March 19, 2003, Introduced by Senator PRUSI and referred to the Committee on Appropriations.
EXECUTIVE BUDGET BILL
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
1 LINE-ITEM APPROPRIATIONS
2 Sec. 101. The amounts listed in this part are appropriated for the
3 department of consumer and industry services, subject to the conditions
4 set forth in this bill, for the fiscal year ending September 30, 2004,
5 from the funds identified in this part. The following is a summary of
6 the appropriations in this part:
8 APPROPRIATIONS SUMMARY:
9 Full-time equated unclassified positions 63.5
10 Full-time equated classified positions 3,937.5
11 GROSS APPROPRIATION $ 590,197,700
12 Interdepartmental grant revenues:
13 Total interdepartmental grants and intradepartmental
14 transfers 111,100
15 ADJUSTED GROSS APPROPRIATION $ 590,086,600
16 Federal revenues:
17 Total federal revenues 283,831,500
18 Special revenue funds:
19 Total local revenues 0
20 Total private revenues 770,000
21 Total other state restricted revenues 285,815,300
22 State general fund/general purpose $ 19,669,800
24 Full-time equated unclassified positions 63.5
25 Full-time equated classified positions 145.0
26 Unclassified salaries--63.5 FTE positions $ 5,209,300
27 Energy office--10.0 FTE positions 2,654,200
1 Executive director programs--24.0 FTE positions 2,881,400
2 Policy development--16.0 FTE positions 1,746,800
3 Utility consumer representation 550,000
4 Regulatory efficiency improvements/backlog reduction
5 initiative 750,000
6 MES board of review program--21.0 FTE positions 1,773,900
7 Bureau of hearings--74.0 FTE positions 8,070,800
8 GROSS APPROPRIATION $ 23,636,400
9 Appropriated from:
10 Federal revenues:
11 DOE-OEERE, multiple grants 2,179,100
12 DOL-ETA, unemployment insurance 8,518,400
13 DOL, multiple grants for safety and health 160,300
14 Special revenue funds:
15 Private-oil overcharge 30,000
16 Bank fees 165,200
17 Boiler fee revenue 33,500
18 Construction code fund 438,800
19 Consumer finance fees 61,200
20 Corporation fees 2,311,100
21 Credit union fees 112,700
22 Elevator fees 37,400
23 Fees and collections/asbestos 11,100
24 Health professions regulatory fund 1,277,800
25 Health systems fees and collections 184,300
26 Insurance regulatory fees 531,900
27 Licensing and regulation fees 742,600
1 Liquor license fees 100,000
2 Liquor purchase revolving fund 1,594,100
3 Manufactured housing commission fees 147,300
4 Michigan state housing development authority fees
5 and charges 444,100
6 Motor carrier fees 36,100
7 Public utility assessments 1,296,600
8 Safety education and training fund 226,200
9 Second injury fund 82,300
10 Securities fees 2,227,400
11 Self-insurers security fund 22,300
12 Silicosis and dust disease fund 32,700
13 Tax tribunal fees 1,100
14 Utility consumer representation fund 550,000
15 Worker's compensation administrative revolving fund 80,800
16 State general fund/general purpose $ 0
17 Sec. 103. MANAGEMENT SERVICES
18 Full-time equated classified positions 145.0
19 Administrative services--145.0 FTE positions $ 9,982,600
20 Building occupancy charges - property development
21 services 12,727,400
22 Rent 12,739,100
23 Workers' compensation 1,714,000
24 Special project advances 740,000
25 GROSS APPROPRIATION $ 37,903,100
26 Appropriated from:
27 Federal revenues:
1 DOL-ETA, unemployment insurance 14,835,100
2 DOL, multiple grants for safety and health 610,700
3 Federal funds 418,000
4 HHS, federal funds 45,600
5 Special revenue funds:
6 Private-special project advances 740,000
7 Bank fees 439,800
8 Boiler fee revenue 227,600
9 Construction code fund 1,217,900
10 Consumer finance fees 162,500
11 Corporation fees 3,048,100
12 Credit union fees 324,500
13 Elevator fees 242,500
14 Fees and collections/asbestos 52,600
15 Fire service fees 62,000
16 Health professions regulatory fund 963,200
17 Health systems fees and collections 343,300
18 Insurance regulatory fees 776,000
19 Licensing and regulation fees 947,500
20 Licensing fees 5,800
21 Liquor purchase revolving fund 3,929,300
22 Manufactured housing commission fees 174,300
23 Michigan state housing development authority
24 fees and charges 3,078,900
25 Motor carrier fees 209,200
26 Public utility assessments 1,293,300
27 Safety education and training fund 539,600
1 Second injury fund 185,700
2 Securities fees 2,196,100
3 Self-insurers security fund 50,800
4 Silicosis and dust disease fund 75,200
5 Tax tribunal fees 33,100
6 Worker's compensation administrative revolving fund 674,900
7 State general fund/general purpose $ 0
9 Full-time equated classified positions 279.0
10 Administration--14.0 FTE positions $ 2,583,300
11 Financial evaluation--145.0 FTE positions 16,876,100
12 Policy conduct and consumer assistance--120.0 FTE
13 positions 12,158,900
14 GROSS APPROPRIATION $ 31,618,300
15 Appropriated from:
16 Federal revenues:
17 Federal regulatory project revenue 50,400
18 Special revenue funds:
19 Bank fees 6,147,300
20 Consumer finance fees 3,102,000
21 Credit union fees 4,292,200
22 Insurance continuing education fees 700,900
23 Insurance licensing and regulation fees 3,112,000
24 Insurance regulatory fees 11,521,700
25 Multiple employer welfare arrangement 65,700
26 Securities fees 2,626,100
27 State general fund/general purpose $ 0
2 Full-time equated classified positions 148.0
3 Administration, planning and regulation--148.0 FTE
4 positions $ 16,687,500
5 Low-income/energy efficiency assistance fund 57,000,000
6 GROSS APPROPRIATION $ 73,687,500
7 Appropriated from:
8 Federal revenues:
9 DOE-OEERE, multiple grants 149,000
10 DOT-RSPA, gas pipeline safety 285,900
