SB-0243, As Passed House, June 23, 2009
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 243
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, 2010; to provide for the
expenditure of those appropriations; 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
Sec. 101. The amounts listed in this part are appropriated for
Senate Bill No. 243 (H-1) as amended June 23, 2009
the department of energy, labor, and economic growth, subject to
the conditions set forth in this act, for the fiscal year ending
September 30, 2010, 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......... 58.5
Full-time equated classified positions...... [4,645.5]
GROSS APPROPRIATION.................................... $ [1,412,674,600]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 29,117,100
ADJUSTED GROSS APPROPRIATION........................... $ 1,383,557,100
Federal revenues:
Total federal revenues................................. [916,466,300]
Special revenue funds:
Total local revenues................................... 15,921,000
Total private revenues................................. 5,214,400
Total other state restricted revenues.................. 400,199,000
State general fund/general purpose..................... $ [45,756,800]
Sec. 102. DEPARTMENTWIDE ADMINISTRATION
Full-time equated unclassified positions......... 58.5
Full-time equated classified positions.......... 153.0
Unclassified salaries.................................. $ 5,474,400
Executive director programs--49.0 FTE positions........ 6,177,700
Regulatory efficiency improvements/backlog reduction
initiative........................................... 475,600
Senate Bill No. 243 (H-1) as amended June 23, 2009
Property management.................................... [11,382,200]
Rent................................................... 15,306,000
Worker's compensation.................................. 844,600
Special project advances............................... 940,000
Administrative services--104.0 FTE positions........... 10,923,300
GROSS APPROPRIATION.................................... $ 51,523,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 300,000
Federal revenues:
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 4,688,900
DOL-ETA, unemployment insurance........................ 11,220,300
DOL-ETA, workforce investment act...................... 830,500
DOL, federal funds..................................... 1,999,100
DOL, multiple grants for safety and health............. 753,900
Federal revenues....................................... 511,600
HHS, titles XVIII and XIX.............................. 333,400
HHS, temporary assistance for needy families........... 43,000
Special revenue funds:
Local revenues......................................... 131,300
Private - special project advances..................... 940,000
Bank fees.............................................. 387,200
Boiler fees............................................ 249,800
Construction code fund................................. 1,088,100
Consumer finance fees.................................. 116,200
Contingent fund, penalty and interest account.......... 842,500
Senate Bill No. 243 (H-1) as amended June 23, 2009
Corporation fees....................................... 4,995,200
Credit union fees...................................... 267,900
Deferred presentment service transaction fees.......... 2,900
Elevator fees.......................................... 264,000
Fees and collections/asbestos.......................... 100,200
Fire service fees...................................... 748,700
Insurance continuing education fees.................... 28,000
Insurance licensing and regulation fees................ 1,521,700
Insurance bureau fund.................................. 828,200
Licensing and regulation fees.......................... 794,200
Liquor license revenue................................. [100,000]
Liquor purchase revolving fund......................... 1,000
MBLSLA fund............................................ 116,400
Mobile home code fund.................................. 257,700
Michigan state housing development authority fees and
charges.............................................. 3,927,800
Motor carrier fees..................................... 206,400
Private occupational school license fees............... 14,000
Public utility assessments............................. 2,170,300
Retired engineers technical assistance program fund.... 343,000
Safety education and training fund..................... 601,100
Second injury fund..................................... 261,800
Securities fees........................................ 2,888,100
Self-insurers security fund............................ 92,100
Silicosis and dust disease fund........................ 114,800
Tax tribunal fees...................................... 177,600
[State restricted funds................................. 4,816,200]
State general fund/general purpose..................... $ [1,448,700]
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 349.0
Administration--35.0 FTE positions..................... $ 7,007,800
Regulatory--314.0 FTE positions........................ 46,695,600
GROSS APPROPRIATION.................................... $ 53,703,400
Appropriated from:
Federal revenues:
Federal regulatory project revenue..................... 50,400
Special revenue funds:
Bank fees.............................................. 7,997,700
Captive insurance regulatory and supervision fund...... 236,900
Consumer finance fees.................................. 4,264,500
Credit union fees...................................... 5,886,000
Insurance continuing education fees.................... 974,200
Insurance licensing and regulation fees................ 4,519,200
Insurance bureau fund.................................. 19,526,500
MBLSLA fund............................................ 4,793,400
Multiple employer welfare arrangement.................. 73,700
Deferred presentment service transaction fees.......... 2,161,700
Securities fees........................................ 3,219,200
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION AND ENERGY
SYSTEMS
Full-time equated classified positions.......... 209.0
Public service commission--191.0 FTE positions......... $ 25,852,400
Bureau of energy systems--18.0 FTE positions........... 6,972,200
Senate Bill No. 243 (H-1) as amended June 23, 2009
GROSS APPROPRIATION.................................... $ 32,824,600
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 4,688,100
DOT-RSPA, gas pipeline safety.......................... 430,000
Special revenue funds:
Private - oil overcharge............................... 30,000
Motor carrier fees..................................... 1,689,100
Public utility assessments............................. 23,709,800
Children's protection registry fund.................... 272,600
Video franchise assessments............................ 400,000
Retire engineers technical assistance program fund..... 1,605,000
State general fund/general purpose..................... $ 0
[Sec. 105. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 152.0
Management support services--28.0 FTE positions........ $ 3,570,800
Liquor licensing and enforcement--124.0 FTE positions.. 12,609,200
GROSS APPROPRIATION.................................... $ 16,180,000
Appropriated from:
Special revenue funds:
Direct shipper enhancement revolving fund.............. 120,000
Liquor license revenue................................. 6,526,500
State restricted funds................................. 9,533,500
State general fund/general purpose..................... $ 0]
Sec. 106. MICHIGAN STATE HOUSING DEVELOPMENT
AUTHORITY
Full-time equated classified positions.......... 266.0
Senate Bill No. 243 (H-1) as amended June 23, 2009
Payments on behalf of tenants.......................... $ 156,000,000
Housing and rental assistance program--266.0 FTE
positions............................................ 37,997,700
Michigan housing and community development fund........ 100
[State historic preservation programs--1.0 FTE positions 200]
GROSS APPROPRIATION.................................... $ 193,997,800
Appropriated from:
Federal revenues:
[DOI-NPS, historic preservation grants-in-aid........... 100]
