2018 MR 16 - Sept 15, 2018 - Michigan · 2018-09-14 · Michigan Register Published pursuant to § 24.208 of The Michigan Compiled Laws Issue No. 16— 2018 (This issue, published

Michigan Register Issue No. 16 – 2018 (Published September 15, 2018)

GRAPHIC IMAGES IN THE

MICHIGAN REGISTER COVER DRAWING Michigan State Capitol:

This image, with flags flying to indicate that both chambers of the legislature are in session, may have originated as an etching based on a drawing or a photograph. The artist is unknown. The drawing predates the placement of the statue of Austin T. Blair on the capitol grounds in 1898. (Michigan State Archives) PAGE GRAPHICS Capitol Dome:

The architectural rendering of the Michigan State Capitol’s dome is the work of Elijah E. Myers, the building’s renowned architect. Myers inked the rendering on linen in late 1871 or early 1872. Myers’ fine draftsmanship, the hallmark of his work, is clearly evident. Because of their size, few architectural renderings of the 19th century have survived. Michigan is fortunate that many of Myers’ designs for the Capitol were found in the building’s attic in the 1950’s. As part of the state’s 1987 sesquicentennial celebration, they were conserved and deposited in the Michigan State Archives. (Michigan State Archives) East Elevation of the Michigan State Capitol:

When Myers’ drawings were discovered in the 1950’s, this view of the Capitol – the one most familiar to Michigan citizens – was missing. During the building’s recent restoration (1989-1992), this drawing was commissioned to recreate the architect’s original rendering of the east (front) elevation. (Michigan Capitol Committee)

Michigan

Register Published pursuant to § 24.208 of

The Michigan Compiled Laws

Issue No. 16— 2018 (This issue, published September 15, 2018, contains

documents filed from August 15, 2018 to September 1, 2018)

Compiled and Published by the

Office of Regulatory Reinvention

© 2018 by Office of Regulatory Reinvention, State of Michigan All rights reserved.

Printed in the United States of America

Michigan Register (ISSN 0892-3124). Published twice per month, with a cumulative index, by the Office of Regulatory Reinvention, pursuant to §24.208 of the Michigan Compiled Laws. Subscription $400.00 per year, postpaid to points in the U.S. First class postage paid at Lansing, Michigan. Direct all mail concerning subscriptions to Office of Regulatory Reinvention, Romney Building – Eight Floor, 111 S. Capitol, Lansing, MI 48909 Jeff Bankowski, Executive Director, Office of Performance and Transformation; Deidre O’Berry, Administrative Rules Specialist for Operations and Publications.

Rick Snyder, Governor

Brian Calley, Lieutenant Governor

PREFACE

PUBLICATION AND CONTENTS OF THE MICHIGAN REGISTER

The Office of Regulatory Reform publishes the Michigan Register. While several statutory provisions address the publication and contents of the Michigan Register, two are of particular importance. 24.208 Michigan register; publication; cumulative index; contents; public subscription; fee; synopsis of proposed rule or guideline; transmitting copies to office of regulatory reform.

Sec. 8.

(1) The office of regulatory reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

(a) Executive orders and executive reorganization orders.

(b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills signed into law by the governor during the calendar year and the corresponding public act numbers.

(c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills vetoed by the governor during the calendar year.

(d) Proposed administrative rules.

(e) Notices of public hearings on proposed administrative rules.

(f) Administrative rules filed with the secretary of state.

(g) Emergency rules filed with the secretary of state.

(h) Notice of proposed and adopted agency guidelines.

(i) Other official information considered necessary or appropriate by the office of regulatory reform.

(j) Attorney general opinions.

(k) All of the items listed in section 7(m) after final approval by the certificate of need commission under section 22215 of the public health code, 1978 PA 368, MCL 333.22215.

(2) The office of regulatory reform shall publish a cumulative index for the Michigan register.

(3) The Michigan register shall be available for public subscription at a fee reasonably calculated to cover publication and distribution costs.

(4) If publication of an agency's proposed rule or guideline or an item described in subsection (1)(k) would be unreasonably expensive or lengthy, the office of regulatory reform may publish a brief synopsis of the proposed rule or guideline or item described in subsection (1)(k), including information on how to obtain a complete copy of the proposed rule or guideline or item described in subsection (1)(k) from the agency at no cost.

(5) An agency shall electronically transmit a copy of the proposed rules and notice of public hearing to the office of regulatory reform for publication in the Michigan register.

4.1203 Michigan register fund; creation; administration; expenditures; disposition of money received from sale of Michigan register and amounts paid by state agencies; use of fund; price of Michigan register; availability of text on internet; copyright or other proprietary interest; fee prohibited; definition.

Sec. 203.

(1) The Michigan register fund is created in the state treasury and shall be administered by the office of regulatory reform. The fund shall be expended only as provided in this section.

(2) The money received from the sale of the Michigan register, along with those amounts paid by state agencies pursuant to section 57 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.257, shall be deposited with the state treasurer and credited to the Michigan register fund.

(3) The Michigan register fund shall be used to pay the costs of preparing, printing, and distributing the Michigan register.

(4) The department of management and budget shall sell copies of the Michigan register at a price determined by the office of regulatory reform not to exceed the cost of preparation, printing, and distribution.

(5) Notwithstanding section 204, beginning January 1, 2001, the office of regulatory reform shall make the text of the Michigan register available to the public on the internet.

(6) The information described in subsection (5) that is maintained by the office of regulatory reform shall be made available in the shortest feasible time after the information is available. The information described in subsection (5) that is not maintained by the office of regulatory reform shall be made available in the shortest feasible time after it is made available to the office of regulatory reform.

(7) Subsection (5) does not alter or relinquish any copyright or other proprietary interest or entitlement of this state relating to any of the information made available under subsection (5).

(8) The office of regulatory reform shall not charge a fee for providing the Michigan register on the internet as provided in subsection (5).

(9) As used in this section, “Michigan register” means that term as defined in section 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.205.

CITATION TO THE MICHIGAN REGISTER

The Michigan Register is cited by year and issue number. For example, 2001 MR 1 refers to the year of issue (2001) and the issue number (1).

CLOSING DATES AND PUBLICATION SCHEDULE The deadlines for submitting documents to the Office of Regulatory Reinvention for publication in the Michigan Register are the first and fifteenth days of each calendar month, unless the submission day falls on a Saturday, Sunday, or legal holiday, in which event the deadline is extended to include the next day which is not a Saturday, Sunday, or legal holiday. Documents filed or received after 5:00 p.m. on the closing date of a filing period will appear in the succeeding issue of the Michigan Register. The Office of Regulatory Reinvention is not responsible for the editing and proofreading of documents submitted for publication. Documents submitted for publication should be delivered or mailed in an electronic format to the following address: MICHIGAN REGISTER, Office of Regulatory Reinvention, Romney Building – Eight Floor, 111 S. Capitol, Lansing, MI 48909

RELATIONSHIP TO THE MICHIGAN ADMINISTRATIVE CODE

The Michigan Administrative Code (1979 edition), which contains all permanent administrative rules in effect as of December 1979, was, during the period 1980-83, updated each calendar quarter with the publication of a paperback supplement. An annual supplement contained those permanent rules, which had appeared in the 4 quarterly supplements covering that year. Quarterly supplements to the Code were discontinued in January 1984, and replaced by the monthly publication of permanent rules and emergency rules in the Michigan Register. Annual supplements have included the full text of those permanent rules that appear in the twelve monthly issues of the Register during a given calendar year. Emergency rules published in an issue of the Register are noted in the annual supplement to the Code.

SUBSCRIPTIONS AND DISTRIBUTION

The Michigan Register, a publication of the State of Michigan, is available for public subscription at a cost of $400.00 per year. Submit subscription requests to: Office of Regulatory Reinvention, Romney Building –Eight Floor, 111 S. Capitol Avenue, Lansing, MI 48909. Checks Payable: State of Michigan. Any questions should be directed to the Office of Regulatory Reinvention (517) 335-8658.

INTERNET ACCESS The Michigan Register can be viewed free of charge on the Internet web site of the Office of Regulatory Reinvention: www.michigan.gov/orr. Issue 2000-3 and all subsequent editions of the Michigan Register can be viewed on the Office of Regulatory Reinvention Internet web site. The electronic version of the Register can be navigated using the blue highlighted links found in the Contents section. Clicking on a highlighted title will take the reader to related text, clicking on a highlighted header above the text will return the reader to the Contents section. Jeff Bankowski, Executive Director,

Office of Performance and Transformation

2018 PUBLICATION SCHEDULE Closing Date for Issue Filing or Submission Publication No. Of Documents (5 p.m.) Date 1 January 15, 2018 February 1, 2018 2 February 1, 2018 February 15, 2018 3 February 15, 2018 March 1, 2018 4 March 1, 2018 March 15, 2018 5 March 15, 2018 April 1, 2018 6 April 1, 2018 April 15, 2018 7 April 15, 2018 May 1, 2018 8 May 1, 2018 May 15, 2018 9 May 15, 2018 June 1, 2018 10 June 1, 2018 June 15, 2018 11 June 15, 2018 July 1, 2018 12 July 1, 2018 July 15, 2018 13 July 15, 2018 August 1, 2018 14 August 1, 2018 August 15, 2018 15 August 15, 2018 September 1, 2018 16 September 1, 2018 September 15, 2018 17 September 15, 2018 October 1, 2018 18 October 1, 2018 October 15, 2018 19 October 15, 2018 November 1, 2018 20 November 1, 2018 November 15, 2018 21 November 15, 2018 December 1, 2018 22 December 1, 2018 December 15, 2018 23 December 15, 2018 January 1, 2019 24 January 1, 2019 January 15, 2019

CONTENTS

ADMINISTRATIVE RULES FILED WITH SECRETARY OF STATE

Department of Health and Human Services Behavioral Health and Developmental Disabilities Administration (2018-013)

Community Health Programs ........................................................................................... 2-4 Department of Health and Human Services Behavioral Health and Developmental Disabilities Administration (2018-014)

Guardianship for Recipients of Mental Health Services .................................................. 5-9 Department of Licensing and Regulatory Affairs Bureau of Community and Health Systems (2018-022)

Homes for the Aged .......................................................................................................... 10-12 Department of Technology, Management, and Budget Office of Property Services (2018-048)

Parking on State Property ................................................................................................. 13-14 Department of Education Superintendent of Public Instruction (2018-052)

Financial Accounting Systems for Public Schools ........................................................... 15-15

PROPOSED ADMINISTRATIVE RULES, NOTICES OF PUBLIC HEARINGS

Department of Licensing and Regulatory Affairs Bureau of Medical Marihuana Regulation (2017-042)

Medical Marihuana Facilities ........................................................................................... 17-51 Public Hearing Notice ....................................................................................................... 52-52

Department of Military and Veterans Affairs Bureau of Construction Codes (2018-008)

Veterans' Trust Fund board of Trustees ............................................................................ 53-60 Public Hearing Notice ....................................................................................................... 61-61

MICHIGAN ADMINISTRATIVE CODE TABLE

Table (2018 Session) .................................................................................................................... 63-68

CUMULATIVE INDEX

Cumulative Index (2018) .............................................................................................................. 69-73

BILLS SIGNED INTO LAW OR VETOED Appendix Table 1 (2018 Session) (Legislative Service Bureau Pages (1-34) .............................. 74-74

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ADMINISTRATIVE RULES FILED WITH THE SECRETARY OF STATE

MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * (f) Administrative rules filed with the secretary of state.”

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ADMINISTRATIVE RULES

DEPARTMENT OF HEALTH AND HUMAN SERVICES

BEHAVIORAL HEALTH & DEVELOPMENTAL DISABILITIES ADMINISTRATION

COMMUNITY HEALTH PROGRAMS

Filed with the Secretary of State on August 30, 2018 These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the department of health and human services by section 33 of 1969 PA 306, and sections 114, 136, 201, 206, 244, 498n, 842, and 1002a of 1974 PA 258, MCL 24.233, 330.1114, 330.1136, 330.1201, 330.1206, 330.1244, 330.1498n, 330.1842, and 330.2002a.) R 330.2006, R 330.2008, R 330.2010, R 330.2041, and R 330.2058 of the Michigan Administrative Code are amended as follows: R 330.2006 Emergency intervention services. Rule 2006. (1) "Emergency intervention services” means those outpatient services provided to a person suffering from an acute problem of disturbed thought, behavior, mood, or social relationship which requires immediate intervention as defined by the client or the client’s family or social unit. (2) Emergency intervention services include all the following: (a) A telephone that is answered 24 hours a day for dealing with mental health emergencies. The number for this telephone shall be advertised through the telephone book, public information efforts, and by notifying the appropriate agencies of the telephone number and the services provided. (b) Provision for face-to-face services to persons in the areas of crisis evaluation, intervention, and disposition. (c) A manual on emergency care protocols for use by the emergency services unit staff. (3) The community mental health services provider shall assign mental health professionals or trained mental health workers for telephone and walk-in services. (4) Emergency care includes all the following: (a) Evaluation, which means arrangements for determining the client's mental status, medical status and need for treatment, and, when indicated, medication status and family, job, or housing situations. (b) Intervention, which means face-to-face counseling and initiation and monitoring of medication when indicated. (c) Disposition, which means the ability to provide or make referral for all the following: (i) Hospital emergency department services. (ii) Psychiatric inpatient services. (iii) Specific community-based services, such as the following examples: (A) Respite care placement. (B) Outpatient care.

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(C) Home visits. (D) Aftercare. (E) Day treatment/care. (F) Drug or alcohol programming. (G) Problem pregnancy help. (H) Spouse and child abuse help. (I) Children's services. (J) Adolescent services. (K) Geriatric services. (L) Services for persons with intellectual and developmental disabilities. (M) Social services. (5) For the disposition of emergency intervention matters, the community mental health services provider shall provide all the following: (a) Written referral procedures, available to the staff, for emergency care and voluntary and involuntary psychiatric hospitalization. (b) Documented efforts to arrange for the transportation of the client, when necessary. (c) A list of available dispositions within the community mental health area of service with special notations for those dispositions having 24-hour accessibility. (6) In the administration of the emergency services, the community mental health services provider shall provide evidence of all of the following: (a) Periodic testing with regard to the accessibility, availability, and effectiveness, of those emergency intervention services. (b) Regular meetings of staff involved in emergency services to discuss administrative, supervisory, training, programmatic, and client management issues. (c) Confidential records of all mental health emergency contacts, whether the contacts are by telephone or walk-in contact. (d) Training or experience of the emergency intervention staff using such factors as professional credentials, licensure, descriptions of training experiences, in-service orientation, in-service education, and continuing education. R 330.2008 Outpatient services. Rule 2008. (1) Outpatient services include all the following: (a) Diagnostic and evaluation service. (b) Referral service. (c) Counseling service by arrangement at scheduled intervals and in nonscheduled visits at times of increased stress. (d) Service to families of individuals in mental hospitals or residential facilities, as appropriate and as requested. (e) Life consultation and planning for the persons with intellectual disabilities, and persons with developmental disabilities as defined in section 100a of the act. (f) Treatment service to individuals in mental hospitals or residential facilities when appropriate with the consent of the individual and the hospital or facility staff person in charge of the individual's plan of service. (2) The community mental health services provider outpatient services shall be made available at times of the day and week appropriate to meet the needs of the population served. (3) Outpatient services shall be accessible to the population served.

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(4) Provision for adequate and appropriate space to deliver services, including provision for privacy and the special needs of children, adolescents, and physically handicapped persons shall be provided by the community mental health services provider. R 330.2010 Day program and activity services. Rule 2010. Day program and activity services shall include providing habilitative and rehabilitative treatment and training activity for mentally ill children, mentally ill adults, children with intellectual disabilities, adults with intellectual disabilities, and persons with a developmental disability requiring services similar to those provided persons with intellectual disabilities. R 330.2041 Filing of documents. Rule 2041. The community mental health services provider shall keep the following documents current and on file with the department: (a) Copies of the original resolution of the county board of commissioners, and revisions, which establish a community mental health program and community mental health board under the act and promulgated rules under the act. (b) Copies of operational contracts, contract revisions, and agreements between the community mental health board and agencies which supply services or operate mental health or facilities for intellectual or developmental disabilities. R 330.2058 Programs ineligible for state financial support. Rule 2058. Programs ineligible for state financial support shall include all of the following: (a) Programs other than those directed at mental illness, intellectual disabilities, or developmental disabilities or concerned with the prevention of mental illness, intellectual disabilities, or developmental disabilities, if programs for the appraised and perceived needs of the community's mentally ill, intellectual disabilities, or developmentally disabled do not exist. (b) Programs and services that directly or indirectly violate the act and the rules promulgated under the act. (c) Programs that do not meet the needs of the community. (d) Programs determined by the department as unnecessary or inappropriate to ensure reasonable use of state funds and ensure a legitimate interest of the state.

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

BEHAVIORAL HEALTH & DEVELOPMENTAL DISABILITIES ADMINISTRATION

GUARDIANSHIP FOR RECIPIENTS OF MENTAL HEALTH SERVICES

Filed with the Secretary of State on August 30, 2018

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the department of health and human services by section 33 of 1969 PA 306, and sections 114, 136, 201, 206, 244, 498n, 842, and 1002a of 1974 PA 258, being MCL 24.233, MCL 330.1114, MCL 330.1136, MCL 330.1201, MCL 330.1206, MCL 330.1244, MCL 330.1498n, MCL 330.1842, and MCL 330.2002a.) R 330.6006, R 330.6013, R 330.6019, and R 330.6022 of the Michigan Administrative Code are amended, as follows: R 330.6006 Applicability. Rule 6006. (1) These rules apply to persons designated developmentally and/or intellectually disabled as that term is defined in sections 100a and 100b of the mental health code, 1974 PA 258, MCL 330.1100a and MCL 330.1100b. (2) A determination of need for guardianship proceedings may also be made under these rules for persons who are designated mentally ill. Upon a determination that a mentally ill recipient cannot give informed consent, a hospital or program director shall not cause a proceeding for guardianship to be commenced in the probate court but shall notify the persons indicated by these rules. When a person is not available to be notified or the notified persons refuse to take action and action is urgently needed, a hospital or program director may elect to commence appropriate probate court guardianship proceedings authorized by law if a suitable candidate to serve as guardian is available or the probate court has indicated a willingness to appoint a public guardian at county expense, request a probate court to consent to the performance of surgery or electroconvulsive therapy or other procedure intended to produce convulsion or coma in lieu of the person eligible to give consent, or resort to other emergency procedures listed in section 5312 of estates and protected individuals code, 1998 PA 386, MCL 700.5312. R 330.6013 Informed consent board. Rule 6013. (1) Upon review, a facility or program director shall determine whether a staff member's written conclusion that a person is not capable of giving or refusing to give an informed consent is of substantial weight. A facility or program director shall, when possible, authorize staff to act upon an application, consent, or refusal of a person of the age of 18 or over who is presumed to be legally competent. If a facility or program director determines that a staff member's written conclusion that a

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person is not capable of giving or refusing to give an informed consent is of substantial weight, he or she shall convene an informed consent board. (2) An informed consent board may either be a standing interdisciplinary body drawn from an existing interdisciplinary review board within a facility or program or may be appointed on a case-by-case basis. An informed consent board shall consist of the following: (a) Two mental health professionals of different disciplines with appropriate clinical experience or training. (b) A third person who is not employed by the facility or program but who is selected by the facility or program director from qualified volunteers with an interest in mental health or developmental and/or intellectual disability advocacy and services. (3) One board member shall have had prior clinical contact with the person whose ability to give informed consent is at issue, but a board member shall not have been involved in either the action or application for which consent is needed or the decision to evaluate the need for guardianship proceedings. (4) A board shall evaluate the capacity of a person to give or refuse to give the required informed consent by interviewing the person and other appropriate persons and by evaluating available clinical records and test results. A board shall submit a written report which states the board’s findings of fact, the person’s desires in the matter, when possible, a conclusion whether the consent or refusal is or will be informed, and the board's recommendation. (5) Informed consent assumes all of the following: (a) That a person has the capacity to make a decision and to understand rationally the nature of the procedure, its risks or other consequences, and other relevant information despite deprivations stemming from confinement and despite the negative effects of institutionalization. (b) That a person has been made aware of the procedure, risks, or other direct ramifications, including benefits, reasonably to be expected and of an appropriate alternative which is advantageous to the person. There shall be an offer to answer further inquiries of the person. (c) That a decision is or will be an exercise of free power of choice without intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion, including promises or assurances of freedom or privileges. The person shall be instructed that he or she is free to withdraw consent or to discontinue an ongoing activity or participation at any time without prejudice. (6) A board shall recommend those mental, physical, social, or educational evaluations which it deems necessary to further ascertain the capacity of a person to give informed consent or the need of a minor who is approaching the age of 18 for protective services of a guardian, to determine if guardianship will promote and protect the well-being of the person, or to arrive at a suitable guardianship design. (7) If a majority of an informed consent board concludes that a person does not have the capacity to make a decision or to rationally understand a situation, as required for an informed consent, and if the board concludes that guardianship can promote and protect the well-being of the person and recommends a guardianship request designed to encourage the development of maximum self-reliance and independence in the individual, then a director of the facility or program shall cause a proceeding for guardianship to be commenced in the probate court. Steps taken to cause a proceeding shall be in accordance with R 330.7003 and this rule on a facility's or program's role in guardianship proceedings. (8) If a majority of an informed consent board concludes that informed consent is absent either because a person has not been made sufficiently aware of the procedures, risks, other ramifications, benefits, or alternatives or because a decision is not voluntary, as required for an informed consent, the director shall cause the individual to be provided necessary information or, when possible, an opportunity for voluntary choice.

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(9) If a majority of an informed consent board concludes that a person can give or has given an informed consent or has the capacity to give an informed consent and has refused to consent, the facility or the program director shall authorize the staff to act accordingly. (10) A parent or a responsible relative, a previously appointed current partial guardian, or other interested person or entity shall be notified by the informed consent board of a determination that a person cannot give an informed consent. More than 1 person or entity may be notified. (11) A copy of an informed consent board's report shall be placed in the person's case record. R 330.6019 Facility or program rule in guardianship proceedings. Rule 6019. (1) When guardianship is deemed necessary, a facility or program director shall endeavor to cause the petitioner to be an appropriate family member, friend, or public or private agency or association, other than an agency or association directly providing services to the person. The person may also be the petitioner. (2) When the facility or program director or an authorized staff member petitions for appointment of a guardian, the petition shall not request, and a report provided by a department facility or a county program shall not recommend a greater scope or duration of guardianship powers and duties than is absolutely necessary to meet the needs presented by the person's actual mental and adaptive limitations and for which an informed consent board evaluated the ability of the person to consent or for which a minor approaching the age of 18 has been evaluated by an informed consent board as needing protective services of a guardian. (3) A guardianship request shall be designed to encourage development of maximum self-reliance and independence in the person. (4) If a petition previously filed on behalf of a facility or program resulted in appointment of a plenary guardian of the estate or a partial guardian or a refusal by a court to appoint any guardian, a facility or program director shall not authorize a subsequent petition unless there has been a significant deterioration in the person’s condition or other compelling change in circumstances. This requirement does not prevent action for emergency guardianship. (5) Only when it is necessary for a court to summarily appoint a temporary guardian and then only when another person, agency, or association is not available to serve as guardian, shall a facility or program providing services to a person offer to serve as guardian. (6) When a facility or program petitions for appointment of a guardian, a facility or program director shall cause, wherever possible, that an appropriate family member, friend, or public or private agency or association be considered by the probate court for appointment as guardian. (7) Only on the request of a probate court and after all other possibilities have been exhausted may a department facility agree, on behalf of the department, to serve as a plenary or partial guardian. (8) The department shall decline to serve as guardian for a person not receiving services from a department facility. (9) A county community mental health program may accept an appointment as guardian for a person receiving services in a department facility, pursuant to these rules. (10) Staff members of the department and of a community mental health program shall not personally act as guardians. (11) Each facility director and community mental health director shall establish relationships with local associations for developmentally and/or intellectually disabled citizens and other appropriate public or private agencies or associations which can conduct an active guardianship program for a developmentally and/or intellectually disabled person to assist in obtaining individual or group guardians in cases where a family member or friends are not available.

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(12) When a department facility or county community program staff member petitions for appointment of a guardian, on behalf of the facility or program, a facility shall provide, and a program shall provide or contract for, a report required by law. This report shall contain all of the following: (a) Evaluations of the person’s mental, physical, social, and educational condition made not more than the 30 days prior to filing a petition. (b) A recommendation proposing the type and scope of guardianship services needed. (c) A judgment as to the most appropriate living arrangement. (d) Signatures of all persons, 1 of whom shall be a physician or a psychologist, who performed evaluations upon which the report is based. Any number of evaluations by persons not on the staff of the facility or program may be utilized. (13) If suitable, a facility may use a report of an informed consent board as part of a required report. (14) When facility or program staff petition for appointment of a guardian, a petition shall be filed in the probate court for the county of residence or county in which a developmentally and/or intellectually disabled person was found as determined by any of the following factors: (a) The county from which a person was admitted on the basis of a judicial admission or ordered to undergo a program of alternative care and treatment. (b) The county from which a person was referred to a facility or program by a county community mental health program or other public or private agency. (c) The county in which a person resides, if a parent has agreed to an appointment as guardian. (d) The county in which a person owns real estate suitable for residential use. (e) The county with which a person has substantial service contacts as evidenced by such factors as recent or current enrollment in a public education system, recent or current employment, current voter or automobile registration, valid driver’s license, bank accounts, or ownership of substantial tangible personal property. (f) A person's present residence if he or she resides outside a facility. (15) If the county of residence or the county in which a person was found cannot be determined, a petition may be filed by facility or program staff in the probate court for the county in which the facility is located. If both the county of residence or in which the person was found are outside the facility’s or program's service area, a petition may be filed in the probate court for the county in which the facility or program is located with the permission of the probate court. (16) Whenever a facility or program staff petitions for appointment of a guardian and there has previously been a guardian appointed for a person, the petition shall, where possible, be filed in the same probate court which previously appointed a guardian for the person, and in all cases the court shall be alerted by the petitioner to previous current or expired guardianship of which the petitioner has notice. (17) Whenever the department is appointed guardian, a facility shall request that the court order that the report to the court be at intervals which coincide with periodic reviews scheduled for the resident. (18) The guardian’s report to a court shall contain statements indicating all the following: (a) The person’s current mental, physical, social, and educational condition. (b) The person's present living arrangement. (c) The need for continued guardianship services. (d) Other information requested by the court or necessary in the opinion of a guardian. R 330.6022 Guardianship for minors. Rule 6022. (1) When the parent or other guardian of a developmentally and/or intellectually disabled minor in a facility or county program cannot be found after diligent effort or cannot give informed consent on behalf of a minor, facility or program staff may cause or initiate guardianship proceedings

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under chapter 6 of the act in a manner consistent with provisions of these rules. This provision does not exclude neglect proceedings in a juvenile court. (2) In areas where minors are authorized by law to give consent, and a parent does not give consent, or a minor’s desire to not involve parents, the capacity of a minor to give informed consent is in doubt, the measures authorized by these rules may be applied to arrange for a guardian to give consent on behalf of a minor.

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LICENSING AND REGULATORY AFFAIRS

DIRECTOR'S OFFICE

HOMES FOR THE AGED


These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the department of licensing and regulatory affairs by section 427 of 1965 PA 380, MCL 16.527, and section 2233 of 1978 PA 368, MCL 333.2233; and Executive Reorganization Order Nos. 1996-1, 1996-2, 2003-1, and 2015-1, MCL 330.3101, 445.2001, 445.2011, and 400.227.) R 325.1901 of the Michigan Administrative Code is amended as follows

PART 1. GENERAL PROVISIONS R 325.1901 Definitions Rule 1. (1) "Act" means 1978 PA 368, MCL 333.1101 to 333.25101. (2) "Activities of daily living" means activities associated with eating, toileting, bathing, grooming, dressing, transferring, mobility, and medication management. (3) "Admission policy" means a home's program statement of its purpose, eligibility requirements, and application procedures for admission. (4) "Assistance" means help provided by a home or an agent or employee of a home to a resident who requires help with activities of daily living. (5) "Authorized representative" means that person or agency that has been granted written legal authority by a resident to act on behalf of the resident or is the legal guardian of a resident. (6) "Department" means the department of licensing and regulatory affairs. (7) "Director" means the director of the department of licensing and regulatory affairs. (8) "Discharge policy" means a home's written statement of the criteria and procedures by which a resident is discharged from the home. (9) "Distinct part" means, for purposes of a home for the aged as defined in section 20106(3), MCL 333.20106(3), a clearly identifiable area or section within a licensed home consisting of at least a resident unit, wing, floor, or building containing contiguous rooms providing room and board and supervised personal care and protection to individuals 55 years of age or older. Appropriate personnel are regularly assigned and work in the distinct part under qualified direction. The distinct part may share services, such as management services, building maintenance, food preparation services, and laundry with a licensed nursing home or other entity.

