Bill Text: MI SB0199 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Appropriations; other; executive recommendation; provide for omnibus bill. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-24 - Referred To Committee On Appropriations [SB0199 Detail]
Download: Michigan-2011-SB0199-Introduced.html
SENATE BILL No. 199
February 24, 2011, Introduced by Senator KAHN and referred to the Committee on Appropriations.
A bill to make appropriations for various state departments and agencies; the
judicial branch, and the legislative branch for the fiscal years ending September 30,
2012; to provide anticipated appropriations for the fiscal year ending September 30,
2013; to provide a nonbinding schedule of programs; to provide for certain conditions
on appropriations; to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
For Fiscal For Fiscal
Year Ending Year Ending
Sept. 30, 2012 Sept. 30, 2013
APPROPRIATION SUMMARY
GROSS APPROPRIATION..................................... $ 32,775,513,900 $ 33,463,581,000
Total interdepartmental grants and
intradepartmental transfers........................... 730,392,800 734,756,500
ADJUSTED GROSS APPROPRIATION............................ $ 32,045,121,100 $ 32,728,824,500
Total federal revenues.................................. 17,290,815,500 17,460,260,400
Total local revenues.................................... 369,999,800 369,759,000
Total private revenues.................................. 127,589,800 127,782,600
Total other state restricted revenues................... 7,222,668,000 7,322,432,500
State general fund/general purpose...................... $ 7,034,048,000 $ 7,448,590,000
Article 1
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 1-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of agriculture and rural development are
appropriated for the fiscal year ending September 30, 2012, and are anticipated to be
appropriated for the fiscal year ending September 30, 2013, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 2.0 2.0
Full-time equated classified positions................ 436.0 436.0
GROSS APPROPRIATION..................................... $ 71,469,300 $ 72,865,500
Total interdepartmental grants and
intradepartmental transfers........................... 297,600 297,600
ADJUSTED GROSS APPROPRIATION............................ $ 71,171,700 $ 72,567,900
Total federal revenues.................................. 14,184,700 14,386,700
Total local revenues.................................... 0 0
Total private revenues.................................. 171,300 171,300
Total other state restricted revenues................... 29,713,000 30,294,800
State general fund/general purpose...................... $ 27,102,700 $ 27,715,100
Sec. 1-102. ADMINISTRATION
Full-time equated unclassified positions.............. 2.0 2.0
Full-time equated classified positions................ 23.0 23.0
Administration.......................................... $ 5,442,400 $ 6,838,600
GROSS APPROPRIATION..................................... $ 5,442,400 $ 6,838,600
Appropriated from:
Interdepartmental grant revenues........................ 2,800 2,800
Federal revenues........................................ 442,000 644,000
State restricted revenues............................... 756,200 1,338,000
State general fund/general purpose...................... $ 4,241,400 $ 4,853,800
Schedule of programs:
Commissions and boards.............................. 23,800 23,800
Unclassified positions.............................. 213,300 213,300
Executive direction................................. 1,050,600 1,050,600
Rent and building occupancy charges................. 991,900 991,900
Operational services................................ 981,100 981,100
Information technology services and projects........ 1,303,400 1,303,400
Active and retiree insurance and pension adjustment. 0 1,396,200
Accounting service center........................... 878,300 878,300
Sec. 1-103. FOOD SAFETY AND HEALTH ASSURANCE
Full-time equated classified positions................ 228.0 228.0
Food safety and health assurance........................ $ 30,831,400 30,831,400
GROSS APPROPRIATION..................................... $ 30,831,400 $ 30,831,400
Appropriated from:
Interdepartmental grant revenues........................ 194,800 194,800
Federal revenues........................................ 5,827,900 5,827,900
State restricted revenues............................... 6,235,500 6,235,500
State general fund/general purpose...................... $ 18,573,200 $ 18,573,200
Schedule of programs:
Food safety and quality assurance................... 9,931,600 9,931,600
Milk safety and quality assurance................... 2,437,900 2,437,900
Animal disease prevention and response.............. 9,039,400 9,039,400
Migrant labor housing............................... 1,162,300 1,162,300
Laboratory services................................. 5,564,600 5,564,600
USDA monitoring..................................... 2,452,000 2,452,000
Emergency management................................ 243,600 243,600
Sec. 1-104. ENVIRONMENTAL PROTECTION
Full-time equated classified positions................ 119.0 119.0
Environmental protection................................ $ 19,340,800 $ 19,340,800
GROSS APPROPRIATION..................................... $ 19,340,800 $ 19,340,800
Appropriated from:
Interdepartmental grant revenues........................ 100,000 100,000
Federal revenues........................................ 5,151,300 5,151,300
Private revenues........................................ 83,300 83,300
State restricted revenues............................... 10,089,900 10,089,900
State general fund/general purpose...................... $ 3,916,300 $ 3,916,300
Schedule of programs:
Pesticide and plant pest management................. 10,312,700 10,312,700
Emerald ash borer control program................... 1,822,600 1,822,600
Michigan agriculture environmental assurance program 264,600 264,600
Groundwater and freshwater protection program....... 5,421,700 5,421,700
Agriculture pollution prevention program............ 1,000,100 1,000,100
Right-to-farm....................................... 519,000 519,000
Local conservation districts........................ 100 100
Sec. 1-105. RURAL AND ECONOMIC DEVELOPMENT
Full-time equated classified positions................ 63.0 63.0
Rural and economic development.......................... $ 10,432,800 $ 10,432,800
GROSS APPROPRIATION..................................... $ 10,432,800 $ 10,432,800
Appropriated from:
Federal revenues........................................ 1,513,500 1,513,500
Private revenues........................................ 88,000 88,000
State restricted revenues............................... 8,459,500 8,459,500
State general fund/general purpose...................... $ 371,800 $ 371,800
Schedule of programs:
Agriculture development............................. 1,915,300 1,915,300
Grape and wine program.............................. 736,300 736,300
Statistical reporting services...................... 158,300 158,300
Farmland and open space preservation................ 958,200 958,200
Producer security/grain dealers..................... 543,400 543,400
Consumer protection program......................... 5,571,300 5,571,300
Intercounty drain................................... 550,000 550,000
Sec. 1-106. HORSE RACING
Full-time equated classified positions................ 3.0 3.0
Horse racing............................................ $ 3,121,900 $ 3,121,900
GROSS APPROPRIATION..................................... $ 3,121,900 $ 3,121,900
Appropriated from:
State restricted revenues............................... 3,121,900 3,121,900
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Horse racing grant program administration........... 331,300 331,300
Purses and supplements-fairs/licensed tracks........ 611,400 611,400
Licensed tracks-light horse racing.................. 34,100 34,100
Standardbred breeders’ awards....................... 250,000 250,000
Standardbred purses and supplements-licensed tracks. 461,600 461,600
Standardbred sire stakes............................ 209,000 209,000
Standardbred training and stabling.................. 9,300 9,300
Thoroughbred owners’ awards......................... 31,900 31,900
Thoroughbred supplements - licensed tracks.......... 309,600 309,600
Thoroughbred breeders’ awards....................... 309,600 309,600
Thoroughbred sire stakes............................ 214,100 214,100
Distribution of outstanding winning tickets......... 350,000 350,000
Sec. 1-107. CAPITAL OUTLAY
Capital outlay.......................................... $ 2,300,000 $ 2,300,000
GROSS APPROPRIATION..................................... $ 2,300,000 $ 2,300,000
Appropriated from:
Federal revenues........................................ 1,250,000 1,250,000
State restricted revenues............................... 1,050,000 1,050,000
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Farmland and open space development acquisition..... 2,300,000 2,300,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 1-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal years 2011-
2012 is $56,815,700.00 and state spending from state resources to be paid to local
units of government for fiscal years 2011-2012 is $1,500,000.00. The itemized
statement below identifies appropriations from which spending to local units of
government will occur:
DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT
Environmental protection.............................................. $ 1,500,000
TOTAL................................................................. $ 1,500,000
Sec. 1-202. As used in this act:
(a) "Department" means the department of agriculture and rural
development.
Sec. 1-203. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 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 $6,000,000.00 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.
ADMINISTRATION
Sec. 1-301. (1) Pursuant to the appropriations in part 1, the department may
receive and expend revenue and use that revenue to cover necessary expenses related to
publications, audit and licensing functions, livestock sales, certification of nursery
stock, and laboratory analyses as specified in the following:
(a) Management services publications.
(b) Management services audit and licensing functions.
(c) Pesticide and plant pest management propagation and certification of virus-
free foundation stock.
(d) Pesticide and plant pest management grading services.
(e) Laboratory support testing for testing horses in draft horse pulling
contests at county fairs when local jurisdictions request state assistance.
(f) Laboratory support analyses to determine foreign substances in horses
engaged in racing or pulling contests at tracks.
(g) Laboratory support analyses of food, livestock, and agricultural products
for disease, foreign products for disease, toxic materials, foreign substances, and
quality standards.
(h) Laboratory support test samples for other agencies and organizations.
(i) Fruit and vegetable inspection at shipping and termination points and
processing plants.
CAPITAL OUTLAY
Sec. 1-401. (1) The director shall allocate lump-sum appropriations made in
this act consistent with statutory provisions and the purposes for which funds were
appropriated. Lump-sum allocations shall address priority program or facility needs
and may include, but are not limited to, design, construction, remodeling and
addition, special maintenance, major special maintenance, energy conservation, and
demolition.
(2) The state budget director may authorize that funds appropriated for lump-
sum appropriations shall be available for no more than 3 fiscal years following the
fiscal year in which the original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which it was
appropriated pursuant to the lapsing of funds as provided in the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 1-402. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section 248 of
the management and budget act, 1984 PA 431, MCL 18.1248.
Article 2
DEPARTMENT OF ATTORNEY GENERAL
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 2-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of attorney general are appropriated for the fiscal
year ending September 30, 2012, and are anticipated to be appropriated for the fiscal
year ending September 30, 2013, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF ATTORNEY GENERAL
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 514.0 514.0
GROSS APPROPRIATION..................................... $ 74,340,900 $ 76,321,200
Total interdepartmental grants and
intradepartmental transfers........................... 21,885,400 22,539,600
ADJUSTED GROSS APPROPRIATION............................ $ 52,455,500 $ 53,781,600
Total federal revenues.................................. 8,848,800 9,073,800
Total local revenues.................................... 0 0
Total private revenues.................................. 0 0
Total other state restricted revenues................... 15,489,100 15,879,700
State general fund/general purpose...................... $ 28,117,600 $ 28,828,100
Sec. 2-102. ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 502.0 502.0
Attorney general operations............................. $ 72,459,100 $ 74,439,400
GROSS APPROPRIATION..................................... $ 72,459,100 $ 74,439,400
Appropriated from:
Interdepartmental grant revenues........................ 21,746,400 22,400,600
Federal revenues........................................ 8,748,800 8,973,800
State restricted revenues............................... 15,114,100 15,504,700
State general fund/general purpose...................... $ 26,849,800 $ 27,560,300
Schedule of programs:
Attorney general.................................... 112,500 112,500
Unclassified positions.............................. 476,300 476,300
Attorney general operations......................... 68,080,700 68,080,700
Child support enforcement........................... 3,008,000 3,008,000
Information technology services and projects........ 781,600 781,600
Active and retiree insurance and pension adjustment. 0 1,980,300
Sec. 2-103. PROSECUTING ATTORNEYS COORDINATING COUNCIL
Full-time equated classified positions................ 12.0 12.0
Prosecuting attorneys coordinating council.............. $ 1,881,800 $ 1,881,800
GROSS APPROPRIATION..................................... $ 1,881,800 1,881,800
Appropriated from:
Interdepartmental grant revenues........................ 139,000 139,000
Federal revenues........................................ 100,000 100,000
State restricted revenues............................... 375,000 375,000
State general fund/general purpose...................... $ 1,267,800 $ 1,267,800
Schedule of programs:
Prosecuting attorneys coordinating council.......... 1,881,800 1,881,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 2-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year
2011-2012 is $43,606,700.00 and state spending from state resources to be paid
to local units of government for fiscal year 2011-2012 is $0.00.
Sec. 2-202. As used in this act:
(a) "RS" means revised statutes.
Sec. 2-203. (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. 2-204. (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. 2-205. 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. 2-206. 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. 2-207. 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. 2-208. 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. 2-209. (1) In addition to the antitrust revenues in part 1, antitrust,
securities fraud, consumer protection or class action enforcement revenues, or
attorney fees recovered by the department, not to exceed $250,000.00, are appropriated
to the department for antitrust, securities fraud, and consumer protection or class
action enforcement cases.
(2) Any unexpended funds from antitrust, securities fraud, or consumer
protection or class action enforcement revenues at the end of the fiscal year,
including antitrust funds in part 1, may be carried forward for expenditure in the
following fiscal year up to the maximum authorization of $250,000.00.
Sec. 2-210. (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. 2-211. From the prisoner reimbursement funds appropriated in part 1, the
department may spend up to $497,900.00 on activities related to the state correctional
facilities reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. In addition to the
funds appropriated in part 1, if the department collects in excess of $1,131,000.00 in
gross annual prisoner reimbursement receipts provided to the general fund, the excess,
up to a maximum of $1,000,000.00, is appropriated to the department of attorney
general and may be spent on the representation of the department of corrections and
its officers, employees, and agents, including, but not limited to, the defense of
litigation against the state, its departments, officers, employees, or agents in civil
actions filed by prisoners.
Sec. 2-212. (1) For the purposes of providing title IV-D child support
enforcement funding, the department of human services, as the state IV-D agency, shall
maintain a cooperative agreement with the attorney general for federal IV-D funding to
support the child support enforcement activities within the office of the attorney
general.
(2) The attorney general or his or her designee shall, to the extent allowable
under federal law, have access to any information used by the state to locate parents
who fail to pay court-ordered child support.
Sec. 2-213. The department of attorney general shall not receive and expend
funds in addition to those authorized in part 1 for legal services provided
specifically to other state departments or agencies except for costs for expert
witnesses, court costs, or other nonsalary litigation expenses associated with a
pending legal action.
Article 3
DEPARTMENT OF CIVIL RIGHTS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 3-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of civil rights are appropriated for the fiscal
year ending September 30, 2012, and are anticipated to be appropriated for the fiscal
year ending September 30, 2013, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF CIVIL RIGHTS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 5.0 5.0
Full-time equated classified positions................ 113.0 113.0
GROSS APPROPRIATION..................................... $ 12,098,900 $ 12,424,300
Total interdepartmental grants and
intradepartmental transfers........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 12,098,900 $ 12,424,300
Total federal revenues.................................. 2,213,200 2,269,700
Total local revenues.................................... 0 0
Total private revenues.................................. 0 0
Total other state restricted revenues................... 58,500 58,500
State general fund/general purpose...................... $ 9,827,200 $ 10,096,100
Sec. 3-102. CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions.............. 5.0 5.0
Full-time equated classified positions................ 113.0 113.0
Civil rights operations................................. $ 12,098,900 $ 12,424,300
GROSS APPROPRIATION..................................... $ 12,098,900 $ 12,424,300
Appropriated from:
Federal revenues........................................ 2,213,200 2,269,700
State restricted revenues............................... 58,500 58,500
State general fund/general purpose...................... $ 9,827,200 $ 10,096,100
Schedule of programs:
Unclassified positions.............................. 267,100 267,100
Civil rights operations............................. 11,254,100 11,254,100
Information technology services and projects........ 577,700 577,700
Active and retiree insurance and pension
adjustment........................................ 0 325,400
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 3-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $9,885,700.00 and state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $0.
CIVIL RIGHTS OPERATIONS
Sec. 3-301. (a) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $2,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this bill under section 393(2) of the
management and budget act, 1984 PA 431, MCL 18.1393.
(b) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $500,000.00 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. 3-302. (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.
(g) Staffing costs for all activities included in Sec. 302(1)(a) through Sec.
302(1) (f).
Sec. 3-303. 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.
Article 4
DEPARTMENT OF COMMUNITY HEALTH
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 4-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of community health are appropriated for the fiscal
year ending September 30, 2012, and are anticipated to be appropriated for the fiscal
year ending September 30, 2013, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF COMMUNITY HEALTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 4,025.0 4,025.0
GROSS APPROPRIATION..................................... $ 13,965,309,000 14,413,206,000
Total interdepartmental grants and
intradepartmental transfers........................... 4,528,700 4,528,700
ADJUSTED GROSS APPROPRIATION............................ $ 13,960,780,300 $ 14,408,677,300
Total federal revenues.................................. 8,758,307,700 8,976,727,400
Total local revenues.................................... 248,557,800 250,359,100
Total private revenues.................................. 96,494,700 96,494,700
Total state restricted revenues......................... 2,156,335,200 2,154,682,400
State general fund/general purpose...................... $ 2,701,084,900 $ 2,930,413,700
Sec. 4-102. ADMINISTRATION AND REGULATION
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 644.8 644.8
Administration and regulation........................... $ 214,546,500 $ 227,577,600
GROSS APPROPRIATION..................................... $ 214,546,500 $ 227,577,600
Appropriated from:
Interdepartmental grant revenues........................ 116,300 116,300
Federal revenues........................................ 106,615,000 110,324,200
Local revenues.......................................... 100,000 547,800
Private revenues........................................ 490,100 490,100
State restricted revenues............................... 61,542,700 62,796,900
State general fund/general purpose...................... $ 45,682,400 $ 53,302,300
Schedule of programs:
Director and other unclassified..................... 583,900 583,900
Departmental administration and management.......... 22,667,000 22,667,000
Worker’s compensation program....................... 8,772,300 8,772,300
Rent and building occupancy......................... 10,628,100 10,628,100
Developmental disabilities council and projects..... 2,855,700 2,855,700
Health systems administration....................... 25,549,000 25,549,000
Emergency medical services program.................. 5,510,300 5,510,300
Health professions.................................. 26,945,900 26,945,900
Health policy and regulation........................ 12,941,500 12,941,500
Information technology services and projects........ 34,881,700 34,881,700
Michigan Medicaid information system................ 25,723,700 25,723,700
Crime victims rights services....................... 37,487,400 37,487,400
Active and retiree insurance and pension adjustment. 00,000,000 13,031,100
Sec. 4-103. MENTAL HEALTH/SUBSTANCE ABUSE SERVICES
Full-time equated classified positions................ 121.0 121.0
Mental health/substance abuse services.................. $ 2,736,817,500 $ 2,796,312,100
GROSS APPROPRIATION..................................... $ 2,736,817,500 $ 2,796,312,100
Appropriated from:
Interdepartmental grant revenues........................ 2,769,000 2,769,000
Federal revenues........................................ 1,556,735,300 1,572,334,700
Local revenues.......................................... 25,228,900 25,228,900
Private revenues........................................ 190,000 190,000
State restricted revenues............................... 25,314,900 25,314,900
State general fund/general purpose...................... $ 1,126,579,400 $ 1,170,474,600
Schedule of programs:
Mental health/substance abuse program
administration.................................... 17,386,800 17,386,800
Gambling addiction.................................. 3,000,000 3,000,000
Protection and advocacy services support............ 194,400 194,400
Community residential and support services.......... 1,777,200 1,777,200
Federal and other special projects.................. 2,697,200 2,697,200
Family support subsidy.............................. 19,470,500 19,470,500
Housing and support services........................ 9,306,800 9,306,800
Medicaid mental health services..................... 2,055,796,700 2,113,486,700
Community mental health non-Medicaid services....... 273,908,100 273,908,100
Medicaid adult benefits waiver...................... 32,056,100 32,056,100
Mental health services for special populations...... 5,842,800 5,842,800
Medicaid substance abuse services................... 42,410,600 43,817,700
CMHSP, purchase of state services contracts......... 134,322,300 134,719,800
Federal mental health block grant................... 15,397,500 15,397,500
State disability assistance program substance
abuse services.................................... 2,018,800 2,018,800
Community substance abuse prevention, education,
and treatment programs............................ 81,919,600 81,919,600
Children’s waiver home care program................. 18,944,800 18,944,800
Nursing home PAS/ARR-OBRA........................... 12,179,300 12,179,300
Children with serious emotional disturbance waiver.. 8,188,000 8,188,000
Sec. 4-104. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Full-time equated classified positions................ 2,194.2 2,194.2
State psychiatric hospitals and forensic mental
health services................................... $ 262,040,600 $ 262,040,600
GROSS APPROPRIATION..................................... $ 262,040,600 $ 262,040,600
Appropriated from:
Federal revenues........................................ 29,937,000 29,539,500
Local revenues.......................................... 151,828,000 152,225,500
Private revenues........................................ 1,000,000 1,000,000
State restricted revenues............................... 15,957,900 15,957,900
State general fund/general purpose...................... $ 63,317,700 $ 63,317,700
Schedule of programs:
Civil service charges............................... 1,499,300 1,499,300
Caro regional mental health center – psychiatric
hospital adult.................................... 56,815,700 56,815,700
Kalamazoo psychiatric hospital - adult.............. 54,834,600 54,834,600
Walter P. Reuther psychiatric hospital - adult...... 52,347,900 52,347,900
Hawthorn center – psychiatric hospital – children
and adolescents................................... 27,083,900 27,083,900
Center for forensic psychiatry...................... 66,811,100 66,811,100
IDEA, federal special education..................... 120,000 120,000
Purchase of medical services for residents of
hospitals and centers............................. 445,600 445,600
Revenue recapture................................... 750,000 750,000
Special maintenance................................. 332,500 332,500
Gifts and bequests for patient living and
treatment environment............................. 1,000,000 1,000,000
Sec. 4-105. DISEASE PREVENTION AND CONTROL
Full-time equated classified positions................ 457.6 457.6
Disease prevention and control.......................... $ 252,367,700 $ 252,367,700
GROSS APPROPRIATION..................................... $ 252,367,700 $ 252,367,700
Appropriated from:
Interdepartmental grant revenues........................ 1,643,400 1,643,400
Federal revenues........................................ 136,210,900 136,210,900
Local revenues.......................................... 5,150,000 5,150,000
Private revenues........................................ 28,094,300 28,094,300
State restricted revenues............................... 34,939,400 34,939,400
State general fund/general purpose...................... $ 46,329,700 $ 46,329,700
Schedule of programs:
Minority health grants and contracts................ 1,112,700 1,112,700
Public health administration........................ 2,157,200 2,157,200
Vital records and health statistics................. 9,442,800 9,442,800
Immunization program................................ 15,866,400 15,866,400
Sexually transmitted disease program................ 7,104,000 7,104,000
Epidemiology administration......................... 8,202,000 8,202,000
Promotion of healthy behaviors...................... 975,900 975,900
AIDS prevention, testing and care programs.......... 59,449,300 59,449,300
Pediatric AIDS prevention and control............... 1,231,400 1,231,400
Laboratory services................................. 17,183,900 17,183,900
AIDS surveillance and prevention program............ 2,254,100 2,254,100
Asthma prevention and control....................... 856,900 856,900
Bioterrorism preparedness........................... 49,286,900 49,286,900
Lead abatement program.............................. 2,647,700 2,647,700
Newborn screening follow-up and treatment services.. 5,337,800 5,337,800
Tuberculosis control and prevention................. 867,000 867,000
Essential local public health services.............. 37,386,100 37,386,100
Implementation of 1993 PA 133, MCL 333.17015........ 20,000 20,000
Cancer prevention and control program............... 14,800,400 14,800,400
Chronic disease control and health promotion
administration.................................... 6,848,300 6,848,300
Diabetes and kidney program......................... 2,582,800 2,582,800
Injury and violence prevention...................... 2,380,700 2,380,700
Smoking prevention program.......................... 4,373,400 4,373,400
Sec. 4-106. SERVICES TO SENIOR CITIZENS, FAMILIES, AND CHILDREN
Full-time equated classified positions................ 144.6 144.6
Services to senior citizens, families, and children..... $ 392,729,400 $ 392,729,400
GROSS APPROPRIATION..................................... $ 392,729,400 $ 392,729,400
Appropriated from:
Federal revenues........................................ 297,124,000 297,124,000
Local revenues.......................................... 75,000 75,000
Private revenues........................................ 59,291,300 59,291,300
State restricted revenues............................... 6,997,900 6,997,900
State general fund/general purpose...................... $ 29,241,200 $ 29,241,200
Schedule of programs:
Childhood lead program ............................. 1,598,400 1,598,400
Family, maternal, and children’s health services
administration.................................... 6,047,700 6,047,700
Office of services to aging administration.......... 6,408,800 6,408,800
Dental programs..................................... 992,000 992,000
Dental programs for persons with developmental
disabilities...................................... 151,000 151,000
Family planning local agreements.................... 9,085,700 9,085,700
Local MCH services.................................. 7,018,100 7,018,100
Pregnancy prevention program........................ 1,331,300 1,331,300
Prenatal care outreach and service delivery support. 42,500 42,500
School health and education programs................ 405,300 405,300
Special projects ................................... 8,546,500 8,546,500
Sudden infant death syndrome program................ 321,300 321,300
Women, infants, and children program
administration and special projects............... 13,825,200 13,825,200
Women, infants, and children program local
agreements and food costs......................... 254,200,800 254,200,800
Community services.................................. 34,390,900 34,390,900
Nutrition services.................................. 34,639,200 34,639,200
Senior volunteer services........................... 4,063,500 4,063,500
Employment assistance............................... 3,792,500 3,792,500
Respite care program................................ 5,868,700 5,868,700
Sec. 4-107. HEALTH CARE SERVICES
Full-time equated classified positions................ 462.8 462.8
Health care services ................................... $ 10,106,807,300 $ 10,482,178,600
GROSS APPROPRIATION..................................... $ 10,106,807,300 $ 10,482,178,600
Appropriated from:
Federal revenues........................................ 6,631,685,500 6,831,194,100
Local revenues.......................................... 66,175,900 67,131,900
Private revenues........................................ 7,429,000 7,429,000
State restricted revenues............................... 2,011,582,400 2,008,675,400
State general fund/general purpose...................... 1,389,934,500 1,567,748,200
Schedule of programs:
Children’s special health care services program..... 6,757,100 6,757,100
Children’s special health care services medical care
and treatment..................................... 281,971,300 290,910,900
Children’s special health care services non emergency
medical transportation............................ 2,679,300 2,679,300
Children’s special health care services outreach and
advocacy.......................................... 3,773,500 3,773,500
Medical services administration..................... 65,189,800 65,189,800
MIChild administration.............................. 4,327,800 4,327,800
MIChild program..................................... 51,753,100 51,753,100
Hospital services and therapy....................... 1,241,369,700 1,249,714,800
Hospital disproportionate share payments............ 45,000,000 45,000,000
Physician services.................................. 290,369,500 324,189,500
Medicare premium payments........................... 409,169,400 440,325,400
Pharmaceutical services............................. 318,717,500 344,042,400
Home health services................................ 6,791,100 7,478,500
Hospice services.................................... 144,637,700 162,498,200
Transportation...................................... 15,009,800 16,042,100
Auxiliary medical services.......................... 6,252,100 7,021,700
Dental services..................................... 158,500,800 168,033,800
Ambulance services.................................. 9,271,600 10,034,700
Long term care services............................. 1,722,604,200 1,770,726,500
Medicaid home-and community-based services
waiver............................................ 205,940,500 205,940,500
Adult home help services............................ 289,032,800 313,298,900
Personal care services.............................. 14,421,500 14,855,600
Program of all-inclusive care for the elderly....... 30,707,800 30,707,800
Health plan services................................ 3,939,075,500 4,103,392,800
Plan first family planning waiver................... 13,089,200 13,089,200
Medicaid adult benefits waiver...................... 105,877,700 105,877,700
Special indigent care payments...................... 88,518,500 88,518,500
Federal Medicare pharmaceutical program............. 185,599,300 185,599,300
Maternal and child health........................... 20,279,500 20,279,500
Medicaid outreach cost reimbursement to local
health departments ............................... 9,000,000 9,000,000
School based services............................... 91,296,500 91,296,500
Special Medicaid reimbursement...................... 329,823,200 329,823,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 4-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $4,857,420,100.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $1,376,601,500.00. The itemized statement
below identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF COMMUNITY HEALTH
Administration and regulation................................... $ 10,388,900
Mental health/substance abuse services.......................... 995,112,700
Disease prevention and control.................................. 36,375,100
Services to senior citizens, families, and children............. 25,629,900
Health care services............................................ 309,094,900
TOTAL $ 1,376,601,500
Sec. 4-202. As used in this act:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "CMHSP" means a community mental health services program as that term is
defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
(c) "Current fiscal year" means the fiscal year ending September 30, 2012.
(d) "Department" means the Michigan department of community health.
(e) "Director" means the director of the department.
(f) "EPSDT" means early and periodic screening, diagnosis, and treatment.
(g) "Federal poverty level" means the poverty guidelines published annually in
the federal register by the United States department of health and human
services under its authority to revise the poverty line under 42 USC 9902.
(h) "Health plan" means, at a minimum, an organization that meets the criteria
for delivering the comprehensive package of services under the department's
comprehensive health plan.
(i) "HMO" means health maintenance organization.
(j) "IDEA" means the individuals with disabilities education act, 20 USC 1400
to 1482.
(k) "MIChild" means the program described in section 4-713.
(l) "PASARR" means the preadmission screening and annual resident review
required under the omnibus budget reconciliation act of 1987, section 1919 (e)
(7) of the social security act, and 42 USC 1396r.
(m) "PIHP" means a specialty prepaid inpatient health plan for Medicaid mental
health services, services to persons with developmental disabilities, and
substance abuse services. Specialty prepaid health plans are described in
section 232b of the mental health code, 1974 PA 258, MCL 330.1232b.
