SENATE BILL No. 971
EXECUTIVE BUDGET BILL
February 3, 2000, Introduced by Senators BENNETT, YOUNG, STILLE and JOHNSON and referred to the Committee on Appropriations.
A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2001; 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
Sec. 101. Subject to the conditions set forth in this bill, the amounts listed in this part are appropriated for the department of consumer and industry services for the fiscal year ending September 30, 2001, from the funds identified in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
APPROPRIATIONS SUMMARY:
Full-time equated unclassified positions. 64.5
Full-time equated classified positions 4,154.4
GROSS APPROPRIATION $ 521,735,700
Interdepartmental grant revenues:
Total interdepartmental grants and
intradepartmental transfers 4,143,600
ADJUSTED GROSS APPROPRIATION $ 517,592,100
Federal revenues:
Total federal revenues 231,507,800
Special revenue funds:
Total private revenues 745,900
Total other state restricted revenues 205,993,800
State general fund/general purpose $ 79,344,600
Sec. 102. EXECUTIVE DIRECTION
Full-time equated unclassified positions 64.5
Full-time equated classified positions 94.0
Unclassified salaries $ 5,511,000
Executive director programs--13.0 FTE positions 2,086,500
Policy development--10.0 FTE positions 1,438,200
Utility consumer representation 550,000
Regulatory efficiency improvements/backlog
reduction initiative 750,000
MES board of review program--21.0 FTE positions 1,695,600
Office of legal affairs--41.0 FTE positions 4,221,800
Energy office--9.0 FTE positions 2,555,500
GROSS APPROPRIATION $ 18,808,600
Appropriated from:
Federal revenues:
Federal funds 4,383,700
Special revenue funds:
Bank fees 177,600
Boiler fees 34,600
Construction code fund 305,800
Consumer finance fees 41,500
Corporations and securities fees 275,100
Credit union fees 85,900
Elevator fees 38,600
Fees and collections/asbestos 10,900
Fire service fees 23,800
Health professions regulatory fund 1,901,200
Health systems fees and collections 65,800
Insurance regulatory fees 578,100
Licensing and regulation fees 450,200
Liquor purchase revolving fund 1,219,400
Manufactured housing commission fees 154,600
Michigan state housing development authority
fees and charges 312,900
Motor carrier fees 27,600
Property development fees 4,500
Public utility assessments 1,990,400
Safety education and training fund 198,100
Second injury fund 67,900
Self-insurers security fund 17,900
Silicosis and dust disease fund 26,100
Utility consumer representation fund 550,000
Worker's compensation administrative revolving
fund 60,100
State general fund/general purpose $ 5,806,300
Sec. 103. COUNCIL FOR ARTS AND CULTURAL AFFAIRS
Full-time equated classified positions 9.0
Administration--9.0 FTE positions $ 884,200
Arts and cultural grants 21,548,700
GROSS APPROPRIATION $ 22,432,900
Appropriated from:
Federal revenues:
Federal funds 700,000
State general fund/general purpose $ 21,732,900
Sec. 104. FIRE SAFETY
Full-time equated classified positions 57.0
Office of fire safety--57.0 FTE positions $ 4,865,100
GROSS APPROPRIATION $ 4,865,100
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract 109,200
Federal revenues:
Federal funds 1,298,300
Special revenue funds:
Fire alarm regulation fees 173,200 Fire service fees 1,706,100
State general fund/general purpose $ 1,578,300
Sec. 105. MANAGEMENT SERVICES
Full-time equated classified positions 178.0
Administrative services--84.0 FTE positions $ 5,853,300
Technology support--94.0 FTE positions 13,689,800
Health services information systems 750,000
Insurance automation 750,000
Building occupancy and rent 13,827,300
Workers' compensation 1,055,000
Special project advances 740,000
GROSS APPROPRIATION $ 36,665,400
Appropriated from:
Federal revenues:
Federal funds 1,305,700
Special revenue funds:
Private-special project advances 740,000
Bank fees 355,700
Boiler fee revenue 226,100
Construction code fund 1,161,300
Consumer finance fees 148,400
Corporation and securities fees 2,597,800
Credit union fees 250,300
Elevator fees 265,900
Fees and collections 34,000
Fees and collections/asbestos 83,000
Fire service fees 31,700 Health professions regulatory fund. 4,343,600
Health systems fees and collections 435,000
Insurance regulatory fees 2,438,300
