FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 190, entitled
Recommends:
First: That the House recede from the Substitute of the House as passed by the House.
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
(attached)
Third: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the department of licensing and regulatory affairs and certain other state purposes for the fiscal year ending September 30, 2014; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other
income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
_______________________ ________________________
Mark C. Jansen Anthony G. Forlini
_______________________ ________________________
Roger Kahn Al Pscholka
_______________________ ________________________
Bert Johnson Pam Faris
Conferees for the Senate Conferees for the House
SUBSTITUTE FOR
SENATE BILL NO. 190
A bill to make appropriations for the department of licensing
and regulatory affairs and certain other state purposes for the
fiscal year ending September 30, 2014; to provide for the
expenditure of those appropriations; to provide for the imposition
of certain fees; to provide for the disposition of fees and other
income received by the state agencies; to provide for reports to
certain persons; and to prescribe powers and duties of certain
state departments and certain state and local agencies and
officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
Sec. 101. The amounts listed in this part are appropriated for
the department of licensing and regulatory affairs, subject to the
conditions set forth in this act, for the fiscal year ending
September 30, 2014, from the funds identified in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions........ 2,913.0
GROSS APPROPRIATION.................................... $ 502,918,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 14,228,200
ADJUSTED GROSS APPROPRIATION........................... $ 488,690,500
Federal revenues:
Total federal revenues................................. 195,559,900
Special revenue funds:
Total local revenues................................... 656,500
Total private revenues................................. 2,011,800
Total other state restricted revenues.................. 265,457,400
State general fund/general purpose..................... $ 25,004,900
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 22,864,600
One-time state general fund/general
purpose................................... 2,140,300
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 124.0
Unclassified salaries--57.5 FTE positions.............. $ 4,652,400
Executive director programs--33.0 FTE positions........ 4,704,300
Administrative services--87.0 FTE positions............ 8,725,000
Office of regulatory reinvention--4.0 FTE positions.... 477,000
Property management.................................... 10,007,300
Rent................................................... 7,673,600
Worker's compensation.................................. 612,300
Special project advances............................... 200,000
GROSS APPROPRIATION.................................... $ 37,051,900
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 891,600
DOL-ETA, unemployment insurance........................ 10,126,600
Federal revenues....................................... 834,000
Title XVIII Medicare................................... 452,000
Title XIX Medicaid..................................... 21,700
Title XIX Medicaid, facility certification fees........ 272,700
Special revenue funds:
Local revenues......................................... 127,500
Private - special project advances..................... 200,000
Aboveground storage tank fees.......................... 56,100
Accountancy enforcement fund........................... 25,000
Boiler fee revenue..................................... 254,700
Builder enforcement fund............................... 56,900
Construction code fund................................. 1,401,400
Contingent fund, regular penalty and interest.......... 39,900
Corporation fees....................................... 4,101,300
Elevator fees.......................................... 276,500
Fees and collections/asbestos.......................... 104,200
Fire service fees...................................... 621,900
Health professions regulatory fund..................... 1,491,700
Health systems fees.................................... 208,800
Licensing and regulation fees.......................... 1,113,400
Liquor purchase revolving fund......................... 4,437,300
Michigan medical marihuana fund........................ 214,600
Mobile home code fund.................................. 344,400
Motor carrier fees..................................... 221,100
Private occupational school license fees............... 39,000
Public utility assessments............................. 2,405,300
Radiological health fees............................... 95,600
Safety education and training fund..................... 839,100
Second injury fund..................................... 264,500
Securities fees........................................ 3,159,800
Self-insurers security fund............................ 97,300
Silicosis and dust disease fund........................ 118,900
Survey and remonumentation fund........................ 53,000
Tax tribunal fund...................................... 1,038,200
Video franchise assessments............................ 4,000
Worker's compensation administrative revolving fund.... 100,000
State general fund/general purpose..................... $ 941,900
Sec. 103. PUBLIC SERVICE COMMISSION
Full-time equated classified positions.......... 193.0
Public service commission--190.0 FTE positions......... $ 30,219,900
METRO authority--3.0 FTE positions..................... 377,200
GROSS APPROPRIATION.................................... $ 30,597,100
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 56,700
DOT, gas pipeline safety............................... 1,188,700
Special revenue funds:
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 2,520,300
