SB-0286, As Passed House, June 17, 2003
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 286
A bill to make appropriations for the department of consumer and
industry services and certain other state purposes for the fiscal year
ending September 30, 2004; to provide for the expenditure of those
appropriations; to provide for the imposition of certain fees; to
provide for the disposition of fees and other income received by the
state agencies; to provide for reports to certain persons; and to
prescribe powers and duties of certain state departments and certain
state and local agencies and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 PART 1
2 LINE-ITEM APPROPRIATIONS
3 Sec. 101. The amounts listed in this part are appropriated for
4 the department of consumer and industry services, subject to the
5 conditions set forth in this act, for the fiscal year ending
6 September 30, 2004, from the funds identified in this part. The
1 following is a summary of the appropriations in this part:
2 DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
3 APPROPRIATION SUMMARY:
4 Full-time equated unclassified positions.......63.5
5 Full-time equated classified positions......3,472.0
6 GROSS APPROPRIATION................................. $ 603,591,700
7 Interdepartmental grant revenues:
8 Total interdepartmental grants and intradepartmental
9 transfers......................................... 111,100
10 ADJUSTED GROSS APPROPRIATION........................ $ 603,480,600
11 Federal revenues:
12 Total federal revenues.............................. 283,831,500
13 Special revenue funds:
14 Total local revenues................................ 0
15 Total private revenues.............................. 770,000
16 Total other state restricted revenues............... 298,694,400
17 State general fund/general purpose.................. $ 20,184,700
18 Sec. 102. EXECUTIVE DIRECTION
19 Full-time equated unclassified positions.......63.5
20 Full-time equated classified positions........142.0
21 Unclassified salaries............................... $ 5,568,200
22 Energy office--9.0 FTE positions.................... 2,654,200
23 Executive director programs--27.0 FTE positions..... 2,881,400
24 Policy development--16.0 FTE positions.............. 1,746,800
25 Utility consumer representation..................... 550,000
26 Regulatory efficiency improvements/backlog reduction
27 initiative........................................ 750,000
1 MES board of review program--18.0 FTE positions..... 1,773,900
2 Bureau of hearings--72.0 FTE positions.............. 8,070,800
3 GROSS APPROPRIATION................................. $ 23,995,300
4 Appropriated from:
5 Federal revenues:
6 DOE-OEERE, multiple grants.......................... 2,179,100
7 DOL-ETA, unemployment insurance..................... 8,518,400
8 DOL, multiple grants for safety and health.......... 160,300
9 Special revenue funds:
10 Private-oil overcharge.............................. 30,000
11 Bank fees........................................... 165,200
12 Boiler fee revenue.................................. 33,500
13 Construction code fund.............................. 438,800
14 Consumer finance fees............................... 61,200
15 Corporation fees.................................... 2,178,500
16 Credit union fees................................... 112,700
17 Elevator fees....................................... 37,400
18 Fees and collections/asbestos....................... 11,100
19 Health professions regulatory fund.................. 1,277,800
20 Health systems fees and collections................. 184,300
21 Insurance regulatory fees........................... 531,900
22 Licensing and regulation fees....................... 742,600
23 Liquor license fees................................. 100,000
24 Liquor purchase revolving fund...................... 1,594,100
25 Manufactured housing commission fees................ 272,800
26 Michigan state housing development authority fees
27 and charges....................................... 444,100
1 Motor carrier fees.................................. 36,100
2 Public utility assessments.......................... 1,296,600
3 Safety education and training fund.................. 226,200
4 Second injury fund.................................. 82,300
5 Securities fees..................................... 2,094,800
6 Self-insurers security fund......................... 22,300
7 Silicosis and dust disease fund..................... 32,700
8 Tax tribunal fees................................... 1,100
9 Utility consumer representation fund................ 550,000
10 Worker's compensation administrative revolving fund. 80,800
11 State general fund/general purpose.................. $ 498,600
12 Sec. 103. MANAGEMENT SERVICES
13 Full-time equated classified positions........136.0
14 Administrative services--136.0 FTE positions........ $ 9,982,600
15 Building occupancy charges - property development
16 services.......................................... 12,727,400
17 Rent................................................ 12,884,100
18 Worker's compensation............................... 1,714,000
19 Special project advances............................ 740,000
20 GROSS APPROPRIATION................................. $ 38,048,100
21 Appropriated from:
22 Federal revenues:
23 DOL-ETA, unemployment insurance..................... 14,835,100
24 DOL, multiple grants for safety and health.......... 610,700
25 Federal funds....................................... 418,000
26 HHS, federal funds.................................. 45,600
27 Special revenue funds:
1 Private-special project advances.................... 740,000
2 Bank fees........................................... 439,800
3 Boiler fee revenue.................................. 227,600
4 Construction code fund.............................. 1,217,900
5 Consumer finance fees............................... 162,500
6 Corporation fees.................................... 3,048,100
7 Credit union fees................................... 324,500
8 Elevator fees....................................... 242,500
9 Fees and collections/asbestos....................... 52,600
10 Fire service fees................................... 62,000
11 Health professions regulatory fund.................. 963,200
12 Health systems fees and collections................. 343,300
13 Insurance regulatory fees........................... 776,000
14 Licensing and regulation fees....................... 947,500
15 Licensing fees...................................... 5,800
16 Liquor purchase revolving fund...................... 3,929,300
17 Manufactured housing commission fees................ 319,300
18 Michigan state housing development authority fees
19 and charges....................................... 3,078,900
20 Motor carrier fees.................................. 209,200
21 Public utility assessments.......................... 1,293,300
22 Safety education and training fund.................. 539,600
23 Second injury fund.................................. 185,700
24 Securities fees..................................... 2,196,100
25 Self-insurers security fund......................... 50,800
26 Silicosis and dust disease fund..................... 75,200
27 Tax tribunal fees................................... 33,100
1 Worker's compensation administrative revolving fund. 674,900
2 State general fund/general purpose.................. $ 0
3 Sec. 104. OFFICE OF FINANCIAL AND INSURANCE
4 SERVICES
5 Full-time equated classified positions........254.0
6 Administration--8.0 FTE positions................... $ 2,583,300
7 Financial evaluation--133.0 FTE positions........... 18,076,100
8 Policy conduct and consumer assistance--113.0 FTE
9 positions......................................... 12,158,900
10 GROSS APPROPRIATION................................. $ 32,818,300
11 Appropriated from:
12 Federal revenues:
13 Federal regulatory project revenue.................. 50,400
14 Special revenue funds:
15 Bank fees........................................... 6,147,300
16 Consumer finance fees............................... 3,102,000
17 Credit union fees................................... 4,292,200
18 Insurance continuing education fees................. 700,900
19 Insurance licensing and regulation fees............. 3,112,000
20 Insurance regulatory fees........................... 12,721,700
21 Multiple employer welfare arrangement............... 65,700
22 Securities fees..................................... 2,626,100
23 State general fund/general purpose.................. $ 0
24 Sec. 105. PUBLIC SERVICE COMMISSION
25 Full-time equated classified positions........138.0
26 Administration, planning and regulation--138.0 FTE
27 positions......................................... $ 16,687,500
1 Low-income/energy efficiency assistance fund........ 57,000,000
2 GROSS APPROPRIATION................................. $ 73,687,500
3 Appropriated from:
4 Federal revenues:
5 DOE-OEERE, multiple grants.......................... 149,000
6 DOT-RSPA, gas pipeline safety....................... 285,900
7 Special revenue funds:
