The House was called to order by the Speaker.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--e/d/s

Geiger--present

Gernaat--present

Gilmer--present

Gire--excused

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--excused

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--excused

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--absent

Wallace--present

Wetters--e/d/s

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. Vera Rison, from the 48th District, offered the following invocation:

 

"Father God, We come this morning giving You all the praise and to thank You for life, health, and strength. We ask You this morning to give us the knowledge that we need to lead the people. Guide us, teach us, and show us the way. We ask You to make us strong in our decision-making and to make decisions for the right reasons, even if we have to stand alone. We ask You for this blessing. Amen."

 

 

 

Rep. Dobronski moved that Reps. Parks, Gire and Murphy be excused from today's session.

The motion prevailed.

 

 

 

 

July 8, 1997

 

In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.

 

 

 

Rep. DeHart moved that Rep. Kelly be excused temporarily from today's session.

The motion prevailed.

 

Rep. Thomas moved that Reps. Kilpatrick and Griffin be excused temporarily from today's session.

The motion prevailed.

 

Rep. Gustafson moved that Rep. Rhead be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House the conference report relative to

House Bill No. 4219, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1201, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1214, 1217, and 1218 (MCL 339.1201, 339.1204, 339.1205, 339.1206, 339.1207, 339.1208, 339.1209, 339.1210, 339.1211, 339.1214, 339.1217, and 339.1218), sections 1204, 1205, 1207, 1208, 1209, 1211, and 1214 as amended by 1988 PA 463, and by adding sections 1203a and 1203b; and to repeal acts and parts of acts.

(The conference report was reported by the conference committee on July 3, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 64, p. 1692.)

The question being on the adoption of the conference report,

The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 710 Yeas--94

 

 

Dalman Jaye

 

 

Nays--3

 

 

Kaza Nye Whyman

 

 

In The Chair: Hertel

 

 

The Speaker laid before the House the conference report relative to

House Bill No. 4220, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 25 (MCL 338.2225), as amended by 1988 PA 461.

(The conference report was reported by the conference committee on July 3, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 64, p. 1693.)

The question being on the adoption of the conference report,

The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 711 Yeas--90

 

 

Dalman Jaye

 

 

Nays--7

 

 

Bogardus Goschka Nye Whyman

Frank Kaza Quarles

 

 

In The Chair: Hertel

 

 

 

The Speaker called Acting Speaker DeHart to the Chair.

 

Rep. Gagliardi moved that Rep. Hertel be excused temporarily from today's session.

The motion prevailed.

 

 

The Speaker laid before the House the conference report relative to

Senate Bill No. 114, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 1996 PA 10 and section 2950a as amended by 1994 PA 404.

(The conference report was received from the Senate on July 3, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 64, p. 1694.)

The question being on the adoption of the conference report,

The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 712 Yeas--95

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

 

Rep. Galloway entered the House Chambers.

 

 

 

 

The Speaker laid before the House

House Bill No. 4700, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending the title and sections 1 and 2 (MCL 28.291 and 28.292), section 2 as amended by 1996 PA 204, and by adding sections 1a, 5a, 6, 7, 8, 9, and 10.

(The bill was received from the Senate on July 2, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 3, see House Journal No. 63, p. 1578.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 713 Yeas--98

 

 

DeHart Johnson

 

 

In The Chair: DeHart

 

 

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

 

 

Rep. Freeman moved that Rep. Emerson be excused temporarily from today's session.

The motion prevailed.

 

 

The Speaker laid before the House

House Bill No. 4701, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208, 221, 232, and 903 (MCL 257.208, 257.221, 257.232, and 257.903), section 208 as amended by 1996 PA 471 and section 903 as amended by 1992 PA 309, and by adding sections 40b, 208a, 208b, 208c, and 208d.

(The bill was received from the Senate on July 2, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 3, see House Journal No. 63, p. 1578.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 714 Yeas--99

 

 

 

 

 

 

In The Chair: DeHart

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

By unanimous consent the House returned to the order of

 

 

The Committee on Advanced Technology and Computer Development, by Rep. Brewer, Chair, reported

Senate Bill No. 637, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 375.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

SB 637 To Report Out:

Yeas: Reps. Brewer, Basham, Quarles, Kaza, Hammerstrom,

Nays: None.

 

 

 

The following report, submitted by Rep. Brewer, Chair of the Committee on Advanced Technology and Computer Development, was received and read:

Meeting held on: Tuesday, July 8, 1997, at 9:15 a.m.,

Present: Reps. Brewer, Basham, Quarles, Kaza, Hammerstrom,

Absent: Reps. Anthony, Baird, Walberg, Whyman,

Excused: Reps. Anthony, Baird, Walberg, Whyman.

 

 

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

Senate Bill No. 319, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 221, 232, and 903 (MCL 257.221, 257.232, and 257.903), section 903 as amended by 1992 PA 309, and by adding section 208d.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

SB 319 To Report Out:

Yeas: Reps. Brater, DeHart, Brown, Crissman, Birkholz, Cropsey,

Nays: None.