Public utility assessments............................. 25,623,300
Restructuring mechanism assessments.................... 535,500
Video franchise assessments............................ 400,000
State general fund/general purpose..................... $ 0
Sec. 104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 152.0
Management support services--28.0 FTE positions........ $ 4,508,500
Liquor licensing and enforcement--124.0 FTE positions.. 14,909,900
GROSS APPROPRIATION.................................... $ 19,418,400
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 123,100
Liquor license revenue................................. 7,710,000
Liquor purchase revolving fund......................... 11,585,300
State general fund/general purpose..................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 872.0
Boiler inspection program--23.0 FTE positions.......... $ 3,241,300
Bureau of fire services--97.0 FTE positions............ 12,031,800
Bureau of construction codes--104.7 FTE positions...... 8,933,700
Corporations, securities, and commercial licensing
bureau--192.0 FTE positions.......................... 26,560,800
Elevator inspection program--30.0 FTE positions........ 3,645,700
Health professions regulation--151.0 FTE positions..... 27,472,300
Medical marihuana program--9.0 FTE positions........... 4,200,000
Health systems regulation--211.4 FTE positions......... 27,825,600
Radiological health administration--21.4 FTE positions. 3,417,000
Background check program--5.5 FTE positions............ 2,615,100
Manufactured housing and land resources program--18.0
FTE positions........................................ 2,947,200
Property development group--9.0 FTE positions.......... 1,823,700
GROSS APPROPRIATION.................................... $ 124,714,200
Appropriated from:
Interdepartmental grant revenues:
IDG-DCH, inspection contract........................... 100,000
Federal revenues:
Clinical lab improvement............................... 395,000
DOT.................................................... 60,000
Federal revenues....................................... 1,255,300
FEMA................................................... 28,000
Mammography quality standards.......................... 760,400
Title XVIII Medicare................................... 11,615,200
Title XIX Medicaid..................................... 718,000
Title XIX Medicaid, facility certification fees........ 7,466,600
Special revenue funds:
Private - civil monetary penalties..................... 200,000
Aboveground storage tank fees.......................... 441,100
Accountancy enforcement fund........................... 404,800
Boiler fee revenue..................................... 3,719,000
Builder enforcement fund............................... 461,000
Construction code fund................................. 7,272,400
Corporation fees....................................... 6,846,700
Elevator fees.......................................... 4,069,300
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,419,400
Fireworks safety fund.................................. 673,700
Health professions regulatory fund..................... 23,326,800
Health systems fees.................................... 3,300,200
Licensing and regulation fees.......................... 11,268,800
Liquor purchase revolving fund......................... 3,110,800
Michigan medical marihuana fund........................ 4,200,000
Mobile home code fund.................................. 2,947,200
Nurse professional fund................................ 1,923,600
Pain management fees................................... 1,808,500
Private occupational school license fees............... 809,400
Property development fees.............................. 318,100
Radiological health fees............................... 2,656,600
Real estate appraiser continuing education fund........ 57,200
Real estate education fund............................. 338,100
Real estate enforcement fund........................... 694,300
Securities fees........................................ 4,881,000
Securities investor education and training fund........ 1,000,000
Security business fund................................. 340,100
Survey and remonumentation fund........................ 830,100
Unarmed combat fund.................................... 134,900
Underground storage tank fees.......................... 2,484,700
State general fund/general purpose..................... $ 9,212,500
Sec. 106. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 249.0
Occupational safety and health--217.0 FTE positions.... $ 28,325,100
Wage and hour division--32.0 FTE positions............. 3,615,300
GROSS APPROPRIATION.................................... $ 31,940,400
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 11,722,600
Special revenue funds:
Corporation fees....................................... 4,359,200
Fees and collections/asbestos.......................... 1,010,400
Safety education and training fund..................... 9,284,000
Securities fees........................................ 3,432,200
State general fund/general purpose..................... $ 2,132,000
Sec. 107. EMPLOYMENT SERVICES
Full-time equated classified positions........ 1,086.0
Worker's compensation agency--64.0 FTE positions....... $ 7,680,700
Insurance funds administration--25.0 FTE positions..... 5,202,500
Compensation supplement fund........................... 820,000
Unemployment insurance agency--792.7 FTE positions..... 89,303,000
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,374,300
Training program for agency staff--2.1 FTE positions... 1,850,600
Expanded fraud control program--33.2 FTE positions..... 3,974,100
Bureau of services for blind persons--113.0 FTE
positions............................................ 23,725,200
Employment and labor relations--22.0 FTE positions..... 4,125,800
GROSS APPROPRIATION.................................... $ 141,556,200
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 828,900
DOL-ETA, unemployment insurance........................ 92,858,400