11 Special revenue funds:
12 Low-income and energy efficiency assistance fund 57,000,000
13 Motor carrier fees 1,856,600
14 Public utility assessments 14,396,000
15 State general fund/general purpose $ 0
16 Sec. 106. LIQUOR CONTROL COMMISSION
17 Full-time equated classified positions 179.0
18 Management support services--39.0 FTE positions $ 2,709,300
19 Liquor licensing and enforcement--140.0 FTE positions 10,968,000
20 Liquor law enforcement grants 6,000,000
21 Grant to department of agriculture for wine industry
22 council 457,200
23 GROSS APPROPRIATION $ 20,134,500
24 Appropriated from:
25 Special revenue funds:
26 Liquor license revenue 11,076,700
27 Liquor purchase revolving fund 8,600,600
1 Nonretail liquor license revenue 457,200
2 State general fund/general purpose $ 0
3 Sec. 107. MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
4 Full-time equated classified positions 226.0
5 Payments on behalf of tenants $ 120,000,000
6 Housing and rental assistance program--226.0 FTE positions 30,337,800
7 GROSS APPROPRIATION $ 150,337,800
8 Appropriated from:
9 Federal revenues:
10 HUD, lower income housing assistance program 136,280,900
11 Special revenue funds:
12 Michigan state housing development authority fees
13 and charges 14,056,900
14 State general fund/general purpose $ 0
16 Full-time equated classified positions 13.0
17 Operations--13.0 FTE positions $ 1,276,100
18 GROSS APPROPRIATION $ 1,276,100
19 Appropriated from:
20 Special revenue funds:
21 Tax tribunal fees 640,500
22 State general fund/general purpose $ 635,600
24 Fire protection grants $ 3,710,500
25 GROSS APPROPRIATION $ 3,710,500
26 Appropriated from:
27 Special revenue funds:
1 Liquor purchase revolving fund 3,710,500
2 State general fund/general purpose $ 0
4 Full-time equated classified positions 342.0
5 Health systems administration--179.0 FTE positions $ 17,180,800
6 Emergency medical services program state staff--7.0 FTE
7 positions 904,700
8 Radiological health administration and projects--24.0 FTE
9 positions 2,023,600
10 Substance abuse program administration--4.0 FTE positions 397,900
11 Emergency medical services grants and contracts 1,046,200
12 Health services--128.0 FTE positions 14,207,000
13 GROSS APPROPRIATION $ 35,760,200
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 antidiversion 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 $ 4,820,200
24 Sec. 111. REGULATORY SERVICES
25 Full-time equated classified positions 306.0
26 AFC, children's welfare and day care licensure--306.0 FTE
27 positions $ 22,980,300
1 GROSS APPROPRIATION $ 22,980,300
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 $ 11,301,900
9 Sec. 112. OCCUPATIONAL REGULATION
10 Full-time equated classified positions 405.0
11 Commissions and boards $ 49,700
12 Code enforcement--158.0 FTE positions 13,757,800
13 Boiler inspection program--24.0 FTE positions 2,195,200
14 Elevator inspection program--26.0 FTE positions 2,280,400
15 Commercial services--159.0 FTE positions 13,993,400
16 Local manufactured housing communities inspections 250,000
17 Manufactured housing and land resources program--26.0 FTE
18 positions 2,625,000
19 Property development group--12.0 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 28.0
17 Fact finding and arbitration $ 144,300
18 Employment and labor relations--28.0 FTE positions 2,919,400
19 GROSS APPROPRIATION $ 3,063,700
20 Appropriated from:
21 Federal revenues:
22 EEOC, federal funds 10,000
23 Special revenue funds:
24 State general fund/general purpose $ 3,053,700
26 Full-time equated classified positions 240.0
27 Commissions and boards $ 21,400
1 Subgrantees 1,226,900
2 Occupational safety and health--240.0 FTE positions 21,209,800
3 GROSS APPROPRIATION $ 22,458,100
4 Appropriated from:
5 Federal revenues:
6 DOL, multiple grants for safety and health 10,366,100
7 Special revenue funds:
8 Corporate fees 1,851,300
9 Licensing and regulation fees 1,000,000
10 Securities fees 1,851,100
11 Fees and collections/asbestos 704,300
12 Safety education and training fund 6,685,300
13 State general fund/general purpose $ 0
15 Full-time equated classified positions 1,481.5
16 Administration--118.0 FTE positions $ 8,735,500
17 Board of magistrates administration--8.0 FTE positions 1,916,900
18 Employment standards enforcement--38.0 FTE positions 2,309,300
19 Insurance funds administration--32.0 FTE positions 5,500,800
20 Supplemental benefit fund 1,300,000
21 Grant to department of career development, hire the
22 handicapped program 50,000
23 Unemployment program--1,208.2 FTE positions 67,980,300
24 Advocacy assistance program--8.0 FTE positions 1,500,000
25 Expanded fraud control program--33.2 FTE positions 2,566,200
26 Special audit and collections program--34.0 FTE positions 2,245,900
27 Training program for agency staff--2.1 FTE positions 1,756,400
1 GROSS APPROPRIATION $ 95,861,300
2 Appropriated from:
3 Federal revenues:
4 DOL, employment and training administration 529,200
5 DOL-ETA, unemployment insurance 69,786,100
6 Federal Reed act funds 4,233,500
7 Special revenue funds:
8 Corporation fees 1,804,000
9 Contingent fund, penalty and interest account 9,388,400
10 Licensing and regulation fees 650,000
11 Second injury fund 3,021,500
12 Securities fees 1,803,900
13 Self-insurers security fund 1,386,500
14 Silicosis and dust disease fund 1,142,800
15 Worker's compensation administrative revolving fund 2,115,400
16 State general fund/general purpose $ 0
18 Information technology services and projects $ 25,479,700
19 GROSS APPROPRIATION $ 25,479,700
20 Appropriated from:
21 Federal revenues:
22 DOL-ETA, unemployment insurance 10,360,300
23 DOL, multiple grants for safety and health 38,000
24 Federal funds 56,500
25 Special revenue funds:
26 Bank fees 223,800
27 Boiler fee revenue 94,300
1 Construction code fund 724,600
2 Consumer finance fees 85,800
3 Contingent fund, penalty and interest account 122,800
4 Corporation fees 1,672,100
5 Credit union fees 157,900
6 Elevator fees 89,800
7 Fees and collections/asbestos 17,500
8 Health professions regulatory fund 484,800
9 Health systems fees and collections 244,500
10 Insurance regulatory fees 471,700
11 Licensing and regulation fees 979,700
12 Liquor purchase revolving fund 4,270,300
13 Manufactured housing commission fees 47,500
14 Michigan state housing development authority fees and
15 charges 1,182,400
16 Motor carrier fees 164,700
17 Public utility assessments 1,092,200
18 Safety education and training fund 178,200
19 Second injury fund 215,300
20 Securities fees 1,410,900
21 Self-insurers security fund 76,800
22 Silicosis and dust disease fund 99,600
23 Worker's compensation administrative revolving fund 859,300
24 State general fund/general purpose $ 58,400
25 Sec. 117. ADMINISTRATIVE SAVINGS
26 Administrative savings $ (200,000)
27 GROSS APPROPRIATION $ (200,000)
1 Appropriated from:
2 State general fund/general purpose $ (200,000)
3 PART 2
4 PROVISIONS CONCERNING APPROPRIATIONS
6 Sec. 201. Pursuant to section 30 of article IX of the state
7 constitution of 1963, total state spending from state resources under
8 part 1 for fiscal year 2003-2004 is $305,485,100.00 and state spending
9 from state resources to be paid to units of local government for fiscal
10 year 2003-2004 is $17,187,400.00. The itemized statement below
11 identifies appropriations from which spending to units of local
12 government will occur:
14 Fire protection grants $ 3,710,500
15 Liquor law enforcement 6,000,000
16 Local manufactured housing inspections 250,000
17 Remonumentation grants 6,000,000
18 Subgrantees 1,226,900
19 Total department of consumer and industry services $ 17,187,400
20 Sec. 202. The appropriations authorized under this bill are subject
21 to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
22 Sec. 203. As used in this appropriation bill:
23 (a) "AFC" means adult foster care.
24 (b) "Department" means the department of consumer and industry
25 services.
26 (c) "DOE" means the United States department of energy.
27 (d) "DOE-OEERE" means the DOE office of energy efficiency and
1 renewable energy.
2 (e) "DOL" means the United States department of labor.
3 (f) "DOL-ETA" means the DOL employment and training
4 administration.
5 (g) "DOT" means the United States department of transportation.
6 (h) "DOT-RSPA" means the DOT research and special programs
7 administration.
8 (i) "EEOC" means equal employment opportunity commission.
9 (j) "Fiscal agencies" means Michigan house fiscal agency and
10 Michigan senate fiscal agency.
11 (k) "FTE" means full-time equated.
12 (l) "HHS" means the United States department of health and human
13 services.
14 (m) "HUD" means the United States department of housing and urban
15 development.
16 (n) "IDG" means interdepartmental grant.
17 (o) "MES" means Michigan employment security.
18 (p) "Subcommittees" means all members of the subcommittees of the
19 house and senate appropriations committees with jurisdiction over the
20 budget for the department.
21 Sec. 204. The department of civil service shall bill departments and
22 agencies at the end of the first fiscal quarter for the 1% charge
23 authorized by section 5 of article XI of the state constitution of
24 1963. Payments shall be made for the total amount of the billing by
25 the end of the second fiscal quarter.
26 Sec. 205. (1) A hiring freeze is imposed on the state classified
27 civil service. State departments and agencies are prohibited from
1 hiring any new state classified civil service employees and prohibited
2 from filling any vacant state classified civil service positions. This
3 hiring freeze does not apply to internal transfers of classified
4 employees from 1 position to another within a department.
5 (2) The state budget director shall grant exceptions to this
6 hiring freeze when the state budget director believes that the hiring
7 freeze will result in rendering a state department or agency unable to
8 deliver basic services, cause a loss of revenue to the state, result in
9 the inability of the state to receive federal funds, or necessitate
10 additional expenditures that exceed any savings from maintaining a
11 vacancy. The state budget director shall report quarterly to the
12 chairpersons of the senate and house of representatives standing
13 committees on appropriations the number of exceptions to the hiring
14 freeze approved during the previous quarter and the reasons to justify
15 the exception.
16 Sec. 206. (1) In addition to the funds appropriated in part 1, there
17 is appropriated an amount not to exceed $23,500,000.00 for federal
18 contingency funds. These funds are not available for expenditure until
19 they have been transferred to another line item in this bill pursuant to
20 section 393(2) of the management and budget act, 1984 PA 431, MCL
21 18.1393.
22 (2) In addition to the funds appropriated in part 1, there is
23 appropriated an amount not to exceed $12,200,000.00 for state restricted
24 contingency funds. These funds are not available for expenditure until
25 they have been transferred to another line item in this bill pursuant to
26 section 393(2) of the management and budget act, 1984 PA 431, MCL
27 18.1393.
