FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 4106, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
Recommends:
First: That the Senate recede from the Substitute of the Senate as passed by the Senate.
Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:
(attached)
Third: That the House and Senate agree to the title of the bill to read as follows:
A bill to make appropriations for the department of licensing and regulatory affairs and certain other state purposes for the fiscal year ending September 30, 2016; 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.
_______________________ ________________________
Chris Afendoulis Marty Knollenberg
_______________________ ________________________
Michael D. McCready Jim Marleau
_______________________ ________________________
Harvey Santana Coleman Young II
Conferees for the House Conferees for the Senate
SUBSTITUTE FOR
HOUSE BILL NO. 4106
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, 2016; 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 2015-2016
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, 2016, 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........ 2,163.3
GROSS APPROPRIATION.................................... $ 407,649,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 46,068,700
ADJUSTED GROSS APPROPRIATION........................... $ 361,580,300
Federal revenues:
Total federal revenues................................. 63,674,900
Special revenue funds:
Total local revenues................................... 679,000
Total private revenues................................. 341,300
Total other state restricted revenues.................. 258,403,600
State general fund/general purpose..................... $ 38,481,500
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 115.0
Unclassified salaries--57.5 FTE positions.............. $ 4,605,200
Executive director programs--24.0 FTE positions........ 2,890,200
Financial and administrative services--74.0 FTE
positions............................................ 7,805,800
Office of regulatory reinvention--4.0 FTE positions.... 482,600
Office of reinventing performance in Michigan--6.0 FTE
positions............................................ 700,000
Office for new Americans--4.0 FTE positions............ 593,000
FOIA coordination--2.0 FTE positions................... 302,900
Local community stabilization authority--1.0 FTE
position............................................. 150,000
Property management.................................... 11,776,400
Information technology services and projects........... 19,979,100
Worker's compensation.................................. 342,700
GROSS APPROPRIATION.................................... $ 49,627,900
Appropriated from:
Interdepartmental grant revenues:
IDG-DIFS, accounting services.......................... 150,000
IDG-TED, unemployment hearings......................... 555,000
Federal revenues:
DED-vocational rehabilitation and independent living... 2,184,100
DOL-occupational safety and health..................... 992,400
EPA-underground storage tanks.......................... 28,600
HHS-Medicaid, certification of health care providers
and suppliers........................................ 708,700
HHS-Medicare, certification of health care providers
and suppliers........................................ 1,165,600
Special revenue funds:
Local stabilization authority contract................. 150,000
Aboveground storage tank fees.......................... 145,500
Accountancy enforcement fund........................... 67,000
Asbestos abatement fund................................ 179,600
Boiler inspection fund................................. 630,800
Builder enforcement fund............................... 98,800
Construction code fund................................. 1,609,400
Corporation fees....................................... 8,622,900
Elevator fees.......................................... 683,400
Fire alarm fees........................................ 5,300
Fire safety standard and enforcement fund.............. 1,100
Fire service fees...................................... 771,800
Fireworks safety fund.................................. 93,600
Health professions regulatory fund..................... 2,672,200
Health systems fees.................................... 438,900
Licensing and regulation fund.......................... 3,035,800
Liquor license revenue................................. 300,000
Liquor purchase revolving fund......................... 7,046,300
Michigan medical marihuana fund........................ 917,600
Mobile home code fund.................................. 603,900
Nurse professional fund................................ 36,900
PMECSEMA fund.......................................... 217,700
Private occupational school license fees............... 164,000
Property development fees.............................. 6,000
Public utility assessments............................. 3,985,700
Radiological health fees............................... 296,200
Real estate appraiser education fund................... 6,400
Real estate education fund............................. 15,200
Real estate enforcement fund........................... 9,900
Restructuring mechanism assessments.................... 11,000
Safety education and training fund..................... 1,372,700
