FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 793, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
Recommends:
First: That the House recede from the Substitute of the House as passed by the House.
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
(attached)
Third: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
_______________________ ________________________
Marty Knollenberg Chris Afendoulis
_______________________ ________________________
Jim Marleau Michael D. McCready
_______________________ ________________________
Coleman Young II Pam Faris
Conferees for the Senate Conferees for the House
SUBSTITUTE FOR
SENATE BILL NO. 793
A bill to make appropriations for the department of licensing
and regulatory affairs for the fiscal year ending September 30,
2017; and to provide for the expenditure of the appropriations.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of
licensing and regulatory affairs for the fiscal year ending
September 30, 2017, from the following funds:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions........ 2,170.3
GROSS APPROPRIATION.................................... $ 421,062,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 46,923,800
ADJUSTED GROSS APPROPRIATION........................... $ 374,138,600
Federal revenues:
Total federal revenues................................. 63,818,100
Special revenue funds:
Total local revenues................................... 251,600
Total private revenues................................. 111,800
Total other state restricted revenues.................. 266,236,000
State general fund/general purpose .................... 43,721,100
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose................................... 40,321,100
One-time state general fund/general
purpose.................................... 3,400,000
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 108.0
Unclassified salaries--57.5 FTE positions.............. $ 4,861,800
Executive director programs--24.0 FTE positions........ 3,239,700
Financial and administrative services--77.0 FTE
positions............................................ 8,634,300
Office for new Americans--4.0 FTE positions............ 465,600
FOIA coordination--2.0 FTE positions................... 308,200
Local community stabilization authority--1.0 FTE
position............................................. 151,600
Property management.................................... 11,852,400
Information technology services and projects........... 21,424,300
Worker's compensation.................................. 465,300
GROSS APPROPRIATION.................................... $ 51,403,200
Appropriated from:
Interdepartmental grant revenues:
IDG-DIFS, accounting services.......................... 150,000
IDG-TED unemployment hearings.......................... 568,900
Federal revenues:
DED-vocational rehabilitation and independent living... 2,121,500
DOE-heating oil and propane............................ 25,000
DOL-occupational safety and health..................... 1,001,100
EPA-underground storage tanks.......................... 128,800
HHS-Medicaid, certification of health care providers
and suppliers........................................ 724,600
HHS-Medicare, certification of health care providers
and suppliers........................................ 1,190,400
Special revenue funds:
Local stabilization authority contract................. 151,600
Aboveground storage tank fees.......................... 146,500
Accountancy enforcement fund........................... 67,100
Asbestos abatement fund................................ 182,400
Boiler inspection fund................................. 643,400
Builder enforcement fund............................... 99,500
Construction code fund................................. 1,676,600
Corporation fees....................................... 8,713,000
Elevator fees.......................................... 697,400
Fire alarm fees........................................ 5,400
Fire safety standard and enforcement fund.............. 1,100
Fire service fees...................................... 778,300
Fireworks safety fund.................................. 94,100
Health professions regulatory fund..................... 2,736,000
Health systems fees.................................... 454,700
Licensing and regulation fund.......................... 3,122,900
Liquor license revenue................................. 300,000
Liquor purchase revolving fund......................... 7,187,800
Michigan medical marihuana fund........................ 934,500
Michigan unarmed combat fund........................... 12,700
Mobile home code fund.................................. 616,100
Nurse professional fund................................ 37,700
PMECSEMA fund.......................................... 221,600
Private occupational school license fees............... 165,700
Property development fees.............................. 6,100
Public utility assessments............................. 4,088,100
Radiological health fees............................... 304,200
Real estate appraiser education fund................... 6,300
Real estate education fund............................. 15,200
Real estate enforcement fund........................... 10,100
Restructuring mechanism assessments.................... 51,000
