Bill Text: MI HB5880 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Appropriations; general government; general government; provide for fiscal year 2010-2011. Creates appropriation act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-11-09 - Disapproved Line Item(s) Re-referred To Committee On Appropriations [HB5880 Detail]
Download: Michigan-2009-HB5880-Engrossed.html
HB-5880, As Passed House, March 25, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 5880
A bill to make, supplement, and adjust appropriations for the
departments of attorney general, civil rights, state, technology,
management, and budget, and treasury, the executive office, and the
legislative branch for the fiscal year ending September 30, 2011;
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
House Bill No. 5880 (H-2) as amended March 25, 2010
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, state, technology, management, and
budget, and treasury, the executive office, the legislative branch,
and certain other state purposes, for the fiscal year ending
September 30, 2011, 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........... 43.0
Full-time equated classified positions.......... 7,351.2
GROSS APPROPRIATION.................................... $ [3,154,164,000]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 646,991,900
ADJUSTED GROSS APPROPRIATION........................... $ [2,507,172,100]
Federal revenues:
Total federal revenues................................. 109,610,400
Special revenue funds:
Total local revenues................................... 3,446,900
Total private revenues................................. 1,423,100
Total other state restricted revenues.................. 1,724,871,800
State general fund/general purpose..................... $ [667,819,900]
House Bill No. 5880 (H-2) as amended March 25, 2010
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 514.0
GROSS APPROPRIATION.................................... $ [73,905,100]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 21,762,300
ADJUSTED GROSS APPROPRIATION........................... $ [52,142,800]
Federal revenues:
Total federal revenues................................. 8,656,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 15,290,800
State general fund/general purpose..................... $ [28,196,000]
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions.......... 514.0
Attorney general....................................... $ 115,800
Unclassified positions--5.0 FTE positions.............. 476,300
Attorney general operations--477.0 FTE positions....... 68,318,700
Child support enforcement--25.0 FTE positions.......... 3,005,100
Prosecuting attorneys coordinating council--12.0 FTE
positions............................................ 2,067,100
GROSS APPROPRIATION.................................... $ 73,983,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, health services......................... 2,015,300
IDG from MDCH, WIC..................................... 75,600
IDG from department of corrections..................... 514,800
IDG from MDE........................................... 310,900
IDG from MDELEG, career education services............. 201,000
IDG from MDELEG, children's protection registry........ 39,100
IDG from MDELEG, financial and insurance services...... 1,125,400
IDG from MDELEG, licensing and regulation fees......... 189,700
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.................. 83,700
IDG from MDHS.......................................... 3,536,300
IDG from MDMVA......................................... 128,400
IDG from MDNRE......................................... 1,878,400
IDG from MDOT, comprehensive transportation fund....... 171,700
IDG from MDOT, state aeronautics fund.................. 169,500
IDG from MDOT, state trunkline fund.................... 2,867,300
IDG from MDSP.......................................... 317,100
IDG from MDSP, Michigan justice training fund.......... 325,000
IDG from MDTMB......................................... 202,400
IDG from MDTMB, civil service commission............... 306,300
IDG from MDTMB, risk management revolving fund......... 1,440,700
IDG from treasury...................................... 5,094,000
IDG from treasury, Michigan strategic fund............. 139,400
Federal revenues:
DAG, state administrative match grant/food stamps...... 418,500
Federal funds.......................................... 2,627,900
HHS, medical assistance, medigrant..................... 652,300
HHS-OS, state Medicaid fraud control units............. 4,857,300
National criminal history improvement program.......... 100,000
Special revenue funds:
Antitrust enforcement collections...................... 663,800
Assigned claims assessments............................ 129,600
Attorney general's operations fund..................... 972,100
Auto repair facilities fees............................ 252,100
Franchise fees......................................... 323,000
Game and fish protection fund.......................... 827,500
Liquor purchase revolving fund......................... 1,143,800
Manufactured housing fees.............................. 211,900
Merit award trust fund................................. 408,600
Michigan employment security act - administrative fund. 1,748,400
Prisoner reimbursement................................. 497,500
Prosecuting attorney training fees..................... 375,000
Public utility assessments............................. 1,839,300
Real estate enforcement fund........................... 552,600
Reinstatement fees..................................... 172,700
Retirement funds....................................... 814,600
Second injury fund..................................... 1,061,900
Self-insurers security fund............................ 178,100
Silicosis and dust disease fund........................ 536,200
House Bill No. 5880 (H-2) as amended March 25, 2010
State building authority revenue....................... 106,000
State casino gaming fund............................... 1,204,900
State lottery fund..................................... 268,500
Utility consumers fund................................. 604,300
Waterways fund......................................... 108,300
Worker's compensation administrative revolving fund.... 290,100
State general fund/general purpose..................... $ 28,273,900
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 894,100
GROSS APPROPRIATION.................................... $ 894,100
Appropriated from:
State general fund/general purpose..................... $ 894,100
(4) BUDGETARY SAVINGS
Budgetary savings...................................... $ [(972,000)]
GROSS APPROPRIATION.................................... $ [(972,000)]
Appropriated from:
State general fund/general purpose..................... $ [(972,000)]
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 113.0
GROSS APPROPRIATION.................................... $ [12,559,500]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ [12,559,500]
House Bill No. 5880 (H-2) as amended March 25, 2010
Federal revenues:
Total federal revenues................................. 1,750,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 0
Total other state restricted revenues.................. 53,000
State general fund/general purpose..................... $ [10,756,500]
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.......... 5.0
Full-time equated classified positions.......... 113.0
Unclassified positions--5.0 FTE positions.............. $ 267,100
Civil rights operations--113.0 FTE positions........... 12,080,400
GROSS APPROPRIATION.................................... $ 12,347,500
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
contracts............................................ 885,000
HUD, grant............................................. 850,000
Special revenue funds:
State restricted indirect funds........................ 53,000
State general fund/general purpose..................... $ 10,559,500
(3) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 734,600
GROSS APPROPRIATION.................................... $ 734,600
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency
House Bill No. 5880 (H-2) as amended March 25, 2010
contracts............................................ 15,000
State general fund/general purpose..................... $ 719,600
(4) BUDGETARY SAVINGS
Budgetary savings...................................... $ [(522,600)]
GROSS APPROPRIATION.................................... $ [(522,600)]
Appropriated from:
State general fund/general purpose..................... $ [(522,600)]
Sec. 104. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
GROSS APPROPRIATION.................................... $ 4,498,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 4,498,300
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..................... $ 4,498,300
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions........... 74.2
Governor............................................... $ 169,600
Lieutenant governor.................................... 118,700
Executive office--74.2 FTE positions................... 3,360,200
Unclassified positions--8.0 FTE positions.............. 849,800
GROSS APPROPRIATION.................................... $ 4,498,300
Appropriated from:
State general fund/general purpose..................... $ 4,498,300
Sec. 105. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 99,833,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 99,833,100
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..................... $ 98,323,300
(2) LEGISLATURE
Senate................................................. $ 28,632,000
Senate fiscal agency................................... 2,897,300
House of representatives............................... 43,243,300
House fiscal agency.................................... 2,897,300
Nonspecified legislative reductions.................... (5,192,100)
GROSS APPROPRIATION.................................... $ 72,477,800
Appropriated from:
State general fund/general purpose..................... $ 72,477,800
(3) LEGISLATIVE COUNCIL
Legislative council.................................... $ 10,525,400
Worker's compensation.................................. 133,000
Legislative corrections ombudsman...................... 369,700
GROSS APPROPRIATION.................................... $ 11,028,100
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues.................. 400,000
State general fund/general purpose..................... $ 10,628,100
(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................................. 7,424,800
Farnum building and other properties................... 1,815,700
GROSS APPROPRIATION.................................... $ 11,793,300
Appropriated from:
State general fund/general purpose..................... $ 11,793,300
Sec. 106. LEGISLATIVE AUDITOR GENERAL
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 14,150,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 1,801,500
ADJUSTED GROSS APPROPRIATION........................... $ 12,348,700
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..................... $ 10,808,800
(2) OFFICE OF THE AUDITOR GENERAL
Unclassified positions................................. $ 313,500
Field operations....................................... 13,836,700
GROSS APPROPRIATION.................................... $ 14,150,200
Appropriated from:
Interdepartmental grant revenues:
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 MDTMB, civil service commission............... 107,900
IDG from MDOT, state trunkline fund.................... 474,600
IDG, single audit act.................................. 958,600
Special revenue funds:
21st century jobs trust fund........................... 50,000
Clean Michigan initiative implementation bond fund..... 38,300
Commercial mobile radio system emergency telephone
fund................................................. 38,300
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.......................... 22,000
Legislative retirement system.......................... 19,100
Michigan economic development corporation.............. 54,400
Michigan education trust fund.......................... 30,700
Michigan justice training commission fund.............. 28,700
Michigan state housing development authority fees...... 22,600
