Bill Text: MI SB0958 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Appropriations; zero budget; department of licensing and regulatory affairs; provide for fiscal year 2012-2013. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-05-31 - For Final Disposition Of Budget, See Hb 5365 [SB0958 Detail]
Download: Michigan-2011-SB0958-Engrossed.html
SB-0958, As Passed Senate, April 25, 2012
SUBSTITUTE FOR
SENATE BILL NO. 958
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, 2013; to provide for the
expenditure of those appropriations; to provide for the imposition
of certain fees; to provide for the disposition of fees and other
income received by the state agencies; to provide for reports to
certain persons; and to prescribe powers and duties of certain
state departments and certain state and local agencies and
officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
Sec. 101. The amounts listed in this part are appropriated for
Senate Bill No. 958 as amended April 25, 2012
the department of licensing and regulatory affairs, subject to the
conditions set forth in this act, for the fiscal year ending
September 30, 2013, 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.... <<4,309.3>>
GROSS APPROPRIATION.................................... $ <<832,513,900>>
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 13,496,900
ADJUSTED GROSS APPROPRIATION........................... $ 819,016,800
Federal revenues:
Total federal revenues................................. 391,016,600
Special revenue funds:
Total local revenues................................... 7,159,900
Total private revenues................................. 5,427,800
Total other state restricted revenues.................. <<379,841,700>>
State general fund/general purpose..................... $ <<35,571,000>>
State general fund/general purpose schedule:
Ongoing state general fund/general
purpose............................... <<35,393,500>>
One-time state general fund/general
purpose...................................... 177,500
Sec. 102. DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions......... 57.5
Full-time equated classified positions.......... 126.0
Unclassified salaries--57.5 FTE positions.............. $ 4,595,900
Executive director programs--33.0 FTE positions........ 5,678,300
Property management.................................... 12,495,200
Rent................................................... 12,032,200
Worker's compensation.................................. 713,200
Special project advances............................... 200,000
Administrative services--91.0 FTE positions............ 10,655,400
Office of regulatory reinvention--2.0 FTE positions.... 415,800
GROSS APPROPRIATION.................................... $ 46,786,000
Appropriated from:
Interdepartmental grant revenues:
Federal revenues:
DOE-OEERE, multiple grants............................. 3,000
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 4,219,600
DOL-ETA, unemployment insurance........................ 12,335,400
DOL, multiple grants for safety and health............. 797,600
Federal revenues....................................... 453,100
Title XVIII Medicare................................... 423,100
Title XIX Medicaid..................................... 21,700
Title XIX Medicaid, facility certification fees........ 265,800
Special revenue funds:
Private - special project advances..................... 200,000
Local revenues......................................... 130,900
Bank fees.............................................. 381,700
Boiler fee revenue..................................... 244,400
Construction code fund................................. 1,239,300
Consumer finance fees.................................. 78,300
Contingent fund, penalty and interest account.......... 39,900
Corporation fees....................................... 4,442,000
Credit union fees...................................... 386,900
Deferred presentment service transaction fees.......... 25,000
Elevator fees.......................................... 251,500
Fees and collections/asbestos.......................... 104,200
Fire service fees...................................... 805,700
Health professions regulatory fund..................... 1,667,900
Health systems fees.................................... 285,000
Insurance licensing and regulation fees................ 1,848,600
Insurance bureau fund.................................. 589,600
Licensing and regulation fees.......................... 1,092,300
Liquor license revenue................................. 34,500
Liquor purchase revolving fund......................... 5,020,600
MBLSLA fund............................................ 86,400
Mobile home code fund.................................. 253,400
Motor carrier fees..................................... 238,100
Private occupational school license fees............... 14,000
Public utility assessments............................. 2,519,500
Radiological health fees............................... 95,600
Safety education and training fund..................... 798,900
Second injury fund..................................... 255,500
Securities fees........................................ 2,555,500
Self-insurers security fund............................ 92,300
Silicosis and dust disease fund........................ 113,900
Tax tribunal fund...................................... 192,600
Video franchise assessments............................ 4,000
Workers' compensation administrative revolving fund.... 134,500
State general fund/general purpose..................... $ 2,044,200
Sec. 103. OFFICE OF FINANCIAL AND INSURANCE
REGULATION
Full-time equated classified positions.......... 377.0
Administration--35.0 FTE positions..................... $ 7,956,900