HUD, lower income housing assistance program........... 156,000,000
Special revenue funds:
Michigan state housing development authority fees and
charges.............................................. 37,997,700
State general fund/general purpose..................... $ [200]
Sec. 107. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 435.0
Code enforcement--120.0 FTE positions.................. $ 13,373,900
Boiler inspection program--25.0 FTE positions.......... 2,803,800
Bureau of fire services--57.0 FTE positions............ 6,537,900
Elevator inspection program--30.0 FTE positions........ 2,984,500
Commercial services--170.0 FTE positions............... 19,662,600
Local manufactured housing communities inspections..... 250,000
Manufactured housing and land resources program--22.0
FTE positions........................................ 3,248,800
Property development group--11.0 FTE positions......... 1,599,500
GROSS APPROPRIATION.................................... $ 50,461,000
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 100,000
IDG from department of state police, homeland security. 709,800
Federal revenues:
FEMA................................................... 28,000
DOT.................................................... 60,000
HHS, titles XVIII and XIX.............................. 700,000
Special revenue funds:
Accountancy enforcement fund........................... 403,600
Boiler fee revenue..................................... 3,216,100
Builder enforcement fund............................... 400,000
Construction code fund................................. 13,247,600
Corporation fees....................................... 5,957,700
Elevator fees.......................................... 3,368,500
Emergency 9-1-1 fund................................... 3,085,200
Fire alarm fees........................................ 101,700
Fire service fees...................................... 1,753,200
Homeowner construction lien recovery fund.............. 1,846,500
Land sales fees........................................ 40,000
Licensing and regulation fees.......................... 10,569,500
Mobile home code fund.................................. 2,828,800
Unarmed combat fund.................................... 49,700
Property development fees.............................. 288,300
Survey and remonumentation fund........................ 723,100
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 272,100
Real estate enforcement fund........................... 350,000
Security business fund................................. 314,600
State general fund/general purpose..................... $ 0
Sec. 108. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 229.0
Occupational safety and health--229.0 FTE positions.... $ 26,805,500
GROSS APPROPRIATION.................................... $ 26,805,500
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 12,487,100
Special revenue funds:
Corporation fees....................................... 3,539,500
Fees and collections/asbestos.......................... 865,900
Safety education and training fund..................... 8,035,000
Securities fees........................................ 1,878,000
State general fund/general purpose..................... $ 0
Sec. 109. BUREAU OF WORKER'S AND UNEMPLOYMENT
COMPENSATION
Full-time equated classified positions........ 1,551.0
Administration--96.6 FTE positions..................... $ 9,349,600
Board of magistrates and appellate commission--19.4
FTE positions........................................ 3,460,000
Wage and hour division--35.0 FTE positions............. 3,167,000
Insurance funds administration--28.0 FTE positions..... 4,692,600
Supplemental benefit fund.............................. 820,000
Unemployment programs--1,302.7 FTE positions........... 129,322,100
Advocacy assistance program............................ 1,500,000
Expanded fraud control program--33.2 FTE positions..... 3,314,400
Special audit and collections program--34.0 FTE
positions............................................ 2,912,700
Training program for agency staff--2.1 FTE positions... 1,813,500
GROSS APPROPRIATION.................................... $ 160,351,900
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 711,700
DOL-ETA, unemployment insurance........................ 119,098,800
Federal Reed act funds................................. 4,494,500
Special revenue funds:
Corporation fees....................................... 3,247,100
Contingent fund, regular penalty and interest account.. 14,557,700
Second injury fund..................................... 2,526,200
Securities fees........................................ 2,438,600
Self-insurers security fund............................ 1,194,500
Silicosis and dust disease fund........................ 971,900
Worker's compensation administrative revolving fund.... 2,397,000
State general fund/general purpose..................... $ 8,713,900
Sec. 110. STATE OFFICE OF ADMINISTRATIVE HEARINGS
AND RULES
Full-time equated classified positions.......... 176.0
Administrative hearings and rules--176.0 FTE positions. $ 24,332,900
GROSS APPROPRIATION.................................... $ 24,332,900
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health................ 1,753,600
IDG from department of corrections..................... 3,549,600
Senate Bill No. 243 (H-1) as amended June 23, 2009
IDG from department of education....................... 1,119,300
IDG from department of environmental quality........... 537,200
IDG from department of human services.................. 5,559,300
IDG from department of management and budget........... 43,300
Federal revenues:
DOL-ETA, unemployment insurance........................ 6,910,500
DOL, multiple grants for safety and health............. 208,500
Special revenue funds:
Construction code fund................................. 301,300
Corporation fees....................................... 385,800
Insurance bureau fund.................................. 357,200
Licensing and regulation fees.......................... 832,000
[ ...................... ]
Liquor purchase revolving fund......................... 1,000
Mobile home code fund.................................. 147,500
Public utility assessments............................. 1,309,600
Safety education and training fund..................... 201,300
Securities fees........................................ 914,400
Tax tribunal fees...................................... 79,300
[State restricted funds................................. 122,200]
State general fund/general purpose..................... $ 0
Sec. 111. INFORMATION TECHNOLOGY
Information technology services and projects........... $ [44,645,600]
GROSS APPROPRIATION.................................... $ 44,645,500
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 21,538,900
DOL, multiple grants for safety and health............. 273,700
Senate Bill No. 243 (H-1) as amended June 23, 2009
Federal revenues....................................... 6,173,500
HHS, temporary assistance for needy families........... 176,300
Special revenue funds:
Bank fees.............................................. 304,500
Boiler fee revenue..................................... 340,500
Construction code fund................................. 957,300
Consumer finance fees.................................. 144,100
Corporation fees....................................... 2,721,400
Credit union fees...................................... 211,100
Deferred presentment service transaction fees.......... 5,700
Elevator fees.......................................... 271,300
Fees and collections/asbestos.......................... 11,000
Fire service fees...................................... 623,500
Insurance bureau fund.................................. 893,500
Insurance continuing education fees.................... 56,700
Land bank fast track fund.............................. 157,500
Licensing and regulation fees.......................... 1,050,100
[ .................... ]
Liquor purchase revolving fund......................... 1,000
MBLSLA fund............................................ 144,200
Mobile home code fund.................................. 82,600
