SB-0772, As Passed Senate, September 17, 2007

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 772

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make interim general appropriations for various

 

state departments and agencies, capital outlay, the legislative

 

branch, the judicial branch, and certain other purposes for the

 

period of October 1, 2007 to October 31, 2007; to provide for the

 

expenditure of the appropriations; to provide for the disposition

 

of fees and other income received by various state departments and

 

agencies; to provide for the appointment of special committees; and

 

to declare the effect of this act.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

     Sec. 1. (1) To eliminate any possible disturbance of normal

 

state fiscal operations which will occur if the 2007-2008

 

appropriations bills are not enacted into law by October 1, 2007


 

and to provide for the uninterrupted continuous operations of state

 

government, there is appropriated for the various state departments

 

and agencies, capital outlay, the legislative branch, the judicial

 

branch, and certain other purposes, for the period from October 1,

 

2007 to October 31, 2007, the amounts authorized in this act.

 

     (2) The expenditure of the interim appropriations authorized

 

under this act shall be predicated on activities, programs, or

 

projects for which appropriations were authorized for the fiscal

 

year ending September 30, 2007:

 

APPROPRIATION SUMMARY:

 

   Full-time equated unclassified positions........ 181.5

 

   Full-time equated classified positions....... 56,269.3

 

   Full-time equated exempted positions............ 509.0

 

GROSS APPROPRIATION.................................... $  2,751,384,400

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        59,405,700

 

ADJUSTED GROSS APPROPRIATION........................... $  2,691,978,700

 

Total federal revenues.................................       995,471,700

 

Total local revenues...................................        33,566,500

 

Total private revenues.................................         7,314,200

 

Total other state restricted revenues..................       678,267,400

 

State general fund/general purpose..................... $    977,358,900

 

 

 

   Sec. 102. DEPARTMENT OF AGRICULTURE

 

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

 

   Full-time equated classified positions.......... 682.0

 

Operations, grants, and services....................... $       9,186,000


 

GROSS APPROPRIATION.................................... $      9,186,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           864,000

 

   Federal revenues:

 

Total federal revenues.................................         1,961,900

 

   Special revenue funds:

 

Total private revenues.................................            15,300

 

Total other state restricted revenues..................         3,983,600

 

State general fund/general purpose..................... $      2,361,200

 

 

 

   Sec. 103. DEPARTMENT OF ATTORNEY GENERAL

 

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

 

   Full-time equated classified positions.......... 559.0

 

Operations, grants, and services....................... $       5,428,900

 

GROSS APPROPRIATION.................................... $      5,428,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,128,300

 

   Federal revenues:

 

Total federal revenues.................................           830,100

 

   Special revenue funds:

 

Total other state restricted revenues..................           931,300

 

State general fund/general purpose..................... $      2,539,200

 

 


 

   Sec. 104. CAPITAL OUTLAY

 

Operations, grants, and services....................... $      18,297,700

 

GROSS APPROPRIATION.................................... $     18,297,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           166,700

 

   Federal revenues:

 

Total federal revenues.................................        12,602,500

 

   Special revenue funds:

 

Total local revenues...................................         1,054,000

 

Total other state restricted revenues..................         4,474,500

 

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

 

 

 

   Sec. 105. DEPARTMENT OF CIVIL RIGHTS

 

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

 

   Full-time equated classified positions.......... 136.0

 

Operations, grants, and services....................... $       1,154,400

 

GROSS APPROPRIATION.................................... $      1,154,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................            18,400

 

   Federal revenues:

 

Total federal revenues.................................           127,800

 

   Special revenue funds:

 

Total other state restricted revenues..................             4,600


 

State general fund/general purpose..................... $      1,003,600

 

 

 

   Sec. 106. COMMUNITY COLLEGES

 

Operations, grants, and services....................... $     26,352,700

 

Funding delay repayment................................        25,759,800

 

GROSS APPROPRIATION.................................... $     52,112,500

 

    Appropriated from:

 

State general fund/general purpose..................... $     52,112,500

 

 

 

   Sec. 107. DEPARTMENT OF COMMUNITY HEALTH

 

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

 

   Full-time equated classified positions........ 4,666.1

 

Operations, grants, and services....................... $     950,371,000

 

GROSS APPROPRIATION.................................... $    950,371,000

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         2,997,300

 

   Federal revenues:

 

Total federal revenues.................................       511,378,700

 

   Special revenue funds:

 

Total local revenues...................................        20,062,100

 

Total private revenues.................................         5,398,100

 

Total other state restricted revenues..................       148,424,000

 

State general fund/general purpose..................... $    262,110,800

 

 

 

   Sec. 108. DEPARTMENT OF CORRECTIONS


 

   Full-time equated unclassified positions......... 16.0

 

Full-time equated classified positions....... 17,782.0

 

Operations, grants, and services....................... $     162,801,900

 

GROSS APPROPRIATION.................................... $    162,801,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           103,200

 

   Federal revenues:

 

Total federal revenues.................................           952,600

 

   Special revenue funds:

 

Total local revenues...................................            35,100

 

Total other state restricted revenues..................         5,648,700

 

State general fund/general purpose..................... $    156,062,300

 

 

 

   Sec. 109. DEPARTMENT OF EDUCATION

 

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

 

   Full-time equated classified positions.......... 454.5

 

Operations, grants, and services....................... $       7,804,700

 

GROSS APPROPRIATION.................................... $      7,804,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................         5,852,900

 

   Special revenue funds:

 

Total local revenues...................................           497,900

 

Total private revenues.................................           242,900

 

Total other state restricted revenues..................           640,300


 

State general fund/general purpose..................... $        570,700

 

 

 

   Sec. 110. DEPARTMENT OF ENVIRONMENTAL QUALITY

 

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

 

   Full-time equated classified positions........ 1,561.7

 

Operations, grants, and services....................... $      35,222,400

 

GROSS APPROPRIATION.................................... $     35,222,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,513,000

 

   Federal revenues:

 

Total federal revenues.................................        11,473,600

 

   Special revenue funds:

 

Total private revenues.................................            37,500

 

Total other state restricted revenues..................        19,632,700

 

State general fund/general purpose..................... $      2,565,600

 

 

 

   Sec. 111. EXECUTIVE OFFICE

 

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

 

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

 

Operations, grants, and services....................... $         439,400

 

GROSS APPROPRIATION.................................... $        439,400

 

    Appropriated from:

 

State general fund/general purpose..................... $        439,400

 

 

 

   Sec. 112. HIGHER EDUCATION


 

   Full-time equated classified positions............ 1.0

 

Operations, grants, and services....................... $    159,955,300

 

Funding delay repayment................................       138,736,000

 

GROSS APPROPRIATION.................................... $    298,691,300

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................           272,700

 

   Special revenue funds:

 

Total other state restricted revenues..................        14,518,100

 

State general fund/general purpose..................... $    283,900,500

 

 

 

   Sec. 113. DEPARTMENT OF HISTORY, ARTS, AND

 

LIBRARIES

 

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

 

   Full-time equated classified positions.......... 232.0

 

Operations, grants, and services....................... $       4,192,400

 

GROSS APPROPRIATION.................................... $      4,192,400

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................             6,600

 

   Federal revenues:

 

Total federal revenues.................................           698,700

 

   Special revenue funds:

 

Total private revenues.................................            48,100

 

Total other state restricted revenues..................           215,000

 

State general fund/general purpose..................... $      3,224,000


 

 

 

   Sec. 114. DEPARTMENT OF HUMAN SERVICES

 

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

 

   Full-time equated classified positions....... 10,383.4

 

Operations, grants, and services....................... $     375,023,900

 

GROSS APPROPRIATION.................................... $    375,023,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           366,900

 

   Federal revenues:

 

Total federal revenues.................................       258,065,400

 

   Special revenue funds:

 

Total local revenues...................................         5,177,500

 

Total private revenues.................................           842,900

 

Total other state restricted revenues..................         4,934,800

 

State general fund/general purpose..................... $    105,636,400

 

 

 

   Sec. 115. DEPARTMENT OF INFORMATION TECHNOLOGY

 

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

 

   Full-time equated classified positions........ 1,776.4

 

Operations, grants, and services....................... $      31,237,200

 

GROSS APPROPRIATION.................................... $     31,237,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        31,237,200


 

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

 

 

 

   Sec. 116. JUDICIARY

 

   Full-time equated exempted positions............ 509.0

 

Operations, grants, and services....................... $      21,527,300

 

GROSS APPROPRIATION.................................... $     21,527,300

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           213,600

 

   Federal revenues:

 

Total federal revenues.................................           510,500

 

   Special revenue funds:

 

Total local revenues...................................           368,800

 

Total private revenues.................................            70,200

 

Total other state restricted revenues..................         7,322,300

 

State general fund/general purpose..................... $     13,041,900

 

 

 

   Sec. 117. DEPARTMENT OF LABOR AND ECONOMIC GROWTH

 

   Full-time equated unclassified positions ........ 58.5

 

   Full-time equated classified positions........ 4,236.5

 

Operations, grants, and services....................... $     105,153,100

 

GROSS APPROPRIATION.................................... $    105,153,100

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,920,000


 

   Federal revenues:

 

Total federal revenues.................................        67,498,400

 

   Special revenue funds:

 

Total local revenues...................................         1,316,200

 

Total private revenues.................................           192,800

 

Total other state restricted revenues..................        30,452,200

 

State general fund/general purpose..................... $      3,773,500

 

 

 

   Sec. 118. LEGISLATURE

 

Senate................................................. $      2,603,800

 

Senate fiscal agency...................................           251,100

 

House of representatives...............................         3,905,700

 

House fiscal agency....................................           249,700

 

Legislative council....................................           812,900

 

Legislative service bureau automated data processing...           114,600

 

General nonretirement expenses.........................           377,800

 

Capitol building.......................................           197,000

 

Cora Anderson building.................................           680,300

 

Farnum building and other properties...................            80,700

 

GROSS APPROPRIATION.................................... $      9,273,600

 

    Appropriated from:

 

   Special revenue funds:

 

Total private revenues.................................            33,300

 

Total other state restricted revenues..................            92,500

 

State general fund/general purpose..................... $      9,147,800

 

 

 

   Sec. 119. LEGISLATIVE AUDITOR GENERAL


 

Operations, grants, and services....................... $       1,258,900

 

GROSS APPROPRIATION.................................... $      1,258,900

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           150,100

 

   Special revenue funds:

 

Total other state restricted revenues..................           128,300

 

State general fund/general purpose..................... $        980,500

 

 

 

   Sec. 120. DEPARTMENT OF MANAGEMENT AND BUDGET

 

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

 

   Full-time equated classified positions.......... 992.5

 

Operations, grants, and services....................... $     22,521,700

 

State building authority rent..........................        37,596,900

 

GROSS APPROPRIATION.................................... $     60,118,600

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        13,336,600

 

   Federal revenues:

 

Total federal revenues.................................           372,000

 

   Special revenue funds:

 

Total local revenues...................................           141,700

 

Total private revenues.................................            12,500

 

Total other state restricted revenues..................         5,294,800

 

State general fund/general purpose..................... $     40,961,000


 

 

 

   Sec. 121. MICHIGAN STRATEGIC FUND

 

   Full-time equated classified positions.......... 152.0

 

Operations, grants, and services....................... $       7,152,200

 

GROSS APPROPRIATION.................................... $      7,152,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................             6,600

 

   Federal revenues:

 

Total federal revenues.................................         4,632,100

 

   Special revenue funds:

 

Total local revenues...................................            58,300

 

Total other state restricted revenues..................               400

 

State general fund/general purpose..................... $      2,454,800

 

 

 

   Sec. 122. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

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

 

   Full-time equated classified positions........ 1,015.0

 

Operations, grants, and services....................... $      10,313,500

 

GROSS APPROPRIATION.................................... $     10,313,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           138,700

 

   Federal revenues:

 