8 Low-income and energy efficiency assistance fund.... 57,000,000
9 Motor carrier fees.................................. 1,856,600
10 Public utility assessments.......................... 14,396,000
11 State general fund/general purpose.................. $ 0
12 Sec. 106. LIQUOR CONTROL COMMISSION
13 Full-time equated classified positions........152.0
14 Management support services--28.0 FTE positions..... $ 2,709,300
15 Liquor licensing and enforcement--124.0 FTE
16 positions......................................... 10,968,000
17 Liquor law enforcement grants....................... 6,000,000
18 Grant to department of agriculture, wine industry
19 council........................................... 457,200
20 GROSS APPROPRIATION................................. $ 20,134,500
21 Appropriated from:
22 Special revenue funds:
23 Liquor license revenue.............................. 11,076,700
24 Liquor purchase revolving fund...................... 8,600,600
25 Non-retail liquor license revenue................... 457,200
26 State general fund/general purpose.................. $ 0
27 Sec. 107. MICHIGAN STATE HOUSING DEVELOPMENT
1 AUTHORITY
2 Full-time equated classified positions........232.0
3 Payments on behalf of tenants....................... $ 120,000,000
4 Housing and rental assistance program--232.0 FTE
5 positions......................................... 30,337,800
6 GROSS APPROPRIATION................................. $ 150,337,800
7 Appropriated from:
8 Federal revenues:
9 HUD, lower income housing assistance program........ 136,280,900
10 Special revenue funds:
11 Michigan state housing development authority fees
12 and charges....................................... 14,056,900
13 State general fund/general purpose.................. $ 0
14 Sec. 108. TAX TRIBUNAL
15 Full-time equated classified positions.........12.0
16 Operations--12.0 FTE positions...................... $ 1,276,000
17 GROSS APPROPRIATION................................. $ 1,276,000
18 Appropriated from:
19 Special revenue funds:
20 Tax tribunal fees................................... 640,500
21 State general fund/general purpose.................. $ 635,500
22 Sec. 109. GRANTS
23 Fire protection grants.............................. $ 15,839,000
24 GROSS APPROPRIATION................................. $ 15,839,000
25 Appropriated from:
26 Special revenue funds:
27 Liquor purchase revolving fund...................... 15,839,000
1 State general fund/general purpose.................. $ 0
2 Sec. 110. HEALTH REGULATORY SYSTEMS
3 Full-time equated classified positions........336.0
4 Health systems administration--184.0 FTE positions.. $ 17,180,700
5 Emergency medical services program state staff--7.0
6 FTE positions..................................... 904,600
7 Radiological health administration and
8 projects--25.0 FTE positions...................... 2,023,600
9 Substance abuse program administration--4.0 FTE
10 positions......................................... 397,800
11 Emergency medical services grants and contracts..... 1,046,100
12 Health services--116.0 FTE positions................ 14,207,000
13 GROSS APPROPRIATION................................. $ 35,759,800
14 Appropriated from:
15 Federal revenues:
16 Federal funds....................................... 12,952,400
17 Special revenue funds:
18 Pain management education and controlled substances,
19 electronic monitoring and anti-diversion fund..... 1,362,300
20 Health professions regulatory fund.................. 11,333,700
21 Health systems fees and collections................. 4,468,500
22 Nurse professional fund............................. 823,100
23 State general fund/general purpose.................. $ 4,819,800
24 Sec. 111. REGULATORY SERVICES
25 Full-time equated classified positions........219.0
26 AFC, children's welfare and day care
27 licensure--219.0 FTE positions.................... $ 22,980,200
1 GROSS APPROPRIATION................................. $ 22,980,200
2 Appropriated from:
3 Federal revenues:
4 HHS, federal funds.................................. 11,093,700
5 Special revenue funds:
6 Health systems fees and collections................. 94,200
7 Licensing fees...................................... 490,500
8 State general fund/general purpose.................. $ 11,301,800
9 Sec. 112. OCCUPATIONAL REGULATION
10 Full-time equated classified positions........389.0
11 Commissions and boards.............................. $ 49,700
12 Code enforcement--157.0 FTE positions............... 13,757,800
13 Boiler inspection program--23.0 FTE positions....... 2,195,200
14 Elevator inspection program--27.0 FTE positions..... 2,280,400
15 Commercial services--149.0 FTE positions............ 13,993,400
16 Local manufactured housing communities inspections.. 250,000
17 Manufactured housing and land resources
18 program--22.0 FTE positions....................... 2,625,000
19 Property development group--11.0 FTE positions...... 1,338,700
20 Remonumentation grants.............................. 6,000,000
21 GROSS APPROPRIATION................................. $ 42,490,200
22 Appropriated from:
23 Interdepartmental grant revenues:
24 IDG from department of community health, inspection
25 contract.......................................... 111,100
26 Federal revenues:
27 Federal funds....................................... 872,300
1 Special revenue funds:
2 Boiler fee revenue.................................. 2,344,000
3 Construction code fund.............................. 13,164,000
4 Corporation fees.................................... 4,837,100
5 Elevator fees....................................... 2,389,800
6 Homeowner construction lien recovery fund........... 1,532,800
7 Licensing and regulation fees....................... 7,843,100
8 Limited liability partnership revenue............... 10,000
9 Manufactured housing commission fees................ 2,276,900
10 Property development fees........................... 241,300
11 Remonumentation fees................................ 6,605,300
12 Real estate appraiser continuing education fund..... 45,000
13 Real estate education fund.......................... 217,500
14 State general fund/general purpose.................. $ 0
15 Sec. 113. EMPLOYMENT RELATIONS
16 Full-time equated classified positions.........25.0
17 Fact finding and arbitration........................ $ 137,000
18 Employment and labor relations--25.0 FTE positions.. 2,774,300
19 GROSS APPROPRIATION................................. $ 2,911,300
20 Appropriated from:
21 Federal revenues:
22 EEOC, federal funds................................. 10,000
23 State general fund/general purpose.................. $ 2,901,300
24 Sec. 114. SAFETY AND REGULATION
25 Full-time equated classified positions........229.0
26 Commissions and boards.............................. $ 21,400
27 Subgrantees......................................... 1,226,900
1 Occupational safety and health--229.0 FTE positions. 21,209,800
2 GROSS APPROPRIATION................................. $ 22,458,100
3 Appropriated from:
4 Federal revenues:
5 DOL, multiple grants for safety and health.......... 10,366,100
6 Special revenue funds:
7 Corporation fees.................................... 1,851,300
8 Fees and collections/asbestos....................... 704,300
9 Licensing and regulation fees....................... 1,000,000
10 Safety education and training fund.................. 6,685,300
11 Securities fees..................................... 1,851,100
12 State general fund/general purpose.................. $ 0
13 Sec. 115. BUREAU OF WORKER'S AND UNEMPLOYMENT
14 COMPENSATION
15 Full-time equated classified positions......1,208.0
16 Administration--96.6 FTE positions.................. $ 8,130,100
17 Appellate commission administration--11.4 FTE
18 positions......................................... 435,300
19 Board of magistrates administration--8.0 FTE
20 positions......................................... 1,916,800
21 Employment standards enforcement--31.0 FTE positions 2,194,300
22 Insurance funds administration--28.0 FTE positions.. 5,500,800
23 Supplemental benefit fund........................... 1,300,000
24 Grant to department of career development, hire the
25 handicapped program............................... 50,000
26 Unemployment program--955.7 FTE positions........... 67,980,300
27 Advocacy assistance program--8.0 FTE positions...... 1,500,000
1 Expanded fraud control program--33.2 FTE positions.. 2,566,200
2 Special audit and collections program--34.0 FTE
3 positions......................................... 2,245,900
4 Training program for agency staff--2.1 FTE positions 1,756,400
5 GROSS APPROPRIATION................................. $ 95,576,100
6 Appropriated from:
7 Federal revenues:
8 DOL-ETA, employment and training administration..... 529,200
9 DOL-ETA, unemployment insurance..................... 69,786,100
10 Federal Reed act funds.............................. 4,233,500
11 Special revenue funds:
12 Corporation fees.................................... 1,804,000
13 Contingent fund, penalty and interest account....... 8,933,700
14 Licensing and regulation fees....................... 650,000
