The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.

 

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Whereas, Article V, Section 2, of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

Whereas, Article V, Section 8, of the Constitution of the State of Michigan of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and

Whereas, Article IV, Section 51, states that the public health and general welfare of the people of the state are matters of public concern; and

Whereas, Article VIII, Section 8, states that institutions, programs and services for the care, treatment, education or rehabilitation of those inhabitants who are physically, mentally, or otherwise seriously handicapped shall always be fostered and supported; and

Whereas, the State of Michigan plays a fundamental role in the protection of the health and safety of its citizens in guiding policy for improving the health status of Michigan citizens, improving access to health care services, and preventing diseases; and

Whereas, the future in state-funded and administered health and behavioral services lies in integrating administrative systems and pooling state purchasing power for more efficient use of resources; and

Whereas, Executive Order 1996-1 provided for a foundation of integrated administration of health related programs; and

Whereas, the protection of the health and safety of the citizens of Michigan can be carried out more effectively and efficiently by continuing the alignment of health-related administrative functions in state government; and

Whereas, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

Now, therefore, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

I. Medical Services Administration

1. The Medical Services Administration, is hereby redesignated as a Type II agency, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Medical Services Administration for the activities, powers, duties, functions, and responsibilities resulting from this redesignation are hereby transferred to the Department of Community Health.

II. Community Public Health Agency

1. The Community Public Health Agency, is hereby redesignated as a Type II agency, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. All the statutory authority, duties, powers, functions and responsibilities of the Public Health Advisory Council, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Part 26 of Act No. 368 of the Public Acts of 1978, being Sections 333.2208 - 333.2215 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

3. All the statutory authority, duties, powers, functions and responsibilities of the Center for Rural Health, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Part 26 of Act No. 368 of the Public Acts of 1978, being Sections 333.2223 and 333.2612 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

4. All the statutory authority, duties, powers, functions and responsibilities of the Anatomy Board, including but not limited to the statutory authority, duties, powers, functions and responsibilities set forth in Part 26 of Act 368 of the Public Acts of 1978, being Section 333.2651 - 333.2658 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

5. All the statutory authority, duties, powers, functions and responsibilities of the Animal Research Advisory Board, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Part 26 of Act No. 368 of the Public Acts of 1978, being Sections 333.2672 - 333.2676 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

6. All the statutory authority, duties, powers, functions and responsibilities of the Agent Orange Commission, including but not limited to the statutory authority, duties, powers, functions and responsibilities set forth in Act No. 49 of the Public Acts of 1987, being Section 333.5731 - 333.5737 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

7. All the statutory authority, duties, powers, functions and responsibilities of the State Interdepartmental Substance Abuse Coordinating Commission, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Part 62 of Act No. 368 of the Public Acts of 1978, being Sections 333.6215 - 333.6217 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

8. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Community Public Health Agency for the activities, powers, duties, functions, and responsibilities transferred in paragraphs II. 1-7 of this Order are hereby transferred to the Department of Community Health.

III. Behavioral Health

1. All the statutory authority, powers, duties, functions and responsibilities of the Citizens Mental Health Advisory Council set forth in Act No. 258 of the Public Acts of 1974, as amended, being Section 330.1110 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. All the statutory authority, powers, duties, functions and responsibilities of the Standing Committee on Multicultural Services set forth in Act No. 258 of the Public Acts of 1974, as amended, being Section 330.1162 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

3. All the statutory authority, powers, duties, functions and responsibilities of the State Mental Health Advisory Council on Deafness set forth in Act No. 258 of the Public Acts of 1974, as amended, being Section 330.1939 of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

4. All the statutory authority, powers, duties, functions and responsibilities of the State Advisory Council on Mental Health and Aging set forth in Act No. 258 of the Public Acts of 1974, as amended, being Section 330.1941 of the Michigan Compiled Laws, and Act No. 437 of the Public Acts of 1988, being Section 400.585a of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Community Health by a Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

5. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available for the activities, powers, duties, functions, and responsibilities transferred in paragraphs III. 1-4 of this Order are hereby transferred to the Department of Community Health.