Total federal revenues.................................         4,442,300


 

   Special revenue funds:

 

Total local revenues...................................           104,400

 

Total private revenues.................................           120,100

 

Total other state restricted revenues..................         2,233,000

 

State general fund/general purpose..................... $      3,275,000

 

 

 

   Sec. 123. DEPARTMENT OF NATURAL RESOURCES

 

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

 

   Full-time equated classified positions........ 2,086.4

 

Operations, grants, and services....................... $      23,602,500

 

GROSS APPROPRIATION.................................... $     23,602,500

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................           301,600

 

   Federal revenues:

 

Total federal revenues.................................         3,547,900

 

   Special revenue funds:

 

Total private revenues.................................           260,400

 

Total other state restricted revenues..................        17,468,500

 

State general fund/general purpose..................... $      2,024,100

 

 

 

   Sec. 124. DEPARTMENT OF STATE

 

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

 

   Full-time equated classified positions........ 1,853.8

 

Operations, grants, and services....................... $      16,565,300

 

GROSS APPROPRIATION.................................... $     16,565,300


 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,666,700

 

   Federal revenues:

 

Total federal revenues.................................           266,000

 

   Special revenue funds:

 

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

 

Total other state restricted revenues..................        13,152,700

 

State general fund/general purpose..................... $      1,479,800

 

 

 

   Sec. 125. DEPARTMENT OF STATE POLICE

 

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

 

   Full-time equated classified positions........ 2,892.0

 

Operations, grants, and services....................... $      47,206,800

 

GROSS APPROPRIATION.................................... $     47,206,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         2,154,600

 

   Federal revenues:

 

Total federal revenues.................................        14,111,800

 

   Special revenue funds:

 

Total local revenues...................................           705,100

 

Total private revenues.................................            40,000

 

Total other state restricted revenues..................         9,929,800

 

State general fund/general purpose..................... $     20,265,500


 

 

 

   Sec. 126. STATE TRANSPORTATION DEPARTMENT

 

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

 

   Full-time equated classified positions........ 3,030.3

 

Operations, grants, and services....................... $    266,714,300

 

Debt service...........................................        17,060,400

 

GROSS APPROPRIATION.................................... $    283,774,700

 

    Appropriated from:

 

   Federal revenues:

 

Total federal revenues.................................        92,913,600

 

   Special revenue funds:

 

Total local revenues...................................         3,958,300

 

Total other state restricted revenues..................       186,902,800

 

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

 

 

 

   Sec. 127. DEPARTMENT OF TREASURY

 

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

 

   Full-time equated classified positions........ 1,697.5

 

Operations, grants, and services....................... $     32,595,200

 

Debt service...........................................         2,100,000

 

Constitutional state general revenue sharing grants....       112,326,000

 

Statutory state general revenue sharing grants.........        66,453,000

 

GROSS APPROPRIATION.................................... $    213,474,200

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................         1,115,600


 

   Federal revenues:

 

Total federal revenues.................................         2,960,200

 

   Special revenue funds:

 

Total local revenues...................................            87,100

 

Total other state restricted revenues..................       201,882,500

 

State general fund/general purpose..................... $      7,428,800

 

 

 

 

 

PART 2

 

     Sec. 201. (1) Upon enactment of the respective full fiscal

 

year appropriation acts for the fiscal year ending September 30,

 

2008, authority for interim appropriations authorized by this act

 

for a department or other purpose shall terminate.

 

     (2) All obligations incurred and expenditures made under this

 

act shall become the obligations and expenditures authorized under

 

the appropriate line items in the respective full fiscal year

 

appropriation act.

 

     Sec. 203. (1) There is created a special committee of the

 

house of representatives to consist of 5 members and a special

 

committee of the senate to consist of 5 members to be appointed in

 

the same manner as standing committees of the house of

 

representatives and senate are appointed. The 2 committees shall

 

function during the 2007 regular session of the legislature and

 

until October 31, 2007. After consulting with and receiving advice

 

from the special committees of the house of representatives and

 

senate, the state budget director shall recommend for approval to

 

the state administrative board allotments as the state budget


 

director considers necessary to fulfill the intent of this act and

 

balance spending with estimates of current available revenues. The

 

state budget director shall transmit a written report to each

 

member of the senate and house of representatives appropriations

 

committees listing any allotments made under this section which

 

deviate from the amounts authorized in this act to the various

 

departments, agencies, boards, commissions, offices, and for other

 

purposes for the fiscal year ending September 30, 2007.

 

     (2) The state budget director shall report to and provide data

 

relating to the current status of authorized allotments to the

 

appropriate committee, when requested by the chairperson of the

 

house of representatives or senate appropriations committee.

 

 

 

DEPARTMENT OF CIVIL RIGHTS

 

     Sec. 350. (1) In addition to the appropriations contained in

 

part 1, the department of civil rights may receive and expend funds

 

from local or private sources for all of the following purposes:

 

     (a) Developing and presenting training for employers on equal

 

employment opportunity law and procedures.

 

     (b) The publication and sale of civil rights related

 

informational material.

 

     (c) The provision of copy material made available under

 

freedom of information requests.

 

     (d) Other copy fees, subpoena fees, and witness fees.

 

     (e) Developing, presenting, and participating in mediation

 

processes for certain civil rights cases.

 

     (f) Workshops, seminars, and recognition or award programs


 

consistent with the programmatic mission of the individual unit

 

sponsoring or coordinating the programs.

 

     (2) The department of civil rights shall annually report to

 

the state budget director, the senate and house of representatives

 

standing committees on appropriations, and the senate and house

 

fiscal agencies the amount of funds received and expended for

 

purposes authorized under this section.

 

 

 

DEPARTMENT OF COMMUNITY HEALTH

 

     Sec. 375. 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, 2007.

 

     Sec. 376. 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. 377. 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, 2007, 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 5% of the

 

local health department's local public health operations funding.

 

This penalty shall only be assessed to the local county that

 

requests the dissolution of the health department.