15 Second injury fund.................................. 3,021,500
16 Securities fees..................................... 1,803,900
17 Self-insurers security fund......................... 1,386,500
18 Silicosis and dust disease fund..................... 1,142,800
19 Worker's compensation administrative revolving fund. 2,115,400
20 State general fund/general purpose.................. $ 169,500
21 Sec. 116. INFORMATION TECHNOLOGY
22 Information technology services and projects........ $ 25,479,600
23 GROSS APPROPRIATION................................. $ 25,479,600
24 Appropriated from:
25 Federal revenues:
26 DOL-ETA, unemployment insurance..................... 10,360,300
27 DOL, multiple grants for safety and health.......... 38,000
1 Federal funds....................................... 56,500
2 Special revenue funds:
3 Bank fees........................................... 223,800
4 Boiler fee revenue.................................. 94,300
5 Construction code fund.............................. 724,600
6 Consumer finance fees............................... 85,800
7 Contingent fund, penalty and interest account....... 122,800
8 Corporation fees.................................... 1,672,100
9 Credit union fees................................... 157,900
10 Elevator fees....................................... 89,800
11 Fees and collections/asbestos....................... 17,500
12 Health professions regulatory fund.................. 484,800
13 Health systems fees and collections................. 244,500
14 Insurance regulatory fees........................... 471,700
15 Licensing and regulation fees....................... 979,700
16 Liquor purchase revolving fund...................... 4,270,300
17 Manufactured housing commission fees................ 47,500
18 Michigan state housing development authority fees
19 and charges....................................... 1,182,400
20 Motor carrier fees.................................. 164,700
21 Public utility assessments.......................... 1,092,200
22 Safety education and training fund.................. 178,200
23 Second injury fund.................................. 215,300
24 Securities fees..................................... 1,410,900
25 Self-insurers security fund......................... 76,800
26 Silicosis and dust disease fund..................... 99,600
27 Worker's compensation administrative revolving fund. 859,300
1 State general fund/general purpose.................. $ 58,300
2 Sec. 117. ADMINISTRATIVE SAVINGS
3 Administrative savings.............................. $ (200,100)
4 GROSS APPROPRIATION................................. $ (200,100)
5 Appropriated from:
6 State general fund/general purpose.................. $ (200,100)
7 PART 2
8 PROVISIONS CONCERNING APPROPRIATIONS
9 GENERAL SECTIONS
10 Sec. 201. Pursuant to section 30 of article IX of the state
11 constitution of 1963, total state spending from state resources under
12 part 1 for fiscal year 2003-2004 is $318,879,100.00 and state spending
13 from state resources to be paid to local units of government for
14 fiscal year 2003-2004 is $29,315,900.00. The itemized statement below
15 identifies appropriations from which spending to units of local
16 government will occur:
17 DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
18 Fire protection grants.............................. $ 15,839,000
19 Liquor law enforcement.............................. 6,000,000
20 Local manufactured housing inspections.............. 250,000
21 Remonumentation grants.............................. 6,000,000
22 Subgrantees......................................... 1,226,900
23 Total department of consumer and industry services.. $ 29,315,900
24 Sec. 202. The appropriations authorized under this act are
25 subject to the management and budget act, 1984 PA 431, MCL 18.1101 to
1 18.1594.
2 Sec. 203. As used in this appropriation act:
3 (a) "AFC" means adult foster care.
4 (b) "Department" means the department of consumer and industry
5 services.
6 (c) "DOE" means the United States department of energy.
7 (d) "DOE-OEERE" means the DOE office of energy efficiency and
8 renewable energy.
9 (e) "DOL" means the United States department of labor.
10 (f) "DOL-ETA" means the DOL employment and training administration.
11 (g) "DOT" means the United States department of transportation.
12 (h) "DOT-RSPA" means the DOT research and special programs
13 administration.
14 (i) "EEOC" means equal employment opportunity commission.
15 (j) "Fiscal agencies" means Michigan house fiscal agency and
16 Michigan senate fiscal agency.
17 (k) "FTE" means full-time equated.
18 (l) "HHS" means the United States department of health and human
19 services.
20 (m) "HUD" means the United States department of housing and urban
21 development.
22 (n) "IDG" means interdepartmental grant.
23 (o) "MES" means Michigan employment security.
24 (p) "Subcommittees" means all members of the subcommittees
25 of the house and senate appropriations committees with jurisdiction over
26 the
27 budget for the department.
1 Sec. 204. The department of civil service shall bill departments
2 and agencies at the end of the first fiscal quarter for the 1% charge
3 authorized by section 5 of article XI of the state constitution of
4 1963. Payments shall be made for the total amount of the billing by
5 the end of the second fiscal quarter.
6 Sec. 205. (1) A hiring freeze is imposed on the state classified
7 civil service. State departments and agencies are prohibited from
8 hiring any new full-time state classified civil service employees and
9 prohibited from filling any vacant state classified civil service
10 positions. This hiring freeze does not apply to internal transfers of
11 classified employees from 1 position to another within a department or
12 state classified civil service positions funded by federal funds.
13 (2) The state budget director shall grant exceptions to this
14 hiring freeze when the state budget director believes that the hiring
15 freeze will result in rendering a state department or agency unable to
16 deliver basic services, cause a loss of revenue to the state, result
17 in the inability of the state to receive federal funds, or would
18 necessitate additional expenditures that exceed any savings from
19 maintaining a vacancy. The state budget director shall report
20 quarterly to the chairpersons of the senate and house of
21 representatives standing committees on appropriations the number of
22 exceptions to the hiring freeze approved during the previous month and
23 the reasons to justify the exception.
24 Sec. 207. At least 60 days before beginning any effort to
25 privatize, the department shall submit a complete project plan to the
26 subcommittees and the fiscal agencies. The plan shall include the
27 criteria under which the privatization initiative will be evaluated.
1 The evaluation shall be completed and submitted to the fiscal agencies
2 and to the subcommittees within 30 months.
3 Sec. 208. Unless otherwise specified, the department shall use
4 the Internet to fulfill the reporting requirements of this act. This
5 may include transmission of reports via electronic mail to the
6 recipients identified for each reporting requirement or it may include
7 placement of reports on the Internet or Intranet site.
8 Sec. 209. Funds appropriated in part 1 shall not be used for the
9 purchase of foreign goods or services, or both, if competitively
10 priced and of comparable quality American goods or services, or both,
11 are available. Preference should be given to goods or services or
12 both manufactured or provided by Michigan businesses if they are
13 competitively priced and of comparable value.
14 Sec. 210. The director of each department receiving
15 appropriations in part 1 is encouraged to take all reasonable steps to
16 ensure businesses in deprived and depressed communities compete for
17 and perform contracts to provide services or supplies, or both. Each
18 director will strongly encourage firms with which the department
19 contracts to subcontract with certified businesses in depressed and
20 deprived communities for services, supplies, or both.
21 Sec. 211. The department shall establish and maintain
22 affirmative action programs based on guidelines developed by the state
23 equal opportunity workforce planning council which was created by
24 Executive Order No. 1996-13 in order to receive general fund/general
25 purpose dollars.
26 Sec. 212. The departments and state agencies receiving
27 appropriations under this act shall receive and retain copies of all
1 reports funded from appropriations in part 1. These departments and
2 state agencies shall follow federal and state guidelines for
3 short-term and long-term retention of these reports and records.
4 Sec. 213. From the funds appropriated in part 1 for information
5 technology, the department shall pay user fees to the department of
6 information technology for technology-related services and projects.
7 Such user fees shall be subject to provisions of an interagency
8 agreement between the department and the department of information
9 technology.
