SB-0243, As Passed Senate, April 1, 2009
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
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........ 4,646.5
GROSS APPROPRIATION.................................... $ 1,432,922,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 29,117,100
ADJUSTED GROSS APPROPRIATION........................... $ 1,403,805,700
Federal revenues:
Total federal revenues................................. 917,336,200
Special revenue funds:
Total local revenues................................... 15,921,000
Total private revenues................................. 5,314,300
Total other state restricted revenues.................. 399,803,500
State general fund/general purpose..................... $ 65,430,700
Sec. 102. DEPARTMENTAL 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
Property management.................................... 11,382,100
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, temporary assistance for needy families........... 333,400
HHS, titles XVIII and XIX.............................. 43,000
Special revenue funds:
Private - special project advances..................... 940,000
Local revenues......................................... 131,300
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
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......................... 4,817,200
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
Public utility assessments............................. 2,170,300
Private occupational school license fees............... 14,000
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 general fund/general purpose..................... $ 1,448,600
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 349.0
Administration--35.0 FTE positions..................... $ 7,007,800
Regulatory compliance and consumer assistance--99.0
FTE positions........................................ 15,743,400
Financial evaluation--215.0 FTE positions.............. 30,952,200
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
Deferred presentment service transaction fees.......... 2,161,700
Insurance bureau fund.................................. 19,526,500
Insurance continuing education fees.................... 974,200
Insurance licensing and regulation fees................ 4,519,200
MBLSLA fund............................................ 4,793,400
Multiple employer welfare arrangement.................. 73,700
Securities fees........................................ 3,219,200
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION AND ENERGY
SYSTEMS
Full-time equated classified positions.......... 204.0
Public service commission--184.0 FTE positions......... $ 25,019,300
Bureau of energy systems--18.0 FTE positions........... 6,972,200
Children's protection registry administration--2.0
FTE positions........................................ 272,600
GROSS APPROPRIATION.................................... $ 32,264,100
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
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 1,689,100
Public utility assessments............................. 23,149,300
Retired engineers technical assistance program fund.... 1,605,000
Video franchise assessments............................ 400,000
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
Liquor purchase revolving fund......................... 9,533,500
State general fund/general purpose .................... $ 0
Sec. 106. MICHIGAN STATE HOUSING DEVELOPMENT
AUTHORITY
Full-time equated classified positions.......... 266.0
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........ 2,163,400
GROSS APPROPRIATION.................................... $ 196,161,100
Appropriated from:
Federal revenues:
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..................... $ 2,163,400
Sec. 107. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 435.0
Boiler inspection program--25.0 FTE positions.......... $ 2,803,800
Fire marshal program--5.0 FTE positions................ 444,800
Firefighters training council--8.0 FTE positions....... 1,716,700
Fire safety program funding--44.0 FTE positions........ 4,376,400
Code enforcement--120.0 FTE positions.................. 13,373,900
Commercial services--170.0 FTE positions............... 19,662,600
Elevator inspection program--30.0 FTE positions........ 2,984,500
Local manufactured housing communities inspections..... 250,000
Manufactured housing and land resources
program--22.0 FTE positions.......................... 3,248,900
Property development group--11.0 FTE positions......... 1,599,500
GROSS APPROPRIATION.................................... $ 50,461,100
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:
DOT.................................................... 60,000
FEMA................................................... 28,000
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
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.................................. 2,828,900
Property development fees.............................. 288,300
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 272,100
Real estate enforcement fund........................... 350,000
Survey and remonumentation fund........................ 723,100
Security business fund................................. 314,600
Unarmed combat fund.................................... 49,700
State general fund/general purpose..................... $ 3,085,200
Sec. 108. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 229.0
Occupational safety and health--229.0 FTE positions.... $ 26,705,500
GROSS APPROPRIATION.................................... $ 26,705,500
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 12,487,100
Special revenue funds:
Corporation fees....................................... 3,439,500
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
Special audit and collections program--34.0 FTE
positions............................................ 2,912,700
Training program for agency staff--2.1 FTE positions... 1,813,500
Expanded fraud control program--33.2 FTE positions..... 3,314,400
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.......... 178.0
Administrative hearings and rules--178.0 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
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......................... 123,200
Manufactured housing commission fees................... 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 general fund/general purpose..................... $ 0
Sec. 111. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 44,645,500
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
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 continuing education fees.................... 56,700
Insurance bureau fund.................................. 893,500
Land bank fast-track fund.............................. 157,500
Licensing and regulation fees.......................... 1,050,100
Liquor purchase revolving fund......................... 2,490,500
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
Second injury fund..................................... 158,600
Securities fees........................................ 1,133,500
