Bill Text: MI SB0860 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Appropriations; zero budget; department of licensing and regulatory affairs; provide for fiscal year 2018-2019. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-05-08 - Referred To Committee On Appropriations [SB0860 Detail]

Download: Michigan-2017-SB0860-Engrossed.html

SB-0860, As Passed Senate, May 3, 2018

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 860

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to make appropriations for the department of licensing

 

and regulatory affairs for the fiscal year ending September 30,

 

2019; and to provide for the expenditure of the appropriations.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 1

 

LINE-ITEM APPROPRIATIONS

 

     Sec. 101. There is appropriated for the department of

 

licensing and regulatory affairs for the fiscal year ending

 

September 30, 2019, from the following funds:

 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

APPROPRIATION SUMMARY

 

   Full-time equated unclassified positions......... 57.5

 

   Full-time equated classified positions........ 2,322.3

 

GROSS APPROPRIATION.................................... $    479,662,200


   Interdepartmental grant revenues:

 

Total interdepartmental grants and intradepartmental

 

   transfers............................................        48,414,300

 

ADJUSTED GROSS APPROPRIATION........................... $    431,247,900

 

   Federal revenues:

 

Total federal revenues.................................        65,744,400

 

   Special revenue funds:

 

Total local revenues...................................           100,000

 

Total private revenues.................................           111,800

 

Total other state restricted revenues..................       276,471,400

 

State general fund/general purpose..................... $     88,820,300

 

   Sec. 102. DEPARTMENTAL ADMINISTRATION

 

   Full-time equated unclassified positions......... 57.5

 

   Full-time equated classified positions.......... 108.0

 

Unclassified salaries--57.5 FTE positions.............. $      5,107,700

 

Administrative services--77.0 FTE positions............         8,810,100

 

Executive director programs--24.0 FTE positions........         3,256,500

 

FOIA coordination--3.0 FTE positions...................           314,900

 

Office for new Americans--4.0 FTE positions............           480,200

 

Property management....................................        11,488,900

 

Worker's compensation..................................           318,500

 

GROSS APPROPRIATION.................................... $     29,776,800

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDIFS, accounting services....................           150,000

 

IDG from MDTED, unemployment hearings..................           601,100

 

   Federal revenues:


DED, vocational rehabilitation and independent living..           897,400

 

DOE, heating oil and propane...........................            25,000

 

DOL, occupational safety and health....................           712,200

 

EPA, underground storage tanks.........................            29,100

 

HHS-Medicaid, certification of health care providers

 

   and suppliers........................................           405,200

 

HHS-Medicare, certification of health care providers

 

   and suppliers........................................           589,000

 

   Special revenue funds:

 

Aboveground storage tank fees..........................            92,400

 

Accountancy enforcement fund...........................            46,100

 

Asbestos abatement fund................................           150,100

 

Boiler inspection fund.................................           278,300

 

Builder enforcement fund...............................           100,400

 

Construction code fund.................................           760,000

 

Corporation fees.......................................         5,644,500

 

Elevator fees..........................................           302,100

 

Fire alarm fees........................................             7,100

 

Fire safety standard and enforcement fund..............             2,100

 

Fire service fees......................................           483,400

 

Fireworks safety fund..................................            51,000

 

Health professions regulatory fund.....................         1,569,800

 

Health systems fees....................................           246,400

 

Licensing and regulation fund..........................           783,000

 

Liquor license revenue.................................           300,000

 

Liquor purchase revolving fund.........................         3,807,100

 

Marihuana registry fund................................           670,500


Michigan unarmed combat fund...........................             5,900

 

Mobile home code fund..................................           317,100

 

Nurse professional fund................................            37,500

 

PMECSEMA fund..........................................            45,000

 

Private occupational school license fees...............            55,200

 

Property development fees..............................             7,400

 

Public utility assessments.............................         2,779,400

 

Radiological health fees...............................           223,500

 

Real estate appraiser education fund...................             2,600

 

Real estate education fund.............................            11,000

 

Real estate enforcement fund...........................            11,300

 

Refined petroleum fund.................................           185,800

 

Restructuring mechanism assessments....................            31,600

 

Retired engineers technical assistance program fund....             7,000

 

Safety education and training fund.....................           850,800

 

Second injury fund.....................................           236,700

 

Securities fees........................................         3,678,200

 

Securities investor education and training fund........             9,200

 

Security business fund.................................             7,000

 

Self-insurers security fund............................           120,300

 

Silicosis and dust disease fund........................           102,300

 

Survey and remonumentation fund........................            97,000

 

Tax tribunal fund......................................           885,300

 

Utility consumer representation fund...................            54,000

 

Worker's compensation administrative revolving fund....           103,800

 

State general fund/general purpose..................... $      1,208,600

 

   Sec. 103. ENERGY AND UTILITY PROGRAMS


   Full-time equated classified positions.......... 208.0

 

Michigan agency for energy--26.0 FTE positions......... $      7,132,800

 

Public service commission--182.0 FTE positions.........        31,879,000

 

GROSS APPROPRIATION.................................... $     39,011,800

 

    Appropriated from:

 

   Federal revenues:

 

DOE, heating oil and propane...........................         3,795,000

 

DOT, gas pipeline safety...............................         2,212,800

 

   Special revenue funds:

 

Public utility assessments.............................        31,332,300

 

Restructuring mechanism assessments....................           620,900

 

Retired engineers technical assistance program fund....           491,200

 

State general fund/general purpose..................... $        559,600

 

   Sec. 104. LIQUOR CONTROL COMMISSION

 

   Full-time equated classified positions.......... 143.0

 

Liquor licensing and enforcement--115.0 FTE positions.. $     16,006,400

 

Management support services--28.0 FTE positions........         4,518,400

 

