FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 772, 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, 2015; 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. 772
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, 2015; 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 2014-2015
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 part 2, for the fiscal year ending
September 30, 2015, 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........ 2,820.3
GROSS APPROPRIATION.................................... $ 542,488,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 14,509,800
ADJUSTED GROSS APPROPRIATION........................... $ 527,978,400
Federal revenues:
Total federal revenues................................. 200,624,800
Special revenue funds:
Total local revenues................................... 656,500
Total private revenues................................. 311,800
Total other state restricted revenues.................. 286,351,500
State general fund/general purpose..................... $ 40,033,800
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 25,033,800
One-time state general fund/general
purpose................................... 15,000,000
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 120.0
Unclassified salaries--57.5 FTE positions.............. $ 4,768,700
Executive director programs--32.0 FTE positions........ 4,638,400
Administrative services--84.0 FTE positions............ 9,673,000
Office of regulatory reinvention--4.0 FTE positions.... 484,700
Property management.................................... 9,328,300
Rent................................................... 7,868,600
Worker's compensation.................................. 662,500
GROSS APPROPRIATION.................................... $ 37,424,200
Appropriated from:
Interdepartmental grant revenues:
IDG-DIFS, accounting services.......................... 150,000
Federal revenues:
DOL, multiple grants for safety and health............. 880,400
DOL-ETA, unemployment insurance........................ 9,968,100
Federal revenues....................................... 849,700
Title XVIII Medicare................................... 451,300
Title XIX Medicaid..................................... 21,700
Title XIX Medicaid, facility certification fees........ 272,000
Special revenue funds:
Local revenues......................................... 127,500
Aboveground storage tank fees.......................... 71,100
Accountancy enforcement fund........................... 25,000
Boiler inspection fund................................. 255,000
Builder enforcement fund............................... 56,900
Construction code fund................................. 1,007,700
Contingent fund, penalty and interest account.......... 39,900
Corporation fees....................................... 4,280,300
Elevator fees.......................................... 275,800
Fees and collections/asbestos.......................... 89,200
Fire service fees...................................... 513,700
Fireworks safety fund.................................. 9,700
Health professions regulatory fund..................... 1,524,500
Health systems fees.................................... 159,600
Licensing and regulation fund.......................... 1,094,900
Liquor license revenue................................. 260,000
Liquor purchase revolving fund......................... 4,069,100
Michigan medical marihuana fund........................ 270,100
Mobile home code fund.................................. 343,700
Motor carrier fees..................................... 220,400
Private occupational school license fees............... 39,000
Public utility assessments............................. 2,409,800
Radiological health fees............................... 107,700
Safety education and training fund..................... 843,700
Second injury fund..................................... 272,200
Securities fees........................................ 3,563,400
Self-insurers security fund............................ 101,800
Silicosis and dust disease fund........................ 118,900
Survey and remonumentation fund........................ 53,000
Tax tribunal fund...................................... 1,056,700
Underground storage tank fees.......................... 68,000
Video franchise assessments............................ 4,000
Worker's compensation administrative revolving fund.... 100,000
State general fund/general purpose..................... $ 1,398,700
Sec. 103. PUBLIC SERVICE COMMISSION
Full-time equated classified positions.......... 193.0
Public service commission--190.0 FTE positions......... $ 30,130,500
METRO authority--3.0 FTE positions..................... 383,600
GROSS APPROPRIATION.................................... $ 30,514,100
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 56,700
DOT, gas pipeline safety............................... 1,234,500
Special revenue funds:
Motor carrier fees..................................... 2,529,500
Public utility assessments............................. 25,730,400
Restructuring mechanism assessments.................... 553,800
Video franchise assessments............................ 409,200
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........ $ 4,378,800
Liquor licensing and enforcement--124.0 FTE positions.. 15,122,600
GROSS APPROPRIATION.................................... $ 19,501,400
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 124,800
Liquor license revenue................................. 7,820,000
Liquor purchase revolving fund......................... 11,556,600
State general fund/general purpose..................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 805.9
Boiler inspection program--23.0 FTE positions.......... $ 3,277,500