(n) "Title XIX" and "Medicaid" mean title XIX of the social security act, 42
USC 1396 to 1396w-2.
Sec. 4-203. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000,000.00 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 $40,000,000.00 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 $20,000,000.00 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 $20,000,000.00 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. 4-204. If the revenue collected by the department from fees and
collections exceeds the amount appropriated in part 1, the revenue may be
carried forward with the approval of the state budget director into the
subsequent fiscal year. The revenue carried forward under this section shall be
used as the first source of funds in the subsequent fiscal year.
Sec. 4-205. (1) In addition to funds appropriated in part 1 for all programs
and services, there is appropriated for write-offs of accounts receivable,
deferrals, and for prior year obligations in excess of applicable prior year
appropriations, an amount equal to total write-offs and prior year obligations,
but not to exceed amounts available in prior year revenues.
(2) The department's ability to satisfy appropriation deductions in part 1
shall not be limited to collections and accruals pertaining to services
provided in the current fiscal year, but shall also include reimbursements,
refunds, adjustments, and settlements from prior years.
Sec. 4-206. The department may establish and collect fees for publications,
videos and related materials, conferences, and workshops. Collected fees shall
be used to offset expenditures to pay for printing and mailing costs of the
publications, videos and related materials, and costs of the workshops and
conferences. The department shall not collect fees under this section that
exceed the cost of the expenditures.
Sec. 4-207. Nursing facilities shall report in the quarterly staff report to
the department, the total patient care hours provided each month, by state
licensure and certification classification, and the percentage of pool staff,
by state licensure and certification classification, used each month during the
preceding quarter. The department shall make available to the public, the
quarterly staff report compiled for all facilities including the total patient
care hours and the percentage of pool staff used, by classification.
Sec. 4-208. The department may make available to interested entities customized
listings of nonconfidential information in its possession, such as names and
addresses of licensees. The department may establish and collect a reasonable
charge to provide this service. The revenue received from this service shall be
used to offset expenses to provide the service. Any balance of this revenue
collected and unexpended at the end of the fiscal year shall revert to the
appropriate restricted fund.
Sec. 4-209. If the required fees are shown to be insufficient to offset all
expenses of implementing and administering the medical marihuana program, the
department shall review and revise the application and renewal fees accordingly
to ensure that all expenses of implementing and administering the medical
marihuana program are offset as is permitted under section 5 of the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26425.
MENTAL HEALTH/SUBSTANCE ABUSE SERVICES
Sec. 4-301. The department may enter into a contract with the protection and
advocacy agency, authorized under section 931 of the mental health code, 1974
PA 258, MCL 330.1931, or a similar organization to provide legal services for
purposes of gaining and maintaining occupancy in a community living arrangement
that is under lease or contract with the department or a community mental
health services program to provide services to persons with mental illness or
developmental disability.
Sec. 4-302. The department shall assure that substance abuse treatment is
provided to applicants and recipients of public assistance through the
department of human services who are required to obtain substance abuse
treatment as a condition of eligibility for public assistance.
Sec. 4-303. Each PIHP shall provide, from internal resources, local funds to be
used as a bona fide part of the state match required under the Medicaid program
in order to increase capitation rates for PIHPs. These funds shall not include
either state funds received by a CMHSP for services provided to non-Medicaid
recipients or the state matching portion of the Medicaid capitation payments
made to a PIHP.
Sec. 4-304. A county required under the provisions of the mental health code,
1974 PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for
mental health services rendered to residents in its jurisdiction shall pay the
matching funds in equal installments on not less than a quarterly basis
throughout the fiscal year, with the first payment being made by October 1 of
the current fiscal year.
STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES
Sec. 4-401. The department shall continue a revenue recapture project to
generate additional revenues from third parties related to cases that have been
closed or are inactive. A portion of revenues collected through project efforts
may be used for departmental costs and contractual fees associated with these
retroactive collections and to improve ongoing departmental reimbursement
management functions.
Sec. 4-402. Unexpended and unencumbered amounts and accompanying expenditure
authorizations up to $1,000,000.00 remaining on September 30 of the current
fiscal year from the amounts appropriated in part 1 for gifts and bequests for
patient living and treatment environments shall be carried forward for 1 fiscal
year. The purpose of gifts and bequests for patient living and treatment
environments is to use additional private funds to provide specific
enhancements for individuals residing at state-operated facilities. Use of the
gifts and bequests shall be consistent with the stipulation of the donor. The
expected completion date for the use of gifts and bequests donations is within
3 years unless otherwise stipulated by the donor.
Sec. 4-403. Upon the closure of state-run operations and after transitional
costs have been paid, the remaining balances of funds appropriated for that
operation shall be transferred to CMHSPs or PIHPs responsible for providing
services for persons previously served by the operations.
Sec. 4-404. The department may collect revenue for patient reimbursement from
first- and third-party payers, including Medicaid and local county CMHSP
payers, to cover the cost of placement in state hospitals and centers. The
department is authorized to adjust financing sources for patient reimbursement
based on actual revenues earned. If the revenue collected exceeds current year
expenditures, the revenue may be carried forward with approval of the state
budget director. The revenue carried forward shall be used as a first source of
funds in the subsequent year.
DISEASE PREVENTION AND CONTROL
Sec. 4-501. If a county that has participated in a district health department
or an associated arrangement with other local health departments takes action
to cease to participate in such an arrangement after October 1 of the current
fiscal year, the department shall have the authority to assess a penalty from
the local health department's operational accounts in an amount equal to no
more than 6.25% of the local health department's essential local public health
services funding. This penalty shall only be assessed to the local county that
requests the dissolution of the health department.
Sec. 4-502. (1) Funds appropriated in part 1 for essential local public health
services shall be prospectively allocated to local health departments to
support immunizations, infectious disease control, sexually transmitted disease
control and prevention, hearing screening, vision services, food protection,
public water supply, private groundwater supply, and on-site sewage management.
Food protection shall be provided in consultation with the department of
agriculture and rural development. Public water supply, private groundwater
supply, and on-site sewage management shall be provided in consultation with
the department of environmental quality.
(2) Local public health departments shall be held to contractual standards for
the services in subsection (1).
(3) Distributions in subsection (1) shall be made only to counties that
maintain local spending in the current fiscal year of at least the amount
expended in fiscal year 1992-1993 for the services described in subsection (1).
SERVICES TO SENIOR CITIZENS, FAMILIES, AND CHILDREN
Sec. 4-601. Each family planning program receiving federal title X family
planning funds under 42 USC 300 to 300a-8 shall be in compliance with all
performance and quality assurance indicators that the office of family planning
within the United States department of health and human services specifies in
the family planning annual report. An agency not in compliance with the
indicators shall not receive supplemental or reallocated funds.
Sec. 4-602. The funds appropriated in part 1 for pregnancy prevention programs
shall not be used to provide abortion counseling, referrals, or services.
Sec. 4-603. From the amounts appropriated in part 1 for dental programs, funds
shall be allocated to the Michigan dental association for the administration of
a volunteer dental program that provides dental services to the uninsured.
HEALTH CARE SERVICES
Sec. 4-701. The department may do 1 or more of the following:
(a) Provide special formula for eligible clients with specified metabolic and
allergic disorders.
(b) Provide medical care and treatment to eligible patients with cystic
fibrosis who are 21 years of age or older.
(c) Provide medical care and treatment to eligible patients with hereditary
coagulation defects, commonly known as hemophilia, who are 21 years of age or
older.
Sec. 4-702. The cost of remedial services incurred by residents of licensed
adult foster care homes and licensed homes for the aged shall be used in
determining financial eligibility for the medically needy. Remedial services
include basic self-care and rehabilitation training for a resident.
Sec. 4-703. (1) The department may establish a program for persons to purchase
medical coverage at a rate determined by the department.
(2) The department may receive and expend premiums for the buy-in of medical
coverage in addition to the amounts appropriated in part 1.
(3) The premiums described in this section shall be classified as private
funds.
(4) The department shall modify program policies to permit individuals eligible
for the transitional medical assistance plus program, as structured in fiscal
year 2009-2010, to access medical assistance coverage through a 100% cost
share.
Sec. 4-704. The protected income level for Medicaid coverage determined
pursuant to section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL
400.106, shall be 100% of the related public assistance standard.
Sec. 4-705. For the purpose of guardian and conservator charges, the department
of community health may deduct up to $60.00 per month as an allowable expense
against a recipient's income when determining medical services eligibility and
patient pay amounts.
Sec. 4-706. (1) An applicant for Medicaid, whose qualifying condition is
pregnancy, shall immediately be presumed to be eligible for Medicaid coverage
unless the preponderance of evidence in her application indicates otherwise.
The applicant who is qualified as described in this subsection shall be allowed
to select or remain with the Medicaid participating obstetrician of her choice.
(2) An applicant qualified as described in subsection (1) shall be given a
letter of authorization to receive Medicaid covered services related to her
pregnancy. All qualifying applicants shall be entitled to receive all medically
necessary obstetrical and prenatal care without preauthorization from a health
plan. All claims submitted for payment for obstetrical and prenatal care shall
be paid at the Medicaid fee-for-service rate in the event a contract does not
exist between the Medicaid participating obstetrical or prenatal care provider
and the managed care plan. The applicant shall receive a listing of Medicaid
physicians and managed care plans in the immediate vicinity of the applicant's
residence.
(3) In the event that an applicant, presumed to be eligible pursuant to
subsection (1), is subsequently found to be ineligible, a Medicaid physician or
managed care plan that has been providing pregnancy services to an applicant
under this section is entitled to reimbursement for those services until such
time as they are notified by the department that the applicant was found to be
ineligible for Medicaid.
(4) If the preponderance of evidence in an application indicates that the
applicant is not eligible for Medicaid, the department shall refer that
applicant to the nearest public health clinic or similar entity as a potential
source for receiving pregnancy-related services.
(5) The department shall develop an enrollment process for pregnant women
covered under this section that facilitates the selection of a managed care
plan at the time of application.
(6) The department shall mandate enrollment of women, whose qualifying
condition is pregnancy, into Medicaid managed care plans.
(7) The department shall encourage physicians to provide women, whose
qualifying condition for Medicaid is pregnancy, with a referral to a Medicaid
participating dentist at the first pregnancy-related appointment.
Sec. 4-707. (1) For care provided to medical services recipients with other
third-party sources of payment, medical services reimbursement shall not
exceed, in combination with such other resources, including Medicare, those
amounts established for medical services-only patients. The medical services
payment rate shall be accepted as payment in full. Other than an approved
medical services co-payment, no portion of a provider's charge shall be billed
to the recipient or any person acting on behalf of the recipient. Nothing in
this section shall be considered to affect the level of payment from a third-
party source other than the medical services program. The department shall
require a nonenrolled provider to accept medical services payments as payment
in full.
(2) Notwithstanding subsection (1), medical services reimbursement for hospital
services provided to dual Medicare/medical services recipients with Medicare
part B coverage only shall equal, when combined with payments for Medicare and
other third-party resources, if any, those amounts established for medical
services-only patients, including capital payments.
Sec. 4-708. (1) The department shall use procedures and rebates amounts
specified under section 1927 of title XIX, 42 USC 1396r-8, to secure quarterly
rebates from pharmaceutical manufacturers for outpatient drugs dispensed to
participants in the MIChild program, maternal outpatient medical services
program, and children's special health care services.
(2) For products distributed by pharmaceutical manufacturers not providing
quarterly rebates as listed in subsection (1), the department may require
preauthorization.
Sec. 4-709. An institutional provider that is required to submit a cost report
under the medical services program shall submit cost reports completed in full
within 5 months after the end of its fiscal year.
Sec. 4-710. (1) Reimbursement for medical services to screen and stabilize a
Medicaid recipient, including stabilization of a psychiatric crisis, in a
hospital emergency room shall not be made contingent on obtaining prior
authorization from the recipient's HMO. If the recipient is discharged from the
emergency room, the hospital shall notify the recipient's HMO within 24 hours
of the diagnosis and treatment received.
(2) If the treating hospital determines that the recipient will require further
medical service or hospitalization beyond the point of stabilization, that
hospital must receive authorization from the recipient's HMO prior to admitting
the recipient.
(3) Subsections (1) and (2) shall not be construed as a requirement to alter an
existing agreement between an HMO and its contracting hospitals nor as a
requirement that an HMO must reimburse for services that are not considered to
be medically necessary.
Sec. 4-711. The following sections of this act are the only ones that shall
apply to the following Medicaid managed care programs, including the
comprehensive plan, MIChoice long-term care plan, and the mental health,
substance abuse, and developmentally disabled services program: 4-303, 4-706,
4-710, and 4-712.
Sec. 4-712. (1) The department shall assure that an external quality review of
each contracting HMO is performed that results in an analysis and evaluation of
aggregated information on quality, timeliness, and access to health care
services that the HMO or its contractors furnish to Medicaid beneficiaries.
(2) The department shall require Medicaid HMOs to provide EPSDT utilization
data through the encounter data system, and health employer data and
information set well child health measures in accordance with the National
Committee on Quality Assurance prescribed methodology.
Sec. 4-713. (1) The appropriation in part 1 for the MIChild program is to be
used to provide comprehensive health care to all children under age 19 who
reside in families with income at or below 200% of the federal poverty level,
who are uninsured and have not had coverage by other comprehensive health
insurance within 6 months of making application for MIChild benefits, and who
are residents of this state. The department shall develop detailed eligibility
criteria through the medical services administration public concurrence
process, consistent with the provisions of this act. Health coverage for
children in families between 150% and 200% of the federal poverty level shall
be provided through a state-based private health care program.
(2) The department may provide up to 1 year of continuous eligibility to
children eligible for the MIChild program unless the family fails to pay the
monthly premium, a child reaches age 19, or the status of the children's family
changes and its members no longer meet the eligibility criteria as specified in
the federally approved MIChild state plan.
(3) Children whose category of eligibility changes between the Medicaid and
MIChild programs shall be assured of keeping their current health care
providers through the current prescribed course of treatment for up to 1 year,
subject to periodic reviews by the department if the beneficiary has a serious
medical condition and is undergoing active treatment for that condition.
(4) To be eligible for the MIChild program, a child must be residing in a
family with an adjusted gross income of less than or equal to 200% of the
federal poverty level. The department's verification policy shall be used to
determine eligibility.
(5) The department shall enter into a contract to obtain MIChild services from
any HMO, dental care corporation, or any other entity that offers to provide
the managed health care benefits for MIChild services at the MIChild capitated
rate. As used in this subsection:
(a) "Dental care corporation", "health care corporation", "insurer", and
"prudent purchaser agreement" mean those terms as defined in section 2 of the
prudent purchaser act, 1984 PA 233, MCL 550.52.
(b) "Entity" means a health care corporation or insurer operating in accordance
with a prudent purchaser agreement.
(6) The department may enter into contracts to obtain certain MIChild services
from community mental health service programs.
(7) The department may make payments on behalf of children enrolled in the
MIChild program from the line-item appropriation associated with the program as
described in the MIChild state plan approved by the United States department of
health and human services, or from other medical services.
(8) The department shall assure that an external quality review of each MIChild
contractor, as described in subsection (5), is performed, which analyzes and
evaluates the aggregated information on quality, timeliness, and access to
health care services that the contractor furnished to MIChild beneficiaries.
(9) The department shall develop an automatic enrollment algorithm that is
based on quality and performance factors.
Sec. 4-714. The department may establish premiums for MIChild eligible persons
in families with income above 150% of the federal poverty level. The monthly
premiums shall not be less than $10.00 or exceed $15.00 for a family.
Sec. 4-715. (1) The department shall implement enforcement actions as specified
in the nursing facility enforcement provisions of section 1919 of title XIX, 42
USC 1396r.
(2) In addition to the appropriations in part 1, the department is authorized
to receive and spend penalty money received as the result of noncompliance with
medical services certification regulations. Penalty money, characterized as
private funds, received by the department shall increase authorizations and
allotments in the long-term care accounts.
(3) The department is authorized to provide civil monetary penalty funds to the
disability network of Michigan to be distributed to the 15 centers for
independent living for the purpose of assisting individuals with disabilities
who reside in nursing homes to return to their own homes.
(4) The department is authorized to use civil monetary penalty funds to conduct
a survey evaluating consumer satisfaction and the quality of care at nursing
homes. Factors can include, but are not limited to, the level of satisfaction
of nursing home residents, their families, and employees. The department may
use an independent contractor to conduct the survey.
(5) Any unexpended penalty money, at the end of the year, shall carry forward
to the following year.
Sec. 4-716. All nursing home rates, class I and class III, shall have their
respective fiscal year rate set 30 days prior to the beginning of their rate
year. Rates may take into account the most recent cost report prepared and
certified by the preparer, provider corporate owner or representative as being
true and accurate, and filed timely, within 5 months of the fiscal year end in
accordance with Medicaid policy. If the audited version of the last report is
available, it shall be used. Any rate factors based on the filed cost report
may be retroactively adjusted upon completion of the audit of that cost report.
Sec. 4-717. (1) The department is authorized to pursue reimbursement for
eligible services provided in Michigan schools from the federal Medicaid
program. The department and the state budget director are authorized to
negotiate and enter into agreements, together with the department of education,
with local and intermediate school districts regarding the sharing of federal
Medicaid services funds received for these services. The department is
authorized to receive and disburse funds to participating school districts
pursuant to such agreements and state and federal law.
(2) From the funds appropriated in part 1 for medical services school-based
services payments, the department is authorized to do all of the following:
(a) Finance activities within the medical services administration related to
this project.
(b) Reimburse participating school districts pursuant to the fund-sharing
ratios negotiated in the state-local agreements authorized in subsection (1).
(c) Offset general fund costs associated with the medical services program.
Sec. 4-718. The special Medicaid reimbursement appropriation in part 1 may be
increased if the department submits a medical services state plan amendment
pertaining to this line item at a level higher than the appropriation. The
department is authorized to appropriately adjust financing sources in
accordance with the increased appropriation.
Sec. 4-719. The department shall distribute $1,122,300.00 to an academic health
care system that includes a children's hospital that has a high indigent care
volume.
Article 5
DEPARTMENT OF CORRECTIONS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 5-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of corrections are appropriated for the fiscal
year ending September 30, 2012, and are anticipated to be appropriated for the fiscal
year ending September 30, 2013, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF CORRECTIONS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 16.0 16.0
Full-time equated classified positions................ 15,640.8 15,163.8
GROSS APPROPRIATION..................................... $ 2,012,406,400 $ 2,094,262,600
Total interdepartmental grants and
intradepartmental transfers........................... 943,800 947,800
ADJUSTED GROSS APPROPRIATION............................ $ 2,011,462,600 $ 2,093,314,800
Total federal revenues.................................. 7,995,100 8,045,800
Total local revenues.................................... 447,300 447,300
Total private revenues.................................. 0 0
Total other state restricted revenues................... 73,184,000 72,507,900
State general fund/general purpose...................... $ 1,929,836,200 $ 2,012,313,800
Sec. 5-102. PRISON OPERATIONS
Full-time equated classified positions................ 13,268.0 12,791.0
Prison operations....................................... $ 1,571,222,300 $ 1,597,455,200
GROSS APPROPRIATION..................................... $ 1,571,222,300 $ 1,597,455,200
Appropriated from:
Interdepartmental grant revenues........................ 630,600 630,600
Federal revenues........................................ 6,816,200 6,816,200
State restricted revenues............................... 54,338,700 52,871,600
State general fund/general purpose...................... $ 1,509,436,800 $ 1,537,136,800
Schedule of programs:
New custody staff training.......................... 7,094,100 7,094,100
Correctional facilities administration.............. 9,091,500 39,091,500
Prison food service................................. 58,424,200 56,124,200
Transportation...................................... 19,432,200 19,432,200
Central records..................................... 4,338,100 4,338,100
Inmate legal services............................... 715,900 715,900
Loans to parolees................................... 179,400 179,400
Housing inmates in federal institutions............. 793,900 793,900
Prison store operations............................. 1,467,100 0
Prison industries operations........................ 21,325,400 21,325,400
Federal school lunch program........................ 712,800 712,800
Inmate housing fund................................. (18,899,900) (18,899,900)
Education program................................... 34,869,400 34,869,400
Interdepartmental grant to human services,
eligibility specialists........................... 100,000 100,000
Mental health services and support.................. 60,069,200 60,069,200
Prisoner health care................................ 260,408,900 260,408,900
Alger maximum correctional facility - Munising...... 27,543,100 27,543,100
Baraga maximum correctional facility - Baraga....... 31,680,200 31,680,200
Earnest C. Brooks correctional facility - Muskegon.. 46,005,900 46,005,900
Chippewa correctional facility - Kincheloe.......... 48,339,300 48,339,300
Kinross correctional facility - Kincheloe........... 35,643,800 35,643,800
Marquette branch prison - Marquette................. 37,982,700 37,982,700
Muskegon correctional facility - Muskegon........... 30,832,600 30,832,600
Newberry correctional facility - Newberry........... 26,368,600 26,368,600
Oaks correctional facility - Eastlake............... 34,710,400 34,710,400
Ojibway correctional facility - Marenisco........... 19,231,000 19,231,000
Pine River correctional facility – St. Louis........ 40,665,000 40,665,000
Pugsley correctional facility - Kingsley............ 20,662,000 20,662,000
Saginaw correctional facility - Freeland............ 32,312,200 32,312,200
St. Louis correctional facility – St. Louis......... 32,909,400 32,909,400
Northern region administration and support.......... 4,780,300 4,780,300
Bellamy Creek correctional facility - Ionia......... 39,618,800 39,618,800
Carson City correctional facility – Carson City..... 47,984,100 47,984,100
Cooper street correctional facility - Jackson....... 28,397,400 28,397,400
G. Robert Cotton correctional facility - Jackson.... 40,015,100 40,015,100
Charles E. Egeler correctional facility - Jackson... 40,492,900 40,492,900
Richard A. Handlon correctional facility – Ionia.... 24,281,900 24,281,900
Gus Harrison correctional facility - Adrian......... 46,201,300 46,201,300
Huron Valley correctional facility - Ypsilanti...... 59,304,200 59,304,200
Ionia correctional facility – Ionia................. 31,235,200 31,235,200
Lakeland correctional facility - Coldwater.......... 46,376,100 46,376,100
Macomb correctional facility – New Haven............ 30,744,800 30,744,800
Maxey/Woodland Center correctional facility –
Whitmore Lake..................................... 26,453,000 26,453,000
Michigan reformatory - Ionia........................ 33,181,600 33,181,600
Mound correctional facility - Detroit............... 26,010,600 26,010,600
Parnall correctional facility – Jackson............. 27,846,400 27,846,400
Ryan correctional facility - Detroit................ 29,407,300 29,407,300
Thumb correctional facility - Lapeer................ 30,587,200 30,587,200
Special alternative incarceration program
(Camp Cassidy Lake)............................... 11,149,700 11,149,700
Southern region administration and support.......... 22,146,000 22,146,000
Sec. 5-103. FIELD PROGRAMS
Full-time equated classified positions................ 2,161.9 2,161.9
Field programs.......................................... $ 222,153,600 $ 222,153,600
GROSS APPROPRIATION..................................... $ 222,153,600 $ 222,153,600
Appropriated from:
Local revenues.......................................... 447,300 447,300
State restricted revenues............................... 11,124,900 11,124,900
State general fund/general purpose...................... $ 210,581,400 $ 210,581,400
Schedule of programs:
Field operations.................................... 186,796,700 186,796,700
Parole board operations............................. 4,517,400 4,517,400
Community re-entry centers.......................... 14,269,300 14,269,300
Electronic monitoring center........................ 16,570,200 16,570,200
Sec. 5-104. COMMUNITY SUPPORT AND PROGRAMS
Full-time equated classified positions................ 12.0 12.0
Community support and programs.......................... $ 133,262,400 $ 133,262,400
GROSS APPROPRIATION..................................... $ 133,262,400 $ 133,262,400
Appropriated from:
Federal revenues........................................ 1,178,900 1,178,900
State restricted revenues............................... 5,900,000 5,900,000
State general fund/general purpose...................... $ 126,183,500 $ 126,183,500
Schedule of programs:
Prisoner reintegration programs..................... 54,744,700 54,744,700
Substance abuse testing and treatment services...... 24,070,900 24,070,900
Prosecutorial and detainer expenses................. 4,051,000 4,051,000
Community corrections programs...................... 33,823,700 33,823,700
County jail reimbursement program................... 16,572,100 16,572,100
Sec. 5-105. OPERATIONS SUPPORT
Full-time equated unclassified positions.............. 16.0 16.0
Full-time equated classified positions................ 198.9 198.9
Operations support...................................... $ 85,768,100 $ 141,391,400
GROSS APPROPRIATION..................................... $ 85,768,100 $ 141,391,400
Appropriated from:
Interdepartmental grant revenues........................ 313,200 317,200
Federal revenues........................................ 0 50,700
State restricted revenues............................... 1,820,400 2,611,400
State general fund/general purpose...................... $ 83,634,500 $ 138,412,100
Schedule of programs:
Unclassified positions.............................. 1,367,600 1,367,600
Executive direction................................. 6,010,100 6,010,100
Neal, et al. settlement agreement................... 15,000,000 20,000,000
Operations support administration................... 4,564,700 4,564,700
Compensatory buyout and union leave bank............ 100 100
Worker’s compensation............................... 16,278,900 16,278,900
Bureau of fiscal management......................... 9,382,300 9,382,300
Office of legal services............................ 2,345,100 2,345,100
Internal affairs.................................... 1,219,300 1,219,300
Rent................................................ 2,095,200 2,095,200
Equipment and special maintenance................... 2,425,500 2,425,500
Administrative hearings officers.................... 2,682,900 2,682,900
Judicial data warehouse user fees................... 50,000 50,000
Sheriff’s coordinating and training office.......... 500,000 500,000
Information technology services and projects........ 21,846,400 21,846,400
Active and retiree insurance and pension adjustment. 0 50,623,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 5-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $2,003,020,200.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $90,193,500.00. The itemized statement
below identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF CORRECTIONS
Field programs – assumption of county probation....................... $ 53,642,400
Prison operations - public service work projects...................... 707,800
Community support and programs........................................ 35,843,300
TOTAL................................................................. $ 90,193,500
Sec. 5-202. As used in this act:
(a) "Administrative segregation" means confinement for maintenance of order or
discipline to a cell or room apart from accommodations provided for inmates who are
participating in programs of the facility.
(b) "Department" or "MDOC" means the Michigan department of corrections.
(c) "FY" means fiscal year.
(d) "HIV" means human immunodeficiency virus.
(e) "Jail" means a facility operated by a local unit of government for the
physical detention and correction of persons charged with or convicted of criminal
offenses.
(f) "MDCH" means the Michigan department of community health.
(g) "MPRI" means the Michigan prisoner reentry initiative.
(h) "Serious mental illness" means that term as defined in section 100d(3) of
the mental health code, 1974 PA 328, MCL 330.1100d.
Sec. 5-203. The department may charge fees and collect revenues in excess of
appropriations in part 1 not to exceed the cost of offender services and programming,
employee meals, parolee loans, academic/vocational services, custody escorts,
compassionate visits, and union steward activities, and public works programs and
services provided to local units of government. The revenues and fees collected are
appropriated for all expenses associated with these services and activities.
Sec. 5-204. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $10,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this bill under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this bill under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $2,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 5-205. The department shall submit 3-year and 5-year prison population
projection updates concurrent with submission of the executive budget to the senate
and house appropriations subcommittees on corrections, the senate and house fiscal
agencies, and the state budget director. The report shall include explanations of the
methodology and assumptions used in developing the projection updates.
Sec. 5-206. The department shall measure the recidivism rates of offenders
using at least a 3-year period following their release from prison.
Sec. 5-207. (1) The department shall administer a county jail reimbursement
program from the funds appropriated in part 1 for the purpose of reimbursing counties
for housing in jails certain felons who otherwise would have been sentenced to prison.
(2) Counties shall be given the option of choosing from 1 of 2 eligibility and
reimbursement standards as described in this subsection for the county jail
reimbursement program. The department shall submit to each county a county jail
reimbursement application form by October 1, 2011 that explains the 2 eligibility and
reimbursement standards and shall request that the county submit a decision to the
department regarding the standard it elects to utilize for the operation of the
county's program. Counties shall submit their decision to the department by October
15, 2011, and shall not be allowed to revise this decision after submission. A county
shall not be reimbursed for any services provided after October 15, 2011 unless that
county has submitted a decision on the eligibility and reimbursement standards to the
department. The department shall offer counties the option to choose between the
eligibility and reimbursement standards outlined below:
(a) The standards outlined in subsections (2) and (3) of section 414 of 2008 PA
245 as outlined below:
(i) The county jail reimbursement program shall reimburse counties for housing
and custody of convicted felons if the conviction was for a crime committed on or
after January 1, 1999 and 1 of the following applies:
(A) The felon's sentencing guidelines recommended range upper limit is more
than 18 months, the felon's sentencing guidelines recommended range lower limit is 12
months or less, the felon's prior record variable score is 35 or more points, and the
felon's sentence is not for commission of a crime in crime class G or crime class H
under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to
777.69.
(B) The felon's minimum sentencing guidelines range minimum is more than 12
months under the sentencing guidelines described in sub-subparagraph (A).
(ii) State reimbursement under this subdivision for prisoner housing and
custody expenses per diverted offender shall be $43.50 per diem for up to a 1-year
total.