Self-insurers security fund............................ 71,500
Silicosis and dust disease fund........................ 61,500
State general fund/general purpose..................... $ 0
Sec. 112. WORKFORCE DEVELOPMENT
Full-time equated classified positions.......... 929.5
Employment services--246.0 FTE positions............... $ 48,918,200
Jobs education training program--57.0 FTE positions.... 15,445,000
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
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-SSA, supplemental security income.................. 3,770,800
HHS, temporary assistance for needy families........... 3,371,600
Special revenue funds:
Private - gifts, bequests, and donations............... 816,000
Local revenue.......................................... 4,305,900
Local vocational rehabilitation match.................. 2,684,500
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
Adult basic education.................................. $ 20,000,000
Agriculture econnomic development...................... 500,000
Carl D. Perkins grants................................. 19,000,000
Gear-up program grants................................. 3,000,000
Workforce training programs subgrantees................ 247,488,800
Personal assistance services........................... 459,500
Vocational rehabilitation client services/facilities... 55,919,000
Vocational rehabilitation independent living........... 3,479,700
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
Michigan nursing corps................................. 5,000,000
Private grant funded projects.......................... 3,000,000
GROSS APPROPRIATION.................................... $ 578,391,100
Appropriated from:
Federal revenues:
DAG, employment and training........................... 7,000,000
DED-OESE, gear-up...................................... 3,000,000
DED-OSERS, centers for independent living.............. 450,200
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 35,797,900
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, temporary assistance for needy families........... 72,299,000
HHS-SSA, supplemental security income.................. 3,480,600
Special revenue funds:
Private - gifts, bequests, and donations............... 400,000
Private revenues....................................... 3,000,000
Local vocational rehabilitation match.................. 7,000,000
Local vocational rehabilitation facilities match....... 1,278,300
Contingent fund, penalty and interest account.......... 1,000,000
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..................... $ 35,791,400
Sec. 115. BOARDS, AUTHORITIES AND COMMISSIONS
Full-time equated classified positions.......... 170.0
MES board of review program--18.0 FTE positions........ $ 2,445,400
Rights-of-way oversight authority--5.0 FTE positions... 560,500
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............ 2,790,000
Employment and labor relations--21.0 FTE positions..... 3,495,500
GROSS APPROPRIATION.................................... $ 38,215,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 19,659,800
DOL-ETA, unemployment insurance........................ 2,445,400
EEOC, federal funds.................................... 10,000
Special revenue funds:
Private revenues....................................... 128,300
Local revenues......................................... 521,000
Corporation fees....................................... 271,700
Land bank fast-track funds............................. 1,834,400
METRO authority fund................................... 560,500
Securities fees........................................ 3,845,600
State restricted revenues.............................. 635,200
Tax tribunal fees...................................... 2,158,200
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 5,195,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state resources
under part 1 for fiscal year 2009-2010 is $465,234,200.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2009-2010 is $43,123,800.00. 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......................... 1,628,700
Welfare to work........................................ 18,434,600
Total department of energy, labor, and economic
growth............................................... $ 43,123,800
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.
Senate Bill No. 243 as amended April 1, 2009
(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.>>
Senate Bill No. 243 as amended April 1, 2009
<<(y)
(x)>> "MBLSLA" means mortgage brokers, lenders, and servicers
licensing act.
<<(z)
(y)>> "MES" means Michigan employment security.
<<(aa)
(z)>> "METRO" means metropolitan extension
telecommunications
rights-of-way oversight.
<<(bb)
(aa)>> "MIOSHA" means Michigan
occupational safety and
health
administration.
<<(cc)
(bb)>> "MSHDA" means Michigan
state housing development
authority.
<<(dd)
(cc)>> "SOAHR" means the state office of
administrative
hearings
and rules.
<<(ee)
(dd)>> "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. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The state budget director may grant exceptions to this
hiring freeze when the state budget director believes that the
hiring freeze will result in rendering a state department or agency
unable to deliver basic services, cause loss of revenue to the
state, result in the inability of the state to receive federal
funds, or necessitate additional expenditures that exceed any
savings from maintaining a vacancy. The state budget director shall
report quarterly to the chairpersons of the senate and house of
representatives standing committees on appropriations the number of
exceptions to the hiring freeze approved during the previous
quarter and the reasons to justify the exception.
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. 214. Amounts appropriated in part 1 for information
technology may be designated as work projects and carried forward
to support technology projects under the direction of the
department of information technology. Funds designated in this
manner are not available for expenditure until approved as work
projects under section 451a of the management and budget act, 1984
PA 431, MCL 18.1451a.
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. 216. It is the intent of the legislature that all revenue
sources for funds appropriated in part 1 shall not be aggregated
into general categories and shall be specifically identified and
detailed as much as possible.
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. 219. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
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 $13,200,000.00 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.
(2) 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.
(3) 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. 224. The department shall not approve the travel of more
than 1 departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
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.
(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.