Bureau of fire services--85.0 FTE positions............ 12,184,800
Bureau of construction codes--104.0 FTE positions...... 9,341,300
Detroit demolition permit assistance................... 800,000
Corporations, securities, and commercial licensing
bureau--178.0 FTE positions.......................... 26,864,900
Elevator inspection program--32.0 FTE positions........ 4,358,400
Health professions regulation--141.0 FTE positions..... 27,902,800
Medical marihuana program--20.0 FTE positions.......... 4,230,900
Health systems regulation--200.4 FTE positions......... 28,945,400
Background check program--5.5 FTE positions............ 2,624,800
Manufactured housing and land resources program--8.0
FTE positions........................................ 2,986,200
Property development group--9.0 FTE positions.......... 1,839,000
GROSS APPROPRIATION.................................... $ 125,356,000
Appropriated from:
Interdepartmental grant revenues:
IDG-DCH, inspection contract........................... 100,000
Federal revenues:
Clinical lab improvement............................... 402,500
DOT.................................................... 60,000
Federal revenues....................................... 1,255,300
FEMA................................................... 28,000
Title XVIII Medicare................................... 11,841,600
Title XIX Medicaid..................................... 719,300
Title XIX Medicaid, facility certification fees........ 8,292,400
Special revenue funds:
Private - civil monetary penalties..................... 200,000
Aboveground storage tank fees.......................... 448,100
Accountancy enforcement fund........................... 404,800
Boiler inspection fund................................. 3,762,800
Builder enforcement fund............................... 479,200
Construction code fund................................. 8,453,700
Corporation fees....................................... 6,929,600
Elevator fees.......................................... 4,788,700
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,457,500
Fireworks safety fund.................................. 684,300
Health professions regulatory fund..................... 23,522,500
Health systems fees.................................... 3,317,400
Licensing and regulation fund.......................... 11,408,800
Liquor purchase revolving fund......................... 1,188,100
Michigan medical marihuana fund........................ 4,230,900
Mobile home code fund.................................. 2,986,200
Nurse professional fund................................ 1,939,800
Pain management fees................................... 1,823,700
Private occupational school license fees............... 818,500
Property development fees.............................. 318,100
Real estate appraiser continuing education fund........ 63,300
Real estate education fund............................. 341,100
Real estate enforcement fund........................... 697,300
Securities fees........................................ 4,926,700
Securities investor education and training fund........ 1,000,000
Security business fund................................. 340,100
Survey and remonumentation fund........................ 838,500
Unarmed combat fund.................................... 137,900
Underground storage tank fees.......................... 2,523,700
State general fund/general purpose..................... $ 11,460,200
Sec. 106. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 250.4
Occupational safety and health--197.0 FTE positions.... $ 28,722,200
Radiological health administration--21.4 FTE positions. 3,466,800
Wage and hour division--32.0 FTE positions............. 3,642,200
GROSS APPROPRIATION.................................... $ 35,831,200
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 11,722,600
Mammography quality standards.......................... 766,400
Special revenue funds:
Corporation fees....................................... 6,413,900
Fees and collections/asbestos.......................... 1,018,300
Radiological health fees............................... 2,677,500
Safety education and training fund..................... 9,573,900
Securities fees........................................ 3,484,400
State general fund/general purpose..................... $ 174,200
Sec. 107. EMPLOYMENT SERVICES
Full-time equated classified positions........ 1,066.0
Workers' compensation agency--56.0 FTE
positions............................................ $ 7,758,100
Insurance funds administration--23.0 FTE positions..... 5,241,200
Compensation supplement fund........................... 1,820,000
Unemployment insurance agency--782.7 FTE positions..... 91,618,900
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,394,900
Training program for agency staff--2.1 FTE positions... 1,851,300
Expanded fraud control program--33.2 FTE positions..... 3,910,600
Bureau of services for blind persons--113.0 FTE
positions............................................ 24,812,100
Employment and labor relations--22.0 FTE positions..... 4,136,300
GROSS APPROPRIATION.................................... $ 146,043,400
Appropriated from:
Federal revenues:
DOL-ETA, employment and training administration........ 842,100
DOL-ETA, unemployment insurance........................ 95,118,900
Federal revenues....................................... 18,308,300
Special revenue funds:
Local revenues......................................... 529,000
Private revenues....................................... 111,800
Contingent fund, penalty and interest account.......... 5,314,700
Corporation fees....................................... 1,771,900
Michigan business enterprise program fund.............. 562,000
Second injury fund..................................... 2,815,800
