Bill Text: MI SB0086 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Appropriations: zero budget; department of licensing and regulatory affairs; provide for fiscal year 2021-2022. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-06-10 - Referred To Conference Committee [SB0086 Detail]
Download: Michigan-2021-SB0086-Engrossed.html
Substitute For
SENATE BILL NO. 86
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2022; to provide for certain conditions on appropriations; to establish certain fees in connection with certain appropriations; and to provide for the expenditure of the appropriations.
the people of the state of michigan enact:
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PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2022, from the following funds:
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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS |
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APPROPRIATION SUMMARY |
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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Full-time equated unclassified positions |
19.0 |
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|
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Full-time equated classified positions |
1,486.7 |
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|
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GROSS APPROPRIATION |
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$ |
498,010,900 |
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Total interdepartmental grants and intradepartmental transfers |
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45,079,800 |
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ADJUSTED GROSS APPROPRIATIONS |
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$ |
452,931,100 |
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Federal revenues: |
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Total federal revenues |
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29,030,500 |
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Special revenue funds: |
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Total local revenues |
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0 |
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Total private revenues |
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|
0 |
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Total other state restricted revenues |
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256,055,700 |
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State general fund/general purpose |
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$ |
167,844,900 |
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Sec. 102. DEPARTMENTAL ADMINISTRATION AND SUPPORT |
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Full-time equated unclassified positions |
19.0 |
|
|
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Full-time equated classified positions |
77.6 |
|
|
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Unclassified salaries--FTE positions |
19.0 |
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2,572,400 |
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Administrative services--* FTE positions |
60.0 |
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8,594,600 |
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Executive director programs--* FTE positions |
14.6 |
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2,886,900 |
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FOIA coordination--* FTE positions |
3.0 |
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329,900 |
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Property management |
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|
8,263,000 |
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Worker's compensation |
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|
124,900 |
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GROSS APPROPRIATION |
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$ |
22,771,700 |
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Appropriated from: |
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|
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IDG from DIFS, accounting services |
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|
150,000 |
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Total interdepartmental grants and intradepartmental transfers |
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|
150,000 |
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EPA, underground storage tanks |
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30,300 |
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HHS-Medicaid, certification of health care providers and suppliers |
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|
411,100 |
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HHS-Medicare, certification of health care providers and suppliers |
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|
599,100 |
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Total federal revenues |
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1,040,500 |
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Aboveground storage tank fees |
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|
94,000 |
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Accountancy enforcement fund |
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|
66,200 |
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Boiler inspection fund |
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286,200 |
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Builder enforcement fund |
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102,700 |
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Construction code fund |
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775,700 |
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Corporation fees |
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4,386,300 |
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Elevator fees |
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307,600 |
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Fire alarm fees |
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7,300 |
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Fire safety standard and enforcement fund |
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|
2,100 |
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Fire service fees |
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461,800 |
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Fireworks safety fund |
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60,300 |
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Health professions regulatory fund |
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1,715,700 |
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Health systems fees |
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|
242,300 |
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Licensing and regulation fund |
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976,600 |
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Liquor license revenue |
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340,000 |
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Liquor purchase revolving fund |
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3,171,600 |
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Marihuana registry fund |
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817,700 |
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Marihuana regulation fund |
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|
450,600 |
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Marihuana regulatory fund |
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|
683,200 |
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Michigan unarmed combat fund |
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|
5,900 |
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Mobile home code fund |
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284,800 |
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Nurse professional fund |
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38,700 |
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17
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19
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21
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25
26
27
28
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PMECSEMA fund |
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46,200 |
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Property development fees |
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|
7,300 |
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Public utility assessments |
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3,139,600 |
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Real estate appraiser education fund |
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2,600 |
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Real estate education fund |
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11,300 |
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Real estate enforcement fund |
