SB-0586, As Passed Senate, May 27, 2009

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 586

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1987 PA 264, entitled

 

"Health and safety fund act,"

 

by amending section 5 (MCL 141.475), as amended by 2008 PA 586.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5. The state treasurer shall cause to be distributed from

 

the health and safety fund the following amounts in the 1988-89

 

fiscal year and in each following fiscal year:

 

     (a) One-fourth of the collections deposited in the fund under

 

section 3(2) shall be used for indigent volume adjusters for

 

hospitals within the medicaid program.

 

     (b) After the distribution in subdivision (a), $16,000,000.00

 

of the amount deposited in the fund under section 3(2) shall be

 

distributed as follows:

 

     (i) Except as provided in subparagraph (iii), to a county that

 

received a loan authorized under section 3(2) or (3) of the

 

emergency municipal loan act, 1980 PA 243, MCL 141.933, to pay

 

outstanding obligations of the county; for the repayment of

 

principal and interest on any loans made to the county under the

 

emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942;

 

and for the payment of principal, premium, if any, and interest due

 

during a fiscal year on bonds issued by that county under the

 

fiscal stabilization act, 1981 PA 80, MCL 141.1001 to 141.1011. The

 

distributions under this subparagraph shall be made as necessary

 

and only to the extent necessary to satisfy the obligations of the

 

county.

 

     (ii) Except as provided in subparagraph (iii), to the extent that

 

$16,000,000.00 is no longer necessary to satisfy the obligations

 

under subparagraph (i), a portion of the amount not required for

 

satisfaction of obligations shall be distributed to each county

 

that receives or has received a loan authorized under section 3(2)

 

or (3) of the emergency municipal loan act, 1980 PA 243, MCL

 

141.933, in an amount determined by multiplying the amount

 

available for distribution under this subparagraph by a fraction,

 

the numerator of which is the population of the county receiving

 

the distribution and the denominator of which is the total

 

population of the state according to the most recent decennial

 

census. The distribution under this subparagraph shall be made at

 

the same times and shall be used, subject to section 6, for the

 

same purposes described in subdivision (c). The remaining amount

 

available for distribution under this subparagraph shall be used on

 

a per capita basis to offset the cost to the state of the

 

assumption of the financing of the state court system in the

 

counties not receiving a distribution under this subparagraph.

 

     (iii) In the 2008-2009 fiscal year through the 2014-2015 fiscal

 

year, $16,000,000.00 of the amount deposited in the fund under

 

section 3(2) shall be transferred to and deposited in the

 

convention facility development fund created under the state

 

convention facility development act, 1985 PA 106, MCL 207.621 to

 

207.640, for distribution and use only in the manner and for the

 

purposes stated in that act and no amount shall be distributed

 

under subparagraph (i) or (ii). In If the transfer of a qualified

 

convention facility to a regional convention authority takes place

 

as provided in the regional convention facility authority act, 2008

 

PA 554, MCL 141.1351 to 141.1379, then in the 2015-2016 fiscal year

 

through the 2038-2039 fiscal year, $15,000,000.00 of the amount

 

deposited in the fund under section 3(2) shall be transferred to

 

and deposited in the convention facility development fund created

 

under the state convention facility development act, 1985 PA 106,

 

MCL 207.621 to 207.640, for distribution and use only in the manner

 

and for the purposes stated in that act and $1,000,000.00 shall be

 

distributed under subparagraphs (i) and (ii). If the transfer of a

 

qualified convention facility to an authority is disapproved by the

 

legislative body of a qualified city under section 19(1) of the

 

regional convention facility authority act, 2008 PA 554, MCL

 

141.1369, then in the 2015-2016 fiscal year through the 2029-2030

 

fiscal year, $15,000,000.00 of the amount deposited in the fund

 

under section 3(2) shall be transferred to and deposited in the

 

convention facility development fund created under the state

 

convention facility development act, 1985 PA 106, MCL 207.621 to

 

207.640, for distribution and use only in the manner and for the

 

purposes stated in that act and $1,000,000.00 shall be distributed

 

under subparagraphs (i) and (ii).

 

     (c) The remaining amount deposited in the fund under section

 

3(2) not distributed under subdivisions (a) and (b) shall be

 

distributed to each county that does not receive and has never

 

received a loan authorized under section 3(2) or (3) of the

 

emergency municipal loan act, 1980 PA 243, MCL 141.933, on a per

 

capita basis according to the ratio that the population of the

 

county receiving the distribution under this subdivision, according

 

to the most recent decennial census, bears to the total population

 

of all counties receiving distribution under this subdivision,

 

according to the most recent decennial census. A distribution under

 

this subdivision shall be made each February, May, August, and

 

November from the collections that were deposited in the fund under

 

section 3(2) in the immediately preceding calendar quarter. Subject

 

to section 6, 12/17 of the distribution under this subdivision

 

shall be distributed to each local health department as defined in

 

section 1105 of the public health code, 1978 PA 368, MCL 333.1105,

 

in the county receiving the distribution on a per capita basis,

 

based on the most recent decennial census, to be used only for

 

public health prevention programs and services. This distribution

 

is in addition to and is not intended as a replacement for any

 

other state or county payments to these health departments. This

 

distribution satisfies the requirements of former section 7a(3) of

 

1947 PA 265. The remaining 5/17 of the distribution shall be used

 

only for 1 or more of the following:

 

     (i) The operation, maintenance, or expansion of an existing

 

county jail facility or juvenile facility.

 

     (ii) The acquisition, construction, and equipping of a new jail

 

facility or juvenile facility.

 

     (iii) Court operations.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 585.

 

     (b) Senate Bill No. 587.

 

     (c) Senate Bill No. 588.