Securities fees........................................ 5,027,900
Self-insurers security fund............................ 1,339,600
Silicosis and dust disease fund........................ 1,085,800
Special fraud control fund............................. 1,000,000
Worker's compensation administrative revolving fund.... 2,462,800
State general fund/general purpose..................... $ 9,752,800
Sec. 108. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 233.0
Michigan administrative hearing system--215.0 FTE
positions............................................ $ 38,425,800
Michigan compensation appellate commission--18.0 FTE
positions............................................ 4,579,400
GROSS APPROPRIATION.................................... $ 43,005,200
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings and rules................ 14,259,800
Federal revenues:
DOL-ETA, unemployment insurance........................ 4,243,800
Federal revenue - administrative hearings and rules.... 9,842,600
Special revenue funds:
State restricted revenue - administrative hearings
and rules............................................ 12,834,300
Worker's compensation administrative revolving fund.... 335,600
State general fund/general purpose..................... $ 1,489,100
Sec. 109. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 41,795,200
GROSS APPROPRIATION.................................... $ 41,795,200
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOL, multiple grants for safety and health............. 273,700
DOL-ETA, unemployment insurance........................ 21,542,900
Federal revenues....................................... 700,000
Title XVIII Medicare................................... 610,000
Title XIX Medicaid, facility certification fees........ 320,000
Special revenue funds:
Aboveground storage tank fees.......................... 24,500
Boiler inspection fund................................. 375,800
Construction code fund................................. 963,800
Corporation fees....................................... 4,888,300
Elevator fees.......................................... 423,600
Fees and collections/asbestos.......................... 49,300
Fire service fees...................................... 293,800
Health professions regulatory fund..................... 1,099,800
Health systems fees.................................... 225,900
Licensing and regulation fund.......................... 1,818,500
Liquor purchase revolving fund......................... 2,843,000
Michigan medical marihuana fund........................ 284,000
Mobile home code fund.................................. 300,500
Motor carrier fees..................................... 191,300
Pain management fees................................... 175,300
Public utility assessments............................. 1,554,800
Radiological health fees............................... 140,000
Safety education and training fund..................... 632,400
Second injury fund..................................... 162,900
Securities fees........................................ 1,026,900
Self-insurers security fund............................ 84,800
Silicosis and dust disease fund........................ 74,800
Tax tribunal fund...................................... 518,000
Underground storage tank fees.......................... 131,400
State general fund/general purpose..................... $ 65,200
Sec. 110. DEPARTMENT GRANTS
Fire protection grants................................. $ 9,273,900
Firefighter training 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
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
GROSS APPROPRIATION.................................... $ 29,417,500
Appropriated from:
Special revenue funds:
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 APPROPRIATIONS
MLCC IT upgrades....................................... $ 500,000
Unemployment insurance agency – customer service....... 18,000,000
Disability accessibility project....................... 100,000
Delphi corporation workers' compensation payment fund.. 15,000,000
GROSS APPROPRIATION.................................... $ 33,600,000
Appropriated from:
Special revenue funds:
Contingent fund, penalty and interest account.......... 18,000,000
Elevator fees.......................................... 100,000
Liquor purchase revolving fund......................... 500,000
State general fund/general purpose..................... $ 15,000,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2014-2015
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 2014-2015 is $326,385,300.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $28,225,700.00. 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
Firefighter training 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
Subregional libraries state aid........................ 451,800
Total department of licensing and regulatory
affairs.............................................. $ 28,225,700
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Department" means the department of licensing and
regulatory affairs.
(b) "Director" means the director of the department.
(c) "DOE-OEERE" means the United States department of energy,
office of energy efficiency and renewable energy.
(d) "DOL" means the United States department of labor.
(e) "DOL-ETA" means the United States department of labor,
employment and training administration.
(f) "DOT" means the United States department of
transportation.
(g) "FEMA" means federal emergency management agency.
(h) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(i) "FTE" means full-time equated.
(j) "IDG" means interdepartmental grant.
(k) "IT" means information technology.
(l) "MAHS" means Michigan administrative hearing system.
(m) "MARVIN" means Michigan's automated response voice
interactive network.
