HB-5816, As Passed House, March 20, 2008

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5816

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make, supplement, and adjust appropriations for the

 

departments of attorney general, civil rights, civil service,

 

information technology, management and budget, state, and treasury,

 

the executive office, and the legislative branch for the fiscal

 

year ending September 30, 2009; to provide for the expenditure of

 

these appropriations; to provide for the funding of certain work

 

projects; to provide for the imposition of certain fees; to

 

establish or continue certain funds, programs, and categories; to

 

transfer certain funds; to prescribe certain requirements for

 

bidding on state contracts; to provide for disposition of year-end

 

balances; to prescribe the powers and duties of certain principal

 

executive departments and state agencies, officials, and employees;

 

and to provide for the disposition of fees and other income


 

received by the various principal executive departments and state

 

agencies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. Subject to the conditions set forth in this act, the

 

amounts listed in this part are appropriated for the departments of

 

attorney general, civil rights, civil service, information

 

technology, management and budget, state, and treasury, the

 

executive office, the legislative branch, and certain other state

 

purposes, for the fiscal year ending September 30, 2009, 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........... 46.0

 

Full-time equated classified positions.......... 7,459.7

 

GROSS APPROPRIATION.................................... $  3,151,316,800

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................       656,958,000

 

ADJUSTED GROSS APPROPRIATION...........................     2,494,358,800

 

   Federal revenues:

 

Total federal revenues.................................       114,545,700

 

   Special revenue funds:

 

Total local revenues...................................         3,098,000

 

Total private revenues.................................         1,265,700


 

Total other state restricted revenues..................     1,715,834,300

 

State general fund/general purpose.....................       659,615,100

 

 

 

   Sec. 102.  DEPARTMENT OF ATTORNEY GENERAL

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 537.0

 

GROSS APPROPRIATION.................................... $     76,544,600

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        24,301,000

 

ADJUSTED GROSS APPROPRIATION........................... $     52,243,600

 

   Federal revenues:

 

Total federal revenues.................................         8,050,800

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................        11,927,600

 

State general fund/general purpose..................... $     32,265,200

 

   (2) ATTORNEY GENERAL OPERATIONS

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 537.0

 

Attorney general....................................... $        124,900

 

Unclassified positions--5.0 FTE positions..............           476,300

 

Attorney general operations--500.0 FTE positions.......        70,171,400

 

Child support enforcement--25.0 FTE positions..........         2,955,200

 

Prosecuting attorneys coordinating council--12.0 FTE


 

   positions............................................         1,996,900

 

Internal audit services................................            47,900

 

GROSS APPROPRIATION.................................... $     75,772,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDCH, health services.........................         1,875,600

 

IDG from MDCH, WIC.....................................            70,300

 

IDG from MDE...........................................           289,400

 

IDG from MDEQ..........................................         1,748,200

 

IDG from MDHS..........................................         3,345,100

 

IDG from MDLEG, career education services..............           187,000

 

IDG from MDLEG, children's protection registry.........            36,400

 

IDG from MDLEG, financial and insurance services.......         1,107,300

 

IDG from MDLEG, homeowners construction lien recovery..           557,000

 

IDG from MDLEG, licensing and regulation fees..........           176,500

 

IDG from MDLEG, Michigan occupational safety and

 

   health...............................................            99,200

 

IDG from MDLEG, Michigan state housing development

 

   authority............................................           521,000

 

IDG from MDLEG, remonumentation fees...................            77,900

 

IDG from MDLEG, unemployment insurance agency..........         1,720,200

 

IDG from MDMB, risk management revolving fund..........         1,362,800

 

IDG from MDMVA.........................................           119,500

 

IDG from MDOC..........................................           479,100

 

IDG from MDOT, comprehensive transportation fund.......           159,800

 

IDG from MDOT, state aeronautics fund..................           157,700

 

IDG from MDOT, state trunkline fund....................         2,821,100


 

IDG from MDSP..........................................           708,400

 

IDG from MDSP, Michigan justice training fund..........           325,000

 

IDG from Michigan gaming control board.................         1,090,400

 

IDG from treasury......................................         4,646,500

 

IDG from treasury, strategic fund......................           129,800

 

IDG from civil service commission......................           301,400

 

IDG from MDIT..........................................           188,400

 

   Federal revenues:

 

DAG, state administrative match grant/food stamps......           389,500

 

Federal funds..........................................         2,495,400

 

HHS, medical assistance, medigrant.....................           652,300

 

HHS-OS, state Medicaid fraud control units.............         4,513,600

 

   Special revenue funds:

 

Antitrust enforcement collections......................           653,100

 

Assigned claims assessments............................           120,600

 

Attorney general's operations fund.....................           883,900

 

Auto repair facilities fees............................           234,700

 

Franchise fees.........................................           300,600

 

Game and fish protection fund..........................           917,800

 

Liquor purchase revolving fund.........................         1,064,600

 

Manufactured housing fees..............................           197,200

 

Merit award trust fund.................................           408,600

 

Prisoner reimbursement.................................           463,000

 

Prosecuting attorneys training fees....................           375,000

 

Public utility assessments.............................         1,839,300

 

Real estate enforcement fund...........................           552,600

 

Reinstatement fees.....................................           160,800


 

Retirement funds.......................................           758,200

 

Second injury fund.....................................         1,004,500

 

Self-insurers security fund............................           175,200

 

Silicosis and dust disease fund........................           536,200

 

State building authority revenue.......................            98,700

 

State lottery fund.....................................           249,900

 

Utility consumers fund.................................           562,400

 

Waterways fund.........................................           100,700

 

Worker's compensation administrative revolving fund....           270,000

 

State general fund/general purpose..................... $     31,493,200

 

   (3) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $         772,000

 

GROSS APPROPRIATION.................................... $        772,000

 

    Appropriated from:

 

State general fund/general purpose..................... $        772,000

 

 

 

   Sec. 103.  DEPARTMENT OF CIVIL RIGHTS

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 5.0

 

   Full-time equated classified positions.......... 127.0

 

GROSS APPROPRIATION.................................... $     14,528,400

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $     14,528,400

 

   Federal revenues:

 

Total federal revenues.................................         2,057,300


 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................                 0

 

State general fund/general purpose..................... $     12,471,100

 

   (2) CIVIL RIGHTS OPERATIONS

 

   Full-time equated unclassified positions.......... 5.0

 

   Full-time equated classified positions.......... 127.0

 

Unclassified positions--5.0 FTE positions.............. $        264,700

 

Civil rights operations--127.0 FTE positions...........        13,334,800

 

Internal audit services................................            68,700

 

GROSS APPROPRIATION.................................... $     13,668,200

 

    Appropriated from:

 

   Federal revenues:

 

EEOC, state and local antidiscrimination agency

 

   contracts............................................         1,271,700

 

HUD, grant.............................................           770,600

 

State general fund/general purpose..................... $     11,625,900

 

   (3) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $         860,200

 

GROSS APPROPRIATION.................................... $        860,200

 

    Appropriated from:

 

   Federal revenues:

 

EEOC, state and local antidiscrimination agency

 

   contracts............................................            15,000

 

State general fund/general purpose..................... $        845,200

 

 


 

   Sec. 104.  EXECUTIVE OFFICE

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions......... 10.0

 

   Full-time equated classified positions........... 74.2

 

GROSS APPROPRIATION.................................... $      5,317,300

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................                 0

 

ADJUSTED GROSS APPROPRIATION........................... $      5,317,300

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................                 0

 

State general fund/general purpose..................... $      5,317,300

 

   (2) EXECUTIVE OFFICE OPERATIONS

 

   Full-time equated unclassified positions......... 10.0

 

   Full-time equated classified positions........... 74.2

 

Governor............................................... $        177,000

 

Lieutenant governor....................................           123,900

 

Executive office--74.2 FTE positions...................         4,166,600

 

Unclassified positions--8.0 FTE positions..............           849,800

 

GROSS APPROPRIATION.................................... $      5,317,300

 

    Appropriated from:

 

State general fund/general purpose..................... $      5,317,300

 

 


 

   Sec. 105.  DEPARTMENT OF INFORMATION TECHNOLOGY

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 3.0

 

   Full-time equated classified positions........ 1,657.0

 

GROSS APPROPRIATION.................................... $    433,992,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................       433,992,900

 

ADJUSTED GROSS APPROPRIATION...........................                 0

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................                 0

 

State general fund/general purpose..................... $              0

 

   (2) ADMINISTRATION

 

   Full-time equated unclassified positions.......... 3.0

 

   Full-time equated classified positions........ 1,657.0

 

Unclassified positions--3.0 FTE positions.............. $        300,000

 

Enterprisewide services--69.0 FTE positions............        22,746,900

 

Health and human services--720.5 FTE positions.........       246,499,700

 

Education services--36.0 FTE positions.................         3,756,700

 

Public protection--284.0 FTE positions.................        52,855,000

 

Resources services--160.0 FTE positions................        17,381,900

 

Transportation services--99.5 FTE positions............        28,174,000

 

General services--288.0 FTE positions..................        62,278,700


 

GROSS APPROPRIATION.................................... $    433,992,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of agriculture.....................         1,525,000

 

IDG from department of attorney general................           772,000

 

IDG from department of civil rights....................           860,200

 

IDG from civil service commission......................         4,289,200

 

IDG from department of community health................        52,394,800

 

IDG from department of corrections.....................        19,105,500

 

IDG from department of education.......................         2,820,900

 

IDG from department of environmental quality...........         7,478,800

 

IDG from Michigan gaming control board.................         1,324,000

 

IDG from department of history, arts, and libraries....         1,274,800

 

IDG from department of human services..................       152,570,200

 

IDG from department of labor and economic growth.......        42,853,200

 

IDG from bureau of state lottery.......................         4,550,500

 

IDG from department of management and budget...........        28,527,900

 

IDG from department of military and veterans affairs...         1,183,800

 

IDG from department of natural resources...............         8,880,100

 

IDG from department of state...........................        24,541,000

 

IDG from department of state police....................        31,344,500

 

IDG from department of transportation..................        28,496,200

 

IDG from department of treasury........................        19,200,300

 

State general fund/general purpose..................... $              0

 

 

 

   Sec. 106.  LEGISLATURE

 

   (1) APPROPRIATION SUMMARY


 

GROSS APPROPRIATION.................................... $    115,324,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           500,000

 

ADJUSTED GROSS APPROPRIATION........................... $    114,824,900

 

   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..................... $    113,315,100

 

   (2) LEGISLATURE

 

Senate................................................. $     29,126,400

 

Senate automated data processing.......................         2,549,600

 

Senate fiscal agency...................................         3,274,600

 

House of representatives...............................        45,515,800

 

House automated data processing........................         2,024,900

 

House fiscal agency....................................         3,274,600

 

GROSS APPROPRIATION.................................... $     85,765,900

 

    Appropriated from:

 

State general fund/general purpose..................... $     85,765,900

 

   (3) LEGISLATIVE COUNCIL

 

Legislative council.................................... $     10,206,600

 

Legislative service bureau automated data processing...         1,402,300

 

Worker's compensation..................................           133,000

 

National association dues..............................           148,900


 

Legislative corrections ombudsman......................         1,250,000

 

Sentencing guidelines commission.......................           500,000

 

GROSS APPROPRIATION.................................... $     13,640,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from department of corrections.....................           500,000

 

   Special revenue funds:

 

Private - gifts and bequests revenues..................           400,000

 

State general fund/general purpose..................... $     12,740,800

 

   (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.................................         7,263,600

 

Farnum building and other properties...................         1,567,900

 

GROSS APPROPRIATION.................................... $     11,384,300

 

    Appropriated from:

 

State general fund/general purpose..................... $     11,384,300

 

 

 

   Sec. 107.  LEGISLATIVE AUDITOR GENERAL

 

   (1) APPROPRIATION SUMMARY

 

GROSS APPROPRIATION.................................... $     15,853,200


 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,801,500

 

ADJUSTED GROSS APPROPRIATION........................... $     14,051,700

 

   Federal revenues:

 

Total federal revenues.................................                 0

 

   Special revenue funds:

 

Total local revenues...................................                 0

 

Total private revenues.................................                 0

 

Total other state restricted revenues..................         1,539,900

 

State general fund/general purpose..................... $     12,511,800

 

   (2) LEGISLATIVE AUDITOR GENERAL

 

Unclassified positions................................. $        313,500

 

Field operations.......................................        15,539,700

 

GROSS APPROPRIATION.................................... $     15,853,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDMB, civil service commission................           107,900

 

IDG from MDLEG, liquor purchase revolving fund.........            11,300

 

IDG from MDOT, comprehensive transportation fund.......            25,200

 

IDG from MDOT, Michigan transportation fund............           204,300

 

IDG from MDOT, state aeronautics fund..................            19,600

 

IDG from MDOT, state trunkline fund....................           474,600

 

IDG, single audit act..................................           958,600

 

   Special revenue funds:

 

Cadillac local development finance authority...........            12,000

 

Clean Michigan initiative implementation bond fund.....            37,500


 

Commercial mobile radio system emergency telephone

 

   fund.................................................            37,500

 

Construction lien fund.................................             7,200

 

Contract audit administration fees.....................            52,700

 

Correctional industries revolving fund.................            31,300

 

Fee adequacy, air quality delegated authority..........             9,400

 

Game and fish protection fund..........................            21,400

 

Legislative retirement system..........................            18,700

 

Marine safety fund.....................................             1,900

 

Michigan economic development corporation..............            41,200

 

Michigan education trust fund..........................            30,000

 

Michigan justice training commission fund..............            28,100

 

Michigan state fair revolving fund.....................            33,000

 

Michigan state housing development authority fees......            22,100

 

Michigan strategic fund................................            87,500

 

Michigan tobacco settlement authority..................            75,000

 

Michigan veterans' trust fund..........................            24,400

 

Motor transport revolving fund.........................             4,700

 

Office services revolving fund.........................             6,800

 

State disbursement unit, office of child support.......            25,000

 

State services fee fund................................           926,900

 

Waterways fund.........................................             5,600

 

State general fund/general purpose..................... $     12,511,800

 

 

 

   Sec. 108.  DEPARTMENT OF MANAGEMENT AND BUDGET

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 7.0


 

   Full-time equated classified positions........ 1,426.0

 

GROSS APPROPRIATION.................................... $    549,590,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................       165,468,000

 