Michigan strategic fund................................ 89,000
Michigan tobacco settlement authority.................. 27,000
Michigan veterans' trust fund.......................... 24,900
Motor transport revolving fund......................... 5,200
Office services revolving fund......................... 6,900
State disbursement unit, office of child support....... 27,600
State services fee fund................................ 952,100
Waterways fund......................................... 7,600
State general fund/general purpose..................... $ 10,808,800
Sec. 107. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
House Bill No. 5880 (H-2) as amended March 25, 2010
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 1,809.0
GROSS APPROPRIATION.................................... $ [211,981,900]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 20,000,000
ADJUSTED GROSS APPROPRIATION........................... $ [191,981,900]
Federal revenues:
Total federal revenues................................. 1,810,000
Special revenue funds:
Total local revenues................................... 0
Total private revenues................................. 100
Total other state restricted revenues.................. 176,578,000
State general fund/general purpose..................... $ [13,593,800]
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 30.0
Secretary of state..................................... $ 115,800
Unclassified positions--5.0 FTE positions.............. 453,200
Operations--30.0 FTE positions......................... 3,185,800
GROSS APPROPRIATION.................................... $ 3,754,800
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 60,500
Driver fees............................................ 269,600
Expedient service fees................................. 58,500
Parking ticket court fines............................. 8,300
Personal identification card fees...................... 14,500
Reinstatement fees - operator licenses................. 158,300
Transportation administration collection fund.......... 2,069,100
Vehicle theft prevention fees.......................... 35,600
State general fund/general purpose..................... $ 1,080,400
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 159.0
Operations--152.0 FTE positions........................ $ 22,911,900
Assigned claims assessments--7.0 FTE positions......... 955,600
GROSS APPROPRIATION.................................... $ 23,867,500
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................. 468,600
Assigned claims assessments............................ 955,600
Auto repair facilities fees............................ 415,000
Child support clearance fees........................... 34,300
Driver fees............................................ 1,115,300
Expedient service fees................................. 256,800
Marine safety fund..................................... 79,600
Off-road vehicle title fees............................ 8,000
Parking ticket court fines............................. 52,700
Personal identification card fees...................... 88,600
Reinstatement fees - operator licenses................. 574,000
Scrap tire fund........................................ 72,900
Snowmobile registration fee revenue.................... 18,100
Transportation administration collection fund.......... 18,804,600
Vehicle theft prevention fees.......................... 243,400
State general fund/general purpose..................... $ 680,000
(4) REGULATORY SERVICES
Full-time equated classified positions.......... 210.5
Operations--208.5 FTE positions........................ $ 22,460,400
County clerk education and training.................... 100,000
Motorcycle safety education administration--2.0 FTE
positions............................................ 311,700
Motorcycle safety education grants..................... 1,500,000
GROSS APPROPRIATION.................................... $ 24,372,100
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 4,144,800
Driver education provider and instructor fund.......... 72,900
Driver fees............................................ 2,912,800
Expedient service fees................................. 35,200
Motorcycle safety fund................................. 1,811,700
Notary education and training fund..................... 100,000
Notary fee fund........................................ 314,000
Parking ticket court fines............................. 20,700
Personal identification card fees...................... 53,000
Reinstatement fees - operator licenses................. 1,892,500
Transportation administration collection fund.......... 10,921,800
Vehicle theft prevention fees.......................... 1,330,900
State general fund/general purpose..................... $ 761,800
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions........ 1,373.5
Branch operations--931.5 FTE positions................. $ 76,163,100
Central operations--415.0 FTE positions................ 42,459,500
Commemorative license plates--24.0 FTE positions....... 2,147,300
Specialty license plates--3.0 FTE positions............ 1,922,000
Credit and debit assessment service fees............... 1,000,000
Olympic center plate................................... 75,700
Organ donor program.................................... 79,100
GROSS APPROPRIATION.................................... $ 123,846,700
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
Restricted funds....................................... 5,750,000
Child support clearance fees........................... 295,500
Credit and debit assessment service fees............... 1,000,000
Driver fees............................................ 21,512,600
Enhanced driver license and enhanced official state
personal identification card fund.................... 4,226,700
Expedient service fees................................. 2,465,200
Marine safety fund..................................... 1,274,800
Michigan state police auto theft fund.................. 118,900
Mobile home commission fees............................ 476,000
Off-road vehicle title fees............................ 136,800
Parking ticket court fines............................. 1,490,500
Personal identification card fees...................... 1,698,400
Reinstatement fees - operator licenses................. 1,269,400
Snowmobile registration fee revenue.................... 348,100
Transportation administration collection fund.......... 58,184,500
Vehicle theft prevention fees.......................... 209,500
State general fund/general purpose..................... $ 1,639,000
(6) ELECTION REGULATION
Full-time equated classified positions........... 36.0
Election administration and services--36.0 FTE
positions............................................ $ 5,175,100
Fees to local units.................................... 109,800
Help America Vote Act.................................. 350,000
GROSS APPROPRIATION.................................... $ 5,634,900
Appropriated from:
Federal revenues:
Federal Funds - HAVA HHS............................... 350,000
State general fund/general purpose..................... $ 5,284,900
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent........................ $ 10,060,500
Worker's compensation.................................. 284,500
GROSS APPROPRIATION.................................... $ 10,345,000
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................ 135,300
Driver fees............................................ 763,700
Expedient service fees................................. 26,000
House Bill No. 5880 (H-2) as amended March 25, 2010
Parking ticket court fines............................. 447,800
Transportation administration collection fund.......... 5,925,000
State general fund/general purpose..................... $ 3,047,200
(8) INFORMATION TECHNOLOGY
Information technology services and projects........... $ 20,746,300
GROSS APPROPRIATION.................................... $ 20,746,300
Appropriated from:
Special revenue funds:
Administrative order processing fee.................... 11,100
Auto repair facilities fees............................ 179,300
Child support clearance fees........................... 16,200
Driver fees............................................ 905,400
Expedient service fees................................. 1,024,500
Parking ticket court fines............................. 82,600
Personal identification card fees...................... 105,900
Reinstatement fees - operator licenses................. 513,600
Transportation administration collection fund.......... 16,051,000
Vehicle theft prevention fees.......................... 170,800
State general fund/general purpose..................... $ 1,685,900
(9) BUDGETARY SAVINGS
Budgetary savings...................................... $ [(585,400)]
GROSS APPROPRIATION.................................... $ [(585,400)]
Appropriated from:
State general fund/general purpose..................... $ [(585,400)]
Sec. 108. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND
BUDGET
House Bill No. 5880 (H-2) as amended March 25, 2010
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........ 2,965.5
GROSS APPROPRIATION.................................... $ [980,989,400]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 589,368,200
ADJUSTED GROSS APPROPRIATION........................... $ [391,621,200]
Federal revenues:
Total federal revenues................................. 2,917,800
Special revenue funds:
Total local revenues................................... 1,380,400
Total private revenues................................. 170,800
Total other state restricted revenues.................. 84,881,000
State general fund/general purpose..................... $ [302,271,200]
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions.......... 6.0
Full-time equated classified positions........... 14.0
Unclassified positions--6.0 FTE positions.............. $ 796,500
Executive operations--14.0 FTE positions............... 2,243,900
GROSS APPROPRIATION.................................... $ 3,040,400
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges........ 371,500
IDG from technology user fees.......................... 904,100
IDT from technology user fees.......................... 70,200
Special revenue funds:
Special revenue, internal service, and pension trust
funds................................................ 552,800
State general fund/general purpose..................... $ 1,141,800
(3) DEPARTMENT SERVICES
Full-time equated classified positions.......... 670.5
Administrative services--61.5 FTE positions............ $ 6,304,800
Budget and financial management--158.5 FTE positions... 16,865,600
Office of the state employer--23.0 FTE positions....... 2,986,400
Design and construction services--40.0 FTE positions... 5,682,800
Business support services--94.0 FTE positions.......... 9,618,300
Building operation services--221.0 FTE positions....... 88,407,700
Building occupancy charges, rent, and utilities........ 4,915,800
Motor vehicle fleet--46.0 FTE positions................ 57,226,200
Enterprisewide services--26.5 FTE positions............ 6,966,700
Information technology services and projects........... 26,635,100
GROSS APPROPRIATION.................................... $ 225,609,400
Appropriated from:
Interdepartmental grant revenues:
IDG from accounting service centers user charges....... 859,600
IDG from building occupancy and parking charges........ 91,007,000
IDG from MDELEG........................................ 100,000
IDG from MDCH.......................................... 450,300
IDG from MDHS.......................................... 185,500
IDG from MDOT, comprehensive transportation fund....... 37,400
IDG from MDOT, state aeronautics fund.................. 32,800
IDG from MDOT, state trunkline fund.................... 1,218,600
IDG from motor transport fund.......................... 57,226,200
IDG from technology user fees.......................... 6,465,200
IDT from technology user fees.......................... 501,500
IDG from user fees..................................... 5,838,500
Federal revenues:
Federal funds.......................................... 100
Special revenue funds:
Deferred compensation.................................. 2,600
Game and fish protection fund.......................... 283,200