(n) "METRO" means the metropolitan extension
telecommunications rights-of-way oversight act, 2002 PA 48, MCL
484.3101 to 484.3120.
(o) "MiWAM" means Michigan web account manager.
(p) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 205. (1) For each new program or program expansion for
which funds in excess of $500,000.00 are appropriated in part 1,
the department shall identify specific benchmarks intended to
measure the performance or return on taxpayer investment of the
program and its associated expenditures. Not later than November 1,
2014, the department shall report the proposed benchmarks to the
house and senate appropriations subcommittees for that department,
the house and senate fiscal agencies, and the state budget
director. The department shall provide an update on its progress in
achieving those benchmarks at an appropriations subcommittee
meeting called for the purpose of discussing benchmarks and their
status.
(2) It is the intent of the legislature that, beginning with
the budget for the fiscal year ending September 30, 2016, any
proposal for a new program or an expansion of an existing program
in excess of $500,000.00 initiated by the executive branch or the
legislature shall include, as part of the original proposal or
budget request, a list of benchmarks intended to measure the
performance or return on taxpayer investment of the program or
spending increase.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this part. 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 IT upgrades 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. The
estimated completion date for the work project is February 1, 2016.
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 chairpersons of the senate and house
appropriations committees and the 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 this part and 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 part 1 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 part 1 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 part 1
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 part 1
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 225. (1) Grants supported with private revenues received
by the department are appropriated upon receipt and are available
for expenditure by the department, subject to subsection (3), for
purposes specified within the grant agreement and as permitted
under state and federal law.
(2) Within 10 days after the receipt of a private grant
appropriated in subsection (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 fund source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not
exceed $1,500,000.00.
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.
(3) Unexpended funds at the end of the fiscal year shall carry
forward to the subsequent fiscal year and not lapse to the general
fund.
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, 2014 and September 30, 2015.
Sec. 235. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2015 is $72,438,500.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$40,484,400.00. Total agency appropriations for retiree health care
legacy costs are estimated at $31,954,100.00.
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. 241. (1) The department may charge registration fees to
attendees of informational, training, or special events sponsored
by the department.
(2) These fees shall reflect the costs for the department to
sponsor the informational, training, or special events.
(3) Revenue generated by the registration fees is appropriated
upon receipt and available for expenditure to cover the
department's costs of sponsoring informational, training, or
special events.
(4) Revenue generated by registration fees in excess of the
department's costs of sponsoring informational, training, or
special events shall carry forward to the subsequent fiscal year
and not lapse to the general fund.
(5) Not later than November 15, the department shall submit a
report to the subcommittees, fiscal agencies, and the state budget
office that identifies each of the following in the immediately
preceding fiscal year:
(a) Each informational, training, or special event sponsored
by the department.
(b) The amount of revenue generated by registration fees.
(c) The amount expended for the department's costs of
sponsoring informational, training, or special events.
(d) Any balance carried forward into the subsequent fiscal
year.
(6) The amount appropriated under subsection (3) shall not
exceed $500,000.00.
Sec. 242. 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. 243. (1) The department shall work to establish memoranda
of understanding with other state departments or agencies that
participate in the reinventing performance in Michigan program
supported by appropriations in part 1. Each memorandum shall detail
a mechanism for the department to recover costs related to program
services performed on behalf of the receiving agency. Not later
than March 1, the department shall submit a report to the state
budget office, subcommittees, and fiscal agencies containing the
following information:
(a) The name of each state department or agency participating
in the program.
(b) Whether a memorandum of understanding was established with
each participating state department or agency.
(c) The amount agreed upon in each memorandum of
understanding.
(2) It is the intent of the legislature that future financial
support for the reinventing performance in Michigan program be
shared among participating state departments or agencies.
Sec. 245. The department, in conjunction with the department
of community health, shall establish an accounting structure within
the Michigan administrative information network that will allow
expenditures associated with the administration of the Healthy
Michigan plan to be identified. By October 1, 2014, the department
shall provide the state budget office and the fiscal agencies with
the relevant accounting structure and associated business objects
script and report that groups administrative costs.
Sec. 248. (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 untolled, 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.
(l) Number of administrative hearings pertaining to each
regulated activity.