ADJUSTED GROSS APPROPRIATION........................... $    384,122,900

 

   Federal revenues:

 

Total federal revenues.................................        10,669,900

 

   Special revenue funds:

 

Total local revenues...................................         1,992,900

 

Total private revenues.................................           150,000

 

Total other state restricted revenues..................        77,694,100

 

State general fund/general purpose..................... $    293,616,000

 

   (2) MANAGEMENT AND BUDGET SERVICES

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions.......... 677.5

 

Unclassified positions--6.0 FTE positions.............. $        636,500

 

Executive operations--10.5 FTE positions...............         1,502,100

 

Administrative services--56.5 FTE positions............         5,313,500

 

Budget and financial management--163.5 FTE positions...        16,749,300

 

Office of the state employer--23.0 FTE positions.......         2,798,100

 

Design and construction services--40.0 FTE positions...         5,357,400

 

Business support services--88.0 FTE positions..........         8,958,800

 

Building operation services--250.0 FTE positions.......        89,004,600

 

Building occupancy charges, rent, and utilities........         4,262,000

 

Internal audit services................................           989,100

 

Motor vehicle fleet--46.0 FTE positions................        56,920,400


 

GROSS APPROPRIATION.................................... $    192,491,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from building occupancy and parking charges........        91,244,100

 

IDG from department of labor and economic growth.......           100,000

 

IDG from internal audit services.......................         5,870,400

 

IDG from MDCH..........................................           434,300

 

IDG from MDHS..........................................           171,400

 

IDG from MDOT, comprehensive transportation fund.......            49,200

 

IDG from MDOT, state aeronautics fund..................            31,200

 

IDG from MDOT, state trunkline fund....................         1,397,800

 

IDG from motor transport fund..........................        56,920,400

 

IDG from user fees.....................................         5,325,200

 

   Special revenue funds:

 

Game and fish protection fund..........................           225,500

 

Health management funds................................         1,735,600

 

Marine safety fund.....................................            21,300

 

Special revenue, internal service, and pension trust

 

   funds................................................         9,424,700

 

State building authority revenue.......................           620,600

 

State lottery fund.....................................           137,500

 

State services fee fund................................            89,400

 

Waterways fund.........................................            51,800

 

State general fund/general purpose..................... $     18,641,400

 

   (3) STATEWIDE APPROPRIATIONS

 

Professional development fund - AFSCME................. $         25,000

 

Professional development fund - MPE, SEIU, scientific,


 

   and engineering unit.................................           125,000

 

Professional development fund - MPE, SEIU, technical

 

   unit.................................................            50,000

 

Professional development fund - MSC....................           150,000

 

Professional development fund - NERE...................            50,000

 

GROSS APPROPRIATION.................................... $        400,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from employer contributions........................           400,000

 

State general fund/general purpose..................... $              0

 

   (4) SPECIAL PROGRAMS

 

   Full-time equated classified positions.......... 176.0

 

Building occupancy charges - property management

 

   services for executive/legislative building

 

   occupancy............................................ $      1,275,500

 

Retirement services--164.0 FTE positions...............        16,969,100

 

Office of children's ombudsman--12.0 FTE positions.....         1,489,500

 

GROSS APPROPRIATION.................................... $     19,734,100

 

    Appropriated from:

 

   Special revenue funds:

 

Deferred compensation..................................         1,542,400

 

Pension trust funds....................................        15,426,700

 

State general fund/general purpose..................... $      2,765,000

 

   (5) STATE FAIR

 

   Full-time equated unclassified positions.......... 1.0

 

   Full-time equated classified positions............ 9.0

 

Unclassified positions--1.0 FTE positions.............. $        101,000


 

Michigan state fair operations--9.0 FTE positions......         6,415,500

 

Michigan state fair information technology.............            88,800

 

GROSS APPROPRIATION.................................... $       6,605,300

 

    Appropriated from:

 

   Special revenue funds:

 

State exposition and fairgrounds fund..................         6,605,300

 

State general fund/general purpose..................... $              0

 

   (6) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      28,439,100

 

GROSS APPROPRIATION.................................... $     28,439,100

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from building occupancy and parking charges........           651,600

 

IDG from MDOT, comprehensive transportation fund.......             2,100

 

IDG from MDOT, state aeronautics fund..................             1,100

 

IDG from MDOT, state trunkline fund....................            47,500

 

IDG from user fees.....................................           186,800

 

   Special revenue funds:

 

Deferred compensation..................................             2,600

 

Game and fish protection fund..........................             9,800

 

Health management funds................................            41,700

 

Marine safety fund.....................................               900

 

MAIN user charges......................................         4,345,600

 

Pension trust funds....................................         6,679,000

 

Special revenue, internal service, and pension trust

 

   funds................................................         2,635,000

 

State building authority revenue.......................             9,700


 

State lottery fund.....................................             4,600

 

Waterways fund.........................................             2,000

 

State general fund/general purpose..................... $     13,819,100

 

   (7) STATE BUILDING AUTHORITY RENT

 

State building authority rent - state agencies......... $     58,616,700

 

State building authority rent - department of

 

   corrections..........................................        46,867,700

 

State building authority rent - universities...........       106,280,900

 

State building authority rent - community colleges.....        20,056,800

 

GROSS APPROPRIATION.................................... $    231,822,100

 

    Appropriated from:

 

   Special revenue funds:

 

State lottery fund.....................................         1,520,000

 

State general fund/general purpose..................... $    230,302,100

 

   (8) CIVIL SERVICE COMMISSION

 

   Full-time equated classified positions.......... 563.5

 

Agency services--118.5 FTE positions................... $     13,264,400

 

Executive direction--25.0 FTE positions................         7,986,600

 

Employee benefits--31.0 FTE positions..................         5,885,700

 

Audit and compliance--15.0 FTE positions...............         2,044,000

 

Internal audit services................................           121,500

 

Training...............................................         1,300,000

 

Human resources operations--374.0 FTE positions........        35,207,100

 

Information technology services and projects...........         4,289,200

 

GROSS APPROPRIATION.................................... $      70,098,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:


 

IDG, training charges..................................         1,300,000

 

IDG, special funds.....................................         1,334,900

 

   Federal revenues:

 

Federal funds..........................................         6,000,900

 

Federal indirect funds.................................         4,669,000

 

   Special revenue funds:

 

Local funds............................................         1,992,900

 

Private funds..........................................           150,000

 

Freedom of information fees............................             1,100

 

State restricted funds.................................        17,885,200

 

State sponsored group insurance........................         2,650,000

 

State sponsored group insurance, flexible spending

 

   accounts, and COBRA..................................         6,026,100

 

State general fund/general purpose..................... $     28,088,400

 

 

 

   Sec. 109.  DEPARTMENT OF STATE

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........ 1,809.0

 

GROSS APPROPRIATION.................................... $    206,871,900

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        20,000,000

 

ADJUSTED GROSS APPROPRIATION........................... $    186,871,900

 

   Federal revenues:

 

Total federal revenues.................................         1,460,000

 

   Special revenue funds:


 

Total local revenues...................................                 0

 

Total private revenues.................................               100

 

Total other state restricted revenues..................       158,523,800

 

State general fund/general purpose..................... $     26,888,000

 

   (2) EXECUTIVE DIRECTION

 

   Full-time equated unclassified positions.......... 6.0

 

   Full-time equated classified positions........... 30.0

 

Secretary of state..................................... $        124,900

 

Unclassified positions--5.0 FTE positions..............           459,200

 

Operations--30.0 FTE positions.........................         2,972,800

 

GROSS APPROPRIATION.................................... $      3,556,900

 

    Appropriated from:

 

   Special revenue funds:

 

Auto repair facilities fees............................            60,500

 

Driver fees............................................           137,600

 

Expedient service fees.................................            57,100

 

Parking ticket court fines.............................             8,300

 

Personal identification card fees......................            13,400

 

Reinstatement fees - operator licenses.................           146,600

 

Transportation administration collection fund..........         2,069,100

 

Vehicle theft prevention fees..........................            35,600

 

State general fund/general purpose..................... $      1,028,700

 

   (3) DEPARTMENT SERVICES

 

   Full-time equated classified positions.......... 157.0

 

Operations--150.0 FTE positions........................ $     23,518,000

 

Assigned claims assessments--7.0 FTE positions.........           893,700

 

GROSS APPROPRIATION.................................... $     24,411,700


 

    Appropriated from:

 

   Federal revenues:

 

   Special revenue funds:

 

Abandoned vehicle fees.................................           468,600

 

Assigned claims assessments............................           893,700

 

Auto repair facilities fees............................           415,000

 

Child support clearance fees...........................            34,300

 

Driver fees............................................           430,100

 

Expedient service fees.................................           253,600

 

Marine safety fund.....................................            76,200

 

Off-road vehicle title fees............................             7,800

 

Parking ticket court fines.............................            52,700

 

Personal identification card fees......................            84,800

 

Reinstatement fees - operator licenses.................           549,200

 

Scrap tire fund........................................            70,000

 

Snowmobile registration fee revenue....................            18,100

 

Transportation administration collection fund..........        19,138,400

 

Vehicle theft prevention fees..........................           243,400

 

State general fund/general purpose..................... $      1,675,800

 

   (4) REGULATORY SERVICES

 

   Full-time equated classified positions.......... 211.0

 

Operations--209.0 FTE positions........................ $     21,903,900

 

County clerk education and training....................           100,000

 

Motorcycle safety education administration--2.0 FTE

 

   positions............................................           362,400

 

Motorcycle safety education grants.....................         1,430,000

 

Internal audit services................................           148,600


 

GROSS APPROPRIATION.................................... $     23,944,900

 

    Appropriated from:

 

   Special revenue funds:

 

Auto repair facilities fees............................         4,144,800

 

Driver education provider and instructor fund..........            72,900

 

Driver fees............................................         1,988,500

 

Expedient service fees.................................            34,500

 

Motorcycle safety fund.................................         1,792,400

 

Notary education and training fund.....................           100,000

 

Notary fee fund........................................           314,000

 

Parking ticket court fines.............................            20,700

 

Personal identification card fees......................            49,500

 

Reinstatement fees - operator licenses.................         1,771,200

 

Transportation administration collection fund..........        11,024,300

 

Vehicle theft prevention fees..........................         1,330,900

 

State general fund/general purpose..................... $      1,301,200

 

   (5) CUSTOMER DELIVERY SERVICES

 

   Full-time equated classified positions........ 1,375.0

 

Branch operations--931.0 FTE positions................. $     72,235,300

 

Central operations--417.0 FTE positions................        38,400,100

 

Commemorative license plates--24.0 FTE positions.......         2,147,300

 

Specialty license plates--3.0 FTE positions............         1,922,000

 

Olympic center plate...................................            75,700

 

Organ donor program....................................           104,100

 

GROSS APPROPRIATION.................................... $    114,884,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:


 

IDG from MDOT, Michigan transportation fund............        20,000,000

 

   Federal revenues:

 

Federal funds..........................................         1,460,000

 

   Special revenue funds:

 

Private funds..........................................               100

 

Abandoned vehicle fees.................................           197,600

 

Auto repair facilities fees............................            93,100

 

Child support clearance fees...........................           295,500

 

Driver fees............................................        15,771,700

 

Expedient service fees.................................         2,423,800

 

Marine safety fund.....................................         1,188,700

 

Michigan state police auto theft fund..................           118,900

 

Mobile home commission fees............................           476,000

 

Off-road vehicle title fees............................           127,500

 

Parking ticket court fines.............................         1,490,500

 

Personal identification card fees......................         1,585,400

 

Reinstatement fees - operator licenses.................         1,188,300

 

Snowmobile registration fee revenue....................           348,100

 

Transportation administration collection fund..........       57,848,200

 

Vehicle theft prevention fees..........................           209,500

 

State general fund/general purpose..................... $     10,061,600

 

   (6) ELECTION REGULATION

 

   Full-time equated classified positions........... 36.0

 

Election administration and services--36.0 FTE

 

   positions............................................ $      4,798,400

 

Fees to local units....................................           109,800

 

GROSS APPROPRIATION.................................... $      4,908,200


 

    Appropriated from:

 

State general fund/general purpose..................... $      4,908,200

 

   (7) DEPARTMENTWIDE APPROPRIATIONS

 

Building occupancy charges/rent........................ $     10,242,700

 

Worker's compensation..................................           382,000

 

GROSS APPROPRIATION.................................... $     10,624,700

 

    Appropriated from:

 

   Special revenue funds:

 

Auto repair facilities fees............................           137,700

 

Driver fees............................................           454,600

 

Expedient service fees.................................            26,300

 

Parking ticket court fines.............................           455,100

 

Transportation administration collection fund..........         5,978,200

 

State general fund/general purpose..................... $      3,572,800

 

   (8) INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      24,541,000

 

GROSS APPROPRIATION.................................... $     24,541,000

 

    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............................................         1,348,900

 

Expedient service fees.................................           960,800

 

Parking ticket court fines.............................            82,600

 

Personal identification card fees......................           882,400

 

Reinstatement fees - operator licenses.................           472,500


 

Transportation administration collection fund..........        16,076,700

 

Vehicle theft prevention fees..........................           170,800

 

State general fund/general purpose..................... $      4,339,700

 

 

 

   Sec. 110.  DEPARTMENT OF TREASURY

 

   (1) APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions.......... 9.0

 

   Full-time equated classified positions........ 1,829.5

 

GROSS APPROPRIATION.................................... $  1,733,292,700

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        10,894,600

 

ADJUSTED GROSS APPROPRIATION........................... $  1,722,398,100

 

   Federal revenues:

 

Total federal revenues.................................        92,307,700

 

   Special revenue funds:

 

Total local revenues...................................         1,105,100

 

Total private revenues.................................           715,600

 

Total other state restricted revenues..................     1,465,039,100

 

State general fund/general purpose..................... $    163,230,600

 

   (2) EXECUTIVE DIRECTION

 

   Full-time equated unclassified positions.......... 9.0

 

   Full-time equated classified positions............ 5.0

 

Unclassified positions--9.0 FTE positions.............. $        829,600

 

Office of the director--5.0 FTE positions..............           819,300

 

GROSS APPROPRIATION.................................... $      1,648,900

 

    Appropriated from:


 

   Special revenue funds:

 

State lottery fund.....................................           185,300

 

State services fee fund................................           210,500

 

State general fund/general purpose..................... $      1,253,100

 

