2023 Senate Bill 195

Appropriations: department of licensing and regulatory affairs; appropriations for fiscal year 2023-2024; provide for.

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

Introduced in the Senate

March 15, 2023

Introduced by Sen. Mary Cavanagh (D-6)

Referred to the Committee on Appropriations

April 26, 2023

Reported with substitute S-1

April 27, 2023

Referred to the Committee of the Whole

May 9, 2023

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Amendment offered by Sen. Lana Theis (R-22)

1.

Amend page 16, line 23, by striking out all of section 214.

The amendment failed by voice vote

Amendment offered by Sen. Lana Theis (R-22)

1. Amend page 4, line 15, after “positions” by striking out “195.0” and inserting “190.0”.

2. Amend page 4, line 16, after “commission--FTEs” by striking out “195.0” and inserting “190.0”.

3. Amend page 4, line 25, after “positions” by striking out “150.0” and inserting “145.0”.

4. Amend page 4, line 26, after “enforcement--FTEs” by striking out “119.0” and inserting “114.0”.

5. Amend page 7, line 13, after “positions” by striking out “173.0” and inserting “171.0”.

6. Amend page 7, line 14, after “agency--FTEs” by striking out “173.0” and inserting “171.0”

and adjusting the subtotals, totals, and section 201 accordingly.

The amendment failed by voice vote

Amendment offered by Sen. Lana Theis (R-22)

1.

Amend page 28, following line 4, by inserting:

“Sec. 513. From the funds appropriated in part 1, the department shall conduct a review of its current licensure processes. By September 30, 2024, the department shall submit a report to the subcommittees that includes the following:

(a) Identification of processes, procedures, applicant requirements, and other factors which may result in unnecessary obstacles to promoting employment in this state.

(b) The results of a comparison between industries and professions which are licensed in this state and those same industries and professions in neighboring states without similar licensing requirements.”

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Aric Nesbitt (R-20)

1.

Amend page 30, following line 5, by inserting:

“Sec. 602. From the funds appropriated in part 1, within 15 days before the last day of each fiscal quarter, the cannabis regulatory agency shall post on a publicly accessible website a list of all of the following:

(a) The number of investigative reports that identify suspected illegal or irregular activities of licensees under the agency’s purview.

(b) The number of investigative reports that identify suspected marihuana product without the tracking numbers assigned by the statewide monitoring system affixed, tagged, or labeled as required by the act or the rules.

(c) The number of complaints filed by the public with the agency concerning marihuana product without the tracking numbers assigned by the statewide monitoring system affixed, tagged, or labeled as required by the act or the rules.

(d) The number of complaints filed by the public with the agency concerning unlicensed commercial production or sale of delta-8 THC.

(e) The number and outcome of all agency disciplinary proceedings initiated against any licensee subject to the reports in subdivisions (a), (b), (c), and (d).

(f) The number of reports of any suspected or illegal activities and the category of suspected illegal or irregular activities the agency referred to the department of state police, or other appropriate law enforcement agency, of any suspected or illegal activities contained in the reports in subdivisions (a), (b), (c), and (d).

(g) For any licensee subject to disciplinary proceedings initiated by the agency under the reports in subdivisions (a), (b), (c), and (d), the cannabis regulatory agency shall post the following information on a publicly available website upon the closure of any investigative report:

(i) Name of licensee.

(ii) Description of the allegation.

(iii) Complaint type.

(iv) Process used to resolve the allegation.

(v) Name of the law enforcement agency the allegation was referred to, including the date of the referral.”

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Aric Nesbitt (R-20)

1.

Amend page 30, following line 25, by inserting:

“Sec. 604. (1) From the FTEs provided for in part 1 for recreational marihuana regulation, the cannabis regulatory agency must use at least 5.0 FTEs to conduct in-person no-notice inspections of licensed processors, with higher priority given to inspecting those facilities that produce distillate or other concentrates and that produce the most marihuana product. These inspections shall happen quarterly and at times the facility intakes a significant amount of biomass or other raw material.

(2) The cannabis regulatory agency shall post a quarterly report of these inspections on a publicly accessible website that lists all of the following:

(a) The number of inspections and the number of investigative reports that identify suspected illegal or irregular activities of licensees as identified by the inspections.

(b) The number of complaints filed by the public with the cannabis regulatory agency concerning possible illegal or irregular activities by a licensed processor or cultivation facility regarding the production of distillate or concentrates.

(c) The number and outcome of all cannabis regulatory agency disciplinary proceedings initiated against any licensee subject to the reports in subsections (a) and (b), including if the suspected or illegal activities under subsections (a) and (b) have been referred to the department of state police or other appropriate law enforcement agencies or if any product has been recalled.

(d) For any licensee subject to disciplinary proceedings initiated by the cannabis regulatory agency under the reports in subsections (a) and (b), the cannabis regulatory agency shall post all of the following information on a publicly available website upon the closure of any investigative report:

(i) Name of the licensee.

(ii) Description of the allegation.

(iii) Complaint type (CRA inspection or public).

(iv) Process used to resolve the investigation.

(v) Name of the law enforcement agency referred to, including the date of the referral.”

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Lana Theis (R-22)

1.

Amend page 18, following line 4, by inserting:

“Sec. 218. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this article, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each chamber, intertransfer funds within this article for the particular department, board, commission, officer, or institution.”

The amendment failed by voice vote

Amendment offered by Sen. Lana Theis (R-22)

1.

Amend page 28, following line 4, by inserting:

“Sec. 514. By September 30, 2024, the department shall post on a publicly available website a report detailing changes made to departmental recommendations and requirements pertaining to licensed nursing homes and long-term care facilities. The report must include, but is not limited to, a detailed overview of any policy changes made since March 2020 that are intended to ensure the safety of residents and staff as well as any policy changes intended to ensure family access to facility residents. The department must notify the subcommittees upon publication of the report.”

The amendment failed 18 to 20 (details)

Passed in the Senate 20 to 18 (details)

Received in the House

May 10, 2023

Referred to the Committee on Appropriations

May 17, 2023

Discharged from committee

Substitute H-1 offered by Rep. Angela Witwer (D-76)

The substitute passed by voice vote

Passed in the House 56 to 51 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

May 18, 2023

May 23, 2023

Substitute H-1 not concurred in 0 to 38 (details)

June 7, 2023

Referred to the Committee of Conference