 

     Sec. 378. (1) Funds appropriated in part 1 for local public

 

health operations 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 Michigan

 

department of agriculture. Public water supply, private groundwater

 

supply, and on-site sewage management shall be provided in

 

consultation with the Michigan department of environmental quality.

 

     (2) Local public health departments will 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 fiscal year 2007-2008 of

 

at least the amount expended in fiscal year 1992-1993 for the

 

services described in subsection (1).

 

     (4) By April 1, 2008, the department shall make available upon

 

request a report to the senate or house of representatives

 

appropriations subcommittee on community health, the senate or

 

house fiscal agency, or the state budget director on the planned

 

allocation of the funds appropriated for local public health

 

operations.


 

     Sec. 379. The area agencies and local providers may receive

 

and expend fees for the provision of day care, care management,

 

respite care, and certain eligible home- and community-based

 

services. The fees shall be based on a sliding scale, taking client

 

income into consideration. The fees shall be used to expand

 

services.

 

     Sec. 380. (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 copayment, 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. 381. (1) For fee-for-service recipients who do not reside

 

in nursing homes, the pharmaceutical dispensing fee shall be $2.50


 

or the pharmacy's usual or customary cash charge, whichever is

 

less. For nursing home residents, the pharmaceutical dispensing fee

 

shall be $2.75 or the pharmacy's usual or customary cash charge,

 

whichever is less.

 

     (2) The department shall require a prescription copayment for

 

Medicaid recipients of $1.00 for a generic drug and $3.00 for a

 

brand-name drug, except as prohibited by federal or state law or

 

regulation.

 

     Sec. 382. (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, children's special

 

health care services, and adult benefit waiver program.

 

     (2) For products distributed by pharmaceutical manufacturers

 

not providing quarterly rebates as listed in subsection (1), the

 

department may require preauthorization.

 

     Sec. 383. (1) The department shall require copayments on

 

dental, podiatric, chiropractic, vision, and hearing aid services

 

provided to Medicaid recipients, except as prohibited by federal or

 

state law or regulation.

 

     (2) Except as otherwise prohibited by federal or state law or

 

regulations, the department shall require Medicaid recipients to

 

pay the following copayments:

 

     (a) Two dollars for a physician office visit.

 

     (b) Six dollars for a hospital emergency room visit.

 

     (c) Fifty dollars for the first day of an inpatient hospital


 

stay.

 

     (d) One dollar for an outpatient hospital visit.

 

     Sec. 384. 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. 385. All nursing home rates, class I and class III, must

 

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. 386. (1) As may be allowed by federal law or regulation,

 

the department may use funds provided by a local or intermediate

 

school district, which have been obtained from a qualifying health

 

system, as the state match required for receiving federal Medicaid

 

or children health insurance program funds. Any such funds received

 

shall be used only to support new school-based or school-linked

 

health services.

 

     (2) A qualifying health system is defined as any health care

 

entity licensed to provide health care services in the state of

 

Michigan, that has entered into a contractual relationship with a

 

local or intermediate school district to provide or manage school-


 

based or school-linked health services.

 

     Sec. 387. The funds appropriated in part 1 for forensic mental

 

health services provided to the department of corrections are in

 

accordance with the interdepartmental plan developed in cooperation

 

with the department of corrections. The department is authorized to

 

receive and expend funds from the department of corrections in

 

addition to the appropriations in part 1 to fulfill the obligations

 

outlined in the interdepartmental agreements.

 

 

 

DEPARTMENT OF CORRECTIONS

 

     Sec. 400. 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, union steward activities, public work programs, and

 

services provided to units of government. The revenues and fees

 

collected are appropriated for all expenses associated with these

 

services and activities.

 

     Sec. 406. (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 felons who

 

otherwise would have been sentenced to prison.

 

     (2) 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.

 

     (3) State reimbursement under this section for prisoner

 

housing and custody expenses per diverted offender shall be $43.50

 

per diem for up to a 1-year total.

 

 

 

DEPARTMENT OF EDUCATION

 

     Sec. 425. (1) Upon receipt of the federal drug-free grant, the

 

department shall allocate $225,000.00 of the grant to the safe

 

school program within the department. The safe school program shall

 

work with local school boards, parents of enrolled students, law

 

enforcement agencies, community leaders, and the office of drug

 

control policy for the prevention of school violence. The safe

 

school program shall develop and implement, and serve as

 

coordinator of, a statewide clearinghouse for information, program

 

development, model programs and policies, and technical assistance

 

on school violence prevention.

 

     (2) To accomplish its functions under this section, the safe

 

school program shall do all of the following:

 

     (a) Coordinate with the office of drug control policy in the

 

department of community health to ensure that there is a meaningful


 

linkage between the efforts under this act to provide safe schools

 

and the initiatives undertaken through that office, including, but

 

not limited to, school districts' safe and drug-free school plans,

 

and to facilitate timely applications for and distribution of

 

available grant money.

 

     (b) Provide through the Internet the availability to access,

 

and provide through the Internet information regarding, the state

 

model policy on locker searches, the state model policy on firearm

 

safety and awareness, and any other state or local safety policies

 

that the office considers exemplary.

 

     (c) Advance, promote, and encourage the awareness and use of

 

the state police anti-violence hotline.

 

     Sec. 427. 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. 429. (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) In addition to those funds appropriated in part 1, the

 

department may receive and expend additional 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 management and budget. These funds are appropriated

 

to the department for the operation, maintenance, and renovation


 

expenses associated with the leased space.

 

 

 

DEPARTMENT OF ENVIRONMENTAL QUALITY

 

     Sec. 450. (1) The department of environmental quality 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 and the leaking underground storage tank cleanup program.

 

     (2) Unexpended and unencumbered amounts remaining from

 

appropriations from the environmental protection bond fund

 

contained in 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 and

 

unclaimed bottle deposits fund contained in 2003 PA 171, 2003 PA

 

173, 2003 PA 237, and 2004 PA 350 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 52, 2001 PA 120, 2003 PA 173, 2003

 

PA 237, 2004 PA 309, 2004 PA 350, 2005 PA 11, 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.

