Bill Text: MI HB4589 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Appropriations: supplemental; funding to prosecuting attorneys coordinating council; allocate to investigate nursing home policies. Creates appropriation act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-13 - Bill Electronically Reproduced 03/25/2021 [HB4589 Detail]

Download: Michigan-2021-HB4589-Introduced.html

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 4589

March 25, 2021, Introduced by Rep. Hornberger and referred to the Committee on Appropriations.

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2021; and to provide for the expenditure of the appropriations.

the people of the state of michigan enact:


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part 1

line-item appropriations

Sec. 101. There is appropriated for various state departments and agencies to supplement appropriations for the fiscal year ending September 30, 2021, from the following funds:


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APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

5,000,100

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

5,000,100

Federal revenues:

 

 

 

Total federal revenues

 

 

0

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

5,000,100

Sec. 102.  DEPARTMENT OF ATTORNEY GENERAL

 

 

 

(1) APPROPRIATION SUMMARY

 

 

 

GROSS APPROPRIATION

 

$

5,000,100

Interdepartmental grant revenues:

 

 

 

Total interdepartmental grants and intradepartmental transfers

 

 

0

ADJUSTED GROSS APPROPRIATION

 

$

5,000,100

Federal revenues:

 

 

 

Total federal revenues

 

 

0

Special revenue funds:

 

 

 

Total local revenues

 

 

0

Total private revenues

 

 

0

Total other state restricted revenues

 

 

0

State general fund/general purpose

 

$

5,000,100

(2) ATTORNEY GENERAL OPERATIONS

 

 

 


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Prosecuting attorneys coordinating council

 

$

5,000,000

GROSS APPROPRIATION

 

$

5,000,000

Appropriated from:

 

 

 

State general fund/general purpose

 

$

5,000,000

(3) ONE-TIME APPROPRIATIONS

 

 

 

Personal protection equipment and facility expenses for nursing homes

 

$

100

GROSS APPROPRIATION

 

$

100

Appropriated from:

 

 

 

State general fund/general purpose

 

$

100

 

part 2

provisions concerning appropriations

general sections

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources under part 1 for fiscal year ending September 30, 2021 is $5,000,100.00 and total state spending from state sources to be paid to local units of government is $5,000,000.00.

Sec. 202. The appropriations made and expenditures authorized under this part and part 1 and the departments, commissions, boards, offices, and programs for which appropriations are made under this part and part 1, are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. If the state administrative board, acting under section 3 of 1921 PA 2, MCL 17.3, transfers funds from an amount appropriated under this act, the legislature may, by a concurrent resolution adopted by a majority of the members elected to and serving in each house, inter-transfer funds within this act for the


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particular department, board, commission, office, or institution.

 

DEPARTMENT OF ATTORNEY GENERAL

Sec. 301. (1) Funds appropriated in part 1 for prosecuting attorneys coordinating council shall be used by the prosecuting attorneys coordinating council for COVID-19 nursing home investigations undertaken by county prosecutors. The prosecuting attorneys coordinating council shall create and operate a grant program that provides grants to county prosecutor's offices. Grant funding shall be used for investigating incidents or deaths related to the spread of the coronavirus at long-term care facilities and nursing homes and the processes and policies established by the state in response to COVID-19, and for determining whether any violations of law may have contributed to the spread of the virus among residents of those facilities. Funding may be used for, but is not limited to, determining all of the following:

(a) The accuracy of data reported on positive COVID-19 cases and deaths associated with COVID-19 in long-term care facilities and any discrepancies in the way this data was collected and reported, particularly as a result of transferring COVID-19 positive individuals to and from long-term care facilities pursuant to state policies.

(b) Compliance with all COVID-19 guidelines and reporting requirements issued by the centers for Disease Control and Prevention.

(c) Compliance with Michigan's freedom of information act, 1976 PA 442, MCL 15.231 to MCL 15.246.

(2) The prosecuting attorneys coordinating council shall make grants from the funds appropriated to each county prosecutor's


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office that enters into a grant agreement with the prosecuting attorneys coordinating council for the sole use of supporting expenditures as described in subsection (1). A grant must be disbursed within 30 days after the date that the prosecuting attorneys coordinating council receives a completed and signed grant agreement from the prosecutor's office requesting the grant.

(3) The prosecuting attorneys coordinating council shall award not more than $500,000.00 to any grant applicant.

(4) The prosecuting attorneys coordinating council shall develop and post on the prosecuting attorneys coordinating council website the application and program operation, award, and reporting criteria for the program.

(5) Not later than June 1, any county prosecutor receiving a grant award from the funds appropriated in part 1 shall submit a report to the senate and house committees on appropriations on the use of grant funds under this section. The report shall include an assessment of the findings of the investigation and include a detailed listing of all expenditures made.

(6) Not later than September 1, and annually thereafter, the prosecuting attorneys coordinating council shall submit a report to the senate and house committees on appropriations on the grant program. The report shall include a listing of all counties that applied for funding, all counties that received funding, the amount of funding received by county, and the total amount expended for the program.

(7) The unexpended funds appropriated in part 1 for the prosecuting attorneys coordinating council are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be


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available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to investigate incidents or deaths related to the spread of the coronavirus at long-term care facilities and nursing homes and the processes and policies established by the state in response to COVID-19, and to determine whether any violations of law may have contributed to the spread of the virus among residents of those facilities.

(b) The project will be funded in accordance with this section and the project guidelines approved by the prosecuting attorneys coordinating council prior to an award.

(c) The estimated cost of this project is $5,000,000.00.

(d) The tentative completion date for the work project is September 30, 2023.

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