 

 

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

Senate Bill No. 534, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80104, 80129, 80130, 80301, 80310, 80315, 81101, 81113, 81114, 81120, 82101, 82113, and 82156 (MCL 324.80104, 324.80129, 324.80130, 324.80301, 324.80310, 324.80315, 324.81101, 324.81113, 324.81114, 324.81120, 324.82101, 324.82113, and 324.82156), as added by 1995 PA 58, and by adding sections 80130a, 80130b, 80130c, 80130d, 80315a, 80315b, 80315c, 80319a, 81114a, 81114b, 81114c, 82156a, 82156b, 82156c, and 82160.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 5, line 16, after "PART." by inserting "FOR EACH INDIVIDUAL RECORD LOOKED UP, THE SECRETARY OF STATE SHALL CHARGE A FEE SPECIFIED ANNUALLY BY THE LEGISLATURE, OR IF NONE, A MARKET-BASED PRICE ESTABLISHED BY THE SECRETARY OF STATE. THE SECRETARY OF STATE SHALL PROCESS A COMMERCIAL LOOKUP REQUEST ONLY IF THE REQUEST IS IN A FORM OR FORMAT PRESCRIBED BY THE SECRETARY OF STATE.".

2. Amend page 14, line 20, after "PART." by inserting "FOR EACH INDIVIDUAL RECORD LOOKED UP, THE SECRETARY OF STATE SHALL CHARGE A FEE SPECIFIED ANNUALLY BY THE LEGISLATURE, OR IF NONE, A MARKET-BASED PRICE ESTABLISHED BY THE SECRETARY OF STATE.".

3. Amend page 28, line 9, after "PART." by inserting "FOR EACH INDIVIDUAL RECORD LOOKED UP, THE SECRETARY OF STATE SHALL CHARGE A FEE SPECIFIED ANNUALLY BY THE LEGISLATURE, OR IF NONE, A MARKET-BASED PRICE ESTABLISHED BY THE SECRETARY OF STATE.".

4. Amend page 41, line 17, after "PART." by inserting "FOR EACH INDIVIDUAL RECORD LOOKED UP, THE SECRETARY OF STATE SHALL CHARGE A FEE SPECIFIED ANNUALLY BY THE LEGISLATURE, OR IF NONE, A MARKET-BASED PRICE ESTABLISHED BY THE SECRETARY OF STATE.".

The bill and amendments were referred to the order of Second Reading of Bills.

 

 

 

SB 534 To Report Out:

Yeas: Reps. Brater, DeHart, Brown, Crissman, Birkholz, Cropsey,

Nays: None.

 

 

 

The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:

Meeting held on: Tuesday, July 8, 1997, at 9:00 a.m.,

Present: Reps. Brater, DeHart, Brown, Crissman, Birkholz, Cropsey,

Absent: Reps. Freeman, Gire, Law,

Excused: Reps. Freeman, Gire, Law.

 

 

 

 

Senate Bill No. 319, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 221, 232, and 903 (MCL 257.221, 257.232, and 257.903), section 903 as amended by 1992 PA 309, and by adding section 208d.

The bill was read a second time.

Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 319, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 221, 232, and 903 (MCL 257.221, 257.232, and 257.903), section 903 as amended by 1992 PA 309, and by adding section 208d.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 715 Yeas--97

 

 

DeHart

 

 

Nays--1

 

 

Jaye

 

 

In The Chair: DeHart

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,"

The House agreed to the full title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Senate Bill No. 534, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80104, 80129, 80130, 80301, 80310, 80315, 81101, 81113, 81114, 81120, 82101, 82113, and 82156 (MCL 324.80104, 324.80129, 324.80130, 324.80301, 324.80310, 324.80315, 324.81101, 324.81113, 324.81114, 324.81120, 324.82101, 324.82113, and 324.82156), as added by 1995 PA 58, and by adding sections 80130a, 80130b, 80130c, 80130d, 80315a, 80315b, 80315c, 80319a, 81114a, 81114b, 81114c, 82156a, 82156b, 82156c, and 82160.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Consumer Protection (for amendments, see today's Journal, p. 1707),

The amendments were adopted, a majority of the members serving voting therefor.

Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 534, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80104, 80129, 80130, 80301, 80310, 80315, 81101, 81113, 81114, 81120, 82101, 82113, and 82156 (MCL 324.80104, 324.80129, 324.80130, 324.80301, 324.80310, 324.80315, 324.81101, 324.81113, 324.81114, 324.81120, 324.82101, 324.82113, and 324.82156), as added by 1995 PA 58, and by adding sections 80130a, 80130b, 80130c, 80130d, 80315a, 80315b, 80315c, 80319a, 81114a, 81114b, 81114c, 82156a, 82156b, 82156c, and 82160.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 716 Yeas--98

 

 

DeHart Jellema

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

House Resolution No. 121.

A resolution to urge the Department of Natural Resources to refrain from conducting September lease sales of mineral rights on state-owned land pending legislative review of procedures.

(For text of resolution, see House Journal No. 62, p. 1551.)

(The resolution was reported by the Committee on Forestry and Mineral Rights on July 2, consideration of which was postponed until July 3 under the rules.)