 

     (5) Unexpended and unencumbered amounts remaining from

 

appropriations from the environmental protection fund contained in


 

2001 PA 43, 2002 PA 520, 2003 PA 171, and 2004 PA 350 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 2005 PA 154 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.

 

 

 

DEPARTMENT OF HISTORY, ARTS, AND LIBRARIES

 

     Sec. 500. (1) The department may provide and enter into

 

agreements to provide general services, training, meetings,

 

information, special equipment, software, and 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. Fees for services shall be reasonably

 

related to the cost of providing the services and shall be used to

 

offset the costs of the services. The department may receive and

 

expend funds in addition to those authorized in part 1 for the

 

following:

 

     (a) Supplying census-related information and technical

 

services, publications, statistical studies, population projections

 

and estimates, and other demographic products.

 

     (b) Microfilming and other document and data imaging services,

 

media, storage, and copies.

 

     (c) Patron copier and document reproduction services and


 

copies.

 

     (d) Conferences, training classes, exhibits, programs, and

 

workshops conducted as part of the department's mission.

 

     (e) Use of specialized equipment, facilities, and software

 

that permit distance learning and meetings, and group decision

 

making.

 

     (f) Special services including the rental of department

 

exhibits and collections.

 

     (g) Application fees.

 

     (h) Grants, gifts, and bequests, including those for capital

 

projects.

 

     (2) The funds received under this section shall be deposited

 

in and expended from the history, arts, and libraries fund

 

established in section 216 of this article.

 

     Sec. 516. (1) A fund known as the history, arts, and libraries

 

fund is created in the department. The fund shall be used to

 

receive and expend funds in addition to those authorized in part 1.

 

The fund balance may be carried forward for expenditure in

 

subsequent fiscal years.

 

     (2) The department shall provide a report to the senate and

 

house of representatives appropriations subcommittees on history,

 

arts, and libraries of all revenues to and expenditures from the

 

history, arts, and libraries fund. The report shall include an

 

estimated fund balance for the fiscal year ending September 30,

 

2007. The report is due November 1, 2007.

 

     Sec. 520. Funds collected by the department under sections 3,

 

6, 7, and 7a of 1913 PA 271, MCL 399.3, 399.6, 399.7, and 399.7a,


 

are appropriated to the department for the purposes for which they

 

were received, are allocated for expenditure upon receipt and may

 

be carried forward for expenditure in subsequent fiscal years.

 

 

 

DEPARTMENT OF HUMAN SERVICES

 

     Sec. 550. From the funds appropriated in part 1 for foster

 

care, the department shall provide 50% reimbursement to Indian

 

tribal governments for foster care expenditures for children who

 

are under the jurisdiction of Indian tribal courts and who are not

 

otherwise eligible for federal foster care cost sharing.

 

     Sec. 552. Agencies receiving teenage parent counseling funds

 

shall provide at least 10% in matching funds, through any

 

combination of local, state, or federal funds or in-kind or other

 

donations.

 

     Sec. 554. From the funds appropriated in part 1, the

 

department shall make claims for and pay to local units of

 

government a portion of federal title IV-E revenues earned as a

 

result of eligible costs incurred by local units of government.

 

     Sec. 556. Counties shall be subject to 50% charge-back 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. 558. (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 the code of federal

 

regulations, CFR 45.305.2.

 

     (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. 560. The department shall assess fees in the licensing

 

and regulation of child care organizations as defined in 1973 PA

 

116, MCL 722.111 to 722.128, and adult foster care facilities as

 

defined in the adult foster care facility licensing act, 1979 PA

 

218, MCL 400.701 to 400.737. Fees collected by the department shall

 

be used exclusively for the purpose of licensing and regulating

 

child care organizations and adult foster care facilities.

 

 


 

DEPARTMENT OF INFORMATION TECHNOLOGY

 

     Sec. 575. (1) Funds appropriated in part 1 for the Michigan

 

public safety communications system shall be expended upon approval

 

of an expenditure plan by the state budget director.

 

     (2) The department of information technology shall assess all

 

subscribers of the Michigan public safety communications system

 

reasonable access and maintenance fees.

 

     (3) All money received by the department of information

 

technology under this section shall be expended for the support and

 

maintenance of the Michigan public safety communications system.

 

     (4) The department of information technology shall provide a

 

report to the senate and house of representatives standing

 

committees on appropriations, the senate and house fiscal agencies,

 

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

 

indicating the amount of revenue collected under this section and

 

expended for support and maintenance of the Michigan public safety

 

communications system for the immediately preceding 6-month period.

 

Any deposits made under this section and unencumbered funds are

 

restricted revenues and may be carried forward into succeeding

 

fiscal years.

 

 

 

JUDICIAL BRANCH

 

     Sec. 580. (1) The direct trial court automation support

 

program of the state court administrative office shall recover

 

direct and overhead costs from trial courts by charging for

 

services rendered. The fee shall cover the actual costs incurred to

 

the direct trial court automation support program in providing the


 

service, including development of future versions of case

 

management systems. A report of amounts collected in excess of

 

funds identified as user service charges in part 1 shall be

 

submitted to the state budget director and to the house and senate

 

appropriations subcommittees on judiciary 30 days before

 

expenditure by the direct trial court automation support program.

 

     (2) From funds appropriated in part 1, the direct trial court

 

automation support program of the state court administrative office

 

shall provide to the state budget director, the senate and house

 

appropriations committees, and the senate and house fiscal agencies

 

before January 1 of each year, a detailed list of user service

 

charges collected during the immediately preceding state fiscal

 

year.

 

 

 

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

 

     Sec. 600. The funds collected by the office of financial and

 

insurance services in connection with a conservatorship pursuant to

 

section 32 of the mortgage brokers, lenders, and servicers

 

licensing act, 1987 PA 173, MCL 445.1682, shall be appropriated for

 

all expenses necessary to provide for the required services. Funds

 

are available for expenditure when they are received by the

 

department of treasury and shall not lapse to the general fund at

 

the end of the fiscal year.

