ 0
(3) CHILD AND FAMILY SERVICES
Foster care payments................................... $ 100
Domestic violence prevention and treatment............. 100
GROSS APPROPRIATION.................................... $ 200
Appropriated from:
Senate Bill No. 242 as amended December 7, 2005
Federal revenues:
Total federal revenues................................. 200
State general fund/general purpose..................... $ 0
(4) PUBLIC ASSISTANCE
Indigent burial........................................ $ 100
GROSS APPROPRIATION.................................... $ 100
Appropriated from:
Federal revenues:
Total federal revenues................................. 100
State general fund/general purpose..................... $ 0
Sec. <<105>>. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 708,000
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 708,000
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total state restricted revenues........................ 0
State general fund/general purpose..................... $ 708,000
(2) LEGISLATIVE COUNCIL
Legislative council.................................... $ 500,000
Census tracking/reapportionment........................ 208,000
GROSS APPROPRIATION.................................... $ 708,000
Appropriated from:
Senate Bill No. 242 as amended December 7, 2005
State general fund/general purpose..................... $ 708,000
Sec. <<106>>. DEPARTMENT OF NATURAL RESOURCES
(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 state restricted revenues........................ 500,000
State general fund/general purpose..................... $ 0
(2) FISHERIES MANAGEMENT (RESOURCE CONSERVATION)
Water withdrawal assessment tool....................... $ 500,000
GROSS APPROPRIATION.................................... $ 500,000
Appropriated from:
Special revenue funds:
Clean Michigan initiative - clean water fund........... 500,000
State general fund/general purpose..................... $ 0
Sec. <<107>>. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ <<7,000,000>>
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ <<7,000,000>>
Senate Bill No. 242 as amended December 7, 2005
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total state restricted revenues........................ <<7,000,000>>
State general fund/general purpose..................... $ 0
(2) GRANTS
State sports tourism................................... $ 1,000,000
GROSS APPROPRIATION.................................... $ 1,000,000
Appropriated from:
Special revenue funds:
Convention facility development fund................... 1,000,000
State general fund/general purpose..................... $ 0
(3) TOBACCO SECURITIZATION ECONOMIC DEVELOPMENT
Private research institute............................. $ 1,000,000
<<Agricultural development fund......................... 5,000,000>>
GROSS APPROPRIATION.................................... $ <<6,000,000>>
Appropriated from:
Special revenue funds:
21st century jobs fund................................. <<6,000,000>>
State general fund/general purpose..................... $ 0
PART 1A
LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2004-2005
Sec. 151. There is appropriated for certain state departments
and certain other state purposes as set forth in this part for the
fiscal year ending September 30, 2005, from the following funds:
APPROPRIATION SUMMARY
Senate Bill No. 242 as amended December 7, 2005
Full-time equated classified positions............ 0.0
GROSS APPROPRIATION.................................... $ <<818,200>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ <<818,200>>
Federal revenues:
Total federal revenues................................. <<443,200>>
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 375,000
State general fund/general purpose..................... $ 0
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Senate Bill No. 242 as amended December 7, 2005
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Sec. 153. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 443,200
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 443,200
Total federal revenues................................. 443,200
Total local revenues................................... 0
Total private revenues................................. 0
Total state restricted revenues........................ 0
State general fund/general purpose..................... $ 0
(2) CIVIL RIGHTS OPERATIONS
Civil rights operations................................ $ 443,200
GROSS APPROPRIATION.................................... $ 443,200
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 161,300
HUD, grant............................................. 281,900
State general fund/general purpose..................... $ 0
Sec. 154. DEPARTMENT OF NATURAL RESOURCES
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 375,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 375,000
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 375,000
State general fund/general purpose..................... $ 0
(2) PAYMENTS IN LIEU OF TAXES
Purchased lands........................................ $ (340,000)
Special payments to counties........................... 340,000
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
State general fund/general purpose..................... $ 0
(3) PARKS AND RECREATION
State parks............................................ $ 375,000
GROSS APPROPRIATION.................................... $ 375,000
Appropriated from:
Special revenue funds:
Senate Bill No. 242 as amended December 7, 2005 (1 of 2)
Park improvement fund.................................. 375,000
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2005-2006
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, 2006 is <<$8,708,100.00>> and state appropriations paid to local
units of government are $0.
Sec. 202. The appropriations made and expenditures authorized
under part 1 and the departments, commissions, boards, offices, and
programs for which appropriations are made under part 1 are subject
to the management and budget act, 1984 PA 431, MCL 18.1101 to
18.1594.
<<DEPARTMENT OF COMMUNITY HEALTH
Sec. 231. The department shall keep a record of all complaints regarding the Medicare part D program made to the department by individuals dually eligible for the Medicare and Medicaid programs. Complaints that are to be recorded shall include complaints made via direct contact at a department office, by phone call, by fax, or by electronic mail. The department shall collect the following data regarding such complaints from dually eligible individuals:
(a) The nature of their complaint.
(b) The name of the prescription drug plan the individual is currently enrolled in.
(c) If the complaint is in regard to obtaining a specific medication, the brand and/or generic name of the drug.
DEPARTMENT OF CORRECTIONS
Sec. 241. Before the department of corrections increases the capacity of existing prisons or reopens any previously closed prison beds, the department shall utilize existing vacant prison beds located at the Michigan youth correctional facility through a state contract.>>
DEPARTMENT OF HUMAN SERVICES
Sec. 251. From the funds appropriated in 2005 PA 147 and in
Senate Bill No. 242 as amended December 7, 2005 (2 of 2)
part 1 for domestic violence prevention and treatment, the
department of human services shall allocate $75,000.00 in temporary
assistance to needy families funds to Barry County for services
that comply with all domestic violence board standards and
reporting requirements.