(b) The standards outlined and defined in subsections (2), (3), and (6) of
section 301 of 2010 PA 89 as outlined below:
(i) The county jail reimbursement program shall reimburse counties for
convicted felons in the custody of the sheriff if the conviction was for a crime
committed on or after January 1, 1999 and 1 of the following applies:
(A) The felon's sentencing guidelines recommended range upper limit is more
than 18 months, the felon's sentencing guidelines recommended range lower limit is 12
months or less, the felon's prior record variable score is 35 or more points, and the
felon's sentence is not for commission of a crime in crime class G or crime class H or
a nonperson crime in crime class F under chapter XVII of the code of criminal
procedure, 1927 PA 175, MCL 777.1 to 777.69.
(B) The felon's minimum sentencing guidelines range minimum is more than 12
months under the sentencing guidelines described in sub-subparagraph (A).
(C) The felon was sentenced to jail for a felony committed while he or she was
on parole and under the jurisdiction of the parole board and for which the sentencing
guidelines recommended range for the minimum sentence has an upper limit of more than
18 months.
(ii) State reimbursement under this subdivision shall be $60.00 per diem per
diverted offender for offenders with a presumptive prison guideline score, $50.00 per
diem per diverted offender for offenders with a straddle cell guideline for a group 1
crime, and $35.00 per diem per diverted offender for offenders with a straddle cell
guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-
year total.
(iii) As used in this subdivision:
(A) "Group 1 crime" means a crime in 1 or more of the following offense
categories: arson, assault, assaultive other, burglary, criminal sexual conduct,
homicide or resulting in death, other sex offenses, robbery, and weapon possession as
determined by the department of corrections based on specific crimes for which
counties received reimbursement under the county jail reimbursement program in fiscal
year 2007 and fiscal year 2008, and listed in the county jail reimbursement program
document titled "FY 2007 and FY 2008 Group One Crimes Reimbursed", dated March 31,
2009.
(B) "Group 2 crime" means a crime that is not a group 1 crime, including
larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of
property, controlled substance offense, felony drunk driving, and other nonassaultive
offenses.
(C) "In the custody of the sheriff" means that the convicted felon has been
sentenced to the county jail and is either housed in the county jail or has been
released from jail and is being monitored through the use of the sheriff’s electronic
monitoring system.
(3) County jail reimbursement program expenditures shall not exceed the amount
appropriated in part 1 for the county jail reimbursement program. Payments to counties
under the county jail reimbursement program shall be made in the order in which
properly documented requests for reimbursements are received. A request shall be
considered to be properly documented if it meets MDOC requirements for documentation.
By October 15, 2011, the department shall distribute the documentation requirements to
all counties.
Sec. 5-208. (1) The department shall provide weekly electronic mail reports to
the senate and house appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director on prisoner, parolee, and probationer
populations by facility, and prison capacities.
(2) The department shall provide quarterly electronic mail reports to the
senate and house appropriations subcommittees on corrections, the senate and house
fiscal agencies, and the state budget director. The reports shall include information
on end-of-month prisoner populations in county jails, the net operating capacity
according to the most recent certification report, identified by date, and end-of-
month data, year-to-date data, and comparisons to the prior year for the following:
(a) Community residential program populations, separated by centers and
electronic monitoring.
(b) Parole populations.
(c) Probation populations, with identification of the number in special
alternative incarceration.
(d) Prison and camp populations, with separate identification of the number in
special alternative incarceration and the number of lifers.
(e) Parole board activity, including the numbers and percentages of parole
grants and parole denials.
(f) Prisoner exits, identifying transfers to community placement, paroles from
prisons and camps, paroles from community placement, total movements to parole, prison
intake, prisoner deaths, prisoners discharging on the maximum sentence, and other
prisoner exits.
(g) Prison intake and returns, including probation violators, new court
commitments, violators with new sentences, escaper new sentences, total prison intake,
returns from court with additional sentences, community placement returns, technical
parole violator returns, and total returns to prison and camp.
Sec. 5-209. From the funds appropriated in part 1 for prosecutorial and
detainer expenses, the department shall reimburse counties for housing and custody of
parole violators and offenders being returned by the department from community
placement who are available for return to institutional status and for prisoners who
volunteer for placement in a county jail.
Sec. 5-210. Funds included in part 1 for the sheriffs' coordinating and
training office are appropriated for and may be expended to defray costs of continuing
education, certification, recertification, decertification, and training of local
corrections officers, the personnel and administrative costs of the sheriffs'
coordinating and training office, the local corrections officers advisory board, and
the sheriffs' coordinating and training council under the local corrections officers
training act, 2003 PA 125, MCL 791.531 to 791.546.
Sec. 5-211. (1) All prisoners, probationers, and parolees involved with the
electronic tether program shall reimburse the department for costs associated with
their participation in the program where possible.
(2) Program participant contributions and local community tether program
reimbursement for the electronic tether program appropriated in part 1 are related to
program expenditures and may be used to offset expenditures for this purpose.
(3) Included in the appropriation in part 1 is adequate funding to implement
the community tether program to be administered by the department. The community
tether program is intended to provide sentencing judges and county sheriffs in
coordination with local community corrections advisory boards access to the state's
electronic tether program to reduce prison admissions and improve local jail
utilization. The department shall determine the appropriate distribution of the tether
units throughout the state based upon locally developed comprehensive corrections
plans under the community corrections act, 1988 PA 511, MCL 791.401 to 791.414.
(4) For a fee determined by the department, the department shall provide
counties with the tether equipment, replacement parts, administrative oversight of the
equipment's operation, notification of violators, and periodic reports regarding
county program participants. Counties are responsible for tether equipment
installation and service. For an additional fee as determined by the department, the
department shall provide staff to install and service the equipment. Counties are
responsible for the coordination and apprehension of program violators.
(5) Any county with tether charges outstanding over 60 days shall be considered
in violation of the community tether program agreement and lose access to the program.
Sec. 5-212. The department shall report quarterly to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, and
the state budget director on prisoner health care utilization. The report shall
include the number of inpatient hospital days, outpatient visits, and emergency room
visits in the previous quarter and since October 1, 2011, by facility.
Sec. 5-213. The bureau of health care services shall develop information on
hepatitis C and HIV prevention and the risks associated with exposure to hepatitis C
and HIV. The health care providers shall disseminate this information verbally and in
writing to each prisoner at the health screening and full health appraisal conducted
at admissions, at the annual health care screening 30 days before or after a
prisoner's birthday, and prior to release to the community by parole, transfer to
community residential placement, or discharge on the maximum sentence.
Sec. 5-214. (1) From the funds appropriated in part 1, the department shall
require a hepatitis C antibody test and an HIV test for each prisoner prior to release
to the community by parole, transfer to community residential placement, or discharge
on the maximum sentence. The department shall require an HIV test and a hepatitis C
risk factor screening for each prisoner at the health screening at admissions. If
hepatitis C risk factors are identified, the department shall offer the prisoner a
hepatitis C antibody test. An explanation of results of the tests shall be provided
confidentially to the prisoner, and if appropriate based on the test results, the
prisoner shall also be provided a recommendation to seek follow-up medical attention.
(2) By March 1, 2012, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house appropriations
subcommittees on community health, the senate and house fiscal agencies, and the state
budget director on the number of offenders tested and the number of offenders testing
positive for HIV, the hepatitis C antibody, or both, at prison admission and parole,
transfer to community residential placement, or discharge on the maximum sentence. The
department shall keep records of those offenders testing positive for HIV, the
hepatitis C antibody, or both, at prison admission, parole, transfer to community
residential placement, and discharge. These records shall clearly state the date each
test was performed.
(3) As a condition of expenditure of the funds appropriated in part 1, the
department shall keep records of the following:
(a) The number of offenders testing positive for the hepatitis C antibody who
do not receive treatment due to refusal of treatment.
(b) Cost and duration of treatment by offender as allowable by privacy law.
Sec. 5-215. The department, in conjunction with efforts to implement the MPRI,
shall cooperate with the MDCH to share data and information as they relate to
prisoners being released who are HIV positive or positive for the hepatitis C
antibody. By March 1, 2012, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal agencies, and
the state budget director on all of the following:
(a) Programs and the location of programs implemented as a result of the work
under this section.
(b) The number of prisoners released to the community by parole, discharge on
the maximum sentence, or transfer to community residential placement who are HIV
positive, positive for the hepatitis C antibody, or both.
(c) The number of paroling offenders who are HIV or hepatitis C positive by
paroling office as reported to the state department of community health for referral
to the local public health department.
Sec. 5-216. The department shall evaluate all prisoners at intake for substance
abuse disorders, developmental disorders, serious mental illness, and other mental
health disorders. Prisoners with serious mental illness shall not be confined in
administrative segregation due to serious mental illness. Under the supervision of a
mental health professional, a prisoner with serious mental illness may be secluded in
a therapeutic environment for the safety of the prisoner or others. A prisoner in
therapeutic seclusion shall be evaluated by a mental health professional at a
frequency defined in the mental health code to remain in therapeutic seclusion.
Article 6
DEPARTMENT OF EDUCATION
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 6-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of education are appropriated for the fiscal
year ending September 30, 2012, and are anticipated to be appropriated for the fiscal
year ending September 30, 2013, from the funds indicated in this part. The following
is a summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 553.0 553.0
GROSS APPROPRIATION..................................... $ 113,943,300 $ 115,389,400
Total interdepartmental grants and
intradepartmental transfers........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 113,943,300 $ 115,389,400
Total federal revenues.................................. 77,929,200 78,869,000
Total local revenues.................................... 7,159,200 7,269,600
Total private revenues.................................. 3,044,400 3,053,700
Total other state restricted revenues................... 7,166,300 7,313,600
State general fund/general purpose...................... $ 18,644,200 $ 18,883,500
Sec. 6-102. LEADERSHIP AND ADMINISTRATION
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 33.6 33.6
Leadership and administration........................... $ 12,487,000 $ 13,933,100
GROSS APPROPRIATION..................................... $ 12,487,000 $ 13,933,100
Appropriated from:
Federal revenues........................................ 5,800,700 6,740,500
Local revenues.......................................... 76,500 186,900
Private revenues........................................ 28,100 37,400
State restricted revenues............................... 1,828,300 1,975,600
State general fund/general purpose...................... $ 4,753,400 $ 4,992,700
Schedule of programs:
State board of education, per diem payments......... 24,400 24,400
Unclassified positions.............................. 515,600 515,600
State board/superintendent operations............... 1,695,600 1,695,600
Central support operations.......................... 3,120,600 3,120,600
Worker’s compensation............................... 54,000 54,000
Building occupancy charges – property
management services............................... 2,728,200 2,728,200
Tenant rent......................................... 261,000 261,000
Training and orientation workshops.................. 150,000 150,000
Terminal leave payments............................. 554,700 554,700
Information technology operations................... 3,332,900 3,332,900
Department of attorney general...................... 50,000 50,000
Active and retiree insurance and pension adjustment. 0 1,446,100
Sec. 6-103. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Full-time equated classified positions................ 109.0 109.0
Michigan schools for the deaf and blind................. $ 14,377,100 $ 14,377,100
GROSS APPROPRIATION..................................... $ 14,377,100 $ 14,377,100
Appropriated from:
Federal revenues........................................ 6,326,700 6,326,700
Local revenues.......................................... 7,071,000 7,071,000
Private revenues........................................ 760,800 760,800
State restricted revenues............................... 218,600 218,600
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Michigan schools for the deaf and blind operations.. 13,632,000 13,632,000
Camp tuhsmeheta..................................... 295,100 295,100
Private gifts-blind................................. 200,000 200,000
Private gifts-deaf.................................. 250,000 250,000
Sec. 6-104. LIBRARY SERVICES
Full-time equated classified positions................ 34.0 34.0
Library services........................................ $ 13,766,300 $ 13,766,300
GROSS APPROPRIATION..................................... $ 13,766,300 $ 13,766,300
Appropriated from:
Federal revenues........................................ 5,562,100 5,562,100
State general fund/general purpose...................... $ 8,204,200 $ 8,204,200
Schedule of programs:
Library of Michigan operations...................... 3,808,500 3,808,500
Library services and technology program............. 5,562,100 5,562,100
State aid to libraries.............................. 3,445,700 3,445,700
Michigan eLibrary................................... 950,000 950,000
Sec. 6-105. SCHOOL SUPPORT SERVICES
Full-time equated classified positions................ 315.3 315.3
School support services................................. $ 62,321,700 $ 62,321,700
GROSS APPROPRIATION..................................... $ 62,321,700 $ 62,321,700
Appropriated from:
Federal revenues........................................ 50,535,200 50,535,200
Local revenues.......................................... 11,700 11,700
Private revenues........................................ 2,255,500 2,255,500
State restricted revenues............................... 5,119,400 5,119,400
State general fund/general purpose...................... $ 4,399,900 $ 4,399,900
Schedule of programs:
Special education operations........................ 7,909,900 7,909,900
Professional preparation operations................. 5,632,500 5,632,500
Early childhood education and family services
operations........................................ 4,295,700 4,295,700
State aid and school finance operations............. 985,400 985,400
Audit operations.................................... 541,800 541,800
Administrative law operations....................... 1,044,800 1,044,800
Grants administration and school support
services operations............................... 10,844,900 10,844,900
College access challenge grant program.............. 4,293,200 4,293,200
Federal and private grants.......................... 3,000,000 3,000,000
Field services operations........................... 9,302,700 9,302,700
Educational improvement and innovation operations... 10,351,100 10,351,100
Career and technical education operations........... 4,119,700 4,119,700
Sec. 6-106. STUDENT ASSESSMENT
Full-time equated classified positions................ 61.1 61.1
Student assessment...................................... $ 10,991,200 $ 10,991,200
GROSS APPROPRIATION..................................... $ 10,991,200 $ 10,991,200
Appropriated from:
Federal revenues........................................ 9,704,500 9,704,500
State general fund/general purpose...................... $ 1,286,700 $ 1,286,700
Schedule of programs:
Educational assessment operations................... 10,991,200 10,991,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 6-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for the fiscal year
ending September 30, 2012 is $25,810,500.00 and state spending from state resources to
be paid to local units of government for the fiscal year ending September 30, 2012 is
$3,445,700.00. The itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF EDUCATION
Library services...................................................... $ 3,445,700
TOTAL................................................................. $ 3,445,700
Sec. 6-202. As used in this act:
(a) "Department" means the Michigan department of education.
(b) "District" means a local school district as defined in section 6 of the
revised school code, 1976 PA 451, MCL 380.6, or a public school academy as defined in
section 5 of the revised school code, 1976 PA 451, MCL 380.5.
Sec. 6-203. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $5,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this article 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 $700,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this article 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 $250,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article 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 $3,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this article under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
LEADERSHIP AND ADMINISTRATION
Sec. 6-301. (1) The appropriations in part 1 for leadership and administration
may be used for per diem payments to the state board for meetings at which a quorum is
present or for performing official business authorized by the state board. The per
diem payments shall be at a rate as follows:
(a) State board of education - president - $110.00 per day.
(b) State board of education - member other than president - $100.00 per day.
(2) A state board of education member shall not be paid a per diem for more
than 30 days per year.
Sec. 6-302. From the amount appropriated in part 1 for leadership and
administration, not more than $35,000.00 shall be expended for in-state travel and
out-of-state travel directly related to the duties of the state board of education.
MICHIGAN SCHOOLS FOR THE DEAF AND BLIND
Sec. 6-401. For each student enrolled at the Michigan schools for the deaf and
blind, the department shall assess the intermediate school district of residence 100%
of the cost of operating the student's instructional program. The amount shall exclude
room and board related costs and the cost of weekend transportation between the school
and the student's home.
Sec. 6-402. (1) The department may assess rent or lease excess property located
on the campus of the Michigan schools for the deaf and blind in Flint to private or
publicly funded organizations.
(2) From the amount appropriated in part 1 for leadership and administration,
the department may receive and expend funds from lease agreements at the Michigan
schools for the deaf and blind Flint campus that have been negotiated with the
approval of the department of technology, management, and budget. These funds shall be
used for the operation, maintenance, and renovation expenses associated with the
leased space.
(3) From the unexpended balances of appropriations for the Michigan schools for
the deaf and blind, up to $250,000.00 of any unexpended and unencumbered funds
remaining on September 30, 2012 may be carried forward as a work project and expended
for special maintenance and repairs of facilities at the campus of the Michigan
schools for the deaf and blind in Flint. The work shall be carried out by state
employees, or by contract as necessary, at an estimated cost of $250,000.00. The
estimated completion date of the work is September 30, 2013.
(4) From the appropriation in part 1 for leadership and administration, up to
$100,000.00 of any unexpended and unencumbered funds remaining on September 30, 2012
may be carried forward as a work project or as restricted revenue and expended for
special maintenance and repairs of facilities at Fay hall. The work project may be
performed by state employees, or by contract when necessary, at an estimated cost of
$100,000.00. The estimated completion date of the work project is September 30, 2013.
Sec. 6-403. (1) The Michigan schools for the deaf and blind may promote its
residential program as a possible appropriate option for children who are deaf or hard
of hearing or who are blind or visually impaired. The Michigan schools for the deaf
and blind shall distribute information detailing its services to all intermediate
school districts in the state.
(2) Upon knowledge of or recognition by an intermediate school district that a
child in the district is deaf or hard of hearing or blind or visually impaired, the
intermediate school district shall provide to the parents of the child the literature
distributed by the Michigan schools for the deaf and blind to intermediate school
districts under subsection (1).
(3) Parents will continue to have a choice regarding the educational placement
of their deaf or hard-of-hearing children.
Sec. 6-404. Revenue received by the Michigan schools for the deaf and blind
from gifts, bequests, and donations that is unexpended at the end of the state fiscal
year may be carried over to the succeeding fiscal year and shall not revert to the
general fund.
LIBRARY SERVICES
Sec. 6-501. In addition to the funds appropriated in part 1 for library
services, the funds collected by the department for document reproduction and
services; conferences, workshops, and training classes; and the use of specialized
equipment, facilities, and software are appropriated for all expenses necessary to
provide the required services. These funds are available for expenditure when they are
received and may be carried forward into the next succeeding fiscal year.
SCHOOL SUPPORT services
Sec. 6-601. The department shall authorize teacher preparation institutions to
provide an alternative program by which up to 1/2 of the required student internship
or student teaching credits may be earned through substitute teaching. The department
shall require that teacher preparation institutions collaborate with school districts
to ensure that the quality of instruction provided to student teachers is comparable
to that required in a traditional student teaching program.
Sec. 6-602. Revenue received from teacher testing fees that is unexpended at
the end of the state fiscal year may be carried over to the succeeding fiscal year and
shall not revert to the general fund.
Sec. 6-603. The college access challenge grant program is a work project as
provided in section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a,
and as follows and as such appropriations in part 1 for school support services
allocated for the program shall not lapse at the end of the fiscal year but shall
continue to be available for expenditure until the project has been completed:
(a) The purpose of the project is to provide assistance and training to
Michigan families, counselors, teachers, and community leaders in applying for
and securing funds for college to low-income students.
(b) The project will be accomplished by state employees and/or by contracts
with private vendors.
(c) The total estimated cost of the project is $8,571,000.00.
(d) The tentative completion date of the project is September 30, 2015.
Article 7
DEPARTMENT OF ENERGY, LABOR AND ECONOMIC GROWTH
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 7-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of energy, labor and economic growth are appropriated
for the fiscal year ending September 30, 2012, and are anticipated to be appropriated
for the fiscal year ending September 30, 2013, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations in
this part:
DEPARTMENT OF ENERGY, LABOR AND ECONOMIC GROWTH
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 53.5 53.5
Full-time equated classified positions................ 4,362.5 4,362.5
GROSS APPROPRIATION..................................... $ 1,272,142,500 $ 1,285,148,800
Total interdepartmental grants and
intradepartmental transfers........................... 12,673,500 13,037,900
ADJUSTED GROSS APPROPRIATION............................ $ 1,259,469,000 $ 1,272,110,900
Total federal revenues.................................. 839,727,100 846,545,000
Total local revenues.................................... 12,293,400 12,293,400
Total private revenues.................................. 4,576,500 4,576,500
Total other state restricted revenues................... 359,335,700 364,585,300
State general fund/general purpose...................... $ 43,536,300 $ 44,110,700
Sec. 7-102. ADMINISTRATION
Full-time equated unclassified positions.............. 53.5 53.5
Full-time equated classified positions................ 154.0 154.0
Administration.......................................... $ 91,107,300 $ 104,113,600
GROSS APPROPRIATION..................................... $ 91,107,300 $ 104,113,600
Appropriated from:
Interdepartmental grant revenues........................ 300,000 664,400
Federal revenues........................................ 48,906,300 55,724,200
Local revenues.......................................... 130,900 130,900
Private revenues........................................ 200,000 200,000
State restricted revenues............................... 39,721,300 44,970,900
State general fund/general purpose...................... $ 1,848,800 $ 2,423,200
Schedule of programs:
Unclassified salaries............................... 4,177,900 4,177,900
Executive director programs......................... 5,859,600 5,859,600
Administrative services............................. 10,869,500 10,869,500
Property management................................. 11,466,200 11,466,200
Rent................................................ 12,675,800 12,675,800
Worker’s compensation............................... 758,700 758,700
Special project advances............................ 200,000 200,000
Information technology services and projects........ 45,099,600 45,099,600
Active and retiree insurance and pension adjustment. 0 13,006,300
Sec. 7-103. REGULATORY AND CONSUMER PROTECTION
Full-time equated classified positions................ 1,661.0 1,661.0
Regulatory and consumer protection...................... $ 343,667,500 $ 343,667,500
GROSS APPROPRIATION..................................... $ 343,667,500 $ 343,667,500
Appropriated from:
Interdepartmental grant revenues........................ 12,373,500 12,373,500
Federal revenues........................................ 29,108,900 29,108,900
Private revenues........................................ 30,000 30,000
State restricted revenues............................... 300,934,500 300,934,500
State general fund/general purpose...................... $ 1,220,600 $ 1,220,600
Schedule of programs:
Office of financial and insurance regulation........ 60,471,500 60,471,500
Public service commission........................... 27,158,500 27,158,500
Bureau of energy systems............................ 7,147,200 7,147,200
METRO authority..................................... 355,900 355,900
Michigan liquor control commission.................. 18,613,500 18,613,500
Bureau of construction codes........................ 24,556,900 24,556,900
Bureau of fire services............................. 5,603,700 5,603,700
Commercial services................................. 18,980,400 18,980,400
Occupational safety and health...................... 28,561,900 28,561,900
Wage and hour division.............................. 3,366,700 3,366,700
Tax tribunal operations............................. 3,149,000 3,149,000
Employment and labor relations...................... 3,745,000 3,745,000
Administrative hearings and rules................... 24,833,400 24,833,400
Fire protection grants.............................. 9,273,900 9,273,900
Low-income energy efficiency assistance............. 95,000,000 95,000,000
Liquor law enforcement grants....................... 6,600,000 6,600,000
Remonumentation grants.............................. 5,300,000 5,300,000
Utility consumer representation..................... 950,000 950,000
Sec. 7-104. WORKER AND UNEMPLOYMENT COMPENSATION
Full-time equated classified positions................ 1,530.0 1,530.0
Worker and unemployment compensation.................... $ 164,908,100 $ 164,908,100
GROSS APPROPRIATION..................................... $ 164,908,100 $ 164,908,100
Appropriated from:
Federal revenues........................................ 146,187,800 146,187,800
State restricted revenues............................... 12,843,800 12,843,800
State general fund/general purpose...................... $ 5,876,500 $ 5,876,500
Schedule of programs:
Worker’s compensation agency........................ 14,972,400 14,972,400
Board of magistrates................................ 2,247,900 2,247,900
Unemployment insurance agency....................... 145,195,400 145,195,400
MES board of review program......................... 2,492,400 2,492,400
Sec. 7-105. WORKFORCE DEVELOPMENT
Full-time equated classified positions................ 1,017.5 1,017.5
Workforce development................................... $ 672,459,600 $ 672,459,600
GROSS APPROPRIATION..................................... $ 672,459,600 $ 672,459,600
Appropriated from:
Federal revenues........................................ 615,524,100 615,524,100
Local revenues.......................................... 12,162,500 12,162,500
Private revenues........................................ 4,346,500 4,346,500
State restricted revenues............................... 5,836,100 5,836,100
State general fund/general purpose...................... $ 34,590,400 $ 34,590,400
Schedule of programs:
Labor market information............................ 6,676,900 6,676,900
Employment services................................. 49,586,000 49,586,000
Michigan rehabilitation services.................... 71,720,500 71,720,500
Workforce programs administration................... 12,904,800 12,904,800
Postsecondary education............................. 3,243,500 3,243,500
Adult education..................................... 2,599,100 2,599,100
Hispanic/Latino commission.......................... 206,700 206,700
Disability concerns commission...................... 1,186,100 1,186,100
Commission for the blind............................ 26,728,500 26,728,500
Adult basic education............................... 20,000,000 20,000,000
Carl D. Perkins grants.............................. 19,000,000 19,000,000
Gear-up program grants.............................. 3,000,000 3,000,000
Workforce training programs subgrantees............. 296,478,600 296,478,600
Personal assistance services........................ 459,500 459,500
Vocational rehabilitation customer support.......... 56,908,400 56,908,400
Independent living.................................. 4,908,600 4,908,600
Welfare-to-work programs............................ 93,158,800 93,158,800
Private grant programs.............................. 3,000,000 3,000,000
Subregional libraries state aid..................... 451,800 451,800
Youth low-vision program............................ 241,800 241,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 7-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $402,872,000.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $37,090,500.00. The itemized statement
below identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF ENERGY, LABOR AND ECONOMIC GROWTH
Regulatory and consumer protection.................................... $ 21,413,900
Workforce development................................................. 15,676,600
TOTAL................................................................. $ 37,090,500
Sec. 7-202. As used in this act:
(a) "Department" means the department of energy, labor and economic growth.
(b) "Fiscal agencies" means Michigan house fiscal agency and Michigan senate
fiscal agency.
(c) "MES" means Michigan employment security.
(d) "METRO" means metropolitan extension telecommunications rights-of-way oversight.
Sec. 7-203. The department may carry into the succeeding fiscal year unexpended
federal pass-through funds to local institutions and governments that do not require
additional state matching funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those included in part 1 and
that do not require additional state matching funds are appropriated for the purposes
intended.
Sec. 7-204. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $45,000,000.00 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 $31,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this act under section 393(2) of the management and budget act, 1984 PA
431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $8,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this act under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $600,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this act under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 7-205. (1) The department shall sell documents at a price not to exceed
the cost of production and distribution. Money received from the sale of these
documents shall revert to the department. In addition to the funds appropriated in
part 1, these funds are available for expenditure when they are received by the
department of treasury and may only be used for costs directly related to the
continued updating and distribution of the documents pursuant to this section. This
subsection applies only for the following documents:
(a) Corporation and securities division documents, reports, and papers required
or permitted by law pursuant to section 1060(5) of the business corporation act, 1972
PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary commission operations
manual, and other local government assistance manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to
436.2303.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2349; the
business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit
corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act
(2002), 2008 PA 551, MCL 451.2101 to 451.2703.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds collected by the
department under sections 55, 57, 58, and 59 of the administrative procedures
act of 1969, 1969 PA 306, MCL 24.255, 24.257, 24.258, and 24.259, and section
203 of the legislative council act, 1986 PA 268, MCL 4.1203, are appropriated
for all expenses necessary to provide for the cost of publication and
distribution. The funds appropriated under this section are allotted for
expenditure when they are received by the department of treasury and shall not
lapse to the general fund at the end of the fiscal year.
REGULATORY AND CONSUMER PROTECTION
Sec. 7-301. Money appropriated under this act for the bureau of fire services
shall not be expended unless, in accordance with section 2c of the fire prevention
code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be charged
according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 7-302. The funds collected by the department for licenses, permits, and
other elevator regulation fees set forth in the Michigan administrative code and as
determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA
227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry
forward to the subsequent fiscal year.
Sec. 7-303. The department may make available to interested entities otherwise
unavailable customized listings of nonconfidential information in its possession, such
as names and addresses of licensees, and charge for this information as follows: base
fee for 1 to 1,000 records at the cost to the department; 1,001 to 10,000 records at
2.5 cents per record; and 10,001 or more records at .5 cents per record. The revenue
received from this service may be used to offset expenses of programs as appropriated
in part 1. The balance of this revenue collected and unexpended at the end of the
fiscal year shall revert to the appropriate restricted revenue account or fund or, in
absence of such an account or fund, to the general fund.
Sec. 7-304. If the revenue collected by the department from licensing and
regulation fees collected by the bureau of commercial services exceeds the amount
expended from appropriations in part 1, the revenue may be carried forward into the
subsequent fiscal year. The revenue carried forward under this section shall be used
as the first source of funds in the subsequent fiscal year.
Sec. 7-305. The funds collected from public utilities for low-income energy
efficiency fund grants as provided under orders issued by the public service
commission pursuant to 1939 PA 3, MCL 460.1 to 460.11, that are unexpended at the end
of the fiscal year may carry forward to the subsequent fiscal year.
Sec. 7-306. In addition to the funds appropriated in part 1, the funds
collected by the department from corporations being liquidated pursuant to the
insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, and funds received in
connection with a conservatorship pursuant to section 32 of the mortgage brokers,
lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, shall be appropriated
for all expenses necessary to provide for the required services. These funds are
appropriated 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.
