Bill Text: MI SB0114 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Appropriations: zero budget; multidepartment supplemental appropriations; provide for fiscal year 2020-2021. Creates appropriation act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2021-04-13 - Postponed For The Day [SB0114 Detail]
Download: Michigan-2021-SB0114-Engrossed.html
Substitute For
SENATE BILL NO. 114
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 |
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GROSS APPROPRIATION |
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$ |
727,763,900 |
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Interdepartmental grant revenues: |
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Total interdepartmental grants and intradepartmental transfers |
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0 |
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ADJUSTED GROSS APPROPRIATION |
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$ |
727,763,900 |
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Federal revenues: |
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Total federal revenues |
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672,763,900 |
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Special revenue funds: |
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Total local revenues |
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0 |
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Total private revenues |
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0 |
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Total other state restricted revenues |
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0 |
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State general fund/general purpose |
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$ |
55,000,000 |
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Sec. 102. DEPARTMENT OF
HEALTH AND HUMAN SERVICES |
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(1) APPROPRIATION SUMMARY |
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GROSS APPROPRIATION |
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$ |
445,182,200 |
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Interdepartmental grant revenues: |
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Total interdepartmental grants and intradepartmental transfers |
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0 |
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ADJUSTED GROSS APPROPRIATION |
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$ |
445,182,200 |
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Federal revenues: |
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Total federal revenues |
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390,182,200 |
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Special revenue funds: |
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Total local revenues |
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0 |
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Total private revenues |
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0 |
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Total other state restricted revenues |
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0 |
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State general fund/general purpose |
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$ |
55,000,000 |
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(2) ONE-TIME
APPROPRIATIONS |
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COVID-19 direct care worker hazard pay adjustment |
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$ |
150,000,000 |
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Federal COVID epidemiology and laboratory capacity |
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184,942,400 |
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Federal COVID immunization and vaccine grant reserve fund |
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110,239,800 |
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GROSS APPROPRIATION |
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$ |
445,182,200 |
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Appropriated from: |
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Federal revenues: |
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Total other federal revenues |
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390,182,200 |
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State general fund/general purpose |
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$ |
55,000,000 |
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Sec. 103. DEPARTMENT OF
LABOR AND ECONOMIC OPPORTUNITY |
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(1) APPROPRIATION SUMMARY |
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GROSS APPROPRIATION |
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$ |
282,581,700 |
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Interdepartmental grant revenues: |
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Total interdepartmental grants and intradepartmental transfers |
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0 |
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ADJUSTED GROSS APPROPRIATION |
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$ |
282,581,700 |
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Federal revenues: |
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Total federal revenues |
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282,581,700 |
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Special revenue funds: |
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Total local revenues |
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0 |
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Total private revenues |
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0 |
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Total other state restricted revenues |
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0 |
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State general fund/general purpose |
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$ |
0 |
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(2) ONE-TIME
APPROPRIATIONS |
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Emergency rental assistance |
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$ |
220,302,200 |
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Emergency rental assistance – administrative costs |
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62,279,500 |
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GROSS APPROPRIATION |
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$ |
282,581,700 |
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Appropriated from: |
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Federal revenues: |
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Total federal revenues |
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282,581,700 |
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State general fund/general purpose |
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0 |
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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 $55,000,000.00 and total state spending from state sources to be paid to local units of government is $0.00.
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 particular department, board, commission, office, or institution.
Sec. 204. It is the intent of the legislature that a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-
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time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department.
DEPARTMENT OF
HEALTH AND HUMAN SERVICES
Sec. 251. (1) From the funds appropriated in part 1 for COVID-19 direct care worker hazard pay adjustment, the department of health and human services shall provide sufficient funding, including any applicable federal match, to increase the wages paid to direct care workers described in subsection (2) by $2.25 per hour above the rates paid on March 1, 2020 beginning March 1, 2021 through September 30, 2021.
