SUBSTITUTE FOR
SENATE BILL NO. 175
A bill to make appropriations for the department of licensing
and regulatory affairs and certain other state purposes for the
fiscal year ending September 30, 2012; to provide for the
expenditure of those appropriations; to provide anticipated
appropriations for the fiscal year ending September 30, 2013; to
provide for the imposition of certain fees; to provide for the
disposition of fees and other income received by the state
agencies; to provide for reports to certain persons; and to
prescribe powers and duties of certain state departments and
certain state and local agencies and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
Sec. 101. The amounts listed in this part are appropriated for
the department of licensing and regulatory affairs, subject to the
conditions set forth in this act, for the fiscal year ending
September 30, 2012, from the funds identified in this part. The
following is a summary of the appropriations in this part:
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
APPROPRIATION SUMMARY
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions........ 4,320.8
GROSS APPROPRIATION.................................... $ 811,570,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,373,500
ADJUSTED GROSS APPROPRIATION........................... $ 798,196,900
Federal revenues:
Total federal revenues................................. 365,728,300
Special revenue funds:
Total local revenues................................... 7,859,900
Total private revenues................................. 4,727,800
Total other state restricted revenues.................. 388,808,100
State general fund/general purpose..................... $ 31,072,800
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 129.0
Unclassified salaries--57.5 FTE positions.............. $ 4,531,900
Executive director programs--33.0 FTE positions........ 5,083,200
Property management.................................... 11,768,400
Rent................................................... 12,032,200
Worker's compensation.................................. 758,400
Special project advances............................... 200,000
Administrative services--96.0 FTE positions............ 9,925,800
GROSS APPROPRIATION.................................... $ 44,299,900
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOE-OEERE, multiple grants............................. 3,000
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 4,163,400
DOL-ETA, unemployment insurance........................ 11,774,000
DOL, federal funds..................................... 30,800
DOL, multiple grants for safety and health............. 767,000
Federal revenues....................................... 437,100
Title XVIII Medicare................................... 300,100
Title XIX Medicaid..................................... 21,000
Title XIX Medicaid, facility certification fees........ 193,900
Special revenue funds:
Private - special project advances..................... 200,000
Local revenues......................................... 130,900
Bank fees.............................................. 356,300
Boiler fee revenue..................................... 244,400
Construction code fund................................. 1,127,200
Consumer finance fees.................................. 74,900
Contingent fund, penalty and interest account.......... 39,200
Corporation fees....................................... 4,168,800
Credit union fees...................................... 366,100
Deferred presentment service transaction fees.......... 24,900
Elevator fees.......................................... 251,500
Fees and collections/asbestos.......................... 100,000
Fire service fees...................................... 755,400
Health professions regulatory fund..................... 1,559,400
Health systems fees.................................... 404,000
Insurance licensing and regulation fees................ 1,738,500
Insurance bureau fund.................................. 514,100
Licensing and regulation fees.......................... 1,005,700
Liquor purchase revolving fund......................... 4,791,100
MBLSLA fund............................................ 84,800
Mobile home code fund.................................. 252,600
Motor carrier fees..................................... 203,600
Private occupational school license fees............... 14,000
Public utility assessments............................. 2,310,400
Radiological health fees............................... 90,000
Safety education and training fund..................... 719,800
Second injury fund..................................... 249,900
Securities fees........................................ 2,441,000
Self-insurers security fund............................ 89,500
Silicosis and dust disease fund........................ 111,100
Tax tribunal fund...................................... 181,400
Video franchise assessments............................ 4,000
Workers' compensation administrative revolving fund.... 100,000
State general fund/general purpose..................... $ 1,905,100
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 377.0
Administration--35.0 FTE positions..................... $ 7,392,600
Financial evaluation--232.0 FTE positions.............. 34,613,400
Regulatory compliance and consumer assistance--110.0
FTE positions........................................ 18,465,500
GROSS APPROPRIATION.................................... $ 60,471,500
Appropriated from:
Federal revenues:
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 8,236,900
