SENATE BILL No. 1110

February 13, 2002, Introduced by Senators and referred to the Committee on Appropriations.

EXECUTIVE BUDGET BILL

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, 2003; 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, 2003, 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 3,943.9

GROSS APPROPRIATION $ 570,138,100

Interdepartmental grant revenues:

Total interdepartmental grants and

intradepartmental transfers 111,100

ADJUSTED GROSS APPROPRIATION $ 570,027,000

Federal revenues:

Total federal revenues 242,311,500

Special revenue funds:

Total private revenues 740,000

Total other state restricted revenues 288,987,600

State general fund/general purpose $ 37,987,900

Sec. 102. EXECUTIVE DIRECTION

Full-time equated unclassified positions 64.5

Full-time equated classified positions 90.0

Unclassified salaries $ 5,712,600

Energy office--10.0 FTE positions 2,655,600 Executive director programs--11.0 FTE positions 1,766,900

Policy development--13.0 FTE positions 1,649,800

Utility consumer representation 550,000

Regulatory efficiency improvements/backlog

reduction initiative 750,000

MES board of review program--21.0 FTE positions 1,773,900

Bureau of hearings--35.0 FTE positions 3,556,200

GROSS APPROPRIATION $ 18,415,000

Appropriated from:

Federal revenues:

DOE-OEERE, multiple grants 2,179,100

DOL-ETA, unemployment insurance 2,325,300 DOL, multiple grants for safety and health 160,300

Special revenue funds:

Bank fees 139,500

Boiler fees 33,500

Construction code fund 442,000

Consumer finance fees 49,700

Corporation fees 1,950,500

Credit union fees 96,600

Elevator fees 37,400

Fees and collections/asbestos 11,100

Health professions regulatory fund 1,297,800

Health systems fees and collections 69,300

Insurance regulatory fees 559,300

Licensing and regulation fees 682,800

Liquor license fees 100,000

Liquor purchase revolving fund 1,526,700

Manufactured housing commission fees 144,300

Michigan state housing development authority

fees and charges 428,000

Motor carrier fees 37,000

Oil overcharge 30,000

Public utility assessments 1,212,000

Safety, education and training fund 241,200

Second injury fund 80,900

Securities fees 1,816,800

Self-insurers security fund 20,400

Silicosis and dust disease fund 30,000

Tax tribunal fees 1,100

Utility consumer representation fund 550,000

Workers' compensation administrative revolving

fund 89,400

State general fund/general purpose $ 2,073,000

Sec. 103. INFORMATION TECHNOLOGY

Information technology services and projects $ 26,117,800

GROSS APPROPRIATION $ 26,117,800

Appropriated from:

Federal revenues:

DOL-ETA, unemployment insurance 10,360,300

DOL-multiple grants for safety and health 38,000

Federal funds 56,500

Special revenue funds:

Bank fees 223,800

Boiler fees 94,300

Construction code fund 724,600

Consumer finance fees 85,800

Contingent fund, penalty and interest account 122,800

Corporation fees 1,535,200

Credit union fees 157,900

Elevator fees 89,800

Fees and collections/asbestos 17,500

Health professions regulatory fund 484,800

Health systems fees and collections 244,500

Insurance regulatory fees 471,700

Licensing and regulation fees 916,500

Liquor purchase revolving fund 4,270,300

Manufactured housing commission fees 47,500

Michigan state housing development authority

fees and charges 1,182,400

Motor carrier fees 164,700

Public utility assessments 1,092,200

Safety education and training fund 178,200

Second injury fund 215,300

Securities fees 1,337,200

Self-insurers security fund 76,800

Silicosis and dust disease fund 99,600

Workers' compensation administrative revolving

fund 859,300

State general fund/general purpose $ 970,300

Sec. 104. FIRE SAFETY

Full-time equated classified positions 60.0

Office of fire safety--60.0 FTE positions $ 4,808,300

GROSS APPROPRIATION $ 4,808,300

Appropriated from:

Interdepartmental grant revenues:

IDG from department of community health, inspection

contract 111,100

Federal revenues:

Federal funds 872,300

Special revenue funds:

Fire alarm regulation fees 91,600 Fire service fees 2,134,800

State general fund/general purpose $ 1,598,500

Sec. 105. MANAGEMENT SERVICES

Full-time equated classified positions 89.0

Administrative services--89.0 FTE positions $ 6,233,800

Building occupancy charges - property

development services 9,117,300

Rent 7,061,400 Special project advances 740,000

Workers' compensation 1,148,000

GROSS APPROPRIATION $ 24,300,500

Appropriated from:

Federal revenues:

DOL-ETA, unemployment insurance 387,600

DOL-multiple grants for safety and health 640,400

Federal funds 469,700

HHS, federal funds 57,000

Special revenue funds:

Private-special project advances 740,000

Bank fees 450,000

Boiler fee revenue 198,200

Construction code fund 1,031,800

Consumer finance fees 166,300

Corporation fees 2,316,800

Credit union fees 332,100

Elevator fees 209,100

Fees and collections/asbestos 61,500

Fire service fees 62,000

Health professions regulatory fund. 1,185,500

Health systems fees and collections 356,700

Insurance regulatory fees 786,900

Licensing and regulation fees 726,800

Licensing fees 7,700

Liquor purchase revolving fund 4,085,900

Manufactured housing commission fees 264,700

Michigan state housing development authority

fees and charges 3,536,500

Motor carrier fees 174,300

Public utility assessments 1,400,200

Safety education and training fund 475,500

Second injury fund 185,900

Securities fees 1,470,600

Self insurers' security fund 50,800

Silicosis and dust disease fund 75,000

Tax tribunal fees 33,800

Workers' compensation administrative revolving

fund 710,600

State general fund/general purpose $ 1,650,600

Sec. 106. FINANCIAL AND INSURANCE SERVICES

Full-time equated classified positions 279.0

Administration--14.0 FTE positions $ 2,583,300

Policy conduct and consumer assistance--120.0

FTE positions 12,158,900

Financial evaluation--145.0 FTE positions 16,892,100

GROSS APPROPRIATION $ 31,634,300

Appropriated from:

Federal revenues:

Federal regulatory project revenue 50,400

Special revenue funds:

Bank fees 6,151,000

Consumer finance fees 3,102,000

Credit union fees 4,303,100

Insurance continuing education fees 700,900

Insurance licensing and regulation fees 3,112,000

Insurance regulatory fees 11,523,100

Multiple employer welfare arrangement 65,700

Securities fees 2,626,100

State general fund/general purpose $ 0

Sec. 107. PUBLIC SERVICE COMMISSION

Full-time equated classified positions 148.0

Administration, planning and regulation--148.0 FTE

positions $ 16,691,900

Low-income/energy efficiency assistance 60,000,000

GROSS APPROPRIATION $ 76,691,900

Appropriated from:

Interdepartmental grant revenues:

Federal revenues:

DOE-OEERE, multiple grants 149,000

DOT-RSPA, gas pipeline safety 287,000

Special revenue funds:

Low-income and energy efficiency fund 60,000,000

Motor carrier fees 1,856,600

Public utility assessments 14,399,300

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 $ 2,709,300

Liquor licensing and enforcement--140.0

FTE positions 10,985,700

Liquor law enforcement grants 6,000,000

Grant to department of agriculture for wine industry

council 457,200

GROSS APPROPRIATION $ 20,152,200

Appropriated from:

Special revenue funds:

Liquor license revenue 11,086,200

Liquor purchase revolving fund 8,608,800

Nonretail liquor license revenue 457,200

State general fund/general purpose $ 0

Sec. 109. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY

Full-time equated classified positions 226.0

Payments on behalf of tenants $ 78,000,000

Housing and rental assistance program--226.0 FTE

positions 23,345,900

Homeless program 5,290,800

GROSS APPROPRIATION $ 106,637,700

Appropriated from:

Federal revenues:

HUD, lower income housing assistance program 92,574,900

Special revenue funds:

Michigan state housing development authority

fees and charges 14,061,800

State general fund/general purpose $ 0

Sec. 110. TAX TRIBUNAL

Full-time equated classified positions 13.0

Operations--13.0 FTE positions $ 1,353,200

GROSS APPROPRIATION $ 1,353,200

Appropriated from:

Special revenue funds:

Tax tribunal fees 641,600

State general fund/general purpose $ 711,600

Sec. 111. GRANTS

Fire protection grants $ 7,421,000

GROSS APPROPRIATION $ 7,421,000

Appropriated from:

Special revenue funds:

Liquor purchase revolving fund 7,421,000

State general fund/general purpose $ 0

Sec. 112. HEALTH REGULATORY SYSTEMS

Full-time equated classified positions 339.0

Health systems administration--179.0

FTE positions $ 17,253,300

Emergency medical services program state staff--

7.0 FTE positions 904,700

Radiological health administration and projects--

24.0 FTE positions 2,025,800

Substance abuse program administration--4.0 FTE

positions 409,600

Emergency medical services grants and contracts 1,062,100

Health services--125.0 FTE positions 13,919,900

GROSS APPROPRIATION $ 35,575,400

Appropriated from:

Total federal revenues:

Federal funds 13,001,100

Special revenue funds:

Pain management education and controlled

substances, electronic monitoring and

anti-diversion fund 1,362,300

Health professions regulatory fund 10,988,700

Health systems fees and collections 3,870,100

Nurse professional fund 698,100

State general fund/general purpose $ 5,655,100

Sec. 113. REGULATORY SERVICES

Full-time equated classified positions 306.0

AFC, children's welfare and day care

licensure--306.0 FTE positions $ 26,034,700

GROSS APPROPRIATION $ 26,034,700

Appropriated from:

Federal revenues:

HHS, federal funds 10,664,800

Special revenue funds:

Health systems fees and collections 94,200

Licensing fees 490,500

State general fund/general purpose $ 14,785,200

Sec. 114. OCCUPATIONAL REGULATION

Full-time equated classified positions 339.0

Commissions and boards $ 49,700

Code enforcement--98.0 FTE positions 7,902,000

Code enforcement flexibility 1,141,900

Boiler inspection program--24.0 FTE positions 2,201,800

Elevator inspection program--26.0 FTE positions 2,287,000

Commercial services--153.0 FTE positions 13,544,800

Local manufactured housing communities

inspections 250,000 Manufactured housing and land resources

program--26.0 FTE positions 2,635,000 Property development group--12.0 FTE positions 1,338,700

Remonumentation grants 6,000,000

GROSS APPROPRIATION $ 37,350,900

Appropriated from:

Special revenue funds:

Boiler fee revenue 2,350,600

Construction code fund 9,433,500

Corporation fees 4,837,100

Elevator fees 2,396,400

Homeowner construction lien recovery fund 1,532,800 Licensing and regulation fees 7,394,500

Limited liability partnership revenue 10,000

Manufactured housing commission fees 2,276,900

Property development fees 241,300

Remonumentation fees 6,605,300

Real estate appraiser continuing education fund 45,000

Real estate education fund 217,500

State general fund/general purpose $ 10,000

Sec. 115. EMPLOYMENT RELATIONS

Full-time equated classified positions 28.0

Fact finding and arbitration $ 144,300

Employment and labor relations--28.0 FTE

positions 2,944,000

GROSS APPROPRIATION $ 3,088,300

Appropriated from:

Federal revenues:

EEOC, federal funds 10,000

Special revenue funds:

State general fund/general purpose $ 3,078,300

Sec. 116. SAFETY AND REGULATION

Full-time equated classified positions 278.0

Commissions and boards $ 21,400

Employment standards enforcement--38.0 FTE

positions 2,621,900

Subgrantees 1,226,900

Occupational safety and health--240.0 FTE

positions 21,357,500

GROSS APPROPRIATION $ 25,227,700

Appropriated from:

Federal revenues:

DOL, multiple grants for safety and health 10,377,200

Special revenue funds:

Fees and collections/asbestos 704,300

Safety education and training fund 6,690,900

State general fund/general purpose $ 7,455,300

Sec. 117. BUREAU OF WORKERS' AND UNEMPLOYMENT

COMPENSATION

Full-time equated classified positions 1,569.9

Administration--117.0 FTE positions $ 8,433,200

Workers' compensation 589,000

Rent 5,915,100

Building occupancy charges - property

development service 4,245,500

Advocacy assistance program--8.0 FTE positions 1,500,000

Appellate commission administration--11.4 FTE

positions 889,900

Board of magistrates administration--8.0 FTE

positions 1,916,900

Expanded fraud control program--33.2 FTE

positions 2,566,200

Grant to the department of career development -

hire the handicapped program 50,000

Insurance funds administration--32.0 FTE positions 5,500,800

Special audit and collections program--34.0 FTE

positions 2,245,900

Supplemental benefit fund 1,300,000

Training program for agency staff--2.1 FTE

positions 1,756,400

Unemployment programs--1,324.2 FTE positions 88,421,300

GROSS APPROPRIATION $ 125,330,200

Appropriated from:

Federal revenues:

DOL, employment and training 529,200

DOL-ETA, unemployment insurance 92,887,900

Federal Reed act funds 4,233,500

Special revenue funds:

Corporation fees 312,500

Contingent fund, penalty and interest account 19,388,400

Second injury fund 3,321,500

Securities fees 312,500

Self-insurers security fund 886,500

Silicosis and dust disease fund 1,342,800

Workers' compensation administrative revolving

fund 2,115,400

State general fund/general purpose $ 0

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

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 2002-2003 is $326,975,500.00 and state spending from state resources to be paid to local units of government for fiscal year 2002-2003 is $19,921,000.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

Fire protection grants $ 7,421,000

Liquor law enforcement 6,000,000

Local manufactured housing inspections 250,000

Remonumentation grants 6,000,000

Subgrantees 250,000

Total department of consumer and industry

services $ 19,921,000 Sec. 202. The appropriations 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) "DOE" means the United States department of energy.