The question being on the adoption of the resolution,

The resolution was adopted, a majority of the members serving voting therefor.

 

 

 

 

House Bill No. 4654, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 103, 111, 121, and 124 (MCL 389.103, 389.111, 389.121, and 389.124).

The bill was read a second time.

Rep. LeTarte moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4654, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 103, 111, 121, and 124 (MCL 389.103, 389.111, 389.121, and 389.124).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 717 Yeas--96

 

 

 

 

Nays--1

 

 

Richner

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 4080, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21004 (MCL 333.21004), as amended by 1982 PA 354, and by adding section 21053c.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Insurance,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Crissman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4080, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21004 (MCL 333.21004), as amended by 1982 PA 354, and by adding section 21053c.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 718 Yeas--101

 

 

DeVuyst

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21004 (MCL 333.21004), as amended by 1982 PA 354.

The motion prevailed.

The House agreed to the title as amended.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Baade, Baird, Basham, Birkholz, Bogardus, Cassis, Curtis, Dalman, DeHart, Dobb, Dobronski, Freeman, Gagliardi, Gernaat, Gubow, Jelinek, Kukuk, LaForge, Law, Martinez, Middleton, Nye, Oxender, Profit, Quarles, Richner, Rison, Rocca, Schauer, Schroer, Scott, Thomas, Vaughn, Voorhees and Wallace were named co-sponsors of the bill.

 

By unanimous consent the House returned to the order of

 

 

 

 

1. Amend page 1, line 1, by striking out all of section 101 and inserting:

"Sec. 101. There is appropriated for the department of community health for the fiscal year ending September 30, 1998, from the following funds:

DEPARTMENT OF COMMUNITY HEALTH

DEPARTMENTWIDE ADMINISTRATION

EXECUTIVE PROGRAM

EARLY RETIREMENT SAVINGS

FEDERAL AND PRIVATE FUNDED PROJECTS

FAMILY AND CONSUMER SUPPORT SERVICES

COMMUNITY MENTAL HEALTH SERVICES PROGRAMS

INSTITUTIONAL SERVICES

STATE PSYCHIATRIC HOSPITALS

STATE PSYCHIATRIC HOSPITALS FOR CHILDREN AND ADOLESCENTS

STATE CENTERS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES

FORENSIC AND PRISON MENTAL HEALTH SERVICES

EXECUTIVE SERVICES

INFECTIOUS DISEASE CONTROL ADMINISTRATION

INFECTIOUS DISEASE CONTROL

LABORATORY SERVICES

ENVIRONMENTAL HEALTH ADMINISTRATION AND SUPPORT SERVICES

HEALTH SYSTEMS ADMINISTRATION

HEALTH SYSTEMS LOCAL GRANTS

CENTER FOR HEALTH PROMOTION

BUREAU OF CHILD AND FAMILY SERVICES

CHILD AND FAMILY SERVICES GRANTS

CHILDREN'S SPECIAL HEALTH CARE SERVICES

SUBSTANCE ABUSE PROGRAM ADMINISTRATION

SUBSTANCE ABUSE GRANTS AND CONTRACTS

OFFICE OF DRUG CONTROL POLICY

OFFICE OF SERVICES TO THE AGING

MEDICAL SERVICES ADMINISTRATION

MEDICAL SERVICES

2. Amend page 23, line 21, by striking out all of section 102.

3. Amend page 24, line 17, after "at" by striking out "$2,880,335,100.00" and inserting "$2,807,332,100.00".

4. Amend page 24, line 24, by striking out "13,401,200" and inserting "6,393,700".

5. Amend page 25, line 3, by striking out "763,432,600" and inserting "747,925,600".

6. Amend page 25, line 4, by striking out all of line 4.

7. Amend page 26, line 19, by striking out "12,048,000" and inserting "11,621,400".

8. Amend page 27, line 2, by striking out "1,005,707,600" and inserting "982,016,500".

9. Amend page 27, line 9, after "this" by striking out "bill" and inserting "act".

10. Amend page 27, line 13, by striking out all of section 204 and inserting:

"Sec. 204. As used in this act:

11. Amend page 29, line 7, after "are" by inserting "funded with".

12. Amend page 29, line 23, after "act," by striking out "1936" and inserting "1939".

13. Amend page 30, line 6, by striking out "20,600,000" and inserting "20,552,000".

14. Amend page 30, line 7, by striking out "6,300,000" and inserting "6,587,500".

15. Amend page 30, line 8, by striking out "59,700,000" and inserting "58,057,700".

16. Amend page 30, line 9, by striking out "35,147,800" and inserting "34,811,000".

17. Amend page 30, line 16, after "the" by striking out "appropriations units" and inserting "line items".

18. Amend page 30, line 21, after "the" by striking out the balance of the line and inserting "line items in section 101 of the fiscal year 1998-99 executive budget proposal.".