10 Sec. 214. Amounts appropriated in part 1 for information
11 technology may be designated as work projects and carried forward to
12 support technology projects under the direction of the department of
13 information technology. Funds designated in this manner are not
14 available for expenditure until approved as work projects under
15 section 451a of the management and budget act, 1984 PA 431,
16 MCL 18.1451a.
17 DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
18 Sec. 301. The appropriation in part 1 for fire protection grants
19 from the liquor purchase revolving fund shall be appropriated to
20 cities, villages, and townships with state-owned facilities for fire
21 services, instead of taxes, in accordance with 1977 PA 289,
22 MCL 141.951 to 141.956.
23 Sec. 302. The funds collected by the office of financial and
24 insurance services in connection with a conservatorship pursuant to
25 section 32 of the mortgage brokers, lenders, and servicers licensing
26 act, 1987 PA 173, MCL 445.1682, shall be appropriated for all expenses
1 necessary to provide for the required services. Funds are available
2 for expenditure when they are received by the department of treasury
3 and shall not lapse to the general fund at the end of the fiscal
4 year.
5 Sec. 303. The funds collected by the department from
6 corporations being liquidated pursuant to the insurance code of 1956,
7 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated for all
8 expenses necessary to provide for the required services. Funds are
9 available for expenditure when they are received by the department of
10 treasury and shall not lapse to the general fund at the end of the
11 fiscal year.
12 Sec. 304. The department may make available to interested
13 entities otherwise unavailable customized listings of nonconfidential
14 information in its possession, such as names and addresses of
15 licensees, and charge for this information as follows: base fee for 1
16 to 1,000 records at the cost to the department; 1,001 to 10,000
17 records at 2.5 cents per record; and 10,001 or more records at .5
18 cents per record. The revenue received from this service may be used
19 to offset expenses of programs as appropriated in part 1. The balance
20 of this revenue collected and unexpended at the end of the fiscal year
21 shall revert to the appropriate restricted revenue account or fund or,
22 in absence of such an account or fund, to the general fund. The
23 department shall submit an annual report on or before December 1 of
24 each year to the state budget office and the subcommittees that states
25 the amount of revenue received from the sale of information.
26 Sec. 306. The Michigan state housing development authority shall
27 annually present a report to the state budget office and the
Senate Bill No. 286 (H-1) as amended June 17, 2003 (1 of 2)
1 subcommittees on the status of the authority's housing production
2 goals under all financing programs established or administered by the
3 authority. The report shall give special attention to efforts to
4 raise affordable multifamily housing production goals.
5 Sec. 307. The department shall assess and collect fees in the
6 licensing and regulation of child care organizations as defined in
7 1973 PA 116, MCL 722.111 to 722.128, and adult foster care facilities
8 as defined in the adult foster care facility licensing act, 1979
9 PA 218, MCL 400.701 to 400.737. Fees collected by the department
10 shall be used exclusively for the purpose of licensing and regulating
11 child care organizations and adult foster care facilities.
[Sec. 308. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in R 408.8151 of 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. The department shall submit a report on an annual basis to the state budget office and the subcommittees on the amount of funds available under this section.
Sec. 309. If the revenue collected by the department for occupational safety and health, 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.]
12 Sec. 310. Money appropriated under this act for fire safety
13 programs shall not be expended unless, in accordance with section 2c
14 of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and
15 plan review fees will be charged according to the following schedule:
16 Operation and maintenance inspection fee
17 Facility type Facility
18 size Fee
19 Hospitals Any $8.00 per bed
20 Plan review and construction inspection fees for hospitals and schools
21 Project cost range Fee
22 $101,000.00 or less minimum fee of $155.00
23 $101,001.00 to $1,500,000.00 $1.60 per $1,000.00
24 $1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00
25 $10,000,001.00 or more $1.10 per $1,000.00
26 or a maximum fee of $60,000.00.
27 Sec. 311. The department shall furnish the clerk of the house,
28 the secretary of the senate, the state budget office, and all members
29 of the house and senate appropriations committees with a summary of
Senate Bill No. 286 (H-1) as amended June 17, 2003
1 any evaluation reports and subsequent approvals or disapprovals of
2 juvenile residential facilities operated by the family independence
3 agency, as required by section 6 of 1973 PA 116, MCL 722.116. If no
4 evaluations are conducted during the fiscal year, the department shall
5 notify the fiscal agencies and all members of the appropriate
6 subcommittees of the house and senate appropriations committees.
7 Sec. 312. (1) From the amount appropriated in part 1 to health
8 systems administration, the department shall provide funding for not
9 less than 113 inspectors to annually survey and investigate the care
10 and services delivered in nursing homes, county medical care
11 facilities, and hospital long-term care units in accordance with
12 provisions in the public health code, 1978 PA 368, MCL 333.1101 to
13 333.25211, and federal Medicare and Medicaid certification standards.
14 (2) The department, in keeping with the severity of the
15 allegations, shall investigate complaints alleging poor care and
16 services occurring on nights or weekends in nursing homes, county
17 medical care facilities, and hospital long-term care units by
18 conducting on-site investigations on nights or weekends.
[Sec. 313. If the revenue collected by the department from licensing and regulation fees 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.]
19 Sec. 314. Funds earned or authorized by the United States
20 department of labor in excess of the gross appropriation in part 1 for
21 the bureau of worker's and unemployment compensation from the United
22 States department of labor are appropriated and may be expended for
23 staffing and related expenses incurred in the operation of its
24 programs. These funds may be spent after the department notifies the
25 state budget office and the subcommittees of the purpose and amount of
26 each grant award.
27 Sec. 315. The department shall sell documents at a price not to
1 exceed the cost of production and distribution. Money received from
2 the sale of these documents shall revert to the department. The funds
3 are available for expenditure when they are received by the department
4 of treasury and may only be used for costs directly related to the
5 continued updating and distribution of the documents pursuant to this
6 section. This section applies only for the following documents:
7 (a) Corporation and securities division documents, reports, and
8 papers required or permitted by law pursuant to section 1060(5) of the
9 business corporation act, 1972 PA 284, MCL 450.2060.
10 (b) The subdivision control manual, the state boundary commission
11 operations manual, and other local government assistance manuals.
12 (c) The Michigan liquor control code of 1998, 1998 PA 58,
13 MCL 436.1101 to 436.2303.
14 (d) The mobile home commission act, 1987 PA 96, MCL 125.2301 to
15 125.2349; the business corporation act, 1972 PA 284, MCL 450.1101 to
16 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
17 450.3192; and the uniform securities act, 1964 PA 265, MCL 451.501 to
18 451.818.
19 (e) Labor law books.
20 (f) Worker's compensation health care services rules.
21 (g) Minimum design standards for health care facilities.
22 (h) Construction code manuals.
23 (i) Copies of transcripts from administrative law hearings.
24 Sec. 316. The department shall provide electronic notification
25 to the state budget office, the fiscal agencies, and the subcommittees
26 on April 30 and October 31 on the initial and follow-up surveys
27 conducted on all nursing homes in this state. The notification shall
1 contain the location of the Internet site where the report is posted.
2 The report shall include all of the following information:
3 (a) The number of surveys conducted.
4 (b) The number requiring follow-up surveys.
5 (c) The number referred to the Michigan public health institute
6 for remediation.
7 (d) The number of citations per home.
8 (e) The number of night and weekend complaints filed.
9 (f) The number of night and weekend responses to complaints
10 conducted by the department.
11 (g) The average length of time for the department to respond to a
12 complaint filed against a nursing home.
13 (h) The number and percentage of citations appealed.
14 (i) The number and percentage of citations overturned and/or
15 modified.