WORKER AND UNEMPLOYMENT COMPENSATION
Sec. 7-401. Funds earned or authorized by the United States department of labor
in excess of the gross appropriation in part 1 for the unemployment insurance
agency and the employment service agency from the United States department of
labor are appropriated and may be expended for staffing and related expenses
incurred in the operation of its programs. These funds may be spent after the
department notifies the state budget director and the subcommittees of the
purpose and amount of each grant award.
WORKFORCE DEVELOPMENT
Sec. 7-501. Revenue collected by the Michigan commission for the blind from
private and local sources that is unexpended at the end of the fiscal year may carry
forward to the subsequent fiscal year.
Sec. 7-502. (1) The funds appropriated in part 1 for a regional or subregional
library shall not be released until a budget for that regional or subregional library
has been approved by the department for expenditures for library services directly
serving the blind and persons with disabilities.
(2) In order to receive subregional state aid as appropriated in part 1, a
regional or subregional library's fiscal agency shall agree to maintain local funding
support at the same level in the current fiscal year as in the fiscal agency's
preceding fiscal year. If a reduction in expenditures equally affects all agencies in
a local unit of government that is the regional or subregional library's fiscal
agency, that reduction shall not be interpreted as a reduction in local support and
shall not disqualify a regional or subregional library from receiving state aid under
part 1. If a reduction in income affects a library cooperative or district library
that is a regional or subregional library's fiscal agency or a reduction in
expenditures for the regional or subregional library's fiscal agency, a reduction in
expenditures for the regional or subregional library shall not be interpreted as a
reduction in local support and shall not disqualify a regional or subregional library
from receiving state aid under part 1.
Sec. 7-503. The department may provide and enter into agreements to provide
general services, training, meetings, information, special equipment, software,
facility use, and technical consulting services to other principal executive
departments, state agencies, local units of government, the judicial branch of
government, other organizations, and patrons of department facilities. The department
may charge fees for these services that are reasonably related to the cost of
providing the services. In addition to the funds appropriated in part 1, funds
collected by the department for these services are appropriated for all expenses
necessary. The funds appropriated under this section are allotted for expenditure when
they are received by the department of treasury.
Sec. 7-504. (1) The department shall publish the "activities classification
structure data book" for Michigan community colleges on or before March 1.
(2) The department shall compile the information received from community
colleges on North American Indian tuition waivers granted pursuant to 1976 PA 174, MCL
390.1251 to 390.1253, and shall submit this compilation to the house and senate
appropriations subcommittees on community colleges, the fiscal agencies, and the state
budget director by February 15.
(3) The department shall compile the information received from community
colleges on the number and types of associate degrees and other certificates awarded
during the previous fiscal year and shall submit this compilation to the house and
senate appropriations subcommittees on community colleges, the fiscal agencies, and
the state budget director by January 15.
Sec. 7-505. The department shall administer the jobs, education, and training
program in accordance with the requirements of section 407(d) of title IV of the
social security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1
to 400.119b, and all other applicable laws and regulations.
Sec. 7-506. In addition to the funds appropriated in part 1, any unencumbered and
unrestricted federal workforce investment act or trade adjustment assistance funds
available from prior fiscal years are appropriated for the purposes originally
intended.
Article 8
DEPARTMENT OF ENVIRONMENTAL QUALITY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 8-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of environmental quality are appropriated for
the fiscal year ending September 30, 2012, and are anticipated to be appropriated for
the fiscal year ending September 30, 2013, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF ENVIRONMENTAL QUALITY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 3.0 3.0
Full-time equated classified positions................ 1,447.1 1,447.1
GROSS APPROPRIATION..................................... $ 405,839,300 $ 410,576,400
Total interdepartmental grants and
intradepartmental transfers........................... 8,918,200 9,075,700
ADJUSTED GROSS APPROPRIATION............................ $ 396,921,100 $ 401,500,700
Total federal revenues.................................. 159,851,500 161,200,300
Total local revenues.................................... 0 0
Total private revenues.................................. 711,800 731,000
Total other state restricted revenues................... 214,866,200 217,494,100
State general fund/general purpose...................... $ 21,491,600 $ 22,075,300
Sec. 8-102. ADMINISTRATION
Full-time equated unclassified positions.............. 3.0 3.0
Full-time equated classified positions................ 132.0 132.0
Administration.......................................... $ 40,688,100 $ 45,425,200
GROSS APPROPRIATION..................................... $ 40,688,100 $ 45,425,200
Appropriated from:
Interdepartmental grant revenues........................ 2,886,900 3,044,400
Federal revenues........................................ 5,173,100 6,521,900
Private revenues........................................ 537,600 556,800
State restricted revenues............................... 27,121,100 29,749,000
State general fund/general purpose...................... $ 4,969,400 $ 5,553,100
Schedule of programs:
Unclassified salaries............................... 285,500 285,500
Executive direction................................. 1,754,900 1,754,900
Office of the Great Lakes........................... 2,697,700 2,697,700
Central support services............................ 3,905,400 3,905,400
Accounting service center........................... 1,224,700 1,224,700
Administrative hearings............................. 489,700 489,700
Automated data processing........................... 2,053,400 2,053,400
Building occupancy charges.......................... 5,985,000 5,985,000
Environmental support projects...................... 5,000,000 5,000,000
Rent-privately owned property....................... 1,960,800 1,960,800
Marketing, education and technology................. 5,171,300 5,171,300
Information technology services and projects........ 7,762,800 7,762,800
Environmental investigations........................ 2,396,900 2,396,900
Active and retiree insurance and pension adjustment. 0 4,737,100
Sec. 8-103. GRANTS
Grants.................................................. $ 134,021,700 $ 134,021,700
GROSS APPROPRIATION..................................... $ 134,021,700 $ 134,021,700
Appropriated from:
Federal revenues........................................ 107,163,000 107,163,000
State restricted revenues............................... 26,858,700 26,858,700
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Coastal management grants........................... 2,000,000 2,000,000
Drinking water program grants....................... 1,330,000 1,330,000
Federal – Great Lakes remedial action plan grants... 700,000 700,000
Federal – nonpoint source water pollution grants.... 6,500,000 6,500,000
Grants to counties – air pollution.................. 83,700 83,700
Great Lakes research and protection grants.......... 250,000 250,000
Noncommunity water grants........................... 1,400,000 1,400,000
Pollution prevention local grants................... 250,000 250,000
Radon grants........................................ 90,000 90,000
Scrap tire grants................................... 3,500,000 3,500,000
Septage waste compliance grants..................... 275,000 275,000
Strategic water quality initiative loans............ 9,600,000 9,600,000
Water quality protection grants..................... 100,000 100,000
Water pollution control & drinking water revolving fund 82,943,000 82,943,000
Great Lakes restoration initiative.................. 25,000,000 25,000,000
Sec. 8-104. WATER RESOURCE
Full-time equated classified positions................ 346.6 346.6
Water resource.......................................... $ 48,543,600 $ 48,543,600
GROSS APPROPRIATION..................................... $ 48,543,600 $ 48,543,600
Appropriated from:
Interdepartmental grant revenues........................ 1,108,100 1,108,100
Federal revenues........................................ 14,048,800 14,048,800
State restricted revenues............................... 22,159,400 22,159,400
State general fund/general purpose...................... $ 11,227,300 $ 11,227,300
Schedule of programs:
Land and water interface permit programs............ 14,538,800 14,538,800
Program direction and project assistance............ 2,775,000 2,775,000
Water withdrawal assessment program................. 756,600 756,600
Expedited water/wastewater permits.................. 434,300 434,300
Fish contaminant monitoring......................... 316,100 316,100
Groundwater discharge............................... 2,868,800 2,868,800
NPDES nonstormwater program......................... 11,690,400 11,690,400
Surface water....................................... 15,163,600 15,163,600
Sec. 8-105. ENVIRONMENTAL RESOURCE MANAGEMENT
Full-time equated classified positions................ 578.5 578.5
Environmental resource management....................... $ 71,536,800 $ 71,536,800
GROSS APPROPRIATION..................................... $ 71,536,800 $ 71,536,800
Appropriated from:
Interdepartmental grant revenues........................ 854,600 854,600
Federal revenues........................................ 23,431,600 23,431,600
State restricted revenues............................... 41,955,700 41,955,700
State general fund/general purpose...................... $ 5,294,900 $ 5,294,900
Schedule of programs:
Air quality programs................................ 24,228,800 24,228,800
Drinking water and environmental health............. 15,098,900 15,098,900
Hazardous waste management program.................. 6,593,200 6,593,200
Low-level radioactive waste authority............... 324,300 324,300
Medical waste program............................... 271,000 271,000
Municipal assistance................................ 6,020,800 6,020,800
Radiological protection program..................... 1,170,300 1,170,300
Scrap tire regulatory program....................... 1,198,600 1,198,600
Oil, gas and mineral services....................... 11,326,500 11,326,500
Sewage sludge land application program.............. 841,600 841,600
Solid waste management program...................... 4,462,800 4,462,800
Sec. 8-106. REMEDIATION
Full-time equated classified positions................ 390.0 390.0
Remediation............................................. $ 111,049,100 $ 111,049,100
GROSS APPROPRIATION..................................... $ 111,049,100 $ 111,049,100
Appropriated from:
Interdepartmental grant revenues........................ 4,068,600 4,068,600
Federal revenues........................................ 10,035,000 10,035,000
Private revenues........................................ 174,200 174,200
State restricted revenues............................... 96,771,300 96,771,300
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Contaminated site investigation, cleanup, and
revitalization.................................... 26,130,600 26,130,600
Federal cleanup project management.................. 9,254,400 9,254,400
Laboratory services................................. 7,702,600 7,702,600
Aboveground storage tank program.................... 856,400 856,400
Underground storage tank program.................... 3,865,100 3,865,100
Emergency cleanup actions........................... 4,000,000 4,000,000
Environmental cleanup support....................... 1,840,000 1,840,000
Environmental cleanup and redevelopment program..... 30,000,000 30,000,000
State sites cleanup program......................... 4,400,000 4,400,000
Refined petroleum product cleanup program........... 20,000,000 20,000,000
Superfund cleanup................................... 3,000,000 3,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 8-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $236,357,800.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $2,175,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
Grants................................................................ $ 2,175,000
Sec. 8-202. As used in this act:
(a) "Department" means the department of environmental quality.
(b) "NPDES" means national pollution discharge elimination system.
Sec. 8-203. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $30,000,000.00 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 $500,000.00 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. 8-204. (1) The department shall report all of the following information
relative to allocations made from appropriations for the environmental cleanup and
redevelopment program, state cleanup, emergency actions, superfund cleanup, the
revitalization revolving loan program, the brownfield grants and loans program, the
leaking underground storage tank cleanup program, the contaminated lake and river
sediments cleanup program, the refined petroleum product cleanup program, and the
environmental protection bond projects under section 19508(7) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget
director, the senate and house appropriations subcommittees on environmental quality,
and the senate and house fiscal agencies:
(a) The name and location of the site for which an allocation is made.
(b) The nature of the problem encountered at the site.
(c) A brief description of how the problem will be resolved if the allocation
is made for a response activity.
(d) The estimated date that site closure activities will be completed.
(e) The amount of the allocation, or the anticipated financing for the site.
(f) A summary of the sites and the total amount of funds expended at the sites
at the conclusion of the fiscal year.
(g) The number of brownfield projects that were successfully redeveloped.
(2) The report prepared under subsection (1) shall also include all of the
following:
(a) The status of all state-owned facilities that are on the list compiled
under part 201 of the natural resources and environmental protection act, 1994 PA 451,
MCL 324.20101 to 324.20142.
(b) The report shall include the total amount of funds expended during the
fiscal year and the total amount of funds awaiting expenditure.
(c) The total amount of bonds issued for the environmental protection bond
program pursuant to part 193 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean
Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(3) The report shall be made available by March 31 of each year.
Sec. 8-205. (1) The department is authorized to expend amounts remaining from
the current and prior fiscal year appropriations to meet funding needs of
legislatively approved sites for the environmental cleanup and redevelopment program,
the leaking underground storage tank cleanup program, and the refined petroleum
product cleanup program.
(2) Unexpended and unencumbered amounts remaining from appropriations from the
environmental protection bond fund contained in 1993 PA 353, 2003 PA 173, and 2006 PA
343 are appropriated for expenditure for any site listed in this act and any site
listed in the public acts referenced in this section.
(3) Unexpended and unencumbered amounts remaining from appropriations from the
cleanup and redevelopment fund contained in 2000 PA 275 and 2002 PA 520 are
appropriated for expenditure for any site listed in this act and any site listed in
the public acts referenced in this section.
(4) Unexpended and unencumbered amounts remaining from appropriations from the
clean Michigan initiative fund - response activities contained in 2000 PA 506, 2001 PA
120, 2004 PA 309, 2004 PA 350, 2005 PA 11, 2006 PA 343, and 2007 PA 121 are
appropriated for expenditure for any site listed in this act and any site listed in
the public acts referenced in this section.
(5) Unexpended and unencumbered amounts remaining from appropriations from the
environmental protection fund contained in 2001 PA 43, 2002 PA 520, and 2003 PA 171
are appropriated for expenditure for any site listed in this act and any site listed
in the public acts referenced in this section.
(6) Unexpended and unencumbered amounts remaining from appropriations from the
refined petroleum fund activities contained in 2010 PA 189, 2005 PA 154, 2007 PA 121,
2008 PA 247, and 2009 PA 118 are appropriated for expenditure for any site listed in
this act and any site listed in the public acts referenced in this section.
Sec. 8-206. Unexpended settlement revenues at the end of the fiscal year may be
carried forward into the settlement fund in the succeeding fiscal year up to a maximum
carryforward of $2,500,000.00.
REMEDIATION
Sec. 8-301. Revenues remaining in the interdepartmental transfers, laboratory
services at the end of the fiscal year shall carry forward into the succeeding fiscal
year.
Sec. 8-302. The unexpended funds appropriated in part 1 for emergency cleanup
actions and the refined petroleum product cleanup program are considered work project
appropriations and any unencumbered or unallotted funds are carried forward into the
succeeding fiscal year. The following is in compliance with section 451a(1) of the
management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the projects to be carried forward is to provide
contaminated site cleanup.
(b) The projects will be accomplished by contract.
(c) The total estimated cost of all projects is identified in each line-item
appropriation.
(d) The tentative completion date is September 30, 2016.
Sec. 8-303. Effective October 1, 2011, surplus funds not to exceed
$1,000,000.00 in the cleanup and redevelopment trust fund are hereby appropriated to
the environmental protection fund.
Sec. 8-304. Effective October 1, 2011, surplus funds not to exceed
$1,000,000.00 in the community pollution prevention fund are hereby appropriated to
the environmental protection fund.
Sec. 8-305. Effective October 1, 2011, surplus funds not to exceed
$2,000,000.00 in the small business pollution prevention loan fund are hereby
appropriated to the environmental pollution prevention fund.
Sec. 8-306. Effective October 1, 2011, surplus funds not to exceed
$1,300,000.00 in the small business pollution prevention loan fund are hereby
appropriated to the environmental protection fund.
GRANTS
Sec. 8-401. If a certified health department does not exist in a city, county,
or district or does not fulfill its responsibilities under part 117 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11720,
then the department may spend funds appropriated in part 1 under the septage waste
compliance program in accordance with section 11716 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11716.
Article 9
EXECUTIVE OFFICE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 9-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the executive office are appropriated for the fiscal
year ending September 30, 2012, and are anticipated to be appropriated for the
fiscal year ending September 30, 2013, from the funds indicated in this part.
The following is a summary of the appropriations and anticipated appropriations
in this part:
EXECUTIVE OFFICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 74.2 74.2
GROSS APPROPRIATION..................................... $ 4,399,200 $ 4,399,200
Total interdepartmental grants and
intradepartmental transfers........................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 4,399,200 $ 4,399,200
Total federal revenues.................................. 0 0
Total local revenues.................................... 0 0
Total private revenues.................................. 0 0
Total other state restricted revenues................... 0 0
State general fund/general purpose...................... $ 4,399,200 $ 4,399,200
Sec. 9-102. EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 74.2 74.2
Executive office operations............................. $ 4,399,200 $ 4,399,200
GROSS APPROPRIATION..................................... $ 4,399,200 $ 4,399,200
Appropriated from:
State general fund/general purpose...................... $ 4,399,200 $ 4,399,200
Schedule of programs:
Governor............................................ 159,300 159,300
Lieutenant governor................................. 111,600 111,600
Executive office.................................... 3,278,500 3,278,500
Unclassified positions.............................. 849,800 849,800
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 9-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources from part 1 for fiscal year 2011-2012
is $4,399,200.00 and state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $0.00.
Article 10
DEPARTMENT OF HUMAN SERVICES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 10-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of human services are appropriated for the
fiscal year ending September 30, 2012, and are anticipated to be appropriated for the
fiscal year ending September 30, 2013, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF HUMAN SERVICES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 11,548.5 11,548.5
GROSS APPROPRIATION..................................... $ 6,891,524,700 $ 6,933,869,600
Total interdepartmental grants.......................... 1,243,100 1,256,200
Total intradepartmental transfers....................... 0 0
ADJUSTED GROSS APPROPRIATION............................ $ 6,890,281,600 $ 6,932,613,400
Federal revenues:
Total federal revenues.................................. 5,649,786,500 5,603,777,400
Special revenue fund:
Total private revenues.................................. 16,336,100 16,485,600
Total local revenues.................................... 30,573,600 30,473,200
Total other state restricted revenues................... 97,107,200 97,162,300
State general fund/general purpose...................... $ 1,096,478,200 $ 1,184,714,900
Sec. 10-102. ADMINISTRATION AND FIELD OPERATIONS
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 6,632.2 6,632.2
Administration and field operations..................... 1,031,192,500 $ 1,068,577,600
GROSS APPROPRIATION..................................... $ 1,031,192,500 1,068,577,600
Appropriated from:
Interdepartmental grant revenues........................ 100,000 113,100
Federal revenues........................................ 637,136,200 660,376,600
Private revenues........................................ 14,011,100 14,160,600
Local revenues.......................................... 3,160,700 3,684,100
State restricted revenues............................... 2,886,100 2,941,200
State general fund/general purpose...................... $ 373,898,400 $ 387,302,000
Schedule of programs:
Unclassified salaries............................... 647,900 647,900
Central administration salaries and wages........... 16,364,200 16,364,200
Inspector general salaries and wages................ 7,331,500 7,331,500
AFC, children’s welfare and day care licensure...... 25,598,300 25,598,300
Field staff, salaries and wages..................... 294,203,500 294,203,500
Donated funds positions............................. 17,445,600 17,445,600
Day care training, technology, and oversight........ 2,618,400 2,618,400
Contractual services, supplies, and materials....... 23,664,000 23,664,000
Rent................................................ 47,047,400 47,047,400
Occupancy Charge.................................... 8,228,800 8,228,800
Travel.............................................. 7,216,400 7,216,400
Equipment........................................... 227,300 227,300
Worker’s compensation............................... 3,363,800 3,363,800
Payroll taxes and fringe benefits................... 361,295,600 361,295,600
Advisory commission................................. 17,900 17,900
State office of administrative hearings and rules... 5,931,600 5,931,600
Electronic benefit transfer......................... 13,009,000 13,009,000
Training and program support........................ 3,429,400 3,429,400
Medical/psychiatric evaluations..................... 9,467,600 9,467,600
Volunteer services and reimbursement................ 1,036,100 1,036,100
SSI advocates....................................... 1,600,200 1,600,200
Michigan community services commission.............. 12,161,600 12,161,600
Demonstration projects.............................. 13,950,900 13,950,900
Gifts and bequests.................................. 166,000 166,000
Information technology services and projects........ 109,591,500 109,591,500
Child support automation............................ 45,578,000 45,578,000
Active and retiree insurance and pension
adjustment........................................ 0 37,385,100
Sec. 10-103. ADULT AND FAMILY SERVICES
Full-time equated classified positions................ 1,002.8 1,002.8
Adult and family services............................... $ 360,465,700 $ 360,465,700
GROSS APPROPRIATION..................................... $ 360,465,700 360,465,700
Appropriated from:
Interdepartmental grant revenues........................ 1,143,100 1,143,100
Federal revenues........................................ 328,899,800 328,899,800
Private revenues........................................ 25,000 25,000
Local revenues.......................................... 340,000 340,000
State restricted revenues............................... 3,395,000 3,395,000
State general fund/general purpose...................... $ 26,662,800 $ 26,662,800
Schedule of programs:
Nutrition education................................. 30,000,000 30,000,000
Adult and family services administration............ 7,409,000 7,409,000
Child support enforcement and distribution.......... 206,399,500 206,399,500
Bureau of community action and economic
opportunity operations............................ 2,246,400 2,246,400
Disability determination and medical consultation... 114,410,800 114,410,800
Sec. 10-104. CHILD WELFARE SERVICES
Full-time equated classified positions................ 3,906.5 3,906.5
Child welfare services.................................. $ 1,038,825,800 $ 1,035,085,600
GROSS APPROPRIATION..................................... $ 1,038,825,800 $ 1,035,085,600
Appropriated from:
Federal revenues........................................ 597,812,300 599,968,700
Private revenues........................................ 2,300,000 2,300,000
Local revenues.......................................... 27,072,900 26,449,100
State restricted revenues............................... 5,863,700 5,863,700
State general fund/general purpose...................... $ 405,776,900 $ 400,504,100
Schedule of programs:
Child welfare services administration............... 10,421,800 10,421,800
Child welfare field staff........................... 196,937,100 196,937,100
Child welfare institute............................. 5,696,500 5,696,500
Settlement monitor.................................. 1,625,800 1,625,800
Needs assessment.................................... 4,000,000 0
Foster care payments................................ 206,788,100 204,484,300
Foster care payments – children with serious
emotional disturbance waiver...................... 1,769,000 1,769,000
Guardianship assistance program..................... 2,170,000 2,170,000
Child care fund and administration.................. 206,575,000 206,575,000
Adoption subsidies.................................. 228,696,000 231,956,100
Adoption support services........................... 28,591,000 28,591,000
Youth in transition................................. 11,386,900 11,386,900
Family preservation programs........................ 55,355,100 55,355,100
Children’s trust fund............................... 3,882,300 3,882,300
ECIC, early childhood investment corporation........ 14,623,000 14,623,000
Attorney general contract........................... 3,923,200 3,923,200
Prosecuting attorney contracts...................... 2,561,700 2,561,700
Domestic violence prevention and treatment.......... 14,660,900 14,660,900
Rape prevention services............................ 3,300,000 3,300,000
Child advocacy centers.............................. 1,000,000 1,000,000
Juvenile justice facilities......................... 18,400,500 17,704,000
County juvenile officers............................ 3,904,300 3,904,300
Community support services.......................... 1,600,100 1,600,100
Juvenile justice administration and
maintenance....................................... 4,236,200 4,236,200
Juvenile accountability block grant................. 1,296,000 1,296,000
Committee on juvenile justice....................... 5,425,300 5,425,300
Sec. 10-105. PUBLIC ASSISTANCE
Full-time equated classified positions................ 7.0 7.0
Public assistance....................................... $ 4,461,040,700 $ 4,469,740,700
GROSS APPROPRIATION..................................... $ 4,461,040,700 $ 4,469,740,700
Appropriated from:
Federal revenues........................................ 4,085,938,200 4,014,532,300
State restricted revenues............................... 84,962,400 84,962,400
State general fund/general purpose...................... $ 290,140,100 $ 370,246,000
Schedule of programs:
Food assistance program benefits.................... 3,037,490,800 3,037,490,800
Food assistance program benefits (ARRA)............. 549,632,400 549,632,400
Family independence program......................... 356,863,500 356,863,500
Employment and training support services............ 7,255,800 7,255,800
State disability assistance program................. 34,697,800 35,197,800
State supplementation............................... 64,752,100 66,252,100
Licensed and registered child development
and care.......................................... 109,211,800 113,432,800
Enrolled child development and care................. 62,642,300 65,121,300
Low-income energy assistance program................ 116,451,600 116,451,600
Weatherization assistance........................... 28,150,000 28,150,000
Community services block grants..................... 25,650,000 25,650,000
Emergency services local office allocations......... 21,615,500 21,615,500
Food bank funding................................... 1,345,000 1,345,000
Homeless programs................................... 11,646,700 11,646,700
Multicultural integration funding................... 1,515,500 1,515,500
Indigent burial..................................... 4,209,200 4,209,200
Refugee assistance.................................. 27,910,700 27,910,700
PART 2A
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 10-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $1,193,585,400.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $100,760,900.00. The itemized statement
below identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF HUMAN SERVICES
Adult and family services............................................. 1,342,500
Child welfare services................................................ 97,200,400
Public assistance..................................................... 2,218,000
TOTAL................................................................. $ 100,760,900
Sec. 10-202. As used in this act:
(a) "AFC" means adult foster care.
(b) "ARRA" means the American recovery and reinvestment act of 2009, Public Law
111-5.
(c) "Current fiscal year" means fiscal year ending September 30, 2012.
(d) "Department" means the department of human services.
(e) "ECIC" means early childhood investment corporation.
(f) "SSI" means supplemental security income.
(g) "Temporary assistance for needy families" or "TANF" or "title IV-A" means
part A of title IV of the social security act, 42 USC 601 to 604, 605 to 608, and 609
to 619.
(h) "Title IV-D" means part D of title IV of the social security act, 42 USC
651 to 655, and 656 to 669b.
(i) "Title IV-E" means part E of title IV of the social security act, 42 USC
670 to 673, 673b to 679, and 679b.
Sec. 10-203. (1) In addition to funds appropriated in part 1 for all programs
and services, there is appropriated for write-offs of accounts receivable,
deferrals, and for prior year obligations in excess of applicable prior year
appropriations, an amount equal to total write-offs and prior year obligations,
but not to exceed amounts available in prior year revenues or current year
revenues that are in excess of the authorized amount.
(2) The department's ability to satisfy appropriation fund sources in part 1
shall not be limited to collections and accruals pertaining to services provided in
the current fiscal year, but shall also include reimbursements, refunds, adjustments,
and settlements from prior years.
Sec. 10-204. The department may retain all of the state's share of food
assistance overissuance collections as an offset to general fund/general
purpose costs. Retained collections shall be applied against federal funds
deductions in all appropriation units where department costs related to the
investigation and recoupment of food assistance overissuances are incurred.
Retained collections in excess of such costs shall be applied against the
federal funds deducted in the executive operations appropriation unit.
Sec. 10-205. If the revenue collected by the department from private and local
sources exceeds the amount spent from amounts appropriated in part 1, the
revenue may be carried forward, with approval from the state budget director,
into the subsequent fiscal year.
Sec. 10-206. The department, with the approval of the state budget director, is
authorized to realign sources of financing authorizations in order to maximize
temporary assistance for needy families’ maintenance of effort countable
expenditures. The realignment of financing shall not increase or decrease any
line-item expenditure authorization.
Sec. 10-207. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000,000.00 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 $20,000,000.00 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 $20,000,000.00 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.
ADULT AND FAMILY SERVICES
Sec. 10-301. From the money appropriated in part 1 for adult and family
services, the department shall allocate not less than $100,000.00 to the Elder
Law of Michigan MiCAFE to assist this state’s elderly population to participate
in the food assistance program.
Sec. 10-302. (1) The appropriations in part 1 assume a total federal child
support incentive payment of $26,500,000.00.
(2) From the federal money received for child support incentive payments,
$12,000,000.00 shall be retained by the state and expended for child support
program expenses.
(3) From the federal money received for child support incentive payments,
$14,500,000.00 shall be paid to the counties based on each county's performance
level for each of the federal performance measures as established in 45 CFR
305.2.
(4) If the child support incentive payment to the state from the federal
government is greater than $26,500,000.00, then 100% of the excess shall be
retained by the state and is appropriated until the total retained by the state
reaches $15,397,400.00.
(5) If the child support incentive payment to the state from the federal
government is greater than the amount needed to satisfy the provisions
identified in subsections (1), (2), (3), and (4), the additional funds shall be
subject to appropriation by the legislature.
(6) If the child support incentive payment to the state from the federal
government is less than $26,500,000.00, then the state and county share shall
each be reduced by 50% of the shortfall.
Sec. 10-303. If title IV-D-related child support collections are escheated, the
state budget director is authorized to adjust the sources of financing for the
funds appropriated in part 1 for legal support contracts to reduce federal
authorization by 66% of the escheated amount and increase general fund/general
purpose authorization by the same amount. This budget adjustment is required to
offset the loss of federal revenue due to the escheated amount being counted as
title IV-D program income in accordance with federal regulations at 45 CFR
304.50.
Sec. 10-304. The department will implement a $25.00 annual fee pursuant to
title IV-D, section 454(6)(B)(ii), of the social security act, 42 USC 651. The
fee shall be deducted from support collected on behalf of the individual. Fee
revenues shall be used to administer and operate the child support program
under part D of title IV of the social security act.
CHILD WELFARE SERVICES
Sec. 10-401. The department's ability to satisfy appropriation deducts in part
1 for foster care private collections shall not be limited to collections and
accruals pertaining to services provided only in the current fiscal year but
may include revenues collected during the current fiscal year for services
provided in prior fiscal years.
Sec. 10-402. In addition to the amount appropriated in part 1 for children's
trust fund grants, money granted or money received as gifts or donations to the
children's trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is
appropriated for expenditure.
Sec. 10-403. Counties shall be subject to 50% chargeback for the use of
alternative regional detention services, if those detention services do not
fall under the basic provision of section 117e of the social welfare act, 1939
PA 280, MCL 400.117e, or if a county operates those detention services programs
primarily with professional rather than volunteer staff.
