HB-5344, As Passed House, March 20, 2008
SUBSTITUTE FOR
HOUSE BILL NO. 5344
A bill to make, supplement, and adjust appropriations for
various state departments and agencies for the fiscal year ending
September 30, 2008; 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, 2008, from the following funds:
APPROPRIATION SUMMARY
Full-time equated classified positions........... 15.0
GROSS APPROPRIATION.................................... $ 145,694,100
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 145,694,100
Total federal revenues................................. 74,087,400
Total local revenues................................... 2,310,300
Total private revenues................................. 0
Total other state restricted revenues.................. 21,354,600
State general fund/general purpose..................... $ 47,941,800
Sec. 102. DEPARTMENT OF AGRICULTURE
(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................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 1,000,000
(2) ENVIRONMENTAL STEWARDSHIP
Cooperative resources management initiative program.... $ 1,000,000
GROSS APPROPRIATION.................................... $ 1,000,000
Appropriated from:
State general fund/general purpose..................... $ 1,000,000
Sec. 103. DEPARTMENT OF COMMUNITY HEALTH
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 137,615,300
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 137,615,300
Total federal revenues................................. 59,009,300
Total local revenues................................... 1,198,400
Total private revenues................................. 0
Total other state restricted revenues.................. 41,206,400
State general fund/general purpose..................... $ 36,201,200
(2) HEALTH POLICY, REGULATION, AND PROFESSIONS
Primary care services.................................. $ 85,800
GROSS APPROPRIATION.................................... $ 85,800
Appropriated from:
State general fund/general purpose..................... $ 85,800
(3) FAMILY, MATERNAL, AND CHILDREN'S HEALTH
SERVICES
Special projects....................................... $ 25,000
GROSS APPROPRIATION.................................... $ 25,000
Appropriated from:
State general fund/general purpose..................... $ 25,000
(4) MEDICAL SERVICES
Hospital services and therapy.......................... $ 60,821,000
Long-term care services................................ 360,000
Health plan services................................... 40,383,900
Subtotal basic medical services program................ 101,564,900
School-based services.................................. 35,939,600
Subtotal special medical services payments............. 35,939,600
GROSS APPROPRIATION.................................... $ 137,504,500
Appropriated from:
Federal revenues:
Total federal revenues................................. 59,009,300
Special revenue funds:
Total local revenues................................... 1,198,400
Total other state restricted revenues.................. 41,206,400
State general fund/general purpose..................... $ 36,090,400
Sec. 104. DEPARTMENT OF EDUCATION
(1) APPROPRIATION SUMMARY
Full-time equated classified positions............ 6.0
GROSS APPROPRIATION.................................... $ 3,322,400
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 3,322,400
Total federal revenues................................. 3,322,400
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 0
(2) EDUCATIONAL ASSESSMENT AND ACCOUNTABILITY
Full-time equated classified positions............ 6.0
Educational assessment operations--6.0 FTE positions... $ 3,322,400
GROSS APPROPRIATION.................................... $ 3,322,400
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,322,400
State general fund/general purpose..................... $ 0
Sec. 105. DEPARTMENT OF ENVIRONMENTAL QUALITY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 250,000
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 250,000
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. (10,750,000)
State general fund/general purpose..................... $ 11,000,000
(2) GRANTS
Real-time water quality monitoring..................... $ 250,000
GROSS APPROPRIATION.................................... $ 250,000
Appropriated from:
Special revenue funds:
Settlement funds....................................... 250,000
State general fund/general purpose..................... $ 0
(3) AIR QUALITY
Air quality programs................................... $ 0
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Special revenue funds:
Air emissions fees..................................... (3,527,400)
State general fund/general purpose..................... $ 3,527,400
(4) ENVIRONMENTAL SCIENCE AND SERVICES DIVISION
Pollution prevention and technical assistance.......... $ 0
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Special revenue funds:
Air emissions fees..................................... (377,600)
Waste reduction fee revenue............................ (175,200)
State general fund/general purpose..................... $ 552,800
(5) OFFICE OF GEOLOGICAL SURVEY
Mineral wells management............................... $ 0
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Special revenue funds:
Mineral well regulatory fee revenue.................... (75,000)
State general fund/general purpose..................... $ 75,000
(6) LAND AND WATER MANAGEMENT
Field permitting and project assistance................ $ 0
Great Lakes shorelands................................. 0
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Special revenue funds:
Land and water permit fees............................. (2,965,000)