(d) "DOE-OEERE" means the DOE office of energy efficiency and renewable energy.

(e) "DOL" means the United States department of labor.

(f) "DOL-ETA" means the DOL employment and training administration.

(g) "DOT" means the United States department of transportation.

(h) "DOT-RSPA" means the DOT research and special programs administration.

(i) "EEOC" means the equal employment opportunity commission.

(j) "Fiscal agencies" means Michigan house fiscal agency and Michigan senate fiscal agency.

(k) "FTE" means full-time equated.

(l) "HHS" means the United States department of health and human services.

(m) "HUD" means the United States department of housing and urban development.

(n) "IDG" means interdepartmental grant.

(o) "MES" means Michigan employment security.

Sec. 204. 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.

Section 205. (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.

(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, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or would necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous quarter and the reasons to justify the exception.

Sec. 206. (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 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $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 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $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 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $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 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 208. Unless otherwise specified, the department shall use the Internet to fulfill the reporting requirements of this bill. 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 an Internet or Intranet site.

Sec. 259. From the funds appropriated in part 1 for information technology, the department shall pay user fees to the department of information technology for technology related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the department and the department of information technology.

Sec. 260. Amounts appropriated in part 1 for information technology may be designated as work projects and carried forward to support technology projects under the direction of the department of information technology. Funds designated in this manner are not available for expenditure until approved as work projects under section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.

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 office of financial and insurance services 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.

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. The per diem payments shall be $50.00 per day.

Sec. 308. The Michigan state housing development authority shall annually present a report to the state budget office and the subcommittees 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 be used exclusively for the purpose of licensing and regulating child care organizations and adult foster care facilities.

Sec. 311. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in R 408.8151 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.

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 $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. 314. The department shall furnish the clerk of the house, the secretary of the senate, the state budget office, and all members of the house and senate appropriations committees with a summary of 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 fiscal agencies and all members of the appropriate subcommittees of the house and senate appropriation committees.

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 bureau of workers' and unemployment compensation 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 state budget office and the subcommittees 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 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 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, 1964 PA 265, MCL 451.501 to 451.818.

(e) Labor law books.

(f) Workers' compensation health care services rules.

(g) Minimum design standards for health care facilities.

(h) Construction code manuals.

(i) Copies of transcripts from administrative law hearings.

Sec. 319. The department shall report to the state budget office, the fiscal agencies, and the subcommittees on April 30, 2003 and October 31, 2003 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.

(h) The number and percentage of citations appealed.

(i) The number and percentage of citations overturned and/or modified.

Sec. 320. The department, bureau of safety and regulation, shall provide an annual report by February 1 of each year to the state budget office, the fiscal agencies, and the subcommittees 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, 2002 to the state budget office, the legislature, and the fiscal agencies the status of the nursing home complaint investigation backlog.

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. 324. The department shall continue to work with grantees supported through the appropriation in part 1 for emergency medical services grants and contracts to ensure that a sufficient number of qualified emergency medical services personnel exist to rural areas of the state.

Sec. 327. (1) The department in consultation with nursing home provider groups, the department of community health, the state long-term care ombudsman, and the federal health care finance administration shall continue to work to clarify the following terms as those terms are used in title XVIII and title XIX and applied by the department to provide more consistent regulation of nursing homes in Michigan:

(a) Immediate jeopardy.

(b) Harm.

(c) Potential harm.

(d) Avoidable.

(e) Unavoidable.

(2) The department shall semiannually provide for joint training with nursing home surveyors and providers on at least 1 of the 10 most frequently issued federal citations in this state during the past calendar year. The department shall provide a mechanism to measure the effect of the training and shall report to the legislature and the state budget office on the effect of the training by January 15, 2003.

Sec. 330. (1) The department shall post on the Internet the executive summary of the latest inspection for each licensed nursing home.

(2) The department shall work toward posting inspection summaries for licensed day care centers on the Internet.

Sec. 338. Nursing facilities shall report in the quarterly staff report to the department, the total patient care hours provided each month, by state licensure and certification classification, and the percentage of pool staff, by state licensure and certification classification, used each month during the preceding quarter. The department shall make available to the public, the quarterly staff report compiled for all facilities including the total patient care hours and the percentage of pool staff used, by classification.