No. 57
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 1999
House Chamber, Lansing, Thursday, June 17, 1999.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--present
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--excused
Caul--present
Cherry--present
Clark--present
Clarke--present
Daniels--present
DeHart--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Ehardt--present
Faunce--present
Frank--present
Garcia--present
Garza--present
Geiger--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Green--present
Hager--present
Hale--present
Hanley--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Jellema--present
Johnson, Rick--present
Johnson, Ruth--excused
Julian--present
Kelly--present
Kilpatrick--present
Koetje--present
Kowall--present
Kuipers--present
Kukuk--present
LaForge--present
LaSata--present
Law--present
Lemmons--present
Lockwood--present
Mans--present
Martinez--present
Mead--present
Middaugh--present
Minore--present
Mortimer--present
Neumann--present
O'Neil--present
Pappageorge--present
Patterson--present
Perricone--present
Pestka--present
Price--present
Prusi--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Switalski--present
Tabor--present
Tesanovich--present
Thomas--present
Toy--present
Vander Roest--present
Van Woerkom--present
Vaughn--present
Vear--present
Voorhees--present
Wojno--present
Woodward--present
Woronchak--present
e/d/s = entered during session
Reverend Jean Snyder, from the Lexington United Methodist Church, offered the following invocation:
"God of all wisdom and truth, You are our hope and our trust. May Your presence be real to us during the session, this day. Strengthen us for victories over temptation, for renewal of our love for You, and one another, and for leadership and service to our beloved state of Michigan. Teach us, Almighty God, to see every question of policy in the light of our faith. Grant us insight to recognize the needs and aspirations of others, and remove our suspicions and misunderstandings, that we may honor all people in Your name. We give You thanks that You have called us into community service and commissioned us to make a difference in the world. With wisdom and understanding, with justice and mercy, with courage and commitment, O God, equip us for the task You set before us. Amen."
______
Rep. DeWeese moved that Reps. Cassis and Ruth Johnson be excused from today's session.
The motion prevailed.
The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to the Chair.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4744, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3, 4, and 4h (MCL 205.93, 205.94, and 205.94h), section 3 as amended by 1995 PA 67, section 4 as amended by 1998 PA 491, and section 4h as added by 1986 PA 13, and by adding sections 4o, 4p, 4q, 4r, 4s, 8, and 9a.
(The bill was received from the Senate on June 10, substitute (S-3) concurred in, immediate effect defeated, motion for immediate effect made and postponed temporarily on June 11, see House Journal No. 56, p. 1573.)
The question being on the motion made previously by Rep. Raczkowski,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 757 Yeas--55
Allen | Geiger | Kuipers | Rocca |
Birkholz | Gilbert | Kukuk | Sanborn |
Bisbee | Gosselin | LaSata | Scranton |
Bishop | Green | Law | Shackleton |
Bradstreet | Hager | Mead | Shulman |
Brown, C. | Hart | Middaugh | Stamas |
Byl | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Julian | Raczkowski | Voorhees |
Faunce | Koetje | Richardville | Woronchak |
Garcia | Kowall | Richner |
Nays--42
Baird | Garza | Lockwood | Rivet |
Basham | Gieleghem | Martinez | Sheltrown |
Bogardus | Hale | Neumann | Spade |
Bovin | Hanley | O'Neil | Stallworth |
Brater | Hansen | Pestka | Switalski |
Brewer | Hardman | Price | Tesanovich |
Brown, B. | Jacobs | Prusi | Thomas |
Callahan | Jamnick | Quarles | Vaughn |
Clark, I. | Kelly | Reeves | Wojno |
Daniels | LaForge | Rison | Woodward |
Dennis Lemmons
In The Chair: Scranton
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4745, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 3, 4, 5, 23, 23b, 31, 45a, 49, 71, 77, and 78 (MCL 208.3, 208.4, 208.5, 208.23, 208.23b, 208.31, 208.45a, 208.49, 208.71, 208.77, and 208.78), section 4 as amended by 1995 PA 285, section 5 as amended by 1987 PA 253, sections 23 and 23b as amended by 1998 PA 504, section 31 as amended by 1994 PA 247, section 45a as added by 1995 PA 282,and section 71 as amended by 1984 PA 281, and by adding sections 19, 35a, and 54; and to repeal acts and parts of acts.
(The bill was received from the Senate on June 11, substitute (S-3) concurred in, immediate effect defeated, motion for immediate effect made and postponed temporarily on June 11, see House Journal No. 56, p. 1571.)
The question being on the motion made previously by Rep. Raczkowski,
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
Senate Bill No. 544, entitled
A bill to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending sections 1, 4a, 4g, 4j, and 4q (MCL 205.51, 205.54a, 205.54g, 205.54j, and 205.54q), section 1 as amended by 1998 PA 451, section 4a as amended by 1998 PA 490, section 4g as amended by 1998 PA 60, section 4j as added by 1985 PA 225, and section 4q as added by 1998 PA 258, and by adding sections 4r, 4s, 4t, 4u, 4v, and 4w.
(The bill was received from the Senate on June 10, Senate substitute (S-4) to House substitute (H-6) concurred in, motion for immediate effect made and postponed temporarily on June 11, see House Journal No. 56, p. 1574.)
The question being on the motion made previously by Rep. Raczkowski,
Rep. Raczkowski withdrew the motion.
Second Reading of Bills
Senate Bill No. 592, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5431 (MCL 333.5431), as amended by 1998 PA 88.
The bill was read a second time.
Rep. Raczkowski 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. Raczkowski 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
Third Reading of Bills
Senate Bill No. 592, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5431 (MCL 333.5431), as amended by 1998 PA 88.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Raczkowski moved that consideration of the bill be postponed temporarily,
The motion prevailed.
______
Associate Speaker Pro Tempore Patterson assumed the Chair.
Second Reading of Bills
House Bill No. 4656, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as added by 1998 PA 317.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Law and Corrections (for amendment, see House Journal No. 51, p. 1306),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Julian 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. Raczkowski 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
Third Reading of Bills
House Bill No. 4656, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as added by 1998 PA 317.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Raczkowski moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 546, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 90g.
The question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Law and Corrections,
Rep. Bogardus demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-1) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 758 Yeas--70
Allen | Frank | LaSata | Richner |
Basham | Garcia | Law | Rocca |
Birkholz | Geiger | Lockwood | Sanborn |
Bisbee | Gilbert | Mans | Schermesser |
Bishop | Gosselin | Mead | Shackleton |
Bovin | Green | Middaugh | Sheltrown |
Bradstreet | Hager | Mortimer | Shulman |
Brown, B. | Hart | Neumann | Spade |
Brown, C. | Howell | O'Neil | Stamas |
Byl | Jansen | Pappageorge | Tabor |
Callahan | Jelinek | Patterson | Toy |
Caul | Jellema | Perricone | Van Woerkom |
DeHart | Johnson, Rick | Pestka | Vander Roest |
DeRossett | Julian | Pumford | Vear |
DeVuyst | Koetje | Raczkowski | Voorhees |
DeWeese | Kowall | Reeves | Wojno |
Ehardt | Kuipers | Richardville | Woronchak |
Faunce Kukuk
Nays--32
Baird | Garza | LaForge | Scott |
Bogardus | Godchaux | Lemmons | Scranton |
Brater | Hale | Martinez | Stallworth |
Cherry | Hanley | Minore | Switalski |
Clark, I. | Hansen | Price | Tesanovich |
Clarke, H. | Hardman | Prusi | Thomas |
Daniels | Jacobs | Quarles | Vaughn |
Dennis | Jamnick | Schauer | Woodward |
In The Chair: Patterson
Reps. Baird and Jacobs moved to amend the bill as follows:
1. Amend page 2, following line 22, by inserting:
"(6) THIS SECTION DOES NOT PROHIBIT THE PERFORMANCE OF A LEGALLY RECOGNIZED MEDICAL PROCEDURE THAT IS NOT PROHIBITED BY SUBSECTION (3)." and renumbering the remaining subsection.
The question being on the adoption of the amendment offered by Reps. Baird and Jacobs,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Baird and Jacobs,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 759 Yeas--38
Baird | Garza | LaForge | Schermesser |
Bogardus | Gieleghem | Lemmons | Scott |
Brater | Godchaux | Martinez | Scranton |
Brewer | Hale | Minore | Stallworth |
Cherry | Hanley | Price | Switalski |
Clark, I. | Hansen | Prusi | Tesanovich |
Clarke, H. | Hardman | Quarles | Thomas |
Daniels | Jacobs | Rison | Vaughn |
DeHart | Jamnick | Schauer | Woodward |
Dennis Kilpatrick
Nays--70
Allen | Garcia | LaSata | Richner |
Basham | Geiger | Law | Rivet |
Birkholz | Gilbert | Lockwood | Rocca |
Bisbee | Gosselin | Mans | Sanborn |
Bishop | Green | Mead | Shackleton |
Bovin | Hager | Middaugh | Sheltrown |
Bradstreet | Hart | Mortimer | Shulman |
Brown, B. | Howell | Neumann | Spade |
Brown, C. | Jansen | O'Neil | Stamas |
Byl | Jelinek | Pappageorge | Tabor |
Callahan | Jellema | Patterson | Toy |
Caul | Johnson, Rick | Perricone | Van Woerkom |
DeRossett | Julian | Pestka | Vander Roest |
DeVuyst | Kelly | Pumford | Vear |
DeWeese | Koetje | Raczkowski | Voorhees |
Ehardt | Kowall | Reeves | Wojno |
Faunce | Kuipers | Richardville | Woronchak |
Frank Kukuk
In The Chair: Patterson
Reps. Baird and Jacobs moved to amend the bill as follows:
1. Amend page 2, following line 22, by inserting:
"(6) THIS SECTION DOES NOT PROHIBIT THE PERFORMANCE OF AN OTHERWISE LEGAL ABORTION." and renumbering the remaining subsection.
The question being on the adoption of the amendment offered by Reps. Baird and Jacobs,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Baird and Jacobs,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 760 Yeas--38
Baird | Garza | LaForge | Schermesser |
Bogardus | Gieleghem | Lemmons | Scott |
Brater | Godchaux | Martinez | Scranton |
Brewer | Hale | Minore | Stallworth |
Cherry | Hanley | Price | Switalski |
Clark, I. | Hansen | Prusi | Tesanovich |
Clarke, H. | Hardman | Quarles | Thomas |
Daniels | Jacobs | Rison | Vaughn |
DeHart | Jamnick | Schauer | Woodward |
Dennis Kilpatrick
Nays--69
Allen | Garcia | Kukuk | Richner |
Basham | Geiger | LaSata | Rivet |
Birkholz | Gilbert | Law | Rocca |
Bisbee | Gosselin | Lockwood | Sanborn |
Bishop | Green | Mans | Shackleton |
Bovin | Hager | Mead | Sheltrown |
Bradstreet | Hart | Middaugh | Shulman |
Brown, B. | Howell | Mortimer | Spade |
Brown, C. | Jansen | Neumann | Stamas |
Byl | Jelinek | O'Neil | Tabor |
Callahan | Jellema | Pappageorge | Toy |
Caul | Johnson, Rick | Patterson | Van Woerkom |
DeRossett | Julian | Perricone | Vander Roest |
DeVuyst | Kelly | Pestka | Vear |
DeWeese | Koetje | Pumford | Voorhees |
Ehardt | Kowall | Raczkowski | Wojno |
Faunce | Kuipers | Richardville | Woronchak |
Frank
In The Chair: Patterson
Reps. Baird and Jacobs moved to amend the bill as follows:
1. Amend page 2, line 15, after "MOTHER" by inserting "OR TO PRESERVE THE MOTHER'S HEALTH, OR BOTH,".
The question being on the adoption of the amendment offered by Reps. Baird and Jacobs,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Baird and Jacobs,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 761 Yeas--38
Baird | Garza | LaForge | Schermesser |
Bogardus | Gieleghem | Lockwood | Scott |
Brater | Godchaux | Martinez | Scranton |
Brewer | Hale | Minore | Stallworth |
Cherry | Hanley | Price | Switalski |
Clark, I. | Hansen | Prusi | Tesanovich |
Clarke, H. | Hardman | Quarles | Thomas |
Daniels | Jacobs | Rison | Vaughn |
DeHart | Jamnick | Schauer | Woodward |
Dennis Kilpatrick
Nays--68
Allen | Frank | Kuipers | Richner |
Basham | Garcia | Kukuk | Rivet |
Birkholz | Geiger | LaSata | Rocca |
Bisbee | Gilbert | Law | Sanborn |
Bishop | Gosselin | Mans | Shackleton |
Bovin | Green | Mead | Sheltrown |
Bradstreet | Hager | Middaugh | Shulman |
Brown, B. | Hart | Mortimer | Spade |
Brown, C. | Howell | Neumann | Stamas |
Byl | Jansen | O'Neil | Tabor |
Callahan | Jelinek | Pappageorge | Toy |
Caul | Jellema | Patterson | Van Woerkom |
DeRossett | Johnson, Rick | Perricone | Vander Roest |
DeVuyst | Julian | Pestka | Vear |
DeWeese | Kelly | Pumford | Voorhees |
Ehardt | Koetje | Raczkowski | Wojno |
Faunce | Kowall | Richardville | Woronchak |
In The Chair: Patterson
______
Rep. LaForge moved that Rep. Kelly be excused temporarily from today's session.
The motion prevailed.
Reps. Baird and Jacobs moved to amend the bill as follows:
1. Amend page 2, line 24, after "A" by inserting "VIABLE".
2. Amend page 3, following line 12, by inserting:
"(E) "VIABLE" MEANS THAT A HUMAN FETUS, IN THE REASONABLE MEDICAL JUDGMENT OF A PHYSICIAN, CAN SURVIVE OUTSIDE THE UTERUS.".
The question being on the adoption of the amendments offered by Reps. Baird and Jacobs,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Baird and Jacobs,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 762 Yeas--38
Baird | Garza | LaForge | Schermesser |
Bogardus | Gieleghem | Lemmons | Scott |
Brater | Godchaux | Martinez | Scranton |
Brewer | Hale | Minore | Stallworth |
Cherry | Hanley | Price | Switalski |
Clark, I. | Hansen | Prusi | Tesanovich |
Clarke, H. | Hardman | Quarles | Thomas |
Daniels | Jacobs | Rison | Vaughn |
DeHart | Jamnick | Schauer | Woodward |
Dennis Kilpatrick
Nays--69
Allen | Garcia | LaSata | Richner |
Basham | Geiger | Law | Rivet |
Birkholz | Gilbert | Lockwood | Rocca |
Bisbee | Gosselin | Mans | Sanborn |
Bishop | Green | Mead | Shackleton |
Bovin | Hager | Middaugh | Sheltrown |
Bradstreet | Hart | Mortimer | Shulman |
Brown, B. | Howell | Neumann | Spade |
Brown, C. | Jansen | O'Neil | Stamas |
Byl | Jelinek | Pappageorge | Tabor |
Callahan | Jellema | Patterson | Toy |
Caul | Johnson, Rick | Perricone | Van Woerkom |
DeRossett | Julian | Pestka | Vander Roest |
DeVuyst | Koetje | Pumford | Vear |
DeWeese | Kowall | Raczkowski | Voorhees |
Ehardt | Kuipers | Reeves | Wojno |
Faunce | Kukuk | Richardville | Woronchak |
Frank
In The Chair: Patterson
Rep. Martinez moved to amend the bill as follows:
1. Amend page 2, line 26, after "HAS" by striking out the balance of the line through "(iii)" on line 3 of page 3.
The question being on the adoption of the amendment offered by Rep. Martinez,
Rep. Martinez demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Martinez,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 763 Yeas--36
Baird | Garza | Kilpatrick | Schauer |
Bogardus | Gieleghem | LaForge | Scott |
Brater | Godchaux | Lemmons | Scranton |
Brewer | Hale | Martinez | Stallworth |
Cherry | Hanley | Minore | Switalski |
Clark, I. | Hansen | Price | Tesanovich |
Clarke, H. | Hardman | Prusi | Thomas |
Daniels | Jacobs | Quarles | Vaughn |
Dennis | Jamnick | Rison | Woodward |
Nays--71
Allen | Frank | LaSata | Rivet |
Basham | Garcia | Law | Rocca |
Birkholz | Geiger | Lockwood | Sanborn |
Bisbee | Gilbert | Mans | Schermesser |
Bishop | Gosselin | Mead | Shackleton |
Bovin | Green | Middaugh | Sheltrown |
Bradstreet | Hager | Mortimer | Shulman |
Brown, B. | Hart | Neumann | Spade |
Brown, C. | Howell | O'Neil | Stamas |
Byl | Jansen | Pappageorge | Tabor |
Callahan | Jelinek | Patterson | Toy |
Caul | Jellema | Perricone | Van Woerkom |
DeHart | Johnson, Rick | Pestka | Vander Roest |
DeRossett | Julian | Pumford | Vear |
DeVuyst | Koetje | Raczkowski | Voorhees |
DeWeese | Kowall | Reeves | Wojno |
Ehardt | Kuipers | Richardville | Woronchak |
Faunce | Kukuk | Richner |
In The Chair: Patterson
Rep. Julian moved to amend the bill as follows:
1. Amend page 2, line 15, after "MEDICAL" by striking out "JUDGEMENT" and inserting "JUDGMENT".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Julian moved to amend the bill as follows:
1. Amend page 2, line 18, by striking out all of subsection (5) and inserting:
"(5) SUBSECTION (3) DOES NOT APPLY TO AN ACTION TAKEN BY THE MOTHER. HOWEVER, THIS SUBSECTION DOES NOT EXEMPT THE MOTHER FROM ANY OTHER PROVISION OF LAW.".