IV. Community Health Advisory Council

1. A Community Health Advisory Council is established to advise and assist the Director of the Department of Community Health in developing and executing community health policies and services.

2. The Council shall consist of 15 members who shall be appointed by the Governor. The term of office of each member shall be 2 years. A member shall be paid a reasonable per diem and reimbursed for necessary travel expenses for each meeting attended. A meeting should be held at least once every 3 months, upon the call of the Director. The Council shall annually, by majority vote, choose a chairperson from among its own membership.

3. The composition of the Council shall be representatives of primary consumers, family members, agencies and professionals having a working involvement with community health services, and the general public. At least 5 members of the Council shall be primary consumers or family members, and at least 3 of the 5 shall be primary consumers.

V. Office of Drug Control Policy

1. The Office of Drug Control Policy created in Executive Order 1991-20 is hereby redesignated as a Type II agency as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Department of Management and Budget for the activities, powers, duties, functions, and responsibilities transferred by this Order are hereby transferred to the Department of Community Health.

VI. General

1. The Director of the Department of Community Health shall provide executive direction and supervision for the implementation of the transfers prescribed in this Order. The assigned functions shall be administered under the direction and supervision of the Director, and all prescribed functions of rule making, licensing and regulation, including the prescription or rules, regulations, standards and adjudications, shall be transferred to the Director of the Department of Community Health.

2. The Director of the Department of Community Health shall administer the assigned functions in such ways as to promote efficient administration and shall make internal organizational changes, as may be administratively necessary, to complete the realignment of responsibilities prescribed by this Order.

3. The Director of the Department of Community Health and the Director of the Department of Management and Budget shall immediately initiate coordination and develop a memorandum of record identifying all outstanding settlements, issues of compliance with applicable federal and state laws, or other obligations to be resolved by the Office of Drug Control Policy.

4. The Director of the Department of Community Health may, by written instrument, delegate a duty or power conferred by law or this Order, including but not limited to Medicaid provider appeals, Certificate of Need and the Office of Recipient Rights. The person to whom such duty or power is so delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the Director of the Department of Community Health.

5. All rules, orders, contracts, and agreements relating to the functions transferred to the Department of Community Health which were lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

6. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor or any entity affected by this Order.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days from the date of filing of this Order.

The Executive Order was referred to the Committee on Government Operations.

 

 

 

 

Senate Bill No. 93, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 102 (MCL 560.102), as amended by 1996 PA 591.

The House of Representatives has passed the bill, ordered that it be given immediate effect and amended the title by striking out "Land division act," and inserting "An act to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained prior to the recording and filing of plats and other land divisions; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; and to repeal acts and parts of acts,".

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title as amended.

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

 

Senator Conroy entered the Senate Chamber.

 

 

Senate Bill No. 127, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 19f (MCL 38.19f), as added by 1996 PA 487.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1943 PA 240, entitled "An act to provide for a state employees' retirement system; to create a state employees' retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; and to prescribe penalties and provide remedies," by amending sections 16 and 19f (MCL 38.16 and 38.19f), section 19f as added by 1996 PA 487.

Pursuant to rule 3.202, the bill was laid over one day.

 

Senators Gougeon and Geake entered the Senate Chamber.

 

 

 

 

Senator DeGrow moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 225

Senate Bill No. 302

Senate Bill No. 174

Senate Bill No. 303

The motion prevailed.

 

 

The following bill was read a third time:

Senate Bill No. 225, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353d.

The question being on the passage of the bill,

Senator O'Brien offered the following amendment:

"SEC. 353E. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998, THERE IS APPROPRIATED FROM THE FUND THE SUM OF $131,000,000.00 FOR THE HIGHWAY EMERGENCY LARGE POTHOLE FUND IN THE DEPARTMENT OF TRANSPORTATION.".

