SB-0772, As Passed Senate, April 29, 2014
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.................................... $ 530,761,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 14,509,800
ADJUSTED GROSS APPROPRIATION........................... $ 516,251,200
Federal revenues:
Total federal revenues................................. 199,124,800
Special revenue funds:
Total local revenues................................... 656,500
Total private revenues................................. 2,311,800
Total other state restricted revenues.................. 289,124,300
State general fund/general purpose..................... $ 25,033,800
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 25,033,800
One-time state general fund/general
purpose............................................ 0
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
Property management.................................... 9,328,300
Rent................................................... 7,868,600
Worker's compensation.................................. 662,500
Special project advances............................... 500,000
Administrative services--84.0 FTE positions............ 9,673,000
Office of regulatory reinvention--4.0 FTE positions.... 484,700
GROSS APPROPRIATION.................................... $ 37,924,200
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
Private - special project advances..................... 500,000
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....................................... 4,105,300
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
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..................... $ 1,573,700
Sec. 103. PUBLIC SERVICE COMMISSION
Full-time equated classified positions.......... 193.0
Public service commission--190.0 FTE positions......... $ 30,403,100
METRO authority--3.0 FTE positions..................... 383,600
GROSS APPROPRIATION.................................... $ 30,786,700
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 56,700
DOT, gas pipeline safety............................... 1,234,500
Special revenue funds:
Children's protection registry fund.................... 272,600
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
Disability accessibility pilot project................. 100,000
Medical marihuana program--20.0 FTE positions.......... 4,230,900
Bureau of health care services--341.4 FTE positions.... 56,648,200
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.................................... $ 125,256,000
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.......................................... 4,888,700
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......................... 3,159,800
Medical marihuana fund................................. 4,230,900
Mobile home code fund.................................. 2,986,200
Nurse professional fees................................ 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..................... $ 9,288,500
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....................................... 4,417,200
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..................... $ 2,170,900
Sec. 107. EMPLOYMENT SERVICES
Full-time equated classified positions........ 1,066.0
Worker's compensation administration--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............................................ 23,312,100
Employment and labor relations--22.0 FTE positions..... 4,136,300
GROSS APPROPRIATION.................................... $ 144,543,400
Appropriated from:
Federal revenues:
DOL, employment and training administration............ 842,100
DOL-ETA, unemployment insurance........................ 95,118,900
Federal revenues....................................... 16,808,300
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:
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
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
Fireworks safety grants................................ 1,000,000
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Private grant programs................................. 1,500,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
GROSS APPROPRIATION.................................... $ 30,917,500
Appropriated from:
Special revenue funds:
Private revenues....................................... 1,500,000
Fire protection fund................................... 8,500,000
Fireworks safety fund.................................. 1,000,000
Liquor license revenue................................. 7,200,000
Liquor purchase revolving fund......................... 773,900
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....................................... $ 2,000,000
Unemployment insurance agency.......................... 19,200,000
Motor carrier database rewrite project................. 100
Corporations database rewrite project.................. 100
GROSS APPROPRIATION.................................... $ 21,200,200
Appropriated from:
Special revenue funds:
Contingent fund, penalty and interest account.......... 19,200,000
Corporation fees....................................... 100
Liquor purchase revolving fund......................... 2,000,000
Motor carrier fees..................................... 100
State general fund/general purpose..................... $ 0
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 $313,458,200.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2014-2015 is $29,417,500.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Fire protection grants................................. $ 9,273,900
Fireworks safety grants................................ 1,000,000
Liquor law enforcement................................. 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
Total department of licensing and regulatory
affairs.............................................. $ 29,417,500
Sec. 202. The appropriations authorized under this 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) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 208. The departments and agencies receiving
appropriations in part 1 shall use the Internet to fulfill the
reporting requirements of this 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 information technology are designated as work project
appropriations and shall not lapse at the end of the fiscal year.
Any unencumbered and unexpended funds shall continue to be
available for expenditure until the project has been completed. The
estimated completion date for the work project is November 1, 2014.