State general fund/general purpose..................... $ 2,965,000
(7) WASTE AND HAZARDOUS MATERIALS
Hazardous waste management program..................... $ 0
Solid waste management program......................... 0
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Special revenue funds:
Environmental pollution prevention fund................ (1,066,900)
Solid waste program fees............................... (510,500)
State general fund/general purpose..................... $ 1,577,400
(8) WATER
Drinking water and environmental health................ $ 0
Groundwater discharge.................................. 0
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Special revenue funds:
Groundwater discharge permit fees...................... (1,709,900)
On-site wastewater treatment program fund.............. (592,500)
State general fund/general purpose..................... $ 2,302,400
Sec. 106. HIGHER EDUCATION
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ (9,700,000)
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ (9,700,000)
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. (9,700,000)
State general fund/general purpose..................... $ 0
(2) GRANTS AND FINANCIAL AID
Michigan merit award program........................... $ (7,700,000)
Michigan promise grant program......................... (2,000,000)
GROSS APPROPRIATION.................................... $ (9,700,000)
Appropriated from:
Special revenue funds:
Michigan merit award trust fund........................ (9,700,000)
State general fund/general purpose..................... $ 0
Sec. 107. DEPARTMENT OF HUMAN SERVICES
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 26,373,700
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 26,373,700
Total federal revenues................................. 11,755,700
Total local revenues................................... 622,400
Total private revenues................................. 0
Total other state restricted revenues.................. (570,000)
State general fund/general purpose..................... $ 14,565,600
(2) COMMUNITY ACTION AND ECONOMIC OPPORTUNITY
Community services block grant......................... $ 300,000
GROSS APPROPRIATION.................................... $ 300,000
Appropriated from:
State general fund/general purpose..................... $ 300,000
(3) ADULT AND FAMILY SERVICES
Nutrition education.................................... $ 9,688,400
GROSS APPROPRIATION.................................... $ 9,688,400
Appropriated from:
Federal revenues:
Total federal revenues................................. 9,688,400
State general fund/general purpose..................... $ 0
(4) CHILDREN'S SERVICES
Foster care payments................................... $ 5,172,100
Adoption support services.............................. 213,100
GROSS APPROPRIATION.................................... $ 5,385,200
Appropriated from:
Federal revenues:
Total federal revenues................................. 2,067,300
Special revenue funds:
Local funds - county chargeback........................ 622,400
State general fund/general purpose..................... $ 2,695,500
(5) JUVENILE JUSTICE SERVICES
Child care fund........................................ $ 838,600
GROSS APPROPRIATION.................................... $ 838,600
Appropriated from:
State general fund/general purpose..................... $ 838,600
(6) LOCAL OFFICE STAFF AND OPERATIONS
Field staff, salaries and wages........................ $ 161,500
GROSS APPROPRIATION.................................... $ 161,500
Appropriated from:
State general fund/general purpose..................... $ 161,500
(7) OFFICE OF CHILDREN AND ADULT LICENSING
AFC, children's welfare and day care licensure......... $ 0
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Special revenue funds:
Licensing fees......................................... (186,500)
Health systems fees and collections.................... (383,500)
State general fund/general purpose..................... $ 570,000
(8) PUBLIC ASSISTANCE
Day care services...................................... $ 10,000,000
Homeless shelter contracts............................. (11,646,700)
Homeless programs...................................... 11,646,700
GROSS APPROPRIATION.................................... $ 10,000,000
Appropriated from:
State general fund/general purpose..................... $ 10,000,000
Sec. 108. JUDICIARY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 489,500
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 489,500
Total federal revenues................................. 0
Total local revenues................................... 489,500
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 0
(2) SUPREME COURT
Direct trial court automation support.................. $ 489,500
GROSS APPROPRIATION.................................... $ 489,500
Appropriated from:
Special revenue funds:
Local - user fees...................................... 489,500
State general fund/general purpose..................... $ 0
Sec. 109. DEPARTMENT OF LABOR AND ECONOMIC GROWTH
(1) APPROPRIATION SUMMARY
Full-time equated classified positions............ 4.0
GROSS APPROPRIATION.................................... $ 168,200
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 168,200
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 168,200
State general fund/general purpose..................... $ 0
(2) OFFICE OF FINANCIAL AND INSURANCE SERVICES
Full-time equated classified positions............ 4.0
Financial evaluation--4.0 FTE positions................ $ 168,200
GROSS APPROPRIATION.................................... $ 168,200