Captive insurance regulatory and supervision fund...... 256,800
Consumer finance fees.................................. 4,362,800
Credit union fees...................................... 6,382,400
Deferred presentment service transaction fees.......... 2,705,800
Insurance bureau fund.................................. 20,584,400
Insurance continuing education fees.................... 1,023,600
Insurance licensing and regulation fees................ 4,800,400
MBLSLA fund............................................ 4,300,600
Multiple employer welfare arrangement.................. 72,600
Securities fees........................................ 4,745,200
Securities investor education and training fund........ 1,000,000
State general fund/general purpose..................... $ 0
Sec. 104. PUBLIC SERVICE COMMISSION AND ENERGY
SYSTEMS
Full-time equated classified positions.......... 195.0
Public service commission--190.0 FTE positions......... $ 27,158,500
METRO authority--5.0 FTE positions..................... 355,900
GROSS APPROPRIATION.................................... $ 27,514,400
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 9,000
DOT, gas pipeline safety............................... 677,800
Special revenue funds:
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 2,094,700
Public utility assessments............................. 23,620,300
Restructuring mechanism assessments.................... 440,000
Video franchise assessments............................ 400,000
State general fund/general purpose..................... $ 0
Sec. 105. LIQUOR CONTROL COMMISSION
Full-time equated classified positions.......... 152.0
Management support services--28.0 FTE positions........ $ 3,812,200
Liquor licensing and enforcement--124.0 FTE positions.. 13,801,300
GROSS APPROPRIATION.................................... $ 17,613,500
Appropriated from:
Special revenue funds:
Direct shipper enforcement revolving fund.............. 120,000
Liquor license revenue................................. 7,136,200
Liquor purchase revolving fund......................... 10,357,300
State general fund/general purpose..................... $ 0
Sec. 106. OCCUPATIONAL REGULATION
Full-time equated classified positions.......... 835.3
Boiler inspection program--25.0 FTE positions.......... $ 2,931,000
Bureau of fire services--57.0 FTE positions............ 5,603,700
Code enforcement--120.0 FTE positions.................. 14,022,200
Commercial services--175.0 FTE positions............... 19,812,600
Elevator inspection program--30.0 FTE positions........ 3,162,400
Bureau of health professions--160.0 FTE positions...... 26,945,900
Bureau of health systems--199.6 FTE positions.......... 21,630,100
Health policy and regulation--8.8 FTE positions........ 2,646,500
Radiological health administration--21.4 FTE positions. 3,179,700
Background check program--5.5 FTE positions............ 2,545,900
Manufactured housing and land resources
program--22.0 FTE positions.......................... 2,733,700
Property development group--11.0 FTE positions......... 1,707,600
GROSS APPROPRIATION.................................... $ 106,921,300
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 100,000
IDG from department of human services, background
checks............................................... 1,000,000
Federal revenues:
Clinical lab improvement............................... 360,000
CMS transformation grant............................... 3,000,000
DOT.................................................... 60,000
FEMA................................................... 28,000
Mammography quality standards.......................... 710,400
Prescription drug monitoring........................... 100,000
Title XVIII Medicare................................... 9,287,900
Title XIX Medicaid..................................... 950,800
Title XIX Medicaid, facility certification fees........ 6,217,500
Special revenue funds:
Private - civil monetary penalties..................... 200,000
Accountancy enforcement fund........................... 420,000
Boiler fee revenue..................................... 3,363,600
Builder enforcement fund............................... 427,000
Construction code fund................................. 13,186,600
Corporation fees....................................... 6,342,700
Elevator fees.......................................... 3,565,400
Fire alarm fees........................................ 114,000
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 1,953,300
Health professions regulatory fund..................... 22,972,000
Health systems fees.................................... 1,417,200
Licensing and regulation fees.......................... 11,302,800
Liquor purchase revolving fund......................... 2,636,500
Mobile home code fund.................................. 2,733,700
Nurse professional fund................................ 1,744,200
Pain management fees................................... 1,728,600
Private occupational school license fees............... 832,200
Property development fees.............................. 298,900
Radiological health fees............................... 2,469,300
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 320,300
Real estate enforcement fund........................... 364,600
Survey and remonumentation fund........................ 776,700
Security business fund................................. 321,100
Unarmed combat fund.................................... 66,900
State general fund/general purpose..................... $ 5,462,100
Sec. 107. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 229.0