19. Amend page 33, line 1, after "Sec. 217." by striking out "Money" and inserting "Funds".

20. Amend page 33, line 3, after "available." by striking out the balance of the section.

21. Amend page 33, line 19, after "measures" by striking out the balance of the section and inserting a period.

22. Amend page 33, line 23, after "Sec. 219." by striking out "(1)".

23. Amend page 33, line 24, after "the" by striking out the balance of the line through "resulting" on line 25 and inserting "savings".

24. Amend page 34, line 2, after "MCL 18.1393," by striking out the balance of the section and inserting "to apply retirement costs and salary and fringe benefit savings to the appropriated line items affected by the early retirement of state employees.".

25. Amend page 35, line 16, by striking out all of section 221.

26. Amend page 38, following line 13, by inserting:

"Sec. 222. (1) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $100,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

27. Amend page 40, line 21, after "of" by striking out "$60,000.00" and inserting "$9,000.00".

28. Amend page 40, line 22, after "services" by striking out the balance of the section and inserting a period.

29. Amend page 41, line 6, by striking out all of section 311.

30. Amend page 41, line 16, after "local" by striking out "CMHSP boards" and inserting "CMHSPs".

31. Amend page 41, line 19, after "(b)" by striking out "A continuum of mental health services" and inserting "A complete array of mental health services".

32. Amend page 41, line 20, after "residential" by striking out "care services".

33. Amend page 41, line 21, after "outpatient" by striking out "care" and inserting "services".

34. Amend page 41, line 22, by striking out "partial hospitalization,".

35. Amend page 41, line 22, after "inpatient" by striking out "care" and inserting "services".

36. Amend page 42, line 8, after "the" by striking out "board's" and inserting "CMHSP's".

37. Amend page 42, line 16, after "with" by striking out "CMHSP boards" and inserting "CMHSPs".

38. Amend page 42, line 20, after "to" by striking out "CMHSP" and inserting "CMHSPs".

39. Amend page 42, line 21, after "and" by striking out "CMHSP" and inserting "CMHSPs".

40. Amend page 43, line 1, after "to" by striking out "CMHSP" and inserting "CMHSPs".

41. Amend page 43, line 3, after the first "to" by striking out "CMHSP" and inserting "CMHSPs".

42. Amend page 43, line 7, after "CMHSP" by striking out "board".

43. Amend page 43, line 24, after "CMHSP" by striking out "board".

44. Amend page 44, line 2, after "of" by striking out "CMHSP" and inserting "CMHSPs".

45. Amend page 46, line 14, after "for" by striking out "CMHSP boards" and inserting "CMHSPs".

46. Amend page 46, line 16, after "by" by striking out the balance of the line through "boards" on line 17 and inserting "CMHSPs".

47. Amend page 46, line 20, after "individual" by striking out "CMHSP boards" and inserting "CMHSPs".

48. Amend page 46, line 22, after "all" by striking out the balance of the line through "boards" on line 23 and inserting "CMHSPs".

49. Amend page 46, line 24, after "with" by striking out the balance of the line through "boards" on line 26 and inserting "CMHSPs shall provide 3 days notice to the CMHSP of all committee and full board meetings and shall conduct all portions of meetings pertaining to CMHSPs".

50. Amend page 47, line 3, after "(1)" by striking out "From" and inserting "Effective January 1, 1998, from".

51. Amend page 47, line 8, after "by" by striking out "$1.00" and inserting "$0.75".

52. Amend page 47, line 22, by striking out all of section 410.

53. Amend page 48, line 8, after "for" by striking out "CMHSP" and inserting "CMHSPs".

54. Amend page 48, following line 26, by inserting:

"Sec. 504. Over the next 4 years, the department shall establish as a funding priority increases for residential service providers in order to assure the provision of quality services through a more stable workforce.".

55. Amend page 50, line 6, after "until" by striking out the balance of the line through "boards" on line 7 and inserting "CMHSPs".

56. Amend page 50, line 11, after "CMHSP" by striking out "board".

57. Amend page 50, line 21, after "to" by striking out "CMHSP boards" and inserting "CMHSPs".

58. Amend page 50, line 23, by striking out all of line 23 through line 11 of page 52 and inserting:

"Sec. 605. (1) The department, in conjunction with the CMHSPs, will continue to assure the provision of a complete array of services on a statewide basis. Such an array of services shall include, but is not limited to, residential and other individualized living arrangements, outpatient services, acute inpatient services, and long-term, 24-hour inpatient care in a structured, secure environment.

59. Amend page 54, line 8, by striking out all of section 903 and inserting:

"Sec. 903. The amount appropriated in section 101 for implementation of the 1993 amendments to sections 9161, 16221, 16226, 17014, 17015, and 17515 of the public health code, 1978 PA 368, MCL 333.9161, 333.16221, 333.16226, 333.17014, 333.17015, and 333.17515, shall reimburse local health departments for costs incurred related to implementation of section 17015(15) of the public health code, 1978 PA 368, MCL 333.17015.".

60. Amend page 55, line 8, after "(1)" by striking out the balance of the line through "funds" on line 9 and inserting "Funds appropriated in section 101 for state/local cost sharing".

61. Amend page 55, line 23, by striking out all of section 908.

62. Amend page 56, line 11, by striking out all of sections 909 and 910.

63. Amend page 57, line 4, after "breast" by striking out "and cervical" and inserting a comma and "cervical, and prostate".

