Bill Text: MI HB5189 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Appropriations; supplemental; funding for state emergency relief services; provide for. Creates new act.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-05-01 - Assigned Pa 107'12 With Immediate Effect [HB5189 Detail]
Download: Michigan-2011-HB5189-Engrossed.html
HB-5189, As Passed Senate, April 26, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5189
A bill to make, supplement, and adjust appropriations for
various state departments and agencies for the fiscal year ending
September 30, 2012; to provide for the expenditure of the
appropriations; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the various state
departments and agencies to supplement appropriations for the
fiscal year ending September 30, 2012, from the following funds:
APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 0
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 0
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..................... $ 0
Sec. 102. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.................................... $ 0
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental
transfers............................................ 0
ADJUSTED GROSS APPROPRIATION........................... $ 0
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..................... $ 0
(2) REVENUE SHARING
Economic vitality incentive program.................... $ (200,000,000)
Economic vitality incentive program.................... 200,000,000
Economic vitality incentive program, 1-time basis only. (15,000,000)
Economic vitality incentive program, 1-time basis only. 15,000,000
GROSS APPROPRIATION.................................... $ 0
Appropriated from:
Special revenue funds:
Sales tax revenue...................................... 0
State general fund/general purpose..................... $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. In accordance with the provisions of section 30 of
article IX of the state constitution of 1963, total state spending
from state resources in this appropriation act for the fiscal year
ending September 30, 2012 is $0.00 and state appropriations paid to
local units of government are $0.00.
Sec. 202. The appropriations made and expenditures authorized
under this act and the departments, commissions, boards, offices,
and programs for which appropriations are made under this act are
subject to the management and budget act, 1984 PA 431, MCL 18.1101
to 18.1594.
DEPARTMENT OF HUMAN SERVICES
Sec. 301. The department shall administer licensing and
regulation of licensees with the highest priority given to
licensing activities that present the highest risk to vulnerable
children or adults receiving services of licensees.
DEPARTMENT OF TREASURY
Sec. 402. (1) From the funds appropriated in fiscal year 2011-
2012 to the economic vitality incentive program, $5,000,000.00 is
to be used for assistance grants to cities, villages, townships,
and counties to offset the costs associated with mergers,
interlocal agreements, and cooperative efforts for those cities,
villages, townships, and counties that elect to combine government
operations. Grant funding shall be available for mergers,
interlocal agreements, and cooperative efforts that occur on or
after October 1, 2011. The department of treasury shall develop an
application process and method of grant distribution.
(2) From the funds appropriated in fiscal year 2011-2012 to
the economic vitality incentive program, $210,000,000.00 is to be
used for grants to cities, villages, and townships such that,
subject to fulfilling the requirements under subsection (3)(a),
(b), or (c), each city, village, or township that received a
payment under section 950(2) of 2009 PA 128, greater than $4,500.00
will be eligible to receive a maximum of 67.837363% of its total
payment received under section 950(2) of 2009 PA 128, rounded to
the nearest dollar. For the purposes of this subsection, any city
or village that according to the 2010 federal decennial census is
determined to have population in more than 1 county will be treated
as a single entity when determining the payment received under
section 950(2) of 2009 PA 128.
(3) Cities, villages, and townships eligible to receive a
potential payment from the allocation under subsection (2) may
qualify to receive economic vitality incentive program payments
under 1 or more of the following 3 categories:
(a) Category 1, accountability and transparency, requires each
eligible city, village, or township to certify that by December 1,
2011, it has produced, and has made readily available to the
public, a citizen's guide and a performance dashboard of its local
finances, including a recognition of its unfunded liabilities. Each
city, village, and township applying for a payment under this
category shall submit a copy of the citizen's guide and a copy of
the performance dashboard to the department of treasury by December
1, 2011.
(b) Category 2, consolidation of services, requires each
eligible city, village, or township to certify that by March 1,
2012, it has a plan with 1 or more proposals to increase its
existing level of cooperation, collaboration, and consolidation,
either within the jurisdiction or with other jurisdictions. A plan
shall include a listing of any previous services consolidated with
the cost savings realized from each consolidation and an estimate
of the potential savings for any new service consolidations being
planned. A plan shall be made readily available to the public. Each
city, village, and township applying for a payment under this
subdivision shall submit a copy of the cooperation, collaboration,
and consolidation plan to the department of treasury.
(c) Category 3, employee compensation, requires each eligible
city, village, or township to meet 1 of the following requirements:
(i) Certify that by June 1, 2012, it has developed and
publicized an employee compensation plan that the city, village, or
township intends to implement with any new, modified, or extended
contract or employment agreements for employees not covered under
contract or employment agreement. The employee compensation plan
that each city, village, or township plans to achieve shall be made
available for public viewing in the city, village, or township
clerk's office or posted on a publicly accessible Internet site and
must be submitted to the department of treasury. At a minimum, the
employee compensation plan shall include all of the following:
(A) New hires that are eligible for retirement plans are
placed on retirement plans that cap annual employer contributions
at 10% of base salary for employees that are eligible for social
security benefits. For employees that are not eligible for social
security benefits, the annual employer contribution is capped at
16.2% of base salary.