Occupational safety and health--229.0 FTE positions.... $ 28,561,900
GROSS APPROPRIATION.................................... $ 28,561,900
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 13,365,600
Special revenue funds:
Corporation fees....................................... 3,780,300
Fees and collections/asbestos.......................... 919,900
Safety education and training fund..................... 8,477,300
Securities fees........................................ 2,018,800
State general fund/general purpose..................... $ 0
Sec. 108. EMPLOYMENT SERVICES
Full-time equated classified positions........ 2,171.1
Worker's compensation administration--96.6 FTE
positions............................................ $ 8,918,200
Wage and hour division--33.0 FTE positions............. 3,136,700
Insurance funds administration--28.0 FTE positions..... 4,982,700
Supplemental benefit fund.............................. 820,000
Unemployment programs--1,302.7 FTE positions........... 136,315,200
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,091,200
Training program for agency staff--2.1 FTE positions... 1,827,700
Expanded fraud control program--33.2 FTE positions..... 3,561,300
Commission for the blind--107.0 FTE positions.......... 26,728,500
Michigan rehabilitation services--513.5 FTE positions.. 71,720,500
Employment and labor relations--21.0 FTE positions..... 3,745,000
GROSS APPROPRIATION.................................... $ 266,347,000
Appropriated from:
Federal revenues:
DED-OPSE, multiple grants.............................. 1,222,900
DED-OSERS, centers for independent living.............. 58,200
DED-OSERS, rehabilitation long-term training........... 316,900
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 56,417,700
DED-OSERS, state grants for technical related
assistance........................................... 65,300
DOL, employment and training administration............ 1,219,100
DOL-ETA, unemployment insurance........................ 142,576,300
Federal revenues....................................... 20,265,900
HHS-SSA, supplemental security income.................. 3,783,000
Special revenue funds:
Private - gifts, bequests, and donations............... 816,000
Private revenues....................................... 111,800
Local revenues......................................... 529,000
Corporation fees....................................... 2,862,400
Contingent fund, regular penalty and interest.......... 1,500,000
Michigan commission for the blind business
enterprise program fund.............................. 553,600
Rehabilitation service fees............................ 1,352,300
Second injury fund..................................... 2,733,800
Securities fees........................................ 5,267,800
Self-insurers security fund............................ 1,268,400
Silicosis and dust disease fund........................ 1,032,000
Special fraud control fund............................. 1,000,000
Workers' compensation administrative revolving fund.... 2,755,600
State general fund/general purpose..................... $ 18,639,000
Sec. 109. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 232.4
Michigan administrative hearing system--205.4 FTE
positions............................................ $ 30,230,300
Office of regulatory reinvention--2.0 FTE positions.... 350,000
Michigan compensation appellate commission--25.0 FTE
positions............................................ 3,033,600
GROSS APPROPRIATION.................................... $ 33,613,900
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings.......................... 12,273,500
Federal revenues:
DOL-ETA, unemployment insurance........................ 2,882,100
Federal revenue - administrative hearings and rules.... 7,596,900
Special revenue funds:
Construction code fund................................. 29,000
Corporation fees....................................... 1,121,500
Fire service fees...................................... 29,000
Insurance bureau fund.................................. 29,000
Insurance licensing and regulation fees................ 29,000
Licensing and regulation fees.......................... 29,000
Liquor license revenue................................. 29,000
Motor carrier fees..................................... 29,000
Public utility assessments............................. 29,000
Safety education and training fund..................... 29,000
Securities fees........................................ 1,125,200
State restricted revenue - administrative hearings
and rules............................................ 4,963,000
Tax tribunal fund...................................... 3,149,000
Workers' compensation administrative revolving fund.... 180,500
State general fund/general purpose..................... $ 61,200
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 43,132,900
Liquor control commission IT upgrades.................. 100
GROSS APPROPRIATION.................................... $ 43,133,000
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 21,797,800
DOL, multiple grants for safety and health............. 273,700
Federal revenues....................................... 3,365,300
Special revenue funds:
Bank fees.............................................. 219,500
Boiler fee revenue..................................... 280,500
Construction code fund................................. 1,076,700
Consumer finance fees.................................. 95,100
Corporation fees....................................... 4,833,400
Credit union fees...................................... 192,100
