Bill Text: MI HB4440 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Appropriations; general government; general government; provide for fiscal year 2009-2010. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-02-25 - Printed Bill Filed 02/25/2009 [HB4440 Detail]
Download: Michigan-2009-HB4440-Introduced.html
HOUSE BILL No. 4440
EXECUTIVE BUDGET BILL
February 24, 2009, Introduced by Rep. Durhal and referred to the Committee on Appropriations.
A bill to make, supplement, and adjust appropriations for the
departments of attorney general, civil rights, information
technology, management and budget, state, and treasury, the
executive office, and the legislative branch for the fiscal year
ending September 30, 2010; to provide for the expenditure of these
appropriations; to provide for the funding of certain work
projects; to provide for the imposition of certain fees; to
establish or continue certain funds, programs, and categories; to
transfer certain funds; to prescribe certain requirements for
bidding on state contracts; to provide for disposition of year-end
balances; to prescribe the powers and duties of certain principal
executive departments and state agencies, officials, and employees;
and to provide for the disposition of fees and other income
received by the various principal executive departments and state
agencies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the
amounts listed in this part are appropriated for the departments of
attorney general, civil rights, information technology, management
and budget, state, and treasury, the executive office, the
legislative branch, and certain other state purposes, for the
fiscal year ending September 30, 2010, from the funds indicated in
this part. The following is a summary of the appropriations in this
part:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY:
Full-time equated unclassified positions........... 45.0
Full-time equated classified positions.......... 7,449.7
GROSS APPROPRIATION................................... $ 3,190,337,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 644,343,900
ADJUSTED GROSS APPROPRIATION.......................... $ 2,545,993,600
Federal revenues:
Total federal revenues................................. 116,844,500
Special revenue funds:
Total local revenues................................... 3,554,000
Total private revenues................................. 1,275,700
Total other state restricted revenues.................. 1,737,614,500
State general fund/general purpose.................... $ 686,704,900
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 537.0
GROSS APPROPRIATION.................................... $ 76,971,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 24,744,100
ADJUSTED GROSS APPROPRIATION........................... $ 52,227,800
Federal revenues:
Total federal revenues................................. 8,177,800
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 12,066,700
State general fund/general purpose..................... $ 31,983,300
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 537.0
Attorney general....................................... $ 124,900
Unclassified positions--5.0 FTE positions.............. 476,300
Attorney general operations--500.0 FTE positions....... 70,481,300
Child support enforcement--25.0 FTE positions.......... 2,996,900
Prosecuting attorneys coordinating council--12.0 FTE
positions............................................ 2,034,600
GROSS APPROPRIATION.................................... $ 76,114,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, health services......................... 1,906,300
IDG from MDCH, WIC..................................... 71,500
IDG from MDE........................................... 294,100
IDG from MDEQ.......................................... 1,776,800
IDG from MDHS.......................................... 3,345,100
IDG from MDELEG, career education services............. 190,100
IDG from MDELEG, children's protection registry........ 37,000
IDG from MDELEG, financial and insurance services...... 1,125,400
IDG from MDELEG, homeowners construction lien recovery. 566,100
IDG from MDELEG, licensing and regulation fees......... 179,400
IDG from MDELEG, Michigan occupational safety and
Health administration................................ 100,800
IDG from MDELEG, Michigan state housing development
authority............................................ 529,500
IDG from MDELEG, remonumentation fees.................. 79,200
IDG from MDELEG, unemployment insurance agency......... 1,748,400
IDG from MDMB, civil service commission................ 306,300
IDG from MDMB, risk management revolving fund.......... 1,362,800
IDG from MDMVA......................................... 121,500
IDG from MDOC.......................................... 487,000
IDG from MDOT, comprehensive transportation fund....... 162,400
IDG from MDOT, state aeronautics fund.................. 160,300
IDG from MDOT, state trunkline fund.................... 2,867,300
IDG from MDSP.......................................... 720,000
IDG from MDSP, Michigan justice training fund.......... 325,000
IDG from Michigan gaming control board................. 1,139,800
IDG from treasury...................................... 4,818,600
IDG from treasury, strategic fund...................... 131,900
IDG from MDIT.......................................... 191,500
Federal revenues:
DAG, state administrative match grant/food stamps...... 395,900
Federal funds.......................................... 2,531,300
HHS, medical assistance, medigrant..................... 652,300
HHS-OS, state Medicaid fraud control units............. 4,598,300
Special revenue funds:
Antitrust enforcement collections...................... 663,800
Assigned claims assessments............................ 122,600
Attorney general's operations fund..................... 919,500
Auto repair facilities fees............................ 238,500
Franchise fees......................................... 305,500
Game and fish protection fund.......................... 932,800
Liquor purchase revolving fund......................... 1,082,000
Manufactured housing fees.............................. 200,400
Merit award trust fund................................. 408,600
Prisoner reimbursement................................. 470,600
Prosecuting attorneys training fees.................... 375,000
Public utility assessments............................. 1,839,300
Real estate enforcement fund........................... 552,600
Reinstatement fees..................................... 163,400
Retirement funds....................................... 770,600
Second injury fund..................................... 1,004,500
Self-insurers security fund............................ 178,100
Silicosis and dust disease fund........................ 536,200
State building authority revenue....................... 100,300
State lottery fund..................................... 254,000
Utility consumers fund................................. 571,600
Waterways fund......................................... 102,400
Worker's compensation administrative revolving fund.... 274,400
State general fund/general purpose..................... $ 31,125,400
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 857,900
GROSS APPROPRIATION.................................... $ 857,900
Appropriated from:
State general fund/general purpose..................... $ 857,900
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 125.0
GROSS APPROPRIATION.................................... $ 14,377,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 14,377,400
Federal revenues:
Total federal revenues................................. 2,057,300
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 12,320,100
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 125.0
Unclassified positions--5.0 FTE positions.............. $ 267,100
Civil rights operations--127.0 FTE positions........... 13,256,600
GROSS APPROPRIATION.................................... $ 13,523,700
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 1,271,700
HUD, grant............................................. 770,600
State general fund/general purpose..................... $ 11,481,400
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 853,700
GROSS APPROPRIATION.................................... $ 853,700
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 15,000
State general fund/general purpose..................... $ 838,700
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
GROSS APPROPRIATION.................................... $ 5,317,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 5,317,300
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 5,317,300
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
Governor............................................... $ 177,000
Lieutenant governor.................................... 123,900
Executive office--74.2 FTE positions................... 4,166,600
Unclassified positions--8.0 FTE positions.............. 849,800
GROSS APPROPRIATION.................................... $ 5,317,300
Appropriated from:
State general fund/general purpose..................... $ 5,317,300
Sec. 105. DEPARTMENT OF INFORMATION TECHNOLOGY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 1,632.0
GROSS APPROPRIATION.................................... $ 424,240,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 424,240,700
ADJUSTED GROSS APPROPRIATION........................... 0
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 0
State general fund/general purpose..................... $ 0
(2) ADMINISTRATION
Full-time equated unclassified positions.......... 3.0
Full-time equated classified positions........ 1,632.0
Unclassified positions--3.0 FTE positions.............. $ 300,000
Enterprisewide services--69.0 FTE positions............ 22,560,000
Health and human services—694.5 FTE positions.......... 229,444,700
Education services--32.0 FTE positions................. 3,496,700
Public protection--284.0 FTE positions................. 58,931,500
Resources services--164.0 FTE positions................ 18,705,000
Transportation services--99.5 FTE positions............ 28,996,900
General services--289.0 FTE positions.................. 61,805,900
GROSS APPROPRIATION.................................... $ 424,240,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of agriculture..................... 1,718,900
IDG from department of attorney general................ 857,900
IDG from department of civil rights.................... 853,700
IDG from civil service commission...................... 4,340,300
IDG from department of community health................ 52,934,600
IDG from department of corrections..................... 22,984,300
IDG from department of education....................... 3,763,600
IDG from department of energy, labor and economic growth 44,749,200
IDG from department of environmental quality........... 7,822,300
IDG from Michigan gaming control board................. 1,361,300
IDG from department of human services.................. 133,067,700
IDG from bureau of state lottery....................... 4,614,000
IDG from department of management and budget........... 28,426,800
IDG from department of military and veterans affairs... 1,254,300
IDG from department of natural resources............... 9,698,600
IDG from department of state........................... 25,023,700
IDG from department of state police.................... 33,384,700
IDG from department of transportation.................. 29,313,200
IDG from department of treasury........................ 18,071,600
State general fund/general purpose..................... $ 0
Sec. 106. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 114,504,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 114,504,000
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 400,000
Total other state restricted revenues.................. 1,109,800
State general fund/general purpose..................... $ 112,994,200
(2) LEGISLATURE
Senate................................................. $ 29,126,400
Senate automated data processing....................... 2,549,600
Senate fiscal agency................................... 3,219,200
House of representatives............................... 45,515,800
House automated data processing........................ 2,024,900
House fiscal agency.................................... 3,219,200
GROSS APPROPRIATION.................................... $ 85,655,100
Appropriated from:
State general fund/general purpose..................... $ 85,655,100
(3) LEGISLATIVE COUNCIL
Legislative council.................................... $ 10,110,200
Legislative service bureau automated data processing... 1,374,800
Workers’ compensation.................................. 133,000
National association dues.............................. 148,900
Legislative corrections ombudsman...................... 369,700
GROSS APPROPRIATION.................................... $ 12,136,600
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 11,736,600
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses......................... $ 4,533,900
GROSS APPROPRIATION.................................... $ 4,533,900
Appropriated from:
Special revenue funds:
Court fees............................................. 1,109,800
State general fund/general purpose..................... $ 3,424,100
(5) PROPERTY MANAGEMENT
Capitol building....................................... $ 2,552,800
Cora Anderson building................................. 7,734,200
Farnum building and other properties................... 1,891,400
GROSS APPROPRIATION.................................... $ 12,178,400
Appropriated from:
State general fund/general purpose..................... $ 12,178,400
Sec. 107. LEGISLATIVE AUDITOR GENERAL
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 15,828,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,801,500
ADJUSTED GROSS APPROPRIATION........................... $ 14,026,700
Federal revenues:
Total federal revenues................................. 0
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 1,539,900
State general fund/general purpose..................... $ 12,486,800
(2) LEGISLATIVE AUDITOR GENERAL
Unclassified positions................................. $ 313,500
Field operations....................................... 15,514,700
GROSS APPROPRIATION.................................... $ 15,828,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDMB, civil service commission................ 107,900
IDG from MDELEG, liquor purchase revolving fund........ 11,300
IDG from MDOT, comprehensive transportation fund....... 25,200
IDG from MDOT, Michigan transportation fund............ 204,300
IDG from MDOT, state aeronautics fund.................. 19,600
IDG from MDOT, state trunkline fund.................... 474,600
IDG, single audit act.................................. 958,600
Special revenue funds:
Cadillac local development finance authority........... 12,300
Clean Michigan initiative implementation bond fund..... 38,300
Commercial mobile radio system emergency telephone
fund................................................. 38,300
Construction lien fund................................. 7,400
Contract audit administration fees..................... 53,900
Correctional industries revolving fund................. 32,000
Fee adequacy, air quality delegated authority.......... 9,600
Game and fish protection fund.......................... 21,900
Legislative retirement system.......................... 19,100
Marine safety fund..................................... 1,900
Michigan economic development corporation.............. 42,100
Michigan education trust fund.......................... 30,700
Michigan justice training commission fund.............. 28,700
Michigan state housing development authority fees...... 22,600
Michigan strategic fund................................ 89,400
Michigan tobacco settlement authority.................. 76,600
Michigan veterans' trust fund.......................... 24,900
Motor transport revolving fund......................... 4,800
Office services revolving fund......................... 6,900
State disbursement unit, office of child support....... 25,500
State services fee fund................................ 947,300
Waterways fund......................................... 5,700
State general fund/general purpose..................... $ 12,486,800
Sec. 108. DEPARTMENT OF MANAGEMENT AND BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,410.0
GROSS APPROPRIATION.................................... $ 566,990,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 162,436,800
ADJUSTED GROSS APPROPRIATION........................... $ 404,553,800
Federal revenues:
Total federal revenues................................. 11,219,800
Special revenue funds:
Total local revenues................................... 2,027,600
Total private revenues................................. 151,900
Total other state restricted revenues.................. 74,373,900
State general fund/general purpose..................... $ 316,780,600
(2) MANAGEMENT AND BUDGET SERVICES
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 695.5
Unclassified positions--6.0 FTE positions.............. $ 636,500
Executive operations--10.5 FTE positions............... 1,521,800
Administrative services--55.5 FTE positions............ 5,339,000
Budget and financial management--163.5 FTE positions... 16,869,600
Office of the state employer--23.0 FTE positions....... 2,848,200
Design and construction services--40.0 FTE positions... 5,443,100
Business support services--104.0 FTE positions......... 10,462,600
Building operation services--253.0 FTE positions....... 89,769,000
Building occupancy charges, rent, and utilities........ 5,431,900
Motor vehicle fleet--46.0 FTE positions................ 56,994,200
GROSS APPROPRIATION.................................... $ 195,315,900
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 92,105,600
IDG from MDELEG........................................ 100,000
IDG from MDCH.......................................... 438,900
IDG from MDHS.......................................... 175,500
IDG from MDOT, comprehensive transportation fund....... 32,700
IDG from MDOT, state aeronautics fund.................. 23,600
IDG from MDOT, state trunkline fund.................... 1,140,800
IDG from motor transport fund.......................... 56,994,200
IDG from user fees..................................... 5,406,600
Federal funds:
Federal indirect funds................................. 266,700
Special revenue funds:
Game and fish protection fund.......................... 380,500
Health management funds................................ 1,781,100
Marine safety fund..................................... 600
Special revenue, internal service, and pension trust
funds................................................ 11,557,000
State building authority revenue....................... 633,400
State lottery fund..................................... 334,400
State services fee fund................................ 126,400
Waterways fund......................................... 94,600
State general fund/general purpose..................... $ 23,723,300
(3) STATEWIDE APPROPRIATIONS
Professional development fund - AFSCME................. $ 50,000
Professional development fund - MPE, SEIU, scientific,
and engineering unit................................. 125,000
Professional development fund - MPE, SEIU, technical
unit................................................. 50,000
Professional development fund - MSC.................... 150,000
Professional development fund - NERE................... 50,000
GROSS APPROPRIATION.................................... $ 425,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................ 425,000
State general fund/general purpose..................... $ 0
(4) SPECIAL PROGRAMS
Full-time equated classified positions.......... 176.0
Building occupancy charges - property management
services for executive/legislative building
occupancy............................................ $ 1,249,100
Retirement services--164.0 FTE positions............... 17,234,000
Office of children's ombudsman--12.0 FTE positions..... 1,507,600
GROSS APPROPRIATION.................................... $ 19,990,700
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 1,542,400
Pension trust funds.................................... 15,691,600
State general fund/general purpose..................... $ 2,756,700
(5) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 28,426,800
GROSS APPROPRIATION.................................... $ 28,426,800
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 685,500
IDG from MDOT, comprehensive transportation fund....... 2,100
IDG from MDOT, state aeronautics fund.................. 1,100
IDG from MDOT, state trunkline fund.................... 47,500
IDG from user fees..................................... 196,400
Special revenue funds:
Deferred compensation.................................. 2,600
Game and fish protection fund.......................... 10,700
Health management funds................................ 44,000
MAIN user charges...................................... 4,597,800
Pension trust funds.................................... 6,568,700
Special revenue, internal service, and pension trust
funds................................................ 2,635,000
State building authority revenue....................... 10,400
State lottery fund..................................... 4,600
Waterways fund......................................... 2,000
State general fund/general purpose..................... $ 13,618,400
(6) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies......... $ 70,558,300
State building authority rent - department of
corrections.......................................... 47,513,700
State building authority rent - universities........... 112,813,400
State building authority rent - community colleges..... 20,936,700
GROSS APPROPRIATION.................................... $ 251,822,100
Appropriated from:
Special revenue funds:
State lottery fund..................................... 1,520,000
State general fund/general purpose..................... $ 250,302,100
(7) CIVIL SERVICE COMMISSION
Full-time equated classified positions.......... 538.5
Agency services--118.5 FTE positions................... $ 13,535,400
Executive direction--38.0 FTE positions................ 9,767,900
Employee benefits--31.0 FTE positions.................. 5,936,500
Training............................................... 1,300,000
Human resources operations--351.0 FTE positions........ 34,130,000
Information technology services and projects........... 4,340,300
GROSS APPROPRIATION.................................... $ 69,010,100
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges.................................. 1,300,000
IDG, special funds..................................... 1,361,300
Federal revenues:
Federal funds.......................................... 6,147,600
Federal indirect funds................................. 4,805,500
Special revenue funds:
Local funds............................................ 2,027,600
Private funds.......................................... 151,900
State restricted funds................................. 18,109,200
State sponsored group insurance........................ 2,650,000
State sponsored group insurance, flexible spending