The question being on the adoption of the amendment offered by Rep. Julian,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Julian,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 764 Yeas--70
Allen | Garcia | Law | Rivet |
Basham | Geiger | Lockwood | Rocca |
Birkholz | Gilbert | Mans | Sanborn |
Bisbee | Gosselin | Mead | Schermesser |
Bishop | Green | Middaugh | Shackleton |
Bovin | Hager | Mortimer | Sheltrown |
Bradstreet | Hart | Neumann | Shulman |
Brown, B. | Howell | O'Neil | Spade |
Brown, C. | Jansen | Pappageorge | Stamas |
Byl | Jelinek | Patterson | Tabor |
Callahan | Jellema | Perricone | Toy |
Caul | Johnson, Rick | Pestka | Van Woerkom |
DeRossett | Julian | Pumford | Vander Roest |
DeVuyst | Koetje | Raczkowski | Vear |
DeWeese | Kowall | Reeves | Voorhees |
Ehardt | Kuipers | Richardville | Wojno |
Faunce | Kukuk | Richner | Woronchak |
Frank LaSata
Nays--34
Baird | Dennis | Jamnick | Schauer |
Bogardus | Garza | LaForge | Scott |
Brater | Gieleghem | Lemmons | Scranton |
Brewer | Godchaux | Martinez | Stallworth |
Cherry | Hale | Price | Switalski |
Clark, I. | Hanley | Prusi | Thomas |
Clarke, H. | Hansen | Quarles | Vaughn |
Daniels | Hardman | Rison | Woodward |
DeHart Jacobs
In The Chair: Patterson
Rep. Baird moved to amend the bill as follows:
1. Amend page 1, line 2, after "AS" by striking out the balance of the line and inserting "AN UNCONSTITUTIONAL ACT TO PROHIBIT ALL LEGAL ABORTIONS.".
The question being on the adoption of the amendment offered by Rep. Baird,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Baird,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 765 Yeas--34
Baird | Gieleghem | Lemmons | Scott |
Bogardus | Godchaux | Martinez | Scranton |
Brater | Hale | Minore | Stallworth |
Brewer | Hanley | Price | Switalski |
Cherry | Hansen | Prusi | Tesanovich |
Clark, I. | Hardman | Quarles | Thomas |
Daniels | Jacobs | Rison | Vaughn |
Dennis | Jamnick | Schauer | Woodward |
Garza LaForge
Nays--71
Allen | Frank | LaSata | Rivet |
Basham | Garcia | Law | Rocca |
Birkholz | Geiger | Lockwood | Sanborn |
Bisbee | Gilbert | Mans | Schermesser |
Bishop | Gosselin | Mead | Shackleton |
Bovin | Green | Middaugh | Sheltrown |
Bradstreet | Hager | Mortimer | Shulman |
Brown, B. | Hart | Neumann | Spade |
Brown, C. | Howell | O'Neil | Stamas |
Byl | Jansen | Pappageorge | Tabor |
Callahan | Jelinek | Patterson | Toy |
Caul | Jellema | Perricone | Van Woerkom |
Clarke, H. | Johnson, Rick | Pestka | Vander Roest |
DeRossett | Julian | Pumford | Vear |
DeVuyst | Koetje | Raczkowski | Voorhees |
DeWeese | Kowall | Reeves | Wojno |
Ehardt | Kuipers | Richardville | Woronchak |
Faunce | Kukuk | Richner |
In The Chair: Patterson
______
Rep. Vear moved that Rep. Ehardt be excused temporarily from today's session.
The motion prevailed.
Rep. Brater moved to amend the bill as follows:
1. Amend page 2, line 18, after "Mother." by striking out the balance of the subsection.
The question being on the adoption of the amendment offered by Rep. Brater,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Brater,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 766 Yeas--37
Baird | Garza | LaForge | Schermesser |
Bogardus | Gieleghem | Lemmons | Scott |
Brater | Godchaux | Martinez | Scranton |
Brewer | Hale | Minore | Stallworth |
Cherry | Hanley | Price | Switalski |
Clark, I. | Hansen | Prusi | Tesanovich |
Clarke, H. | Hardman | Quarles | Thomas |
Daniels | Jacobs | Rison | Vaughn |
DeHart | Jamnick | Schauer | Woodward |
Dennis
Nays--68
Allen | Garcia | LaSata | Richner |
Basham | Geiger | Law | Rivet |
Birkholz | Gilbert | Lockwood | Rocca |
Bisbee | Gosselin | Mans | Sanborn |
Bishop | Green | Mead | Shackleton |
Bovin | Hager | Middaugh | Sheltrown |
Bradstreet | Hart | Mortimer | Shulman |
Brown, B. | Howell | Neumann | Spade |
Brown, C. | Jansen | O'Neil | Stamas |
Byl | Jelinek | Pappageorge | Tabor |
Callahan | Jellema | Patterson | Toy |
Caul | Johnson, Rick | Perricone | Van Woerkom |
DeRossett | Julian | Pestka | Vander Roest |
DeVuyst | Koetje | Pumford | Vear |
DeWeese | Kowall | Raczkowski | Voorhees |
Faunce | Kuipers | Reeves | Wojno |
Frank | Kukuk | Richardville | Woronchak |
In The Chair: Patterson
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Scott moved that Rep. Tesanovich be excused temporarily from today's session.
The motion prevailed.
Associate Speaker Pro Tem Scranton resumed the Chair.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 546, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 90g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 767 Yeas--70
Allen | Garcia | Law | Rivet |
Basham | Geiger | Lockwood | Rocca |
Birkholz | Gilbert | Mans | Sanborn |
Bisbee | Gosselin | Mead | Schermesser |
Bishop | Green | Middaugh | Shackleton |
Bovin | Hager | Mortimer | Sheltrown |
Bradstreet | Hart | Neumann | Shulman |
Brown, B. | Howell | O'Neil | Spade |
Brown, C. | Jansen | Pappageorge | Stamas |
Byl | Jelinek | Patterson | Tabor |
Callahan | Jellema | Perricone | Toy |
Caul | Johnson, Rick | Pestka | Van Woerkom |
DeRossett | Julian | Pumford | Vander Roest |
DeVuyst | Koetje | Raczkowski | Vear |
DeWeese | Kowall | Reeves | Voorhees |
Ehardt | Kuipers | Richardville | Wojno |
Faunce | Kukuk | Richner | Woronchak |
Frank LaSata
Nays--37
Baird | Garza | Kilpatrick | Schauer |
Bogardus | Gieleghem | LaForge | Scott |
Brater | Godchaux | Lemmons | Scranton |
Brewer | Hale | Martinez | Stallworth |
Cherry | Hanley | Minore | Switalski |
Clark, I. | Hansen | Price | Tesanovich |
Clarke, H. | Hardman | Prusi | Thomas |
Daniels | Jacobs | Quarles | Vaughn |
DeHart | Jamnick | Rison | Woodward |
Dennis
In The Chair: Scranton
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The House agreed to the full title.
______
Rep. Scranton, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
SB 546 is patently unconstitutional. Because this bill intentionally subverts a woman's constitutional rights and shows a complete and hypocritical disregard for the legality of a medical procedure - I vote No. Clever, semantic smoke and mirror tricks should not be allowed to replace legal rights or to abrogate constitutional principals.
As responsible legislators we should craft policy and laws that prevent tragedy and not punish unavoidable consequences. We should hold firm to the principle that an ounce of prevention is better than a pound of cure. If all focused our time, energy, and funds on birth control and education, this debate would be moot.
This is my statement as made to the members of the House:
I have a statement to make before we vote on this piece of legislation. We all know that this is a bill that will be litigated. We, the legislature, are taking tax dollars to pay for the AG - at this time an amount we don't know. When the state loses this court case, and lose it will, we will also have to pay for the opposition costs. Last time this issue was litigated and lost by the state, we wrote a check for $150,000 to the ACLU. Assuming for the AG, $50,000, that's $200,000 that could be used for contraception instead of litigation. The one thing we can all agree on is that only pregnant woman have abortions to prevent further tragedies in their lives. Contraception prevents these tragedies and prevents abortion. A vote for this bill, and its subsequent expenditures, is a vote to continue the tragedies of abortion. Those who vote to spend on lawyers and court costs and vote not to support abstinence and contraception are legislators who vote for abortion. I say to you - shame on you."
Reps. Brater, Scott, Quarles and Woodward, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted 'no' on Senate Bill 546 because it is unconstitutional.
Senate Bill 546 is unconstitutionally vague and over broad for the following reasons: 1) It does not specify what medical or non-medical procedures are prohibited under it; 2) the bill does not define viable/non-viable fetuses, in fact, the definition of 'live infant' used in this bill is very broad and would include fetuses in the first and second trimesters. Additionally, the bill does not provide the constitutional exception of allowing abortions to protect the health of the mother, the bill only provides 'to save the life of the mother if every reasonable precaution is taken to save the 'live infant's' life'. This bill is not a bill to prohibit 'late term' or 'partial birth' abortions, it will prohibit and place a substantial obstacle and undue burden on a woman's right to abortions within the first and second trimesters. I supported four amendments to make this bill more constitutionally palatable by defining the term viable fetus, making an exception to preserve the mother's health (not life) and to not otherwise prohibit a legal abortion or medical procedure to procure a legal abortion. By making this a maximum life sentence imprisonment coupled with the vagueness in the bill, it could ban abortions making criminals out of doctors who perform safe and otherwise legal abortions here. This is an inappropriate intrusion into the practice of medicine and these medical decisions should be left up to the mother and her physician. By outlawing safe abortions on non-viable fetuses, which is currently a safe procedure performed in a controlled, sterile environment, the bill will once again force women to seek 'back alley' abortions at greater risk to women's health and lives.
House Bill 4656 is the companion bill which places the life imprisonment sentence within Michigan's sentencing guidelines."
Rep. Bogardus, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on SB 546 because it is unconstitutional. It provides no provision to save the health of women. It could prevent fetal surgery because it is so vague doctors could be prosecuted if the fetus died. It also could cause women who seek abortions to be criminally prosecuted."
Rep. Jacobs, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
This legislation is not about protecting infants. It is about turning back the clock. It is about turning back the clock to before Roe vs. Wade when women were forced to go to back rooms for illegal abortions. It is about women dying from infections. It's about women becoming permanently sterilized from improper care. It's about making women and their doctors criminals. It's about disenfranchising women. Why? Because it will create such a chilling effect on doctors who will now face criminal charges that they will no longer perform legal abortions. Women will by, de facto, lose access to safe and legal abortions.
Since I joined this August body, we have seen the systematic disenfranchisement of many people in our state. First we disenfranchised the voters of the City of Detroit when we took over the Detroit Schools. Next this chamber voted not to extend the opportunity to poor people to register to vote when they were fingerprinted to receive food stamps. (By the way, we did discover that this is standard operating procedure by the FIA, so they already do the 'right thing'.)
Recently, we disenfranchised all the college students in Michigan so that the Republican candidate for congress could get a political edge. And today we are taking away the power of women to decide for themselves what is best for them.
This is about disempowering and disenfranchising our sisters, our nieces, our cousins, our wives, our mothers. It is about government making decisions for women that should only be made by women with their families, their doctors, their clergy.
This is about more government in our lives, not less. I can't think of a greater local control issue than the one before us today.
This bill is ironically named the 'Infant Protection Act'. Isn't is odd that this bill went through the Criminal Law and Corrections Committee instead of Health Policy--only proof that its intention is to intimidate, not protect. Ladies and gentleman, if we truly want to decrease unintended pregnancies, then we must step up our efforts through education and family planning--not attempting to criminalize women and their doctors.
All of us come from different backgrounds, cultures, and religions. Each of our religions differ as to when 'life' begins. This legislation serves the theology of some people, not all the people of Michigan. Let us be careful that the theology and moral philosophy of some do not oppress the rights of others. Thank you."
Rep. Gieleghem, 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:
I voted 'no' on Senate Bill 546 because it is unconstitutional.
Senate Bill 546 is unconstitutionally vague and over broad for the following reasons: 1) It does not specify what medical or non-medical procedures are prohibited under it; 2) the bill does not define viable/non-viable fetuses, in fact, the definition of 'live infant' used in this bill is very broad and would include fetuses in the first and second trimesters. Additionally, the bill does not provide the constitutional exception of allowing abortions to protect the health of the mother, the bill only provides 'to save the life of the mother if every reasonable precaution is taken to save the 'live infant's' life'. This bill is not a bill to prohibit 'late term' or 'partial birth' abortions, it will prohibit and place a substantial obstacle and undue burden on a woman's right to abortions within the first and second trimesters. I supported four amendments to make this bill more constitutionally palatable by defining the term viable fetus, making an exception to preserve the mother's health (not life) and to not otherwise prohibit a legal abortion or medical procedure to procure a legal abortion. By making this a maximum life sentence imprisonment coupled with the vagueness in the bill, it could ban abortions making criminals out of doctors who perform safe and otherwise legal abortions here. This is an inappropriate intrusion into the practice of medicine and these medical decisions should be left up to the mother and her physician.
House Bill 4656 is the companion bill which places the life imprisonment sentence within Michigan's sentencing guidelines."
Rep. Raczkowski moved that the bill be given immediate effect.
The question being on the motion made by Rep. Raczkowski,
Rep. Godchaux demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Raczkowski,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 768 Yeas--68
Allen | Frank | Kukuk | Richner |
Basham | Garcia | LaSata | Rivet |
Birkholz | Geiger | Law | Rocca |
Bisbee | Gilbert | Lockwood | Sanborn |
Bishop | Gosselin | Mans | Shackleton |
Bovin | Green | Mead | Sheltrown |
Bradstreet | Hager | Middaugh | Shulman |
Brown, B. | Hart | Mortimer | Spade |
Brown, C. | Howell | Neumann | Stamas |
Byl | Jansen | O'Neil | Tabor |
Callahan | Jelinek | Pappageorge | Toy |
Caul | Jellema | Patterson | Van Woerkom |
DeRossett | Johnson, Rick | Perricone | Vander Roest |
DeVuyst | Julian | Pestka | Vear |
DeWeese | Koetje | Pumford | Voorhees |
Ehardt | Kowall | Raczkowski | Wojno |
Faunce | Kuipers | Richardville | Woronchak |
Nays--37
Baird | Garza | LaForge | Schermesser |
Bogardus | Gieleghem | Lemmons | Scott |
Brater | Godchaux | Martinez | Scranton |
Brewer | Hale | Minore | Stallworth |
Cherry | Hanley | Price | Switalski |
Clark, I. | Hansen | Prusi | Tesanovich |
Clarke, H. | Hardman | Quarles | Thomas |
Daniels | Jacobs | Rison | Vaughn |
DeHart | Jamnick | Schauer | Woodward |
Dennis
In The Chair: Scranton
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4733, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending the title and sections 3, 4, 5, 6, and 8 (MCL 125.2683, 125.2684, 125.2685, 125.2686, and 125.2688) and by adding sections 8a and 8b.
(The bill was received from the Senate on June 10, with concurrence in the House amendment to Senate substitute (S-2), immediate effect defeated, motion for immediate effect made and postponed temporarily on June 10, see House Journal No. 55, p. 1562.)
The question being on the motion made previously by Rep. Raczkowski,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the motion made previously by Rep. Raczkowski,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 769 Yeas--57
Allen | Gilbert | Kuipers | Richner |
Birkholz | Godchaux | Kukuk | Rocca |
Bisbee | Gosselin | LaSata | Sanborn |
Bishop | Green | Law | Scranton |
Bradstreet | Hager | Mead | Shackleton |
Brown, C. | Hart | Middaugh | Shulman |
Caul | Howell | Mortimer | Stamas |
DeRossett | Jansen | Neumann | Tabor |
DeVuyst | Jelinek | Pappageorge | Toy |
DeWeese | Jellema | Patterson | Van Woerkom |
Ehardt | Johnson, Rick | Perricone | Vander Roest |
Faunce | Julian | Pumford | Vear |
Frank | Koetje | Raczkowski | Voorhees |
Garcia | Kowall | Richardville | Woronchak |
Geiger
Nays--39
Basham | Daniels | LaForge | Schermesser |
Bogardus | DeHart | Lemmons | Scott |
Bovin | Garza | Lockwood | Spade |
Brater | Gieleghem | O'Neil | Switalski |
Brewer | Hale | Price | Tesanovich |
Brown, B. | Hanley | Prusi | Thomas |
Callahan | Hansen | Quarles | Vaughn |
Cherry | Hardman | Reeves | Wojno |
Clark, I. | Jacobs | Rison | Woodward |
Clarke, H. | Kilpatrick | Rivet |
In The Chair: Scranton
Rep. Raczkowski moved that the bill be given immediate effect.
The question being on the motion made by Rep. Raczkowski,
Rep. Raczkowski moved that consideration of the motion be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 625, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 4, 6, 8, and 10 (MCL 125.2684, 125.2686, 125.2688, and 125.2690), section 10 as amended by 1999 PA 36.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Economic Development,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Garcia moved to amend the bill as follows:
1. Amend page 3, line 25, after "ZONE" by inserting "UNTIL 2017".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Switalski moved that Rep. Baird be excused temporarily from today's session.
The motion prevailed.
Rep. Raczkowski moved that Rep. Perricone be excused temporarily from today's session.
The motion prevailed.
Rep. Jacobs moved that Reps. Hanley and Kilpatrick be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 625, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 4, 6, 8, and 10 (MCL 125.2684, 125.2686, 125.2688, and 125.2690), section 10 as amended by 1999 PA 36.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 770 Yeas--96
Allen | Garcia | Kukuk | Rivet |
Basham | Garza | LaSata | Rocca |
Birkholz | Geiger | Law | Sanborn |
Bisbee | Gieleghem | Lemmons | Schauer |
Bishop | Gilbert | Lockwood | Schermesser |
Bogardus | Godchaux | Mans | Scott |
Bovin | Gosselin | Martinez | Scranton |
Brewer | Green | Mead | Shackleton |
Brown, B. | Hager | Middaugh | Sheltrown |
Brown, C. | Hale | Minore | Shulman |
Byl | Hansen | Mortimer | Spade |
Callahan | Hardman | Neumann | Stamas |
Caul | Hart | O'Neil | Switalski |
Cherry | Howell | Pappageorge | Tabor |
Clark, I. | Jacobs | Patterson | Thomas |
Clarke, H. | Jamnick | Pestka | Toy |
Daniels | Jansen | Price | Van Woerkom |
Dennis | Jelinek | Pumford | Vander Roest |
DeRossett | Jellema | Quarles | Vaughn |
DeVuyst | Johnson, Rick | Raczkowski | Vear |
DeWeese | Julian | Reeves | Voorhees |
Ehardt | Koetje | Richardville | Wojno |
Faunce | Kowall | Richner | Woodward |
Frank | Kuipers | Rison | Woronchak |
Nays--6
Bradstreet DeHart Prusi Tesanovich
Brater LaForge
In The Chair: Scranton
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to create certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,".