Michigan state housing development authority fees and
charges.............................................. 2,967,200
Motor carrier fees..................................... 120,800
Public utility assessments............................. 937,000
Retired engineers technical assistance program fund.... 23,200
Safety education and training fund..................... 544,300
Senate Bill No. 243 (H-1) as amended June 23, 2009
Second injury fund..................................... 158,600
Securities fees........................................ 1,133,500
Self-insurers security fund............................ 71,500
Silicosis and dust disease fund........................ 61,500
[State restricted funds ................................ 2,489,500]
State general fund/general purpose..................... $ [100]
Sec. 112. WORKFORCE DEVELOPMENT
Full-time equated classified positions.......... 929.5
Employment services--246.0 FTE positions............... $ 48,918,200
Labor market information--52.0 FTE positions........... 6,449,500
Michigan rehabilitation services--513.5 FTE positions.. 70,817,100
Workforce programs administration--61.0 FTE positions.. 12,858,300
Jobs education training program--57.0 FTE positions.... 15,445,000
GROSS APPROPRIATION.................................... $ 154,488,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of human services.................. 15,445,000
Federal revenues:
DAG, employment and training........................... 178,700
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....................... 54,315,700
DED-OSERS, state grants for technical related
assistance........................................... 59,200
DOL-ETA, workforce investment act...................... 7,655,700
DOL, federal funds..................................... 48,882,200
HHS, temporary assistance for needy families........... 3,371,600
HHS-SSA, supplemental security income.................. 3,770,800
Special revenue funds:
Local revenue.......................................... 4,305,900
Local vocational rehabilitation match.................. 2,684,500
Private - gifts, bequests, and donations............... 816,000
Contingent fund, penalty and interest account.......... 1,853,100
Rehabilitation services fees........................... 1,350,300
Second injury fund..................................... 51,500
State general fund/general purpose..................... $ 8,149,900
Sec. 113. CAREER EDUCATION PROGRAMS
Full-time equated classified positions........... 30.0
Postsecondary education--14.0 FTE positions............ $ 2,964,400
Adult education--16.0 FTE positions.................... 2,534,400
GROSS APPROPRIATION.................................... $ 5,498,800
Appropriated from:
Federal revenues:
Federal revenues....................................... 3,867,500
Special revenue funds:
Private occupational school license fees............... 648,500
Defaulted loan collection fees......................... 100,000
State general fund/general purpose..................... $ 882,800
Sec. 114. DEPARTMENT GRANTS
Agriculture economic development....................... $ 100
Adult basic education.................................. 20,000,000
Carl D. Perkins grants................................. 19,000,000
Gear-up program grants................................. 3,000,000
Workforce training programs subgrantees................ 245,388,800
Personal assistance services........................... 459,500
Vocational rehabilitation client services/facilities... 55,919,000
Vocational rehabilitation independent living........... 500
Welfare-to-work programs............................... 107,733,600
Fire protection grants................................. 10,910,500
Low-income energy efficiency assistance................ 90,000,000
Liquor law enforcement grants.......................... 6,600,000
Remonumentation grants................................. 5,300,000
Private grant programs................................. 3,000,000
Michigan nursing corps................................. 1,500,000
GROSS APPROPRIATION.................................... $ 568,812,000
Appropriated from:
Federal revenues:
DAG, employment and training........................... 7,000,000
DED-OESE, gear-up...................................... 3,000,000
DED-OSERS, centers for independent living.............. 100
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 35,378,000
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...................... 225,602,700
DOL, federal funds..................................... 24,425,900
HHS-SSA, supplemental security income.................. 3,480,600
HHS, temporary assistance for needy families........... 72,299,000
Special revenue funds:
Local vocational rehabilitation facilities match....... 1,278,300
Local vocational rehabilitation match.................. 7,000,000
Private - gifts, bequests, and donations............... 300,100
Private revenue........................................ 3,000,000
Contingent fund, penalty and interest account.......... 1,000,000
Corporation fees....................................... 100
Low-income energy efficiency fund...................... 90,000,000
Fire protection fund................................... 8,500,000
Liquor purchase revolving fund......................... 2,410,500
Liquor license revenue................................. 6,600,000
Survey and remonumentation fund........................ 5,300,000
State general fund/general purpose..................... $ 27,182,100
Sec. 115. BOARDS, AUTHORITIES, AND COMMISSIONS
Full-time equated classified positions.......... 165.0
MES board of review program--18.0 FTE positions........ $ 2,445,400
Land bank fast track authority--6.0 FTE positions...... 1,834,400
Commission on Spanish-speaking affairs--2.0 FTE
positions............................................ 259,500
Commission on disability concerns--7.0 FTE positions... 1,157,000
Commission for the blind--96.0 FTE positions........... 24,481,500
Utility consumer representation........................ 950,000
Youth low vision program............................... 241,800
Tax tribunal operations--15.0 FTE positions............ 300
Employment relations and labor relations--21.0 FTE
positions............................................ 3,495,500
GROSS APPROPRIATION.................................... $ 34,865,400
Appropriated from:
Federal revenues:
Federal revenue........................................ 19,659,800
EEOC, federal funds.................................... 10,000
DOL-ETA, unemployment insurance........................ 2,445,400
Special revenue funds:
Private revenues....................................... 128,300
Local revenues......................................... 521,000
Corporation fees....................................... 100
Land bank fast track funds............................. 1,834,400
Securities fees........................................ 3,485,600
State restricted revenues.............................. 635,200
Tax tribunal fees...................................... 100
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 5,195,500
Sec. 116. BUDGETARY SAVINGS
Budgetary savings...................................... $ (5,816,400)
GROSS APPROPRIATION.................................... $ (5,816,400)
Appropriated from:
State general fund/general purpose..................... $ (5,816,400)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Senate Bill No. 243 (H-1) as amended June 23, 2009
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 2009-2010 is [$445,955,900.00] and state
spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $41,495,200.00. 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................................. $ 10,910,500
Liquor law enforcement................................. 6,600,000
Local manufactured housing inspections................. 250,000
Remonumentation grants................................. 5,300,000
Fire fighters training council......................... 100
Welfare to work........................................ 18,434,600
Total department of energy, labor, and economic
growth............................................... $ 41,495,200
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) "DOL-ODEP" means the DOL office of disability employment
policy.