Appropriated from:
Special revenue funds:
Consumer finance fees.................................. 168,200
State general fund/general purpose..................... $ 0
Sec. 110. DEPARTMENT OF NATURAL RESOURCES
(1) APPROPRIATION SUMMARY
Full-time equated classified positions............ 5.0
GROSS APPROPRIATION.................................... $ 1,175,000
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 1,175,000
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 1,175,000
(2) LAND AND FACILITIES
Lake level control..................................... $ 25,000
GROSS APPROPRIATION.................................... $ 25,000
Appropriated from:
State general fund/general purpose..................... $ 25,000
(3) FOREST, MINERAL, AND FIRE MANAGEMENT
Full-time equated classified positions............ 5.0
Wildfire protection--5.0 FTE positions................. $ 500,000
Forest recreation and trails........................... 500,000
GROSS APPROPRIATION.................................... $ 1,000,000
Appropriated from:
State general fund/general purpose..................... $ 1,000,000
(4) WILDLIFE MANAGEMENT
Cormorant population control........................... $ 150,000
GROSS APPROPRIATION.................................... $ 150,000
Appropriated from:
State general fund/general purpose..................... $ 150,000
Sec. 111. DEPARTMENT OF STATE POLICE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 3,000,000
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 3,000,000
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 3,000,000
(2) FORENSIC SCIENCES
Laboratory operations.................................. $ 2,000,000
GROSS APPROPRIATION.................................... $ 2,000,000
Appropriated from:
State general fund/general purpose..................... $ 2,000,000
(3) POST UNIFORM SERVICES
At-post troopers....................................... $ 1,000,000
GROSS APPROPRIATION.................................... $ 1,000,000
Appropriated from:
State general fund/general purpose..................... $ 1,000,000
Sec. 112. DEPARTMENT OF TRANSPORTATION
(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................................. 0
Total other state restricted revenues.................. 1,000,000
State general fund/general purpose..................... $ 0
(2) PUBLIC TRANSPORTATION DEVELOPMENT
Bus capital............................................ $ 1,000,000
GROSS APPROPRIATION.................................... $ 1,000,000
Appropriated from:
Special revenue funds:
Comprehensive transportation fund...................... 1,000,000
State general fund/general purpose..................... $ 0
Sec. 113. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ (19,000,000)
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ (19,000,000)
Total federal revenues................................. 0
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ (19,000,000)
(2) DEBT SERVICES
Quality of life bond................................... $ (8,000,000)
Clean Michigan initiative.............................. (18,000,000)
Great lakes water quality bond......................... (4,000,000)
GROSS APPROPRIATION.................................... $ (30,000,000)
Appropriated from:
State general fund/general purpose..................... $ (30,000,000)
(3) GRANTS
Presidential primary................................... $ 10,000,000
GROSS APPROPRIATION.................................... $ 10,000,000
Appropriated from:
State general fund/general purpose..................... $ 10,000,000
(4) MICHIGAN STRATEGIC FUND
Business incubator - Macomb County..................... $ 500,000
Business incubator - Washtenaw County.................. 500,000
GROSS APPROPRIATION.................................... $ 1,000,000
Appropriated from:
State general fund/general purpose..................... $ 1,000,000
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 this appropriation act for the fiscal year
ending September 30, 2008 is $69,296,400.00 and state
appropriations paid to local units of government are
$12,000,000.00.
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.
DEPARTMENT OF COMMUNITY HEALTH
Sec. 401. From the funds appropriated in part 1 for primary
care services, an amount not to exceed $2,228,100.00 is
appropriated to enhance the service capacity of the federally
qualified health centers and other health centers which are similar
to federally qualified health centers.
Sec. 404. (1) The department shall create 2 pools for
distribution of disproportionate share hospital funding. The first
pool, totaling $45,000,000.00, shall be distributed using the
distribution methodology used in fiscal year 2003-2004. The second
pool, totaling $5,000,000.00, shall be distributed to unaffiliated
hospitals and hospital systems that received less than $900,000.00
in disproportionate share hospital payments in fiscal year 2003-
2004 based on a formula that is weighted proportional to the
product of each eligible system's Medicaid revenue and each
eligible system's Medicaid utilization.
(2) By September 30, 2008, the department shall report to the
senate and house appropriations subcommittees on community health
and the senate and house fiscal agencies on the new distribution of
funding to each eligible hospital from the 2 pools.
Sec. 406. (1) Subject to subsection (2), from the funds
appropriated in part 1 for long-term care services, the department
of community health shall contract with a stand-alone psychiatric
facility that provides at least 20% of its total care to Medicaid
recipients to provide access to Medicaid recipients who require
specialized Alzheimer's disease or dementia care.