Second injury fund..................................... 395,000
Securities fees........................................ 4,594,100
Securities investor education and training fund........ 14,400
Security business fund................................. 3,100
Self-insurers security fund............................ 255,900
Silicosis and dust disease fund........................ 173,500
Survey and remonumentation fund........................ 142,000
Tax tribunal fund...................................... 1,631,400
Unarmed combat fund.................................... 12,800
Underground storage tank fees.......................... 355,200
Utility consumer representation fund................... 52,900
Worker's compensation administrative revolving fund.... 99,800
State general fund/general purpose..................... $ 1,917,800
Sec. 103. ENERGY AND UTILITY PROGRAMS
Full-time equated classified positions.......... 183.0
Michigan agency for energy--52.0 FTE positions......... $ 12,155,100
Public service commission--131.0 FTE positions......... 21,647,600
GROSS APPROPRIATION.................................... $ 33,802,700
Appropriated from:
Federal revenues:
DOE-heating oil and propane............................ 3,851,200
DOT-gas pipeline safety................................ 1,219,900
EPA-pollution prevention............................... 84,000
Special revenue funds:
Oil overcharge......................................... 30,000
Public utility assessments............................. 26,847,100
Restructuring mechanism assessments.................... 550,900
Retired engineers technical assistance program fund.... 669,600
State general fund/general purpose..................... $ 550,000
Sec. 104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 143.0
Management support services--28.0 FTE positions........ $ 4,361,200
Liquor licensing and enforcement--115.0 FTE positions.. 15,089,200
GROSS APPROPRIATION.................................... $ 19,450,400
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 124,500
Liquor license fee enhancement fund.................... 75,000
Liquor license revenue................................. 7,304,100
Liquor purchase revolving fund......................... 11,946,800
State general fund/general purpose..................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified positions........ 1,024.9
Bureau of fire services--80.0 FTE positions............ $ 11,414,500
Bureau of construction codes--176.0 FTE positions...... 21,767,000
Detroit demolition permit assistance................... 800,000
Corporations, securities, and commercial licensing
bureau--178.0 FTE positions.......................... 26,818,100
Bureau of health care services--351.9 FTE positions.... 59,284,100
Medical marihuana program--20.0 FTE positions.......... 4,228,800
Bureau of children and adult licensing--219.0 FTE
positions............................................ 28,569,000
GROSS APPROPRIATION.................................... $ 152,881,500
Appropriated from:
Interdepartmental grant revenues:
IDG-DHHS, inspection contract.......................... 100,000
IDG-MDE, child care licensing.......................... 16,340,200
Federal revenues:
DHS-fire training systems.............................. 28,000
DOT-hazardous materials training and planning.......... 60,000
EPA-underground storage tanks.......................... 1,255,300
HHS-Medicaid, certification of health care providers
and suppliers........................................ 8,991,600
HHS-Medicare, certification of health care providers
and suppliers........................................ 12,215,700
Special revenue funds:
Private - civil monetary penalties..................... 199,500
Aboveground storage tank fees.......................... 447,200
Accountancy enforcement fund........................... 404,300
Boiler inspection fund................................. 3,756,800
Builder enforcement fund............................... 478,300
Construction code fund................................. 8,440,000
Corporation fees....................................... 6,916,900
Elevator fees.......................................... 4,780,500
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,452,400
Fireworks safety fund.................................. 682,900
Health professions regulatory fund..................... 23,491,300
Health systems fees.................................... 3,309,300
Licensing and regulation fund.......................... 11,386,500
Liquor purchase revolving fund......................... 130,900
Michigan medical marihuana fund........................ 4,228,800
Mobile home code fund.................................. 2,982,300
Nurse professional fund................................ 1,937,200
PMECSEMA fund.......................................... 1,821,300
Private occupational school license fees............... 817,600
Property development fees.............................. 318,100
Real estate appraiser education fund................... 63,200
Real estate education fund............................. 340,600
Real estate enforcement fund........................... 696,400
Securities fees........................................ 4,918,700
Securities investor education and training fund........ 999,900