GROSS APPROPRIATION.................................... $     20,524,800

 

    Appropriated from:

 

   Special revenue funds:

 

Direct shipper enforcement revolving fund..............           300,700

 

Liquor control enforcement and license investigation

 

   revolving fund.......................................           175,000

 

Liquor license fee enhancement fund....................            76,400

 

Liquor license revenue.................................         7,580,700

 

Liquor purchase revolving fund.........................        12,392,000

 

State general fund/general purpose..................... $              0


   Sec. 105. OCCUPATIONAL REGULATION

 

   Full-time equated classified positions........ 1,143.9

 

Bureau of community and health systems--426.9 FTE

 

   positions............................................ $     63,085,000

 

Bureau of construction codes--182.0 FTE positions......        23,839,300

 

Bureau of fire services--78.0 FTE positions............        11,175,500

 

Bureau of professional licensing--206.0 FTE positions..        39,834,200

 

Corporations, securities, and commercial licensing

 

   bureau--118.0 FTE positions..........................        15,431,400

 

Medical marihuana facilities licensing and

 

   tracking--108.0 FTE positions........................        10,000,000

 

Medical marihuana program--25.0 FTE positions..........         5,001,300

 

GROSS APPROPRIATION.................................... $    168,366,700

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDE, child care licensing.....................        17,794,900

 

   Federal revenues:

 

DHS, fire training systems.............................            28,000

 

DOT, hazardous materials training and planning.........            60,000

 

EPA, underground storage tanks.........................           804,400

 

HHS-Medicaid, certification of health care providers

 

   and suppliers........................................         8,379,900

 

HHS-Medicare, certification of health care providers

 

   and suppliers........................................        13,638,100

 

   Special revenue funds:

 

Aboveground storage tank fees..........................           206,800

 

Accountancy enforcement fund...........................           689,600


Boiler inspection fund.................................         3,399,700

 

Builder enforcement fund...............................           644,000

 

Construction code fund.................................         7,910,200

 

Corporation fees.......................................         7,143,500

 

Distance education fund................................           355,500

 

Division on deafness fund..............................            93,400

 

Elevator fees..........................................         4,356,300

 

Fire alarm fees........................................           130,100

 

Fire safety standard and enforcement fund..............            40,400

 

Fire service fees......................................         2,553,300

 

Fireworks safety fund..................................           703,900

 

Health professions regulatory fund.....................        24,158,800

 

Health systems fees....................................         3,792,200

 

Licensing and regulation fund..........................        11,851,200

 

Liquor purchase revolving fund.........................           143,200

 

Marihuana registry fund................................         5,001,300

 

Marihuana regulatory fund..............................        10,500,000

 

Michigan unarmed combat fund...........................            76,900

 

Mobile home code fund..................................         3,045,200

 

Nurse aid registration fund............................           600,000

 

Nurse professional fund................................         1,964,900

 

Nursing home administrative penalties..................           100,000

 

PMECSEMA fund..........................................         1,855,600

 

Private occupational school license fees...............           478,600

 

Property development fees..............................           318,100

 

Real estate appraiser education fund...................            65,400

 

Real estate education fund.............................           345,400


Real estate enforcement fund...........................           704,400

 

Refined petroleum fund.................................         2,643,400

 

Securities fees........................................         4,779,800

 

Securities investor education and training fund........           502,300

 

Security business fund.................................           233,600

 

Survey and remonumentation fund........................           864,900

 

State general fund/general purpose..................... $     25,409,500

 

   Sec. 106. EMPLOYMENT SERVICES

 

   Full-time equated classified positions.......... 464.4

 

Bureau of employment relations--22.0 FTE positions..... $      4,289,800

 

Bureau of services for blind persons--113.0 FTE

 

   positions............................................        24,931,000

 

Compensation supplement fund...........................         1,820,000

 

First responder presumed coverage fund claims..........         5,245,000

 

Insurance funds administration--23.0 FTE positions.....         5,031,200

 

Michigan occupational safety and health

 

   administration--218.4 FTE positions..................        32,717,300

 

Wage and hour program--32.0 FTE positions..............         3,826,100

 

Workers' compensation agency--56.0 FTE positions.......         8,177,000

 

GROSS APPROPRIATION.................................... $     86,037,400

 

    Appropriated from:

 

   Federal revenues:

 

DED, vocational rehabilitation and independent living..        18,725,100

 

DOL, occupational safety and health....................        12,047,700

 

HHS, mammography quality standards.....................           513,300

 

   Special revenue funds:

 

Blind services, local..................................           100,000


Blind services, private................................           111,800

 

Asbestos abatement fund................................           817,300

 

Corporation fees.......................................         9,619,100

 

First responder presumed coverage fund.................         5,445,000

 

Michigan business enterprise program fund..............           327,800

 

Radiological health fees...............................         2,786,000

 

Safety education and training fund.....................         9,922,200

 

Second injury fund.....................................         2,627,000

 

Securities fees........................................         8,807,300

 

Self-insurers security fund............................         1,587,000

 

Silicosis and dust disease fund........................           817,200

 

Worker's compensation administrative revolving fund....         1,682,500

 

State general fund/general purpose..................... $     10,101,100

 

   Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM

 

   Full-time equated classified positions.......... 236.0

 

Michigan administrative hearing system--218.0 FTE

 

   positions............................................ $     38,607,100

 

Michigan compensation appellate commission--18.0 FTE

 

   positions............................................         4,649,000

 

GROSS APPROPRIATION.................................... $     43,256,100

 

    Appropriated from:

 

   Interdepartmental grant revenues:

 

IDG from MDTED, unemployment hearings..................         4,306,700

 

IDG revenues, administrative hearings and rules........        25,561,600

 