(2) The department of community health shall ensure that funds
under this section are only used to provide services to individuals
served in fiscal year 2006-2007.
(3) The department of community health shall report to the
senate and house appropriations subcommittees on community health
and the senate and house fiscal agencies on the effectiveness of
the contract required under subsection (1) to improve the quality
of services to Medicaid recipients.
DEPARTMENT OF CORRECTIONS
Sec. 408. (1) The timetables and processes described in
subsection (2) shall be used by the department of corrections to
implement the statutory changes to the special alternative
incarceration program components described in Enrolled House Bill
No. 4184 of the 94th Legislature.
(2) The timetable for new enrollees in the special alternative
incarceration program to fully participate in the Michigan prisoner
reentry initiative is as follows:
(a) B prefix prisoners no later than May 1, 2008.
(b) A prefix prisoners no later than August 1, 2008.
(c) Probationers no later than September 1, 2008.
Sec. 409. The following timetables and processes shall be used
by the department of corrections to implement the statutory changes
to the special alternative incarceration program evaluation studies
described in Enrolled House Bill No. 4184 of the 94th Legislature:
(a) All evaluations of the program will be completed by
independent third-party evaluators.
(b) Beginning May 1, 2008, a process evaluation shall be
performed that measures the progress of program redesign efforts.
(c) Not later than September 30, 2008, evaluations of special
alternative incarceration program graduates' technical parole
violations, revictimization, and return to prison shall be
instituted for B prefix former prisoners, for A prefix former
prisoners, and for probationers following their termination or
graduation from the program.
DEPARTMENT OF EDUCATION
Sec. 411. From the unexpended balances of appropriations for
educational assessment and accountability operations for the fiscal
year ending September 30, 2008, up to $3,000,000.00 may be carried
forward as a work project and expended for a testing item bank
system. The work shall be carried out by state employees, or by
contract as necessary, at an estimated cost of $3,000,000.00. The
estimated completion date of the work is September 30, 2009.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Sec. 421. The appropriation in part 1 for real-time water
quality monitoring is a grant to Macomb County and Huron-Erie
corridor to support a real-time water quality monitoring program in
the St. Clair watershed. Not later than September 30, 2008, grant
recipients shall report to the department of environmental quality
on the program's implementation and status. The department of
environmental quality shall forward the report to the state budget
director, the senate and house appropriations subcommittees on
environmental quality, the senate and house standing committees on
natural resources and environmental issues, and the senate and
house fiscal agencies. Funding is contingent upon development of a
department of environmental quality approved plan for long-term
funding of operation and maintenance of the real-time monitoring
system for the Huron-Erie corridor.
DEPARTMENT OF HUMAN SERVICES
Sec. 451. From the funds appropriated in part 1 for day care
services, up to $8,309,800.00 shall be available for day care
provider rate increases and up to $1,690,200.00 shall be available
for administration of the program.
Sec. 452. (1) Subject to subsection (3), beginning October 1,
2007, preference shall be given in the provision of direct foster
care services to public and private agencies that are nationally
accredited.
(2) Contracts with licensed child placing agencies shall
include specific performance and incentive measures with a focus on
achieving permanency placement for children in foster care.
(3) Beginning October 1, 2007, the department shall not enter
into or maintain a contract with a for-profit child placing agency,
or with a nonprofit child placing agency that uses a for-profit
management group or contracts with a for-profit organization for
its management, to provide direct foster care services unless the
agency was licensed on or before August 1, 2007 and, if the agency
is a nonprofit child placing agency that uses a for-profit
management group or contracts with a for-profit organization for
its management, the contract with the for-profit group or
organization existed prior to August 1, 2007.
Sec. 453. (1) The goal of high security juvenile services
funded in part 1 shall be to protect the general public from
dangerous juvenile offenders while providing rehabilitation
services to those offenders to safely prepare them for entry into
society.
(2) The department shall take into consideration the
recommendations on a methodology for measuring goals, objectives,
and performance standards developed in conjunction with private
providers of juvenile justice residential programs required in
section 705 of 2004 PA 344.
(3) The department shall allocate money to public and private
providers of high security juvenile services based on their ability
to demonstrate results in all of the following:
(a) Lower recidivism rates.
(b) Higher school completion rates or GED completion rates.
(c) Shorter average stays in a residential facility.
(d) Lower average actual cost per resident.
(e) Availability of appropriate services to residents.