Licensing and regulation fees 2,026,600
Liquor purchase revolving fund 7,918,500
Manufactured housing commission fees 121,500
Michigan state housing development authority
fees and charges 2,560,100
Motor carrier fees 197,900
Property development fees 29,000
Public utility assessments 2,318,100
Safety education and training fund 677,000
Second injury fund 302,800
Self insurers' security fund 78,900
Silicosis and dust disease fund 113,000
Tax tribunal fees 41,000
Worker's compensation administrative revolving
fund 1,330,700
State general fund/general purpose $ 4,533,500
Sec. 106. FINANCIAL SERVICES AND CORPORATIONS
Full-time equated classified positions 379.0
Manufactured housing commission, per diem $50.00 $ 7,800
Manufactured housing and land resources program--15.0
FTE positions 1,496,900
Corporate services--61.0 FTE positions 5,007,800
Investment oversight--29.0 FTE positions 2,605,100
Local manufactured housing communities inspections 250,000
Property development group--13.0 FTE positions 1,415,600
Remonumentation grants 5,000,000
Financial institutions administration--18.0 FTE
positions 1,341,300
Bank regulation-50.0 FTE positions 5,318,400
Credit union regulation--43.0 FTE positions 3,672,900
Financial institution consumer protection--21.0 FTE
positions 1,901,700
Financial institution policy and legislation
--5.0 FTE positions 383,000
Federal regulatory projects 50,600
Insurance bureau--124.0 FTE positions 13,413,100
GROSS APPROPRIATION $ 41,864,200
Appropriated from:
Federal revenues:
Federal funds 50,600
Special revenue funds:
Private-travel funds 5,900
Bank fees 6,294,200
Consumer finance fees 2,162,300
Corporation and securities fees 8,032,900
Credit union fees 4,160,800
Insurance continuing education fees 432,400
Insurance licensing and regulation fees 3,238,100
Insurance regulatory fees 9,604,800
Limited liability partnership revenue 10,000
Manufactured housing commission fees 1,910,600
Multiple employer welfare arrangement 131,900
Property development fees 236,600
Remonumentation fees 5,593,100
State general fund/general purpose $ 0
Sec. 107. PUBLIC SERVICE COMMISSION
Full-time equated classified positions 143.0
Administration, planning and regulation--143.0 FTE
positions $ 15,358,900
GROSS APPROPRIATION $ 15,358,900
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
Federal funds 419,200
Special revenue funds:
Motor carrier fees 1,843,300
Public utility assessments 13,096,400
State general fund/general purpose $ 0
Sec. 108. LIQUOR CONTROL COMMISSION
Full-time equated classified positions 179.0
Management support services--39.0 FTE positions $ 2,859,700
Liquor licensing and enforcement-140.0
FTE positions 10,646,800
Liquor law enforcement grants 6,000,000
Grant to department of agriculture, wine industry
council 457,200
GROSS APPROPRIATION $ 19,963,700
Appropriated from:
Special revenue funds:
Liquor license revenue 10,929,400
Liquor purchase revolving fund 8,577,100
Nonretail liquor license revenue 457,200
State general fund/general purpose $ 0
Sec. 109. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
Full-time equated classified positions 234.0
Payments on behalf of tenants $ 70,000,000
Housing and rental assistance program--227.0 FTE
positions 22,579,600
Automatic data processing-7.0 FTE positions 987,200
Homeless program 5,290,800
GROSS APPROPRIATION $ 98,857,600
Appropriated from:
Federal revenues:
Federal funds 84,242,300
Special revenue funds:
Michigan state housing development authority
fees and charges 14,615,300
State general fund/general purpose $ 0
Sec. 110. TAX TRIBUNAL
Full-time equated classified positions 14.0
Operations--14.0 FTE positions $ 1,633,500
GROSS APPROPRIATION $ 1,633,500
Appropriated from:
Special revenue funds:
Tax tribunal fees 627,400
State general fund/general purpose $ 1,006,100
Sec. 111. GRANTS
Fire protection grants $ 6,675,000
GROSS APPROPRIATION $ 6,675,000
Appropriated from:
Special revenue funds:
Liquor purchase revolving fund 6,675,000
State general fund/general purpose $ 0
Sec. 112. HEALTH REGULATORY SYSTEMS
Full-time equated classified positions 340.0
Health systems administration--181.0
FTE positions $ 16,702,100
Nursing home quality incentive grants 10,000,000
Emergency medical services program state staff--
7.0 FTE positions 886,100