   Federal revenues:

 

DOL, occupational safety and health....................           153,900

 

   Special revenue funds:


Construction code fund.................................            26,000

 

Corporation fees.......................................         4,026,000

 

Health professions regulatory fund.....................           392,800

 

Health systems fees....................................           156,600

 

Licensing and regulation fund..........................           849,200

 

Liquor purchase revolving fund.........................           967,000

 

Public utility assessments.............................         2,547,600

 

Safety education and training fund.....................            62,600

 

Securities fees........................................         2,418,900

 

Tax tribunal fund......................................           954,000

 

Worker's compensation administrative revolving fund....           137,400

 

State general fund/general purpose..................... $        695,800

 

   Sec. 108. COMMISSIONS

 

   Full-time equated classified positions........... 19.0

 

Asian Pacific American affairs commission--1.0 FTE

 

   position............................................. $        137,400

 

Commission on Middle Eastern American affairs--1.0

 

   FTE position.........................................           125,000

 

Hispanic/Latino commission of Michigan--1.0 FTE

 

   position.............................................           288,300

 

Michigan indigent defense commission--16.0 FTE

 

   positions............................................         2,420,700

 

GROSS APPROPRIATION.................................... $      2,971,400

 

    Appropriated from:

 

   Special revenue funds:

 

State general fund/general purpose..................... $      2,971,400

 

   Sec. 109. DEPARTMENT GRANTS


Fire protection grants................................. $            100

 

Firefighter training grants............................         2,000,000

 

Liquor law enforcement grants..........................         8,400,000

 

Medical marihuana operation and oversight grants.......         3,000,000

 

Michigan indigent defense commission grants............        46,000,000

 

Remonumentation grants.................................         7,300,000

 

Subregional libraries state aid........................           451,800

 

Utility consumer representation fund...................           750,000

 

GROSS APPROPRIATION.................................... $     67,901,900

 

    Appropriated from:

 

   Special revenue funds:

 

Fire protection fund...................................               100

 

Fireworks safety fund..................................         2,000,000

 

Liquor license revenue.................................         8,400,000

 

Marihuana registry fund................................         3,000,000

 

Survey and remonumentation fund........................         7,300,000

 

Utility consumer representation fund...................           750,000

 

State general fund/general purpose..................... $     46,451,800

 

   Sec. 110. INFORMATION TECHNOLOGY

 

Information technology services and projects........... $      21,815,300

 

GROSS APPROPRIATION.................................... $     21,815,300

 

    Appropriated from:

 

   Federal revenues:

 

DED, vocational rehabilitation and independent living..         1,229,800

 

DOE, heating oil and propane...........................            24,000

 

DOL, occupational safety and health....................           367,300

 

DOT, gas pipeline safety...............................            45,000


EPA, underground storage tanks.........................           100,200

 

HHS-Medicaid, certification of health care providers

 

   and suppliers........................................           331,600

 

HHS-Medicare, certification of health care providers

 

   and suppliers........................................           630,400

 

   Special revenue funds:

 

Aboveground storage tank fees..........................            54,600

 

Accountancy enforcement fund...........................             1,100

 

Asbestos abatement fund................................            55,400

 

Boiler inspection fund.................................           388,800

 

Construction code fund.................................         1,064,400

 

Corporation fees.......................................         3,676,100

 

Distance education fund................................            11,600

 

Elevator fees..........................................           431,100

 

Fire safety standard and enforcement fund..............             3,000

 

Fire service fees......................................           199,200

 

Fireworks safety fund..................................            35,200

 

Health professions regulatory fund.....................         1,258,900

 

Health systems fees....................................           233,800

 

Licensing and regulation fund..........................         1,858,700

 

Liquor purchase revolving fund.........................         2,934,000

 

Marihuana registry fund................................           301,700

 

Michigan unarmed combat fund...........................             6,800

 

Mobile home code fund..................................           311,400

 

PMECSEMA fund..........................................           178,600

 

Private occupational school license fees...............            21,900

 

Public utility assessments.............................         1,506,200


Radiological health fees...............................           143,300

 

Real estate appraiser education fund...................             1,000

 

Real estate education fund.............................             4,900

 

Refined petroleum fund.................................           170,800

 

Restructuring mechanism assessments....................            40,100

 

Retired engineers technical assistance program fund....             5,000

 

Safety education and training fund.....................           398,400

 

Second injury fund.....................................           474,100

 

Securities fees........................................         1,108,700

 

Securities investor education and training fund........             1,000

 

Self-insurers security fund............................           348,700

 

Silicosis and dust disease fund........................           138,400

 

Survey and remonumentation fund........................            74,100

 

Tax tribunal fund......................................           223,500

 

State general fund/general purpose .................... $      1,422,500

 

 

 

 

 

PART 2

 

PROVISIONS CONCERNING APPROPRIATIONS

 

FOR FISCAL YEAR 2018-2019

 

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 2018-2019 is $365,291,700.00 and state

 

spending from state resources to be paid to local units of

 

government for fiscal year 2018-2019 is $67,151,900.00. 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................................. $            100

 

Firefighter training grants............................         2,000,000

 

Liquor law enforcement grants..........................         8,400,000

 

Medical marihuana operation and oversight grants.......         3,000,000

 

Michigan indigent defense commission grants............        46,000,000

 

Remonumentation grants.................................         7,300,000

 

Subregional libraries state aid........................           451,800

 

Total department of licensing and regulatory affairs... $     67,151,900

 

     Sec. 202. The appropriations authorized under this part and

 

part 1 are subject to the management and budget act, 1984 PA 431,

 

MCL 18.1101 to 18.1594.

 

     Sec. 203. As used in this part and part 1:

 

     (a) "DED" means the United States Department of Education.