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. 302. Money appropriated under this act for the bureau of
fire services shall not be expended unless, in accordance with
section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c,
inspection and plan review fees will be charged according to the
following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 303. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in the
Michigan administrative code and as determined under section 8 of
1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year. 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
Senate Bill No. 243 as amended April 1, 2009
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. 331. From the funds appropriated in part 1 for
unclassified salaries, the department shall provide funding for 5
worker's compensation appellate commissioners and 26 worker's
compensation board of magistrates. Expenditures shall be made so
that the 2 bodies shall decide worker's compensation cases in a
timely manner.
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. 341. (1) Of the funds appropriated in part 1, no funds
shall be used to support the development of, staffing of, or
activities promoting the development of guidelines, rules,
standards, protocols, or other similar mandates that are more
stringent than federal voluntary ergonomics guidelines. This
section does not prohibit any person from adopting, or working with
the state to develop, voluntary ergonomics standards.
(2) On March 1, 2010 and September 1, 2010, the department
shall provide a report to the fiscal agencies and subcommittees of
any staffing time or activities regarding the development of a
voluntary or mandatory, or both, ergonomic standard, whether
contained in rules, guidelines, policy directives, or bulletins.
(3) The directions in this section are given in accordance
with OAG, 2009, No. 7,225 (February 27, 2009).
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. 345. It is the intent of the legislature that Michigan
return the occupational safety and health administration program to
the federal government, and review the option of entering into a
cooperative agreement with federal occupational safety and health
administration to provide a safety and training program for
employers.
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.
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.
Sec. 406. The department shall not expend funds from the
appropriations in part 1 for the office of financial and insurance
regulation for the purpose of implementing prohibitions on the use
of credit scoring in establishing insurance premiums by insurance
companies until the legislature has, by statute, authorized such a
prohibition. This direction is given in accordance with OAG, 2009,
No. 7,225 (February 27, 2009).
Sec. 407. The office of financial and insurance regulation
shall provide copies of the quarterly and annual financial filings
of health maintenance organizations to the fiscal agencies on a
timely basis. Reports can be transmitted electronically if
available in that format.
HOUSING AND COMMUNITY DEVELOPMENT
Sec. 501. (1) From the funds appropriated in part 1 to the
Michigan housing and community development fund, $2,163,400.00 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
$2,163,400.00 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. 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.
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.
Sec. 704. (1) The department shall collaborate with the state
board of education, the department of human services, the
department of community health, and the department of history,
arts, and libraries to extend the duration of the Michigan after-
school partnership, and oversee its efforts to implement the policy
recommendations and strategic next steps identified in the Michigan
after-school initiative's report of December 15, 2003.
(2) From the funds appropriated in part 1, $25,000.00 may be
used to support the Michigan after-school partnership. Funds shall
be used to leverage other private and public funding to engage the
public and private sectors in building and sustaining high-quality
out-of-school-time programs and resources. The cochairs,
representing the department, the state board of education, the
department of human services, the department of history, arts, and
libraries and the department of community health shall name a
fiduciary agent and may authorize the fiduciary to expend funds and
hire people to accomplish the work of the Michigan after-school
partnership.
(3) Participation in the Michigan after-school partnership
shall be expanded beyond the membership of the initial Michigan
after-school initiative to increase the representation of parents,
youth, foundations, employers, and others with experience in
education, child care, after-school and youth development services,
and crime and violence prevention, and to include representation
from the department. Each year, on or before December 31, the
Michigan after-school partnership shall report its progress in
reaching the recommendations set forth in the Michigan after-school
initiative's report to the legislature and governor.
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. It is the intent of the legislature that a portion
of the workforce investment act, statewide activities funds be
allocated to support coordinated efforts between local Michigan
works! agencies and police and sheriff departments to create
programs that offer gang diversion activities and support services
to at-risk youth in Wyoming, Benton Harbor, Saginaw, and Detroit.
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 $860,200.00 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. 817. From the funds appropriated in part 1 for workforce
training program subgrantees, $300,000.00 shall be allocated for
not more than 1 grant for a job training and job preparation
program that meets the following criteria:
(a) Involves prospective employers as community partners.
(b) Retrains displaced workers for health care industry jobs
including pharmacy technician and medical coding in programs that
require participants to complete at least 90 hours of field
experience.
(c) Provides training at either no cost to participants or at
a cost to participants of not more than 25% of the per student cost
of offering the training program.
(d) Demonstrates a placement rate of 80% or more.
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 $5,000,000.00 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, $6,600,000.00 general
fund/general purpose revenue shall be used for the no-worker-left-
behind program, to be distributed as follows:
(a) Not more than $2,500,000.00 shall be used 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) Not more than $2,500,000.00 shall be used 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) Of the remaining funds, the department shall 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.
(d) It is the intent of the legislature that from the
additional workforce investment act funds appropriated in the
American recovery and reinvestment act of 2009, $8,400,000.00 shall
be available for the no-worker-left-behind program for the purposes
included in the section as allowable under federal law.
(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 $6,600,000.00 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 $6,600,000.00 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.