 

     Sec. 602. The funds collected by the department from

 

corporations being liquidated pursuant to the insurance code of

 

1956, 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated

 

for all expenses necessary to provide for the required services.


 

Funds are available for expenditure when they are received by the

 

department of treasury and shall not lapse to the general fund at

 

the end of the fiscal year.

 

     Sec. 604. The department may make available to interested

 

entities otherwise unavailable customized listings of

 

nonconfidential information in its possession, such as names and

 

addresses of licensees, and charge for this information as follows:

 

base fee for 1 to 1,000 records at the cost to the department;

 

1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more

 

records at .5 cents per record. The revenue received from this

 

service may be used to offset expenses of programs as appropriated

 

in part 1. The balance of this revenue collected and unexpended at

 

the end of the fiscal year shall revert to the appropriate

 

restricted revenue account or fund or, in absence of such an

 

account or fund, to the general fund. The department shall submit

 

an annual report on or before December 1 of each year to the state

 

budget office and the subcommittees that states the amount of

 

revenue received from the sale of information.

 

     Sec. 606. Money appropriated under this article 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. 608. The department shall sell documents at a price not

 

to exceed the cost of production and distribution. Money received

 

from the sale of these documents shall revert to the department.

 

The funds are available for expenditure when they are received by

 

the department of treasury and may only be used for costs directly

 

related to the continued updating and distribution of the documents

 

pursuant to this section. This section applies only for the

 

following documents:

 

     (a) Corporation and securities division documents, reports,

 

and papers required or permitted by law pursuant to section 1060(5)

 

of the business corporation act, 1972 PA 284, MCL 450.2060.

 

     (b) The subdivision control manual, the state boundary

 

commission operations manual, and other local government assistance

 

manuals.

 

     (c) The Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1101 to 436.2303.

 

     (d) The mobile home commission act, 1987 PA 96, MCL 125.2301

 

to 125.2349; the business corporation act, 1972 PA 284, MCL

 

450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,

 

MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA


 

265, MCL 451.501 to 451.818.

 

     (e) Labor law books.

 

     (f) Worker's compensation health care services rules.

 

     (g) Construction code manuals.

 

     (h) Copies of transcripts from administrative law hearings.

 

     Sec. 610. 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. 612. Funds collected by the department under sections 55,

 

57, 58, and 59 of the administrative procedures act of 1969, 1969

 

PA 306, MCL 24.255, 24.257, 24.258, and 24.259, and section 203 of

 

the legislative council act, 1986 PA 268, MCL 4.1203, are

 

appropriated for all expenses necessary to provide for the cost of

 

publication and distribution. The funds appropriated under this

 

section are allotted for expenditure when they are received by the

 

department of treasury and shall not lapse to the general fund at

 

the end of the fiscal year.

 

     Sec. 614. 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.

 

 

 

DEPARTMENT OF MANAGEMENT AND BUDGET

 

     Sec. 625. (1) The department of management and budget may

 

receive and expend funds in addition to those authorized by part 1

 

for maintenance and operation services provided specifically to

 

other principal executive departments or state agencies, the

 

legislative branch, the judicial branch, or private tenants, or

 

provided in connection with facilities transferred to the

 

operational jurisdiction of the department of management and

 

budget.

 

     (2) The department of management and budget may receive and

 

expend funds in addition to those authorized by part 1 for real

 

estate, architectural, design, and engineering services provided

 

specifically to other principal executive departments or state

 

agencies, the legislative branch, or the judicial branch.

 

     (3) The department of management and budget may receive and

 

expend funds in addition to those authorized in part 1 for mail

 

pickup and delivery services provided specifically to other

 

principal executive departments and state agencies, the legislative

 

branch, or the judicial branch.

 

     (4) The department of management and budget may receive and

 

expend funds in addition to those authorized in part 1 for

 

purchasing services provided specifically to other principal

 

executive departments and state agencies, the legislative branch,


 

or the judicial branch.

 

     Sec. 627. (1) The source of financing in part 1 for statewide

 

appropriations shall be funded by assessments against longevity and

 

insurance appropriations throughout state government in a manner

 

prescribed by the department of management and budget. Funds shall

 

be used as specified in joint labor/management agreements or

 

through the coordinated compensation hearings process. Any deposits

 

made under this subsection and any unencumbered funds are

 

restricted revenues, may be carried over into the succeeding fiscal

 

years, and are appropriated.

 

     (2) In addition to the funds appropriated in part 1 for

 

statewide appropriations, the department of management and budget

 

may receive and expend funds in such additional amounts as may be

 

specified in joint labor/management agreements or through the

 

coordinated compensation hearings process in the same manner and

 

subject to the same conditions as prescribed in subsection (1).

 

CIVIL SERVICE

 

     Sec. 635. (1) All restricted funds shall be assessed a sum not

 

less than 1% of the total aggregate payroll paid from those funds

 

for financing the department of civil service on the basis of

 

actual 1% restricted sources total aggregate payroll of the

 

classified service for fiscal year 2006 in accordance with section

 

5 of article XI of the state constitution of 1963. This includes,

 

but is not limited to, restricted funds appropriated in part 1 of

 

any appropriations act. Unexpended 1% appropriated funds shall be

 

returned to each 1% fund source at the end of the fiscal year.

 

     (2) The 1% appropriations in part 1 are estimates of actual 1%


 

charges based on payroll appropriations. With the approval of the

 

state budget director, the department is authorized to adjust

 

financing sources for civil service 1% charges based on actual

 

payroll expenditures, provided that such adjustments do not

 

increase the total appropriation for the department of civil

 

service.

 

     (3) The 1% financing from restricted sources shall be credited

 

to the department of civil service by the end of the second fiscal

 

quarter.

 

     Sec. 637. The appropriation in part 1 to the department of

 

civil service, 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 department of civil service. 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 department of civil service. 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

 

     Sec. 645. (1) Subject to section 242 of the management and

 

budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the

 

state building authority, the department may expend from the


 

general fund of the state during the fiscal year ending September

 

30, 2008 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, 2008.