Sec. 252. The department of human services may conduct a pilot
indigent burial program in selected counties in which the payment
caps set in section 613 of 2005 PA 147 shall not apply.
Sec. 253. The department of human services shall not expend
funds appropriated in 2005 PA 147 and in part 1 to pay for the
placement of a child in an out-of-state facility unless all of the
following conditions are met:
(a) There is no appropriate placement available in this state,
while an out-of-state placement does exist within 100 miles of the
child's home.
(b) The out-of-state facility meets all of the licensing
standards of this state for a comparable facility.
(c) The out-of-state facility meets all of the applicable
licensing standards of the state in which it is located.
(d) The department of human services has done an on-site visit
to the out-of-state facility, reviewed the facility records, and
reviewed licensing records and reports on the facility and believes
that the facility is an appropriate placement for the child.
Sec. 254. (1) From the federal money received for child
support incentive payments, up to $15,397,400.00 shall be retained
by the state and expended for legal support contracts and child
support program expenses. If payment from the federal government
for collection performance incentives exceeds the amount received
by the state for fiscal year 1999-2000, the total amount paid to
the counties shall be no less than the total amount paid for
federal performance incentives in fiscal year 2000-2001.
(2) If the child support incentive payment to the state from
the federal government is less than was paid in fiscal year 2000-
2001, the payment to counties shall be prorated in a like
percentage amount reflecting reduced revenue.
(3) If the child support incentive payment to the state from
the federal government is greater than the total of the amount
retained by the state and that paid to the counties in subsection
(1), the funds above the amount retained by the state and paid to
the counties in subsection (1) shall be paid to the counties in an
amount sufficient to restore the local match supplement to the
amount paid by the state to the counties in fiscal year 2003-2004.
(4) If the child support payment to the state from the federal
government is greater than the amount required to satisfy the
provisions of subsections (1) and (3), the resulting additional
funds shall be subject to appropriation by the legislature.
(5) The department of human services may, if cost beneficial
to the state and counties, withhold from submitting to the federal
office of child support administrative expenses eligible for
federal financial participation. The department of human services
may recoup earned, but unclaimed, federal funds from the resulting
increased federal child support incentive. The recoupment by the
department of human services shall be made prior to distribution of
the increased incentive to the counties. Any incentive funds
retained by this state under this section shall be separate and
apart from any other incentive funds.
LEGISLATURE
Sec. 301. From the funds appropriated in part 1, the
legislative council is authorized to expend an amount not to exceed
$500,000.00 for the purpose of hiring a private firm to evaluate
Senate Bill No. 242 as amended December 7, 2005
the management, efficiency, and effectiveness of prisons in the
department of corrections.
DEPARTMENT OF NATURAL RESOURCES
Sec. 401. The funds appropriated in part 1 for the department
of natural resources water withdrawal assessment tool shall be
expended for the design and development of the assessment tool by
the groundwater conservation advisory council described in section
32803 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.32803. The funds described in this section
shall not be expended unless Senate Bill No. 850 and Senate Bill
No. 851 of the 93rd Legislature are enacted into law.
DEPARTMENT OF TREASURY
Sec. 501. From the funds appropriated in part 1 for state
sports tourism, up to $1,000,000.00 shall be used to support
security services for Super Bowl XL.
Sec. 502. The appropriation in part 1 is for a private
research institute that has received a specific federal
appropriation prior to 2005 for the creation of a good
manufacturing facility. The facility shall be used for the
production of drugs approved for use in clinical trials, as
approved by the United States food and drug administration, and
shall work to market the core technology alliance for the purposes
of commercialization and providing access to advanced technologies
to researchers affiliated with universities, private research
institutes, and biotech and pharmaceutical firms.
<<Sec. 503. The appropriation in part 1 for the agricultural development fund shall be used for grants and loans pursuant to the Julian-Stille value-added act, 2000 PA 322, MCL 285.301 to 285.304. The money shall not be spent until after April 1, 2006. Further, it is the intent of the legislature that the $5,000,000.00 appropriation contained in part 1 will be combined with the $5,000,000.00 appropriation contained in section 88j(3)(h),1984 PA 270, MCL 125.2088j, to provide a total of $10,000,000.00 from the 21st century jobs trust fund to the agricultural development fund.>>
PART 2A
PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2004-2005
GENERAL SECTIONS
Sec. 1051. 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 1A for the fiscal year ending
September 30, 2005 is $375,000.00 and state appropriations paid to
local units of government are $0.
Sec. 1052. The appropriations made and expenditures authorized
under part 1A and the departments, commissions, boards, offices,
and programs for which appropriations are made under part 1A are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
DEPARTMENT OF NATURAL RESOURCES
Sec. 1101. From the funds appropriated in part 1A for special
payments to counties, $170,000.00 shall be used to replace a loss
of revenue to a county with a fiscal year ending September 30,
2005, caused by a single annual statement and billing for payments
in lieu of taxes authorized under sections 2153 and 2154 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.2153 and 324.2154, and as a result of revenue due for set
aside to the revenue sharing reserve fund generated by county
allocated millage as authorized under section 44a of the general
property tax act, 1893 PA 206, MCL 211.44a. Unexpended
appropriations for special payments to counties for the fiscal year
ending September 30, 2005 shall be carried forward into the
succeeding fiscal year for use to replace a loss of revenue to a
county with a fiscal year ending September 30, 2006 for the purpose
described in this section.
REPEALER
Sec. 1201. (1) Section 513 of 2005 PA 147 is repealed.
(2) Section 901 of 2005 PA 147 is repealed.