Retired engineers technical assistance program fund.... 7,000
Safety education and training fund..................... 1,442,300
Second injury fund..................................... 407,300
Securities fees........................................ 4,723,700
Securities investor education and training fund........ 14,500
Security business fund................................. 3,200
Self-insurers security fund............................ 263,500
Silicosis and dust disease fund........................ 182,200
Survey and remonumentation fund........................ 142,200
Tax tribunal fund...................................... 1,656,900
Underground storage tank fees.......................... 356,600
Utility consumer representation fund................... 54,000
Worker's compensation administrative revolving fund.... 101,900
State general fund/general purpose..................... $ 2,610,500
Sec. 103. ENERGY AND UTILITY PROGRAMS
Full-time equated classified positions.......... 187.0
Michigan agency for energy--55.0 FTE positions......... $ 12,516,000
Public service commission--132.0 FTE positions......... 22,395,500
GROSS APPROPRIATION.................................... $ 34,911,500
Appropriated from:
Federal revenues:
DOE-heating oil and propane............................ 3,775,000
DOT-gas pipeline safety................................ 1,445,500
EPA-pollution prevention............................... 84,000
Special revenue funds:
Public utility assessments............................. 27,773,600
Restructuring mechanism assessments.................... 607,200
Retired engineers technical assistance program fund.... 669,600
State general fund/general purpose..................... $ 556,600
Sec. 104. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 143.0
Management support services--28.0 FTE positions........ $ 4,419,800
Liquor licensing and enforcement--115.0 FTE positions.. 15,320,100
GROSS APPROPRIATION.................................... $ 19,739,900
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 126,800
Liquor license fee enhancement fund.................... 76,400
Liquor license revenue................................. 7,416,100
Liquor purchase revolving fund......................... 12,120,600
State general fund/general purpose..................... $ 0
Sec. 105. OCCUPATIONAL REGULATION
Full-time equated classified positions........ 1,031.9
Bureau of fire services--78.0 FTE positions............ $ 11,143,500
Bureau of construction codes--176.0 FTE positions...... 22,081,800
Corporations, securities, and commercial licensing
bureau--118.0 FTE positions.......................... 15,528,300
Bureau of community and health systems--429.9 FTE
positions............................................ 61,112,000
Medical marihuana program--20.0 FTE positions.......... 4,253,300
Bureau of professional licensing--210.0 FTE positions.. 40,182,300
GROSS APPROPRIATION.................................... $ 154,301,200
Appropriated from:
Interdepartmental grant revenues:
IDG-MDE, child care licensing.......................... 16,626,500
Federal revenues:
DHS-fire training systems.............................. 28,000
DOT-hazardous materials training and planning.......... 60,000
EPA-underground storage tanks.......................... 800,000
HHS-Medicaid, certification of health care providers
and suppliers........................................ 9,191,700
HHS-Medicare, certification of health care providers
and suppliers........................................ 12,352,500
Special revenue funds:
Aboveground storage tank fees.......................... 455,900
Accountancy enforcement fund........................... 408,300
Boiler inspection fund................................. 3,819,200
Builder enforcement fund............................... 484,300
Construction code fund................................. 7,743,900
Corporation fees....................................... 7,014,000
Distance education fund................................ 300,000
Elevator fees.......................................... 4,858,300
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,500,200
Fireworks safety fund.................................. 696,200
Health professions regulatory fund..................... 23,805,900
Health systems fees.................................... 3,702,100
Licensing and regulation fund.......................... 11,540,800
Liquor purchase revolving fund......................... 143,200
Michigan medical marihuana fund........................ 4,253,300
Michigan unarmed combat fund........................... 145,000
Mobile home code fund.................................. 3,017,100
Nurse professional fund................................ 1,963,800
Nursing home administrative penalties.................. 202,300
PMECSEMA fund.......................................... 1,847,700
Private occupational school license fees............... 706,300
Property development fees.............................. 318,100
Real estate appraiser education fund................... 64,000
Real estate education fund............................. 343,900
Real estate enforcement fund........................... 704,400
Securities fees........................................ 4,982,800
Securities investor education and training fund........ 501,200
Security business fund................................. 340,100