Sec. 10-404. In order to be reimbursed for child care fund expenditures,
counties are required to submit department-developed reports to enable the
department to document potential federally claimable expenditures. This
requirement is in accordance with the reporting requirements specified in
section 117a(7) of the social welfare act, 1939 PA 280, MCL 400.117a.
Sec. 10-405. As a condition of receiving money appropriated in part 1 for the
child care fund, by February 15 of the current fiscal year, counties shall have
an approved service spending plan for the current fiscal year. Counties must
submit the service spending plan to the department by December 15 of the
current fiscal year for approval. The department shall approve within 30
calendar days after receipt a properly completed service plan that complies
with the requirements of the social welfare act, 1939 PA 280, MCL 400.1 to
400.119b.
PUBLIC ASSISTANCE
Sec. 10-501. (1) The department shall operate a state disability assistance
program. Except as provided in subsection (3), persons eligible for this
program shall include needy citizens of the United States or aliens exempted
from the supplemental security income citizenship requirement who are at least
18 years of age or emancipated minors meeting 1 or more of the following
requirements:
(a) A recipient of supplemental security income, social security, or medical
assistance due to disability or 65 years of age or older.
(b) A person with a physical or mental impairment which meets federal
supplemental security income disability standards, except that the minimum
duration of the disability shall be 90 days. Substance abuse alone is not
defined as a basis for eligibility.
(c) A resident of an adult foster care facility, a home for the aged, a county
infirmary, or a substance abuse treatment center.
(d) A person receiving 30-day postresidential substance abuse treatment.
(e) A person diagnosed as having acquired immunodeficiency syndrome.
(f) A person receiving special education services through the local
intermediate school district.
(g) A caretaker of a disabled person as defined in subdivision (a), (b), (e),
or (f) above.
(2) Applicants for and recipients of the state disability assistance program
shall be considered needy if they:
(a) Meet the same asset test as is applied to applicants for the family
independence program.
(b) Have a monthly budgetable income that is less than the payment standards.
(3) Except for a person described in subsection (1)(c) or (d), a person is not
disabled for purposes of this section if his or her drug addiction or
alcoholism is a contributing factor material to the determination of
disability. "Material to the determination of disability" means that, if the
person stopped using drugs or alcohol, his or her remaining physical or mental
limitations would not be disabling. If his or her remaining physical or mental
limitations would be disabling, then the drug addiction or alcoholism is not
material to the determination of disability and the person may receive state
disability assistance. Such a person must actively participate in a substance
abuse treatment program, and the assistance must be paid to a third party or
through vendor payments. For purposes of this section, substance abuse
treatment includes receipt of inpatient or outpatient services or participation
in alcoholics anonymous or a similar program.
(4) A refugee or asylee who loses his or her eligibility for the federal
supplemental security income program by virtue of exceeding the maximum time
limit for eligibility as delineated in 8 USC 1612 and who otherwise meets the
eligibility criteria under this section shall be eligible to receive benefits
under the state disability assistance program.
Sec. 10-502. The level of reimbursement provided to state disability assistance
recipients in licensed adult foster care facilities shall be the same as the
prevailing supplemental security income rate under the personal care category.
Sec. 10-503. County department offices shall require each recipient of family
independence program and state disability assistance who has applied with the
social security administration for supplemental security income to sign a
contract to repay any assistance rendered through the family independence
program or state disability assistance program upon receipt of retroactive
supplemental security income benefits.
Sec. 10-504. (1) The department's ability to satisfy appropriation deductions
in part 1 for state disability assistance and family independence
program/supplemental security income recoveries and public assistance
recoupment revenues shall not be limited to recoveries and accruals pertaining
to state disability assistance, or family independence assistance grant
payments provided only in the current fiscal year, but may include revenues
collected during the current year that are prior year related and not a part of
the department’s accrued entities.
(2) The department may use supplemental security income recoveries to satisfy
the deduct in any line in which the revenues are appropriated, regardless of
the source from which the revenue is recovered.
Sec. 10-505. A provider of indigent burial services may collect additional
payment from relatives or other persons on behalf of the deceased if the total
additional payment does not exceed $4,000.00.
Sec. 10-506. The funds available in part 1 for burial services shall be
available if the deceased was an eligible recipient and an application for
emergency relief funds was made within 10 business days of the burial or
cremation of the deceased person. Each provider of burial services shall be
paid directly by the department.
Sec. 10-507. As a condition of receipt of federal TANF funds, homeless shelters
and human services agencies shall collaborate with the department to obtain
necessary TANF eligibility information on families as soon as possible after
admitting a family to the homeless shelter. From the funds appropriated in part
1 for homeless programs, the department is authorized to make allocations of
TANF funds only to the agencies that report necessary data to the department
for the purpose of meeting TANF eligibility reporting requirements. Homeless
shelters or human services agencies that do not report necessary data to the
department for the purpose of meeting TANF eligibility reporting requirements
will not receive reimbursements which exceed the per diem amount they received
in fiscal year 2000. The use of TANF funds under this section should not be
considered an ongoing commitment of funding.
Sec. 10-508. From the funds appropriated in part 1 for food bank funding, the
department is authorized to make allocations of TANF funds only to the agencies
that report necessary data to the department for the purpose of meeting TANF
eligibility reporting requirements. The agencies that do not report necessary
data to the department for the purpose of meeting TANF eligibility reporting
requirements will not receive allocations in excess of those received in fiscal
year 2000. The use of TANF funds under this section should not be considered an
ongoing commitment of funding.
Sec. 10-509. (1) The department shall allocate up to $12,751,000.00 for the
annual clothing allowance. The allowance shall be granted to all eligible
children as defined by the department.
(2) The department shall take steps to inform family independence program
recipients eligible for the allowance under subsection (2) that the money is to
be used for clothing for eligible children.
Article 11
JUDICIARY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 11-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the judiciary are appropriated for the fiscal year ending
September 30, 2012, and are anticipated to be appropriated for the fiscal year ending
September 30, 2013, from the funds indicated in this part. The following is a summary
of the appropriations and anticipated appropriations in this part:
JUDICIARY
APPROPRIATION SUMMARY
Full-time equated exempted positions.................. 491.0 491.0
GROSS APPROPRIATION..................................... $ 260,275,400 $ 261,915,800
Total interdepartmental grants and
intradepartmental transfers........................... 2,573,500 2,573,500
ADJUSTED GROSS APPROPRIATION............................ $ 257,701,900 $ 259,342,300
Total federal revenues.................................. 5,539,500 5,539,500
Total local revenues.................................... 6,342,700 6,446,600
Total private revenues.................................. 842,500 842,500
Total other state restricted revenues................... 92,100,300 92,126,300
State general fund/general purpose...................... $ 152,876,900 $ 154,387,400
Sec. 11-102. JUDICIAL OPERATIONS
Full-time equated exempted positions.................. 491.0 491.0
Judicial operations..................................... $ 165,653,400 $ 167,293,800
GROSS APPROPRIATION..................................... $ 165,653,400 $ 167,293,800
Appropriated from:
Interdepartmental grant revenues........................ 2,573,500 2,573,500
Federal revenues........................................ 5,539,500 5,539,500
Local revenues.......................................... 6,342,700 6,446,600
Private revenues........................................ 842,500 842,500
State restricted revenues............................... 85,010,100 85,036,100
State general fund/general purpose...................... $ 65,345,100 $ 66,855,600
Schedule of programs:
Supreme court administration........................ 11,184,900 11,184,900
Judicial institute.................................. 2,615,800 2,615,800
State court administrative office................... 10,548,900 10,548,900
Judicial information systems........................ 3,174,700 3,174,700
Direct trial court automation support............... 6,342,700 6,342,700
Foster care review board............................ 1,289,800 1,289,800
Community dispute resolution........................ 2,335,500 2,335,500
Other federal grants................................ 275,100 275,100
Drug treatment courts............................... 6,133,000 6,133,000
Community court pilot project....................... 20,000 20,000
Court of appeals operations......................... 19,367,100 19,367,100
Branchwide appropriations........................... 8,338,700 8,338,700
Judicial tenure commission.......................... 1,012,600 1,012,600
Appellate public defender program................... 5,397,200 5,397,200
Appellate assigned counsel administration........... 940,200 940,200
Indigent civil legal assistance..................... 7,937,000 7,937,000
Court equity fund reimbursements.................... 64,794,700 64,794,700
Judicial technology improvement fund................ 4,815,000 4,815,000
Drug case-flow program.............................. 250,000 250,000
Drunk driving case-flow program..................... 3,300,000 3,300,000
Juror compensation reimbursement.................... 6,600,000 6,600,000
2010 Retirement incentive program savings........... (1,019,500) (1,019,500)
Active and retiree insurance and pension adjustment. 0 1,640,400
Sec. 11-103. JUSTICES’ AND JUDGES’ COMPENSATION
Full-time judges positions............................ 609.0 609.0
Justices’ and judges’ compensation...................... $ 94,622,000 $ 94,622,000
GROSS APPROPRIATION..................................... $ 94,622,000 $ 94,622,000
Appropriated from:
State restricted revenues............................... 7,090,200 7,090,200
State general fund/general purpose...................... $ 87,531,800 $ 87,531,800
Schedule of programs:
Supreme court justices’ salaries—-7.0 justices...... 1,152,300 1,152,300
Court of appeals judges salaries—-28.0 judges....... 4,240,300 4,240,300
District court judges state base salaries—-
252.0 judges...................................... 23,321,900 23,321,900
District court judicial salary standardization...... 11,522,500 11,522,500
Probate court judges state base salaries--
103.0 judges...................................... 9,627,900 9,627,900
Probate court judicial salary standardization....... 4,669,700 4,669,700
Circuit court judges state base salaries--
219.0 judges...................................... 20,628,800 20,628,800
Circuit court judicial salary standardization....... 10,013,600 10,013,600
Judges retirement system defined contribution....... 3,915,500 3,915,500
OASI, social security............................... 5,529,500 5,529,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 11-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $244,977,200.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $122,835,200.00. The itemized statement
below identifies appropriations from which spending to local units of government will
occur:
JUDICIARY
Judicial operations................................................... $ 86,104,600
Justices’ and judges’ compensation.................................... 36,730,600
TOTAL................................................................. $ 122,835,200
Sec. 11-202. Funds appropriated in part 1 to an entity within the judicial
branch shall not be expended or transferred to another account without written
approval of the authorized agent of the judicial entity. If the authorized
agent of the judicial entity notifies the state budget director of its approval
of an expenditure or transfer, the state budget director shall immediately make
the expenditure or transfer. The authorized judicial entity agent shall be
designated by the chief justice of the supreme court.
Sec. 11-203. As used in this act:
(a) "OASI" means old age survivor's insurance.
JUDICIAL BRANCH
Sec. 11-301. Funds appropriated within the judicial branch shall not be
expended by any component within the judicial branch without the approval of the
supreme court.
Sec. 11-302. Of the amount appropriated in part 1 for the judicial branch,
$325,000.00 is allocated for circuit court reimbursement under section 3 of 1978 PA
16, MCL 800.453, and $186,900.00 is allocated for court of claims reimbursement under
section 6413 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6413.
Sec. 11-303. If sufficient funds are not available from the court fee fund to
pay judges' compensation, the difference between the appropriated amount from that
fund for judges' compensation and the actual amount available after the amount
appropriated for trial court reimbursement is made shall be appropriated from the
state general fund for judges' compensation.
Sec. 11-304. (1) The funds appropriated in part 1 for drug treatment courts
shall be administered by the state court administrative office to operate drug
treatment court programs. A drug treatment court shall be responsible for handling
cases involving substance abusing nonviolent offenders through comprehensive
supervision, testing, treatment services, and immediate sanctions and incentives. A
drug treatment court shall use all available county and state personnel involved in
the disposition of cases including, but not limited to, parole and probation agents,
prosecuting attorneys, defense attorneys, and community corrections providers. The
funds may be used in connection with other federal, state, and local funding sources.
(2) From the funds appropriated in part 1, the chief justice shall allocate
sufficient funds for the judicial institute to provide in-state training for those
identified in subsection (1), including training for new drug treatment court judges.
(3) For drug treatment court grants, consideration for priority may be given to
those courts where higher instances of substance abuse cases are filed.
(4) The judiciary shall receive $1,800,000.00 in Byrne formula grant funding as
an interdepartmental grant from the Michigan state police to be used for drug
treatment courts, to assist in avoiding prison bed space growth for nonviolent
offenders in collaboration with the department of corrections.
Sec. 11-305. Funds appropriated in part 1 shall not be used for the permanent
assignment of state-owned vehicles to justices or judges or any other judicial branch
employee. This section does not preclude the use of state-owned motor pool vehicles
for state business in accordance with approved guidelines.
Article 12
LEGISLATURE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 12-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the legislature are appropriated for the fiscal year ending
September 30, 2012, and are anticipated to be appropriated for the fiscal year ending
September 30, 2013, from the funds indicated in this part. The following is a summary
of the appropriations and anticipated appropriations in this part:
LEGISLATURE
APPROPRIATION SUMMARY
GROSS APPROPRIATION................................... $ 115,971,600 $ 115,971,600
Total interdepartmental grants and
intradepartmental transfers........................... 3,751,500 3,751,500
ADJUSTED GROSS APPROPRIATION............................ $ 112,220,100 $ 112,220,100
Total federal revenues.................................. 0 0
Total local revenues.................................... 0 0
Total private revenues.................................. 400,000 400,000
Total other state restricted revenues................... 2,649,700 2,649,700
State general fund/general purpose...................... $ 109,170,400 $ 109,170,400
Sec. 12-102. LEGISLATURE
Legislature............................................. $ 100,333,200 $ 100,333,200
GROSS APPROPRIATION..................................... $ 100,333,200 $ 100,333,200
Appropriated from:
Interdepartmental grants................................. $ 250,000 $ 250,000
Private revenues......................................... $ 400,000 $ 400,000
State restricted revenues................................ $ 1,109,800 $ 1,109,800
State general fund/general purpose....................... $ 98,573,400 $ 98,573,400
Schedule of programs:
Senate.............................................. 24,598,800 24,598,800
Senate automated data processing.................... 2,156,800 2,156,800
Senate fiscal agency................................ 2,687,800 2,687,800
House of representatives............................ 39,087,800 39,087,800
House automated data processing..................... 1,712,300 1,712,300
House fiscal agency................................. 2,687,800 2,687,800
Legislative council................................. 8,446,700 8,446,700
Legislative service bureau automated data processing 1,163,600 1,163,600
Worker’s compensation............................... 126,300 126,300
National association dues........................... 141,500 141,500
Legislative corrections ombudsman................... 606,200 606,200
General nonretirement expenses...................... 4,233,300 4,233,300
Capitol building.................................... 2,552,800 2,552,800
Cora Anderson building.............................. 8,315,800 8,315,800
Farnum building and other properties................ 1,815,700 1,815,700
Sec. 12-103. AUDITOR GENERAL OPERATIONS
Auditor general operations.............................. $ 15,638,400 $ 15,638,400
GROSS APPROPRIATION..................................... $ 15,638,400 $ 15,638,400
Appropriated from:
Interdepartmental grant revenues........................ 3,501,500 3,501,500
State restricted revenues............................... 1,539,900 1,539,900
State general fund/general purpose...................... $ 10,597,000 $ 10,597,000
Schedule of programs:
Unclassified positions.............................. 313,500 313,500
Field operations.................................... 15,324,900 15,324,900
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 12-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year
2011-2012 is $111,820,100.00 and state spending from state resources to be paid
to local units of government for fiscal year 2011-2012 is $0.00.
Sec. 12-202. As used in this act:
(a) "FTE" means full-time equated.
LEGISLATURE
Sec. 12-301. 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. 12-302. (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. 12-303. 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. 12-304. The appropriation contained in part 1 for national association
dues is to be distributed by the legislative council. If the funding is available,
$51,000.00 shall be paid as annual dues to the national conference of commissioners on
uniform state laws.
Sec. 12-305. (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. 12-306. 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. 12-307. The appropriations in part 1 to the legislative branch, for
property management, shall be used to purchase equipment and services for building
maintenance in order to ensure a safe and productive work environment. These funds are
designated as work project appropriations and shall not lapse at the end of the fiscal
year, and shall continue to be available for expenditure until the project has been
completed. The total cost is estimated at $500,000.00, and the tentative completion
date is September 30, 2012.
Sec. 12-308. The appropriations in part 1 to the legislative branch, for
automated data processing, shall be used to purchase equipment, software, and services
in order to support and implement data processing requirements and technology
improvements. These funds are designated as work project appropriations and shall not
lapse at the end of the fiscal year, and shall continue to be available for
expenditure until the project has been completed. The total cost is estimated at
$500,000.00, and the tentative completion date is September 30, 2012.
Sec. 12-309. 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.
AUDITOR GENERAL OPERATIONS
Sec. 12-401. 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. 12-402. (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. 12-403. From the funds appropriated in part 1 to auditor general
operations, 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. 12-404. 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.
Sec. 12-405. No later than December 31, 2011, the auditor general, in conjunction
with the office of the state budget, shall submit a report regarding the feasibility
of converting to a statewide single audit. The report shall be submitted to the senate
and house of representatives appropriations subcommittees on general government and
the senate and house fiscal agencies. The report shall include an estimate of the cost
savings or increase that would result from converting to a statewide single audit, an
analysis of required statutory changes and any other issues that would need to be
addressed, and a recommendation regarding implementation of a statewide single audit.
Article 13
MILITARY AND VETERANS AFFAIRS
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 13-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of military and veterans affairs are
appropriated for the fiscal year ending September 30, 2012, and are anticipated to be
appropriated for the fiscal year ending September 30, 2013, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 7.0 7.0
Full-time equated classified positions................ 819.0 819.0
GROSS APPROPRIATION..................................... $ 152,383,500 $ 153,474,000
Total interdepartmental grants and
intradepartmental transfers........................... 1,152,800 1,152,800
ADJUSTED GROSS APPROPRIATION............................ $ 151,230,700 $ 152,321,200
Total federal revenues.................................. 87,678,000 87,600,400
Total local revenues.................................... 644,800 644,800
Total private revenues.................................. 1,423,300 1,423,300
Total other state restricted revenues................... 28,439,700 28,960,500
State general fund/general purpose...................... $ 33,044,900 $ 33,692,200
Sec. 13-102. MILITARY
Full-time equated unclassified positions.............. 7.0 7.0
Full-time equated classified positions................ 285.0 285.0
Military................................................ $ 54,119,800 $ 56,910,300
GROSS APPROPRIATION..................................... $ 54,119,800 $ 56,910,300
Appropriated from:
Interdepartmental grant revenues........................ 1,000,000 1,000,000
Federal revenues........................................ 38,523,900 40,146,300
State restricted revenues............................... 884,500 1,405,300
State general fund/general purpose...................... $ 13,711,400 $ 14,358,700
Schedule of programs:
Headquarters and armories........................... 11,363,300 11,363,300
Unclassified military personnel..................... 665,000 665,000
Military appeals tribunal........................... 900 900
State active duty................................... 100,100 100,100
Homeland security................................... 1,000,000 1,000,000
Military training site and support facilities....... 28,212,100 28,212,100
Military training sites and support facilities
test projects..................................... 100,000 100,000
Departmentwide accounts............................. 1,861,300 1,861,300
Special maintenance - state......................... 651,200 651,200
Special maintenance - federal....................... 5,300,000 5,300,000
Military retirement................................. 3,784,100 3,784,100
Counter narcotic operations......................... 50,000 50,000
Information technology services and projects........ 1,031,800 1,031,800
Active and retiree insurance and pension adjustment. 0 2,790,500
Sec. 13-103. VETERANS AND COMMUNITY OUTREACH
Full-time equated classified positions................ 33.0 33.0
Veterans and community outreach......................... $ 15,302,100 $ 15,302,100
GROSS APPROPRIATION..................................... $ 15,302,100 $ 15,302,100
Appropriated from:
Interdepartmental grant revenues........................ 152,800 152,800
Federal revenues........................................ 4,728,000 4,728,000
Local revenues.......................................... 644,800 644,800
Private revenues........................................ 883,300 883,300
State restricted revenues............................... 5,653,300 5,653,300
State general fund/general purpose...................... $ 3,239,900 $ 3,239,900
Schedule of programs:
Veterans advice, advocacy, and assistance grants.... 3,029,600 3,029,600
Veterans’ affairs directorate administration........ 205,300 205,300
Veterans’ trust fund administration................. 1,306,800 1,306,800
Veterans’ trust fund grants......................... 3,746,500 3,746,500
Michigan emergency volunteers....................... 5,000 5,000
Challenge program................................... 4,086,900 4,086,900
Military family relief fund......................... 600,000 600,000
Starbase grant...................................... 2,322,000 2,322,000
Sec. 13-104. HOMES
Full-time equated classified positions................ 501.0 501.0
Homes $ 66,261,600 $ 66,261,600
GROSS APPROPRIATION..................................... $ 66,261,600 $ 66,261,600
Appropriated from:
Federal revenues........................................ 27,726,100 27,726,100
Private revenues........................................ 540,000 540,000
State restricted revenues............................... 21,901,900 21,901,900
State general fund/general purpose...................... $ 16,093,600 $ 16,093,600
Schedule of programs:
Grand Rapids veterans’ home......................... 48,251,000 48,251,000
Board of managers................................... 665,000 665,000
D.J. Jacobetti veterans’ home....................... 17,070,600 17,070,600
Board of managers................................... 275,000 275,000
Sec. 13-105. CAPITAL OUTLAY
Capital outlay.......................................... $ 16,700,000 $ 15,000,000
GROSS APPROPRIATION..................................... $ 16,700,000 $ 15,000,000
Appropriated from:
Federal revenues........................................ 16,700,000 15,000,000
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Special maintenance, remodeling and additions....... 15,000,000 15,000,000
Camp Grayling – light demolition range.............. 1,700,000 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 13-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $61,484,600.00 and state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $120,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Military.............................................................. $ 70,000
Veterans and Community Outreach....................................... $ 50,000
TOTAL................................................................. $ 120,000
Sec. 13-202. As used in this act:
(a) "Department" means the department of military and veterans affairs.
(b) "Large veterans service organization" means a VSO that can certify that its
membership exceeds 30,000 individuals.
(c) "Medium veterans service organization" means a VSO that can certify that
its membership is between 2,500 and 30,000 individuals.
(d) "Small veterans service organization" means a VSO that can certify that its
membership is between 1,000 and 2,499 individuals.
(e) "VSO" means veterans service organization.
Sec. 13-203. (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 $2,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this bill under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
MILITARY
Sec. 13-301. (1) The funds appropriated in this act for private donations to
the challenge program shall be considered state restricted revenue, and unexpended
funds remaining at the close of the fiscal year shall not lapse to the general fund
but shall be carried forward to the subsequent fiscal year.
(2) The department may charge a parent or guardian of a participant in the
challenge program a fee for participating in the program if the participant is a
member of a family with an income that exceeds 200% of the federal poverty guidelines
as published by the United States department of health and human services. The amount
charged the parent or guardian shall not exceed the per-student state share cost of
administering the program. The parent or guardian shall be notified of any charge to
be assessed under this subsection prior to enrollment of the child in the program.
(3) The department shall take steps to recruit candidates to the challenge
program from economically disadvantaged areas, including those with low-income and
high-unemployment backgrounds.
(4) The department will partner with the department of human services to
identify youth who may be eligible for the challenge program from those youth served
by department of human services programs. These eligible youth shall be given priority
for enrollment in the program.
VETERANS AND COMMUNITY OUTREACH
Sec. 13-401. (1) The department shall create a 5-member veterans advisory board
to assist in matters pertaining to veterans advice, advocacy, and assistance,
including recommendations concerning disbursement of any grant money. The department
shall request that the state commanders group name candidates serving as
president/commander from 2 large veterans service organizations, 2 medium veterans
service organizations, and 1 small veterans service organization to serve on the
advisory board. The veterans advisory board shall meet no less than twice a year,
without reimbursement by the department.
(2) The duties of the veterans advisory board shall include, but are not
limited to, the following:
(a) Serving as a liaison between grant recipients, the department, and the
legislature.
(b) Assisting in recognizing any deficiencies in the grant process and
performance.
(c) Providing a forum regarding veterans issues.
(d) Suggesting changes in department programs that would help keep pace with
changing veterans needs.
(e) Providing a direct contact with the veterans administration regarding
updates on procedures.
(f) Creating an awareness to make sure that grant recipients are performing the
services intended.
(g) Representing a voice for veterans service organizations.
(h) Providing for a sounding board for grant recipients.
(i) Assisting the department in establishing criteria for grant awards.
(j) Assisting the department in developing plans, reviewing service delivery,
and identifying goals to better assist veterans in applying for and receiving benefits
from the federal, state, and local governments.
(k) Providing testimony, if requested, to legislative committees.
(3) Of the appropriations in part 1 for veterans advice, advocacy, and
assistance grants for the period of October 1, 2011 to September 30, 2012,
$3,029,600.00 shall be distributed by the department in the form of 5 grants: 2 large,
2 small, and 1 specialized grant for the period beginning October 1, 2010. The
specialized grant shall be awarded to a group specializing in advocacy for paralyzed
veterans. The department, while utilizing advice provided by the veterans advisory
board establishing grant criteria, is solely responsible for determination of the
amounts and recipients of these grants.
(4) Money used for grants to veterans service organizations shall be used only
for salaries, wages, related personnel costs, in-state training, and equipment for
accredited veteran service advocacy officers and necessary support and managerial
staff. Training shall be provided for service advocacy officers and shall be conducted
by accredited advocacy officers.
(5) To receive a grant from the money appropriated in part 1, a veterans
service organization or a veterans service organization which is part of a combination
of organizations receiving a grant shall meet the following eligibility requirements:
(a) Be congressionally chartered by the United States congress.
(b) Be an active participating member of the Michigan veterans organizations'
rehabilitation and veterans service committee and abide by its rules, guidelines, and
programs.
(c) Demonstrate the receipt of monetary or service support from its own
organization.
(d) Comply with the department's and the legislature's requirements of
accounting audits, service work activity, accounting of recoveries, listing of
volunteer hours, budget requests, and other requirements specified in subsection (2).
Each veterans service organization receiving a grant from the money appropriated in
part 1 shall provide a copy of the most recent audit report to the department not
later than May 1, 2012.
(e) For a veterans service organization founded after September 30, 1989, be in
operation and providing service to Michigan veterans for not less than 2 years before
receiving an initial state grant. During this 2-year period of time, the organization
shall file a listing of service work activity and an accounting of recoveries with the
department, the senate and house fiscal agencies, the senate and house of
representatives appropriations subcommittees on military affairs, and the state budget
office on forms as prescribed by the department.
(6) A veterans service organization receiving a grant from the money
appropriated in part 1 shall file with the department an accounting of its
expenditures, audited and certified by a certified public accountant, within 120 days
after the organization's fiscal year end. Each veterans service organization shall
provide 5 copies of a listing of all service activity, an accounting of recoveries,
and a listing of volunteer hours for the fiscal year ending September 30, 2011 to the
department by January 31, 2012. Each organization shall include a listing of
expenditures by spending category, including a listing of individual salaries of each
officer and administrative staff. The listing of volunteer hours shall include the
hours, services, and donations provided to residents of the Grand Rapids veterans'
home and the D.J. Jacobetti veterans' home. Each veterans service organization shall
provide a copy of the most recent and completed internal revenue service form 990 to
the department at the end of the fiscal year ending September 30, 2011. A veterans
service organization receiving a grant from the money appropriated in part 1 shall use
the forms recommended by the Michigan veterans organizations rehabilitation and
veterans service committee for filing reports required by this act. The department
shall provide a report not later than June 1, 2012 to the senate and house fiscal
agencies, the senate and house appropriations subcommittees on state police and
military and veterans affairs, and the state budget office detailing the most recent
expenditure information provided by the veterans service organizations. The department
shall also provide within that report specific notification whether any veterans
service organization receiving a grant from the money appropriated in part 1 failed to
comply with the reporting requirements of this section.
(7) The veterans service directors committee and the department shall take
steps to improve the coordination of veterans benefits counseling in the state to
maximize the effective and efficient use of taxpayer dollars in this goal and to
ensure that every veteran is served.
(8) To accomplish the goal of subsection (8), the veterans service directors
committee and the department shall take steps to increase their responsibility in the
administration, management, oversight, and outreach of the delivery of services to
veterans. The veterans service directors committee and the department shall involve
county veterans counselors and representatives from the Michigan veterans trust fund
to work in concert to identify, implement, and evaluate steps to do all of the
following:
(a) Increase the veterans service directors committee and the department's role
in working directly with the United States department of veterans affairs to enhance
the delivery of services to Michigan veterans.
(b) Increase the number of initial claims filed with the United States
department of veterans affairs on behalf of veterans for service-connected disability
or pension benefits. The veterans service directors committee and the department may
work toward either an absolute increase of approved claims or an increase in the
percentage of Michigan veterans with approved claims.
(c) Develop methods to increase rates of recovery paid by the United States
department of veterans affairs to Michigan veterans either by an increase in
compensation paid per approved claim or an increase in compensation paid on a per
capita basis.
(d) Expand training opportunities for veterans service organization service
officers.
(e) Increase either the number or percentage of Michigan veterans enrolled in
the veterans affairs health care system.
(f) Publicize the availability, benefit, and value of burial in the Fort Custer
and Great Lakes national cemeteries.
(g) Review each grant recipient's performance under the program and require
that performance be a major consideration in the future funding of each grant
recipient.