The House agreed to the full title.
Rep. Raczkowski moved that the bill be given immediate effect.
The question being on the motion made by Rep. Raczkowski,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Raczkowski,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 771 Yeas--62
Allen | Geiger | Kukuk | Sanborn |
Birkholz | Gilbert | LaSata | Schauer |
Bisbee | Godchaux | Law | Scranton |
Bishop | Gosselin | Mans | Shackleton |
Bradstreet | Green | Mead | Sheltrown |
Brewer | Hager | Middaugh | Shulman |
Brown, C. | Hart | Mortimer | Spade |
Byl | Howell | Neumann | Stamas |
Caul | Jansen | Pappageorge | Tabor |
DeRossett | Jelinek | Patterson | Toy |
DeVuyst | Jellema | Pumford | Van Woerkom |
DeWeese | Johnson, Rick | Raczkowski | Vander Roest |
Ehardt | Julian | Richardville | Vear |
Faunce | Koetje | Richner | Voorhees |
Frank | Kowall | Rocca | Woronchak |
Garcia Kuipers
Nays--32
Basham | Daniels | Jacobs | Schermesser |
Bogardus | DeHart | LaForge | Scott |
Bovin | Dennis | Lemmons | Stallworth |
Brater | Garza | Price | Switalski |
Brown, B. | Gieleghem | Prusi | Tesanovich |
Callahan | Hale | Quarles | Vaughn |
Clark, I. | Hansen | Reeves | Wojno |
Clarke, H. | Hardman | Rison | Woodward |
In The Chair: Scranton
Rep. Raczkowski moved that the bill be given immediate effect.
The question being on the motion by Rep. Raczkowski,
Rep. Raczkowski moved that consideration of the motion be postponed temporarily.
The motion prevailed.
The House returned to the consideration of
House Bill No. 4656, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as added by 1998 PA 317.
(The bill was considered earlier today, see today's journal, p. 1582.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 772 Yeas--67
Allen | Garcia | LaSata | Rocca |
Basham | Geiger | Law | Sanborn |
Birkholz | Gilbert | Lockwood | Schermesser |
Bisbee | Gosselin | Mans | Shackleton |
Bishop | Green | Mead | Sheltrown |
Bovin | Hager | Middaugh | Shulman |
Bradstreet | Hart | Neumann | Spade |
Brown, B. | Howell | O'Neil | Stamas |
Brown, C. | Jansen | Pappageorge | Tabor |
Byl | Jelinek | Patterson | Toy |
Caul | Jellema | Pestka | Van Woerkom |
DeRossett | Johnson, Rick | Pumford | Vander Roest |
DeVuyst | Julian | Raczkowski | Vear |
DeWeese | Koetje | Reeves | Voorhees |
Ehardt | Kowall | Richardville | Wojno |
Faunce | Kuipers | Richner | Woronchak |
Frank | Kukuk | Rivet |
Nays--37
Baird | Garza | Kilpatrick | Schauer |
Bogardus | Gieleghem | LaForge | Scott |
Brater | Godchaux | Lemmons | Scranton |
Brewer | Hale | Martinez | Stallworth |
Cherry | Hanley | Minore | Switalski |
Clark, I. | Hansen | Price | Tesanovich |
Clarke, H. | Hardman | Prusi | Thomas |
Daniels | Jacobs | Quarles | Vaughn |
DeHart | Jamnick | Rison | Woodward |
Dennis
In The Chair: Scranton
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House returned to the consideration of
Senate Bill No. 592, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5431 (MCL 333.5431), as amended by 1998 PA 88.
(The bill was considered earlier today, see today's journal, p. 1581.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 773 Yeas--101
Allen | Frank | Kuipers | Richner |
Baird | Garcia | Kukuk | Rivet |
Basham | Garza | LaForge | Rocca |
Birkholz | Geiger | LaSata | Sanborn |
Bisbee | Gieleghem | Law | Schauer |
Bishop | Gilbert | Lemmons | Schermesser |
Bogardus | Godchaux | Lockwood | Scott |
Bovin | Gosselin | Mans | Scranton |
Brater | Green | Martinez | Shackleton |
Brewer | Hager | Mead | Shulman |
Brown, B. | Hale | Middaugh | Spade |
Brown, C. | Hansen | Minore | Stallworth |
Byl | Hardman | Mortimer | Stamas |
Callahan | Hart | Neumann | Switalski |
Caul | Howell | O'Neil | Tabor |
Cherry | Jacobs | Pappageorge | Tesanovich |
Clark, I. | Jamnick | Patterson | Thomas |
Clarke, H. | Jansen | Pestka | Toy |
Daniels | Jelinek | Price | Van Woerkom |
DeHart | Jellema | Prusi | Vander Roest |
Dennis | Johnson, Rick | Pumford | Vear |
DeRossett | Julian | Quarles | Voorhees |
DeVuyst | Kilpatrick | Raczkowski | Wojno |
DeWeese | Koetje | Reeves | Woodward |
Ehardt | Kowall | Richardville | Woronchak |
Faunce
Nays--3
Bradstreet Sheltrown Vaughn
In The Chair: Scranton
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".
The House agreed to the full title.
Rep. Raczkowski 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
Messages from the Senate
The Speaker laid before the House
House Bill No. 4471, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3104, 3109a, 3119, 30101, 30104, 30105, 30109, 32312, 32501, and 32513 (MCL 324.3104, 324.3109a, 324.3119, 324.30101, 324.30104, 324.30105, 324.30109, 324.32312, 324.32501, and 324.32513), section 3104 as amended by 1995 PA 169, section 3109a as added by 1995 PA 70, sections 30101 and 32501 as added by 1995 PA 59, section 30104 as amended by 1996 PA 97, sections 30105 and 30109 as amended by 1995 PA 171, section 32312 as amended by 1995 PA 168, and section 32513 as amended by 1995 PA 170.
(The bill was received from the Senate on June 9, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 10, see House Journal No. 54, p. 1434; amendment offered and bill postponed temporarily on June 10, see House Journal No. 55, p. 1518.)
The question being on the adoption of the amendment offered previously by Rep. DeVuyst,
Rep. DeVuyst withdrew the amendment.
The question being on concurring in 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. 774 Yeas--101
Allen | Frank | Kukuk | Rocca |
Baird | Garcia | LaSata | Sanborn |
Basham | Garza | Law | Schauer |
Birkholz | Geiger | Lemmons | Schermesser |
Bisbee | Gieleghem | Lockwood | Scott |
Bishop | Gilbert | Mans | Scranton |
Bogardus | Godchaux | Martinez | Shackleton |
Bovin | Gosselin | Mead | Sheltrown |
Bradstreet | Green | Middaugh | Shulman |
Brater | Hager | Minore | Spade |
Brewer | Hale | Mortimer | Stallworth |
Brown, B. | Hansen | Neumann | Stamas |
Brown, C. | Hardman | O'Neil | Switalski |
Byl | Howell | Pappageorge | Tabor |
Callahan | Jacobs | Patterson | Tesanovich |
Caul | Jamnick | Pestka | Thomas |
Cherry | Jansen | Price | Toy |
Clark, I. | Jelinek | Prusi | Van Woerkom |
Clarke, H. | Jellema | Pumford | Vander Roest |
Daniels | Johnson, Rick | Quarles | Vaughn |
DeHart | Julian | Raczkowski | Vear |
DeRossett | Kelly | Reeves | Voorhees |
DeVuyst | Koetje | Richardville | Wojno |
DeWeese | Kowall | Richner | Woodward |
Ehardt | Kuipers | Rivet | Woronchak |
Faunce
Nays--0
In The Chair: Scranton
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The House returned to the consideration of
House Bill No. 4733, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending the title and sections 3, 4, 5, 6, and 8 (MCL 125.2683, 125.2684, 125.2685, 125.2686, and 125.2688) and by adding sections 8a and 8b.
(The bill was considered earlier today, see today's journal, p. 1593.)
The question being on the motion made previously by Rep. Raczkowski that House Bill No. 4733 be given immediate effect,
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
The question being on the motion made previously by Rep. Raczkowski that Senate Bill No. 625 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
Messages from the Senate
The Speaker laid before the House
House Bill No. 4065, entitled
A bill to make appropriations for the department of career development and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
(The bill was received from the Senate on June 10, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 17, see House Journal No. 55, p. 1561.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Baird moved to amend the Senate substitute (S-1) as follows:
1. Amend page 29, following line 2, by inserting:
"Sec. 412. (1) From funds appropriated in section 103 for clean Michigan initiative fund-pollution prevention activities, the department of environmental quality shall make grants to implement a children's health pollution prevention initiative. The grants described in this subsection shall be made for the following voluntary, cooperative projects:
(a) Up to $50,000.00 for a pilot work project to demonstrate the cost-effectiveness of methods to assist businesses and municipalities in reducing emissions of air pollutants known or suspected by the department or the United States environmental protection agency of inducing childhood cancer, birth defects, or developmental effects in children. The selected work project shall demonstrate the potential for reductions from air emissions sources within 1/4 mile of schools, day care centers, and residences.
(b) Up to $50,000.00 for grants to assist businesses in reducing the use of metals known or suspected of causing health effects in children, including but not limited to lead, chromium, and cadmium.
(c) Up to $25,000.00 for grants to reduce the concentrations of drinking water contaminants known or suspected of causing illness in children, including but not limited to E. coli from animal waste, septic waste, and fertilizer runoff, and microorganisms that may result from anthropogenic sources.
(2) The department of environmental quality shall issue a request for proposals for each of the categories of funding described in subsection (1) by September 1, 1999, specifying the information required to complete applications and a 10% match requirement for all applicants.".
2. Amend page 29, following line 2, by inserting:
"Sec. 413. Not later than September 30, 1999, the department shall provide to the legislature a report containing the following information to assist with development of future pollution prevention appropriations:
(a) An estimate of the type and volume of air and water emissions of substances known or suspected by the department and the United States environmental protection agency of affecting the development of children released in this state during 1997 and 1998.
(b) A description of the relative contribution by percentage of the principal sources of the emissions described in subdivision (a) by category, including municipal incinerators and wastewater treatment plants, industrial facilities, and others. For industrial facilities, the department shall provide an estimate of the relative contribution of individual industry sectors.
(c) An assessment of the potential for reduction in emissions described in this section that can be accomplished through funding of voluntary pollution prevention projects from the clean Michigan initiative or other state sources.".
The question being on the adoption of the amendments offered by Rep. Baird,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Baird,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 775 Yeas--49
Baird | Dennis | Lockwood | Schermesser |
Basham | Frank | Martinez | Scott |
Bogardus | Garza | Minore | Shackleton |
Bovin | Gieleghem | Neumann | Sheltrown |
Brater | Hale | O'Neil | Spade |
Brewer | Hansen | Pestka | Stallworth |
Brown, B. | Hardman | Prusi | Switalski |
Callahan | Jacobs | Quarles | Tesanovich |
Cherry | Jamnick | Reeves | Thomas |
Clark, I. | Kelly | Rison | Vaughn |
Clarke, H. | LaForge | Rivet | Wojno |
Daniels | Lemmons | Schauer | Woodward |
DeHart
Nays--58
Allen | Godchaux | Kuipers | Richardville |
Birkholz | Gosselin | Kukuk | Richner |
Bisbee | Green | LaSata | Rocca |
Bishop | Hager | Law | Sanborn |
Bradstreet | Hanley | Mans | Scranton |
Brown, C. | Hart | Mead | Shulman |
Byl | Howell | Middaugh | Stamas |
Caul | Jansen | Mortimer | Tabor |
DeRossett | Jelinek | Pappageorge | Toy |
DeVuyst | Jellema | Patterson | Van Woerkom |
DeWeese | Johnson, Rick | Perricone | Vander Roest |
Faunce | Julian | Price | Vear |
Garcia | Kilpatrick | Pumford | Voorhees |
Geiger | Koetje | Raczkowski | Woronchak |
Gilbert Kowall
In The Chair: Scranton
Rep. Brater moved to amend the Senate substitute (S-1) as follows:
1. Amend page 29, following line 2, by inserting:
"Sec. 412. In promulgating rules for the clean water fund pursuant to section 8808 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8808, the department shall specify in the rules that funding for ambient water quality monitoring programs shall not exceed $10,000,000.00. The department shall provide the legislature with a list of specific projects to be funded from the clean water fund as part of their request for appropriations from the fund.".
The question being on the adoption of the amendment offered by Rep. Brater,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Brater,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 776 Yeas--44
Baird | Daniels | Kelly | Rison |
Basham | DeHart | LaForge | Schauer |
Bogardus | Dennis | Lemmons | Schermesser |
Bovin | Frank | Lockwood | Scott |
Brater | Garza | Martinez | Sheltrown |
Brewer | Gieleghem | Minore | Stallworth |
Brown, B. | Hale | Neumann | Switalski |
Callahan | Hansen | Pestka | Thomas |
Cherry | Hardman | Prusi | Vaughn |
Clark, I. | Jacobs | Quarles | Wojno |
Clarke, H. | Jamnick | Reeves | Woodward |
Nays--62
Allen | Godchaux | Kukuk | Rivet |
Birkholz | Gosselin | LaSata | Rocca |
Bisbee | Green | Law | Sanborn |
Bishop | Hager | Mans | Scranton |
Bradstreet | Hanley | Mead | Shackleton |
Brown, C. | Hart | Middaugh | Shulman |
Byl | Howell | Mortimer | Spade |
Caul | Jansen | O'Neil | Stamas |
DeRossett | Jelinek | Pappageorge | Tabor |
DeVuyst | Jellema | Patterson | Toy |
DeWeese | Johnson, Rick | Perricone | Van Woerkom |
Ehardt | Julian | Pumford | Vander Roest |
Faunce | Kilpatrick | Raczkowski | Vear |
Garcia | Koetje | Richardville | Voorhees |
Geiger | Kowall | Richner | Woronchak |
Gilbert Kuipers
In The Chair: Scranton
Rep. Brater moved to amend the Senate substitute (S-1) as follows:
1. Amend page 29, following line 2, by inserting:
"Sec. 412. Not less than $2,000,000.00 of the funds appropriated in section 103 for clean Michigan initiative fund - pollution prevention activities shall be used for grants to support voluntary, cooperative projects as follows:
(a) Not less than $1,000,000.00 shall be made available to implement the state energy bank recommended in the April 1996 final report of the department of environmental quality mercury pollution prevention task force. The department shall offer zero-interest loans to assist local governments, school districts, and other public agencies to conduct energy efficiency audits of public buildings that analyze the potential for reduced electric demand, lowered electricity bills, and reduced emissions of mercury and other pollutants resulting from electricity generation. The department may work cooperatively with other state agencies to implement this program, and may develop other financial mechanisms to support energy-related capital improvements for public buildings that reduce emissions resulting from electricity generation.
(b) Not less than $1,000,000.00 shall be made available for projects involving municipalities, hospitals, nonprofit organizations, and businesses to reduce or eliminate the use and release of mercury and the emission of dioxin compounds. Eligible expenditures shall include those which support 1 or more of the following:
(i) Equipment needed to separate prior to incineration, or recycle, mercury-bearing materials and plastics that are precursors to dioxin formation when incinerated.
(ii) Costs of replacing mercury-containing equipment with mercury-free substitutes.
(iii) Technical assistance to identify sources of, and safe alternatives to, mercury equipment and plastics that are precursors to dioxin formation when incinerated.
(iv) Development and dissemination to municipalities, hospitals, nonprofit organizations, and businesses of a list of the safe alternatives identified in subparagraph (iii).
(v) Other expenditures which can be demonstrated to result in reduced mercury and dioxin emissions through pollution prevention projects as that term is defined in section 14501 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.14501.".