Federal revenues....................................... 17,133,400
Special revenue funds:
Local revenues......................................... 529,000
Private revenues....................................... 111,800
Contingent fund, regular penalty and interest.......... 5,314,700
Corporation fees....................................... 1,758,000
Michigan commission for the blind business enterprise
program fund......................................... 562,000
Second injury fund..................................... 2,800,700
Securities fees........................................ 5,012,800
Self-insurers security fund............................ 1,324,100
Silicosis and dust disease fund........................ 1,077,700
Special fraud control fund............................. 1,000,000
Worker's compensation administrative revolving fund.... 2,438,000
State general fund/general purpose..................... $ 8,806,700
Sec. 108. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 237.0
Michigan administrative hearing system--209.0 FTE
positions............................................ $ 36,803,900
Michigan compensation appellate commission--28.0 FTE
positions............................................ 4,386,000
GROSS APPROPRIATION.................................... $ 41,189,900
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings and rules................ 14,128,200
Federal revenues:
DOL-ETA, unemployment insurance........................ 4,064,600
Federal revenue - administrative hearings and rules.... 9,154,300
Special revenue funds:
State restricted revenue - administrative hearings and
rules................................................ 12,508,700
Worker's compensation administrative revolving fund.... 321,400
State general fund/general purpose..................... $ 1,012,700
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 41,392,800
Liquor control commission IT upgrades.................. 2,000,000
GROSS APPROPRIATION.................................... $ 43,392,800
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 273,700
DOL-ETA, unemployment insurance........................ 21,896,500
Federal revenues....................................... 555,000
Title XVIII Medicare................................... 610,000
Title XIX Medicaid, facility certification fees........ 320,000
Special revenue funds:
Aboveground storage tank fees.......................... 24,500
Boiler fee revenue..................................... 291,800
Construction code fund................................. 1,182,700
Corporation fees....................................... 4,868,000
Elevator fees.......................................... 304,600
Fees and collections/asbestos.......................... 45,300
Fire service fees...................................... 289,800
Health professions regulatory fund..................... 1,157,700
Health systems fees.................................... 217,900
Licensing and regulation fees.......................... 1,802,400
Liquor purchase revolving fund......................... 4,873,600
Mobile home code fund.................................. 256,500
Motor carrier fees..................................... 191,300
Pain management fees................................... 171,300
Public utility assessments............................. 1,550,800
Radiological health fees............................... 140,000
Safety education and training fund..................... 678,400
Second injury fund..................................... 158,900
Securities fees........................................ 973,900
Self-insurers security fund............................ 80,800
Silicosis and dust disease fund........................ 70,800
Tax tribunal fund...................................... 210,000
Underground storage tank fees.......................... 131,400
State general fund/general purpose..................... $ 65,200
Sec. 110. DEPARTMENT GRANTS
Fire protection grants................................. $ 9,273,900
Fireworks safety grants................................ 1,000,000
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Private grant programs................................. 1,500,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
GROSS APPROPRIATION.................................... $ 30,917,500
Appropriated from:
Federal revenues:
Special revenue funds:
Private revenues....................................... 1,500,000
Fire protection fund................................... 8,500,000
Fireworks safety fund.................................. 1,000,000
Liquor license revenue................................. 7,200,000
Liquor purchase revolving fund......................... 773,900
Michigan medical marihuana fund........................ 3,000,000
Survey and remonumentation fund........................ 7,300,000
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 693,600
Sec. 111. ONE-TIME BASIS ONLY
Nursing home survey IT system.......................... $ 2,140,300
GROSS APPROPRIATION.................................... $ 2,140,300
Appropriated from:
State general fund/general purpose..................... $ 2,140,300
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 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 2013-2014 is $290,462,300.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $29,417,500.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Fire protection grants................................. $ 9,273,900
Fireworks safety grants................................ 1,000,000
Liquor law enforcement................................. 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
Total department of licensing and regulatory
affairs.............................................. $ 29,417,500
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "Department" means the department of licensing and
regulatory affairs.
(b) "Director" means the director of the department.
(c) "DOL" means the United States department of labor.
(d) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(e) "MAHS" means Michigan administrative hearing system.