 

     (b) "Department" means the department of licensing and

 

regulatory affairs.

 

     (c) "DHS" means the United States Department of Homeland

 

Security.

 

     (d) "DIFS" means the department of insurance and financial

 

services.

 

     (e) "Director" means the director of the department.

 

     (f) "DOE" means the United States Department of Energy.

 

     (g) "DOL" means the United States Department of Labor.

 

     (h) "DOT" means the United States Department of

 

Transportation.

 

     (i) "EPA" means the United States Environmental Protection


Agency.

 

     (j) "FOIA" means the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

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

 

     (l) "HHS" means the United States Department of Health and

 

Human Services.

 

     (m) "IDG" means interdepartmental grant.

 

     (n) "IT" means information technology.

 

     (o) "MDE" means the Michigan department of education.

 

     (p) "PMECSEMA" means pain management education and controlled

 

substances electronic monitoring and antidiversion.

 

     (q) "Subcommittees" means the subcommittees of the house and

 

senate appropriations committees with jurisdiction over the budget

 

for the department.

 

     (r) "TED" means the Michigan department of talent and economic

 

development.

 

     Sec. 204. The department and agencies receiving appropriations

 

in this part and part 1 shall use the internet to fulfill the

 

reporting requirements of this part. This requirement may include

 

transmission of reports via electronic mail to the recipients

 

identified for each reporting requirement, or it may include

 

placement of reports on an internet or intranet site.

 

     Sec. 205. Funds appropriated in this part and part 1 shall not

 

be used for the purchase of foreign goods or services, or both, if

 

competitively priced and of comparable quality American goods or

 

services, or both, are available. Preference shall be given to

 

goods or services, or both, manufactured or provided by Michigan


businesses, if they are competitively priced and of comparable

 

quality. In addition, preference shall be given to goods or

 

services, or both, that are manufactured or provided by Michigan

 

businesses owned and operated by veterans, if they are

 

competitively priced and of comparable quality.

 

     Sec. 206. The director shall take all reasonable steps to

 

ensure businesses in deprived and depressed communities compete for

 

and perform contracts to provide services or supplies, or both. The

 

director shall strongly encourage firms with which the department

 

contracts to subcontract with certified businesses in depressed and

 

deprived communities for services, supplies, or both.

 

     Sec. 207. (1) Out-of-state travel shall be limited to

 

situations 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 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, 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

 

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 this part and part 1 shall not

 

be used by a principal executive department, state agency, or

 

authority to hire a person to provide legal services that are the

 

responsibility of the attorney general. This prohibition does not

 

apply to legal services for bonding activities and for those

 

outside services that the attorney general authorizes.

 

     Sec. 209. Not later than November 30, the state budget office

 

shall prepare and transmit a report that provides for estimates of

 

the total general fund/general purpose appropriation lapses at the

 

close of the prior fiscal year. This report shall summarize the

 

projected year-end general fund/general purpose appropriation

 

lapses by major departmental program or program areas. The report

 

shall be transmitted to the chairpersons of the senate and house

 

appropriations committees and the senate and house fiscal agencies.

 

     Sec. 210. (1) In addition to the funds appropriated in part 1,

 

there is appropriated an amount not to exceed $10,000,000.00 for

 

federal contingency funds. These funds are not available for

 

expenditure until they have been transferred to another line item

 

in part 1 under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (2) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $25,000,000.00 for state

 

restricted contingency funds. These funds are not available for


expenditure until they have been transferred to another line item

 

in part 1 under section 393(2) of the management and budget act,

 

1984 PA 431, MCL 18.1393.

 

     (3) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $1,000,000.00 for local

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     (4) In addition to the funds appropriated in part 1, there is

 

appropriated an amount not to exceed $500,000.00 for private

 

contingency funds. These funds are not available for expenditure

 

until they have been transferred to another line item in part 1

 

under section 393(2) of the management and budget act, 1984 PA 431,

 

MCL 18.1393.

 

     Sec. 211. The department shall cooperate with the department

 

of technology, management, and budget to maintain a searchable

 

website accessible by the public at no cost that includes, but is

 

not limited to, all of the following for 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 senate and house appropriations

 

chairs, the senate and house appropriations subcommittees chairs,

 

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

 

fiscal years ending September 30, 2018 and September 30, 2019.

 

     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, 2019 is estimated at $57,167,300.00. From this amount, total

 

agency appropriations for pension-related legacy costs are

 

estimated at $26,355,100.00. Total agency appropriations for

 

retiree health care legacy costs are estimated at $30,812,200.00.

 

     Sec. 215. Unless prohibited by law, the department may accept

 

credit card or other electronic means of payment for licenses,

 

fees, or permits.

 

     Sec. 218. The department shall not take disciplinary action

 

against an employee for communicating with a member of the

 

legislature or his or her staff.

 

     Sec. 219. The department shall not develop or produce any

 

television or radio productions.


     Sec. 220. The department, in conjunction with the department

 

of health and human services, shall maintain an accounting

 

structure within the state's accounting system that will allow

 

expenditures associated with the administration of the Healthy

 

Michigan plan to be identified.

 

     Sec. 221. The department may carry into the succeeding fiscal

 

year unexpended federal pass-through funds to local institutions

 

and governments that do not require additional state matching

 

funds. Federal pass-through funds to local institutions and

 

governments that are received in amounts in addition to those

 

included in part 1 and that do not require additional state

 

matching funds are appropriated for the purposes intended. Within

 

14 days after the receipt of federal pass-through funds, the

 

department shall notify the house and senate chairpersons of the

 

subcommittees, the senate and house fiscal agencies, and the state

 

budget director of pass-through funds appropriated under this

 

section.