The question being on the adoption of the amendment,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I had a constituent earlier this week, call my office. She hit a pothole in Davison, Michigan and the repair to her car exceeded $3000.00. Now, I don't know how I or anyone else in this Chamber can go back to that individual and say, that using money from the rainy day fund is inappropriate that we ought to simply just let these potholes go while we have $1 billion sitting in the bank. Senator O'Brien is not asking that we take that entire rainy day fund and use it to fill potholes. He's talking about $200 million, some of which is interest on the current principle, some of which are lapses from the current budget building principle. So, we're not talking about taking $200 million out of principle. Yes, he's talking about using some of the principle but for a good purpose, for an emergency purpose.

These potholes are everywhere and it's about time that we face up to that issue and take extraordinary measures to deal with it. I commend Senator O'Brien for doing this, and I would urge adoption of the amendment.

 

Senator V. Smith moved to reconsider the vote by which the amendment offered by Senator O'Brien was not adopted.

The question being on the motion to reconsider,

Senator V. Smith moved that further consideration of the amendment be postponed temporarily.

The motion did not prevail.

The question being on the motion to reconsider,

The motion did not prevail.

Senator Conroy offered the following amendments:

The question being on the adoption of the amendments,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Conroy asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Conroy's statement is as follows:

This amendment would alter what was done in Committee, which was a $69 million slice out of the Budget Stabilization Fund. The difference in this amendment and the previous amendment is these dollars would be immediately appropriated. It would not be next year's budget, they would be immediately appropriated to fix the roads now. So the large potholes could be fixed quickly. You know we haven't even come to the time yet when these roads have lost their frost. I don't know that we've gotten to the worst part of it. But this $200 million which, incidently, I think the House is going to pass, would come from the Budget Stabilization Fund. That is a fund that has $1.1 billion in it and it would be allocated immediately upon passage and fix those roads now. I urge your "yes" vote.

 

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

 

 

Senators Cherry, Berryman and O'Brien, under their constitutional right of protest (Art. IV, Sec. 18), protested against the passage of Senate Bill No. 225.

Senator Cherry moved that the statement he made during the discussion of the bill be printed as his reasons for voting "no."

The motion prevailed.

Senator Cherry's statement is as follows:

I intend to vote in support of Senate Bill No. 225, because it does put additional money into road maintenance and construction, $69 million. I do so with a great deal of disappointment. We had the opportunity to invest significant money into dealing with the potholes in this state. As I mentioned previously on the O'Brien amendment, I have constituents who are incurring large repair bills. I feel it is incumbent on me, and I would think other colleagues here, do as well, to invest every dollar we could into dealing with these potholes. I think we fall short in accomplishing that with this bill. Although we put extra dollars in, that is important. It's still disappointing that we simply did not go the full mile here to deal with the concerns that our constituents have. In spite of that, I'll vote "yes."

 

Senator Berryman's statement is as follows:

I voted "no" on Senate Bill No. 225, because I don't believe in taking any amount of money out of the rainy day fund to fix roads and bridges. I certainly understand my colleagues wanting to get as much money to the roads this construction period as possible. It is my contention that these roads didn't start falling apart in January of 1997, they have been deteriorating for the last 7 or 8 years. We have not maintained our roads, we have not addressed the issue in the solution, not quick fixes. The bottom line is you fix roads with road dollars. You don't fix the roads by taking money out of child support payments, or from rainy day funds. You fix them through the gas tax, the user fee and people that drive the roads. That's where the money should come from. This administration ought to stand up to that. We wouldn't be here discussing all of this today if we had a maintenance program that was properly funded. I think anytime you put a quick fix and take from other budgets to go out and fill potholes, because that's what is on the news everyday, is not a solution. We need to stand up and deal with the problem, and that is long term funding. What is going to happen when we come back next year, and all of those pots of money aren't there? At some point, someone is going to have to stand up and address a solution to these problems. Long term funding is what the state and locals can identify with every year, a long term replacement fund should be put in place. I will not support spending rainy day fund money for roads. Roads ought to be fixed with road dollars. A rainy day will come in the state of Michigan, and that fund ought to have sufficient enough funds so we don't have to cut our local schools, mental health closures and other things because we have spent the money to fill pot holes.