Radiological health administration and projects--
24.0 FTE positions 1,940,100
Substance abuse program administration-4.0 FTE
positions 400,000
Emergency medical services grants and contracts 1,062,100
Health services--124.0 FTE positions 12,982,400
GROSS APPROPRIATION $ 43,972,800
Appropriated from:
Federal revenues:
Federal funds 18,050,100
Special revenue funds:
Controlled substance license fees 1,338,400
Health professions regulatory fund 10,385,200
Health systems fees and collections 3,672,400
Nurse professional fund 450,000
State general fund/general purpose $ 10,076,700
Sec. 113. REGULATORY SERVICES
Full-time equated classified positions 293.0
AFC, children's welfare and day care licensure--293.0
FTE positions $ 24,093,200
GROSS APPROPRIATION $ 24,093,200
Appropriated from:
Federal revenues:
Federal funds 9,548,600
Special revenue funds:
Health systems fees and collections 152,700
Licensing fees 480,400
State general fund/general purpose $ 13,911,500
Sec. 114. OCCUPATIONAL REGULATION
Full-time equated classified positions 239.0
Commissions and boards $ 41,900
Code enforcement--99.0 FTE positions 7,688,600
Code enforcement flexibility 1,155,500
Boiler inspection program--18.0 FTE positions 1,503,100
Elevator inspection program--23.0 FTE positions 1,809,200
Commercial services--99.0 FTE positions 9,020,600
GROSS APPROPRIATION $ 21,218,900
Appropriated from:
Special revenue funds:
Boiler fee revenue 1,646,500
Construction code fund 8,638,200
Elevator fees 1,913,600
Health professions regulatory fund 227,400
Homeowner construction lien recovery fund 1,528,900 Licensing and regulation fees 6,739,800
Real estate appraiser continuing education fund 45,000
Real estate education fund 217,500
State general fund/general purpose $ 262,000
Sec. 115. EMPLOYMENT RELATIONS
Full-time equated classified positions 28.0
Fact finding and arbitration $ 154,300
Employment and labor relations--28.0 FTE positions 2,925,200
GROSS APPROPRIATION $ 3,079,500
Appropriated from:
Federal revenues:
Federal funds 30,000
Special revenue funds:
Publication revenue 10,000
State general fund/general purpose $ 3,039,500
Sec. 116. SAFETY AND REGULATION
Full-time equated classified positions 277.0
Commissions and boards $ 27,700
Employment standards enforcement--38.0 FTE
positions 2,525,800
Subgrantees 1,026,900
Occupational safety and health--239.0 FTE
positions 21,975,800
GROSS APPROPRIATION $ 25,556,200
Appropriated from:
Federal revenues:
Federal revenues 12,202,300
Special revenue funds:
Fees and collections/asbestos 694,200
Safety education and training fund 5,444,800
State general fund/general purpose $ 7,214,900
Sec. 117. WORKER'S DISABILITY COMPENSATION
Full-time equated classified positions 171.4
Administration--119.0 FTE positions $ 8,302,400
Board of magistrates administration--8.0 FTE
positions 1,819,500
Appellate commission administration-11.4 FTE
positions 843,300
Supplemental benefit fund 1,300,000
Insurance funds administration--33.0 FTE positions 10,163,300
Automatic data processing 506,000
Grant to the department of career development -
hire the handicapped program 50,000
GROSS APPROPRIATION $ 22,984,500
Appropriated from:
Special revenue funds:
Second injury fund 6,463,600
Self insurers' security fund 1,723,000
Silicosis and dust disease fund 2,532,700
Worker's compensation administration revolving
fund 2,082,300
State general fund/general purpose $ 10,182,900
Sec. 118. UNEMPLOYMENT AGENCY
Full-time equated classified positions 1,519.0
Worker's compensation $ 765,000
Building occupancy and rent 9,812,800
Unemployment program--1,441.7 FTE positions 94,215,100
Advocacy assistance program--8.0 FTE positions 1,533,300
Special audit and collections program--34.0 FTE
positions 2,144,900
Training program for agency staff--2.1 FTE
positions 2,778,800
Expanded fraud control program--33.2 FTE
positions 2,455,800
GROSS APPROPRIATION $ 113,705,700
Appropriated from:
Interdepartmental grant revenues:
IDG from family independence agency 4,034,400
Federal revenues:
DOL, employment and training administration 515,800
DOL, unemployment insurance 94,635,500
Federal Reed act funds 4,125,700
Special revenue funds:
Contingent fund, penalty and interest account 10,394,300