accounts, and COBRA.................................. 6,076,900
State general fund/general purpose..................... $ 26,380,100
(8) CAPITAL OUTLAY
Major special maintenance, remodeling and addition for
state agencies....................................... $ 2,000,000
GROSS APPROPRIATION.................................... $ 2,000,000
Appropriated from:
Interdepartmental grant revenues:
IDG, building occupancy charges........................ 2,000,000
Special revenue funds:
State general fund/general purpose..................... $ 0
Sec. 109. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,809.0
GROSS APPROPRIATION.................................... $ 213,639,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ 193,639,000
Federal revenues:
Total federal revenues................................. 1,810,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 100
Total other state restricted revenues.................. 163,614,700
State general fund/general purpose..................... $ 28,214,200
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 30.2
Secretary of state..................................... $ 124,900
Unclassified positions--6.0 FTE positions.............. 453,200
Operations--30.0 FTE positions......................... 3,037,300
GROSS APPROPRIATION.................................... $ 3,615,400
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 60,500
Driver fees............................................ 143,800
Expedient service fees................................. 58,500
Parking ticket court fines............................. 8,300
Personal identification card fees...................... 13,800
Reinstatement fees - operator licenses................. 150,400
Transportation administration collection fund.......... 2,069,100
Vehicle theft prevention fees.......................... 35,600
State general fund/general purpose..................... $ 1,075,400
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 159.0
Operations--152.0 FTE positions........................ $ 23,375,200
Assigned claims assessments--7.0 FTE positions......... 908,600
GROSS APPROPRIATION.................................... $ 24,283,800
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................. 468,600
Assigned claims assessments............................ 908,600
Auto repair facilities fees............................ 415,000
Child support clearance fees........................... 34,300
Driver fees............................................ 451,100
Expedient service fees................................. 256,800
Marine safety fund..................................... 77,100
Off-road vehicle title fees............................ 7,800
Parking ticket court fines............................. 52,700
Personal identification card fees...................... 85,900
Reinstatement fees - operator licenses................. 556,200
Scrap tire fund........................................ 70,700
Snowmobile registration fee revenue.................... 18,100
Transportation administration collection fund.......... 18,804,600
Vehicle theft prevention fees.......................... 243,400
State general fund/general purpose..................... $ 1,832,900
(4) REGULATORY SERVICES
Full-time equated classified positions.......... 210.5
Operations--208.5 FTE positions........................ $ 22,106,900
County clerk education and training.................... 100,000
Motorcycle safety education administration--2.0 FTE
positions............................................ 368,500
Motorcycle safety education grants..................... 1,430,000
GROSS APPROPRIATION.................................... $ 24,005,400
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 4,144,800
Driver education provider and instructor fund.......... 72,900
Driver fees............................................ 1,978,300
Expedient service fees................................. 35,200
Motorcycle safety fund................................. 1,798,500
Notary education and training fund..................... 100,000
Notary fee fund........................................ 314,000
Parking ticket court fines............................. 20,700
Personal identification card fees...................... 50,500
Reinstatement fees - operator licenses................. 1,803,000
Transportation administration collection fund.......... 10,921,800
Vehicle theft prevention fees.......................... 1,330,900
State general fund/general purpose..................... $ 1,434,800
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,373.5
Branch operations--931.5 FTE positions................. $ 76,430,100
Central operations--415.0 FTE positions................ 39,968,800
Commemorative license plates--24.0 FTE positions....... 2,147,300
Specialty license plates--3.0 FTE positions............ 1,922,000
Olympic center plate................................... 75,700
Organ donor program.................................... 104,100
GROSS APPROPRIATION.................................... $ 120,648,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 20,000,000
Federal revenues:
Federal funds.......................................... 1,460,000
Special revenue funds:
Private funds.......................................... 100
Abandoned vehicle fees................................. 197,600
Auto repair facilities fees............................ 93,100
Child support clearance fees........................... 295,500
Driver fees............................................ 16,141,900
Enhanced driver license and enhanced official state
personal identification card fund.................... 4,226,700
Expedient service fees................................. 2,465,200
Marine safety fees..................................... 1,210,700
Michigan state police auto theft fund.................. 118,900
Mobile home commission fees............................ 476,000
Off-road vehicle title fees............................ 129,900
Parking ticket court fines............................. 1,490,500
Personal identification card fees...................... 1,614,400
Reinstatement fees - operator licenses................. 1,209,600
Snowmobile registration fee revenue.................... 348,100
Transportation administration collection fund.......... 58,184,500
Vehicle theft prevention fees.......................... 209,500
State general fund/general purpose..................... $ 10,775,800
(6) ELECTION REGULATION
Full-time equated classified positions........... 36.0
Election administration and services--36.0 FTE
positions............................................ $ 4,989,500
Fees to local units.................................... 109,800
Help America vote act.................................. 350,000
GROSS APPROPRIATION.................................... $ 5,449,300
Appropriated from:
Federal revenues:
Federal funds - HAVA HHS............................... 350,000
State general fund/general purpose..................... $ 5,099,300
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent........................ $ 10,309,100
Worker's compensation.................................. 304,300
GROSS APPROPRIATION.................................... $ 10,613,400
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 135,300
Driver fees............................................ 630,800
Expedient service fees................................. 26,000
Parking ticket court fines............................. 447,800
Transportation administration collection fund.......... 5,925,000
State general fund/general purpose..................... $ 3,448,500
(8) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 25,023,700
GROSS APPROPRIATION.................................... $ 25,023,700
Appropriated from:
Special revenue funds:
Administrative order processing fees................... 11,100
Auto repair facilities fees............................ 179,300
Child support clearance fees........................... 16,200
Driver fees............................................ 1,548,900
Expedient service fees................................. 1,024,500
Parking ticket court fines............................. 82,600
Personal identification card fees...................... 888,200
Reinstatement fees - operator licenses................. 503,600
Transportation administration collection fund.......... 16,051,000
Vehicle theft prevention fees.......................... 170,800
State general fund/general purpose..................... $ 4,547,500
Sec. 110. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions........ 1,862.5
GROSS APPROPRIATION.................................... $ 1,758,468,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 11,120,800
ADJUSTED GROSS APPROPRIATION........................... $ 1,747,347,600
Federal revenues:
Total federal revenues................................. 93,579,600
Special revenue funds:
Total local revenues................................... 1,526,400
Total private revenues................................. 723,700
Total other state restricted revenues.................. 1,484,909,500
State general fund/general purpose..................... $ 166,608,400
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 9.0
Full-time equated classified positions............ 5.0
Unclassified positions--9.0 FTE positions.............. $ 834,600
Office of the director--5.0 FTE positions.............. 843,600
GROSS APPROPRIATION.................................... $ 1,678,200
Appropriated from:
Federal revenues:
DED-OPSE, federal lenders allowance.................... 20,000
DED-OPSE, higher education act of 1965 insured loans... 45,000
Special revenue funds:
State lottery fund..................................... 191,000
State services fee fund................................ 210,500
State general fund/general purpose..................... $ 1,211,700
(3) DEPARTMENTWIDE APPROPRIATIONS
Travel................................................. $ 1,315,900
Rent and building occupancy charges - property
management services.................................. 5,657,300
Worker's compensation insurance premium................ 153,000
GROSS APPROPRIATION.................................... $ 7,126,200
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue...................... 3,927,700
State general fund/general purpose..................... $ 3,198,500
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions........... 87.0
Supervision of the general property tax law--60.0 FTE
positions............................................ $ 14,479,200
Property tax assessor training--4.0 FTE positions...... 430,400
Local finance--23.0 FTE positions...................... 2,502,700
GROSS APPROPRIATION.................................... $ 17,412,300
Appropriated from:
Special revenue funds:
Local - assessor training fees......................... 830,400
Local - audit charges.................................. 606,000
Local - equalization study charge-backs................ 40,000
Local - revenue from local government.................. 50,000
Delinquent tax collection revenue...................... 408,500
Land reutilization fund................................ 4,049,600
Municipal finance fees................................. 491,000
State education tax collections........................ 50,000
State general fund/general purpose..................... $ 10,886,800
(5) TAX PROGRAMS
Full-time equated classified positions.......... 747.0
Customer contact--139.0 FTE positions.................. $ 12,070,300
Tax compliance--338.0 FTE positions.................... 34,988,700
Tax and economic policy--81.0 FTE positions............ 9,279,900
Tax processing--151.0 FTE positions.................... 14,075,100
Home heating assistance................................ 2,618,100
Bottle bill implementation............................. 250,000
Tobacco tax collection--10.0 FTE positions............. 358,900
Michigan business tax--28.0 FTE
positions............................................ 5,366,600
Property tax appeal program............................ 500,000
GROSS APPROPRIATION.................................... $ 79,507,600
Appropriated from:
Interdepartmental grant revenues:
IDG, data/collection services fees..................... 50,900
IDG from MDOT, Michigan transportation fund............ 6,981,600
IDG from MDOT, state aeronautics fund.................. 68,700
Federal revenues:
HHS-SSA, low-income energy assistance.................. 2,618,100
Special revenue funds:
Bottle deposit fund.................................... 250,000
Delinquent tax collection revenue...................... 58,757,900
Tobacco tax collection and enforcement................. 358,900
Tobacco tax revenue.................................... 591,700
Waterways fund......................................... 80,500
State general fund/general purpose..................... $ 9,749,300
(6) BANKING AND MANAGEMENT SERVICES
Full-time equated classified positions.......... 342.0
Program management--10.0 FTE positions................. $ 1,151,000
Departmental and budget services--18.0 FTE positions... 1,772,600
Mail operations--28.0 FTE positions.................... 2,049,200
Unclaimed property--21.0 FTE positions................. 3,534,500
Collections—208.0 FTE positions........................ 20,762,600
Finance and accounting--17.0 FTE positions............. 1,124,600
Receipts processing--40.0 FTE positions................ 3,149,200
GROSS APPROPRIATION.................................... $ 33,543,700
Appropriated from:
Interdepartmental grant revenues:
IDG, levy/warrant cost assessment fees................. 1,866,800
IDG, state agency collection fees...................... 602,900
IDG from MDHS, title IV-D.............................. 631,000
IDG data/collection services fees...................... 206,400
Special revenue funds:
Delinquent tax collection revenue...................... 19,494,900
Escheats revenue....................................... 3,534,500
Justice system fund.................................... 653,800
Garnishment fees....................................... 546,100
Treasury fees.......................................... 43,600
State general fund/general purpose..................... $ 5,963,700
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 225.5
Investments--82.0 FTE positions........................ $ 16,717,500
Michigan merit award administration--6.0 FTE positions. 1,480,000
Common cash and debt management--22.5 FTE positions.... 1,261,600
Student financial assistance programs--113.0 FTE
positions............................................ 36,005,900
Public-private partnership investment—-2.0 FTE
positions............................................ 1,458,700
GROSS APPROPRIATION.................................... $ 56,923,700
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 172,100
Federal revenues:
DED-OPSE, federal lenders allowance.................... 10,550,200
DED-OPSE, higher education act of 1965, insured loans.. 23,485,800
Special revenue funds:
Defined contribution administrative fee revenue........ 100,000
Michigan merit award trust fund........................ 1,915,700
Public-private partnership investment fund............. 1,458,700
Retirement funds....................................... 15,657,400
School bond fees....................................... 623,800
Treasury fees.......................................... 1,125,900
State general fund/general purpose..................... $ 1,834,100
(8) DEBT SERVICE
Water pollution control bond and interest redemption... $ 2,257,500
Quality of life bond................................... 38,430,000
Clean Michigan initiative.............................. 22,930,000
Great Lakes water quality bond......................... 18,560,000
GROSS APPROPRIATION.................................... $ 82,177,500
Appropriated from:
Special revenue funds:
Refined petroleum fund................................. 15,514,500
State general fund/general purpose..................... $ 66,663,000
(9) GRANTS
Grants to counties in lieu of taxes.................... $ 5,000
Convention facility development distribution........... 58,850,000
Senior citizen cooperative housing tax exemption
program.............................................. 16,500,000
Health and safety fund grants.......................... 25,000,000
Renaissance zone reimbursement......................... 3,400,000
GROSS APPROPRIATION.................................... $ 103,755,000
Appropriated from:
Special revenue funds:
Convention facility development fund................... 58,850,000
Health and safety fund................................. 25,000,000
State general fund/general purpose..................... $ 19,905,000
(10) BUREAU OF STATE LOTTERY
Full-time equated classified positions.......... 181.0
Lottery operations--181.0 FTE positions................ $ 20,847,800
Lottery information technology services and projects... 4,614,000
GROSS APPROPRIATION.................................... $ 25,461,800
Appropriated from:
Special revenue funds:
State lottery fund..................................... 25,461,800
State general fund/general purpose..................... $ 0
(11) CASINO GAMING
Full-time equated classified positions.......... 115.0
Michigan gaming control board.......................... $ 50,000
Casino gaming control administration--115.0 FTE
positions............................................ 19,650,600
Casino gaming information technology services and
projects............................................. 1,361,300
GROSS APPROPRIATION.................................... $ 21,061,900
Appropriated from:
Special revenue funds:
Casino gambling agreements............................. 539,600
State services fee fund................................ 20,522,300
State general fund/general purpose..................... $ 0
(12) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.............................. $ 2,662,600
Purchased lands........................................ 4,650,000
Swamp and tax reverted lands........................... 7,076,500
Administration......................................... 100
GROSS APPROPRIATION.................................... $ 14,389,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of natural resources............... 100
Special revenue funds:
Game and fish protection fund.......................... 1,787,900
Michigan natural resources trust fund.................. 521,200
Michigan state waterways fund.......................... 140,900
State general fund/general purpose..................... $ 11,939,100
(13) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 160.0
Administration--22.0 FTE positions..................... $ 2,591,200
Job creation services--125.0 FTE positions............. 17,263,100
Jobs for Michigan investment program - 21st century
jobs fund............................................ 75,000,000
Michigan promotion program............................. 5,717,500
Economic development job training grants............... 6,724,500
Community development block grants..................... 53,000,000
Michigan film office--6.0 FTE positions................ 734,000
Cultural economic development--2.0 FTE positions....... 335,200
Council for arts and cultural affairs--5.0 FTE positions 499,900
Arts and cultural institution planning grants.......... 1,822,000
GROSS APPROPRIATION.................................... $ 163,687,400
Appropriated from:
Interdepartmental grant revenues:
IDG-MDEQ, air quality fees............................. 81,200
Federal revenues:
HUD-CPD, community development block grants............ 55,466,500
NFAH-NEA, promotion of the arts, partnership agreements 850,000
Special revenue funds:
Private - special project advances..................... 723,700
Industry support fees.................................. 5,300
21st century jobs trust fund........................... 75,000,000
Michigan film promotion fund........................... 550,000
State general fund/general purpose..................... $ 31,010,700
(14) REVENUE SHARING
Constitutional state general revenue sharing grants.... $ 661,219,400
Statutory state general revenue sharing grants......... 423,093,700
County revenue sharing payments........................ 49,147,200
Special grants......................................... 212,000
GROSS APPROPRIATION.................................... $ 1,133,672,300
Appropriated from:
Special revenue funds:
Sales tax.............................................. 1,133,460,300
State general fund/general purpose..................... $ 212,000
(15) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 18,071,600
GROSS APPROPRIATION.................................... $ 18,071,600
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 459,100
Federal revenues:
DED-OPSE, federal lenders allowance.................... 544,000
Special revenue funds:
Delinquent tax collection revenue...................... 11,840,700
Michigan merit award trust fund........................ 415,100
Retirement funds....................................... 666,300
Tobacco tax revenue.................................... 111,900
State general fund/general purpose..................... $ 4,034,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) 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
$2,424,319,400.00 and state spending from state resources to be
paid to local units of government for fiscal year 2009-2010 is
$1,296,161,000.00. The itemized statement below identifies
appropriations from which spending to local units of government
will occur:
DEPARTMENT OF STATE
Fees to local units.................................... $ 109,800
Motorcycle safety grants............................... 1,144,000
Subtotal............................................... $ 1,253,800
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption....... $ 16,500,000
Grants to counties in lieu of taxes.................... 5,000
Health and safety fund grants.......................... 25,000,000
Property tax appeal program............................ 500,000
Constitutional state general revenue sharing grants.... 661,219,400
Statutory state general revenue sharing grants......... 423,093,700
Convention facility development fund distribution...... 58,850,000
Commercial mobile radio service payments............... 20,200,000
Renaissance zone reimbursements........................ 3,400,000
Special grants......................................... 212,000
County revenue sharing payments........................ 49,147,200
Airport parking distribution pursuant to section 909... 19,590,700
Economic development job training grants............... 1,800,000
Arts and cultural institution planning grants.......... 1,000,000
Payments in lieu of taxes.............................. 14,389,200
Subtotal............................................... $ 1,294,907,200
TOTAL GENERAL GOVERNMENT............................... $ 1,296,161,000
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2009-2010 is estimated at $26,870,314,200.00 in the
2009-2010 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2009-2010
is estimated at $15,831,161,600.00. The state-local proportion is
estimated at 58.9% of total state spending from state resources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2009-2010 are different
than the amounts estimated in subsection (2), the state budget
director shall report the payments to local units of government and
state spending from state sources that were made for fiscal year
2009-2010 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2009-2010.