Deferred presentment service transaction fees.......... 85,700
Elevator fees.......................................... 271,300
Fees and collections/asbestos.......................... 11,000
Fire service fees...................................... 503,500
Health professions regulatory fund..................... 873,900
Health systems fees.................................... 186,400
Insurance continuing education fees.................... 11,700
Insurance bureau fund.................................. 545,500
Insurance licensing and regulation fees................ 315,000
Licensing and regulation fees.......................... 1,430,900
Liquor purchase revolving fund......................... 2,771,000
MBLSLA fund............................................ 104,100
Mobile home code fund.................................. 152,800
Motor carrier fees..................................... 148,900
Pain management fees................................... 160,000
Public utility assessments............................. 1,166,600
Radiological health fees............................... 140,000
Safety education and training fund..................... 624,700
Second injury fund..................................... 143,600
Securities fees........................................ 944,100
Self-insurers security fund............................ 71,500
Silicosis and dust disease fund........................ 61,500
Tax tribunal fund...................................... 210,000
State general fund/general purpose..................... $ 65,200
Sec. 111. DEPARTMENT GRANTS
Personal assistance services........................... $ 459,500
Vocational rehabilitation customer support............. 56,908,400
Independent living..................................... 4,908,600
Fire protection grants................................. 9,273,900
Low-income energy efficiency assistance................ 95,000,000
Liquor law enforcement grants.......................... 6,600,000
Remonumentation grants................................. 5,300,000
Private grant programs................................. 3,000,000
Subregional libraries state aid........................ 451,800
Utility consumer representation........................ 950,000
Youth low-vision program............................... 241,800
GROSS APPROPRIATION.................................... $ 183,094,000
Appropriated from:
Federal revenues:
DED-OSERS, centers for independent living.............. 450,200
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 37,056,700
DED-OSERS, rehabilitation services facilities.......... 2,272,500
DED-OSERS, supported employment........................ 1,541,300
DED-OSERS, state grants for technical related
assistance........................................... 2,240,800
HHS-SSA, supplemental security income.................. 5,868,400
Special revenue funds:
Private - gifts, bequests, and donations............... 400,000
Private revenues....................................... 3,000,000
Local vocational rehabilitation match.................. 7,000,000
Local vocational rehabilitation facilities match....... 200,000
Contingent fund, penalty and interest account.......... 1,000,000
Low-income energy efficiency fund...................... 95,000,000
Fire protection fund................................... 8,500,000
Liquor purchase revolving fund......................... 773,900
Liquor license revenue................................. 6,600,000
Survey and remonumentation fund........................ 5,300,000
Utility consumer representation fund................... 950,000
State general fund/general purpose..................... $ 4,940,200
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2011-2012
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 2011-2012 is $419,880,900.00 and state
spending from state resources to be paid to local units of
government for fiscal year 2011-2012 is $22,988,700.00. 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
Liquor law enforcement................................. 6,600,000
Remonumentation grants................................. 5,300,000
Firefighters training council.......................... 1,363,000
Subregional libraries state aid........................ 451,800
Total department of licensing and regulatory
affairs.............................................. $ 22,988,700
Sec. 202. The appropriations authorized under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
Sec. 203. As used in this act:
(a) "DED" means the United States department of education.
(b) "DED-OPSE" means the DED office of postsecondary
education.
(c) "DED-OSERS" means the DED office of special education
rehabilitation services.
(d) "Department" means the department of licensing and
regulatory affairs.
(e) "Director" means the director of the department.
(f) "DOE-OEERE" means the United States department of energy,
office of energy efficiency and renewable energy.
(g) "DOL" means the United States department of labor.
(h) "DOL-ETA" means the DOL employment and training
administration.
(i) "DOT" means the United States department of
transportation.
(j) "FEMA" means federal emergency management agency.
(k) "Fire safety standard and enforcement fund" means fire
safety standard and firefighter protection act enforcement fund
created in section 9 of the fire safety standard and firefighter
protection act, 2009 PA 56, MCL 29.499.
(l) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(m) "FTE" means full-time equated.
(n) "HHS" means the United States department of health and
human services.
(o) "HHS-SSA" means HHS social security administration.
(p) "IDG" means interdepartmental grant.