(f) "MARVIN" means Michigan's automated response voice
interactive network.
(g) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this act. This requirement may include
transmission of reports via electronic mail to the recipients
identified for each reporting requirement, or it may include
placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure businesses in deprived and depressed communities compete for
and perform contracts to provide services or supplies, or both. The
director shall strongly encourage firms with which the department
contracts to subcontract with certified businesses in depressed and
deprived communities for services, supplies, or both.
Sec. 211. The funds appropriated in part 1 for liquor control
commission information technology are designated as work project
appropriations and shall not lapse at the end of the fiscal year.
Any unencumbered and unexpended funds shall continue to be
available for expenditure until the project has been completed.
Additional appropriations in future budgets are anticipated to
complete the work project within an estimated 5 years.
Sec. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies or reports unless
otherwise required by federal and state guidelines.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the state budget office, the chairpersons
of the senate and house appropriations committees, and the senate
and house fiscal agencies.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committee, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. No later than April 1, the department shall submit
to the subcommittees and the fiscal agencies a report pertaining to
the following information:
(a) The amount, in square footage, of office space paid for
with the appropriation in part 1 for both state-owned and leased
office space, respectively, during the previous fiscal year.
(b) The amount, in square footage, of office space actually
utilized by the department for both state-owned and leased office
space, respectively, during the previous fiscal year.
(c) The amount of office space the department estimates will
be utilized during the current and subsequent fiscal years.
Sec. 220. 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. Within
14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $19,000,000.00 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 $25,000,000.00 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 $7,800,000.00 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 $400,000.00 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. 225. Within 10 days after the receipt of a grant
appropriated in the private grant funded projects line item in part
1, the department shall notify the house and senate chairpersons of
the subcommittees, the fiscal agencies, and the state budget
director of the receipt of the grant, including the funding source,
purpose, and amount of the grant.
Sec. 227. (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. 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) Worker's compensation health care services rules.
(f) Construction code manuals.
(g) 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.
Sec. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 229. The department shall maintain, on a publicly
accessible website, a department scorecard that identifies, tracks,
and regularly updates key metrics that are used to monitor and
improve the department's performance.
Sec. 231. The department shall cooperate with the department
of technology, management, and budget to maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following for each department or agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 232. The department shall not develop or produce any
television or radio productions.
Sec. 234. Within 14 days after the release of the executive
budget recommendation, the department shall cooperate with the
state budget office to provide the senate and house appropriations
chairs, the senate and house appropriations subcommittees chairs,
and the senate and house fiscal agencies with an annual report on
estimated state restricted fund balances, state restricted fund
projected revenues, and state restricted fund expenditures for the
fiscal years ending September 30, 2013 and September 30, 2014.
Sec. 238. No state department or agency shall issue a request
for proposal (RFP) for a contract in excess of $5,000,000.00,
unless the department or agency has first considered issuing a
request for information (RFI) or a request for qualification (RFQ)
relative to that contract to better enable the department or agency
to learn more about the market for the products or services that
are the subject of the future RFP. The department or agency shall
notify the department of technology, management, and budget of the
evaluation process used to determine if an RFI or RFQ was not
necessary prior to issuing the RFP.
Sec. 240. (1) It is the intent of the legislature that
departments and agencies receiving appropriations in part 1
properly account for their spending and do not use full-time
equated positions as placeholders for spending in other parts of
their budgets.
(2) No later than February 1, the department shall provide a
report to the legislature specifying the number of filled, full-
time equated positions in pay status within each agency receiving
appropriations in part 1 during the immediately preceding fiscal
year. When reporting on the number of filled, full-time equated
positions in pay status, the department shall provide the maximum
number of filled, full-time equated positions in pay status by
appropriation line item in the last pay period of each quarter of
the immediately preceding fiscal year. The report shall also
include a list of all funded, full-time equated positions by
position title.
Sec. 250. It is the intent of the legislature that the
department continue the prefunding of other postemployment benefits
for state employees hired before January 1, 2012, with the amounts
appropriated in part 1 pursuant to the amendments made by 2011 PA
264 to the state employees' retirement act, 1943 PA 240, MCL 38.1
to 38.69.
REGULATORY
Sec. 301. (1) The appropriation in part 1 for fire protection
grants shall be appropriated to cities, villages, and townships
with state-owned facilities for fire services, instead of taxes, in
accordance with 1977 PA 289, MCL 141.951 to 141.956.