Survey and remonumentation fund........................ 850,100
Underground storage tank fees.......................... 2,561,100
State general fund/general purpose..................... $ 24,803,600
Sec. 106. EMPLOYMENT SERVICES
Full-time equated classified positions.......... 464.4
Workers' compensation agency--56.0 FTE positions....... $ 7,832,200
First responder presumed coverage fund payments........ 3,000,000
Insurance funds administration--23.0 FTE positions..... 5,240,200
Compensation supplement fund........................... 1,820,000
Bureau of services for blind persons--113.0 FTE
positions............................................ 24,639,400
Bureau of employment relations--22.0 FTE positions..... 4,198,900
Michigan occupational safety and health
administration--197.0 FTE positions.................. 29,052,100
Radiation safety section--21.4 FTE positions........... 3,231,800
Wage and hour program--32.0 FTE positions.............. 3,728,100
GROSS APPROPRIATION.................................... $ 82,742,700
Appropriated from:
Federal revenues:
DED-vocational rehabilitation and independent living... 18,437,600
DOL-occupational safety and health..................... 11,785,200
HHS-mammography quality standards...................... 513,300
Special revenue funds:
Local revenues - blind services........................ 100,000
Private revenues - blind services...................... 111,800
Asbestos abatement fund................................ 1,027,500
Corporation fees....................................... 9,432,400
Michigan business enterprise program fund.............. 400,000
Radiological health fees............................... 2,718,500
Safety education and training fund..................... 9,728,600
Second injury fund..................................... 2,589,400
Securities fees........................................ 8,634,900
Self-insurers security fund............................ 1,562,500
Silicosis and dust disease fund........................ 1,088,300
Worker's compensation administrative revolving fund.... 1,652,900
State restricted revenues.............................. 3,000,000
State general fund/general purpose..................... $ 9,959,800
Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 233.0
Michigan administrative hearing system--215.0 FTE
positions............................................ $ 37,948,700
Michigan compensation appellate commission--18.0 FTE
positions............................................ 4,606,100
GROSS APPROPRIATION.................................... $ 42,554,800
Appropriated from:
Interdepartmental grant revenues:
IDG-TED unemployment hearings.......................... 4,268,500
IDG revenues - administrative hearings and rules....... 25,309,900
Federal revenues:
Federal revenues - administrative hearings and rules... 153,900
Special revenue funds:
Corporation fees....................................... 202,700
State restricted revenue - administrative hearings
and rules............................................ 11,793,400
Worker's compensation administrative revolving fund.... 134,900
State general fund/general purpose..................... $ 691,500
Sec. 108. ETHNIC COMMISSIONS
Full-time equated classified positions............ 3.0
Hispanic/Latino commission of Michigan--1.0 FTE
position............................................. $ 261,000
Asian Pacific American affairs commission--1.0 FTE
position............................................. 112,400
Commission on Middle Eastern American affairs--1.0
FTE position......................................... 100,000
GROSS APPROPRIATION.................................... $ 473,400
Appropriated from:
Special revenue funds:
State general fund/general purpose..................... $ 473,400
Sec. 109. DEPARTMENT GRANTS
Fire protection grants................................. $ 9,273,900
Firefighter training grants............................ 2,000,000
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 fund................... 750,000
GROSS APPROPRIATION.................................... $ 29,975,700
Appropriated from:
Special revenue funds:
Fire protection fund................................... 8,500,000
Fireworks safety fund.................................. 2,000,000
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
Sec. 110. ONE-TIME BASIS ONLY
Fire protection grants enhancement - one-time.......... $ 3,400,000
Liquor control commission IT upgrades.................. 1,560,000
GROSS APPROPRIATION.................................... $ 4,960,000
Appropriated from:
Special revenue funds:
Liquor purchase revolving fund......................... 1,560,000
State general fund/general purpose..................... $ 3,400,000
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2016-2017
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 2016-2017 is $309,957,100.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2016-2017 is $32,625,700.00. 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............................ 2,000,000
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
Fire protection grants enhancement one-time............ 3,400,000
Total department of licensing and regulatory
affairs.............................................. $ 32,625,700
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) "IT" means information technology.