16 Sec. 317. The department, bureau of safety and regulation, shall
17 provide an annual report by February 1 of each year to the state
18 budget office, the fiscal agencies, and the subcommittees on the
19 number of individuals killed and the number of individuals injured on
20 the job within industries regulated by the bureau during the most
21 recent year for which data are available.
22 Sec. 318. The department shall report by November 1 to the state
23 budget office, the legislature, and the fiscal agencies the status of
24 the nursing home complaint investigation backlog.
25 Sec. 319. As a condition for receiving the general fund/general
26 purpose appropriations in part 1 for health systems administration,
27 the department shall provide assistance to any person making an oral
1 request for a nursing home investigation in putting his or her request
2 into writing, shall initiate investigations on all written nursing
3 home complaints filed with the department within 15 days of receipt of
4 the complaint, and shall provide a written response to the complainant
5 within 30 days of receipt of the written complaint.
6 Sec. 320. The bureau of worker's and unemployment compensation,
7 during its transition to the remote initial claims system, may operate
8 a sufficient number of unemployment agency offices, including
9 itinerant or satellite offices, within Michigan's Upper Peninsula to
10 ensure that the citizens of the Upper Peninsula can access these
11 offices without excessive travel or, in cases where unemployment
12 claims are filed or renewed by phone, without excessive long-distance
13 toll charges.
14 Sec. 321. The department shall continue to work with grantees
15 supported through the appropriation in part 1 for emergency medical
16 services grants and contracts to ensure that a sufficient number of
17 qualified emergency medical services personnel exist to serve rural
18 areas of the state.
19 Sec. 322. From the funds appropriated in part 1 for utility
20 consumer representation, the department shall produce and facilitate
21 the airing of public service announcements that inform utility
22 customers of the availability and purpose of these funds. The utility
23 consumer participation board shall report to the subcommittees, fiscal
24 agencies, and state budget office by September 30 on its efforts in
25 this area, including the amount of expenditures made for this
26 purpose.
27 Sec. 323. (1) The department in consultation with nursing home
1 provider groups, the department of community health, the state
2 long-term care ombudsman, and the federal health care finance
3 administration shall continue to work to clarify the following terms
4 as those terms are used in title XVIII and title XIX and applied by
5 the department to provide more consistent regulation of nursing homes
6 in Michigan:
7 (a) Immediate jeopardy.
8 (b) Harm.
9 (c) Potential harm.
10 (d) Avoidable.
11 (e) Unavoidable.
12 (2) The department shall semiannually provide for joint training
13 with nursing home surveyors and providers on at least 1 of the 10 most
14 frequently issued federal citations in this state during the past
15 calendar year. The department shall provide a mechanism to measure
16 the effect of the training and shall report to the legislature and the
17 state budget office on the effect of the training by January 15.
18 Sec. 324. The bureau of worker's and unemployment compensation
19 shall work collaboratively with the department of career development
20 to ensure each 1-stop center has the ability to assist individuals or
21 respond to inquiries regarding unemployment benefits and the remote
22 initial claims system.
23 Sec. 325. (1) The department shall post on the Internet the
24 executive summary of the latest inspection for each licensed nursing
25 home.
26 (2) The department shall work toward posting inspection summaries
27 for licensed day care centers on the Internet.
1 Sec. 327. When hiring any new nursing home inspectors funded
2 through appropriations in part 1, the department shall make every
3 effort to hire individuals with past experience in the long-term care
4 industry.
5 Sec. 329. It is the intent of the legislature that the funds
6 appropriated in part 1 for the nurse scholarship program, established
7 in section 16315 of the public health code, 1978 PA 368, MCL
8 333.16315, are used to increase the number of nurses practicing in
9 Michigan. The board of nursing is encouraged to structure
10 scholarships funded under this act in a manner that rewards recipients
11 who practice nursing in Michigan. In addition, it is the intent of
12 the legislature that the department and the board of nursing work
13 cooperatively with the Michigan higher education assistance authority
14 to identify and monitor the location in which scholarship recipients
15 practice nursing.
16 Sec. 330. (1) The bureau of worker's and unemployment
17 compensation shall include in the remote initial claims center (RICCS)
18 automated phone system a choice to speak with an employee of the
19 unemployment agency as an option. This option should be provided in
20 the system as early as possible as deemed appropriate in the system
21 design. The department shall monitor the system to ensure compliance
22 with these guidelines.
23 (2) The bureau of worker's and unemployment compensation should
24 continue to provide training opportunities to employees affected with
25 the implementation of the RICCS.
26 Sec. 331. Nursing facilities shall report in the quarterly staff
27 report to the department, the total patient care hours provided each
1 month, by state licensure and certification classification, and the
2 percentage of pool staff, by state licensure and certification
3 classification, used each month during the preceding quarter. The
4 department shall make available to the public, the quarterly staff
5 report compiled for all facilities including the total patient care
6 hours and the percentage of pool staff used, by classification.
7 Sec. 332. It is the intent of the legislature that the
8 department make every effort to hold administrative law hearings on
9 actions initiated by the department against regulated businesses or
10 against individuals in regulated occupations in locations that are
11 within 150 miles of the regulated business or of the office of the
12 individual in a regulated occupation. In addition, it is the intent
13 of the legislature that the department make every effort to hold
14 administrative law hearings on actions initiated by an individual
15 outside the department in locations within 150 miles of the home of
16 the individual bringing the action if that individual wishes to
17 testify at the hearing.
18 Sec. 335. (1) The public service commission shall report by June
19 1 of each year to the subcommittees, the state budget office, and the
20 fiscal agencies on the distribution of funds appropriated in part 1
21 for the low-income/energy efficiency assistance program.
22 (2) Of the funds appropriated in part 1 for low-income/energy
23 efficiency assistance, $3,000,000.00 shall be allocated to community
24 action agencies across the state to support shut-off protection
25 programs for low-income individuals. Funds shall be distributed to
26 the community action agencies no later than November 1 of each year.
27 The community action agencies shall abide by any reporting and
1 monitoring requirements imposed by the public service commission on
2 other grant recipients receiving funding through this program.
3 Sec. 336. The department shall provide the subcommittees, fiscal
4 agencies, and state budget director with a report on or before
5 December 1 outlining actual expenditures for the last completed fiscal
6 year for each division within the office of financial and insurance
7 services.
8 Sec. 337. The department shall work cooperatively with the
9 family independence agency and with representatives from the Michigan
10 federation of private child and family agencies to form a licensing
11 and contract compliance review team pilot to coordinate and conduct
12 joint reviews of 1 child placing agency and 1 child caring institution
13 between October 1 and February 1. The Michigan federation of private
14 child and family agencies will survey team participants and involved
15 agencies regarding the process and provide feedback to the
16 department. The department shall report during the annual budget
17 presentation to the subcommittees regarding pilot outcomes.
18 Sec. 340. The office of financial and insurance services shall
19 provide copies of the quarterly and annual financial filings of health
20 maintenance organizations to the senate and house fiscal agencies on a
21 timely basis.
22 Sec. 341. The report required under section 911 of the business
23 corporation act, 1972 PA 284, MCL 450.1911, shall be filed with the
24 administrator together with a $25.00 filing fee. The filing fee under
25 this section shall be adjusted to accommodate any inflationary changes
26 as reflected in the latest Detroit consumer price index as of the
27 effective date of this act.
1 Sec. 342. A report required under section 911 of the nonprofit
2 corporation act, 1982 PA 162, MCL 450.2911, shall be filed with the
3 administrator together with a $20.00 filing fee. The filing fee under
4 this section shall be adjusted to accommodate any inflationary changes
5 as reflected in the latest Detroit consumer price index as of the
6 effective date of this act.