Health management funds................................ 1,965,400
MAIN user charges...................................... 4,884,400
Pension trust funds.................................... 6,751,600
Special revenue, internal service, and pension trust
funds................................................ 13,690,000
State building authority revenue....................... 662,600
State lottery fund..................................... 256,800
State restricted indirect funds........................ 1,953,000
State services fee fund................................ 136,100
Waterways fund......................................... 73,100
State general fund/general purpose..................... $ 31,027,900
(4) TECHNOLOGY SERVICES
Full-time equated classified positions........ 1,598.5
Education services--32.0 FTE positions................. $ 3,607,800
Health and human services--694.5 FTE positions......... 236,290,400
Public protection--283.0 FTE positions................. 57,911,200
Resources services--163.0 FTE positions................ 18,828,400
Transportation services--99.5 FTE positions............ 27,908,500
General services--326.5 FTE positions.................. 73,185,400
GROSS APPROPRIATION.................................... $ 417,731,700
Appropriated from:
Interdepartmental grant revenues:
IDG from technology user fees.......................... 387,659,600
IDT from technology user fees.......................... 30,072,100
State general fund/general purpose..................... $ 0
(5) 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
GROSS APPROPRIATION.................................... $ 225,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions........................ 225,000
State general fund/general purpose..................... $ 0
(6) SPECIAL PROGRAMS
Full-time equated classified positions.......... 177.0
Building occupancy charges - property management
services for executive/legislative building
occupancy............................................ $ 1,225,400
Retirement services--166.0 FTE positions............... 18,119,400
Office of children's ombudsman--11.0 FTE positions..... 1,462,600
Transition costs....................................... 1,500,000
GROSS APPROPRIATION.................................... $ 22,307,400
Appropriated from:
Special revenue funds:
Deferred compensation.................................. 1,542,400
Pension trust funds.................................... 16,577,000
State general fund/general purpose..................... $ 4,188,000
(7) STATE BUILDING AUTHORITY RENT
State building authority rent - state agencies......... $ 63,980,100
State building authority rent - department of
corrections.......................................... 47,200,900
State building authority rent - universities........... 112,469,200
State building authority rent - community colleges..... 21,720,400
GROSS APPROPRIATION.................................... $ 245,370,600
Appropriated from:
State general fund/general purpose..................... $ 245,370,600
(8) CIVIL SERVICE COMMISSION
Full-time equated classified positions.......... 505.5
Agency services--102.5 FTE positions................... $ 12,090,500
Executive direction--33.0 FTE positions................ 8,992,300
Employee benefits--31.0 FTE positions.................. 6,046,500
Training............................................... 1,300,000
Human resources operations--339.0 FTE positions........ 34,341,700
Information technology services and projects........... 4,008,700
GROSS APPROPRIATION.................................... $ 66,779,700
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges.................................. 1,300,000
IDG, 1% special funds.................................. 2,843,100
Federal revenues:
House Bill No. 5880 (H-2) as amended March 25, 2010
Federal funds 1%....................................... 2,917,700
Special revenue funds:
Local funds 1%......................................... 1,380,400
Private funds 1%....................................... 170,800
State restricted funds 1%.............................. 21,619,900
State restricted indirect funds........................ 5,093,200
State sponsored group insurance........................ 2,650,000
State sponsored group insurance, flexible spending
accounts, and COBRA.................................. 6,186,900
State general fund/general purpose..................... $ 22,617,700
(9) 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 from building occupancy charges.................... 2,000,000
State general fund/general purpose..................... $ 0
(10) BUDGETARY SAVINGS
Budgetary savings...................................... $ [(2,074,800)]
GROSS APPROPRIATION.................................... $ [(2,074,800)]
Appropriated from:
State general fund/general purpose..................... $ [(2,074,800)]
Sec. 109. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 10.0
House Bill No. 5880 (H-2) as amended March 25, 2010
Full-time equated classified positions........ 1,875.5
GROSS APPROPRIATION.................................... $ [1,756,246,500]
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 14,059,900
ADJUSTED GROSS APPROPRIATION........................... $ [1,742,186,600]
Federal revenues:
Total federal revenues................................. 94,476,600
Special revenue funds:
Total local revenues................................... 2,066,500
Total private revenues................................. 852,200
Total other state restricted revenues.................. 1,445,419,300
State general fund/general purpose..................... $ [199,372,000]
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions......... 10.0
Full-time equated classified positions............ 5.0
Unclassified positions--10.0 FTE positions............. $ 923,000
Office of the director--5.0 FTE positions.............. 968,200
GROSS APPROPRIATION.................................... $ 1,891,200
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:
Equine industry development............................ 138,500
State lottery fund..................................... 196,400
State services fee fund................................ 219,700
State general fund/general purpose..................... $ 1,271,600
(3) DEPARTMENTWIDE APPROPRIATIONS
Travel................................................. $ 1,215,900
Rent and building occupancy charges - property
management services.................................. 5,463,900
Worker's compensation insurance premium................ 188,600
GROSS APPROPRIATION.................................... $ 6,868,400
Appropriated from:
Special revenue funds:
Delinquent tax collection revenue...................... 3,905,500
State general fund/general purpose..................... $ 2,962,900
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions........... 93.0
Supervision of the general property tax law--59.0 FTE
positions............................................ $ 12,132,300
Property tax assessor training--4.0 FTE positions...... 449,200
Local finance--23.0 FTE positions...................... 2,540,500
Business property tax appeal--7.0 FTE positions........ 900,000
GROSS APPROPRIATION.................................... $ 16,022,000
Appropriated from:
Special revenue funds:
Local - assessor training fees......................... 1,284,200
Local - audit charges.................................. 642,300
Local - equalization study chargebacks................. 40,000
Local - revenue from local government.................. 100,000
Land reutilization fund................................ 4,441,600
Municipal finance fees................................. 518,600
Delinquent tax collection revenue...................... 431,700
State general fund/general purpose..................... $ 8,563,600
(5) TAX PROGRAMS
Full-time equated classified positions.......... 763.0
Customer contact--112.0 FTE positions.................. $ 9,913,700
Tax compliance--346.0 FTE positions.................... 37,686,500
Tax and economic policy--121.0 FTE positions........... 13,457,500
Tax processing--156.0 FTE positions.................... 15,071,600
Home heating assistance................................ 2,755,900
Bottle act implementation.............................. 250,000
Michigan business tax--28.0 FTE positions.............. 5,478,400
GROSS APPROPRIATION.................................... $ 84,613,600
Appropriated from:
Interdepartmental grant revenues:
IDG, data/collection services fees..................... 50,900
IDG from MDOT, Michigan transportation fund............ 7,912,400
IDG from MDOT, state aeronautics fund.................. 68,700
Federal revenues:
HHS-SSA, low-income energy assistance.................. 2,755,900
Special revenue funds:
Bottle deposit fund.................................... 250,000
Delinquent tax collection revenue...................... 63,235,600
Emergency 911 fund..................................... 150,000
Tobacco tax revenue.................................... 991,300
Waterways fund......................................... 80,500
State general fund/general purpose..................... $ 9,118,300
(6) BANKING AND MANAGEMENT SERVICES
Full-time equated classified positions.......... 333.0
Departmental and budget services--47.0 FTE positions... $ 4,564,400
Unclaimed property--21.0 FTE positions................. 3,603,800
Collections--209.0 FTE positions....................... 24,218,300
Finance and accounting--17.0 FTE positions............. 1,586,100
Receipts processing--39.0 FTE positions................ 3,814,600
GROSS APPROPRIATION.................................... $ 37,787,200
Appropriated from:
Interdepartmental grant revenues:
IDG, levy/warrant cost assessment fees................. 2,000,000
IDG, state agency collection fees...................... 2,433,200
IDG from MDHS, title IV-D.............................. 657,900
IDG data/collection service fees....................... 206,400
Special revenue funds:
Delinquent tax collection revenue...................... 20,486,000
Escheats revenue....................................... 3,603,800
Justice system fund.................................... 681,700
Garnishment fees....................................... 2,327,800
State restricted indirect funds........................ 258,500
Treasury fees.......................................... 44,900
State general fund/general purpose..................... $ 5,087,000
(7) FINANCIAL PROGRAMS
Full-time equated classified positions.......... 219.5
Investments--82.0 FTE positions........................ $ 17,403,000
Common cash and debt management--22.5 FTE positions.... 1,340,700
Student financial assistance programs--113.0 FTE
positions............................................ 37,123,800
Public private partnership investment--2.0 FTE
positions............................................ 1,476,500
GROSS APPROPRIATION.................................... $ 57,344,000
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees......................... 178,000
Federal revenues:
DED-OPSE, federal lenders allowance.................... 10,765,700
DED-OPSE, higher education act of 1965, insured loans.. 23,914,200
Special revenue funds:
Defined contribution administrative fee revenue........ 100,000
Michigan merit award trust fund........................ 987,600
Public private partnership investment fund............. 1,476,500
Retirement funds....................................... 16,361,500
School bond fees....................................... 668,400
Treasury fees.......................................... 1,124,100
State general fund/general purpose..................... $ 1,768,000
(8) DEBT SERVICE
Water pollution control bond and interest redemption... $ 2,195,100
Quality of life bond................................... 70,826,000
Clean Michigan initiative.............................. 57,603,500
Great Lakes water quality bond......................... 4,284,600
GROSS APPROPRIATION.................................... $ 134,909,200
Appropriated from:
Special revenue funds:
Refined petroleum fund................................. 15,514,500
State general fund/general purpose..................... $ 119,394,700
(9) GRANTS
Convention facility development distribution........... $ 74,850,000
Senior citizen cooperative housing tax exemption
program.............................................. 14,520,000