(n) "DOT" means the United States department of
transportation.
(o) "DOT-RSPA" means the DOT research and special programs
administration.
(p) "EEOC" means equal employment opportunity commission.
(q) "FEMA" means federal emergency management agency.
(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) "MSHDA" means Michigan state housing development
authority.
(dd) "SOAHR" means the state office of administrative hearings
and rules.
(ee) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the 1%
charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
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. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure that businesses in deprived and depressed communities
compete for and perform contracts to provide services or supplies,
or both. The director shall strongly encourage firms with which the
department contracts to subcontract with certified businesses in
depressed and deprived communities for services, supplies, or both.
Sec. 211. The department shall establish and maintain
affirmative action programs based on the guidelines developed by
the state equal opportunity and diversity council which was created
by Executive Order No. 2008-22 in order to receive general
fund/general purpose dollars in compliance with section 26 of
article I of the state constitution of 1963.
Sec. 213. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of information technology for technology-
related services and projects. Such user fees shall be subject to
provisions of an interagency agreement between the departments and
agencies and the department of information technology.
Sec. 215. (1) The department shall report no later than April
1, 2010 on each specific policy change made to implement a public
act affecting the department that took effect during the prior
calendar year to the house and senate appropriations subcommittees
on the budget for the department, the joint committee on
administrative rules, and the senate and house fiscal agencies.
(2) Funds appropriated in part 1 shall not be used by the
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel for the fiscal year ending September 30,
2010 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) If out-of-state travel is necessary but does not meet 1 or
more of the conditions in subsection (1), the state budget director
may grant an exception to allow the travel. Any exceptions granted
by the state budget director shall be reported on a monthly basis
to the senate and house of representatives standing committees on
appropriations.
(3) Not later than January 1 of each year, 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.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those activities that the
attorney general authorizes.
Sec. 222. The department shall review the determinations of
the legislative commission on governmental efficiency for
applicability to the operations of the department and the estimated
costs and benefits of implementing the recommendations.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $31,000,000.00 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 $26,000,000.00 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 $8,200,000.00 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. 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.
Sec. 226. Not later than October 15, 2010, the department
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the fiscal year. This report shall summarize the projected
year-end general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house appropriations committees, and the fiscal
agencies.
Sec. 227. The department shall sell documents at a price not
to exceed the cost of production and distribution. Money received
from the sale of these documents shall revert to the department.
The funds are available for expenditure when they are received by
the department of treasury and may only be used for costs directly
related to the continued updating and distribution of the documents
pursuant to this section. This section applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
Senate Bill No. 243 (H-1) as amended June 23, 2009
(b) The subdivision control manual, the state boundary
commission operations manual, and other local government assistance
manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301
to 125.2349; the business corporation act, 1972 PA 284, MCL
450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,
MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA
265, MCL 451.501 to 451.818.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) Copies of transcripts from administrative law hearings.
Sec. 229. Appropriation authorization adjustments required due
to negative appropriations for budgetary savings shall be made only
after the approval of transfers by the legislature under section
393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
[Sec. 230. From the funds appropriated in part 1, the department shall use an amount not to exceed $10,000.00 to develop, post, and maintain, on a publicly accessible Internet site, all expenditures made by the department within a fiscal year. The posting shall include the purpose for which each expenditure is made. The department is not required to hire additional employees in order to comply with this section.]
REGULATORY
Sec. 301. The appropriation in part 1 for fire protection
grants from the liquor purchase revolving fund and the fire
protection fund shall be appropriated to cities, villages, and
townships with state-owned facilities for fire services, instead of
taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956.
Sec. 301a. 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, 2010, covering the state fiscal years ending September
30, 2008 and September 30, 2009, and a report no later than January
1, 2011 covering the state fiscal year ending September 30, 2010.
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. 302a. The bureau of fire services shall work with the
fire safety board and interested stakeholders to recommend to the
governor and the legislature a schedule of fees to be charged by
the bureau for acts and services performed by the bureau,
including, but not limited to, inspections, review of plans and
specifications, issuance of certificates of acceptability, testing
and evaluation of new products, methods, and processes of
construction or alteration, inspection of construction and
alteration, inspection of construction undertaken pursuant to a
permit, the issuance of certificates of use and occupancy, and the
hearing of appeals. The fee schedule proposed by the bureau shall
bear a direct relationship to the cost of the service or act,
including overhead expenses. The bureau shall submit a report to
the state budget office, the fiscal agencies, and the subcommittees
detailing the recommended fee schedule no later than January 15,
2010. The report shall also recommend the necessary statutory and
administrative rule changes necessary to implement the recommended
fee schedule. It is the intent of the legislature that the
recommended fee schedule be included as part of the executive
budget recommendation for the fiscal year ending September 30,
2011.
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. The department shall
submit a report on an annual basis to the state budget director and
the subcommittees on the amount of funds available under this
section.
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. The department shall submit
an annual report on or before December 1 of each year to the state
budget director and the subcommittees that states the amount of
revenue received from the sale of information.
Sec. 320. If the revenue collected by the department from
licensing and regulation fees collected by the office 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. 321. The department may resume printing the real estate
law and rules book (red book). The red book shall include, but is
not limited to, real estate laws and regulations and related
statutes. The red book will be provided at no charge to actively
licensed real estate brokers, associate brokers, and salespersons.
Any other party seeking a copy of the red book may purchase the
book from the bureau of commercial services at the bureau's cost to
produce the book or may print the bureau's Internet version of the
red book at no cost.
Sec. 322. The real estate education fund created in section 37
of the state license fee act, 1979 PA 152, MCL 338.2237, and
administered by the department shall allow prelicensure and
postlicensure education to be delivered through online courses by a
community college, university, or private school, after licensure
and approval by the department. Expenditures from this fund may
also be made to support department grants for educational providers
to establish online courses that would be made available to
students throughout the year.
Sec. 323. Of the funds appropriated in part 1 for the
department, up to $200,000.00 may be used for administration and
enforcement of unarmed combat regulation in Michigan.