1 (3) In addition to the funds appropriated in part 1, there is
2 appropriated an amount not to exceed $180,800.00 for local contingency
3 funds. These funds are not available for expenditure until they have
4 been transferred to another line item in this bill pursuant to section
5 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
6 (4) In addition to the funds appropriated in part 1, there is
7 appropriated an amount not to exceed $50,000.00 for private contingency
8 funds. These funds are not available for expenditure until they have
9 been transferred to another line item in this bill pursuant to section
10 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393
11 Sec. 208. Unless otherwise specified, the department shall use the
12 Internet to fulfill the reporting requirements of this bill. This
13 requirement may include transmission of reports via electronic mail to
14 the recipients identified for each reporting requirement, or it may
15 include placement of reports on the Internet or Intranet site.
16 Sec. 209. From the funds appropriated in part 1 for information
17 technology, the department shall pay user fees to the department of
18 information technology for technology-related services and projects.
19 Such user fees shall be subject to provisions of an interagency
20 agreement between the department and the department of information
21 technology.
22 Sec. 210. Amounts appropriated in part 1 for information technology
23 may be designated as work projects and carried forward to support
24 department of consumer and industry services projects under the
25 direction of the department of information technology. Funds
26 designated in this manner are not available for expenditure until
27 approved as work projects under section 451a of the management and
1 budget act, 1984 PA 431, MCL 18.1451a.
2 Sec. 211. (1) In addition to the amounts appropriated in part 1, in
3 order to encourage administrative efficiencies, there is appropriated
4 to the department of consumer and industry services, an amount not to
5 exceed one-half of the unexpended, unreserved general fund portions of
6 fiscal year 2002-2003 appropriations made to the department for
7 salaries and wages expenses, contractual services, supplies and
8 materials expenses, information technology expenses and program
9 operations costs.
10 (2) The appropriations contained in subsection 1 are subject to
11 the approval of the state budget director and shall be spent for the
12 same purposes for which the original appropriation was made in fiscal
13 year 2002-2003.
14 DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
15 Sec. 301. The appropriation in part 1 for fire protection grants
16 from the liquor purchase revolving fund shall be appropriated to
17 cities, villages, and townships with state-owned facilities for fire
18 services, instead of taxes, in accordance with 1977 PA 289, MCL 141.951
19 to 141.956.
20 Sec. 302. The funds collected by the office of financial and
21 insurance services in connection with a conservatorship pursuant to
22 section 32 of the mortgage brokers, lenders, and servicers licensing
23 act, 1987 PA 173, MCL 445.1682, shall be appropriated for all expenses
24 necessary to provide for the required services. Funds are available
25 for expenditure when they are received by the department of treasury
26 and shall not lapse to the general fund at the end of the fiscal year.
27 Sec. 303. The funds collected by the department from corporations
1 being liquidated pursuant to the insurance code of 1956, 1956 PA 218,
2 MCL 500.100 to 500.8302, shall be appropriated for all expenses
3 necessary to provide for the required services. Funds are available
4 for expenditure when they are received by the department of treasury
5 and shall not lapse to the general fund at the end of the fiscal year
6 Sec. 304. The department may make available to interested entities
7 otherwise unavailable customized listings of nonconfidential
8 information in its possession, such as names and addresses of
9 licensees, and charge for this information as follows: base fee for 1
10 to 1,000 records at the cost to the department; 1,001 to 10,000 records
11 at 2.5 cents per record; and 10,001 or more records at .5 cents per
12 record. The revenue received from this service may be used to offset
13 expenses of programs as appropriated in part 1. The balance of this
14 revenue collected and unexpended at the end of the fiscal year shall
15 revert to the appropriate restricted revenue account or fund or, in
16 absence of such an account or fund, to the general fund. The
17 department shall submit an annual report on or before December 1 of
18 each year to the state budget office and the subcommittees that states
19 the amount of revenue received from the sale of information.
20 Sec. 307. The department shall assess and collect fees in the
21 licensing and regulation of child care organizations as defined in 1973
22 PA 116, MCL 722.111 to 722.128, and adult foster care facilities as
23 defined in the adult foster care facility licensing act, 1979 PA 218,
24 MCL 400.701 to 400.737. Fees collected by the department shall be used
25 exclusively for the purpose of licensing and regulating child care
26 organizations and adult foster care facilities.
27 Sec. 308. The funds collected by the department for licenses,
1 permits, and other elevator regulation fees set forth in R408.8151 of
2 the Michigan administrative code and as determined under section 8 of
3 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816,
4 that are unexpended at the end of the fiscal year shall carry forward
5 to the subsequent fiscal year.
6 Sec. 309. If the revenue collected by the department for
7 occupational safety and health, health systems administration, or
8 radiological health administration and projects from fees and
9 collections exceeds the amount appropriated in part 1, the revenue may
10 be carried forward into the subsequent fiscal year. The revenue
11 carried forward under this section shall be used as the first source of
12 funds in the subsequent fiscal year.
13 Sec. 310. Money appropriated under this bill for fire safety
14 programs shall not be expended unless, in accordance with section 2c of
15 the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan
16 review fees will be charged according to the following schedule:
17 Operation and maintenance inspection fee
18 Facility type Facility 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
1 or a maximum fee of $60,000.00.
2 Sec. 311. The department shall furnish the clerk of the house, the
3 secretary of the senate, the state budget office, and all members of
4 the house and senate appropriations committees with a summary of any
5 evaluation reports and subsequent approvals or disapprovals of juvenile
6 residential facilities operated by the family independence agency, as
7 required by section 6 of 1973 PA 116, MCL 722.116. If no evaluations
8 are conducted during the fiscal year, the department shall notify the
9 state budget office, the fiscal agencies and all members of the
10 appropriate subcommittees of the house and senate appropriations
11 committees.
