SB-0190, As Passed Senate, April 30, 2013
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........ 2,920.0
GROSS APPROPRIATION.................................... $ 495,278,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 14,228,200
ADJUSTED GROSS APPROPRIATION........................... $ 481,050,200
Federal revenues:
Total federal revenues................................. 195,560,000
Special revenue funds:
Total local revenues................................... 656,500
Total private revenues................................. 2,011,800
Total other state restricted revenues.................. 259,957,300
State general fund/general purpose..................... $ 22,864,600
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 22,864,600
One-time state general fund/general
purpose............................................ 0
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
Property management.................................... 10,007,300
Rent................................................... 7,673,600
Worker's compensation.................................. 612,300
Special project advances............................... 200,000
Administrative services--87.0 FTE positions............ 8,725,000
Office of regulatory reinvention--4.0 FTE positions.... 477,000
GROSS APPROPRIATION.................................... $ 37,051,900
Appropriated from:
Interdepartmental grant revenues:
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
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
Workers' 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:
Interdepartmental grant revenues:
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:
Interdepartmental grant revenues:
Federal revenues:
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...... 8,977,200
Corporations, securities and commercial licensing
bureau--192.0 FTE positions.......................... 26,560,800
Elevator inspection program--30.0 FTE positions........ 3,647,500
Bureau of health professions--151.0 FTE positions...... 27,260,800
Medical marihuana program--9.0 FTE positions........... 4,200,000
Bureau of health systems--211.4 FTE positions.......... 28,034,900
Radiological health administration--21.4 FTE positions. 3,419,300
Background check program--5.5 FTE positions............ 2,615,000
Manufactured housing and land resources
program--18.0 FTE positions.......................... 2,932,900
Property development group--9.0 FTE positions.......... 1,792,700
GROSS APPROPRIATION.................................... $ 124,714,200
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, 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..................................... 718,100
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.................................... 3,300,100
Licensing and regulation fees.......................... 11,268,800
Liquor purchase revolving fund......................... 3,110,800
Medical marihuana fund................................. 4,200,000
Mobile home code fund.................................. 2,947,200
Nurse professional fees................................ 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:
Interdepartmental grant revenues:
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........ 1,088.0
Worker's compensation administration--66.0 FTE
positions............................................ $ 7,823,600
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.................................... $ 141,699,100
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOL, 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....................................... 1,900,900
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
Workers' 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.......... 242.0
Michigan administrative hearing system--211.0 FTE
positions............................................ $ 37,161,000
Michigan compensation appellate commission--31.0 FTE
positions............................................ 4,386,000
GROSS APPROPRIATION.................................... $ 41,547,000
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings.......................... 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............................................ 12,865,800
Workers' 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
GROSS APPROPRIATION.................................... $ 41,392,800
Appropriated from:
Interdepartmental grant revenues:
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......................... 2,873,600
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
Liquor law enforcement grants.......................... 7,200,000
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.................................... $ 26,917,500
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Special revenue funds:
Private revenues....................................... 1,500,000
Fire protection fund................................... 8,500,000
Liquor license revenue................................. 7,200,000
Liquor purchase revolving fund......................... 773,900
Survey and remonumentation fund........................ 7,300,000
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 693,600
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 $282,821,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2013-2014 is $25,417,500.00. 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
Liquor law enforcement................................. 7,200,000
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.............................................. $ 25,417,500
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. Unless otherwise specified, the department 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. 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 department shall
work with the state budget office to 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. 217. (1) Due to the current budgetary problems in this
state, out-of-state travel shall be limited to situations in which
1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, each department shall prepare a
travel report listing all travel by classified and unclassified
employees outside this state in the immediately preceding fiscal
year that was funded in whole or in part with funds appropriated in
the department's budget. The report shall be submitted to the
senate and house appropriations committees, the senate and house
fiscal agencies, and the state budget director. The report shall
include the following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 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.
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. 320. If the revenue collected by the department from
licensing and regulation fees collected by the bureau of commercial
services exceeds the amount expended from appropriations in part 1,
the revenue may be carried forward into the subsequent fiscal year.
The revenue carried forward under this section shall be used as the
first source of funds in the subsequent fiscal year.
Sec. 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.
Senate Bill No. 190 as amended April 30, 2013
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 50% of
users certifying by using the Internet MARVIN system or another
system that reduces staff face time and MARVIN telephone system
usage.
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Sec. 368. No later than March 1, the department shall submit a
report to the state budget office, the fiscal agencies, and the
subcommittees, providing expenditure and revenue data and
statistical data on licensing and regulatory activities of the
bureau of commercial services and the bureau of construction codes
during the previous fiscal year. To the extent possible, the data
required shall be reported for each individual occupation, trade,
or industry regulated.
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.
BUREAU OF SERVICES FOR BLIND PERSONS
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.
HEALTH REGULATION
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 November 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 fiscal year ending September 30, 2013, 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 senate and house appropriations committees,
and the fiscal agencies.
(2) After submitting the report under subsection (1), the
department may expend up to $3,000,000.00 of the funds appropriated
in part 1 for the Michigan medical marihuana program for
discretionary grants to county law enforcement departments for
education about and enforcement of the Michigan medical marihuana
program. These discretionary grants, if issued, shall be
distributed proportionately based on the number of registry
identification cards issued to or renewed for the residents of each
county. In order to be eligible to receive a grant under this
subsection, a county law enforcement department must agree to
report how the grant was spent and provide that report to the
department no later than July 31, 2014. The department shall submit
a report by September 30, 2014 to the state budget director, the
senate and house appropriations committees, and the fiscal agencies
detailing the amounts, the recipients, and the reported uses of
these discretionary grants.
Sec. 731. (1) The bureau of health systems 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 systems 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.
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.