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(10) "Elopement" means a resident is absent without notice for more than a 12-hour period unless otherwise indicated in the resident's service plan. (11) "Home" means a home for the aged. (12) "Licensed health care professional" means a person who is licensed under article 15 of the act, sections 16101 to 18838, MCL 333.16101 to 333.18838 and who is operating within the scope of his or her license. (13) "Major building modification" means an alteration of walls that creates a new architectural configuration or revision to the mechanical or electrical systems that significantly revise the design of the system or systems. Normal building maintenance, repair, or replacement with equivalent components are not considered major building modifications. A change in room function shall not cause a conflict with these rules. (14) "Medication management" means assistance with the administration of a resident's medication as prescribed by a licensed health care professional. (15) "Program statement" means a written description of the home's overall philosophy and mission reflecting the needs of residents and services provided to residents. A home that represents to the public that it provides residential care or services, or both, to persons with Alzheimer's disease or a related condition shall include in its program statement the information required by section 20178 of the act, MCL 333.20178. (16) "Protection" means the continual responsibility of the home to take reasonable action to ensure the health, safety, and well-being of a resident as indicated in the resident's service plan, including protection from physical harm, humiliation, intimidation, and social, moral, financial, and personal exploitation while on the premises, while under the supervision of the home or an agent or employee of the home, or when the resident's service plan states that the resident needs continuous supervision. (17) "Reportable incident/accident" means an intentional or unintentional event in which a resident suffers harm or is at risk of more than minimal harm, such as, but not limited to, abuse, neglect, exploitation, or unnatural death. (18) "Resident" means a person who is 55 years of age or older, or a person under the age of 55 who has been admitted through a waiver of the director pursuant to section 21311(3) of the act, MCL 333.21311(3). (19) "Resident admission contract" means a written agreement between the home and the resident and/or the resident's authorized representative that specifies the services to be provided, the fees to be charged, including all fees related to admission such as deposits, admission fees, advance care payments, application fees and all other additional fees, and the home's policies related to the admission and retention of a resident. (20) "Room and board" means the provision of housing and meals to meet the needs of the resident. (21) "Service plan" means a written statement prepared by the home in cooperation with a resident and/or the resident's authorized representative or agency responsible for a resident's placement, if any, and that identifies the specific care and maintenance, services, and resident activities appropriate for each individual resident's physical, social, and behavioral needs and well-being and the methods of providing the care and services while taking into account the preferences and competency of the resident. (22) "Supervision" means guidance of a resident in the activities of daily living, and includes all of the following: (a) Reminding a resident to maintain his or her medication schedule in accordance with the instructions of the resident's licensed health care professional as authorized by section 17708(2) of the act, MCL 333.17708(2). (b) Reminding a resident of important activities to be carried out.

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(c) Assisting a resident in keeping appointments. (d) Being aware of a resident's general whereabouts as indicated in the resident's service plan, even though the resident may travel independently about the community. (e) Supporting a resident's personal and social skills.

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DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

PARKING ON STATE PROPERTY


These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. By authority conferred on the department of technology, management and budget by section 31 of 1969 PA 306, sections 131 and 227 of 1984 PA 431 and Executive Reorganization Order 2009-39, MCL 24.231, 18.1131 and 18.1227 and 18.441. R 18.402 and R 18.426 of the Michigan Administrative Code are amended, as follows: R 18.402 Definitions. Rule 2. As used in these rules: (a) "Department" means the department of technology, management and budget. (b) "Director" means the director of the department or his or her designated representative. (c) "Parking facility" means real property owned or leased by the state and under the jurisdiction of the department designated for the parking of motor vehicles. (d) "Parking unit" means the unit located within the department of technology, management and budget, state facilities administration, which is in charge of 1 or more parking facilities as designated by the director. (e) "Reserved parking space" means a designated parking space or area within a parking facility that is assigned to a specific state employee, a carpool, a member of the public, or any other approved individual for which a fee is charged. (f) "Tow away" means the removal or storage, or both, of a motor vehicle from a parking facility. (g) "Violation notice" means a form designated by the department to give notice of a rule violation. (h) "Violator" means a person who operates a motor vehicle or acts in such a manner as to be in violation of these rules. R 18.426 Appeal process. Rule 26. (1) A person appealing a parking violation notice shall submit in writing, within 10 working days after receiving the notice, the reasons why the penalty should be modified or cancelled. The appeal shall include all of the following information: (a) Name and work unit of applicant. (b) Number of violation notice.

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(c) A concise statement of the reasons the appeal should be granted. (d) The relief requested. (2) The appeal shall be submitted to: DTMB Parking Appeals, State of Michigan Warehouse Complex, State Facilities Administration Building 3111 West St Joseph Hwy., Lansing MI 48917. (3) A written decision shall be made within 5 working days of receipt of the appeal and shall be forwarded to appellant. (4) An appellant who is aggrieved by the decision may appeal to the director of the department or his or her designee within 5 working days of receipt of the decision. The appeal shall include a copy of the decision and written reasons why the decision was in error. (5) The director or his or her designee shall, within 10 working days after the receipt of the appeal, issue a written decision affirming, reversing, or modifying the decision.

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DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

FINANCIAL ACCOUNTING SYSTEMS FOR PUBLIC SCHOOLS


These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the superintendent of public instruction by section 1281 of 1976 PA 451, MCL 380.1281, and Executive Reorganization Order Nos. 1996-6 and 1996-7, MCL 388.993 and MCL 388.994) R 340.854 and R 340.855 of the Michigan Administrative Code are rescinded and R 340.851, R 340.852, and R 340.853 of the Code are amended as follows: R 340.851 Applicability. Rule 1. All school districts, public school academies, and intermediate school districts shall maintain complete financial accounting records in accordance with these rules. R 340.852 Charts of accounts. Rule 2. All school districts, public school academies, and intermediate school districts shall use the charts of accounts approved and published by the department of education. R 340.853 Systems of accounting. Rule 3. All school districts, public school academies, and intermediate school districts shall adopt the systems of accounting required by the department of education. R 340.854 Rescinded. R 340.855 Rescinded.

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PROPOSED ADMINISTRATIVE RULES,

NOTICES OF PUBLIC HEARINGS MCL 24.242(3) states in part: “… the agency shall submit a copy of the notice of public hearing to the Office of Regulatory Reform for publication in the Michigan register. An agency's notice shall be published in the Michigan register before the public hearing and the agency shall file a copy of the notice of public hearing with the Office of Regulatory Reform.” MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * (d) Proposed administrative rules. (e) Notices of public hearings on proposed administrative rules.”

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PROPOSED ADMINISTRATIVE RULES

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF MEDICAL MARIHUANA REGULATION

MEDICAL MARIHUANA FACILITIES

Filed with the Secretary of State on

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45(a)(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the department of licensing and regulatory affairs by section 206 of the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27206.) R 333.201, R 333.202, R 333.203, R 333.205, R 333.206, R 333.207, R 333.208, R 333.209, R 333.210, R 333.211, R 333.212, R 333.213, R 333.214, R 333.215, R 333.216, R 333.217, R 333.218, R 333.219, R 333.220, R 333.221, R 333.231, R 333.232, R 333.233, R 333.234, R 333.235, R 333.236, R 333.237, R 333.238, R 333.245, R 333.246, R 333.247, R 333.248, R 333.261, R 333.262, R 333.271, R 333.272, R 333.273, R 333.274, R 333.275, R 333.276, R 333.281, R 333.282, R 333.291, R 333.292, R 333.293, R 333.294, R 333.295, R 333.296, R 333.297, R 333.298, and R 333.299 are added to the Michigan Administrative Code as follows:

PART 1. GENERAL PROVISIONS R 333.201 Definitions. Rule 1. As used in these rules: (a) “Act” means the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801. (b) “Batch” means all the plants of the same variety of medical marihuana that have been grown, harvested, and processed together and exposed to substantially similar conditions throughout cultivation and processing. (c) “Building” means a combination of materials forming a structure affording a facility or shelter for use or occupancy by individuals or property. Building includes a part or parts of the building and all equipment in the building. A building shall not be construed to mean a building incidental to the use for agricultural purposes of the land on which the building is located. (d) “Bureau” means the bureau of medical marihuana regulation in the department of licensing and regulatory affairs. (e) “Bureau of fire services” or “BFS” means the bureau of fire services in the department of licensing and regulatory affairs. (f) “Department” means the department of licensing and regulatory affairs. (g) “Director” means the director of the department of licensing and regulatory affairs or his or her designee. (h) "Employee" means a person performing work or service for compensation.

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(i) “Harvest batch” means marihuana that has been harvested. (j) "Immature plant” means a nonflowering marihuana plant that is no taller than 8 inches and no wider than 8 inches produced from a cutting, clipping, tissue culture, or seedling that is in a growing or cultivating medium or in a growing or cultivating container that is no larger than 2 inches wide and no more than 2 inches tall that is sealed on the sides and bottom. (k) “Limited access area” means a building, room, or other contiguous area of a marihuana facility where marihuana is grown, cultivated, stored, weighed, packaged, sold, or processed for sale and that is under the control of the licensee. (l) “Marihuana facility” means a location at which a licensee is licensed to operate under the act and these rules. (m) “Marihuana product” means marihuana or a marihuana-infused product, or both, as those terms are defined in the act unless otherwise provided for in these rules. (n) “Marihuana tracking act” means the marihuana tracking act, 2016 PA 282, MCL 333.27901 to 333.27904. (o) “Michigan medical marihuana act” means the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. (p) “Package tag” means an RFID tag supplied through the statewide monitoring system for the purpose of identifying a package containing a marihuana product. (q) “Plant tag” means an RFID tag supplied through the statewide monitoring system for the purpose of identifying an individual marihuana plant. (r) “Proposed marihuana facility” means a location at which an applicant plans to operate under the act and these rules if the applicant is issued a state operating license. (s) “Restricted access area” means a designated and secure area at a marihuana facility where marihuana products are sold, possessed for sale, and displayed for sale. (t) “Same location” means separate state operating licenses that are issued to multiple marihuana facilities that are authorized to operate at a single property but with separate business suites, partitions, or addresses. (u) “Stacked license” means more than 1 state operating license issued to a single licensee to operate as a grower of class C-1,500 marihuana plants as specified in each license at a marihuana facility. (v) “Tag” or “RFID tag” means the unique identification number or Radio Frequency Identification (RFID) issued to a licensee by the department for tracking, identifying and verifying marihuana plants, marihuana products, and packages of marihuana product in the statewide monitoring system.

R 333.202 Terms; meanings. Rule 2. Terms defined in the act have the same meanings as used in these rules unless otherwise indicated. R 333.203 Adoption by reference. Rule 3. The following codes, standards, or regulations of nationally recognized organizations or associations are adopted by reference in these rules: (a) National fire protection association (NFPA) standard 1, 2018 edition, entitled “Fire Code” is adopted by reference as part of these rules. Copies of the adopted provisions are available for inspection and distribution from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts, 02169, telephone number 1-800-344-3555, for the price of $99.50. (b) Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia. A copy of that publication may be obtained from the

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American Herbal Pharmacopoeia, P.O. Box 66809, Scotts Valley, California 95067, or at the internet address http://www.herbal-ahp.org/, for the price of $44.95. (c) Safe Quality Food (SQF) Code, 7.2 edition available at http://www.sqfi.com/wp-content/uploads/SQF-Code_Ed-7.2-July.pdf. (d) The International Organization for Standardization (ISO), ISO 22000 / ISO/TS 22002-1 - food safety bundle, available for purchase at: https://webstore.ansi.org/RecordDetail.aspx?sku=ISO+22000+%2f+ISO%2fTS+22002-1+-+Food+Safety+Bundle, for the price of $275.00. (e) International Organization for Standardization (ISO), ISO/IEC 17025, general requirements for the competence of testing and calibration laboratories available at: https://webstore.ansi.org/RecordDetail.aspx?sku=ISO%2fIEC+17025%3a2017, for the price of $162.00. (f) The standards adopted in subdivisions (a) to (e) of this rule are available for inspection and distribution at the Bureau of Medical Marihuana Regulation, located at 2407 North Grand River Avenue, Lansing, MI 48906. Copies of these standards may be obtained from the bureau at cost plus shipping and handling.

PART 2. STATE OPERATING LICENSE R 333.205 Application procedure; requirements. Rule 5. (1) A person may apply for a state operating license on the form created by the department accompanied by the application fee as prescribed in these rules. Each question on the application must be answered by the applicant in its entirety and all information requested and required by the act and these rules must be submitted in the application. Failure to comply with these rules and the application requirements in the act is grounds for denial of the application. (2) A person may submit a partial application under R 333.206 on the condition that it is to prequalify to complete the remaining application requirements. This application will have a pending status until all application requirements in R 333.207 are completed. The department shall not issue a license at this stage of the application process. The finding of prequalification status for a pending application is valid for a period of 1 year after the department issued a notice of prequalification status for a pending application unless otherwise determined by the department. After 1 year has expired, the applicant may be required to submit a new application and pay a new application fee. (3) The department may delay an application while additional information is requested including, but not limited to, requests for additional disclosures and documentation to be furnished to the department. (4) As used in this rule, R 333.206, and R 333.207, the term “applicant” includes an officer, director, and managerial employee of the applicant and a person who holds any direct or indirect ownership interest in the applicant as provided in section 102 of the act, MCL 333.27102. R 333.206 Application requirements; financial and criminal background. Rule 6. (1) The first part of the application is a financial background and full criminal history background check of each applicant. (2) An applicant shall disclose the identity of every person having any ownership interest in the applicant with respect to which the license is sought including, but not limited to, date of birth, government issued identification, and any other documents required by the act. (3) Each applicant shall disclose the financial information required in the act and these rules in a form created by the department including, but not limited to, all of the following: (a) Financial statements, including information regarding all of the following: (i) A pecuniary interest. (ii) Any deposit of value of the applicant or made directly or indirectly to the applicant, or both.

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(iii) Financial accounts, including but not limited to, all of the following: (A) Funds. (B) Savings, checking, or other accounts including all applicable account information, such as the name of the financial institution, names of the account holders, account type, account balances, and a list of all loans, amounts, securities, or lender information. (b) Property ownership information, including, but not limited to, deeds, leases, rental agreements, real estate trusts, purchase agreements, or institutional investors. (c) Tax information, including, but not limited to, W-2 and 1099 forms, and any other information required by the department. (d) For in-state and out-of-state applicants, the applicant’s business organizational documents filed with this state, local county, or foreign entity, if applicable, including proof of registration to do business in this state and certificate of good standing from this state or foreign entity, if applicable. (e) Disclosure by the applicant of the identity of any other person who meets either of the following: (i) Controls, directly or indirectly, the applicant. (ii) Is controlled, directly or indirectly, by the applicant or by a person who controls, directly or indirectly, the applicant. (f) Written consent by the applicant to a financial background investigation as authorized under the act and these rules. (g) Disclosure by the applicant of any true parties of interest as required in section 404 of the act, MCL 333.27404. (h) Disclosure by the applicant of the stockholders or other persons having a 1% or greater beneficial interest in the proposed marihuana facility as required in section 303 of the act, MCL 333.27303. (i) The sources and total amount of the applicant's capitalization to operate and maintain the proposed marihuana facility in compliance with R 333.212. (j) A financial statement attested by a certified public accountant (CPA), on a form created by the department, including a foreign-attested CPA statement, or its equivalent if applicable, on capitalization pursuant to R 333.212. (k) Information on the financial ability of the applicant to purchase and maintain adequate liability and casualty insurance in compliance with R 333.211. (l) Any other documents, disclosures, or attestations created or requested by the department that are not inconsistent with the act or these rules. (4) Each applicant shall disclose to the department his or her criminal history background information and regulatory compliance as provided under the act and these rules in a form created by the department, including, but not limited to, all the following: (a) An attestation in writing that the person consents to inspections, examinations, searches, and seizures that are permitted under the act and these rules. (b) Written consent to a criminal history check, submission of a passport quality photograph, and handwriting exemplar as required under section 402 of the act, MCL 333.27402. (c) One set of fingerprints to the department of state police in accordance with section 402 of the act, MCL 333.27402, and these rules for each applicant, each person having any ownership interest in the proposed marihuana facility. (d) An attestation affirming a continuing duty to provide information requested by the department and to cooperate in any investigation, inquiry, or hearing. (e) An attestation acknowledging that sanctions may be imposed for violations on a licensee while licensed or after the license has expired, as provided in the act and these rules. (f) Disclosure of noncompliance with any regulatory requirements in this state or any other jurisdiction.

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(g) Disclosure of an application or issuance of any commercial license or certificate issued in this state or any other jurisdiction that meets the requirements under section 401(1)(e) of the act, MCL 333.27401(1)(e). (h) Any other documents, disclosures, or attestations created or requested by the department that are not inconsistent with the act or these rules. (5) An applicant shall submit in the application any information requested and required by the act and these rules. R 333.207 Application requirements; complete application. Rule 7. (1) A complete application for a state operating license must include all the information specified in R 333.206 and all of the following: (a) A description of the type of marihuana facility, including all of the following: (i) An estimate of or actual number of employees. (ii) The projected or actual gross receipts.

(iii) A business plan. (iv) The proposed location of the marihuana facility. (v) A security plan, as required under the act and these rules.

(b) A copy of the proposed marihuana facility plan, as required under R 333.209. (c) An applicant shall pass the prelicensure inspection as determined by the department and as required in R 333.210. (d) Confirmation of compliance with the municipal ordinance as required in section 205 of the act, MCL 333.27205, and these rules. For purposes of these rules, confirmation of compliance must be on an attestation form prepared by the department that contains all of the following information: (i) Written affirmation that the municipality has adopted an ordinance under section 205 of the act, MCL 333.27205, including, if applicable, a description of any limitations on the number of each type of marihuana facility. (ii) Description of any zoning regulations within the municipality that apply to the proposed marihuana facility. (iii) The signature of the clerk of the municipality or his or her designee on the attestation form attesting that the information stated in the document is correct. (iv) The signature of the applicant. (v) The marihuana facility name and address. (vi) Attestation that any changes that occur with the municipal ordinance or any violations of a municipal or zoning ordinance will be reported to the department. (e) The disclosure of the true party of interest as required in section 404 of the act, MCL 333.27404, and these rules. (f) The disclosure of persons have a beneficial interest as required in section 303(1)(g) of the act, MCL 333.27303. (g) Additional information and documents requested by the department not inconsistent with the act and these rules. (h) Any other documents, disclosures, or attestations created or requested by the department that are not inconsistent with the act and these rules. R 333.208 Application; fees; assessment. Rule 8. (1) An applicant for a state operating license shall submit an application that is accompanied by the nonrefundable application fee of $6,000.00 upon initial application, as required under these rules. (2) If the costs of the investigation and processing the application exceed the application fee, the applicant shall pay the additional amount.

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(3) An applicant shall pay the regulatory assessment, if applicable, on or before the date the licensee begins operating and annually thereafter, pursuant to section 603 of the act, MCL 333.27603, and these rules. (4) The department shall not issue a license until a complete application is submitted, the fees required under these rules are paid, and the department determines that the applicant is qualified to receive a license under the act and these rules. R 333.209 Marihuana facility plan. Rule 9. (1) An applicant shall submit a marihuana facility plan for the proposed marihuana facility as required in R 333.207 and upon request by the department. Upon the request of the department, an applicant or licensee may be required to submit a revised marihuana facility plan. (2) The marihuana facility plan must include, but is not limited to, all of the following: (a) The type of proposed marihuana facility, the location of the marihuana facility, a description of the municipality where the marihuana facility will be located, and any of the following, if applicable: (i) A statement in the marihuana facility plan that a combination of state operating licenses will operate as separate marihuana facilities at the same location, as provided under R 333.232. (ii) A statement in the marihuana facility plan that the applicant has or intends to apply to stack a license at the proposed marihuana facility as provided under R 333.220. (b) A diagram of the marihuana facility including, but not limited to, all of the following: (i) The proposed facility’s size and dimensions. (ii) Specifications of the marihuana facility. (iii) Physical address. (iv) Location of common entryways, doorways, or passageways. (v) Means of public entry or exit. (vi) Limited-access areas within the marihuana facility. (vii) An indication of the distinct areas or structures for separate marihuana facilities at the same location as provided in R 333.232. (c) A detailed floor plan and layout that includes all of the following: (i) Dimensions of the marihuana facility including interior and exterior rooms. (ii) Maximum storage capabilities. (iii) Number of rooms. (iv) Dividing structures. (v) Fire walls. (vi) Entrances and exits. (vii) Locations of hazardous material storage. (viii) Quantities of hazardous materials, such as chemical, flammable/combustible liquids and gases, and the expected daily consumption of the hazardous materials. (d) Means of egress, including, but not limited to, delivery and transfer points. (e) Construction details for structures and fire-rated construction for required walls. (f) Building structure information, including but not limited to, new, pre-existing, free-standing, or fixed. (g) Building type information, including but not limited to, commercial, warehouse, industrial, retail, converted property, house, building, mercantile building, pole barn, greenhouse, laboratory, or center. (h) Zoning classification and zoning information. (i) If the proposed marihuana facility is in a location that contains multiple tenants and any applicable occupancy restrictions. (j) A proposed security plan that demonstrates the proposed marihuana facility meets the security requirements specified in R 333.235.

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(k) Any other information required by the department if not inconsistent with the act and these rules. (3) Any changes or modifications to the marihuana facility plan under this rule must be reported to the department and may require preapproval by the department. (4) The department may provide a copy of the marihuana facility plan to the BFS, local fire department, and local law enforcement for use in pre-incident review and planning. (5) The department may reinspect the marihuana facility to verify the plan at any time and may require that the plan be resubmitted upon renewal. R 333.210 Prelicensure investigation; proposed marihuana facility inspection. Rule 10. (1) An applicant for a state operating license shall submit to a prelicensure physical inspection of a proposed marihuana facility, as determined by the department. (2) The department shall establish an inspection process to confirm that the applicants and proposed marihuana facilities meet the requirements of the act and these rules. (3) The department shall investigate an applicant in accordance with the act and these rules. (4) The department, through its investigators, agents, auditors, or the state police, shall conduct inspections and examinations of an applicant and a proposed marihuana facility in accordance with the act and these rules. (5) An applicant shall submit proof to the department of both of the following: (a) A certificate of use and occupancy as required pursuant to section 13 of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1513, and these rules. (b) A fire safety inspection as specified in R 333.234. R 333.211 Proof of financial responsibility; insurance. Rule 11. (1) Before a license is issued or renewed, the licensee or renewal applicant shall file a proof of financial responsibility for liability for bodily injury on the form prescribed in section 408 of the act, MCL 333.27408, for an amount not less than $100,000.00. If the proof required in this subrule is a bond, the bond must be in a format acceptable to the department. (2) A renewal applicant or licensee shall carry premise liability and casualty insurance for an amount not less than $100,000.00. An applicant shall provide proof of premise liability insurance to the department no later than 60 days after a state operating license is issued or renewed. (3) A secure transporter shall show proof of auto insurance, vehicle registration, and registration as a commercial motor vehicle, as applicable, for any transporting vehicles used to transport marihuana product as required by the act and these rules. R 333.212 Capitalization requirements. Rule 12. (1) An applicant shall disclose the sources and total amount of capitalization to operate and maintain a proposed marihuana facility. (2) The total amounts of capitalization based on the type of marihuana facility specified in the application for a state operating license are as follows: (a) Grower: Class A - $150,000.00. (b) Grower: Class B - $300,000.00. (c) Grower: Class C - $500,000.00. (d) Processor: $300,000.00. (e) Provisioning Center: $300,000.00. (f) Secure Transporter: $200,000.00. (g) Safety Compliance Facility: $200,000.00. (3) An applicant shall provide proof to the department of the capitalization amounts specified in subrule (2)(a) to (g) of this rule from both of the following sources:

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(a) Not less than 25% is in liquid assets to cover the initial expenses of operating and maintaining the proposed marihuana facility, as specified in the application. For purposes of this subdivision, liquid assets include assets easily convertible to cash, including, but not limited to, cash, certificates of deposit, 401(k) plans, stocks, and bonds. (b) Proof of the remaining capitalization to cover the initial expenses of operating and maintaining the proposed marihuana facility may include, but is not limited to, additional liquid assets as described in subdivision (a) of this subrule or equity in real property, supplies, equipment, fixtures, or any other nonliquid asset. (4) The applicant shall provide proof that there is no lien or encumbrance, except for a mortgage encumbering the real property, on the asset provided as a source of capitalization. For purposes of this subrule, if the encumbrance is a mortgage on the real property then the applicant shall disclose the value of the equity of the real property less any mortgage. (5) The capitalization amounts and sources must be validated by Certified Public Accountant (CPA) attested financial statements. The applicant shall disclose any of the capitalization sources that are foreign and a foreign CPA or its equivalent shall attest to the validation, and a domestic CPA shall attest to that foreign validation. R 333.213 Denial of issuance of license; additional reasons. Rule 13. (1) If an applicant fails to comply with the act or these rules, a license may be denied by the department as provided under the act and these rules. (2) In addition to the reasons for denial in the act, a license may be denied by the department as provided in the act and these rules for any of the following reasons: (a) The applicant’s marihuana facility plan does not fully comply with the act or these rules. (b) The applicant’s proposed marihuana facility or marihuana facility is substantially different from the marihuana facility plan pursuant to R 333.209 and these rules. (c) The department is unable to access the proposed marihuana facility for prelicensure physical inspection or the applicant denied the department access to the proposed marihuana facility. (d) The applicant made a material misrepresentation on the application. (e) The applicant failed to correct any deficiencies within the application in accordance with section 403 of the act, MCL 333.27403, and these rules. (f) The applicant failed to satisfy the confirmation of compliance by a municipality in accordance with section 205 of the act, MCL 333.27205, and these rules. (g) The applicant is operating a proposed marihuana facility or marihuana facility without a license after December 15, 2017, that would otherwise require a state operating license under the act and these rules. This subdivision does not apply to an applicant that applied no later than February 15, 2018, has a valid temporary operation attestation from the municipality in which the proposed marihuana facility is operating on file with the department, and is operating a proposed marihuana facility pursuant to the emergency rules filed September 11, 2018, while in effect, and any extension, if applicable. R 333.214 Renewal of license. Rule 14. (1) A license is issued for a 1-year period and is renewable annually. A licensee may apply to renew a license on a form established by the department. The licensee shall pay the regulatory assessment upon renewal. The state operating license may be renewed if all of the following requirements are met: Not less than 90 days before expiration of the license, the licensee has submitted the renewal form required by the department. The department shall include on the renewal form, without limitation, a statement requesting renewal of the license and all of the following information: (a) To the extent that information has changed or not been previously reported, updated personal, business, and financial information, as the department may require, related to the eligibility, suitability,

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and general fitness of the licensee to continue to hold the license for which renewal is requested under the act and these rules, including, without limitation, information regarding the identification, integrity, moral character, reputation, and relevant business experience, ability, and probity, and financial experience, ability, and responsibility of the licensee and each person required to be qualified for renewal of the license under the act and these rules. To the extent that the information has changed or not been previously reported, updated information on the marihuana facility. (b) A statement under oath by the licensee that the information provided in the licensee's annual renewal form is current, complete, true, and accurate, and that the licensee has fulfilled its obligation under the act and these rules to notify the department of any change in information provided in its original license application and subsequent annual renewal form or forms previously filed, if applicable. (c) Attestation by the municipality on a form created by the department regarding a licensee who submits an application for license renewal which must include, but is not limited to both of the following: (i) A description of a violation of an ordinance or a zoning regulation adopted pursuant to section 205 of the act, MCL 333.27205, committed by the licensee, but only if the violation relates to activities licensed under the act, the Michigan medical marihuana act, or these rules. (ii) Whether there has been a change to an ordinance or a zoning regulation adopted pursuant to section 205 of the act, MCL 333.27205, since the license was issued to the licensee and a description of the change. (d) Attestation by the licensee that the licensee's annual renewal form provides all information and documentation prescribed and required by the department to establish and determine that the licensee is eligible, qualified, and suitable to have its state operating license renewed and is ready and able to continue conducting its marihuana facility in compliance with the act and these rules throughout the new 1-year time period for which the license is to be renewed. (e) The licensee pays the department for any additional background investigation charge assessed by the department under these rules. (f) Other relevant information and documentation that the department may require to determine the licensee's eligibility, suitability, and qualification to have its license renewed under the licensing standards of the act and this part. (2) If a license renewal application is not submitted by the license expiration date, the license may be renewed within 60 days after its expiration date upon submission of the required application, payment of the regulatory assessment under section 603 of the act, MCL 333.27603, and satisfaction of any renewal requirements. The licensee may continue to operate during the 60 days after the license expiration date if the licensee submits renewal application to the department and complies with the other requirements for renewal. (3) Failure to comply with any of the provisions in the act and these rules may result in the nonrenewal of a license. A state operating license must not be renewed unless the department has determined that the individual qualifications of each person required to be qualified by the act and these rules is eligible, qualified, and suitable as part of the license renewal in accordance with the relevant licensing standards set forth in the act and these rules. (4) The licensee shall meet the requirements of the act and any other renewal requirements set forth in these rules. (5) The department may refuse to renew a state operating license and issue a notice of nonrenewal if the licensee fails to file in a timely manner its annual renewal form under this rule. In addition, the department may refuse to renew a state operating license and issue a notice of nonrenewal if the department determines, after reviewing the licensee's annual renewal form, that the license should not be renewed because the licensee's annual renewal form does not provide the information and documentation required by the department to determine that the licensee is eligible, qualified, and

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suitable to continue to be licensed and ready and able to continue conducting its marihuana facility operation in compliance with the act and these rules. (6) A state operating licensee who is served with a notice of nonrenewal under this rule may request a hearing under these rules. (7) If the licensee does not request a hearing in writing within 21 days after service of the notice of nonrenewal, the notice of nonrenewal becomes the final order of the department. (8) A person who has not applied for license renewal for any and all licenses that are due for renewal shall cease and desist operation and is subject to any sanctions or fines, or both, in accordance with the act and these rules. R 333.215 Notification and reporting. Rule 15. (1) Applicants and licensees have a continuing duty to provide the department with up-to-date contact information and shall notify the department in writing of any changes to the mailing addresses, phone numbers, electronic mail addresses, and other contact information they provide the department. (2) Applicants and licensees shall report any changes to the marihuana facility operations, as applicable. (3) Applicants and licensees shall report material changes to the department before making a material change that may require prior authorization by the department. Material changes, include, but are not limited to, the following: (a) Change in owners, officers, members, or managers. (b) Change of location. Upon notification of a change in location, the department may determine that a new license and new inspection are required for the change of location. (c) A description of a violation of an ordinance or a zoning regulation adopted pursuant to section 205 of the act, MCL 333.27205, committed by the licensee, but only if the violation relates to activities licensed under the act, the Michigan medical marihuana act, and these rules. (d) The addition or removal of named people. (e) Change in entity name. (f) Any attempted transfer, sale, or other conveyance of an interest in a license. (g) Any change or modification to the marihuana facility for prelicensure or post-licensure that was not preinspected, inspected, or part of the marihuana facility plan or final inspection including, but not limited to, operational or method changes requiring inspection under these rules and additions or reductions in equipment or processors at a marihuana facility (4) An applicant or licensee shall notify the department within 1 business day of all the following: (a) Adverse reactions to a marihuana product sold or transferred by any licensee. (b) Criminal convictions, charges, or civil judgements against an applicant or licensee in this state or any other state. (c) Regulatory disciplinary action taken or determined against an applicant or licensee by this state or any other state, including any pending action. (5) Failure to report material changes pursuant to subrule (3) of this rule or notifications under subrule (4) of this rule may result in sanctions or fines, or both.