12 Sec. 313. If the revenue collected by the department from licensing
13 and regulation fees exceeds the amount appropriated in part 1, the
14 revenue may be carried forward into the subsequent fiscal year. The
15 revenue carried forward under this section shall be used as the first
16 source of funds in the subsequent fiscal year.
17 Sec. 314. Funds earned or authorized by the United States department
18 of labor in excess of the gross appropriation in part 1 for the bureau
19 of workers' and unemployment compensation from the United States
20 department of labor are appropriated and may be expended for staffing
21 and related expenses incurred in the operation of its programs. These
22 funds may be spent after the department notifies the state budget
23 office and the subcommittees of the purpose and amount of each grant
24 award.
25 Sec. 315. The department shall sell documents at a price not to
26 exceed the cost of production and distribution. Money received from the
1 sale of these documents shall revert to the department. The funds are
2 available for expenditure when they are received by the department of
3 treasury and may only be used for costs directly related to the
4 continued updating and distribution of the documents pursuant to this
5 section. This section applies only for the following documents:
6 (a) Corporation and securities division documents, reports, and
7 papers required or permitted by law pursuant to section 1060(5) of the
8 business corporation act, 1972 PA 284, MCL 450.2060.
9 (b) The subdivision control manual, the state boundary commission
10 operations manual, and other local government assistance manuals.
11 (c) The Michigan liquor control code of 1998, 1998 PA 58, MCL
12 436.1101 to 436.2303.
13 (d) The mobile home commission act, 1987 PA 96, MCL 125.2301 to
14 125.2349; the business corporation act, 1972 PA 284, MCL 450.1101 to
15 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to
16 450.3192; and the uniform securities act, 1964 PA 265, MCL 451.501 to
17 451.818.
18 (e) Labor law books.
19 (f) Worker's compensation health care services rules.
20 (g) Minimum design standards for health care facilities.
21 (h) Construction code manuals.
22 (i) Copies of transcripts from administrative law hearings.
23 Sec. 317. The department, bureau of safety and regulation, shall
24 provide an annual report by February 1 of each year to the state budget
25 office, the fiscal agencies, and the subcommittees on the number of
26 individuals killed and the number of individuals injured on the job
27 within industries regulated by the bureau during the most recent
1 calendar year for which data are available.
2 Sec. 321. The department shall continue to work with grantees
3 supported through the appropriation in part 1 for emergency medical
4 services grants and contracts to ensure that a sufficient number of
5 qualified emergency medical services personnel exist to serve rural
6 areas of the state.
7 Sec. 324. The bureau of workers' and unemployment compensation shall
8 work collaboratively with the department of career development to
9 ensure each 1-stop center has the ability to assist individuals or
10 respond to inquiries regarding unemployment benefits and the remote
11 initial claims system.
12 Sec. 329. The department shall work to promote the nursing
13 scholarship program funded from appropriations in part 1 to health
14 services. The department shall focus its promotional efforts on
15 recruiting undergraduate students into the nursing field in order to
16 address the current nursing shortage. The department shall also make
17 every effort to utilize scholarship funds in a manner which encourages
18 undergraduate students to enter the nursing field.
19 Sec. 331. Nursing facilities shall report in the quarterly staff
20 report to the department, the total patient care hours provided each
21 month, by state licensure and certification classification, and the
22 percentage of pool staff, by state licensure and certification
23 classification, used each month during the preceding quarter. The
24 department shall make available to the public, the quarterly staff
25 report compiled for all facilities including the total patient care
26 hours and the percentage of pool staff used, by classification.
27 Sec. 332. The report required under section 911 of the business
1 corporation act, 1972 PA 284, MCL 450.1911, shall be filed with the
2 administrator together with a $25.00 filing fee.
3 Sec. 333. A report required under section 911 of the nonprofit
4 corporation act, 1982 PA 284, MCL 450.2911 shall be filed with the
5 administrator together with a $20.00 filing fee.
6 Sec. 334. (1) Pursuant to section 1101 of the Michigan limited
7 liability company act, 1993 PA 23, MCL 450.5101, the fees to be paid to
8 the administrator when the documents described in this subsection are
9 delivered to him or her for filing are as follows:
10 (a) Certificate of correction $ 25.00
11 (b) Articles of organization $ 50.00
12 (c) Amendment to the articles of organization $ 25.00
13 (d) Restated articles of organization $ 50.00
14 (e) Application for reservation of name $ 25.00
15 (f) Certificate of assumed name or a certificate of
16 termination of assumed name $ 25.00
17 (g) Annual statement of resident agent and registered
18 office $ 25.00
19 (h) Certificate of restoration of good standing $ 50.00
20 (i) Notice of resignation of resident agent, or statement
21 of change of registered office or resident agent $ 5.00
22 (j) Certificate of merger as provided in article 7 $100.00
23 (k) Certificate of abandonment $ 10.00
24 (l) Certificate of conversion $ 25.00
25 (m) Certificate of dissolution $ 10.00
26 (n) Application of a foreign limited liability
27 company for a certificate of authority to transact business
1 in this state $ 50.00
2 (o) Certificate correcting statement contained in an
3 application for a certificate of authority to transact
4 business in this state $ 25.00
5 (p) Certificate attesting to the occurrence of a merger
6 of a foreign limited liability company, as provided in
7 section 1005 $ 10.00
8 (q) Application for withdrawal and issuance of a
9 certificate of withdrawal of a foreign limited liability
10 company $ 10.00
11 (2) In addition to a fee required to file a document, the
12 administrator may charge a fee of $50.00 if the document is filed by
13 facsimile or other electronic transmission or the administrator is
14 requested to transmit a document by facsimile or other electronic
15 transmission.