The question being on the adoption of the amendment offered by Rep. Brater,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Brater,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 777 Yeas--44
Baird | Daniels | Kelly | Schauer |
Basham | DeHart | LaForge | Schermesser |
Bogardus | Dennis | Lemmons | Scott |
Bovin | Frank | Lockwood | Shackleton |
Brater | Garza | Martinez | Sheltrown |
Brewer | Gieleghem | Minore | Spade |
Brown, B. | Hale | Pestka | Stallworth |
Callahan | Hansen | Prusi | Switalski |
Cherry | Hardman | Quarles | Vaughn |
Clark, I. | Jacobs | Reeves | Wojno |
Clarke, H. | Jamnick | Rivet | Woodward |
Nays--57
Allen | Godchaux | Kukuk | Richardville |
Birkholz | Gosselin | LaSata | Richner |
Bisbee | Green | Law | Rocca |
Bishop | Hager | Mans | Sanborn |
Bradstreet | Howell | Mead | Scranton |
Brown, C. | Jansen | Middaugh | Shulman |
Byl | Jelinek | Mortimer | Stamas |
Caul | Jellema | O'Neil | Tabor |
DeVuyst | Johnson, Rick | Pappageorge | Toy |
DeWeese | Julian | Patterson | Van Woerkom |
Ehardt | Kilpatrick | Perricone | Vander Roest |
Faunce | Koetje | Price | Vear |
Garcia | Kowall | Pumford | Voorhees |
Geiger | Kuipers | Raczkowski | Woronchak |
Gilbert
In The Chair: Scranton
Rep. Brater moved to amend the Senate substitute (S-1) as follows:
1. Amend page 10, line 15, after "Sec. 405." by striking out "The" and inserting "Subject to section 405a, the".
2. Amend page 14, following line 3, by inserting:
"Sec. 405a. (1) From the funds appropriated in section 103 for the environmental cleanup and redevelopment program, not more than $25,000,000.00 shall be used to remediate the following contaminated sites:
(a) G & H Landfill, Macomb County
(b) Total Petroleum, Mt. Pleasant
(c) Saginaw River and Saginaw Bay
(d) GMPT, Bay City
(e) D & B Buildings, Buchanan
(f) Grand Trunk Western Railroad, Battle Creek
(g) Portage Creek, Kalamazoo River, Kalamazoo
(h) Ionia City Landfill, Ionia
(i) Bofors Nobel, Inc., Muskegon
(j) Rose Township dump, Oakland County
(k) Bay City Middlegrounds, Bay City
(l) Kuhlman Electric, Bay City
(m) MDOT Boardman Yard, Traverse City
(n) Green Bay Paint sludge, Menominee
(o) State Prison of Southern Michigan, Jackson
(p) Auto Specialties, St. Joseph
(q) Village of Douglas, Douglas
(r) Scott-Fetzor Plant, Bronson
(s) Bruce Products Corporation, Howell
(t) Florida Gas, Laurium
(u) Cannelton Industries, Sault Ste. Marie
(v) Abitibi-Price, Alpena
(w) Lake State Railway, Alpena
(x) Marathon Oil Production, Muskegon
(y) Arkona Road Landfill, Milan".
The question being on the adoption of the amendments offered by Rep. Brater,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Brater,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 778 Yeas--46
Baird | Frank | Martinez | Schermesser |
Basham | Garza | Minore | Scott |
Bogardus | Gieleghem | Neumann | Shackleton |
Brater | Hale | Pestka | Stallworth |
Brown, B. | Hansen | Prusi | Switalski |
Callahan | Hardman | Quarles | Tesanovich |
Caul | Jacobs | Reeves | Thomas |
Cherry | Jamnick | Rison | Van Woerkom |
Clarke, H. | Kelly | Rivet | Vaughn |
Daniels | LaForge | Rocca | Wojno |
DeHart | Lemmons | Schauer | Woodward |
Dennis Lockwood
Nays--60
Allen | Gilbert | Kowall | Raczkowski |
Birkholz | Godchaux | Kuipers | Richardville |
Bisbee | Gosselin | Kukuk | Richner |
Bishop | Green | LaSata | Sanborn |
Bovin | Hager | Law | Scranton |
Bradstreet | Hanley | Mans | Sheltrown |
Brown, C. | Hart | Mead | Shulman |
Byl | Howell | Middaugh | Spade |
DeRossett | Jansen | Mortimer | Stamas |
DeVuyst | Jelinek | O'Neil | Tabor |
DeWeese | Jellema | Pappageorge | Toy |
Ehardt | Johnson, Rick | Patterson | Vander Roest |
Faunce | Julian | Perricone | Vear |
Garcia | Kilpatrick | Price | Voorhees |
Geiger | Koetje | Pumford | Woronchak |
In The Chair: Scranton
Rep. Callahan moved to amend the Senate substitute (S-1) as follows:
1. Amend page 29, following line 2, by inserting:
"Sec. 412. The department of environmental quality shall pursue cost recovery from potentially responsible parties pursuant to cleanup projects financed through section 103(3) of this act. The department shall provide an itemized report to the house and senate standing and appropriations subcommittees on environmental quality detailing any recovered funds required under this subsection, by December 31, 1999".
The question being on the adoption of the amendment offered by Rep. Callahan,
Rep. Callahan demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Callahan,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 779 Yeas--45
Baird | Frank | Lemmons | Schermesser |
Basham | Garza | Lockwood | Scott |
Bogardus | Gieleghem | Minore | Shackleton |
Brater | Gilbert | Neumann | Sheltrown |
Brown, B. | Hale | O'Neil | Spade |
Callahan | Hansen | Pestka | Stallworth |
Cherry | Hardman | Prusi | Switalski |
Clarke, H. | Jacobs | Quarles | Thomas |
Daniels | Jamnick | Rison | Vaughn |
DeHart | Kelly | Rivet | Wojno |
Dennis | LaForge | Schauer | Woodward |
Faunce
Nays--57
Allen | Gosselin | Kuipers | Richardville |
Birkholz | Green | Kukuk | Richner |
Bisbee | Hager | LaSata | Rocca |
Bishop | Hanley | Law | Sanborn |
Bovin | Hart | Mans | Scranton |
Bradstreet | Howell | Mead | Shulman |
Brown, C. | Jansen | Middaugh | Stamas |
Byl | Jelinek | Mortimer | Tabor |
Caul | Jellema | Pappageorge | Tesanovich |
DeRossett | Johnson, Rick | Patterson | Toy |
DeVuyst | Julian | Perricone | Van Woerkom |
DeWeese | Kilpatrick | Price | Vander Roest |
Ehardt | Koetje | Pumford | Voorhees |
Garcia | Kowall | Raczkowski | Woronchak |
Godchaux
In The Chair: Scranton
Rep. Callahan moved to amend the Senate substitute (S-1) as follows:
1. Amend page 5, following line 9, by inserting:
"Water pollution prevention and monitoring 250,000".
2. Amend page 5, line 17, by striking out "0" and inserting "250,000" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 29, following line 2, by inserting:
"Sec. 412. The money appropriated in section 103 for water pollution prevention and monitoring shall be used to establish a comprehensive public right-to-know electronic data base containing accurate and timely information accessible to the public on the quality and safety of public bathing beaches.".
The question being on the adoption of the amendments offered by Rep. Callahan,
Rep. Callahan demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Callahan,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 780 Yeas--46
Baird | Faunce | Lemmons | Rocca |
Basham | Frank | Lockwood | Sanborn |
Bogardus | Garza | Martinez | Schauer |
Brater | Gieleghem | Minore | Schermesser |
Brewer | Gilbert | Neumann | Scott |
Callahan | Hale | O'Neil | Shackleton |
Cherry | Hansen | Pestka | Sheltrown |
Clark, I. | Hardman | Prusi | Switalski |
Clarke, H. | Jacobs | Quarles | Vaughn |
Daniels | Jamnick | Reeves | Wojno |
DeHart | Kelly | Rison | Woodward |
Dennis LaForge
Nays--59
Allen | Gosselin | Kukuk | Scranton |
Birkholz | Green | LaSata | Shulman |
Bisbee | Hager | Law | Spade |
Bishop | Hanley | Mans | Stallworth |
Bovin | Hart | Mead | Stamas |
Bradstreet | Howell | Middaugh | Tabor |
Brown, C. | Jansen | Mortimer | Tesanovich |
Byl | Jelinek | Pappageorge | Thomas |
Caul | Jellema | Patterson | Toy |
DeRossett | Johnson, Rick | Perricone | Van Woerkom |
DeVuyst | Julian | Price | Vander Roest |
DeWeese | Kilpatrick | Pumford | Vear |
Ehardt | Koetje | Raczkowski | Voorhees |
Garcia | Kowall | Richardville | Woronchak |
Godchaux | Kuipers | Richner |
In The Chair: Scranton
Reps. Callahan and Gieleghem moved to amend the Senate substitute (S-1) as follows:
1. Amend page 4, following line 6, by inserting:
"Septic field disposal station 1,600,000
Illicit connection/sediment remediation demonstration project 1,000,000
Twelve towns drain 1,000,000".
2. Amend page 4, line 12, by striking out "12,000,000" and inserting "15,600,000".
3. Amend page 5, following line 9, by inserting:
"Sanitary sewage mapping 1,500,000".
4. Amend page 5, line 14, by striking out "15,000,000" and inserting "16,500,000", and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Reps. Callahan and Gieleghem,
Rep. Callahan demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Callahan and Gieleghem,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 781 Yeas--43
Baird | Frank | Martinez | Schauer |
Basham | Gieleghem | Minore | Schermesser |
Bogardus | Gilbert | Neumann | Scott |
Brater | Hale | O'Neil | Shackleton |
Brewer | Hansen | Prusi | Sheltrown |
Callahan | Jacobs | Quarles | Switalski |
Clarke, H. | Jamnick | Reeves | Tesanovich |
Daniels | Kelly | Rison | Vaughn |
DeHart | LaForge | Rivet | Wojno |
Dennis | Lockwood | Rocca | Woodward |
Faunce | Mans | Sanborn |
Nays--59
Allen | Geiger | Koetje | Raczkowski |
Birkholz | Godchaux | Kowall | Richardville |
Bisbee | Gosselin | Kuipers | Richner |
Bishop | Green | Kukuk | Scranton |
Bovin | Hager | LaSata | Shulman |
Bradstreet | Hanley | Law | Spade |
Brown, B. | Hardman | Mead | Stallworth |
Brown, C. | Hart | Middaugh | Stamas |
Byl | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pestka | Vear |
Ehardt | Julian | Price | Voorhees |
Garcia | Kilpatrick | Pumford |
In The Chair: Scranton
______
Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.
The motion prevailed.
The question being on concurring in 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. 782 Yeas--106
Allen | Frank | Kukuk | Rivet |
Baird | Garcia | LaSata | Rocca |
Basham | Garza | Law | Sanborn |
Birkholz | Geiger | Lemmons | Schauer |
Bisbee | Gieleghem | Lockwood | Schermesser |
Bishop | Gilbert | Mans | Scott |
Bogardus | Godchaux | Martinez | Scranton |
Bovin | Green | Mead | Shackleton |
Bradstreet | Hager | Middaugh | Sheltrown |
Brater | Hale | Minore | Shulman |
Brewer | Hanley | Mortimer | Spade |
Brown, B. | Hansen | Neumann | Stallworth |
Brown, C. | Hardman | O'Neil | Stamas |
Byl | Hart | Pappageorge | Switalski |
Callahan | Howell | Patterson | Tabor |
Caul | Jacobs | Perricone | Tesanovich |
Cherry | Jamnick | Pestka | Thomas |
Clark, I. | Jansen | Price | Toy |
Clarke, H. | Jelinek | Prusi | Van Woerkom |
Daniels | Jellema | Pumford | Vander Roest |
DeHart | Johnson, Rick | Quarles | Vaughn |
Dennis | Julian | Raczkowski | Vear |
DeRossett | Kelly | Reeves | Voorhees |
DeVuyst | Kilpatrick | Richardville | Wojno |
DeWeese | Koetje | Richner | Woodward |
Ehardt | Kowall | Rison | Woronchak |
Faunce Kuipers
Nays--0
In The Chair: Scranton
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4075, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, and certain other state purposes for the fiscal year ending September 30, 1999 and for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Raczkowski moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Spade moved to amend the Senate substitute (S-1) as follows:
1. Amend page 13, line 14, by striking out "250,000" and inserting "653,000" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendment offered by Rep. Spade,
Rep. Spade demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Spade,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 783 Yeas--49
Baird | Garza | Mans | Schermesser |
Basham | Gieleghem | Martinez | Scott |
Bogardus | Hager | Minore | Shackleton |
Bovin | Hale | Neumann | Sheltrown |
Brater | Hansen | O'Neil | Spade |
Brewer | Jacobs | Pestka | Switalski |
Brown, B. | Jamnick | Price | Tesanovich |
Callahan | Julian | Prusi | Vander Roest |
Clark, I. | Kelly | Quarles | Vaughn |
Clarke, H. | LaForge | Richardville | Wojno |
DeHart | Lemmons | Rison | Woodward |
Dennis | Lockwood | Rivet | Woronchak |
Frank
Nays--53
Allen | Gilbert | Kowall | Reeves |
Birkholz | Godchaux | Kuipers | Richner |
Bisbee | Gosselin | Kukuk | Rocca |
Bishop | Green | LaSata | Sanborn |
Bradstreet | Hanley | Law | Scranton |
Brown, C. | Hardman | Mead | Shulman |
Byl | Hart | Middaugh | Stallworth |
Caul | Jansen | Mortimer | Stamas |
DeRossett | Jelinek | Pappageorge | Tabor |
DeWeese | Jellema | Patterson | Toy |
Ehardt | Johnson, Rick | Perricone | Van Woerkom |
Faunce | Kilpatrick | Pumford | Vear |
Garcia | Koetje | Raczkowski | Voorhees |
Geiger
In The Chair: Scranton
Rep. Vander Roest moved to amend the Senate substitute (S-1) as follows:
1. Amend page 16, following line 8, by inserting:
"Vocational rehabilitation independent living 402,000"
and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendment offered by Rep. Vander Roest,
Rep. Vander Roest demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Vander Roest,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 784 Yeas--53
Baird | DeHart | Lemmons | Schermesser |
Basham | Dennis | Mans | Scott |
Birkholz | Frank | Martinez | Shackleton |
Bogardus | Garza | Middaugh | Sheltrown |
Bovin | Gieleghem | Minore | Spade |
Bradstreet | Gosselin | Neumann | Stamas |
Brater | Hale | O'Neil | Switalski |
Brewer | Hansen | Prusi | Tesanovich |
Brown, B. | Jacobs | Richardville | Vander Roest |
Callahan | Jamnick | Rison | Vaughn |
Caul | Julian | Rivet | Wojno |
Cherry | Kelly | Rocca | Woodward |
Clark, I. | LaForge | Schauer | Woronchak |
Clarke, H.
Nays--51
Allen | Godchaux | Kuipers | Reeves |
Bisbee | Hager | Kukuk | Richner |
Bishop | Hanley | LaSata | Sanborn |
Brown, C. | Hardman | Law | Scranton |
Byl | Hart | Lockwood | Shulman |
DeRossett | Howell | Mead | Stallworth |
DeVuyst | Jansen | Mortimer | Tabor |
DeWeese | Jelinek | Pappageorge | Thomas |
Ehardt | Jellema | Patterson | Toy |
Faunce | Johnson, Rick | Perricone | Van Woerkom |
Garcia | Kilpatrick | Price | Vear |
Geiger | Koetje | Pumford | Voorhees |
Gilbert | Kowall | Raczkowski |
In The Chair: Scranton
Rep. Martinez moved to amend the Senate substitute (S-1) as follows:
1. Amend page 29, following line 23, by striking out all of section 1204.
The question being on the adoption of the amendment offered by Rep. Martinez,
Rep. Martinez demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Martinez,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 785 Yeas--38
Baird | DeHart | Lockwood | Schauer |
Basham | Dennis | Mans | Schermesser |
Bogardus | Frank | Martinez | Scott |
Bovin | Garza | Minore | Shackleton |
Brater | Hansen | Neumann | Sheltrown |
Brewer | Jacobs | O'Neil | Switalski |
Cherry | Jamnick | Prusi | Tesanovich |
Clark, I. | Kelly | Quarles | Vaughn |
Clarke, H. | LaForge | Rison | Woodward |
Daniels Lemmons
Nays--66
Allen | Gilbert | Kuipers | Rivet |
Birkholz | Godchaux | Kukuk | Rocca |
Bisbee | Gosselin | LaSata | Sanborn |
Bishop | Green | Law | Scranton |
Bradstreet | Hager | Mead | Shulman |
Brown, B. | Hale | Middaugh | Spade |
Brown, C. | Hardman | Mortimer | Stamas |
Byl | Hart | Pappageorge | Tabor |
Callahan | Howell | Patterson | Thomas |
Caul | Jansen | Perricone | Toy |
DeRossett | Jelinek | Price | Van Woerkom |
DeVuyst | Jellema | Pumford | Vander Roest |
DeWeese | Johnson, Rick | Raczkowski | Vear |
Ehardt | Julian | Reeves | Voorhees |
Faunce | Kilpatrick | Richardville | Wojno |
Garcia | Koetje | Richner | Woronchak |
Geiger Kowall
In The Chair: Scranton
Rep. Brater moved to amend the Senate substitute (S-1) as follows:
1. Amend page 33, following line 24, section 1308(1)(d), by striking out "A brief" and inserting "The cleanup level and a".
The question being on the adoption of the amendment offered by Rep. Brater,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Brater,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 786 Yeas--47
Baird | Frank | Lockwood | Scott |
Basham | Garza | Mans | Shackleton |
Bogardus | Gieleghem | Martinez | Sheltrown |
Bovin | Gilbert | Minore | Spade |
Brater | Hale | Neumann | Switalski |
Brown, B. | Hansen | O'Neil | Tesanovich |
Callahan | Hardman | Prusi | Thomas |
Cherry | Jacobs | Quarles | Vaughn |
Clark, I. | Jamnick | Reeves | Wojno |
Clarke, H. | Kelly | Rison | Woodward |
DeHart | LaForge | Schauer | Woronchak |
Dennis | Lemmons | Schermesser |
Nays--56
Allen | Geiger | Kowall | Richardville |
Birkholz | Godchaux | Kuipers | Richner |
Bisbee | Gosselin | Kukuk | Rocca |
Bishop | Green | LaSata | Sanborn |
Bradstreet | Hager | Law | Scranton |
Brown, C. | Hart | Mead | Shulman |
Byl | Howell | Middaugh | Stallworth |
Caul | Jansen | Mortimer | Stamas |
DeRossett | Jelinek | Pappageorge | Tabor |
DeVuyst | Jellema | Patterson | Toy |
DeWeese | Johnson, Rick | Perricone | Van Woerkom |
Ehardt | Julian | Price | Vander Roest |
Faunce | Kilpatrick | Pumford | Vear |
Garcia | Koetje | Raczkowski | Voorhees |
In The Chair: Scranton
The question being on concurring in 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. 787 Yeas--91
Allen | Garcia | LaSata | Sanborn |
Baird | Garza | Law | Schauer |
Basham | Geiger | Lemmons | Schermesser |
Birkholz | Godchaux | Lockwood | Scott |
Bisbee | Green | Mans | Scranton |
Bovin | Hager | Martinez | Sheltrown |
Brater | Hale | Mead | Shulman |
Brewer | Hansen | Minore | Spade |
Brown, B. | Hardman | Mortimer | Stallworth |
Byl | Hart | O'Neil | Stamas |
Callahan | Howell | Pappageorge | Switalski |
Caul | Jacobs | Patterson | Tabor |
Cherry | Jansen | Perricone | Tesanovich |
Clark, I. | Jelinek | Pestka | Thomas |
Clarke, H. | Jellema | Price | Toy |
Daniels | Johnson, Rick | Prusi | Van Woerkom |
DeHart | Julian | Pumford | Vaughn |
Dennis | Kelly | Quarles | Vear |
DeRossett | Kilpatrick | Raczkowski | Voorhees |
DeVuyst | Koetje | Reeves | Wojno |
DeWeese | Kowall | Richner | Woodward |
Ehardt | Kuipers | Rison | Woronchak |
Frank | Kukuk | Rivet |
Nays--16
Bishop | Faunce | Jamnick | Richardville |
Bogardus | Gieleghem | LaForge | Rocca |
Bradstreet | Gilbert | Middaugh | Shackleton |
Brown, C. | Gosselin | Neumann | Vander Roest |
In The Chair: Scranton
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Gosselin, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
$92.69
That is how much every man, woman and child in the state of Michigan will pay in the coming months to cover the growth of state government. The figure includes a $422 million increase in next year's spending, and $488 million of this year's tax overcharge (a.k.a. 'surplus') spent by this legislature right away.