(h) Identify areas of redundancy which may exist among services provided by
veterans service organizations grantees, Michigan veterans trust fund county
committees, and county veterans counselors and provide a proposal on how any
redundancies may be minimized and identify specific cost savings which could result.
(9) Each veterans service organization receiving a grant from the money
appropriated in part 1 shall file a report with the department not later than May 1,
2012 detailing the following information:
(a) Training completed by each veterans service officer employed by or working
on behalf of the veterans service organization.
(b) A roster of the cases that each veterans service organization is serving or
processing, including if those cases have been completed or are still pending, whether
those cases have been initiated and completed by the veterans service organization,
and which cases have been referred to and by county veterans counselors, congressional
or senate offices, or any other organizations that serve veterans.
(10) The department shall issue performance standards to each veterans service
organization grant recipient. Compliance with these performance standards shall be the
basis for funding for future years. Failure to meet any or all of the performance
standards may result in that organization losing funding in future years, and the
department shall forward to the senate and house of representatives appropriations
subcommittees on state police and military and veterans affairs corrective action and
penalty recommendations.
HOMES
Sec. 13-501. The money appropriated in this bill for the boards of managers may
be expended for facility improvements, the purchase and repair of equipment and
furnishings, member services, and other purposes that benefit the Grand Rapids
veterans' home and the D.J. Jacobetti veterans' home.
CAPITAL OUTLAY
Sec. 13-601. (1) The director shall allocate lump-sum appropriations made in
this bill consistent with statutory provisions and the purposes for which funds were
appropriated. Lump-sum allocations shall address priority program or facility needs
and may include, but are not limited to, design, construction, remodeling and
addition, special maintenance, major special maintenance, energy conservation, and
demolition.
(2) The state budget director may authorize that funds appropriated for lump-
sum appropriations shall be available for no more than 3 fiscal years following the
fiscal year in which the original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which it was
appropriated pursuant to the lapsing of funds as provided in the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 13-602. The appropriations in part 1 for capital outlay shall be carried forward
at the end of the fiscal year consistent with section 248 of the management and budget
act, 1984 PA 431, MCL 18.1248.
Article 14
DEPARTMENT OF NATURAL RESOURCES
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 14-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of natural resources are appropriated for the
fiscal year ending September 30, 2012, and are anticipated to be appropriated for the
fiscal year ending September 30, 2013, from the funds indicated in this part. The
following is a summary of the appropriations and anticipated appropriations in this
part:
DEPARTMENT OF NATURAL RESOURCES
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 3.0 3.0
Full-time equated classified positions................ 2,173.4 2,173.4
GROSS APPROPRIATION..................................... $ 330,195,800 $ 336,529,400
Total interdepartmental grants and
intradepartmental transfers........................... 1,935,000 1,935,000
ADJUSTED GROSS APPROPRIATION............................ $ 328,260,800 $ 334,594,400
Total federal revenues.................................. 69,319,800 68,668,800
Total local revenues.................................... 0 0
Total private revenues.................................. 2,842,400 2,842,400
Total other state restricted revenues................... 242,382,400 249,018,700
State general fund/general purpose...................... $ 13,716,200 $ 14,064,500
Sec. 14-102. ADMINISTRATION
Full-time equated unclassified positions.............. 3.0 3.0
Full-time equated classified positions................ 136.2 136.2
Administration.......................................... $ 32,397,600 $ 38,161,200
GROSS APPROPRIATION..................................... $ 32,397,600 $ 38,161,200
Appropriated from:
Interdepartmental grant revenues........................ 415,800 415,800
Federal revenues........................................ 214,900 1,063,900
State restricted revenues............................... 28,085,400 32,651,700
State general fund/general purpose...................... $ 3,681,500 $ 4,029,800
Schedule of programs:
Unclassified salaries............................... 315,500 315,500
Executive direction and citizen advisory councils. 1,700,600 1,700,600
Natural Resources Commission........................ 79,500 79,500
Central support services............................ 15,012,500 15,012,500
Science and policy.................................. 703,700 703,700
Building occupancy charges.......................... 3,115,400 3,115,400
Rent – privately owned property..................... 488,400 488,400
Information technology services and projects........ 9,633,500 9,633,500
Active and retiree insurance and pension adjustment. 0 5,763,600
Accounting service center........................... 1,348,500 1,348,500
Sec. 14-103. GRANTS
Grants.................................................. $ 44,360,800 $ 44,360,800
GROSS APPROPRIATION..................................... $ 44,360,800 $ 44,360,800
Appropriated from:
Federal revenues........................................ 28,333,300 28,333,300
Private revenues........................................ 600,000 600,000
State restricted revenues............................... 15,427,500 15,427,500
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Federal – clean vessel act grants................... 400,000 400,000
Federal – forest stewardship grants................. 3,125,000 3,125,000
Federal – land and water conservation fund payments. 2,566,900 2,566,900
Federal – rural community fire protection........... 300,000 300,000
Federal – urban forestry grants..................... 3,024,000 3,024,000
Game and nongame wildlife fund grants............... 10,000 10,000
Grants to communities – federal oil, gas and timber
payments.......................................... 3,450,000 3,450,000
Grants to counties – marine safety.................. 3,647,400 3,647,400
National recreational trails........................ 3,900,000 3,900,000
Off-road vehicle safety training grants............. 150,000 150,000
Off-road vehicle trail improvement grants........... 1,953,500 1,953,500
Recreation improvement fund grants.................. 1,100,000 1,100,000
Recreation passport local grants.................... 857,000 857,000
Snowmobile law enforcement grants................... 673,000 673,000
Snowmobile local grants program..................... 8,004,000 8,004,000
Trail easements..................................... 700,000 700,000
Gifts and bequests.................................. 500,000 500,000
Great Lakes restoration initiative.................. 10,000,000 10,000,000
Sec. 14-104. WILDLIFE, FISHERIES AND ENFORCEMENT
Full-time equated classified positions................ 666.0 666.0
Wildlife, fisheries and enforcement..................... $ 89,529,300 $ 89,529,300
GROSS APPROPRIATION..................................... $ 89,529,300 $ 89,529,300
Appropriated from:
Federal revenues........................................ 31,769,600 31,769,600
Private revenues........................................ 289,100 289,100
State restricted revenues............................... 54,767,000 54,767,000
State general fund/general purpose...................... $ 2,703,600 $ 2,703,600
Schedule of programs:
Wildlife management................................. 28,669,900 28,669,900
Natural resources heritage.......................... 1,178,000 1,178,000
State game and wildlife area maintenance............ 750,000 750,000
Aquatic resource mitigation......................... 937,600 937,600
Fish production..................................... 8,892,400 8,892,400
Fisheries resource management....................... 19,982,700 19,982,700
General law enforcement............................. 29,118,700 29,118,700
Sec. 14-105. PARKS, RECREATION AND HISTORY
Full-time equated classified positions................ 939.2 939.2
Parks, recreation and history........................... $ 90,072,400 $ 90,072,400
GROSS APPROPRIATION..................................... $ 90,072,400 $ 90,072,400
Appropriated from:
Interdepartmental grant revenues........................ 1,519,200 1,519,200
Federal revenues........................................ 2,198,100 2,198,100
Private revenues........................................ 1,031,000 1,031,000
State restricted revenues............................... 81,647,800 81,647,800
State general fund/general purpose...................... $ 3,676,300 $ 3,676,300
Schedule of programs:
MacMullan conference center......................... 1,519,200 1,519,200
Recreational boating................................ 15,905,000 15,905,000
State parks......................................... 52,705,700 52,705,700
State park improvement revenue bonds – debt service. 1,153,700 1,153,700
Marketing, education and technology................. 13,368,200 13,368,200
Historical administration and services.............. 5,420,600 5,420,600
Sec. 14-106. MACKINAC ISLAND STATE PARK COMMISSION
Full-time equated classified positions................ 37.0 37.0
Mackinac Island State Park Commission................... $ 1,929,400 $ 1,929,400
GROSS APPROPRIATION..................................... $ 1,929,400 $ 1,929,400
Appropriated from:
State restricted revenues............................... 1,929,400 1,929,400
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Mackinac Island park operation...................... 182,600 182,600
Historical facilities system........................ 1,746,800 1,746,800
Sec. 14-107. FOREST MANAGEMENT
Full-time equated classified positions................ 395.0 395.0
Forest management....................................... $ 46,826,300 $ 46,826,300
GROSS APPROPRIATION..................................... $ 46,826,300 $ 46,826,300
Appropriated from:
Federal revenues........................................ 3,053,900 3,053,900
Private revenues........................................ 922,300 922,300
State restricted revenues............................... 39,195,300 39,195,300
State general fund/general purpose...................... $ 3,654,800 $ 3,654,800
Schedule of programs:
Adopt-a-forest program.............................. 25,000 25,000
Cooperative resource programs....................... 1,134,700 1,134,700
Forest management & timber market development....... 23,520,500 23,520,500
Forest fire equipment............................... 431,500 431,500
Wildfire protection................................. 12,474,800 12,474,800
Forest management initiative........................ 844,800 844,800
Forest recreation................................... 5,338,900 5,338,900
Minerals management................................. 3,056,100 3,056,100
Sec. 14-108. CAPITAL OUTLAY
Capital outlay.......................................... $ 25,080,000 $ 25,650,000
GROSS APPROPRIATION..................................... $ 25,080,000 $ 25,650,000
Appropriated from:
Federal revenues........................................ 3,750,000 2,250,000
State restricted revenues............................... 21,330,000 23,400,000
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Forest roads, bridges and facilities................ 900,000 900,000
State parks repair and maintenance.................. 14,500,000 18,500,000
Waterways boating program........................... 9,680,000 6,250,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 14-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $256,098,600.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $6,550,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF NATURAL RESOURCES
Grants................................................................ $ 4,220,000
Capital Outlay........................................................ $ 2,330,000
TOTAL................................................................. $ 6,550,000
Sec. 14-202. As used in this act:
(a) "Department" means the department of natural resources.
Sec. 14-203. Appropriations of state restricted game and fish protection funds
have been made to the following departments and agencies in their respective
appropriation acts. The amounts appropriated to these departments and agencies are
listed below:
Legislative auditor general........................................... $ 22,000
Attorney general...................................................... 797,100
Department of technology, management, and budget...................... 408,500
Department of treasury................................................ 1,201,500
Sec. 14-204. Pursuant to section 43703(3) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.43703, there is appropriated from
the game and fish protection trust fund to the game and fish protection account of the
Michigan conservation and recreation legacy fund, $6,000,000.00 for the fiscal year
ending September 30, 2012.
Sec. 14-205. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $3,000,000.00 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 $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 $1,000,000.00 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.
ADMINISTRATION
Sec. 14-301. The department may charge the appropriations contained in part 1,
including all special maintenance and capital projects appropriated for the fiscal
year ending September 30, 2012, for engineering services provided, a standard
percentage fee to recover actual costs. The department may use the revenue derived to
support the engineering services charges provided for in part 1.
Sec. 14-302. The department may charge land acquisition projects appropriated
for the fiscal year ending September 30, 2012, and for prior fiscal years, a standard
percentage fee to recover actual costs, and may use the revenue derived to support the
land acquisition service charges provided for in part 1.
Sec. 14-303. As appropriated in part 1, the department may charge both
application fees and transaction fees related to the exchange or sale of state-owned
land or rights in land authorized by part 21 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2162. The fees shall be
set by the director of the department at a rate which allows the department to recover
its costs for providing these services.
Sec. 14-304. For the purposes of administering the museum store as provided in
section 7a of 1913 PA 271, MCL 399.7a, the department is exempt from section 261 of
the management and budget act, 1984 PA 431, MCL 18.1261.
Sec. 14-305. As appropriated in part 1, proceeds in excess of costs incurred in
the conduct of auctions, sales, or transfers of artifacts no longer considered
suitable for the collections of the state historical museum may be expended upon
receipt for additional material for the collection. The department shall notify the
chairpersons, vice chairpersons, and minority vice chairpersons of the senate and
house appropriations subcommittees on natural resources 1 week prior to any auctions
or sales. Any unexpended funds may be carried forward into the next succeeding fiscal
year.
Sec. 14-306. As appropriated in part 1, funds collected by the department for
historical markers; document reproduction and services; conferences, admissions,
workshops, and training classes; and the use of specialized equipment, facilities,
exhibits, collections, and software shall be used for expenses necessary to provide
the required services. The department may charge fees for the aforementioned services,
including admission fees.
GRANTS
Sec. 14-401. Federal pass-through funds to local institutions and governments
that are received in amounts in addition to those included in part 1 for grants to
communities - federal oil, gas, and timber payments and that do not require additional
state matching funds are appropriated for the purposes intended. By November 30, 2011,
the department shall report to the senate and house appropriations subcommittees on
natural resources, the senate and house fiscal agencies, and the state budget director
on all amounts appropriated under this section during the fiscal year ending September
30, 2011.
WILDLIFE, FISHERIES AND ENFORCEMENT
Sec. 14-501. (1) From the appropriation in part 1 for aquatic resource
mitigation, not more than $758,000.00 shall be allocated for grants to watershed
councils, resource development councils, soil conservation districts, local
governmental units, and other nonprofit organizations for stream habitat stabilization
and soil erosion control.
(2) The fisheries division in the department shall develop priority and cost
estimates for all recommended projects.
PARKS, RECREATION AND HISTORY
Sec. 14-601. Pursuant to section 1902(2) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.1902, there is appropriated from
the Michigan natural resources trust fund to the Michigan state parks endowment fund
an amount not to exceed $10,000,000.00 for the fiscal year ending September 30, 2012.
FOREST MANAGEMENT
Sec. 14-701. In addition to the funds appropriated in part 1, $350,000.00 is
appropriated to the department to cover costs related to any declared emergency
involving the collapse of any abandoned mine shaft located on state land. This
appropriation shall not be expended unless the state budget director recommends the
expenditure and the department notifies the house and senate committees on
appropriations.
Sec. 14-702. In addition to the money appropriated in this act, the department
may receive and expend money from federal sources for the purpose of providing
response to wildfires as required by a compact with the federal government. If
additional expenditure authorization is required, the department shall notify the
state budget office that expenditure under this section is required. The department
shall notify the house and senate appropriations subcommittees on natural resources
and the house and senate fiscal agencies of the expenditures under this section by
November 1, 2012.
CAPITAL OUTLAY
Sec. 14-801. (1) The director of the department shall allocate lump-sum
appropriations to the department made in this act consistent with statutory provisions
and the purposes for which funds were appropriated. Lump-sum allocations shall address
priority program or facility needs and may include, but are not limited to, design,
construction, remodeling and addition, special maintenance, major special maintenance,
energy conservation, and demolition.
(2) The state budget director may authorize that funds appropriated for lump-
sum appropriations shall be available for no more than 3 fiscal years following the
fiscal year in which the original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which it was
appropriated pursuant to the lapsing of funds as provided in the management and budget
act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 14-802. The appropriations in part 1 for capital outlay shall be carried forward
at the end of the fiscal year consistent with the provisions of section 248 of the
management and budget act, 1984 PA 431, MCL 18.1248.
Article 15
DEPARTMENT OF STATE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 15-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of state are appropriated for the fiscal year ending
September 30, 2012, and are anticipated to be appropriated for the fiscal year ending
September 30, 2013, from the funds indicated in this part. The following is a summary
of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF STATE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 1,809.0 1,809.0
GROSS APPROPRIATION..................................... $ 211,885,000 $ 216,538,500
Total interdepartmental grants and
intradepartmental transfers........................... 20,000,000 20,000,000
ADJUSTED GROSS APPROPRIATION............................ $ 191,885,000 $ 196,538,500
Total federal revenues.................................. 1,810,000 1,810,000
Total local revenues.................................... 0 0
Total private revenues.................................. 100 100
Total other state restricted revenues................... 178,788,700 183,142,400
State general fund/general purpose...................... $ 11,286,200 $ 11,586,000
Sec. 15-102. REGULATORY SERVICES
Full-time equated classified positions................ 210.5 210.5
Regulatory services..................................... $ 23,743,500 $ 23,743,500
GROSS APPROPRIATION..................................... $ 23,743,500 $ 23,743,500
Appropriated from:
State restricted revenues............................... 23,526,600 23,526,600
State general fund/general purpose...................... $ 216,900 $ 216,900
Schedule of programs:
Operations.......................................... 21,819,900 21,819,900
County clerk education and training................. 100,000 100,000
Motorcycle safety education administration.......... 323,600 323,600
Motorcycle safety education grants.................. 1,500,000 1,500,000
Sec. 15-103. CUSTOMER SERVICES
Full-time equated classified positions................ 1,373.5 1,373.5
Customer services....................................... $ 124,612,200 $ 124,612,200
GROSS APPROPRIATION..................................... $ 124,612,200 $ 124,612,200
Appropriated from:
Interdepartmental grant revenues........................ 20,000,000 20,000,000
Federal revenues........................................ 1,460,000 1,460,000
Private revenues........................................ 100 100
State restricted revenues............................... 102,893,500 102,893,500
State general fund/general purpose...................... $ 258,600 $ 258,600
Schedule of programs:
Branch operations................................... 75,703,600 75,703,600
Central operations.................................. 43,684,500 43,684,500
Commemorative license plates........................ 2,147,300 2,147,300
Specialty license plates............................ 1,922,000 1,922,000
Credit and debit assessment service fees............ 1,000,000 1,000,000
Olympic center plate................................ 75,700 75,700
Organ donor program................................. 79,100 79,100
Sec. 15-104. ELECTION REGULATION
Full-time equated classified positions................ 36.0 36.0
Election regulation..................................... $ 5,600,400 $ 5,600,400
GROSS APPROPRIATION..................................... $ 5,600,400 $ 5,600,400
Appropriated from:
Federal revenues........................................ 350,000 350,000
State general fund/general purpose...................... $ 5,250,400 $ 5,250,400
Schedule of programs:
Election administration and services................ 5,140,600 5,140,600
Fees to local units................................. 109,800 109,800
Help America vote act............................... 350,000 350,000
Sec. 15-105. OPERATIONAL SUPPORT
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 189.0 189.0
Operational support..................................... $ 57,928,900 $ 62,582,400
GROSS APPROPRIATION..................................... $ 57,928,900 $ 62,582,400
Appropriated from:
State restricted revenues............................... 52,368,600 56,722,300
State general fund/general purpose...................... $ 5,560,300 $ 5,860,100
Schedule of programs:
Secretary of State.................................. 112,500 112,500
Unclassified positions.............................. 453,200 453,200
Operations.......................................... 3,224,100 3,224,100
Building occupancy charges/rent..................... 9,772,000 9,772,000
Worker’s compensation............................... 292,500 292,500
Information technology services and projects........ 20,442,000 20,442,000
Department Services Operations...................... 22,600,800 22,600,800
Assigned claims assessments......................... 1,031,800 1,031,800
Active and retiree insurance and pension
adjustment........................................ 0 4,653,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 15-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $190,074,900.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $1,360,800.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE
Fees to local units................................................... $ 109,800
Motorcycle safety grants.............................................. 1,251,000
TOTAL................................................................. $ 1,360,800
DEPARTMENT OF STATE
Sec. 15-301. (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. 15-302. 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. 15-303. 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. 15-304. 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. 15-305. (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) 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. 15-306. 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. 15-307. 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. 15-308. 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. 15-309. (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. 15-310. (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. 15-311. 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. 15-312. (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. 15-313. (1) Any service assessment collected by the department of state
from the user of a credit or debit card under section 3 of 1995 PA 144, MCL 11.23, may
be used by the department for necessary expenses related to that service and may be
remitted to a credit or debit card company, bank, or other financial institution.
(2) The service assessment imposed by the department of state for credit and
debit card services may be based either on a percentage of each individual credit or
debit card transaction, or on a flat rate per transaction, or both, scaled to the
amount of the transaction. However, the department shall not charge any amount for a
service assessment which exceeds the costs billable to the department for service
assessments.
(3) If there is a balance of service assessments received from credit and debit
card services remaining on September 30, the balance may be carried forward to the
following fiscal year and appropriated for the same purpose.
(4) As used in this section, "service assessment" means and includes costs
associated with service fees imposed by credit and debit card companies and processing
fees imposed by banks and other financial institutions.
Sec. 15-314. (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.
Sec. 15-315. From the funds appropriated in part 1, the department of state may
collect ATM commission fees from companies that have ATMs located in secretary of
state branch offices. The commission received from the use of these ATMs shall be
credited to the transportation administration collection fund created under section
810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.
Article 16
DEPARTMENT OF STATE POLICE
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 16-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of state police are appropriated for the fiscal year
ending September 30, 2012, and are anticipated to be appropriated for the fiscal year
ending September 30, 2013, from the funds indicated in this part. The following is a
summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF STATE POLICE
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 2.0 2.0
Full-time equated classified positions................ 2,745.0 2,745.0
GROSS APPROPRIATION..................................... $ 521,482,600 $ 531,204,500
Total interdepartmental grants and
intradepartmental transfers........................... 23,546,200 24,215,200
ADJUSTED GROSS APPROPRIATION............................ $ 497,936,400 $ 506,989,300
Total federal revenues.................................. 106,251,500 107,098,000
Total local revenues.................................... 6,456,700 6,509,100
Total private revenues.................................. 216,100 224,700
Total other state restricted revenues................... 123,336,100 126,190,800
State general fund/general purpose...................... $ 261,676,000 $ 266,966,700
Sec. 16-102. EXECUTIVE DIRECTION
Full-time equated unclassified positions.............. 2.0 2.0
Full-time equated classified positions................ 38.5 38.5
Executive direction..................................... $ 5,083,700 $ 5,083,700
GROSS APPROPRIATION..................................... $ 5,083,700 $ 5,083,700
Appropriated from:
Interdepartmental grant revenues........................ 31,300 31,300
State restricted revenues............................... 483,600 483,600
State general fund/general purpose...................... $ 4,568,800 $ 4,568,800
Schedule of programs:
Unclassified positions.............................. 261,100 261,100
Executive direction................................. 2,602,400 2,602,400
Special operations and events....................... 2,220,200 2,220,200
Sec. 16-103. SCIENCE, TECHNOLOGY & TRAINING BUREAU
Full-time equated classified positions................ 459.5 459.5
Science, technology and training bureau................. $ 100,259,900 $ 100,259,900
GROSS APPROPRIATION..................................... $ 100,259,900 $ 100,259,900
Appropriated from:
Interdepartmental grant revenues........................ 5,458,300 5,458,300
Federal revenues........................................ 9,332,800 9,332,800
Local revenues.......................................... 2,913,000 2,913,000
State restricted revenues............................... 48,379,700 48,379,700
State general fund/general purpose...................... $ 34,176,100 $ 34,176,100
Schedule of programs:
Criminal justice information center division........ 11,355,700 11,355,700
Criminal records improvement........................ 2,249,500 2,249,500
Traffic safety...................................... 1,922,900 1,922,900
Laboratory operations............................... 28,765,200 28,765,200
DNA analysis program................................ 7,982,800 7,982,800
Detroit laboratory.................................. 100 100
Standards and training/justice training grants...... 8,970,400 8,970,400
Concealed weapons enforcement training.............. 100,000 100,000
Training only to local units........................ 587,900 587,900
Mental health awareness training.................... 100,000 100,000
Public safety officers benefit program.............. 149,600 149,600
Training administration............................. 4,813,300 4,813,300
Information technology services and projects........ 18,701,700 18,701,700
Michigan public safety communications system........ 13,060,800 13,060,800
In-service training – law enforcement distribution.. 450,000 450,000
In-service training - competitive................... 1,000,000 1,000,000
Fire investigation training to locals............... 50,000 50,000
Sec. 16-104. FIELD SERVICES BUREAU
Full-time equated classified positions................ 1,993.0 1,993.0
Field services bureau................................... $ 267,391,600 $ 264,091,600
GROSS APPROPRIATION..................................... $ 267,391,600 $ 264,091,600
Appropriated from:
Interdepartmental grant revenues........................ 16,680,500 16,680,500
Federal revenues........................................ 18,354,300 18,354,300
Local revenues.......................................... 3,484,400 3,484,400
Private revenues........................................ 216,100 216,100
State restricted revenues............................... 44,139,400 44,139,400
State general fund/general purpose...................... $ 184,516,900 $ 181,216,900
Schedule of programs:
Narcotics investigation funds....................... 265,100 265,100
Uniform services.................................... 44,974,600 44,974,600
Capital security guards............................. 659,200 659,200
At-post troopers.................................... 129,238,300 125,938,300
Reimbursed services................................. 2,087,100 2,087,100
Operational support................................. 7,297,100 7,297,100
Aviation program.................................... 1,529,700 1,529,700
Criminal investigations............................. 31,574,500 31,574,500
Federal antidrug initiatives........................ 10,861,900 10,861,900
Reimbursed services, materials, and equipment....... 2,997,400 2,997,400
Auto theft prevention............................... 1,041,700 1,041,700
Casino gaming oversight............................. 5,028,200 5,028,200
Fire investigation.................................. 1,811,800 1,811,800
Parole absconder sweeps............................. 12,200 12,200
Motor carrier enforcement........................... 11,019,900 11,019,900
Truck safety enforcement team operations............ 1,434,300 1,434,300
Safety inspections.................................. 6,803,500 6,803,500
School bus inspections.............................. 1,521,600 1,521,600
Safety projects..................................... 1,802,100 1,802,100
Traffic services.................................... 5,431,400 5,431,400
Sec. 16-105. SUPPORT SERVICES
Full-time equated classified positions................ 254.0 254.0
Support services........................................ $ 148,747,400 $ 161,769,300
GROSS APPROPRIATION..................................... $ 148,747,400 $ 161,769,300
Appropriated from:
Interdepartmental grant revenues........................ 1,376,100 2,045,100
Federal revenues........................................ 78,564,400 79,410,900
Local revenues.......................................... 59,300 111,700
Private revenues........................................ 0 8,600
State restricted revenues............................... 30,333,400 33,188,100
State general fund/general purpose...................... $ 38,414,200 $ 47,004,900
Schedule of programs:
Auto theft prevention program....................... 6,694,100 6,694,100
Special maintenance and utilities................... 447,600 447,600
Rent and building occupancy charges................. 8,363,200 8,363,200
Worker’s compensation............................... 3,266,300 3,266,300
Fleet leasing....................................... 12,980,700 12,980,700
Management services................................. 12,476,200 12,476,200
Budget and financial services....................... 1,746,000 1,746,000
Office of justice program grants.................... 8,497,100 8,497,100
Accounting service center........................... 1,031,100 1,031,100
Active and retiree insurance and pension adjustment. 0 13,021,900
State program planning and administration........... 1,094,100 1,094,100
Secondary road patrol program....................... 14,041,600 14,041,600
Truck safety program................................ 3,011,000 3,011,000
Federal highway traffic safety coordination......... 12,585,500 12,585,500
Emergency management planning and administration.... 5,701,200 5,701,200
Grants to local government.......................... 2,482,100 2,482,100
FEMA program assistance............................. 4,930,200 4,930,200
Nuclear power plant emergency planning.............. 2,030,000 2,030,000
Hazardous materials programs........................ 47,169,400 47,169,400
Interdepartmental grant to legislature.............. 200,000 200,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 16-201. Pursuant to section 30 of article IX of the state constitution of 1963,
total state spending from state resources under part 1 for fiscal year 2011-2012 is
$385,012,100.00 and state spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $19,056,000.00. The itemized statement below
identifies appropriations from which spending to local units of government will occur:
DEPARTMENT OF STATE POLICE
Science, technology and training bureau............................... $ 4,591,000
Support services...................................................... $ 14,465,000
TOTAL................................................................. $ 19,056,000
Sec. 16-202. As used in this act:
(a) "Department" means the department of state police.
(b) "DNA" means deoxyribonucleic acid.
(c) "FEMA" means the federal emergency management agency.
Sec. 16-203. The department shall maintain the state accident data collection
system and make this information available to the public at a reasonable cost. For
bulk access to the accident records in which the vehicle identification number has
been collected and computerized, the department shall make those records available to
the public at cost, provided that the name and address have been excluded.
Sec. 16-204. (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 $3,500,000.00 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 $1,000,000.00 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 $200,000.00 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. 16-205. The department shall provide $1,800,000.00 in Byrne justice
assistance grant program funding to the judiciary by interdepartmental grant.
FIELD SERVICES BUREAU
Sec. 16-301. State police enlisted personnel who are employed to enforce
traffic laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300,
MCL 257.629e, shall not be prohibited from responding to crimes in progress or other
emergency situations, and are responsible for protecting every citizen of this state
from harm.
Sec. 16-302. Money privately donated to the department is appropriated under
part 1 to be used for the purposes designated by the donor of the money. Money
privately donated to the department's canine unit shall be used to purchase equipment
and other items to enhance the operation of the canine unit.
SUPPORT SERVICES
Sec. 16-401. (1) The state director of emergency management may expend money
appropriated under this act to call upon any agency or department of the state or any
resource of the state to protect life or property or to provide for the health or
safety of the population in any area of the state in which the governor proclaims a
state of emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33, or
under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The state
director of emergency management may expend the amounts the director considers
necessary to accomplish these purposes. The director shall submit to the state budget
director as soon as possible a complete report of all actions taken under the
authority of this section. The report shall contain, as a separate item, a statement
of all money expended that is not reimbursable from federal money. The state budget
director shall review the expenditures and submit recommendations to the legislature
in regard to any possible need for a supplemental appropriation.