(4) The department shall comply with section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o, regarding placement
of juvenile offenders, and shall refer to that statutory
requirement in making referral recommendations to courts for secure
residential programs.
(5) The department shall require, if possible and practical,
that aftercare services for a juvenile offender be provided by the
same organization or provider that provided residential care for
that juvenile.
Sec. 454. (1) The goal of medium security juvenile services
shall be effective treatment of juvenile offenders to safely
prepare them for entry into society.
(2) The department shall allocate money to public and private
providers of medium security juvenile services based on their
ability to demonstrate results in all of the following:
(a) Reduced rates of recidivism.
(b) Higher rates of high school or GED completion.
(c) Shorter average stays in a residential facility.
(d) Availability of appropriate services to residents.
(e) Lower average actual cost per resident.
(3) The department shall comply with section 115o of the
social welfare act, 1939 PA 280, MCL 400.115o, regarding the
placement of juvenile offenders, and shall refer to that statutory
requirement in making referral recommendations to courts for
residential treatment programs.
(4) The department shall require, if possible and practical,
that aftercare services for a juvenile offender be provided by the
same program or provider that provided treatment for the juvenile
in residential care.
(5) The department shall provide for the transfer of medium
security services equivalent to 80 beds at the W. J. Maxey boys
training school, and shall provide for the placement of juvenile
offenders who need those services in community-based or privately
operated facilities. The transfer and placements shall be completed
by May 1, 2008 if community based or privately operated facilities
have capacity for the new placements by that date.
Sec. 455. (1) The goal of community juvenile justice centers
shall be the effective treatment and rehabilitation of juvenile
offenders in appropriate community settings.
(2) The department shall allocate money to public providers of
juvenile justice day programs based on their ability to demonstrate
results in all of the following:
(a) Reduced rates of recidivism.
(b) Higher rates of high school or GED completion.
(c) Availability of appropriate services to offenders.
(d) Lower average actual cost per resident.
(e) Shorter average stays in a residential facility.
Sec. 456. A private provider of juvenile services may receive
funding for services of different security levels if the provider
has appropriate services for each security level and adequate
measures to physically separate residents of each security level.
Sec. 457. (1) Beginning October 1, 2007, from the money
appropriated in part 1 of 2007 PA 131 for foster care payments,
Wayne County foster care payments, and child care fund, the
department shall not enter into or maintain a contract with a for-
profit provider of residential services for juvenile justice and
abused or neglected youth, or with a nonprofit provider of
residential services for juvenile justice and abused or neglected
youth that uses a for-profit management group or contracts with a
for-profit organization for its management, unless the provider was
licensed on or before August 1, 2007 and, if the provider is a
nonprofit provider of residential services for juvenile justice and
abused or neglected youth that uses a for-profit management group
or contacts with a for-profit organization for its management, the
contract between the provider and the for-profit group or
organization existed prior to August 1, 2007.
(2) Beginning October 1, 2007, from the money appropriated in
part 1 of 2007 PA 131 for foster care payments, Wayne County foster
care payments, and child care fund, the department shall pay a
provider of residential services for juvenile justice and abused or
neglected youth at daily rates that are 4.0% above the levels the
provider received during the fiscal year 2006-2007. A provider
shall not receive a daily rate below $130.00 per day.
Sec. 458. From the money appropriated in part 1 of 2007 PA 131
for adoption support services, $1,049,400.00 is allocated to
support new adoption contracts focusing on long-term permanent
wards who have been wards for more than 1 year after termination of
parental rights. Private agencies shall receive $16,000.00 for each
finalized placement under the new program.
Sec. 459. (1) From the money appropriated in part 1 of 2007 PA
131 for foster care payments, $2,500,000.00 is allocated to support
new contracts with private nonprofit child placing agencies to
facilitate the licensure of relative caregivers as foster parents.
Agencies shall receive $2,300.00 for each facilitated licensure.
The private nonprofit agency facilitating the licensure would
retain the placement and continue to provide case management
services for at least 50% of the newly licensed cases for which the
placement was appropriate to the agency. Up to 50% of the newly
licensed cases would have direct foster care services provided by
the department.
(2) From the money appropriated in part 1 of 2007 PA 131 for
foster care payments, $375,000.00 is allocated to support family
incentive grants to private and community-based foster care service
providers to assist with home improvements needed by foster
families to accommodate foster children.