 

Any general fund advances for which state building authority bonds

 

have not been issued shall bear an interest cost to the state

 

building authority at a rate not to exceed that earned by the state

 

treasurer's common cash fund during the period in which the

 

advances are outstanding and are repaid to the general fund of the

 

state.

 

     (2) Upon sale of bonds or notes for the projects identified in

 

part 1 or for equipment as authorized by legislative concurrent

 

resolution and in this section, the state building authority shall

 

credit the general fund of the state an amount equal to that

 

expended from the general fund plus interest, if any, as defined in

 

this section.

 

     (3) For state building authority projects for which bonds or

 

notes have been issued and upon the request of the state building

 

authority, the state treasurer shall make advances without interest

 

from the general fund as necessary to meet cash flow requirements

 

for the projects, which advances shall be reimbursed by the state


 

building authority when the investments earmarked for the financing

 

of the projects mature.

 

     (4) In the event that a project identified in part 1 is

 

terminated after final design is complete, advances made on behalf

 

of the state building authority for the costs of final design shall

 

be repaid to the general fund in a manner recommended by the

 

director and approved by the JCOS.

 

     Sec. 650. (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. 660. (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.

 

 

 

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

 

     Sec. 675. The department may charge reasonable rental and

 

equipment usage fees for renting an armory or using the distance-

 

learning network. The fee shall include the cost of overtime

 

compensation, insurance coverage, and any maintenance required.

 

 

 

DEPARTMENT OF NATURAL RESOURCES

 

     Sec. 700. 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 at a

 

rate which allows the department to recover its costs for providing

 

these services.

 

 

 

DEPARTMENT OF STATE

 

     Sec. 725. 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. 730. 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. 735. 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. 740. (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. 745. (1) Any service assessment collected by the

 

department of state from the user of a credit or debit card under

 

section 3 of 1995 PA 144, MCL 11.23, is appropriated to the

 

department for necessary expenses related to that service and may

 

be remitted to a credit or debit card company, bank, or other

 

financial institution. Funds are allocated for expenditure when

 

they are received by the department of treasury.

 

     (2) The service assessment imposed by the department of state

 

for credit and debit card services may be based either on a

 

percentage of each individual credit or debit card transaction, or

 

on a flat rate per transaction, or both scaled to the amount of the

 

transaction. However, the department shall not charge any amount

 

for a service assessment which exceeds the costs billable to the

 

department for service assessments.

 

     (3) If there is a balance of service assessments received from

 

credit and debit card services remaining on September 30, the

 

balance may be carried forward to the following fiscal year and

 

appropriated for the same purpose.

 

     (4) As used in this section, "service assessment" means and

 

includes costs associated with service fees imposed by credit and

 

debit card companies and processing fees imposed by banks and other


 

financial institutions.

 

 

 

DEPARTMENT OF STATE POLICE

 

     Sec. 750. (1) The state director of emergency management may

 

expend money appropriated under this article 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 article, 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.

 

     Sec. 751. The money appropriated in part 1 for computer

 

services shall be funded by LEIN user fees sufficient to pay 1/3 of

 

the service and contract maintenance costs of the LEIN system.

 

 

 

MICHIGAN STRATEGIC FUND

 

     Sec. 775. Travel Michigan may establish and collect a fee to

 

cover the cost of materials and processing of photographic prints,

 

slides, videotapes, and travel product database information that

 

are requested by the media and other segments of the public and

 

private sectors. The fees collected shall be appropriated for all

 

expenses necessary to purchase and distribute these photographic

 

prints, slides, videotapes, and travel product database

 

information. The funds are available for expenditure when they are

 

received by the department of treasury.

 

     Sec. 780. Travel Michigan may receive and expend private

 

revenue related to the use of the "Michigan Great Lakes. Great

 

Times." and "Pure Michigan." copyrighted slogans and images. This

 

revenue may come from the direct licensing of the name and image or

 

from the royalty payments from various merchandise sales. Revenue


 

collected is appropriated for the marketing of the state as a

 

travel destination. The funds are available for expenditure when

 

they are received by the department of treasury.

 

 

 

DEPARTMENT OF TRANSPORTATION

 

     Sec. 800. State aeronautics funds appropriated in part 1 for

 

airport safety and protection plan debt service are transferred to

 

the comprehensive transportation fund and are appropriated for the

 

purpose of reimbursing comprehensive transportation fund debt

 

service obligations for the airport safety and protection plan

 

program.

 

 

 

DEPARTMENT OF TREASURY

 

     Sec. 825. (1) Amounts needed to pay for interest, fees,

 

principal, 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.


 

     Sec. 826. (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 the

 

contract. The appropriation to fund collection costs and fees for

 

the collection of taxes or other accounts due this state are from

 

the fund or account to which the revenues being collected are

 

recorded or dedicated. However, if the taxes collected are

 

constitutionally dedicated for a specific purpose, the

 

appropriation of collection costs and fees are from the general

 

purpose account of the general fund.

 

     (2) From the funds appropriated in part 1, the department of

 

treasury may contract with private collections agencies and law

 

firms to collect defaulted student loans and other accounts due the

 

Michigan guaranty agency. In addition to the amounts appropriated

 

in part 1 to the department of treasury, there are appropriated

 

amounts necessary to fund collection costs and fees not to exceed

 

22% of the collection or a lesser amount as prescribed by the

 

contract. The appropriation to fund collection costs and fees for

 

the auditing and collection of defaulted student loans due the

 

Michigan guaranty agency is from the fund or account to which the

 

revenues being collected are recorded or dedicated.

 

     (3) The department of treasury shall submit a report for the

 

immediately preceding fiscal year ending September 30 to the state


 

budget director and the senate and house of representatives

 

standing committees on appropriations not later than November 30

 

stating the agencies or law firms employed, the amount of

 

collections for each, the costs of collection, and other pertinent

 

information relating to determining whether this authority should

 

be continued.