R 333.216 Notifications of diversion, theft, loss, or criminal activity pertaining to marihuana product. Rule 16. (1) A licensee and an applicant shall notify the department, state police, and local law enforcement authorities within 24 hours of the theft or loss of any marihuana product or criminal activity at the marihuana facility. (2) Failure to notify as required under subrule (1) of this rule may result in sanctions or fines, or both.

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R 333.217 Inspection; investigation. Rule 17. (1) The department shall do all of the following with respect to inspections and investigations of applicants, licensees, proposed marihuana facilities, and marihuana facility operations: (a) Oversee and conduct inspections through its investigators, agents, auditors, or the state police of proposed marihuana facilities and marihuana facilities as provided in section 303 of the act, MCL 333.27303, to ensure compliance with the act and these rules. (b) Investigate individuals employed by marihuana facilities. (c) Inspect and examine marihuana facilities and proposed marihuana facilities. (d) Inspect, examine, and audit records of the licensee. (2) The department may at any time, through its investigators, agents, auditors, or the state police, without a warrant and without notice to the licensee, enter the proposed marihuana facility or marihuana facility, offices, or other places of business of a licensee, if evidence of compliance or noncompliance is likely to be found in accordance with the act and these rules. (3) The department, through its investigators, agents, auditors, or the state police, may place an administrative hold on a marihuana product and order that no sales or transfers occur during an investigation for an alleged violation or violation of the act or these rules. (4) The department, through its investigators, agents, auditors, or the state police, may inspect, examine, and audit relevant records of the licensee. If a licensee fails to cooperate with an investigation, the department through its investigators, agents, auditors, or the state police may impound, seize, assume physical control of, or summarily remove records from a proposed marihuana facility or marihuana facility. (5) The department through its investigators, agents, auditors, or the state police may eject or exclude, or authorize the ejection or exclusion of, an individual from a proposed marihuana facility or marihuana facility if that individual violates the act, a final order, or these rules. (6) The department through its investigators, agents, auditors, or the state police may take any reasonable or appropriate action to enforce the act and rules. (7) This rule does not limit the application of any other remedies or sanctions that are available through local, state, and federal laws, the act, and these rules. (8) For purposes of this rule, the term “record” means books, ledgers, documents, writings, photocopies, correspondence, electronic records, videotapes, surveillance footage, electronic storage media, electronically stored records, money receptacles, equipment in which records are stored, including data or information in the statewide monitoring system, or any other document that is used for recording information. R 333.218 Persons subject to penalty; violations. Rule 18. (1) If the department through its investigators, agents, auditors, or the state police during the physical site inspection determine violations of the act or these rules exist, the department shall notify the person, applicant, or licensee of the violation during the physical site inspection or thereafter and the person, applicant or licensee may be responsible for sanctions or fines, or both. (2) The department may issue a notice of a violation or fine, or both, for any violations of the act and applicable rules, including those observed by the department through its investigators, agents, auditors, or the state police while in the performance of their duties. (3) If the department through its investigators, agents, auditors, or the state police determine a violation of the act or these rules exists, these violations must be cited in a format established by the department. After a notice of violation or fine, or both, is issued to a person, applicant, or licensee, the department may hold a compliance conference or a hearing if applicable as prescribed in the act and these rules.

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(4) The department may forward information regarding violations of the act or these rules or any other state or federal law to the state police, department of attorney general, and the prosecutor for the jurisdiction in which the alleged violation of the act or rules has occurred. (5) The department may take action for failure to pay any fine within the time written on the violation notice pursuant to the act or these rules. R 333.219 Sanctions; fines. Rule 19. (1) A person, applicant, or licensee found in violation of these rules or the act may be subject to sanctions, including, but not limited to, any of the following: (a) License denial.

(b) Limitations on a license. (c) Fines. (d) Revocation, suspension, nonrenewal, or an administrative hold on a license. (e) Orders to cease operations.

(2) A violation of these rules, the act, the marihuana tracking act, or any ordinance adopted under section 205 of the act, MCL 333.27205, may result in 1 or more of the following: (a) A license may be denied, limited, revoked, or restricted. (b) A licensee or an employee of a licensee may be removed. (c) Civil fines of up to $5,000.00 may be imposed against an individual. (d) Civil fines up to $10,000.00 or an amount equal to the daily gross receipts, whichever is greater, against a licensee for each violation of the act, these rules, or an order. (e) Civil fines may be assessed for each day the licensee is not in compliance with the act or these rules. Assessment of a civil fine is not a bar to the investigation, arrest, charging, or prosecution of an individual for any other violation of the act or these rules. (3) A license may be suspended without notice or hearing upon a determination that the safety or health of patrons or employees is jeopardized by continuing a marihuana facility's operation as provided in the act or these rules. (4) A person operating without a state operating license shall cease operation and may be subject to, including but not limited to, sanctions or fines, or both, in accordance with the act or these rules and may be referred to the state police and department of attorney general. (5) The attempted transfer, sale, or other conveyance of an interest in a license without prior approval are grounds for suspension or revocation of the license or for other sanction as provided in sections 406 and 409 of the act, MCL 333.27406 and MCL 333.27409, or these rules. (6) The department may impose any other remedies, sanctions, or penalties not inconsistent with the act or these rules. R 333.220 Stacked license. Rule 20. A grower that has already been issued a state operating license specified as a class C-1,500 marihuana plants may apply to stack a license at a marihuana facility specified in the state operating license. The grower shall be subject to payment of a separate regulatory assessment for each state operating license stacked and may be subject to any additional fees under R 333.208. In addition, the grower is subject to all requirements of the act and these rules. R 333.221 Changes to licensed marihuana facility. Rule 21. (1) Any change or modification to the marihuana facility after licensure is governed by the standards and procedures set forth in the act and these rules and any regulations adopted pursuant to the

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act. Any change or modification to the marihuana facility must be approved by the department before the change or modification is made. (2) Any change of a location of a marihuana facility after licensure requires a new license application under R 333.206 and R 333.207 and may include, but is not limited to, regulatory assessment or application fees, or both. A licensee shall produce written documentation from the municipality approving the proposed new marihuana facility location as indicated on the application form provided to the department and be in compliance with section 205 of the act, MCL 333.27205.

PART 3. OPERATIONS

R 333.231 State operating licenses; licensees; operations; general. Rule 31. (1) A state operating license and a stacked license as described in R 333.220 are limited to the scope of the state operating license issued for that type of marihuana facility that is located within the municipal boundaries connected with the license. (2) A licensee shall comply with all of the following: (a) Marihuana facilities shall be partitioned from any other marihuana facility, activity, business, or dwelling. Marihuana facilities shall not allow onsite or as part of the marihuana facility any of the following: (i) Sale, consumption, or serving of food. (ii) Sale, consumption, or use of alcohol or tobacco products. (iii) Consumption, use, or inhalation of a marihuana product. (b) A marihuana facility shall have distinct and identifiable areas with designated structures that are contiguous and specific to the state operating license. (c) A marihuana facility shall have separate entrances and exits, inventory, record keeping, and point of sale operations, if applicable. (d) Access to the marihuana facility is restricted to the licensee; employees of the licensee; registered qualifying patients and registered primary caregivers with valid registry cards, if applicable; and, the department through its investigators, agents, auditors, or the state police. A separate waiting area may be created for visitors not authorized to enter the marihuana facility. The licensee shall maintain a log tracking all visitors to a marihuana facility. The visitor log must be available at all times for inspection by the department through its investigators, agents, auditors, or the state police to determine compliance with the act and these rules. (e) Licensee records must be maintained and made available to the department upon request. (f) The marihuana facility must be at a fixed location. Mobile marihuana facilities and drive through operations are prohibited. Any sales or transfers of marihuana product by internet or mail order, consignment, or at wholesale are prohibited. (g) A state operating license issued under the act must be framed under a transparent material and prominently displayed in the marihuana facility. (3) A marihuana facility must comply with any other operational measures requested by the department that are not inconsistent with the act and these rules. R 333.232 Operation at same location. Rule 32. (1) A licensee that has any combination of state operating licenses may operate separate marihuana facilities at the same location. (2) To operate at the same location subject to subrule (1) of this rule, all of the following requirements must be met: (a) The department has authorized the proposed operation at the same location. (b) The operation at the same location is not in violation of any local ordinances or regulations.

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(c) The operation at the same location does not circumvent a municipal ordinance or zoning regulation that limits the type or number of marihuana facilities under section 205 of the act, MCL 333.27205, or prohibits the operation at the same location. (d) The licensee of each marihuana facility operating at the same location under this rule shall do all the following: (i) Apply for and be granted separate state operating licenses and pay a separate regulatory assessment for each state operating license. (ii) Have distinct and identifiable areas with designated structures that are contiguous and specific to the state operating license. (iii) Have separate entrances and exits, inventory, record keeping, and point of sale operations, if applicable. (iv) Post the state operating license on the wall in its distinct area and as provided in these rules. (v) Obtain any additional inspections and permits required for local or state building inspection, fire services, and public health standards. (vi) Comply with the provisions in the act and these rules. (3) Operation of a state operating license at the same location that includes a licensed provisioning center shall have the entrance and exit to the licensed provisioning center marihuana facility and entire inventory physically separated from any of the other licensed marihuana facility or facilities so that individuals can clearly identify the retail entrance and exit. R 333.233 Marihuana facilities; requirements. Rule 33. (1) A grower shall operate a marihuana facility under either of the following conditions: (a) The marihuana facility operations are within a building that meets the security requirements and passes the inspections in these rules and has a building permit pursuant to R 333.234 and these rules. (b) The marihuana facility operations are within a building, except that cultivation may occur in an outdoor area, and all of the following conditions are met: (i) The outdoor area containing the cultivation of marihuana plants is contiguous with the building, fully enclosed by fences or barriers that block outside visibility of the marihuana plants from the public view, with no marihuana plants growing above the fence or barrier that is visible to the public eye and the fences are secured and comply with the applicable security measures in these rules, including, but not limited to, locked entries only accessible to authorized persons or emergency personnel. (ii) After the marihuana is harvested, all drying, trimming, curing, or packaging of marihuana occurs inside the building meeting all the requirements under these rules. (iii) The building meets the security requirements and passes the inspections in these rules and has a building permit pursuant to R 333.234 and these rules. (2) A secure transporter shall have a primary place of business as its marihuana facility that is operating in a municipality that has adopted an ordinance that meets the requirements of section 205 of the act, MCL 333.27205, and these rules and its marihuana facility must comply with the requirements prescribed by the act and these rules. A secure transporter shall hold a separate license for every marihuana facility location where a marihuana product is stored. A secure transporter may travel through any municipality to transport a marihuana product. A secure transporter shall comply with all of the following: (a) The secure transporter may take physical custody of the marihuana or money but legal custody belongs to the transferor or transferee. (b) A secure transporter shall not sell or purchase marihuana products. (c) A secure transporter shall transport any marihuana product in a locked, secured, and sealed container that is not accessible while in transit. The container must be secured by a locked closed lid or door. A secure transporter of marihuana product from separate marihuana facilities shall not comingle

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the marihuana product. All marihuana products must be labeled in accordance with these rules and kept in separate compartments or containers within the main locked, secured, and sealed container. If the secure transporter transports money associated with the purchase or sale of marihuana product between facilities, the secure transporter shall lock the money in a sealed container kept separate from the marihuana product and only accessible to the licensee and its employees. (d) A secure transporter shall log and track all handling of money associated with the purchase or sale of marihuana between facilities. These records must be maintained and made available to the department upon request. (e) A secure transporter shall have a route plan and manifest available for inspection by the department through its investigators, agents, auditors, or the state police to determine compliance with the act and these rules. A copy of the route plan and manifest must be carried with the secure transporter during transport between marihuana facilities. A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana product pursuant to the act or these rules. A secure transporter shall carry a copy of a route plan and manifest in the transporting vehicle and shall present them to a law enforcement officer upon request. (f) A secure transporter shall follow the manifest. In cases of emergencies, the secure transporter shall notify the transferor and transferee, update the statewide monitoring system, and revise the manifest to reflect the unexpected change to the original manifest. (g) The timeframe for the secure transporter to maintain custody of the marihuana product must not be more than 48 hours or by permission of the department on a case-by-case basis. (h) A secure transporter shall identify and record all vehicles with the department and have the required vehicle registration with the secretary of state as required under state law. A secure transporter’s vehicles are subject to inspection at any time by the department, through its investigators, agents, auditors, or the state police to determine compliance with the act or these rules. (3) A provisioning center shall have a separate room that is dedicated as the point of sale area for the transfer or sale of marihuana product as provided in the act and these rules. The provisioning center shall keep marihuana products behind a counter or other barrier to ensure that a registered qualifying patient or registered primary caregiver does not have direct access to the marihuana products. The sale or transfer of a marihuana product to a registered qualifying patient who is under the age of 18 must be made by the provisioning center to the registered qualifying patient’s parent or legal guardian who serves as the registered qualifying patient’s registered primary caregiver. (4) A marihuana facility shall ensure that the handling of marihuana product is done in compliance with current good manufacturing practice in manufacturing, packing, or holding human food, 21 CFR part 110. (5) A marihuana facility shall enter in the statewide monitoring system all transactions including, but not limited to, current inventory. These records must be maintained and made available to the department upon request. R 333.234 Building and fire safety. Rule 34. (1) An applicant’s proposed marihuana facility and a licensee’s marihuana facility are subject to inspection by a state building code official, state fire official, or code enforcement official to confirm that no health or safety concerns are present. (2) A state building code official, or his or her authorized designee, may conduct prelicensure and postlicensure inspections to ensure that applicants and licensees comply with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531; the skilled trades regulation act, 2016 PA 407, MCL 339.5101 to 339.6133; the elevator safety board act, 1967 PA 227, MCL 408.801 to 408.824; and, the elevator licensing act, 1976 PA 333, MCL 338.2151 to 338.2160.

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(3) An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy has been issued by the appropriate enforcing agency. Before a certificate of occupancy is issued, work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. An applicant or licensee shall comply with both of the following: (a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. The issuance, enforcement, and inspection of building permits under this act may remain with the governmental entity having jurisdiction under the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. (b) An applicant or licensee shall obtain a building permit for a change of occupancy for an existing building to be utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. (4) An applicant or licensee shall not operate a marihuana facility unless the proposed marihuana facility or marihuana facility has passed the prelicensure fire safety inspection by the BFS. The state fire marshal, or his or her authorized designee, may conduct pre-licensure and post-licensure inspections of a marihuana facility. An applicant or licensee shall comply with the all of the following: (a) A BFS inspection may be conducted at any reasonable time to ensure fire safety compliance as provided in this rule and subrule (5) of this rule. A BFS inspection may be annual or biannual and may result in the required installation of fire suppression devices or other means necessary for adequate fire safety pursuant to state standards. (b) The BFS may require marihuana facilities to obtain operational permits, including but not limited to, any of the following: (i) Carbon dioxide systems used in beverage dispensing applications, amended for cultivation use and extraction. (ii) Compressed gases. (iii) Combustible fibers. (iv) Flammable and combustible liquids. (v) Fumigation and insecticidal fogging. (vi) Hazardous materials. (vii) High piled storage (high rack system cultivation). (viii) Liquefied petroleum (LP) gas. (c) For specific installation or systems, BFS may require facilities to obtain construction permits, including but not limited to, any of the following: (i) Building construction. (ii) Electrical, mechanical, plumbing, boiler, and elevator. (iii) Compressed gases. (iv) Flammable and combustible liquids. (v) Hazardous materials. (vi) Liquified petroleum (LP) gas. (vii) Automatic fire extinguishing/suppression systems. (viii) Fire alarm and detections systems. (ix) Related equipment found during fire safety inspections. (5) The state fire marshal, or his or her authorized designee, may conduct a BFS fire safety inspection of marihuana facility, at any reasonable time to ensure compliance with the national fire protection association (NFPA) standard 1, 2018 edition, entitled “fire code,” which is adopted by reference in R 333.203. A licensee shall comply with the NFPA 1, 2018 fire code as adopted and the following additional requirements:

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(a) Ductwork must be installed with accordance with the Michigan Mechanical Code, R 408.30901 to R 408.30998. (b) Suppression systems outlined in NFPA 1 and the Michigan Mechanical Code, R 408.30901 to R 408.30998, may be required to meet the suppression needs within a marihuana facility. (c) Processors, growers, and safety compliance facilities shall implement appropriate exhaust ventilation systems to mitigate noxious gasses or other fumes used or created as part of any production process or operations. Exhaust and ventilation equipment must be appropriate for the hazard involved and must comply with NFPA 1 and Michigan Mechanical Code, R 408.30901 to R 408.30998. (6) In addition to meeting all the requirements in subrules (1) to (5) of this rule, growers and processors shall also comply with all of the following: (a) Permit the department or its authorized agents, or state fire marshal or his or her authorized designee, to enter and inspect a grower and processor marihuana facility at any reasonable time. (b) Have conducted, in addition to any inspections required under the act and these rules, fire safety inspections that are required if any of the following occur: (i) Modifications to the grow areas, rooms and storage, extraction equipment and process rooms, or marihuana-infused product processing equipment within a marihuana facility. (ii) Changes in occupancy. (iii) Material changes to a new or existing grower or processor facility including changes made prelicensure and postlicensure. (iv) Changes in extraction methods and processing or grow areas and building structures may trigger a new inspection. (c) Ensure that extractions using compressed gases of varying materials including, but not limited to, butane, propane, and carbon dioxide that are used in multiple processes in cultivation or extraction meet all of the following: (i) Flammable gases of varying materials may be used in multiple processes in cultivation or extraction and must meet the requirements in NFPA 58 and the international fuel gas code. (ii) Processes that extract oil from marihuana plants and marihuana products using flammable gas or flammable liquid must have leak or gas detection measures, or both. All extraction equipment used in the marihuana facility and equipment used in the detection of flammable or toxic gases, or both, must be approved by the BFS and may require construction permits. (iii) Marihuana facilities that have exhaust systems must comply with the NFPA 1 and the Michigan Mechanical Code, R 408.30901 to R 408.30998. R 333.235 Security measures; required plan; video surveillance system. Rule 35. (1) An applicant for a license to operate a proposed marihuana facility shall submit a security plan that demonstrates, at a minimum, the ability to meet the requirements of this rule. (2) A licensee shall ensure that any person at the marihuana facility, except for employees of the licensee, are escorted at all times by the licensee or an employee of the licensee when in the limited-access areas at the marihuana facility. (3) A licensee shall securely lock the marihuana facility, including all interior rooms, windows, and points of entry and exits, with commercial-grade, nonresidential door locks. (4) A licensee shall maintain an alarm system at the marihuana facility. Upon request, a licensee shall make available to the department all information related to the alarm system, monitoring, and alarm activity. (5) A licensee shall have a video surveillance system that, at a minimum, consists of digital or network video recorders, cameras capable of meeting the recording requirements in this rule, video monitors, digital archiving devices, and a color printer capable of delivering still photos. (6) A licensee shall ensure the video surveillance system does all the following:

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(a) Records, at a minimum, the following areas: (i) Any areas where marihuana products are weighed, packed, stored, loaded, and unloaded for transportation, prepared, or moved within the marihuana facility. (ii) Limited-access areas and security rooms. Transfers between rooms must be recorded. (iii) Areas storing a surveillance system storage device with not less than 1 camera recording the access points to the secured surveillance recording area. (iv) The entrances and exits to the building must be recorded from both indoor and outdoor vantage points. The areas of entrance and exit between marihuana facilities at the same location if applicable, including any transfers between marihuana facilities. (v) Point of sale areas where marihuana products are sold and displayed for sale. (b) Records at all times images effectively and efficiently of the area under surveillance with a minimum of 720p resolution. (7) A licensee shall install each camera so that it is permanently mounted and in a fixed location. Each camera must be placed in a location that allows the camera to clearly record activity occurring within 20 feet of all points of entry and exit on the marihuana facility and allows for the clear and certain identification of any person, including facial features, and activities, including sales or transfers, in all areas required to be recorded under these rules. (8) A licensee shall have cameras that record continuously 24 hours per day and recorded images must clearly and accurately display the time and date. (9) A licensee shall secure the physical media or storage device on which surveillance recordings are stored in a manner to protect the recording from tampering or theft. (10) A licensee shall keep surveillance recordings for a minimum of 30 days, except in instances of investigation or inspection by the department, through its investigators, agents, auditors, or the state police, in which case the licensee shall retain the recordings until the time as the department notifies the licensee that the recordings may be destroyed. (11) Surveillance recordings of the licensee are subject to inspection by the department, through its investigators, agents, auditors, or the state police, and must be kept in a manner that allows the department to view and obtain copies of the recordings at the marihuana facility immediately upon request. The licensee shall also send or otherwise provide copies of the recordings to the department upon request within the time specified by the department. (12) A licensee shall maintain a video surveillance system equipped with a failure notification system that provides notification to the licensee of any interruption or failure of the video surveillance system or video surveillance system storage device. (13) A licensee shall maintain a log of the recordings, which includes all of the following: (a) The identities of the employee or employees responsible for monitoring the video surveillance system. (b) The identity of the employee who removed the recording from the video surveillance system storage device and the time and date removed. (c) The identity of the employee who destroyed any recording. R 333.236 Prohibitions. Rule 36. (1) Marihuana products not identified and recorded in the statewide monitoring system pursuant to the act, the marihuana tracking act, or these rules must not be at a marihuana facility. A licensee shall not transfer or sell a marihuana product that is not identified in the statewide monitoring system pursuant to the act or these rules. (2) Any marihuana product without a batch number or identification tag or label pursuant to these rules must not be at a marihuana facility. A licensee shall immediately tag, identify, or record as part of a batch in the statewide monitoring system any marihuana product as provided in these rules.

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(3) A violation of these rules may result in sanctions or fines, or both, in accordance with the act or these rules. R 333.237 Marihuana product destruction and waste management. Rule 37. (1) A marihuana product that is to be destroyed or is considered waste must be rendered into an unusable and unrecognizable form through grinding and incorporating the marihuana product waste with the non-consumable solid waste specified in subdivisions (a) to (h) of this subrule so that the resulting mixture is not less than 50% non-marihuana product waste: (a) Paper waste. (b) Plastic waste. (c) Cardboard waste. (d) Food waste. (e) Grease or other compostable oil waste. (f) Fermented organic matter or other compost activators. (g) Other wastes approved by the department that will render the marihuana product waste unusable and unrecognizable. (h) Soil. (2) A marihuana product rendered unusable and unrecognizable and, therefore, considered waste, must be recorded in the statewide monitoring system. (3) A licensee shall not sell marihuana waste or marihuana products that are to be destroyed, or that the department orders destroyed. (4) A licensee shall manage all waste that is hazardous waste pursuant to part 111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11101 to 324.11153. (5) A licensee shall dispose of marihuana product waste in a secured waste receptacle using 1 or more of the following methods that complies with applicable state and local laws and regulations: (a) A manned and permitted solid waste landfill. (b) A manned compostable materials operation or facility. (c) An in-vessel digester. (d) An incineration method approved by state and local laws and regulations. (6) A licensee shall dispose of wastewater generated during the cultivation of marihuana and the processing of marihuana products in a manner that complies with applicable state and local laws and regulations. (7) A licensee shall maintain accurate and comprehensive records regarding marihuana product waste that accounts for, reconciles, and evidences all waste activity related to the disposal. The department may publish guidance on marihuana product waste management. (8) For the purposes of this rule, “unrecognizable” means marihuana product rendered indistinguishable from any other plant material. R 333.238 Storage of marihuana product. Rule 38. (1) All inventories of marihuana products must be stored at a marihuana facility in a secured limited access area or restricted access area and must be identified and tracked consistently in the statewide monitoring system under the act, the marihuana tracking act, or these rules. (2) All containers used to store marihuana products for transfer or sale between marihuana facilities must be clearly marked, labeled, or tagged, if applicable, and enclosed on all sides in secured containers. The secured containers must be latched or locked in a manner to keep all contents secured within. Each secured container must be identified and tracked in accordance with the act, the marihuana tracking act, and these rules.

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(3) All chemicals or solvents must be stored separately from marihuana products and kept in locked storage areas. (4) Marihuana-infused products, edible marihuana products, or materials used in direct contact with such marihuana-infused products or edible marihuana products, must have separate storage areas from toxic or flammable materials. (5) Edible marihuana products must be stored in compliance with current good manufacturing practice in manufacturing, packing, or holding human food, 21 CFR part 110. Edible marihuana products must be stored separately from other types of marihuana product in compliance with these rules. (6) A provisioning center shall store all marihuana products for transfer or sale behind a counter or other barrier separated from stock rooms. (7) A safety compliance facility shall establish an adequate chain of custody and instructions for sample and storage requirements. (8) A licensee shall ensure that any stock or storage room meets the security requirements of these rules and any other applicable requirements in the act and these rules.