   (3) DEPARTMENTWIDE APPROPRIATIONS

 

Travel................................................. $      1,415,900

 

Rent and building occupancy charges - property

 

   management services..................................         5,233,300

 

Worker's compensation insurance premium................           287,000

 

GROSS APPROPRIATION.................................... $      6,936,200

 

    Appropriated from:

 

   Special revenue funds:

 

Delinquent tax collection revenue......................         3,559,900

 

State general fund/general purpose..................... $      3,376,300

 

   (4) LOCAL GOVERNMENT PROGRAMS

 

   Full-time equated classified positions........... 81.0

 

Supervision of the general property tax law--54.0 FTE

 

   positions............................................ $     10,969,200

 

Property tax assessor training--4.0 FTE positions......           424,100

 

Local finance--23.0 FTE positions......................         2,444,300

 

Blackstone settlement..................................         2,000,000

 

GROSS APPROPRIATION.................................... $     15,837,600

 

    Appropriated from:

 

   Special revenue funds:

 

Local - assessor training fees.........................           424,100

 

Local - audit charges..................................           591,000

 

Local - equalization study charge-backs................            40,000


 

Local - revenue from local government..................            50,000

 

Land reutilization fund................................         3,985,800

 

Municipal finance fees.................................           480,200

 

State education tax collections........................            50,000

 

Delinquent tax collection revenue......................           400,200

 

State general fund/general purpose..................... $      9,816,300

 

   (5) TAX PROGRAMS

 

   Full-time equated classified positions.......... 756.0

 

Customer contact--137.0 FTE positions.................. $     11,508,700

 

Tax compliance--318.0 FTE positions....................        32,303,500

 

Tax and economic policy--78.0 FTE positions............         8,377,600

 

Tax processing--151.0 FTE positions....................        13,928,000

 

Revenue enhancement program--34.0 FTE positions........         4,808,700

 

Home heating assistance................................         2,559,800

 

Bottle bill implementation.............................           250,000

 

Tobacco tax collection--10.0 FTE positions.............           349,700

 

Michigan business tax implementation--28.0 FTE

 

   positions............................................        11,813,800

 

GROSS APPROPRIATION.................................... $     85,899,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG, data/collection services fees.....................            50,900

 

IDG from MDOT, Michigan transportation fund............         6,795,900

 

IDG from MDOT, state aeronautics fund..................            68,000

 

   Federal revenues:

 

HHS-SSA, low-income energy assistance..................         2,559,800

 

   Special revenue funds:


 

Bottle deposit fund....................................           250,000

 

Delinquent tax collection revenue......................        57,242,800

 

Tobacco tax collection and enforcement.................           349,700

 

Tobacco tax revenue....................................           391,000

 

Waterways fund.........................................            79,700

 

State general fund/general purpose..................... $     18,112,000

 

   (6) BANKING AND MANAGEMENT SERVICES

 

   Full-time equated classified positions.......... 334.0

 

Program management--15.0 FTE positions................. $      1,620,300

 

Department services--13.0 FTE positions................         1,198,000

 

Mail operations--28.0 FTE positions....................         1,999,300

 

Unclaimed property--21.0 FTE positions.................         3,501,900

 

Collections--200.0 FTE positions.......................        19,888,800

 

Finance and accounting--17.0 FTE positions.............         1,100,700

 

Receipts processing--40.0 FTE positions................         3,103,600

 

GROSS APPROPRIATION.................................... $     32,412,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG, levy/warrant cost assessment fees.................         1,857,800

 

IDG, state agency collection fees......................           591,200

 

IDG from MDHS, title IV-D..............................           619,800

 

IDG data/collection service fees.......................           206,400

 

   Special revenue funds:

 

Delinquent tax collection revenue......................        19,691,400

 

Escheats revenue.......................................         3,501,900

 

Justice system fund....................................           644,500

 

Garnishment fees.......................................           535,900


 

Treasury fees..........................................            43,100

 

State general fund/general purpose..................... $      4,720,600

 

   (7) FINANCIAL PROGRAMS

 

   Full-time equated classified positions.......... 221.5

 

Investments--80.0 FTE positions........................ $     16,151,300

 

Michigan merit award administration--6.0 FTE positions.         1,453,000

 

Michigan education savings program.....................           800,000

 

Common cash and debt management--22.5 FTE positions....         1,242,000

 

Student financial assistance programs--113.0 FTE

 

   positions............................................        35,742,200

 

GROSS APPROPRIATION.................................... $     55,388,500

 

    Appropriated from:

 

Interdepartmental grant revenues:

 

IDG, fiscal agent service fees.........................           169,400

 

   Federal revenues:

 

DED-OPSE, federal lenders allowance....................        10,460,100

 

DED-OPSE, higher education act of 1965, insured loans..        23,304,100

 

   Special revenue funds:

 

Defined contribution administrative fee revenue........           100,000

 

College work-study.....................................            46,700

 

Michigan merit award trust fund........................         2,679,700

 

Retirement funds.......................................        15,176,100

 

School bond fees.......................................           613,800

 

Treasury fees..........................................         1,038,600

 

State general fund/general purpose..................... $      1,800,000

 

   (8) DEBT SERVICE

 

Water pollution control bond and interest redemption... $      2,323,000


 

Quality of life bond...................................        38,000,000

 

Clean Michigan initiative..............................        26,400,000

 

Great Lakes water quality bond.........................        16,400,000

 

GROSS APPROPRIATION.................................... $     83,123,000

 

    Appropriated from:

 

   Special revenue funds:

 

Refined petroleum fund.................................        15,514,500

 

State general fund/general purpose..................... $     67,608,500

 

   (9) GRANTS

 

Grants to counties in lieu of taxes.................... $          4,900

 

Convention facility development distribution...........        58,850,000

 

Senior citizen cooperative housing tax exemption

 

   program..............................................        17,000,000

 

Commercial mobile radio service payments...............        11,100,000

 

Health and safety fund grants..........................        25,000,000

 

Renaissance zone reimbursement.........................         3,800,100

 

City-university partnership grants.....................           300,000

 

GROSS APPROPRIATION....................................       116,055,000

 

   Appropriated from:

 

   Special revenue funds:

 

Commercial mobile radio service fees...................        11,100,000

 

Convention facility development fund...................        58,850,000

 

Health and safety fund.................................        25,000,000

 

State general fund/general purpose.....................        21,105,000

 

   (10) BUREAU OF STATE LOTTERY

 

   Full-time equated classified positions.......... 171.0

 

Lottery operations--171.0 FTE positions................ $     19,819,400


 

Promotion and advertising..............................        18,622,000

 

Lottery information technology services and projects...         4,550,500

 

Internal audit services................................           132,700

 

GROSS APPROPRIATION.................................... $     43,124,600

 

    Appropriated from:

 

   Special revenue funds:

 

State lottery fund.....................................        43,124,600

 

State general fund/general purpose..................... $              0

 

   (11) CASINO GAMING

 

   Full-time equated classified positions.......... 114.0

 

Michigan gaming control board.......................... $         50,000

 

Casino gaming control administration--114.0 FTE

 

   positions............................................        19,369,500

 

Casino gaming information technology services and

 

   projects.............................................         1,324,000

 

GROSS APPROPRIATION.................................... $     20,743,500

 

    Appropriated from:

 

   Special revenue funds:

 

Casino gambling agreements.............................           451,100

 

State services fee fund................................        20,292,400

 

State general fund/general purpose.....................                 0

 

   (12) MICHIGAN STRATEGIC FUND

 

   Full-time equated classified positions.......... 147.0

 

Administration--22.0 FTE positions..................... $      2,555,100

 

Job creation services--125.0 FTE positions.............        17,069,000

 

Jobs for Michigan investment program - 21st century

 

   jobs fund............................................        75,000,000


 

Michigan promotion program.............................         5,717,500

 

Economic development job training program..............         7,441,000

 

Community development block grants.....................        53,000,000

 

Community development block grant technical assistance

 

   grants...............................................            66,000

 

Energy efficiency grant program........................           600,000

 

Detroit festival of the arts...........................            75,000

 

GROSS APPROPRIATION.................................... $    161,523,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG-MDEQ, air quality fees.............................            80,300

 

   Federal revenues:

 

HUD-CPD, community development block grants............        55,438,800

 

   Special revenue funds:

 

Private - special project advances.....................           715,600

 

Industry support fees..................................             5,200

 

21st century jobs trust fund...........................        75,000,000

 

State general fund/general purpose..................... $     30,283,700

 

   (13) REVENUE SHARING

 

Constitutional state general revenue sharing grants.... $    667,564,000

 

Statutory state general revenue sharing grants.........       421,228,600

 

County revenue sharing payments........................         2,394,500

 

Special grants.........................................           212,000

 

GROSS APPROPRIATION.................................... $  1,091,399,100

 

    Appropriated from:

 

   Special revenue funds:

 

Sales tax..............................................     1,091,187,100


 

State general fund/general purpose..................... $        212,000

 

   (14) INFORMATION TECHNOLOGY

 

Treasury operations information technology services

 

   and projects......................................... $      19,200,300

 

GROSS APPROPRIATION.................................... $     19,200,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDOT, Michigan transportation fund............           454,900

 

   Federal revenues:

 

DED-OPSE, federal lender allowance.....................           544,900

 

   Special revenue funds:

 

Delinquent tax collection revenue......................        12,081,300

 

Michigan merit award trust fund........................           415,900

 

Retirement funds.......................................           660,200

 

Tobacco tax revenue....................................           100,000

 

State general fund/general purpose..................... $      4,943,100

 

 

 

 

 

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 2008-2009 is

 

$2,374,909,600.00 and state spending from state resources to be

 

paid to local units of government for fiscal year 2008-2009 is

 

$1,228,461,900.00. 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...............................         1,144,000

 

Subtotal............................................... $      1,253,800

 

DEPARTMENT OF TREASURY

 

Senior citizen cooperative housing tax exemption....... $     17,000,000

 

Grants to counties in lieu of taxes....................             5,000

 

Health and safety fund grants..........................        25,000,000

 

Constitutional state general revenue sharing grants....       667,564,000

 

Statutory state general revenue sharing grants.........       421,228,600

 

Convention facility development fund distribution......        58,850,000

 

Commercial mobile radio service payments...............        10,100,000

 

Renaissance zone reimbursements........................         3,800,000

 

Special grants.........................................           212,000

 

County revenue sharing payment.........................         2,394,500

 

Airport parking distribution pursuant to section 909...        18,654,000

 

Economic development job training grants...............         1,800,000

 

Energy efficiency grants...............................           600,000

 

Subtotal............................................... $   1,227,208,100

 

TOTAL GENERAL GOVERNMENT............................... $   1,228,461,900

 

     (2) Pursuant to section 30 of article IX of the state

 

constitution of 1963, total state spending from state sources for

 

fiscal year 2008-2009 is estimated at $28,760,438,000.00 in the

 

2008-2009 appropriations acts and total state spending from state

 

sources paid to local units of government for fiscal year 2008-2009


 

is estimated at $16,262,672,800.00. The state-local proportion is

 

estimated at 56.5% of total state spending from state resources.

 

     (3) If payments to local units of government and state

 

spending from state sources for fiscal year 2008-2009 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

 

2008-2009 to the senate and house of representatives standing

 

committees on appropriations within 30 days after the final book-

 

closing for fiscal year 2008-2009.

 

     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) "CDBG" means community development block grants.

 

     (c) "COBRA" means the consolidated omnibus budget

 

reconciliation act of 1985, Public Law 99-272, 100 Stat. 82.

 

     (d) "CPI" means consumer price index.

 

     (e) "DAG" means the United States department of agriculture.

 

     (f) "DED-OPSE" means the United States department of

 

education, office of postsecondary education.

 

     (g) "DOL-ETA" means the United States department of labor,

 

employment and training administration.

 

     (h) "DOL-OSHA" means the United States department of labor,

 

occupational safety and health administration.


 

     (i) "EEOC" means the United States equal employment

 

opportunity commission.

 

     (j) "EPA" means the United States environmental protection

 

agency.

 

     (k) "FTE" means full-time equated.

 

     (l) "Fund" means the Michigan strategic fund.

 

     (m) "GF/GP" means general fund/general purpose.

 

     (n) "HHS" means the United States department of health and

 

human services.

 

     (o) "HHS-OS" means the HHS office of the secretary.

 

     (p) "HHS-SSA" means the HHS social security administration.

 

     (q) "HUD" means the United States department of housing and

 

urban development.

 

     (r) "HUD-CPD" means the United States department of housing

 

and urban development – community planning and development.

 

     (s) "IDG" means interdepartmental grant.

 

     (t) "JCOS" means the joint capital outlay subcommittee.

 

     (u) "MAIN" means the Michigan administrative information

 

network.

 

     (v) "MCL" means the Michigan Compiled Laws.

 

     (w) "MDCH" means the Michigan department of community health.

 

     (x) "MDEQ" means the Michigan department of environmental

 

quality.

 

     (y) "MDHS" means the Michigan department of human services.

 

     (z) "MDLEG" means the Michigan department of labor and

 

economic growth.

 

     (aa) "MDMB" means the Michigan department of management and


 

budget.

 

     (bb) "MDOT" means the Michigan department of transportation.

 

     (cc) "MDSP" means the Michigan department of state police.

 

     (dd) "MEDC" means the Michigan economic development

 

corporation, which is the public body corporate created under

 

section 28 of article VII of the state constitution of 1963 and the

 

urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to

 

124.512, by contractual interlocal agreement effective April 5,

 

1999, between local participating economic development corporations

 

formed under the economic development corporations act, 1974 PA

 

338, MCL 125.1601 to 125.1636, and the Michigan strategic fund.

 

     (ee) "MPE" means the Michigan public employees.

 

     (ff) "MSC" means managerial, supervisory and confidential.

 

     (gg) "NERE" means nonexclusively represented employees.

 

     (hh) "PA" means public act.

 

     (ii) "PACC" means the prosecuting attorneys coordinating

 

council.

 

     (jj) "SEIU" means service employees international union.

 

     Sec. 204. The civil service commission shall bill departments

 

and agencies at the end of the first fiscal quarter for the 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

 

freeze approved during the previous quarter and the reasons to

 

justify the exception.