Sec. 202. The appropriations authorized under this bill 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) "AFSCME" means American federation of state, county, and
municipal employees.
(b) "CDBG" means community development block grants.
(c) "COBRA" means the consolidated omnibus budget
reconciliation act of 1985, Public Law 99-272, 100 Stat. 82.
(d) "CPI" means consumer price index.
(e) "DAG" means the United States department of agriculture.
(f) "DED-OPSE" means the United States department of
education, office of postsecondary education.
(g) "DOL-ETA" means the United States department of labor,
employment and training administration.
(h) "DOL-OSHA" means the United States department of labor,
occupational safety and health administration.
(i) "EEOC" means the United States equal employment
opportunity commission.
(j) "EPA" means the United States environmental protection
agency.
(k) "FTE" means full-time equated.
(l) "Fund" means the Michigan strategic fund.
(m) "GF/GP" means general fund/general purpose.
(n) "HHS" means the United States department of health and
human services.
(o) "HHS-OS" means the HHS office of the secretary.
(p) "HHS-SSA" means the HHS social security administration.
(q) "HUD" means the United States department of housing and
urban development.
(r) "HUD-CPD" means the United States department of housing
and urban development – community planning and development.
(s) "IDG" means interdepartmental grant.
(t) "JCOS" means the joint capital outlay subcommittee.
(u) "MAIN" means the Michigan administrative information
network.
(v) "MCL" means the Michigan Compiled Laws.
(w) "MDCH" means the Michigan department of community health.
(x) "MDEQ" means the Michigan department of environmental
quality.
(y) "MDHS" means the Michigan department of human services.
(z) "MDELEG" means the Michigan department of energy, labor
and economic growth.
(aa) "MDMB" means the Michigan department of management and
budget.
(bb) "MDOT" means the Michigan department of transportation.
(cc) "MDSP" means the Michigan department of state police.
(dd) "MEDC" means the Michigan economic development
corporation, which is the public body corporate created under
section 28 of article VII of the state constitution of 1963 and the
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512, by contractual interlocal agreement effective April 5,
1999, between local participating economic development corporations
formed under the economic development corporations act, 1974 PA
338, MCL 125.1601 to 125.1636, and the Michigan strategic fund.
(ee) "MPE" means Michigan public employees.
(ff) "MSC" means managerial, supervisory and confidential.
(gg) "NERE" means nonexclusively represented employees.
(hh) "PA" means public act.
(ii) "PACC" means the prosecuting attorneys coordinating
council.
(jj) "SEIU" means service employees international union.
Sec. 204. The civil service commission shall bill departments
and agencies at the end of the first fiscal quarter for the charges
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 departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this bill. 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 should 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 of each department receiving
appropriations in part 1 shall take all reasonable steps to ensure
businesses in deprived and depressed communities compete for and
perform contracts to provide services or supplies, or both. Each
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. Pursuant to section 352 of the management and budget
act, 1984 PA 431, MCL 18.1352, which provides for a transfer of
state general funds into the countercyclical budget and economic
stabilization fund, there is appropriated into the countercyclical
budget and economic stabilization fund the sum of $0.00. The
calculation required by section 352 of the management and budget
act, 1984 PA 431, MCL 18.1352, is determined as follows:
2008 2009
Michigan personal income (millions)....... $354,187 $349,583
less: transfer payments.............. 64,989 69,733
Subtotal............................. $289,198 $279,850
Divided by: Detroit CPI for 12 months
ending June 30....................... 202.820 207.079
Equals: Real adjusted Michigan personal
income............................... $1,426 $1,351
Percentage change ........................ -5.2%
Percentage change in excess of 2% ........ 0.0%
Multiplied by: estimated GF/GP revenue in
FY 2008-2009 (millions).............. 8,306.1
Equals: countercyclical budget and
economic stabilization fund calculation
for the fiscal year ending September 30,
2009................................. -$431.9
Sec. 213. Funds appropriated in part 1 shall not be used by
this state, a department, an agency, or an authority of this state
to purchase an ownership interest in a casino enterprise or a
gambling operation as those terms are defined in the Michigan
gaming control and revenue act, the Initiated Law of 1996, MCL
432.201 to 432.226.
Sec. 214. 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. 216. (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) 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. 226. 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.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $1,500,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $1,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
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 $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 302. (1) The attorney general shall perform all legal
services, including representation before courts and administrative
agencies rendering legal opinions and providing legal advice to a
principal executive department or state agency. A principal
executive department or state agency shall not employ or enter into
a contract with any other person for services described in this
section.
(2) The attorney general shall defend judges of all state
courts if a claim is made or a civil action is commenced for
injuries to persons or property caused by the judge through the
performance of the judge's duties while acting within the scope of
his or her authority as a judge.
(3) The attorney general shall perform the duties specified in
1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to
14.102, and as otherwise provided by law.
Sec. 303. The attorney general may sell copies of the biennial
report in excess of the 350 copies that the attorney general may
distribute on a gratis basis. Gratis copies shall not be provided
to members of the legislature. Electronic copies of biennial
reports shall be made available on the department of attorney
general's website. The attorney general shall sell copies of the
report at not less than the actual cost of the report and shall
deposit the money received into the general fund.
Sec. 304. The department of attorney general is responsible
for the legal representation for state of Michigan state employee
worker's disability compensation cases. The risk management
revolving fund revenue appropriation in part 1 is to be satisfied
by billings from the department of attorney general for the actual
costs of legal representation, including salaries and support
costs.
Sec. 305. In addition to the funds appropriated in part 1, not
more than $400,000.00 shall be reimbursed per fiscal year for food
stamp fraud cases heard by the third circuit court of Wayne County
that were initiated by the department of attorney general pursuant
to the existing contract between the department of human services,
the prosecuting attorneys association of Michigan, and the
department of attorney general. The source of this funding is money
earned by the department of attorney general under the agreement
after the allowance for reimbursement to the department of attorney
general for costs associated with the prosecution of food stamp
fraud cases. It is recognized that the federal funds are earned by
the department of attorney general for its documented progress on
the prosecution of food stamp fraud cases according to the United
States department of agriculture regulations and that, once earned
by this state, the funds become state funds.
Sec. 306. Any proceeds from a lawsuit initiated by or
settlement agreement entered into on behalf of this state against a
manufacturer of tobacco products by the attorney general are state
funds and are subject to appropriation as provided by law.
Sec. 307. (1) In addition to the antitrust revenues in part 1,
antitrust, securities fraud, consumer protection or class action
enforcement revenues, or attorney fees recovered by the department,
not to exceed $250,000.00, are appropriated to the department for
antitrust, securities fraud, and consumer protection or class
action enforcement cases.
(2) Any unexpended funds from antitrust, securities fraud, or
consumer protection or class action enforcement revenues at the end
of the fiscal year, including antitrust funds in part 1, may be
carried forward for expenditure in the following fiscal year up to
the maximum authorization of $250,000.00.
Sec. 308. (1) In addition to the funds appropriated in part 1,
there is appropriated up to $500,000.00 from litigation expense
reimbursements awarded to the state.
(2) The funds may be expended for the payment of court
judgments or settlements, attorney fees, and litigation expenses
not including salaries and support costs, assessed against the
office of the governor, the department of the attorney general, the
governor, or the attorney general when acting in an official
capacity as the named party in litigation against the state. The
funds may also be expended for the payment of state costs incurred
under section 16 of chapter X of the code of criminal procedure,
1927 PA 175, MCL 770.16.
(3) Unexpended funds at the end of the fiscal year may be
carried forward for expenditure in the following year, up to a
maximum authorization of $500,000.00.
Sec. 309. From the prisoner reimbursement funds appropriated
in part 1, the department may spend up to $470,600.00 on activities
related to the state correctional facilities reimbursement act,
1935 PA 253, MCL 800.401 to 800.406. In addition to the funds
appropriated in part 1, if the department collects in excess of
$1,131,000.00 in gross annual prisoner reimbursement receipts
provided to the general fund, the excess, up to a maximum of
$1,000,000.00, is appropriated to the department of attorney
general and may be spent on the representation of the department of
corrections and its officers, employees, and agents, including, but
not limited to, the defense of litigation against the state, its
departments, officers, employees, or agents in civil actions filed
by prisoners.
Sec. 310. (1) For the purposes of providing title IV-D child
support enforcement funding, the department of human services, as
the state IV-D agency, shall maintain a cooperative agreement with
the attorney general for federal IV-D funding to support the child
support enforcement activities within the office of the attorney
general.
(2) The attorney general or his or her designee shall, to the
extent allowable under federal law, have access to any information
used by the state to locate parents who fail to pay court-ordered
child support.
Sec. 312. Except as authorized by supplemental appropriation
or transfer in accordance with section 301 of this bill or section
393 of the management and budget act, 1984 PA 431, MCL 18.1393, the
department of attorney general may not receive or expend funds in
addition to those authorized in part 1 for legal services provided
specifically to other state departments or agencies except for
costs for expert witnesses, court costs, or other nonsalary
litigation expenses associated with a pending legal action.
DEPARTMENT OF CIVIL RIGHTS
Sec. 401. In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $2,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
Sec. 402. (1) In addition to the appropriations contained in
part 1, the department of civil rights may receive and expend funds
from local or private sources for all of the following purposes:
(a) Developing and presenting training for employers on equal
employment opportunity law and procedures.
(b) The publication and sale of civil rights related
informational material.
(c) The provision of copy material made available under
freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation
processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs
consistent with the programmatic mission of the individual unit
sponsoring or coordinating the programs.
(2) The department of civil rights shall annually report to
the state budget director, the senate and house of representatives
standing committees on appropriations, and the senate and house
fiscal agencies the amount of funds received and expended for
purposes authorized under this section.
Sec. 403. The department of civil rights may contract with
local units of government to review equal employment opportunity
compliance of potential contractors and may charge for and expend
amounts received from local units of government for the purpose of
developing and providing these contractual services.
INFORMATION TECHNOLOGY
Sec. 573. (1) The department of information technology may
sell and accept paid advertising for placement on any state website
under its jurisdiction. The department shall review and approve the
content of each advertisement. The department may refuse to accept
advertising from any person or organization or require modification
to advertisements based upon criteria determined by the department.
Revenue received under this subsection shall be used for operating
costs of the department and for future technology enhancements to
state of Michigan e-government initiatives. Funds received under
this subsection shall be limited to $250,000.00. Any funds in
excess of $250,000.00 shall be deposited in the state general fund.
(2) The department of information technology may accept gifts,
donations, contributions, bequests, and grants of money from any
public or private source to assist with the underwriting or
sponsorship of state web pages or services offered on those web
pages. A private or public funding source may receive recognition
in the web page. The department of information technology may
reject any gift, donation, contribution, bequest, or grant.
(3) Funds accepted by the department of information technology
under subsection (1) are appropriated and allotted when received
and may be expended upon approval of the state budget director. The
state budget office shall notify the senate and house of
representatives standing committees on appropriations subcommittees
on general government and the senate and house fiscal agencies
within 10 days after the approval is given.
(4) By April 1, the department of information technology shall
report to the senate and house of representatives standing
committees on appropriations and the senate and house fiscal
agencies that a statement of the total revenue received from the
sale of paid advertising accepted under this section and a
statement of the total number of advertising transactions are
available on the department's website.
Sec. 574. The department of information technology may enter
into agreements to supply spatial information and technical
services to other principal executive departments, state agencies,
local units of government, and other organizations. The department
of information technology may receive and expend funds in addition
to those authorized in part 1 for providing information and
technical services, publications, maps, and other products. The
department of information technology may expend amounts received
for salaries, supplies, and equipment necessary to provide
informational products and technical services.
Sec. 575. The legislature shall have access to all historical
and current data contained within MAIN pertaining to state
departments. State departments shall have access to all historical
and current data contained within MAIN.
Sec. 576. When used in this act, "information technology
services" means services involving all aspects of managing and
processing information including, but not limited to, all of the
following:
(a) Application development and maintenance.
(b) Desktop computer support and management.
(c) Mainframe computer support and management.
(d) Server support and management.
(e) Local area network support and management.
(f) Information technology contract, project, and procurement
management.
(g) Information technology planning and budget management.
(h) Telecommunication services, security, infrastructure, and
support.
(i) Software and software licensing.
Sec. 577. (1) Funds appropriated in part 1 for the Michigan
public safety communications system shall be expended upon approval
of an expenditure plan by the state budget director.
(2) The department of information technology shall assess all
subscribers of the Michigan public safety communications system
reasonable access and maintenance fees.
(3) All money received by the department of information
technology under this section shall be expended for the support and
maintenance of the Michigan public safety communications system.
(4) The department of information technology shall provide a
report to the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director on April 15 and on October 15,
indicating the amount of revenue collected under this section and
expended for support and maintenance of the Michigan public safety
communications system for the immediately preceding 6-month period.