Security business fund................................. 340,100
Survey and remonumentation fund........................ 837,200
Unarmed combat fund.................................... 137,000
Underground storage tank fees.......................... 2,518,500
State general fund/general purpose..................... $ 23,891,600
Sec. 106. EMPLOYMENT SERVICES
Full-time equated classified positions.......... 464.4
Workers' compensation agency--56.0 FTE positions....... $ 7,745,500
Insurance funds administration--23.0 FTE positions..... 5,236,300
Compensation supplement fund........................... 1,820,000
Bureau of services for blind persons--113.0 FTE
positions............................................ 25,011,000
Bureau of employment relations--22.0 FTE positions..... 4,117,800
Michigan occupational safety and health
administration--197.0 FTE positions.................. 28,660,200
Radiation safety section--21.4 FTE positions........... 3,437,000
Wage and hour program--32.0 FTE positions.............. 3,658,300
GROSS APPROPRIATION.................................... $ 79,686,100
Appropriated from:
Federal revenues:
DED-vocational rehabilitation and independent living... 18,279,800
DOL-occupational safety and health..................... 11,695,100
HHS-mammography quality standards...................... 764,900
Special revenue funds:
Local revenues......................................... 529,000
Private revenues....................................... 111,800
Asbestos abatement fund................................ 1,016,800
Corporation fees....................................... 8,455,400
Michigan business enterprise program fund.............. 562,000
Radiological health fees............................... 2,672,100
Safety education and training fund..................... 9,554,100
Second injury fund..................................... 2,814,600
Securities fees........................................ 8,484,500
Self-insurers security fund............................ 1,337,100
Silicosis and dust disease fund........................ 1,084,600
Worker's compensation administrative revolving fund.... 2,462,800
State general fund/general purpose..................... $ 9,861,500
Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 233.0
Michigan administrative hearing system--215.0 FTE
positions............................................ $ 38,678,000
Michigan compensation appellate commission--18.0 FTE
positions............................................ 4,546,700
GROSS APPROPRIATION.................................... $ 43,224,700
Appropriated from:
Interdepartmental grant revenues:
IDG revenues - administrative hearings and rules....... 28,923,500
Federal revenues:
Federal revenues - administrative hearings and rules... 150,000
Special revenue funds:
State restricted revenues - administrative hearings
and rules............................................ 12,783,100
Worker's compensation administrative revolving fund.... 333,200
State general fund/general purpose..................... $ 1,034,900
Sec. 108. DEPARTMENT GRANTS
Fire protection grants................................. $ 9,273,900
Firefighter training grants............................ 1,000,000
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 750,000
GROSS APPROPRIATION.................................... $ 28,975,700
Appropriated from:
Special revenue funds:
Fire protection fund................................... 8,500,000
Fireworks safety fund.................................. 1,000,000
Liquor license revenue................................. 7,200,000
Michigan medical marihuana fund........................ 3,000,000
Survey and remonumentation fund........................ 7,300,000
Utility consumer representation fund................... 750,000
State general fund/general purpose..................... $ 1,225,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2015-2016
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 2015-2016 is $296,885,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2015-2016 is $28,225,700.00. The
itemized statement below identifies appropriations from which
spending to local units of government will occur:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
Fire protection grants................................. $ 9,273,900
Firefighter training grants............................ 1,000,000
Liquor law enforcement grants.......................... 7,200,000
Medical marihuana operation and oversight grants....... 3,000,000
Remonumentation grants................................. 7,300,000
Subregional libraries state aid........................ 451,800
Total department of licensing and regulatory
affairs.............................................. $ 28,225,700
Sec. 202. The appropriations authorized under this part and
part 1 are subject to the management and budget act, 1984 PA 431,
MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "DED" means the United States Department of Education.
(b) "Department" means the department of licensing and
regulatory affairs.
(c) "DHHS" means the Michigan department of health and human
services.
(d) "DHS" means the United States Department of Homeland
Security.
(e) "DIFS" means the department of insurance and financial
services.
(f) "Director" means the director of the department.
(g) "DOE" means the United States Department of Energy.