(m) Number of administrative hearing adjudications 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. 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.
OCCUPATIONAL REGULATION
Sec. 501. Money appropriated under this part and part 1 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. 502. 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. 503. 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. 505. (1) 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.
(2) Not later than April 1, the department shall submit to the
subcommittees and fiscal agencies a report on the revenues,
expenditures, and balance of the homeowner construction lien
recovery fund as of the end of the previous fiscal year.
Sec. 506. (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. 507. (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. 508. 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. 509. By February 1, the bureau of health care services
shall provide the state budget office, the subcommittees, and the
fiscal agencies an updated schedule of fees to be charged by the
bureau of health care services 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. 510. 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.
Sec. 511. No later than February 1, the department shall
submit a report to the subcommittees and fiscal agencies providing
the following information:
(a) The total amount of reimbursements made to local units of
government for delegated inspections of fireworks retail locations
pursuant to section 11 of the Michigan fireworks safety act, 2011
PA 256, MCL 28.461, from the funds appropriated in part 1 for the
bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of
fireworks retail locations for each local unit of government that
received reimbursement from the funds appropriated in part 1 for
the bureau of fire services during the preceding fiscal year.
Sec. 512. (1) To the extent allowed under applicable state and
federal laws, the bureau of health care services shall make
disciplinary actions taken against health professionals publicly
available through the online license verification website.
(2) From the appropriation in part 1 for health professions
regulation, the department shall spend up to $200,000.00 to
implement this section. It is the intent of the legislature that
this amount is 1-time and will be removed from future
appropriations for health professions regulation.
Sec. 513. (1) Beginning October 1, for the purpose of
defraying the costs associated with responding to false final
inspection appointments and to discourage the practice of calling
for final inspections when the project is incomplete or
noncompliant with a plan of correction previously provided by the
bureau of fire services, the bureau of fire services may undertake
a pilot project to assess a fee not to exceed $200.00 for
responding to confirmed false inspection appointments. Fees
collected under this section shall be deposited into the restricted
account referenced by section 2c(2) of the fire prevention code,
1941 PA 207, MCL 29.2c, and explicitly identified within the
Michigan administrative information network.
(2) Not later than September 30, the department shall prepare
a report that provides the amount of the fee assessed under
subsection (1), the number of fees assessed and issued per region,
the cost allocation for the work performed and reduced as a result
of this section, and any recommendations for consideration by the
legislature in regard to the pilot project. The department shall
submit this information to the state budget director, the
subcommittees, and the fiscal agencies.
EMPLOYMENT SERVICES
Sec. 701. 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. 702. The unemployment insurance agency shall provide the
subcommittees, fiscal agencies, and state budget office with
quarterly status reports on the implementation of and improvements
to 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, a summary of the tasks completed, and
a summary of the tasks anticipated to be completed in the
subsequent quarter.
Sec. 703. 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 MiWAM system or any
application developed for that purpose. The department shall
implement improvements to the Internet MiWAM system that promote
greater ease of access and security with a goal of reaching 75% of
users certifying by using the Internet MiWAM system or another
system that reduces staff face time and MARVIN telephone system
usage.
Sec. 704. (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. 705. 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. 706. (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. 707. The bureau of services for blind persons 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.
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Sec. 801. (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.
DEPARTMENT GRANTS
Sec. 901. (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. 902. (1) Not later than January 31, 2015, 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, as of September 30,
2014, 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 offices 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 office
applied for a grant under subsection (3). For the purposes of this
subsection, operation and oversight grants are for education,
communication, and enforcement of the Michigan medical marihuana
act, 2008 IL 1, MCL 333.26421 to 333.26430.
(3) In order to be eligible to receive a grant under
subsection (2), a county law enforcement office shall apply no
later than January 1, 2015 and agree to report how the grant was
expended and provide that report to the department no later than
September 15, 2015. The department shall submit a report no later
than October 15, 2015 to the state budget director, the
subcommittees, and the fiscal agencies detailing the grant amounts
by recipient and the reported uses of the grants in the preceding
fiscal year.
(4) County law enforcement offices 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 office distributes a discretionary grant in
this manner, that county law enforcement office shall require the
receiving municipal law enforcement 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).