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 senate and house fiscal agencies.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committee, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. No later than April 1, the department shall submit
to the subcommittees and the fiscal agencies a report pertaining to
the following information:
(a) The amount, in square footage, of office space paid for
with the appropriation in part 1 for both state-owned and leased
office space, respectively, during the previous fiscal year.
(b) The amount, in square footage, of office space actually
utilized by the department for both state-owned and leased office
space, respectively, during the previous fiscal year.
(c) The amount of office space the department estimates will
be utilized during the current and subsequent fiscal years.
Sec. 220. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended. Within
14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 221. Funds appropriated in part 1 shall not be used by a
principal executive department, state agency, or authority to hire
a person to provide legal services that are the responsibility of
the attorney general. This prohibition does not apply to legal
services for bonding activities and for those outside services that
the attorney general authorizes.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $19,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in 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. 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.
(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 agency 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. 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.
Sec. 268. (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.
(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).
OCCUPATIONAL REGULATION
Sec. 501. (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. 502. Money appropriated under this article for the bureau
of fire services shall not be expended unless, in accordance with
section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c,
inspection and plan review fees will be charged according to the
following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 503. 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. 504. 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. 505. (1) It is the intent of the legislature that the
department expend the amount appropriated in part 1 for fireworks
safety grants to local units of government to defray inspection
costs associated with the enforcement of the Michigan fireworks
safety act, 2011 PA 256, MCL 28.451 to 28.471.
(2) No later than February 1, the department shall submit a
report to the subcommittees and fiscal agencies providing all of
the following information:
(a) The total amount of grants made to local units of
government from funds appropriated in part 1 for fireworks safety
grants during the preceding fiscal year.
(b) Each local unit of government awarded a grant from the
funds appropriated in part 1 for fireworks safety grants and the
amount of each grant that was awarded during the preceding fiscal
year.
Sec. 514. (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. 525. 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. 526. (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. 527. 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. 528. (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 to county
law enforcement departments for the operation and oversight of the
Michigan medical marihuana program pursuant to section 6(l) of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. These
grants shall be distributed proportionately based on the number of
registry identification cards issued to or renewed for the
residents of each county whose county law enforcement department
applied for a grant under subsection (3). For the purposes of this
subsection, operation and oversight grants are grants for education
for law enforcement and the public, enforcement, and
communications.
(3) In order to be eligible to receive a grant under this
subsection, a county law enforcement department 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 amounts by
recipient and the reported uses of the grants.
(4) County law enforcement departments may distribute
discretionary grants made under subsection (2) to municipal law
enforcement agencies for the operation and oversight, education,
enforcement, and communications of the Michigan medical marihuana
program pursuant to section 6(l) of the Michigan medical marihuana
act, 2008 IL 1, MCL 333.26426. If a county law enforcement
department distributes a discretionary grant in this manner, that
county law enforcement department shall require the receiving
agency to provide a report on how that grant was spent. Reports
from municipal law enforcement agencies shall be included as part
of the report submitted to the department as required in subsection
(3).
(5) No later than January 1, 2015, the department shall post a
listing of potential grant money available to each county law
enforcement agency on its website. A county law enforcement agency
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 agency'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. 531. By February 1, the bureau of health care services
shall provide the state budget office 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. 532. 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.
Sec. 533. 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.
EMPLOYMENT SERVICES
Sec. 710. (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. 711. 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. 713. (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. 715. 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 bureau 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 bureau for these services are appropriated for all
expenses necessary. The funds appropriated under this section are
allotted for expenditure when they are received by the department
of treasury.
Sec. 730. 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. 732. 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. 753. The department shall report quarterly to the members
of the house and senate committees on appropriations, the fiscal
agencies, and the state budget director on the percentage of
unemployment claimants that meet the certification requirements for
receiving benefits by using the Internet MARVIN system or any
application developed for that purpose. The department shall
implement improvements to the Internet MARVIN system that promote
greater ease of access and security with a goal of reaching 80% of
users certifying by using the Internet MARVIN system or another
system that reduces staff face time and MARVIN telephone system
usage.
Sec. 780. (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.
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Sec. 890. (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.