(2) In addition to the money appropriated in this act, the department may
receive and expend money from local, private, federal, or state sources for the
purpose of providing emergency management training to local or private interests and
for the purpose of supporting emergency preparedness, response, recovery, and
mitigation activity. If additional expenditure authorization in the Michigan
administrative information network is approved by the state budget office under this
section, the department and the state budget office shall notify the house and senate
appropriations subcommittees on state police and military and veterans affairs and the
house and senate fiscal agencies within 10 days after the approval. The notification
shall include the amount and source of the additional authorization, the date of its
approval, and the projected use of funds to be expended under the authorization.
Article 17
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 17-101. Subject to the conditions set forth in this article, the amounts
listed in this part for the department of technology, management and budget are
appropriated for the fiscal year ending September 30, 2012, and are anticipated to be
appropriated for the fiscal year ending September 30, 2013, from the funds indicated
in this part. The following is a summary of the appropriations and anticipated
appropriations in this part:
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 2,980.5 2,980.5
GROSS APPROPRIATION..................................... $ 1,012,141,700 $ 1,030,561,200
Total interdepartmental grants and
intradepartmental transfers........................... 609,070,400 611,571,900
ADJUSTED GROSS APPROPRIATION............................ $ 403,071,300 $ 418,989,300
Total federal revenues.................................. 2,803,400 3,134,600
Total local revenues.................................... 1,456,600 1,504,800
Total private revenues.................................. 180,600 186,800
Total other state restricted revenues................... 85,272,900 88,454,900
State general fund/general purpose...................... $ 313,357,800 $ 325,708,200
Sec. 17-102. TECHNOLOGY, MANAGEMENT AND BUDGET OPERATIONS
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 2,440.0 2,440.0
Technology, management and budget operations............ $ 684,467,400 $ 694,286,900
GROSS APPROPRIATION..................................... $ 684,467,400 $ 694,286,900
Appropriated from:
Interdepartmental grant revenues........................ 602,669,300 605,170,800
Federal revenues........................................ 100 331,300
Local revenues.......................................... 0 48,200
Private revenues........................................ 0 6,200
State restricted revenues............................... 47,119,700 50,301,700
State general fund/general purpose...................... $ 34,678,300 $ 38,428,700
Schedule of programs:
Unclassified positions.............................. 796,500 796,500
Executive direction................................. 1,410,000 1,410,000
Administrative services............................. 15,236,300 15,236,300
Budget & financial management....................... 15,726,700 15,726,700
Design and construction services.................... 5,772,800 5,772,800
Business support services........................... 9,584,200 9,584,200
Building operation service.......................... 87,962,100 87,962,100
Building occupancy charges, rent, and utilities..... 4,909,900 4,909,900
Motor vehicle fleet................................. 57,349,700 57,349,700
Information technology services and projects........ 26,011,500 26,011,500
Active retiree insurance and pension adjustment..... 0 9,819,500
Technology services................................. 435,116,600 435,116,600
Building occupancy charges - property management....
services for executive/legislative building occupancy 1,188,200 1,188,200
Retirement services................................. 18,402,900 18,402,900
Information technology innovation fund.............. 5,000,000 5,000,000
Sec. 17-103. CIVIL SERVICE COMMISSION
Full-time equated classified positions................ 506.5 506.5
Civil Service Commission................................ $ 64,794,000 $ 64,794,000
GROSS APPROPRIATION..................................... $ 64,794,000 $ 64,794,000
Appropriated from:
Interdepartmental grant revenues........................ 4,193,500 4,193,500
Federal revenues........................................ 2,803,300 2,803,300
Local revenues.......................................... 1,456,600 1,456,600
Private revenues........................................ 180,600 180,600
State restricted revenues............................... 36,068,700 36,068,700
State general fund/general purpose...................... $ 20,091,300 $ 20,091,300
Schedule of programs:
Agency services..................................... 12,371,700 12,371,700
Executive direction................................. 8,773,400 8,773,400
Employee benefits................................... 6,078,100 6,078,100
Training............................................ 1,300,000 1,300,000
Human resources operations.......................... 32,275,600 32,275,600
Information technology services and projects........ 3,995,200 3,995,200
Sec. 17-104. OFFICE OF THE STATE EMPLOYER
Full-time equated classified positions................ 23.0 23.0
Office of the state employer.......................... 2,980,800 2,980,800
GROSS APPROPRIATION..................................... $ 2,980,800 $ 2,980,800
Appropriated from:
Interdepartmental grant revenues........................ 207,600 $ 207,600
State restricted revenues............................... 2,084,500 $ 2,084,500
State general fund/general purpose...................... $ 688,700 $ 688,700
Schedule of programs:
Office of the state employer.......................... 2,980,800 2,980,800
Sec. 17-105. OFFICE OF CHILDREN’S OMBUDSMAN
Full-time equated classified positions................ 11.0 11.0
Office of children’s ombudsman.......................... $ 1,028,900 $ 1,028,900
GROSS APPROPRIATION..................................... $ 1,028,900 $ 1,028,900
Appropriated from:
State general fund/general purpose...................... $ 1,028,900 $ 1,028,900
Schedule of programs:
Children’s ombudsman.................................. 1,028,900 1,028,900
Sec. 17-106. STATE BUILDING AUTHORITY RENT
State building authority rent........................... $ 256,870,600 $ 265,470,600
GROSS APPROPRIATION..................................... $ 256,870,600 $ 265,470,600
Appropriated from:
State general fund/general purpose...................... $ 256,870,600 $ 265,470,600
Schedule of programs:
State building authority rent......................... 256,870,600 265,470,600
Sec. 17-107. CAPITAL OUTLAY
Capital outlay.......................................... $ 2,000,000 $ 2,000,000
GROSS APPROPRIATION..................................... $ 2,000,000 $ 2,000,000
Appropriated from:
Interdepartmental grant revenues........................ 2,000,000 2,000,000
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Special maintenance, remodeling and additions....... 2,000,000 2,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 2-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year
2011-2012 is $398,630,700.00 and state spending from state resources to be paid
to local units of government for fiscal year 2011-2012 is $0.00.
Sec. 17-202. As used in this act:
(a) "MAIN" means the Michigan administrative information network.
(b) "MCL" means the Michigan Compiled Laws.
(b) "PA" means public act.
DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET
Sec. 17-301. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $4,000,000.00 for federal contingency funds.
These funds are not available for expenditure until they have been transferred to
another line item in this act under section 393(2) of the management and budget act,
1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $8,000,000.00 for state restricted contingency funds. These funds
are not available for expenditure until they have been transferred to another line
item in this act under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $150,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this act under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an
amount not to exceed $100,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this act under section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
Sec. 17-302. Proceeds in excess of necessary costs incurred in the conduct of
transfers or auctions of state surplus, salvage, or scrap property made pursuant to
section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are
appropriated to the department of technology, management and budget to offset costs
incurred in the acquisition and distribution of federal surplus property.
Sec. 17-303. (1) The department of technology, management and budget may
receive and expend funds in addition to those authorized by part 1 for maintenance and
operation services provided specifically to other principal executive departments or
state agencies, the legislative branch, the judicial branch, or private tenants, or
provided in connection with facilities transferred to the operational jurisdiction of
the department of technology, management and budget.
(2) The department of technology, management and budget may receive and expend
funds in addition to those authorized by part 1 for real estate, architectural,
design, and engineering services provided specifically to other principal executive
departments or state agencies, the legislative branch, or the judicial branch.
(3) The department of technology, management and budget may receive and expend
funds in addition to those authorized in part 1 for mail pickup and delivery services
provided specifically to other principal executive departments and state agencies, the
legislative branch, or the judicial branch.
(4) The department of technology, management and budget may receive and expend
funds in addition to those authorized in part 1 for purchasing services provided
specifically to other principal executive departments and state agencies, the
legislative branch, or the judicial branch.
Sec. 17-304. (1) The source of financing in part 1 for statewide appropriations
shall be funded by assessments against longevity and insurance appropriations
throughout state government in a manner prescribed by the department of technology,
management and budget. Funds shall be used as specified in joint labor/management
agreements or through the coordinated compensation hearings process. Any deposits made
under this subsection and any unencumbered funds are restricted revenues, may be
carried over into the succeeding fiscal years, and are appropriated.
(2) In addition to the funds appropriated in part 1 for statewide
appropriations, the department of technology, management and budget may receive and
expend funds in such additional amounts as may be specified in joint labor/management
agreements or through the coordinated compensation hearings process in the same manner
and subject to the same conditions as prescribed in subsection (1).
Sec. 17-305. To the extent a specific appropriation is required for a detailed
source of financing included in part 1 for the department of technology, management
and budget appropriations financed from special revenue and internal service and
pension trust funds, or MAIN user charges, the specific amounts are appropriated
within the special revenue internal service and pension trust funds in portions not to
exceed the aggregate amount appropriated in part 1.
Sec. 17-306. In addition to the funds appropriated in part 1 to the department
of technology, management and budget, the department may receive and expend funds from
other principal executive departments and state agencies to implement administrative
leave bank transfer provisions as may be specified in joint labor/management
agreements. The amounts may also be transferred to other principal executive
departments and state agencies under the joint agreement and any amounts transferred
under the joint agreement are authorized for receipt and expenditure by the receiving
principal executive department or state agency. Any amounts received by the department
of technology, management and budget under this section and intended, under the joint
labor/management agreements, to be available for use beyond the close of the fiscal
year and any unencumbered funds may be carried over into the succeeding fiscal year.
Sec. 17-307. 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. 17-308. (1) Deposits against the interdepartmental grant from building
occupancy and parking charges appropriated in part 1 shall be collected, in part, from
state agencies, the legislative branch, and the judicial branch based on estimated
costs associated with maintenance and operation of buildings managed by the department
of technology, management and budget. To the extent excess revenues are collected due
to estimates of building occupancy charges exceeding actual costs, the excess revenues
may be carried forward into succeeding fiscal years for the purpose of returning funds
to state agencies.
(2) Appropriations in part 1 to the department of technology, management and
budget, for management and budget services from building occupancy charges and parking
charges, may be increased to return excess revenue collected to state agencies.
Sec. 17-309. The department of technology, management and budget shall maintain
an Internet website that contains notice of all invitations for bids and requests for
proposals over $50,000.00 issued by the department or by any state agency operating
under delegated authority. The department shall not accept an invitation for bid or
request for proposal in less than 14 days after the notice is made available on the
Internet website, except in situations where it would be in the best interest of the
state and documented by the department. In addition to the requirements of this
section, the department may advertise the invitations for bids and requests for
proposals in any manner the department determines appropriate, in order to give the
greatest number of individuals and businesses the opportunity to make bids or requests
for proposals.
Sec. 17-310. The department of technology, management and budget may receive
and expend funds from the Vietnam veterans memorial monument fund as provided in the
Michigan Vietnam veterans memorial act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are
appropriated and allocated when received and may be expended upon receipt.
Sec. 17-311. 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. 17-312. (1) Funds in part 1 for motor vehicle fleet are appropriated to
the department of technology, management and budget for administration and for the
acquisition, lease, operation, maintenance, repair, replacement, and disposal of state
motor vehicles.
(2) The appropriation in part 1 for motor vehicle fleet shall be funded by
revenue from rates charged to principal executive departments and agencies for
utilizing vehicle travel services provided by the department. Revenue in excess of the
amount appropriated in part 1 from the motor transport fund and any unencumbered funds
are restricted revenues and may be carried over into the succeeding fiscal year.
(3) The department of technology, management and budget may charge state
agencies for fuel cost increases that exceed $2.27 per gallon of unleaded gasoline.
The department shall notify state agencies, in writing or by electronic mail, at least
30 days before implementing additional charges for fuel cost increases. Revenues
received from these charges are appropriated upon receipt.
Sec. 17-313. In addition to the funds appropriated in part 1, the department of
technology, management and budget may receive and expend money from the Michigan law
enforcement officers memorial monument fund as provided in the Michigan law
enforcement officers memorial act, 2004 PA 177, MCL 28.781 to 28.787.
Sec. 17-314. In addition to the funds appropriated in part 1, the department of
technology, management and budget may receive and expend money from the Ronald Wilson
Reagan memorial monument fund as provided in the Ronald Wilson Reagan memorial
monument fund commission act, 2004 PA 489, MCL 399.261 to 399.266.
Sec. 17-315. The department shall make available to the public a list of all
parcels of real property owned by the state that are available for purchase. The list
shall be posted on the Internet through the department's website.
Sec. 17-316. (1) The department of technology, management and budget may sell
and accept paid advertising for placement on any state website under its jurisdiction.
The department shall review and approve the content of each advertisement. The
department may refuse to accept advertising from any person or organization or require
modification to advertisements based upon criteria determined by the department.
Revenue received under this subsection shall be used for operating costs of the
department and for future technology enhancements to state of Michigan e-government
initiatives. Funds received under this subsection shall be limited to $250,000.00. Any
funds in excess of $250,000.00 shall be deposited in the state general fund.
(2) The department of technology, management and budget may accept gifts,
donations, contributions, bequests, and grants of money from any public or private
source to assist with the underwriting or sponsorship of state webpages or services
offered on those webpages. A private or public funding source may receive recognition
in the webpage. The department of technology, management and budget may reject any
gift, donation, contribution, bequest, or grant.
(3) Funds accepted by the department of technology, management and budget under
subsection (1) are appropriated and allotted when received and may be expended upon
approval of the state budget director. The state budget office shall notify the senate
and house of representatives standing committees on appropriations subcommittees on
general government and the senate and house fiscal agencies within 10 days after the
approval is given.
Sec. 17-317. The department of technology, management and budget may enter into
agreements to supply spatial information and technical services to other principal
executive departments, state agencies, local units of government, and other
organizations. The department of technology, management and budget may receive and
expend funds in addition to those authorized in part 1 for providing information and
technical services, publications, maps, and other products. The department of
technology, management and budget may expend amounts received for salaries, supplies,
and equipment necessary to provide informational products and technical services
Sec. 17-318. 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. 17-319. When used in this act, "information technology services" means
services involving all aspects of managing and processing information, including, but
not limited to, all of the following:
(a) Application development and maintenance.
(b) Desktop computer support and management.
(c) Mainframe computer support and management.
(d) Server support and management.
(e) Local area network support and management, including, but not limited to,
wireless networking.
(f) Information technology project management.
(g) Information technology planning and budget management.
(h) Telecommunication services, security, infrastructure, and support.
Sec. 17-320. (1) Funds appropriated in part 1 for the Michigan public safety
communications system shall be expended upon approval of an expenditure plan by the
state budget director.
(2) The department of technology, management and budget shall assess all
subscribers of the Michigan public safety communications system reasonable access and
maintenance fees.
(3) All money received by the department of technology, management and budget
under this section shall be expended for the support and maintenance of the Michigan
public safety communications system.
(4) Any deposits made under this section and unencumbered funds are restricted
revenues and may be carried forward into succeeding fiscal years.
Sec. 17-321. (1) The state budget director, upon notification to the senate and
house of representatives standing committees on appropriations, may adjust spending
authorization and user fees in the department of technology, management and budget
budget in order to ensure that the appropriations for information technology in the
department budget equal the appropriations for information technology in the budgets
for all executive branch agencies.
(2) If during the course of the fiscal year a transfer or supplemental to or
from the information technology line item within an agency budget is made under
section 393 of the management and budget act, 1984 PA 431, MCL 18.1393, there is
appropriated an equal amount of user fees in the department of technology, management
and budget budget to accommodate an increase or decrease in spending authorization.
Sec. 17-322. (1) Revenue collected from licenses issued under the antenna site
management project shall be deposited into the antenna site management revolving fund
created for this purpose in the department of technology, management and budget. The
department may receive and expend money from the fund for costs associated with the
antenna site management project, including the cost of a third-party site manager. Any
excess revenue remaining in the fund at the close of the fiscal year shall be
proportionately transferred to the appropriate state restricted funds as designated in
statute or by constitution.
(2) An antenna shall not be placed on any site pursuant to this section without
complying with the respective local zoning codes and local unit of government
processes.
Sec. 17-323. In addition to the funds appropriated in part 1, the funds
collected by the department for supplying census-related information and technical
services, publications, statistical studies, population projections and estimates, and
other demographic products area appropriated for all expenses necessary to provide the
required services. These funds are available for expenditure when they are received
and may be carried forward into the next succeeding fiscal year.
CIVIL SERVICE
Sec. 17-401. (1) In accordance with section 5 of article XI of the state
constitution of 1963, all restricted funds shall be assessed a sum not less than 1% of
the total aggregate payroll paid from civil service commission on the basis on actual
restricted sources of total aggregate payroll of the classified service for the
preceding fiscal year. This includes, but it not limited to, restricted funds
appropriated in part 1 of any appropriations act. Unexpended appropriated funds shall
be returned to each 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. 17-402. 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. 17-403. 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.
STATE BUILDING AUTHORITY RENT
Sec. 17-501. (1) Subject to section 242 of the management and budget act, 1984
PA 431, MCL 18.1242, and upon the approval of the state building authority, the
department may expend from the general fund of the state during the fiscal year an
amount to meet the cash flow requirements of those state building authority projects
solely for lease to a state agency identified in both part 1 and this section, and for
which state building authority bonds or notes have not been issued, and for the sole
acquisition by the state building authority of equipment and furnishings for lease to
a state agency as permitted by 1964 PA 183, MCL 830.411 to 830.425, for which the
issuance of bonds or notes is authorized by a legislative concurrent resolution that
is effective for the fiscal year ending September 30, 2012. 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.
Sec. 17-502. (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. 17-503. (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.
CAPITAL OUTLAY
Sec. 17-601. (1) The director shall allocate lump-sum appropriations made in
this bill consistent with statutory provisions and the purposes for which funds were
appropriated. Lump-sum allocations shall address priority program or facility needs
and may include, but are not limited to, design, construction, remodeling and
addition, special maintenance, major special maintenance, energy conservation, and
demolition.
(2) The state budget director may authorize that funds appropriated for lump-
sum appropriations shall be available for no more than 3 fiscal years following the
fiscal year in which the original appropriation was made. Any remaining balance from
allocations made in this section shall lapse to the fund from which it was
appropriated pursuant to the lapsing of funds as provided in the management and budget
act, 1984 PA 431, MCL 18.11.01 to 18.1594.
Sec. 17-602. The appropriations in part 1 for capital outlay shall be carried forward
at the end of the fiscal year consistent with the provisions of section 248 of the
management and budget act, 1984 PA 431, MCL 18.1248.
Article 18
DEPARTMENT OF TRANSPORTATION
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 18-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of transportation are appropriated for the fiscal year
ending September 30, 2012, and are anticipated to be appropriated for the fiscal year
ending September 30, 2013, from the funds indicated in this part. The following is a
summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF TRANSPORTATION
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 3,043.3 3,043.3
GROSS APPROPRIATION..................................... $ 3,377,770,700 $ 3,399,943,500
Total interdepartmental grants and
intradepartmental transfers........................... 3,451,500 3,451,500
ADJUSTED GROSS APPROPRIATION............................ $ 3,374,319,200 $ 3,396,492,000
Total federal revenues.................................. 1,241,195,200 1,228,065,700
Total local revenues.................................... 53,968,500 51,711,900
Total private revenues.................................. 0 0
Total other state restricted revenues................... 2,079,155,500 2,116,714,400
State general fund/general purpose...................... $ 0 $ 0
Sec. 18-102. DEBT SERVICE
Debt service............................................ $ 287,473,400 $ 246,468,200
GROSS APPROPRIATION..................................... $ 287,473,400 $ 246,468,200
Appropriated from:
Federal revenues........................................ 53,434,300 53,458,300
State restricted revenues............................... 234,039,100 193,009,900
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
State trunkline..................................... 247,449,700 206,445,400
Economic development................................ 9,174,600 9,115,900
Local bridge fund................................... 3,261,800 3,261,700
Blue Water Bridge fund.............................. 4,115,000 4,172,200
Airport safety and protection plan.................. 3,473,500 3,892,600
Comprehensive transportation........................ 19,998,800 19,580,400
Sec. 18-103. ADMINISTRATION
Full-time equated unclassified positions.............. 6.0 6.0
Full-time equated classified positions................ 302.8 302.8
Administration.......................................... $ 70,055,100 $ 80,242,400
GROSS APPROPRIATION..................................... $ 70,055,100 $ 80,242,400
Appropriated from:
Interdepartmental grant revenues........................ 3,451,500 3,451,500
Federal revenues........................................ 520,500 520,500
State restricted revenues............................... 66,083,100 76,270,400
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Unclassified salaries............................... 602,800 602,800
Commission support and audit........................ 2,971,800 2,971,800
Business support services........................... 6,215,900 6,215,900
Property management................................. 7,915,000 7,915,000
Worker’s compensation............................... 1,760,600 1,760,600
Information technology services and projects........ 28,335,000 28,335,000
Financial services.................................. 22,254,000 22,254,000
Active and retiree insurance and pension adjustment. 0 10,187,300
Sec. 18-104. ROAD AND BRIDGE CONSTRUCTION AND
MAINTENANCE
Full-time equated classified positions................ 2,610.5 2,610.5
Road and bridge construction and maintenance............ $ 2,602,442,600 $ 2,672,012,600
GROSS APPROPRIATION..................................... $ 2,602,442,600 $ 2,672,012,600
Appropriated from:
Federal revenues........................................ 1,028,064,800 1,028,065,800
Local revenues.......................................... 30,000,000 30,000,000
State restricted revenues............................... 1,544,377,800 1,613,946,800
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Other agency support services for road and
bridge construction and maintenance............... 50,844,800 50,844,800
Asset management council............................ 1,626,400 1,626,400
Economic development and enhancement programs....... 1,219,800 1,219,800
Planning services................................... 38,415,000 38,415,000
Engineering and program services.................... 120,644,600 120,644,600
State trunkline operations.......................... 272,727,700 277,727,700
State trunkline federal aid and road and
bridge construction............................... 892,310,000 951,727,000
Local federal aid and road and bridge construction.. 240,443,000 240,443,000
Grants to local programs............................ 33,000,000 33,000,000
Rail grade crossing................................. 3,000,000 3,000,000
Local bridge program................................ 27,252,500 27,199,900
County road commissions............................. 570,598,400 573,658,800
Cities and villages................................. 318,134,200 319,840,500
Forest roads........................................ 5,000,000 5,000,000
Rural county urban system........................... 2,500,000 2,500,000
Target industries/economic redevelopment............ 8,113,200 8,332,500
Urban county congestion............................. 8,306,500 8,416,300
Rural county primary................................ 8,306,500 8,416,300
Sec. 18-105. TRANSIT, FREIGHT, AND AERONAUTICS
SERVICES
Full-time equated classified positions................ 130.0 130.0
Transit, freight, and aeronautics services.............. $ 305,047,500 $ 304,298,300
GROSS APPROPRIATION..................................... $ 305,047,500 $ 304,298,300
Appropriated from:
Federal revenues........................................ 65,085,000 65,085,000
Local revenues.......................................... 10,835,000 10,835,000
State restricted revenues............................... 229,127,500 228,378,300
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Other agency support services for transit, freight,
aeronautics services.............................. 904,100 904,100
Aeronautics services................................ 7,215,800 6,466,600
Freight and safety services......................... 3,853,900 3,853,900
Air service program................................. 100,000 100,000
Passenger transportation services................... 6,093,400 6,093,400
Local bus operating................................. 166,624,000 166,624,000
Nonurban operating/capital.......................... 22,787,900 22,787,900
Freight property management......................... 1,000,000 1,000,000
Detroit/Wayne county port authority................. 468,200 468,200
Intercity services.................................. 6,100,000 6,100,000
Rail passenger service.............................. 11,667,000 11,667,000
Freight preservation and development................ 5,100,000 5,100,000
Marine passenger service............................ 400,000 400,000
Terminal development................................ 461,000 461,000
Specialized services................................ 8,913,800 8,913,800
Municipal credit program............................ 2,000,000 2,000,000
Transit capital..................................... 50,048,400 50,048,400
Van pooling......................................... 195,000 195,000
Service initiatives................................. 1,415,000 1,415,000
Transportation to work.............................. 9,700,000 9,700,000
Sec. 18-106. CAPITAL OUTLAY
Capital outlay.......................................... $ 112,752,100 $ 96,922,000
GROSS APPROPRIATION..................................... $ 112,752,100 $ 96,922,000
Appropriated from:
Federal revenues........................................ 94,090,600 80,936,100
Local revenues.......................................... 13,133,500 10,876,900
State restricted revenues............................... 5,528,000 5,109,000
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Special, maintenance, remodeling, and additions..... 3,001,500 3,001,500
Airport safety, protection and improvement program.. 109,750,600 93,920,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 18-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $2,079,155,500.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $1,182,737,000.00. The itemized statement
below identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF TRANSPORTATION
Road and bridge construction and maintenance.......................... $ 984,700,100
Transit, freight, and aeronautics services............................ 195,510,400
Capital outlay........................................................ 2,526,500
TOTAL................................................................. $ 1,182,737,000
Sec. 18-202. As used in this act:
(a) "Department" means the department of transportation.
(b) "DOT-FHWA" means the United States department of transportation, federal
highway administration.
Sec. 18-203. (1) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $200,000,000.00 for federal contingency
funds. These funds are not available for expenditure until they have been
transferred to another line item in this act pursuant to 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 $40,000,000.00 for state restricted contingency funds. These
funds are not available for expenditure until they have been transferred to another
line item in this act pursuant to 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 $1,000,000.00 for local contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this act pursuant to 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 $1,000,000.00 for private contingency funds. These funds are not
available for expenditure until they have been transferred to another line item in
this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL
18.1393.
DEPARTMENTAL OPERATIONS
Sec. 18-301. The department may establish a fee schedule and collect fees
sufficient to cover the costs to issue the permits that the department is authorized
by law to issue upon request, unless otherwise stipulated by law. All permit fees are
nonrefundable application fees and shall be credited to the appropriate fund to
recover the direct and indirect costs of receiving, reviewing, and processing the
requests.
Sec. 18-302. If, as a requirement of bidding on a highway project, the
department requires a contractor to submit financial or proprietary documentation as
to how the bid was calculated, that bid documentation shall be kept confidential and
shall not be disclosed other than to a department representative without the
contractor's written consent. The department may disclose the bid documentation if
necessary to address or defend a claim by a contractor.
Sec. 18-303. (1) The amounts appropriated in part 1 to support tax and fee
collection, law enforcement, and other program services provided to the department and
to transportation funds by other state departments shall be expended from
transportation funds pursuant to annual contracts between the department and those
other state departments. The contracts shall be executed prior to the expenditure or
obligation of those funds. The contracts shall provide, but are not limited to, the
following data applicable to each state department:
(a) Estimated costs to be recovered from transportation funds.
(b) Description of services provided to the department and/or transportation
funds and financed with transportation funds.
(c) Detailed cost allocation methods appropriate to the type of services being
provided and the activities financed with transportation funds.
Sec. 18-304. A portion of the federal DOT-FHWA highway research, planning, and
construction funds made available to the state shall be allocated to
transportation programs administered by local jurisdictions in accordance with
section 10o of 1951 PA 51, MCL 247.660o. A local road agency, with respect to a
project approved for federal aid funding in a state transportation improvement
program, may enter into a voluntary buyout agreement with the department or
with another local road agency to exchange the federal aid with state
restricted transportation funds as agreed to by the respective parties. The
state restricted transportation funds received in exchange for federal aid
funds shall be used for the same purpose as the federal aid funds were
originally intended.
Sec. 18-305. The money received under the motor carrier act, 1933 PA 254, MCL
475.1 to 479.43, and not appropriated to the department of energy, labor, and
economic growth or the department of state police is deposited in the Michigan
transportation fund.
Sec. 18-306. Funds from the Michigan transportation fund shall be distributed
to the comprehensive transportation fund, the economic development fund, the
recreation improvement fund, and the state trunkline fund, in accordance with
this act and part 711 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.71101 to 324.71108, and may only be used as specified
in this act, 1951 PA 51, MCL 247.651 to 247.675, and part 711 of the natural
resources and environmental protection act, 1994 PA 451, MCL 324.71101 to
324.71108.
Sec. 18-307. At the close of the fiscal year, any unencumbered and unexpended
balance in the state trunkline fund shall remain in the state trunkline fund and shall
carry forward and is appropriated for federal aid road and bridge programs for
projects contained in the annual state transportation program.
Sec. 18-308. (1) The funds appropriated in part 1 for the economic development
and local bridge programs shall not lapse at the end of the fiscal year but
shall carry forward each fiscal year for the purposes for which appropriated in
accordance with 1987 PA 231, MCL 247.901 to 247.913, and section 10(5) of 1951
PA 51, MCL 247.660.
(2) Interest earned in the department of transportation economic development
fund and local bridge fund shall remain in the respective funds and shall be allocated
to the respective programs based on actual interest earned at the end of each fiscal
year.
(3) In addition to the funds appropriated in part 1, the department of
transportation economic development fund and local bridge fund may receive federal,
local, or private funds or restricted source funds such as interest earnings. These
funds are appropriated for projects that are consistent with the purposes of the
respective funds.
(4) None of the funds statutorily dedicated to the transportation economic
development fund and local bridge fund shall be diverted to other projects.
Sec. 18-309. Except as otherwise provided in section 18-403 for capital outlay,
at the close of the fiscal year, any unobligated and unexpended balance in the
state aeronautics fund created in the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.1 to 259.208, shall lapse to the state
aeronautics fund and be appropriated by the legislature in the immediately
succeeding fiscal year.