 

Senator O'Brien's statement is as follows:

There is no question something is better than nothing. I happen to believe that the rainy day is here. There is no question $69 million, by the time you get done spreading it out through the formula equally, everybody manages to get a small piece. It is almost a case of cutting my nose to spite my face. If you gave me this total $69 million, I could pave 23 whole miles of road; 23 miles. There are 680 lane miles of expressway and state roads maintained under contract on the expressways in the city of Detroit. I can go in now if you gave me all of it and pave 23 miles, with the assumption that it's only going one way. It's half that, if we're paving east and westbound 94 or north and southbound Lodge. While it may appear I'm cutting my nose off to spite my face, I am not. It is not enough money. I hate to disagree with the Senator from Monroe, but I think the rainy day is here and it is not raining rain, it's raining bridges. It is dropping on the pavement, their crashing windows, we have a major league problem when we have plywood holding up our bridges. The rainy day fund is here but the only difference is it is raining concrete.

 

 

The following bill was read a third time:

Senate Bill No. 302, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 1997; to adjust certain appropriations for the fiscal year ending September 30, 1997; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator DeBeaussaert offered the following amendments:

"DEPARTMENT OF STATE POLICE

"STATE POLICE

The appropriation in section 101 for school bus inspections shall be used by the department of state police to inspect each school bus, bus or other motor vehicle with a manufacturers rated seating capacity of 12 or more, which is owned, leased, or used by a nonpublic school, religious organization, nonprofit youth organization, nonprofit rehabilitation facility, or senior citizen center for the transportation of passengers, annually, as required under 1949 PA 300, MCL 257.715a.".

The question being on the adoption of the amendments,

Senator Hoffman moved that further consideration of the amendments be postponed temporarily.

The motion prevailed.

Senator Cisky offered the following amendment:

"Sec. 203. From the funds appropriated in section 101 the department shall allocate $2,000.000.00 to the department of natural resources for costs associated with removal of roadkill.".

The question being on the adoption of the amendment,

Senator Hoffman moved that further consideration of the amendment be postponed temporarily.

The motion prevailed.

Senator Bennett offered the following amendments:

"DEPARTMENT OF STATE POLICE

"STATE POLICE

The appropriation in section 101 for school bus inspections shall be used by the department of state police to inspect each school bus, bus or other motor vehicle with a manufacturers rated seating capacity of 12 or more, which is owned, leased, or used by a nonpublic school, religious organization, nonprofit youth organization, nonprofit rehabilitation facility, or senior citizen center for the transportation of passengers, annually, as required under 1949 PA 300, MCL 257.715a.".

The question being on the adoption of the amendments,

Senator DeBeaussaert moved that further consideration of the amendments be postponed temporarily.

The motion prevailed.

 

 

Senator DeBeaussaert asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator DeBeaussaert's first statement is as follows:

I offer this amendment as a result of learning something this week, which I found terribly disturbing regarding what was happening in school districts across this state.

Apparently, in violation of state law that requires that school buses be inspected annually by the Department of State Police, the department earlier this year reached the conclusion that they would change their policy and only inspect about half of the fleet each year. It came to my attention through a local school district public transportation supervisor, who also noted that the state law requires that the operators of school buses, or pupil transportation vehicles, shall not operate or permit to be operated, a school bus unless they have been appropriately inspected.

The policy, it would appear, of the Department of State Police, would not only be to ignore the state law as it relates to their duties, but also to leave local school districts in violation of state law, because their districts could not be annually inspected as required. I don't think that is a situation that this Legislature should tolerate. I know that the chair of the State Police Subcommittee is concerned about this as well, and has amendments that I think he may be offering on the budget for the next fiscal year; but we have a problem in this fiscal year.