64. Amend page 59, line 23, by striking out all of section 1010.

65. Amend page 60, following line 15, by inserting:

"Sec. 1012. The department shall apply to the federal health resources and services administration, maternal and child health bureau for a state planning grant to conduct statewide needs assessment and to develop a statewide plan for traumatic brain injury services and activities.

BUREAU OF CHILD AND FAMILY SERVICES

66. Amend page 62, line 26, after "allocations" by striking out the balance of the line through "resulting" on line 27.

67. Amend page 63, line 3, after "programs." by inserting "Using applicable federal definitions, the report shall include information on all of the following:

68. Amend page 66, line 2, after the first "of" by striking out the balance of the line and inserting "1992 PA 168.".

69. Amend page 66, line 12, by striking out all of lines 12 through 21 and inserting:

"(2) The department shall establish a fee schedule for providing substance abuse services and charge participants in accordance with their ability to pay. The mechanisms and fee schedule shall be developed by the department with input from substance abuse coordinating agencies.".

70. Amend page 67, line 18, by striking out all of section 1304 and inserting:

"Sec. 1304. The funding in section 101 for substance abuse services shall be distributed in a manner so as to provide priority to service providers which furnish child care services to clients with children.

71. Amend page 68, line 21, after "(1)" by inserting "Effective October 1, 1997, the pharmaceutical dispensing fee shall be $3.72 or the usual and customary cash charge, whichever is less.".

72. Amend page 68, following line 26, by inserting:

"(3) The copayments in subsections (1) and (2) may be waived for recipients who participate in a program of medical case management such as enrollment in a health maintenance organization or the primary physician sponsor plan program.

73. Amend page 69, line 8, after "1606." by striking out "Medical services adult" and inserting "Medicaid adult".

74. Amend page 69, line 11, after "utilization." by inserting "The department shall not impose utilization restrictions on chiropractic services unless a recipient has exceeded 18 office visits within 1 year.".

75. Amend page 70, line 8, after "coverage" by striking out the balance of the subsection and inserting a comma and "including medically necessary ancillary services, to individuals categorized as permanently residing under color of law and who meet either of the following requirements:

76. Amend page 70, line 14, by striking out all of subsection (2) and inserting:

"(2) The department may implement managed care programs for specialty mental health, substance abuse, and developmental disabilities services. Such programs shall be operated through CMHSPs and substance abuse coordinating agencies as specialty service carve-outs to maintain accountability for the system to local units of government and to preserve the services and supports for persons with severe and persistent mental illnesses, for persons with substance abuse addictions, and for persons with developmental disabilities.

77. Amend page 71, line 2, after "regarding" by striking out the balance of the subsection and inserting "grievance and appeals rights.".

78. Amend page 71, line 4, after "to" by striking out the balance of the subsection and inserting "qualified health plans shall be based on submitted documentation that indicates a recipient has a serious medical condition, and is undergoing active treatment for that condition with a physician who does not participate in 1 of the qualified health plans. If the person meets the criteria established by this subsection, the department shall grant an exception to mandatory enrollment at least through the current prescribed course of treatment, subject to periodic review of continued eligibility.".

79. Amend page 71, following line 21, by inserting:

"Sec. 1613. The department shall not implement a mail-order pharmacy program.".

80. Amend page 73, line 19, after "to" by striking out "$1.00" and inserting "$0.75".

81. Amend page 74, line 26, after "with" by inserting "part".

82. Amend page 75, line 20, by striking out all of subsection (3) and inserting:

"(3) The department may establish county-based, indigent health care programs that are at least equal in eligibility and coverage to the fiscal year 1996 state medical program.".

83. Amend page 76, line 15, after "(1)" by striking out the balance of the subsection and inserting "The department may establish a program for persons who work their way off welfare to purchase medical coverage at a rate determined by the department.".

84. Amend page 76, line 22, by striking out "medicaid" and inserting "medical".

85. Amend page 76, following line 23, by inserting:

"(3) The premiums described in this section shall be classified as private funds.".

86. Amend page 77, line 14, after the first "and" by striking out "ombudsman" and inserting "beneficiary".

87. Amend page 77, line 17, by striking out "ombudsman" and inserting "beneficiary".

88. Amend page 77, line 22, after "affected." by inserting "Exceptions may be considered in areas where at least 85% of all area providers are in 1 plan.".

89. Amend page 77, line 23, by striking out all of line 23 through line 9 of page 79 and inserting:

"(g) Maternal and infant support services shall continue to be provided through state-certified providers. The department shall continue to reimburse state-certified maternal and infant support services providers on a fee-for-service basis to be charged back to health plans until such time as health plans have contracts with state-certified providers.

90. Amend page 79, line 11, after "all" by inserting "qualified or".

91. Amend page 81, line 1, after "necessary" by striking out the balance of the subsection and inserting "and approved by the plan, immediately required, and which could not be reasonably obtained through the plan's providers on a timely basis. Such services shall be deemed approved if the plan does not respond to a request for authorization within 24 hours of the request. Reimbursement shall not exceed the medicaid fee-for-service payment for such services.".