(h) "DOL" means the United States Department of Labor.
(i) "DOT" means the United States Department of
Transportation.
(j) "EPA" means the United States Environmental Protection
Agency.
(k) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(l) "FOIA" means the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(m) "FTE" means full-time equated.
(n) "HHS" means the United States Department of Health and
Human Services.
(o) "IDG" means interdepartmental grant.
(p) "MDE" means the Michigan department of education.
(q) "PMECSEMA" means pain management education and controlled
substances electronic monitoring and antidiversion.
(r) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
(s) "TED" means the Michigan department of talent and economic
development.
Sec. 205. In addition to the metrics required under section
447 of the management and budget act, 1984 PA 431, MCL 18.1447, for
each new program or program enhancement for which funds in excess
of $500,000.00 are appropriated in part 1, the department shall
provide, not later than November 1, a list of program-specific
metrics intended to measure its performance based on a return on
taxpayer investment. The department shall deliver the program-
specific metrics to members of the senate and house subcommittees
that have subject matter jurisdiction for this budget, fiscal
agencies, and the state budget director. The department shall
provide an update on its progress in tracking program-specific
metrics and the status of program success at an appropriations
subcommittee meeting called for by the subcommittee chairperson.
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. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies or reports unless
otherwise required by federal and state guidelines.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. Not later than November 30, the state budget office
shall prepare and transmit a report that provides for estimates of
the total general fund/general purpose appropriation lapses at the
close of the prior fiscal year. This report shall summarize the
projected year-end general fund/general purpose appropriation
lapses by major departmental program or program areas. The report
shall be transmitted to the chairpersons of the senate and house
appropriations committees and the fiscal agencies.
Sec. 218. The departments and agencies receiving
appropriations in part 1 shall prepare a report on out-of-state
travel expenses not later than January 1 of each year. The travel
report shall be a listing of all travel by classified and
unclassified employees outside this state in the immediately
preceding fiscal year that was funded in whole or in part with
funds appropriated in the department's budget. The report shall be
submitted to the house and senate appropriations committee, the
house and senate fiscal agencies, and the state budget director.
The report shall include the following information:
(a) The dates of each travel occurrence.
(b) The total transportation and related costs of each travel
occurrence, including the proportion funded with state general
fund/general purpose revenues, the proportion funded with state
restricted revenues, the proportion funded with federal revenues,
and the proportion funded with other revenues.
Sec. 219. No later than April 1, the department shall submit
to the subcommittees and the fiscal agencies a report pertaining to
the following information:
(a) The amount, in square footage, of office space paid for
with the appropriation in part 1 for both state-owned and leased
office space, respectively, during the previous fiscal year.
(b) The amount, in square footage, of office space actually
utilized by the department for both state-owned and leased office
space, respectively, during the previous fiscal year.
(c) The amount of office space the department estimates will
be utilized during the current and subsequent fiscal years.
Sec. 220. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended. Within
14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 221. Funds appropriated in this part and part 1 shall not
be used by a principal executive department, state agency, or
authority to hire a person to provide legal services that are the
responsibility of the attorney general. This prohibition does not
apply to legal services for bonding activities and for those
outside services that the attorney general authorizes.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $19,000,000.00 for
federal contingency funds.
(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.
(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.
(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.
(5) Funds appropriated pursuant to this section are not
available for expenditure until they have been transferred to
another line item in part 1 under section 393(2) of the management
and budget act, 1984 PA 431, MCL 18.1393.
Sec. 225. (1) Grants supported with private revenues received
by the department are appropriated upon receipt and are available
for expenditure by the department, subject to subsection (3), for
purposes specified within the grant agreement and as permitted
under state and federal law.
(2) Within 10 days after the receipt of a private grant
appropriated in subsection (1), the department shall notify the
house and senate chairpersons of the subcommittees, the fiscal
agencies, and the state budget director of the receipt of the
grant, including the fund source, purpose, and amount of the grant.
(3) The amount appropriated under subsection (1) shall not
exceed $1,500,000.00.