PART 4. TESTING R 333.245 Plant batches; testing procedures. Rule 45. (1) A grower shall uniquely identify each immature plant batch in the statewide monitoring system. Each immature plant batch must not consist of more than 100 immature plants. (2) A grower shall tag each plant that is greater than 8 inches in height or more than 8 inches in width with an individual plant tag and record the identification information in the statewide monitoring system. (3) A grower shall delineate or separate the plants as the plants go through different growth stages and ensure that the plant tag is always identified with the plant throughout the growth span so that all plants can be easily identified and inspected pursuant to the act and these rules. A grower shall ensure that identification information is recorded in the statewide monitoring system in accordance with the act, the marihuana tracking act, and these rules. (4) After a tagged plant is harvested, it is part of a harvest batch so that a sample of the harvest batch can be tested by a safety compliance facility. A grower shall quarantine a harvest batch from other plants or batches that has test results pending. A harvest batch must be easily distinguishable from other harvest batches until the batch is broken down into packages. (5) Before the marihuana product can leave the grower facility, a sample of the harvest batch must be tested by a licensed safety compliance facility as provided in R 333.247 and R 333.248. All test results must indicate passed in the statewide monitoring system before the marihuana can be packaged. A marihuana product from harvest batches must not be transferred or sold until tested, packaged, and tagged as required under subrule (4) of this rule. (6) After test results show a passed test and the harvest batch is packaged, the grower shall destroy the individual plant tags. Each package must have a package tag attached. A grower shall ensure this information is placed in the statewide monitoring system in accordance with the act, the marihuana tracking act, and these rules. (7) A grower shall not transfer or sell any marihuana product that has not been packaged with a package tag attached and recorded in the statewide monitoring system in accordance with the act, the marihuana tracking act, and these rules. (8) After a processor receives or purchases a package in the statewide monitoring system, and the processor proceeds to process the marihuana product in accordance with the scope of a processor

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license, the act, and these rules, the processor shall give the marihuana product a new package tag anytime the marihuana product changes form or is incorporated into something else. (9) After a package is created by a processor of the marihuana product in its final state, the processor shall have the sample tested pursuant to R 333.247 and R 333.248. The processor shall not transfer or sell a final package until after test results indicate a passed test. (10) After a provisioning center receives or purchases a marihuana product in the statewide monitoring system, a licensee may sell or transfer marihuana product only to a registered qualifying patient or registered primary caregiver under both of the following conditions: (a) The marihuana product has received passing test results in the statewide monitoring system. If the information cannot be confirmed, the marihuana product must be tested by a safety compliance facility and receive passing test results before sale or transfer. (b) The marihuana product bears the label required for retail sale under the act and these rules. R 333.246 Retesting. Rule 46. (1) A safety compliance facility may test or retest a sample to validate the results of a failed safety test except as indicated under subrule (2) of this rule. A failed safety test must include documentation detailing the initial failure and the corrective action in the statewide monitoring system. The marihuana facility that provided the sample is responsible for all costs involved in a retest. (2) A failed test sample must pass 2 separate retests consecutively to be eligible to proceed to sale or transfer. If both retests pass, the batch is out of quarantine and eligible for sale or transfer. If 1 or both retests fail, the marihuana product must be destroyed as provided in these rules. (3) A marihuana product is prohibited from being retested in all the following circumstances: (a) The marihuana product is in a final package. (b) A final test for pesticides failed pursuant to these rules. If the amount of pesticides or pesticide active ingredient found is not permissible by the department, the marihuana product is ineligible for retesting and the product must be destroyed. (c) A final failed test for microbials on marihuana-infused product is ineligible for retesting and the product must be destroyed. (4) The department may publish a remediation protocol. R 333.247 Testing; safety compliance facility. Rule 47. (1) A safety compliance facility shall use analytical testing methodologies for the required safety tests in subrule (2) of this rule that may be monitored on an ongoing basis by the department or a third party, including either of the following: (a) The most current version of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia and adopted by reference pursuant to R 333.203. (b) An alternative testing methodology approved by the department and validated by an independent third party that the methodology followed by the laboratory produces scientifically accurate results for each safety test it conducts. (2) A safety compliance facility shall conduct all of the required safety tests specified in subdivisions (a) to (g) of this subrule on the marihuana product that is part of the harvest batch as specified in R 333.245. After the testing on the harvest batch is completed, the department may publish a guide indicating which of the following safety tests are required based on product type when the marihuana product has changed form: (a) Potency analysis that includes all of the following: (i) Tetrahydrocannabinol level. (ii) Tetrahydrocannabinol acid level.

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(iii) Cannabidiol level. (iv) Cannabidiol acid levels. (b) Foreign matter inspection. (c) Microbial and mycotoxin testing. (d) Chemical residue testing that includes all of the following: (i) Pesticides. (ii) Fungicides. (iii) Insecticides. (e) Heavy metals testing as required in this rule. (f) Residual solvent levels. The department may publish a list of required residual solvents and the action limits or levels. (g) Water activity including moisture content. (3) Except as otherwise provided, if a sample collected pursuant to R 333.248 or provided to a safety compliance facility pursuant to these rules does not pass the required safety tests for water activity, microbial and mycotoxin testing, foreign matter inspection, heavy metals, chemical residue, and residual solvents levels based on these rules, the marihuana facility that provided the sample shall dispose of the entire batch from which the sample was taken and document the disposal of the sample using the statewide monitoring system pursuant to the act, marihuana tracking act, and these rules. (4) For the purposes of the microbial test, a sample provided to a safety compliance facility pursuant to this rule is deemed to have passed if it satisfies the standards in Table 9 of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph adopted by reference pursuant to R 333.203. For the purpose of the foreign matter inspection, a sample provided to a safety compliance facility pursuant to this rule is deemed to have passed if it satisfies the standards in the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph adopted by reference pursuant to R 333.203. (5) For the purposes of the mycotoxin testing, the department shall publish a list of acceptable levels. A marihuana sample with a value that exceeds the published acceptable level is considered to be a failed sample. A marihuana sample that is below the acceptable value is considered a passing sample. (6) For the purposes of the heavy metal testing, the department shall publish a list of acceptable levels. A marihuana sample with a value that exceeds the published acceptable level is considered to be a failed sample. A marihuana sample that is below the acceptable value is considered a passing sample. (7) A safety compliance facility shall do all of the following: (a) Become provisionally accredited under subdivision (b) of this subrule within 6 months after the issuance of a license. A safety compliance facility may be ordered to cease operations if provisional accreditation is not received within 6 months. (b) Become fully accredited to the International Organization for Standardization (ISO), ISO/IEC 17025 by an International Laboratory Accreditation Cooperation (ILAC) recognized accreditation body or by an entity approved by the department within 1 year after the date the license is issued and agree to have the inspections and reports of the International Organization for Standardization made available to the department. (c) Maintain internal standard operating procedures. (d) Maintain a quality control and quality assurance program that conforms to ISO/IEC 17025 standards. (8) The department shall establish a proficiency testing program and designate safety compliance facility participation. A safety compliance facility shall analyze proficiency test samples using the same procedures with the same number of replicate analyses, standards, testing analysts and equipment as used for marihuana product testing. A safety compliance facility shall successfully analyze a set of proficiency testing samples not less than annually. A safety compliance facility shall submit copies of

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annual proficiency testing to the department for review. All failed proficiency tests must include corrective action documentation and an additional acceptable proficiency test. Proficiency test results must be conveyed as numerical accuracy percentages, not simply as PASS/FAIL results. Actual PASS/FAIL results must be calculated based on accuracy thresholds generated by reproducibility studies specific to each assay. (9) The department shall publish a list of approved pesticide active ingredients including, but not limited to, any banned substances and limits for use in the cultivation and production of marihuana plants and marihuana products to be sold or transferred in accordance with the act or these rules. For the purposes of the pesticide chemical residue test, a sample provided to a safety compliance facility pursuant to this rule is deemed to have passed as to that chemical if the sample satisfies the most stringent acceptable standard for an approved pesticide chemical residue as set forth in legal regulations for tolerances and exemptions for pesticide chemical residues in food, 40 CFR part 180, subpart C, or the federal insecticide fungicide, and rodenticide act, 7 USC 136 to 136y, whichever is more stringent. (10) If a sample provided to a safety compliance facility pursuant to this rule and R 333.248 passes the safety tests required under subrule (2) of this rule, the safety compliance facility shall enter the information in the statewide monitoring system of passed test results. Passed test results must be in the statewide monitoring system for a batch to be released for immediate processing, packaging, and labeling for transfer or sale in accordance with the act and these rules. (11) A safety compliance facility shall enter the results into the statewide monitoring system and file with the department an electronic copy of each safety compliance facility test result for any batch that does not pass the required tests while it transmits those results to the facility that provided the sample. In addition, a safety compliance facility shall maintain the test results and make them available to the department upon request. (12) The department shall take immediate disciplinary action against any safety compliance facility that fails to comply with the provisions of this rule or falsifies records related to this rule, including any sanctions or fines, or both. (13) A safety compliance facility shall not do any of the following: (a) Desiccate samples unless performing moisture analysis on the sample. (b) Dry label samples. (c) Pre-test samples. (14) A safety compliance facility shall comply with random quality assurance compliance checks upon the request of the department. The department or its authorized agents may collect a random sample of a marihuana product from a safety compliance facility or designate another safety compliance facility to collect a random sample of a marihuana product in a secure manner to test that sample for quality assurance compliance pursuant to this rule. (15) A safety compliance facility shall comply with the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia, which is adopted by reference in R 333.203, unless these rules provide otherwise. R 333.248 Sampling. Rule 48. (1) A safety compliance facility shall test samples as provided in the act, the Michigan medical marihuana act, and these rules. (2) A safety compliance facility shall collect the samples of a marihuana product from another marihuana facility according to the following requirements: (a) The safety compliance facility shall physically collect samples of a marihuana product from another marihuana facility to be tested at the safety compliance facility. The safety compliance facility

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shall ensure that the samples of the marihuana product are placed in secured, sealed containers that bear the labeling information as required under these rules. (b) The safety compliance facility shall collect a sample size sufficient to complete all analyses required, but the sample shall not be less than 0.5% of the weight of the batch. The maximum batch size must be 15 pounds. The department may publish recommendations for this subdivision based on the type of marihuana product being tested. (c) The safety compliance facility shall enter in the statewide monitoring system the marihuana product sample that was collected from a grower, processor, or provisioning center, including the date and time the marihuana product is collected, transferred, tested, and recorded. (d) If a testing sample is collected from a marihuana facility for testing in the statewide monitoring system, that marihuana facility shall quarantine the marihuana product that is undergoing the testing from any other marihuana product at the marihuana facility. The marihuana facility shall indicate the sample being tested in the statewide monitoring system. The quarantined marihuana product must not be transferred or sold until testing results pass as provided under these rules. (e) Any marihuana product that a safety compliance facility collects for testing from a licensee under this rule must not be transferred or sold to any other marihuana facility other than the licensee from whom the sample was collected. (f) A safety compliance facility may request additional sample material from the same licensee from which the sample was collected for the purposes of completing the required safety tests as long as the requirements of this rule are met.

PART 5: MARIHUANA-INFUSED PRODUCTS AND EDIBLE MARIHUANA PRODUCT R 333.261 Requirements and restrictions on marihuana-infused products; edible marihuana product. Rule 61. (1) A processor shall prepackage and properly label marihuana-infused products before sale or transfer. (2) A processor shall have a process in place to test homogeneity of edible marihuana products. The allowable variation for weight and homogeneity between the actual results and the intended serving is to be + or – 10%. (3) A processor of marihuana-infused products shall list and record the tetrahydrocannabinol (THC) level of marihuana-infused products, as provided in R 333.262, in the statewide monitoring system and indicate the THC level on the label along with the tag identification as required under these rules. Items that are part of a product recall issued in the statewide monitoring system, or by the department, or other state agency, if applicable, must be immediately pulled from production by the processor of the marihuana-infused products and not sold or transferred. (4) Marihuana-infused products must be stored and secured as prescribed under these rules. (5) At a minimum, a processor shall label any marihuana-infused product it produces or packages with all of the following: (a) The name and address of the marihuana facility that processes or packages the marihuana-infused product. (b) The name of the marihuana-infused product. (c) The ingredients of the marihuana-infused product, in descending order of predominance by weight. (d) The net weight or net volume of the product. (e) For an edible marihuana product, the processor shall comply with subdivisions (a) to (d) of this subrule and all of the following: (i) Allergen labeling as specified by the Food and Drug Administration (FDA), Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA), 21 USC 343.

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(ii) If any nutritional claim is made, appropriate labeling as specified by Code of Federal Regulations, Food Labeling, Title 21, Part 101, 21 CFR 101 (2017). (iii) The following statement printed in at least the equivalent of 11-point font size in a color that provides a clear contrast to the background: "Made in a marihuana facility.” (6) A processor of edible marihuana product shall comply with all the following to ensure safe preparation: (a) Current good manufacturing practice in manufacturing, packing, or holding human food, 21 CFR part 110. Any potentially hazardous ingredients used to process shelf-stable edible marihuana products must be stored at 40 degrees Fahrenheit, 4.4 degrees Celsius, or below. (b) Provide employee training on safe food handling and demonstrate an employee’s completion of this training by providing proof of food handler certification that includes documentation of employee food handler training, including, but not limited to, allergens and proper sanitation and safe food handling techniques. Any course taken pursuant to this rule must be conducted for not less than 2 hours and cover the following subjects: (i) Causes of foodborne illness, highly susceptible populations, and worker illness. (ii) Personal hygiene and food handling practices. (iii) Approved sources of food. (iv) Potentially hazardous foods and food temperatures. (v) Sanitization and chemical use. (vi) Emergency procedures, including, but not limited to, fire, flood, and sewer backup. (c) A licensee, to ensure compliance with the safe preparation standards under this subrule, shall comply with 1 or more of the following: (i) The FDA food safety modernization act, 21 USC chapter 27. (ii) Safe Quality Food (SQF), 7.2 edition adopted by reference pursuant to R 333.203. (iii) The International Organization for Standardization (ISO), ISO 22000/ISO/TS 22002-1 adopted by reference pursuant to R 333.203. (d) The department may request in writing documentation to verify certifications and compliance with these rules. (7) A processor of edible marihuana product shall comply with all the following: (a) No edible marihuana product can be in a shape, color, package, or labeled in a manner that it would appeal to minors aged 17 years or younger. No edible marihuana product can be associated with or have cartoons, caricatures, toys, colors, designs, shapes, labels, or packaging that would appeal to minors. (b) No edible marihuana product can be easily confused with commercially sold candy. The use of the word candy or candies on the packaging or labeling is prohibited. (c) An edible marihuana product must be in resealable, opaque, child-resistant packages or containers. (8) A processor shall not produce an edible marihuana product that requires time or temperature control for safety. The department may publish validation guidelines for shelf-life edible marihuana product. The department may request to review the validation study for a shelf-life edible marihuana product. The end product must be a stable shelf-life edible marihuana product and state the following information: (a) Expiration or use-by date. A product expiration date, upon which the marihuana product is no longer fit for consumption, or a use-by date, upon which the marihuana product is no longer optimally fresh. Once a label with an expiration or use-by date has been affixed to a marihuana product, a licensee shall not alter that expiration or use-by date or affix a new label with a later expiration or use-by date. (9) As used in this rule, the term “edible marihuana product” means any marihuana-infused product containing marihuana that is intended for human consumption in a manner other than smoke inhalation.

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(10) This rule does not affect the application of any applicable local, state, or federal laws or regulations. R 333.262 Maximum THC levels for marihuana-infused products. Rule 62. Marihuana-infused products processed, sold, or transferred through provisioning centers must not exceed the maximum THC levels as established by the department. For the purposes of maximum THC levels for marihuana-infused products, the department shall publish a list of maximum THC concentration and serving size limits.

PART 6: SALE OR TRANSFER

R 333.271 Tracking identification; labeling requirements; general. Rule 71. (1) All marihuana products sold or transferred between marihuana facilities must have the tracking identification numbers that are assigned by the statewide monitoring system affixed, tagged, or labeled and recorded, and any other information required by the department, the act, and these rules. (2) To ensure access to safe sources of marihuana products, the department, if alerted in the statewide monitoring system, may recall any marihuana products, issue safety warnings, and require a marihuana facility to provide information material or notifications to a registered qualifying patient or registered primary caregiver at the point of sale. R 333.272 Marihuana plant; tracking requirements. Rule 72. Before a marihuana plant is sold or transferred, a package tag must be affixed to the plant or plant container and enclosed with a tamper proof seal that includes all of the following information: (a) Business or trade name, licensee number, and the RFID package tag assigned by the statewide monitoring system that is visible. (b) Name of the strain. (c) Date of harvest, if applicable. (d) Seed strain, if applicable. (e) Universal symbol, if applicable. R 333.273 Marihuana product sale or transfer; labeling and packaging requirements. Rule 73. (1) Before a marihuana product is sold or transferred to or by a provisioning center, the container, bag, or product holding the marihuana product must have a label and be sealed with all of the following information: (a) The name of the licensee and the license number of the producer, including business or trade name, and tag or source number as assigned by the statewide monitoring system. (b) The name of the licensee and the license number including business or trade name of licensee that packaged the product, if different from the processor of the marihuana product. (c) The unique identification number for the package or the harvest, if applicable. (d) Date of harvest. (e) Name of strain. (f) Net weight in United States customary and metric units. (g) Concentration of THC and cannabidiol (CBD). (h) Activation time expressed in words or through a pictogram. (i) Name of the safety compliance facility that performed any test, any associated test batch number, and any test analysis date. (j) The universal symbol for marihuana product published on the department’s website.

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(k) A warning that states all the following: (i) "For use by registered qualifying patients only. Keep out of reach of children." (ii) "It is illegal to drive a motor vehicle while under the influence of marihuana." (iii) “National Poison Control Center 1-800-222-1222”. (2) A marihuana product sold by a provisioning center must comply with all of the following: (a) A marihuana product must not be in a shape, color, package, or labeled in a manner that would appeal to minors aged 17 years or younger. A marihuana product must not be associated with or have cartoons, caricatures, toys, colors, designs, shapes, labels, or packaging that would appeal to minors. (b) A marihuana product must not be easily confused with commercially sold candy. The use of the word candy or candies on the packaging or labeling is prohibited. (c) A marihuana product must be in resealable, opaque, child-resistant packages or containers. R 333.274 Sale or transfer; provisioning centers. Rule 74. (1) A provisioning center may sell or transfer a marihuana product to a registered qualifying patient or a registered primary caregiver if all of the following are met: (a) The licensee verifies with the statewide monitoring system that the registered qualifying patient or a registered primary caregiver holds a valid, current, unexpired, and unrevoked registry identification card. (b) The licensee confirms that the registered qualifying patient or the registered primary caregiver presented his or her valid driver license or government-issued identification card that bears a photographic image of the qualifying patient or primary caregiver. (c) The licensee determines, if completed, any transfer or sale will not exceed the purchasing limit prescribed in R 333.275. (d) Any marihuana product that is sold or transferred under this rule has been tested and is labelled and packaged for sale or transfer in accordance with R 333.273. (2) A provisioning center may sell or transfer a marihuana product to a visiting qualifying patient if all of the following are met: (a) The licensee verifies that the visiting qualifying patient has a valid unexpired medical marihuana registry card or its equivalent issued in another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana. (b) The licensee confirms that the visiting qualifying patient presented his or her valid driver license or government-issued identification card that bears a photographic image of the visiting qualifying patient. (c) The licensee determines, if completed, that any transfer or sale will not exceed the purchasing limit prescribed in R 333.275. (d) Any marihuana product that is sold or transferred under this rule has been tested and is labelled and packaged for sale or transfer in accordance with R 333.273. (e) As used in this subrule, “visiting qualifying patient” means that term as defined in section 3 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26423. (3) A provisioning center shall enter all transactions, current inventory, and other information required by these rules in the statewide monitoring system in compliance with the act, marihuana tracking act, and these rules. The provisioning center shall maintain appropriate records of all sales or transfers under the act and these rules and make them available to the department through its investigators, agents, auditors, or the state police upon request. R 333.275 Daily purchasing limits; monthly purchasing limits; provisioning center.

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Rule 75. (1) Before the sale or transfer of marihuana product to a registered qualifying patient or registered primary caregiver, the licensee shall verify in the statewide monitoring system that the sale or transfer does not exceed either of the daily purchasing limits as follows: (a) For a registered qualifying patient, an amount of marihuana product that does not, in total, exceed 2.5 ounces per day. (b) For a registered primary caregiver, an amount of marihuana product that does not, in total, exceed 2.5 ounces per day for each registered qualifying patient with whom he or she is connected through the department’s registration process. (2) Before the sale or transfer of marihuana product to a registered qualifying patient or registered primary caregiver, the licensee shall verify in the statewide monitoring system that the sale or transfer does not exceed the monthly purchasing limit of 10 ounces of marihuana product per month to a qualifying patient, either directly or through the qualifying patient’s registered primary caregiver. R 333.276 Marketing and advertising restrictions. Rule 76. (1) A marihuana facility shall comply with all municipal ordinances, state law, and these rules that regulate signs and advertising. (2) A licensee shall not advertise a marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place. A licensee shall not advertise or market a marihuana product to members of the public except for direct communication to registered qualifying patients, in print, broadcast, cable, radio, or digital communication. (3) A marihuana product must be marketed or advertised as “medical marihuana” for use only by registered qualifying patients or registered primary caregivers. (4) A marihuana product must not be marketed or advertised to minors aged 17 years or younger. Sponsorships targeted to members aged 17 years or younger are prohibited.

PART 7: EMPLOYEES

R 333.281 Employees; requirements. Rule 81. (1) A licensee shall conduct a criminal history background check on any prospective employee before hiring that individual pursuant to section 405 of the act, MCL 333.27405. A licensee shall keep records of the results of the criminal history background checks. A licensee shall record confirmation of criminal history background checks and make the confirmation available for inspection upon request by the department through its investigators, agents, auditors, or the state police. (2) A licensee shall comply with all of the following: (a) Have a policy in place that requires employees to report any new or pending charges or convictions. If an employee is charged or convicted for a controlled substance-related felony or any other felony, the licensee shall report it immediately to the department. (b) Enter the identification number that is assigned by the department into the statewide monitoring system for an employee of the licensee when he or she is hired. The licensee shall immediately update in the statewide monitoring system employee information and status. (c) If an employee is no longer employed by a licensee, the licensee shall remove that employee’s access and permissions to the marihuana facility and the statewide monitoring system. (d) Train employees and have an employee training manual that includes, but is not limited to, employee safety procedures, employee guidelines, security protocol, and educational training, including, but not limited to, marihuana product information, dosage and purchasing limits if applicable, or educational materials. (e) Establish point of sale or transfer procedures for employees at provisioning centers performing any transfers or sales to registered qualifying patients and registered primary caregivers. The point of

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sale or transfer procedures must include, but are not limited to, training in dosage, marihuana product information, health or educational materials, point of sale training, purchasing limits, CBD and THC information, serving size, and consumption information including any warnings. (f) Screen prospective employees against a list of excluded employees based on a report or investigation maintained by the department. (g) When a registered primary caregiver is hired as an employee of a grower, processor, or secure transporter, the licensee or the individual shall withdraw registration as a registered primary caregiver in a manner established by the department. (h) A licensee shall ensure that employees handle marihuana product in compliance with current good manufacturing process in manufacturing, packing, or holding human food, 21 CFR part 110, as specified in R. 333.233. (3) If an individual is present at a marihuana facility or in a secure transporter vehicle who is not identified as a licensee or an employee of the licensee in the statewide monitoring system or is in violation of the act or these rules, the department, through its investigators, agents, auditors, or the state police may take any action permitted under the act and these rules. (4) Employee records are subject to inspection or examination by the department, through its investigators, agents, auditors, or the state police to determine compliance with the act or these rules. (5) As used in this rule “employee” includes, but is not limited to, hourly employees, contract employees, trainees, or any other person given any type of employee credentials or authorized access to the marihuana facility. R 333.282 Provisioning center home delivery employees; patient home delivery; limited circumstances. Rule 82. (1) A provisioning center may employ an individual to engage in the home delivery of a marihuana product for sale or transfer to a registered qualifying patient. (2) A provisioning center that employs an individual under subrule (1) of this rule shall establish procedures as specified in this rule to allow an employee of the provisioning center to deliver a marihuana product to a patient at the patient’s home address. All of the following procedures apply to the home delivery procedures established by a provisioning center: (a) For the purposes of this rule only, a licensee may accept an online order of a marihuana product and payment for the order that will be delivered to the home of the registered qualifying patient as provided in this rule. An online order and payment must be received through a secure website that authenticates access by the registered qualifying patient. A provisioning center shall ensure that only an authenticated and verified registered qualifying patient may view on the provisioning center’s website a marihuana product that is available for home delivery. (b) The provisioning center creates a home delivery procedure that is subject to inspection and examination including, but not limited to, record keeping and tracking requirements. The department may publish guidelines on the recommended procedure. (c) The home delivery employee meets the requirements in R 333.281 and is an employee of the provisioning center. (d) Any other home delivery procedures required in this rule. (e) The department has authorized the provisioning center licensee’s proposed registered qualifying patient home delivery procedure. (3) A provisioning center that has received authorization under subrule (2) of this rule shall comply with all of the following: (a) The provisioning center shall verify that the sale or transfer to the registered qualifying patient is in accordance with R 333.274 and this rule. The home delivery employee may take cash payment upon

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delivery and shall deliver the marihuana product only to the physical home address of the registered qualifying patient. (b) The amount of marihuana product that may be delivered is limited to the daily and monthly purchase limits of the registered qualifying patient as provided in R 333.275. (c) The provisioning center shall record all transactions in the statewide monitoring system as required in the act and these rules. (d) An employee of the provisioning center shall make home deliveries only to a registered qualifying patient. A home delivery employee shall verify that the person taking delivery is the registered qualifying patient who has been recorded in the statewide monitoring system. (e) The authorization granted to a provisioning center pursuant to subrule (2) of this rule may be denied, suspended, or withdrawn by the department. The provisioning center may be subject to other sanctions and fines as provided in the act and these rules. (4) A provisioning center shall maintain records of all of the following that are required to be made available to the department through its investigators, agents, auditors, or the state police upon request: (a) Verification in the statewide monitoring system that the registered qualifying patient holds a valid, current, unexpired, and unrevoked registry identification card as required in R 333.274 and this rule. (b) Confirmation that the registered qualifying patient presented his or her valid driver license or government-issued identification card that bears a photographic image of the patient as required in R 333.274 at the time of home delivery. (c) Validation that the address for home delivery of a marihuana product is the home address of the registered qualifying patient. (d) Documentation that the registered qualifying patient has consented to the home delivery of marihuana product. The consent must include an acknowledgement by the patient for the release of information necessary in fulfilling the home delivery. (e) Maintenance of the following records for any motor vehicle used for home delivery and the making of the records available to the department through its investigators, agents, auditors, or the state police upon request: the vehicle’s make, model, color, vehicle identification number, license plate number, and vehicle registration. (5) A home delivery employee shall carry a copy of all of the following information and shall make these records available to the department through its investigators, agents, auditors, or the state police upon request: (a) The employee identification number required under R 333.281. (b) The provisioning center licensee license number. (c) The address of the provisioning center licensee. (d) Contact information of the provisioning center licensee. (e) A copy of the provisioning center’s home delivery log as required in subrule (11) of this rule. (6) A home delivery employee shall have access to a secure form of communication with the provisioning center licensee, such as a cellular telephone, at all times in the vehicle or on his or her person. (7) To ensure the integrity of the provisioning center operation, a home delivery employee shall comply with all the following: (a) During home delivery, the home delivery employee shall maintain a physical or electronic copy of the home delivery request and shall make the home delivery request available to the department through its investigators, agents, auditors, or the state police upon request. (b) A home delivery employee shall not leave a marihuana product in an unattended motor vehicle unless the motor vehicle is locked and equipped with an active vehicle alarm system. (c) A home delivery employee’s vehicle must contain a global positioning system (GPS) device for identifying the geographic location of the delivery vehicle. The device must be either permanently or

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temporarily affixed to the delivery vehicle while the delivery vehicle is in operation, and the device must remain active and in the possession of the delivery employee at all times during delivery. At all times, the provisioning center must be able to identify the geographic location of all home delivery vehicles and home delivery employees who are making home deliveries for the provisioning center and shall provide that information to the department through its investigators, agents, auditors, or the state police upon request. (d) While making home deliveries, a home delivery employee shall travel only from the provisioning center’s licensed marihuana facility to the delivery addresses and back to the provisioning center. A home delivery employee shall make no more than 3 registered qualifying patient home deliveries per trip before returning to the provisioning center. A home delivery employee shall not deviate from the home delivery limit or delivery path described in this subrule except in an emergency that is reported to the provisioning center and documented in the statewide monitoring system. (e) While making home deliveries, a home delivery employee shall not a carry marihuana product valued in excess of the amount of the registered qualifying patient’s delivery of the marihuana product at any time. A provisioning center shall have a procedure subject to department approval that establishes the amount of money a home delivery employee is allowed to have on his or her person at any 1 time during the home delivery process. All transactions must be completed in 1 business day and any money collected during the delivery process must be returned to the provisioning center. (f) A home delivery employee of a provisioning center shall not be employed as a home delivery employee for multiple provisioning centers. (8) A provisioning center shall ensure that home deliveries are completed in a timely and efficient manner as provided on the home delivery request and log. All home deliveries must occur within the business hours of the provisioning center. During a home delivery, a home delivery employee shall not store a marihuana product in a vehicle used for home deliveries other than in a secured compartment. (9) The process of home delivery begins when the delivery employee leaves the provisioning center’s marihuana facility with the marihuana product for delivery. The process of home delivery ends when the delivery employee returns to the provisioning center’s licensed marihuana facility after delivering the marihuana product to the registered qualifying patient. (10) A provisioning center shall maintain a record of each delivery of a marihuana product in a home delivery log, which may be a hard copy or electronic format, and make the home delivery log available to the department through its investigators, agents, auditors, or the state police upon request. For each delivery, the home delivery log must record all of the following: (a) The date and time that the delivery began and ended. (b) The name of the home delivery employee. (c) The amount of marihuana product allowed to be possessed for delivery. (d) The lot number of the marihuana product and the name of the strain of that marihuana product. (e) The signature of the registered qualifying patient who accepted delivery. (11) A provisioning center shall notify the department, state police, or local law enforcement of any theft, loss of marihuana product, or criminal activity as provided in R 333.216. A provisioning center shall report to the department and law enforcement, if applicable, any other event occurring during home delivery that violates the home delivery procedure as provided in this rule, including delivery vehicle accidents and diversion of marihuana product. (12) This rule does not affect the application of any applicable local, state, or federal laws or regulations.