Sec. 460. (1) Beginning October 1, 2007, from the funds
appropriated in part 1 of 2007 PA 131, the department shall
reimburse a private child placing agency for an adoption placement
or finalization at the following unit rate, as applicable,
depending on the category into which the placement falls under
subsection (2):
(a) For basic and standard, $2,594.00 for a placement,
$1,733.00 for a finalization.
(b) For enhanced, $4,068.00 for a placement, $2,712.00 for a
finalization.
(c) For premium, $5,404.00 for a placement, $3,603.00 for a
finalization.
(d) For residential, $6,240.00 for a placement, $4,160.00 for
a finalization.
(e) For I-MARE, $4,368.00 for a placement, $2,912.00 for a
finalization.
(f) For MARE, $5,819.00 for a placement, $3,879.00 for a
finalization.
(g) For preplacement, $1,352.00 for basic or standard,
$2,704.00 for enhanced.
(2) The following categories shall be used to determine which
unit rate is applicable under subsection (1):
(a) The residential category shall be used for a placement
that involves a child who was being cared for in a residential
child caring institution.
(b) The MARE category shall be used for a placement other than
an interagency placement in which the private agency used the
Michigan adoption resource exchange photo-listing system.
(c) The I-MARE category shall be used for an interagency
placement in which the private agency used the Michigan adoption
resource exchange photo-listing system.
(d) A placement to which subdivisions (a) to (c) do not apply
shall be reimbursed based on the length of time between the
termination of parental rights or case referral and the placement
as follows:
(i) The premium category shall be used if the placement is
achieved less than 6 months after the termination of parental
rights, or after the case referral to the agency if the case was
referred 3 months or more after termination.
(ii) The enhanced category shall be used if the placement is
achieved 6 months or more but less than 9 months after the
termination of parental rights, or after the case referral to the
agency if the case was referred 3 months or more after termination.
(iii) The basic and standard category shall be used if the
placement is achieved 9 months or more after the termination of
parental rights, or after the case referral to the agency if the
case was referred 3 months or more after termination.
(3) The department shall not establish a payment category or
unit rate other than those in this section and shall not expend
funds appropriated in part 1 for a payment that does not fall
within a payment category or unit rate structure established in
this section.
Sec. 461. The department will implement a $25.00 annual fee
pursuant to title IV-D, section 454(6)(B)(ii) of the social security
act, 42 USC 651. The fee shall be deducted from support collected
on behalf of the individual. Fee revenues shall be used to
administer and operate the child support program under part D of
title IV of the social security act.
Sec. 462. Except as required by federal law or regulations,
funds appropriated in part 1 of 2007 PA 131 shall not be used to
provide public assistance to a person who is an illegal alien. This
section shall not prohibit the department from entering into
contracts with food banks, emergency shelter providers, or human
service agencies who may, as a normal part of doing business,
provide food or emergency shelter to individuals or human service
agencies that provide services to homeless individuals or families.
Sec. 463. As a condition of receipt of federal TANF funds,
homeless shelters and human service agencies shall collaborate with
the department to obtain necessary TANF eligibility information on
families as soon as possible after admitting a family to the
homeless shelter. From the funds appropriated in part 1 for
homeless programs, the department is authorized to make allocations
of TANF funds only to the agencies that report necessary data to
the department for the purpose of meeting TANF eligibility
reporting requirements. Homeless shelters that do not report
necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements will not receive reimbursements
which exceed the per diem amount they received in fiscal year 2000.
The use of TANF funds under this section should not be considered
an ongoing commitment of funding.
Sec. 464. The state supplementation level under the
supplemental security income program for the personal care/adult
foster care and home for the aged categories shall not be reduced
below the level in effect on October 1, 2006. The legislature shall
be notified not less than 30 days before any proposed reduction in
the state supplementation level.
Sec. 465. The department of human services shall review and
may adjust daily per diem rates to providers of high-secure
juvenile services in recognition of added complex services.
DEPARTMENT OF LABOR AND ECONOMIC GROWTH
Sec. 501. (1) The appropriation in part 1 for the Michigan
commission for the blind includes funds for case services. These
funds may be used for tuition payments for blind clients for the
school year beginning September 2004.
(2) Revenue collected by the Michigan commission for the blind
and from private and local sources that is unexpended at the end of
the fiscal year may carry forward to the subsequent fiscal year.
Sec. 502. (1) The amount of $2,163,400.00 in the housing and
community development fund is hereby appropriated and may be
expended by the state housing development authority as provided in
sections 58c and 58d of the state housing development authority act
of 1966, 1966 PA 346, MCL 125.1458c and 125.1458d.