Sec. 227. (1) The department shall sell documents at a price
not to exceed the cost of production and distribution. Money
received from the sale of these documents shall revert to the
department. In addition to the funds appropriated in part 1, these
funds are available for expenditure when they are received by the
department of treasury. This subsection applies only for the
following documents:
(a) Corporation and securities division documents, reports,
and papers required or permitted by law pursuant to section 1060(5)
of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(c) 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.
(d) Worker's compensation health care services rules.
(e) Construction code manuals.
(f) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds
appropriated for 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
preceding and current fiscal years.
Sec. 235. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2016 are $55,244,600.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$31,352,700.00. Total agency appropriations for retiree health care
legacy costs are estimated at $23,891,800.00.
Sec. 241. (1) The department may charge registration fees to
attendees of informational, training, or special events sponsored
by the department.
(2) These fees shall reflect the costs for the department to
sponsor the informational, training, or special events.
(3) Revenue generated by the registration fees is appropriated
upon receipt and available for expenditure to cover the
department's costs of sponsoring informational, training, or
special events.
(4) Revenue generated by registration fees in excess of the
department's costs of sponsoring informational, training, or
special events shall carry forward to the subsequent fiscal year
and not lapse to the general fund.
(5) Not later than November 15, the department shall submit a
report to the subcommittees, fiscal agencies, and the state budget
office that identifies each of the following in the immediately
preceding fiscal year:
(a) Each informational, training, or special event sponsored
by the department.
(b) The amount of revenue generated by registration fees.
(c) The amount expended for the department's costs of
sponsoring informational, training, or special events.
(d) Any balance carried forward into the subsequent fiscal
year.
(6) The amount appropriated under subsection (3) shall not
exceed $500,000.00.
Sec. 242. The department may make available to interested
entities otherwise unavailable customized listings of
nonconfidential information in its possession, such as names and
addresses of licensees. The department may establish and collect a
reasonable charge to provide this service. The revenue received
from this service shall be used to offset expenses to provide the
service. Any balance of this revenue collected and unexpended at
the end of the fiscal year shall revert to the appropriate
restricted fund.
Sec. 243. The department shall work to establish memoranda of
understanding with other state departments or agencies that
participate in the reinventing performance in Michigan program
supported by appropriations in part 1. Each memorandum shall detail
a mechanism for the department to recover costs related to program
services performed on behalf of the receiving agency. Not later
than March 1, the department shall submit a report to the state
budget office, subcommittees, and fiscal agencies containing the
following information:
(a) The name of each state department or agency participating
in the program.
(b) Whether a memorandum of understanding was established with
each participating state department or agency.
(c) The amount agreed upon in each memorandum of
understanding.
Sec. 245. The department, in conjunction with the department
of health and human services, shall maintain an accounting
structure within the Michigan administrative information network
that will allow expenditures associated with the administration of
the Healthy Michigan plan to be identified. By October 1, the
department shall provide the state budget office and the fiscal
agencies with the relevant accounting structure and associated
business objects script and report that group's administrative
costs.
Sec. 248. (1) No later than March 1, the department shall
submit a report to the subcommittees and fiscal agencies pertaining
to licensing and regulatory programs during the previous fiscal
year for the following agencies:
(a) Public service commission.
(b) Liquor control commission.
(c) Bureau of construction codes.
(d) Corporations, securities, and commercial licensing bureau.
(e) Bureau of health care services.
(f) Michigan occupational safety and health administration.
(2) The report shall be in a format that is consistent between
the agencies listed in subsection (1) and shall provide, but is not
limited to, the following information for each agency in subsection
(1):
(a) Revenue generated by and expenditures disbursed for each
regulatory product.
(b) Number of applications, both initial and renewal, for each
regulatory product.
(c) Number of applications, both initial and renewal, approved
for each regulatory product.
(d) Number of applications, both initial and renewal, denied
for each regulatory product.
(e) Average amount of time, both tolled and untolled, to
approve or deny applications, both initial and renewal, for each
regulatory product.