 

     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 the countercyclical budget and economic

 

stabilization fund, there is appropriated into the countercyclical

 

budget and economic stabilization fund the sum of $0.00. The

 

calculation required by section 352 of the management and budget

 

act, 1984 PA 431, MCL 18.1352, is determined as follows:

 

                                                2007       2008

 

Michigan personal income (millions).......    $352,672   $357,256

 

    less: transfer payments..............      58,276     61,656

 

    Subtotal.............................    $294,396   $295,600

 

Divided by: Detroit CPI for 12 months

 

    ending June 30.......................       1.984      2.032


 

Equals: Real adjusted Michigan personal

 

    income...............................    $148,385   $145,500

 

Percentage change ........................                 -1.9%

 

Percentage change in excess of 2% ........                  0.0%

 

Multiplied by: estimated GF/GP revenue in

 

    FY 2007-2008 (millions)..............               9,246.5

 

Equals: countercyclical budget and

 

    economic stabilization fund calculation

 

    for the fiscal year ending September 30,

 

    2009.................................                  $0.0

 

     Sec. 213. Funds appropriated in part 1 shall not be used by

 

this state, a department, an agency, or an authority of this state

 

to purchase an ownership interest in a casino enterprise or a

 

gambling operation as those terms are defined in the Michigan

 

gaming control and revenue act, the Initiated Law of 1996, MCL

 

432.201 to 432.226.

 

     Sec. 214. From the funds appropriated in part 1 for

 

information technology, departments and agencies shall pay user

 

fees to the department of information technology for technology-

 

related services and projects. Such user fees shall be subject to

 

provisions of an interagency agreement between the departments and

 

agencies and the department of information technology.

 

     Sec. 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 for the fiscal year ending September 30,


 

2008 shall be limited to situations in which 1 or more of the

 

following conditions apply:

 

     (a) The travel is required by legal mandate or court order or

 

for law enforcement purposes.

 

     (b) The travel is necessary to protect the health or safety of

 

Michigan citizens or visitors or to assist other states in similar

 

circumstances.

 

     (c) The travel is necessary to produce budgetary savings or to

 

increase state revenues, including protecting existing federal

 

funds or securing additional federal funds.

 

     (d) The travel is necessary to comply with federal

 

requirements.

 

     (e) The travel is necessary to secure specialized training for

 

staff that is not available within this state.

 

     (f) The travel is financed entirely by federal or nonstate

 

funds.

 

     (2) If out-of-state travel is necessary but does not meet 1 or

 

more of the conditions in subsection (1), the state budget director

 

may grant an exception to allow the travel. Any exceptions granted

 

by the state budget director shall be reported on a monthly basis

 

to the senate and house of representatives standing committees on

 

appropriations.

 

     (3) Not later than January 1 of each year, each department

 

shall prepare a travel report listing all travel by classified and

 

unclassified employees outside this state in the immediately

 

preceding fiscal year that was funded in whole or in part with

 

funds appropriated in the department's budget. The report shall be


 

submitted to the senate and house of representatives standing

 

committees on appropriations, the senate and house fiscal agencies,

 

and the state budget director. The report shall include the

 

following information:

 

     (a) The name of each person receiving reimbursement for travel

 

outside this state or whose travel costs were paid by this state.

 

     (b) The destination of each travel occurrence.

 

     (c) The dates of each travel occurrence.

 

     (d) A brief statement of the reason for each travel

 

occurrence.

 

     (e) The transportation and related costs of each travel

 

occurrence, including the proportion funded with state general

 

fund/general purpose revenues, the proportion funded with state

 

restricted revenues, the proportion funded with federal revenues,

 

and the proportion funded with other revenues.

 

     (f) A total of all out-of-state travel funded for the

 

immediately preceding fiscal year.

 

     Sec. 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, 2009 on each specific policy change made to implement a public

 

act affecting the department that took effect during the prior

 

calendar year to the house and senate appropriations subcommittees

 

on the budget for the department, the joint committee on

 

administrative rules, and the senate and house fiscal agencies.

 

     (2) Funds appropriated in part 1 shall not be used by 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. 225. Each department and agency receiving an

 

appropriation in part 1 shall implement continuous improvement

 

efficiency mechanisms in its programs. The continuous improvement

 

efficiency mechanisms shall identify changes made in those programs

 

to increase efficiency and reduce expenditures. On March 31, 2009

 

and September 30, 2009, each department shall submit a report to

 

the state budget director, the senate and house appropriations

 

subcommittees on general government, and the senate and house

 

fiscal agencies on the progress made toward increased efficiencies.

 

At a minimum, each report shall include information on the program

 

review process, the type of improvement mechanisms implemented, and

 

actual and projected expenditure savings as a result of the

 

increased efficiencies.

 

     Sec. 226. Funds appropriated in part 1 shall not be used by a

 

principal executive department, state agency, or authority to hire


 

a person to provide legal services that are the responsibility of

 

the attorney general. This prohibition does not apply to legal

 

services for bonding activities and for those activities that the

 

attorney general authorizes.

 

 

 

DEPARTMENT OF ATTORNEY GENERAL

 

     Sec. 301. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $1,500,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this 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. 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. 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, shall be carried forward for expenditure

 

in the following fiscal year up to the maximum authorization of

 

$250,000.00.

 

     Sec. 307a. (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 MCL 14.33 and shall not be available for

 

expenditure or disbursement until appropriated.

 

     (2) Except as may otherwise be 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 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 the state or people of the state of Michigan, 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 Michigan department of

 

environmental quality.

 

     (3) On a quarterly basis, the attorney general shall report to

 

the budget office and the appropriations committees for both the

 

house and senate 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:

 

     (a) The aggregate Michigan consumer recovery.

 

     (b) The value of restitution paid on behalf of the 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 proceeds so 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.

 

     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 $463,000.00 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. 311. The department of attorney general may 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. 312. The department shall not utilize the proceeds of any

 

settlement entered into by the attorney general or on behalf of

 

this state for advertising or public service messages that include

 

a reference to, or the image or voice of, the attorney general,

 

other elected state officer, or candidate for elective office. The

 

funds appropriated under part 1 are appropriated contingent upon

 

the compliance with the requirements of this section by the

 

department.

 

 


 

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.

 

 

 

INFORMATION TECHNOLOGY

 

     Sec. 573. (1) The department of information technology may

 

sell and accept paid advertising for placement on any state website

 

under its jurisdiction. The department shall review and approve the

 

content of each advertisement. The department may refuse to accept

 

advertising from any person or organization or require modification

 

to advertisements based upon criteria determined by the department.

 

Revenue received under this subsection shall be used for operating

 

costs of the department and for future technology enhancements to

 

state of Michigan e-government initiatives. Funds received under

 

this subsection shall be limited to $250,000.00. Any funds in

 

excess of $250,000.00 shall be deposited in the state general fund.

 

     (2) The department of information technology may accept gifts,

 

donations, contributions, bequests, and grants of money from any

 

public or private source to assist with the underwriting or

 

sponsorship of state web pages or services offered on those web

 

pages. A private or public funding source may receive recognition

 

in the web page. The department of information technology may

 

reject any gift, donation, contribution, bequest, or grant.

 

     (3) Funds accepted by the department of information technology

 

under subsection (1) are appropriated and allotted when received


 

and may be expended upon approval of the state budget director. The

 

state budget office shall notify the senate and house of

 

representatives standing committees on appropriations subcommittees

 

on general government and the senate and house fiscal agencies

 

within 10 days after the approval is given.

 

     (4) By April 1, the department of information technology shall

 

report to the senate and house of representatives standing

 

committees on appropriations and the senate and house fiscal

 

agencies that a statement of the total revenue received from the

 

sale of paid advertising accepted under this section and a

 

statement of the total number of advertising transactions are

 

available on the department's website.

 

     Sec. 574. The department of information technology may enter

 

into agreements to supply spatial information and technical

 

services to other principal executive departments, state agencies,

 

local units of government, and other organizations. The department

 

of information technology may receive and expend funds in addition

 

to those authorized in part 1 for providing information and

 

technical services, publications, maps, and other products. The

 

department of information technology may expend amounts received

 

for salaries, supplies, and equipment necessary to provide

 

informational products and technical services. 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. 575. The legislature shall have access to all historical


 

and current data contained within MAIN pertaining to state

 

departments. State departments shall have access to all historical

 

and current data contained within MAIN.

 

     Sec. 576. When used in this act, "information technology

 

services" means services involving all aspects of managing and

 

processing information including, but not limited to, all of the

 

following:

 

     (a) Application development and maintenance.

 

     (b) Desktop computer support and management.

 

     (c) Mainframe computer support and management.

 

     (d) Server support and management.

 

     (e) Local area network support and management.

 

     (f) Information technology contract, project, and procurement

 

management.

 

     (g) Information technology planning and budget management.

 

     (h) Telecommunication services, security, infrastructure, and

 

support.

 

     (i) Software and software licensing.

 

     Sec. 577. (1) Funds appropriated in part 1 for the Michigan

 

public safety communications system shall be expended upon approval

 

of an expenditure plan by the state budget director.

 

     (2) The department of information technology shall assess all

 

subscribers of the Michigan public safety communications system

 

reasonable access and maintenance fees.

 

     (3) All money received by the department of information

 

technology under this section shall be expended for the support and

 

maintenance of the Michigan public safety communications system.


 

     (4) The department of information technology shall provide a

 

report to the senate and house of representatives standing

 

committees on appropriations, the senate and house fiscal agencies,

 

and the state budget director on April 15 and on October 15,

 

indicating the amount of revenue collected under this section and

 

expended for support and maintenance of the Michigan public safety

 

communications system for the immediately preceding 6-month period.

 

Any deposits made under this section and unencumbered funds are

 

restricted revenues and may be carried forward into succeeding

 

fiscal years.

 

     Sec. 578. The department of information technology 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. 579. The department of information technology 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. 580. (1) From the funds appropriated in part 1 to general

 

services, for the department of state, there is appropriated

 

$4,550,000.00 for the business application modernization project.

 

Funds shall only be used for the development, implementation, and

 

maintenance of the business application modernization project.

 

     (2) The unexpended funds appropriated in part 1 for the

 

business application modernization project are designated as work

 

project appropriations and shall not lapse at the end of the fiscal

 

year. Any unencumbered or unallotted funds shall be carried over

 

into the succeeding fiscal year and shall continue to be available

 

for expenditure until the project has been completed. The total

 

cost is estimated at $30,000,000.00, and the tentative completion

 

date is September 30, 2010.

 

     Sec. 581. From the funds appropriated in part 1, the

 

department of information technology shall assess the state's

 

information technology assets, including hardware, software, and

 

networks to determine any benefits and economies that can be

 

achieved through, but not limited to, hardware and software

 

consolidation and standardization, process improvements, project

 

management improvements, and increased standards-based information

 

sharing between agencies.

 

     Sec. 582. The department shall provide a report by December 1

 

of each fiscal year to the senate and house of representatives

 

standing committees on appropriations and the senate and house

 

fiscal agencies detailing the improvements made to Michigan.gov.


 

     Sec. 585. 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. 586. (1) The state budget director, upon notification to

 

the house and senate appropriations committees, may adjust spending

 

authorization and user fees in the department of information

 

technology budget in order to ensure that the appropriations for

 

information technology in the department budget equal the

 

appropriations for information technology in the budgets for all

 

executive branch agencies.

 

     (2) If during the course of the fiscal year a transfer or

 

supplemental to or from the information technology line item within

 

an agency budget is made under section 393 of the management and

 

budget act, 1984 PA 431, MCL 18.1393, there is appropriated an

 

equal amount of user fees in the department of information

 

technology budget to accommodate an increase or decrease in

 

spending authorization.


 

 

 

LEGISLATURE

 

     Sec. 600. The senate, the house of representatives, or an

 

agency within the legislative branch may receive, expend, and

 

transfer funds in addition to those authorized in part 1.

 

     Sec. 601. (1) Funds appropriated in part 1 to an entity within

 

the legislative branch shall not be expended or transferred to

 

another account without written approval of the authorized agent of

 

the legislative entity. If the authorized agent of the legislative

 

entity notifies the state budget director of its approval of an

 

expenditure or transfer before the year-end book-closing date for

 

that legislative entity, the state budget director shall

 

immediately make the expenditure or transfer. The authorized

 

legislative entity agency shall be designated by the speaker of the

 

house of representatives for house entities, the senate majority

 

leader for senate entities, and the legislative council for

 

legislative council entities.

 

     (2) Funds appropriated within the legislative branch, to a

 

legislative council component, shall not be expended by any agency

 

or other subgroup included in that component without the approval

 

of the legislative council.

 

     Sec. 602. The senate may charge rent and assess charges for

 

utility costs. The amounts received for rent charges and utility

 

assessments are appropriated to the senate for the renovation,

 

operation, and maintenance of the Farnum building and other

 

properties.

 

     Sec. 603. The appropriation contained in part 1 for national


 

association dues is to be distributed by the legislative council.

 

From the funding appropriated, $51,000.00 shall be paid as annual

 

dues to the national conference of commissioners on uniform state

 

laws.

 

     Sec. 604. (1) The appropriation in part 1 to the legislative

 

council includes funds to operate the legislative parking

 

facilities in the capitol area. The legislative council shall

 

establish rules regarding the operation of the legislative parking

 

facilities.

 

     (2) The legislative council shall collect a fee from state

 

employees and the general public using certain legislative parking

 

facilities. The revenues received from the parking fees shall be

 

allocated by the legislative council.

 

     Sec. 605. The appropriation in part 1 to the legislative

 

council for publication of the Michigan manual is a work project

 

account. The unexpended portion remaining on September 30 shall not

 

lapse and shall be carried forward into the subsequent fiscal year

 

for use in paying the associated biennial costs of publication of

 

the Michigan manual.

 

     Sec. 606. The appropriations in part 1 to the legislative

 

branch, for property management, shall be used to purchase

 

equipment and services for building maintenance in order to ensure

 

a safe and productive work environment. These funds are designated

 

as work project appropriations and shall not lapse at the end of

 

the fiscal year, and shall continue to be available for expenditure

 

until the project has been completed. The total cost is estimated

 

at $500,000.00, and the tentative completion date is September 30,


 

2011.

 

     Sec. 607. The appropriations in part 1 to the legislative

 

branch, for automated data processing, shall be used to purchase

 

equipment, software, and services in order to support and implement

 

data processing requirements and technology improvements. These

 

funds are designated as work project appropriations and shall not

 

lapse at the end of the fiscal year, and shall continue to be

 

available for expenditure until the project has been completed. The

 

total cost is estimated at $500,000.00, and the tentative

 

completion date is September 30, 2011.