 

     Sec. 827. (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. 828. 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. 829. 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. 830. 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. 831. 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. 832. The department of treasury may expend revenues

 

received under the hospital finance authority act, 1969 PA 38, MCL

 

331.31 to 331.84, for necessary salaries, wages, supplies,

 

contractual services, equipment, worker's compensation insurance


 

premiums, and grants to the civil service commission and state

 

employees' retirement fund. The department of treasury shall

 

maintain accounting records in sufficient detail to enable the

 

hospital clients to be reimbursed periodically for fees that are

 

determined by the department of treasury to be surplus to needs.

 

     Sec. 833. The department of treasury may expend revenue

 

received under the shared credit rating act, 1985 PA 227, MCL

 

141.1051 to 141.1076, for necessary salaries, wages, supplies,

 

contractual services, equipment, worker's compensation insurance

 

premiums, and grants to the civil service commission and state

 

employees' retirement fund.

 

     Sec. 834. The department of treasury shall establish a

 

separate account for the funds related to the Michigan higher

 

education facilities authority. The department of treasury may

 

expend revenue received under the higher education facilities

 

authority act, 1969 PA 295, MCL 390.921 to 390.934, for necessary

 

salaries, wages, supplies, contractual services, equipment,

 

worker's compensation insurance premiums, and grants to the civil

 

service commission and state employees' retirement fund. The

 

department of treasury shall maintain accounting records in

 

sufficient detail to enable the educational institution clients to

 

be reimbursed periodically for fees that are determined by the

 

department to be surplus to needs.

 

     Sec. 835. The department of treasury may expend revenues

 

received under the Michigan public educational facilities

 

authority, Executive Order No. 2002-3, for necessary salaries,

 

wages, supplies, contractual services, equipment, worker's


 

compensation insurance premiums, and grants to the civil service

 

commission and state employees' retirement fund.

 

     Sec. 836. In addition to the funds appropriated in part 1 to

 

the bureau of state lottery, there is appropriated from lottery

 

revenues the amount necessary for, and directly related to,

 

implementing and operating lottery games. Appropriations under this

 

section shall only be expended for contractually mandated payments

 

for vendor commissions, contractually mandated payments for instant

 

tickets intended for resale, the contractual costs of providing and

 

maintaining the on-line system communications network, and

 

incentive and bonus payments to lottery retailers.

 

     Sec. 837. In addition to the funds appropriated in part 1,

 

funds distributed by the Michigan gaming control board to the

 

department of treasury for oversight of casino gaming are

 

appropriated upon receipt. These funds may be used to pay for costs

 

incurred for casino gaming oversight activities.

 

     Sec. 838. (1) Funds appropriated in part 1 for local

 

government programs may be used to provide assistance to a local

 

revenue sharing board referenced in an agreement authorized by the

 

Indian gaming regulatory act, Public Law 100-497.

 

     (2) A local revenue sharing board described in subsection (1)

 

shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275, and the freedom of information act, 1976 PA 442, MCL 15.231

 

to 15.246.

 

     (3) A county treasurer is authorized to receive and administer

 

funds received for and on behalf of a local revenue sharing board.

 

Funds appropriated in part 1 for local government programs may be


 

used to audit local revenue sharing board funds held by a county

 

treasurer. This section does not limit the ability of local units

 

of government to enter into agreements with federally recognized

 

Indian tribes to provide financial assistance to local units of

 

government or to jointly provide public services.

 

     (4) The director of the department of state police and the

 

executive director of the Michigan gaming control board are

 

authorized to assist the local revenue sharing boards in

 

determining allocations to be made to local public safety

 

organizations.

 

     (5) The department of treasury shall submit a report by

 

September 30 to the senate and house of representatives standing

 

committees on appropriations and the state budget director on the

 

receipts and distribution of revenues by local revenue sharing

 

boards.

 

 

 

REVENUE STATEMENT

 

     Sec. 850. 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 2007-2008

 

 

 

                                       Beginning

 

                                 Fund Unreserved


 

                                      Fund       Estimated   Ending

 

                                      Balance      Revenue  Balance

 

OPERATING FUNDS

 

General fund/general purpose     0110    2.1       9,657.1     46.2

 

General fund/special purpose            516.6      15,600.2  1,197.0

 

   Special Revenue Funds:

 

Countercyclical budget and

 

   economic stabilization        0111    2.1           0.0      2.2

 

Game and fish protection         0112   22.5          63.2      0.0

 

Michigan employment security act

 

   administration                0113    0.0          14.0      8.6

 

State aeronautics                0114    1.7         181.4      0.3

 

Michigan veterans' benefit

 

   trust                         0115    0.0           5.0      0.0

 

State trunkline                  0116    0.0       2,074.5      0.0

 

Michigan state waterways         0117    0.8          26.1      1.3

 

Blue Water Bridge                0118    0.0          15.7      0.0

 

Michigan transportation          0119    0.0       2,002.6      0.0

 

Comprehensive transportation     0120    0.0         320.9      0.0

 

School aid                       0122    0.0      13,431.9      0.0

 

Marine safety                    0123    0.1           5.3      0.0

 

Game and fish protection trust   0124    6.6          12.0      6.0

 

State park improvement           0125    1.3          40.8      0.0

 

Forest development               0126    0.0          27.3      0.0

 

Michigan civilian conservation

 

   corps endowment               0128    0.1           0.7      0.0

 

Michigan natural resources


 

   trust                         0129   33.6          53.2     37.4

 

Michigan state parks endowment   0130    8.8          16.6      6.7

 

Safety education and training    0131    2.1           7.0      1.1

 

Bottle deposit                   0136    0.0          15.1      0.0

 

State construction code          0138    2.9          12.7      0.0

 

Children's trust                 0139    1.8           3.8      2.2

 

State casino gaming              0140   12.5          32.8      0.0

 

Homeowner construction lien

 

   recovery                      0141    2.9           0.6      1.8

 

Michigan nongame fish and

 

   wildlife                      0143    0.2           0.6      0.0

 

Michigan merit award trust       0154    0.0         289.1      0.1

 

TOTALS                                 $618.7     $43,910.2 $1,311.0