Financial evaluation--232.0 FTE positions.............. 36,871,300
Regulatory compliance and consumer assistance--110.0
FTE positions........................................ 19,684,400
GROSS APPROPRIATION.................................... $ 64,512,600
Appropriated from:
Federal revenues:
Federal revenues....................................... 2,000,000
Special revenue funds:
Bank fees.............................................. 8,801,900
Captive insurance regulatory and supervision fund...... 279,400
Consumer finance fees.................................. 4,673,700
Credit union fees...................................... 6,796,400
Deferred presentment service transaction fees.......... 2,900,800
Insurance bureau fund.................................. 22,012,300
Insurance continuing education fees.................... 1,097,400
Insurance licensing and regulation fees................ 5,168,300
MBLSLA fund............................................ 4,629,600
Multiple employer welfare arrangement.................. 72,600
Securities fees........................................ 5,080,200
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......... $ 29,265,100
METRO authority--5.0 FTE positions..................... 367,300
GROSS APPROPRIATION.................................... $ 29,632,400
Appropriated from:
Federal revenues:
DOE-OEERE, multiple grants............................. 9,000
DOT, gas pipeline safety............................... 890,600
Special revenue funds:
Children's protection registry fund.................... 272,600
Motor carrier fees..................................... 2,520,300
Public utility assessments............................. 25,099,900
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........ $ 4,185,100
Liquor licensing and enforcement--124.0 FTE positions.. 14,523,800
GROSS APPROPRIATION.................................... $ 18,708,900
Appropriated from:
Special revenue funds:
Senate Bill No. 958 as amended April 25, 2012
Direct shipper enforcement revolving fund.............. 120,000
Liquor license revenue................................. 7,510,400
Liquor purchase revolving fund......................... 11,078,500
State general fund/general purpose..................... $ 0
Sec. 106. OCCUPATIONAL REGULATION
Full-time equated classified positions...... <<816.3>>
Boiler inspection program--25.0 FTE positions.......... $ 3,172,900
Bureau of fire services--63.0 FTE positions............ 7,056,000
Code enforcement--110.0 FTE positions.................. 14,731,600
Bureau of commercial services--165.0 FTE positions..... 21,299,300
<<Unarmed combat commission executive director – 1.0 FTE
position............................................. 100>>
Elevator inspection program--30.0 FTE positions........ 3,545,600
Bureau of health professions--160.0 FTE positions...... 28,435,800
Bureau of health systems--199.6 FTE positions.......... 26,396,300
Health policy and regulation--8.8 FTE positions........ 2,857,500
Radiological health administration--21.4 FTE positions. 3,345,400
Background check program--5.5 FTE positions............ 2,595,000
Manufactured housing and land resources
program--18.0 FTE positions.......................... 2,874,700
Property development group--9.0 FTE positions.......... 1,767,500
GROSS APPROPRIATION.................................... $ <<118,077,700>>
Appropriated from:
Interdepartmental grant revenues:
IDG from department of community health, inspection
contract............................................. 100,000
Federal revenues:
Clinical lab improvement............................... 386,700
DOT.................................................... 60,000
FEMA................................................... 28,000
Mammography quality standards.......................... 744,500
Title XVIII Medicare................................... 10,946,600
Title XIX Medicaid..................................... 968,900
Title XIX Medicaid, facility certification fees........ 7,483,600
Special revenue funds:
Private - civil monetary penalties..................... 200,000
Accountancy enforcement fund........................... 404,800
Boiler fee revenue..................................... 3,627,500
Builder enforcement fund............................... 450,800
Construction code fund................................. 13,853,400
Corporation fees....................................... 6,728,000
Elevator fees.......................................... 3,969,200
Fire alarm fees........................................ 125,400
Fire safety standard and enforcement fund.............. 40,000
Fire service fees...................................... 2,346,000
Fireworks safety fund.................................. 652,700
Health professions regulatory fund..................... 27,624,900
Health systems fees.................................... 2,555,700
Licensing and regulation fees.......................... 11,998,200
Liquor purchase revolving fund......................... 3,003,900
Mobile home code fund.................................. 2,874,700
Nurse professional fund................................ 1,883,300
Pain management fees................................... 1,770,600
Private occupational school license fees............... 832,200
Property development fees.............................. 298,900
Radiological health fees............................... 2,600,900
Senate Bill No. 958 as amended April 25, 2012
Real estate appraiser continuing education fund........ 47,000
Real estate education fund............................. 338,100
Real estate enforcement fund........................... 694,300
Survey and remonumentation fund........................ 809,700
Security business fund................................. 340,100
Unarmed combat fund.................................... <<124,800>>