(2) The direct care wage increase shall be provided to direct care workers employed by the department of health and human services, its contractors, and its subcontractors who received a $2.00 per hour state-funded wage increase beginning in April 2020. The total combined direct care wage increases from the April 2020 direct care wage increase and the wage increase outlined in this section shall be $2.00 per hour and shall be in effect from April 1, 2020 to February 28, 2021 and $2.25 per hour and shall be in effect from March 1, 2021 through September 30, 2021.
(3) From the funds appropriated in part 1 for COVID-19 direct care worker hazard pay adjustment, a direct care wage increase of $2.25 per hour shall be provided to direct care workers employed by skilled nursing facilities on the effective date of this act, beginning March 1, 2021 and continuing until September 30, 2021. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.25 per hour increase. As
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used in this subsection, "direct care workers" means a registered nurse, licensed practical nurse, competency-evaluated nursing assistant, and respiratory therapist.
(4) From the funds appropriated in part 1 for COVID-19 direct care worker hazard pay adjustment, a direct care wage increase of $2.25 per hour shall be provided to direct care workers employed by area agencies on aging and their contractors for in-home and respite services on the effective date of this act, beginning March 1, 2021 and continuing until September 30, 2021. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.25 per hour increase.
(5) From the funds appropriated in part 1 for COVID-19 direct care worker hazard pay adjustment, a direct care wage increase of $2.25 per hour shall be provided to direct care workers employed by licensed adult foster care homes and licensed homes for the aged who were not eligible for any COVID-19 direct care worker pay adjustment under any other subsection of this section. The $2.25 per hour increase described in this subsection shall begin on March 1, 2021 and continue until September 30, 2021. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.25 per hour increase.
(6) From the funds appropriated in part 1 for COVID-19 direct care worker hazard pay adjustment, a direct care wage increase of $2.25 per hour shall be provided to direct support employees and job coaches who work in supported employment arrangements and who were not eligible for any COVID-19 direct care worker pay adjustment under any other subsection of this section. The $2.25 per hour increase described in this subsection shall begin on March 1, 2021 and continue until September 30, 2021. This funding shall
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include all costs incurred by the employer, including payroll taxes, due to the $2.25 per hour increase.
(7) From the funds appropriated in part 1 for COVID-19 direct care worker hazard pay adjustment, a direct care wage increase of $2.00 per hour shall be provided to front line workers employed by child caring institutions. The $2.00 per hour increase described in this subsection shall begin on March 1, 2021 and continue until June 30, 2021. This funding shall include all costs incurred by the employer, including payroll taxes, due to the $2.00 per hour increase. As used in this section, a "child caring institution" means that term as defined in 1973 PA 116, MCL 722.111 to 722.128.
(8) Contractors and subcontractors receiving funding to support these direct care wage increases shall be required to provide documentation of the wage increases provided pursuant to this section to the department of health and human services.
(9) Any payment enhancement above the hourly rate in effect on March 1, 2020 shall be of no effect in determining any employee's average compensation as provided by any contract or other provision of law.
(10) A direct care worker may elect to not receive the wage increase provided in this section. The election to not receive the wage increase in this section must be made either in writing or electronically. The employer of a direct care worker who has elected to not receive the wage increase in this section must remit back to the state any of the funds authorized by this section based on the number of direct care workers it employs who have elected to not receive the wage increase authorized by this section.
Sec. 252. (1) From the funds appropriated in part 1 for federal COVID epidemiology and laboratory capacity, the department
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of health and human services shall allocate $75,000,000.00 for grants to eligible school districts, public school academies, intermediate school districts, and nonpublic schools as provided in this section, $20,000,000.00 shall be allocated for Michigan department of corrections testing, and $25,000,000.00 shall be allocated for testing at licensed skilled nursing facilities.
(2) From the funds appropriated in subsection (1) for grants to eligible school districts, public school academies, intermediate school districts, and nonpublic schools, the department of health and human services shall work with the department of education to distribute grants to school districts and public school academies based on the headcount each of those entities reported to the center for educational performance and information as of the most recent headcount data submission.