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. 332. No later than October 1, 2009, the department shall
complete the request for proposal process for the modernization of
the unemployment insurance computer system and be in the process of
awarding and approving the contract for computer system
modernization.
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 by July 1, 2010.
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
are 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 $40,000.00 shall be allocated to
nonprofit organizations representing the aggregate industry in
Michigan.
Sec. 350. 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. 351. It is the intent of the legislature that the SOAHR
work with the center for civil justice to implement and maintain a
system of public access to Medicaid, cash, emergency, and food
assistance decisions and orders via the Internet.
Sec. 352. The department shall report by October 31, 2010,
regarding the teacher tenure cases considered by the SOAHR. The
department shall report the number of cases that have been filed
and are waiting final disposition as of September 30, 2009 and
September 30, 2010.
Sec. 360. The video franchise assessment fund is created
within the state treasury and shall receive revenue as provided in
the uniform video services local franchise act, 2006 PA 480, MCL
484.3301 to 484.3314. All interest and earnings of the fund may be
retained by the fund per the direction of the state treasurer.
Money in the fund at the close of the fiscal year may carry forward
to the new fiscal year and be used as the first source of funds in
the subsequent fiscal year.
Sec. 361. (1) The public service commission shall implement a
process for the low-income energy efficiency fund grants that shall
require an application deadline of May 1 and the award
announcements on October 1 of each year.
(2) The public service commission shall report by November 1,
2009 to the subcommittees, the state budget office, and the fiscal
agencies on the distribution of funds appropriated in part 1 for
the low-income/energy efficiency assistance program.
Sec. 364. The appropriation in part 1 for agriculture economic
development is for an interdepartmental grant to the Michigan
department of agriculture to foster and promote growth in the food
and agriculture sector. By September 30, 2010, the department and
the department of agriculture shall report to the subcommittees,
the fiscal agencies, and the state budget director on the use of
these funds and how the funds facilitated further growth in the
food and agriculture sector.
Sec. 366. It is the intent of the legislature that the
metropolitan extension telecommunications rights-of-way oversight
authority established in section 3 of the metropolitan extension
telecommunications rights-of-way oversight act, 2002 PA 48, MCL
484.3103, be transferred to, and organized within, the public
service commission.
Sec. 368. No later than March 1, 2010, the department shall
submit a report to the state budget office, the fiscal agencies,
and the subcommittees, providing expenditure and revenue data and
statistical data on licensing and regulatory activities of the
bureau of commercial services and the bureau of construction codes
during the fiscal years ending September 30, 2008 and September 30,
2009. To the extent possible, the data required shall be reported
for each individual occupation, trade, or industry regulated.
Sec. 370. Local units of government receiving liquor law
enforcement grant funds in accordance with section 543 of the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1543,
shall submit a report to the liquor control commission detailing
the expenditures made by the local unit in enforcing the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303,
and rules promulgated under that act. Local units shall also
provide a report to the liquor control commission listing, for the
local unit's most recently completed fiscal year, each liquor-
related fee imposed by the local unit and the amount of revenue
generated by each fee. Both reports required by this section shall
be due to the liquor control commission not later than February 15,
2010.
Sec. 372. The Michigan tax tribunal shall work with interested
stakeholders to recommend to the governor and the legislature a
schedule of fees to be charged by the tribunal to sufficiently meet
the expenses of the tribunal. The fee schedule recommended by the
tribunal shall include, but not be limited to, filing fees for all
cases heard before the entire tribunal and the small claims
division, including disputes involving principal residences. The
tribunal shall submit a report to the state budget office, the
fiscal agencies, and the subcommittees detailing the recommended
fee schedule no later than January 15, 2010. The report shall also
recommend the necessary statutory and administrative rule changes
necessary to implement the recommended fee schedule. It is the
intent of the legislature that the tribunal continue the processing
of the rule, as that term is defined in section 5 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.205,
relative to the fee schedule established in proposed administrative
rules 2006-069 LG, in order to expeditiously implement a revised
fee schedule in the fiscal year ending September 30, 2010. It is
further the intent of the legislature that the recommended fee
schedule be included as part of the executive budget recommendation
for the fiscal year ending September 30, 2011.
OFFICE OF FINANCIAL AND INSURANCE REGULATION
Sec. 401. In addition to the funds appropriated in part 1, the
funds collected by the office of financial and insurance regulation
in connection with a conservatorship pursuant to section 32 of the
mortgage brokers, lenders, and servicers licensing act, 1987 PA
173, MCL 445.1682, shall be appropriated for all expenses necessary
to provide for the required services. Funds are available for
expenditure when they are received by the department of treasury
and shall not lapse to the general fund at the end of the fiscal
year.
Sec. 402. 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, shall be appropriated for all expenses
necessary to provide for the required services. Funds are available
for expenditure when they are received by the department of
treasury and shall not lapse to the general fund at the end of the
fiscal year.
Sec. 403. (1) The department shall allocate funds to promote
awareness of the right of a policyholder, subscriber, member,
enrollee, or other individual participating in a health benefit
plan, after the covered person has exhausted the health carrier's
internal grievance process provided for by law, to request an
external review for an adverse determination.
(2) As used in this section, "covered person" means that term
as defined in section 3 of the patient's right to independent
review act, 2000 PA 251, MCL 550.1903.
Sec. 405. The department shall provide the subcommittees,
fiscal agencies, and state budget director with a report on or
before December 1 outlining actual expenditures for the last
completed fiscal year for each division within the office of
financial and insurance regulation.
HOUSING AND COMMUNITY DEVELOPMENT
Sec. 501. (1) From the funds appropriated in part 1 to the
Michigan housing and community development fund, $100.00 is hereby
appropriated from the fund to the Michigan state housing
development authority (MSHDA) for projects as described in sections
58c and 58d of the state housing development authority act of 1966,
1966 PA 346, MCL 125.1458c and 125.1458d.
(2) It is the intent of the legislature that not less than
$100.00 of available federal revenue from the American recovery and
reinvestment act of 2009 and/or the national affordable housing
trust fund shall be allocated for eligible purposes of the Michigan
housing and community development fund and distributed according to
sections 58c and 58d of the state housing development act of 1966,
1966 PA 346, MCL 125.1458c and 125.1458d.
(3) MSHDA shall report by May 1 to the subcommittees, fiscal
agencies, and the state budget director on the status of the
projects described in subsections (1) and (2), including the
statewide allocation plan, number of applicants, amounts requested,
description of projects, amounts awarded, 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.