(q) "MDE" means the Michigan department of education.
(r) "PMECSEMA" means pain management education and controlled
substances electronic monitoring and antidiversion.
(s) "Subcommittees" means the subcommittees of the house and
senate appropriations committees with jurisdiction over the budget
for the department.
(t) "TED" means the Michigan department of talent and economic
development.
Sec. 204. The departments and agencies receiving
appropriations in this part and 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. 205. Funds appropriated in this part and 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. 206. 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. 207. (1) Out-of-state travel shall be limited to
situations in which 1 or more of the following conditions apply:
(a) The travel is required by legal mandate or court order or
for law enforcement purposes.
(b) The travel is necessary to protect the health or safety of
Michigan citizens or visitors or to assist other states in similar
circumstances.
(c) The travel is necessary to produce budgetary savings or to
increase state revenues, including protecting existing federal
funds or securing additional federal funds.
(d) The travel is necessary to comply with federal
requirements.
(e) The travel is necessary to secure specialized training for
staff that is not available within this state.
(f) The travel is financed entirely by federal or nonstate
funds.
(2) The department shall not approve the travel of more than 1
departmental employee to a specific professional development
conference or training seminar that is located outside of this
state unless a professional development conference or training
seminar is funded by a federal or private funding source and
requires more than 1 person from a department to attend, or the
conference or training seminar includes multiple issues in which 1
employee from the department does not have expertise.
(3) Not later than January 1, each department shall prepare a
travel report listing 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 committees, the fiscal agencies, and the
state budget director. The report shall include all of the
following information:
(a) The name of each person receiving reimbursement for travel
outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel
occurrence.
(e) The 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.
(f) A total of all out-of-state travel funded for the
immediately preceding fiscal year.
Sec. 208. 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. 209. 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. 210. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $10,000,000.00 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 $1,000,000.00 for local
contingency funds.
(4) In addition to the funds appropriated in part 1, there is
appropriated an amount not to exceed $500,000.00 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. 211. 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. 212. 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 subcommittees chairs, and the 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. 213. 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. 214. Total authorized appropriations from all sources
under part 1 for legacy costs for the fiscal year ending September
30, 2017 are $53,627,900.00. From this amount, total agency
appropriations for pension-related legacy costs are estimated at
$29,735,200.00. Total agency appropriations for retiree health care
legacy costs are estimated at $23,892,700.00.
Sec. 215. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 216. 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. 217. The department and agencies receiving appropriations
in this part and part 1 shall receive and retain copies of all
reports funded from appropriations in this part and 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. 218. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 219. The department shall not develop or produce any
television or radio productions.
Sec. 220. 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, if there
are changes from the previous fiscal year, 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. 221. 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. 222. (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. 223. (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) The amount appropriated under subsection (3) shall not
exceed $500,000.00.
Sec. 224. 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 is appropriated when received and 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 lapse to the appropriate restricted fund.
Sec. 225. (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 125.2350; 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. 226. (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 fire services.
(d) Bureau of construction codes.
(e) Corporations, securities, and commercial licensing bureau.
(f) Bureau of professional licensing.
(g) Bureau of community and health systems.
(h) 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, as applicable, 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.
(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) As used in subsection (2), "regulatory product" means
licensure, certification, registration, inspection, review,
permitting, approval, or any other regulatory service provided by
the agencies specified in subsection (1) for each regulated
activity. As used in this subsection and subsection (2), "regulated
activity" means the particular activities, entities, facilities,
and industries regulated by the agencies specified in subsection
(1).