I represent a wealthy district. Most citizens in the 42nd district probably won't be harmed much by the state taking an additional $92.69 from their hard earned income. But I know how most will answer if I ask, 'Would you rather have $92.69 for each member of your family, or instead grow state government 4.7% next year, and spend an extra $488 million of taxpayer overcharges this year?' They already answered that question by sending me to the House, based on my promise not to grow government.
That is the view of a wealthy district. What answer would my House colleagues from less affluent districts get?
$92.69, or bigger government? With this and the other budgets passed by this House, we've answered the question for them.
Bigger government."
Rep. Middaugh, having reserved the right to explain her nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against the final passage of this budget because it contains an appropriation of $10 million for furniture for the House of Representatives. I find that expenditure to be an extravagant use of taxpayers' money."
Rep. Jamnick, having reserved the right to explain her nay vote, made the following statement:
"Mr. Speaker and members of the House:
The sole reason for this no vote is the addition of $488,800 for salaries to be increased for unclassified positions and to fill vacant support positions with no specific details and/or breakdown and the defeat of an amendment for additional funding for vocational rehabilitation and independent living. Just don't agree with these kinds of priorities."
Rep. Vander Roest, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
As a steward of the taxpayers' money. I find myself in the position of opposing House Bill 4075, the supplemental appropriations bill. This bill will appropriate more than $530.6 million in surplus funds for the current budget. Because of the 26 tax cuts, we have turned Michigan around and are receiving our award of additional tax relief. An example: we should be reducing the required household tax rate from 3.5 percent to 3 percent to help seniors on their Homestead Property Tax Credit. This type of cut would only use $43 million. We also could provide relief to seniors by helping with their prescription drug costs. It is projected that prescription costs will increase by 14 percent this year. We also must invest in helping our youth who need more substance abuse treatment and prevention programs This supplemental appropriation bill consists of many unnecessary projects. One example is spending more than $91,000 per legislator for equipment and furnishings in our new office building. The sad part of my no vote is not being able to support some of the few good programs in the bill that would help save money in the long run such as funding the experimental drug courts or educational, innovative programs for every school district in the state. But, my first responsibility is to protect the taxpayers' money; that's why I a voting no."
Rep. Bishop, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
While I recognize the many positives of this bill, I continue in opposition to the laundry list of unnecessary pork and special interests. For example, four million for 'Windmill Island', Five hundred thousand for the 'Marquette museum', One million for the 'Island shooting range', Ten million for 'equipment and furnishings', etc. All of the foregoing examples are unnecessary and irresponsible. Moreover, this bill continues to blatantly fleece Oakland County while pandering to the political agendas of certain regions of the state. The facts are clear, Oakland County has 12% of the population, pays 19% of the taxes and gets a mere 8% of the services. This is neither fair nor equitable and I can not, in good conscience, endorse this on-going injustice."
Rep. Cameron Brown, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
My vote on the supplemental HB 4075 is based on the $10 million price tag for the office furniture for the new House office building. I can't in good conscience support this price tag and justify it to the constituents in my district. I appreciate the efforts made to keep the cost down and would hope that further cost cuts could be explored to further reduce this exorbitant expense."
House Bill No. 4472, entitled
A bill to amend 1972 PA 382, entitled "Traxler-McCauley-Law-Bowman bingo act," by amending the title and sections 2, 4, 5, 6, 7a, 9, 10, 10a, 11, 12, 13, 14, 15, 16, and 18 (MCL 432.102, 432.104, 432.105, 432.106, 432.107a, 432.109, 432.110, 432.110a, 432.111, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.118), sections 2, 4, 5, 9, 10, 10a, 11, 12, 13, 14, 15, and 18 as amended by 1981 PA 229 and section 7a as amended by 1994 PA 118, and by adding sections 3a, 4a, 5a, 5b, 5c, 5d, 7b, 7c, 7d, 10b, 11a, 11b, and 11c; and to repeal acts and parts of acts.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), and amended the title to read as follows:
A bill to amend 1972 PA 382, entitled "An act to license and regulate the conducting of bingo and certain other forms of gambling; to provide for the conducting of charity games; to impose certain duties and authority upon certain state departments, agencies, and officers; to provide a tax exemption; and to provide penalties," by amending the title and sections 2, 4, 5, 6, 7a, 9, 10, 10a, 11, 12, 13, 14, 15, 16, and 18 (MCL 432.102, 432.104, 432.105, 432.106, 432.107a, 432.109, 432.110, 432.110a, 432.111, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.118), sections 2, 4, 5, 9, 10, 10a, 11, 12, 13, 14, 15, and 18 as amended and section 7a as added by 1981 PA 229, and by adding sections 3a, 4a, 5a, 5b, 5c, 5d, 7b, 7c, 7d, 10b, 11a, 11b, and 11c; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Raczkowski moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 788 Yeas--90
Allen | Geiger | Lockwood | Rocca |
Baird | Gieleghem | Mans | Schauer |
Basham | Godchaux | Martinez | Schermesser |
Bisbee | Hale | Mead | Scott |
Bogardus | Hanley | Middaugh | Scranton |
Bovin | Hansen | Mortimer | Shackleton |
Brater | Hardman | Neumann | Sheltrown |
Brewer | Howell | O'Neil | Shulman |
Brown, B. | Jacobs | Pappageorge | Spade |
Callahan | Jamnick | Patterson | Stallworth |
Caul | Jelinek | Perricone | Switalski |
Cherry | Jellema | Pestka | Tabor |
Clark, I. | Johnson, Rick | Price | Tesanovich |
Clarke, H. | Julian | Prusi | Thomas |
Daniels | Kelly | Pumford | Toy |
DeHart | Kilpatrick | Quarles | Van Woerkom |
Dennis | Koetje | Raczkowski | Vander Roest |
DeRossett | Kowall | Reeves | Vaughn |
DeWeese | Kukuk | Richardville | Vear |
Ehardt | LaForge | Richner | Wojno |
Faunce | LaSata | Rison | Woodward |
Frank | Law | Rivet | Woronchak |
Garza Lemmons
Nays--17
Birkholz | DeVuyst | Green | Kuipers |
Bishop | Garcia | Hager | Sanborn |
Bradstreet | Gilbert | Hart | Stamas |
Brown, C. | Gosselin | Jansen | Voorhees |
Byl
In The Chair: Scranton
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4408, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 614a and 615a (MCL 168.614a and 168.615a), section 614a as added by 1988 PA 275 and section 615a as amended by 1995 PA 87.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 613a, 614a, and 615a (MCL 168.613a, 168.614a, and 168.615a), sections 613a and 615a as amended by 1995 PA 87 and section 614a as added by 1988 PA 275.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Raczkowski moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in 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. 789 Yeas--104
Allen | Faunce | Kowall | Rivet |
Baird | Frank | Kuipers | Rocca |
Basham | Garcia | Kukuk | Sanborn |
Birkholz | Garza | LaForge | Schauer |
Bisbee | Geiger | LaSata | Schermesser |
Bishop | Gieleghem | Law | Scott |
Bogardus | Gilbert | Lemmons | Scranton |
Bovin | Godchaux | Lockwood | Shackleton |
Bradstreet | Gosselin | Mans | Sheltrown |
Brater | Green | Martinez | Shulman |
Brewer | Hager | Mead | Spade |
Brown, B. | Hale | Middaugh | Stallworth |
Brown, C. | Hanley | Mortimer | Stamas |
Byl | Hansen | Neumann | Switalski |
Callahan | Hardman | O'Neil | Tabor |
Caul | Hart | Pappageorge | Tesanovich |
Cherry | Howell | Patterson | Thomas |
Clark, I. | Jacobs | Perricone | Toy |
Clarke, H. | Jansen | Pestka | Van Woerkom |
Daniels | Jelinek | Price | Vander Roest |
DeHart | Jellema | Prusi | Vaughn |
Dennis | Johnson, Rick | Pumford | Vear |
DeRossett | Julian | Quarles | Voorhees |
DeVuyst | Kelly | Raczkowski | Wojno |
DeWeese | Kilpatrick | Richardville | Woodward |
Ehardt | Koetje | Richner | Woronchak |
Nays--0
In The Chair: Scranton
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
Reports of Select Committees
Senate Bill No. 365, entitled
A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
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:
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 365, entitled
A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
Recommends:
First: That the Senate and House agree to the Substitute of the House as passed by the House, amended to read as follows:
A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the family independence agency for the fiscal year ending September 30, 2000, from the funds indicated in this part. The following is a summary of the appropriations in this part:
FAMILY INDEPENDENCE AGENCY
Full-time equated classified positions 13,222.3
Unclassified positions 6.0
Total full-time equated positions 13,228.3
GROSS APPROPRIATION $ 3,642,987,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers | $ | 150,000 |
ADJUSTED GROSS APPROPRIATION | $ | 3,642,837,400 |
Federal revenues:
Total federal revenues 2,374,089,800
Special revenue funds:
Total private revenues 7,858,100
Total local revenues 48,539,500
Total other state restricted revenues 123,565,500
State general fund/general purpose $ 1,088,784,500
Sec. 102. EXECUTIVE OPERATIONS
Total full-time equated positions 953.3
Full-time equated unclassified positions 6.0
Full-time equated classified positions 947.3
Other unclassified salaries--6.0 FTE positions $ 492,300
Salaries and wages--728.3 FTE positions 33,990,000
Contractual services, supplies, and materials 10,330,300
Demonstration projects--11.0 FTE positions 10,634,600
End user support 7,614,500
Computer service fees 20,076,300
Automated social services information system project--25.0 FTE positions 16,963,800
Data system enhancement--26.0 FTE positions 20,948,500
Child support automation--25.0 FTE positions 36,042,000
Child support distribution computer system 7,164,100
Supplemental security income advocates, salaries and wages--16.0 FTE positions 980,000
Commission on disability concerns--8.0 FTE positions 759,600
Commission for the blind--108.0 FTE positions 17,309,700
GROSS APPROPRIATION $ 183,305,700
Appropriated from:
Interdepartmental grant revenues:
IDG-ADP user fees 150,000
ADJUSTED GROSS APPROPRIATION $ 183,155,700
Appropriated from:
Federal revenues:
Total federal revenues 119,518,500
Special revenue funds:
Total private revenues 1,840,000
Total local revenues 475,000
Total other state restricted revenue 477,300
State general fund/general purpose $ 60,844,900
Sec. 103. FAMILY INDEPENDENCE SERVICES ADMINISTRATION
Full-time equated classified positions 359.0
Salaries and wages--299.0 FTE positions $ 14,268,100
Contractual services, supplies, and materials 5,776,500
Child support incentive payments 32,409,600
Legal support contracts 97,496,400
State incentive payments 4,449,000
Employment and training support services 28,051,700
Food stamp issuance 5,374,400
High school completion project--5.0 FTE positions 363,400
Wage employment verification reporting--2.0 FTE positions 5,171,000
Urban and rural empowerment/enterprise zones 100
Training and staff development--53.0 FTE positions 9,587,300
Community services block grant 18,100,000
GROSS APPROPRIATION $ 221,047,500
Appropriated from:
Federal revenues:
Total federal revenues 193,759,500
Special revenue funds:
Total local revenues - donated 340,000
State general fund/general purpose $ 26,948,000
Sec. 104. CHILD AND FAMILY SERVICES
Full-time equated classified positions 104.3
Salaries and wages--53.3 FTE positions $ 2,747,200
Contractual services, supplies, and materials 1,782,000
Refugee assistance program--9.0 FTE positions 7,377,100
Foster care payments 289,596,500
Adoption subsidies 140,149,900
Youth in transition--20.0 FTE positions 9,896,900
Interstate compact 300,000
Children's benefit fund donations 21,000
Domestic violence prevention and treatment--1.0 FTE positions 8,662,200
Teenage parent counseling--3.0 FTE positions 3,405,200
Family preservation and prevention services--13.0 FTE positions 68,114,000
Black child and family institute 100,000
Rape prevention and services 1,100,000
Children's trust fund administration--4.0 FTE positions 330,300
Children's trust fund grants 3,615,000
Attorney general contracts 1,708,700
Guardian contract 600,000
County shelters 200,000
Prosecuting attorney contracts--1.0 FTE positions 1,061,700
GROSS APPROPRIATION $ 540,767,700
Appropriated from:
Federal revenues:
Total federal revenues 303,516,600
Special revenue funds:
Private-children's benefit fund donations 21,000
Private-collections 4,101,300
Local funds - county payback 32,676,100
Children's trust fund 2,070,300
State general fund/general purpose $ 198,382,400
Sec. 105. JUVENILE JUSTICE SERVICES
Full-time equated classified positions 1,081.4
Personnel payroll costs--863.0 FTE positions $ 45,063,100
County juvenile officers 3,551,000
Child care fund 56,752,900
Delinquency services operations 15,901,000
Residential care centers--45.0 FTE positions 2,623,600
Genesee valley and Detroit detention centers--133.7 FTE positions 8,876,800
Federally funded activities--26.1 FTE positions 1,802,200
W.J. Maxey memorial fund 45,000
Regional detention services--10.6 FTE positions 1,207,300
Juvenile accountability incentive block grant 6,482,000
Juvenile boot camp program 2,300,000
Committee on juvenile justice administration--3.0 FTE positions 269,300
Committee on juvenile justice grants 7,000,000
Wayne county block grant 64,516,900
GROSS APPROPRIATION $ 216,391,100
Appropriated from:
Federal revenues:
Total federal revenues 36,205,200
Special revenue funds:
Total private revenues 45,000
Wayne county block grant revenue 38,610,200
Local funds - county payback 14,550,900
State general fund/general purpose $ 126,979,800
Sec. 106. LOCAL OFFICE STAFF AND OPERATIONS
Full-time equated classified positions 10,083.6
Field staff, salaries and wages--7,258.6 FTE positions $ 285,944,200
Children and adult services, salaries and wages--2,704.5 FTE positions 111,170,000
Contractual services, supplies, and materials 25,042,900
Outstationed eligibility workers--30.0 FTE positions 3,552,900
Wayne county gifts and bequests 100,000
Volunteer services and reimbursement--90.5 FTE positions | 7,065,500 | |
GROSS APPROPRIATION | $ | 432,875,500 |
Appropriated from:
Federal revenues:
Total federal revenues 266,173,300
Special revenue funds:
Local funds - donated funds 193,100
Private funds - hospital contributions 1,750,800
Private - Wayne county gifts 100,000
State general fund/general purpose $ 164,658,300
Sec. 107. DISABILITY DETERMINATION SERVICES
Full-time equated classified positions 623.0
Disability determination operations--623.0 FTE positions | $ | 68,990,000 |
GROSS APPROPRIATION | $ | 68,990,000 |
Appropriated from:
Federal revenues:
Total federal revenues 68,152,000
State general fund/general purpose $ 838,000
Sec. 108. CENTRAL SUPPORT ACCOUNTS
Rent $ 49,521,100
Occupancy charge 5,378,900
Travel 7,859,500
Equipment 3,022,900
Workers' compensation 4,577,000
Advisory commissions 17,900
Payroll taxes and fringe benefits 152,030,600
GROSS APPROPRIATION $ 222,407,900
Appropriated from:
Federal revenues:
Total federal revenues 126,696,900
Special revenue funds:
Local funds - county payback 304,400
Departmentwide lapse revenue 8,024,200
State general fund/general purpose $ 87,382,400
Sec. 109. PUBLIC ASSISTANCE
Full-time equated classified positions 23.7
Family independence program $ 348,960,400
State disability assistance payments 22,341,700
Food stamp program benefits 600,000,000
State supplementation 60,180,300
State supplementation administration 1,960,000
Low income energy assistance program--21.7 FTE positions 60,000,000
State emergency relief--2.0 FTE positions 38,555,000
Weatherization assistance 10,900,000
Day care services 614,304,600
GROSS APPROPRIATION $ 1,757,202,000
Appropriated from:
Federal revenues:
Total federal revenues 1,260,067,800
Special revenue funds:
Child support collections 66,943,400
Supplemental security income recoveries 4,440,000
Public assistance recoupment revenue 3,000,100
State general fund/general purpose $ 422,750,700
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1999-2000 is estimated at $1,212,350,000.00 in this act and state spending from state sources paid to local units of government for fiscal year 1999-2000 is estimated at $172,154,500.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
FAMILY INDEPENDENCE AGENCY
CHILD AND FAMILY SERVICES
Adoption subsidies $ 57,946,400
JUVENILE JUSTICE SERVICES
Child care fund. 51,352,900
County juvenile officers 2,452,300
Wayne County block grant 59,244,200
PUBLIC ASSISTANCE
State disability program. 1,158,700
TOTAL $ 172,154,500
(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the house and senate appropriations committees, and the house and senate fiscal agencies.