(f) Number of examinations proctored for initial applications
for each regulatory product, if applicable.
(g) Number of complaints received pertaining to each regulated
activity.
(h) Number of investigations opened pertaining to each
regulated activity.
(i) Number of investigations closed pertaining to each
regulated activity.
(j) Average amount of time to close investigations pertaining
to each regulated activity.
(k) Number of enforcement actions pertaining to each regulated
activity.
(l) Number of administrative hearings pertaining to each
regulated activity.
(m) Number of administrative hearing adjudications pertaining
to each regulated activity.
(n) The type and amount of each fee charged to support each
regulated activity.
(3) In addition to providing agency-level information as
specified in subsection (2), the report shall include a summary
that provides the following information as a sum total for all of
the agencies specified in subsection (1):
(a) Total fee revenue and expenditures.
(b) The numbers of applications, both initial and renewal,
received, approved, and denied for each regulatory product.
(c) Number of complaints received.
(d) Number of investigations opened.
(e) Number of investigations closed.
(f) Number of enforcement actions taken.
(g) Number of administrative hearing adjudications undertaken.
(4) As used in subsection (2), "regulatory products" means
licensure, certification, registration, permitting, approval, or
any other regulatory service provided by the agencies specified in
subsection (1) for occupations, facilities, entities, industries,
or activities regulated by the agencies specified in subsection
(1).
Sec. 252. It is the intent of the legislature that the
department establish an employee performance monitoring process
that is consistent throughout the department in addition to current
civil service commission evaluations. By April 1, the department
shall submit a report to the state budget office, the
subcommittees, and the fiscal agencies on changes to the employee
performance monitoring process that are planned or implemented.
OCCUPATIONAL REGULATION
Sec. 501. Money appropriated under this part and part 1 for
the bureau of fire services shall not be expended unless, in
accordance with section 2c of the fire prevention code, 1941 PA
207, MCL 29.2c, inspection and plan review fees will be charged
according to the following schedule:
Operation and maintenance inspection fee
Facility type Facility size Fee
Hospitals Any $8.00 per bed
Plan review and construction inspection fees for
hospitals and schools
Project cost range Fee
$101,000.00 or less minimum fee of $155.00
$101,001.00 to $1,500,000.00 $1.60 per $1,000.00
$1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
$10,000,001.00 or more $1.10 per $1,000.00
or a maximum fee of $60,000.00.
Sec. 502. The funds collected by the department for licenses,
permits, and other elevator regulation fees set forth in the
Michigan administrative code and as determined under section 8 of
1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL
408.816, that are unexpended at the end of the fiscal year shall
carry forward to the subsequent fiscal year.
Sec. 503. No later than February 15, the department shall
submit a report to the subcommittees, fiscal agencies, and state
budget director 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 during the preceding fiscal
year and a description of how these costs were calculated.
(d) The estimated amount of revenue that will be exempted
under each licensure or regulatory program administered by the
bureau of construction codes and the corporations, securities, and
commercial licensing bureau in both the current and subsequent
fiscal years and a description of how the exempted revenue was
estimated.
Sec. 505. (1) Funds remaining in the homeowner construction
lien recovery fund are appropriated to the department for payment
of court-ordered homeowner construction lien recovery fund
judgments entered prior to August 23, 2010. Pursuant to available
funds, the payment of final judgments shall be made in the order in
which the final judgments were entered and began accruing interest.
(2) Not later than April 1, the department shall submit to the
subcommittees and fiscal agencies a report on the revenues,
expenditures, and balance of the homeowner construction lien
recovery fund as of the end of the previous fiscal year.
Sec. 507. 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.
Sec. 508. If the revenue collected by the department for
health systems administration or radiological health administration
and projects from fees and collections exceeds the amount
appropriated in part 1, the revenue may be carried forward into the
subsequent fiscal year. The revenue carried forward under this
section shall be used as the first source of funds in the
subsequent fiscal year.