(a) The department of health and human services shall work with the department of education to notify registered and approved nonpublic schools of the availability of grant funds for COVID-19 testing, and to set up a grant process to distribute testing funds to eligible nonpublic schools. The department must notify registered and approved nonpublic schools within 5 days of enactment of this legislation that the funds are available and must open a grant process within 10 days of enactment of this legislation. Registered and approved nonpublic schools applying for COVID-19 testing funds must report headcount enrollment to the department within 5 days of the grant process being open for applications. An application with enrollment data reported by a registered and approved nonpublic school shall be approved for grant funding.
(b) The amount of a grant to each eligible district, public
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school academy, and nonpublic school shall be equal to the product of the educating entity's headcount multiplied by $50.00. The amount of a grant to each eligible intermediate district shall be equal to the product of the intermediate school district's staff headcount as reported to the center for educational performance and information as of the most recent data submission multiplied by $50.00.
(c) To be eligible to receive funding under this section, a school district, public school academy, or nonpublic school must provide at least 20% of all instruction in person. This may be measured by hours or days but must result in the average of at least 1 day of instruction per school week being delivered in person for all students. An intermediate school district is eligible for funding under this section if the intermediate school district has an average of all staff working at least 1 day per week in person at the intermediate school district, at the school districts that are constituents of the intermediate school district, or both.
(d) The department of health and human services shall work with the department of education to make payments to eligible districts, public school academies, intermediate districts, and nonpublic schools not later than 21 days after enactment of this legislation.
(e) An entity receiving a grant under this section may use the funds for COVID-19 testing for staff and students including, but not limited to, teachers, counselors, administrators, support staff, aides, bus drivers, coaches, cafeteria staff, custodians, students playing contact sports, and other students as determined by the entity.
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(f) If the sum of the grants calculated under subsection (2) exceeds the appropriation in subsection (1), grants shall be reduced on an equal dollar basis.
Sec. 253. (1) From the funds appropriated in part 1 for federal COVID immunization and coronavirus vaccine grant reserve fund, the department of health and human services shall allocate $36,746,600.00 to manage the administration of a coronavirus vaccine to all Michigan residents through financial support to local health departments and other health care providers.
(2) The funds appropriated in part 1 for federal COVID immunization and coronavirus vaccine grant reserve fund, not allocated in subsection (1), shall not be expended unless a legislative transfer request is issued by the state budget office and the requirements of the legislative transfer process are met under section 393 of the management and budget act, 1984 PA 431, MCL. 18.1393.
(3) Prior to issuing a legislative transfer request under this section, the department shall first do both of the following:
(a) Demonstrate the funds appropriated in 2020 PA 257 for coronavirus vaccine strategy have been expended.
(b) Provide a report to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget office to illustrate how the requested funds would be utilized.
Sec. 254. (1) The department of health and human services shall report on a weekly basis to the senate and house appropriations committees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on all of the following:
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(a) The metrics used for calculating vaccine distribution to local health departments and enrolled providers and an analysis by county that shows how allocations were calculated.
(b) The number of vaccines distributed during the previous week to each local health department and enrolled provider. The number of vaccines distributed under this subdivision must be listed for each local health department and for each enrolled provider.
(c) The estimated number of vaccines to be distributed during the current week to each local health department and enrolled provider. The estimated number of vaccines to be distributed under this subdivision must be listed for each local health department and for each enrolled provider.
(d) The estimated number of vaccines to be distributed next week to each local health department and enrolled provider. The estimated number of vaccines to be distributed under this subdivision must be listed for each local health department and for each enrolled provider.
(e) The number and estimated percentage of individuals vaccinated, categorized by each vaccination phase.
(f) The number and estimated percentage of individuals residing or working in nursing homes that have been vaccinated.
(g) The number and estimated percentage of individuals 65 years of age and older that have been vaccinated.