Any deposits made under this section and unencumbered funds are
restricted revenues and may be carried forward into succeeding
fiscal years.
Sec. 580. From the funds appropriated in part 1 to general
services, for the department of state, there is appropriated
$4,550,000.00 for the business application modernization project.
Funds shall only be used for the development, implementation, and
maintenance of the business application modernization project.
Sec. 586. (1) The state budget director, upon notification to
the house and senate appropriations committees, may adjust spending
authorization and user fees in the department of information
technology budget in order to ensure that the appropriations for
information technology in the department budget equal the
appropriations for information technology in the budgets for all
executive branch agencies.
(2) If during the course of the fiscal year a transfer or
supplemental to or from the information technology line item within
an agency budget is made under section 393 of the management and
budget act, 1984 PA 431, MCL 18.1393, there is appropriated an
equal amount of user fees in the department of information
technology budget to accommodate an increase or decrease in
spending authorization.
Sec. 587. (1) Revenue collected from licenses issued under the
antenna site management project shall be deposited into the antenna
site management revolving fund created for this purpose in the
department of information technology. The department may receive
and expend money from the fund for costs associated with the
antenna site management project, including the cost of a third-
party site manager. Any excess revenue remaining in the fund at the
close of the fiscal year shall be proportionately transferred to
the appropriate state restricted funds as designated in statute or
by constitution.
(2) An antenna shall not be placed on any site pursuant to
this section without complying with the respective local zoning
codes and local unit of government processes.
Sec. 588. In addition to the funds appropriated in part 1, the
funds collected by the department for supplying census-related
information and technical services, publications, statistical
studies, population projections and estimates, and other
demographic products area appropriated for all expenses necessary
to provide the required services. These funds are available for
expenditure when they are received and may be carried forward into
the next succeeding fiscal year.
LEGISLATURE
Sec. 600. The senate, the house of representatives, or an
agency within the legislative branch may receive, expend, and
transfer funds in addition to those authorized in part 1.
Sec. 601. (1) Funds appropriated in part 1 to an entity within
the legislative branch shall not be expended or transferred to
another account without written approval of the authorized agent of
the legislative entity. If the authorized agent of the legislative
entity notifies the state budget director of its approval of an
expenditure or transfer before the year-end book-closing date for
that legislative entity, the state budget director shall
immediately make the expenditure or transfer. The authorized
legislative entity agency shall be designated by the speaker of the
house of representatives for house entities, the senate majority
leader for senate entities, and the legislative council for
legislative council entities.
(2) Funds appropriated within the legislative branch, to a
legislative council component, shall not be expended by any agency
or other subgroup included in that component without the approval
of the legislative council.
Sec. 602. The senate may charge rent and assess charges for
utility costs. The amounts received for rent charges and utility
assessments are appropriated to the senate for the renovation,
operation, and maintenance of the Farnum building and other
properties.
Sec. 603. The appropriation contained in part 1 for national
association dues is to be distributed by the legislative council.
From the funding appropriated, $51,000.00 shall be paid as annual
dues to the national conference of commissioners on uniform state
laws.
Sec. 604. (1) The appropriation in part 1 to the legislative
council includes funds to operate the legislative parking
facilities in the capitol area. The legislative council shall
establish rules regarding the operation of the legislative parking
facilities.
(2) The legislative council shall collect a fee from state
employees and the general public using certain legislative parking
facilities. The revenues received from the parking fees shall be
allocated by the legislative council.
Sec. 605. The appropriation in part 1 to the legislative
council for publication of the Michigan manual is a work project
account. The unexpended portion remaining on September 30 shall not
lapse and shall be carried forward into the subsequent fiscal year
for use in paying the associated biennial costs of publication of
the Michigan manual.
Sec. 606. The appropriations in part 1 to the legislative
branch, for property management, shall be used to purchase
equipment and services for building maintenance in order to ensure
a safe and productive work environment. These funds are designated
as work project appropriations and shall not lapse at the end of
the fiscal year, and shall continue to be available for expenditure
until the project has been completed. The total cost is estimated
at $500,000.00, and the tentative completion date is September 30,
2011.
Sec. 607. The appropriations in part 1 to the legislative
branch, for automated data processing, shall be used to purchase
equipment, software, and services in order to support and implement
data processing requirements and technology improvements. These
funds are designated as work project appropriations and shall not
lapse at the end of the fiscal year, and shall continue to be
available for expenditure until the project has been completed. The
total cost is estimated at $500,000.00, and the tentative
completion date is September 30, 2011.
Sec. 608. In addition to funds appropriated in part 1, the
Michigan capitol committee publications save the flags fund account
may accept contributions, gifts, bequests, devises, grants, and
donations. Those funds that are not expended in the fiscal year
ending September 30 shall not lapse at the close of the fiscal
year, and shall be carried forward for expenditure in the following
fiscal years.
LEGISLATIVE AUDITOR GENERAL
Sec. 620. Pursuant to section 53 of article IV of the state
constitution of 1963, the auditor general shall conduct audits of
the judicial branch. The audits may include the supreme court and
its administrative units, the court of appeals, and trial courts.
Sec. 621. (1) The auditor general shall take all reasonable
steps to ensure that certified minority- and women-owned and
operated accounting firms, and accounting firms owned and operated
by persons with disabilities participate in the audits of the
books, accounts, and financial affairs of each principal executive
department, branch, institution, agency, and office of this state.
(2) The auditor general shall strongly encourage firms with
which the auditor general contracts to perform audits of the
principal executive departments and state agencies to subcontract
with certified minority- and women-owned and operated accounting
firms, and accounting firms owned and operated by persons with
disabilities.
(3) The auditor general shall compile an annual report
regarding the number of contracts entered into with certified
minority- and women-owned and operated accounting firms, and
accounting firms owned and operated by persons with disabilities.
The auditor general shall deliver the report to the state budget
director and the senate and house of representatives standing
committees on appropriations subcommittees on general government by
November 1 of each year.
Sec. 622. From the funds appropriated in part 1 to the
legislative auditor general, the auditor general's salary and the
salaries of the remaining 2.0 FTE unclassified positions shall be
set by the speaker of the house of representatives, the senate
majority leader, the house of representatives minority leader, and
the senate minority leader.
Sec. 623. Any audits, reviews, or investigations requested of
the auditor general by the legislature or by legislative
leadership, legislative committees, or individual legislators shall
include an estimate of the additional costs involved and, when
those costs exceed $50,000.00, should provide supplemental funding.
The auditor general shall determine whether to perform those
activities in keeping with Audit Directive No. 29, which describes
the office of the auditor general's policy on responding to
legislative requests.
DEPARTMENT OF MANAGEMENT AND BUDGET
Sec. 701. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $2,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $3,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $50,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 702. Proceeds in excess of necessary costs incurred in
the conduct of transfers or auctions of state surplus, salvage, or
scrap property made pursuant to section 267 of the management and
budget act, 1984 PA 431, MCL 18.1267, are appropriated to the
department of management and budget to offset costs incurred in the
acquisition and distribution of federal surplus property.
Sec. 704. (1) The department of management and budget may
receive and expend funds in addition to those authorized by part 1
for maintenance and operation services provided specifically to
other principal executive departments or state agencies, the
legislative branch, the judicial branch, or private tenants, or
provided in connection with facilities transferred to the
operational jurisdiction of the department of management and
budget.
(2) The department of management and budget may receive and
expend funds in addition to those authorized by part 1 for real
estate, architectural, design, and engineering services provided
specifically to other principal executive departments or state
agencies, the legislative branch, or the judicial branch.
(3) The department of management and budget may receive and
expend funds in addition to those authorized in part 1 for mail
pickup and delivery services provided specifically to other
principal executive departments and state agencies, the legislative
branch, or the judicial branch.
(4) The department of management and budget may receive and
expend funds in addition to those authorized in part 1 for
purchasing services provided specifically to other principal
executive departments and state agencies, the legislative branch,
or the judicial branch.
Sec. 705. (1) The source of financing in part 1 for statewide
appropriations shall be funded by assessments against longevity and
insurance appropriations throughout state government in a manner
prescribed by the department of management and budget. Funds shall
be used as specified in joint labor/management agreements or
through the coordinated compensation hearings process. Any deposits
made under this subsection and any unencumbered funds are
restricted revenues, may be carried over into the succeeding fiscal
years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for
statewide appropriations, the department of management and budget
may receive and expend funds in such additional amounts as may be
specified in joint labor/management agreements or through the
coordinated compensation hearings process in the same manner and
subject to the same conditions as prescribed in subsection (1).
Sec. 706. To the extent a specific appropriation is required
for a detailed source of financing included in part 1 for the
department of management and budget appropriations financed from
special revenue and internal service and pension trust funds, or
MAIN user charges, the specific amounts are appropriated within the
special revenue internal service and pension trust funds in
portions not to exceed the aggregate amount appropriated in part 1.
Sec. 707. In addition to the funds appropriated in part 1 to
the department of management and budget, the department may receive
and expend funds from other principal executive departments and
state agencies to implement donated annual leave and administrative
leave bank transfer provisions as may be specified in joint
labor/management agreements. The amounts may also be transferred to
other principal executive departments and state agencies under the
joint agreement and any amounts transferred under the joint
agreement are authorized for receipt and expenditure by the
receiving principal executive department or state agency. Any
amounts received by the department of management and budget under
this section and intended, under the joint labor/management
agreements, to be available for use beyond the close of the fiscal
year and any unencumbered funds may be carried over into the
succeeding fiscal year.
Sec. 708. The source of financing in part 1 for the Michigan
administrative information network shall be funded by proportionate
charges assessed against the respective state funds benefiting from
this project in the amounts determined by the department.
Sec. 709. (1) Deposits against the interdepartmental grant
from building occupancy and parking charges appropriated in part 1
shall be collected, in part, from state agencies, the legislative
branch, and the judicial branch based on estimated costs associated
with maintenance and operation of buildings managed by the
department of management and budget. To the extent excess revenues
are collected due to estimates of building occupancy charges
exceeding actual costs, the excess revenues may be carried forward
into succeeding fiscal years for the purpose of returning funds to
state agencies.
(2) Appropriations in part 1 to the department of management
and budget, for management and budget services from building
occupancy charges and parking charges, may be increased to return
excess revenue collected to state agencies.
Sec. 711. The department of management and budget shall
maintain an Internet website that contains notice of all
invitations for bids and requests for proposals over $50,000.00
issued by the department or by any state agency operating under
delegated authority. The department shall not accept an invitation
for bid or request for proposal in less than 14 days after the
notice is made available on the Internet website, except in
situations where it would be in the best interest of the state and
documented by the department. In addition to the requirements of
this section, the department may advertise the invitations for bids
and requests for proposals in any manner the department determines
appropriate, in order to give the greatest number of individuals
and businesses the opportunity to make bids or requests for
proposals.
Sec. 712. The department of management and budget may receive
and expend funds from the Vietnam veterans memorial monument fund
as provided in the Michigan Vietnam veterans memorial act, 1988 PA
234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated
when received and may be expended upon receipt.
Sec. 713. The Michigan veterans' memorial park commission may
receive and expend money from any source, public or private,
including, but not limited to, gifts, grants, donations of money,
and government appropriations, for the purposes described in
Executive Order No. 2001-10. Funds are appropriated and allocated
when received and may be expended upon receipt. Any deposits made
under this section and unencumbered funds are restricted revenues
and may be carried over into succeeding fiscal years.
Sec. 715. (1) Funds in part 1 for motor vehicle fleet are
appropriated to the department of management and budget for
administration and for the acquisition, lease, operation,
maintenance, repair, replacement, and disposal of state motor
vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall
be funded by revenue from rates charged to principal executive
departments and agencies for utilizing vehicle travel services
provided by the department. Revenue in excess of the amount
appropriated in part 1 from the motor transport fund and any
unencumbered funds are restricted revenues and may be carried over
into the succeeding fiscal year.
(3) The department of management and budget may charge state
agencies for fuel cost increases that exceed $2.27 per gallon of
unleaded gasoline. The department shall notify state agencies, in
writing or by electronic mail, at least 30 days before implementing
additional charges for fuel cost increases. Revenues received from
these charges are appropriated upon receipt.
Sec. 721. In addition to the funds appropriated in part 1, the
department of management and budget may receive and expend money
from the Michigan law enforcement officers memorial monument fund
as provided in the Michigan law enforcement officers memorial act,
2004 PA 177, MCL 28.781 to 28.787.
Sec. 722. In addition to the funds appropriated in part 1, the
department of management and budget may receive and expend money
from the Ronald Wilson Reagan memorial monument fund as provided in
the Ronald Wilson Reagan memorial monument fund commission act,
2004 PA 489, MCL 399.261 to 399.266.
Sec. 723. The department shall make available to the public a
list of all parcels of real property owned by the state that are
available for purchase. The list shall be posted on the Internet
through the department's website.
Sec. 724. In addition to the funds appropriated in part 1, the
funds collected by the department for document and data imaging
services, copies, media, and storage, as well as conferences,
workshops and training classes, are appropriated for all expenses
necessary to provide the required services. These funds are
available for expenditure when they are received and may be carried
forward into the next succeeding fiscal year.
STATE BUILDING AUTHORITY
Sec. 725. (1) Subject to section 242 of the management and
budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the
state building authority, the department may expend from the
general fund of the state during the fiscal year ending September
30, 2010 an amount to meet the cash flow requirements of those
state building authority projects solely for lease to a state
agency identified in both part 1 and this section, and for which
state building authority bonds or notes have not been issued, and
for the sole acquisition by the state building authority of
equipment and furnishings for lease to a state agency as permitted
by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of
bonds or notes is authorized by a legislative concurrent resolution
that is effective for the fiscal year ending September 30, 2010.
Any general fund advances for which state building authority bonds
have not been issued shall bear an interest cost to the state
building authority at a rate not to exceed that earned by the state
treasurer's common cash fund during the period in which the
advances are outstanding and are repaid to the general fund of the
state.
(2) Upon sale of bonds or notes for the projects identified in
part 1 or for equipment as authorized by legislative concurrent
resolution and in this section, the state building authority shall
credit the general fund of the state an amount equal to that
expended from the general fund plus interest, if any, as defined in
this section.
(3) For state building authority projects for which bonds or
notes have been issued and upon the request of the state building
authority, the state treasurer shall make advances without interest
from the general fund as necessary to meet cash flow requirements
for the projects, which advances shall be reimbursed by the state
building authority when the investments earmarked for the financing
of the projects mature.
(4) In the event that a project identified in part 1 is
terminated after final design is complete, advances made on behalf
of the state building authority for the costs of final design shall
be repaid to the general fund in a manner recommended by the
director and approved by the JCOS.
Sec. 726. (1) State building authority funding to finance
construction or renovation of a facility that collects revenue in
excess of money required for the operation of that facility shall
not be released to a university or community college unless the
institution agrees to reimburse that excess revenue to the state
building authority. The excess revenue shall be credited to the
general fund to offset rent obligations associated with the
retirement of bonds issued for that facility. The auditor general
shall annually identify and present an audit of those facilities
that are subject to this section. Costs associated with the
administration of the audit shall be charged against money
recovered pursuant to this section.
(2) As used in this section, "revenue" includes state
appropriations, facility opening money, other state aid, indirect
cost reimbursement, and other revenue generated by the activities
of the facility.
Sec. 727. (1) The state building authority rent appropriations
in part 1 may also be expended for the payment of required premiums
for insurance on facilities owned by the state building authority
or payment of costs that may be incurred as the result of any
deductible provisions in such insurance policies.
(2) If the amount appropriated in part 1 for state building
authority rent is not sufficient to pay the rent obligations and
insurance premiums and deductibles identified in subsection (1) for
state building authority projects, there is appropriated from the
general fund of the state the amount necessary to pay such
obligations.