 

     Sec. 222. (1) Grants supported with private revenues received

 

by the department are appropriated upon receipt and are available

 

for expenditure by the department, subject to subsection (3), for

 

purposes specified within the grant agreement and as permitted

 

under state and federal law.

 

     (2) Within 10 days after the receipt of a private grant

 

appropriated in subsection (1), the department shall notify the

 

house and senate chairpersons of the subcommittees, the senate and

 

house fiscal agencies, and the state budget director of the receipt

 

of the grant, including the fund source, purpose, and amount of the


grant.

 

     (3) The amount appropriated under subsection (1) shall not

 

exceed $1,500,000.00.

 

     Sec. 223. (1) The department may charge registration fees to

 

attendees of informational, training, or special events sponsored

 

by the department.

 

     (2) These fees shall reflect the costs for the department to

 

sponsor the informational, training, or special events.

 

     (3) Revenue generated by the registration fees is appropriated

 

upon receipt and available for expenditure to cover the

 

department's costs of sponsoring informational, training, or

 

special events.

 

     (4) Revenue generated by registration fees in excess of the

 

department's costs of sponsoring informational, training, or

 

special events shall carry forward to the subsequent fiscal year

 

and not lapse to the general fund.

 

     (5) The amount appropriated under subsection (3) shall not

 

exceed $500,000.00.

 

     Sec. 224. The department may make available to interested

 

entities otherwise unavailable customized listings of

 

nonconfidential information in its possession, such as names and

 

addresses of licensees. The department may establish and collect a

 

reasonable charge to provide this service. The revenue received

 

from this service is appropriated when received and shall be used

 

to offset expenses to provide the service. Any balance of this

 

revenue collected and unexpended at the end of the fiscal year

 

shall lapse to the appropriate restricted fund.


     Sec. 225. (1) The department shall sell documents at a price

 

not to exceed the cost of production and distribution. Money

 

received from the sale of these documents shall revert to the

 

department. In addition to the funds appropriated in part 1, these

 

funds are available for expenditure when they are received by the

 

department of treasury. This subsection applies only for the

 

following documents:

 

     (a) Corporation and securities division documents, reports,

 

and papers required or permitted by law pursuant to section 1060(5)

 

of the business corporation act, 1972 PA 284, MCL 450.2060.

 

     (b) The Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1101 to 436.2303.

 

     (c) The mobile home commission act, 1987 PA 96, MCL 125.2301

 

to 125.2350; the business corporation act, 1972 PA 284, MCL

 

450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162,

 

MCL 450.2101 to 450.3192; and the uniform securities act (2002),

 

2008 PA 551, MCL 451.2101 to 451.2703.

 

     (d) Worker's compensation health care services rules.

 

     (e) Construction code manuals.

 

     (f) Copies of transcripts from administrative law hearings.

 

     (2) In addition to the funds appropriated in part 1, funds

 

appropriated for the department under sections 57, 58, and 59 of

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.257,

 

24.258, and 24.259, and section 203 of the legislative council act,

 

1986 PA 268, MCL 4.1203, are appropriated for all expenses

 

necessary to provide for the cost of publication and distribution.

 

     (3) Unexpended funds at the end of the fiscal year shall carry


forward to the subsequent fiscal year and not lapse to the general

 

fund.

 

     Sec. 226. (1) Not later than March 1, the department shall

 

submit a report to the subcommittees and the senate and house

 

fiscal agencies pertaining to licensing and regulatory programs

 

during the previous fiscal year for the following agencies:

 

     (a) Public service commission.

 

     (b) Liquor control commission.

 

     (c) Bureau of fire services.

 

     (d) Bureau of construction codes.

 

     (e) Corporations, securities, and commercial licensing bureau.

 

     (f) Bureau of professional licensing.

 

     (g) Bureau of community and health systems.

 

     (h) Michigan occupational safety and health administration.

 

     (2) The report shall be in a format that is consistent between

 

the agencies listed in subsection (1) and shall provide, but is not

 

limited to, the following information, as applicable, for each

 

agency in subsection (1):

 

     (a) Revenue generated by and expenditures disbursed for each

 

regulatory product.

 

     (b) Number of applications, both initial and renewal, for each

 

regulatory product.

 

     (c) Number of applications, both initial and renewal, approved

 

for each regulatory product.

 

     (d) Number of applications, both initial and renewal, denied

 

for each regulatory product.

 

     (e) Average amount of time, both tolled and untolled, to


approve or deny applications, both initial and renewal, for each

 

regulatory product.

 

     (f) Number of examinations proctored for initial applications

 

for each regulatory product.

 

     (g) Number of complaints received pertaining to each regulated

 

activity.

 

     (h) Number of investigations opened pertaining to each

 

regulated activity.

 

     (i) Number of investigations closed pertaining to each

 

regulated activity.

 

     (j) Average amount of time to close investigations pertaining

 

to each regulated activity.

 

     (k) Number of enforcement actions pertaining to each regulated

 

activity.

 

     (l) Number of administrative hearings pertaining to each

 

regulated activity.

 

     (m) Number of administrative hearing adjudications pertaining

 

to each regulated activity.

 

     (n) The type and amount of each fee charged to support each

 

regulated activity.

 

     (3) As used in subsection (2), "regulatory product" means

 

licensure, certification, registration, inspection, review,

 

permitting, approval, or any other regulatory service provided by

 

the agencies specified in subsection (1) for each regulated

 

activity. As used in this subsection and subsection (2), "regulated

 

activity" means the particular activities, entities, facilities,

 

and industries regulated by the agencies specified in subsection


(1).

 

     Sec. 227. It is the intent of the legislature that the

 

department establish an employee performance monitoring process

 

that is consistent throughout the department in addition to current

 

civil service commission evaluations. By April 1, the department

 

shall submit a report to the state budget office, the

 

subcommittees, and the 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.