92. Amend page 82, line 1, by striking out all of subsection (11) and inserting:

"(11) Medicaid qualified health plans shall develop written plans for providing nonemergency medical transportation services funded through supplemental payments made to the plans by the department, and shall include information about transportation in their member handbook.".

93. Amend page 82, line 5, after "department" by striking out "shall" and inserting "may".

94. Amend page 82, line 23, after "enrollment" by inserting a comma and "when practicable".

95. Amend page 83, line 4, by striking out "ombudsman" and inserting "beneficiary".

96. Amend page 83, line 10, after "enrollment" by striking out the balance of the subsection and inserting a period.

97. Amend page 83, line 13, after "an" by striking out the balance of the line through line 14 of page 84 and inserting "expedited complaint review procedure for medicaid eligible persons enrolled in qualified health plans for situations where failure to receive any health care service would result in significant harm to the enrollee." and renumbering the remaining subsections.

98. Amend page 84, line 17, after "complaints." by striking out the balance of the subsection and inserting "If warranted, the department shall immediately disenroll persons from managed care and approve fee-for-service coverage.".

99. Amend page 84, line 24, after "for" by striking out "ombudsman" and inserting "beneficiary".

100. Amend page 84, line 25, after "recipients" by inserting "in medicaid managed care plans".

101. Amend page 84, line 25, after "services." by inserting "The department may contract with the enrollment counseling service contractor to provide these beneficiary services.".

102. Amend page 84, line 26, after "may" by striking out the balance of the line through "services" on line 1 of page 85 and inserting "also contract with different organizations for beneficiary services".

103. Amend page 85, line 3, after "private" by striking out the balance of the line and inserting "organizations".

104. Amend page 85, line 5, after "through" by striking out the balance of the line through "Ombudsman" on line 7 and inserting "qualified health plans.

105. Amend page 85, line 12, by striking out all of line 12 through "ombudsman" on line 15 and inserting:

"(c) A report on beneficiary services".

106. Amend page 86, line 7, after "share" by striking out "(DSH)".

107. Amend page 86, line 8, after "education" by striking out "(GME)".

108. Amend page 86, line 12, by striking out all of subsection (2) and renumbering the remaining subsection.

109. Amend page 87, line 19, after "continuing" by striking out "medical" and inserting "medicaid".

110. Amend page 87, line 21, by striking out all of lines 21 through 27.

111. Amend page 88, line 4, after "for" by striking out the balance of the line through "abdomen" on line 9 and inserting "annual "well-woman" examinations and routine obstetrical and gynecologic services".

112. Amend page 88, line 13, by striking out all of section 1655.

113. Amend page 88, following line 15, by inserting:

"Sec. 1656. The department shall promote activities that preserve the dignity and rights of terminally ill and chronically ill individuals. Priority shall be given to programs, such as hospice, that focus on individual dignity and quality of care provided persons with terminal illness and programs serving persons with chronic illnesses that reduce the rate of suicide through the advancement of the knowledge and use of improved, appropriate pain management for these persons; and initiatives that train health care practitioners and faculty in managing pain, providing palliative care and suicide prevention.

114. Amend page 90, line 1, by striking out all of section 1706 and inserting:

"Sec. 1706. (1) Of the amount appropriated in section 101 to the office of services to the aging for community services, sufficient funds shall be allocated to fund statewide care management or case coordination projects in the following regions:

115. Amend page 91, line 1, by striking out all of section 1708.

116. Amend page 91, line 14, by striking out "$1,514,000.00" and inserting "$1,723,400.00".

117. Amend page 91, line 16, by striking out all of section 1711.

118. Amend page 91, following line 21, by inserting:

"Sec. 1713. The office of services to the aging shall award contracts and distribute funds only to those projects that are cost effective, meet minimum operational standards, and serve the greatest number of eligible people.

119. Amend page 93, line 1, by striking out all of lines 1 through 6.

 

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

Rep. Gagliardi moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the member's desks.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the conference report,

The conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 719 Yeas--66

 

 

DeHart Hood

 

 

Nays--35

 

 

 

 

In The Chair: DeHart

 

 

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Rep. Jaye, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

It is outrageous that this budget contains $4 million in health care for foreigners who refuse to become U.S. citizens. Over 1/2 of Michigan taxpayers don't have health care! Most of these foreigners don't want to become U.S. citizens because they'd lose their government pension from their native land. Other foreigners don't even want to be U.S. citizens because they don't like America, don't want to learn English, never want to become part of our U.S. community and only want to freeload off our welfare and economic opportunities. This budget also pays the health care benefits for people with AIDS but not people with any other non behavioral diseases like breast cancer, tumors and heart disease. Over 95% of people get AIDS through homosexual sex or illegal drug use, risky self destructive free will behavior."