 

     Sec. 608. In addition to funds appropriated in part 1, the

 

Michigan capitol committee publications save the flags fund account

 

may accept contributions, gifts, bequests, devises, grants, and

 

donations. Those funds that are not expended in the fiscal year

 

ending September 30 shall not lapse at the close of the fiscal

 

year, and shall be carried forward for expenditure in the following

 

fiscal years.

 

     Sec. 610. The funds appropriated in part 1 shall not be used

 

to pay for health insurance benefits for unmarried domestic

 

partners of legislators or legislative employees.

 

 

 

LEGISLATIVE AUDITOR GENERAL

 

     Sec. 620. Pursuant to section 53 of article IV of the state

 

constitution of 1963, the auditor general shall conduct audits of

 

the judicial branch. The audits may include the supreme court and

 

its administrative units, the court of appeals, and trial courts.

 

     Sec. 621. (1) The auditor general shall take all reasonable


 

steps to ensure that certified minority- and women-owned and

 

operated accounting firms, and accounting firms owned and operated

 

by persons with disabilities participate in the audits of the

 

books, accounts, and financial affairs of each principal executive

 

department, branch, institution, agency, and office of this state.

 

     (2) The auditor general shall strongly encourage firms with

 

which the auditor general contracts to perform audits of the

 

principal executive departments and state agencies to subcontract

 

with certified minority- and women-owned and operated accounting

 

firms, and accounting firms owned and operated by persons with

 

disabilities.

 

     (3) The auditor general shall compile an annual report

 

regarding the number of contracts entered into with certified

 

minority- and women-owned and operated accounting firms, and

 

accounting firms owned and operated by persons with disabilities.

 

The auditor general shall deliver the report to the state budget

 

director and the senate and house of representatives standing

 

committees on appropriations subcommittees on general government by

 

November 1 of each year.

 

     Sec. 622. From the funds appropriated in part 1 to the

 

legislative auditor general, the auditor general's salary and the

 

salaries of the remaining 2.0 FTE unclassified positions shall be

 

set by the speaker of the house of representatives, the senate

 

majority leader, the house of representatives minority leader, and

 

the senate minority leader.

 

     Sec. 623. Any audits, reviews, or investigations requested of

 

the auditor general by the legislature or by legislative


 

leadership, legislative committees, or individual legislators shall

 

include an estimate of the additional costs involved and, when

 

those costs exceed $50,000.00, should provide supplemental funding.

 

The auditor general shall determine whether to perform those

 

activities in keeping with Audit Directive No. 29, which describes

 

the office of the auditor general's policy on responding to

 

legislative requests.

 

 

 

DEPARTMENT OF MANAGEMENT AND BUDGET

 

     Sec. 701. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $2,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this 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 $3,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this 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.


 

     Sec. 702. Proceeds in excess of necessary costs incurred in

 

the conduct of transfers or auctions of state surplus, salvage, or

 

scrap property made pursuant to section 267 of the management and

 

budget act, 1984 PA 431, MCL 18.1267, are appropriated to the

 

department of management and budget to offset costs incurred in the

 

acquisition and distribution of federal surplus property.

 

     Sec. 704. (1) The department of management and budget may

 

receive and expend funds in addition to those authorized by part 1

 

for maintenance and operation services provided specifically to

 

other principal executive departments or state agencies, the

 

legislative branch, the judicial branch, or private tenants, or

 

provided in connection with facilities transferred to the

 

operational jurisdiction of the department of management and

 

budget.

 

     (2) The department of management and budget may receive and

 

expend funds in addition to those authorized by part 1 for real

 

estate, architectural, design, and engineering services provided

 

specifically to other principal executive departments or state

 

agencies, the legislative branch, or the judicial branch.

 

     (3) The department of management and budget may receive and

 

expend funds in addition to those authorized in part 1 for mail

 

pickup and delivery services provided specifically to other

 

principal executive departments and state agencies, the legislative

 

branch, or the judicial branch.

 

     (4) The department of management and budget may receive and

 

expend funds in addition to those authorized in part 1 for

 

purchasing services provided specifically to other principal


 

executive departments and state agencies, the legislative branch,

 

or the judicial branch.

 

     Sec. 705. (1) The source of financing in part 1 for statewide

 

appropriations shall be funded by assessments against longevity and

 

insurance appropriations throughout state government in a manner

 

prescribed by the department of management and budget. Funds shall

 

be used as specified in joint labor/management agreements or

 

through the coordinated compensation hearings process. Any deposits

 

made under this subsection and any unencumbered funds are

 

restricted revenues, may be carried over into the succeeding fiscal

 

years, and are appropriated.

 

     (2) In addition to the funds appropriated in part 1 for

 

statewide appropriations, the department of management and budget

 

may receive and expend funds in such additional amounts as may be

 

specified in joint labor/management agreements or through the

 

coordinated compensation hearings process in the same manner and

 

subject to the same conditions as prescribed in subsection (1).

 

     Sec. 706. To the extent a specific appropriation is required

 

for a detailed source of financing included in part 1 for the

 

department of management and budget appropriations financed from

 

special revenue and internal service and pension trust funds, or

 

MAIN user charges, the specific amounts are appropriated within the

 

special revenue internal service and pension trust funds in

 

portions not to exceed the aggregate amount appropriated in part 1.

 

     Sec. 707. In addition to the funds appropriated in part 1 to

 

the department of management and budget, the department may receive

 

and expend funds from other principal executive departments and


 

state agencies to implement donated annual leave and administrative

 

leave bank transfer provisions as may be specified in joint

 

labor/management agreements. The amounts may also be transferred to

 

other principal executive departments and state agencies under the

 

joint agreement and any amounts transferred under the joint

 

agreement are authorized for receipt and expenditure by the

 

receiving principal executive department or state agency. Any

 

amounts received by the department of management and budget under

 

this section and intended, under the joint labor/management

 

agreements, to be available for use beyond the close of the fiscal

 

year and any unencumbered funds may be carried over into the

 

succeeding fiscal year.

 

     Sec. 708. The source of financing in part 1 for the Michigan

 

administrative information network shall be funded by proportionate

 

charges assessed against the respective state funds benefiting from

 

this project in the amounts determined by the department.

 

     Sec. 709. (1) Deposits against the interdepartmental grant

 

from building occupancy and parking charges appropriated in part 1

 

shall be collected, in part, from state agencies, the legislative

 

branch, and the judicial branch based on estimated costs associated

 

with maintenance and operation of buildings managed by the

 

department of management and budget. To the extent excess revenues

 

are collected due to estimates of building occupancy charges

 

exceeding actual costs, the excess revenues may be carried forward

 

into succeeding fiscal years for the purpose of returning funds to

 

state agencies.

 

     (2) Appropriations in part 1 to the department of management


 

and budget, for management and budget services from building

 

occupancy charges and parking charges, may be increased to return

 

excess revenue collected to state agencies.

 

     Sec. 710. The department of 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 management and budget finalizes the revisions.

 

     Sec. 711. The department of management and budget shall

 

maintain an Internet website that contains notice of all

 

invitations for bids and requests for proposals over $50,000.00

 

issued by the department or by any state agency operating under

 

delegated authority. The department shall not accept an invitation

 

for bid or request for proposal in less than 14 days after the

 

notice is made available on the Internet website, except in

 

situations where it would be in the best interest of the state and

 

documented by the department. In addition to the requirements of

 

this section, the department may advertise the invitations for bids

 

and requests for proposals in any manner the department determines

 

appropriate, in order to give the greatest number of individuals

 

and businesses the opportunity to make bids or requests for

 

proposals.

 

     Sec. 712. The department of management and budget may receive


 

and expend funds from the Vietnam veterans memorial monument fund

 

as provided in the Michigan Vietnam veterans memorial act, 1988 PA

 

234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated

 

when received and may be expended upon receipt.

 

     Sec. 713. The Michigan veterans' memorial park commission may

 

receive and expend money from any source, public or private,

 

including, but not limited to, gifts, grants, donations of money,

 

and government appropriations, for the purposes described in

 

Executive Order No. 2001-10. Funds are appropriated and allocated

 

when received and may be expended upon receipt. Any deposits made

 

under this section and unencumbered funds are restricted revenues

 

and may be carried over into succeeding fiscal years.

 

     Sec. 715. (1) Funds in part 1 for motor vehicle fleet are

 

appropriated to the department of management and budget for

 

administration and for the acquisition, lease, operation,

 

maintenance, repair, replacement, and disposal of state motor

 

vehicles.

 

     (2) The appropriation in part 1 for motor vehicle fleet shall

 

be funded by revenue from rates charged to principal executive

 

departments and agencies for utilizing vehicle travel services

 

provided by the department. Revenue in excess of the amount

 

appropriated in part 1 from the motor transport fund and any

 

unencumbered funds are restricted revenues and may be carried over

 

into the succeeding fiscal year.

 

     (3) It is the intent of the legislature that the department of

 

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 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 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. 716. The department of 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. 716a. (1) From the funds appropriated in part 1 to the

 

department of management and budget business support services line,

 

there is appropriated $800,000.00 for the supplier diversity

 

program. Funding is to be used for up to 8.0 full-time equated

 

positions within the department of management and budget or to

 

contract with 1 or more private companies to implement a supplier

 

diversity program that includes staff training, supplier

 

identification, and supplier marketing intended to increase the

 

number and types of vendors competing for state contracts.

 

     (2) From the funds appropriated in part 1 to the department of

 

management and budget business support services line, the

 

department may expend an additional $200,000.00 for other costs

 

associated with the supplier diversity program.

 

     Sec. 717. 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 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 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 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 management and budget under

 

section 204 of the management and budget act, 1984 PA 431, MCL

 

18.1204.

 

     Sec. 718. The department of 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 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. 719. The department of 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. 720. The source of financing in part 1 for internal audit

 

charges shall fund internal audit services provided by the office

 

of the state budget within the department of management and budget.

 

Internal audit charges shall be funded by assessments against state

 

agencies in a manner prescribed by the department.

 

     Sec. 721. In addition to the funds appropriated in part 1, the

 

department of management and budget may receive and expend money

 

from the Michigan law enforcement officers memorial monument fund

 

as provided in the Michigan law enforcement officers memorial act,

 

2004 PA 177, MCL 28.781 to 28.787.


 

     Sec. 722. In addition to the funds appropriated in part 1, the

 

department of management and budget may receive and expend money

 

from the Ronald Wilson Reagan memorial monument fund as provided in

 

the Ronald Wilson Reagan memorial monument fund commission act,

 

2004 PA 489, MCL 399.261 to 399.266.

 

     Sec. 723. The department shall make available to the public a

 

list of all parcels of real property owned by the state that are

 

available for purchase. The list shall be posted on the Internet

 

through the department's web site.

 

 

 

STATE BUILDING AUTHORITY

 

     Sec. 725. (1) Subject to section 242 of the management and

 

budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the

 

state building authority, the department may expend from the

 

general fund of the state during the fiscal year ending September

 

30, 2009 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, 2009.

 

Any general fund advances for which state building authority bonds

 

have not been issued shall bear an interest cost to the state

 

building authority at a rate not to exceed that earned by the state


 

treasurer's common cash fund during the period in which the

 

advances are outstanding and are repaid to the general fund of the

 

state.

 

     (2) Upon sale of bonds or notes for the projects identified in

 

part 1 or for equipment as authorized by legislative concurrent

 

resolution and in this section, the state building authority shall

 

credit the general fund of the state an amount equal to that

 

expended from the general fund plus interest, if any, as defined in

 

this section.

 

     (3) For state building authority projects for which bonds or

 

notes have been issued and upon the request of the state building

 

authority, the state treasurer shall make advances without interest

 

from the general fund as necessary to meet cash flow requirements

 

for the projects, which advances shall be reimbursed by the state

 

building authority when the investments earmarked for the financing

 

of the projects mature.

 

     (4) In the event that a project identified in part 1 is

 

terminated after final design is complete, advances made on behalf

 

of the state building authority for the costs of final design shall

 

be repaid to the general fund in a manner recommended by the

 

director and approved by the JCOS.

 

     Sec. 726. (1) State building authority funding to finance

 

construction or renovation of a facility that collects revenue in

 

excess of money required for the operation of that facility shall

 

not be released to a university or community college unless the

 

institution agrees to reimburse that excess revenue to the state

 

building authority. The excess revenue shall be credited to the


 

general fund to offset rent obligations associated with the

 

retirement of bonds issued for that facility. The auditor general

 

shall annually identify and present an audit of those facilities

 

that are subject to this section. Costs associated with the

 

administration of the audit shall be charged against money

 

recovered pursuant to this section.

 

     (2) As used in this section, "revenue" includes state

 

appropriations, facility opening money, other state aid, indirect

 

cost reimbursement, and other revenue generated by the activities

 

of the facility.

 

     Sec. 727. (1) The state building authority rent appropriations

 

in part 1 may also be expended for the payment of required premiums

 

for insurance on facilities owned by the state building authority

 

or payment of costs that may be incurred as the result of any

 

deductible provisions in such insurance policies.

 

     (2) If the amount appropriated in part 1 for state building

 

authority rent is not sufficient to pay the rent obligations and

 

insurance premiums and deductibles identified in subsection (1) for

 

state building authority projects, there is appropriated from the

 

general fund of the state the amount necessary to pay such

 

obligations.

 

     Sec. 728. The department of management and budget shall

 

provide the JCOS and the senate and house fiscal agencies a report

 

relative to the status of construction projects associated with

 

state building authority bonds as of September 30 of each year, on

 

or before October 15, or not more than 30 days after a refinancing

 

or restructuring bond issue is sold. The report shall include, but


 

is not limited to, the following:

 

     (a) A list of all completed construction projects for which

 

state building authority bonds have been sold, and which bonds are

 

currently active.

 

     (b) A list of all projects under construction for which sale

 

of state building authority bonds is pending.

 

     (c) A list of all projects authorized for construction or

 

identified in an appropriations act for which approval of

 

schematic/preliminary plans or total authorized cost is pending

 

that have state building authority bonds identified as a source of

 

financing.