We have school districts that beginning September 1, will be asked to put onto the roadways school buses that have not been inspected as required by state law. That would put them in violation, and I think it puts all of us in danger of putting onto the roadways of our state, school buses that could endanger the public safety of the school children of Michigan. I'm not willing to allow that to occur. This is a supplemental bill and may be our only chance in this fiscal year to address this problem. So I have offered this amendment which would allocate sufficient funds for all school buses to be inspected this fiscal year. There may be more than adequate dollars in this amendment to accomplish that; any additional monies could lapse to the general fund as is traditionally the process.

I think the Legislature should act while we have this opportunity in this fiscal year to make sure that we ensure the public safety and especially the safety of the school children of Michigan. I would ask for your support.

 

Senator DeBeaussaert's second statement is as follows:

It's obvious we are engaging in a little bit of gamesmanship on this issue. This is an issue where there shouldn't be political games played when we are talking about the safety of the public school children in Michigan. I am not going to oppose this amendment clearly, and there is a majority of votes there to control the agenda in terms of which amendments get taken up first. I am glad that regardless of the sponsorship, we are going to be addressing this issue and protecting the public safety of the school children in Michigan. I would ask that we move forward on this amendment, regardless of who's sponsoring it, to take care of the problem today.

 

By unanimous consent the Senate returned to consideration of the amendment offered by Senator Cisky.

The question being on the adoption of the amendment,

Senator Cisky withdrew the amendment.

By unanimous consent the Senate returned to consideration of the amendments offered by Senator Bennett.

The question being on the adoption of the amendments,

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

Senator Cisky offered the following amendment:

"Sec. 203. There is appropriated from the state general fund $2,000.000.00 to the department of natural resources for costs associated with removal of roadkill.".

The question being on the adoption of the amendment,

 

 

 

 

Senator Stille raised the Point of Order that the amendment offered by Senator Cisky was not germane to the bill because it provided funding for the Transportation Department.

The President, Lieutenant Governor Binsfeld, sustained the Point of Order because Senate Bill No. 302 provides appropriations for the Transportation Department budget and the amendment pertained to the budget for the Natural Resources Department.

 

By unanimous consent the Senate returned to consideration of the amendments offered by Senator DeBeaussaert.

The question being on the adoption of the amendments,

Senator DeBeaussaert withdrew the amendments.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Bennett offered to amend the title to read as follows:

A bill to make appropriations for the state transportation department and the department of state police for the fiscal year ending September 30, 1997; to adjust certain appropriations for the fiscal year ending September 30, 1997; and to provide for the expenditure of the appropriations.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

 

 

 

 

Senator Berryman, O'Brien and A. Smith, under their constitutional right of protest (Art. IV, Sec. 18), protested against the passage of Senate Bill No. 302.

Senator Berryman moved that the statement he made during the discussion of the amendments offered by Senator Bennett be printed as his reasons for voting "no."

The motion prevailed.

Senator Berryman's first statement is as follows:

I certainly agree with the subject that we want to make sure that our buses are fully inspected and that the funds are there. I think this is an unbelievable process and we are going to see just who is fiscally responsible here. This amendment spends $33,000 more than Senate Fiscal says needs to be spent to fully fund the program. We are looking for every pocket we can to get money from to fill pot holes and fix roads. We are closing state mental health hospitals. We are going to spend $33,000 more than we need to spend, just so this amendment can pass and Senator DeBeaussaert's can fail. That is being immature, that is being fiscally irresponsible. You are spending $33,000 more than Senate Fiscal says is needed to fund this program so you can have an amendment over a Senator who did his homework, who was concerned, and had it fully funded. I think you ought to defeat this amendment and go back to the DeBeaussaert amendment which fully funds it, and pass that on a bipartisan basis. I just think this is immature and fiscally irresponsible.