State general fund/general purpose $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under part 1 for fiscal year 2000-2001 is $285,338,400.00 and state appropriations to be paid to local units of government are as follows:
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
Arts and cultural grants $ 10,000,000
Fire protection grants 6,675,000
Liquor law enforcement 6,000,000
Local manufactured housing inspections 250,000
Remonumentation grants 5,000,000
Subgrantees 200,000
Total consumer and industry services $ 28,125,000 (2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended for any quarter under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.
Sec. 202. The expenditures and funding sources authorized under this bill are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this bill:
(a) "AFC" means adult foster care.
(b) "Department" means the department of consumer and industry services.
(c) "DOL" means the United States department of labor.
(d) "Fiscal agencies" means Michigan house fiscal agency and Michigan senate fiscal agency.
(e) "FTE" means full-time equated.
(f) "IDG" means interdepartmental grant.
(g) "MES" means Michigan employment security.
(h) "OSHA" means the United States department of labor occupational safety and health administration.
Sec. 204. (1) Beginning October 1, a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from one position to another within a department or to positions that are funded with 80% or more federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the 30th of each month to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the reasons to justify the exception.
Sec. 205. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 206. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate subcommittees of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate subcommittees of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies within 30 months.
Sec. 207. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements in this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement. Or it may include placement of reports on the Internet or on the Intranet. The appropriations subcommittee shall be notified in writing of the Internet/Intranet site of any such report.
Sec. 208. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $23,500,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $12,200,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $180,800.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
Sec. 301. The appropriation in part 1 for fire protection grants from the liquor purchase revolving fund 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. 302. The funds collected by the financial institutions bureau in connection with a conservatorship pursuant to section 32 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, shall be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.
Sec. 303. The funds collected by the department from corporations being liquidated pursuant to the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.
Sec. 304. The department may make available to interested entities otherwise unavailable customized listings of nonconfidential information in its possession, such as names and addresses of licensees, and charge for this information as follows: base fee for 1 to 1,000 records at the cost to the department; 1,001 to 10,000 records at 2.5 cents per record; and 10,001 or more records at .5 cents per record. The revenue received from this service may be used to offset expenses of programs as appropriated in part 1. The balance of this revenue collected and unexpended at the end of the fiscal year shall revert to the appropriate restricted revenue account or fund or, in absence of such an account or fund, to the general fund. The department shall submit an annual report on or before June 1, 2001 to the regulatory subcommittees of the house and senate appropriations committees that states the amount of revenue received from the sale of information.
Sec. 305. The appropriation in part 1 may be used for per diem payments to the members of commissions or boards for a full day of committee work at which a quorum is present or for performing official business as authorized by each respective commission or board within the department of consumer and industry services. The per diem payments shall be $50.00 per day for all commissions and boards.