 

 

 

CIVIL SERVICE

 

     Sec. 750. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $2,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this 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 $5,000,000.00 for state

 

restricted contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this 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. 751. (1) All restricted funds shall be assessed a sum not

 

less than 1% of the total aggregate payroll paid from those funds

 

for financing the civil service commission on the basis of actual

 

1% restricted sources total aggregate payroll of the classified

 

service for fiscal year 2008 in accordance with section 5 of

 

article XI of the state constitution of 1963. This includes, but is

 

not limited to, restricted funds appropriated in part 1 of any

 

appropriations act. Unexpended 1% appropriated funds shall be

 

returned to each 1% fund source at the end of the fiscal year.

 

     (2) The appropriations in part 1 are estimates of actual

 

charges based on payroll appropriations. With the approval of the

 

state budget director, the commission is authorized to adjust

 

financing sources for civil service charges based on actual payroll

 

expenditures, provided that such adjustments do not increase the

 

total appropriation for the civil service commission.

 

     (3) The financing from restricted sources shall be credited to

 

the civil service commission by the end of the second fiscal


 

quarter.

 

     Sec. 752. Except where specifically appropriated for this

 

purpose, financing from restricted sources shall be credited to the

 

civil service commission. For restricted sources of funding within

 

the general fund that have the legislative authority for carryover,

 

if current spending authorization or revenues are insufficient to

 

accept the charge, the shortage shall be taken from carryforward

 

balances of that funding source. Restricted revenue sources that do

 

not have carryforward authority shall be utilized to satisfy

 

commission operating deducts first and civil service obligations

 

second. General fund dollars are appropriated for any shortfall,

 

pursuant to approval by the state budget director.

 

     Sec. 753. The appropriation in part 1 to the civil service

 

commission, for state-sponsored group insurance, flexible spending

 

accounts, and COBRA, represents amounts, in part, included within

 

the various appropriations throughout state government for the

 

current fiscal year to fund the flexible spending account program

 

included within the civil service commission. Deposits against

 

state-sponsored group insurance, flexible spending accounts, and

 

COBRA for the flexible spending account program shall be made from

 

assessments levied during the current fiscal year in a manner

 

prescribed by the civil service commission. Unspent employee

 

contributions to the flexible spending accounts may be used to

 

offset administrative costs for the flexible spending account

 

program, with any remaining balance of unspent employee

 

contributions to be lapsed to the general fund.

 

 


 

DEPARTMENT OF STATE

 

     Sec. 801. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $2,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this 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. 802. All funds made available by section 3171 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3171, are appropriated


 

and made available to the department of state to be expended only

 

for the uses and purposes for which the funds are received as

 

provided by sections 3171 to 3177 of the insurance code of 1956,

 

1956 PA 218, MCL 500.3171 to 500.3177.

 

     Sec. 803. From the funds appropriated in part 1, the

 

department of state shall sell copies of records including, but not

 

limited to, records of motor vehicles, off-road vehicles,

 

snowmobiles, watercraft, mobile homes, personal identification

 

cardholders, drivers, and boat operators and shall charge $7.00 per

 

record sold only as authorized in section 208b of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222,

 

MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue

 

received from the sale of records shall be credited to the

 

transportation administration collection fund created under section

 

810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.

 

     Sec. 804. From the funds appropriated in part 1, the secretary

 

of state may enter into agreements with the department of

 

corrections for the manufacture of vehicle registration plates 15

 

months before the registration year in which the registration

 

plates will be used.

 

     Sec. 805. (1) 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. 806. Funds collected by the department of state under

 

section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211,

 

are appropriated for all expenses necessary to provide for the

 

costs of the publication. Funds are allotted for expenditure when

 

they are received by the department of treasury and shall not lapse

 

to the general fund at the end of the fiscal year.

 

     Sec. 807. From the funds appropriated in part 1, the

 

department of state shall use available balances at the end of the

 

state fiscal year to provide payment to the department of state

 

police in the amount of $332,000.00 for the services provided by

 

the traffic accident records program as first appropriated in 1990

 

PA 196 and 1990 PA 208.

 

     Sec. 808. From the funds appropriated in part 1, the

 

department of state may restrict funds from miscellaneous revenue

 

to cover cash shortages created from normal branch office

 

operations. This amount shall not exceed $50,000.00 of the total

 

funds available in miscellaneous revenue.

 

     Sec. 809. (1) Commemorative and specialty license plate fee

 

revenue collected by the department of state and deposited into the

 

transportation administration collection fund is authorized for

 

expenditure up to the amount of revenue collected but not to exceed

 

the amount appropriated to the department of state in part 1 to

 

administer commemorative and specialty license plate programs.

 

     (2) Commemorative and specialty license plate fee revenue


 

collected by the department of state and deposited in the

 

transportation administration collection fund, in addition to the

 

amount appropriated in part 1 to the department of state, shall

 

remain in the transportation administration collection fund and be

 

available for future appropriation.

 

     Sec. 810. (1) 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. 811. The department of state may produce and sell copies

 

of a training video designed to inform registered automotive repair

 

facilities of their obligations under Michigan law. The price shall

 

not exceed the cost of production and distribution. The money

 

received from the sale of training videos shall revert to the

 

department of state and be placed in the auto repair facility

 

account.


 

     Sec. 812. (1) The department of state, in collaboration with

 

the gift of life transplantation society or its successor federally

 

designated organ procurement organization, may develop and

 

administer a public information campaign concerning the Michigan

 

organ donor program.

 

     (2) The department may solicit funds from any private or

 

public source to underwrite, in whole or in part, the public

 

information campaign authorized by this section. The department may

 

accept gifts, donations, contributions, and grants of money and

 

other property from private and public sources for this purpose. A

 

private or public funding source underwriting the public

 

information campaign, in whole or in substantial part, shall

 

receive sponsorship credit for its financial backing.

 

     (3) Funds received under this section, including grants from

 

state and federal agencies, shall not lapse to the general fund at

 

the end of the fiscal year but shall remain available for

 

expenditure for the purposes described in this section.

 

     (4) Funding appropriated in part 1 for the organ donor program

 

shall be used for producing a pamphlet to be distributed with

 

driver licenses and personal identification cards regarding organ

 

donations. The funds shall be used to update and print a pamphlet

 

that will explain the organ donor program and encourage people to

 

become donors by marking a checkoff on driver license and personal

 

identification card applications.

 

     (5) The pamphlet shall include a return reply form addressed

 

to the gift of life organization. Funding appropriated in part 1

 

for the organ donor program shall be used to pay for return postage


 

costs.

 

     (6) In addition to the appropriations in part 1, the

 

department of state may receive and expend funds from the organ and

 

tissue donation education fund for administrative expenses.

 

     Sec. 815. 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. 815a. By December 15, the department of state 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 branch

 

office transactions completed online by Michigan residents in the

 

immediately preceding fiscal year.

 

     Sec. 816. (1) Any service assessment collected by the


 

department of state from the user of a credit or debit card under

 

section 3 of 1995 PA 144, MCL 11.23, is appropriated to the

 

department for necessary expenses related to that service and may

 

be remitted to a credit or debit card company, bank, or other

 

financial institution. Funds are allocated for expenditure when

 

they are received by the department of treasury.

 

     (2) The service assessment imposed by the department of state

 

for credit and debit card services may be based either on a

 

percentage of each individual credit or debit card transaction, or

 

on a flat rate per transaction, or both scaled to the amount of the

 

transaction. However, the department shall not charge any amount

 

for a service assessment which exceeds the costs billable to the

 

department for service assessments.

 

     (3) If there is a balance of service assessments received from

 

credit and debit card services remaining on September 30, the

 

balance may be carried forward to the following fiscal year and

 

appropriated for the same purpose.

 

     (4) As used in this section, "service assessment" means and

 

includes costs associated with service fees imposed by credit and

 

debit card companies and processing fees imposed by banks and other

 

financial institutions.

 

     Sec. 818. (1) Funds in part 1 for motorcycle safety education

 

grants and administration 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. 819. (1) From the funds appropriated in part 1 to the

 

department of state for information technology services and

 

projects, there is appropriated $4,550,000.00 for the business

 

application modernization project. Funds shall only be used for the

 

development, implementation, and maintenance of the business

 

application modernization project.

 

     (2) The unexpended funds appropriated in part 1 for the

 

business application modernization project are designated as work

 

project appropriations and shall not lapse at the end of the fiscal

 

year. Any unencumbered or unallotted funds shall be carried over

 

into the succeeding fiscal year and shall continue to be available


 

for expenditure until the project has been completed. The total

 

cost is estimated at $30,000,000.00, and the tentative completion

 

date is September 30, 2010.

 

     Sec. 821. (1) The department of state may accept nonmonetary

 

gifts, donations, or contributions of property from any private or

 

public source to support, in whole or in part, the operation of a

 

departmental function relating to licensing, regulation, or safety.

 

The department may recognize a private or public contributor for

 

making the contribution. The department may reject a gift,

 

donation, or contribution.

 

     (2) The department of state shall not accept a gift, donation,

 

or contribution under subsection (1) if receipt of the gift,

 

donation, or contribution is conditioned upon a commitment of

 

future state funding.

 

     (3) On March 1 of each year, the department of state shall

 

file a report with the senate and house of representatives standing

 

committees on appropriations, the senate and house fiscal agencies,

 

and the state budget director. The report shall list any gift,

 

donation, or contribution received by the department under

 

subsection (1) for the prior calendar year.

 

     Sec. 827. 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.

 

 

 

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

 

22% of the collection or a lesser amount as prescribed by the

 

contract. The appropriation to fund collection costs and fees for

 

the auditing and collection of defaulted student loans due the

 

Michigan guaranty agency is from the fund or account to which the

 

revenues being collected are recorded or dedicated.

 

     (3) The department of treasury shall submit a report for the

 

immediately preceding fiscal year ending September 30 to the state

 

budget director and the senate and house of representatives

 

standing committees on appropriations not later than November 30

 

stating the agencies or law firms employed, the amount of

 

collections for each, the costs of collection, and other pertinent

 

information relating to determining whether this authority should

 

be continued.

 

     Sec. 904. (1) The department of treasury, through its bureau

 

of investments, may charge an investment service fee against the

 

applicable retirement funds. The fees may be expended for necessary

 

salaries, wages, contractual services, supplies, materials,


 

equipment, travel, worker's compensation insurance premiums, and

 

grants to the civil service commission and state employees'

 

retirement funds. Service fees shall not exceed the aggregate

 

amount appropriated in part 1. The department of treasury shall

 

maintain accounting records in sufficient detail to enable the

 

retirement funds to be reimbursed periodically for fee revenue that

 

is determined by the department of treasury to be surplus.

 

     (2) In addition to the funds appropriated in part 1 from the

 

retirement funds to the department of treasury, there is

 

appropriated from retirement funds an amount sufficient to pay for

 

the services of money managers, investment advisors, investment

 

consultants, custodians, and other outside professionals, the state

 

treasurer considers necessary to prudently manage the retirement

 

funds' investment portfolios. The state treasurer shall report

 

annually to the senate and house of representatives standing

 

committees on appropriations and the state budget office concerning

 

the performance of each portfolio by investment advisor.

 

     Sec. 904a. (1) There is appropriated an amount sufficient to

 

recognize and pay expenditures for financial services provided by

 

financial institutions as provided under section 1 of 1861 PA 111,

 

MCL 21.181.

 

     (2) The appropriations under subsection (1) shall be funded by

 

restricting revenues from common cash interest earnings and

 

investment earnings in an amount sufficient to record these

 

expenditures.

 

     Sec. 905. (1) The department of treasury shall provide copies

 

of the state tax manual via the department's web site 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

 

the Initiated Law of 1976, MCL 445.573c, is appropriated.

 

     Sec. 911. (1) There is appropriated an amount sufficient to

 

recognize and pay refundable income tax credits as provided by the

 

management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

 

     (2) The appropriations under subsection (1) shall be funded by

 

restricting income tax revenue in an amount sufficient to record

 

these expenditures.

 

     Sec. 912. A plaintiff in a garnishment action involving this

 

state shall pay to the state treasurer 1 of the following:

 

     (a) A fee of $6.00 at the time a writ of garnishment of

 

periodic payments is served upon the state treasurer, as provided

 

in section 4012 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.4012.

 

     (b) A fee of $6.00 at the time any other writ of garnishment

 

is served upon the state treasurer, except that the fee shall be

 

reduced to $5.00 for each writ of garnishment for individual income

 

tax refunds or credits filed by magnetic media.

 

     Sec. 913. (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 2007. 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, 2008 shall revert to the general

 

fund.

 

     Sec. 916. The department of treasury may make available to

 

interested entities otherwise unavailable customized unclaimed

 

property listings of nonconfidential information in its possession.

 

The charge for this information is as follows: 1 to 100,000 records

 

at 2.5 cents per record and 100,001 or more records at .5 cents per

 

record. The revenue received from this service shall be deposited

 

to the appropriate revenue account or fund. The department shall

 

submit an annual report on or before June 1 to the state budget


 

director and the senate and house of representatives standing

 

committees on appropriations that states the amount of revenue

 

received from the sale of information.

 

     Sec. 917. (1) There is appropriated for write-offs and

 

advances an amount equal to total write-offs and advances for

 

departmental programs, but not to exceed current year

 

authorizations that would otherwise lapse to the general fund.

 

     (2) The department of treasury shall submit a report for the

 

immediately preceding fiscal year to the state budget director and

 

the senate and house fiscal agencies not later than November 30,

 

stating the amounts appropriated for write-offs and advances under

 

subsection (1).

 

     Sec. 918. In addition to funds appropriated in part 1, the

 

department of treasury may receive and expend funds for conducting

 

tax orientation workshops and seminars. Funds received may not

 

exceed costs incurred in conducting the workshops and seminars.

 

     Sec. 919. (1) From funds appropriated in part 1, the

 

department of treasury may contract with private auditing firms to

 

audit for and collect unclaimed property due this state in

 

accordance with the Michigan uniform unclaimed property act. In

 

addition to the amounts appropriated in part 1 to the department of

 

treasury, there are appropriated amounts necessary to fund auditing

 

and collection costs and fees not to exceed 12% of the collections,

 

or a lesser amount as prescribed by the contract. The appropriation

 

to fund collection costs and fees for the auditing and collection

 

of unclaimed property due this state is from the fund or account to

 

which the revenues being collected are recorded or dedicated.