PART 8. HEARINGS R 333.291 Definitions.

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Rule 91. These rules use terms as defined in R 333.201, sections 101 and 102 of the act, MCL 333.27101 and 333.27102, and sections 1 to 3 of the APA, MCL 24.201 to 24.203. In addition, as used in this these rules: (a) “Agency” means the department, bureau, board, authority, or officer created by the constitution, statute, or agency action. (b) “APA” means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (c) “Contested case hearing” means an administrative hearing conducted by an administrative law judge within the MAHS on behalf of the agency in accordance with MCL 333.27407(4) and 333.27302(i). (d) “MAHS” means the Michigan administrative hearing system within the department of licensing and regulatory affairs. (e) “MAHS general hearing rules” means the administrative hearing rules promulgated by the Michigan administrative hearing system set forth in R 792.10101 to R 792.10137 of the Michigan administrative code. (f) “Public investigative hearing” means a proceeding before the medical marihuana licensing agency to provide an applicant an opportunity to present testimony and evidence to establish suitability for a license, in accordance with section 407(3) of the act, MCL 333.27407. R 333.292 Hearing procedures; scope and construction of rules. Rule 92. (1) These rules apply to hearings under the jurisdiction of the agency involving the denial of a license or other licensing action pursuant to section 407 of the act, MCL 333.27407 or involving complaints brought by licensees pursuant to section 302 of the act, MCL 333.27302. (2) These rules are construed to secure a fair, efficient, and impartial determination of the issues presented in a manner consistent with due process. (3) If the rules do not address a specific procedure, the MAHS general hearing rules, the Michigan court rules, and the contested case provisions of sections 71 to 87 of the APA, MCL 24.271 to 24.287, apply. R 333.293 Hearing on license denial. Rule 93. (1) An applicant denied a license by the agency may request a public investigative hearing in writing within 21 days of service of notice of the denial. (2) After the agency receives notice of an applicant’s request for a public investigative hearing, the agency shall provide an opportunity for this hearing at which the applicant may present testimony and evidence to establish suitability for a license. (3) The agency shall provide the applicant with written notice of the public investigative hearing not less than 2 weeks before the hearing date. The notice must include all of the following information: (a) A statement of the date, hour, place, and nature of the hearing. (b) A statement of the legal authority and jurisdiction under which the hearing is to be held. (c) A short and plain statement of the issues involved, and reference to the pertinent sections of the act and rules involved. (d) A short description of the order and manner of presentation for the hearing. (4) Not less than 2 weeks before the hearing, the agency shall post notice of the public investigative hearing at its business office in a prominent place that is open and visible to the public. (5) The agency, or 1 or more administrative law judges designated and authorized by the agency, shall conduct and preside over the public investigative hearing and shall do all of the following: (a) Administer oaths or affirmations to witnesses called to testify at the hearing. (b) Receive evidence in the form of testimony and exhibits.

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(c) Establish and regulate the order of presentation and course of the public investigative hearing; set the time and place for continued hearings; and fix the time for filing written arguments, legal briefs, and other legal documents. (d) Accept and consider relevant written and oral stipulations of fact and law that are made part of the hearing record. (6) Upon timely request of the applicant or the agency in accordance with the Michigan court rules, the agency or the agency’s designated administrative law judge may issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties under the act. (7) During the public investigative hearing, the applicant and the agency must be given a full opportunity to present witnesses, ask questions or cross-examine the opposing party’s witnesses, and present all relevant information to the agency regarding the applicant’s eligibility and suitability for licensure. (8) The applicant shall at all times have the burden of establishing, by clear and convincing evidence, its eligibility and suitability for licensure under the act and these rules. (9) The agency shall record the public investigative hearing at its direction, stenographically or by other means, to adequately ensure preservation of an accurate record of the hearing. (10) Following the public investigative hearing, the matter must be considered by a quorum at a regular or emergency meeting properly noticed in accordance to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, at which the agency shall decide whether to affirm, reverse, or modify in whole or in part the denial of license. (11) The agency’s decision to affirm, reverse, or modify in whole or in part the denial of license must be based on the whole record before the agency and not be limited to testimony and evidence submitted at the public investigative hearing, in accordance with section 407(3) of the act, MCL 333.27407. (12) The agency’s decision to affirm, reverse, or modify in whole or in part the denial of license must be reduced to writing and served upon the applicant and agency within a reasonable time. R 333.294 Review of licensing action. Rule 94. (1) A licensee who has been notified of a license violation, or of the agency’s intent to suspend, revoke, restrict, or refuse to renew a license or impose a fine, may be given an opportunity to show compliance with the requirements before the agency taking action as prescribed by the act or these rules. (2) A licensee aggrieved by an action of the agency to suspend, revoke, restrict, or refuse to renew a license, or to impose a fine, may request a contested case hearing in writing within 21 days after service of notice of the intended action. (3) Upon receipt of a timely request, the agency shall provide the licensee an opportunity for a contested case hearing in accordance with sections 71 to 87 of the APA, MCL 24.271 to 24.287, and the MAHS general hearing rules. (4) The contested case hearing must be conducted by an administrative law judge or judges within the MAHS. (5) Upon timely request of the licensee or the agency in accordance with the Michigan court rules, an assigned administrative law judge may issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents, and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties under the act.

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(6) The agency has the burden of proving, by a preponderance of the evidence, that sufficient grounds exist for the intended action to suspend, revoke, restrict, or refuse to renew a license, or to impose a fine, or summarily suspend a license. R 333.295 Summary suspension. Rule 95. (1) If the agency summarily suspends a license under section 407(2) of the act, MCL 333.27407, without notice or hearing upon a determination that the safety or health of patrons or employees is jeopardized by continuing a marihuana facility’s operation, a post-suspension hearing must be held promptly to determine if the suspension should remain in effect, in accordance with section 92 of the APA, MCL 24.292, and the MAHS general hearing rules. (2) At the post-suspension hearing, the agency has the burden of proving by a preponderance of the evidence that the summary suspension should remain in effect because the safety or health of patrons or employees is jeopardized by continuing a marihuana facility’s operation. (3) Immediately after the post-suspension hearing, the administrative law judge assigned to hear the matter shall issue a written order granting or denying dissolution of the summary suspension. (4) If the licensee fails to appear at the post-suspension hearing, the administrative law judge shall find that the safety or health of patrons or employees is jeopardized by continuing a marihuana facility’s operation and continue the order of summary suspension. (5) The record created at the post-suspension hearing becomes a part of the record at any subsequent hearing in the contested case.

R 333.296 Complaint by licensee. Rule 96. (1) A licensee may file a written complaint with the agency regarding any investigative procedures of this state that he or she believes to be unnecessarily disruptive of marihuana facility operations, as provided in section 302 of the act, MCL 333.27302. (2) The agency may delegate to a subcommittee of the agency the authority to hear, review, or rule on a licensee complaint. (3) The agency or its subcommittee may delegate authority to an administrative law judge to hear a licensee’s complaint as a contested case in accordance with sections 71 to 79 of the APA, MCL 24.271 to 24.279, and the MAHS general hearing rules. (4) As the complaining party, a licensee has the burden of proving by a preponderance of the evidence that the investigative procedures of this state unreasonably disrupted its marihuana facility operations. R 333.297 Proposal for decision. Rule 97. Following an opportunity for a public investigative hearing or contested case hearing and closure of the record after submission of briefs, if any, the administrative law judge shall prepare and serve upon the parties a proposal for decision containing proposed findings of fact and conclusions of law, in accordance with section 81 of the APA, MCL 24.281.

R 333.298 Final order. Rule 98. (1) The agency shall consider the entire public investigative or contested case record and may affirm, reverse, or modify all or part of the proposal for decision. (2) The agency’s decision must be reduced to writing and served upon the licensee within a reasonable time. (3) The review decision or order of the agency following an opportunity for hearing is deemed to be the final agency decision or order for purposes of judicial review under chapter 6 of the APA, MCL 24.301 to 24.306.

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PART 9: SUNSET

R 333.299 Sunset. Rule 99. These rules expire 2 years after the date of filing unless this provision is rescinded.

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NOTICE OF PUBLIC HEARING

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

BUREAU OF MEDICAL MARIHUANA REGULATION

MEDICAL MARIHUANA FACILITIES Rule Set 2017-042 LR


Monday, September 17, 2018 525 West Ottawa Street Lansing, MI

Williams Building, 1st Floor, Auditorium 9:30 AM

The Department of Licensing and Regulatory Affairs, Bureau of Medical Marihuana Regulation will hold a public hearing on Monday, September 17, 2018, at the Williams Building, 525 West Ottawa Street, Lansing, Michigan in the 1st Floor Auditorium at 9:30 A.M. The hearing will be held to receive public comments on the proposed Medical Marihuana Facilities rules. The proposed Medical Marihuana Facilities rules (2017-042 LR) is a new rule set. The rule set provides for the implementation of a program to license medical marihuana facilities. The rule set implements, administers, and enforces appropriate standards for marihuana facilities and associated equipment and establishes regulations ensuring the safety, security, and integrity of the operation of marihuana facilities. These rules are promulgated by authority conferred on the Department of Licensing and Regulatory Affairs by Section 206 of the Medical Marihuana Facilities Licensing Act (MMFLA), 2016 PA 281, as amended, MCL 333.27206. These rules will take effect immediately upon filing with the Secretary of State. The rules are published on the Office of Regulatory Reinvention’s website at www.michigan.gov/orr and in the September 15, 2018, issue of the Michigan Register. Public comments on the proposed rules may be presented in person at the public hearing or submitted to the following address until 5:00 P.M. on Friday, September 21, 2018. Copies of the proposed rules may also be obtained by electronic transmission at the following address:

Department of Licensing and Regulatory Affairs Legal Section, Bureau of Medical Marihuana Regulation

P.O. Box 30205 Lansing, MI 48909

Phone: 517-284-8584 Fax: 517-284-8598

E-mail: [email protected] The hearing site is accessible, including handicap parking. People with disabilities requiring additional accommodations in order to participate in the hearing (such as information in alternative formats) should contact Kelly Kronner at 517-284-8584 at least 14 days prior to the hearing date. Individuals attending the meeting are requested to refrain from using heavily scented personal care products in order to enhance accessibility for everyone. Information at this meeting will be presented by speakers and printed handouts.

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PROPOSED ADMINISTRATIVE RULES

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

BOARD OF MANAGERS

VETERANS HOME RULES

Filed with the Secretary of State on

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45(a)(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. (By authority conferred on the board of managers by section 8 of 1885 PA 152, MCL 36.8 and Executive Order 1991-7, MCL 36.71) R 32.71, R 32.72, R 32.73, R 32.74, R 32.75, R 32.76, R 32.77, R 32.78, R 32.79, R 32.83, R 32.85, R 32.86, R 32.87, R 32.88, and R32.89 of the Michigan Administrative Code are amended, and R 32.80 and R 32.81 of the Code are rescinded, as follows: R 32.71 Purpose. Rule 1. The intent of the veterans home rules are created is to provide substantive and procedural due process to members of the homes and the public; to assure the continued financial stability of the homes; to prevent and ensure sufficient standards related to admissions, transfers, and discharges; prohibit fraudulent admissions, continued care and unjust enrichment; and, to maximize the availability of housing and care to qualified veterans and their family members. R 32.72 Definitions. Rule 2. As used in these rules: (1) "Administrator" means the chief executive officer licensed senior authority of a state veterans home, or his or her designated representative. (2) "Applicant" means an individual who is applying for admission to a state veterans home. (a) "Financially sufficient applicant" means an individual who is applying for admission to a state veterans home, and who is not an indigent and/or whose non-excluded assets exceed the indigent criteria. (b) "Financially insufficient applicant" means an individual who is applying for admission to a state veterans home, and who is an indigent and/or whose non-excluded assets do not exceed the indigent criteria. (3) "Arrearage" means the cost of care a home provides less the amount of funds that a member has paid to the state for the cost of care. An arrearage is a balance debt owed by a an applicant, member, or his or her estate to this the state of Michigan for care provided at a state veterans home. This definition does not apply to care covered by Medicaid that is also subject to estate recovery. (4) “Assessment” means the members charge for services that is less than the cost of care as determined by the governing board. (5)(4) "Asset" means the valuable property of an applicant or member.

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(6)(5) "Asset divestment" means the disposing, transfer, gifting, conversion, or giving away of assets for less than fair market value. (7)(6) "Asset restriction" means the moving or transferring of assets, thereby making them unavailable to pay the member’s individual assessment or the cost of care. (7) "Board" means the board of managers, as established by 1885 PA 152, MCL 36.2. (8) “CFR” means the Code of Federal Regulations. (9)(8) "Contract" means the written agreement between a member and the home. (10)(9) "Cost of care" means the monthly amount set by the governing board Board at the start of each fiscal year. (10) "Department" means the department of military and veterans affairs. (11) "Department of veterans affairs" or "DVA" means the federal agency tasked with operating and maintaining federal programs for veterans benefits. (12) "Eligible veteran" means an individual who meets either of the following conditions: (a) Was part of a military organization or unit recognized by the department of defense and/or the state of Michigan that had its principle nexus in Michigan at any time during the individual's service. (b) Was part of a military organization or unit recognized by the department of defense and/or the state of Michigan and who is a resident of the state of Michigan at the time of application for admission to a state veterans home. (11)(10) "Governing board" means the applicable authority; either the board of managers, as established by 1885 PA 152, MCL 36.2, or the veterans’ facility authority board as established by section 3 of 2016 PA 560, MCL 36.103 (12)(13) "Home" means a state veterans home as defined by 38 CFR 51.2., including the Grand Rapids Home for Veterans and the D.J. Jacobetti Home for Veterans. (14) "Homestead" means the primary residence of an applicant, member, or spouse of an applicant or member. (15) "Indigent" means an individual who is disabled by disease, wounds or otherwise, who has no adequate means of support, and by reason of such disability is incapable of earning a living and is otherwise dependent on public or private charity, as defined in section 11 of 1885 PA 152, MCL 36.11. (13)(16) "MCL" means Michigan compiled laws. (14)(17) "Member" means an individual who has been admitted to a state veterans home. and may be either of the following: (a) "Financially sufficient member" means an individual who has been admitted to a state veterans home, and who is not an indigent and/or whose non-excluded assets exceed the indigent criteria. (b) "Financially insufficient member" means an individual who has been admitted to a state veterans home, and who is an indigent and/or whose non-excluded assets do not exceed the indigent criteria. (18) "Resident" means an individual who is living in the state voluntarily with the intention of making his or her permanent home there. (15)(19) "Responsible party" means either of the following: (a) The spouse of an applicant, member, or eligible veteran. (b) A an individual with the legal authority to act on behalf of an applicant or member. applicant, member, or eligible veteran. (16)(20) "State" means the state of Michigan. (21) "Substantial evidence" means evidence that a reasonable person would accept as sufficient to support a conclusion.

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R 32.73 Eligibility for admission; continued care. Rule 3. (1) Applicants for admission must meet the criteria specified in section 11 of 1885 PA 152, MCL 36.11 or section 1 of 1921 PA 15, MCL 36.31.

(2) In addition to the requirements in subrule (1) of this rule, an applicant must demonstrate both of the following:

(a) Be able to pay his or her portion of the cost of care. (b) Not require care for which the home is not equipped or staffed to provide.

Before entering into a contract for admission, the administrator will determine whether the applicant meets the criteria for admission as specified in section 11 of 1885 PA 152, MCL 36.11, or section 1 of 1921 PA 15, MCL 36.31. The applicant must provide substantial evidence to establish that he or she is an eligible veteran. (3)(2) The home may refuse admission to applicants whose medical, behavioral, or other conditions and/or disabilities exceed the level of care service provided by the home. (3) In determining whether to admit an applicant, the home will consider the medical diagnosis of the applicant's actual or suspected conditions, the classifications of risk potential, the ability of the home to provide adequately and appropriately for the applicant's medical and social needs, and the applicant's ability and willingness to adapt to the home's environment. (4) Following admission, the home shall continue to provide care, provided that the care required does not exceed the level of care offered at the home. The home will provide continued care for any member whose medical conditions and/or disabilities change or worsen after admission, provided that the member's medical conditions and/or disabilities do not exceed the level of service provided by the home. If the member's level of care exceeds what the home is able to provide, the home will attempt to transfer the member to an appropriate treatment center. R 32.74 Involuntary transfer and discharge. Rule 4. (1) The governing board shall establish policies regarding involuntary transfers and discharges. The policies must be in compliance with 38 CFR 51.80 and 42 CFR 483.15. The home may involuntarily transfer or discharge a member for 1 or more of the following reasons: (a) Medical reasons. (b) The member's welfare. (c) The welfare of other members or home employees. (d) Non-payment for the member's stay. (2) Policies regarding involuntary transfers and discharges will be established by the board. R 32.75 Holding bed open during temporary absence of member. Rule 5. (1) The governing board shall establish policies regarding the holding of beds for members absent from the home for emergency medical treatment, therapeutic leave, or other reasons. The policies must be in compliance with 38 CFR 51.80 and 42 CFR 483.15. If a member is temporarily absent from the home for emergency medical treatment, the home will hold the bed open for the member for at least 10 days, if there is a reasonable expectation that the member will return within that period of time and the home receives payment for each day the member is absent from the home. (2) If a patient is temporarily absent from the home for therapeutic reasons as approved by a physician, the home will hold the bed open for 30 days, if there is a reasonable expectation that the member will return within that period of time. Personal leaves of absence for therapeutic reasons are limited to 30 days per year. (3) When a member's absence is longer than specified under subrule (1) or

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(2) of this rule, or both, the member may return to the home for the next available bed. R 32.76 Financial disclosure. Rule 6. (1) In determining financial eligibility for admission or continued care, a financially insufficient an applicant, financially insufficient member, or responsible party must make full and honest disclosure of all current assets and income in accordance with the policies developed by the governing board. as well as all assets held within 3 years before the date of application. (2) Financially sufficient applicants, financially sufficient members, and responsible parties who do not have an arrearage and who are paying the cost of care are not required to disclose asset information. (3) Applicants and/or members must fully disclose information requested by the administrator and must authorize the release of information as requested by the administrator. R 32.77 Financial responsibility. Rule 7. (1) Financially sufficient members A member must pay the his or her portion of the total cost of care as determined in policy established by the governing board. (2) Financially insufficient members must pay for care in accordance with the board's approved schedules and formulas. (2)(3) Any amounts of the member’s portion of the cost of care not paid are considered an arrearage. The state may file an appropriate legal proceeding at any time to recover an arrearage owed. R 32.78 Asset divestment; asset restriction. Rule 8. (1) The governing board shall determine policies establishing asset divestment and restriction penalties. Divestment of assets during the 36 months before the date of application to a home subjects an applicant to an admission disqualification period. (2) Restriction of assets during the 36 months before the date of application to a home subjects an applicant to an admission disqualification period. (3) An applicant must not divest assets after application or admission to a home. (4) An applicant must not restrict assets after application or admission to a home. R 32.79 Exempt assets and income. Rule 9. (1) The governing board shall determine policies establishing exempt assets and income. The exempt dollar amount for a single applicant or member is $2,000. The exempt dollar amount for a married applicant or member is $25,000. Assets exempt from this dollar amount include all of the following: (a) The homestead of a married applicant or member. (b) An automobile. (c) An irrevocable or prepaid funeral/burial contract up to an amount determined by the board. (2) The board may determine if the homestead of a single applicant or member is an exempt asset. In making its decision, the board may consider various reasons for exemption of the homestead of a single applicant or member, including the possibility that the applicant or member may recover his or her health and return home. R 32.80 Rescinded. Asset divestment or restriction at time of application; verification; admission disqualification period; waiver of disqualification period. Rule 10. (1) If an applicant has divested or restricted an asset during the 36 months before the date of application, the applicant must provide verification of the date and amount of the divestment or restriction.

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(2) If the home believes that an applicant has divested or restricted an asset during the 36 months before the date of application, the applicant may be asked to provide verification that the divestment or restriction did not occur. (3) The length of an admission disqualification period is determined by dividing the value of the divested or restricted asset or assets by the monthly cost of care. (4) A period of admission disqualification will begin with the month in which the divestment or restriction occurred. (5) A period of admission disqualification will take place in whole-month increments, up to a maximum of 36 months. (6) An admission disqualification period may be waived to facilitate immediate admission, provided that the applicant agrees to pay the cost of his or her care until such time as the combined value of the divested or restricted assets and any remaining non-exempt assets have been used to pay the cost of care. The applicant will pay for the cost of care for the remainder of the disqualification period or until any remaining non-exempt assets have been utilized, whichever is longer. R 32.81 Rescinded. Asset divestment or restriction after application or admission. Rule 11. (1) If a divestment or restriction of assets occurs after application but before admission, the applicant is ineligible for admission unless the applicant pays the cost of care until such time as the combined value of the divested or restricted assets and any remaining non-exempt assets have been used to pay the cost of care. (2) If an asset divestment or restriction occurs after admission, the member may be discharged unless the member pays the cost of care until such time as the combined value of the divested or restricted assets and any remaining non-exempt assets have been used to pay the cost of care. R 32.82 Contract for admission. Rule 12. A member and a home must enter into a contract for admission. There will be a contract for admission between a member and a home. R 32.83 Appeals; Right right to compliance conference; grounds; written notice; appearance by letter; date, time, and location of compliance conference; stay pending decision. Rule 13. (1) Appeals associatied associated with Medicaid must comply with federal regulations. An applicant, member, or responsible party may request a compliance conference with the home in the event of any the following: (a) A denial of admission to a state veterans home. (b) A denial of continued care at a state veterans home. (c) A decision to involuntarily transfer or discharge a member. (d) A determination of an amount owed. (e) A determination of "financially sufficient" or "financially insufficient." (e)(f) A determination of asset divestment or restriction. (2) To request a compliance conference, the applicant, member, or responsible party must provide written notice to the home administrator that he or she wishes to contest the denial of admission to a state veterans home, the denial of continued care at a state veterans home, the decision to involuntarily transfer or discharge a member, the determination of an amount owed, the determination of "financially sufficient" or "financially insufficient," or the determination of asset divestment or restriction. Written notice must include all of the following: (a) The date. (b) The name and address of the person providing notice.

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(c) The name of the affected applicant, member, or responsible party. (d) The basis for the objection. (e) All documents that support the objection. (f) Any other pertinent documents that the person providing notice wants the home to consider. (3) A compliance conference will must be conducted at a reasonable time and date, to be determined by the home administrator. The location of a compliance conference will be the home where the member resides or, in the case of applicants not yet admitted to a state veterans home, the home where application was made. The home administrator may accept a letter from the applicant, member, or responsible party, instead of the applicant's, member's, or responsible party's personal appearance at a compliance conference. The applicant, member, or responsible party must notify the home administrator, in writing, that he or she wishes to appear by letter before the start of the scheduled compliance conference. (4) The home shall mail notice Notice of the time, date, and location of compliance conference will be mailed to the applicant, member, or responsible party requesting a compliance conference at least 10 business days before the date of the compliance conference. (5) Requesting a compliance conference under this subrule rule will automatically stay a member's transfer or discharge pending a decision. The automatic stay requirement of this subrule does not apply in any of the following instances: (a) If an emergency transfer or discharge is mandated by the member's health care needs. (b) If the transfer or discharge is mandated by the physical safety of other patients members, visitors, employees, and/or contractors. and/or home employees. (c) If the transfer or discharge is later agreed to by the member or the responsible party. R 32.84 Denial or dismissal of request for compliance conference. Rule 14. (1) The home will shall deny or dismiss the request for a compliance conference if any of the following occur occurs: (a) The request is withdrawn by an applicant, member, or responsible party, in writing, before the date of the compliance conference. (b) The applicant, member, or responsible party abandons the compliance conference. (c) The home has no jurisdiction over the matter. (2) Abandonment occurs if an applicant, member, or responsible party, without good cause, fails to appear at the scheduled compliance conference or fails to submit an appearance by letter. R 32.85 Home's decision; notice of opportunity to appeal the home's decision; date, time, and location of hearing; telephonic attendance; appearance by letter; waiver. Rule 15. (1) Within 10 business days following a compliance conference, the home will must provide the applicant, member, or responsible party written notice of the home's decision. Written notice will must include all of the following: (a) A statement of what the action the home intends to take. (b) The reasons for the intended action. (c) The specific rules supporting the action. (d) A statement that An explanation of the applicant's, member's, or responsible party's has the right to request a hearing before the governing board. (e) The circumstances, if any, under which a member's transfer or discharge will be stayed if a hearing is requested.

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(2) Within 15 business days of service of the written notice of the home's decision, the applicant, member, or responsible party may request, in writing, a hearing before the board to appeal the decision of the home. Written notice must include all of the following: (a) The date. (b) The name and address of the person requesting a hearing. (c) The name of the affected applicant, member, or responsible party. (d) The basis for the appeal. (e) All documents that support the appeal. (f) Any other pertinent documents that the person requesting a hearing wants the governing board to consider. (3) A hearing will be conducted at a reasonable time, date, and location, to be determined by the governing board. The governing board may accept a letter from the applicant, member, or responsible party, instead of the applicant's, member's, or responsible party's personal appearance at a hearing before the governing board. The applicant, member, or responsible party must notify the governing board, in writing, that he or she wishes to appear by letter before the start of the scheduled hearing. (4) The home shall mail notice Notice of the time, date, and location of hearing will be mailed to the applicant, member, or responsible party requesting a hearing at least 10 business days before the date of the hearing. (5) A hearing may be conducted via telephone upon written request by the applicant, member, or responsible party. Written request for a hearing via telephone must accompany the applicant's, member's, or responsible party's written request for a hearing before the governing board in order to be considered. (6) If the applicant, member, or responsible party does not request a hearing before the governing board within 15 business days of service of the notice of opportunity to appeal the home's decision, then the applicant, member, or responsible party is will be deemed to have waived the right to appeal the home's decision to the governing board. R 32.86 Hearing rights of parties. Rule 16. (1) An applicant, member, or responsible party may do any of the following: (a) Examine the contents of his or her case file and all documents and records to be used by the governing board at the hearing at a reasonable time before the date of the hearing, as well as during the hearing. (b) Present a case individually himself or with the aid of legal counsel or an authorized representative (c) Bring witnesses. (d) Establish all pertinent facts and circumstances. (e) Advance any relevant arguments without undue interference. (f) Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses. (2) The home may be represented by legal counsel and other representatives, staff, or former staff members. R 32.87 Denial or dismissal of request for hearing. Rule 17. (1) The home shall will deny or dismiss the request for a hearing under any of the following conditions: (a) The request is withdrawn by an applicant, member, or responsible party, in writing, before the hearing date. (b) The applicant, member, or responsible party abandons the hearing.