Sec. 502. MSHDA shall annually present a report to the state
budget office and the subcommittees on the status of the
authority's housing production goals under all financing programs
established or administered by the authority. The report shall give
special attention to efforts to raise affordable multifamily
housing production goals.
Sec. 503. The department and MSHDA shall report to the
subcommittees, the state budget director, and the fiscal agencies
by December 1 on the status of the loans entered into by the
Michigan broadband development authority.
Sec. 504. MSHDA shall provide a report to the subcommittees,
the fiscal agencies, and the state budget director by December 1 on
the cities of promise blight elimination program. The report shall
include:
(a) The amount awarded to each designated city.
(b) A description of the projects in each designated city.
(c) The amount of private or local funds that were used as
match for these projects.
Sec. 510. In addition to the amounts appropriated in part 1
for the administration of the land bank fast track authority, the
authority may expend revenues received under the land bank fast
track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes
authorized by the act including, but not limited to, the
acquisition, lease, management, demolition, maintenance, or
rehabilitation of real or personal property, payment of debt
service for notes or bonds issued by the authority, and other
expenses to clear or quiet title property held by the authority.
MICHIGAN REHABILITATION SERVICES AND MICHIGAN COMMISSION FOR THE
BLIND
Sec. 601. The Michigan career and technical institute may
receive equipment and in-kind contributions for the direct support
of staff services through the Pine Lake fund, the Delton-Kellogg
school district or other local or intermediate school district, or
any combination of local or intermediate school districts in
addition to those authorized in part 1.
Sec. 602. The Michigan rehabilitation service shall make every
effort to ensure that all sources of matching funds in this state
are used to obtain federal vocational rehabilitation funds. All
sources include, but are not limited to, privately raised funds to
support public nonprofit rehabilitation centers as permitted by the
rehabilitation act of 1973, Public Law 93-112.
Sec. 603. The local match requirements for vocational
rehabilitation facilities establishment grants shall not exceed
21.3% for the fiscal year ending September 30.
Sec. 604. (1) Of the funds appropriated in part 1 for
vocational rehabilitation independent living, all general
fund/general purpose revenue not used to match federal funds shall
be used for the support of centers for independent living that are
in compliance with federal standards for such centers, for
technical assistance to centers, by existing sites to assist in
serving underserved areas, and for projects to build capacity of
centers to deliver independent living services. Applications for
such funds shall be reviewed in accordance with criteria and
procedures established by the statewide independent living council,
the Michigan rehabilitation services unit within the department,
and the Michigan commission for the blind. Funds must be used in a
manner consistent with the priorities established in the state plan
for independent living. The department is directed to work with the
Michigan disability network and the local workforce development
boards to identify other competitive sources of funding.
(2) As a condition of receipt of funds appropriated in part 1,
the statewide independent living council and the Michigan
disability network shall jointly produce a report providing the
following information:
(a) Results in terms of enhanced statewide access to
independent living services to individuals who do not have access
to such services through other existing public agencies, including
measures by which these results can be monitored over time. These
measures shall include:
(i) Total number of persons assisted by the centers and a
comparison to the number assisted in the previous year.
(ii) Number of persons moved out of nursing homes into
independent living situations and a comparison to the number
assisted in the previous year.
(iii) Number of persons for whom accommodations were provided to
enable independent living or access to employment and a comparison
to the number assisted in the previous year.
(iv) The total number of disabled individuals served by
personal care attendants and the number of personal care attendants
provided through the use of any funds appropriated in part 1
administered by a center for independent living and a comparison to
the number served in the previous year.
(b) Information from each center for independent living
receiving funding through appropriations in part 1 detailing their
total budget for their most recently completed fiscal year as well
as the amount within that budget funded through the vocational
rehabilitation independent living grant program referenced in part
1, the total amount funded through other state agencies, the amount
funded through federal sources, and the amount funded through local
and private sources.
(c) Savings to state taxpayers in other specific areas that
can be shown to be the direct result of activities funded from the
vocational rehabilitation independent living grant program during
the most recently completed state fiscal year.
(3) The report required in subsection (2) shall be submitted
to the subcommittees, the fiscal agencies, and the state budget
director on or before January 30.
Sec. 604a. The corporation fees appropriated in part 1 for
vocational rehabilitation independent living shall be allocated to
those centers for independent living in the state that do not
receive core funding under title VII, part C, of the federal
rehabilitation act of 1973, in the same amount that each of the
eligible centers for independent living received in the prior
fiscal year.
Sec. 610. (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.
(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. 611. The Michigan commission for the blind shall work
collaboratively with service organizations and government entities
to identify qualified match dollars to maximize use of available
federal funds.
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 prior to using any funds appropriated in
part 1 to purchase low-vision devices or equipment for an
individual.
CAREER EDUCATION
Sec. 701. From the appropriations in part 1, the department is
appropriated an amount not to exceed $100,000.00 from collection of
defaulted loans under the future faculty program in the Martin
Luther King, Jr. - Cesar Chavez - Rosa Parks programs to offset
costs of administering the loan collections.
WORKFORCE DEVELOPMENT
Sec. 801. The department shall administer the jobs, education,
and training program in accordance with the requirements of the
social security act, title IV, section 407(d), the state social
welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other
applicable laws and regulations.
Sec. 802. (1) Using all relevant state data sources, the
department shall conduct a 3-year longitudinal study of all former
work first and jobs, education, and training participants, whose
department of human services program cases closed due to earnings
during fiscal year 1999 and in succeeding fiscal years. The data
will include the following:
(a) The number and percentage employed.
(b) The average hourly wage of those employed.
(c) The current hourly wage of those employed.
(d) The range of wages earned by those employed.
(e) The number of individuals that earned each wage amount.
(f) The number and percentage receiving health care benefits
from their employer.
(g) The number and percentage receiving tuition reimbursement
from their employer.
(h) The number and percentage receiving training benefits from
their employer.
(i) The type of jobs obtained by former participants in
general categories.
(j) The length of time former participants have retained their
jobs, or if participants have had more than 1 job, the length of
time employed at each job.