16 (3) The fees prescribed in subsections (1) and (2), no part of
17 which shall be refunded, when collected shall be paid into the treasury
18 of the state and credited to the administrator to be used solely by the
19 department in carrying out those duties required by law.
20 (4) A minimum charge of $1.00 for each certificate and 50 cents
21 per folio shall be paid to the administrator for certifying a part of a
22 file or record pertaining to a domestic or foreign limited liability
23 company if a fee is not set forth in subsection (1). The administrator
24 may furnish copies of documents, reports, and papers required or
25 permitted by law to be filed with the administrator, and shall charge
26 for those copies pursuant to a schedule of fees that the administrator
27 shall adopt with the approval of the state administrative board. The
28 administrator shall retain the revenue collected under this subsection
1 to be used by the department to defray the costs of its copying and
2 certifying services.
3 (5) If a domestic or foreign limited liability company pays fees
4 or penalties by check and the check is dishonored, the fee is
5 considered unpaid and the filing of all related documents will be
6 rescinded.
7 (6) The administrator may accept a credit card, instead of cash
8 or check, as payment of a fee under this bill. The administrator shall
9 determine which credit cards may be accepted for payment.
10 Sec. 335. Pursuant to section 202 of the uniform securities act,
11 1964 PA 265, MCL 451.602, every applicant for registration shall pay a
12 filing fee and every registrant shall pay an annual fee of $300.00 in
13 the case of a broker-dealer, $65.00 in the case of an agent, and
14 $200.00 in the case of an investment adviser. Every applicant filing
15 an application for registration of a successor pursuant to subsection
16 (d) shall pay a filing fee of $125.00 for the unexpired portion of the
17 year. A registered agent who has terminated his or her connection with
18 a broker-dealer shall pay a transfer fee of $20.00 when transferring
19 his or her connection to another broker-dealer.
20 Sec. 336. (1) The fees appropriated by this section shall be used
21 only to offset the cost of operating the department.
22 (2) Fees for a person certified, registered, or licensed or
23 seeking certification, registration, or licensure to engage in the
24 following professions under article 7, 8, 9, 10, 11, 12, 13, 18, 20,
25 21, 22, 23, 24, 25, 26 and 27 of the occupational code, being sections
26 339.101 to 339.2721 of the Michigan Compiled Laws, are as follows:
27 PUBLIC ACCOUNTING
1 (a) Application processing fee $ 35.00
2 (b) License to Practice and Registration of Certificate,
3 Per Year $ 40.00
4 (c) Registration:
5 (i) Individual's Registration of Certificate, Per Year $ 15.00
6 (ii) Firm or Corporation, or Branch Office Per Year $ 35.00
7 (d) Permit for Temporary Practice $ 15.00
8 ARCHITECT
9 (a) Application Processing $ 30.00
10 (b) Supplemental Application Processing $ 20.00
11 (c) License Fee, Per Year $ 35.00
12 PROFESSIONAL ENGINEER
13 (a) Application Processing $ 35.00
14 (b) Supplemental Application Fee Processing $ 20.00
15 (c) License Fee, Per Year $ 40.00
16 LAND SURVEYOR
17 (a) Application processing fee $ 35.00
18 (b) Supplemental application processing fee $ 20.00
19 (c) Examination Fees:
20 (i) Complete Examination $110.00
21 (ii) Part 1 of the Examination (Fundamentals) $ 55.00
22 (iii) Part 2a of the Examination (Principles & Practice) $ 45.00
23 (iv) Part 2b of the Examination (Michigan Practice) $ 40.00
24 (d) Examination Review $ 20.00
25 (e) License Fee, Per Year $ 50.00
1 LANDSCAPE ARCHITECT
2 (a) Application Processing Fee $ 35.00
3 (b) Supplemental Application Processing Fee $ 20.00
4 (c) Examination Fees:
5 (i) Complete Examination $265.00
6 (ii) Section 1 of the Examination $ 25.00
7 (iii) Section 2 of the Examination $ 35.00
8 (iv) Section 3 of the Examination $100.00
9 (v) Section 4 of the Examination $125.00
10 (d) Examination Review $ 25.00
11 (e) Registration Fee, Per Year $ 40.00
12 BARBER, STUDENT BARBER, STUDENT INSTRUCTOR, OR BARBER INSTRUCTOR,
13 BARBERSHOP OR BARBER COLLEGE
14 (a) Application Processing Fees:
15 (i) Student Barber, Barber, Student Instructor, Barber
16 Instructor $ 20.00
17 (ii) Barbershop $ 50.00
18 (iii) Barber College $ 75.00
19 (b) Examination Fees:
20 (i) Complete Barber or Instructor Examination $ 75.00
21 (ii) Written Portion Only $ 35.00
22 (iii) Practical Portion Only $ 45.00
23 (c) Examination Review $ 20.00
24 (d) License Fees, per year:
25 (i) Student Barber, Barber, Student Instructor $ 30.00
26 (ii) Barber Instructor $ 40.00