Sec. 202. The department may receive and expend advances or reimbursements from the department of state police for the administration of the individual and family grant disaster assistance program. An account shall be established in the department for this purpose when a disaster is declared. The authorization and allotment for the account shall be in the amount advanced or reimbursed from the department of state police.
Sec. 203. The state budget director may make administrative transfers of appropriations for the department to adjust amounts between the local funds - county payback line items in part 1. Such transfers shall be made in compliance with section 393(1) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 204. In addition to funds appropriated in part 1 for all programs and services, there is appropriated for write-offs of accounts receivable, deferrals, and for prior year obligations in excess of applicable prior year appropriations, an amount equal to total write-offs and prior year obligations, but not to exceed amounts available in prior year revenues or current year revenues that are in excess of the authorized amount.
Sec. 205. The expenditures and funding sources authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 206. The department may retain all of the state's share of food stamp overissuance collections as an offset to general fund/general purpose costs. Retained collections shall be applied against federal funds deductions in all appropriation units where department costs related to the investigation and recoupment of food stamp overissuances are incurred. Retained collections in excess of such costs shall be applied against the federal funds deducted in the executive operations appropriation unit.
Sec. 207. (1) The department shall submit a report to the chairpersons of the senate and house appropriations subcommittees on the family independence agency budget and to the senate and house fiscal agencies on the details of allocations within program budgeting line items and within the salaries and wages line items in the field services appropriation unit. The report shall include a listing, by account, dollar amount, and fund source, of salaries and wages; longevity and insurance; retirement; contractual services, supplies, and materials; equipment; travel; and grants within each program line item appropriated for the fiscal year ending September 30, 2000.
(2) On a monthly basis, the department shall report on the number of FTEs in pay status by type of staff.
Sec. 208. As used in this act:
(a) "ADP" means automated data processing.
(b) "ASSIST" means automated social services information system.
(c) "Department" means the family independence agency.
(d) "FTE" means full-time equated position.
(e) "IDG" means interdepartmental grant.
(f) "Temporary assistance for needy families" (TANF) or "title IV" means title IV of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 601 to 603, 604 to 608, 609 to 619, 620 to 629e, 651 to 660, 663 to 669b, 670 to 673, 673b, 674 to 679, 679b, and 681 to 687.
(g) "Title XX" means title XX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1397 to 1397f.
Sec. 209. If a legislative objective of this act or the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be implemented without loss of federal financial participation because implementation would conflict with or violate federal regulations, the department shall notify the house and senate appropriations committees and the house and senate fiscal agencies of that fact. Upon receipt of the notification, a joint house and senate committee made up of the members of the house and senate appropriations subcommittees dealing with appropriations for the family independence agency may be appointed to meet with the director of the department to review the substantive, procedural, and legal ramifications of the legislative objective and to develop a plan to attain that legislative objective.
Sec. 210. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services when competitively priced and of comparable quality American goods or services are available.
Sec. 211. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charges authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 212. In compliance with governmental accounting standards board (GASB) statement no. 24, accounting and financial reporting for certain grants and other financial assistance, such as federal food stamp distributions via coupons or electronic benefits systems, are hereby appropriated and shall be recognized as general fund - special purpose expenditures in the state's accounting records and financial reports. The level of appropriations under this section shall coincide with anticipated federal food stamps revenues for the fiscal year ending September 30, 2000.
Sec. 213. (1) Beginning October 1, 1999, a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department or to positions that are funded 80% or more from federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services.
Sec. 214. (1) The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department.
(2) The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.
Sec. 215. (1) The department shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues quarterly reports on the department's efforts to change the department's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's approved work plan for these efforts.
(2) Beginning with the report on April 1, 2000, the department shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues quarterly reports identifying for the immediately preceding quarter significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of significant impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.
(3) The department may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the department shall identify the funding sources that should support the work performed and the department of management and budget shall forward the appropriated funding.
Sec. 216. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.
Sec. 217. (1) The department shall prepare a semiannual report on the temporary assistance for needy families (TANF) federal block grant. The report shall include projected expenditures for the current fiscal year, an accounting of any previous year funds carried forward, and a summary of all interdepartmental or interagency agreements relating to the use of TANF funds. The report shall be forwarded to the house and senate appropriations subcommittees on the family independence agency budget on or before October 15, 1999 and April 15, 2000.
(2) The state budget director shall give prior written notice to the members of the house and senate appropriations subcommittees for the family independence agency and to the house and senate fiscal agencies of any proposed changes in utilization or distribution of TANF funding or the distribution of TANF maintenance of effort spending relative to the amounts reflected in the annual appropriations acts of all state agencies where TANF funding is appropriated.
Sec. 218. The department shall include in its quality control reporting the number of veterans receiving food stamps, family independence program assistance, and Medicaid.
Sec. 219. (1) In contracting with faith-based organizations for mentoring or supportive services, and in all contracts for services, the department shall ensure that no funds provided directly to institutions or organizations to provide services and administer programs shall be used or expended for any sectarian activity, including sectarian worship, instruction, or proselytization.
(2) If an individual requests the service and has an objection to the religious character of the institution or organization from which the individual receives or would receive services or assistance, the department shall provide the individual within a reasonable time after the date of the objection with assistance or services and which are substantially the same as the service the individual would have received from the organization.
(3) Notwithstanding subsections (1) and (2), the department shall cooperate with faith-based organizations so that they are able to compete on the same basis as any other private organization for contracts to provide services to recipients of department services, including, but not limited to, mentoring or supportive services. The department shall not discriminate against an organization that applies to become a contractor on the basis that the organization has a religious character.
Sec. 221. If the revenue collected by the department from private and local sources exceeds the amount appropriated in part 1, the revenue may be carried forward, with approval from the state budget director, into the subsequent fiscal year.
Sec. 222. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.
Sec. 224. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000,000.00 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.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted 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.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for local 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.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for private 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.
Sec. 225. The department shall implement a pilot program that places reports required by this act on the Internet, with electronic notification to legislative offices of Internet access to the reports. During fiscal year 2000, the department shall continue to distribute all of these reports to the legislature in the current printed format.
Sec. 226. The department shall provide a report prepared by the department's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report shall be due March 1, 2000, and biennially thereafter beginning on May 1 and shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.
EXECUTIVE OPERATIONS
Sec. 301. The department may receive local funds to be applied toward the purchase of local office automation equipment. Local office automation equipment shall only be purchased through appropriate departmentwide automated data processing equipment contracts and shall be the property of the department.
Sec. 302. The department may distribute cash assistance to recipients electronically by using debit cards.
Sec. 303. The appropriation in section 102 for the Michigan commission for the blind includes funds for case services. These funds may be used for tuition payments for blind clients for the school year beginning September 1999.
Sec. 304. The appropriation in section 102 for commissions and boards may be used for per diem payments to members of commissions or boards for a full day of committee work at which a quorum is present for performing official business as authorized by each respective commission or board. The per diem payment for the Michigan commission for the blind shall be at a rate of $50.00 per day.
FAMILY INDEPENDENCE SERVICES ADMINISTRATION
Sec. 401. (1) From the federal money received for child support incentive payments, up to $4,365,200.00 shall be retained by the state and expended for legal support contracts, state incentive payments, and salaries and wages for office of child support staff.
(2) At the end of the current fiscal year, the department may, when it is cost beneficial to the state and counties, withhold from submitting to the federal office of child support administrative expenses eligible for federal financial participation. The department may recoup earned but unclaimed federal funds from the resulting increased federal child support incentive. The recoupment by the department shall be made prior to distribution of the increased incentive to the counties. Any incentive funds retained by the state under this section shall be separate and apart from incentive funds retained in any other section of this act.
(3) A county shall be required to pay a penalty due to the state's failure to be in compliance with federal child support enforcement system requirements unless the county, friend of the court, and the department have a written agreement that outlines the county's commitment to participate in the federally required child support enforcement system and the county complies with a timeline for completion established by the department.
Sec. 402. From the funds appropriated in section 103 for legal support contracts and child support incentive payments, the department may fund demonstration projects to enhance friend of the court child support collections efforts for public assistance recipients. Funding shall be from federal title IV-D and federal child support incentives earned. The projects shall be implemented in no more than 3 counties. Priority shall be given to counties with federal title IV-D aid to families with dependent children collections exceeding $5,000,000.00 in fiscal year 1992.
Sec. 403. Not later than September 30 of each year, the department shall submit for public hearing to the chairpersons of the house and senate appropriations subcommittees dealing with appropriations for the family independence agency the proposed use and distribution plan for community services block grant funds appropriated in section 103 for the succeeding fiscal year.
Sec. 404. The department shall develop plans jointly with the Indian affairs commission for the implementation of programs and the distribution of funds for recognized tribal groups and organizations under the block grant programs that are established by the community services block grant act, subtitle B of title VI of the omnibus budget reconciliation act of 1981, Public Law 97-35, 42 U.S.C. 9901 to 9910a, 9910c, and 9911 to 9912, and that are administered by that bureau. The plans shall comply with the regulations issued by the United States department of health and human services.
Sec. 405. The state general fund/general purpose contribution related to the Wayne County third circuit court cooperative reimbursement contract resides in the judiciary budget. There are no general fund/general purpose funds appropriated for this purpose in the family independence agency budget.
Sec. 406. Any unencumbered balances included in the training and staff development line for child welfare education shall not lapse and shall be carried forward to fiscal year 2001.
Sec. 407. From the funds appropriated in section 103 for employment and training support services, the department shall contract with created for caring for $112,500.00 to provide employment skills and opportunities support services.
Sec. 408. (1) The family independence agency shall work jointly with the department of career development to implement the enhanced technical vocational training program that shall meet all of the following criteria:
(a) The training program shall be available statewide.
(b) Eligible participants shall include family independence program recipients, work first clients, and child day care recipients referred by the family independence agency.
(c) Training shall be limited to not longer than 12 months in duration.
(d) Training shall be directed to achieving or gaining skills that will lead to a career for the participant.
(e) Training shall be reasonably calculated to lead to full-time, skilled employment.
(f) Participants shall receive any additional support needed to facilitate participation in the training program within reasonable parameters established by the department of career development including, but not limited to, all of the following:
(i) Child day care, including evening or nighttime care if appropriate.
(ii) Transportation.
(iii) Transitional Medicaid.
(2) Eligible family independence program recipients, work first clients, and child day care recipients that commence training will be allowed to complete training, as long as all enhanced technical vocational training program participation requirements are being met.
Sec. 409. (1) From the funds appropriated in part 1, the family independence agency in conjunction with the department of career development shall conduct a study of the effect of the enhanced technical vocational program and report the results of the study to the house and senate appropriations subcommittees of the family independence agency no later than August 31, 2000. The study shall examine all of the following about the participants and former participants in the program:
(a) Whether they have obtained jobs.
(b) What kind of jobs they have obtained.
(c) How long they have retained those jobs and if they have had more than 1 job, how long were they at each job.
(d) Current hourly wages.
(e) Whether they are receiving basic health care benefits, tuition reimbursement, or training from their employers.
(f) Whether they continue to receive any type of public assistance.
(g) Any other information specifically impacting on children that the department considers relevant.
(2) The 2 departments may retain a third party to conduct the study under this section.
Sec. 410. From the funds appropriated in section 103 for employment and training support services, $3,000,000.00 shall be spent to develop new project zero services and new sites in counties or districts, with a priority to counties or districts not meeting minimum federal work participation requirements.
CHILD AND FAMILY SERVICES
Sec. 501. The following goal is established by state law. During the fiscal year ending September 30, 2000, not more than 3,150 children supervised by the department shall remain in foster care longer than 24 months. The department shall give priority to reducing the number of children under 1 year of age in foster care.
Sec. 502. From the funds appropriated in section 104 for foster care, the department shall provide 50% reimbursement to Indian tribal governments for foster care expenditures for children who are under the jurisdiction of Indian tribal courts and who are not otherwise eligible for federal foster care cost sharing.
Sec. 503. The department shall continue adoption subsidy payments to families after the eighteenth birthday of an adoptee who meets the following criteria:
(a) Has not yet graduated from high school or passed a high school equivalency examination.
(b) Is making progress toward completing high school.
(c) Has not yet reached his or her twenty-first birthday.
Sec. 504. The department's ability to satisfy appropriation deducts in section 104 for foster care private collections shall not be limited to collections and accruals pertaining to services provided in the current fiscal year but shall include revenues collected in excess of the amount specified in section 104.
Sec. 505. Counties shall be subject to 50% charge back for the use of alternative regional detention services, except for those counties receiving a delinquency block grant, if those detention services do not fall under the basic provision of section 117e of the social welfare act, 1939 PA 280, MCL 400.117e, or if a county operates those detention services programs primarily with professional rather than volunteer staff.
Sec. 506. (1) In order to promote continuity of service for children and families, the department shall, to the maximum extent possible, enter into multiyear contracts for child welfare and juvenile justice services.
(2) The bid specifications and contract award determinations for child welfare and juvenile justice services shall include criteria relative to provider experience, placing emphasis on total years of experience in providing child welfare and juvenile justice services, provision of services to persons of similar characteristics as the target clientele, quality of prior child welfare and juvenile justice services, length of service in the targeted geographic area, and the adequacy of the provider's plan for coordinating the provision of services in the targeted geographic area.
Sec. 507. Funds appropriated in part 1 for the child care fund may be used as local match for the purchase of families first services for clients referred by juvenile courts except for delinquent children in counties receiving a delinquency block grant. For local offices and courts choosing this option, the in-home portion of the county child care fund plan must authorize the transfer of funds from the state child care fund account designated for that county to a local funds - county payback deduct account associated with the family preservation services appropriation.
Sec. 508. (1) In addition to the amount appropriated in section 104, money granted or money received as gifts or donations to the children's trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is appropriated for expenditure in an amount not to exceed $800,000.00.
(2) The state child abuse and neglect prevention board may initiate a joint project with another state agency to the extent that the project supports the programmatic goals of both the state child abuse and neglect prevention board and the state agency. The department may invoice the state agency for shared costs of a joint project in an amount authorized by the state agency, and the state child abuse and neglect prevention board may receive and expend funds for shared costs of a joint project in addition to those authorized by section 104.
Sec. 509. (1) From the funds appropriated in part 1, the department shall not expend funds to preserve or reunite a family, unless there is a court order requiring the preservation or reuniting of the family, if either of the following would result:
(a) A child would be living in the same household with a parent or other adult who has been convicted of criminal sexual conduct against a child.
(b) A child would be living in the same household with a parent or other adult against whom there is a substantiated charge of sexual abuse against a child.
(2) Notwithstanding subsection (1), this section shall not prohibit counseling or other services provided by the department, if the service is not directed toward influencing the child to remain in an abusive environment, justifying the actions of the abuser, or reuniting the family.
Sec. 510. The department shall not be required to put up for bids contracts with service providers if currently only 1 provider in the service area exists.
Sec. 511. In order to be reimbursed for child care fund expenditures, counties are required to submit department developed reports to enable the department to document potential federally claimable expenditures. This requirement is in accordance with the reporting requirements specified in section 117a(7) of the social welfare act, 1939 PA 280, MCL 400.117a.
Sec. 512. From the funds appropriated in section 104 for foster care payments, the department may expend up to $500,000.00 for foster care pilot projects that include ways to increase foster parent recruitment, improve foster parent retention, and increase delivery of training and supportive services to foster parents.
Sec. 513. The department shall not expend funds appropriated in part 1 to pay for the placement of a child in an out-of-state facility unless all of the following conditions are met:
(a) There is no appropriate placement available in this state.
(b) The out-of-state facility meets all of the licensing standards of this state for a comparable facility.
(c) The out-of-state facility meets all of the applicable licensing standards of the state in which it is located.
(d) The department has done an on-site visit to the out-of-state facility, reviewed the facility records, and reviewed licensing records and reports on the facility and believes that the facility is an appropriate placement for the child.
Sec. 514. The department shall make a comprehensive report concerning children's protective services (CPS) to the legislature by January 1, 2000, that shall include all of the following:
(a) Statistical information including, at a minimum, all of the following:
(i) The total number of reports of abuse or neglect investigated under the child protection law, 1975 PA 238, MCL 722.621 to 722.638, and the number of cases that were substantiated and the number that were unsubstantiated.
(ii) Characteristics of perpetrators of abuse or neglect and the child victims, such as age, relationship, socioeconomic status, race, and ethnicity.
(iii) The mandatory reporter category in which the individual who made the report fits, or other categorization if the individual is not within a group required to report under the child protection law, 1975 PA 238, MCL 722.621 to 722.638.
(b) New policies related to children's protective services including, but not limited to, major policy changes and court decisions affecting the children's protective services system during the immediately preceding 12-month period.
Sec. 515. From the funds appropriated in part 1 for foster care payments and related administrative costs, the department may implement the federally approved title IV-E child welfare waiver managed care demonstration project.
Sec. 516. (1) The department, with the involvement of private nonprofit agencies providing adoption services for special needs children through contracts with the department, shall design and conduct a study of the administration of the public and private agency special needs adoption services and the payment systems to private nonprofit agencies providing adoption services. The study shall include, at a minimum, all of the following:
(a) For each private nonprofit agency contract, and in aggregate, the number and percentage of adoptions in each of the payment categories specified in contracts with the department for calendar years 1998 and 1999.
(b) A review of the administrative procedures for authorizing and processing payments to private nonprofit agencies for provision of adoption services including an assessment and identification of methods to simplify and expedite those procedures.