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11,600 |
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Refined petroleum fund |
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173,300 |
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Restructuring mechanism assessments |
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31,600 |
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Securities fees |
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1,632,400 |
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Securities investor education and training fund |
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9,200 |
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Security business fund |
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6,900 |
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Survey and remonumentation fund |
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98,100 |
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Tax tribunal fund |
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809,300 |
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Utility consumer representation fund |
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54,000 |
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Total other state restricted revenues |
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21,310,700 |
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State general fund/general purpose |
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$ |
270,500 |
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Sec. 103. PUBLIC SERVICE COMMISSION |
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Full-time equated classified positions |
159.3 |
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Public service commission--* FTE positions |
159.3 |
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33,215,100 |
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GROSS APPROPRIATION |
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$ |
33,215,100 |
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Appropriated from: |
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DOT, gas pipeline safety |
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2,625,800 |
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Total federal revenues |
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2,625,800 |
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Public utility assessments |
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30,019,800 |
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Restructuring mechanism assessments |
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|
569,500 |
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Total other state restricted revenues |
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30,589,300 |
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State general fund/general purpose |
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$ |
0 |
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Sec. 104. LIQUOR CONTROL COMMISSION |
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26
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Full-time equated classified positions |
121.0 |
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Liquor licensing and enforcement--* FTE positions |
93.0 |
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13,193,600 |
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Management support services--* FTE positions |
28.0 |
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4,675,200 |
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GROSS APPROPRIATION |
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$ |
17,868,800 |
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Appropriated from: |
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Direct shipper enforcement revolving fund |
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241,520 |
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Liquor control enforcement and license investigation revolving fund |
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140,000 |
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Liquor license fee enhancement fund |
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61,120 |
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Liquor license revenue |
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6,244,960 |
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Liquor purchase revolving fund |
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11,181,200 |
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Total other state restricted revenues |
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17,868,800 |
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State general fund/general purpose |
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$ |
0 |
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Sec. 105. OCCUPATIONAL REGULATION |
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Full-time equated classified positions |
959.0 |
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Adult foster care and camps licensing and regulation--* FTE positions |
83.4 |
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8,623,300 |
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Bureau of community and health systems administration--* FTE positions |
17.0 |
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3,339,000 |
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Bureau of construction codes--* FTE positions |
111.5 |
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23,482,000 |
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Bureau of fire services--* FTE positions |
72.0 |
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10,454,800 |
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Bureau of professional licensing--* FTE positions |
181.6 |
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40,364,600 |
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Child care licensing and regulation--* FTE positions |
107.5 |
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18,552,100 |
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Corporations, securities, and commercial licensing bureau--* FTE positions |
88.0 |
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15,204,400 |
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Health facilities regulation--* FTE positions |
163.0 |
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28,854,900 |
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Marihuana social equity program |
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|
500,000 |
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Marihuana treatment research--* FTE positions |
0.0 |
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20,000,000 |
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Medical marihuana facilities licensing and tracking--* FTE positions |
55.7 |
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11,641,700 |
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Medical marihuana program--* FTE positions |
29.0 |
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5,141,700 |
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Nurse aide program--* FTE positions |
7.0 |
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1,680,500 |
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Recreational marihuana regulation--* FTE positions |
43.3 |
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7,351,800 |
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GROSS APPROPRIATION |
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$ |
195,190,800 |
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Appropriated from: |
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IDG from MDE, child care licensing |
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19,729,300 |
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Total interdepartmental grants and intradepartmental transfers |
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19,729,300 |
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DHS, fire training systems |
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528,000 |
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DOT, hazardous materials training and planning |
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20,000 |
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EPA, underground storage tanks |
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|
799,300 |
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HHS-Medicaid, certification of health care providers and suppliers |
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8,767,900 |
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HHS-Medicare, certification of health care providers and suppliers |
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14,161,700 |
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Total federal revenues |
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24,276,900 |
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Aboveground storage tank fees |
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|
229,100 |
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Accountancy enforcement fund |
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|