Sec. 306. (1) The Michigan council for arts and cultural affairs in the department shall administer the arts and cultural grants appropriated in part 1. The council shall provide for fair and independent decisions on arts and cultural grant requests based upon published criteria to evaluate program quality. This criteria shall include a prohibition of art projects that include displays of human wastes on religious symbols, displays of sex acts, and depictions of flag desecration. The council shall seek to award grants on an equitable geographic basis to the extent possible given the quality of grant applications received. Priority shall be given to projects that serve multiple counties and that leverage significant additional public and private investment. Counties, cities, villages, townships, community foundations, and organizations may apply for the following categories of grants:
(a) State arts anchor organizations that serve a statewide or regional audience.
(b) Arts education programs, also known as the arts and learning programs.
(c) Local arts programs.
(d) Arts organization development programs. These programs are designed to encourage self-sufficiency in organizations. Grant awards under this program are limited to 4 grant periods.
(e) Historical organizations and projects.
(f) Zoos.
(g) Publicly owned facilities, excluding stadiums used primarily for professional sports events.
(h) Cultural and community organizations and projects.
(i) Art institutions.
(j) Symphony orchestras.
(k) Multicounty regional arts regranting and programming councils.
(l) Music education camps.
(m) Capital outlay projects.
(2) Applications for arts and cultural grants shall be received by the department, Michigan council for arts and cultural affairs, not later than June 1, 2001.
(3) The appropriation for arts and cultural grants in part 1 and disbursed under this section shall, at a minimum, be matched on an equal dollar-for-dollar basis from local and private contributions paid and received by each awardee receiving grants under this section. The dollar-for-dollar match may include the reasonable value of services, materials, and equipment as allowed under the federal internal revenue code for charitable contributions subject also to the preapproval of such a match by the Michigan council for arts and cultural affairs. The council shall receive proof of the entire amount of the matching funds, services, materials, or equipment by the end of the award period. The council shall submit a report to the regulatory subcommittees of the house and senate appropriations committees regarding those counties, cities, villages, townships, community foundations, and organizations failing to meet their matching requirements by the end of the award period.
(4) Before any amount appropriated for arts and cultural grants in part 1 may be expended for a grant to eligible applicants for the purposes in this section, the department shall execute a grant agreement with each grantee. The grant agreement shall specify the criteria included in this section with which the application complies. The grant agreement shall include a list of the projects funded and the amount of funds each subgrantee, if applicable, will receive for those projects. A contract shall not be executed and dollars shall not be disbursed until 2 weeks after the regulatory subcommittees of the house and senate appropriations committees have received a copy of the proposed contract.
(5) By November 1, 2000, the department shall report to the regulatory subcommittees of the house and senate appropriations committees on how the council intends to implement the provisions of this section, including the process for evaluating organization quality and efforts to achieve an equitable geographic distribution of grants.
(6) By not later than one month after the grant application deadline, the department shall provide a list of all grant applications, by county, to the regulatory subcommittees of the house and senate appropriations committees. The department shall, at least 30 days before the award of any grant, provide the regulatory subcommittees of the house and senate appropriations committees a list of all proposed grant awardees.
(7) Counties, cities, villages, townships, community foundations, and organizations receiving funds under this section shall provide the following reports to the Michigan council for arts and cultural affairs and to the regulatory subcommittees of the house and senate appropriations committees:
(a) A final report covering the grant period and due within 30 days after the end of the grant period indicating at least the following:
(i) Revenues and expenditures, indicating whether revenues are from private donations or fees.
(ii) Number of employees.
(iii) Number of new hires.
(b) For awardees receiving grants greater than $100,000.00, a copy of the awardee's annual report and audit report for the fiscal year in which the majority of the grant took place due within 90 days after the end of the awardee's fiscal year. The audit report shall include an audit of grant funds. A representative sampling of grant agreements shall be audited by the state auditor general. The audit report shall be submitted to the regulatory subcommittees of the house and senate appropriations committees for review. These awardees shall also submit the information in subdivision (a) on a quarterly basis for the immediately preceding quarter due on January 7, 2001, April 7, 2001, July 7, 2001, and October 7, 2001.