Emergency 9-1-1 payments............................... 27,000,000
Health and safety fund grants.......................... 9,000,000
Renaissance zone reimbursement......................... 2,992,000
GROSS APPROPRIATION.................................... $ 128,362,000
Appropriated from:
Special revenue funds:
Emergency 9-1-1 fund................................... 27,000,000
Convention facility development fund................... 74,850,000
Health and safety fund................................. 9,000,000
State general fund/general purpose..................... $ 17,512,000
(10) BUREAU OF STATE LOTTERY
Full-time equated classified positions.......... 182.0
Lottery operations--182.0 FTE positions................ $ 21,796,900
Lottery information technology services and projects... 4,764,800
GROSS APPROPRIATION.................................... $ 26,561,700
Appropriated from:
Special revenue funds:
State lottery fund..................................... 26,561,700
State general fund/general purpose..................... $ 0
(11) CASINO GAMING
Full-time equated classified positions.......... 125.0
Michigan gaming control board.......................... $ 50,000
Casino gaming control administration--116.0 FTE
positions............................................ 22,192,400
Casino gaming information technology services and
projects............................................. 1,629,600
Racing commissioner--9.0 FTE positions................. 1,754,700
GROSS APPROPRIATION.................................... $ 25,626,700
Appropriated from:
Special revenue funds:
Casino gambling agreements............................. 629,100
Equine industry development............................ 1,879,400
Laboratory fees........................................ 700,000
State services fee fund................................ 22,418,200
State general fund/general purpose..................... $ 0
(12) PAYMENTS IN LIEU OF TAXES
Commercial forest reserve.............................. $ 2,343,100
Purchased lands........................................ 4,386,000
Swamp and tax reverted lands........................... 6,227,300
GROSS APPROPRIATION.................................... $ 12,956,400
Appropriated from:
Interdepartmental grant revenues:
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..................... $ 10,506,400
(13) MICHIGAN STRATEGIC FUND
Full-time equated classified positions.......... 155.0
Administration--22.0 FTE positions..................... $ 2,552,300
House Bill No. 5880 (H-2) as amended March 25, 2010
Job creation services--124.0 FTE positions............. 16,939,600
Jobs for Michigan investment program - 21st century
jobs fund............................................ 72,672,000
Michigan promotion program............................. 18,402,800
Community development block grants..................... 53,000,000
Arts and cultural program--3.0 FTE positions........... 2,367,400
Michigan film office--6.0 FTE positions................ 757,300
Business incubator program ............................ 1,300,000
Budgetary savings...................................... [(724,700)]
GROSS APPROPRIATION.................................... $ [167,266,700]
Appropriated from:
Interdepartmental grant revenues:
IDG-MDEQ, air quality fees............................. 81,200
Federal revenues:
HUD-CPD, community development block grants............ 55,564,900
NFAH-NEA, promotion of the arts, partnership
agreements........................................... 850,000
Special revenue funds:
Private - special project advances..................... 752,200
Private - Michigan council for the arts fund........... 100,000
Industry support fees.................................. 5,500
21st century jobs trust fund........................... 72,672,000
Michigan promotion fund................................ 13,000,000
Jobs for Michigan investment fund - returns to fund.... 1,300,000
Michigan film promotion fund........................... 577,400
State general fund/general purpose..................... $ [22,363,500]
(14) REVENUE SHARING
House Bill No. 5880 (H-2) as amended March 25, 2010
Constitutional state general revenue sharing grants.... $ 603,043,600
Statutory state general revenue sharing grants......... 323,494,400
County revenue sharing payments........................ 114,740,700
GROSS APPROPRIATION.................................... $ 1,041,278,700
Appropriated from:
Special revenue funds:
Sales tax.............................................. 1,041,278,700
State general fund/general purpose..................... $ 0
(15) INFORMATION TECHNOLOGY
Treasury operations information technology services
and projects......................................... $ 16,792,100
GROSS APPROPRIATION.................................... $ 16,792,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund............ 471,200
Federal revenues:
DED-OPSE, federal lender allowance..................... 560,900
Special revenue funds:
Delinquent tax collection revenue...................... 12,106,800
Retirement funds....................................... 683,900
Tobacco tax revenue.................................... 111,900
State general fund/general purpose..................... $ 2,857,400
(16) BUDGETARY SAVINGS
Budgetary savings - treasury operations................ $ [(2,033,400)]
GROSS APPROPRIATION.................................... $ [(2,033,400)]
Appropriated from:
State general fund/general purpose..................... $ [(2,033,400)]
House Bill No. 5880 (H-2) as amended March 25, 2010
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 2010-2011 is
[$2,392,691,700.00] and state spending from state resources to be
paid to local units of government for fiscal year 2010-2011 is
$1,194,857,900.00. 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............................... 1,251,000
Subtotal............................................... $ 1,360,800
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption....... $ 14,520,000
Health and safety fund grants.......................... 9,000,000
Constitutional state general revenue sharing grants.... 603,043,600
Statutory state general revenue sharing grants......... 323,494,400
Convention facility development fund distribution...... 74,850,000
Emergency 9-1-1 payments............................... 24,800,000
Renaissance zone reimbursements........................ 2,992,000
County revenue sharing payments........................ 114,740,700
Airport parking distribution pursuant to section 909... 13,100,000
Payments in lieu of taxes.............................. 12,956,400
Subtotal............................................... $ 1,193,497,100
TOTAL GENERAL GOVERNMENT............................... $ 1,194,857,900
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for
fiscal year 2010-2011 is estimated at $26,084,279,400.00 in the
2010-2011 appropriations acts and total state spending from state
sources paid to local units of government for fiscal year 2010-2011
is estimated at $15,178,172,700.00. The state-local proportion is
estimated at 58.19% of total state spending from state resources.
(3) If payments to local units of government and state
spending from state sources for fiscal year 2010-2011 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
2010-2011 to the senate and house of representatives standing
committees on appropriations within 30 days after the final book-
closing for fiscal year 2010-2011.
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "AFSCME" means American federation of state, county, and
municipal employees.
(b) "ARRA" means American recovery and reinvestment act of
2009, Public Law 111.5.
(c) "CDBG" means community development block grants.
(d) "COBRA" means the consolidated omnibus budget
reconciliation act of 1985, Public Law 99-272, 100 Stat. 82.
(e) "CPI" means consumer price index.
(f) "DAG" means the United States department of agriculture.
(g) "DED-OPSE" means the United States department of
education, office of postsecondary education.
(h) "DOL-ETA" means the United States department of labor,
employment and training administration.
(i) "DOL-OSHA" means the United States department of labor,
occupational safety and health administration.
(j) "EEOC" means the United States equal employment
opportunity commission.
(k) "EPA" means the United States environmental protection
agency.
(l) "FTE" means full-time equated.
(m) "Fund" means the Michigan strategic fund.
(n) "GF/GP" means general fund/general purpose.
(o) "HHS" means the United States department of health and
human services.
(p) "HHS-OS" means the HHS office of the secretary.
(q) "HHS-SSA" means the HHS social security administration.
(r) "HUD" means the United States department of housing and
urban development.
(s) "HUD-CPD" means the United States department of housing
and urban development – community planning and development.
(t) "IDG" means interdepartmental grant.
(u) "IDT" means intradepartmental transfer.
(v) "JCOS" means the joint capital outlay subcommittee.
(w) "MAIN" means the Michigan administrative information
network.
(x) "MCL" means the Michigan Compiled Laws.
(y) "MDCH" means the Michigan department of community health.
(z) "MDELEG" means the Michigan department of energy, labor,
and economic growth.
(aa) "MDHS" means the Michigan department of human services.
(bb) "MDNRE" means the Michigan department of natural
resources and environment.
(cc) "MDOT" means the Michigan department of transportation.
(dd) "MDSP" means the Michigan department of state police.
(ee) "MDTMB" means the Michigan department of technology,
management, and budget.
(ff) "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.
(gg) "MPE" means the Michigan public employees.
(hh) "MSC" means managerial, supervisory, and confidential.
(ii) "NERE" means nonexclusively represented employees.
(jj) "PA" means public act.
(kk) "PACC" means the prosecuting attorneys coordinating
council.
(ll) "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 1%
charge authorized by section 5 of article XI of the state
constitution of 1963. Payments shall be made for the total amount
of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state
classified civil service. State departments and agencies are
prohibited from hiring any new full-time state classified civil
service employees and prohibited from filling any vacant state
classified civil service positions. This hiring freeze does not
apply to internal transfers of classified employees from 1 position
to another within a department.
(2) The attorney general and secretary of state may grant
exceptions to the hiring freeze for their respective departments
pursuant to the same criteria that the state budget director is
able to grant exceptions under this subsection. The state budget
director may grant exceptions to this hiring freeze when the state
budget director believes that the hiring freeze will result in
rendering a state department or agency unable to deliver basic
services, cause loss of revenue to the state, result in the
inability of the state to receive federal funds, or necessitate
additional expenditures that exceed any savings from maintaining a
vacancy. The state budget director shall report quarterly to the
chairpersons of the senate and house of representatives standing
committees on appropriations the number of exceptions to the hiring
House Bill No. 5880 (H-2) as amended March 25, 2010
freeze approved during the previous quarter and the reasons to
justify the exception.
Sec. 206. (1) The negative appropriations for budgetary
savings in part 1 shall be satisfied by savings from the hiring
freeze imposed in section 205 and by other savings identified by
the department director and approved by the state budget director.
(2) The state budget director shall submit a letter
recommending legislative transfers to the chairs of the senate and
house of representatives standing committees on appropriations by
December 1.
(3) Appropriation authorizations shall be adjusted after the
approval of transfers by the legislature pursuant to section 393(2)
of the management and budget act, 1984 PA 431, MCL 18.1393.
[(4) The state budget director is authorized to reduce federal, local, private, and state restricted appropriation amounts in part 1 to reflect savings from those fund sources associated with reductions made to state general fund/general purpose appropriations under subsection (3).]