 

     (2) The department of treasury shall submit a report for the

 

immediately preceding fiscal year ending September 30 to the state

 

budget director and the senate and house of representatives

 

standing committees on appropriations not later than November 30

 

stating the auditing firms employed, the amount of collections for

 

each, the costs of collection, and other pertinent information

 

relating to determining whether this authority should be continued.

 

     Sec. 920. Payments from the appropriation in part 1 to the

 

department of treasury for grants to counties in lieu of taxes for

 

lands transferred to the federal government include a payment for

 

Sleeping Bear Dunes national lakeshore under 1974 PA 359, MCL 3.901

 

to 3.910.

 

     Sec. 921. The state general fund/general purpose appropriation

 

in part 1 for renaissance zone reimbursement is allocated to

 

reimburse public libraries as provided by section 12 of the

 

Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for

 

property taxes levied in 2008. 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. 923. (1) From the funds appropriated in part 1 to the

 

department of treasury for the city-university partnership plan,

 

$300,000.00 shall be allocated to the Michigan State University,

 

center for community and economic development to create and

 

administer a partnership with Michigan's urban core mayors in

 

collaboration with Wayne State University and the University of

 

Michigan.

 

     (2) The funds appropriated in part 1 for the city-university

 

partnership plan shall be used for the following activities:

 

     (a) The analysis of existing, proposed, or potential public

 

policy initiatives that impact the vitality of Michigan's urban

 

core cities.

 

     (b) The collection and dissemination of information regarding

 

effective local responses to common problems confronting urban core

 

cities.

 

     (c) Student practicum projects on specific urban policy summit

 

meetings involving local governmental officials, state policy

 

makers, and university-based scholars to review key policy issues

 

affecting the social and economic development of Michigan's core

 

communities.

 

     (d) To facilitate communication among mayors of urban core

 

cities, their staff, and university scholars in order to identify

 

priority issues, mobilize scholarly activities, and disseminate

 

empirical findings.


 

     Sec. 924. (1) In addition to the funds appropriated in part 1,

 

the department of treasury may receive and expend principal

 

residence audit fund revenue for administration of principal

 

residence audits under the general property tax act, 1893 PA 206,

 

MCL 211.1 to 211.155.

 

     (2) The department of treasury shall submit a report for the

 

immediately preceding fiscal year to the state budget director and

 

the senate and house fiscal agencies not later than December 31,

 

stating the amount of revenue appropriated for principal residence

 

audits under subsection (1).

 

     Sec. 928. The department of treasury may provide receipt,

 

warrant and cash processing, data, collection, investment, fiscal

 

agent, levy and warrant cost assessment, writ of garnishment, and

 

other user services on a contractual basis for other principal

 

executive departments and state agencies. Funds for the services

 

provided are appropriated and shall be expended for salaries and

 

wages, fees, supplies, and equipment necessary to provide the

 

services. Any unobligated balance of the funds received shall

 

revert to the general fund of this state as of September 30.

 

     Sec. 929. The department of treasury may enter into agreements

 

to supply data or collection services to other executive principal

 

departments or state agencies, the United States department of

 

treasury, or local units of government within this state. The

 

department of treasury shall charge for this tax data service and

 

amounts received are appropriated and shall be expended for

 

salaries and wages, fees, supplies, and equipment necessary to

 

provide the service. Any unobligated balance of the fund shall


 

revert to the general fund of this state as of September 30.

 

     Sec. 930. (1) The department of treasury shall provide

 

accounts receivable collections services to other principal

 

executive departments and state agencies under 1927 PA 375, MCL

 

14.131 to 14.134. The department of treasury shall deduct a fee

 

equal to the cost of collections from all receipts except

 

unrestricted general fund collections. Fees shall be credited to a

 

restricted revenue account and appropriated to the department of

 

treasury to pay for the cost of collections. The department of

 

treasury shall maintain accounting records in sufficient detail to

 

enable the respective accounts to be reimbursed periodically for

 

fees deducted that are determined by the department of treasury to

 

be surplus to the actual cost of collections.

 

     (2) The department of treasury shall submit a report for the

 

immediately preceding fiscal year to the state budget director and

 

the senate and house fiscal agencies not later than November 30,

 

stating the principal executive departments and state agencies

 

served, funds collected, and costs of collection under subsection

 

(1).

 

     Sec. 930a. The department shall select a private collection

 

agency to perform secondary collection activities in an effort to

 

benchmark primary agency performance for all individual tax,

 

discontinued business tax, and state agency accounts, and all

 

active business tax accounts older than 36 months. Consistent with

 

sound collection practices and to maximize the effectiveness of

 

those collection activities, the department shall not select a

 

collection agency, or related entity, that has already attempted to


 

collect the debt in question. The department shall report its

 

progress on second placement collection activities on a quarterly

 

basis during the fiscal year.

 

     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. 933. (1) The $800,000.00 appropriated in part 1 for the

 

Michigan education savings program is from the Michigan merit award

 

trust fund to fund an incentive program for the Michigan education

 

savings program created under the Michigan education savings

 

program act, 2000 PA 161, MCL 390.1471 to 390.1486.

 

     (2) The funds appropriated for the Michigan education savings

 

program shall be used to provide a state match to dollars invested

 

on behalf of each child named as a designated beneficiary in the

 

Michigan education savings program who is 6 years of age or less,

 

who is a Michigan resident, and whose family's income is $80,000.00

 

or less.

 

     (3) During the current fiscal year, the state shall provide

 

$1.00 of matching funds for each $3.00 of individual contributions

 

to the educational savings accounts. The maximum state match for

 

each designated beneficiary shall be $200.00.

 

     (4) The state match shall be available only in the first year

 

the child is enrolled in the Michigan education savings program.

 

     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. 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 employee retirement funds.

 

     Sec. 943. The department of treasury shall not include

 

complete social security numbers in form 1099-G mailings to

 

taxpayers.

 

     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. 946. Members of the state tax commission and management

 

level staff of the assessment and certification division may meet


 

with statewide assessment organizations on a quarterly basis for

 

the purpose of coordinating assessment and training activities.

 

Recertification and training activities may be conducted at

 

regional locations chosen to maximize participation of local

 

officials.

 

     Sec. 947. (1) Of the $5,267,400.00 included in part 1 for the

 

revenue enhancement program, $4,767,400.00 shall be used for

 

revenue collection enhancement activities including auditing

 

functions.

 

     (2) 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.

 

     (3) The $500,000.00 balance of the $5,267,400.00 shall be used

 

for the principal residence exemption compliance program. Along

 

with other program costs, expenditures shall include the

 

development and maintenance of a statewide web-based database

 

created for the purpose of enforcing 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, 2009.

 

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. Additional funds from the revenue enhancement program

 

and carryforward appropriations may be used to support costs in

 

excess of $500,000.00.

 

     (4) Unexpended appropriations of the revenue enhancement

 

program 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

 

following is in compliance with section 451a of the management and

 

budget act, 1984 PA 431, MCL 18.1451a:

 

     (a) The purpose of the project is to enhance revenue

 

collection activities.

 

     (b) The project will be accomplished by contract.

 

     (c) The total estimated cost of the project is $24,600,000.00.

 

     (d) The tentative completion date is September 30, 2009.

 

     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 so that each city, village, and

 

township shall receive a combined total 2009 state fiscal year

 

constitutional distribution, under section 10 of article IX of the

 

state constitution of 1963, and statutory distribution, under this

 

subsection, that is equal to the total distribution the city,

 

village, or township received in the 2008 state fiscal year under

 

section 10 of article IX of the state constitution of 1963 and the

 

statutory distribution received under section 950(2) of PA 127 of

 

2007. In addition, each city, village, and township shall receive

 

an amount equal to 4% of the statutory amount the city, village, or

 

township received in the 2007 state fiscal year under the Glenn

 

Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901

 

to 141.921.

 

     (3) If the amount appropriated in part 1 for statutory revenue

 

sharing is insufficient to fund the distributions calculated in

 

subsection (2), additional statutory revenue sharing shall be

 

automatically appropriated.

 

     Sec. 952. The appropriation in part 1 for special grants to

 

cities shall be used to restore revenue sharing reductions


 

contained in Executive Order No. 2003-23 to a city that had an

 

emergency financial manager appointed pursuant to the local

 

government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to

 

141.1291, continuously from December 10, 2003 through September 30,

 

2009.

 

     Sec. 955. (1) There is appropriated to each county an amount

 

equal to the amount distributed to each county for the fiscal year

 

ending September 30, 2004, pursuant to the Glenn Steil state

 

revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921,

 

adjusted by the inflation rate as defined in section 34d of the

 

general property tax act, 1893 PA 206, MCL 211.34d, and reduced by

 

the amount each county is authorized to annually expend in that

 

county's fiscal year beginning after September 30, 2004, from its

 

revenue sharing reserve fund pursuant to section 44a of the general

 

property tax act, 1893 PA 206, MCL 211.44a.

 

     (2) The department of treasury shall annually certify to the

 

state budget director the amount each county is authorized to

 

expend from its revenue sharing reserve fund.

 

LOTTERY

 

     Sec. 960. In addition to the funds appropriated in part 1 to

 

the bureau of state lottery, there is appropriated from lottery

 

revenues the amount necessary for, and directly related to,

 

implementing and operating lottery games. Appropriations under this

 

section shall only be expended for contractually mandated payments

 

for vendor commissions, contractually mandated payments for instant

 

tickets intended for resale, the contractual costs of providing and

 

maintaining the on-line system communications network, and


 

incentive and bonus payments to lottery retailers.

 

     Sec. 961. The funds appropriated in part 1 to the bureau of

 

state lottery shall not be used for any promotional efforts

 

directed towards individuals who are less than 18 years of age.

 

     Sec. 963. 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, the

 

Initiated Law of 1996, MCL 432.212a.

 

     Sec. 972. In addition to the funds appropriated in part 1,

 

funds distributed by the Michigan gaming control board to the

 

department of treasury for oversight of casino gaming are

 

appropriated upon receipt. These funds may be used to pay for costs

 

incurred for casino gaming oversight activities.

 

     Sec. 973. (1) Funds appropriated in part 1 for local

 

government programs may be used to provide assistance to a local

 

revenue sharing board referenced in an agreement authorized by the

 

Indian gaming regulatory act, Public Law 100-497.

 

     (2) A local revenue sharing board described in subsection (1)

 

shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275, and the freedom of information act, 1976 PA 442, MCL 15.231

 

to 15.246.


 

     (3) A county treasurer is authorized to receive and administer

 

funds received for and on behalf of a local revenue sharing board.

 

Funds appropriated in part 1 for local government programs may be

 

used to audit local revenue sharing board funds held by a county

 

treasurer. This section does not limit the ability of local units

 

of government to enter into agreements with federally recognized

 

Indian tribes to provide financial assistance to local units of

 

government or to jointly provide public services.

 

     (4) The director of the department of state police and the

 

executive director of the Michigan gaming control board are

 

authorized to assist the local revenue sharing boards in

 

determining allocations to be made to local public safety

 

organizations.

 

     (5) The department of treasury shall submit a report by

 

September 30 to the senate and house of representatives standing

 

committees on appropriations and the state budget director on the

 

receipts and distribution of revenues by local revenue sharing

 

boards.

 

     Sec. 974. If revenues collected in the state services fee fund

 

are less than the amounts appropriated from the fund, available

 

revenues shall be used to fully fund the appropriation in part 1

 

for casino gaming regulation activities before distributions are

 

made to other state departments and agencies. If the remaining

 

revenue in the fund is insufficient to fully fund appropriations to

 

other state departments or agencies, the shortfall shall be

 

distributed proportionally among those departments and agencies.

 

MICHIGAN STRATEGIC FUND


 

     Sec. 1001. (1) In addition to the funds appropriated in part

 

1, there is appropriated an amount not to exceed $10,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in this 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. 1002. (1) The appropriation in part 1 to the fund for the

 

economic development job training program is focused on skills

 

businesses need to compete in the twenty-first century. The purpose

 

of this program is to develop a specific skill, for Michigan

 

residents identified for a particular Michigan business that

 

assists that company to compete in the global economy and to create

 

or retain high-paying jobs for Michigan residents.

 

     (2) Not more than $800,000.00 of the total appropriation in

 

part 1 may be expended for administrative costs by the fund. Not


 

more than 10% of the total grant award may be expended by a

 

recipient for administration costs.

 

     (3) No funds appropriated in part 1 to the fund for the

 

economic development job training program grants may be expended

 

for the training of permanent striker replacement workers, unless a

 

strike exceeds 3 years and good faith negotiations are ongoing.

 

     (4) An applicant may be a school district, intermediate school

 

district, community college, public or private nonprofit college or

 

university, nonprofit organization whose primary purpose is to

 

provide education programs or employment and training services or

 

vocational rehabilitation programs or school-to-work transition

 

programs, local workforce development board, the headquarters of a

 

federal and state-sponsored manufacturing technology center, or a

 

consortium consisting of any combination of school districts,

 

intermediate school districts, community colleges, nonprofit

 

organizations described in this subsection, or public or private

 

nonprofit colleges or universities described in this subsection or

 

a business which creates at least 100 new jobs at a single location

 

in a period not to exceed 2 years from the date of the grant award,

 

or a business with less than 50 employees and an individual grant

 

award of less than $20,000.00, or a consortium consisting of any

 

combination of any of the applicants listed.

 

     (5) On or before October 1, the fund shall publish proposed

 

application criteria, instructions, and forms for use by eligible

 

applicants. The fund shall provide at least a 2-week period for

 

public comment prior to finalization of the application criteria,

 

instructions, and forms.


 

     (6) The award process will include a simple notice of intent

 

to be reviewed to see if the application merits further

 

consideration. If so, a full application may be submitted.

 

Applications for all grants shall be submitted to the fund, and

 

each application shall contain at least all of the following:

 

     (a) The name, address, and total number of employees of each

 

business organization whose employees are receiving job training.

 

     (b) A description of the specific job skills that will be

 

taught.

 

     (c) A clear statement of the project's scope of activities and

 

number of participants to be involved.

 

     (d) A commitment to maintain participant records in a form and

 

manner required by the fund.

 

     (e) A budget which relates to the proposed activities and

 

various program components.

 

     (7) Priority in the fund's awarding of grants shall be based

 

on the following criteria:

 

     (a) Demonstrated need for the type of training offered.