(B) For defined benefit pension plans, a maximum multiplier of
1.5% for all employees that are eligible for social security
benefits, except, where postemployment health care is not provided,
the maximum multiplier shall be 2.25%. For all employees that are
not eligible for social security benefits, a maximum multiplier of
2.25%, except, where postemployment health care is not provided,
the maximum multiplier shall be 3.0%.
(C) For defined benefit pension plans, final average
compensation for all employees is calculated using a minimum of 3
years of compensation and shall not include more than a total of
House Bill No. 5189 as amended April 26, 2012
240 hours of paid leave. Overtime hours shall not be used in
computing the final average compensation for an employee.
(D) Health care premium costs for new hires shall include a
minimum employee share of 20%; or, an employer's share of the local
health care plan costs shall be cost competitive with the new state
preferred provider organization health plan, on a per-employee
basis.
(ii) Comply with 1 of the following:
(A) Any eligible city, village, or township that offers
medical benefits to its employees or elected public officials shall
certify to the department of treasury by June 1, 2012<<
>> that it is in compliance <<
>> with the publicly funded health insurance contribution act,
2011 PA 152, MCL 15.561 to 15.569. Dental and vision coverages are
not considered <<medical>> benefits. The department shall develop a
certification process and method for cities, villages, and
townships to follow.
(B) Any city, village, or township that does not offer medical
benefits to its employees or elected public officials shall certify
to the department of treasury by June 1, 2012<<
>> that it does not offer <<medical>> benefits to its
employees or elected public officials. Dental and vision coverages
are not considered <<medical>> benefits. The department shall
develop a certification process and method for cities, villages,
and townships to follow.
(4) Economic vitality incentive program payments are subject
to the following conditions:
(a) Except as provided in subsection (d), in order for a city,
village, or township to qualify for a category under subsection
(3)(a), (b), or (c), the city, village, or township shall meet
every criteria for that category including a certification to the
department that it has met the required criteria for that category
and submission of the required citizen's guide and performance
dashboard; cooperation, collaboration, and consolidation plan; or
employee compensation plan or certification of compliance with the
publicly funded health insurance contribution act, 2011 PA 152, MCL
15.561 to 15.569, as required by subsection (3)(a), (b), or (c),
respectively. A department of treasury review of the citizen's
guide, dashboard, or plan is not required in order for a city,
village, or township to receive a payment under subsection (2). The
department shall develop a certification process and method for
cities, villages, and townships to follow.
(b) For each category that a city, village, or township
qualifies for in subsection (3), the city, village, or township
shall receive 1/3 of its potential economic vitality incentive
program payment amount calculated in subsection (2).
(c) Payments under this section shall be issued to cities,
villages, and townships for each category in subsection (3) until
the specified due date for the category. After the specified due
date for the category, payments shall be made to a city, village,
or township only if that city, village, or township has complied
with subdivision (a).
(d) If a city, village, or township does not provide the
required certification or fails to submit the required citizen's
guide and performance dashboard; cooperation, collaboration, and
consolidation plan; or employee compensation plan or certification
of compliance with the publicly funded health insurance
contribution act, 2011 PA 152, MCL 15.561 to 15.569, by the first
day of a payment month, the city, village, or township shall
forfeit the payment in that payment month for the uncertified
category in subsection (3), except that a city, village, or
township that certifies and submits the required documents under
subsection (3)(a) by December 1, 2011 shall not forfeit any
payments.
(e) Any local unit that falsifies certification documents
shall forfeit any future economic vitality incentive program
payments and shall repay this state all economic vitality incentive
program payments it has received.
(f) Payments under this section shall be distributed on the
last business day of October, December, February, April, June, and
August.
(g) Payments distributed under this section may be withheld
pursuant to sections 17a and 21 of the Glenn Steil state revenue
sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921.
(5) The unexpended funds appropriated in this section for the
economic vitality incentive program are designated as work project
appropriations and any unencumbered or unallotted funds shall not
lapse at the end of the fiscal year and shall continue to be
available for expenditure for projects under subsection (1) until
the projects have been completed. The following is in compliance
with section 451a of the management and budget act, 1984 PA 431,
MCL 18.1451a:
(a) The purpose of the projects is to provide incentive-based
grants to recipients under subsection (1).
(b) The projects will be accomplished by grants to qualified
governmental units.
(c) The total estimated cost of all projects is
$215,000,000.00.
(d) The tentative completion date is September 30, 2016.
REPEALERS
Enacting section 1. (1) Section 402 of 2011 PA 278 is
repealed.
(2) Section 311 of article X of 2011 PA 63 is repealed.