Sec. 511. No later than February 1, the department shall
submit a report to the subcommittees, fiscal agencies, and state
budget director providing the following information:
(a) The total amount of reimbursements made to local units of
government for delegated inspections of fireworks retail locations
pursuant to section 11 of the Michigan fireworks safety act, 2011
PA 256, MCL 28.461, from the funds appropriated in part 1 for the
bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of
fireworks retail locations for each local unit of government that
received reimbursement from the funds appropriated in part 1 for
the bureau of fire services during the preceding fiscal year.
Sec. 512. 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.
Sec. 513. (1) Beginning October 1, for the purpose of
defraying the costs associated with responding to false final
inspection appointments and to discourage the practice of calling
for final inspections when the project is incomplete or
noncompliant with a plan of correction previously provided by the
bureau of fire services, the bureau of fire services may assess a
fee not to exceed $200.00 for responding to confirmed false
inspection appointments. Fees collected under this section shall be
deposited into the restricted account referenced by section 2c(2)
of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly
identified within the Michigan administrative information network.
(2) Not later than September 30, the department shall prepare
a report that provides the amount of the fee assessed under
subsection (1), the number of fees assessed and issued per region,
the cost allocation for the work performed and reduced as a result
of this section, and any recommendations for consideration by the
legislature. The department shall submit this information to the
state budget director, the subcommittees, and the fiscal agencies.
Sec. 514. (1) From the funds appropriated in part 1 for the
bureau of children and adult licensing from the interdepartmental
grant from the department of education, the department shall
increase the number of child care licensing consultants and staff.
The purpose of the additional staff is to increase the number of
monitoring visits to applicants for a child care license and those
who are licensed to ensure the health and safety of children in
early learning settings across this state.
(2) By February 1, the department shall submit a report to the
subcommittees, the fiscal agencies, and the senate and house policy
offices detailing the improvements that the bureau of children and
adult licensing has achieved due to the increased number of child
care licensing consultants that were hired using the funds
appropriated in part 1 for the bureau of children and adult
licensing.
EMPLOYMENT SERVICES
Sec. 704. (1) The appropriation in part 1 for the bureau of
services for blind persons includes funds for case services. These
funds may be used for tuition payments for blind clients.
(2) Revenue collected by the bureau of services for blind
persons and from private and local sources that is unexpended at
the end of the fiscal year may carry forward to the subsequent
fiscal year.
Sec. 705. The bureau of services for blind persons shall work
collaboratively with service organizations and government entities
to identify qualified match dollars to maximize use of available
federal vocational rehabilitation funds.
Sec. 706. Not later than January 1, the department shall
submit a report to the subcommittees and fiscal agencies including,
but not limited to, the following information pertaining to the
activities of the youth low-vision program during the preceding
fiscal year:
(a) Number of individuals, classified by age, who received
services or devices.
(b) Description of the services and devices purchased under
the program.
(c) Total payments to each provider of services or devices,
classified by the county in which the provider is located.
(d) Amount by which private health insurance or other public
health programs were utilized to offset the expense of services or
devices.
(e) Amount of expenditures under the program that qualified
for federal matching revenue and the amount of federal matching
revenue received by the department.
Sec. 707. The bureau of services for blind persons may provide
and enter into agreements to provide general services, training,
meetings, information, special equipment, software, facility use,
and technical consulting services to other principal executive
departments, state agencies, local units of government, the
judicial branch of government, other organizations, and patrons of
department facilities. The department may charge fees for these
services that are reasonably related to the cost of providing the
services. In addition to the funds appropriated in part 1, funds
collected by the department for these services are appropriated for
all expenses necessary. The funds appropriated under this section
are allotted for expenditure when they are received by the
department of treasury.
DEPARTMENT GRANTS
Sec. 901. 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.
Sec. 902. (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 as of September 30 of the preceding fiscal year, under
the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to
333.26430. The department shall submit this report to the state
budget director, the subcommittees, and the fiscal agencies.