(2) Based on the study required in subsection (1), the department shall by June 1, 2000 prepare a comprehensive report addressing its findings, any actions taken as a result of its review, and any recommendations for changes in the administration of this program including financial and administrative resources necessary to increase timely adoptions for these children. The report shall be submitted to the house and senate standing committees dealing with human services and the house and senate appropriations subcommittees dealing with appropriations for the family independence agency.
Sec. 517. (1) From the funds appropriated in section 104 for family preservation and prevention services, the department is authorized to allocate funds to multipurpose collaborative bodies to address issues raised in the Binsfeld children's commission report issued in July 1996. Priority for activities and services will be given to at-risk children and families in unsubstantiated child protective services cases or low-risk substantiated cases.
(2) From the funds appropriated in section 104 for family preservation and prevention services, up to $2,000,000.00 may be used to fund community based collaborative prevention services designed to do any of the following:
(a) Foster positive parenting skills especially for parents of children under 3 years of age.
(b) Improve parent/child interaction.
(c) Promote access to needed community services.
(d) Increase local capacity to serve families at risk.
(e) Improve school readiness.
(f) Support healthy family environments that discourage alcohol, tobacco, and other drug use.
(3) The appropriation provided for in subsection (2) is to fund secondary prevention programs as defined in the children's trust fund's pre-application materials for fiscal year 1999-2000 direct services grants.
(4) Projects funded through the appropriation provided for in subsection (2) shall meet all of the following criteria:
(a) Be awarded through a joint request for proposal process established by the department in conjunction with the children's trust fund and the state human services directors.
(b) Be secondary prevention initiatives. Funds are not intended to be expended in cases in which neglect or abuse has been substantiated.
(c) Demonstrate that the planned services are part of a community's integrated comprehensive family support strategy endorsed by the local multipurpose collaborative body.
(d) Provide a 25% local match of which not more than 10% is in-kind goods or services unless the maximum percentage is waived by the state human services directors.
(5) As used in this section, "state human services directors" means the director of the department of community health, the director of the department of education, and the director of the family independence agency.
Sec. 518. (1) It is the intent of the legislature that the funds appropriated in section 104 for family preservation and prevention services in the 1999-2000 fiscal year reflect strong families/safe children allocations to local multipurpose collaborative bodies that are no less than the allocations in effect on April 1, 1997.
(2) In order to maintain this level of funding, the department may use up to $8,000,000.00 in TANF funds provided that the local multipurpose collaborative bodies submit data to the department that will enable the department to document potential federal claimable expenditures.
(3) No later than March 1, 2000, each local multipurpose collaborative body shall submit a report to the department that includes the number of people receiving strong families/safe children services, the local goals for this program, and a measure of the effectiveness in meeting these goals.
Sec. 520. From the funds appropriated in section 104 for foster care payments and adoption subsidies, the department shall increase the rate of payments for foster parents, parents receiving adoption subsidies, and agencies' administrative rate by 2.7% beginning on January 1, 2000. The increase described in this section shall be paid to all private foster care providers who contract with the family independence agency. Funding provided to a county juvenile agency for the increase described in this section shall only be used to increase payments to foster care providers.
PUBLIC ASSISTANCE
Sec. 601. (1) The department may terminate a vendor payment for shelter upon written notice from the appropriate local unit of government that a recipient's rental unit is not in compliance with applicable local housing codes or when the landlord is delinquent on property tax payments. A landlord shall be considered to be in compliance with local housing codes when the department receives from the landlord a signed statement stating that the rental unit is in compliance with local housing codes and that statement is not contradicted by the recipient and the local housing authority. The department shall terminate vendor payments if a taxing authority notifies the department that taxes are delinquent.
(2) Whenever a client agrees to the release of his or her name and address to the local housing authority, the department shall request from the local housing authority information regarding whether the housing unit for which vendoring has been requested meets applicable local housing codes. Vendoring shall be terminated for those units that the local authority indicates in writing do not meet local housing codes until such time as the local authority indicates in writing that local housing codes have been met.
(3) In order to participate in the rent vendoring programs of the department, a landlord shall cooperate in weatherization and conservation efforts directed by the department or by an energy provider participating in an agreement with the department when the landlord's property has been identified as needing services.
Sec. 602. The department, together with other agencies, may establish special projects to provide special needs shelter payment levels for the family independence program that will support the development of transitional shelter facilities for homeless families. These facilities are to provide supportive services to families and to support the development of permanent low-income housing.
Sec. 603. (1) The department, as it determines is appropriate, shall enter into agreements with energy providers by which cash assistance recipients and the energy providers agree to permit the department to make direct payments to the energy providers on behalf of the recipient. The payments may include heat and electric payment requirements from recipient grants and amounts in excess of the payment requirements.
(2) The department shall establish caps for natural gas, wood, electric heat service, deliverable fuel heat services, and for electric service based on available federal funds.
(3) The department shall negotiate with positive billing utility companies to develop extended payment plans. Such plans shall allow clients who terminate from positive billing due to increased income to make monthly payments in order to gradually liquidate utility arrears.
Sec. 604. (1) The department shall operate a state disability assistance program. Except as provided in subsection (3), persons eligible for this program shall include needy citizens of the United States or aliens exempted from the supplemental security income citizenship requirement who are at least 18 years of age or emancipated minors meeting 1 or more of the following requirements:
(a) A recipient of supplemental security income, social security, or medical assistance due to disability or 65 years of age or older.
(b) A person with a physical or mental impairment which meets federal supplemental security income disability standards, except that the minimum duration of the disability shall be 90 days. Substance abuse alone is not defined as a basis for eligibility.
(c) A resident of an adult foster care facility, a home for the aged, a county infirmary, or a substance abuse treatment center.
(d) A person receiving 30-day postresidential substance abuse treatment.
(e) A person diagnosed as having acquired immunodeficiency syndrome.
(f) A person receiving special education services through the local intermediate school district.
(g) A caretaker of a disabled person as defined in subdivision (a), (b), (e), or (f) above.
(2) Applicants for and recipients of the state disability assistance program shall be considered needy if they:
(a) Meet the same asset test as is applied to applicants for the family independence program.
(b) Have a monthly budgetable income that is less than the payment standards.
(3) Except for a person described in subsection (1)(c) or (d), a person is not disabled for purposes of this section if his or her drug addiction or alcoholism is a contributing factor material to the determination of disability. "Material to the determination of disability" means that, if the person stopped using drugs or alcohol, his or her remaining physical or mental limitations would not be disabling. If his or her remaining physical or mental limitations would be disabling, then the drug addiction or alcoholism is not material to the determination of disability and the person may receive state disability assistance. Such a person must actively participate in a substance abuse treatment program, and the assistance must be paid to a third party or through vendor payments. For purposes of this section, substance abuse treatment includes receipt of inpatient or outpatient services or participation in alcoholics anonymous or a similar program.
(4) A refugee or asylee who loses his or her eligibility for the federal supplemental security income program by virtue of exceeding the maximum time limit for eligibility as delineated in section 402 of title IV of the personal responsibility and work opportunity reconciliation act of 1996, Public Law 104-193, 8 U.S.C. 1612, and who otherwise meets the eligibility criteria under this section shall be eligible to receive benefits under the state disability assistance program.
Sec. 605. The level of reimbursement provided to state disability assistance recipients in licensed adult foster care facilities shall be the same as the prevailing supplemental security income rate under the personal care category.
Sec. 606. County family independence agencies shall require each recipient of state disability assistance who has applied with the social security administration for supplemental security income to sign a contract to repay any assistance rendered through the state disability assistance program upon receipt of retroactive supplemental security income benefits.
Sec. 607. The department's ability to satisfy appropriation deductions in section 109 for state disability assistance/ supplemental security income recoveries and public assistance recoupment revenues shall not be limited to recoveries and accruals pertaining to state disability assistance, or family independence assistance grant payments provided only in the current fiscal year, but shall include all related net recoveries received during the current fiscal year.
Sec. 608. Adult foster care facilities providing domiciliary care or personal care to residents receiving supplemental security income or homes for the aged serving residents receiving supplemental security income shall not require those residents to reimburse the home or facility for care at rates in excess of those legislatively authorized. To the extent permitted by federal law, adult foster care facilities and homes for the aged serving residents receiving supplemental security income shall not be prohibited from accepting third-party payments in addition to supplemental security income provided that the payments are not for food, clothing, shelter, or result in a reduction in the recipient's supplemental security income payment.
Sec. 609. The state supplementation level under the supplemental security income program for the personal care/adult foster care and home for the aged categories shall not be reduced during the fiscal year beginning October 1, 1999 and ending September 30, 2000.
Sec. 610. In developing good cause criteria for the state emergency relief program, the department shall grant exemptions if the emergency resulted from unexpected expenses related to maintaining or securing employment.
Sec. 611. (1) The department shall not require providers of burial services to accept state payment for indigent burials as payments in full. Providers shall be permitted to collect additional payment, not to exceed $2,300.00, from relatives or other persons on behalf of the deceased.
(2) Of the additional payments collected in subsection (1), 75% shall be distributed to funeral directors and 25% to cemeteries or crematoriums if cemeteries provide the vaults.
(3) Any additional payment collected pursuant to subsection (1) shall not increase the maximum charge limit for state payment as established by law.
Sec. 612. For purposes of determining housing affordability eligibility for state emergency relief, a group is considered to have sufficient income to meet ongoing housing expenses if their total housing obligation does not exceed 75% of their total net income.
Sec. 613. From the funds appropriated in section 109 for state emergency relief, the maximum allowable charge limit for indigent burials shall be $1,460.00. It is the intent of the legislature that this charge limit reflect a maximum payment to funeral directors of $910.00 for funeral goods and services and a maximum payment to cemeteries or crematoriums of $350.00 for cemetery goods and services. In addition, a maximum payment of $200.00 shall be distributed to either the funeral director or cemetery, whoever provides the burial vault.
Sec. 614. The funds available pursuant to this section shall be available if the deceased was an eligible recipient and an application for emergency relief funds was made within 10 days of the burial or cremation of the deceased person. Each provider of burial services shall be paid directly by the department.
Sec. 615. Except as required by federal law or regulations, funds appropriated in section 109 shall not be used to provide public assistance to a person who is an illegal alien. This section shall not prohibit the department from entering into contracts with food banks or emergency shelter providers who may, as a normal part of doing business, provide food or emergency shelter to individuals.
Sec. 616. (1) The appropriation in section 109 for the weatherization program shall be expended in such a manner that at least 25% of the households weatherized under the program shall be households of families receiving family independence assistance, state disability assistance, or supplemental security income.
(2) Any unencumbered balances of the weatherization program shall not lapse and may be carried forward to fiscal year 2001.
Sec. 617. In operating the family independence program with funds appropriated in section 109, the department shall not approve as a minor parent's adult supervised household a living arrangement in which the minor parent lives with his or her partner as the supervising adult.
Sec. 618. (1) Except as otherwise provided in subsection (2), the department shall provide not less than 10 days' notice before reducing, terminating, or suspending assistance provided under the social welfare act, 1939 PA 280, MCL 400.1 to 400.122.
(2) The department may reduce, terminate, or suspend assistance provided under the social welfare act, 1939 PA 280, MCL 400.1 to 400.122, without prior notice in 1 or more of the following situations:
(a) The only eligible recipient has died.
(b) A recipient member of a program group or family independence assistance group has died.
(c) A recipient child is removed from his or her family home by court action.
(d) A recipient requests in writing that his or her assistance be reduced, terminated, or suspended.
(e) A recipient has intentionally violated 1 or more of the requirements of the social welfare act, 1939 PA 280, MCL 400.1 to 400.122.
(f) A recipient has been approved to receive assistance in another state.
(g) A change in either state or federal law that requires automatic grant adjustments for classes of recipients.
(3) If a recipient appeals the department's determination to reduce, terminate, or suspend his or her assistance within 10 days from the mailing of the notice of negative action, the department shall not reduce, terminate, or suspend that assistance until there is a final determination of that appeal upholding the department's determination to reduce, terminate, or suspend that assistance.
Sec. 619. The department shall exempt from the denial of title IV-A assistance and food stamp benefits, contained in section 115 of title I of the personal responsibility and work opportunity reconciliation act of 1996, Public Law 104-193, 21 U.S.C. 862a, any individual who has been convicted of a felony that included the possession, use, or distribution of a controlled substance, after August 22, 1996, provided that the individual is not in violation of his or her probation or parole requirements. Benefits shall be provided to such individuals as follows:
(a) A third-party payee or vendor shall be required for any cash benefits provided.
(b) An authorized representative shall be required for food stamp receipt.
Sec. 620. Funds appropriated under this act shall not be used to pay for the purchase, installation, repair, or maintenance of any air-conditioning unit or equipment unless either of the following conditions is met:
(a) The recipient requesting the payment provides to the department a certificate from a physician stating that the air-conditioning is medically required.
(b) The recipient is 55 years of age or older.
Sec. 621. The department shall conduct a feasibility study and develop a plan for the state to implement a vehicle donation program. As part of the feasibility study, the department shall review similar programs implemented in other states. It is the intent of the legislature that the vehicle donation program provide a transportation option to family independence program recipients to alleviate a barrier to employment.
Sec. 624. (1) The department shall ensure that all family independence agency clients are informed in writing of additional programs for which they may potentially be eligible. Notification of programs should at a minimum include information on transitional Medicaid, LIF Medicaid, Healthy Kids, and MIChild, transitional child day care services, extended payment plans with positive billing utility companies as negotiated under section 603(3) of this bill including emergency assistance with utility arrearages, tax credits available to low income households, opportunities for skills development, training and education, training programs administered by the department of career development, individual development account opportunities, and instructions on the application process for each program benefit.
(2) At the client's discretion, the department shall grant an exit interview to discuss issues pertaining to self-sufficiency including all of the information outlined in subsection (1). Clients shall be notified of their right to an exit interview.
Sec. 625. Funds appropriated in part 1 may be used to support multicultural assimilation and support services. The department shall distribute all of the funds described in this section based on assessed community needs.
Sec. 626. (1) From the funds appropriated in part 1, the family independence agency in conjunction with the department of career development shall study the outcomes for recipients who have participated in work first, as well as those who completed work first in the previous fiscal year and shall submit quarterly reports on the progress and findings to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies by February 28, 2000, and each quarter thereafter. The quarterly reports shall include all of the following:
(a) The number and percentage having obtained jobs.
(b) Average hourly wages.
(c) The number of participants served.
(d) The number of clients referred to work first who failed to report.
(e) The number placed in employment training and education programs.
(2) From the funds appropriated in part 1, the family independence agency in conjunction with the department of career development shall study the outcomes for recipients who have participated in work first, as well as those who completed work first in the previous fiscal year and shall submit an annual report on the progress and findings to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies by March 15, 2000. In addition to the data required in subsection (1), the annual report shall include all of the following:
(a) The kind of jobs they have obtained.
(b) How long they have retained those jobs.
(c) The number and percentage receiving basic health care benefits, tuition reimbursement, or training from their employers.
(d) The number and percentage continuing to receive other types of public assistance.
(e) Any other information specifically impacting on children that the departments consider relevant.
(f) The number of noncustodial parent work first participants or former participants who make child support payments.
(g) Any other information the departments consider relevant.
(3) The 2 departments may retain a third party to conduct the studies under this section.
Sec. 629. From the funds appropriated in section 109, $100,000.00 shall be used to leverage additional funds and to promote private or nonprofit sector matching funds in individual development accounts for family independence program recipients pursuant to the personal responsibility and work opportunity reconciliation act of 1996, Public Law 104-193, 110 Stat. 2105. These funds may be used to support individual development accounts for both home purchase and education.
Sec. 630. The department shall maintain a plan to provide for the implementation of individual development accounts pursuant to section 57k of the social welfare act, 1939 PA 280, MCL 400.57k, by individuals who apply for or receive public assistance from the department.
Sec. 631. (1) From the funds appropriated in section 109, the department, in collaboration with the center on urban affairs at Michigan State University, the Michigan credit unions league, and the national federation of community development credit unions, shall begin the work of implementing individual development account programs in the growing number of low-income designated credit unions (i.e., CDCUs) located in Michigan's poorest communities. This will include:
(a) Development and testing of training and technical assistance initiatives and related materials, and other capacity building services to Michigan CDCUs.
(b) Funding for a 2-year VISTA volunteer program to staff each of 20 sites.
(c) Other related supports to assist CDCUs to become self-supporting institutions to assist impoverished Michigan residents to become economically independent.
(2) Eligible participants shall meet 1 of the following criteria:
(a) Make less than 80% of the average for all wage earners as established by the bureau of labor statistics.
(b) Have annual household income that falls at or below 80% of the median household income for the nation as established by the census bureau.
(c) Meet the definition of low-income members as determined by order of the national credit union association (NCUA) board.
Sec. 636. From the funds appropriated in section 109 for state emergency relief, the department shall fund a pilot project instituting a program that would allow indigent persons to secure a birth certificate or a state identification card at no cost to the individual.
Sec. 639. (1) From the funds appropriated in section 109 for day care services, the department shall expend $800,000.00 for day care provider training programs administered under contract with the Michigan community coordinated child care association. Training shall be made available to all day care providers including those who work out of centers, group homes, family homes, and the homes of relatives, and in-home aides.
(2) From the funds appropriated in subsection (1), the Michigan community coordinated child care association shall administer a training pilot project targeting in-home aides and persons providing child care to relatives. Providers who verify that they have received day care payments for at least 3 months from the department and who successfully complete at least 15 hours of approved child care training shall be eligible to receive a 1-time lump sum payment of up to $150.00 for training received after October 1, 1999. The total paid in lump sum payments and training costs shall not exceed $300,000.00. Approved training may include programs operated by the Michigan community coordinated child care association, the Michigan association for the education of young children, community colleges, universities, or university extension programs.
(3) On or before March 1, 2000, the department shall provide the house and senate appropriations subcommittees on the family independence agency budget a progress report on the pilot project authorized in subsection (2).