 

Rep. Goschka, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'No' on House Bill 4306 because it contains a number of absolutely ludicrous provisions in which Michigan taxpayers foot the health care bill for thousands of foreign nationals who are not U.S. citizens, nor do they have any intention of doing so lest they lose their government pensions from their own country. They are individuals who all-too-often want little or nothing to do with the people or language of our country, but rather, they are here only to reap the benefits of our economy--on the backs of our hard working, taxpaying citizens.

We are also paying the health care premiums of those individuals with AIDS, a disease of choice 95% of the time. We ignore those with the various forms of cancer, cystic fibrosis, muscular dystrophy, heart disease, etc., but we are paying "through the nose," as it were, to pay for those whose lifestyles gave them their disease.

HB 4306 teaches bad values, and it places higher priority on sexual deviants and foreign nationals than it does on our own hard working, taxpaying, productive citizens.

Mr. Speaker and members, this bill further tears down America and her people, and I want no part of it."

 

 

 

 

The Speaker resumed the Chair.

 

Rep. Gagliardi questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

 

 

Roll Call No. 720 Yeas--102

 

 

DeVuyst Jelinek

 

 

In The Chair: Hertel

 

 

 

 

Senate Bill No. 637, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 375.

The bill was read a second time.

Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 637, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 375.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 721 Yeas--101

 

 

Dobb

 

 

In The Chair: Hertel

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date,"

The House agreed to the full title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Senate Bill No. 521, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Urban Policy and Economic Development,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Baade moved to amend the bill as follows:

1. Amend page 3, line 15, after "months" by inserting a comma and "OR 7 MONTHS IF THE APPLICATION WAS FILED BETWEEN SEPTEMBER 1, 1996 AND OCTOBER 31, 1996,".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

 

 

 

 

Acting Speaker DeHart resumed the Chair.

 

Rep. Gagliardi moved that Rep. Hertel be excused temporarily from today's session.

The motion prevailed.

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 10, following line 8, by inserting:

"Sec. 22. (1) A new industrial facilities exemption certificate shall not be approved and issued under this act after April 1, 1994, unless a written agreement is entered into between the local governmental unit and the person to whom the certificate is to be issued, and filed with the department of treasury.

(2) IN THE WRITTEN AGREEMENT DESCRIBED IN SUBSECTION (1), THE PERSON TO WHOM THE CERTIFICATE IS TO BE ISSUED SHALL MAKE SPECIFIC REPRESENTATIONS AS TO THE CAPITAL INVESTMENT, EQUIPMENT PURCHASE, AND THE NUMBER OF JOBS THE FACILITY WILL PROVIDE. THE WRITTEN AGREEMENT SHALL ALSO PROVIDE THAT IF IN ANY YEAR THE AMOUNT OF CAPITAL INVESTMENT, EQUIPMENT PURCHASE, OR NUMBER OF JOBS PROVIDED IS LESS THAN REPRESENTED IN THE WRITTEN AGREEMENT, THEN THE SPECIFIC TAX IMPOSED UNDER THIS ACT, EACH YEAR, SHALL BE INCREASED, AS DETERMINED BY THE COMMISSION, TO EQUAL THE AMOUNT OF GENERAL AD VALOREM PROPERTY TAX THAT THE FACILITY WOULD HAVE PAID IF THE FACILITY WAS NOT GRANTED AN ABATEMENT UNDER THIS ACT ADJUSTED BY THE COMMISSION TO REFLECT THE LEVEL OF COMPLIANCE WITH THE REPRESENTATIONS MADE IN THE WRITTEN AGREEMENT. IF THE OWNER OF THE FACILITY FULLY COMPLIES WITH THE REPRESENTATIONS MADE IN THE WRITTEN AGREEMENT, THEN THE COMMISSION SHALL MAKE THE ADJUSTMENT BY MULTIPLYING THE AMOUNT OF THE GENERAL AD VALOREM PROPERTY TAX THAT WOULD HAVE BEEN PAID BY ZERO. IF THE OWNER OF THE FACILITY FAILS COMPLETELY TO COMPLY WITH ALL OF THE REPRESENTATIONS MADE IN THE WRITTEN AGREEMENT, THE COMMISSION SHALL MAKE THE ADJUSTMENT BY MULTIPLYING THE AMOUNT OF GENERAL AD VALOREM PROPERTY TAX THAT WOULD HAVE BEEN PAID BY 1. IF THE OWNER OF THE FACILITY PARTIALLY COMPLIES WITH THE REPRESENTATIONS MADE IN THE WRITTEN AGREEMENT, THE COMMISSION SHALL MAKE THE ADJUSTMENT BY MULTIPLYING THE AMOUNT OF GENERAL AD VALOREM PROPERTY TAX THAT WOULD HAVE BEEN PAID BY AN APPROPRIATE PERCENTAGE, GREATER THAN ZERO AND LESS THAN 1, THAT REPRESENTS THE LEVEL OF PARTIAL COMPLIANCE WITH THE REPRESENTATIONS IN THE WRITTEN AGREEMENT. THE OWNER OF A FACILITY SHALL FILE A FORM PRESCRIBED BY THE COMMISSION THAT WILL AID THE COMMISSION IN MAKING THE ADJUSTMENT, IF ANY, UNDER THIS SUBSECTION.".