State general fund/general purpose..................... $ 7,164,300
Sec. 107. MICHIGAN OCCUPATIONAL SAFETY AND HEALTH
ADMINISTRATION
Full-time equated classified positions.......... 262.0
Occupational safety and health--229.0 FTE positions.... $ 30,623,000
Wage and hour division--33.0 FTE positions............. 3,388,300
GROSS APPROPRIATION.................................... $ 34,011,300
Appropriated from:
Federal revenues:
DOL, multiple grants for safety and health............. 14,371,900
Special revenue funds:
Corporation fees....................................... 6,224,600
Fees and collections/asbestos.......................... 984,100
Safety education and training fund..................... 9,039,600
Securities fees........................................ 3,370,800
State general fund/general purpose..................... $ 20,300
Sec. 108. EMPLOYMENT SERVICES
Full-time equated classified positions........ 2,134.6
Worker's compensation administration--69.6 FTE
positions............................................ $ 7,646,100
Insurance funds administration--28.0 FTE positions..... 5,138,900
Senate Bill No. 958 as amended April 25, 2012
Supplemental benefit fund.............................. 820,000
Unemployment programs--1,289.7 FTE positions........... 149,999,700
Advocacy assistance program............................ 1,500,000
Special audit and collections program--34.0 FTE
positions............................................ 3,301,300
Training program for agency staff--2.1 FTE positions... 1,849,500
Expanded fraud control program--33.2 FTE positions..... 3,811,400
Commission for the blind--107.0 FTE positions.......... 27,748,900
Michigan rehabilitation services--550.0 FTE positions.. <<77,290,300>>
Employment and labor relations--21.0 FTE positions..... 3,984,500
GROSS APPROPRIATION.................................... $ <<283,090,600>>
Appropriated from:
Federal revenues:
DED-OPSE, multiple grants.............................. 1,333,300
DED-OSERS, centers for independent living.............. 60,300
DED-OSERS, rehabilitation long-term training........... 328,400
DED-OSERS, rehabilitation services, vocational
rehabilitation of state grants....................... 60,799,100
DED-OSERS, state grants for technical related
assistance........................................... 67,700
DOL, employment and training administration............ 1,355,800
DOL-ETA, unemployment insurance........................ 156,606,100
Federal revenues....................................... 21,034,900
HHS-SSA, supplemental security income.................. 4,079,400
Special revenue funds:
Private - gifts, bequests, and donations............... 816,000
Private revenues....................................... 111,800
Senate Bill No. 958 as amended April 25, 2012
Local revenues......................................... 529,000
Corporation fees....................................... 797,300
Contingent fund, regular penalty and interest.......... 1,500,000
Michigan commission for the blind business
enterprise program fund.............................. 562,000
Rehabilitation service fees............................ 1,401,500
Second injury fund..................................... 2,911,400
Securities fees........................................ 4,394,500
Self-insurers security fund............................ 1,308,200
Silicosis and dust disease fund........................ 1,064,300
Special fraud control fund............................. 1,000,000
Workers' compensation administrative revolving fund.... 2,383,000
State general fund/general purpose..................... $ <<18,646,600>>
Sec. 109. MICHIGAN ADMINISTRATIVE HEARING SYSTEM
Full-time equated classified positions.......... 246.4
Michigan administrative hearing system--221.4 FTE
positions............................................ $ 35,418,100
Michigan compensation appellate commission--25.0 FTE
positions............................................ 3,835,200
GROSS APPROPRIATION.................................... $ 39,253,300
Appropriated from:
Interdepartmental grant revenues:
IDG - administrative hearings.......................... 13,233,400
Federal revenues:
DOL-ETA, unemployment insurance........................ 3,552,400
Federal revenue - administrative hearings and rules.... 8,531,000
Special revenue funds:
State restricted revenue - administrative hearings
and rules............................................ 12,641,000
Workers' compensation administrative revolving fund.... 282,800
State general fund/general purpose..................... $ 1,012,700
Sec. 110. INFORMATION TECHNOLOGY
Information technology services and projects........... $ 45,310,200
Worker's compensation agency IT system upgrade......... 100
GROSS APPROPRIATION.................................... $ 45,310,300
Appropriated from:
Federal revenues:
DOL-ETA, unemployment insurance........................ 22,256,000
DOL, multiple grants for safety and health............. 273,700
Federal revenues....................................... 3,584,100
Special revenue funds:
Bank fees.............................................. 219,500
Boiler fee revenue..................................... 280,500
Construction code fund................................. 1,137,800
Consumer finance fees.................................. 95,100
Corporation fees....................................... 5,343,600
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...................................... 353,500
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.......................... 1,757,500
Liquor purchase revolving fund......................... 2,915,400
MBLSLA fund............................................ 104,100
Mobile home code fund.................................. 245,200