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(c) The home has no jurisdiction over the matter. (2) Abandonment occurs if an applicant, member, or responsible party, without good cause therefore, fails to appear at the scheduled hearing or fails to submit an appearance by letter. R 32.88 Decision of governing board Board's decision. Rule 18. (1) After the hearing and an opportunity to consider the evidence presented, the governing board may do any of the following: (a) Affirm the home's decision. (b) Make a finding that the home's decision be overturned. (c) Enter into a written settlement of the matter with the applicant, member, or responsible party. (d) Direct the home to provide the applicant, member, or responsible party with written notice of the opportunity to appeal the governing board’s decision to the circuit court. R 32.89 Judicial review. Rule 19. (1) Decisions of the governing board are appealable to the circuit court as provided by law.

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DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

MICHIGAN VETERANS AFFAIRS AGENCY

VETERANS HOME RULES Rule Set 32.71-32.89


WEDNESDAY, SEPTEMBER 26, 2018

425 Fisher St, Marquette, MI 49855 Board Room, 1:00 PM

The Department of Military and Veterans Affairs will hold a public hearing on Wednesday, September 26, 2018 at the DJ Jacobetti Home for Veterans, 425 Fisher St, Marquette, MI in the Board Room at 1:00 p.m. The hearing will be held to receive public comments on proposed changes to the Veterans Home rules. The proposed rule set (32.71 – 32.89) will amend the current rules to eliminate conflicts between current rules and CMS Medicare/Medicaid rules 42 CFR 483 (Requirements for States and Long Term Care Facilities). Additionally, the proposed rules will rescind obsolete and unnecessary rules. These rules are promulgated by authority conferred on the board of managers by section 8 of 1885 PA 152, MCL 36.8 and Executive Order 1991-7, MCL 36.1. These rules will take effect immediately upon filing with the Secretary of State. The rules are published on the Office of Regulatory Reinvention’s website at www.michigan.gov/orr and in the September 15, 2018, issue of the Michigan Register. Comments must be submitted to the following address by 5:00 P.M. on Thursday, September 27, 2018. Copies of the draft rules may also be obtained by mail or electronic transmission at the following address:

Department of Military and Veterans Affairs Steve Rolston, Michigan Veterans Affairs Agency

222 N. Washington Sq, 5th Floor Lansing, MI 48933

Phone: 517-242-3862 Fax: 517-284-5295

E-mail: [email protected]

The hearing site is accessible, including handicap parking. People with disabilities requiring additional accommodations in order to participate in the hearing (such as information in alternative formats) should contact the Michigan Veterans Affairs Agency at 517-242-3862 at least 10 days prior to the hearing date. Individuals attending the meeting are requested to refrain from using heavily scented personal care products in order to enhance accessibility for everyone. Information at this meeting will be presented by speakers and printed handouts.

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(2018 SESSION) MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * “(2) The office of regulatory reform shall publish a cumulative index for the Michigan register.” The following table cites administrative rules promulgated during the year 2018, and indicates the effect of these rules on the Michigan Administrative Code (1979 ed.).

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(2018 RULE FILINGS)

R Number Action

2018 MR

Issue R Number Action

2018 MR


2018 MR

Issue 18.1 R 6 123.55 R 10 299.4052 * 4 18.2 R 6 123.56 R 10 299.4053 * 4 18.3 R 6 123.61 R 10 299.4054 * 4 18.4 R 6 123.62 R 10 299.4055 * 4 18.5 R 6 123.63 R 10 324.103 * 11

18.11 R 6 123.64 R 10 324.201 * 11 18.21 R 6 123.65 R 10 324.206 * 11 18.31 R 6 205.1001 * 9 324.208 * 11 18.41 R 6 205.1002 * 9 324.212 * 11 18.51 R 6 205.1003 * 9 324.703 * 11 18.61 R 6 205.1004 * 9 324.704 * 11 18.71 R 6 205.1006 R 9 324.801 * 11

18.351 * 5 205.1006a A 9 324.802 * 11 18.354 * 5 205.1006b A 9 324.803 * 11 123.1 R 10 205.1006c A 9 324.804 * 11 123.3 R 10 205.1006d A 9 324.805 * 11 123.4 R 10 205.1007 * 9 324.806 * 11 123.5 R 10 205.1008 * 9 324.807 * 11

123.20 R 10 205.1009 * 9 324.808 * 11 123.21 R 10 205.1010 * 9 324.809 A 11 123.22 R 10 205.1011 * 9 324.810 A 11 123.23 R 10 257.531 * 5 324.811 A 11 123.24 R 10 257.532 * 5 324.812 A 11 123.30 R 10 257.533 * 5 324.813 A 11 123.31 R 10 257.534 * 5 324.814 A 11 123.32 R 10 257.535 * 5 324.815 A 11 123.33 R 10 257.536 * 5 324.816 A 11 123.34 R 10 257.537 * 5 324.1102 * 11 123.35 R 10 257.538 * 5 324.1451 A 9 123.36 R 10 257.539 * 5 324.1452 A 9 123.37 R 10 257.540 * 5 324.1453 A 9 123.38 R 10 281.770.16 R 8 324.1454 A 9 123.40 R 10 299.4001 * 4 324.1455 A 9 123.43 R 10 299.4002 * 4 324.1456 A 9 123.44 R 10 299.4003 * 4 324.1457 A 9 123.51 R 10 299.4004 * 4 325.2491 R 6 123.52 R 10 299.4006 * 4 325.2492 R 6 123.53 R 10 299.4007 * 4 325.2493 R 6 123.54 R 10 299.4051 * 4 325. 2651 * 2

(* Amendment to Rule, A Added Rule, N New Rule, R Rescinded Rule)

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R Number Action

2018 MR


2018 MR


2018 MR

Issue 325.2652 * 2 338.10303 * 5 339.22313 * 10 325.2653 * 2 338.10303a * 5 339.22315 * 10 325.2654 * 2 338.10303b * 5 339.22601 R 10 325.2655 * 2 338.10303c * 5 339.22602 R 10 325.2656 R 2 338.10303d A 5 339.22603 R 10 325.2657 R 2 338.10305 * 5 339.22604 R 10

325.10102 * 11 338.10305a * 5 339.22605 R 10 325.10105 * 11 338.10305b * 5 339.22606 R 10 325.10108 * 11 338.10305c * 5 339.22607 R 10 325.10401a * 11 338.10306 * 5 339.22609 R 10 325.10405 * 11 338.10307 * 5 339.22611 R 10 325.10410 * 11 338.10308 * 5 339.22613 R 10 325.10413 * 11 338.10309 * 5 339.22617 R 10 325.10420 * 11 338.10310 * 5 339.22618 A 10 325.10604f * 11 338.10401 * 5 339.22619 A 10 325.10710a * 11 338.10403 * 5 339.22620 A 10 325.10710b * 11 338.10404c A 5 339.22621 A 10 325.10710d * 11 338.10405c A 5 339.22622 A 10 325.11506 * 11 338.10601 * 5 339.22623 A 10 325.11604 * 11 338.10602 * 5 339.22624 A 10 325.11606 * 11 338.10702 * 5 339.22625 A 10 325.14202 * 3 338.10703 * 5 339.22626 A 10 325.14205 * 3 338.10704 * 5 339.22627 A 10 325.34001 A 3 339.15101 * 9 339.22628 A 10 325.34005 A 3 339.15201 * 9 339.22629 A 10 325.34010 A 3 339.15202 * 9 339.22630 A 10

338.201 A 2 339.15301 * 9 339.22631 R 10 338.202 A 2 339.15501 * 9 339.22632 A 10 338.203 A 2 339.15502 * 9 339.22645 R 10 338.204 A 2 339.15502a A 9 339.23104 A 10

338.7001a * 5 339.15504 * 9 339.23203 * 10 338.10204 * 5 339.15505 R 9 339.23326 * 10 338.10207 * 5 339.15506 * 9 340.241 * 2 338.10208 * 5 339.22101 * 10 340.242 * 2 338.10209 * 5 339.22201 R 10 340.281 * 10 338.10210 * 5 339.22203 * 10 340.282 * 10 338.10212 * 5 339.22217 * 10 340.1707 * 2 338.10213 * 5 339.22219 * 10 340.1719 R 2 338.10301 * 5 339.22221 A 10 340.1723c * 2


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R Number Action

2018 MR


2018 MR


2018 MR

Issue 340.1724d * 2 408.10227 R 2 408.10371 R 2 340.1742 * 2 408.10228 R 2 408.10372 R 2 340.1799c * 2 408.10230 R 2 408.10401 R 2

408.65 * 10 408.10231 R 2 408.10403 R 2 408.82 * 10 408.10232 R 2 408.10404 R 2

408.10001 * 2 408.10233 R 2 408.10406 R 2 408.10002 A 2 408.10235 R 2 408.10407 R 2 408.10003 * 2 408.10236 R 2 408.10408 R 2 408.10004 * 2 408.10237 R 2 408.10421 R 2 408.10005 * 2 408.10239 R 2 408.10422 R 2 408.10011 * 2 408.10240 R 2 408.10427 R 2 408.10012 * 2 408.10241 R 2 408.10428 R 2 408.10013 A 2 408.10301 R 2 408.10431 R 2 408.10015 * 2 408.10305 R 2 408.10432 R 2 408.10016 R 2 408.10306 R 2 408.10433 R 2 408.10017 * 2 408.10307 R 2 408.10441 R 2 408.10021 R 2 408.10308 R 2 408.10442 R 2 408.10022 R 2 408.10310 R 2 408.10443 R 2 408.10026 * 2 408.10311 R 2 408.10445 R 2 408.10031 * 2 408.10321 R 2 408.10446 R 2 408.10034 * 2 408.10323 R 2 408.10447 R 2 408.10036 * 2 408.10324 R 2 408.10451 R 2 408.10098 R 2 408.10325 R 2 408.10452 R 2 408.10201 * 2 408.10326 R 2 408.10454 R 2 408.10202 A 2 408.10328 R 2 408.10456 R 2 408.10203 A 2 408.10331 R 2 408.10501 * 3 408.10204 A 2 408.10333 R 2 408.10502 * 3 408.10205 * 2 408.10335 R 2 408.10503 * 3 408.10206 R 2 408.10341 R 2 408.10504 * 3 408.10207 R 2 408.10342 R 2 408.10505 * 3 408.10208 R 2 408.10345 R 2 408.10506 * 3 408.10211 R 2 408.10351 R 2 408.10507 * 3 408.10213 R 2 408.10352 R 2 408.10508 * 3 408.10215 R 2 408.10353 R 2 408.10509 * 3 408.10217 R 2 408.10354 R 2 408.10511 R 3 408.10219 R 2 408.10355 R 2 408.10512 R 3 408.10220 R 2 408.10357 R 2 408.10513 R 3 408.10221 R 2 408.10361 R 2 408.10518 A 3 408.10223 R 2 408.10365 R 2 408.10521 R 3


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R Number Action

2018 MR


2018 MR


2018 MR

Issue 408.10522 R 3 408.12165 * 3 408.13306 * 3 408.10523 R 3 408.12169 * 3 408.13311 * 3 408.10524 R 3 408.12176 * 3 408.13325 * 3 408.10525 R 3 408.12190 * 3 408.13329 * 3 408.10526 R 3 408.12501 * 3 408.13344 * 3 408.10527 R 3 408.12510 * 3 408.13355 * 3 408.10528 R 3 408.12701 * 3 408.13367 * 3 408.10529 R 3 408.12702 * 3 408.13387 * 3 408.10530 R 3 408.12711 * 3 408.13390 R 3 408.10531 R 3 408.12712 * 3 408.13395a A 3 408.10532 R 3 408.12714 * 3 408.13395b A 3 408.10533 R 3 408.12717 * 3 408.13395c A 3 408.10534 R 3 408.12718 * 3 408.13395d A 3 408.10535 R 3 408.12719 * 3 408.13395e A 3 408.10541 R 3 408.12724 * 3 408.13395f A 3 408.10542 R 3 408.12726 * 3 408.13395g A 3 408.10543 R 3 408.12727 * 3 408.15001 * 3 408.10544 R 3 408.12728 * 3 408.15003 * 3 408.10545 R 3 408.12730 * 3 408.15004 * 3 408.11801 * 3 408.12733 * 3 408.15201 * 3 408.11807 * 3 408.12736 * 3 408.15209 * 3 408.11808 * 3 408.12739 * 3 408.15211 * 3 408.11821 * 3 408.12741 * 3 408.15212a * 3 408.11823 * 3 408.12755 * 3 408.15222 * 3 408.11824 * 3 408.12759 * 3 408.15225 * 3 408.11835 * 3 408.12761 * 3 408.15226 * 3 408.11843 * 3 408.12767 * 3 408.15229 * 3 408.11844 * 3 408.12773 * 3 408.15231 * 3 408.11852 * 3 408.12781 * 3 408.15247 * 3 408.11854 * 3 408.12784 * 3 408.15251 * 3 408.11863 * 3 408.12791 * 3 408.15254 * 3 408.11865 * 3 408.12792 * 3 408.15261 * 3 408.11871 * 3 408.12793 * 3 408.15271 * 3 408.11872 * 3 408.12798 * 3 408.15273 * 3 408.11873 * 3 408.13301 * 3 408.15275 * 3 408.12111 * 3 408.13301a * 3 408.15801 * 7 408.12131 * 3 408.13302 * 3 408.15802 * 7 408.12155 * 3 408.13303 * 3 408.15803 * 7 408.12164 * 3 408.13305 * 3 408.15804 * 7


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R Number Action

2018 MR


2018 MR


2018 MR

Issue 408.15805 * 7 408.16372 * 7 432.21514 * 5 408.15810 * 7 408.16375 * 7 432.21516 * 5 408.15812 A 7 408.16377 * 7 436.1133 R 7 408.15815 * 7 408.16387 * 7 474.101 R 2 408.15817 * 7 408.18601 * 3 474.102 R 2 408.15825 * 7 408.18602 * 3 474.103 R 2 408.15831 * 7 408.18605 * 3 474.104 R 2 408.15832 * 7 408.18610 * 3 474.105 R 2 408.15833 * 7 408.19401 * 7 474.106 R 2 408.15836 * 7 408.19403 * 7 484.1001 A 5 408.15839 * 7 408.19405 * 7 484.1002 A 5 408.15842 * 7 408.19410 A 7 484.1003 A 5 408.16301 * 7 418.10106 * 5 484.1004 A 5 408.16302 * 7 418.10107 * 5 484.1005 A 5 408.16309 * 7 418.10207 * 5 484.1006 A 5 408.16311 * 7 418.10208 * 5 484.1007 A 5 408.16312 * 7 418.10212 * 5 484.1008 A 5 408.16313 * 7 418.10214 * 5 484.1009 A 5 408.16318 A 7 418.10404 * 5 500.1261 R 9 408.16321 * 7 418.10416 * 5 500.1262 R 9 408.16322 * 7 418.10904 * 5 500.1263 R 9 408.16323 * 7 418.10905 * 5 500.1264 R 9 408.16325 * 7 418.10909 * 5 500.1265 R 9 408.16331 * 7 418.10912 * 5 500.1266 R 9 408.16333 * 7 418.10920 * 5 500.1267 R 9 408.16335 * 7 418.10923b * 5 500.1268 R 9 408.16338 * 7 418.10926 A 5 500.1269 R 9 408.16343 * 7 418.101002 * 5 500.1270 R 9 408.16345 * 7 418.101003 * 5 500.1271 R 9 408.16346 * 7 418.101003a * 5 501.351 R 7 408.16347 * 7 418.101008a * 5 501.352 R 7 408.16350 * 7 418.101010 A 5 501.353 R 7 408.16351 * 7 418.101501 * 5 501.354 R 7 408.16353 * 7 418.101503 * 5 550.101 R 7 408.16354 * 7 432.2 * 5 550.102 R 7 408.16356 * 7 432.5 * 5 550.103 R 7 408.16361 * 7 432.6 * 5 550.104 R 7 408.16362 * 7 432.16 * 5 550.105 R 7 408.16364 * 7 432.17 * 5 550.106 R 7


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R Number Action

2018 MR

Issue 550.107 R 7 550.108 R 7 550.111 R 7 550.112 R 7


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CUMULATIVE

INDEX A

ATTORNEY GENERAL, DEPARTMENT OF Opinions Application of Minimum Wage Laws to Agricultural Employees

OAG Opinion No. 7301 (2018-1)

Preemption of local ordinances concerning farming activities OAG Opinion No. 7302 (2018-6)

Constitutional Limits on tax levies for district libraries OAG Opinion No. 7303 (2018-10)

Exemptions for residents and nonresidents from pistol licensing requirements

OAG Opinion No. 7304 (2018-13) Validty of interpretative statement interpreting term “sex” as used in Elliot-Larsen Civil Rights Act

OAG Opinion No. 7305 (2018-13)

E Executive Order No. 1 -2018 (2018-1) No. 2 -2018 (2018-2) No. 3 -2018 (2018-5) No. 4 -2018 (2018-7) No. 5 -2018 (2018-7) No. 6 -2018 (2018-10) No. 7 -2018 (2018-13) No. 8 -2018 (2018-15)

2018 MR 16 – September 15, 2018

70

EDUCATION, DEPARTMENT OF Correction: Teacher and School Administrator Evaluation Tools (2018-9) Fees for Transporting Pupils to or from Nonmandatory and Noncredited Events (2018-2) Financial Accounting Systems for Public Schools (2018-16) Special Education Programs and Services (2018-2) Transportation of Nonpublic Schoolchildren (2018-10) ENVIRONMENTAL QUALITY, DEPARTMENT OF CORRECTIONS Oil and Gas Operations (2018-10) Supplying Water to the Public (2018-12) Oil and Gas Operations (2018-11) Part 2. Air Use Approval (2018-15*) Part 9. Emission Limitation and Prohibitions – Miscellaneous (2018-3*) (2018-15*) Part 16 Declaratory Ruling Requests (2018-14) Part 17 Hearings (2018-14) Part 18. Prevention of Significant Deterioration of Air Quality (20185-15*) Part 19. New Source Review for Major Sources Impacting Nonattainment Areas (2018-15*) Supplying Water to the Public (2018-11)

H HEALTH AND HUMAN SERVICES, DEPARTMENT OF Certificate of Need Nursing Home and Hospital Long Term Care Unit Beds (2017-18) Urinary Extracorporeal Shock Wave Lithotripsy Services (2018-10) Correction: Birth Defect Reporting (2018-1) Community Health Programs (2018-16) Crime Victim Services – General Rules (2018-5) EMS Organization Licensure Rules (2018-5*) Guardianship for Recipients of Mental Health Services (2018-16)

H INSURANCE AND FINANCE, DEPARTMENT OF Certificates - Discretionary Clauses (2018-7) Certificates of No-Fault Self -Insurance (2018-5) Fire Insurance – Withholding (2018-9) Petition Requesting Promulgation, Amendment, Or Rescission Of Rules (2018-7) Procedures for Informal Managerial-level Conferences and Review by Commissioner of Insurance (2018-7)

L

2018 MR 16 – September 15, 2018

71

LICENSING AND REGULATORY AFFAIRS, DEPARTMENT OF CORRECTIONS Board of Real Estate Appraisers (2018-10) EMERGENCY RULE Medical Marihuana Facilities Licensing Act (2018-10) Unarmed Combat Emergency Rules (2018-11) A standing Order for Dispensing Opioid Antagonists (2018-2) Architects - General Rules (2018-9) Audiology - General Rules (2018-10*) Basic Local Exchange Service Customer Migration (2018-14*) Behavior Analysts – General Rules (2018-9*) Board of Chiropractic - General Rules (2018-13*) Board of Massage Therapy – General Rules (2018-9*) Board of Nursing – General Rules (2018-5) Board of Real Estate Appraisers (2018-10) Board of Social Work - General Rules (2018-10*) Code of Conduct (2018-8*) Construction Code – Part 8. Electrical Code Rules (2018-13*) Consumer Standards and Billing Practices for Electric and Gas Residential Service (2018-7*) Homes for the Aged (2018-16) Licensing Qualifications (2018-7) Licensing Substance Use Disorder Programs (2018-3) Medical Marihuana Facilities (2018-16*) Michigan Gas Safety Standards (2018-4*) Occupational Code Renewals (2018-1*) Part 1. General Provisions GI (2018-2) Part 2. Walking Working Surfaces GI (2018-2) Part 3. Fixed Ladders GI (2018-2) Part 4. Portable Ladders GI (2018-2) Part 5. Powered Platforms for Building Maintenance GI (2018-3) Part 18. Overhead and Gantry Cranes GI (2018-3) Part 21. Powered Industrial Trucks GI (2018-3) Part 25. Manlifts GI (2018-3) Part 27. Woodworking Machinery GI (2018-3) Part 33. Personal Protective Equipment GI (2018-3) Part 50. Telecommunications GI (2018-3) Part 52. Sawmills GI (2018-3) Part 58. Aerial Work Platforms (2018-7) Part 63. Pulp, Paper, and Paperboard Mills (2018-7) Part 86. Electric Power Generation, Transmission, and Distribution GI (2018-3) Part 94 Textiles (2018-7) Part 310 Lead in General Industry (2018-13*) Part 340. Beryllium GI (2018-3) Part 603. Lead Exposure in Construction (2018-13*) Pharmacy – Controlled Substances (2018-8*)

2018 MR 16 – September 15, 2018

72

Public Health Code – General Rules (2018-5, 2018-13*) Real Estate Appraisers - General Rules (2018-1*) Real Estate Brokers and Salespersons (2018-10) Residential Builders and Maintenance and Alteration Contractors (2018-9*) Responsibilities of Providers of Basic Local Exchange Service that Cease to Provide the Service (2018-5) Securities (2018-4*) Ski Area Safety (2018-10) State Boundary Commission (2018-10) Survey and Re-monumentation (2018-15*) Technical Standards for Electric Service (2018-6*) Telecommunications Industry (2018-6) Unbundled Network Element and Local Interconnection Services (2018-14*) Underground Storage Tanks (2018-14*) Veterinary Medicine – General Rules (2018-8*) Veterinary Technician Licensure (2018-8*) Workers’ Compensation Health Care Services (2018-14*)

M MILITARY AND VETERAN AFFAIRS, DEPARTMENT OF State Homes for Veterans (2018-13*) (2018-15*) Veterans' Trust Fund board of Trustees (2018-16*)

N

NATURAL RESOURCES, DEPARTMENT OF Correction: Metallic Minerals Leased on State Lands (2018-5) Pure Michigan Trail, Water Trail, and Trail Town Designation (2018-9) EMERGENCY RULE Establishment of Restricted Anchor and Vessel Equipment Zone in the Straits of Mackinac (2018-10) Leasing State-Owned Nonmetallic Mineral Rights (2018-8*) Metallic Minerals Leased on State Lands (2018-4) Pure Michigan Trail, Water Trail, and Trail Town Designation (2018-9) Special Local Watercraft Controls (2018-8) Underground Gas Storage Leases on State Lands (2018-4)

S STATE POLICE, DEPARTMENT OF Test for Breath Alcohol (2018-2)

T

2018 MR 16 – September 15, 2018

73

TECHNOLOGY MANAGEMENT AND BUDGET, DEPARTMENT OF Federal Surplus Property Program (2018-6) Parking on State Property (2018-16) TRANSPORTATION, DEPARTMENT OF Motor Bus Transportation (2018-2) Motor Bus Transportation (2018-8*) TREASURY, DEPARTMENT OF Correction: Charitable Gaming Rules (2018-5) Taxpayers Bill of Rights (2018-9) Charitable Gaming Rules (2018-5) Lottery Rules (2018-5) Taxpayers Bill of Rights (2018-9)

2018 MR 16 – September 15, 2018

74


ENROLLED SENATE AND HOUSE BILLS SIGNED INTO LAW OR VETOED

(2018 SESSION)

Mich. Const. Art. IV, §33 provides: “Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have 14 days measured in hours and minutes from the time of presentation in which to consider it. If he approves, he shall within that time sign and file it with the secretary of state and it shall become law . . . If he does not approve, and the legislature has within that time finally adjourned the session at which the bill was passed, it shall not become law. If he disapproves . . . he shall return it within such 14-day period with his objections, to the house in which it originated.” Mich. Const. Art. IV, §27, further provides: “No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house.” MCL 24.208 states in part: “Sec. 8. (1) The Office of Regulatory Reform shall publish the Michigan register at least once each month. The Michigan register shall contain all of the following:

* * * (b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills signed into law by the governor during the calendar year and the corresponding public act numbers. (c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house bills vetoed by the governor during the calendar year.”

2018 MichiganPublic Acts TableLegislative Service BureauLegal Division, Statutory Compiling and Law Publications Unit124 W. Allegan, Lansing, MI 48909

August 27, 2018

Through Act 336 of 2018

ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved

Filed Date Effective Date SUBJECT

1 0095 Yes No 1/18 1/18/18 Use tax; collections; use tax on the difference; accelerate phase-in. **** Governor Veto of 7/25/17 overriden and approved by 2/3 vote on 1/17/18 **** (Sen. D. Robertson)

2 0094 Yes No 1/18 1/18/18 Sales tax; collections; use tax on the difference; accelerate phase-in. **** Governor Veto of 7/25/17 overriden and approved by 2/3 vote on 1/17/18 **** (Sen. D. Hildenbrand)

3 4533 Yes 1/26 1/26 1/26/18 Natural resources; hunting; nonresident 3-day small game license; establish. (Rep. C. VanderWall)

4 4957 Yes 1/26 1/26 1/26/18 Natural resources; hunting; mentored youth hunting license; allow individual to purchase additional licenses. (Rep. G. Howell)

5 0207 Yes 1/26 1/26 4/26/18 Law enforcement; other; arrest power for state property security officers; modify. (Sen. M. Green)

6 0525 Yes 1/26 1/26 1/26/18 Courts; reorganization; reorganization of courts and number of judgeships; modify. (Sen. R. Jones)

7 0702 Yes 1/26 1/26 1/26/18 Local government; other; educational instruction access act; clarify deed restriction language. (Sen. P. Pavlov)

8 4849 Yes 1/26 1/26 4/26/18 Cemeteries and funerals; other; money held by a county for care and preservation of cemetery lots; require to be presumed abandoned under certain circumstances. (Rep. J. Alexander)

* - I.E. means Legislature voted to give the Act immediate effect.** - Act takes effect on the 91st day after sine die adjournment of the Legislature.

*** - See Act for applicable effective date.+ - Line item veto.

# - Tie bar.Page 1© 2016 by Legislative Council, State of Michigan. All rights reserved

++ - Pocket veto.

ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


9 4940 Yes 1/26 1/26 4/26/18 Agriculture; associations and commissions; dry bean act; modify apportionment of districts and create a member at large. (Rep. E. Canfield)

10 5144 Yes 1/26 1/26 1/26/18 Marihuana; facilities; requirements for the issuance of a state operating license; revise, and provide for other general amendments. (Rep. K. Kesto)

11 4735 Yes 2/6 2/6 5/7/18 Education; dual enrollment; definition of eligible institution for postsecondary dual enrollment; expand. (Rep. A. Miller)

12 4218 Yes 2/6 2/6 5/7/18 Juveniles; juvenile justice services; qualifications for direct care worker of a juvenile court-operated residential care facility; modify. (Rep. E. Leutheuser)

13 4821 Yes 2/6 2/6 5/7/18 # Probate; wills and estates; appointment of the state or county public administrator as personal representative of a decedent's estate in a formal proceeding; require, and modify powers and duties of public administrators acting as personal representatives. (Rep. J. Runestad)

14 4822 Yes 2/6 2/6 5/7/18 # Probate; wills and estates; appointment of the state or county public administrator as personal representative of a decedent's estate in a formal proceeding; require, and modify powers and duties of public administrators acting as personal representatives. (Rep. J. Ellison)

15 4470 Yes 2/6 2/6 5/7/18 # Civil procedure; statute of limitations; appointment of receiver; clarify that appointment does not constitute an action under the "one act" rule, and clarify that statute of limitations under other act does not conflict with the revised judicature act. (Rep. B. Iden)

16 4471 Yes 2/6 2/6 5/7/18 # Civil procedure; remedies; uniform commercial real estate receivership act; enact. (Rep. B. Iden)

17 4644 Yes 2/12 2/13 5/14/18 Traffic control; traffic regulation; annual multiple trip permit for vehicles; allow. (Rep. T. Cole)

18 0409 Yes 2/12 2/13 5/14/18 Natural resources; Great Lakes; use of certain bottomlands for private harbors; provide for. (Sen. T. Casperson)




++ - Pocket veto.

2018 Michigan Public Acts Table

ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


19 0543 Yes 2/14 2/14 5/15/18 Highways; name; portion of I-94 in Kalamazoo County; designate as the "Chief Ed Switalski Memorial Highway". (Sen. M. O'Brien)

20 0316 Yes 2/14 2/14 2/14/18 Natural resources; other; certain regulations on the taking of frogs; repeal. (Sen. D. Booher)

21 0529 Yes 2/14 2/14 5/15/18 # Human services; county services; child care fund act; establish reimbursement procedures for appeal of determination. (Sen. P. MacGregor)

22 0530 Yes 2/14 2/14 5/15/18 # Human services; county services; child care fund act; designate state as first payer and clarify reimbursable expenses. (Sen. P. MacGregor)

23 0574 Yes 2/12 2/14 5/15/18 Education; financing; levy of regional enhancement millage; revise. (Sen. D. Hildenbrand)

24 0634 Yes 2/14 2/14 2/14/18 Health occupations; psychologists; temporary license for individuals seeking a limited license as a psychologist; allow for extensions or renewals under certain circumstances and exempt certain individuals from examination requirement to obtain a limited license as a psychologist. (Sen. W. Schmidt)

25 4787 Yes 2/14 2/14 2/14/18 Natural resources; fishing; ice shanty identification requirements and removal dates; modify. (Rep. C. VanderWall)

26 5284 Yes 2/12 2/14 2/14/18 Property; conveyances; transfer of certain state-owned property in Saginaw County; provide for. (Rep. V. Guerra)

27 4523 Yes 2/20 2/21 5/22/18 Explosives; other; Michigan explosives permitting act; repeal. (Rep. S. Johnson)

28 4524 Yes 2/20 2/21 5/22/18 # Torts; liability; joint and several liability; revise to reflect repeal of explosives act of 1970. (Rep. S. VanSingel)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


29 5137 Yes 2/20 2/21 5/22/18 Crimes; explosives; certain activities with respect to explosive materials; prohibit and provide penalties. (Rep. S. Johnson)

30 5138 Yes 2/20 2/21 5/22/18 # Criminal procedure; sentencing guidelines; certain activities with respect to explosive materials; prohibit, and enact sentencing guidelines. (Rep. S. Johnson)

31 4950 Yes 2/20 2/21 2/21/18 Corporate income tax; insurance companies; tax imposed on gross direct premiums; exclude health maintenance organizations. (Rep. H. Vaupel)

32 5047 Yes 2/20 2/21 2/21/18 # Corporate income tax; insurance companies; definition of insurance company; exclude health maintenance organizations. (Rep. H. Vaupel)

33 4752 Yes 2/20 2/21 2/21/18 Probate; wills and estates; fee ratio and reporting requirement; revise, and remove sunset. (Rep. K. Kesto)

34 4813 Yes 2/20 2/21 5/22/18 Animals; other; training requirements for animal control shelters, animal protection shelters, and class B dealers to obtain a limited permit to buy, possess, and administer certain animal tranquilizers and sodium pentobarbital; revise. (Rep. H. Vaupel)

35 4956 Yes 2/20 2/21 5/22/18 Vehicles; equipment; distance requirement between kingpins and axles on certain trucks; eliminate. (Rep. T. Cole)

36 5200 Yes 2/20 2/21 2/21/18 # Natural resources; other; certain sections in the natural resources and environmental protection act; update and eliminate certain references. (Rep. G. Howell)

37 4411 Yes 2/20 2/21 2/21/18 Liquor; licenses; eligibility of certain local governmental units to receive a scheduled event license; modify population threshold. (Rep. C. VanderWall)

38 0748 Yes 2/28 2/28 2/28/18 Individual income tax; exemptions; treatment of certain deductions and exemptions for state purposes after reduction of federal exemptions to zero; clarify and increase. (Sen. J. Brandenburg)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


39 0750 Yes 2/28 2/28 2/28/18 Individual income tax; city; treatment of exemptions after reduction of federal exemptions to zero; clarify. (Sen. M. Knollenberg)

40 5175 Yes 2/28 2/28 5/29/18 Liquor; licenses; qualifications of an eligible merchant that may fill and sell growlers of beer; revise. (Rep. T. Brann)

41 4472 Yes 2/28 2/28 5/29/18 Health; pharmaceuticals; food and drug administration-designated interchangeable biological drug products; allow pharmacists to dispense under certain circumstances. (Rep. J. Bizon)

42 4665 Yes 2/28 2/28 2/28/18 Education; discipline; enrollment eligibility in strict discipline academy; modify. (Rep. R. VerHeulen)

43 5040 Yes 3/1 3/1 3/1/18 Traffic control; other; driver responsibility fees; eliminate collection of beginning September 30, 2018. (Rep. L. Chatfield)

44 5041 Yes 3/1 3/1 3/1/18 Traffic control; other; educational outreach program for driver responsibility fee amnesty program; create. (Rep. S. Santana)

45 5043 Yes 3/1 3/1 3/1/18 Traffic control; other; driver responsibility fees; eliminate collection of for certain individuals who entered into an installment payment program. (Rep. R. Hauck)

46 5044 Yes 3/1 3/1 3/1/18 Traffic control; other; driver responsibility fees; eliminate assessment beginning October 1, 2018. (Rep. J. Bellino)

47 0613 Yes 3/1 3/1 3/1/18 Traffic control; other; reference in enhanced driver license and enhanced official state personal identification card act to driver responsibility fees; modify. (Sen. R. Jones)

48 5046 Yes 3/1 3/1 3/1/18 Traffic control; other; waiver of driver responsibility fee for successful participation in DWI sobriety court program; provide for on or after October 1, 2018. (Rep. S. Marino)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


49 0625 Yes 3/1 3/1 3/31/18 Traffic control; other; workforce training payment program; create. (Sen. K. Horn)

50 5079 Yes 3/1 3/1 3/31/18 Traffic control; driver license; Traffic control; driver license; driver responsibility fee; amend eligibility for alternative payment programs and reinstatement of driver license, and eliminate driver responsibilitity fee assessments for certain offenses. (Rep. D. Rendon)

51 0400 Yes 3/6 3/6 3/6/18 Communications; emergency 9-1-1; emergency 9-1-1 service enabling act; modify. (Sen. R. Jones)

52 0481 Yes 3/6 3/6 6/4/18 Highways; name; portion of US-10; designate as the "Marine Lance Corporal Ryan Burgess Memorial Highway". (Sen. J. Stamas)

53 4191 Yes 3/6 3/6 6/4/18 Highways; name; portion of I-75; designate as the "Officer Martin 'Marty' Chivas Memorial Highway". (Rep. M. Howrylak)

54 5216 Yes 3/6 3/6 6/4/18 Civil procedure; other; report of prisoner actions dismissed as frivolous; eliminate. (Rep. K. Kesto)

55 5039 Yes 3/6 3/6 3/6/18 Transportation; motor fuel tax; motor fuel tax exemptions; modify. (Rep. J. Wentworth)

56 0616 Yes 3/6 3/6 6/4/18 Children; protection; access to electronic central registry; allow tribal entity or tribal social services representative to have access. (Sen. J. Emmons)

57 0393 Yes 3/13 3/14 1/1/19 Economic development; tax increment financing; tax increment finance authorities into a single act; provide for. (Sen. K. Horn)

58 0419 Yes 3/13 3/14 6/12/18 Juveniles; other; considerations for returning child to custody of parent; modify. (Sen. J. Emmons)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


59 0420 Yes 3/13 3/14 6/12/18 Children; protection; considerations for returning child to custody of parent; modify. (Sen. P. Pavlov)

60 0421 Yes 3/13 3/14 6/12/18 Children; child abuse or child neglect; considerations for returning child to custody of parent; modify. (Sen. R. Jones)

61 0522 Yes 3/13 3/14 6/12/18 Local government; other; compensation for directors of a village or township community center; provide for. (Sen. T. Casperson)

62 0582 Yes 3/13 3/14 6/12/18 Vehicles; registration; issuance of plates, tabs, or placards to persons with disabilities; allow upon determination of a qualifying condition by a physical therapist. (Sen. M. Knollenberg)

63 0645 Yes 3/13 3/14 6/12/18 Transportation; other; state safety oversight entity; create to oversee covered rail fixed guideway public transportation systems. (Sen. T. Casperson)

64 4535 Yes 3/13 3/14 6/12/18 Traffic control; civil infraction procedures; civil infraction for failure to place a tab on a vehicle within 30 days of date of registration; modify. (Rep. C. VanderWall)

65 4536 Yes 3/13 3/14 6/12/18 # Criminal procedure; expunction; expunction of all information in arrest record when individual is wrongly accused under certain circumstances; require. (Rep. P. Lucido)

66 4537 Yes 3/13 3/14 6/12/18 # Law enforcement; law enforcement information network (LEIN); promulgation of rules to effectuate expunction and destruction of all arrest record information from LEIN and other databases by C.J.I.S. under certain circumstances; require. (Rep. P. Lucido)

67 4538 Yes 3/13 3/14 6/12/18 # Criminal procedure; pretrial procedure; expunction and destruction of biometric data; eliminate certain exceptions. (Rep. P. Lucido)

68 4973 Yes 3/19 3/19 6/17/18 Civil rights; public records; public body records, documents, or information disclosable under freedom of information act; exempt critical energy infrastructure and cybersecurity-related information. (Rep. B. Iden)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


69 0596 Yes 3/19 3/19 6/17/18 Recreation; trails; trail development and management; provide for. (Sen. G. Hansen)

70 4168 Yes 3/19 3/19 6/17/18 Highways; name; portion of M-71; designate as "PFC Shane Cantu Veterans Memorial Highway". (Rep. B. Frederick)

71 4430 Yes 3/19 3/19 6/17/18 Civil rights; privacy; state assistance of federal government data collection; restrict. (Rep. M. Howrylak)

72 4545 Yes 3/19 3/19 7/1/18 Employment security; other; data sharing; allow for certain purposes and facilitate access. (Rep. J. Ellison)

73 4546 Yes 3/19 3/19 7/1/18 # Employment security; reports; liability for misuse of shared data; extend to individuals associated with Michigan works agencies and certain educational institutions. (Rep. G. Howell)

74 4839 Yes 3/19 3/19 6/17/18 Vehicles; registration; authority to deny or suspend vehicle registrations of carriers under certain circumstances; provide for. (Rep. C. VanderWall)

75 4888 Yes 3/19 3/19 3/19/18 Traffic control; traffic regulation; definition of "charitable or civic organization" in section 676b of the Michigan vehicle code; modify. (Rep. D. Lauwers)

76 5094 Yes 3/19 3/19 6/17/18 Consumer credit; credit reports and reporting agencies; free security freeze for consumers; provide for. (Rep. J. Bellino)

77 5112 Yes 3/19 3/19 6/17/18 Highways; name; portion of Red Arrow Highway in Berrien County; designate as the "Trooper Robert J. Mihalik Memorial Highway". (Rep. K. LaSata)

78 5155 Yes 3/19 3/19 6/17/18 Natural resources; rivers and streams; adopt-a-river program; limit to state parks and recreation areas. (Rep. K. LaSata)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


79 5156 Yes 3/19 3/19 6/17/18 Natural resources; shorelands; adopt-a-shoreline program; limit to state parks and recreation areas. (Rep. K. LaSata)

80 5198 Yes 3/19 3/19 6/17/18 Natural resources; forests; agreements with other states and the federal government to provide assistance; allow for all hazard incidents. (Rep. S. Allor)

81 5236 Yes 3/19 3/19 6/17/18 Occupations; accounting; certified public accountants; continuing education requirements; modify, and make other general revisions. (Rep. B. Iden)

82 4321 Yes 3/20 3/20 3/20/18 Appropriations; zero budget; supplemental appropriations; provide for fiscal year 2017-2018. (Rep. L. Cox)

83 5120 Yes 3/26 3/26 6/24/18 Highways; name; portion of M-15 in the city of Vassar; designate as the "Specialist 5 Michael May and Corporal Chris Esckelson Memorial Highway". (Rep. E. Canfield)

84 0353 Yes 3/26 3/26 6/24/18 Labor; benefits; mandatory job interview information requirements; prohibit local units of government from establishing for employers. (Sen. J. Proos)

85 0442 Yes 3/26 3/26 6/24/18 Businesses; business corporations; general revisions to business corporation act; provide for. (Sen. M. Kowall)

86 0590 Yes 3/26 3/26 6/24/18 Townships; charter; computation of net indebtedness; modify to include eligible reimbursements under the local community stabilization authority act. (Sen. J. Stamas)

87 0591 Yes 3/26 3/26 6/24/18 Villages; general law; computation of net indebtedness; modify to include eligible reimbursements under the local community stabilization authority act. (Sen. J. Stamas)

88 0592 Yes 3/26 3/26 6/24/18 Villages; home rule; computation of net indebtedness; modify to include eligible reimbursements under the local community stabilization authority act. (Sen. M. Shirkey)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


89 0593 Yes 3/26 3/26 6/24/18 Cities; home rule; computation of net indebtedness; modify to include eligible reimbursements under the local community stabilization authority act. (Sen. M. Shirkey)

90 0589 Yes 3/26 3/26 6/24/18 Vehicles; other; operation of electric patrol vehicles on sidewalks; permit under certain circumstances and modify certain equipment requirements. (Sen. P. MacGregor)

91 0638 Yes 3/26 3/26 6/24/18 Insurance; reinsurance; eligibility credit for reinsurance; modify. (Sen. M. O'Brien)

92 4811 Yes 3/26 3/26 3/26/18 # Agriculture; other; certain food processing standards; modify compliance with federal regulations, and modify certain licensing requirements and fees. (Rep. R. Victory)

93 4812 Yes 3/26 3/26 3/26/18 # Agriculture; other; certain feed standards; modify compliance with federal regulations. (Rep. R. Victory)

94 5227 Yes 3/26 3/26 6/24/18 Agriculture; regulation; seed potato standards for distributing, growing, and planting; require to comply with the national harmonization program. (Rep. R. Victory)

95 5257 Yes 4/2 4/2 7/1/18 Crimes; computer; penalties for possession and use of ransomware without authorization; provide for. (Rep. B. Iden)

96 5258 Yes 4/2 4/2 7/1/18 # Criminal procedure; sentencing guidelines; sentencing guidelines for possession with intent to use ransomware without authorization; enact. (Rep. J. Lower)

97 5097 Yes 4/2 4/2 7/1/18 Counties; boards and commissions; permit fee required for a government entity or telecommunication provider working within a county right-of-way; clarify limits, and clarify bonding and insurance requirements for telecommunication providers working within a county right-of-way. (Rep. B. Griffin)

98 5220 Yes 4/2 4/2 4/2/18 Weapons; other; purchase and possession of certain self-defense spray concentration; allow under certain circumstances. (Rep. M. Hoitenga)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


99 5282 Yes 4/2 4/2 7/1/18 Crimes; intoxication or impairment; hearing procedure for issuing a restricted license requiring the installation of ignition interlock device; modify. (Rep. P. Lucido)

100 5456 Yes 4/2 4/2 4/2/18 Civil procedure; civil actions; asbestos bankruptcy trust claims transparency act; enact. (Rep. J. Wentworth)

101 5678 Yes 4/2 4/2 4/2/18 Health occupations; health professionals; bona fide prescriber-patient relationship before prescribing or dispensing a controlled substance; modify beginning date. (Rep. B. Kahle)

102 4633 Yes 4/2 4/5 7/4/18 Law enforcement; reports; uniform crime reporting system; include the national missing and unidentified persons system (NamUs) for reports of missing individuals. (Rep. T. Brann)

103 0623 Yes 4/5 4/5 4/5/18 Individual income tax; deductions; extension or renewal of certain qualified renaissance zones; allow. (Sen. K. Horn)

104 0662 Yes 4/2 4/5 7/4/18 Liquor; licenses; eligibility for club liquor license; extend to certain additional members. (Sen. R. Jones)

105 0712 Yes 4/5 4/5 4/5/18 Civil rights; public records; maintenance, custody, and procedure for disclosing certain public records; modify. (Sen. J. Stamas)

106 0727 Yes 4/5 4/5 4/5/18 Education; teachers; interim teaching certificate; modify certain criteria. (Sen. P. Pavlov)

107 0801 Yes 4/5 4/5 7/4/18 Controlled substances; schedules; tianeptine sodium; include as a schedule 2 drug. (Sen. R. Jones)

108 4922 Yes 4/2 4/5 7/4/18 Vehicles; inspection; records of collection and disposition of inspection fees; allow for review by local government. (Rep. J. Yaroch)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


109 0521 Yes 4/24 4/24 7/23/18 Traffic control; traffic regulation; procedure for intersection traffic flow due to power failure; clarify. (Sen. R. Jones)

110 5190 Yes 4/24 4/24 4/24/18 Liquor; licenses; issuance of a national sporting event license; expand to include Professional Golf Association Tour Champions Tournament for 2018-2020. (Rep. T. Sneller)

111 4562 Yes 4/25 4/25 4/25/18 # Agriculture; other; agricultural disaster loan origination program act; recodify and update reference to sales tax exemption. (Rep. C. VanderWall)

112 4563 Yes 4/25 4/25 4/25/18 # State financing and management; funds; reference to sales tax exemption for certain agriculture equipment; revise. (Rep. D. Rendon)

113 4561 Yes 4/25 4/25 4/25/18 Sales tax; exemptions; exemption for certain agricultural equipment; clarify. (Rep. D. Lauwers)

114 4564 Yes 4/25 4/25 4/25/18 Use tax; exemptions; exemption for certain agricultural equipment; clarify. (Rep. T. Barrett)

115 5394 Yes 4/25 4/26 7/25/18 Highways; name; portion of Business Route 127; designate as the "SPC Robert Friese Memorial Highway". (Rep. J. Wentworth)

116 5001 Yes 4/25 4/26 7/25/18 # Occupations; foresters; registration of foresters; provide for purposes of preparing management plan for tax-exempt qualified forest property. (Rep. D. Rendon)

117 5002 Yes 4/25 4/26 7/25/18 # Property tax; exemptions; qualified forest property; revise forester registration program citation. (Rep. D. Rendon)

118 5091 Yes 4/25 4/26 4/26/18 Individual income tax; reporting; employer reporting deadline; modify to comply with federal deadline. (Rep. B. Kahle)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


119 5438 Yes 4/25 4/26 7/25/18 Crimes; human trafficking; definition of coercion; expand to include controlling or facilitating access to controlled substances. (Rep. L. Cox)

120 0809 Yes 5/2 5/3 12/31/18 Elections; other; Michigan election law; repeal and remove certain obsolete provisions, and make other miscellaneous changes. (Sen. D. Robertson)

121 0810 Yes 5/2 5/3 12/31/18 # Courts; district court; reference in the revised judicature act of 1961 to the Michigan election law; update. (Sen. D. Robertson)

122 0811 Yes 5/2 5/3 12/31/18 # Elections; school; reference in the revised school code to the Michigan election law; update. (Sen. D. Robertson)

123 0812 Yes 5/2 5/3 12/31/18 Elections; voting equipment; certain obsolete provisions; remove, and modify voting machine references to electronic voting system. (Sen. D. Robertson)

124 0813 Yes 5/2 5/3 12/31/18 # Criminal procedure; sentencing guidelines; sentencing guidelines for certain Michigan election law violations; provide for. (Sen. D. Robertson)

125 0814 Yes 5/2 5/3 12/31/18 Elections; registration; certain obsolete provisions in the Michigan election law related to voter registration; remove, and amend other provisions related to voter registration. (Sen. D. Robertson)

126 5646 Yes 5/2 5/3 5/3/18 Elections; qualified voter file; maintenance of the statewide qualified voter file; require the secretary of state to check against the United States Social Security Administration's death master file and require the secretary of state to participate in multistate voter registration verification programs. (Rep. J. Calley)

127 5644 Yes 5/2 5/3 5/3/18 Elections; absent voters; procedure to "spoil" an absent voter ballot; provide for, and require use of paper ballots for tabulation. (Rep. T. Barrett)

128 5012 Yes 5/2 5/3 8/1/18 Elections; recounts; aggrieved candidate for purposes of recount; clarify. (Rep. J. Lilly)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


129 5669 Yes 5/2 5/3 5/3/18 Elections; voting procedures; identification for election purposes; define. (Rep. A. Miller)

130 0290 Yes 5/2 5/3 8/1/18 Elections; recounts; recount fee; increase for certain recounts. (Sen. D. Robertson)

131 0841 Yes 5/2 5/3 8/1/18 Businesses; partnerships; liability for obligations of limited liability partnerships; clarify. (Sen. J. Brandenburg)

132 5261 Yes 5/2 5/3 5/3/18 Property tax; exemptions; filings for certain personal property exemptions; modify dates. (Rep. J. Tedder)

133 4905 Yes 5/2 5/3 5/3/18 Property tax; principal residence exemption; principal residence exemption for individual residing in nursing home or assisted living facility; modify. (Rep. P. Lucido)

134 0618 Yes 5/9 5/10 8/8/18 Highways; name; portion of M-59 in Livingston County; designate as the "Candice Dunn Memorial Highway". (Sen. D. Hildenbrand)

135 5238 Yes 5/9 5/10 5/10/18 School aid; other; operational improvements for school districts; clarify terms. (Rep. B. Griffin)

136 5463 Yes 5/9 5/10 8/8/18 # Health; hazardous products; sale or delivery of nitrous oxide to individuals under the age of 18; prohibit, and provide remedies. (Rep. S. Chang)

137 5464 Yes 5/9 5/10 8/8/18 # Civil procedure; remedies; prosecuting attorney or attorney general to bring action for certain violations regarding the sale of nitrous oxide to minors; provide for. (Rep. J. Bellino)

138 4628 Yes 5/9 5/10 8/8/18 Highways; name; portion of M-66 between M-55 in Lake City and M-72 in Kalkaska; designate as the "Veterans Highway". (Rep. D. Rendon)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


139 4945 Yes 5/9 5/10 8/8/18 Traffic control; traffic regulation; prohibition on operation of golf cart on state trunk line highway; eliminate under certain circumstances. (Rep. A. Miller)

140 5215 Yes 5/9 5/10 8/8/18 Crimes; escape; provision related to assisting an inmate to escape from the Adrian girls training school; repeal. (Rep. B. Kahle)

141 4422 Yes 5/9 5/10 5/10/18 Retirement; public school employees; allowing a retirant to be employed at a reporting unit as school renewal coach or high impact leadership facilitator under certain conditions without forfeiting retirement allowance or health care coverage; provide for. (Rep. H. Hughes)

142 4768 Yes 5/9 5/10 8/8/18 Juveniles; criminal procedure; setting aside juvenile adjudication for completion of the Michigan youth challeNGe academy; provide for. (Rep. J. Bizon)

143 4410 Yes 5/9 5/10 8/8/18 Probate; wills and estates; exempt property; allow decedent to exclude child by written instrument. (Rep. P. Lucido)

144 5530 Yes 5/9 5/10 8/8/18 Crimes; criminal sexual conduct; individual convicted of or juvenile adjudicated for criminal sexual conduct; prohibit from returning to the same school building as victim. (Rep. L. Theis)

145 5531 Yes 5/9 5/10 8/8/18 Education; discipline; provision related to suspension or expulsion of a student; modify. (Rep. L. Theis)

146 5532 Yes 5/9 5/10 8/8/18 Civil procedure; personal protection orders; criminal sexual conduct; prohibit abuser from attending same school as minor victim. (Rep. S. Santana)

147 5100 Yes 5/15 5/16 8/14/18 Traffic control; violations; definition of obstructed license plate; clarify. (Rep. H. Hughes)

148 5010 Yes 5/15 5/16 8/14/18 Criminal procedure; statute of limitations; crime of armed robbery; include. (Rep. D. Farrington)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


149 5234 Yes 5/15 5/16 8/14/18 Corrections; jails; medical probation based on physical or mental incapacity and compassionate release based on imminent death; allow. (Rep. M. Howrylak)

150 5259 Yes 5/15 5/16 8/14/18 Transportation; other; taxi service, limousine, and transportation network company vehicle signage regulations; revise. (Rep. B. Iden)

151 0297 Yes 5/15 5/16 8/14/18 Occupations; individual licensing and regulation; presentation of identification to certain government officials; require, and revise scope of practice for electricians. (Sen. K. Horn)

152 0815 Yes 5/15 5/16 8/14/18 Vehicles; registration; registration fee reduction for vans modified with a wheelchair lift mechanism; modify. (Sen. K. Horn)

153 5407 Yes 5/23 5/23 5/23/18 Crime victims; statements; presence of defendant during presentation of victim oral impact statements; require. (Rep. H. Hughes)

154 4667 Yes 5/23 5/23 10/1/18 # Liquor; economic development; grape and wine industry council; change name to Michigan craft beverage council and revise powers and duties of members. (Rep. B. Iden)

155 0440 Yes 5/23 5/23 10/1/18 # Liquor; other; reference to grape and wine council; revise to reflect change in name to the Michigan craft beverage council and to create a fund for it to carry out its responsibilities. (Sen. G. Hansen)

156 5782 Yes 5/23 5/23 5/23/18 Highways; name; portion of US-23; designate as the "Major Andrew Becker Memorial Highway". (Rep. K. Crawford)

157 5591 Yes 5/23 5/23 8/21/18 Occupations; appraisers; time period for filing a complaint against a licensee for certain violations; modify. (Rep. B. Iden)

158 0803 Yes 5/23 5/23 5/23/18 Liquor; licenses; alcohol sales in state-owned buildings; allow under certain circumstances. (Sen. D. Hildenbrand)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


159 0804 Yes 5/23 5/23 8/21/18 Property; state buildings; concession operations by blind persons; modify exceptions. (Sen. D. Hildenbrand)

160 0568 Yes 5/23 5/23 5/23/18 Vehicles; motorcycles; height restriction on motorcycle and moped handlebars; modify. (Sen. R. Jones)

161 0647 Yes 5/23 5/23 5/23/18 Individual income tax; home heating credit; funding for weatherization; extend sunset and require report. (Sen. D. Zorn)

162 0839 Yes 5/23 5/23 8/21/18 Natural resources; mining; amendments to a mining permit; allow signigficant changes after a public meeting and allow certain changes by written notification to department of environmental quality. (Sen. T. Casperson)

163 0840 Yes 5/23 5/23 8/21/18 Environmental protection; water pollution; certain waste collection or treatment facilities; exempt from certain permit requirements. (Sen. T. Casperson)

164 0881 Yes 5/23 5/23 8/21/18 Environmental protection; water pollution; exemptions for tailings disposal facilities; modify. (Sen. T. Casperson)

165 0883 Yes 6/3 6/4 6/4/18 Appropriations; supplemental; Michigan natural resources trust fund; provide appropriations for fiscal year 2017-2018. (Sen. D. Booher)

166 0551 Yes 6/3 6/4 6/4/18 Natural resources; other; natural resources trust fund process for determining amounts available for expenditure; provide for. (Sen. D. Hildenbrand)

167 5620 Yes 6/3 6/4 1/1/19 Sales tax; exemptions; exemption claim process after sale at retail; modify. (Rep. P. Hornberger)

168 5621 Yes 6/3 6/4 1/1/19 Use tax; exemptions; exemption claim process after sale; modify. (Rep. S. Allor)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