(k) The number and percentage continuing to receive any type
of public assistance.
(l) If the former recipient has children, whether the children
are enrolled in and attending school.
(m) The extent to which the former participant feels that he
or she and his or her family are better off now than when he or she
was on cash assistance with regard to household income, housing,
food and nutritional needs, child health care, and access to health
insurance coverage.
(2) The department shall notify the subcommittees, fiscal
agencies, and state budget director electronically by March 15 of
the location of the Internet site where the report containing the
identified data is located.
(3) The department shall cooperate with the department of
human services in formulating and acquiring the identified data.
(4) The department may retain a third party to conduct the
studies to obtain the data identified under this section.
Sec. 803. (1) The department shall use all relevant data
sources available to compile data on participants in the jobs,
education, and training program. The report shall include the
following:
(a) How many participants were enrolled in training.
(b) How many participants completed training.
(c) How many participants completed training and were employed
as a result of that training.
(d) How many cases were closed.
(e) How many cases were referred to Michigan rehabilitation
services.
(f) How many case referrals were opened for service by
Michigan rehabilitation services.
(2) Data collection shall be for the period October 1, 2009
through September 30, 2010.
(3) The report shall be submitted by March 1 to the
subcommittees and the fiscal agencies.
(4) The department shall cooperate with the department of
human services in formulating and acquiring the identified data.
(5) The department may retain a third party to conduct the
studies to obtain data identified under this section.
Sec. 810. State and federal funds allocated to local workforce
development boards for disbursement shall not be expended unless
the local workforce development boards maintain a partnership with
governmental agencies, public school districts, and public colleges
located within the local service delivery area. Each board shall
appoint an education advisory group made up of high-level
administrators within local educational institutions, workforce
development board members, other employers, labor, academic
educators, parents of public school pupils, and, at the board's
discretion, representatives of organizations that provide school-
based curriculum and youth programs focusing on entrepreneurship,
work-readiness skills, and financial literacy.
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 shall have 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 shall 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. (1) 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.
(2) The department shall report by January 15 to the
subcommittees, the fiscal agencies, and the state budget office on
the amount by fiscal year of federal workforce investment act funds
appropriated under this section.
Sec. 813. Of the funds appropriated in part 1 for workforce
training program subgrantees, $200,000.00 shall be allocated for
not more than 1 grant for the expansion of an existing innovative,
employer lead, private/public workforce development program. Grants
may be used for program operating expenses such as staffing, rent,
equipment, and other expenses. To be eligible for this grant
funding, a program must meet the following criteria:
(a) Focus on retaining low-wage workers receiving public
assistance.
(b) Meet or exceed 80% retention rate.
(c) Include more than 1 employer.
(d) Employer-sited department of human services caseworker.
(e) Receive Federal TANF to pay for 50% of on-site caseworker.
(f) Employer must contribute 50% of on-site department of
human services worker costs.
(g) Provide life skill and skills training toward advancing
workers to mid-skill jobs.
(h) Has regional impact across more than 3 counties.
(i) Include strategic partnerships with counties, community
colleges, and other nonprofits.
Sec. 814. It is the intent of the legislature that the
department work with career alliance and other interested Michigan
works! agencies to implement the career prep program developed
pursuant to section 437 of 2007 PA 118.
Sec. 815. The department may utilize a portion of the funds
distributed to local Michigan works! agencies for redistribution to
local libraries that serve as Michigan works! access points,
service centers, local partners, and local libraries serving high-
demand service areas or underserved areas.
Sec. 816. (1) From the funds appropriated in part 1 in the
line item for workforce training programs subgrantees, not less
than $5,000,000.00 of federal funds and not more than $360,200.00
general fund/general purpose revenue shall be allocated to Focus:
HOPE.
(2) As a condition for receipt of the funds allocated in
subsection (1), Focus: HOPE shall submit a report on the use of the
grant's funds appropriated in the prior fiscal year to the chairs
of the subcommittees, the fiscal agencies, and the state budget
director that includes, but is not limited to, the following:
(a) Detailed expenditures for administration including
salaries and wages of employees.
(b) Amount allocated for education and training programs
including number of students served by each program.
(c) Amount allocated for job search assistance and career
planning including the number of students served by each program.
(d) Detailed expenditures for any contracts entered into with
the use of these funds.
(e) Detailed expenditures for any program enhancements
including number of new hires and capital expenditures.
(3) The report shall be submitted on or before January 31.
Sec. 820. By December 1, 2009, the department shall submit a
report to the state budget director, the senate and house
appropriations committees, and the fiscal agencies on the status of
nursing education in Michigan. The report shall include, but is not
limited to, the number of nursing degree programs offered at
Michigan public and private nursing education institutions, the
type of nursing degrees and certificates offered (practical nurse,
associate, bachelor's, master's, doctoral), the number of Michigan
board of nursing approved nursing seats for nursing students, the
number and type of faculty needed to maintain and expand nursing
education, and any barriers there may be to the employment of more
nurses in the state of Michigan.
Sec. 821. (1) From the appropriation in part 1 for the
Michigan nursing corps, grants shall be awarded to Michigan
institutions of higher education consisting of public 4-year
institutions, public 2-year institutions, independent colleges and
universities, and tribally controlled community colleges with
existing, accredited nursing baccalaureate or postgraduate
education programs. The purpose of the grants is to prepare
registered nurses and increase the number of nursing faculty. The
department may also award grants on a cash or in-kind matching
basis to licensed hospitals that agree to provide nurse educators
and related clinical training to additional student nurses in
partnership with institutions of higher education described in this
subsection. Awards shall be made in a manner and form as determined
by the department, in collaboration with the department of
community health.
(2) One or more grants may be awarded to educational
institutions for preparation of additional nurse faculty in
programs that meet 1 or more of the following:
(a) Preparation of master's-degreed nursing faculty in a
nationally accredited, accelerated program. Grants for this program
may include program tuition, a stipend for student living expenses,
and other education-related costs.
(b) Preparation of doctoral-degreed nursing faculty in an
accelerated program within an existing, accredited doctor of
philosophy in nursing program or a doctorate of nursing practice
program. Participants must be currently enrolled doctoral students
who will be able to complete their doctoral degree program within 2
years. Grants for this program may include program tuition, a
stipend for student living expenses, and other education-related
costs.
