2023 House Bill 4281

Appropriations: department of insurance and financial services; appropriations for fiscal year 2023-2024; provide for.

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2024; and to provide for the expenditure of the appropriations.

Mackinac Center Analysis

An appropriations bill for the Department of Insurance and Financial Services for FY '24.

Introduced in the House

March 14, 2023

Introduced by Rep. Phil Skaggs (D-80)

Referred to the Committee on Appropriations

April 26, 2023

Reported with substitute H-1

May 10, 2023

Substitute H-1 concurred in by voice vote

Amendment offered by Rep. Angela Rigas (R-79)

1. Amend page 10, line 28, by striking out all of section 222 and inserting:

“Sec. 222. Funding appropriated in part 1 must not be used to require actions related to diversity, equity, and inclusion (DEI); to restrict or impede any community’s access to government resources, programs, or facilities; or to diminish, interfere with, or restrict an individual’s ability to exercise rights as outlined under the state constitution of 1963.”.

The amendment failed by voice vote

Amendment offered by Rep. Bill Schuette (R-95)

1. Amend page 8, line 2, after “exceed” by striking out “$1,000,000.00” and inserting “$200,000.00”.

2. Amend page 8, line 8, after “exceed” by striking out “$5,000,000.00” and inserting “$1,000,000.00”.

3. Amend page 9, line 15, by striking out all of section 216 and inserting:

“Sec. 216. (1) On a quarterly basis, the department shall report to the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies the following information:

(a) The number of FTEs in pay status by type of staff and civil service classification.

(b) A comparison by line item of the number of FTEs authorized from funds appropriated in part 1 to the actual number of FTEs employed by the department at the end of the reporting period.

(2) By March 1 of the current fiscal year, the department shall report to the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies the following information:

(a) Number of employees that were engaged in remote work in 2023.

(b) Number of employees authorized to work remotely and the actual number of those working remotely in the current reporting period.

(c) Estimated net cost savings achieved by remote work.

(d) Reduced use of office space associated with remote work.”.

4. Amend page 10, following line 13, by inserting:

“(b) Maintain an internet site that posts any severance pay in excess of 6 weeks of wages, regardless of the position held by the former department employee receiving severance pay.” and relettering remaining subdivision accordingly.

5. Amend page 11, following line 15, by inserting:

“Sec. 225. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2024 are estimated at $8,633,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $5,680,500.00. Total agency appropriations for retiree health care legacy costs are estimated at $2,952,800.00.

Sec. 226. 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 chamber, intertransfer funds within this act for the particular department, board, commission, officer, or institution.

Sec. 227. (1) Any department, agency, board, commission, or public officer that receives funding under part 1 shall not:

(a) Require as a condition of accessing any facility or receiving services that an individual provide proof that he or she has received a COVID-19 vaccine except as provided by federal law or as a condition of receiving federal Medicare or Medicaid funding.

(b) Produce, develop, issue, or require a COVID-19 vaccine passport.

(c) Develop a database or make any existing database publicly available to access an individual’s COVID-19 vaccine status by any person, company, or governmental entity.

(d) Require as a condition of employment that an employee or official provide proof that he or she has received a COVID-19 vaccine. This subdivision does not apply to any hospital, congregate care facility, or other medical facility or any hospital, congregate care facility, or other medical facility operated by a local subdivision that receives federal Medicare or Medicaid funding.

(2) A department, agency, board, commission, or public officer may not subject any individual to any negative employment consequence, retaliation, or retribution because of that individual’s COVID-19 vaccine status.

(3) Subsection (1) does not prohibit any person, department, agency, board, commission, or public officer from transmitting proof of an individual’s COVID-19 vaccine status to any person, company, or governmental entity, so long as the individual provides affirmative consent.

(4) If a department, agency, board, commission, subdivision, or official or public officer is required to establish a vaccine policy due to a federal mandate, it must provide exemptions to any COVID-19 vaccine policy to the following individuals:

(a) An individual for whom a physician certifies that a COVID-19 vaccine is or may be detrimental to the individual’s health or is not appropriate.

(b) An individual who provides a written statement to the effect that the requirements of the COVID-19 vaccine policy cannot be met because of religious convictions or other consistently held objection to immunization.

(5) As used in this section, “public officer” means a person appointed by the governor or another executive department official or an elected or appointed official of this state or a political subdivision of this state.

Sec. 228. The department shall submit a report to the subcommittees, the senate and house fiscal agencies, and the state budget office by September 30 detailing any expenditure of funds for a television or radio production that was made to a third-party vendor in the fiscal year ending September 30, 2024. The report must include all of the following information for each expenditure:

(a) Total amount of the expenditure.

(b) Fund source for the expenditure.

(c) Name of any vendor that created the production and the amount paid to each vendor.

(d) Purpose of the production.”.

The amendment failed by voice vote

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

May 11, 2023

Referred to the Committee of the Whole

May 17, 2023

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Passed in the Senate 20 to 18 (details)

Received in the House

May 17, 2023

June 6, 2023

Substitute S-1 not concurred in 52 to 54 (details)

June 8, 2023

Referred to the Committee of Conference