 

 

 

ENERGY AND UTILITY PROGRAMS

 

     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.

 

     Sec. 302. In coordination with the state transportation

 

department and the public service commission, the Michigan agency

 

for energy shall prepare a study that assesses statewide optimal

 

siting locations for the deployment of direct current fast charging

 

stations. The study shall make location recommendations for direct

 

current fast charging siting based on predictions of future

 

electric vehicle usage, traffic patterns, electric vehicle

 

concentrations, vehicle range, and existing or planned charging

 


infrastructure deployment. The Michigan agency for energy shall

 

complete the study and make it available to the public not later

 

than September 30, 2019.

 

 

 

LIQUOR CONTROL COMMISSION

 

     Sec. 401. The liquor control commission shall utilize funds

 

appropriated from the liquor purchase revolving fund to invest in

 

technology upgrades in an effort to mitigate delays for issuing

 

licenses under section 503 of the Michigan liquor control code of

 

1998, 1998 PA 58, MCL 436.1503. It is the intent of the legislature

 

that the commission utilize free software to mitigate these delays,

 

if such a product is available.

 

     Sec. 402. (1) From the appropriations in part 1 from the

 

direct shipper enforcement 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. 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 and the subcommittees detailing the

 


commission's activities to investigate and audit the illegal

 

shipping of wine and the results of these activities. The report

 

shall include the following:

 

     (a) Work hours spent, specific actions undertaken, and the

 

number of FTEs dedicated to identify and stop 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, or number of

 

gallons 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).

 

     (f) Number of notices sent under subsection (3).

 

     (3) From the appropriations in part 1 from the direct shipper

 

enforcement 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:

 

Operation and maintenance inspection fee

 

   Facility type            Facility size            Fee

 

   Hospitals                     Any             $8.00 per bed

 

Plan review and construction inspection fees for

 

hospitals and schools

 

   Project cost range                                Fee

 

$101,000.00 or less                       minimum fee of $155.00

 

$101,001.00 to $1,500,000.00                 $1.60 per $1,000.00

 

$1,500,001.00 to $10,000,000.00              $1.30 per $1,000.00

 

$10,000,001.00 or more                       $1.10 per $1,000.00

 

                                 or a maximum fee of $60,000.00.

 


     Sec. 502. The funds collected by the department for licenses,

 

permits, and other elevator regulation fees set forth in the

 

Michigan Administrative Code and as determined under section 8 of

 

1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL

 

408.816, that are unexpended at the end of the fiscal year shall

 

carry forward to the subsequent fiscal year.

 

     Sec. 503. Not later than February 15, 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 number of honorably discharged veterans, individually

 

or if a majority interest of a corporation or limited liability

 

company, that were exempted from paying licensure, registration,

 

filing, or any other fees collected under each licensure or

 

regulatory program administered by the bureau of construction codes

 

and the corporations, securities, and commercial licensing bureau

 

during the preceding fiscal year.

 

     (b) The specific fees and total amount of revenue exempted

 

under each licensure or regulatory program administered by the

 

bureau of construction codes and the corporations, securities, and

 

commercial licensing bureau during the preceding fiscal year.

 

     (c) The actual costs of providing licensing and other

 

regulatory services to veterans exempted from paying licensure,

 

registration, filing, or any other fees during the preceding fiscal

 

year and a description of how these costs were calculated.

 

     (d) The estimated amount of revenue that will be exempted

 

under each licensure or regulatory program administered by the


bureau of construction codes and the corporations, securities, and

 

commercial licensing bureau in both the current and subsequent

 

fiscal years and a description of how the exempted revenue was

 

estimated.

 

     Sec. 505. Funds remaining in the homeowner construction lien

 

recovery fund are appropriated to the department for payment of

 

court-ordered homeowner construction lien recovery fund judgments

 

entered prior to August 23, 2010. Pursuant to available funds, the

 

payment of final judgments shall be made in the order in which the

 

final judgments were entered and began accruing interest.

 

     Sec. 507. The department shall submit a report 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 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 identification 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 identification cards for

 

approved renewal applications not issued within the time

 

requirements established in section 6 of the Michigan medical

 

marihuana act, 2008 IL 1, MCL 333.26426.

 

     (k) The number of registry identification cards issued to or

 

renewed for patients residing in each county as of September 30 of

 

the preceding fiscal year under the Michigan medical marihuana act,

 

2008 IL 1, MCL 333.26421 to 333.26430.

 

     (l) The amount collected from the medical marihuana program

 

application and renewal fees authorized in section 5 of the

 

Michigan medical marihuana act, 2008 IL 1, MCL 333.26425.

 

     (m) The costs of administering the medical marihuana program

 

under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421

 

to 333.26430.

 

     Sec. 508. If the revenue collected by the department for

 

health systems administration or radiological health administration

 

and projects from fees and collections exceeds the amount


appropriated in part 1, the revenue may be carried forward into the

 

subsequent fiscal year. The revenue carried forward under this

 

section shall be used as the first source of funds in the

 

subsequent fiscal year.

 

     Sec. 511. 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

 

the bureau of fire services during the preceding fiscal year.

 

     Sec. 513. (1) Beginning October 1, for the purpose of

 

defraying the costs associated with responding to false final

 

inspection appointments and to discourage the practice of calling

 

for final inspections when the project is incomplete or

 

noncompliant with a plan of correction previously provided by the

 

bureau of fire services, the bureau of fire services may assess a

 

fee not to exceed $200.00 for responding to 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. 515. (1) The department shall assess and collect fees in

 

the licensing and regulation of child care organizations, as

 

described in 1973 PA 116, MCL 722.111 to 722.128, and adult foster

 

care facilities, as described in the adult foster care facility

 

licensing act, 1979 PA 218, MCL 400.701 to 400.737.