(2) The state housing development authority shall report by
May 1 to the senate and house standing committees on appropriations
subcommittees on economic development, the senate and house fiscal
agencies, and the state budget office on the status of the projects
described in subsection (1), including the statewide allocation
plan, the number of applicants, amounts requested, description of
projects, amounts rewarded, number of housing units that have been
or are projected to be created, and income levels of the households
that have been or are projected to be served.
DEPARTMENT OF MANAGEMENT AND BUDGET
Sec. 521. The department of management and budget shall
contract with an experienced performance review company to conduct
performance reviews of state departments. The contract shall be
done on a contingency basis and the reviews shall be concluded
within 180 days of the issuance of the contract. Performance
enhancement recommendations shall be submitted to the director of
the department of management and budget and to the members of the
senate and house appropriations committees.
DEPARTMENT OF NATURAL RESOURCES
Sec. 551. The appropriation in part 1 for cormorant control
shall be used to enter into a partnership agreement with the United
States department of agriculture, wildlife services agency to
provide for additional control activities in areas of this state
most affected by the double-crested cormorant, and that agreement
shall contain conditions requiring the United States department of
agriculture to document that the state appropriation was used to
control double-crested cormorants within Michigan boundary waters
in sufficient detail to allow verification by the legislative
auditor general.
DEPARTMENT OF TRANSPORTATION
Sec. 571. For the fiscal year ending September 30, 2008, there
is appropriated from the state general fund $1,000,000.00 to the
comprehensive transportation fund created in section 10e of 1951 PA
51, MCL 247.660e, to be used to match federal funds for local bus
capital projects.
DEPARTMENT OF TREASURY
Sec. 601. It is the intent of the legislature that the
department of treasury implement a cigarette stamping program
utilizing new digital stamping technology.
MICHIGAN STRATEGIC FUND
Sec. 610. (1) The appropriation in part 1 of 2007 PA 127 to
the fund for the economic development job training program is
focused on skills businesses need to compete in the twenty-first
century. The purpose of this program is to develop a specific
skill, identified for a particular business that assists that
company to compete in the global economy and to create or retain
high-paying jobs for Michigan residents.
(2) Not more than $800,000.00 of the total appropriation in
part 1 may be expended for administrative costs by the fund. Not
more than 10% of the total grant award may be expended by a
recipient for administration costs.
(3) No funds appropriated in part 1 of 2007 PA 127 to the fund
for the economic development job training program grants may be
expended for the training of permanent striker replacement workers,
unless a strike exceeds 3 years and good faith negotiations are
ongoing.
(4) Of the total funds appropriated in part 1 of 2007 PA 127
for the economic development job training program grants,
$4,500,000.00 of the funds shall be awarded to community colleges
or a consortium of community colleges and other eligible applicants
pursuant to subsection (5). Remaining funds may be awarded to any
of the entities listed in subsection (5) or businesses which create
at least 100 new jobs at a single location in a period not to
exceed 2 years from the date of the grant award.
(5) An applicant may be a school district, intermediate school
district, community college, public or private nonprofit college or
university, nonprofit organization whose primary purpose is to
provide education programs or employment and training services or
vocational rehabilitation programs or school-to-work transition
programs, local workforce development board, the headquarters of a
federal and state-sponsored manufacturing technology center, or a
consortium consisting of any combination of school districts,
intermediate school districts, community colleges, nonprofit
organizations described in this subsection, or public or private
nonprofit colleges or universities described in this subsection or
businesses which meet the criteria set in subsection (4).
(6) On or before October 1, the fund shall publish proposed
application criteria, instructions, and forms for use by eligible
applicants. The fund shall provide at least a 2-week period for
public comment prior to finalization of the application criteria,
instructions, and forms.
(7) The award process will include a simple notice of intent
to be reviewed to see if the application merits further
consideration. If so, a full application may be submitted.
Applications for all grants shall be submitted to the fund, and
each application shall contain at least all of the following:
(a) The name, address, and total number of employees of each
business organization whose employees are receiving job training.
(b) A description of the specific job skills that will be
taught.
(c) A clear statement of the project's scope of activities and
number of participants to be involved.
(d) A commitment to maintain participant records in a form and
manner required by the fund.
(e) A budget which relates to the proposed activities and
various program components.
(8) Priority in the fund's awarding of grants shall be based
on the following criteria:
(a) Demonstrated need for the type of training offered.
