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

 

This is our starting text

 

 

 

 

 

 

 

 

 

 

 

 

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.