 

     (2) The department shall report the total amount of fees

 

assessed and collected under subsection (1) during the preceding

 

fiscal year to the senate and house fiscal agencies not later than

 

December 1 and shall provide information requested by the senate

 

and house fiscal agencies as they consider necessary to shift

 

authorization equivalent to that amount from the general

 

fund/general purpose to a state restricted fund within the

 

department's budget for fiscal year 2019-2020.

 

     Sec. 517. The department shall submit a report on the Michigan

 

automated prescription system to the senate and house

 

appropriations committees and the senate and house fiscal agencies

 

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

 

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. 518. From the amount appropriated in part 1 for the

 

bureau of community and health systems, upon receipt of the order

 

of suspension of a licensed adult foster care home, home for the

 

aged, or nursing home, the department shall serve the facility and

 

provide contemporaneous notice to the offices of legislators

 

representing a district where the licensed facility is situated.

 

     Sec. 519. The department shall submit a report regarding the

 

medical marihuana facilities licensing and tracking program to the

 

standing committees on appropriations of the senate and house, the


senate and house fiscal agencies, and the state budget director by

 

March 1. The report shall include, but is not limited to, the

 

following:

 

     (a) The number of initial license applications received for

 

each license category.

 

     (b) The number of initial applications approved and the number

 

of initial license applications denied.

 

     (c) The average amount of time, from receipt to approval or

 

denial, to process an initial application.

 

     (d) The total number of license applications approved by

 

license category and by county.

 

     (e) The total amount collected from application fees.

 

     (f) The total amount collected from any established regulatory

 

assessment.

 

     (g) The costs of administering the medical marihuana

 

facilities licensing and tracking program.

 

 

 

EMPLOYMENT SERVICES

 

     Sec. 704. (1) The appropriation in part 1 for the bureau of

 

services for blind persons includes funds for case services. These

 

funds may be used for tuition payments for blind clients.

 

     (2) Revenue collected by the bureau of services for blind

 

persons and from private and local sources that is unexpended at

 

the end of the fiscal year may carry forward to the subsequent

 

fiscal year.

 

     Sec. 705. The bureau of services for blind persons shall work

 

collaboratively with service organizations and government entities

 


to identify qualified match dollars to maximize use of available

 

federal vocational rehabilitation funds.

 

     Sec. 707. The bureau of services for blind persons may provide

 

and enter into agreements to provide general services, training,

 

meetings, information, special equipment, software, facility use,

 

and technical consulting services to other principal executive

 

departments, state agencies, local units of government, the

 

judicial branch of government, other organizations, and patrons of

 

department facilities. The department may charge fees for these

 

services that are reasonably related to the cost of providing the

 

services. In addition to the funds appropriated in part 1, funds

 

collected by the department for these services are appropriated for

 

all expenses necessary. The funds appropriated under this section

 

are allotted for expenditure when they are received by the

 

department of treasury.

 

     Sec. 708. Funds received in excess of the appropriation in

 

part 1 for first responder presumed coverage claims from the first

 

responder presumed coverage fund are appropriated in an amount

 

sufficient to pay approved claims due in the current fiscal year

 

pursuant to section 405 of the worker's disability compensation act

 

of 1969, 1969 PA 317, MCL 418.405.

 

 

 

COMMISSIONS

 

     Sec. 800. If Byrne formula grant funding is awarded to the

 

Michigan indigent defense commission, the Michigan indigent defense

 

commission may receive and expend Byrne formula grant funds in an

 

amount not to exceed $250,000.00 as an interdepartmental grant from

 


the department of state police. The Michigan indigent defense

 

commission, created under section 5 of the Michigan indigent

 

defense commission act, 2013 PA 93, MCL 780.985, may receive and

 

expend federal grant funding from the United States Department of

 

Justice in an amount not to exceed $300,000.00 as other federal

 

grants.

 

     Sec. 801. 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 subcommittee 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.

 

     Sec. 802. The Michigan office for new Americans is to

 

coordinate with the Asian Pacific American affairs commission, the

 

Commission on Middle Eastern American affairs, and the

 

Hispanic/Latino commission of Michigan to produce a report by March

 

1 that is to be transmitted to the senate and house subcommittee

 

chairpersons, the senate and house fiscal agencies, and the state

 

budget director. The report shall include, but is not limited to,

 

the following:

 

     (a) Total number of people with whom each commission directly

 

interacts through programming.

 

     (b) Total number of public events that each commission


conducted.

 

     (c) Description of the activities that the commissions

 

initiated to promote cooperation between the commissions.

 

     (d) Total number of meetings that each commission held with

 

foreign diplomats.

 

     (e) Programmatic costs of each commission.

 

     Sec. 803. The Michigan indigent defense commission shall

 

identify and implement a system of performance metrics to assess

 

the provision of indigent defense services in Michigan relative to

 

national standards and benchmarks. The Michigan indigent defense

 

commission shall prepare an annual report to the governor, the

 

legislature, the Michigan supreme court, and the state budget

 

director on the performance metrics no later than September 30 of

 

each year.

 

     Sec. 805. An expenditure of funds appropriated in part 1 by

 

the Asian Pacific American affairs commission, the Commission on

 

Middle Eastern American affairs, or the Hispanic/Latino commission

 

of Michigan for a commission event must directly relate to the

 

mission statement of that commission.