The question being on the adoption of the amendment offered by Rep. Jaye,

Rep. Jaye demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Jaye,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 722 Yeas--46

 

 

Cropsey Jaye

 

 

Nays--51

 

 

 

 

In The Chair: DeHart

 

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 10, following line 8, by inserting:

"(10) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THIS STATE SHALL NOT REIMBURSE A LOCAL UNIT OF GOVERNMENT ANY TAX REVENUE THAT IS ABATED BY THE LOCAL UNIT OF GOVERNMENT UNDER THIS ACT.".

The question being on the adoption of the amendment offered by Rep. Jaye,

Rep. Jaye demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Jaye,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 723 Yeas--47

 

 

 

 

Nays--52

 

 

 

 

In The Chair: DeHart

 

 

Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

 

 

 

Rep. Wetters entered the House Chambers.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 521, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 724 Yeas--96

 

 

 

 

Nays--4

 

 

Galloway Jaye Kaza Nye

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Rep. Jaye, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

This bill is a shocking example of corporate welfare. This bill gives special tax breaks called 198's, industrial tax breaks of 50% for ten years. This law was passed to encourage new companies to locate and build in Michigan. However, these three companies want this special tax break retroactively to 1995 two years after the facilities already were built. These companies did not get their request for corporate welfare in within the six month application process that every other firm must comply with. This is a bill to give a special tax break to three companies and violates the Michigan constitutional requirement of a 2/3 vote to authorize a special appropriation or tax break which benefits a single city, unit of government, entity or company.

The House rejected my two amendments to limit this corporate welfare. The first Jaye amendment would have required a linkage between the annual tax break the percentage of compliance the company made with their employment, equipment purchase and building promises. If the company only hired 50 out of the 100 employees they promised to hire in that year the company would only be eligible for a 50% tax cut. Not one city, village or township has imposed this linkage between the company's annual compliance with their job promises and their tax cuts. The burden of compliance would be imposed on the company seeking the tax break.

The 2nd Jaye amendment which failed would have required each community to pay for the corporate welfare tax breaks they grant. Under this current law the state's hard working men and women and small business often in competition with these politically powerful tax break corporate welfare firms have to pay the community for the tax revenue they lose under the tax abatement. Since the benefits of an employer's jobs, housing and related benefits are extremely localized, why should the rest of the state taxpayer's be force to foot the bill of lost revenue to local governments who give away their own tax revenue. Obviously local politicians do not hesitate to grant tax breaks that the rest of the state pays for."

 

 

 

 

Senate Bill No. 619, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 75 (MCL 421.75), as amended by 1995 PA 25.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Labor and Occupational Safety (for amendments, see House Journal No. 63, p. 1597),

The amendments were adopted, a majority of the members serving voting therefor.

Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 619, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 75 (MCL 421.75), as amended by 1995 PA 25.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 725 Yeas--98

 

 

DeVuyst Jellema

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act,"

The House agreed to the full title of the bill.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

 

The Speaker resumed the Chair.

 

 

Rep. Gagliardi questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

 

 

Roll Call No. 726 Yeas--96

 

 

 

 

In The Chair: Hertel

 

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 170, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the Michigan biologic products institute, the executive office, and the legislative branch for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1998; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

 

 

 

 

1. Amend page 2, line 1, by striking out all of section 101 and inserting:

"Sec. 101. There is appropriated for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, the legislative branch, and certain other state purposes, subject to the conditions set forth in this act, for the fiscal year ending September 30, 1998, the following amounts from the funds identified as follows:

TOTAL GENERAL GOVERNMENT

APPROPRIATION SUMMARY:

DEPARTMENT OF ATTORNEY GENERAL

APPROPRIATION SUMMARY:

ATTORNEY GENERAL OPERATIONS

EARLY RETIREMENT

DEPARTMENT OF CIVIL RIGHTS

APPROPRIATION SUMMARY:

CIVIL RIGHTS OPERATIONS

EARLY RETIREMENT

DEPARTMENT OF CIVIL SERVICE

APPROPRIATION SUMMARY:

DEPARTMENT OF CIVIL SERVICE

EARLY RETIREMENT

EXECUTIVE OFFICE SUMMARY UNIT

APPROPRIATION SUMMARY:

LEGISLATIVE AUDITOR GENERAL

APPROPRIATION SUMMARY:

OFFICE OF THE AUDITOR GENERAL

LEGISLATURE

APPROPRIATION SUMMARY:

LEGISLATURE

LEGISLATIVE COUNCIL

LEGISLATIVE RETIREMENT SYSTEM

PROPERTY MANAGEMENT

LIBRARY OF MICHIGAN

APPROPRIATION SUMMARY:

LIBRARY OF MICHIGAN

DEPARTMENT OF MANAGEMENT AND BUDGET

APPROPRIATION SUMMARY:

MANAGEMENT AND BUDGET SERVICES

STATEWIDE APPROPRIATIONS

SPECIAL PROGRAMS

GRANTS

EARLY RETIREMENT

DEPARTMENT OF STATE

APPROPRIATION SUMMARY:

EXECUTIVE DIRECTION