(8) The recipients of grant funds under this section shall be announced by the department by September 15, 2001.
(9) A grant awarded under this section and the matching funds which conferred eligibility for the grant award shall be used by the recipient of the grant award and shall not be redistributed by that recipient to any other entity unless specifically provided for in the grant agreement between the funded grant awardee and the Michigan council for arts and cultural affairs.
(10) The applicants for arts and cultural grant funds shall be charged a nonrefundable application fee of $100.00 or 1% of the grant, whichever is less. The application fee may be used by the department to recover direct and indirect costs as appropriated in part 1.
(11) From the funds appropriated in part 1 for arts and cultural grants, organizations receiving grants within the state arts anchor organization category for either the fiscal year ending September 30, 2000 or the fiscal year ending September 30, 2001 shall not receive a combined grant award from this and any other Michigan council for arts and cultural affairs grant categories, with the exception of the partnership program, in excess of 19.8% of the organization's operating revenue. For the purposes of this subsection, "operating revenue" shall be defined in the same manner as it was defined during the fiscal year 1999 state arts anchor organization application process. It is the intent of the legislature that the Michigan council for arts and cultural affairs take appropriate steps to ensure that all organizations receiving state arts anchor organization grants have combined grant awards, as defined above, of no more than 15.0% of operating revenue for the fiscal year ending September 30, 2005 and beyond.
Sec. 307. The department may receive and expend contributions from public, private, and federal sources, except state agencies, for the purpose of acquiring or constructing art objects or promoting or preserving the arts in or on state properties. Expenditures of any funds received shall be consistent with the purposes of the Faxon-McNamee art in public places act, 1980 PA 105, MCL 18.71 to 18.81. Any funds received under this section are considered a work project account and may be carried forward into the succeeding fiscal year.
Sec. 308. The Michigan state housing development authority shall annually present a report to the regulatory subcommittees of the house and senate appropriations committees on the status of the authority's housing production goals under all financing programs established or administered by the authority. The report shall give special attention to efforts to raise affordable multifamily housing production goals.
Sec. 309. The department shall assess and collect fees in the licensing and regulation of child care organizations as defined in 1973 PA 116, MCL 722.111 to 722.128, and adult foster care facilities as defined in the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737. Fees collected by the department shall not exceed the deducts in part 1 and shall be used exclusively for the purpose of licensing and regulating child care organizations and adult foster care facilities.
Sec. 310. The appropriation in part 1 for the department, bureau of safety and regulation, safety education and training division, includes funding for on-site consultation and education and training programs. The appropriation in part 1 anticipates that 90% of the on-site consultation program costs and 50% of the education and training program costs will be supported by federal OSHA funds and the remaining 10% and 50% respectively will be supported by safety education and training funds. If federal OSHA funding does not become available to cover up to 90% of the program costs for on-site consultation and 50% for education and training, up to 50% of the program costs for on-site consultation and 90% of the program costs for education and training may be paid from the safety education and training fund as a match for available federal funds.
Sec. 311. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in R408.8151 of 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. The department shall submit a report on an annual basis to the regulatory subcommittees of the house and senate appropriations committees on the amount of funds available under this section.
Sec. 312. If the revenue collected by the department for occupational safety and health, 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. 313. Money appropriated under this bill for fire safety programs 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 $125.00
$101,001.00 to $1,500,000.00 $1.24 per $1,000.00
$1,500,001.00 to $10,000,000 $0.90 per $1,000.00
$10,000,001.00 or more $0.70 per $1,000.00
or a maximum fee of $50,000.00.
Sec. 314. The department shall furnish the clerk of the house, the secretary of the senate, and the members of the house and senate appropriations committees with any evaluation reports and subsequent approvals or disapprovals of juvenile residential facilities operated by the family independence agency, as required by 1973 PA 116, MCL 722.116. If no evaluations are conducted during the fiscal year, the department shall notify the subcommittees and the fiscal agencies.