(c) Preparation of clinical instructors for nursing education
programs. A common statewide curriculum will be developed by a
consortium of the grantee institutions. The program shall include
classroom instruction plus a practicum with students and patients.
This program shall require collaborative agreements between nursing
education programs and hospitals. It is expected that each graduate
will provide clinical instruction for at least 1 cohort of nursing
students per year.
(3) A program receiving a grant under subsection (2) shall
provide that eligible participating students under subsection (2)
are registered nurses willing to participate full-time in
accredited programs and become employed in Michigan as nursing
faculty or clinical instructors for a minimum number of years, as
determined by the department of community health, upon completion
of the program. The department of community health shall establish
procedures for recovery of funds from students who do not remain
employed in Michigan for the prescribed time period.
(4) One or more grants may be awarded for preparation of
registered nurses in accredited, accelerated bachelor's in nursing
programs. These programs shall be targeted toward Michigan workers
who have been displaced from employment and who possess a
bachelor's degree in a science-related area. Grants for this
program may include program tuition, a stipend for student living
expenses, and other education-related costs.
(5) Program management, data management, and evaluation for
these projects shall be the responsibility of the department of
community health, in collaboration with the department.
(6) The department and the department of community health
shall work to increase the amount of federal funds for nurse
education available to the state, eligible grantees described in
subsection (1), and nursing students.
(7) The funds appropriated in part 1 for the Michigan nursing
corps are designated as work project appropriations and shall not
lapse at the end of the fiscal year. Any unencumbered and
unexpended funds shall continue to be available for the expenditure
of grants until the project has been completed. The total cost of
the work project is estimated at $1,500,000.00 and the tentative
completion date is September 30, 2011.
Sec. 830. (1) Of the funds appropriated in part 1 for the
workforce training programs subgrantees, the department shall
provide a report by December 15, 2010 to the house and senate
chairs of the subcommittees, the state budget director, and the
fiscal agencies on the status of the no-worker-left-behind program.
The report shall include the following:
(a) The amount of funding allocated to each Michigan works!
agency and the total funding allocated to the no-worker-left-behind
program statewide by fund source.
(b) The number of participants enrolled in the program by each
Michigan works! agency.
(c) The average duration of training for program participants
by each Michigan works! agency.
(d) The number of participants enrolled in remedial education
programs and the number of participants enrolled in literacy
programs.
(e) The number of participants enrolled in programs at 2-year
institutions.
(f) The number of participants enrolled in 4-year
institutions.
(g) The number of participants enrolled in proprietary schools
or other technical training programs.
(h) The number of participants that have completed education
or training programs.
(i) The number of participants who secured employment in
Michigan within 1 year of completing a no-worker-left-behind
training program.
(j) The number of participants who completed a no-worker-left-
behind training program and secured employment in a field related
to their training.
(k) The average wage earned by participants who completed a
no-worker-left-behind training program and secured employment
within 1 year.
(2) Data collection for the report shall be for the period
October 1, 2009 through September 30, 2010.
Sec. 831. (1) Of the funds appropriated in part 1 for
workforce training programs subgrantees, $5,000,000.00 general
fund/general purpose revenue shall be used for the no-worker-left-
behind program, to be allocated for the following purposes as
determined by the department:
(a) To provide adult basic education, remedial education, or
other training for individuals not ready for postsecondary
education, in order to prepare these individuals for postsecondary
training and new careers.
(b) To increase the capacity of community colleges and other
public associate's degree-granting institutions in this state to
provide education and training to individuals receiving assistance
under the program. Funding shall be provided to these educational
institutions based on a competitive bidding process. The department
shall establish criteria for awarding grants pursuant to the
competitive bidding process that shall include all of the
following:
(i) Collaboration among multiple educational institutions.
(ii) The expansion of online learning opportunities.
(iii) Collaboration among employers, employer organizations, and
local workforce investment boards.
(iv) The expansion of existing programs or creation of new
programs to meet existing or emerging training needs.
(v) A requirement that grant proposals include projected
specific program outcomes.
(c) To provide individuals with direct training in in-demand
occupations, as determined by local workforce investment boards.
These funds shall be distributed to local Michigan works! agencies
based on demonstrated need. In distributing these funds, the
department shall ensure funds are used for individuals who are
ready for training in in-demand occupations and for whom training
slots are available. Any Michigan works! agency receiving these
funds shall reserve a portion, or otherwise assure that it has
sufficient resources, to pay for the full course of approved
training for each individual served.
(2) The department shall convene a workgroup composed of
individuals with expertise in adult education, community college
leaders, and other interested parties to develop plans to increase
collaboration among all parties involved in adult education.
(3) The department shall develop a data collection system that
provides information on a real-time basis on available training for
the top 50 occupations requiring postsecondary education that are
most in demand by Michigan employers.
(4) In distributing funds for worker training and education,
the department shall seek to maximize participation among food
stamp recipients in order to obtain matching funds under the
federal food stamp employment and training program established
under chapter 51, title 7 of the United States Code, 7 USC 2011, et
seq. The department shall also distribute funds in a manner that
leverages other federal funds as well as funds from private and
local sources.
(5) No later than March 1, the department shall submit a
report to the senate and house of representatives standing
committees on appropriations, the fiscal agencies, and the state
budget office on the distribution of the $5,000,000.00 general
fund/general purpose appropriation. The report shall include:
(a) The total amount distributed under subsection (1)(a) and
(c) by Michigan works! agency.
(b) The total amount distributed under subsection (1)(b) by
community colleges.
(c) The balance remaining in the work project account.
(d) Detailed information on the number of food stamp
recipients receiving training and education assistance, and the
amount of federal funds leveraged through the food stamp employment
and training program.
(6) The $5,000,000.00 general fund/general purpose revenue
appropriated in part 1 for the no-worker-left-behind program is
designated as work project appropriations and shall not lapse at
the end of the fiscal year. Any unencumbered and unexpended funds
shall continue to be available for expenditure until September 30,
2011.
Sec. 832. The department shall ensure that school districts
and career preparation programs operated by school districts are
eligible education providers under the no-worker-left-behind
program and programs funded by the federal workforce investment
act.