169 5093 Yes 6/3 6/4 6/4/18 Retirement; public school employees; matching contributions for certain employees hired before July 1, 2010; provide for. (Rep. B. LaFave)

170 5235 Yes 6/3 6/4 9/2/18 Labor; hours and wages; technical amendments to payment of monthly payday wages; provide for. (Rep. S. Marino)

171 Yes 6/6 6/6/18 Initiated Law; prevailing wage; requirement; repeal.

172 4643 Yes 6/11 6/11 6/11/18 Taxation; state real estate transfer; exemptions of real estate transfer tax for certain principal residences that have lost value; expand to include certain certificate of occupancy dates. (Rep. D. Maturen)

173 0992 Yes 6/11 6/11 6/11/18 # Insurance; health insurers; health insurance claims assessment act; sunset and repeal under certain conditions. (Sen. K. Horn)

174 0993 Yes 6/11 6/11 6/11/18 # Use tax; collections; trigger for assessment on certain medical services; eliminate. (Sen. P. MacGregor)

175 0994 Yes 6/11 6/11 6/11/18 Insurance; health insurers; insurance provider assessment act; create. (Sen. M. Shirkey)

176 5686 Yes 6/11 6/11 9/9/18 State; identification cards; issuance of a state identification card for a term that exceeds an applicant's legal presence; prohibit. (Rep. P. Hornberger)

177 5687 Yes 6/11 6/11 9/9/18 Traffic control; driver license; issuance of driver license for a term that exceeds an applicant's legal presence; prohibit, and require visual marking on driver license. (Rep. B. Griffin)

178 5768 Yes 6/11 6/11 6/11/18 Liquor; distribution; requirements related to the sale, delivery, or importation of beer, wine, and mixed spirit drink in this state; modify process. (Rep. B. Iden)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


179 4574 Yes 6/11 6/11 9/9/18 Traffic control; parking; information to be displayed on handicap permit placard; revise. (Rep. D. Rendon)

180 5767 Yes 6/11 6/11 6/11/18 Liquor; licenses; general provisions related to a special licensee; modify. (Rep. R. Hauck)

181 5355 Yes 6/11 6/11 6/11/18 Retirement; public school employees; use of a level dollar method for paying off unfunded actuarial accrued liability; implement method beginning on certain date. (Rep. T. Albert)

182 0871 Yes 6/12 6/12 10/10/18 Criminal procedure; statute of limitations; statute of limitations for certain criminal sexual conduct violations; modify. (Sen. M. O'Brien)

183 0872 Yes 6/12 6/12 6/12/18 Civil procedure; statute of limitations; statute of limitations for criminal sexual conduct violations; extend retroactively, and add grace period for minor victims of criminal sexual conduct. (Sen. D. Knezek)

184 4106 Yes 6/12 6/13 9/11/18 # Education; curriculum; granting academic credit for internship; require under certain circumstances. (Rep. B. LaFave)

185 5676 Yes 6/12 6/13 9/11/18 # School aid; membership; definition of membership; expand to include pupils engaging in internships and work experiences. (Rep. B. Iden)

186 5726 Yes 6/12 6/13 9/11/18 # Trade; business practices; pyramid promotional schemes; prohibit. (Rep. E. Leutheuser)

187 5727 Yes 6/12 6/13 9/11/18 # Businesses; franchises; prohibition against pyramid schemes; revise in franchise investment law. (Rep. P. Hornberger)

188 5728 Yes 6/12 6/13 9/11/18 # Criminal procedure; sentencing guidelines; sentencing guidelines for crime of engaging in pyramid promotion schemes; provide for. (Rep. J. Noble)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


189 5729 Yes 6/12 6/13 9/11/18 # Consumer protection; unfair trade practices; application of consumer protection act to pyramid schemes; clarify. (Rep. B. Iden)

190 1012 Yes 6/19 6/20 6/20/18 Elections; voting procedures; ballot secrecy sleeves; modify, and modify time to notify an officer whose recall is sought of the recall petition. (Sen. D. Robertson)

191 0731 Yes 6/19 6/20 9/18/18 Property; recording; requirement that an instrument be filed; change to recorded. (Sen. D. Zorn)

192 0732 Yes 6/19 6/20 9/18/18 Property; recording; recording waiver of mortgage priority; clarify recording fee. (Sen. D. Zorn)

193 0733 Yes 6/19 6/20 9/18/18 Land use; other; certified survey map requirements; modify. (Sen. D. Zorn)

194 0734 Yes 6/19 6/20 9/18/18 Property; recording; conveyance under a trust; require trust to be recorded separately. (Sen. I. Conyers)

195 0735 Yes 6/19 6/20 9/18/18 Property; recording; death certificate for joint tenant; require to be recorded separately from deed. (Sen. D. Knezek)

196 0736 Yes 6/19 6/20 9/18/18 Property; recording; recording requirements; remove exception for wills. (Sen. C. Hertel)

197 0737 Yes 6/19 6/20 9/18/18 Property; recording; recording with register of deeds; require an English translation document to be included. (Sen. C. Hertel)

198 0738 Yes 6/19 6/20 9/18/18 Property; recording; certificates of correction; provide for recording fee. (Sen. J. Proos)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


199 0739 Yes 6/19 6/20 6/20/18 Property; condemnation; prima facie evidence of ownership in fourth class cities; repeal. (Sen. J. Proos)

200 0740 Yes 6/19 6/20 6/20/18 Property; condemnation; prima facie evidence of ownership in county department and board of public works; repeal. (Sen. J. Proos)

201 0887 Yes 6/19 6/20 6/20/18 Use tax; exemptions; certain tangible personal property acquired by a contractor; exempt. (Sen. J. Brandenburg)

202 4614 Yes 6/19 6/20 6/20/18 Education; teachers; option to renew lapsed provisional education certificate; repeal. (Rep. A. Miller)

203 5283 Yes 6/19 6/20 6/20/18 Economic development; brownfield redevelopment authority; definition of demolition within the brownfield redevelopment financing act; modify. (Rep. B. Frederick)

204 5391 Yes 6/19 6/20 9/18/18 Vehicles; other; electric skateboard; define and regulate. (Rep. C. VanderWall)

205 5430 Yes 6/19 6/20 6/20/18 Insurance; insurers; electronic delivery of insurance documents; allow under certain conditions. (Rep. L. Theis)

206 5662 Yes 6/19 6/20 9/18/18 Vehicles; off-road; helmet and protective eyewear requirement while operating an off-road vehicle for towing a fishing shanty; eliminate. (Rep. C. VanderWall)

207 0848 Yes 6/21 6/21 6/21/18 Appropriations; omnibus; appropriations for fiscal year 2018-2019; provide for. (Sen. D. Hildenbrand)

208 0897 Yes 6/22 6/22 9/20/18 Human services; medical services; recipient work engagement requirements for Healthy Michigan coverage; provide for and update waiver provisions for Healthy Michigan. (Sen. M. Shirkey)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


209 5638 Yes 6/21 6/22 6/22/18 Water; conservation; adverse resource impact from water withdrawal; revise process for determining. (Rep. A. Miller)

210 5536 Yes 6/25 6/26 9/24/18 Veterans; other; county veteran service fund; create, and provide for funding and expenditures. (Rep. J. Wentworth)

211 4918 Yes 6/25 6/26 9/24/18 Consumer protection; unfair trade practices; veterans; prohibit pension poaching. (Rep. S. Allor)

212 0330 Yes 6/25 6/26 9/24/18 Traffic control; violations; crime of operation of vehicle causing death while holding a suspended or revoked license or registration; expand to include individuals whose licenses or registrations were suspended or revoked by other states. (Sen. M. O'Brien)

213 0672 Yes 6/25 6/26 9/24/18 Transportation; carriers; motor carrier safety act; remove exemption for certain motor buses. (Sen. P. Pavlov)

214 5985 Yes 6/25 6/26 12/23/18 Criminal procedure; indigent defense; Michigan indigent defense commission; modify. (Rep. R. VerHeulen)

215 0622 Yes 6/25 6/26 6/26/18 Highways; name; portion of US-23; designate as the "Peter A. Pettalia Memorial Highway". (Sen. J. Stamas)

216 4828 Yes 6/25 6/26 9/24/18 Highways; name; portion of I-696; designate as the "Trooper Vicki Moreau DeVries Memorial Highway". (Rep. C. Greig)

217 5664 Yes 6/25 6/26 9/24/18 Highways; name; portion of I-96; designate as the "Officer Mason Samborski Memorial Highway". (Rep. R. Wittenberg)

218 5673 Yes 6/25 6/26 9/24/18 Highways; name; portion of US-23; designate as the "Trooper Larry Forreider Memorial Highway". (Rep. S. Allor)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


219 0459 Yes 6/25 6/26 9/24/18 Highways; name; portion of M-52; designate as the "Trooper Calvin R. Jones Memorial Highway". (Sen. D. Zorn)

220 5934 Yes 6/25 6/26 9/24/18 Human services; medical services; rural hospital access pool; provide for. (Rep. E. Canfield)

221 5901 Yes 6/25 6/26 9/24/18 Crime victims; other; allocation for statewide trauma system; modify limitation. (Rep. M. Whiteford)

222 1016 Yes 6/25 6/26 6/26/18 Corporate income tax; insurance companies; rate; reduce for certain gross premiums. (Sen. J. Stamas)

223 5052 Yes 6/25 6/26 Pending # Elections; other; filling vacancy in office of county auditor; clarify under certain circumstances. (Rep. J. Jones)

224 5072 Yes 6/25 6/26 Pending # Elections; other; reference to elected office of county auditor in the election law; remove. (Rep. M. Webber)

225 5114 Yes 6/25 6/26 Pending # Elections; candidates; reference to elected office of county auditor in the election law; remove. (Rep. J. Calley)

226 5131 Yes 6/25 6/26 Pending # Elections; candidates; reference to elected office of county auditor in the election law; remove. (Rep. R. Kosowski)

227 0941 Yes 6/26 6/27 6/27/18 Appropriations; school aid; Marshall plan for talent; enact. (Sen. D. Hildenbrand)

228 0942 Yes 6/26 6/27 6/27/18 State financing and management; authorities; talent investment fund in the higher education loan authority act; implement. (Sen. G. Hansen)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


229 5139 Yes 6/26 6/27 9/25/18 Education; curriculum; instruction on a career exploration and job readiness; require. (Rep. D. Rendon)

230 0684 Yes 6/26 6/27 12/24/18 Education; school districts; educational development plans; modify requirements. (Sen. K. Horn)

231 0685 Yes 6/26 6/27 12/24/18 # Education; school districts; school improvement plans; modify requirements. (Sen. P. MacGregor)

232 0175 Yes 6/26 6/27 6/27/18 Education; graduation requirements; certain requirements for high school diploma; modify. (Sen. J. Stamas)

233 0889 Yes 6/26 6/27 9/25/18 Education; teachers; requirements for teacher certification; eliminate the basic skills exam. (Sen. M. Knollenberg)

234 5145 Yes 6/26 6/27 9/25/18 Education; employees; time invested with local employers and technology centers; include toward continuing education and professional development for teachers and administrators. (Rep. J. Alexander)

235 5141 Yes 6/26 6/27 9/25/18 # Education; teachers; option to hire noncertificated teachers for career and technical programs; provide for. (Rep. B. Kahle)

236 4069 Yes 6/26 6/27 9/25/18 Education; teachers; college credit requirements for individual to serve as substitute teacher; revise. (Rep. J. Tedder)

237 1000 Yes 6/27 6/27 9/25/18 Natural resources; other; certain reporting requirements; repeal. (Sen. J. Stamas)

238 0302 Yes 6/27 6/27 9/25/18 # Natural resources; land acquisition; fees, notice, and appraisals for DNR land transactions; modify and provide for notice of land management orders. (Sen. T. Casperson)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


239 0303 Yes 6/27 6/27 9/25/18 # Natural resources; funding; land exchange facilitation fund; authorize to be used for natural resources management costs. (Sen. D. Booher)

240 4475 Yes 6/27 6/27 9/25/18 # Natural resources; land acquisition; cap on acreage in northern Michigan; remove, approve strategic plan, and restrict certain land acquisitions if FILT payments not made or state or federal land constitutes 40% or more of land in county. (Rep. G. Howell)

241 0344 Yes 6/27 6/28 9/26/18 Education; curriculum; endorsement in science, technology, engineering, and math (STEM); provide for eligibility requirements. (Sen. J. Proos)

242 0343 Yes 6/27 6/28 9/26/18 Education; students; provision to students of certain information concerning career outlook; provide for. (Sen. J. Proos)

243 5379 Yes 6/27 6/28 9/26/18 Education; safety; possession and application of sunscreen at school; allow. (Rep. K. Hertel)

244 0988 Yes 6/27 6/28 9/26/18 Human services; county services; sunset on certain administrative rate changes to foster care services; eliminate. (Sen. P. MacGregor)

245 1015 Yes 6/27 6/28 6/28/18 Health facilities; quality assurance assessments; state retention amount from funds generated through hospital assessments; revise. (Sen. D. Hildenbrand)

246 5805 Yes 6/27 6/28 9/26/18 Health; pharmaceuticals; generically equivalent drug products and Food and Drug Administration-designated interchangeable biological drug products; require pharmacist to charge certain amount to certain purchasers. (Rep. J. Bizon)

247 5086 Yes 6/27 6/28 6/28/18 Property tax; personal property; distribution of local community stabilization act share revenues; modify. (Rep. D. Maturen)

248 5908 Yes 6/27 6/28 6/28/18 Property tax; personal property; distribution of local community stabilization act share revenues; modify. (Rep. R. VerHeulen)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


249 4115 Yes 6/27 6/28 9/26/18 Sales tax; exemptions; sales at retail for fund-raising activities by nonprofit organizations; increase exempt amount. (Rep. E. Leutheuser)

250 5435 Yes 6/27 6/28 6/28/18 Economic development; other; revocation of certain commercial rehabilitation certificates; modify. (Rep. E. Leutheuser)

251 5436 Yes 6/27 6/28 6/28/18 Economic development; obsolete property and rehabilitation; revocation of certain obsolete property rehabilitation certificates; modify. (Rep. B. Frederick)

252 0197 Yes 6/27 6/28 6/28/18 # Individual income tax; checkoff; fostering futures scholarship trust fund; provide for. (Sen. P. MacGregor)

253 0196 Yes 6/27 6/28 6/28/18 # Individual income tax; other; credit income tax checkoff contributions to the fostering futures scholarship trust fund; provide for. (Sen. M. Knollenberg)

254 4030 Yes 6/27 6/28 6/28/18 # Individual income tax; checkoff; donation to the Lions of Michigan Foundation; provide for. (Rep. W. Byrd)

255 4031 Yes 6/27 6/28 6/28/18 # Individual income tax; other; Lions of Michigan Foundation fund act; create. (Rep. W. Byrd)

256 0816 Yes 6/27 6/28 6/28/18 # Individual income tax; checkoff; contributions to the Michigan World War II Legacy Memorial fund; provide for. (Sen. M. Knollenberg)

257 0817 Yes 6/27 6/28 6/28/18 # Individual income tax; other; Michigan World War II Legacy Memorial fund act; create. (Sen. S. Bieda)

258 5739 Yes 6/27 6/28 6/28/18 # Individual income tax; checkoff; donation to the Kiwanis fund; provide for. (Rep. S. Marino)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


259 5740 Yes 6/27 6/28 6/28/18 # Individual income tax; other; Kiwanis fund act; create. (Rep. D. Farrington)

260 0946 Yes 6/27 6/28 6/28/18 Labor; job training; Going pro talent program; create. (Sen. K. Horn)

261 0226 Yes 6/27 6/28 9/26/18 Civil procedure; service of process; fees and mileage allowed for service of process; modify. (Sen. R. Jones)

262 4871 Yes 6/27 6/28 6/28/18 Economic development; other; qualifying period for assessment; modify. (Rep. S. Chang)

263 4609 Yes 6/27 6/28 6/28/18 # State financing and management; funds; cap and distribution of disaster and contingency fund; revise and modify. (Rep. S. Marino)

264 4610 Yes 6/27 6/28 6/28/18 # State financing and management; funds; cap and distribution of disaster and contingency fund; revise and modify. (Rep. D. Farrington)

265 5579 Yes 6/28 6/28 6/28/18 Appropriations; school aid; fiscal year 2018-2019 omnibus appropriations for school aid, higher education, and community colleges; provide for. (Rep. T. Kelly)

266 5142 Yes 6/28 6/28 9/26/18 # School aid; other; requirement to employ certificated teachers for the purposes of school aid; modify. (Rep. R. Kosowski)

267 0652 Yes 6/28 6/29 6/29/18 # Administrative procedure; rules; environmental rules; establish a special review committee. (Sen. T. Casperson)

268 0653 Yes 6/28 6/29 6/29/18 # Environmental protection; permits; permit appeal panel; create. (Sen. D. Booher)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


269 0654 Yes 6/28 6/29 6/29/18 # Environmental protection; other; environmental science advisory board; create. (Sen. D. Robertson)

270 0542 Yes 6/28 6/29 9/27/18 Environmental protection; other; pesticide notification registry; limit geographic scope of required notification. (Sen. T. Casperson)

271 4438 Yes 6/28 6/29 9/27/18 Environmental protection; sewage; exemption from domestic septage law; provide for portable toilets for farm laborers. (Rep. T. Barrett)

272 5417 Yes 6/28 6/29 9/27/18 Natural resources; hunting; possessing or transporting of a bow and arrow, crossbow, or slingshot; modify. (Rep. S. Johnson)

273 0915 Yes 6/27 6/29 9/27/18 Traffic control; traffic regulation; maximum width of school buses; provide for, and exempt from seasonal road restrictions. (Sen. T. Casperson)

274 0836 Yes 6/27 6/29 9/27/18 Traffic control; traffic regulation; tandem axle assemblies; modify weight restrictions. (Sen. T. Casperson)

275 0640 Yes 6/27 6/29 9/27/18 Transportation; authorities; motor bus transportation act; modify exemption from act for certain interstate motor carriers of passengers. (Sen. P. Pavlov)

276 4705 Yes 6/27 6/29 9/27/18 Vehicles; driver training; training component for drivers regarding protocol when pulled over by a law enforcement officer; include in curriculum. (Rep. P. Lucido)

277 4198 No 6/27 6/29 ** Vehicles; driver training; training component for drivers regarding safety for bicyclists and other vulnerable roadway users on the road; require. (Rep. J. Alexander)

278 4176 Yes 6/28 6/29 9/27/18 Vehicles; equipment; use of amber flashing lights on vehicles that participate in neighborhood watch programs; allow. (Rep. R. Kosowski)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


279 4185 Yes 6/28 6/29 9/27/18 Traffic control; traffic regulation; requirement for operator of a motor vehicle to maintain a 5-foot distance when passing a bicyclist on the left; establish. (Rep. J. Bizon)

280 4265 Yes 6/28 6/29 8/1/19 Traffic control; traffic regulation; requirement for operator of a motor vehicle to maintain a 5-foot distance when passing a bicyclist; establish. (Rep. H. Hughes)

281 5278 Yes 6/28 6/29 9/27/18 Crime victims; rights; Michigan domestic and sexual violence prevention and treatment board; codify. (Rep. S. Neeley)

282 5645 Yes 6/28 6/29 9/27/18 Criminal procedure; witnesses; support dog when witness testifies; allow under certain circumstances. (Rep. T. Barrett)

283 5761 Yes 6/28 6/29 9/27/18 Crimes; other; provision for making or procuring false protest; repeal. (Rep. J. Bellino)

284 5762 Yes 6/28 6/29 9/27/18 # Civil procedure; other; reference to certain criminal violations; modify. (Rep. B. Kahle)

285 5763 Yes 6/28 6/29 9/27/18 # Criminal procedure; sentencing guidelines; sentencing guidelines for false protest; repeal. (Rep. B. Griffin)

286 5775 Yes 6/28 6/29 6/29/18 Crimes; animals; provision related to disposition and use of animals permanently unfit to work; repeal. (Rep. R. Hauck)

287 1001 Yes 6/27 6/29 9/27/18 Human services; foster parents; certain reporting requirements; repeal. (Sen. P. MacGregor)

288 1002 Yes 6/27 6/29 9/27/18 Natural resources; other; report related to the Michigan civilian conservation corps endowment fund; eliminate. (Sen. T. Casperson)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


289 1003 Yes 6/27 6/29 9/27/18 Agriculture; products; certain reporting requirements; eliminate. (Sen. J. Stamas)

290 1004 Yes 6/27 6/29 9/27/18 Agriculture; other; crop and stock reporting requirements; repeal. (Sen. W. Schmidt)

291 1005 Yes 6/27 6/29 9/27/18 Animals; pet shops; certain reporting requirements; eliminate. (Sen. M. Knollenberg)

292 1006 Yes 6/27 6/29 9/27/18 Agriculture; other; reporting requirements under the right to farm act; eliminate. (Sen. M. Shirkey)

293 1007 Yes 6/27 6/29 9/27/18 Food; service establishments; certain reporting requirements; eliminate. (Sen. D. Zorn)

294 1008 Yes 6/27 6/29 9/27/18 Agriculture; weights and measures; certain reporting requirements; eliminate. (Sen. M. O'Brien)

295 1009 Yes 6/27 6/29 9/27/18 Corrections; other; certain reporting requirements; repeal. (Sen. V. Gregory)

296 1010 Yes 6/27 6/29 9/27/18 Transportation; other; certain reporting requirements; remove. (Sen. M. Kowall)

297 1011 Yes 6/27 6/29 6/29/18 Aeronautics; other; aeronautics commission; repeal biennial reporting requirement. (Sen. P. MacGregor)

298 5990 Yes 6/27 6/29 6/29/18 Law enforcement; fire personnel; certain reporting requirements under the firefighters training council act; repeal. (Rep. P. Hornberger)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


299 5993 Yes 6/27 6/29 6/29/18 Agriculture; diseases and pests; certain reporting requirements under the insect pest and plant disease act; repeal. (Rep. S. Marino)

300 5995 Yes 6/27 6/29 9/27/18 Veterans; employment; certain reporting requirements under the veteran right to employment services act; repeal. (Rep. B. Iden)

301 5996 Yes 6/27 6/29 6/29/18 Agriculture; products; certain reporting requirements under the grade A milk law; repeal. (Rep. J. Alexander)

302 5997 Yes 6/27 6/29 9/27/18 Corrections; other; certain reporting requirements under the community corrections act; repeal. (Rep. J. Bellino)

303 5998 Yes 6/27 6/29 6/29/18 Education; special; certain reporting requirements under the Michigan school for the blind act; repeal. (Rep. J. Noble)

304 5999 Yes 6/27 6/29 9/27/18 Insurance; health benefits; reporting requirement about competition in small employer carrier health market; eliminate. (Rep. M. Hoitenga)

305 6000 Yes 6/27 6/29 6/29/18 Explosives; fireworks; certain reporting requirements under the Michigan fireworks safety act; repeal. (Rep. B. LaFave)

306 6001 Yes 6/27 6/29 9/27/18 Human services; food assistance; certain reporting requirements under the state food stamp distribution act; repeal. (Rep. S. Johnson)

307 6002 Yes 6/27 6/29 6/29/18 # Construction; code; reference to Michigan fireworks safety act; modify. (Rep. S. Allor)

308 6003 Yes 6/27 6/29 9/27/18 Energy; gas and oil; certain reporting requirements under the motor fuels quality act; repeal. (Rep. S. Allor)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


309 6004 Yes 6/27 6/29 6/29/18 Individual income tax; other; certain reporting requirements under the income tax act; eliminate. (Rep. D. Rendon)

310 6005 Yes 6/27 6/29 6/29/18 Criminal procedure; DNA; certain reporting requirements under the DNA identification profiling system act; eliminate. (Rep. R. Hauck)

311 5884 Yes 6/27 6/29 6/29/18 Health facilities; other; act establishing tuberculosis and hospital sanatoriums; repeal. (Rep. J. Noble)

312 5885 Yes 6/27 6/29 6/29/18 # Health facilities; other; references to remove 1925 PA 177; remove from 1987 PA 230. (Rep. R. Kosowski)

313 5886 Yes 6/27 6/29 6/29/18 # Health facilities; other; references to 1925 PA 177; remove from 1945 PA 109. (Rep. S. Johnson)

314 5887 Yes 6/27 6/29 6/29/18 # Health facilities; other; references to 1925 PA 177; remove from 1913 PA 350. (Rep. J. Bellino)

315 5888 Yes 6/27 6/29 6/29/18 # Health facilities; other; references to 1925 PA 177; remove from the social welfare act. (Rep. A. Hammoud)

316 5892 Yes 6/27 6/29 6/29/18 Corrections; other; probation recovery camps; repeal. (Rep. S. Allor)

317 5893 Yes 6/27 6/29 6/29/18 Corrections; other; conservation rehabilitation camp for male delinquent youths; repeal 1963 PA 145. (Rep. D. Rendon)

318 5894 Yes 6/27 6/29 6/29/18 Corrections; other; operation of Camp LaVictoire conservation rehabilitation camp; repeal. (Rep. R. Hauck)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


319 5895 Yes 6/27 6/29 6/29/18 # Corrections; other; conservation rehabilitation camp for male delinquent youths; repeal 1962 PA 229. (Rep. B. LaFave)

320 5769 Yes 6/27 6/29 6/29/18 Corrections; other; boys' vocational schools; repeal. (Rep. D. Rendon)

321 5738 Yes 6/27 6/29 6/29/18 State; other; outdated appropriation for Michigan, Minnesota, and Wisconsin boundaries; repeal. (Rep. J. Noble)

322 5741 Yes 6/27 6/29 6/29/18 State agencies (existing); boards and commissions; Wisconsin-Michigan boundary commission; repeal. (Rep. B. LaFave)

323 5335 Yes 6/28 7/2 7/2/18 # State agencies (proposed); boards and commissions; Michigan infrastructure council; establish. (Rep. R. VerHeulen)

324 5406 Yes 6/28 7/2 7/2/18 # Water; other; water asset management council; establish. (Rep. R. Victory)

325 5408 Yes 6/28 7/2 9/30/18 # Transportation; other; transportation asset management council; modify, and modify reporting requirements for local road agencies. (Rep. T. Cole)

326 0178 Yes 6/28 7/2 9/30/18 Vehicles; fund-raising registration plates; fund-raising plates for the "Detroit Red Wings", "Detroit Tigers", "Detroit Lions", and "Detroit Pistons"; create. (Sen. J. Stamas)

327 4360 Yes 6/28 7/2 9/30/18 Local government; other; local governments and law enforcement agencies operating a motor vehicle storage facility or towing operation; prohibit under certain circumstances. (Rep. P. Lucido)

328 0888 Yes 6/28 7/2 7/2/18 Retirement; public school employees; participation of certain student workers in retirement system; prohibit. (Sen. J. Proos)




++ - Pocket veto.


ENROLLED

PA No. HB SB

I.E.*Yes/No

Governor Approved


329 0916 Yes 6/28 7/2 9/30/18 Occupations; junk and secondhand dealers; automatic recycling kiosks; regulate. (Sen. M. Kowall)

330 5811 Yes 6/28 7/2 9/30/18 Occupations; notaries public; remote performance of notarial acts; authorize. (Rep. D. Farrington)

331 0757 Yes 6/28 7/2 7/2/18 Occupations; alarm systems; low-voltage alarm system installation permitting; provide for. (Sen. M. Knollenberg)

332 0758 Yes 6/28 7/2 7/2/18 Construction; permits; low-voltage electric fence permitting; provide for exemption. (Sen. M. Knollenberg)

333 0908 Yes 6/28 7/2 7/2/18 Property; conveyances; state-owned property in Ingham County previously conveyed to city of Lansing; modify restrictions on use. (Sen. C. Hertel)

334 1036 Yes 6/28 7/2 7/2/18 Property; conveyances; state-owned property under the jurisdiction of the department of corrections; provide for the sale of. (Sen. W. Schmidt)

335 5652 Yes 6/28 7/2 7/2/18 Retirement; judges; determination of actuarial equivalent retirement allowance; modify. (Rep. J. Reilly)

336 5653 Yes 6/28 7/2 7/2/18 Retirement; state employees; determination of actuarial equivalent retirement allowance; modify. (Rep. E. Leutheuser)

Veto 5095 No 6/29/18 Environmental protection; water pollution; permit for ballast water discharge from oceangoing vessels; adopt Coast Guard standards. (Rep. D. Lauwers)




++ - Pocket veto.