(h) The total amount that has been expended from the funds appropriated in part 1 for federal COVID immunization and vaccine distribution and administration. The amount described in this subdivision shall be broken down by state general funds and federal funds.
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(2) The reports required by this section must be made accessible to the public by placing the reports on an internet site.
Sec. 255. (1) By March 1, 2021, the department of health and human services shall report to the senate and house appropriations committees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the formula, or other detailed methodology, used to distribute vaccines to each local health department and each enrolled provider. The report must also include an example of how the formula, or other detailed methodology, would distribute a statewide total of 100,000 vaccines to each local health department and each enrolled provider.
(2) Within 1 business day of any changes made by the department of health and human services to the formula, or other detailed methodology, used to distribute vaccines to each local health department and each enrolled provider, the department of health and human services shall report to the senate and house appropriations committees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the changes made to the formula, or other detailed methodology, used to distribute vaccines to each local health department and each enrolled provider, the rationale for the change to the formula, or other detailed methodology, used to distribute vaccines to each local health department and each enrolled provider, and an example of how the revised formula, or other detailed methodology, would distribute a statewide total of 100,000 vaccines to each local health department and each enrolled provider.
(3) By March 1, 2021, the department of health and human services shall report to the senate and house appropriations
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committees, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the advantages and disadvantages of incorporating a specific minimum, or baseline, number of vaccines to be distributed on a weekly basis for each specific local health department and enrolled provider.
(4) The reports required by this section must be made accessible to the public by placing the reports on an internet site.
Sec. 256. No later than 30 days after the enactment of this act, the department shall expand its COVID-19 vaccination distribution to include independent pharmacy networks, specifically those in rural areas, to increase access to COVID-19 vaccination across this state.
Sec. 257. A recipient of a COVID-19 vaccine administered from the funds appropriated in part 1 for federal COVID immunization and vaccine grant reserve funds shall be provided with information or informed if and in what manner the development of the vaccine utilized aborted fetal tissue or human embryonic stem cell derivation lines.
Sec. 258. In distributing doses of COVID-19 vaccines to localities, the department of health and human services shall only use the estimated number of individuals in each eligible priority group who have not yet been fully vaccinated in each locality. The department of health and human services shall not use race, gender, color, national origin, religion, sex, or socioeconomic status as factors in determining the distribution of COVID-19 vaccines.
DEPARTMENT OF
LABOR AND ECONOMIC OPPORTUNITY
Sec. 301. (1) Funds appropriated in part 1 for emergency
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rental assistance shall be administered by the terms set forth in section 501(a) of Division N of the Consolidated Appropriations Act, 2021, Public Law 116-260, authorizing the United States Department of Treasury to make payments to certain recipients to be used to provide emergency rental assistance.
(2) The department of labor and economic opportunity shall collaborate with the department of health and human services, the judiciary, local community action agencies, local nonprofit agencies, and legal aid organizations to create a rental and utility assistance program.
(3) The rental assistance program will operate in accordance with rules and guidance published by the United States Department of Treasury to serve eligible renter households with rental and utility assistance to preserve their housing and avoid eviction.
(4) The unexpended funds appropriated in part 1 for emergency rental assistance are designated as a work project appropriation. Any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be 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 work project is to create an emergency rental assistance program, which includes rental and utility assistance payments, housing stability services, and case management to eligible renter households impacted by COVID-19.
(b) The projects will be accomplished by utilizing state employees or by contracts.
(c) The total estimated cost of the work project is $220,302,200.00.
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(d) The tentative completion date is March 31, 2022.
Sec. 302. Funds appropriated in part 1 for emergency rental assistance - administrative costs shall be administered by the terms set forth for the administrative costs allowable under section 501(c)(5) of Division N of the Consolidated Appropriations Act, 2021, Public Law 116-260, authorizing the United States Department of Treasury to make payments to certain recipients to be used to provide emergency rental assistance.