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this act. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference 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 or out of the countercyclical budget and
economic stabilization fund, there is appropriated from 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:
2010 2011
Michigan personal income (millions)....... $343,575 $349,416
less: transfer payments.............. 79,093 79,633
Subtotal............................. $264,482 $269,783
Divided by: Detroit CPI for 12 months
ending June 30....................... 2.061 2.104
Equals: real adjusted Michigan personal
income............................... $128,306 $128,224
Percentage change ........................ -0.1%
Percentage change less than 0% ........... -0.1%
Multiplied by: estimated GF/GP revenue in
FY 2010-2011 (millions).............. 6,968.4
Equals: countercyclical budget and
economic stabilization fund payout calculation
for the fiscal year ending September 30,
2011................................. -$7.0
Sec. 212. The departments and agencies receiving
appropriations in part 1 shall receive and retain copies of all
reports funded from appropriations in part 1. Federal and state
guidelines for short-term and long-term retention of records shall
be followed.
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, 1996 IL 1, 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 technology, management, and budget 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 technology,
management, and budget.
Sec. 215. A department or state agency shall not take
disciplinary action against an employee for communicating with a
member of the legislature or his or her staff.
Sec. 216. (1) Due to the current budgetary problems in this
state, out-of-state travel 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. 217. General fund appropriations in this act shall not be
expended for items in cases where federal funding is available for
the same expenditures.
Sec. 221. (1) Each department shall report no later than April
1 on each specific policy change made to implement a public act
affecting the department that took effect during the prior calendar
year to the senate and house of representatives standing committees
on appropriations subcommittees on general government, the joint
committee on administrative rules, and the senate and house fiscal
agencies.
(2) Funds appropriated in part 1 shall not be used by a
department to adopt a rule that will apply to a small business and
that will have a disproportionate economic impact on small
businesses because of the size of those businesses if the
department fails to reduce the disproportionate economic impact of
the rule on small businesses as provided under section 40 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.240.
(3) As used in this section:
(a) "Rule" means that term as defined under section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207.
(b) "Small business" means that term as defined under section
7a of the administrative procedures act of 1969, 1969 PA 306, MCL
24.207a.
Sec. 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.
Sec. 227. Departments or agencies in part 1 shall not enter
into any no-bid contracts or extensions of contracts greater than
$500,000.00 unless a request for information indicates that there
are no other bidders. For bundled contracts, the $500,000.00 limit
only applies to the individual contracts within the bundle.
Sec. 228. Not later than October 15, each department or agency
receiving appropriations in part 1 shall prepare and transmit a
report that provides for estimates of the total general
fund/general purpose appropriation lapses at the close of the
fiscal year. This report shall summarize the projected year-end
general fund/general purpose appropriation lapses by major
departmental program or program areas. The report shall be
transmitted to the office of the state budget, the chairpersons of
the senate and house of representatives standing committees on
appropriations, and the senate and house fiscal agencies.
House Bill No. 5880 (H-2) as amended March 25, 2010 (1 of 2)
Sec. 229. If the office of the auditor general has identified
an initiative or made a recommendation that is related to savings
and efficiencies in an audit report for an executive branch
department or agency, the department or agency shall report within
6 months of the release of the audit on their efforts and progress
made toward achieving the savings and efficiencies identified in
the audit report. The report shall be submitted to the chairs of
the senate and house of representatives standing committees on
appropriations, the chairs of the senate and house of
representatives standing committees with jurisdiction over matters
relating to the department that is audited, and the senate and
house fiscal agencies.
[Sec. 230. (1) On a quarterly basis, each executive branch department and agency receiving appropriations in part 1 shall report on the number of full-time equated positions in pay status by civil service classification to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies.
(2) From the funds appropriated in part 1, each executive branch department and agency shall develop, post, and maintain on a user-friendly and publicly accessible Internet site, all expenditures made by the departments and agencies within a fiscal year. The posting must include the purpose for which each expenditure is made. Funds appropriated in part 1 from the federal American recovery and reinvestment act shall also be included on a publicly accessible website maintained by the Michigan economic recovery office. Departments and agencies shall not provide financial information on their websites under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that section.
Sec. 231. The department shall not expend more than $10,000.00 from the appropriations in part 1 to implement the requirements of section 230(2).]
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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act
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 $497,900.00 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. The department of attorney general shall not receive
and 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.
Sec. 313. (1) All money or other proceeds received by the
department of attorney general for debts due or penalties forfeited
to the people of this state or deriving from the settlement of any
lawsuit entered into by the attorney general on behalf of a state
agency, department, division, bureau, board, commission, council,
authority, or other body in the executive branch of state
government or an individual acting on behalf of the executive
branch of state government against a private individual or business
or any other private organization shall be immediately deposited in
conformity with section 33 of 1846 RS 12, MCL 14.33, and shall not
be available for expenditure or disbursement until appropriated.
(2) Except as otherwise provided by law, the department of
attorney general shall not agree as part of the settlement of a
lawsuit or administrative enforcement action on behalf of this
state, the people of this state, a state entity, or an individual
or officer acting on behalf of this state against a private
individual, business, or other organization to accept the payment
of money, goods, services, or other benefits to a third party or
parties in lieu of a debt or obligation otherwise due to this state
or the people of this state. Any money paid to settle a debt or
obligation owed to this state or the people of this state or paid
in lieu of a debt or obligation otherwise due to this state or the
people of this state or goods or services offered to settle claims
on behalf of this state or people of this state shall be deposited
with the state treasury immediately after receipt and shall not be
available for expenditure or disbursement until appropriated. This
section does not apply to settlement money or goods disbursed by a
court-approved claims administrator directly to consumer members of
a class action lawsuit brought by the attorney general in his or
her parens patriae capacity, provided the disbursement is
judicially authorized and is made following a notice period and
fairness hearing, or to supplemental environmental projects secured
on behalf of the department of natural resources and environment.
(3) On a quarterly basis, the attorney general shall report to
the senate and house of representatives standing committees on
appropriations and the state budget office the case names and
corresponding attorney general case file numbers, court docket
numbers, and presiding courts for every matter that the attorney
general settled during the preceding quarter. The attorney general
shall report the total settlement value for each case reported. The
attorney general shall itemize each settlement to additionally
reflect all of the following:
(a) The aggregate Michigan consumer recovery.
(b) The value of restitution paid on behalf of this state or
any state or federal department or agency whose interest was
resolved in the case.
(c) Amounts recovered for civil penalties.
(d) Amounts recovered for attorney fees.
(e) Amounts recovered as reimbursement for the costs of
investigation. If the attorney general settled a case in the prior
quarter for nonmonetary proceeds, he or she shall indicate the
identity and value of the proceeds received for each case as
provided in this section.
(4) Funds appropriated to the department of attorney general
under part 1 are appropriated contingent upon compliance with this
section.
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 act 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.
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. 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,
2012.
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, 2012.
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 STATE
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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 702. 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. 703. 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. 704. 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. 705. (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) 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. 706. On October 1 of each year, the department of state
shall file a report with the senate and house of representatives
standing committees on appropriations and the senate and house
fiscal agencies. The report shall include details on the activities
and success of the department's enforcement and compliance with the
help America vote act of 2002, Public Law 107-252.
Sec. 707. 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. 708. 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. 709. 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. 710. (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. 711. (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) 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. 712. 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. 713. (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. 714. At least 180 days before closing or consolidating a
branch office and at least 60 days before relocating a branch
office, the department of state shall inform members of the senate
and house of representatives standing committees on appropriations
and legislators who represent affected areas regarding the details
of the proposal. The information provided shall be in written form
and include all analyses done regarding criteria for changes in the
location of branch offices, including, but not limited to, branch
transactions, revenue, and the impact on citizens of the affected
area. The impact on citizens shall include information regarding
additional distance to branch office locations resulting from the
plan. The written notice provided by the department of state shall
also include detailed estimates of costs and savings that will
result from the overall changes made to the branch office structure
and the same level of detail regarding costs for new leased
facilities and expansions of current leased space.
Sec. 715. (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, may be used by 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.
(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. 716. (1) Funds in part 1 for motorcycle safety education
grants and administration are appropriated to the department of
state for operation of the motorcycle safety education program
previously operated by the department of education under section
811a of the Michigan vehicle code, 1949 PA 300, MCL 257.811a.
(2) Funds in part 1 for motorcycle safety education grants and
administration shall be derived from original and renewal
motorcycle license endorsements, annual motorcycle registration
fees, and motorcycle operator driving test fees.
(3) Funds in part 1 for motorcycle safety education grants and
administration shall be used 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.
(4) Funds in part 1 for motorcycle safety education grants and
administration may be used 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. 717. (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.
Sec. 718. From the funds appropriated in part 1 to the
department of state, branch operations, the department shall
maintain a full service secretary of state branch office in Buena
Vista Township.
Sec. 719. From the funds appropriated in part 1 for the
department of state, the department shall first use restricted
funding for expenditures, when available for that purpose, before
using general fund dollars.
Sec. 720. The funds appropriated in part 1 for department of
state, branch operations, are contingent upon the department
complying with the following guidelines for branch office
placement:
(a) The department of state shall, whenever possible, avoid
leasing space for branch offices on greenfield sites or other
noncentral locations that require the construction of new
infrastructure to service the office or facility, except in limited
circumstances when the constituency served or programs supported
require the use of a noncentral or open space location.
(b) The department shall encourage public investment in this
state's urban areas by locating branch offices and facilities in
urban areas. As used in this section, "urban areas" means a
downtown area, town centers, or central business districts.
(c) The department shall, whenever possible, locate branch
offices at locations consistent with local planning and zoning and
compatible with existing land uses.