 

Senator Berryman's second statement is as follows:

I have a great deal of respect for the Senator from the 19th District, and appreciate what he is trying to do. I also voted "no" on this bill because we are taking from different pots to try to literally fill pot holes with that this year. That is not solving the problem, it is short-term, as he said a band-aid approach. A gas tax will be funding from roads, for roads, that will be there next year and the year after, could pass this body, signed into law and money going into roads as fast as this bill can pass. All you have to do is pass this bill, you don't need all of these stop get measures. Put a gas tax proposal on the table, pass it out of here, get it to the Governor and have his sign it and that money can get to roads as fast as this bill will.

 

Senator O'Brien's statement, in which Senator A. Smith concurred, is as follows:

I have concerns with this bill based on the fact that we had discussions earlier in the Committee probably based on two areas: there's a strong question as to whether this is even constitutional and there is ambiguous language in there that states that up to 10 percent can be withdrawn. However, I question that and I also question the fact that the $20 million taken from the MTF, which if it wasn't even in this bill anyway, it's somewhat of a pastor. We don't need this bill to get the $20 million that they are moving through with this bill. If this $20 million that we pulled out with this piece of legislation were simply left alone in the MTF it would have gone out and been distributed under the Act 51 formula and I think there's a little bit of precedence being set here. I didn't like that, so for those reasons I voted "no."

Senators Shugars, Schuette, Gougeon and Bennett moved that they be named co-sponsors of the following bill:

Senate Bill No. 302

The motion prevailed.

 

 

Senator Rogers asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Rogers' statement is as follows:

I rise today to announce and recognize the loss of a valued member of this Chamber, Glenn Gorton. He was a top developer for SIS and someone who certainly helped the members of this body, who didn't know a megabyte from an overbite, come into the 21st Century. He has been with the department for 8 1/2 years, and has been a driving force for our chamber automation system. He has actually helped us lead the country in automation with state legislatures. He will certainly be missed by this body and by this Chamber. I want to rise and thank him for his patience and good training, in bringing all of the members to the computer age and taking us into the 21st Century very well prepared to meet the demands of the citizens of Michigan. His last day is tomorrow. He is moving on to a management position in computer programming for the Michigan Education Association. I would ask all of the members to please join me in recognizing the great work and his great contribution to this Chamber.

 

 

The following bill was read a third time:

Senate Bill No. 174, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 1998; to provide for the imposition of fees; to create certain work groups and committees; to provide for reports; to create certain funds; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials, local units of government, committees, and work groups; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Cherry offered the following amendment:

"Sec. 216. (1) At least 14 days prior to entering into any personal service contracts or contracts with independent contractors in an amount in excess of $5,000.00, the department shall notify the members of the senate and house appropriations committees of the proposed contract. The notification shall include the proposed total dollar amount of the contract, the primary source of funding, the duration of the contract, the type of service, the name of the entity with which the state is entering into the contract (vendor), whether the vendor is an early retiree or the business vendor's owners are early retirees, whether the contract was competitively bid, and the standard under which the contract was approved.

(2) The department shall report before the fifteenth of each month to the members of the senate and house appropriations committees and the fiscal agencies the following information for each contract for services approved by the department appointing authority or preauthorized by the state personnel director:

(a) The name of the individual or entity with whom the state agency is contracting.

(b) The dollar amount, source of financing for the contract, the duration of the contract and the standard under which the contract was approved.

(c) Whether the contract was competitively bid.

(d) The name of any individual providing contractual services to the state, whether as a special personal service employee or as the employee of an independent contractor who has retired under sections 19a and 19f of 1943 PA 240, MCL 38.19a and 38.19f.

(3) Within 60 days after book closing for FY 1996-97, the department shall file a report with the members of the senate and house appropriations committees which includes:

(a) The total expenditures for contractual services approved by the department for FY 1996-97.

(b) The total expenditures from the state's accounting system coded as contractual services for FY 1996-97.

(c) The number of full time classified positions that correspond to the expenditures for contractual personal services. This shall be calculated by using the state accounting system total expenditure for contractual services and dividing the total expenditures by the average salary including fringes for the average state employee.".