Sec. 728. The department of management and budget shall
provide the JCOS, state budget director and the senate and house
fiscal agencies a report relative to the status of construction
projects associated with state building authority bonds as of
September 30 of each year, on or before October 15, or not more
than 30 days after a refinancing or restructuring bond issue is
sold. The report shall include, but is not limited to, the
following:
(a) A list of all completed construction projects for which
state building authority bonds have been sold, and which bonds are
currently active.
(b) A list of all projects under construction for which sale
of state building authority bonds is pending.
(c) A list of all projects authorized for construction or
identified in an appropriations act for which approval of
schematic/preliminary plans or total authorized cost is pending
that have state building authority bonds identified as a source of
financing.
CIVIL SERVICE
Sec. 750. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $2,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $5,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $100,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
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 $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 751. (1) All restricted funds shall be assessed a sum not
less than 1% of the total aggregate payroll paid from those funds
for financing the civil service commission on the basis of actual
1% restricted sources total aggregate payroll of the classified
service for fiscal year 2009 in accordance with section 5 of
article XI of the state constitution of 1963. This includes, but is
not limited to, restricted funds appropriated in part 1 of any
appropriations act. Unexpended 1% appropriated funds shall be
returned to each 1% fund source at the end of the fiscal year.
(2) The appropriations in part 1 are estimates of actual
charges based on payroll appropriations. With the approval of the
state budget director, the commission is authorized to adjust
financing sources for civil service charges based on actual payroll
expenditures, provided that such adjustments do not increase the
total appropriation for the civil service commission.
(3) The financing from restricted sources shall be credited to
the civil service commission by the end of the second fiscal
quarter.
Sec. 752. Except where specifically appropriated for this
purpose, financing from restricted sources shall be credited to the
civil service commission. For restricted sources of funding within
the general fund that have the legislative authority for carryover,
if current spending authorization or revenues are insufficient to
accept the charge, the shortage shall be taken from carryforward
balances of that funding source. Restricted revenue sources that do
not have carryforward authority shall be utilized to satisfy
commission operating deducts first and civil service obligations
second. General fund dollars are appropriated for any shortfall,
pursuant to approval by the state budget director.
Sec. 753. The appropriation in part 1 to the civil service
commission, for state-sponsored group insurance, flexible spending
accounts, and COBRA, represents amounts, in part, included within
the various appropriations throughout state government for the
current fiscal year to fund the flexible spending account program
included within the civil service commission. Deposits against
state-sponsored group insurance, flexible spending accounts, and
COBRA for the flexible spending account program shall be made from
assessments levied during the current fiscal year in a manner
prescribed by the civil service commission. Unspent employee
contributions to the flexible spending accounts may be used to
offset administrative costs for the flexible spending account
program, with any remaining balance of unspent employee
contributions to be lapsed to the general fund.
CAPITAL OUTLAY
Sec. 760. As used in sections 761 through 769:
(a) "Board" means the state administrative board.
(b) "Community college" does not include a state agency or
university.
(c) "Department" means the department of management and
budget.
(d) "Director" means the director of the department of
management and budget.
(e) "Fiscal agencies" means the senate fiscal agency and the
house fiscal agency.
(f) "State agency" means an agency of state government. State
agency does not include a community college or university.
(g) "State building authority" means the authority created
under 1964 PA 183, MCL 830.411 to 830.425.
(h) "University" means a 4-year university supported by the
state. University does not include a community college or a state
agency.
Sec. 761. Each capital outlay project authorized in this bill
or any previous capital outlay act shall comply with the procedures
required by the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 762. A statement of a proposed facility's operating cost
shall be included with the facility's program statement and
planning documents when the plans are presented to JCOS for
approval.
Sec. 763. (1) Before proceeding with final planning and
construction for projects at community colleges and universities
included in an appropriations act, the community college or
university shall sign an agreement with the department that
includes the following provisions:
(a) The university or community college agrees to construct
the project within the total authorized cost established by the
legislature pursuant to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594, and an appropriations act.
(b) The design and program scope of the project shall not
deviate from the design and program scope represented in the
program statement and preliminary planning documents approved by
the department.
(c) Any other items as identified by the department that are
necessary to complete the project.
(2) The department retains the authority and responsibility
normally associated with the prudent maintenance of the public's
financial and policy interests relative to the state-financed
construction projects managed by a community college or university.
Sec. 764. (1) The department shall provide the JCOS, state
budget director, and the senate and house fiscal agencies with
reports as considered necessary relative to the status of each
planning or construction project financed by the state building
authority, by this bill, or by previous acts.
(2) Before the end of each fiscal year, the department shall
report to the JCOS, state budget director, and the senate and house
fiscal agencies for each capital outlay project other than lump
sums all of the following:
(a) The account number and name of each construction project.
(b) The balance remaining in each account.
(c) The date of the last expenditure from the account.
(d) The anticipated date of occupancy if the project is under
construction.
(e) The appropriations history for the project.
(f) The professional service contractor.
(g) The amount of the project financed with federal funds.
(h) The amount of the project financed through the state
building authority.
(i) The total authorized cost for the project and the state
authorized share if different than the total.
(3) Before the end of each fiscal year, the department shall
report the following for each project by a state agency,
university, or community college that is authorized for planning
but is not yet authorized for construction:
(a) The name of the project and account number.
(b) Whether a program statement is approved.
(c) Whether schematics are approved by the department.
(d) Whether preliminary plans are approved by the department.
(e) The name of the professional service contractor.
(4) As used in this section, "project" includes appropriation
line items made for purchase of real estate.
Sec. 765. A state agency, college, or university shall take
steps necessary to make available federal and other money indicated
in this bill, to make available federal or other money that may
become available for the purposes for which appropriations are made
in this bill, and to use any part or all of the appropriations to
meet matching requirements that are considered to be in the best
interest of this state. However, the purpose, scope, and total
estimated cost of a project shall not be altered to meet the
matching requirements.
Sec. 766. (1) The director shall allocate lump-sum
appropriations made in this bill consistent with statutory
provisions and the purposes for which funds were appropriated.
Lump-sum allocations shall address priority program or facility
needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major
special maintenance, energy conservation, and demolition.
(2) The state budget director may authorize that funds
appropriated for lump-sum appropriations shall be available for no
more than 3 fiscal years following the fiscal year in which the
original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which
it was appropriated pursuant to the lapsing of funds as provided in
the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 767. The appropriations in part 1 for capital outlay
shall be carried forward at the end of the fiscal year consistent
with the provisions of section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
Sec. 768. (1) A site preparation economic development fund is
created in the department of management and budget. As used in this
section, "economic development sites" means those state-owned sites
declared as surplus property pursuant to section 251 of the
management and budget act, 1984 PA 431, MCL 18.1251, that would
provide economic benefit to the area or to the state. The Michigan
economic development corporation board and the state budget
director shall determine whether or not a specific state-owned site
qualifies for inclusion in the fund created under this subsection.
(2) Proceeds from the sale of any sites designated in
subsection (1) shall be deposited into the fund created in
subsection (1) and shall be available for site preparation
expenditures, unless otherwise provided by law. The economic
development sites authorized in subsection (1) are authorized for
sale consistent with state law. Expenditures from the fund are
authorized for site preparation activities that enhance the
marketable sale value of the sites. Site preparation activities
include, but are not limited to, demolition, environmental studies
and abatement, utility enhancement, and site excavation.
(3) A cash advance in an amount of not more than
$25,000,000.00 is authorized from the general fund to the site
preparation economic development fund.
(4) An annual report shall be transmitted to the senate and
house of representatives standing committees on appropriations not
later than December 31 of each year. This report shall detail both
of the following:
(a) The revenue and expenditure activity in the fund for the
preceding fiscal year.
(b) The sites identified as economic development sites under
subsection (1).
Sec. 769. (1) Except as otherwise provided in subsection (3)
or (4), a university shall not enter into a contract for new
construction of a self-funded project estimated to cost at least
$3,000,000.00 unless the project is authorized by JCOS through
approval of a use and finance statement defined by a policy adopted
by JCOS. The request for authorization shall be initially submitted
for review to JCOS, the senate and house fiscal agencies, and the
department. The use and finance statement for a non-state-funded
project shall contain the estimated total construction cost and all
associated estimated operating costs, including a statement of
anticipated project revenues. As used in this subsection, "new
construction" includes land or property acquisition, remodeling and
additions, maintenance projects, roads, landscaping, equipment,
telecommunications, utilities, and parking lots and structures.
Certificate of need forms may be submitted in lieu of a use and
finance form where applicable.
(2) Except as otherwise provided in subsection (4), a
community college shall not enter into a contract for new
construction of a self-funded project estimated to cost at least
$2,000,000.00 unless the project is authorized by JCOS through
approval of a use and finance statement defined by a policy adopted
by JCOS. The request for legislative authorization shall be
initially submitted for review to JCOS, the senate and house fiscal
agencies, and the department. The use and finance statement for a
non-state-funded project shall contain the estimated total
construction cost and all associated estimated operating costs,
including a statement of anticipated project revenues. As used in
this subsection, "new construction" includes land or property
acquisition, remodeling and additions, maintenance projects, roads,
landscaping, equipment, telecommunications, utilities, and parking
lots and structures. Certificate of need forms may be submitted in
lieu of a use and finance form where applicable.
(3) The University of Michigan hospital and health center is
not required to obtain JCOS authorization through approval of a use
and finance statement defined by a policy adopted by JCOS.
(4) If health or safety concerns warrant, a project may be
completed without prior approval of a use and finance statement
defined by a policy adopted by JCOS. However, a university or
community college shall submit a use and finance statement as soon
as possible after the project is completed and the health or safety
concerns have abated.
(5) A project that is constructed in violation of this section
shall not receive state appropriations for purposes of operating
the project or for support for future infrastructure enhancements
that are necessitated, in whole or in part, by construction of the
project. In addition, a project constructed in violation of this
section shall result in the loss of any state capital outlay
funding for the institution for 2 years and a prohibition of doing
self-funded projects of any kind, except for emergencies where
health or safety concerns warrant, for 1 year.
(6) A state agency, including the department of military
affairs, shall not enter into a contract, including those for a
direct federally funded capital outlay construction or major
maintenance or remodeling project if the total project is estimated
to cost more than $1,000,000.00 and is to be constructed on state-
owned lands unless the project is approved by the department and
JCOS through approval of a use and finance statement defined by a
policy adopted by JCOS, unless the project is otherwise
appropriated in a capital outlay appropriations act. For projects
not appropriated in a capital outlay appropriations act that are
over $1,000,000.00, the state agency shall submit a use and finance
statement defined by a policy adopted by JCOS. As used in this
subsection, "direct federally funded" refers to a project for which
federal payments are made directly to the construction vendor and
not to the state of Michigan.
(7) A public body corporate created under section 28 of
article VII of the state constitution of 1963 and the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512, by a contractual interlocal agreement between local
participating economic development corporations formed under the
economic development corporations act, 1974 PA 338, MCL 125.1601 to
125.1636, and the Michigan strategic fund shall not enter into a
contract for new construction estimated to cost more than
$1,000,000.00 unless the project is authorized by JCOS through the
approval of a use and finance statement defined by a policy adopted
by JCOS. For purposes of this subsection, the use and finance
statement for a project shall contain the estimated total
construction cost and all associated estimated operating costs. As
used in this subsection, "new construction" means land or property
acquisition, remodeling or additions, lease or lease purchase, and
maintenance projects for the corporate office of the public body
corporate described in this subsection.
(8) By not later than April 1 and October 1, each university
shall report to the JCOS chairpersons, the senate and house fiscal
agencies, and the department all self-funded capital projects
commenced for the immediately preceding 6-month period that cost
less than $3,000,000.00 but at least $1,000,000.00. Community
colleges shall also submit these reports for self-funded capital
projects that cost less than $2,000,000.00 but at least
$1,000,000.00.
DEPARTMENT OF STATE
Sec. 801. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $2,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $7,500,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $50,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
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 $100,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 802. In addition to the appropriations in part 1 all
funds made available by section 3171 of the insurance code of 1956,
1956 PA 218, MCL 500.3171, are appropriated and made available to
the department of state to be expended only for the uses and
purposes for which the funds are received as provided by sections
3171 to 3177 of the insurance code of 1956, 1956 PA 218, MCL
500.3171 to 500.3177.
Sec. 803. From the funds appropriated in part 1, the
department of state shall sell copies of records including, but not
limited to, records of motor vehicles, off-road vehicles,
snowmobiles, watercraft, mobile homes, personal identification
cardholders, drivers, and boat operators and shall charge $7.00 per
record sold only as authorized in section 208b of the Michigan
vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222,
MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue
received from the sale of records shall be credited to the
transportation administration collection fund created under section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.
Sec. 804. From the funds appropriated in part 1, the secretary
of state may enter into agreements with the department of
corrections for the manufacture of vehicle registration plates 15
months before the registration year in which the registration
plates will be used.
Sec. 805. (1) In addition to the appropriations in part 1 the
department of state may accept gifts, donations, contributions, and
grants of money and other property from any private or public
source to underwrite, in whole or in part, the cost of a
departmental publication that is prepared and disseminated under
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. A
private or public funding source may receive written recognition in
the publication and may furnish a traffic safety message, subject
to departmental approval, for inclusion in the publication. The
department may reject a gift, donation, contribution, or grant. The
department may furnish copies of a publication underwritten, in
whole or in part, by a private source to the underwriter at no
charge.
(2) In addition to the appropriations in part 1 the department
of state may sell and accept paid advertising for placement in a
departmental publication that is prepared and disseminated under
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. The
department may charge and receive a fee for any advertisement
appearing in a departmental publication and shall review and
approve the content of each advertisement. The department may
refuse to accept advertising from any person or organization. The
department may furnish a reasonable number of copies of a
publication to an advertiser at no charge.
(3) Pending expenditure, the funds received under this section
shall be deposited in the Michigan department of state publications
fund created by section 211 of the Michigan vehicle code, 1949 PA
300, MCL 257.211. Funds given, donated, or contributed to the
department from a private source are appropriated and allocated for
the purpose for which the revenue is furnished. Funds granted to
the department from a public source are allocated and may be
expended upon receipt. The department shall not accept a gift,
donation, contribution, or grant if receipt is conditioned upon a
commitment of state funding at a future date. Revenue received from
the sale of advertising is appropriated and may be expended upon
receipt.
(4) Any unexpended revenues received under this section shall
be carried over into subsequent fiscal years and shall be available
for appropriation for the purposes described in this section.
(5) On March 1 of each year, the department of state shall
file a report with 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 all of the
following information:
(a) The amount of gifts, contributions, donations, and grants
of money received by the department under this section for the
prior fiscal year.
(b) A listing of the expenditures made from the amounts
received by the department as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, or grant of
property other than funding received by the department under this
section for the prior year.
(d) The total revenue received from the sale of paid
advertising accepted under this section and a statement of the
total number of advertising transactions.
(6) In addition to copies delivered without charge as the
secretary of state considers necessary, the department of state may
sell copies of manuals and other publications regarding the sale,
ownership, or operation or regulation of motor vehicles, with
amendments, at prices to be established by the secretary of state.
As used in this subsection, the term "manuals and other
publications" includes videos and proprietary electronic
publications. All funds received from sales of these manuals and
other publications shall be credited to the Michigan department of
state publications fund.
Sec. 806. In addition to the appropriations in part 1 funds
collected by the department of state under section 211 of the
Michigan vehicle code, 1949 PA 300, MCL 257.211, are appropriated
for all expenses necessary to provide for the costs of the
publication. Funds 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. 807. From the funds appropriated in part 1, the
department of state shall use available balances at the end of the
state fiscal year to provide payment to the department of state
police in the amount of $332,000.00 for the services provided by
the traffic accident records program as first appropriated in 1990
PA 196 and 1990 PA 208.