(q) "MAHS" means Michigan administrative hearing system.
(r) "MARVIN" means Michigan's automated response voice
interactive network.
(s) "METRO" means metropolitan extension telecommunications
rights-of-way oversight.
(t) "MIOSHA" means Michigan occupational safety and health
administration.
(u) "Pain management fees" means the pain management education
and controlled substances electronic monitoring and antidiversion
fund.
(v) "Subcommittees" means all members of the subcommittees of
the house and senate appropriations committees with jurisdiction
over the budget for the department.
Sec. 208. Unless otherwise specified, the department shall use
the Internet to fulfill the reporting requirements of this act.
This requirement may include transmission of reports via electronic
mail to the recipients identified for each reporting requirement,
or it may include placement of reports on an Internet or Intranet
site.
Sec. 209. Funds appropriated in part 1 shall not be used for
the purchase of foreign goods or services, or both, if
competitively priced and of comparable quality American goods or
services, or both, are available. Preference shall be given to
goods or services, or both, manufactured or provided by Michigan
businesses, if they are competitively priced and of comparable
quality. In addition, preference shall be given to goods or
services, or both, that are manufactured or provided by Michigan
businesses owned and operated by veterans, if they are
competitively priced and of comparable quality.
Sec. 210. The director shall take all reasonable steps to
ensure that 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. 211. (1) 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 technology, management, and budget. 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.
(2) The funds appropriated in part 1 for liquor control
commission information technology are designated as work project
appropriations and shall not lapse at the end of the fiscal year.
Any unencumbered and unexpended funds shall continue to be
available for expenditure until the project has been completed. The
total cost of the work project is estimated at $1,000,000.00 and
the tentative completion date is September 30, 2013.
Sec. 212. The department and agencies receiving appropriations
in part 1 shall receive and retain copies of all reports funded
from appropriations in part 1. Federal and state guidelines for
short-term and long-term retention of records shall be followed.
The department may electronically retain copies of reports unless
otherwise required by federal and state guidelines.
Sec. 214. From the funds appropriated in part 1 for
information technology, departments and agencies shall pay user
fees to the department of technology, management, and budget for
technology-related services and projects. The user fees shall be
subject to provisions of an interagency agreement between the
departments and agencies and the department of technology,
management, and budget.
Sec. 215. The department shall not take disciplinary action
against an employee for communicating with a member of the
legislature or his or her staff.
Sec. 216. Not later than November 15, the department shall
prepare and transmit a report that provides for estimates of the
total general fund/general purpose appropriation lapses at the
close of the 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 office of the state budget, the chairpersons of
the senate and house of representatives standing committees on
appropriations, and the senate and house fiscal agencies.
Sec. 217. (1) Due to the current budgetary problems in this
state, 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
senate and house of representatives standing committees on
appropriations, the senate and house fiscal agencies, and the state
budget director. The report shall include 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. 220. The department may carry into the succeeding fiscal
year unexpended federal pass-through funds to local institutions
and governments that do not require additional state matching
funds. Federal pass-through funds to local institutions and
governments that are received in amounts in addition to those
included in part 1 and that do not require additional state
matching funds are appropriated for the purposes intended. Within
14 days after the receipt of federal pass-through funds, the
department shall notify the house and senate chairpersons of the
subcommittees, the fiscal agencies, and the state budget director
of pass-through funds appropriated under this section.
Sec. 221. Funds appropriated in 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 activities that the
attorney general authorizes.
Sec. 223. (1) In addition to the funds appropriated in part 1,
there is appropriated an amount not to exceed $45,000,000.00 for
federal contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act 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 $31,000,000.00 for state
restricted contingency funds. These funds are not available for
expenditure until they have been transferred to another line item
in this act 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 $8,000,000.00 for local
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
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 $600,000.00 for private
contingency funds. These funds are not available for expenditure
until they have been transferred to another line item in this act
under section 393(2) of the management and budget act, 1984 PA 431,
MCL 18.1393.
Sec. 225. Within 10 days after the receipt of a grant
appropriated in the private grant funded projects line item in part
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 funding source,
purpose, and amount of the grant.