The question being on the adoption of the amendment,

Senator Cherry requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator O'Brien offered the following amendment:

"(4) None of the funds statutorily dedicated to the transportation economic development fund shall be diverted to other projects without the approval of the house and senate.".

The question being on the adoption of the amendment,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator A. Smith offered the following amendment:

"Sec. 217. The department shall receive and retain copies of all reports funded from section 101 appropriations.".

The question being on the adoption of the amendment,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was adopted, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator O'Brien offered the following amendment:

"(4) None of the funds statutorily dedicated to the transportation economic development fund shall be diverted to other projects without the notification and approval of the house and senate appropriations subcommittees on transportation.".

The question being on the adoption of the amendment,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

 

The President pro tempore, Senator Schwarz, assumed the Chair.

 

The amendment was adopted, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator O'Brien offered the following amendments:

"HIGHWAY EMERGENCY LARGE POTHOLE FUND (HELP)

The question being on the adoption of the amendments,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The question being on the adoption of the amendments,

 

 

 

 

Senator Hoffman raised the Point of Order that the amendments offered by Senator O'Brien was not germane because it proposed that money be deposited into appropriations to a fund that does not exist.

The President pro tempore, Senator Schwarz, ruled that the amendment was germane.

 

 

The question being on the adoption of the amendments,

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Senate agreed to the title of the bill.

 

 

Senators Cherry, Conroy and O'Brien, under their constitutional right of protest (Art. IV, Sec. 18), protested against the passage of Senate Bill No. 174.

Senator Cherry's statement, in which Senator Conroy concurred, is as follows:

My "no" vote explanation is pretty straight-forward and simple. I simply refuse to vote for the purchase of a state airplane when the roads are in the shape they are in. My constituents are ruining their cars with the terrible condition of Michigan roads. This budget doesn't deal with that when we are wasting away money buying airplanes, and I simply cannot in good conscience, vote "yes". So that is the reason I very clearly voted "no" on this budget.

 

Senator Conroy's statement is as follows:

I want to get this straight, because I remember those ads. It said, "I'm gonna drive my Oldsmobile." Of course I was wondering how he was going to, particularly up there in Mackinaw City, get a real head start and go off that dock. I guess he was going to take the boat. He kind of insinuated that he was not going to fly to Mackinaw Island. I think the important thing to get to the bottom of right here, is did Jim Blanchard talk to this Governor in these last few months or year, and convince him that he should have that airplane. He was wrong about those assertions back during that campaign. I know he has had some experience on Air Force One and maybe Blanchard caught him on that trip and said, "You ought to get that plane." Our Governor has agreed with the former Governor on that. I do not know how it all came about. We know that the purchase is intended, and I think that the O'Brien amendment is a good amendment to maybe spend the money elsewhere.

 

Senator O'Brien's statement is as follows:

I voted "no" quite frankly, and I came in at the very end of the process. In being thrown into the process, far more questions were raised for me than resolved. Far more questions appeared than answers and descended over to the House. Quite frankly, based on some of the questions I have as it relates to this bill in good conscience, I couldn't because I feel that we could have done a far better job in meeting the needs of the driving public than we did with this bill. As I said earlier, we've got a rainy day fund, but it's raining concrete now, and I truly do have more pot holes than I do road.

 

Senator DeGrow asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator DeGrow's first statement is as follows:

Just a response to the Senator from the 29th District. First off, Jim Blanchard was into helicopters not airplanes. Second, this airplane is not for the Governor. This is for a lot of state employees and this is not something special, this came up in appropriations and this is the routine time they do this. So to imply that this is for the Governor, I think, is unfair and usually you have a little higher standard of the debate than that Senator. Setting that aside, this airplane is for a lot of state employees, and the people in charge of this said that they needed it at this time. This is not for the Governor. It has nothing to do with him, and at some point down the road, I do not think any of us wants state employees endangered because you guys wanted to play political games with airline safety.