777,800 |
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Adult foster care facilities license fund |
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411,600 |
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Boiler inspection fund |
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3,429,500 |
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Builder enforcement fund |
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644,000 |
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Child care home and center licenses fund |
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501,700 |
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Construction code fund |
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9,384,200 |
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Corporation fees |
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7,705,200 |
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Division on deafness fund |
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93,400 |
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Elevator fees |
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4,396,500 |
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Fire alarm fees |
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133,100 |
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Fire safety standard and enforcement fund |
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40,900 |
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Fire service fees |
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2,647,400 |
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Fireworks safety fund |
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1,233,800 |
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Health professions regulatory fund |
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25,294,100 |
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Health systems fees |
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3,922,300 |
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Licensing and regulation fund |
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|
12,593,000 |
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Liquor purchase revolving fund |
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|
148,800 |
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Marihuana registry fund |
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5,141,700 |
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Marihuana regulation fund |
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27,851,800 |
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Marihuana regulatory fund |
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12,141,700 |
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Mobile home code fund |
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2,085,900 |
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Nurse aid registration fund |
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|
597,500 |
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Nurse professional fund |
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1,966,800 |
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Nursing home administrative penalties |
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|
100,000 |
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PMECSEMA fund |
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1,889,500 |
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Property development fees |
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|
192,600 |
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Real estate appraiser education fund |
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|
65,500 |
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Real estate education fund |
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|
346,800 |
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Real estate enforcement fund |
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|
554,400 |
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Refined petroleum fund |
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2,647,400 |
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Securities fees |
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5,491,200 |
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Securities investor education and training fund |
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|
493,300 |
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Security business fund |
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|
236,200 |
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Survey and remonumentation fund |
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|
882,200 |
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Total other state restricted revenues |
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136,270,900 |
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State general fund/general purpose |
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$ |
14,913,700 |
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Sec. 106. MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES |
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Full-time equated classified positions |
156.9 |
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Michigan office of administrative hearings and rules--* FTE positions |
156.9 |
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36,935,700 |
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GROSS APPROPRIATION |
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$ |
36,935,700 |
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Appropriated from: |
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IDG revenues, administrative hearings and rules |
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25,200,500 |
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Total interdepartmental grants and intradepartmental transfers |
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25,200,500 |
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Construction code fund |
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|
26,700 |
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Corporation fees |
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|
4,272,700 |
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Health professions regulatory fund |
|
|
408,400 |
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Health systems fees |
|
|
161,600 |
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Licensing and regulation fund |
|
|
883,800 |
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Liquor purchase revolving fund |
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|
709,400 |
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Marihuana regulation fund |
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|
100,000 |
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Marihuana regulatory fund |
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|
252,000 |
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Public utility assessments |
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|
2,657,500 |
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Securities fees |
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|
1,036,700 |
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Tax tribunal fund |
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|
847,600 |
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Total other state restricted revenues |
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|
11,356,400 |
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State general fund/general purpose |
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$ |
378,800 |
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Sec. 107. COMMISSIONS |
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Full-time equated classified positions |
12.9 |
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|
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5
6
7
8
9
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12
13
14
15
16
17
18
19
20
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22
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25
26
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Michigan indigent defense commission--* FTE positions |
12.9 |
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1,499,400 |
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Michigan unarmed combat commission--* FTE positions |
0.0 |
|
126,200 |
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GROSS APPROPRIATION |
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$ |
1,625,600 |
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Appropriated from: |
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|
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Michigan unarmed combat fund |
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|
126,200 |
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Total other state restricted revenues |
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|
126,200 |
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State general fund/general purpose |
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$ |