Sec. 808. From the funds appropriated in part 1, the
department of state may restrict funds from miscellaneous revenue
to cover cash shortages created from normal branch office
operations. This amount shall not exceed $50,000.00 of the total
funds available in miscellaneous revenue.
Sec. 809. (1) Commemorative and specialty license plate fee
revenue collected by the department of state and deposited into the
transportation administration collection fund is authorized for
expenditure up to the amount of revenue collected but not to exceed
the amount appropriated to the department of state in part 1 to
administer commemorative and specialty license plate programs.
(2) Commemorative and specialty license plate fee revenue
collected by the department of state and deposited in the
transportation administration collection fund, in addition to the
amount appropriated in part 1 to the department of state, shall
remain in the transportation administration collection fund and be
available for future appropriation.
Sec. 810. (1) In addition to the appropriations in part 1
collector plate and fund-raising registration plate revenues
collected by the department of state are appropriated and allotted
for distribution to the recipient university or public or private
agency overseeing a state-sponsored goal when received.
Distributions shall occur on a quarterly basis or as otherwise
authorized by law. Any revenues remaining at the end of the fiscal
year shall not lapse to the general fund but shall remain available
for distribution to the university or agency in the next fiscal
year.
(2) In addition to the appropriations in part 1 funds or
revenues in the Olympic education training center fund are
appropriated for distribution to the Olympic education training
center at Northern Michigan University. Distributions shall occur
on a quarterly basis. Any undistributed revenue remaining at the
end of the fiscal year shall be carried over into the next fiscal
year.
Sec. 811. The department of state may produce and sell copies
of a training video designed to inform registered automotive repair
facilities of their obligations under Michigan law. The price shall
not exceed the cost of production and distribution. The money
received from the sale of training videos shall revert to the
department of state and be placed in the auto repair facility
account.
Sec. 812. (1) The department of state, in collaboration with
the gift of life transplantation society or its successor federally
designated organ procurement organization, may develop and
administer a public information campaign concerning the Michigan
organ donor program.
(2) The department may solicit funds from any private or
public source to underwrite, in whole or in part, the public
information campaign authorized by this section. The department may
accept gifts, donations, contributions, and grants of money and
other property from private and public sources for this purpose. A
private or public funding source underwriting the public
information campaign, in whole or in substantial part, shall
receive sponsorship credit for its financial backing.
(3) Funds received under this section, including grants from
state and federal agencies, shall not lapse to the general fund at
the end of the fiscal year but shall remain available for
expenditure for the purposes described in this section.
(4) Funding appropriated in part 1 for the organ donor program
shall be used for producing a pamphlet to be distributed with
driver licenses and personal identification cards regarding organ
donations. The funds shall be used to update and print a pamphlet
that will explain the organ donor program and encourage people to
become donors by marking a checkoff on driver license and personal
identification card applications.
(5) The pamphlet shall include a return reply form addressed
to the gift of life organization. Funding appropriated in part 1
for the organ donor program shall be used to pay for return postage
costs.
(6) In addition to the appropriations in part 1, the
department of state may receive and expend funds from the organ and
tissue donation education fund for administrative expenses.
Sec. 816. (1) In addition to the appropriations in part 1 any
service assessment collected by the department of state from the
user of a credit or debit card under section 3 of 1995 PA 144, MCL
11.23, is appropriated to the department for necessary expenses
related to that service and may be remitted to a credit or debit
card company, bank, or other financial institution. Funds are
allocated for expenditure when they are received by the department
of treasury.
(2) The service assessment imposed by the department of state
for credit and debit card services may be based either on a
percentage of each individual credit or debit card transaction, or
on a flat rate per transaction, or both scaled to the amount of the
transaction. However, the department shall not charge any amount
for a service assessment which exceeds the costs billable to the
department for service assessments.
(3) If there is a balance of service assessments received from
credit and debit card services remaining on September 30, the
balance may be carried forward to the following fiscal year and
appropriated for the same purpose.
(4) As used in this section, "service assessment" means and
includes costs associated with service fees imposed by credit and
debit card companies and processing fees imposed by banks and other
financial institutions.
Sec. 818. (1) Funds in part 1 for motorcycle safety education
grants and administration shall be sued to provide grants to
colleges, universities, intermediate school districts, local school
districts, law enforcement agencies, or other governmental agencies
located in the state, to help subsidize safety training courses for
individuals interested in operating motorcycles.
(2) Funds in part 1 for motorcycle safety education grants and
administration may be sued by the department of state for
administration costs of the motorcycle safety education program, to
include, but not be limited to, review and approval or disapproval
of grant applications, monitoring eligibility of motorcycle safety
instructors, conducting program evaluation, certifying third-party
testers, and inspecting training sites.
Sec. 819. From the funds appropriated in part 1 to the
department of state for information technology services and
projects, there is appropriated $4,550,000.00 for the business
application modernization project. Funds shall only be used for the
development, implementation, and maintenance of the business
application modernization project.
Sec. 821. (1) The department of state may accept nonmonetary
gifts, donations, or contributions of property from any private or
public source to support, in whole or in part, the operation of a
departmental function relating to licensing, regulation, or safety.
The department may recognize a private or public contributor for
making the contribution. The department may reject a gift,
donation, or contribution.
(2) The department of state shall not accept a gift, donation,
or contribution under subsection (1) if receipt of the gift,
donation, or contribution is conditioned upon a commitment of
future state funding.
(3) On March 1 of each year, the department of state shall
file a report with the senate and house of representatives standing
committees on appropriations, the senate and house fiscal agencies,
and the state budget director. The report shall list any gift,
donation, or contribution received by the department under
subsection (1) for the prior calendar year.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 901. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $1,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $10,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $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 bill
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 $40,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 902. (1) Amounts needed to pay for interest, fees,
principal, mandatory and optional redemptions, arbitrage rebates as
required by federal law, and costs associated with the payment,
registration, trustee services, credit enhancements, and issuing
costs in excess of the amount appropriated to the department of
treasury in part 1 for debt service on notes and bonds that are
issued by the state under sections 14, 15, and 16 of article IX of
the state constitution of 1963 as implemented by 1967 PA 266, MCL
17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated an
amount for fiscal year cash-flow borrowing costs to pay for
interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to
12.53.
(3) In addition to the amount appropriated to the department
of treasury for debt service in part 1, there is appropriated all
repayments received by the state on loans made from the school bond
loan fund not required to be deposited in the school loan revolving
fund by or pursuant to MCL 388.984, to the extent determined by the
state treasurer, for the payment of debt service, including,
without limitation, optional and mandatory redemptions, on bonds,
notes or commercial paper issued by the state pursuant to 1961 PA
112.
Sec. 903. (1) From the funds appropriated in part 1, the
department of treasury may contract with private collection
agencies and law firms to collect taxes and other accounts due this
state. In addition to the amounts appropriated in part 1 to the
department of treasury, there are appropriated amounts necessary to
fund collection costs and fees not to exceed 25% of the collections
or 2.5% plus operating costs, whichever amount is prescribed by
each contract. The appropriation to fund collection costs and fees
for the collection of taxes or other accounts due this state are
from the fund or account to which the revenues being collected are
recorded or dedicated. However, if the taxes collected are
constitutionally dedicated for a specific purpose, the
appropriation of collection costs and fees are from the general
purpose account of the general fund.
(2) From the funds appropriated in part 1, the department of
treasury may contract with private collections agencies and law
firms to collect defaulted student loans and other accounts due the
Michigan guaranty agency. In addition to the amounts appropriated
in part 1 to the department of treasury, there are appropriated
amounts necessary to fund collection costs and fees not to exceed
22% of the collection or a lesser amount as prescribed by the
contract. The appropriation to fund collection costs and fees for
the auditing and collection of defaulted student loans due the
Michigan guaranty agency is from the fund or account to which the
revenues being collected are recorded or dedicated.
(3) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the agencies or law firms employed, the amount of
collections for each, the costs of collection, and other pertinent
information relating to determining whether this authority should
be continued.
Sec. 904. (1) The department of treasury, through its bureau
of investments, may charge an investment service fee against the
applicable retirement funds. The fees may be expended for necessary
salaries, wages, contractual services, supplies, materials,
equipment, travel, worker's compensation insurance premiums, and
grants to the civil service commission and state employees'
retirement funds. Service fees shall not exceed the aggregate
amount appropriated in part 1. The department of treasury shall
maintain accounting records in sufficient detail to enable the
retirement funds to be reimbursed periodically for fee revenue that
is determined by the department of treasury to be surplus.
(2) In addition to the funds appropriated in part 1 from the
retirement funds to the department of treasury, there is
appropriated from retirement funds an amount sufficient to pay for
the services of money managers, investment advisors, investment
consultants, custodians, and other outside professionals, the state
treasurer considers necessary to prudently manage the retirement
funds' investment portfolios. The state treasurer shall report
annually to the senate and house of representatives standing
committees on appropriations and the state budget office concerning
the performance of each portfolio by investment advisor.
Sec. 904a. (1) There is appropriated an amount sufficient to
recognize and pay expenditures for financial services provided by
financial institutions as provided under section 1 of 1861 PA 111,
MCL 21.181.
(2) The appropriations under subsection (1) shall be funded by
restricting revenues from common cash interest earnings and
investment earnings in an amount sufficient to record these
expenditures.
Sec. 906. (1) The department of treasury shall charge for
audits as permitted by state or federal law or under contractual
arrangements with local units of government, other principal
executive departments, or state agencies. A report detailing audits
performed and audit charges for the immediately preceding fiscal
year shall be submitted to the state budget director and the senate
and house fiscal agencies not later than November 30.
(2) The appropriation in part 1 to the department of treasury,
for state compliance audits, shall be used to cover the cost of the
state audits performed by independent certified public accountants
or department of treasury auditors. The scope of the state audit
shall be defined by the state treasurer. The state audits shall be
performed by independent certified public accountants contracted
with by the state treasurer or by department of treasury auditors,
if the county has agreed to contract with and pay the department
for their financial single audit.
(3) The state audits shall be performed for the most current
county fiscal year in conjunction with the financial single audit.
The state audit may be performed either by certified public
accountants contracted by the state treasurer or department of
treasury staff, independent of the financial single audit, if a
state audit has not been performed within the last 3 years.
Sec. 907. A revolving fund known as the assessor certification
and training fund is created in the department of treasury. The
assessor certification and training fund shall be used to organize
and operate a property assessor certification and training program.
Each participant certified and trained shall pay to the department
of treasury an examination fee of $50.00, an initial certification
fee of $50.00, an annual renewal fee of $75.00 for levels 1 and 2,
and $125.00 for levels 3 and 4 to offset the cost of administering
the certification and training program. Training courses shall be
offered in assessment administration. Each participant shall pay a
fee to cover the expenses incurred in offering the optional
programs to certified assessing personnel and other individuals
interested in an assessment career opportunity. The fees collected
shall be credited to the assessor certification and training fund.
Sec. 908. The amount appropriated in part 1 to the department
of treasury, home heating assistance program, is to cover the
costs, including data processing, of administering federal home
heating credits to eligible claimants and to administer the
supplemental fuel cost payment program for eligible tax credit and
welfare recipients.
Sec. 909. Revenue from the airport parking tax act, 1987 PA
248, MCL 207.371 to 207.383, is appropriated and shall be
distributed under section 7a of the airport parking tax act, 1987
PA 248, MCL 207.377a.
Sec. 910. The disbursement by the department of treasury from
the bottle deposit fund to dealers as required by section 3c(2) of
the Initiated Law of 1976, MCL 445.573c, is appropriated.
Sec. 911. (1) There is appropriated an amount sufficient to
recognize and pay refundable income tax credits as provided by the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) The appropriations under subsection (1) shall be funded by
restricting income tax revenue in an amount sufficient to record
these expenditures.
Sec. 912. A plaintiff in a garnishment action involving this
state shall pay to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of
periodic payments is served upon the state treasurer, as provided
in section 4012 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment
is served upon the state treasurer, except that the fee shall be
reduced to $5.00 for each writ of garnishment for individual income
tax refunds or credits filed by magnetic media.
Sec. 913. The department of treasury may contract with private
firms to appraise and, if necessary, appeal the assessments of
senior citizen cooperative housing units. Payment for this service
shall be from savings resulting from the appraisal or appeal
process. The department of treasury may utilize up to 1 percent of
the funds for program administration.
Sec. 914. The department of treasury may provide a $200.00
annual prize from the Ehlers internship award account in the gifts,
bequests, and deposit fund to the runner-up of the Rosenthal prize
for interns. The Ehlers internship award account is interest
bearing.
Sec. 915. Pursuant to section 61 of the Michigan campaign
finance act, 1976 PA 388, MCL 169.261, there is appropriated from
the general fund to the state campaign fund an amount equal to the
amounts designated for tax year 2008. Except as otherwise provided
in this section, the amount appropriated shall not revert to the
general fund and shall remain in the state campaign fund. Any
amounts remaining in the state campaign fund in excess of
$10,000,000.00 on December 31, 2009 shall revert to the general
fund.
Sec. 916. The department of treasury may make available to
interested entities otherwise unavailable customized unclaimed
property listings of nonconfidential information in its possession.
The charge for this information is as follows: 1 to 100,000 records
at 2.5 cents per record and 100,001 or more records at .5 cents per
record. The revenue received from this service shall be deposited
to the appropriate revenue account or fund. The department shall
submit an annual report on or before June 1 to the state budget
director and the senate and house of representatives standing
committees on appropriations that states the amount of revenue
received from the sale of information.
Sec. 917. (1) There is appropriated for write-offs and
advances an amount equal to total write-offs and advances for
departmental programs, but not to exceed current year
authorizations that would otherwise lapse to the general fund.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than November 30,
stating the amounts appropriated for write-offs and advances under
subsection (1).
Sec. 918. In addition to funds appropriated in part 1, the
department of treasury may receive and expend funds for conducting
tax orientation workshops and seminars. Funds received may not
exceed costs incurred in conducting the workshops and seminars.
Sec. 919. (1) From funds appropriated in part 1, the
department of treasury may contract with private auditing firms to
audit for and collect unclaimed property due this state in
accordance with the Michigan uniform unclaimed property act. In
addition to the amounts appropriated in part 1 to the department of
treasury, there are appropriated amounts necessary to fund auditing
and collection costs and fees not to exceed 12% of the collections,
or a lesser amount as prescribed by the contract. The appropriation
to fund collection costs and fees for the auditing and collection
of unclaimed property due this state is from the fund or account to
which the revenues being collected are recorded or dedicated.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year ending September 30 to the state
budget director and the senate and house of representatives
standing committees on appropriations not later than November 30
stating the auditing firms employed, the amount of collections for
each, the costs of collection, and other pertinent information
relating to determining whether this authority should be continued.
Sec. 920. Payments from the appropriation in part 1 to the
department of treasury for grants to counties in lieu of taxes for
lands transferred to the federal government include a payment for
Sleeping Bear Dunes national lakeshore under 1974 PA 359, MCL 3.901
to 3.910.
Sec. 921. The state general fund/general purpose appropriation
in part 1 for renaissance zone reimbursement is allocated to
reimburse public libraries as provided by section 12 of the
Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for
property taxes levied in 2009. Reimbursements shall be made in
amounts to each eligible recipient not later than 60 days after the
department of treasury has received all necessary information to
properly determine the amounts due each eligible recipient under
section 12(4) of the Michigan renaissance zone act, 1996 PA 376,
MCL 125.2692. Any excess allocations shall lapse to the general
fund.