 

Senator DeGrow's second statement is as follows:

Your mind is not slipping yet. That helicopter was sold. Again, for those of us who sit on Appropriations, this came up in Appropriations. It is the routine time to do this. They do this periodically. It has nothing to do with the Governor. This Governor, the last Governor or any Governor. It is the routine time this is done. If you guys want to play games with it fine, but that is not the truth.

 

 

The following bill was read a third time:

Senate Bill No. 303, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal certain acts and parts of acts," by amending sections 10, 11, 11c, 12, 13, and 15 (MCL 247.660, 247.661, 247.661c, 247.662, 247.663, and 247.665), sections 10, 11, 11c, 12, and 13 as amended by 1993 PA 294 and section 15 as amended by 1982 PA 438, and by adding section 1g.

The question being on the passage of the bill,

Senator Carl offered the following amendments:

"(22) AS USED IN THIS SECTION, "TOTAL LANE MILEAGE" MEANS THE SUM TOTAL OF THE LANES OF ROADS IN THE COUNTY PRIMARY ROAD SYSTEM OR THE COUNTY LOCAL ROAD SYSTEM, AS APPLICABLE.".

"(11) AS USED IN THIS SECTION, "LANE MILEAGE" OR "TOTAL LANE MILEAGE" MEANS THE SUM TOTAL OF LANES OF STATE TRUNKLINE HIGHWAYS WITHIN THE BOUNDARIES OF A CITY OR VILLAGE OR THE SUM TOTAL NUMBER OF LANES OF STREETS OF THE LOCAL STREET SYSTEM OF A CITY OR VILLAGE, WHICHEVER IS APPLICABLE.".

The question being on the adoption of the amendments,

Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were adopted, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yeas: Senators Schuette, Gougeon and Stallings

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Economic Development, International Trade and Regulatory Affairs reported

Senate Bill No. 227, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2001 (MCL 339.2001), as amended by 1992 PA 103.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Yeas: Senators Schuette, Gougeon and Stallings

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Economic Development, International Trade and Regulatory Affairs reported

Senate Bill No. 228, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending section 904 (MCL 450.4904).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Yeas: Senators Schuette, Gougeon and Stallings

Nays: None

The bill was referred to the Committee of the Whole.

 

 

The Committee on Economic Development, International Trade and Regulatory Affairs reported

House Bill No. 4142, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending sections 113, 114, and 117 (MCL 55.113, 55.114, and 55.117).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Yeas: Senators Schuette, Shugars and Gougeon

Nays: Senator Stallings

The bill was referred to the Committee of the Whole.

 

 

The Committee on Economic Development, International Trade and Regulatory Affairs reported

House Bill No. 4143, entitled

A bill to amend 1969 PA 57, entitled "Uniform recognition of acknowledgments act," by amending section 2 (MCL 565.262).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Yeas: Senators Schuette, Shugars and Gougeon

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development, International Trade and Regulatory Affairs reported

House Bill No. 4238, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding sections 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, and 735; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Yeas: Senators Schuette, Gougeon and Stallings

Nays: None

The bill was referred to the Committee of the Whole.

 

 

 

The Committee on Economic Development, International Trade and Regulatory Affairs submits the following:

Meeting held on Wednesday, March 19, 1997, at 1:10 p.m., Room 210, Farnum Building

Present: Senators Schuette, Shugars, Gougeon and Stallings

Excused: Senator O'Brien

 

 

 

The Committee on Technology and Energy submits the following:

Meeting held on Tuesday, March 19, 1997, at 3:00 p.m., Rooms 425-427, Capitol Building

Present: Senators Dunaskiss, Schuette, Rogers, Berryman and Byrum

 

 

 

 

Pursuant to Joint Rule 16, Senator Berryman filed a Notice of Intent to reconsider on the next legislative day the vote by which the following bill was passed:

Senate Bill No. 303

 

 

 

 

Government Operations Committee - Friday, April 11, at 11:00 a.m., Oakland County Commissioners Auditorium, 1200 North Telegraph Road, Pontiac (3-1758).

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 1:37 p.m.

 

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Tuesday, March 25, at 10:00 a.m.