Sec. 227. 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.
ENERGY AND UTILITY PROGRAMS
Sec. 301. (1) From the funds appropriated in part 1, the
Michigan agency for energy and the Michigan public service
commission shall explore policies relating to carbon dioxide
capture from industrial sources and the use and sequestration of
captured carbon dioxide in enhanced oil recovery that improve our
regulatory structure to create an environment that fosters job
growth and the utilization of all available energy sources,
including, but not limited to, natural gas, petroleum, and crude
oil.
(2) By April 1, the Michigan agency for energy shall report to
the subcommittees, fiscal agencies, and house and senate standing
committees covering energy issues its findings from the exploration
under subsection (1).
LIQUOR CONTROL COMMISSION
Sec. 401. The liquor control commission shall utilize funds
appropriated from the liquor purchase revolving fund to invest in
technology upgrades in an effort to mitigate delays for issuing
licenses under section 503 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1503. It is the intent of the legislature
that the commission utilize free software to mitigate these delays,
if such a product is available.
Sec. 402. The liquor control commission shall expend the funds
as required under section 203(10) of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1203, to investigate and audit
unlawful direct shipments of wine by unlicensed wineries and
retailers. The liquor control commission shall provide a report to
the legislature and the subcommittees detailing the commission's
activities to investigate and audit the illegal shipping of wine
and the results of these activities. The report shall also include
the estimated loss of sales, excise, and use tax revenue for the
state of Michigan as a result of illegal shipments of wine. The
report shall be submitted by February 1.
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 31
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 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.
(l) 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.
(m) 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. 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. 515. (1) The department shall assess and collect fees in
the licensing and regulation of child care organizations, as
described in 1973 PA 116, MCL 722.111 to 722.128, and adult foster
care facilities, as described in the adult foster care facility
licensing act, 1979 PA 218, MCL 400.701 to 400.737.
(2) The department shall report the total amount of fees
assessed and collected under subsection (1) during the preceding
fiscal year to the fiscal agencies no later than December 1 and
shall provide information requested by the fiscal agencies as they
consider necessary to shift authorization equivalent to that amount
from the general fund/general purpose to a state restricted fund
within the department's budget for fiscal year 2017-2018.
Sec. 516. (1) It is the intent of the legislature that the
department establish a consistent method of performing and tracking
inspections of wood products manufacturing facilities.
(2) By February 1, the department shall submit a report to the
subcommittees and fiscal agencies pertaining to recently conducted
inspections that shall contain all of the following regarding wood
products manufacturing facilities:
(a) The number of on-site MIOSHA inspections conducted during
the prior fiscal year.
(b) The list of all inspections conducted, including the name
and location of each business.
(c) The summary of the results of each inspection, including
any citations issued.
(d) The number of the fatalities in the prior calendar year.
(e) The number of occupational injuries and illnesses related
to wood products manufacturing in the prior 2 calendar years.
(f) The injury and illness rate for the industry as a whole
during the prior 2 calendar years.
(g) The percentage of MIOSHA inspection cases that had
citations from the prior fiscal year.
(h) The average number of citations per MIOSHA inspection in
the prior fiscal year.
(i) The average penalty per MIOSHA inspection for inspections
with penalties during the prior fiscal year.
Sec. 517. (1) Not later than March 1, the department shall
submit a report to the house and senate appropriations committees
that includes the following:
(a) Items listed in section 519(3).
(b) The number of administrative actions against licensees for
overprescribing, including the specialty certification and practice
location of each prescriber.
(c) The number of administrative actions against licensees for
overdispensing, including the dispensing location of each
dispenser.
(d) The number of administrative actions taken against
licensees for drug diversion.
(e) The number of prescribers who were notified as potentially
overprescribing.
(f) A description of a plan the department will formulate with
DHHS to notify at-risk patients that their prescriber has had his
or her license suspended and to have available references for
treatment.