(5) No later than January 1, 2015, the department shall post a
listing of potential grant money available to each county law
enforcement office on its website. A county law enforcement office
requesting a grant shall apply on a form developed by the
department and available on the website. The form shall contain the
county law enforcement office's specific projected plan for use of
the money and its agreement to maintain all records and to submit
documentation to the department to support the use of the grant
money.
Sec. 903. (1) The amount appropriated in part 1 for
firefighter training grants shall only be expended for payments to
counties to reimburse organized fire departments for firefighter
training and other activities required under the firefighters
training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in part 1 for firefighter
training grants is expended by the firefighter training council,
established in section 3 of the firefighters training council act,
1966 PA 291, MCL 29.363, for payments to counties under section 14
of the firefighters training council act, 1966 PA 291, MCL 29.374,
it is the intent of the legislature that:
(a) The amount appropriated in part 1 for firefighter training
grants shall be disbursed pursuant to section 14(2) of the
firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount disbursed to any county under subsection
(2)(a) is less than $5,000.00, the amounts disbursed to each county
under subsection (2)(a) shall be adjusted to provide for a minimum
payment of $5,000.00 to each county.
(3) No later than February 1, the department shall submit a
financial report to the subcommittees and fiscal agencies
identifying the following information for the preceding fiscal
year:
(a) The amount of the payments that would be made to each
county if the distribution formula described by the first sentence
of section 14(2) of the firefighters training council act, 1966 PA
291, MCL 29.374, would have been utilized to disburse the total
amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighter
training council for disbursement to each county.
(c) The amount of the payments actually expended or encumbered
within each county.
(d) A description of any other payments or expenditures made
under the authority of the firefighter training council.
(e) The amount of payments approved for disbursements to
counties that was not expended or encumbered and lapsed back to the
fireworks safety fund pursuant to subsection (4).
(4) It is the intent of the legislature that the amount
appropriated in part 1 for firefighter training grants be adjusted
each fiscal year to reflect lapses from the preceding fiscal year
into the fireworks safety fund created in section 11 of the
Michigan fireworks safety act, 2011 PA 256, MCL 28.461, for the
purpose of ensuring that lapsed grant funds are reallocated in
subsequent fiscal years.
ONE-TIME BASIS ONLY
Sec. 1001. (1) Of the amount appropriated in part 1 for the
Delphi corporation workers' compensation payment fund,
$8,000,000.00 may be expended by the department in fiscal year
2014-2015 to settle or otherwise support the workers' compensation
claims of former employees of the Delphi corporation.
(2) The remaining $7,000,000.00 of the amount appropriated in
part 1 for the Delphi corporation workers' compensation payment
fund shall not be expended unless the self-insurers security fund
balance and the amount specified in subsection (1) are insufficient
to adequately settle or otherwise support the workers' compensation
claims of former employees of the Delphi corporation.
(3) If the condition specified in subsection (2) is realized
and the department has collected the annual revenue generated by an
increased assessment of 0.5% for the self-insurers' security fund,
then, beginning in fiscal year 2014-2015, the department may
annually expend an amount not to exceed 20.0% of the amount
specified in subsection (2) until either:
(a) The workers' compensation claims of former employees of
the Delphi corporation are settled or otherwise supported.
(b) The entire amount specified in subsection (2) is expended.
(4) If the condition specified in subsection (3)(a) is
realized, any unencumbered or unexpended funds appropriated for the
Delphi corporation workers' compensation payment fund shall lapse
to the general fund.
(5) The department shall annually notify the state budget
office, the chairpersons of the house and senate appropriations
committees, and the fiscal agencies of the amount of any
expenditures made under subsection (3).
(6) The amount appropriated in part 1 for the Delphi
corporation workers' compensation payment fund is designated as a
work project appropriation and shall not lapse at the end of the
fiscal year. Subject to subsection (4), any unencumbered or
unexpended funds shall continue to be available for expenditure
until September 30, 2019.
Sec. 1002. From the appropriations in part 1, the department
shall work with a nonprofit group with expertise in the field of
disability accessibility evaluations on a pilot project. The pilot
project shall include both of the following:
(a) Services to municipalities and businesses for the
improvement of accessibility for persons with disabilities.
(b) Creation of universal design blueprints that are
accessible electronically through the bureau of construction codes.