7 Sec. 343. (1) Subject to subsection (7) and pursuant to section
8 1101 of the Michigan limited liability company act, 1993 PA 23, MCL
9 450.5101, the fees to be paid to the administrator when the documents
10 described in this subsection are delivered to him or her for filing
11 are as follows:
12 (a) Certificate of correction....................... $ 25.00
13 (b) Articles of organization........................ $ 50.00
14 (c) Amendment to the articles of organization....... $ 25.00
15 (d) Restated articles of organization............... $ 50.00
16 (e) Application for reservation of name............. $ 25.00
17 (f) Certificate of assumed name or a certificate of
18 termination of assumed name....................... $ 25.00
19 (g) Annual statement of resident agent and
20 registered office................................. $ 25.00
21 (h) Certificate of restoration of good standing..... $ 50.00
22 (i) Notice of resignation of resident agent or
23 statement of change of registered office or
24 resident agent.................................... $ 5.00
25 (j) Certificate of merger as provided in article 7.. $ 100.00
26 (k) Certificate of abandonment...................... $ 10.00
27 (l) Certificate of conversion....................... $ 25.00
1 (m) Certificate of dissolution...................... $ 10.00
2 (n) Application of a foreign limited liability
3 company for a certificate of authority to transact
4 business in this state............................ $ 50.00
5 (o) Certificate correcting statement contained in an
6 application for a certificate of authority to
7 transact business in this state................... $ 25.00
8 (p) Certificate attesting to the occurrence of a
9 merger of a foreign limited liability company, as
10 provided in section 1005.......................... $ 10.00
11 (q) Application for withdrawal and issuance of a
12 certificate of withdrawal of a foreign limited
13 liability company................................. $ 10.00
14 (2) Subject to subsection (7) and in addition to a fee required to
15 file a document, the administrator may charge a fee of $50.00 if the
16 document is filed by facsimile or other electronic transmission or the
17 administrator is requested to transmit a document by facsimile or
18 other electronic transmission.
19 (3) The fees prescribed in subsections (1) and (2), no part of
20 which shall be refunded, when collected shall be paid into the
21 treasury of the state and credited to the administrator to be used
22 solely by the department in carrying out those duties required by
23 law.
24 (4) Subject to subsection (7), a minimum charge of $1.00 for each
25 certificate and 50 cents per folio shall be paid to the administrator
26 for certifying a part of a file or record pertaining to a domestic or
27 foreign limited liability company if a fee is not set forth in
1 subsection (1). The administrator may furnish copies of documents,
2 reports, and papers required or permitted by law to be filed with the
3 administrator and shall charge for those copies pursuant to a schedule
4 of fees that the administrator shall adopt with the approval of the
5 state administrative board. The administrator shall retain the
6 revenue collected under this subsection to be used by the department
7 to defray the costs of its copying and certifying services.
8 (5) If a domestic or foreign limited liability company pays fees
9 or penalties by check and the check is dishonored, the fee is
10 considered unpaid and the filing of all related documents will be
11 rescinded.
12 (6) The administrator may accept a credit card, instead of cash or
13 check, as payment of a fee under this act. The administrator shall
14 determine which credit cards may be accepted for payment.
15 (7) The filing fees under this section shall be adjusted to
16 accommodate any inflationary changes as reflected in the latest
17 Detroit consumer price index as of the effective date of this act.
18 Sec. 344. Pursuant to section 202 of the uniform securities act,
19 1964 PA 265, MCL 451.602, every applicant for registration shall pay a
20 filing fee and every registrant shall pay an annual fee of $300.00 in
21 the case of a broker-dealer, $65.00 in the case of an agent, and
22 $200.00 in the case of an investment adviser. Every applicant filing
23 an application for registration of a successor pursuant to section
24 202(d) of the uniform securities act, 1964 PA 265, MCL 451.602, shall
25 pay a filing fee of $125.00 for the unexpired portion of the year. A
26 registered agent who has terminated his or her connection with a
27 broker-dealer shall pay a transfer fee of $20.00 when transferring his
1 or her connection to another broker-dealer. The filing fee under this
2 section shall be adjusted to accommodate any inflationary changes as
3 reflected in the latest Detroit consumer price index as of the
4 effective date of this act.
5 Sec. 345. (1) The fees appropriated by this section shall be
6 used only to offset the cost of operating the department.
7 (2) Subject to subsection (3), fees for a person certified,
8 registered, or licensed or seeking certification, registration, or
9 licensure to engage in the following professions under the
10 occupational code, 1980 PA 299, MCL 339.101 to 339.2721, are as
11 follows:
12 PUBLIC ACCOUNTING
13 (a) Application processing fee...................... $ 35.00
14 (b) License to practice and registration of
15 certificate, per year............................. $ 40.00
16 (c) Registration:
17 Individual's registration of certificate, per year.. $ 15.00
18 Firm or corporation, or branch office, per year..... $ 35.00
19 (d) Permit for temporary practice................... $ 15.00
20 ARCHITECT
21 (a) Application processing.......................... $ 30.00
22 (b) Supplemental application processing............. $ 20.00
23 (c) License fee, per year........................... $ 35.00
24 PROFESSIONAL ENGINEER
25 (a) Application processing.......................... $ 35.00
26 (b) Supplemental application fee processing......... $ 20.00
27 (c) License fee, per year........................... $ 40.00
1 LAND SURVEYOR
2 (a) Application processing fee...................... $ 35.00
3 (b) Supplemental application processing fee......... $ 20.00
4 (c) Examination fees:
5 Complete examination................................ $ 110.00
6 Part 1 of the examination (fundamentals)............ $ 55.00
7 Part 2a of the examination (principles and practice) $ 45.00
8 Part 2b of the examination (Michigan practice)...... $ 40.00
9 (d) Examination review.............................. $ 20.00
10 (e) License fee, per year........................... $ 50.00
11 LANDSCAPE ARCHITECT
12 (a) Application processing fee...................... $ 35.00
13 (b) Supplemental application processing fee......... $ 20.00
14 (c) Examination fees:
15 Complete examination................................ $ 265.00
16 Section 1 of the examination........................ $ 25.00
17 Section 2 of the examination........................ $ 35.00
18 Section 3 of the examination........................ $ 100.00
19 Section 4 of the examination........................ $ 125.00
20 (d) Examination review.............................. $ 25.00
21 (e) Registration fee, per year...................... $ 40.00
22 BARBER, STUDENT BARBER, STUDENT INSTRUCTOR, OR BARBER INSTRUCTOR,
23 BARBERSHOP OR BARBER COLLEGE
24 (a) Application processing fees:
25 Student barber, barber, student instructor, barber
26 instructor........................................ $ 20.00
27 Barbershop.......................................... $ 50.00
1 Barber college...................................... $ 75.00
2 (b) Examination fees:
3 Complete barber or instructor examination........... $ 75.00
4 Written portion only................................ $ 35.00
5 Practical portion only.............................. $ 45.00
6 (c) Examination review.............................. $ 20.00
7 (d) License fees, per year:
8 Student barber, barber, student instructor.......... $ 30.00
9 Barber instructor................................... $ 40.00
10 Barbershop.......................................... $ 40.00
11 Barber college...................................... $ 150.00
12 (e) Demonstrator's or demonstration temporary permit $ 15.00
13 COLLECTION AGENCY; COLLECTION AGENCY MANAGER
14 Compiled Laws are as follows:
15 (a) Application processing fees:
16 Agency nonowner manager............................. $ 35.00
17 Agency.............................................. $ 100.00
18 (b) Examination fee................................. $ 50.00
19 (c) Examination review fee.......................... $ 20.00
20 (d) License fee, per year:
21 Agency nonowner manager............................. $ 50.00
22 Agency.............................................. $ 125.00
23 PROFESSIONAL COMMUNITY PLANNER
24 (a) Application processing fee...................... $ 35.00
25 (b) Supplemental application processing fee......... $ 20.00
26 (c) Examination fee; Michigan portion............... $ 100.00
27 (d) Examination review.............................. $ 25.00
1 (e) Registration fee, per year...................... $ 50.00
2 COSMETOLOGIST, MANICURIST, NATURAL HAIR CULTURIST, ESTHETICIAN,
3 ELECTROLOGIST, OR INSTRUCTOR OR COSMETOLOGY ESTABLISHMENT OR SCHOOL OF
4 COSMETOLOGY
5 (a) Application processing fees:
6 Apprenticeship program or cosmetology establishment. $ 25.00
7 Cosmetologist, manicurist, natural hair culturist,
8 esthetician, electrologist, or instructor......... $ 15.00
9 School of cosmetology............................... $ 100.00
10 (b) Examination fees:
11 Complete examination for cosmetologist, manicurist,
12 natural hair culturist, esthetician,
13 electrologist, or instructor...................... $ 25.00
14 Written portion only or practical portion only...... $ 15.00
15 Examination review.................................. $ 20.00
16 (c) License fees, per year:
17 Cosmetologist, manicurist, natural hair culturist,
18 esthetician, electrologist, or instructor......... $ 24.00
19 Cosmetology establishment........................... $ 25.00
20 School of cosmetology............................... $ 100.00
21 (d) Student registration or transfer fee............ $ 15.00
22 EMPLOYMENT OR CONSULTING AGENT; PERSONNEL AGENCY
23 (a) Application processing fees:
24 Personnel agency.................................... $ 225.00
25 Employment or consulting agent...................... $ 30.00
26 Officer or stockholder change....................... $ 25.00
27 (b) Examination fee................................. $ 50.00
1 (c) Examination review.............................. $ 20.00
2 (d) License fee, per year:
3 Personnel agency.................................... $ 125.00
4 Employment or consulting agent...................... $ 40.00
5 FORESTER
6 (a) Application processing fee...................... $ 50.00
7 (b) Registration fee, per year...................... $ 40.00
8 HEARING AID DEALER, SALESPERSON
9 (a) Application processing fees:
10 Dealer or salesperson............................... $ 20.00
11 Trainee............................................. $ 10.00
12 (b) Examination fees:
13 Complete dealer or salesperson examination.......... $ 100.00
14 Dealer examination, per part........................ $ 35.00
15 Salesperson examination, per part................... $ 30.00
16 (c) Examination review.............................. $ 20.00
17 (d) License fees, per year:
18 Dealer.............................................. $ 80.00
19 Salesperson......................................... $ 50.00
20 Trainee............................................. $ 40.00
21 REAL ESTATE BROKER, ASSOCIATE BROKER, SALESPERSON, OR BRANCH
22 (a) Application processing fees:
23 Brokers and associate brokers....................... $ 35.00
24 Salespersons or branch office....................... $ 10.00
25 (b) License fees, per year:
26 Brokers and associate brokers....................... $ 36.00
27 Salespersons........................................ $ 26.00
1 (c) Branch office fee, per year..................... $ 20.00
2 (d) Sale of out of state property:
3 Application to sell or renewal of approval to sell.. $ 20.00
4 Property registration............................... $ 500.00
5 A fee shall not be required for the registration of property
6 approved under the land sales act, 1972 PA 286, MCL 565.801 to
7 565.835.
8 STATE LICENSED REAL ESTATE APPRAISER, CERTIFIED GENERAL REAL
9 ESTATE APPRAISER, CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER, OR A
10 LIMITED REAL ESTATE APPRAISER
11 (a) Application processing fees for certified
12 general real estate appraiser, certified
13 residential real estate appraiser, state licensed
14 real estate appraiser, limited real estate
15 appraiser......................................... $ 35.00
16 (b) Examination fees, if the department conducts its
17 own examinations certified general real estate
18 appraiser, certified residential real estate
19 appraiser, state licensed real estate appraiser... $ 100.00
20 (c) License fee, per year:
21 Certified general real estate appraiser, certified
22 residential real estate appraiser, state licensed
23 real estate appraiser............................. $ 175.00
24 Limited real estate appraisers or temporary permit
25 fee............................................... $ 125.00
26 The license fee includes a fee imposed by the federal government
27 under sections 1113 and 1114 of title XI of the financial institutions
1 reform, recovery and enforcement act of 1989, Public Law 101-73, 12
2 U.S.C. 3331 to 3351, for certified general real estate appraisers,
3 certified residential real estate appraisers, and state licensed real
4 estate appraisers, which shall not exceed $50.00 per licensee and
5 which the department shall collect and pay to the federal government
6 pursuant to section 2637 of the occupational code, 1980 PA 299, MCL
7 339.2637.
8 RESIDENTIAL BUILDER OR RESIDENTIAL MAINTENANCE AND ALTERATION
9 CONTRACTOR, SALESPERSON, OR BRANCH OFFICE
10 (a) Application processing fee...................... $ 15.00
11 (b) Examination fees:
12 Complete builder or maintenance and alteration
13 contractor exam................................... $ 50.00
14 Law and rules portion or practice or trades or
15 salesperson exam.................................. $ 30.00
16 (c) Examination review.............................. $ 20.00
17 (d) License fee, per year........................... $ 40.00
18 MORTUARY SCIENCE; FUNERAL ESTABLISHMENT; RESIDENT TRAINEE;
19 EMBALMER OR FUNERAL DIRECTOR
20 (a) Application processing fees:
21 Mortuary science license............................ $ 20.00
22 Funeral establishment license....................... $ 115.00
23 Resident trainee.................................... $ 15.00
24 (b) Examination fees:
25 Complete examination................................ $ 200.00
26 National examination only........................... $ 150.00
27 State examination only.............................. $ 50.00
1 (c) Examination review.............................. $ 25.00
2 (d) License fees, per year:
3 Mortuary science.................................... $ 40.00
4 Funeral establishment............................... $ 55.00
5 Embalmer or funeral director........................ $ 40.00
6 Resident trainee.................................... $ 30.00
7 PROFESSIONAL BOXER, PROFESSIONAL WRESTLER, JUDGE, MANAGER,
8 REFEREE, TIMEKEEPER, ANNOUNCER, SECOND, BOXING CLUB, PROMOTER,
9 MATCHMAKER, OR PHYSICIAN
10 (a) Application processing fees:
11 Professional boxer license and passport............. $ 35.00
12 All other licenses.................................. $ 30.00
13 (b) License fee, per year:
14 Professional boxer, professional wrestler, second... $ 20.00
15 Judge, physician, announcer, timekeeper............. $ 30.00
16 Boxing club......................................... $ 40.00
17 Manager or matchmaker or amateur referee............ $ 50.00
18 Professional referee................................ $ 75.00
19 Professional promoter............................... $ 250.00
20 (c) Professional boxing or wrestling permit fee, per
21 show.............................................. $ 50.00
22 (d) Duplicate boxer passport fee.................... $ 30.00
23 OCULARIST; APPRENTICE OCULARIST
24 (a) Application processing fee...................... $ 35.00
25 (b) Registration fee, per year:
26 Ocularist........................................... $ 40.00
27 Apprentice.......................................... $ 20.00
1 (3) The filing fees under this section shall be adjusted to
2 accomodate any inflationary changes as reflected in the latest Detroit
3 consumer price index as of the effective date of this act.
4 Sec. 346. (1) Fees authorized by this section shall be used only
5 to offset the costs of operating the department.