27 (iii) Barbershop $ 40.00
1 (iv) Barber College $150.00
2 (e) Demonstrator's or Demonstration Temporary Permit $ 15.00
3 COLLECTION AGENCY; COLLECTION AGENCY MANAGER
4 Compiled Laws are as follows:
5 (a) Application Processing Fees:
6 (i) Agency Non-owner Manager $ 35.00
7 (ii) Agency $100.00
8 (b) Examination Fee $ 50.00
9 (c) Examination Review Fee $ 20.00
10 (d) License Fee, Per Year:
11 (i) Agency Non-owner manager $ 50.00
12 (ii) Agency $125.00
13 PROFESSIONAL COMMUNITY PLANNER
14 (a) Application Processing Fee $ 35.00
15 (b) Supplemental Application Processing Fee $ 20.00
16 (c) Examination Fee; Michigan Portion $100.00
17 (d) Examination Review $ 25.00
18 (e) Registration Fee, per year $ 50.00
19 COSMETOLOGIST, MANICURIST, NATURAL HAIR CULTURIST, ESTHETICIAN,
20 ELECTROLOGIST, OR INSTRUCTOR, OR COSMETOLOGY ESTABLISHMENT OR SCHOOL OF
21 COSMETOLOGY
22 (a) Application Processing Fees:
23 (i) Apprenticeship Program or Cosmetology Establishment $ 25.00
24 (ii) Cosmetologist, Manicurist, Natural Hair Culturist
25 Esthetician, Electrologist, or Instructor $ 15.00
26 (iii) School of Cosmetology $100.00
1 (b) Examination Fees:
2 (i) Complete Examination for Cosmetologist, Manicurist
3 Natural Hair Culturist, Esthetician, Electrologist or Instructor $ 25.00
4 (ii) Written Portion only or Practical Portion only $ 15.00
5 (iii) Examination Review $ 20.00
6 (c) License Fees, Per Year:
7 (i) Cosmetologist, Manicurist, Natural Hair Culturist
8 Esthetician, Electrologist, or Instructor $ 24.00
9 (ii) Cosmetology Establishment $ 25.00
10 (iii) School of Cosmetology $100.00
11 (d) Student Registration or Transfer Fee $ 15.00
12 EMPLOYMENT OR CONSULTING AGENT; PERSONNEL AGENCY
13 (a) Application Processing Fees:
14 (i) Personnel Agency $225.00
15 (ii) Employment or Consulting Agent $ 30.00
16 (iii) Officer of Stockholder Change $ 25.00
17 (b) Examination Fee $ 50.00
18 (c) Examination Review $ 20.00
19 (d) License Fee, Per Year:
20 (i) Personnel Agency $125.00
21 (ii) Employment or Consulting Agent $ 40.00
22 FORESTER
23 (a) Application Processing Fee $ 50.00
24 (b) Registration Fee, Per Year $ 40.00
25 HEARING AID DEALER, SALESPERSON
26 (a) Application Processing Fees:
27 (i) Dealer or Salesperson $ 20.00
1 (ii) Trainee $ 10.00
2 (b) Examination Fees:
3 (i) Complete Dealer or Salesperson Examination $100.00
4 (ii) Dealer Examination, Per Part $ 35.00
5 (iii) Salesperson Examination, Per Part $ 30.00
6 (c) Examination Review $ 20.00
7 (d) License Fees, Per Year:
8 (i) Dealer $ 80.00
9 (ii) Salesperson $ 50.00
10 (iii) Trainee $ 40.00
11 REAL ESTATE BROKER, ASSOCIATE BROKER, SALESPERSON, OR BRANCH
12 (a) Application Processing Fees:
13 (i) Brokers and Associate Brokers $ 35.00
14 (ii) Salespersons or Branch Office $ 10.00
15 (b) License Fees, Per Year:
16 (i) Brokers and Associate Brokers $ 36.00
17 (ii) Salespersons $ 26.00
18 (c) Branch Office Fee, per Year $ 20.00
19 (d) Sale of Out of State Property:
20 (i) Application to Sell or Renewal of Approval to Sell $ 20.00
22 (ii) Property Registration $500.00
23 A fee shall not be required for the registration of property
24 approved under the land sales act, Act No. 286 of the Public Acts of
25 1972, being sections 565.801 to 565.835 of the Michigan Compiled Laws.
26 STATE LICENSED REAL ESTATE APPRAISER, CERTIFIED GENERAL REAL ESTATE
27 APPRAISER, CERTIFIED RESIDENTIAL REAL ESTATE APPRAISER OR A LIMITED
1 REAL ESTATE APPRAISER
2 (a) Application Processing fees:
3 (i) Certified General Real Estate Appraiser, Certified
4 Residential Real Estate Appraiser, State Licensed Real Estate
5 Appraiser, Limited Real Estate Appraiser $ 35.00
6 (b) Examination Fees, if the Department conducts its own
7 Examinations:
8 (i) Certified General Real Estate Appraiser, Certified
9 Residential Real Estate Appraiser, State Licensed Real Estate
10 Appraiser $100.00
11 (c) License Fee, Per Year:
12 (i) Certified General Real Estate Appraiser, Certified
13 Residential Real Estate Appraiser, State Licensed Real Estate
14 Appraiser $175.00
15 (ii) Limited Real Estate Appraisers or Temporary
16 Permit Fee $125.00
17 The license fee includes a fee imposed by the federal government
18 under sections 1113 and 1114 of title XI of the financial institutions
19 reform, recovery and enforcement act of 1989, Public Law 101-73, 12
20 U.S.C. 3331 to 3351, for certified general real estate appraisers,
21 certified residential real estate appraisers, and state licensed real
22 estate appraisers, which shall not exceed $50.00 per licensee and which
23 the department shall collect and pay to the federal government pursuant
24 to section 2637 of the occupational code, MCL 339.2637.