(2) The department shall expend the funds appropriated in part
1 for medical marihuana operation and oversight grants for grants
to county law enforcement offices for the operation and oversight
of the Michigan medical marihuana program pursuant to section 6(l)
of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
These grants shall be distributed proportionately based on the
number of registry identification cards issued to or renewed for
the residents of each county whose county law enforcement office
applied for a grant under subsection (3). For the purposes of this
subsection, operation and oversight grants are for education,
communication, and enforcement of the Michigan medical marihuana
act, 2008 IL 1, MCL 333.26421 to 333.26430.
(3) No later than December 1, the department shall post a
listing of potential grant money available to each county law
enforcement office on its website. A county law enforcement office
requesting a grant shall apply on a form developed by the
department and available on the website. The form shall contain the
county law enforcement office's specific projected plan for use of
the money and its agreement to maintain all records and to submit
documentation to the department to support the use of the grant
money.
(4) In order to be eligible to receive a grant under
subsection (2), a county law enforcement office shall apply no
later than January 1 and agree to report how the grant was expended
and provide that report to the department no later than September
15. The department shall submit a report no later than October 15
of the subsequent fiscal year to the state budget director, the
subcommittees, and the fiscal agencies detailing the grant amounts
by recipient and the reported uses of the grants in the preceding
fiscal year.
(5) County law enforcement offices may distribute
discretionary grants made under subsection (2) to municipal law
enforcement agencies for the operation and oversight of the
Michigan medical marihuana program pursuant to section 6(l) of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a
county law enforcement office distributes a discretionary grant in
this manner, that county law enforcement office shall require the
receiving municipal law enforcement agency to provide a report on
how that grant was spent. Reports from municipal law enforcement
agencies shall be included as part of the report submitted to the
department as required in subsection (4).
Sec. 903. (1) The amount appropriated in part 1 for
firefighter training grants shall only be expended for payments to
counties to reimburse organized fire departments for firefighter
training and other activities required under the firefighters
training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in part 1 for firefighter
training grants is expended by the firefighter training council,
established in section 3 of the firefighters training council act,
1966 PA 291, MCL 29.363, for payments to counties under section 14
of the firefighters training council act, 1966 PA 291, MCL 29.374,
it is the intent of the legislature that:
(a) The amount appropriated in part 1 for firefighter training
grants shall be disbursed pursuant to section 14(2) of the
firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount disbursed to any county under subsection
(2)(a) is less than $5,000.00, the amounts disbursed to each county
under subsection (2)(a) shall be adjusted to provide for a minimum
payment of $5,000.00 to each county.
(3) No later than February 1, the department shall submit a
financial report to the subcommittees and fiscal agencies
identifying the following information for the preceding fiscal
year:
(a) The amount of the payments that would be made to each
county if the distribution formula described by the first sentence
of section 14(2) of the firefighters training council act, 1966 PA
291, MCL 29.374, would have been utilized to disburse the total
amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighter
training council for disbursement to each county.
(c) The amount of the payments actually expended or encumbered
within each county.
(d) A description of any other payments or expenditures made
under the authority of the firefighter training council.
(e) The amount of payments approved for disbursements to
counties that was not expended or encumbered and lapsed back to the
fireworks safety fund.
(4) It is the intent of the legislature that the amount
appropriated in part 1 for firefighter training grants be adjusted
each fiscal year to reflect lapses from the preceding fiscal year
into the fireworks safety fund created in section 11 of the
Michigan fireworks safety act, 2011 PA 256, MCL 28.461, for the
purpose of ensuring that lapsed grant funds are reallocated in
subsequent fiscal years.
Sec. 904. (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.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
GENERAL SECTIONS
Sec. 1201. Except as otherwise provided in this part, it is
the intent of the legislature to provide appropriations for the
fiscal year ending on September 30, 2017 for the line items listed
in part 1. The fiscal year 2016-2017 appropriations are anticipated
to be the same as those for fiscal year 2015-2016, 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
2016 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,
2017 for the line items listed in part 1.