1,499,400 |
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Sec. 108. DEPARTMENT GRANTS |
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Firefighter training grants |
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2,300,000 |
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Liquor law enforcement grants |
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|
8,400,000 |
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Medical marihuana operation and oversight grants |
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|
3,000,000 |
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Michigan indigent defense commission grants |
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|
148,917,400 |
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Remonumentation grants |
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|
6,800,000 |
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Utility consumer representation fund |
|
|
750,000 |
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GROSS APPROPRIATION |
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$ |
170,167,400 |
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Appropriated from: |
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Fireworks safety fund |
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|
2,300,000 |
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Liquor license revenue |
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|
8,400,000 |
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Local indigent defense reimbursement |
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|
300,000 |
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Marihuana registry fund |
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|
3,000,000 |
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Survey and remonumentation fund |
|
|
6,800,000 |
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Utility consumer representation fund |
|
|
750,000 |
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Total other state restricted revenues |
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|
21,550,000 |
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State general fund/general purpose |
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$ |
148,617,400 |
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Sec. 109. INFORMATION TECHNOLOGY |
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Information technology services and projects |
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18,735,800 |
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GROSS APPROPRIATION |
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$ |
18,735,800 |
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Appropriated from: |
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|
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DOT, gas pipeline safety |
|
|
45,000 |
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EPA, underground storage tanks |
|
|
100,200 |
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HHS-Medicaid, certification of health care providers and suppliers |
|
|
358,300 |
|
HHS-Medicare, certification of health care providers and suppliers |
|
|
583,800 |
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Total federal revenues |
|
|
1,087,300 |
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Aboveground storage tank fees |
|
|
34,600 |
|
Accountancy enforcement fund |
|
|
1,100 |
|
Boiler inspection fund |
|
|
318,800 |
|
Construction code fund |
|
|
1,228,800 |
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Corporation fees |
|
|
4,178,000 |
|
Elevator fees |
|
|
476,900 |
|
Fire safety standard and enforcement fund |
|
|
3,000 |
|
Fire service fees |
|
|
519,200 |
|
Fireworks safety fund |
|
|
47,200 |
|
Health professions regulatory fund |
|
|
1,806,300 |
|
Health systems fees |
|
|
298,200 |
|
Licensing and regulation fund |
|
|
1,101,700 |
|
Liquor purchase revolving fund |
|
|
3,374,800 |
|
Marihuana registry fund |
|
|
447,100 |
|
Marihuana regulation fund |
|
|
270,900 |
|
Marihuana regulatory fund |
|
|
731,800 |
|
Michigan unarmed combat fund |
|
|
6,800 |
|
Mobile home code fund |
|
|
171,400 |
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3
4
5
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7
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12
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14
15
16
17
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19
20
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23
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25
26
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|
PMECSEMA fund |
|
|
38,600 |
|
Public utility assessments |
|
|
1,238,100 |
|
Real estate appraiser education fund |
|
|
1,000 |
|
Real estate education fund |
|
|
1,900 |
|
Refined petroleum fund |
|
|
170,800 |
|
Restructuring mechanism assessments |
|
|
28,100 |
|
Securities fees |
|
|
229,700 |
|
Securities investor education and training fund |
|
|
1,000 |
|
Survey and remonumentation fund |
|
|
74,100 |
|
Tax tribunal fund |
|
|
183,500 |
|
Total other state restricted revenues |
|
|
16,983,400 |
|
State general fund/general purpose |
|
$ |
665,100 |
|
Sec. 110. ONE-TIME APPROPRIATIONS |
|
|
|
|
Public service commission renewable natural gas study |
|
|
250,000 |
|
Michigan saves |
|
|
750,000 |
|
Urban search and rescue |
|
|
500,000 |
|
GROSS APPROPRIATION |
|
$ |
1,500,000 |
|
Appropriated from: |
|
|
|
|
State general fund/general purpose |
|
$ |
1,500,000 |
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
FOR FISCAL YEAR 2021-2022
GENERAL SECTIONS
Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year 2021-2022 is $423,900,600.00 and state
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spending from state sources to be paid to local units of government for fiscal year 2021-2022 is $169,417,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur:
|
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS |
|
|
|
|
Firefighter training grants |
|
$ |
2,300,000 |
|
Liquor law enforcement grants |
|
|
8,400,000 |
|
Medical marihuana operation and oversight grants |
|
|
3,000,000 |
|
Michigan indigent defense commission grants |
|
|
148,917,400 |
|
Remonumentation grants |
|
|
6,800,000 |
|
TOTAL DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS |
|
$ |
169,417,400 |
Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this part and part 1:
(a) "Abatement potential" means the magnitude of potential greenhouse gas reductions achieved through alternative fuel, technology, or practice. As used in this subdivision, "alternative fuel" includes renewable natural gas.
(b) "Department" means the department of licensing and regulatory affairs.
(c) "Director" means the director of the department.
(d) "FOIA" means the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(e) "FTE" means full-time equated.
(f) "IDG" means interdepartmental grant.
(g) "Renewable natural gas" or "RNG" means biogas that has
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been processed to be interchangeable with conventional natural gas and meet pipeline quality standards or transportation fuel grade requirements.
(h) "Subcommittees" means the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department.
Sec. 204. The department shall use the internet to fulfill the reporting requirements of this part. This requirement shall include transmission of reports via email to the recipients identified for each reporting requirement and it shall include placement of reports on an internet site.
Sec. 205. Funds appropriated in this part and part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality.
Sec. 206. The department shall not take disciplinary action against an employee of the department or departmental agency in the state classified civil service because the employee communicates with a member of the legislature or his or her staff, unless the communication is prohibited by law and the department or agency taking disciplinary action is exercising its authority as provided by law.
Sec. 207. (1) Out-of-state travel shall be limited to
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situations when travel is approved by a departmental employee's immediate supervisor and 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 individual from the 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, the 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
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the department's budget. The report shall be submitted to the house and senate appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include all of the following information:
(a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state.
(b) The destination of each travel occurrence.
(c) The dates of each travel occurrence.
(d) A brief statement of the reason for each travel occurrence.
(e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues.
(f) A total of all out-of-state travel funded for the immediately preceding fiscal year.
Sec. 208. Funds appropriated in part 1 shall not be used by the department to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes.
Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house
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appropriations committees and the senate and house fiscal agencies.
Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department and each agency:
(a) Fiscal year-to-date expenditures by category.
(b) Fiscal year-to-date expenditures by appropriation unit.
(c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description.
(d) The number of active department employees by job classification.
(e) Job specifications and wage rates.
Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the chairpersons of the senate and house appropriations committees, the chairpersons of the subcommittees, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years.
Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department's performance.
Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2022 are estimated at $41,260,100.00. From this amount, total
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agency appropriations for pension-related legacy costs are estimated at $23,116,100.00. Total agency appropriations for retiree health care legacy costs are estimated at $18,144,000.00.
Sec. 215. To the extent permissible under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, the director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:
(a) The number of FTEs in pay status by type of staff and civil service classification.
(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.
(2) By April 1 of the current fiscal year and semiannually thereafter, the department shall report to the senate and house appropriations committees, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies the following information:
(a) Number of employees that were engaged in remote work.
(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting
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period.
(c) Estimated net cost savings achieved by remote work.
(d) Reduced use of office space associated with remote work.
Sec. 217. Appropriations in part 1 shall, to the extent possible by the department, not be expended until all existing work project authorization available for the same purposes is exhausted.
Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, intertransfer funds within this act for the particular department, board, commission, officer, or institution.
Sec. 219. The departments 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. 220. The department shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house appropriations committees, the subcommittees, the joint committee on administrative rules, and the senate and house fiscal agencies.
Sec. 226. (1) Not later than December 31, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget director pertaining to licensing and regulatory programs during the previous 3 fiscal years, if available, for the following agencies:
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(a) Liquor control commission.
(b) Bureau of fire services.
(c) Bureau of construction codes.
(d) Corporations, securities, and commercial licensing bureau.
(e) Bureau of professional licensing.
(f) Bureau of community and health systems.
(2) The report shall be in a format that is consistent between the agencies listed in subsection (1) and shall provide, but is not limited to, the following information for the 3 previous fiscal years, as applicable, for each agency; agencies listed in subsection (1)(a) and (b) shall report by regulated activity and agencies listed in subsection (1)(c), (d), (e), and (f) shall report by regulatory product or regulated activity, or both:
(a) Revenue generated by and expenditures disbursed by regulatory fund.
(b) Revenue generated by regulatory product or regulated activity.
(c) The renewal cycle and amount of each fee charged.
(d) Number of initial applications.
(e) Number of initial applications denied.
(f) Number of license renewals.
(g) Average amount of time to approve or deny completed applications.
(h) Number of examinations proctored for initial applications.
(i) A description of the types of complaints received.
(j) A description of the process used to resolve complaints.
(k) Number of complaints received.
(l) Number of complaints investigated.
(m) Number of complaints closed with no action.
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(n) Number of complaints resulting in administrative actions or citations.
(o) Average amount of time to complete investigations.
(p) Number of enforcement actions, including license revocations, suspensions, and fines.
(q) A description of the types of enforcement actions taken against licensees.
(r) Number of administrative hearing adjudications.
(3) As used in subsection (2), "regulatory product" means each occupation, profession, trade, or program, which includes licensure, certification, registration, inspection, review, permitting, approval, or any other regulatory service provided by the agencies specified in subsection (1) for each regulated activity. As used in this subsection and subsection (2), "regulated activity" means the particular activities, entities, facilities, and industries regulated by the agencies specified in subsection (1).
Sec. 227. It is the intent of the legislature that the department establish an employee performance monitoring process that is consistent throughout the department in addition to current civil service commission evaluations. By April 1, the department shall submit a report to the state budget office, the subcommittees, and the senate and house fiscal agencies on changes to the employee performance monitoring process that are planned or implemented, as well as the number of employee evaluations performed.
Sec. 228. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits.
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Sec. 229. The department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget director by September 30 detailing any expenditure of funds for a television or radio production that was made to a third-party vendor in the fiscal year ending September 30, 2022. The report must include the following information for each expenditure:
(a) Total amount of the expenditure.
(b) Fund source for the expenditure.
(c) Name of the vendor(s) that created the production and the amount paid to the vendor(s).
(d) Purpose of the production.
PUBLIC SERVICE COMMISSION
Sec. 301. The public service commission administers the low-income energy assistance grant program on behalf of the Michigan department of health and human services via an interagency agreement. Funds supporting the grant program are appropriated in the department upon awarding of grants and may be expended for grant payments and administrative related expenses incurred in the operation of the program.