(b) Creation and/or retention of high wage and high skilled
level jobs within a predetermined time period. For grants to
businesses permitted under subsection (4), if the business does not
create or retain the number of jobs specified within the
predetermined time period, the business shall reimburse the state
for the amount of the grant equal to the percentage difference
between the number of jobs the business committed to create or
retain and the number actually created or retained. The number of
jobs created and retained will be verified by the business via
audit after the training is completed.
(c) Other criteria determined by the fund to be important.
(9) Participants in the economic development job training
program shall be 16 years or older and not enrolled and counted in
membership in a school district, intermediate school district, or
community college, or any other program funded with state funding.
Any training provider that receives state appropriated funds shall
not include in the enrollment data reported for determining state
aid any student credit hours or student contact hours for a student
who is a participant in the economic development job training
program. Exclusions of these students is intended to avoid payment
of state aid for the same individuals for whom training costs are
paid for through the economic development job training program.
(10) A recipient of a grant under this section shall not
charge tuition or fees to participants in the program funded by the
economic development job training program grant. However, a
nonprofit organization may charge tuition or fees if the tuition
plan or fees are recognized by the state and the nonprofit
organization receives additional funding from other governmental or
private funding sources for its programs.
(11) For training delivered to incumbent workers, the business
receiving the benefit of the training shall provide a minimum of
30% of the program costs in matching funds as necessitated by the
program.
(12) Grant funds shall be expended on a cost reimbursement
basis.
(13) A recipient of a grant under this section shall allow the
fund or the agency's designee to audit all records related to the
grant for all entities that receive money, either directly or
indirectly through a contract, from the grant funds. A grant
recipient or contractor shall reimburse the state for all
disallowances found in the audit. Costs disallowed under subsection
(8)(b) based on the employer job creation and retention
requirements are not the same as the training costs that are
disallowed in this subsection.
(14) The fund shall provide to the state budget director and
the fiscal agencies by November 1 of each year a report on the
economic development job training program grants. The report shall
provide this information for each grant or contract awarded during
the preceding full fiscal year. The report shall contain all of the
following:
(a) The amount and recipient of each grant or contract.
(b) The number of participants under each grant or contract
and the number of new hires who are in training under the grant.
(c) The names, addresses, and total number of employees of all
business organizations for whom training is or will be provided.
(d) The matching funds, if any, to be provided by a business
organization.
(15) As a condition of receiving funds under part 1 of 2007 PA
127, the fund shall not expend any of the economic development job
training program funds to train any employee who is an officer of a
corporation in a corporation employing more than 250 employees.
(16) The Michigan strategic fund shall allocate $500,000.00
for aeronautics certification grants as described in this
subsection. The grants shall be funded from the appropriation in
part 1 for economic development job training grants or work project
funds available for the defense contract coordination center, or
both. The Michigan strategic fund shall report to the senate and
house subcommittees on general government, the fiscal agencies, and
the state budget office by January 15, 2008 on the sources of
funding for this program. $500,000.00 shall be allocated for the
following purposes:
(a) $250,000.00 shall be allocated for aeronautics
certification grants to assist manufacturers in becoming certified
for aerospace manufacturing. Priority shall be given to ISO or TS
certified companies that are members of a state of Michigan
nonprofit, tax-exempt aerospace manufacturers association and have
received a request for quotes or request for proposal from an
aerospace company. Grant awards of up to $10,000.00 shall be given
to a qualifying company seeking such certification. As used in this
section, "ISO" means international organization for standardization
and "TS" means technical specification.
(b) $250,000.00 shall be provided to the Michigan aerospace
manufacturers association, a nonprofit, tax-exempt, aerospace-based
manufacturing association. Funding shall be used for organizational
assistance and to advance and promote the aerospace manufacturing
community in the state of Michigan within the global economy.
Sec. 613. From the funds appropriated in part 1 of 2007 PA 127
to the 21st century jobs fund program, $1,400,000.00 shall be
granted by the Michigan strategic fund board to the Michigan small
business and technology development centers to be used for the
small business technology transfer or small business innovation
research grant or loan matching programs. These funds shall only be
used to provide the required match. Grants or loans under this
section shall not exceed 25% of the federal funds and must leverage
third-party commercialization funding at both the phase I and phase
II levels.
REPEALER
Sec. 701. The following sections are repealed:
(a) Sections 710 and 1717 of 2007 PA 123.
(b) Sections 1002 and 1024 of 2007 PA 127.
(c) Sections 566, 573, 574, 609, 615, 643, 720, 721, 722, 723,
and 726 of 2007 PA 131.