 

 

 

DEPARTMENT GRANTS

 

     Sec. 902. (1) The department shall expend the funds

 

appropriated in part 1 for medical marihuana operation and

 

oversight grants for grants to county law enforcement offices for

 

the operation and oversight of the Michigan medical marihuana

 

program pursuant to section 6(l) of the Michigan medical marihuana

 

act, 2008 IL 1, MCL 333.26426. These grants shall be distributed

 


proportionately based on the number of registry identification

 

cards issued to or renewed for the residents of each county whose

 

county law enforcement office applied for a grant under subsection

 

(2). For the purposes of this subsection, operation and oversight

 

grants are for education, communication, and enforcement of the

 

Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to

 

333.26430.

 

     (2) Not later than December 1, the department shall post a

 

listing of potential grant money available to each county law

 

enforcement agency on its website. In addition, the department

 

shall work collaboratively with county law enforcement agencies,

 

the Michigan Sheriff's Association, and other representative law

 

enforcement organizations regarding the availability of these grant

 

funds. A county law enforcement agency requesting a grant shall

 

apply on a form developed by the department and available on the

 

website. The form shall contain the county law enforcement agency's

 

specific projected plan for use of the money and its agreement to

 

maintain all records and to submit documentation to the department

 

to support the use of the grant money.

 

     (3) In order to be eligible to receive a grant under

 

subsection (1), a county law enforcement agency shall apply not

 

later than January 1 and agree to report how the grant was expended

 

and 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.

 

     (4) County law enforcement agencies may distribute

 

discretionary grants made under subsection (1) to municipal law

 

enforcement agencies for the operation and oversight of the

 

Michigan medical marihuana program pursuant to section 6(l) of the

 

Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a

 

county law enforcement agency distributes a discretionary grant in

 

this manner, that county law enforcement agency shall require the

 

receiving municipal law enforcement agency to provide a report on

 

how that grant was spent. Reports from municipal law enforcement

 

agencies shall be included as part of the report submitted to the

 

department as required in subsection (3).

 

     Sec. 903. (1) The amount appropriated in part 1 for

 

firefighter training grants shall only be expended for payments to

 

counties to reimburse organized fire departments for firefighter

 

training and other activities required under the firefighters

 

training council act, 1966 PA 291, MCL 29.361 to 29.377.

 

     (2) If the amount appropriated in part 1 for firefighter

 

training grants is expended by the firefighter training council,

 

established in section 3 of the firefighters training council act,

 

1966 PA 291, MCL 29.363, for payments to counties under section 14

 

of the firefighters training council act, 1966 PA 291, MCL 29.374,

 

it is the intent of the legislature that:

 

     (a) The amount appropriated in part 1 for firefighter training

 

grants shall be allocated pursuant to section 14(2) of the

 

firefighters training council act, 1966 PA 291, MCL 29.374.

 

     (b) If the amount allocated to any county under subdivision


(a) is less than $5,000.00, the amounts disbursed to each county

 

under subdivision (a) shall be adjusted to provide for a minimum

 

payment of $5,000.00 to each county.

 

     (3) 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 firefighter

 

training council for allocation to each county.

 

     (c) The amount of the payments actually expended or encumbered

 

within each county.

 

     (d) A description of any other payments or expenditures made

 

under the authority of the firefighter training council.

 

     (e) The amount of payments approved for allocations to

 

counties that was not expended or encumbered and lapsed back to the

 

fireworks safety fund.

 

     Sec. 904. (1) The funds appropriated in part 1 for a regional

 

or subregional library shall not be released until a budget for

 

that regional or subregional library has been approved by the

 

department for expenditures for library services directly serving

 

the blind and persons with disabilities.

 

     (2) In order to receive subregional state aid as appropriated


in part 1, a regional or subregional library's fiscal agency shall

 

agree to maintain local funding support at the same level in the

 

current fiscal year as in the fiscal agency's preceding fiscal

 

year. If a reduction in expenditures equally affects all agencies

 

in a local unit of government that is the regional or subregional

 

library's fiscal agency, that reduction shall not be interpreted as

 

a reduction in local support and shall not disqualify a regional or

 

subregional library from receiving state aid under part 1. If a

 

reduction in income affects a library cooperative or district

 

library that is a regional or subregional library's fiscal agency

 

or a reduction in expenditures for the regional or subregional

 

library's fiscal agency, a reduction in expenditures for the

 

regional or subregional library shall not be interpreted as a

 

reduction in local support and shall not disqualify a regional or

 

subregional library from receiving state aid under part 1.

 

     Sec. 905. (1) Funds appropriated in part 1 for Michigan

 

indigent defense commission grants shall not be distributed to any

 

local indigent defense systems unless the total amount appropriated

 

for those grants from state resources in part 1, a subsequent

 

appropriations act for the current fiscal year, or both, are equal

 

to the total cost for all indigent defense systems to comply with

 

approved standards under the Michigan indigent defense commission

 

act, 2013 PA 93, MCL 780.981 to 780.1003.

 

     (2) It is the intent of the legislature that local indigent

 

defense systems are not required to take any additional action to

 

comply with plans approved by the Michigan indigent defense

 

commission until the total cost is appropriated and grants are


distributed, as prescribed under section 17 of the Michigan

 

indigent defense commission act, 2013 PA 93, MCL 780.997. The

 

legislature further intends to comply with section 13(6) of the

 

Michigan indigent defense commission act, 2013 PA 93, MCL 780.993,

 

which provides that the legislature shall appropriate to the

 

Michigan indigent defense commission the additional funds necessary

 

to provide grants to indigent criminal defense systems to meet and

 

maintain minimum standards established by the commission.

 

     (3) As used in this section, "total cost" means the sum total

 

of cost analyses for all indigent defense systems in this state

 

that were either approved by the Michigan indigent defense

 

commission or settled upon under the dispute resolution process

 

described in section 15 of the Michigan indigent defense commission

 

act, 2013 PA 93, MCL 780.995.

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