(2) Cities, villages, and townships with state-owned
facilities shall report to the department no later than January 1
on a form developed by the department in order to be eligible to
receive funds appropriated in part 1 for fire protection grants.
The report shall indicate all of the following:
(a) The ability to respond to state facilities in their
service area.
(b) The cost for being prepared and able to respond to fire
service situations during the most recent fiscal year.
(c) The fire-related activities of police and fire departments
on state property.
(d) The costs of these activities.
(e) The expenditures from fire protection grants.
(3) The department shall prepare a summary of the local
submissions and provide it to the subcommittees, fiscal agencies,
and the state budget director by March 31.
Sec. 302. 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. 303. 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. 304. 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. 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. 305. (1) It is the intent of the legislature that the
department expend the amount appropriated in part 1 for fireworks
safety grants to local units of government to defray inspection
costs associated with the enforcement of the Michigan fireworks
safety act, 2011 PA 256, MCL 28.451 to 28.471.
(2) In order to be eligible to receive funds appropriated in
part 1 for a fireworks safety grant, a local unit of government
shall report to the department no later than January 1 on a form
developed by the department. The report shall indicate all of the
following:
(a) The annual costs of inspections associated with the
enforcement of the Michigan fireworks safety act, 2011 PA 256, MCL
28.451 to 28.471.
(b) The annual costs of enforcement activities associated with
the enforcement of the Michigan fireworks safety act, 2011 PA 256,
MCL 28.451 to 28.471.
(3) No later than February 1, the department shall submit a
report to the subcommittees and fiscal agencies providing all of
the following information:
(a) The total amount of grants made to local units of
government from funds appropriated in part 1 for fireworks safety
grants during the preceding fiscal year.
(b) Each local unit of government awarded a grant from the
funds appropriated in part 1 for fireworks safety grants and the
amount of each grant that was awarded during the preceding fiscal
year.
Sec. 325. No later than February 15, the department shall
submit a report to the subcommittees and fiscal agencies providing
the following information:
(a) The number of honorably discharged veterans, individually
or if a majority interest of a corporation or limited liability
company, that were exempted from paying licensure, registration,
filing, or any other fees collected under each licensure or
regulatory program administered by the bureau of construction codes
and the corporations, securities, and commercial licensing bureau
during the preceding fiscal year.
(b) The specific fees and total amount of revenue exempted
under each licensure or regulatory program administered by the
bureau of construction codes and the corporations, securities, and
commercial licensing bureau during the preceding fiscal year.
(c) The actual costs of providing licensing and other
regulatory services to veterans exempted from paying licensure,
registration, filing, or any other fees and a description of how
these costs were calculated.
(d) The estimated amount of revenue that will be exempted
under each licensure or regulatory program administered by the
bureau of construction codes and the corporations, securities, and
commercial licensing bureau in both the current and subsequent
fiscal years and a description of how the exempted revenue was
estimated.
Sec. 330. Funds earned or authorized by the DOL in excess of
the gross appropriation in part 1 for the unemployment insurance
agency from the DOL 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.
Sec. 332. Until the integrated system project is complete, the
unemployment insurance agency shall provide the subcommittees,
fiscal agencies, and state budget office with quarterly status
reports on the development of the agency's integrated system
project. The quarterly status reports shall include, but not be
limited to, a summary of the expenditures for the project, project
budget information, a summary of the tasks completed and milestones
reached to date, the percentage of the total project completed to
date, and a summary of the tasks anticipated to be completed in the
subsequent quarter.
Sec. 333. The department shall report quarterly to the members
of the house and senate committees on appropriations, the fiscal
agencies, and the state budget director on the percentage of
unemployment claimants that meet the certification requirements for
receiving benefits by using the Internet MARVIN system or any
application developed for that purpose. The department shall
implement improvements to the Internet MARVIN system that promote
greater ease of access and security with a goal of reaching 80% of
users certifying by using the Internet MARVIN system or another
system that reduces staff face time and MARVIN telephone system
usage.
Sec. 341. The department shall not promulgate or adopt a rule
more stringent than the applicable federal standard unless
specifically authorized by statute.
Sec. 368. (1) No later than March 1, the department shall
submit a report to the subcommittees and fiscal agencies pertaining
to licensing and regulatory programs during the previous fiscal
year for the following agencies:
(a) Public service commission.
(b) Liquor control commission.