Sec. 922. The department of treasury shall submit a report for
the immediately preceding fiscal year ending September 30 to the
senate and house of representatives standing committees on
appropriations subcommittees on general government, the senate and
house fiscal agencies, and the state budget director by November 30
stating the amount of Michigan transportation fund revenue
collected and the cost of collection.
Sec. 924. (1) In addition to the funds appropriated in part 1,
the department of treasury may receive and expend principal
residence audit fund revenue for administration of principal
residence audits under the general property tax act, 1893 PA 206,
MCL 211.1 to 211.155.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than December 31,
stating the amount of revenue appropriated for principal residence
audits under subsection (1).
Sec. 925. (1) A public-private partnership investment fund is
created in the department of treasury. Public-private partnership
investments shall include, but are not limited to, all of the
following:
(a) Capital asset improvements including buildings, land, or
structures.
(b) Energy resource exploration, extraction, generation, and
sales.
(c) Financial and investment incentive opportunities.
(d) Infrastructure construction, maintenance, and operation.
(e) Public-private sector joint ventures that provide economic
benefit to an area or to the state.
(2) The state treasurer and the state budget director shall
determine whether or not a specific public-private partnership
investment opportunity qualifies for funding from the fund created
under subsection (1).
(3) Investment development revenue, including a portion of the
proceeds from the sale of any public-private partnership investment
designated in subsection (1) shall be deposited into the fund
created in subsection (1) and shall be available for
administration, development, financing, marketing, and operating
expenditures associated with public-private partnerships, unless
otherwise provided by law. Public-private partnership investments
authorized in subsection (1) are authorized for public or private
operation or sale consistent with state law. Expenditures from the
fund are authorized for investment purposes as designated in
subsection (1) to enhance the marketable value of each investment.
(4) An annual report shall be transmitted to the senate and
house of representatives appropriations committees, the senate and
house fiscal agencies, and the state budget office not later than
December 31 of each year. This report shall detail both of the
following:
(a) The revenue and expenditure activity in the fund for the
preceding fiscal year.
(b) Public-private partnership investments as identified under
subsection (1).
Sec. 928. The department of treasury may provide receipt,
warrant and cash processing, data, collection, investment, fiscal
agent, levy and warrant cost assessment, writ of garnishment, and
other user services on a contractual basis for other principal
executive departments and state agencies. Funds for the services
provided are appropriated and shall be expended for salaries and
wages, fees, supplies, and equipment necessary to provide the
services. Any unobligated balance of the funds received shall
revert to the general fund of this state as of September 30.
Sec. 929. The department of treasury may enter into agreements
to supply data or collection services to other executive principal
departments or state agencies, the United States department of
treasury, or local units of government within this state. The
department of treasury shall charge for this tax data service and
amounts received are appropriated and shall be expended for
salaries and wages, fees, supplies, and equipment necessary to
provide the service. Any unobligated balance of the fund shall
revert to the general fund of this state as of September 30.
Sec. 930. (1) The department of treasury shall provide
accounts receivable collections services to other principal
executive departments and state agencies under 1927 PA 375, MCL
14.131 to 14.134. The department of treasury shall deduct a fee
equal to the cost of collections from all receipts except
unrestricted general fund collections. Fees shall be credited to a
restricted revenue account and appropriated to the department of
treasury to pay for the cost of collections. The department of
treasury shall maintain accounting records in sufficient detail to
enable the respective accounts to be reimbursed periodically for
fees deducted that are determined by the department of treasury to
be surplus to the actual cost of collections.
(2) The department of treasury shall submit a report for the
immediately preceding fiscal year to the state budget director and
the senate and house fiscal agencies not later than November 30,
stating the principal executive departments and state agencies
served, funds collected, and costs of collection under subsection
(1).
Sec. 931. (1) The appropriation in part 1 to the department of
treasury for treasury fees shall be assessed against all restricted
funds that receive common cash earnings or other investment income.
Treasury fees include all costs, including administrative overhead,
relating to the investment of each restricted fund. The fee
assessed against each restricted fund will be based on the size of
the restricted fund (the absolute value of the average daily cash
balance plus the market value of investments in the prior fiscal
year) and the level of effort necessary to maintain the restricted
fund as required by each department. The department of treasury
shall provide a report to the state budget director, the senate and
house of representatives standing committees on appropriations
subcommittees on general government, and the senate and house
fiscal agencies by November 30 of each year identifying the fees
assessed against each restricted fund and the methodology used for
assessment.
(2) In addition to the funds appropriated in part 1, the
department of treasury may receive and expend investment fees
relating to new restricted funding sources that participate in
common cash earnings or other investment income during the current
fiscal year. When a new restricted fund is created starting on or
after October 1, that restricted fund shall be assessed a fee using
the same criteria identified in subsection (1).
Sec. 932. In addition to the appropriations in part 1 revenue
received under the Michigan education trust act, 1986 PA 316, MCL
390.1421 to 390.1442, may be expended by the board of directors of
the Michigan education trust for necessary salaries, wages,
supplies, contractual services, equipment, worker's compensation
insurance premiums, and grants to the civil service commission and
state employees' retirement fund.
Sec. 934. In addition to the appropriations in part 1 the
department of treasury may expend revenues received under the
hospital finance authority act, 1969 PA 38, MCL 331.31 to 331.84,
for necessary salaries, wages, supplies, contractual services,
equipment, worker's compensation insurance premiums, and grants to
the civil service commission and state employees' retirement fund.
The department of treasury shall maintain accounting records in
sufficient detail to enable the hospital clients to be reimbursed
periodically for fees that are determined by the department of
treasury to be surplus to needs.
Sec. 935. In addition to the appropriations in part 1 the
department of treasury may expend revenue received under the shared
credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076, for
necessary salaries, wages, supplies, contractual services,
equipment, worker's compensation insurance premiums, and grants to
the civil service commission and state employees' retirement fund.
Sec. 936. The department of treasury shall establish a
separate account for the funds related to the Michigan higher
education facilities authority. In addition to the appropriations
in part 1 the department of treasury may expend revenue received
under the higher education facilities authority act, 1969 PA 295,
MCL 390.921 to 390.934, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance
premiums, and grants to the civil service commission and state
employees' retirement fund. The department of treasury shall
maintain accounting records in sufficient detail to enable the
educational institution clients to be reimbursed periodically for
fees that are determined by the department to be surplus to needs.
Sec. 937. In addition to the appropriations in part 1 the
department of treasury may expend revenues received under the
Michigan public educational facilities authority, Executive Order
No. 2002-3, for necessary salaries, wages, supplies, contractual
services, equipment, worker's compensation insurance premiums, and
grants to the civil service commission and state employees'
retirement fund.
Sec. 939. It is the intent of the legislature that the state
treasurer, acting within his or her capacity as the investment
fiduciary for public employee pension funds and consistent with
1965 PA 314, MCL 38.1132 to 38.1140m, give appropriate
consideration to investments in early stage, university derived
life science companies located in Michigan, or investments in
venture capital funds that invest in those companies to the extent
those investments offer the safety and rate of return comparable to
other investments permitted and available at the time the
investment decision is made.
Sec. 940. In addition to the appropriations in part 1 the
department of treasury may expend revenue received under the
Michigan tobacco settlement finance authority act, 2005 PA 226, MCL
129.261 to 129.279, for necessary salaries and wages, supplies,
contractual services, equipment, worker’s compensation insurance
premiums, and grants to the civil service commission and state
employees' retirement fund.
Sec. 942. The funds appropriated in part 1 for the property
tax appeal program shall be used by the department to assist local
units of government and school districts in defending appeals of
property tax assessments on property classified as utility personal
property under section 34c(3)(e) of the general property tax act,
1893 PA 206, MCL 211.34c, with a taxable value greater than
$50,000,000.00.
Sec. 943. The department of treasury shall not include
complete social security numbers in form 1099-G mailings to
taxpayers.
Sec. 944. Revenue from the emergency 9-1-1 service enabling
act, 1986 PA 32, MCL 484.1101 to 484.171, is appropriated and shall
be distributed under section 408 (4) of the emergency 9-1-1 service
enabling act, 1986 PA 32, MCL 484.1408.
REVENUE SHARING
Sec. 950. (1) The funds appropriated in part 1 for
constitutional revenue sharing shall be distributed by the
department to cities, villages, and townships, as required under
section 10 of article IX of the state constitution of 1963. Revenue
collected in accordance with section 10 of article IX of the state
constitution of 1963 in excess of the amount appropriated in part 1
for constitutional revenue sharing is appropriated for distribution
to cities, villages, and townships, on a population basis as
required under section 10 of article IX of the state constitution
of 1963. The appropriation in part 1 for statutory state general
revenue sharing grants to cities, villages, and townships shall be
reduced by an amount equal to any additional constitutional revenue
sharing appropriations authorized in this section.
(2) The funds appropriated in part 1 for statutory revenue
sharing shall be distributed to cities, villages, and townships so
that the combined distribution, under section 10 of article IX of
the state constitution of 1963, and statutory revenue sharing,
under this subsection, shall be the lesser of 100%, or the
percentage determined under this subsection, of the total combined
distribution under section 10 of article IX of the state
constitution of 1963 and the statutory distribution received under
section 950(2) of PA 127 of 2007 for the 2007-2008 state fiscal
year. The percentage under this subsection shall be determined by
dividing the sum of all payments under section 10 of article IX of
the state constitution of 1963 for the 2009-2010 state fiscal year
and $414,995,300.00 by $1,076,214,600,00.
(3) If the amount appropriated in part 1 for statutory revenue
sharing is insufficient to fund the distributions calculated in
subsection (2), additional statutory revenue sharing shall be
automatically appropriated.
(4) In addition to the payment under subsection (2), each
city, village, and township shall receive an amount equal to 2% of
the statutory amount the city, village, or township received in the
2007 state fiscal year under the Glenn Steil state revenue sharing
act of 1971, 1971 PA 140, MCL 141.901 to 141.921.
Sec. 952. Of the funds appropriated in part 1 for special
grants to cities, $212,000.00 shall be used to restore revenue
sharing reductions contained in Executive Order No. 2003-23 to a
city that had an emergency financial manager appointed under the
local government fiscal responsibility act, 1990 PA 72, MCL
141.1201 to 141.1291, continuously from December 10, 2003 through
September 30, 2010.
Sec. 955. (1) There is appropriated to each county an amount
equal to the amount distributed to each county in the state fiscal
year ending September 30, 2004, pursuant to the Glenn Steil state
revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921,
adjusted through the date of restoration by the inflation rate as
defined in section 34d of the general property tax act, 1893 PA
206, MCL 211.34d, and reduced by the amount each county is
authorized to annually expend in that county's fiscal year
beginning after September 30, 2004, from its revenue sharing
reserve fund pursuant to section 44a of the general property tax
act, 1893 PA 206, MCL 211.44a.
(2) The department of treasury shall annually certify to the
state budget director the amount each county is authorized to
expend from its revenue sharing reserve fund.
LOTTERY
Sec. 960. In addition to the funds appropriated in part 1 to
the bureau of state lottery, there is appropriated from lottery
revenues the amount necessary for, and directly related to,
implementing and operating lottery games. Appropriations under this
section shall only be expended for contractually mandated payments
for vendor commissions, contractually mandated payments for instant
tickets intended for resale, the contractual costs of providing and
maintaining the on-line system communications network, and
incentive and bonus payments to lottery retailers.
Sec. 961. The funds appropriated in part 1 to the bureau of
state lottery shall not be used for any promotional efforts
directed towards individuals who are less than 18 years of age.
Sec. 963. In addition to the funds appropriated in part 1 to
the bureau of state lottery, there is appropriated 1% of the prior
fiscal year’s lottery ticket sales for promotion and advertising.
CASINO GAMING
Sec. 971. From the revenue collected by the Michigan gaming
control board regarding the total annual assessment of each casino
licensee, $2,000,000.00 is appropriated and shall be deposited in
the compulsive gaming prevention fund as described in section
12a(5) of the Michigan gaming control and revenue act, the
Initiated Law of 1996, MCL 432.212a.
Sec. 972. In addition to the funds appropriated in part 1,
funds distributed by the Michigan gaming control board to the
department of treasury for oversight of casino gaming are
appropriated upon receipt. These funds may be used to pay for costs
incurred for casino gaming oversight activities.
Sec. 973. (1) Funds appropriated in part 1 for local
government programs may be used to provide assistance to a local
revenue sharing board referenced in an agreement authorized by the
Indian gaming regulatory act, Public Law 100-497.
(2) A local revenue sharing board described in subsection (1)
shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275, and the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(3) A county treasurer is authorized to receive and administer
funds received for and on behalf of a local revenue sharing board.
Funds appropriated in part 1 for local government programs may be
used to audit local revenue sharing board funds held by a county
treasurer. This section does not limit the ability of local units
of government to enter into agreements with federally recognized
Indian tribes to provide financial assistance to local units of
government or to jointly provide public services.
(4) The director of the department of state police and the
executive director of the Michigan gaming control board are
authorized to assist the local revenue sharing boards in
determining allocations to be made to local public safety
organizations.
(5) The department of treasury shall submit a report by
September 30 to the senate and house of representatives standing
committees on appropriations and the state budget director on the
receipts and distribution of revenues by local revenue sharing
boards.
Sec. 974. If revenues collected in the state services fee fund
are less than the amounts appropriated from the fund, available
revenues shall be used to fully fund the appropriation in part 1
for casino gaming regulation activities before distributions are
made to other state departments and agencies. If the remaining
revenue in the fund is insufficient to fully fund appropriations to
other state departments or agencies, the shortfall shall be
distributed proportionally among those departments and agencies.
MICHIGAN STRATEGIC FUND
Sec. 1001. (1) In addition to the funds appropriated in part
1, there is appropriated an amount not to exceed $10,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $1,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this bill 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 $700,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this bill
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 1002. (1) The appropriation in part 1 to the fund for the
economic diversification skills training program is focused on
skills businesses need to compete in the twenty-first century. The
purpose of this program is to assist companies doing business in
Michigan to develop a specific skill for their Michigan workers to
compete in the global economy, to provide Michigan workers with
emerging skills training for high-technology activities, and to
create or retain high-paying jobs for Michigan workers.
(2) Not more than $800,000.00 of the total appropriation in
part 1 may be expended for administrative costs by the fund. Not
more than 10% of the total grant award may be expended by a
recipient for administration costs.
(3) No funds appropriated in part 1 to the fund for economic
diversification skills training program grants may be expended for
training of permanent striker replacement workers.
(4) An applicant may be a school district, intermediate school
district, community college, public or private nonprofit college or
university, nonprofit organization whose primary purpose is to
provide education programs or employment and training services or
vocational rehabilitation programs or school-to-work transition
programs, local workforce development board, the headquarters of a
federal and state-sponsored manufacturing technology center, a for-
profit business, or a consortium consisting of any combination of
the eligible entities listed in this section.
(5) On or before October 1, the fund shall publish proposed
application criteria, instructions, and forms for use by eligible
applicants. The fund shall provide at least a 2-week period for
public comment prior to finalization of the application criteria,
instructions, and forms.
(6) The award process will include a simple notice of intent
to be reviewed to see if the application merits further
consideration. If so, a full application may be submitted.
Applications for all grants shall be submitted to the fund, and
each application shall contain at least all of the following:
(a) The name, address, and total number of employees of each
business organization whose employees are receiving job training.
(b) A description of the specific job skills that will be
taught.
(c) A clear statement of the project's scope of activities and
number of participants to be involved.
(d) A commitment to maintain participant records in a form and
manner required by the fund.
(e) A budget which relates to the proposed activities and
various program components.
(7) In the awarding of grants, the fund shall consider the
following criteria:
(a) Training in skills needed for high-technology activities,
as defined in section 3(l) of the Michigan economic growth
authority act, 1995, PA 24 as amended.