Sec. 18-310. (1) From funds appropriated in part 1, the department may increase
a state infrastructure bank program and grant or loan funds in accordance with
regulations of the state infrastructure bank program of the United States department
of transportation. The state infrastructure bank is to be administered by the
department for the purpose of providing a revolving, self-sustaining resource for
financing transportation infrastructure projects.
(2) In addition to funds provided in subsection (1), money received by the
state as federal grants, repayment of state infrastructure bank loans, or other
reimbursement or revenue received by the state as a result of projects funded by the
program and interest earned on that money shall be deposited in the revolving state
infrastructure bank fund and shall be available for transportation infrastructure
projects. At the close of the fiscal year, any unencumbered funds remaining in the
state infrastructure bank fund shall remain in the fund and be carried forward into
the succeeding fiscal year.
Sec. 18-311. Money that is received by the state as a lease payment for state-
owned intercity bus equipment is not money to be deposited in the comprehensive
transportation fund under section 10b of 1951 PA 51, MCL 247.660b, but is money that
is deposited in an intercity bus equipment fund for appropriation for the purchase and
repair of intercity bus equipment. Proceeds received by the state from the sale of
intercity bus equipment are deposited in an intercity bus equipment fund for
appropriation for the purchase and repair of intercity bus equipment. Security
deposits from the lease of state-owned intercity bus equipment not returned to the
lessee of the equipment under terms of the lease agreement are deposited in an
intercity bus equipment fund for appropriation for the repair of intercity bus
equipment. At the close of the fiscal year, any funds remaining in the intercity bus
equipment fund shall remain in the fund and be carried forward into the succeeding
fiscal year.
Sec. 18-312. Money that is received by the state as repayment for loans made
for rail or water freight capital projects, and as a result of the sale of property or
equipment used or projected to be used for rail or water freight projects shall be
deposited in the fund created by section 17 of the state transportation preservation
act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal year, any funds
remaining in the rail freight fund shall remain in the fund and be carried forward
into the succeeding fiscal year.
Sec. 18-313. The Detroit/Wayne County port authority shall issue a complete
operations assessment and a financial disclosure statement. The operations assessment
shall include operational goals for the next 5 years and recommendations to improve
land acquisition and development efficiency. The report shall be completed and
submitted to the house of representatives and senate appropriations subcommittees on
transportation, the state budget director, and the house and senate fiscal agencies by
February 15 of each fiscal year for the prior fiscal year.
Sec. 18-314. For the fiscal year ending September 30, 2012, the appropriation
to a street railway pursuant to section 10E(22) of 1951 PA 51, MCL 247.660E, is
$0.
CAPITAL OUTLAY
Sec. 18-401. (1) From federal-state-local project appropriations contained in
part 1 for the purpose of assisting political entities and subdivisions of this
state in the construction and improvement of publicly used airports and landing
fields within this state, the state transportation department may permit the
award of contracts on behalf of units of local government for the authorized
locations not to exceed the indicated amounts, of which the state allocated
portion shall not exceed the amount appropriated in part 1.
(2) Political entities and subdivisions shall provide not less than 2.5% of the
cost of any project under this section, unless a total nonfederal share greater
than 5% is otherwise specified in federal law. State money shall not be
allocated until local money is allocated. State money for any 1 project shall
not exceed 1/3 of the total appropriation in part 1 from state funds for
airport improvement programs.
(3) The Michigan aeronautics commission may take those steps necessary to match
federal money available for airport construction and improvement within this
state and to meet the matching requirements of the federal government. Whether
acting alone or jointly with another political subdivision or public agency or
with this state, a political subdivision or public agency of this state shall
not submit to any agency of the federal government a project application for
airport planning or development unless it is authorized in this act and the
project application is approved by the governing body of each political
subdivision or public agency making the application and by the Michigan
aeronautics commission.
Sec. 18-402. (1) The director shall allocate lump-sum appropriations made in
this act consistent with statutory provisions and the purposes for which funds
were appropriated. Lump-sum allocations shall address priority program or
facility needs and may include, but are not limited to, design, construction,
remodeling and addition, special maintenance, major special maintenance, energy
conservation, and demolition.
(2) The state budget director may authorize that funds appropriated for lump-
sum appropriations shall be available for no more than 3 fiscal years following
the fiscal year in which the original appropriation was made. Any remaining
balance from allocations made in this section shall lapse to the fund from
which it was appropriated pursuant to the lapsing of funds as provided in the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 18-403. The appropriations in part 1 for capital outlay shall be carried
forward at the end of the fiscal year consistent with the provisions of section
248 of the management and budget act, 1984 PA 431, MCL 18.1248.
Article 19
DEPARTMENT OF TREASURY
PART 1
LINE-ITEM APPROPRIATIONS AND ANTICIPATED APPROPRIATIONS
Sec. 19-101. Subject to the conditions set forth in this article, the amounts listed
in this part for the department of treasury are appropriated for the fiscal year
ending September 30, 2012, and are anticipated to be appropriated for the fiscal year
ending September 30, 2013, from the funds indicated in this part. The following is a
summary of the appropriations and anticipated appropriations in this part:
DEPARTMENT OF TREASURY
APPROPRIATION SUMMARY
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 2,198.5 2,198.5
GROSS APPROPRIATION..................................... $ 1,969,934,100 $ 1,998,979,500
Total interdepartmental grants and
intradepartmental transfers........................... 14,421,600 14,421,600
ADJUSTED GROSS APPROPRIATION............................ $ 1,955,512,500 $ 1,984,557,900
Total federal revenues.................................. 257,374,300 257,448,300
Total local revenues.................................... 2,099,200 2,099,200
Total private revenues.................................. 350,000 350,000
Total other state restricted revenues................... 1,437,287,500 1,475,196,200
State general fund/general purpose...................... $ 258,401,500 $ 249,464,200
Sec. 19-102. LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions................ 99.0 99.0
Local government programs............................... $ 18,863,600 $ 18,863,600
GROSS APPROPRIATION..................................... $ 18,863,600 $ 18,863,600
Appropriated from:
Federal revenues........................................ 1,000,000 1,000,000
Local revenues.......................................... 2,099,200 2,099,200
State restricted revenues............................... 8,327,600 8,327,600
State general fund/general purpose...................... $ 7,436,800 $ 7,436,800
Schedule of programs:
Supervision of the general property tax law......... 12,730,300 12,730,300
Property tax assessor training...................... 457,100 457,100
Local finance....................................... 2,450,300 2,450,300
Land Bank fast track authority – bond finance....... 2,823,500 2,823,500
Business property tax appeal........................ 402,400 402,400
Sec. 19-103. TAX PROGRAMS
Full-time equated classified positions................ 1,036.0 1,036.0
Tax programs............................................ $ 118,983,200 $ 118,983,200
GROSS APPROPRIATION..................................... $ 118,983,200 $ 118,983,200
Appropriated from:
Interdepartmental grant revenues........................ 12,939,700 12,939,700
Federal revenues........................................ 2,834,800 2,834,800
State restricted revenues............................... 92,337,100 92,337,100
State general fund/general purpose...................... $ 10,871,600 $ 10,871,600
Schedule of programs:
Customer contact.................................... 10,160,300 10,160,300
Tax compliance...................................... 38,456,900 38,456,900
Tax & Economic policy............................... 13,669,300 13,669,300
Tax processing...................................... 15,630,400 15,630,400
Home heating assistance............................. 2,834,800 2,834,800
Bottle act implementation........................... 250,000 250,000
Michigan Business tax............................... 5,209,400 5,209,400
Unclaimed property.................................. 4,356,600 4,356,600
Collections......................................... 24,492,100 24,492,100
Receipts processing................................. 3,923,400 3,923,400
Sec. 19-104. FINANCIAL PROGRAMS
Full-time equated classified positions................ 237.5 237.5
Financial programs...................................... $ 61,257,400 $ 61,257,400
GROSS APPROPRIATION..................................... $ 61,257,400 $ 61,257,400
Appropriated from:
Interdepartmental grant revenues........................ 177,100 177,100
Federal revenues........................................ 35,394,900 35,394,900
State restricted revenues............................... 24,047,700 24,047,700
State general fund/general purpose...................... $ 1,637,700 $ 1,637,700
Schedule of programs:
Investments......................................... 17,614,500 17,614,500
Common cash and debt management..................... 1,365,700 1,365,700
Student financial assistance programs............... 37,439,100 37,439,100
Michigan Finance authority bond finance............. 3,068,100 3,068,100
Public private partnership investment............... 1,487,900 1,487,900
John R. Justice grant program....................... 282,100 282,100
Sec. 19-105. GRANTS
Grants.................................................. $ 143,447,000 $ 133,447,000
GROSS APPROPRIATION..................................... $ 143,447,000 $ 133,447,000
Appropriated from:
State restricted revenues............................... 112,496,600 112,496,600
State general fund/general purpose...................... $ 30,950,400 $ 20,950,400
Schedule of programs:
Convention facility development distribution........ 74,850,000 74,850,000
Presidential primary................................ 10,000,000 0
Senior citizen cooperative housing tax exemption
program........................................... 12,020,000 12,020,000
Emergency 911 Payments.............................. 27,000,000 27,000,000
Health and safety fund grants....................... 9,000,000 9,000,000
Commercial forest reserve........................... 1,991,600 1,991,600
Purchased lands..................................... 3,292,200 3,292,200
Swamp and tax reverted lands........................ 5,293,200 5,293,200
Sec. 19-106. REVENUE SHARING
Revenue sharing......................................... $ 958,979,300 $ 991,080,300
GROSS APPROPRIATION..................................... $ 958,979,300 $ 991,080,300
Appropriated from:
State restricted revenues............................... 958,979,300 991,080,300
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Constitutional state general revenue sharing grants. 658,979,300 680,436,100
County revenue sharing grants....................... 100,000,000 110,644,200
Incentive-based revenue sharing program............. 200,000,000 200,000,000
Sec. 19-107. DEBT SERVICE
Debt service............................................ $ 140,928,000 $ 140,928,000
GROSS APPROPRIATION..................................... $ 140,928,000 $ 140,928,000
Appropriated from:
State restricted revenues............................... 15,514,500 15,514,500
State general fund/general purpose...................... $ 125,413,500 $ 125,413,500
Schedule of programs:
Water pollution control board and interest redemption 2,125,500 2,125,500
Quality of life board............................... 75,278,500 75,278,500
Clean Michigan Initiative........................... 59,373,100 59,373,100
Great Lakes water quality........................... 4,150,900 4,150,900
Sec. 19-108. ADMINISTRATION
Full-time equated unclassified positions.............. 10.0 10.0
Full-time equated classified positions................ 74.0 74.0
Administration.......................................... $ 31,680,400 $ 38,174,200
GROSS APPROPRIATION..................................... $ 31,680,400 $ 38,174,200
Appropriated from:
Interdepartmental grant revenues........................ 1,267,200 1,267,200
Federal revenues........................................ 631,800 631,800
State restricted revenues............................... 20,406,600 26,214,300
State general fund/general purpose...................... $ 9,374,800 $ 10,060,900
Schedule of programs:
Unclassified positions.............................. 923,000 923,000
Office of the director.............................. 1,013,700 1,013,700
Departmental and budget services.................... 4,218,300 4,218,300
Finance and accounting.............................. 1,997,500 1,997,500
Travel.............................................. 1,209,500 1,209,500
Rent and building occupancy charges property
management services............................... 5,357,600 5,357,600
Worker’s compensation insurance premium............. 168,000 168,000
Treasury operations information technology services
and projects...................................... 16,792,800 16,792,800
Active and retiree insurance and pension adjustment. 0 6,493,800
Sec. 19-109. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions................ 289.0 289.0
Michigan State Housing Development Authority............ $ 225,973,100 $ 225,973,100
GROSS APPROPRIATION..................................... $ 225,973,100 $ 225,973,100
Appropriated from:
Federal revenues........................................ 166,860,000 166,860,000
State restricted revenues............................... 59,113,100 59,113,100
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Payments on behalf of tenants....................... 166,860,000 166,860,000
Housing and rental assistance....................... 48,562,500 48,562,500
State historic preservation program................. 3,105,700 3,105,700
Lighthouse preservation program..................... 307,500 307,500
Rent and administrative support..................... 3,846,100 3,846,100
Michigan state housing development authority
technology services and projects.................. 3,291,300 3,291,300
Sec. 19-110. BUREAU OF STATE LOTTERY
Full-time equated classified positions................ 179.0 179.0
Bureau of State Lottery................................. $ 44,186,600 $ 44,186,600
GROSS APPROPRIATION..................................... $ 44,186,600 $ 44,186,600
Appropriated from:
State restricted revenues............................... 44,186,600 44,186,600
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Lottery operations.................................. 21,657,900 21,657,900
Promotion and advertising........................... 17,690,900 17,690,900
Lottery information technology services and projects 4,837,800 4,837,800
Sec. 19-111. MICHIGAN STRATEGIC FUND
Full-time equated classified positions................ 158.0 158.0
Michigan Strategic Fund................................. $ 199,325,700 $ 199,776,300
GROSS APPROPRIATION..................................... $ 199,325,700 $ 199,776,300
Appropriated from:
Interdepartmental grant revenues........................ 37,600 37,600
Federal revenues........................................ 50,652,800 50,726,800
Private revenues........................................ 350,000 350,000
State restricted revenues............................... 75,568,600 75,568,600
State general fund/general purpose...................... $ 72,716,700 $ 73,093,300
Schedule of programs:
Administration...................................... 2,786,200 2,786,200
Job creation services............................... 16,192,300 16,192,300
Pure Michigan....................................... 25,000,000 25,000,000
Innovation and entrepreneurship..................... 25,000,000 25,000,000
Business attraction and economic gardening.......... 50,000,000 50,000,000
Community development block grants.................. 47,000,000 47,000,000
Arts and cultural grants............................ 2,580,300 2,580,300
Michigan film office................................ 766,900 766,900
Quality of place and talent enhancement............. 5,000,000 5,000,000
Film incentive program.............................. 25,000,000 25,000,000
Active and retiree insurance and pension adjustment. 0 450,600
Sec. 19-112. CASINO GAMING
Full-time equated classified positions................ 126.0 126.0
Casino Gaming........................................... $ 26,309,800 $ 26,309,800
GROSS APPROPRIATION..................................... $ 26,309,800 $ 26,309,800
Appropriated from:
State restricted revenues............................... 26,309,800 26,309,800
State general fund/general purpose...................... $ 0 $ 0
Schedule of programs:
Michigan gaming control board....................... 50,000 50,000
Casino gaming control administration................ 22,418,800 22,418,800
Racing commission................................... 2,193,300 2,193,300
Casino gaming information technology services and
projects.......................................... 1,647,700 1,647,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FISCAL YEAR 2012
GENERAL SECTIONS
Sec. 19-201. Pursuant to section 30 of article IX of the state constitution of
1963, total state spending from state resources under part 1 for fiscal year 2011-2012
is $1,695,689,000.00 and state spending from state resources to be paid to local units
of government for fiscal year 2011-2012 is $1,112,972,800.00. The itemized statement
below identifies appropriations from which spending to local units of government will
occur:
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption...................... $ 12,020,000
Health and safety fund grants......................................... 9,000,000
Constitutional state general revenue sharing grants................... 658,979,300
Convention facility development fund distribution..................... 74,850,000
Emergency 9-1-1 payments.............................................. 24,600,000
Presidential primary.................................................. 10,000,000
County revenue sharing payments....................................... 100,000,000
Incentive-based revenue sharing program............................... 200,000,000
Airport parking distribution pursuant to section 909.................. 12,946,500
Payments in lieu of taxes............................................. 10,577,000
TOTAL................................................................. $ 1,112,972,800
Sec. 19-202. As used in this act:
(a) "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.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 19-301. (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. 19-302. (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. 19-303. (1) From the funds appropriated in part 1, the department of
treasury may contract with private collection agencies and law firms to collect taxes
and other accounts due this state. In addition to the amounts appropriated in part 1
to the department of treasury, there are appropriated amounts necessary to fund
collection costs and fees not to exceed 25% of the collections or 2.5% plus operating
costs, whichever amount is prescribed by each contract. The appropriation to fund
collection costs and fees for the collection of taxes or other accounts due this state
are from the fund or account to which the revenues being collected are recorded or
dedicated. However, if the taxes collected are constitutionally dedicated for a
specific purpose, the appropriation of collection costs and fees are from the general
purpose account of the general fund.
(2) From the funds appropriated in part 1, the department of treasury may
contract with private collections agencies and law firms to collect defaulted student
loans and other accounts due the Michigan guaranty agency. In addition to the amounts
appropriated in part 1 to the department of treasury, there are appropriated amounts
necessary to fund collection costs and fees not to exceed 23% of the collection or a
lesser amount as prescribed by the contract. The appropriation to fund collection
costs and fees for the auditing and collection of defaulted student loans due the
Michigan guaranty agency is from the fund or account to which the revenues being
collected are recorded or dedicated.
Sec. 19-304. (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. 19-305. (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. 19-306. 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. 19-307. 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. 19-308. 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. 19-309. The disbursement by the department of treasury from the bottle
deposit fund to dealers as required by section 3c(2) of 1976 IL 1, MCL 445.573c, is
appropriated.
Sec. 19-310. (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. 19-311. 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. 19-312. 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.
Sec. 19-313. 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. 19-314. 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 2010. Except as otherwise
provided in this section, the amount appropriated shall not revert to the general fund
and shall remain in the state campaign fund. Any amounts remaining in the state
campaign fund in excess of $10,000,000.00 on December 31 shall revert to the general
fund.
Sec. 19-315. 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.
Sec. 19-316. 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.
Sec. 19-317. 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. 19-318. 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.
Sec. 19-319. 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.
Sec. 19-320. (1) A public-private partnership investment fund is created in the
department of treasury. Subject to subsections (2) and (3), public-private partnership
investments shall include, but are not limited to, all of the following:
(a) Capital asset improvements including buildings, land, or structures.
(b) Energy resource exploration, extraction, generation, and sales.
(c) Financial and investment incentive opportunities.
(d) Infrastructure construction, maintenance, and operation.
(e) Public-private sector joint ventures that provide economic benefit to an
area or to the state.
(2) The state treasurer and the state budget director shall determine whether
or not a specific public-private partnership investment opportunity qualifies for
funding under subsection (1).
(3) Investment development revenue, including a portion of the proceeds from
the sale of any public-private partnership investment designated in subsection (1),
shall be deposited into the fund created in subsection (1) and shall be available for
administration, development, financing, marketing, and operating expenditures
associated with public-private partnerships, unless otherwise provided by law. Public-
private partnership investments authorized in subsection (1) are authorized for public
or private operation or sale consistent with state law. Expenditures from the fund are
authorized for investment purposes as designated in subsection (1) to enhance the
marketable value of each investment. The unencumbered balance remaining in the fund at
the end of the fiscal year may be carried forward for appropriation in future years.
Sec. 19-321. Unexpended appropriations of the John R. Justice grant 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 provide student loan forgiveness to
qualified public defenders and prosecutors.
(b) The project will be accomplished by utilizing state employees or contracts
with private vendors, or both.
(c) The total estimated cost of the project is $282,100.00.
(d) The tentative completion date is September 30, 2012.
Sec. 19-322. 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. 19-323. 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.
Sec. 19-324. (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.
(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. 19-325. 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. 19-326. (1) The department of treasury may expend revenues received under
the hospital finance authority act, 1969 PA 38, MCL 331.31 to 331.84, the shared
credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076, the higher education
facilities authority act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public
educational facilities authority, Executive Reorganization Order No. 2002-3, MCL
12.192, the Michigan tobacco settlement finance authority act, 2005 PA 226, MCL
129.261 to 129.279, the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774,
part 505 of the natural resources and environmental protection act, 1994 PA 451, MCL
324.50501 to 324.50522, the state housing development authority act of 1966, 1966 PA
346, MCL 125.1401 to 125.1499c, and the Michigan finance authority, Executive
Reorganization Order No. 2010-2, MCL 12.194, for necessary salaries, wages, supplies,
contractual services, equipment, worker's compensation insurance premiums, grants to
the civil service commission and state employees' retirement fund, and other expenses
as allowed under those acts.
REVENUE SHARING
Sec. 19-401. 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.
Sec. 19-402. (1) The funds appropriated in part 1 for county revenue sharing
shall be distributed by the department to eligible counties pursuant to the Glenn
Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921.
(2) The department of treasury shall annually certify to the state budget
director the amount each county is authorized to expend from its revenue sharing
reserve fund.
MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Sec. 19-501. In addition to the amounts appropriated in part 1 for the
administration of the land bank fast track authority, the authority may expend
revenues received under the land bank fast track act, 2003 PA 258, MCL 124.751 to
124.774, for the purposes authorized by the act including, but not limited to, the
acquisition, lease, management, demolition, maintenance, or rehabilitation of real or
personal property, payment of debt service for notes or bonds issued by the authority,
and other expenses to clear or quiet title property held by the authority.
Sec. 19-502. In addition to the funds appropriated in part 1, the funds
collected by state historic preservation programs for document reproduction and
services and application fees are appropriated for all expenses necessary to provide
the required services. These funds are available for expenditure when they are
received and may be carried forward into the succeeding fiscal year.
BUREAU OF STATE LOTTERY
Sec. 19-601. In addition to the funds appropriated in part 1 to the bureau of
state lottery, there is appropriated from lottery revenues the amount necessary for,
and directly related to, implementing and operating lottery games. Appropriations
under this section shall only be expended for contractually mandated payments for
vendor commissions, contractually mandated payments for instant tickets intended for
resale, the contractual costs of providing and maintaining the online system
communications network, and incentive and bonus payments to lottery retailers.
MICHIGAN STRATEGIC FUND
Sec. 19-701. (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. 19-702. In addition to the appropriations in part 1, Travel Michigan may
receive and expend private revenue related to the use of the Pure Michigan and all
other 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. 19-703. 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. 19-704. (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. 19-705. (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. 19-706. 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. 19-707. The unexpended portion of funds appropriated in 2007 PA 127 for
the Jobs for Michigan Investment Program 21st century jobs fund is appropriated for the
same purposes as originally appropriated and is available until September 30, 2016.
The project will be completed through the use of staff, awards and contracts and will
not exceed $75,000,000.
Sec. 19-708. (1) From the appropriation in part 1, the Michigan council for
arts and cultural affairs shall administer an arts and cultural grant program that
maintains an equitable and fair geographic distribution of funding for the arts and
cultural grant program.
(2) Grant monies that were awarded but returned after the end of the previous
fiscal year shall be carried forward and available to be used for the same purposes
for which the funding was originally appropriated.
CASINO GAMING
Sec. 19-801. From the revenue collected by the Michigan gaming control board
regarding the total annual assessment of each casino licensee, $2,000,000.00 is
appropriated and shall be deposited in the compulsive gaming prevention fund as
described in section 12a(5) of the Michigan gaming control and revenue act, 1996 IL 1,
MCL 432.212a.
Sec. 19-802. (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) A local revenue sharing board described in subsection (1) shall comply with
all applicable provisions of any agreement authorized by the Indian Gaming Regulatory
Act, Public Law 100-497, in which the local revenue sharing board is referenced,
including, but not limited to, the disbursal of tribal casino payments received under
applicable provisions of the Tribal-State Class III Gaming Compact(s) in which those
funds are received.
(5) 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.
(6) 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. 19-803. If revenues collected in the state services fee fund are less than
the amounts appropriated from the fund, available revenues shall be used to fully fund
the appropriation in part 1 for casino gaming regulation activities before
distributions are made to other state departments and agencies. If the remaining
revenue in the fund is insufficient to fully fund appropriations to other state
departments or agencies, the shortfall shall be distributed proportionally among those
departments and agencies.
Sec. 19-804. The racing commissioner may pay rewards of not more than $5,800.00
to a person who provides information that results in the arrest and conviction on a
felony or misdemeanor charge for a crime that involves the horse racing industry. A
reward paid pursuant to this section shall be paid out of the office of racing
commissioner line item.
Sec. 19-805. All appropriations from the Michigan agriculture equine industry
development fund, except for the racing commission and laboratory analysis program
appropriations, shall be reduced proportionately if revenues to the Michigan
agriculture equine industry development fund decline during the fiscal year ending
September 30, 2011 to a level lower than the amount appropriated in section 109(11).
Sec. 19-806. The Michigan gaming control board shall use actual expenditure
data in determining the actual regulatory costs of conducting racing dates and shall
provide that data to the senate and house appropriations subcommittees on agriculture
and general government and the senate and house fiscal agencies. The Michigan gaming
control board shall not be reimbursed for more than the actual regulatory cost of
conducting race dates. If a certified horsemen's organization funds more than the
actual regulatory cost, the balance shall remain in the agriculture equine industry
development fund to be used to fund subsequent race dates conducted by race meeting
licensees with which the certified horsemen's organization has contracts. If a
certified horsemen's organization funds less than the actual regulatory costs of the
additional horse racing dates, the Michigan gaming control board shall reduce the
number of future race dates conducted by race meeting licensees with which the
certified horsemen's organization has contracts. Prior to the reduction in the number
of authorized race dates due to budget deficits, the executive director of the
Michigan gaming control board shall provide notice to the certified horsemen's
organizations with an opportunity to respond with alternatives. In determining actual
costs, the Michigan gaming control board shall take into account that each specific
breed may require different regulatory mechanisms.
Article 20
MISCELLANEOUS
PART 1
PROVISIONS CONCERNING APPROPRIATIONS
Sec. 20-101. The appropriations in this bill are subject to the following
provisions concerning appropriations for the fiscal year ending September 30, 2012:
GENERAL SECTIONS
Sec. 20-201. (1) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending from state sources for fiscal year 2011-
2012 is estimated at $26,336,775,800.00 in the 2011-2012 appropriations acts and total
state spending from state sources paid to local units of government for fiscal year
2011-2012 is estimated at $14,717,752,700.00. The state-local proportion is estimated
at 55.9% of total state spending from state resources.
(2) If payments to local units of government and state spending from state
sources for fiscal year 2011-2012 are different than the amounts estimated in
subsection (1), 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 2011-
2012 to the senate and house of representatives standing committees on appropriations
within 30 days after the final book-closing for fiscal year 2011-2012.
Sec. 20-202. The appropriations authorized under this bill are subject to the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 20-203. 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. 20-204. Pursuant to section 352 of the management and budget act, 1984 PA
431, MCL 18.1352, which provides for a transfer of state general funds into or out of
the countercyclical budget and economic stabilization fund, there is appropriated from
the countercyclical budget and economic stabilization fund the sum of $0.00. The
calculation required by section 352 of the management and budget act, 1984 PA 431, MCL
18.1352, is determined as follows:
2011 2012
Michigan personal income (millions)................... $359,982 $371,862
less: transfer payments......................... 82,794 85,277
Subtotal........................................ $277,188 $286,585
Divided by: Detroit Consumer Price Index for 12 months
ending June 30.................................. 2.064 2.093
Equals: real adjusted Michigan personal
income.......................................... $134,319 $136,955
Percentage change .................................... 2.0%
Percentage change less than 0% ....................... 0.0%
Multiplied by: estimated general fund/general purpose
revenue in fiscal year 2011-2012 (millions)..... 7,294.1
Equals: countercyclical budget and
economic stabilization fund payout calculation
for the fiscal year ending September 30,
2012............................................ $0.0
REVENUE STATEMENT
Sec. 20-301. 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 2011-2012
Beginning
Unreserved
Fund Estimated Ending
Fund Balance Revenue Balance
OPERATING FUNDS
General fund/general purpose 0110 313.6 8,290.4 473.4
General fund/special purpose 972.1 20,529.7 321.1
Special Revenue Funds:
Countercyclical budget and
economic stabilization 0111 2.2 0.0 2.2
Game and fish protection 0112 3.9 63.9 1.8
Michigan employment security act
administration 0113 11.8 8.4 15.0
State aeronautics 0114 19.4 119.8 31.5
Michigan veterans' benefit
trust 0115 0.0 5.2 0.0
State trunkline 0116 5.7 1,905.8 (20.5)
Michigan state waterways 0117 1.4 27.4 0.1
Blue Water Bridge 0118 19.3 21.3 20.6
Michigan transportation 0119 0.0 1,853.4 0.0
Comprehensive transportation 0120 0.1 315.4 (66.0)
School aid 0122 0.0 13,259.6 0.0
Beginning
Unreserved
Fund Estimated Ending
Fund Balance Revenue Balance
Game and fish protection trust 0124 6.0 8.7 6.0
State park improvement 0125 6.0 48.6 14.1
Forest development 0126 3.8 29.2 0.0
Michigan civilian conservation
corps endowment 0128 0.0 0.0 0.0
Michigan natural resources
trust 0129 35.8 0.7 24.7
Michigan state parks endowment 0130 4.9 43.8 20.6
Safety education and training 0131 6.1 8.7 6.4
Bottle deposit 0136 0.0 11.7 0.0
State construction code 0138 2.6 7.3 0.0
Children's trust 0139 0.9 2.9 0.7
State casino gaming 0140 0.0 34.3 (2.0)
Michigan nongame fish and
wildlife 0143 0.1 0.3 0.0
Michigan merit award trust 0154 0.0 136.0 0.0
Outdoor recreation legacy 0162 0.4 2.9 0.7
Off-road vehicle account 0163 0.2 3.6 0.1
Snowmobile account 0164 0.7 12.1 0.7
Silicosis dust disease
and logging 0870 2.1 1.7 2.1
Utility consumer representation 0893 3.6 1.1 3.6
TOTALS $1,422.7 $46,753.8 $857.0