Sec. 227. (1) The department shall sell documents at a price
not to exceed the cost of production and distribution. Money
received from the sale of these documents shall revert to the
department. In addition to the funds appropriated in part 1, these
funds are available for expenditure when they are received by the
department of treasury 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.
(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 (2002),
2008 PA 551, MCL 451.2101 to 451.2703.
(e) Labor law books.
(f) Worker's compensation health care services rules.
(g) Construction code manuals.
(h) Copies of transcripts from administrative law hearings.
(2) In addition to the funds appropriated in part 1, funds
collected by 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. The funds appropriated under this section are
allotted 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. 228. Unless prohibited by law, the department may accept
credit card or other electronic means of payment for licenses,
fees, or permits.
Sec. 231. (1) The department shall maintain a searchable
website accessible by the public at no cost that includes, but is
not limited to, all of the following:
(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.
(2) The department may develop and operate its own website to
provide this information or may reference the state's central
transparency website as the source for this information.
Sec. 232. The department shall not develop or produce any
television productions.
Sec. 234. Within 14 days after the release of the executive
budget recommendation, the department shall provide the state
budget director, the senate and house appropriations chairs, the
subcommittees, 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
fiscal years ending September 30, 2011 and September 30, 2012.
REGULATORY
Sec. 301. (1) 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.
(2) Cities, villages, and townships with state-owned
facilities shall report to the department no later than November 15
on a form developed by the department in order to be eligible to
receive funds appropriated in part 1 for fire protection grants.
The report shall indicate all of the following:
(a) The ability to respond to state facilities in their
service area.
(b) The cost for being prepared and able to respond to fire
service situations during the most recent fiscal year.
(3) The department shall prepare a summary of the local
submissions and provide it to the subcommittees, fiscal agencies,
and the state budget director by March 31.
Sec. 301a. (1) Cities, villages, and townships receiving fire
protection grant funds in accordance with 1977 PA 289, MCL 141.951
to 141.956, shall submit a report to the department detailing the
expenditures made by the local unit from fire protection grant
funds, the fire-related activities of the local unit's police and
fire departments on state property, and the costs of such
activities. The local unit shall provide a report no later than
January 1, covering the state fiscal year ending September 30,
2011.
(2) The department shall provide a standard template for use
by local units of government when submitting a report to the
department.
(3) The department shall prepare a summary of the local
submissions and provide it to the house and senate chairpersons of
the subcommittees, the fiscal agencies, and the state budget
director by March 31.
Sec. 302. Money appropriated under this act 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. 302a. In addition to the funds appropriated in part 1,
the funds credited to the cigarette fire safety standard and
firefighter protection act fund created in section 13 of the fire
safety standard and firefighter protection act, 2009 PA 56, MCL
29.503, shall be appropriated to be expended for the purposes
provided for in the fire safety standard and firefighter protection
act, 2009 PA 56, MCL 29.491 to 29.513. These funds are appropriated
for expenditure when they are received.
Sec. 303. 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. 304. The department may make available to interested
entities customized listings of nonconfidential information in its
possession, such as names and addresses of licensees. The
department may establish and collect a reasonable charge to provide
this service. The revenue received from this service shall be used
to offset expenses to provide the service. Any balance of this
revenue collected and unexpended at the end of the fiscal year
shall revert to the appropriate restricted fund.
Sec. 320. If the revenue collected by the department from
licensing and regulation fees collected by the bureau of commercial
services exceeds the amount expended from appropriations 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. 330. Funds earned or authorized by the DOL in excess of
the gross appropriation in part 1 for the unemployment insurance
agency from the DOL 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 director and the subcommittees of the purpose and
amount of each grant award.
Sec. 332. The unemployment insurance agency shall provide the
subcommittees, fiscal agencies, and state budget office with
quarterly status reports on the development of the agency's
integrated system project. The quarterly status reports shall
include, but not be limited to, a summary of the expenditures for
the project, project budget information, a summary of the tasks
completed and milestones reached to date, the percentage of the
total project completed to date, and a summary of the tasks
anticipated to be completed in the subsequent quarter.
Sec. 333. The department shall report quarterly to the members
of the house and senate committees on appropriations, the fiscal
agencies, and the state budget director on the percentage of
unemployment claimants that meet the certification requirements for
receiving benefits by using the Internet MARVIN system. The
department shall implement improvements to the Internet MARVIN
system that promote greater ease of access and security with a goal
of reaching 50% of users certifying by using the Internet MARVIN
system.