(d) In selecting a site for a branch office, the department
shall give priority to locations in urban areas, whenever
reasonably possible and consistent with state law. In making
location decisions, the department shall also give consideration to
the following:
(i) Use of existing space in state-owned facilities in urban
areas.
(ii) Adaptive use or rehabilitation of historic buildings or
reuse of other buildings within an urban area.
(iii) Use of vacant buildings in an urban area.
(iv) Use of vacant land in an urban area.
(v) Use and rehabilitation of brownfield areas.
Sec. 721. From the funds appropriated in part 1, the
department of state may collect ATM commission fees from companies
that have ATMs located in secretary of state branch offices. The
commission received from the use of these ATMs shall be credited to
the transportation administration collection fund created under
section 810b of the Michigan vehicle code, 1949 PA 300, MCL
257.810b.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET
Sec. 801. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $4,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $8,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $150,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 802. 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 technology, management, and budget to offset costs
incurred in the acquisition and distribution of federal surplus
property.
Sec. 803. (1) The department of technology, 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 technology,
management, and budget.
(2) The department of technology, 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 technology, 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 technology, 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. 804. (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 technology, 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 technology, 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. 805. To the extent a specific appropriation is required
for a detailed source of financing included in part 1 for the
department of technology, 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. 806. In addition to the funds appropriated in part 1 to
the department of technology, management, and budget, the
department may receive and expend funds from other principal
executive departments and state agencies to implement
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 technology,
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. 807. 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. 808. (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 technology, 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 technology,
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. 809. The department of technology, management, and budget
shall notify the chairpersons of the senate and house of
representatives standing committees on appropriations and the
chairpersons of the senate and house of representatives standing
committees on appropriations subcommittees on general government on
any revisions that increase or decrease current contracts by more
than $500,000.00 for computer software development, hardware
acquisition, or quality assurance at least 14 days before the
department of technology, management, and budget finalizes the
revisions.
Sec. 810. The department of technology, 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. 811. The department of technology, 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. 812. 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. 813. (1) Funds in part 1 for motor vehicle fleet are
appropriated to the department of technology, 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) It is the intent of the legislature that the department of
technology, management, and budget have the authority to determine
the appropriateness of vehicle assignment, to include year, make,
model, size, and price of vehicle. The department may assign motor
vehicles, permanently or temporarily, to state agencies and to
institutions of higher education.
(4) Pursuant to the department of technology, management, and
budget's authority under sections 213 and 215 of the management and
budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department
shall maintain a plan regarding the operation of the motor vehicle
fleet. The plan shall include the number of vehicles assigned to,
or authorized for use by, state departments and agencies, efforts
to reduce vehicle expenditures, the number of cars in the motor
vehicle fleet, the number of miles driven by fleet vehicles, and
the number of gallons of fuel consumed by fleet vehicles. The plan
shall include a calculation of the amount of state motor vehicle
fuel taxes that would have been incurred by fleet vehicles if fleet
vehicles were required by law to pay motor fuel taxes. The plan
shall include a description of fleet garage operations, the goods
sold and services provided by the fleet garage, the cost to operate
the fleet garage, the number of fleet garage locations, and the
number of employees assigned to each fleet garage. The plan may be
adjusted during the fiscal year based on needs and cost savings to
achieve the maximum value and efficiency from the state motor
fleet. Within 60 days after the close of the fiscal year, the
department shall provide a report to the senate and house of
representatives standing committees on appropriations and the
senate and house fiscal agencies detailing the current plan and
changes made to the plan during the fiscal year.
(5) The department of technology, 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. 814. The department of technology, management, and budget
shall adopt policies and procedures necessary for compliance by the
department, other state departments and agencies, and state vendors
and subcontractors, with the requirement under subsection (1) of
section 261 of the management and budget act, 1984 PA 431, MCL
18.1261, to provide a purchasing preference for products
manufactured or services offered by Michigan-based firms.
Sec. 815. In determining whether the purchase, contracting
for, providing of supplies, materials, services, insurance,
utilities, third-party financing, equipment, printing, and other
items needed by state departments or agencies is in the best
interests of this state, and in making all discretionary decisions
concerning the solicitation, award, amendment, cancellation, or
appeal of state contracts, the department of technology,
management, and budget shall consider all of the following:
(a) Whether a proposal by a vendor to provide services to this
state using employees, contractors, subcontractors, or other
individuals who are not citizens of the United States, legal
resident aliens, or individuals with a valid visa would be
detrimental to the state of Michigan, its residents, or the state's
economy.
(b) Whether a proposal by a vendor to provide services to this
state from a location outside of this state or the United States
would be detrimental to the state of Michigan, its residents, or
the state's economy.
(c) Whether a proposal by a vendor to provide goods to this
state produced outside of this state or the United States would be
detrimental to the state of Michigan, its residents, or the state's
economy.
(d) Whether the acquisition of goods or services from a vendor
that is an expatriated business entity located in a tax haven
country or an affiliate of an expatriated business entity located
in a tax haven country would be detrimental to the state of
Michigan, its residents, or the state's economy. As used in this
section, "expatriated business entity" means a corporation or an
affiliate of the corporation incorporated in a tax haven country
after September 11, 2001, but with the United States as the
principal market for the public trading of the corporation's stock,
as determined by the director of the department of technology,
management, and budget. "Tax haven country" means each of the
following: Barbados, Bermuda, British Virgin Islands, Cayman
Islands, Commonwealth of the Bahamas, Cyprus, Gibraltar, Isle of
Man, the Principality of Liechtenstein, the Principality of Monaco,
and the Republic of the Seychelles.
(e) Whether the provision of services to this state at a
location outside of this state or the United States would be
detrimental to the privacy interests of Michigan residents, or risk
the disclosure of personal information of Michigan residents, such
as social security, financial, or medical data.
(f) Whether a proposal by a vendor to provide services to this
state from a location outside of this state or the United States
would constitute undue risk under a risk management policy,
practice, or procedure adopted by the department of technology,
management, and budget under section 204 of the management and
budget act, 1984 PA 431, MCL 18.1204.
(g) Whether a proposal by a vendor to provide goods to this
state produced outside of this state or the United States would
constitute undue risk under a risk management policy, practice, or
procedure adopted by the department of technology, management, and
budget under section 204 of the management and budget act, 1984 PA
431, MCL 18.1204.
Sec. 816. The department of technology, management, and budget
shall collect from vendors information necessary to comply with the
requirements of this act, as determined by the department. The
department of technology, management, and budget may require
vendors to provide any of the following:
(a) Information relating to the location of work performed
under a state contract by the vendor and any subcontractors,
employees, or other persons performing a state contract.
(b) Information regarding the corporate structure and location
of corporate employees and activities of the vendor, its
affiliates, or any subcontractors.
(c) Notice of the relocation of the vendor, employees of the
vendor, subcontractors of the vendor, or other persons performing
services under a state contract outside of the state of Michigan.
Sec. 817. The department of technology, management, and budget
may require that any vendor or subcontractor providing call or
contact center services to the state of Michigan disclose to
inbound callers the location from which the call or contact center
services are being provided.
Sec. 818. In addition to the funds appropriated in part 1, the
department of technology, 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. 819. In addition to the funds appropriated in part 1, the
department of technology, 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. 820. 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. 821. 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.
Sec. 822. The department of technology, management, and budget
shall compile a report by January 1 pertaining to the salaries of
unclassified employees, as well as gubernatorial appointees, within
all state departments and agencies. The report shall enumerate each
unclassified employee and gubernatorial appointee and his or her
annual salary individually. The report shall be distributed to the
chairs of the senate and house of representatives standing
committees on appropriations subcommittees on general government,
as well as the senate and house fiscal agencies.
Sec. 823. (1) The department of technology, management, and
budget 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 technology, management, and budget 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 webpages or services offered
on those webpages. A private or public funding source may receive
recognition in the webpage. The department of technology,
management, and budget may reject any gift, donation, contribution,
bequest, or grant.
(3) Funds accepted by the department of technology,
management, and budget 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 technology, management, and
budget 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. 824. The department of technology, management, and budget
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 technology, management, and budget 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 technology, management, and
budget may expend amounts received for salaries, supplies, and
equipment necessary to provide informational products and technical
services. Prior to December 1 of each year, the department shall
provide a report to the senate and house of representatives
standing committees on appropriations subcommittees on general
government, detailing the sources of funding and expenditures made
under this section.
Sec. 825. 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. 826. 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, including, but
not limited to, wireless networking.
(f) Information technology project management.
(g) Information technology planning and budget management.
(h) Telecommunication services, security, infrastructure, and
support.
Sec. 827. (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 technology, management, and budget shall
assess all subscribers of the Michigan public safety communications
system reasonable access and maintenance fees.
(3) All money received by the department of technology,
management, and budget under this section shall be expended for the
support and maintenance of the Michigan public safety
communications system.
(4) The department of technology, management, and budget 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. 828. The department of technology, management, and budget
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 and the senate and house fiscal agencies by March 1. The
report shall include the following:
(a) The total amount of funding appropriated for information
technology services and projects, by funding source, for all
principal executive departments and agencies.
(b) A listing of the expenditures made from the amounts
received by the department of information technology, as reported
in subdivision (a).
Sec. 829. The department of technology, management, and budget
shall provide a report that analyzes and makes recommendations on
the life-cycle of information technology hardware and software. The
report shall be submitted to the senate and house of
representatives standing committees on appropriations subcommittees
on general government and the senate and house fiscal agencies by
March 1.