Motor carrier fees..................................... 191,300
Pain management fees................................... 160,000
Public utility assessments............................. 1,550,800
Radiological health fees............................... 140,000
Safety education and training fund..................... 667,100
Second injury fund..................................... 143,600
Securities fees........................................ 990,700
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............. 57,328,400
Independent living..................................... 4,488,600
Fire protection grants................................. 9,273,900
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
Home heating assistance for the vulnerable............. 60,000,000
Youth low-vision program............................... 241,800
GROSS APPROPRIATION.................................... $ 148,094,000
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.................. 4,368,400
Special revenue funds:
Private - gifts, bequests, and donations............... 1,100,000
Private revenues....................................... 3,000,000
Local vocational rehabilitation match.................. 6,300,000
Local vocational rehabilitation facilities match....... 200,000
Contingent fund, penalty and interest account.......... 1,000,000
Fire protection fund................................... 8,500,000
Home heating assistance for the vulnerable............. 60,000,000
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..................... $ 6,440,200
Sec. 112. ONE-TIME BASIS ONLY APPROPRIATIONS
Senate Bill No. 958 as amended April 25, 2012
State employee lump-sum payments....................... $ 5,036,800
GROSS APPROPRIATION.................................... $ 5,036,800
Appropriated from:
Interdepartmental grant revenues....................... 163,500
Federal revenues....................................... 2,815,400
State restricted revenues.............................. 1,880,400
State general fund/general purpose..................... $ 177,500
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2012-2013
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 2012-2013 is <<$415,412,700.00>> and state
spending from state resources to be paid to local units of
government for fiscal year 2012-2013 is $21,625,700.00. 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
Liquor law enforcement................................. 6,600,000
Remonumentation grants................................. 5,300,000
Subregional libraries state aid........................ 451,800
Total department of licensing and regulatory
affairs.............................................. $ 21,625,700
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) "Department" means the department of licensing and
regulatory affairs.
(b) "Director" means the director of the department.
(c) "DOL" means the United States department of labor.
(d) "Fiscal agencies" means Michigan house fiscal agency and
Michigan senate fiscal agency.
(e) "MAHS" means Michigan administrative hearing system.
(f) "MARVIN" means Michigan's automated response voice
interactive network.
(g) "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. 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. 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 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 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) Worker's compensation health care services rules.
(f) Construction code manuals.
(g) 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. The department shall work 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:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor,
including the vendor name, payment date, payment amount, and
payment description.
(d) The number of active department employees by job
classification.
(e) Job specifications and wage rates.
Sec. 232. The department shall not develop or produce any
television 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, 2012 and September 30, 2013.
Sec. 236. Within 14 days of making expenditures from the
appropriations in part 1 for state employee lump-sum payments, the
department shall submit to the state budget director, the
subcommittees, and the fiscal agencies a report containing the
name, payment amount, position, nonexclusively represented employee
status, and bureau/agency of any employee receiving a lump-sum
payment of more than $1,000.00.
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. 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. 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 otherwise unavailable customized listings of
nonconfidential information in its possession, such as names and
addresses of licensees. The department may establish and collect a
reasonable charge to provide this service. The revenue received
from this service shall be used to offset expenses to provide the
service. Any balance of this revenue collected and unexpended at
the end of the fiscal year shall revert to the appropriate
restricted fund.
Sec. 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. 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, 2013.
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. 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. 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 AN
TICIPATED APPROPRIATIONS
FOR FISCAL YEAR 2013-2014
GENERAL SECTIONS
Sec. 1201. It is the intent of the legislature to provide
appropriations for the fiscal year ending on September 30, 2014 for
the line items listed in part 1. The fiscal year 2013-2014
appropriations are anticipated to be the same as those for fiscal
year 2012-2013, 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 2013 consensus revenue estimating
conference.