Sec. 340. MIOSHA shall provide an annual report by February 1
of each year to the state budget director, 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 most recent year for which data
are available.
Sec. 341. The department shall not promulgate or adopt a rule
more stringent than the applicable federal standard unless
specifically authorized by statute.
Sec. 342. From the funds appropriated in part 1 for Michigan
occupational safety and health consultation education and training
(CET) grants, not less than $80,000.00 shall be allocated to
nonprofit organizations representing the mining industry in
Michigan.
Sec. 361. (1) The public service commission shall report by
November 1 to the subcommittees, the state budget office, and the
fiscal agencies on the distribution of funds appropriated in part 1
for the low-income/energy efficiency assistance program.
(2) The funds collected from public utilities for low-income
energy efficiency fund grants as provided under orders issued by
the public service commission pursuant to 1939 PA 3, MCL 460.1 to
460.11, that are unexpended at the end of the fiscal year may carry
forward to the subsequent fiscal year.
Sec. 368. No later than March 1, the department shall submit a
report to the state budget office, the fiscal agencies, and the
subcommittees, providing expenditure and revenue data and
statistical data on licensing and regulatory activities of the
bureau of commercial services and the bureau of construction codes
during the previous fiscal year. To the extent possible, the data
required shall be reported for each individual occupation, trade,
or industry regulated.
Sec. 380. 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.
Sec. 390. The Michigan tax tribunal and the Michigan
administrative hearing system shall submit a report on the number
of cases heard and the number of cases decided by MAHS hearings
officers, contractual hearings officers, and tribunal members
during the fiscal year. The report shall also include information
on case filings and dispositions, the number of active and pending
cases before the small claims division and the entire tribunal, and
the agencies' plan to eliminate the backlog of cases. The report
shall be submitted to the subcommittees, fiscal agencies, and state
budget office not later than November 1, 2012.
OFFICE OF FINANCIAL AND INSURANCE REGULATION
Sec. 401. In addition to the funds appropriated in part 1, the
funds collected by the office of financial and insurance regulation
in connection with a conservatorship pursuant to section 32 of the
mortgage brokers, lenders, and servicers licensing act, 1987 PA
173, MCL 445.1682, and 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.
MICHIGAN REHABILITATION SERVICES AND MICHIGAN COMMISSION FOR THE
BLIND
Sec. 603. The local match requirements for vocational
rehabilitation facilities establishment grants shall not exceed
21.3% for the fiscal year ending September 30.
Sec. 604. All funds appropriated in part 1 for independent
living shall be used for the support of centers for independent
living in compliance with federal rules and regulations for such
centers, by existing centers in serving underserved areas, and for
projects to build capacity of centers to deliver independent living
services. Applications for such funds shall be reviewed in
accordance with criteria and procedures established by the
department. Funds must be used in a manner consistent with the
state plan for independent living.
Sec. 610. (1) The appropriation in part 1 for the Michigan
commission for the blind includes funds for case services. These
funds may be used for tuition payments for blind clients.
(2) Revenue collected by the Michigan commission for the blind
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. 611. The Michigan commission for the blind and the
Michigan rehabilitation services shall work collaboratively with
service organizations and government entities to identify qualified
match dollars to maximize use of available federal vocational
rehabilitation funds.
Sec. 613. (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.
Sec. 615. The department 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.
HEALTH REGULATION
Sec. 708. 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.
Sec. 714. The department shall report by April 1 to the
subcommittees, fiscal agencies, and state budget director on the
timeliness of nursing facility complaint investigations and the
number of allegations that are substantiated on an annual basis.
The report shall consist of the number of allegations filed by
consumers and the number of facility-reported incidents. The
department shall make every effort to contact every complainant and
the subject of a complaint during an investigation.
Sec. 716. The department shall give priority in investigations
of alleged wrongdoing by licensed health care professionals to
instances that are alleged to have occurred within 2 years of the
initial complaint.