(c) Bureau of construction codes.
(d) Corporations, securities, and commercial licensing bureau.
(e) Bureau of health care services.
(f) Michigan occupational safety and health administration.
(2) The report shall provide, but is not limited to, the
following information for each agency in subsection (1):
(a) Revenue generated by and expenditures disbursed for each
regulatory product.
(b) Number of applications, both initial and renewal, for each
regulatory product.
(c) Number of applications, both initial and renewal, approved
for each regulatory product.
(d) Number of applications, both initial and renewal, denied
for each regulatory product.
(e) Average amount of time, both tolled and un-tolled, to
approve or deny applications, both initial and renewal, for each
regulatory product.
(f) Number of examinations proctored for initial applications
for each regulatory product, if applicable.
(g) Number of complaints received pertaining to each regulated
activity.
(h) Number of investigations opened pertaining to each
regulated activity.
(i) Number of investigations closed pertaining to each
regulated activity.
(j) Average amount of time to close investigations pertaining
to each regulated activity.
(k) Number of enforcement actions pertaining to each regulated
activity.
(3) As used in subsection (2), "regulatory products" means
licensure, certification, registration, permitting, approval, or
any other regulatory service provided by the agencies specified in
subsection (1) for occupations, facilities, entities, industries,
or activities regulated by the agencies specified in subsection
(1).
Sec. 375. Revenues collected by the department pursuant to the
uniform securities act (2002), 2008 PA 551, MCL 451.2101 to
451.2703, the debt management act, 1975 PA 148, MCL 451.411 to
451.437, and the living care disclosure act, 1976 PA 440, MCL
554.801 to 554.844, that are unexpended at the end of the fiscal
year shall carry forward to the subsequent fiscal year and not
lapse to the general fund.
Sec. 380. Funds remaining in the homeowner construction lien
recovery fund are appropriated to the department for payment of
court-ordered homeowner construction lien recovery fund judgments
entered prior to August 23, 2010. Pursuant to available funds, the
payment of final judgments shall be made in the order in which the
final judgments were entered and began accruing interest.
Sec. 390. (1) The Michigan tax tribunal within the Michigan
administrative hearing system shall submit a report containing all
of the following for the previous fiscal year:
(a) The number of cases heard and the number of cases decided
by MAHS hearings officers, contractual hearings officers, and
tribunal members during the fiscal year.
(b) The number of case filings and dispositions and the number
of active and pending cases before the small claims division and
the entire tribunal.
(c) The average and maximum time elapsed, both tolled and
untolled, between case filings and final dispositions.
(d) The amount and percentage of tax tribunal fees generated
by motions to amend.
(2) The report required under subsection (1) shall be
submitted to the subcommittees, fiscal agencies, and state budget
office not later than November 1.
Sec. 610. (1) The appropriation in part 1 for the bureau of
services for blind persons includes funds for case services. These
funds may be used for tuition payments for blind clients.
(2) Revenue collected by the bureau of services for blind
persons and from private and local sources that is unexpended at
the end of the fiscal year may carry forward to the subsequent
fiscal year.
Sec. 611. The bureau of services for blind persons shall work
collaboratively with service organizations and government entities
to identify qualified match dollars to maximize use of available
federal vocational rehabilitation funds.
Sec. 613. (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. 615. 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. 714. (1) The department shall report by April 1 to the
subcommittees, fiscal agencies, and state budget director on the
timeliness of nursing facility complaint investigations and the
number of allegations that are substantiated on an annual basis.
The report shall consist of the number of allegations filed by
consumers and the number of facility-reported incidents. The
department shall make every effort to contact every complainant and
the subject of a complaint during an investigation.
(2) The department shall gather information on its most
frequently cited complaint deficiencies for the prior 3 fiscal
years and include that information in the report required under
subsection (1). The department shall determine whether there is an
increase in the number of citations from 1 year to the next and
assess the cause of the increase, if any, and whether education and
training of nursing facility staff or department staff are needed.
(3) The department shall make the report required under this
section available to the public at no cost on its website.
Sec. 726. (1) The department shall submit a report by January
1 to the standing committees on appropriations of the senate and
house of representatives, the fiscal agencies, and the state budget
director that includes all of the following information for the
prior fiscal year regarding the medical marihuana program under the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430:
(a) The number of initial applications received.
(b) The number of initial applications approved and the number
of initial applications denied.