LIQUOR CONTROL COMMISSION
Sec. 401. (1) From the appropriations in part 1 from the direct shipper enforcement revolving fund, the liquor control commission shall expend these funds as required under section 203(11) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to investigate and audit unlawful direct shipments of wine by unlicensed wineries and retailers, with priority directed toward unlicensed out-of-state retailers and third-party marketers.
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In addition to other investigative methods, the commission shall use shipping records available to it under section 203(21) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to assist with this effort. The liquor control commission must refer all unlicensed out-of-state retailers and third-party marketers identified with the shipping records to the attorney general.
(2) By February 1, the liquor control commission shall provide a report to the legislature, the subcommittees, and the state budget director detailing the commission's activities to investigate and audit the illegal shipping of wine and the results of these activities. The report shall include the following:
(a) Work hours spent, specific actions undertaken, and the number of FTEs dedicated to identifying and stopping unlicensed out-of-state retailers, third-party marketers, and wineries that ship illegally in Michigan.
(b) General overview of expenditures associated with efforts to identify and stop unlicensed out-of-state retailers, third-party marketers, and wineries that ship illegally in Michigan.
(c) Number of out-of-state entities found to have illegally shipped wine into Michigan and total number of bottles (750 ml), number of cases with 750 ml bottles, number of liters, number of gallons, or weight of illegally shipped wine. These items must be broken down by total number of retailers and total number of wineries.
(d) Suggested areas of focus on how to address direct shipper enforcement and illegal importation in the future.
(e) Number of unlicensed out-of-state entities found to have illegally shipped wine into Michigan identified with the shipping records under subsection (1).
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(f) Number of notices sent under subsection (3).
(3) From the appropriations in part 1 from the direct shipper enforcement revolving fund, the liquor control commission shall send a notice to each unlicensed out-of-state entity found to have illegally shipped wine into Michigan that has been identified via the shipping records under subsection (1). The notice must include all of the following:
(a) Notification that shipping wine into Michigan by retailers and third-party marketers is illegal, and wineries shipping into Michigan must obtain a direct shipper license.
(b) Under section 909 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1909, making unlawful shipments of wine into Michigan may be a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(c) Notice that the matter has been referred to the attorney general.
OCCUPATIONAL REGULATION
Sec. 501. Money appropriated under this part and part 1 for the bureau of fire services shall not be expended unless, in accordance with section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be charged according to the following schedule:
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Operation and maintenance inspection fee |
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Facility type |
Facility size |
Fee |
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Hospitals |
Any |
$8.00 per bed |
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Plan review and construction inspection fees for |
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hospitals and schools |
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Project cost range |
Fee |
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$101,000.00 or less |
minimum fee of $155.00 |
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$101,001.00 to $1,500,000.00 |
$1.60 per $1,000.00 |
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$1,500,001.00 to $10,000,000.00 |
$1.30 per $1,000.00 |
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$10,000,001.00 or more |
$1.10 per $1,000.00 |
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or a maximum fee of $60,000.00. |
Sec. 502. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in the Michigan Administrative Code and as determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry forward to the subsequent fiscal year.
Sec. 503. Not later than February 15, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget director providing the following information:
(a) The number of veterans who were separated from service in the Armed Forces of the United States with an honorable character of service or under honorable conditions (general) character of service, individually or if a majority interest of a corporation or limited liability company, that were exempted from paying licensure, registration, filing, or any other fees collected under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau during the preceding fiscal year.
(b) The specific fees and total amount of revenue exempted under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau
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during the preceding fiscal year.
(c) The actual costs of providing licensing and other regulatory services to veterans exempted from paying licensure, registration, filing, or any other fees during the preceding fiscal year and a description of how these costs were calculated.
(d) The estimated amount of revenue that will be exempted under each licensure or regulatory program administered by the bureau of construction codes, the bureau of professional licensing, and the corporations, securities, and commercial licensing bureau in both the current and subsequent fiscal years and a description of how the exempted revenue was estimated.
Sec. 504. The department shall submit a comprehensive annual report for all programs administered by the marijuana regulatory agency by January 31 to the standing committees on appropriations of the senate and house of representatives, the senate and house fiscal agencies, and the state budget director. This report shall include, but is not limited to, all of the following information for the prior fiscal year regarding the marihuana programs under the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430; the Medical Marihuana Facilities Licensing Act, 2016 PA 281, MCL 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, MCL 333.27951 to 333.27967:
(a) The number of initial applications received, by license category.
(b) The number of initial applications approved and the number of initial applications denied, by license category.