 

     (b) Creation or retention of high wage and high skilled level

 

jobs within a predetermined time period. If the employer does not

 

create or retain the number of jobs specified within the

 

predetermined time period, the employer shall reimburse the state

 

for the entire direct grant awarded under this program, prorated to

 

the number of actual jobs created or trained compared to the number

 

in the original jobs identified in the grant application. The

 

number of jobs created and retained will be verified by the

 

employer via audit after the training is completed.


 

     (c) Other criteria determined by the fund to be important.

 

     (8) Participants in the economic development job training

 

program shall be 16 years or older and not enrolled and counted in

 

membership in a school district, intermediate school district, or

 

community college, or any other program funded with state funding.

 

Any training provider that receives state appropriated funds shall

 

not include in the enrollment data reported for determining state

 

aid any student credit hours or student contact hours for a student

 

who is a participant in the economic development job training

 

program. Exclusions of these students is intended to avoid payment

 

of state aid for the same individuals for whom training costs are

 

paid for through the economic development job training program.

 

     (9) A recipient of a grant under this section shall not charge

 

tuition or fees to participants in the program funded by the

 

economic development job training program grant. However, a

 

nonprofit organization may charge tuition or fees if the tuition

 

plan or fees are recognized by the state and the nonprofit

 

organization receives additional funding from other governmental or

 

private funding sources for its programs.

 

     (10) For training delivered to incumbent workers, the employer

 

receiving the benefit of the training shall provide a minimum of up

 

to 50% of the program costs in matching funds as necessitated by

 

the program.

 

     (11) Grant funds shall be expended on a cost reimbursement

 

basis.

 

     (12) A recipient of a grant under this section shall allow the

 

fund or the agency's designee to audit all records related to the


 

grant for all entities that receive money, either directly or

 

indirectly through a contract, from the grant funds. A grant

 

recipient or contractor shall reimburse the state for all

 

disallowances found in the audit. Costs disallowed under subsection

 

(7)(b) based on the employer job creation and retention

 

requirements are not the same as the training costs that are

 

disallowed in this subsection.

 

     (13) The fund shall provide to the state budget director and

 

the fiscal agencies by November 1 of each year a report on the

 

economic development job training program grants. The report shall

 

provide this information for each grant or contract awarded during

 

the preceding full fiscal year. The report shall contain all of the

 

following:

 

     (a) The amount and recipient of each grant or contract.

 

     (b) The number of participants under each grant or contract

 

and the number of new hires who are in training under the grant.

 

     (c) The names, addresses, and total number of employees of all

 

business organizations for whom training is or will be provided.

 

     (d) The matching funds, if any, to be provided by a business

 

organization.

 

     (14) As a condition of receiving funds under part 1 of this

 

act, the fund shall not expend any of the economic development job

 

training program funds to train any employee who is an officer of a

 

corporation in a corporation employing more than 250 employees.

 

     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 committee subcommittee on

 

economic development, the house appropriations committee

 

subcommittee on general government, the senate and house fiscal

 

agencies, and the state budget office by January 31.

 

     Sec. 1004. Travel Michigan may establish and collect a fee to


 

cover the cost of materials and processing of photographic prints,

 

slides, videotapes, and travel product database information that

 

are requested by the media and other segments of the public and

 

private sectors. 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. 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.

 

     (b) Business attraction, retention, and growth.

 

     (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 the actual spending and number

 

of FTEs for that program for the previous fiscal year.

 

     Sec. 1008. As a condition of receiving funds under part 1, any

 

interlocal agreement entered into by the fund shall include

 

language which states that if a local unit of government has a

 

contract or memorandum of understanding with a private economic

 

development agency, the Michigan economic development corporation

 

will work cooperatively with that private organization in that


 

local area.

 

     Sec. 1009. (1) Of the funds appropriated to the fund or

 

through grants to the Michigan economic development corporation, no

 

funds shall be expended for the purchase of options on land or the

 

purchase of land unless at least 1 of the following conditions

 

applies:

 

     (a) The land is located in an economically distressed area.

 

     (b) The land is obtained through a purchase or exercise of an

 

option at the invitation of the local unit of government and local

 

economic development agency.

 

     (2) Consideration may be given to purchases where the proposed

 

use of the land is consistent with a regional land use plan, will

 

result in the redevelopment of an economically distressed area, can

 

be supported by existing infrastructure, and will not cause shifts

 

in population away from the area's population centers.

 

     (3) As used in this section, "economically distressed area"

 

means an area in a city, village, or township that has been

 

designated as blighted; a city, village, or township that shows

 

negative population change from 1970 and a poverty rate and

 

unemployment rate greater than the statewide average; or an area

 

certified as a neighborhood enterprise zone.

 

     Sec. 1010. The money appropriated in part 1 to the fund is

 

subject to the condition that none is spent for premiums or

 

advertising material involving personal effects or apparel

 

including, but not limited to, T-shirts, hats, coffee mugs, or

 

other promotional items, except travel Michigan.

 

     Sec. 1011. (1) From the general fund/general purpose


 

appropriations in part 1 to the fund and granted or transferred to

 

the Michigan economic development corporation, any unexpended or

 

unencumbered balance shall be disposed of in accordance with the

 

requirements in the management and budget act, 1984 PA 431, MCL

 

18.1101 to 18.1594, unless carryforward authorization has been

 

otherwise provided for.

 

     (2) Any encumbered funds shall be used for the same purposes

 

for which funding was originally appropriated in this act.

 

     Sec. 1012. (1) As a condition of receiving funds under part 1,

 

the fund shall ensure that the MEDC and the fund comply with all of

 

the following:

 

     (a) The freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (c) Annual audits of all financial records by the auditor

 

general or his or her designee.

 

     (d) All reports required by law to be submitted to the

 

legislature.

 

     (2) If the MEDC is unable for any reason to perform duties

 

under this act, the fund may exercise those duties.

 

     Sec. 1013. As a condition for receiving the appropriations in

 

part 1, any staff of the Michigan economic development corporation

 

involved in private fund-raising activities shall not be party to

 

any decisions regarding the awarding of grants or tax abatements

 

from the fund, the Michigan economic development corporation, or

 

the Michigan economic growth authority.

 

     Sec. 1014. (1) The funding appropriated in part 1 of 2000 PA


 

291 for the Michigan core communities fund may be used to create an

 

urban revitalization infrastructure program in the fund for

 

economic development awards to create new jobs or contribute to

 

redevelopment and encourage private investment in core communities.

 

     (2) Awards may be provided to qualified local governmental

 

units as defined in the obsolete property rehabilitation act, 2000

 

PA 146, MCL 125.2781 to 125.2797, or certified technology parks, as

 

defined in the local development financing act, 1986 PA 281, MCL

 

125.2151 to 125.2174.

 

     (3) Awards can be used for land and property acquisition and

 

assembly, demolition, site development, utility modifications and

 

improvements, street and road improvements, telecommunication

 

infrastructure, site location and relocation, infrastructure

 

improvements, and any other costs related to the successful

 

development and implementation of core community or certified

 

technology park projects, at the discretion of the Michigan

 

economic development corporation.

 

     (4) Funding may be provided in the form of loans, grants,

 

sales or cash flow participation agreements, guarantees, or any

 

combination of these. A cash match of at least 10%, or local

 

repayment guarantee with a dedicated funding source, is required.

 

Priority shall be given to projects which are integrated with

 

existing economic development programs and to projects in

 

proportion to the amount that local matching rates exceed 10%.

 

     (5) The Michigan economic development corporation shall have

 

all administrative responsibility for the Michigan core communities

 

fund and shall establish application and application scoring


 

criteria and approve awards. The Michigan economic development

 

corporation may utilize up to 1/2 of 1% of the fund for

 

administrative purposes.

 

     (6) Funds will be awarded through an open competitive process

 

based on criteria including the following: project impact, project

 

marketability, lack of adequate infrastructure or land assembly

 

financing sources, local administrative capacity, and the level of

 

local matching funds. Awardees shall agree to expedite the local

 

development process, such as fast-track permitting procedures,

 

streamlined regulatory requirements, standardized construction and

 

building codes, and the use of competitive construction permitting

 

fees.

 

     (7) No single applicant shall be awarded more than

 

$10,000,000.00 per project.

 

     (8) Fifteen days prior to the award of the funds, notification

 

shall be provided to the speaker of the house of representatives,

 

the senate majority leader, the members of the house and senate

 

appropriations committees, the fiscal agencies, and the state

 

budget director.

 

     (9) Funds shall not be awarded for any of the following

 

purposes:

 

     (a) Land sited for use as, or support for, a gaming facility.

 

     (b) Land or other facilities owned or operated by a gaming

 

facility.

 

     (c) Publicly owned land or facilities which may directly or

 

indirectly support a gaming facility.

 

     (10) 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 core communities

 

fund, shall be received, held, and applied by the fund for the

 

purposes described in this part.

 

     (11) The fund shall provide an annual report on the status of

 

this fund. The report shall be provided to the subcommittees, the

 

fiscal agencies, and the state budget office by January 31.

 

     Sec. 1015. The funds appropriated in part 1 to the Michigan

 

strategic fund for CDBG technical assistance grants shall be used

 

to fund technical assistance grants to local planning agencies that

 

received CDBG technical assistance grants in 2008 from the MEDC.

 

From the $66,000.00 included in part 1 for CDBG technical

 

assistance grants, each of the qualifying agencies shall receive an

 

amount equal to the funding the agency received in the 2008 state

 

fiscal year from the MEDC.

 

     Sec. 1016. The Michigan economic development corporation may

 

implement procedures to annually audit the number of jobs claimed

 

to be created by firms receiving tax credits or other economic

 

incentives.

 

     Sec. 1018. (1) The funds appropriated in part 1 for the energy

 

efficiency pilot program shall be expended for pilot residential

 

energy efficiency programs in the cities of Ann Arbor, Grand

 

Rapids, and Lansing. Each city shall be awarded $200,000.00 to

 

create or maintain 1 or more residential energy efficiency programs

 

within the city. A residential energy efficiency program funded in

 

whole or in part under this section shall be administered directly


 

by the city or through a subcontractor hired by the city. Funds

 

received under this section shall be used only as follows:

 

     (a) Not more than $25,000.00 shall be expended by each city

 

for program administration.

 

     (b) Not more than $25,000.00 shall be expended by each city

 

for equipment.

 

     (c) Not more than $150,000.00 shall be expended by each city

 

for any combination of the following:

 

     (i) Low-interest or interest-free loans for residential energy

 

efficiency improvements.

 

     (ii) Rebates for residential energy audits.

 

     (iii) Rebates for residential energy efficiency improvements.

 

     (2) As a condition of receiving funding under subsection (1),

 

the city shall submit a report for the immediately preceding fiscal

 

year ending September 30 to the senate and house standing

 

committees on appropriations subcommittees on general government,

 

the senate and house fiscal agencies, and the state budget director

 

by November 30 detailing the expenditures from the energy

 

efficiency grant program award.

 

     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. 1024. From the funds appropriated in part 1 for the 21st

 

century jobs fund program, all funds available to the strategic

 

economic investment and commercialization board from grant and loan

 

awards from the competitive edge technology grant and loan program

 

as created in 2005 PA 225 that are not accepted or claimed by

 

awardees shall be allocated for existing business incubator

 

programs in distressed areas. From the first $1,500,000.00 of

 

returned funding, the Michigan strategic fund board shall fund

 

grants of up to $500,000.00 to business incubator programs in each

 

of the distressed areas. As used in this section, "distressed area"

 

means a local governmental unit that meets 1 of the following

 

criteria:

 

     (a) A city with a population greater than 750,000.

 

     (b) A city with a population in the 2000 census between 11,000

 

and 12,000 that had a population loss of greater than 30% since

 

1970.

 

     (c) A city with a population in the 2000 census between

 

124,000 and 125,000 that had a population loss of greater than 35%

 

since the 1970 census.

 

     Sec. 1029. It is the intent of the legislature that the fund

 

only award tax breaks or other economic development incentives to

 

companies that give preference to Michigan workers.

 

 


 

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 2008-2009

 

 

 

                                       Beginning

 

                                 Fund Unreserved

 

                                      Fund       Estimated   Ending

 

                                      Balance      Revenue  Balance

 

OPERATING FUNDS

 

General fund/general purpose     0110  125.5       9,734.7     10.9

 

General fund/special purpose            448.0      16,309.7    473.4

 

   Special Revenue Funds:

 

Countercyclical budget and

 

   economic stabilization        0111  102.2           4.3    106.5

 

Game and fish protection         0112    5.1          61.0      4.0

 

Michigan employment security act

 

   administration                0113    8.1          13.5      3.5

 

State aeronautics                0114    5.8         177.7      4.8

 

Michigan veterans' benefit

 

   trust                         0115    0.0           4.3      0.0

 

State trunkline                  0116    0.0       2,181.8      0.0

 

Michigan state waterways         0117    1.1          29.7      0.1

 

Blue Water Bridge                0118    0.0          14.5      0.0


 

Michigan transportation          0119    0.0       1,929.4      0.0

 

Comprehensive transportation     0120    0.0         312.6      0.0

 

School aid                       0122    0.0      13,475.6      0.0

 

Game and fish protection trust   0124    6.0          12.8      6.0

 

State park improvement           0125    1.6          39.4      0.0

 

Forest development               0126    0.0          24.0      0.0

 

Michigan civilian conservation

 

   corps endowment               0128    0.3           0.0      0.3

 

Michigan natural resources

 

   trust                         0129   33.5          52.5     37.4

 

Michigan state parks endowment   0130    7.6          16.7      5.0

 

Safety education and training    0131    2.8           9.0      2.8

 

Bottle deposit                   0136    0.0          16.9      0.0

 

State construction code          0138    0.2           9.5     (2.8)

 

Children's trust                 0139    1.3          10.1      1.0

 

State casino gaming              0140    1.6          34.3      1.6

 

Homeowner construction lien

 

   recovery                      0141    3.0           1.4      2.4

 

Michigan nongame fish and

 

   wildlife                      0143    0.2           0.6      0.1

 

Michigan merit award trust       0154   15.0         203.1      0.0

 

Outdoor recreation legacy        0162    0.0           2.3      0.0

 

Off-road vehicle account         0163    2.5           3.5      1.0

 

Snowmobile account               0164    2.2           9.6      0.2

 

Silicosis dust disease

 

   and logging                   0870    3.2           1.3      2.5

 

Utility consumer representation  0893    3.5           1.3      3.6


 

TOTALS                                 $780.3     $44,697.1   $664.3