Sec. 718. The department shall gather information on its most
frequently cited complaint deficiencies for the prior 3 fiscal
years. The department shall determine whether there is an increase
in the number of citations from 1 year to the next and assess the
cause of the increase, if any, and whether education and training
of nursing facility staff or department staff is needed. The
department shall provide the results of the study to the
subcommittees, fiscal agencies, and state budget director by May 1.
Sec. 726. (1) The department shall submit a report by April 1
to the subcommittees, fiscal agencies, and state budget director
that includes all data on the amount collected from medical
marihuana program application and renewal fees along with the cost
of administering the medical marihuana program under the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430.
(2) If the required fees are shown to be insufficient to
offset all expenses of implementing and administering the medical
marihuana program, the department shall review and revise the
application and renewal fees accordingly to ensure that all
expenses of implementing and administering the medical marihuana
program are offset as is permitted under section 5 of the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26425.
(3) The department shall submit a report by January 1 to the
standing committees on appropriations of the senate and house of
representatives, the fiscal agencies, and the state budget director
that includes all of the following information for the prior fiscal
year regarding the medical marihuana program under the Michigan
medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430:
(a) The number of initial applications received.
(b) The number of initial applications approved and the number
of initial applications denied.
(c) The average amount of time, from receipt to approval or
denial, to process an initial application.
(d) The number of renewal applications received.
(e) The number of renewal applications approved and the number
of renewal applications denied.
(f) The average amount of time, from receipt to approval or
denial, to process a renewal application.
(g) The percentage of initial applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(h) The percentage of renewal applications not approved or
denied within the time requirements established in section 6 of the
Michigan medical marihuana act, 2008 IL 1, MCL 333.26426.
(i) The percentage of registry cards for approved initial
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
(j) The percentage of registry cards for approved renewal
applications not issued within the time requirements established in
section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL
333.26426.
Sec. 727. By October 1, 2011, the department shall establish
and implement a bid process to identify a private or public
contractor to provide management of the medical marihuana program.
By January 1, the department shall transfer responsibility for
management of the medical marihuana program to the contractor
identified by the bid process.
Sec. 729. (1) A hospital or freestanding surgical outpatient
facility may report whether a registered nurse, qualified by
training and experience in operating room nursing, is present as a
circulating nurse in each separate operating room where surgery is
being performed for the duration of the operative procedure. This
section does not preclude a circulating nurse from leaving the
operating room as part of the procedure, leaving the operating room
as part of the operative procedure, leaving the operating room for
short periods, or, in accordance with employer rules or
regulations, being relieved during an operative procedure by
another circulating nurse assigned to continue the operative
procedure.
(2) The department shall report any data collected pursuant to
subsection (1) on the use of a circulating nurse in the operating
room of hospitals and freestanding surgical outpatient facilities
to the legislature on an annual basis. The circulating nurse shall
assist administration in assuring regulatory compliance data are
collected, including the verification of the circulating nurse.
Sec. 731. (1) The bureau of health systems shall prepare a
report detailing the number of facilities, locations, and beds for
each type of health facility licensed, certified, inspected, or
otherwise regulated by the bureau. The report shall also include
the bureau's cost to license, certify, inspect, or otherwise
regulate each type of facility. The data required by this
subsection shall be collected and reported on acute care hospitals,
home health agencies, hospices, hospice residences, psychiatric
units in general hospitals, psychiatric hospitals, partial
hospitalization psychiatric programs, outpatient surgical
facilities, laboratories, end stage renal disease facilities, rural
health clinics, substance abuse programs, long-term care facilities
including nursing homes, hospital long-term care units, county
medical care facilities, and radiation machines.
(2) By February 1, the bureau of health systems shall work
with interested stakeholders to recommend to the governor and the
legislature a schedule of fees to be charged by the bureau for
regulating health facilities. The fee schedule proposed by the
bureau shall bear a direct relationship to the cost of the service
or act, including overhead expenses. The report shall also
recommend the necessary statutory and administrative rule changes
necessary to implement the recommended fee schedule.
PART 2A
PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2013 for
the line items listed in part 1. The fiscal year 2012-2013
appropriations are anticipated to be the same as those for fiscal
year 2011-2012, except that the line items will be adjusted for
changes in caseload and related costs, federal fund match rates,
economic factors, and available revenue. These adjustments will be
determined after the January 2012 consensus revenue estimating
conference.