Sec. 315. (1) From the amount appropriated in part 1 to health systems administration, the department shall provide funding for not less than 113 inspectors to annually survey and investigate the care and services delivered in nursing homes, county medical care facilities, and hospital long-term care units in accordance with provisions in the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, and federal Medicare and Medicaid certification standards.
(2) The department, in keeping with the severity of the allegations, shall investigate complaints alleging poor care and services occurring on nights or weekends in nursing homes, county medical care facilities, and hospital long-term care units by conducting on-site investigations on nights or weekends.
Sec. 316. If the revenue collected by the department from licensing and regulation fees 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. 317. Funds earned or authorized by the United States department of labor in excess of the gross appropriation in part 1 for the Michigan unemployment agency from the United States department of labor are appropriated and may be expended for staffing and related expenses incurred in the operation of its programs. These funds may be spent after the department notifies the regulatory subcommittees of the house and senate appropriations committees of the purpose and amount of each grant award.
Sec. 318. 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. The funds are available for expenditure when they are received by the department of treasury and may only be used for costs directly related to the continued updating and distribution of the documents pursuant to this section. This section applies only for the following documents:
(a) Corporation and securities division documents, reports, and papers required or permitted by law pursuant to section 1060(5) of the business corporation act, 1972 PA 284, MCL 450.2060.
(b) The subdivision control manual, the state boundary commission operations manual, and other local government assistance manuals.
(c) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, with amendments.
(d) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2349; the business corporation act, 1972 PA284, MCL 450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act, 1964 PA 265, MCL 451.501 to 451.818.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Minimum design standards for health care facilities.
Sec. 319. The department shall report to the appropriations subcommittees and the fiscal agencies on March 1, 2001 and September 1, 2001 on the initial and follow-up surveys conducted on all nursing homes in this state. The report shall include all of the following information:
(a) The number of surveys conducted.
(b) The number requiring follow-up surveys.
(c) The number referred to the Michigan public health institute for remediation.
(d) The number of citations per home.
(e) The number of night and weekend complaints filed.
(f) The number of night and weekend responses to complaints conducted by the department.
(g) The average length of time for the department to respond to a complaint filed against a nursing home.
Sec. 320. The department, bureau of safety and regulation, shall provide an annual report by February 1 of each year to the appropriate house and senate appropriations subcommittees and the fiscal agencies on the number of individuals killed and the number of individuals injured on the job within industries regulated by the bureau during the preceding calendar year.
Sec. 321. The department shall report by November 1, 2000 to the legislature and the fiscal agencies the status of the nursing home complaint investigation backlog and any suggested revisions to current statute or promulgated rules that will assist in improving the effectiveness of the nursing home survey and complaint investigation process.
Sec. 322. As a condition for receiving the general fund/general purpose appropriations in part 1 for health systems administration, the department shall provide assistance to any person making an oral request for a nursing home investigation in putting his or her request into writing, shall initiate investigations on all written nursing home complaints filed with the department within 15 days of receipt of the complaint, and shall provide a written response to the complainant within 30 days of receipt of the written complaint.
Sec. 323. Of the funds appropriated in part 1 for insurance bureau administration, the insurance bureau may utilize up to $15,000.00 in insurance regulatory and licensing fee revenue to pay for legislators designated by the senate majority leader and speaker of the house of representatives to participate in insurance activities coordinated by insurance and legislative associations including the national association of insurance commissioners and the national council of insurance legislators in accordance with section 225 of the insurance code of 1956, 1956 PA 218, MCL 500.225. The insurance commissioner shall maintain a list of the names of and amounts provided to individual legislators pursuant to this section.
Sec. 324. It is the intent of the legislature that the unemployment agency, during its transition to the remote initial claims system, operate a sufficient number of unemployment agency offices, including itinerant or satellite offices, within Michigan's Upper Peninsula to ensure that the citizens of the Upper Peninsula can access these offices without excessive travel.
Sec. 325. The department shall provide for the updating of all relevant files and lists maintained by the Michigan child care clearinghouse. The department shall provide a report to the appropriate house and senate appropriations subcommittees on the costs involved with complying with this section by September 30, 2001.
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