(c) The average amount of time, from receipt to approval or
denial, to process an initial application.
(d) The number of renewal applications received.
(e) The number of renewal applications approved and the number
of renewal applications denied.
(f) The average amount of time, from receipt to approval or
denial, to process a renewal application.
(g) The percentage of initial applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(h) The percentage of renewal applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(i) The percentage of registry cards for approved initial
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(j) The percentage of registry cards for approved renewal
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(k) The amount collected from the medical marihuana program
application and renewal fees authorized in section 5 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26425.
(l) The costs of administering the medical marihuana program
under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421
to 333.26430.
(2) 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.
Sec. 727. If the revenue collected by the department for
health systems administration or radiological health administration
and projects from fees and collections exceeds the amount
appropriated 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. 728. (1) Not later than October 30, the department shall
prepare a report that provides the number of registry
identification cards issued to or renewed for patients residing in
each county during the previous fiscal year, under the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. The
department shall submit this report to the state budget director,
the subcommittees, and the fiscal agencies.
(2) The department shall expend the funds appropriated in part
1 for medical marihuana operation and oversight grants for grants
to county law enforcement departments for the operation and
oversight of the Michigan medical marihuana program pursuant to
section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426. These grants shall be distributed proportionately based
on the number of registry identification cards issued to or renewed
for the residents of each county whose county law enforcement
department applied for a grant under subsection (3).
(3) In order to be eligible to receive a grant under this
subsection, a county law enforcement department must apply no later
than October 1 and agree to report how the grant was expended and
provide that report to the department no later than September 15.
The department shall submit a report no later than September 30 to
the state budget director, the subcommittees, and the fiscal
agencies detailing the amounts by recipient and the reported uses
of the grants.
(4) County law enforcement departments may distribute
discretionary grants made under subsection (2) to municipal law
enforcement agencies for the operation and oversight of the
Michigan medical marihuana program pursuant to section 6(l) of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a
county law enforcement department distributes a discretionary grant
in this manner, that county law enforcement department shall
require the receiving agency to provide a report on how that grant
was spent. Reports from municipal law enforcement agencies shall be
included as part of the report submitted to the department as
required in subsection (3).
Sec. 731. (1) The bureau of health care services shall prepare
a report detailing the number of facilities, locations, and beds
for each type of health facility licensed, certified, inspected, or
otherwise regulated by the bureau. The report shall also include
the bureau's cost to license, certify, inspect, or otherwise
regulate each type of facility. The data required by this
subsection shall be collected and reported on acute care hospitals,
home health agencies, hospices, hospice residences, psychiatric
units in general hospitals, psychiatric hospitals, partial
hospitalization psychiatric programs, outpatient surgical
facilities, freestanding surgical outpatient facilities,
laboratories, end stage renal disease facilities, rural health
clinics, substance abuse programs, long-term care facilities
including nursing homes, hospital long-term care units, county
medical care facilities, and radiation machines.
(2) By February 1, the bureau of health care services shall
provide the governor and the legislature an updated schedule of
fees to be charged by the bureau for regulating health facilities.
The updated fee schedule proposed by the bureau shall be based on
the schedule submitted previously, but include updated figures from
the prior fiscal year. It shall also bear a direct relationship to
the cost of the service or act, including overhead expenses. The
report shall also recommend the necessary statutory and
administrative rule changes necessary to implement the recommended
fee schedule.
Sec. 732. From the appropriations made in part 1 for the
bureau of health systems, at least $530,000.00 must be expended for
activities related to the inspection and licensing of freestanding
surgical outpatient facilities.
ONE-TIME ONLY
Sec. 801. (1) The funds appropriated in part 1 for the nursing
home survey IT system are to be used to fund the additional costs
associated to comply with the requirements of sections 20155 and
20155a of the public health code, 1978 PA 368, MCL 333.20155 and
333.20155a.
(2) It is the intent of the legislature that the
appropriations in part 1 for the nursing home survey IT system is
1-time only and is a sufficient amount to fund the project to
completion and that no future appropriations for this project will
be required.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2015 for
the line items listed in part 1. The fiscal year 2014-2015
appropriations are anticipated to be the same as those for fiscal
year 2013-2014, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2014 consensus revenue estimating
conference.
Sec. 1202. It is the intent of the legislature that the
department identify the amounts for normal retirement costs and
legacy retirement costs for the fiscal year ending on September 30,
2015 for the line items listed in part 1.