SB-1633, As Passed Senate, December 10, 2008
November 12, 2008, Introduced by Senators THOMAS and CLARK-COLEMAN and referred to the Committee on Commerce and Tourism.
A bill to amend 1987 PA 264, entitled
"Health and safety fund act,"
by amending sections 3 and 5 (MCL 141.473 and 141.475), as amended
by 1998 PA 529.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The health and safety fund is created in the state
treasury.
(2) The state treasurer shall credit the health and safety
fund with deposits of proceeds from the excise tax on cigarettes
under
section 12(3)(a) 12(3) of the tobacco products tax act, 1993
PA 327, MCL 205.432.
(3) Money in the health and safety fund at the close of the
fiscal year shall remain in the health and safety fund and shall
not lapse to the general fund.
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 fiscal year after that:
(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) 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) 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 2000 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.
(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 2000 decennial census, bears to the total
population of all counties receiving distribution under this
subdivision,
according to the most recent 2000
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 2000 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.