Michigan Laws 333.26336 – Disposition and use of monetary consideration; appropriation; expenditures; retention of unexpended money in pharmaceutical products fund; administration of fund by community public health agency
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(1) The monetary consideration received under this act for the conveyance of the assets shall be deposited in the pharmaceutical products fund and, except as otherwise provided in this section, shall be used solely for the purchase of vaccines and other biologic products necessary to promote and protect the public health.
(2) The money in the pharmaceutical products fund not needed to fund the appropriations made by Act No. 364 of the Public Acts of 1996 for the 1996-97 state fiscal year is appropriated for the following purposes and in the following order of priority:
Terms Used In Michigan Laws 333.26336
- Assets: means all or part of the following that are associated with the institute and are subject to conveyance under this act:
(i) Real property, including all rights to coal, oil, gas, and other materials, and all rights to sand, gravel, clay, and other nonmetallic minerals, found on, within, or under real property conveyed under this act, except that the agreement for the conveyance of the assets and liabilities of the institute entered into under this act shall specify that the state shall receive not less than 1/2 of the net royalties from the development, if any, of coal, oil, gas, or other minerals on or under the real estate. See Michigan Laws 333.26333Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Commission: means the Michigan biologic products commission established by Executive Order 1995-25, pursuant to section 4 of article V of the state constitution of 1963, and by section 3b. See Michigan Laws 333.26333 Conveyance: means sale, transfer, assignment, or other disposition. See Michigan Laws 333.26333 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Institute: means the Michigan biologic products institute established by Executive Order 1995-25, pursuant to section 4 of article V of the state constitution of 1963, and by section 3a. See Michigan Laws 333.26333 Pharmaceutical products fund: means the pharmaceutical products fund established under section 9112 of the public health code, MCL 333. See Michigan Laws 333.26333 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State administrative board: means the state administrative board created under 1921 PA 2, MCL 17. See Michigan Laws 333.26333
(a) Payment of fees associated with the services provided by a selling agent in marketing the assets, if such services are retained and used by the commission.
(b) For payment of accrued sick and annual leave time to employees of the institute upon separation of employment from the state if current fiscal year appropriations available for that purpose are insufficient.
(c) For reimbursement of the state for payouts for accrued sick and annual leave time from current fiscal year appropriations available for that purpose to employees of the institute upon separation of employment from the state.
(d) To reimburse the state employees’ retirement system for the actuarial cost of providing an optional early-out program for employees of the institute whose combined age and service credit equal 70 or greater, regardless of age, on the date of separation of employment from the state.
(e) Separation costs including, but not limited to, expenses incurred in moving non-institute employee work stations and other equipment in to other state office locations and converting the facilities of the institute to private operations.
(f) To pay other costs related to the negotiation and closing of the agreement for the conveyance of the assets, including title insurance and any opinions or reports required by the state administrative board, and the fees of attorneys and consultants used to develop and complete the conveyance.
(3) There is appropriated an additional $2,000,000.00 for the institute for the fiscal year ending September 30, 1997 for the construction of phase 1-B of the renovations to building 16 for regulatory compliance purposes. Of the $2,000,000.00, $630,000.00 is appropriated from other federal revenues and $1,370,000.00 is appropriated from biologic product sales and other revenue.
(4) The amounts that can be expended for the purposes prescribed in subsection (2)(a), (e), and (f) shall not exceed $2,500,000.00. The amounts that can be expended for the purposes prescribed in subsection (2)(b), (c), and (d) shall not exceed $2,500,000.00.
(5) All unexpended money of the pharmaceutical products fund shall be retained in the pharmaceutical products fund at the end of the fiscal year in which the conveyance of the assets is completed. After the conveyance is completed, the community public health agency within the department of community health shall administer the pharmaceutical products fund.