(c) The average amount of time, from receipt to approval or denial, to process an initial application, by license category.
(d) The number of renewal applications approved, by license
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category and by county.
(e) The number of renewal applications received, by license category, and by county, if applicable.
(f) The number of renewal applications denied, by license category and by county.
(g) The average amount of time, from receipt to approval or denial, to process a renewal application, by license category, if applicable.
(h) The percentage of initial applications not approved or denied within the time requirements established in the respective act, by license category, if applicable.
(i) The percentage of renewal applications not approved or denied within the time requirements established in the respective act, by license category, if applicable.
(j) The total amount collected from application fees or established regulatory assessment and the specific fund this amount is deposited into, by license category.
(k) The costs of administering the licensing program under each of the above-referenced acts.
(l) The registered name and addresses of all facilities licensed under the above-referenced acts, by license category and by county.
(m) Number of complaints received pertaining to the above-referenced acts, by license type or regulatory activity.
(n) A description of the types of complaints received.
(o) A description of the process used to resolve complaints.
(p) Number of investigations opened pertaining to each license category.
(q) Number of investigations closed pertaining to each license
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category.
(r) Average amount of time to complete investigations pertaining to each license category.
(s) Number of enforcement actions pertaining to each license category.
(t) A description of the types of enforcement actions taken against licensees.
(u) Number of administrative hearing adjudications pertaining to each license type.
(v) A list of the fees charged for license applications, license renewals, and registry cards.
Sec. 505. If the revenue collected by the department for health systems administration from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year.
Sec. 506. Not later than February 1, the department shall submit a report to the subcommittees, the senate and house fiscal agencies, and state budget director providing the following information:
(a) The total amount of reimbursements made to local units of government for delegated inspections of fireworks retail locations pursuant to section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year.
(b) The amount of reimbursement for delegated inspections of fireworks retail locations for each local unit of government that received reimbursement from the funds appropriated in part 1 for
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the bureau of fire services during the preceding fiscal year.
Sec. 507. (1) Beginning October 1, for the purpose of defraying the costs associated with responding to false final inspection appointments and to discourage the practice of calling for final inspections when the project is incomplete or noncompliant with a plan of correction previously provided by the bureau of fire services, the bureau of fire services may assess a fee not to exceed $200.00 for responding to a second or subsequent confirmed false inspection appointment. Fees collected under this section shall be deposited into the restricted account referenced by section 2c(2) of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly identified within the statewide integrated governmental management applications system.
(2) Not later than September 30, the department shall prepare a report that provides the amount of the fee assessed under subsection (1), the number of fees assessed and issued per region, the cost allocation for the work performed and reduced as a result of this section, and any recommendations for consideration by the legislature. The department shall submit this information to the state budget director, the subcommittees, and the senate and house fiscal agencies.
Sec. 508. The department shall submit a report on the Michigan automated prescription system to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director by November 30. The report shall include, but is not limited to, the following:
(a) Total number of licensed health professionals registered to the Michigan automated prescription system.
(b) Total number of dispensers registered to the Michigan
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automated prescription system.
(c) Total number of prescribers using the Michigan automated prescription system.
(d) Total number of dispensers using the Michigan automated prescription system.
(e) Number of cases related to overprescribing, overdispensing, and drug diversion where the department took administrative action as a result of information and data generated from the Michigan automated prescription system.
(f) The number of hospitals, doctor's offices, pharmacies, and other health facilities that have integrated the Michigan automated prescription system into their electronic health records systems.
(g) Total number of delegate users registered to the Michigan automated prescription system.
Sec. 509. From the amount appropriated in part 1 for the bureau of community and health systems administration, upon receipt of the order of suspension of a licensed adult foster care home, home for the aged, or nursing home, the department shall serve the facility and provide contemporaneous notice to the offices of legislators representing a district where the licensed facility is situated and to the senate and house subcommittees on health and human services.
Sec. 510. The funds appropriated in part 1 for the marihuana social equity program shall be expended to address social equity in the marihuana industry by expanding access to affordable capital. These funds shall be expended to leverage additional private contributions to support capital access and provide low- and no-interest loans and grants for the purposes of starting or expanding adult-use marihuana businesses.
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Sec. 511. The department shall not enforce any directive requiring the masking of children less than 5 years of age and shall not take any licensing or administrative action against any licensee for failure to enforce or require the masking of children less than 5 years of age.