(2) The department shall provide information on how a
prescriber may obtain the most recent federal guidelines for
prescribing opioids for chronic pain by the next renewal date for
the license issued by the department.
Sec. 518. From the amount appropriated in part 1 for the
bureau of community and health systems, upon receipt of the order
of suspension of a licensed adult foster care home, home for the
aged, or nursing home, the department shall serve the facility and
provide contemporaneous notice to the offices of legislators
representing a district where the licensed facility is situated.
Sec. 519. (1) From the funds appropriated in part 1 for the
Michigan automated prescription system upgrades, the department
shall provide improved efficiencies and functionality of the system
for dispensers and prescribers as well as improved reporting
capabilities to support safer prescribing practices.
(2) In addition to improved reporting capabilities, the
department, as permissible by law, will consider releasing
statistical and analytical information for statistical, research,
or education purposes so long as it does not include or identify
patient protected information.
(3) The department shall identify and report by November 30 of
the subsequent fiscal year to the house and senate appropriations
committees specific outcomes and performance metrics for this
initiative, including, but not limited to, the following:
(a) Prescribers registered to the Michigan automated
prescription system.
(b) Dispensers registered to the Michigan automated
prescription system.
(c) Use of the Michigan automated prescription system by
prescribers.
(d) Use of the Michigan automated prescription system by
dispensers.
(e) Number of cases related to overprescribing,
overdispensing, and drug diversion where the department took
administrative action as a result of information and data generated
from the Michigan automated prescription system.
(f) The number of integrations from the electronic health
record systems used by prescribers and dispensers with the Michigan
automated prescription system.
(g) Recommendations including, but not limited to, both of the
following:
(i) Benefits of having direct integration from the electronic
health record systems used by the prescribers and dispensers to the
Michigan automated prescription system.
(ii) Cost estimate and funding required for this state to fund
the implementation of the integration from the prescribers and
dispensers electronic health record systems to the Michigan
automated prescription system.
EMPLOYMENT SERVICES
Sec. 701. The amount appropriated in part 1 for the first
responder presumed coverage fund shall be deposited into the first
responder presumed coverage fund created under section 405 of the
worker's disability compensation act of 1969, 1969 PA 317, MCL
418.405, and is appropriated for the purpose of paying authorized
claims and the costs of administering the fund pursuant to section
405 of the worker's disability compensation act of 1969, 1969 PA
317, MCL 418.405.
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. 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) 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
(2). 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.
(2) No later than December 1, the department shall post a
listing of potential grant money available to each county law
enforcement agency on its website. In addition, the department
shall work collaboratively with county law enforcement agencies,
the Michigan Sheriff's Association, and other representative law
enforcement organizations regarding the availability of these grant
funds. A county law enforcement agency requesting a grant shall
apply on a form developed by the department and available on the
website. The form shall contain the county law enforcement agency's
specific projected plan for use of the money and its agreement to
maintain all records and to submit documentation to the department
to support the use of the grant money.
(3) In order to be eligible to receive a grant under
subsection (1), a county law enforcement agency 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.
(4) County law enforcement agencies may distribute
discretionary grants made under subsection (1) 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 agency distributes a discretionary grant in
this manner, that county law enforcement agency 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 (3).
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 allocated pursuant to section 14(2) of the
firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount allocated to any county under subdivision
(a) is less than $5,000.00, the amounts disbursed to each county
under subdivision (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 allocate the total
amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighter
training council for allocation 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 allocations to
counties that was not expended or encumbered and lapsed back to the
fireworks safety fund.
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.
ONE-TIME BASIS APPROPRIATIONS
Sec. 1001. (1) From the funds appropriated in part 1 for the
liquor control commission IT upgrades, the department shall
maintain customer service standards for authorized distributor
agents, licensees, and vendors.
(2) The department shall identify specific outcomes and
performance metrics for this initiative, including, but not limited
to, the following:
(a) System availability to licensees.
(b) System order errors.