6 (2) Subject to subsection (12), money appropriated under this act
7 for health facility regulation shall not be expended unless the
8 department assesses annual fees for health facility and agency
9 licenses and assesses fees for permits, surveys, and plan reviews in
10 accordance with the following fee schedule:
11 (a) Hospitals....................................... $ 10.00 per bed
12 (b) Nursing homes, county medical care facilities,
13 and hospital long-term care units................. $ 10.00 per bed
14 (c) Freestanding surgical outpatient facilities..... $ 450.00 per
15 facility
16 (d) Hospice residences.............................. $ 200.00 per
17 survey plus
18 $20.00 per bed
19 (e) Psychiatric hospitals........................... $ 600.00 renewal
20 fee plus $10.00
21 per bed
22 (f) Psychiatric treatment positions................. $ 7.50 per
23 treatment
24 position
25 (g) Construction permit reviews..................... 1% of first
26 $1.0 million of
27 capital
1 expenditure and
2 .85% of capital
3 expenditure
4 over $1.0
5 million (not to
6 exceed
7 $60,000.00 per
8 project)
9 (h) Substance abuse programs........................ $ 100.00
10 (i) EMS life support agencies (ambulance operations,
11 nontransport prehospital life support operations,
12 or aircraft transport operations)................. $ 100.00
13 (j) Ambulance, nontransport prehospital life support
14 vehicle, or aircraft transport vehicle............ $ 35.00 land;
15 $100.00 air.
16 (3) Subject to subsection (12), a person shall pay, and the
17 department shall accept, fees established in this section in lieu of
18 any equivalent licensure survey or review fee established by the
19 public health code, 1978 PA 368, MCL 333.1101 to 333.25211. Fees not
20 addressed in this section shall be assessed and collected as
21 prescribed by law.
22 (4) Subject to subsection (12), if a hospital requests the
23 department to conduct a certification survey for purposes of title
24 XVIII or title XIX, the hospital shall pay a license fee surcharge of
25 $23.00 per bed. As used in this subsection, "title XVIII" and "title
26 XIX" mean those terms as defined in section 20155 of the public health
27 code, 1978 PA 368, MCL 333.20155.
1 (5) The license renewal fees described in subsection (2) shall be
2 assessed annually regardless of the term of a license.
3 (6) Fees described in this section are payable to the department
4 at the time they are assessed. If an application is denied or if a
5 license or permit is revoked before its expiration date, the
6 department shall not refund fees paid to the department.
7 (7) The fee for an initial, provisional, or upgrade license or
8 temporary permit is the same as for a license. A license may be
9 issued at the expiration date of a temporary permit without an
10 additional fee for the balance of the period for which the fee was
11 paid if the requirements for licensure are met.
12 (8) Subject to subsection (12), the application fee for a waiver
13 under section 21564 of the public health code, 1978 PA 368, MCL
14 333.21564, is $200.00 plus $40.00 per hour for the professional
15 services and travel expenses directly related to processing the
16 application. The travel expenses shall be calculated in accordance
17 with the state standardized travel regulations of the department of
18 management and budget in effect at the time of the travel.
19 (9) Subject to subsection (12), if an application for renewal of
20 an ambulance operation, nontransport prehospital life support
21 operation, or aircraft transport operation license is received by the
22 department after the expiration date of the license, the applicant
23 shall pay a late fee in the amount of $300.00 in addition to the
24 renewal fee. If an application for renewal is not received by the
25 department within 60 days after the license expires, the department
26 shall not issue a renewal license unless the licensee completes the
27 requirements for initial licensure and pays the late fee.
1 (10) Subject to subsection (12), if an application for renewal of
2 an ambulance or nontransport prehospital life support vehicle or
3 aircraft transport vehicle license is received by the department after
4 the expiration date of the license, the applicant shall pay a late fee
5 in the amount of $100.00 in addition to the renewal fee. If an
6 application for renewal is not received by the department within 60
7 days after the license expires, the department shall not issue a
8 renewal license unless the licensee completes the requirements for
9 initial licensure and pays the late fee.
10 (11) The department shall give nursing home providers the
11 voluntary option of requesting an informal review of the
12 appropriateness of a citation by an independent agency with
13 qualifications to conduct informal deficiency dispute resolutions as
14 required by federal law. The department shall enter a contract with a
15 qualified agency for these reviews and shall charge a fee to a
16 facility requesting an independent review sufficient to cover the
17 actual cost. The independent agency shall be required to formulate
18 trends and develop outcomes on areas within the OBRA rules and
19 regulations that need clarification. Providers shall be allowed to
20 challenge citations of noncompliance whether or not a remedy is
21 imposed, challenge the scope and severity of a citation, and challenge
22 the recommended remedy, including the modification to related
23 citations. The independent agency shall provide facilities with the
24 opportunity to request a face-to-face review of the proposed
25 decision. The decision of the independent agency shall be binding on
26 the parties.
27 (12) The filing fees under this section shall be adjusted to
1 accommodate any inflationary changes as reflected in the latest
2 Detroit consumer price index as of the effective date of this act.
3 Sec. 347. Of the funds appropriated in part 1 for the fire
4 protection grants, $12,128,500.00 of this funding is contingent upon
5 statutory changes that would increase the deposit into the liquor
6 purchase revolving fund.
7 Sec. 348. It is the intent of the legislature that the next
8 vacancy on the worker's compensation board of magistrates be filled by
9 an individual that is a permanent resident in the Upper Peninsula.
10 Sec. 349. It is the intent of the legislature that the
11 department and the Michigan state housing development authority work
12 collaboratively with other state departments and agencies to maximize
13 the use of available Michigan state housing development authority fund
14 equity to provide senior assisted living that offers a continuum of
15 care from independent apartments to assisted living to nursing care
16 and Alzheimer programs.
17 Sec. 350. (1) The department shall allocate funds to promote
18 awareness of the right of a policyholder, subscriber, member,
19 enrollee, or other individual participating in a health benefit plan,
20 after the covered person has exhausted the health carrier's internal
21 grievance process provided for by law, to request an external review
22 for an adverse determination.
23 (2) As used in this section, "covered person" means that term as
24 defined in section 3 of the patient's right to independent review act,
25 2000 PA 251, MCL 550.1903.
26 Sec. 351. (1) The department shall issue a report to the
27 subcommittees by the end of each calendar year, but not later than
1 December 31 of each year, showing the date each real estate continuing
2 education course was submitted for approval and the date of final
3 disposition, approval, or denial.
4 (2) The department shall post on its website the approved real
5 estate continuing education courses, as well as the dates, times,
6 instructors, locations, and credit hours of the courses.
7 (3) The department shall have available to the public the
8 prelicensure and continuing education course approvals. The
9 information described in this subsection shall be available online not
10 later than November 15, 2003.
11 (4) It is the intent of the legislature that sponsors of
12 continuing education be able to report an applicant's or licensee's
13 completion of courses to the department via electronic methods and
14 such reporting procedure shall be in place not later than the end of
15 fiscal year 2004.
16 Sec. 352. Of the funds appropriated in part 1 for activities of
17 the board of magistrates and the worker's compensation appellate
18 commission, expenditures shall be made so that the 2 bodies shall
19 decide worker's compensation cases in a timely manner.
20 Sec. 353. All existing and new state and federal regulatory
21 requirements to the OBRA process affecting the operations of a nursing
22 home must go through a process of review, definition, and agreement
23 between the department and stakeholders as defined in section 20155 of
24 the public health code, 1978 PA 368, MCL 333.20155, before
25 implementation.
26 Sec. 354. (1) The department's nursing home survey agency shall
27 perform its functions in the time frame set forth in the state
Senate Bill No. 286 (H-1) as amended June 17, 2003
1 operations manual.
2 (2) In the event the department fails to adhere to the timeline
3 set forth in the state operations manual and that failure results in
4 negative enforcement against a nursing home provider, the department
5 shall delay the implementation of any enforcement remedy equal to the
6 delay caused by the failure to meet the obligations set forth in the
7 state operations manual.
[Sec. 355. Before issuing a license for a day care facility, the department shall, as part of licensing review and facility inspection, inspect for the presence of lead and lead-based paint in that facility.]