COMMISSIONS
Sec. 802. From the funds appropriated in part 1, the Michigan indigent defense commission shall submit a report by September 30 to the senate and house appropriations subcommittees on licensing and regulatory affairs, the senate and house fiscal agencies, and the state budget director on the incremental costs associated with the standard development process, the compliance plan process, and the collection of data from all indigent defense systems and attorneys providing indigent defense. Particular emphasis shall be placed on those costs that may be avoided after standards are developed and compliance plans are in place.
DEPARTMENT GRANTS
Sec. 901. (1) The department shall expend the funds appropriated in part 1 for medical marihuana operation and oversight grants for grants to counties for education and outreach programs relating to the Michigan medical marihuana program pursuant to section 6(l) of the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26426. These grants shall be distributed proportionately based on the number of registry identification cards issued to or renewed for the residents of each county that applied for a grant under subsection (2). For the purposes of this subsection, operation and oversight grants are for education,
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communication, and outreach regarding the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430. Grants provided under this section must not be used for law enforcement purposes.
(2) Not later than December 1, the department shall post a listing of potential grant money available to each county on its website. In addition, the department shall work collaboratively with counties regarding the availability of these grant funds. A county requesting a grant shall apply on a form developed by the department and available on its website. The form shall contain the county's specific projected plan for use of the money and its agreement to maintain all records and to submit documentation to the department to support the use of the grant money.
(3) In order to be eligible to receive a grant under subsection (1), a county shall apply not later than January 1 and agree to report how the grant was expended and to provide that report to the department not later than September 15. The department shall submit a report not later than October 15 of the subsequent fiscal year to the state budget director, the subcommittees, and the senate and house fiscal agencies detailing the grant amounts by recipient and the reported uses of the grants in the preceding fiscal year.
Sec. 902. (1) The amount appropriated in part 1 for firefighter training grants shall only be expended for payments to counties to reimburse organized fire departments for firefighter training and other activities required under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377.
(2) If the amount appropriated in part 1 for firefighter training grants is expended by the firefighters training council,
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established in section 3 of the firefighters training council act, 1966 PA 291, MCL 29.363, for payments to counties under section 14 of the firefighters training council act, 1966 PA 291, MCL 29.374, it is the intent of the legislature that:
(a) The amount appropriated in part 1 for firefighter training grants shall be allocated pursuant to section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374.
(b) If the amount allocated to any county under subdivision (a) is less than $5,000.00, the amounts disbursed to each county under subdivision (a) shall be adjusted to provide for a minimum payment of $5,000.00 to each county.
(3) Not later than February 1, the department shall submit a financial report to the subcommittees, the senate and house fiscal agencies, and the state budget director identifying the following information for the preceding fiscal year:
(a) The amount of the payments that would be made to each county if the distribution formula described by the first sentence of section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374, would have been utilized to allocate the total amount appropriated in part 1 for firefighter training grants.
(b) The amount of the payments approved by the firefighters training council for allocation to each county.
(c) The amount of the payments actually expended or encumbered within each county.
(d) A description of any other payments or expenditures made under the authority of the firefighters training council.
(e) The amount of payments approved for allocations to counties that was not expended or encumbered and lapsed back to the fireworks safety fund.
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ONE-TIME APPROPRIATIONS
Sec. 1001. From the funds appropriated in part 1 for Michigan saves, the Michigan public service commission may award a $750,000.00 grant to a nonprofit green bank with experience in leveraging energy-efficiency and renewable energy improvements, for the purpose of making such loans more affordable for Michigan families, businesses, and public entities. Grant funds may be used to support a loan loss reserve fund or other comparable financial instrument to further leverage private investment in clean energy improvements.
Sec. 1002. (1) From the funds appropriated for the public service commission renewable natural gas study in part 1, the commission shall conduct a study into the potential for renewable natural gas development in this state. The study shall do all of the following:
(a) Identify existing and potential sources of renewable natural gas in this state and provide, to the extent possible, an estimate of the energy content and greenhouse gas abatement potential of these sources.
(b) Estimate the production potential by applicable feedstock sources for renewable natural gas in this state.
(c) Identify technical, market, policy, and regulatory barriers to developing and utilizing renewable natural gas in this state.
(2) The commission shall engage all interested stakeholders in the development of the study provided for in subsection (1). The commission may engage an independent contractor to conduct the study under the commission's direction.
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(3) By June 1, 2022, the commission shall submit a report on the study to the standing committees of the senate and house of representatives with primary responsibility for energy and environmental issues.