Sec. 830. By December 31, the department shall provide a
report that lists all information technology-related change orders
and follow-on contracts, greater than $25,000.00, whether they are
bid, exercise options or no-bid, and the amount of each change
order or contract extension contract entered into by the department
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.
Sec. 831. The department of technology, management, and budget
shall determine how existing 2-1-1 capacities will be utilized by
each state department with community resource information and
referral service, including, but not limited to, toll-free help and
information lines and comprehensive human service databases. The
department of technology, management, and budget shall report its
findings in writing to the senate and house of representatives
standing committees on appropriations by July 1. The report shall
include a statement of how each state department has utilized 2-1-1
in its coordination efforts, including any efficiencies, cost
savings, and improved service provided to Michigan residents. The
report shall also contain recommendations for maintaining a
statewide 2-1-1 system.
Sec. 832. The department shall provide a report that
calculates the total amount of funds expended for the child support
enforcement system to date from the inception of the program. The
report shall contain information on the original start and
completion dates for the project, the original cost to complete the
project, and a listing of all revisions to project completion dates
and costs. The report shall include the total amount of funds paid
to the federal government for penalties. The report shall be
submitted to the senate and house of representatives standing
committees on government operations, the senate and house of
representatives standing committees on appropriations subcommittees
on general government, and the senate and house fiscal agencies by
January 1.
Sec. 833. (1) The state budget director, upon notification to
the senate and house of representatives standing committees on
appropriations, may adjust spending authorization and user fees in
the department of technology, management, and budget 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 technology,
management, and budget budget to accommodate an increase or
decrease in spending authorization.
Sec. 834. (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 technology, management, and budget. 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. 835. 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.
STATE BUILDING AUTHORITY
Sec. 840. (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 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, 2011. 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. 841. (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. 842. (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. 843. The state building authority shall provide to the
JCOS, state budget director, and 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. 850. (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 2010 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. 851. 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. 852. 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. 860. As used in sections 861 through 869:
(a) "Board" means the state administrative board.
(b) "Community college" does not include a state agency or
university.
(c) "Department" means the department of technology,
management, and budget.
(d) "Director" means the director of the department of
technology, 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. 861. Each capital outlay project authorized in this act
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. 862. (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 act, 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. 863. (1) The director shall allocate lump-sum
appropriations made in this act 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. 864. 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. 865. (1) A site preparation economic development fund is
created in the department of technology, 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).
CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES
Sec. 870. 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. 871. (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. 872. A state agency, community college, or university
shall take steps necessary to make available federal and other
money indicated in this act, to make available federal or other
money that may become available for the purposes for which
appropriations are made in this act, 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. Any federal matching
revenues received to support the construction of the project shall
be applied to the total authorized project cost, with the state and
community college or university financing shares proportionately
adjusted.
Sec. 873. (1) This section applies only to projects for
community colleges.
(2) State support is directed towards the remodeling and
additions, special maintenance, or construction of certain
community college buildings. The community college shall obtain or
provide for site acquisition and initial main utility installation
to operate the facility. Funding shall be composed of local and
state shares and not more than 50% of a capital outlay project, not
including a lump-sum special maintenance project or remodeling and
addition project, for a community college shall be appropriated
from state and federal funds, unless otherwise appropriated by the
legislature.
(3) An expenditure under this act is authorized when the
release of the appropriation is approved by the board upon the
recommendation of the director. The director may recommend to the
board the release of any appropriation in part 1 only after the
director is assured that the legal entity operating the community
college to which the appropriation is made has complied with this
act and has matched the amounts appropriated as required by this
act. A release of funds in part 1 shall not exceed 50% of the total
cost of planning and construction of any project, not including
lump-sum remodeling and additions and special maintenance, unless
otherwise appropriated by the legislature. Further planning and
construction of a project authorized by this act or applicable
sections of the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594, shall be in accordance with the purpose and scope as
defined and delineated in the approved program statements and
planning documents. This act is applicable to all projects for
which planning appropriations were made in previous acts.
(4) The community college shall take the steps necessary to
secure available federal construction and equipment money for
projects funded for construction in this act if an application was
not previously made. If there is a reasonable expectation that a
prior year unfunded application may receive federal money in a
subsequent year, the college shall take whatever action necessary
to keep the application active.
Sec. 874. If university and community college matching
revenues are received in an amount less than the appropriations for
capital projects contained in this act, the state funds shall be
reduced in proportion to the amount of matching revenue received.
Sec. 875. (1) The director may require that community colleges
and universities that have an authorized project listed in part 1
submit documentation regarding the project match and governing
board approval of the authorized project not more than 60 days
after the beginning of the fiscal year.
(2) If the documentation required by the director under
subsection (1) is not submitted, or does not adequately
authenticate the availability of the project match or board
approval of the authorized project, the authorization may
terminate. The authorization terminates 30 days after the director
notifies the JCOS of the intent to terminate the project unless the
JCOS convenes to extend the authorization.
Sec. 876. (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 of technology, management, and budget. 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 of technology, management, and budget.
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 of
technology, management, and budget 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 of technology, management, and budget
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 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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act
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
23% 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. 905. (1) The department of treasury shall provide copies
of the state tax manual via the department's website or provide for
sale copies of the tax manuals on a compact disc or an
electronically transmitted format. The revenue received from the
sale of preparation and local government assistance manuals shall
revert to the department of treasury and be placed in the local
government assistance manual revolving fund.
(2) In addition to the funds appropriated in part 1, revenue
received from the sale of those manuals is appropriated.
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
1976 IL 1, 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. (1) 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.
(2) Of the funds appropriated in part 1 to the department of
treasury for the senior citizens' cooperative housing tax exemption
program, a portion is to be utilized for a program audit of the
program. The department of treasury shall forward copies of the
audit report to the senate and house of representatives standing
committees on appropriations subcommittees on general government
and to the state budget office. The department of treasury may
utilize up to 1% of the funds for program administration and
auditing.
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 2009. 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 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. 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 2010. 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 exemptions denied and the revenue received
under the program.
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.
The unencumbered balance remaining in the fund at the end of the
fiscal year may be carried forward for appropriation in future
years.
(4) An annual report shall be transmitted to the senate and
house of representatives standing committees on appropriations, 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. 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. 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. 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. 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. 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. 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. 938. It is the intent of the legislature that the
department of treasury shall work with local units of government to
improve the system for payments in lieu of taxes on purchased lands
and report on their efforts by January 1.
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. 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 department shall report on the efficacy of
increased personnel for field collection provided for in part 1.
The report shall contain the methodology used to generate
additional revenue, the amount of additional revenue received as a
direct result of the increased field staff, and an evaluation of
whether this program is worth sustaining within the department. The
report shall be submitted 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 September 30.
Sec. 944. If the department hires a pension plan consultant
using any of the funds appropriated in part 1, the department shall
forward any report provided to the department by that consultant 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.
Sec. 945. The assessment and certification division of the
department of treasury may conduct a review of local unit
assessment administration practices, procedures, and records, also
known as the 14-point review, in at least 1 assessment jurisdiction
per county.
Sec. 947. (1) The department of treasury shall submit
quarterly progress reports to the senate and house of
representatives standing committees on appropriations subcommittees
on general government and the senate and house fiscal agencies,
regarding personal property tax audits funded under subsection (1).
The report shall include the number of audits, revenue generated,
and number of complaints received by the department related to the
audits.
(2) Of the funds appropriated in part 1, $500,000.00 shall be
used for the principal residence exemption compliance program. The
department shall submit quarterly progress reports that include the
number of exemptions denied and the revenue received under this
program. The legislative auditor general shall complete a
performance audit of the principal residence exemption compliance
program prior to April 1. Revenue generated to the state from the
principal residence exemption compliance program shall be used to
reimburse the state general fund for the $500,000.00 appropriation
prior to any other allocation.
Sec. 948. By December 15, the department of treasury shall
report to the senate and house of representatives standing
committees on appropriations subcommittees on general government
and the senate and house fiscal agencies the number of tax returns,
to include state income tax returns, single business tax returns,
and Michigan business tax returns filed online by Michigan
residents in the immediately preceding fiscal year.
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.
(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, as
set forth in this subsection, shall be the lesser of 101.0%, or the
percentage determined under this subsection, of the total combined
distribution under section 10 of article IX of the state
constitution of 1963 during the 2009-2010 state fiscal year, and
the statutory distribution received under section 950 of 2009 PA
128 during the 2009-2010 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 2010-2011 state fiscal year and $323,494,400.00 by
$926,538,000.00 and then adding 0.01. Undistributed funds shall
lapse to the general fund.
Sec. 955. (1) The funds appropriated in part 1 for county
revenue sharing shall be distributed by the department to eligible
counties pursuant to the Glenn Steil state revenue sharing act of
1971, 1971 PA 140, MCL 141.901 to 141.921.
(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 online 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. 962. In addition to the funds appropriated in part 1 of
the bureau of state lottery, there is appropriated 1% of the prior
fiscal year's lottery ticket sales for promotion and advertising.
Sec. 963. The bureau of state lottery shall inform all lottery
retailers that the cash side of department of human services bridge
cards cannot be used to purchase lottery tickets.
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, 1996 IL 1,
MCL 432.212a.
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.
Sec. 975. From the balance in the state services fee fund as
of the close of fiscal year 2009-2010, $1,600,000.00 is
appropriated and shall be transferred to the state general fund.