(b) Demonstrated need for the type of training offered.
(c) Creation or retention of high wage and high skilled level
jobs within a predetermined time period.
(d) Other criteria determined by the fund to be important.
(8) A recipient of a grant under this section shall not charge
tuition or fees to participants in the program funded by economic
diversification skills job training program grants. However, a
nonprofit organization may charge tuition or fees if the tuition
plan or fees are recognized by the state and the nonprofit
organization receives additional funding from other governmental or
private funding sources for its programs.
(9) For training delivered to incumbent workers, the employer
receiving the benefit of the training shall provide a minimum of
30% of the program costs in matching funds as necessitated by the
program.
(10) Grant funds shall be expended on a cost reimbursement
basis. Grant funds may be used for job training and development
activities in furtherance of the purposes listed in subsection (1).
These activities include, but are not limited to:
(a) Job training needed to perform a high-technology activity,
as defined in section 3(l) of the Michigan economic growth
authority act, 1995 PA 24, as amended.
(b) Job training for which there is a demonstrated need for
the type of training offered.
(c) Participation in a degree program at a Michigan community
college, college or university, in a program related to the
performance of a high-technology activity, as defined in section
3(l) of the Michigan economic growth authority act, 1995 PA 24, as
amended.
(d) Development of job training curriculum for skills needed
to perform a high-technology activity, as defined in section 3(l)
of the Michigan economic growth authority act, 1995 PA 24, as
amended.
(e) Reimbursement of wages of employees participating in job
training funded under this section.
(f) Training and related costs necessary to obtain a
particular certification in connection with an expertise or skill
required for a business to remain competitive or for a business
within the supply chain of a business that has received an economic
diversification skills training fund grant.
(g) Consulting services that assist a business with expanding
operations into a high-technology activity, as defined in section
3(l) of the Michigan economic growth authority act, 1995 PA 24, as
amended.
(h) Recruitment assistance, provided that recruitment
assistance may only be reimbursed upon the grantee’s demonstration
to the satisfaction of the fund that recruitment is targeted to a
particular skill set that is in limited supply in Michigan.
(11) For grants to for-profit businesses, if the employer does
not create or retain the number of jobs specified in the grant
agreement within the time period determined by the fund, the
employer shall reimburse the fund for the entire grant awarded,
reduced by the ratio of the number of jobs that were actually
created or retained to the number of jobs to be created or retained
under the grant agreement. The number of actual jobs created and
retained will be certified by the employer and verified via audit
after the training is completed.
(12) A recipient of a grant under this section shall allow the
fund or the agency's designee to audit all records related to the
grant for all entities that receive money, either directly or
indirectly through a contract, from the grant funds. A grant
recipient or contractor shall reimburse the state for all
disallowances found in the audit. Costs disallowed under subsection
(11) based on the employer job creation and retention requirements
are not the same as the training costs that are disallowed in this
subsection.
(13) The fund shall provide to the state budget director and
the fiscal agencies by November 1 of each year a report on economic
diversification skills training program grants. The report shall
provide this information for each grant or contract awarded during
the preceding full fiscal year. The report shall contain all of the
following:
(a) The amount and recipient of each grant or contract.
(b) The number of participants under each grant or contract
and the number of new hires who are in training under the grant.
(c) The names and total number of employees of all business
organizations for whom training is or will be provided.
(d) The matching funds, if any, to be provided by a business
organization.
(e) The number of jobs created as a result of the grant.
Sec. 1003. The Michigan growth capital fund shall be used to
develop the technology business sector in Michigan. The Michigan
growth capital fund will be used to encourage private and public
investment in the technology business sector, and all of the
following apply:
(a) An applicant must match state funds on a 1:1 basis.
(b) Eligible uses of the Michigan growth capital fund include
investments in organizations and programs that promote the
development of new industry sectors in Michigan; inducements to
attract additional venture capital funds to finance technology
development; support organizations, initiatives, or events that
promote entrepreneurship; provide match for university federal
research grants; and support technology transfer and
commercialization programs with universities and the private
sector.
(c) The Michigan economic development corporation shall
administer the Michigan growth capital fund.
(d) All funds received from repayment of loans, unused grants,
revenues received from sales or cash flow participation agreements,
guarantees, or any combination thereof or interest thereon,
originally distributed as part of the Michigan growth capital fund,
shall be received, held, and applied by the fund for the purposes
described in this section.
(e) The Michigan economic development corporation shall
provide an annual report on the status of the Michigan growth
capital fund to the senate appropriations subcommittee on economic
development, the house appropriations subcommittee on general
government, the senate and house fiscal agencies, and the state
budget office by January 31.
Sec. 1004. Travel Michigan may establish and collect a fee to
cover the cost of materials and processing of photographic prints,
slides, videotapes, and travel product database information that
are requested by the media and other segments of the public and
private sectors. In addition to the appropriations in part 1, the
fees collected shall be appropriated for all expenses necessary to
purchase and distribute these photographic prints, slides,
videotapes, and travel product database information. The funds are
available for expenditure when they are received by the department
of treasury.
Sec. 1005. In addition to the appropriations in part 1, travel
Michigan may receive and expend private revenue related to the use
of the "Michigan Great Lakes. Great Times.", "The Upper Hand", and
"Pure Michigan" copyrighted slogans and images. This revenue may
come from the direct licensing of the name and image or from the
royalty payments from various merchandise sales. Revenue collected
is appropriated for the marketing of the state as a travel
destination. The funds are available for expenditure when they are
received by the department of treasury.
Sec. 1006. The fund shall submit on February 15 to the
subcommittees, the state budget office, and the fiscal agencies a
listing of all grants which have been awarded by the fund or by the
Michigan economic development corporation from the funds
appropriated in part 1. The list shall include all of the
following:
(a) The name of the recipient.
(b) The amount awarded to the recipient.
(c) The purpose of the grant.
Sec. 1007. (1) The fund shall provide reports to the relevant
subcommittees, the state budget director, and the fiscal agencies
concerning the activities of the Michigan economic development
corporation grants and investment programs financed from the fund
using investment or Indian gaming revenues. The report shall
provide a list of individual grants and loans made from the fund.
The report shall include, but not be limited to, the following
programs funded in part 1:
(a) Travel Michigan, including any expenditures authorized
under section 89b of the Michigan strategic fund act, 1984 PA 270,
MCL 125.2089b, to supplement the Michigan promotion program. The
report shall include the number of commercials produced, the
markets in which media buys have been made, and any web-based
products that were created with these funds.
(b) Business attraction, retention, and growth, including any
expenditures authorized under section 89b of the Michigan strategic
fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan
business marketing program. The report shall include the number of
commercials produced, the markets in which media buys have been
made, and any web-based products that were created as a result of
this appropriation.
(c) Business services.
(d) Community development block grants.
(e) Strategic fund administration.
(f) Renaissance zones.
(g) 21st century investment program.
(h) Business and clean air ombudsman.
(i) Economic diversification skills training program grants.
(j) Any other programs of the fund.
(2) The reports in subsection (1) shall be submitted by
January 15. The report for each program in subsection (1)(a)
through (j) shall include details on all revenue sources, actual
expenditures, and number of FTEs for that program for the previous
fiscal year.
Sec. 1008. As a condition of receiving funds under part 1, any
interlocal agreement entered into by the fund shall include
language which states that if a local unit of government has a
contract or memorandum of understanding with a private economic
development agency, the Michigan economic development corporation
will work cooperatively with that private organization in that
local area.
Sec. 1009. (1) Of the funds appropriated to the fund or
through grants to the Michigan economic development corporation, no
funds shall be expended for the purchase of options on land or the
purchase of land unless at least 1 of the following conditions
applies:
(a) The land is located in an economically distressed area.
(b) The land is obtained through a purchase or exercise of an
option at the invitation of the local unit of government and local
economic development agency.
(2) Consideration may be given to purchases where the proposed
use of the land is consistent with a regional land use plan, will
result in the redevelopment of an economically distressed area, can
be supported by existing infrastructure, and will not cause shifts
in population away from the area's population centers.
(3) As used in this section, "economically distressed area"
means an area in a city, village, or township that has been
designated as blighted; a city, village, or township that shows
negative population change from 1970 and a poverty rate and
unemployment rate greater than the statewide average; or an area
certified as a neighborhood enterprise zone.
Sec. 1010. The money appropriated in part 1 to the fund is
subject to the condition that none is spent for premiums or
advertising material involving personal effects or apparel
including, but not limited to, T-shirts, hats, coffee mugs, or
other promotional items, except travel Michigan.
Sec. 1011. (1) From the general fund/general purpose
appropriations in part 1 to the fund and granted or transferred to
the Michigan economic development corporation, any unexpended or
unencumbered balance shall be disposed of in accordance with the
requirements in the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594, unless carryforward authorization has been
otherwise provided for.
(2) Any encumbered funds shall be used for the same purposes
for which funding was originally appropriated in this act.
Sec. 1012. (1) As a condition of receiving funds under part 1,
the fund shall ensure that the MEDC and the fund comply with all of
the following:
(a) The freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(c) Annual audits of all financial records by the auditor
general or his or her designee.
(d) All reports required by law to be submitted to the
legislature.
(2) If the MEDC is unable for any reason to perform duties
under this act, the fund may exercise those duties.
Sec. 1013. As a condition for receiving the appropriations in
part 1, any staff of the Michigan economic development corporation
involved in private fund-raising activities shall not be party to
any decisions regarding the awarding of grants or tax abatements
from the fund, the Michigan economic development corporation, or
the Michigan economic growth authority.
Sec. 1020. 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. The fund
may carry forward into the succeeding fiscal year unexpended
federal pass-through funds to local institutions and governments
that do not require additional state matching funds. The fund shall
report the amount and source of the funds to the senate
appropriation subcommittee on economic development, the house
appropriation subcommittee on general government, the senate and
house fiscal agencies, and the state budget office within 10
business days after receiving any additional pass-through funds.
Sec. 1023. Tourism promotion shall include, but is not limited
to, the Mackinac Island state park, Michigan state historic parks,
cultural, vacation, recreational, leisure, hunting-related, motor
sports entertainment-related, and agriculture-related travel across
this state that includes activities that promote tourism in all 4
seasons.
Sec. 1032. The Michigan film office shall report to the
subcommittees and the fiscal agencies by September 30 on the status
of the new film tax credit program. The report shall include all of
the following information:
(a) The number of contracts signed.
(b) The number of films that have completed shooting.
(c) The total amount of the tax credits provided.
(d) The counties where the films were made.
(e) The number of temporary and permanent jobs created.
Sec. 1033. The fund shall make available to the public the
minutes of the Michigan film office advisory council.
Sec. 1034. (1) As used in this section:
(a) "Fiscal agencies" means the house fiscal agency and the
senate fiscal agency.
(b) "LEED" means the United States green building council's
leadership in energy and environmental design green building rating
system.
(c) "MCACA" means the Michigan council for arts and cultural
affairs.
(d) "MSF" means the Michigan strategic fund.
(e) "Subcommittees" means all members of the appropriate
subcommittees of the senate and house of representatives
appropriations committees.
(2) The appropriations contained in part 1 for arts and
cultural planning grants are for the purpose of assisting in the
completion of program statements and schematic planning documents
directed towards the remodeling, repair, renovation, or
construction of certain arts and cultural institutions.
(3) Planning grants may be awarded to counties, cities,
villages, townships, community foundations and non-profit
organizations operating arts and cultural institutions.
(4) The MCACA in the MSF shall approve the distribution of
arts and cultural planning grants appropriated in part 1 using a
competitive grant process and shall do all of the following:
(a) Use published criteria to evaluate planning grant
applications.
(b) Give priority to arts and cultural institution projects
that serve multi-county geographical regions, leverage significant
additional public and private investment, provide educational
opportunities, demonstrate a significant potential to increase
tourism, and attract or retain businesses or residents to the
state.
(c) Ensure that recipients of the planning grants have
adequate funding to sustain the ongoing operations of the
institution.
(d) Ensure that projects are designed and constructed in
accordance with the LEED green building rating system and that
recipients strive to obtain a score of platinum on the LEED
existing buildings scorecard or the LEED commercial interiors
scorecard, as applicable.
(5) Each applicant shall submit an application for a planning
grant in a form and manner approved by the MCACA and shall pay a
nonrefundable application fee of $1,000.00. Application fees are
appropriated when received and may be expended to offset MCACA’s
direct and indirect costs associated with reviewing the
applications. MCACA may contract for technical assistance to review
the applications.
(6) No later than one year after receiving a planning grant,
applicants shall submit professionally-developed program statements
and schematic design plans for projects to the MCACA for review for
potential final planning and construction approval. MCACA shall
review the submissions for compliance with established criteria and
bonding requirements and shall recommend to the state budget
director those projects determined to be eligible for final
planning and construction for inclusion in a budget recommendation
to the legislature. MCACA may contract for technical assistance to
review the submissions. Projects recommended by MCACA to the state
budget director shall not exceed $100,000,000.00 in total. Debt
service for bonds issued under this program shall be paid by annual
appropriations.
(7) The MSF retains the authority and responsibility normally
associated with the prudent maintenance of the public's financial
and policy interests relative to state-financed projects. The
entity shall allow for onsite inspection, document reviews and
other audit activities as required by the MSF.
(8) Before the end of each fiscal year, MCACA shall provide
the state budget director, the subcommittees and the fiscal
agencies with reports as considered necessary relative to the
status of each arts and cultural institution planning or
construction project.
(9) Each construction project authorized in any bill shall
comply with the procedures required by the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594.
REVENUE STATEMENT
Sec. 1101. Pursuant to section 18 of article V of the state
constitution of 1963, fund balances and estimates are presented in
the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 2009-2010
Beginning
Fund Unreserved
Fund Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 0.0 8,938.0 5.5
General fund/special purpose 446.6 17,451.8 482.6
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 2.2 0.0 2.2
Game and fish protection 0112 4.1 61.4 3.3
Michigan employment security act
administration 0113 10.2 12.5 8.2
State aeronautics 0114 2.2 133.0 1.9
Michigan veterans' benefit
trust 0115 0.0 2.3 0.0
State trunkline 0116 (6.2) 1,812.9 (6.9)
Michigan state waterways 0117 1.3 28.6 0.0
Blue Water Bridge 0118 6.2 15.4 6.9
Michigan transportation 0119 0.0 1,844.1 0.0
Comprehensive transportation 0120 6.3 301.8 (4.3)
School aid 0122 0.0 12,898.4 0.0
Game and fish protection trust 0124 6.0 14.3 6.0
State park improvement 0125 0.0 41.1 0.0
Forest development 0126 3.4 29.7 0.7
Michigan civilian conservation
corps endowment 0128 0.3 0.0 0.0
Michigan natural resources
trust 0129 32.4 60.2 31.2
Michigan state parks endowment 0130 6.1 12.1 4.1
Safety education and training 0131 6.2 9.3 7.1
Bottle deposit 0136 0.0 12.6 0.0
State construction code 0138 0.9 15.0 4.3
Children's trust 0139 1.0 3.8 0.5
State casino gaming 0140 1.8 34.8 1.8
Homeowner construction lien
recovery 0141 0.8 1.0 (1.2)
Michigan nongame fish and
wildlife 0143 0.1 0.3 0.0
Michigan merit award trust 0154 0.0 191.7 0.0
Outdoor recreation legacy 0162 (0.2) 2.3 (0.2)
Off-road vehicle account 0163 1.7 3.6 0.4
Snowmobile account 0164 2.1 10.1 0.0
Silicosis dust disease
and logging 0870 2.1 1.3 1.7
Utility consumer representation 0893 3.5 1.2 3.6
TOTALS $541.1 $43,944.6 $559.4