25 RESIDENTIAL BUILDER OR RESIDENTIAL MAINTENANCE AND ALTERATION
26 CONTRACTOR, SALESPERSON OR BRANCH OFFICE
27 (a) Application Processing Fee $ 15.00
1 (b) Examination Fees:
2 (i) Complete Builder or Maintenance & Alteration
3 Contractor Exam $ 50.00
4 (ii) Law and Rules Portion or Practice or Trades or
5 Salesperson Exam $ 30.00
6 (c) Examination Review $ 20.00
7 (d) License Fee, Per Year $ 40.00
8 MORTUARY SCIENCE; FUNERAL ESTABLISHMENT; RESIDENT TRAINEE; EMBALMER
9 OR FUNERAL DIRECTOR
10 (a) Application Processing Fees:
11 (i) Mortuary Science License $ 20.00
12 (ii) Funeral Establishment License $115.00
13 (iii) Resident Trainee $ 15.00
14 (b) Examination Fees:
15 (i) Complete Examination $200.00
16 (ii) National Examination Only $150.00
17 (iii) State Examination Only $ 50.00
18 (c) Examination Review $ 25.00
19 (d) License Fees, Per Year:
20 (i) Mortuary Science $ 40.00
21 (ii) Funeral Establishment $ 55.00
22 (iii) Embalmer or Funeral Director $ 40.00
23 (iv) Resident Trainee $ 30.00
24 PROFESSIONAL BOXER, PROFESSIONAL WRESTLER, JUDGE, MANAGER, REFEREE,
25 TIMEKEEPER, ANNOUNCER, SECOND, BOXING CLUB, PROMOTER, MATCHMAKER OR
26 PHYSICIAN
27 (a) Application Processing Fees:
1 (i) Professional Boxer License and Passport $ 35.00
2 (ii) All Other Licenses $ 30.00
3 (b) License Fee, Per Year:
4 (i) Professional Boxer, Professional Wrestler, Second $ 20.00
5 (ii) Judge, Physician, Announcer, Timekeeper $ 30.00
6 (iii) Boxing Club $ 40.00
7 (iv) Manager or Matchmaker or Amateur Referee $ 50.00
8 (v) Professional Referee $ 75.00
9 (vi) Professional Promoter $250.00
10 (c) Professional Boxing or Wrestling Permit Fee, Per Show $ 50.00
11 (d) Duplicate Boxer Passport Fee $ 30.00
12 OCULARIST; APPRENTICE OCULARIST
13 (a) Application Processing Fee $35.00
14 (b) Registration Fee, Per Year:
15 (i) Ocularist $ 40.00
16 (ii) Apprentice $ 20.00
17 Sec. 337. (1) Fees authorized by this section shall be used only to
18 offset the costs of operating the department.
19 (2) Money appropriated under this bill for health facility
21 regulation shall not be expended unless the department assesses annual
22 fees for health facility and agency licenses and assesses fees for
23 permits, surveys and plan reviews in accordance with the following fee
24 schedule:
25 (a) Hospitals $ 10.00 per bed
26 (b) Nursing homes, county medical care facilities,
27 and hospital long-term care units $ 10.00 per bed
1 (c) Freestanding surgical outpatient facilities $450.00 per facility
2 (d) Hospice residences $200.00 per survey plus $20.00 per bed
3 (e) Psychiatric hospitals $600.00 renewal fee plus $10.00 per bed
4 (f) Psychiatric treatment positions $7.50 per treatment position
5 (g) Construction permit reviews 1% of first $1.0 million of capital
6 expenditure and .85% of capital
7 expenditure over $1.0 million
8 (not to exceed $60,000.00 per project)
9 (h) Substance abuse programs $100.00
10 (i) EMS life support agencies (ambulance operations,
11 nontransport prehospital life support operations, or
12 aircraft transport operations) $100.00
13 (j) Ambulance, nontransport prehospital life support
14 vehicle, or aircraft transport vehicle $35.00 land; $100.00 air
15 (3) A person shall pay, and the department shall accept, fees
16 established in this section in lieu of any equivalent licensure survey
17 or review fee established by Public Act 368 of 1978, as amended, being
18 sections 333.1101 to 333.25211 of the Michigan compiled laws. Fees not
19 addressed in this section shall be assessed and collected as prescribed
20 by law.
21 (4) If a hospital requests the department to conduct a
22 certification survey for purposes of title XVIII or title XIX of the
23 social security act, the hospital shall pay a license fee surcharge of
24 $23.00 per bed. As used in this subsection, "title XVIII" and "title
25 XIX" mean those terms as defined in section 20155 of public act 368 of
26 1978, as amended, being section 333.20155 of the Michigan compiled
27 laws.
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 department
6 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 issued
9 at the expiration date of a temporary permit without an additional fee
10 for the balance of the period for which the fee was paid if the
11 requirements for licensure are met.
12 (8) The application fee for a waiver under section 21564 of
13 Public Act 368 of 1978, as amended, being section 333.21564 of the
14 Michigan compiled laws, is $200.00 plus $40.00 per hour for the
15 professional services and travel expenses directly related to
16 processing the application. The travel expenses shall be calculated in
17 accordance with the state standardized travel regulations of the
18 department of management and budget in effect at the time of the
19 travel.
20 (9) If an application for renewal of an ambulance operation,
21 nontransport prehospital life support operation, or aircraft transport
22 operation license is received by the department after the expiration
23 date of the license, the applicant shall pay a late fee in the amount
24 of $300.00 in addition to the renewal fee. If an application for
25 renewal is not received by the department within 60 days after the
26 license expires, the department shall not issue a renewal license
27 unless the licensee completes the requirements for initial licensure
1 and pays the late fee.
2 (10) If an application for renewal of an ambulance or
3 nontransport prehospital life support vehicle, or aircraft transport
4 vehicle license is received by the department after the expiration date
5 of the license, the applicant shall pay a late fee in the amount of
6 $100.00 in addition to the renewal fee. If an application for renewal
7 is not received by the department within 60 days after the license
8 expires, the department shall not issue a renewal license unless the
9 licensee completes the requirements for initial licensure and pays the
10 late fee.
11. (11) The department shall give nursing home providers the
...
12 voluntary option of requesting an informal review of the
...
13 appropriateness of a citation by an independent agency with
...
14 qualifications to conduct informal deficiency dispute resolutions as
...
15 required by federal law. The department may enter a contract with a
...
16 qualified agency for these reviews and shall charge a fee to a facility
...
17 requesting an independent review sufficient to cover the actual cost.