Sec. 976. The racing commissioner may pay rewards of not more
than $5,800.00 to a person who provides information that results in
the arrest and conviction on a felony or misdemeanor charge for a
crime that involves the horse racing industry. A reward paid
pursuant to this section shall be paid out of the office of racing
commissioner line item.
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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $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 act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
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. In addition to the appropriations in part 1, 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. 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 development job 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. 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. 1014. (1) All funds received from repayment of loans,
unused grants, revenues received from sales or cash flow
participation agreements, guarantees, or any combination of these
or accrued interest originally distributed as part of the core
communities fund, created by 2000 PA 291, shall be received, held,
and applied by the fund for the purposes described in 2000 PA 291.
(2) The fund shall provide an annual report on the status of
this fund which includes information that details the awards made.
The report shall be provided to the appropriations subcommittees on
general government, the fiscal agencies, and the state budget
office by January 31.
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. 1024. From the funds appropriated in part 1 for the jobs
for Michigan investment program: 21st century jobs fund, the
Michigan strategic fund board may allocate funds to be used for the
small business innovation research or small business technology
transfer research grant or loan matching program. These funds shall
only be used to provide the required match. Grants or loans under
this section shall not exceed 25% of the federal funds and must
leverage third-party commercialization funding at both the phase I
and phase II levels.
Sec. 1032. (1) The Michigan film office shall report to the
subcommittees and the fiscal agencies on the status of the film
incentives at the same time as it submits the annual report
required under section 455 of the Michigan business tax act, 2007
PA 36, MCL 208.1455. The department of treasury and the Michigan
strategic fund shall provide the Michigan film office with the data
necessary to prepare the report. Incentives included in the report
shall include all of the following:
(a) The tax credit provided under section 455 of the Michigan
business tax act, 2007 PA 36, MCL 208.1455.
(b) The tax credit provided under section 457 of the Michigan
business tax act, 2007 PA 36, MCL 208.1457.
(c) The tax credit provided under section 459 of the Michigan
business tax act, 2007 PA 36, MCL 208.1459.
(d) The amount of any tax credit claimed under section 367 of
the income tax act of 1967, 1967 PA 281, MCL 206.367.
(e) Any tax credits provided for film and digital media
production under the Michigan economic growth authority act, 1995
PA 24, MCL 207.801 to 207.810.
(f) Loans to an eligible production company or film and
digital media private equity fund authorized under section 88d(3),
(4), and (5) of the Michigan strategic fund act, 2005 PA 225, MCL
125.2088d.
(2) The report shall include all of the following information:
(a) For each tax credit, the number of contracts signed, the
projected expenditures qualifying for the credit, and the estimated
value of the credits. For loans, the number of loans made under
each section, the interest rate of those loans, the loan amount,
the percent of the projected budget of each production financed by
those loans, and the estimated interest earnings from the loan.
(b) For credits authorized under section 455 of the Michigan
business tax act, 2007 PA 36, MCL 208.1455, for productions
completed by December 31, the expenditures of each production
eligible for the credit that has filed a request for certificate of
completion with the film office, broken down into expenditures for
goods, services, or salaries and wages and showing separately
expenditures in each local unit of government, including
expenditures for personnel, whether or not they were made to a
Michigan entity, and whether or not they were taxable under the
laws of this state. For loans, the report shall include the number
of loans that have been fully repaid, with principal and interest
shown separately, and the number of loans that are delinquent or in
default, and the amount of principal that is delinquent or is in
default.
(c) For each of the tax credit incentives and loan incentives
listed in subsection (1), a breakdown for each project or
production showing each of the following:
(i) The number of temporary jobs created.
(ii) The number of permanent jobs created.
(iii) The number of persons employed in Michigan as a result of
the incentive, on a full-time equated basis.
(3) For any information not included in the report due to the
provisions of sections 455(6), 457(6), or 459(6) of the Michigan
business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459,
the report shall do all of the following:
(a) Indicate how the information would describe the commercial
and financial operations or intellectual property of the company.
(b) Attest that the information has not been publicly
disseminated at any time.
(c) Describe how disclosure of the information may put the
company at a competitive disadvantage.
(4) Any information not disclosed due to the provisions of
sections 455(6), 457(6), or 459(6) of the Michigan business tax
act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, shall be
presented at the lowest level of aggregation that would no longer
describe the commercial and financial operations or intellectual
property of the company.
Sec. 1033. The fund shall make available to the public the
minutes of the Michigan film office advisory council.
Sec. 1034. (1) From the funds appropriated in part 1 for the
business incubator program, the Michigan strategic fund shall award
a grant to 1 high-performance business incubator in each of the
following counties or cities:
(a) Houghton County.
(b) A city with a population in the 2000 census between
119,000 and 120,000 and that experienced a population loss between
8% and 9% between the 1990 census and the 2000 census.
(c) Isabella County.
(d) Kalamazoo County.
(e) Kent County.
(f) Macomb County.
(g) Muskegon County.
(h) Oakland County.
(i) Washtenaw County.
(j) A city with a population greater than 750,000.
(2) Grant funding awarded under this section may be used to
fund satellite locations, as determined by the Michigan strategic
fund.
(3) Eligible recipients for these awards must be operational
on October 1 and submit a comprehensive business plan that
demonstrates sustainable operating capacity.
(4) Of the appropriation in part 1 for the business incubator
program, $250,000.00 shall be awarded to an eligible business
incubator within Macomb County and $250,000.00 shall be awarded to
an eligible business incubator within Oakland County. From the
appropriation in part 1 for the business incubator program, funding
shall be awarded first to these 2 incubators; any remaining funding
shall be prorated and awarded in equal amounts to eligible business
incubators in the remaining counties. No unit of local government
listed above shall receive more than 1 award.
(5) Awards shall be announced by March 31, 2011.
Sec. 1035. (1) From the appropriations in part 1, the Michigan
council of arts and cultural affairs shall develop and administer
arts and cultural grant programs. The council may establish
targeted programs to address needs specifically identified and
shall do all of the following:
(a) 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.
(b) A nonrefundable application fee may be assessed for each
application. Application fees shall be deposited in the council for
the arts fund and are appropriated for expenses necessary to
administer the programs. These funds are available for expenditure
when they are received and may be carried forward to the following
fiscal year.
(c) Disburse, fund, and make grants to public and private arts
and cultural entities.
(2) Grant money that was awarded but returned may be carried
forward to the following fiscal year and is appropriated for the
same purpose for which the funding was originally appropriated.
Sec. 1036. (1) The Michigan council for arts and cultural
affairs may offer an arts and cultural institutions project program
for counties, cities, villages, townships, community foundations,
and nonprofit organizations operating arts and cultural
institutions for remodeling, repair, renovation, or construction of
certain arts and cultural institutions. In order to authorize the
program, the council shall:
(a) Comply with the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
(b) One hundred and twenty days prior to the commencement of
the application period, publish proposed application criteria,
instructions, and forms for use by eligible applicants. The council
shall provide at least a 2-week period for public comment prior to
finalization of the application criteria, instructions, and forms.
(2) Each applicant shall submit an application with the
proposal in a form and manner approved by the council. If
application fees are required, the fees are appropriated when
received and may be expended to offset the council's direct and
indirect costs associated with reviewing the proposals.
(3) The council 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 inclusion in a budget recommendation to the
legislature. Projects recommended by the council to the state
budget director shall not exceed $50,000,000.00 in total. Debt
service for bonds issued under this program shall be paid by annual
appropriations for this purpose.
(4) The council 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 council.
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 2010-2011
Beginning
Fund Unreserved
Fund Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 33.1 7,841.6 4.6
General fund/special purpose 548.9 22,754.3 619.6
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 2.2 0.0 2.2
Game and fish protection 0112 4.2 63.1 1.2
Michigan employment security act
administration 0113 15.0 12.0 15.0
State aeronautics 0114 4.2 131.4 0.1
Michigan veterans' benefit
trust 0115 0.0 5.0 0.0
State trunkline 0116 (13.2) 1,309.7 (19.7)
Michigan state waterways 0117 1.5 27.5 0.0
Blue Water Bridge 0118 13.2 21.3 19.7
Michigan transportation 0119 0.0 1,796.9 0.0
Comprehensive transportation 0120 6.6 304.8 0.0
School aid 0122 0.0 12,375.0 0.0
Game and fish protection trust 0124 6.0 8.1 6.0
State park improvement 0125 0.5 38.2 0.0
Forest development 0126 1.0 28.0 0.0
Michigan civilian conservation
corps endowment 0128 0.0 0.0 0.0
Michigan natural resources
trust 0129 31.2 45.6 28.1
Michigan state parks endowment 0130 0.0 10.4 0.0
Safety education and training 0131 7.1 9.2 8.0
Bottle deposit 0136 0.0 10.8 0.0
State construction code 0138 5.8 7.4 2.8
Children's trust 0139 1.1 3.8 0.9
State casino gaming 0140 1.9 34.2 2.0
Homeowner construction lien
recovery 0141 0.0 0.0 0.0
Michigan nongame fish and
wildlife 0143 0.1 0.3 0.0
Michigan merit award trust 0154 6.1 175.2 0.0
Outdoor recreation legacy 0162 0.2 2.2 0.0
Off-road vehicle account 0163 0.2 3.3 0.1
Snowmobile account 0164 0.3 11.0 0.0
Silicosis dust disease
and logging 0870 2.3 1.9 2.3
Utility consumer representation 0893 1.2 1.2 1.0
TOTALS $680.7 $47,033.4 $693.9