Sec. 640. From the funds appropriated in section 109 for day care services, the department shall contract with the Michigan community coordinated child care association to administer an amount not to exceed $900,000.00 for the "enhance quality improvement program" (EQUIP) grants. A priority for the expenditure of EQUIP funds shall be given to providers to expand access to child care, specifically 24-hour care and weekend care. A child care program shall not be eligible for an EQUIP grant unless 25% or more of its clients receive day care payments from the department.
Sec. 641. (1) From the funds appropriated in part 1, $100,000.00 shall be used to leverage and match additional funds for the purpose of following up on the "Ready to Learn" leadership summit that was conducted in 1999 utilizing funding appropriated to the department in the 1998-1999 fiscal year. This follow-up shall be known as the "Ready to Learn Dialogue with Michigan". The Ready to Learn Dialogue with Michigan, consistent with findings and calls to action provided at the 1999 "Ready to Learn" leadership summit, shall continue to explore the development of an early childhood education and care system that meets the needs of every child prior to kindergarten entry. The Ready to Learn Dialogue with Michigan shall bring together leaders from Michigan's legislature, the governor and leaders in the administration, leaders from Michigan's large business corporations and from small businesses, economists, parents and faith-based entities, experts in early childhood education and care, legal scholars, law enforcement officials, leaders from Michigan universities, and others selected by the planning committee established under subsection (4).
(2) The Ready to Learn Dialogue with Michigan shall examine how Michigan can develop a system that assures that every child in Michigan has a good opportunity to enter kindergarten ready to learn. The Ready to Learn Dialogue with Michigan shall address at least the following topics:
(a) Helping parents obtain high quality early childhood education and care.
(b) Protecting children by assuring that early childhood education and care occurs in safe and healthy places.
(c) Helping parents obtain early childhood education and care when they work nontraditional hours or have special needs because their children have disabilities or are sick.
(d) Developing an early childhood education and care system that recognizes the diversity of Michigan's parents with respect to ethnic, religious, income, and philosophical differences.
(e) Taking the next steps toward a comprehensive early childhood education and care system.
(3) The Ready to Learn Dialogue with Michigan shall do at least the following:
(a) Conduct at least 1 post-summit meeting that brings together leaders who attended the Ready to Learn leadership summit in the 1998-1999 fiscal year, representatives from diverse parts of the early childhood education and care field, and other parties as appropriate to plan ways of implementing the calls to action produced at the 1999 summit.
(b) Examine outstanding early childhood education and care practices implemented in places within and outside of Michigan for purposes of bringing to the legislature and governor early childhood education and care proposals for their consideration.
(c) Hold community forums across the state to bring the Ready to Learn Dialogue with Michigan to a broad cross-section of the people and to report to the legislature and governor the range of community concerns about early childhood education and care.
(d) Consult with leaders in the sectors of business, education, faith, health, labor, media, politics, philanthropy, and other sectors as appropriate to garner their support in helping all children enter kindergarten ready to learn and informing the legislature and governor about early childhood education and care policies they might consider.
(4) Organizational leadership for planning and conducting the Ready to Learn Dialogue with Michigan shall rest with a planning committee composed of people from the Michigan child care task force operating under the direction of the task force's legislative sponsors. This committee shall consult with the governor's office, the Michigan senate and house, business leaders, and Michigan foundations in planning and conducting the Ready to Learn Dialogue with Michigan. The planning committee may expend funds to consult with and hire people and organizations considered necessary for implementing this section. The committee shall provide the house and senate appropriations committees a full accounting of its expenditures incurred under this section.
(5) The Ready to Learn Dialogue with Michigan shall conduct the activities set out in subsection (3) no later than August 31, 2000, and the planning committee shall submit a report on the business conducted and recommendations made during the Ready to Learn Dialogue with Michigan to the house and senate appropriations committees no later than September 30, 2000.
Sec. 642. From the funds appropriated in part 1, $55,000.00 is appropriated for the department to establish citizenship assistance programs to assist refugees, asylees, and legal immigrants residing in Michigan to become citizens of the Unites States. The program shall be administered by community-based organizations to the maximum extent possible as determined by the department.
Sec. 644. (1) From the funds appropriated in part 1, up to $275,000.00 shall be utilized by the family independence agency to contract with Goodwill Industries, Michigan Businesses, Partners in Public Education, Family Guidance Center, and businesses including medical providers, manufacturing industries, and human services and hospitality providers to initiate a career tracked approach to employment of individuals receiving TANF. Career training will include but not be limited to certified nurse aide training, child care provision, and manufacturing and retail and service industries. The following criteria will be met:
(a) The program shall be implemented as a pilot program.
(b) The program shall be developed through community partnerships with businesses that shall agree to provide jobs related to the training at the end of the training period.
(c) Eligible participants shall include family independence program recipients and work first clients referred by the family independence agency.
(d) Training shall be limited to not longer than 6 months in duration.
(e) Training shall be directed to achieving or gaining skills that will lead to significant skilled employment for the participants such as a certification as a nurse's aide.
(f) Training shall be reasonably calculated to lead to full-time skilled employment.
(g) Participants shall receive any additional support needed to facilitate participation in the training program within reasonable parameters established by the department of career development including, but not limited to, both of the following:
(i) Child day care, including evening or nighttime care if appropriate.
(ii) Transportation.
(h) Eligible family independence program recipients and work first clients who commence training will be allowed to complete training, as long as all program participation requirements are being met.
(2) It is the intent of this section that all program participants satisfy the state work requirements.
Sec. 645. (1) From the funds appropriated in part 1 for day care services, the family independence agency, in consultation with the chairpersons and vice-chairpersons of the house and senate appropriations subcommittees on the family independence agency budget and the house and senate fiscal agencies, shall conduct an evaluation of child day care funding and submit a report to the house and senate appropriations subcommittees on the family independence agency budget and the house and senate fiscal agencies on or before November 15, 1999, that includes all of the following:
(a) An assessment and regrouping of counties by shelter areas, including any impact on market rate survey cost projections.
(b) An assessment and breakdown of costs of child day care by age group and by provider type.
(c) A listing of opportunities or recommendations to leverage public funding with private funding to increase access to or quality of child day care services that includes, but is not limited to, the following:
(i) Tax credit for employer supported child day care.
(ii) Providing consultation resources for the development of private sector programs and facilities.
(iii) Creating partnerships to fund the following:
(A) Recruitment and training of new quality child day care providers.
(B) Subsidies for low income working families for quality child day care.
(C) Increased access to sick baby, infant, nontraditional hour, and quality special needs child day care.
(d) An analysis of costs to vary child day care eligibility to no more than 200% of poverty and no less than 100% of poverty, and including tiered reimbursement payments.
(e) An analysis of strategies used by other states to avoid child day care waiting lists.
(f) A review of existing studies regarding the cost avoidance to the state in such areas as juvenile justice, corrections, school readiness, etc., arising from investment in quality child day care and education.
(g) Consideration for funding priorities if the legislature authorizes additional spending.
(2) The family independence agency may retain a third party to conduct the evaluation required under this section. The third party may be retained through a sole source contract if necessary.
(3) This section, being considered of immediate importance, is effective upon enactment.
Sec. 646. (1) The department and the Michigan department of career development shall establish clear joint guidelines on the eligibility of work first participants for post-employment training support and on how training and education hours can be applied toward federal work participation requirements. These guidelines shall be developed in a manner that balances the ability of participants to obtain training and subsequent long-term, high-wage employment with the need to connect participants with the workplace. Any and all training/education, with the exception of high school completion and GED preparation, must be occupationally relevant and in demand in the labor market as determined by the workforce development board. Participants must make satisfactory progress while in training/education. The department shall submit these guidelines to the house and senate appropriations subcommittees with jurisdiction over the department, over the department of career development, and to the house and senate fiscal agencies by October 1, 1999.
(2) Work first participants may meet the work participation requirement by combining a minimum of 10 hours per week of work with training/education, as determined in subsection (1). Training/education may last up to 12 months and the calculated hours may include actual classroom seat time up to 10 hours per week plus up to 1 hour of study time for each hour of classroom seat time. The combined work and training/education hours must equal the minimum number of hours required to meet the federal work participation requirements which are 30 hours per week for a single parent; 35 hours per week for 2-parent families, 55 hours if utilizing federally funded day care; and 20 hours per week for single parents with a child under the age of 6. Work first participants may enroll in additional hours of classroom seat time beyond the 10 hours; however, these hours and the related study time will not count toward the work participation requirement. The training may be no longer than a 1-year program, which may include the final year of a 2- or 4-year undergraduate program which is designed to lead to immediate labor force attachment, as determined in subsection (1).
(3) Work first participants may meet the federal work participation requirement through enrollment in a short-term vocational program, as determined in subsection (1), requiring 30 hours of classroom seat time per week for a period not to exceed 6 months, or by enrollment in full-time internships, practicums, or clinicals required by an academic or training institution for licensure, professional certification, or degree completion, as determined in subsection (1), without an additional work requirement. Two-parent families who receive federally funded day care must work an additional 25 hours per week to meet the federal work participation requirement.
(4) Work first participants who lack a high school diploma or GED and who enroll in high school completion or classes to obtain a GED may count up to 10 hours of classroom seat time, combined with a minimum of number of hours of work per week, to meet their federal work participation requirement. There shall be no time limit on high school completion. GED preparation shall be limited to 6 months.
(5) The department and the Michigan department of career development shall develop a procedure to ensure that the guidelines established under this section are effectively communicated to all possible participants of the post-employment training and education program.
Sec. 648. The department shall maintain policies and procedures to achieve all of the following:
(a) The identification of individuals on entry into the system who have a history of domestic violence, while maintaining the confidentiality of that information.
(b) Referral of persons so identified to counseling and supportive services.
(c) In accordance with a determination of good cause, the waiving of certain requirements of family independence programs where compliance with those requirements would make it more difficult for the individual to escape domestic violence or would unfairly penalize individuals who have been victims of domestic violence or who are at risk of further domestic violence.
Sec. 649. The department shall calculate the food stamp allotment for applicants who are United States citizens and who live in a household with legal immigrants in a manner that maximizes the food stamps available to these United States citizens under federal law.
Sec. 650. From the funds appropriated in part 1 for day care services, the department may establish a $33,000,000.00 accessibility incentive pool to increase the accessibility to quality child day care, especially care for children between birth and 2-1/2 years of age. The state may utilize the funds appropriated in this pool to implement 1 or more of the recommendations in the department's child day care report and/or 1 or more of the following:
(a) Provide 1-time accessibility incentive grants to child day care providers who receive children whose care is subsidized by the department, that have family independence agency subsidized children in care, and that provide documentation of the children enrolled in the new spaces created pursuant to this subdivision for all of the following:
(i) $500.00 to every family child care provider who creates a minimum of 1 new space for evening or weekend care, 1 new space for a child with special needs, or 1 new space for a child under 2-1/2 years of age.
(ii) $1,000.00 to every group family child care provider who creates a minimum of 2 new spaces for evening or weekend care, 2 new spaces for children with special needs, or 2 new spaces for children under 2-1/2 years of age.
(iii) $1,500.00 to every child care center that creates a minimum of 3 new spaces for evening or weekend care, 3 new spaces for children with special needs, or 3 new spaces for children under 2-1/2 years of age.
(b) Provide outreach activities and technical assistance to businesses interested in providing licensed child day care services to their employees.
(c) Provide start-up grants to businesses and individuals interested in establishing licensed child day care services. In order to receive these grants, the businesses and individuals must commit in writing to the family independence agency department that they will maintain a clientele for at least the next 2 years, 25% of which falls below 200% of the federal poverty guidelines. Failure to document this shall result in being required to repay the grant award in full. In order to receive the grants, individuals and businesses must provide a match of $2.00 for each $1.00 received. Priority for grants under this subdivision shall be given to businesses and individuals that commit to providing child day care services to children in need of evening and weekend care, children with special needs, or children under 2-1/2 years of age.
(d) Provide 1-time incentive grants to businesses that offer programs to assist employees in obtaining child day care services. In order to receive the grants, businesses must provide a match of $2.00 for each $1.00 received. Priority for grants under this subdivision shall be given to businesses that commit to assisting employees in obtaining child day care services for children in need of evening and weekend care, children with special needs, or children under 2-1/2 years of age. Employer sponsored child day care benefits shall include, but are not limited to, any of the following:
(i) Financial support for child day care.
(ii) On-site child day care.
(iii) Referral services for child day care.
(iv) Flexible scheduling.
(e) Provide 1-time grants to businesses, individuals, and schools that provide child day care services for the purpose of capital improvements or quality enhancements to the child day care facilities.
Sec. 651. (1) From the funds appropriated in part 1 for the family independence program, the family independence agency shall expend up to $250,000.00 to develop and fund a parenting skills and career development pilot program that meets all of the following criteria:
(a) Identification of single parents eligible for cash assistance having children up to 3 years old.
(b) Referral of persons identified under subdivision (a) to a local collaborative program responsible for the development and supervision of a comprehensive parenting skills and career development plan for each referred client.
(c) Each referred client shall participate in 30 hours a week of parenting skills training that is a formal professional program with either a trainer or facilitator and career development activities as detailed in his or her comprehensive plan and monitored by the local collaborative program.
(d) Participation in the above activities for the hours specified would satisfy cash assistance work requirements.
(e) The program must not place the state of Michigan in violation of work requirements as defined in the federal personal responsibility and work opportunity reconciliation act of 1996, Public Law 104-193.
(2) The local collaborative program shall provide the department with a report not later than September 30, 2000 that includes all of the following:
(a) The number of participants served.
(b) The family size of participants served.
(c) Participants' rate of compliance with their comprehensive plans.
(d) The number of participants attending postsecondary education or vocational training programs.
(e) Parenting skills training outcomes.
(f) The number of participants working at the time the report is completed.
(g) The average cost per participant of the program.
(h) Any other information that the department considers relevant.
Sec. 653. From the funds appropriated in part 1, up to $112,500.00 may be utilized by the family independence agency to contract with Saginaw service career paths, a program under development in Saginaw to assist low income persons in developing their economic potential by combining mentoring and training with actual work experience.
Sec. 654. Within 10 business days of receiving all information necessary to process an application for payments for child day care, the family independence agency shall determine whether the child day care provider to whom the payments, if approved, would be made, is listed on the child abuse and neglect central registry. If the provider is listed on the central registry, the family independence agency shall immediately send written notice denying the applicant's request for child day care payments.
Sec. 656. The department shall submit a report to the house and senate appropriations committees and the house and senate standing committees having jurisdiction over human services matters by March 1, 2000 on the subject of late payments to child day care providers for the year of 1999. The report shall include the reasons for any late payments made to providers.
Sec. 657. The department and the department of career development shall work together to develop a program to provide employment services to former family independence program recipients and to recipients of noncash public assistance benefits, such as child day care, Medicaid, or food stamp benefits. This program shall not be construed to be an entitlement to services.
JUVENILE JUSTICE SERVICES
Sec. 701. The department shall expend a portion of the federal juvenile accountability incentive block grant to support the boot camp program. The remainder of the state allocation of the juvenile accountability incentive block grant shall be used to provide funding to enable juvenile courts, juvenile probation offices, and community-based programs to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism, treating substance abuse problems, and developing community-based alternatives for female offenders and the following:
(a) To better address gang, drug, and youth violence.
(b) For training, equipment, and technology.
(c) For the establishment of programs that protect students and school personnel from drug, gang, and youth violence.
Sec. 703. Expansion of facilities funded under section 105 for juvenile justice services shall not be authorized by the joint capital outlay subcommittee of the appropriations committees until the department has held a public hearing in the community where the facility proposed to be expanded is located.
Sec. 705. (1) The Wayne County block grant amount appropriated in part 1 has been reduced by an amount calculated by subtracting the following amount determined under subdivision (a) from the following amount determined under subdivision (b) and multiplying the result by 50% of the projected per-child cost for educational services to state wards in state operated training schools and treatment and detention facilities for the state fiscal year beginning October 1, 1998:
(a) The estimated average daily population of public wards from Wayne County in state operated training schools and treatment and detention facilities for the 1999-2000 state fiscal year.
(b) The actual average daily population of public wards from Wayne County in state operated training schools and treatment and detention facilities for the 1997-1998 state fiscal year.
(2) The state budget director shall review the reductions made under this section during the third quarter of the 1999-2000 state fiscal year based on actual data from the first 2 quarters of the 1999-2000 state fiscal year and make recommendations to the legislature regarding appropriate fourth quarter adjustments.
Sec. 706. (1) As a condition of receiving funding under the Wayne County block grant contract, Wayne County shall submit a report to the department, the house and senate appropriations subcommittees on the family independence agency budget, and the house and senate fiscal agencies no later than January 1, 2000 that includes all of the following related to the Wayne County block grant:
(a) Implementation plan.
(b) Service goals for fiscal year 2000.
(c) An outline of measures for effectiveness.
(2) As a condition of receiving funding under the Wayne County block grant contract, no later than September 30, 2000, Wayne County shall submit a report to the department, the house and senate appropriations subcommittees on the family independence agency budget, and the house and senate fiscal agencies that includes all of the following related to the Wayne County block grant:
(a) Implementation status.
(b) Service outcomes.
(c) Program effectiveness based upon measures described in this section.
(d) How the Wayne County block grant was expended.
(e) Any other information required to meet federal requirements.
(3) No later than September 30, 2000, the auditor general shall begin an audit on the implementation of delinquency programs funded with the Wayne County block grant.
Sec. 707. (1) Wayne County and the family independence agency may enter into an agreement under which the family independence agency will provide juvenile justice services to juvenile public wards committed to Wayne County. Pursuant to the agreement, the family independence agency may utilize the funds appropriated in section 105 for the Wayne County block grant to pay for costs incurred by the family independence agency for providing juvenile justice services to Wayne County.
(2) Wayne County shall be responsible for all costs under subsection (1). To the extent costs incurred by the family independence agency exceed the amount available under section 105, Wayne County shall make payment to the state within 30 days from the date of invoice. The state budget director is authorized to approve spending authority for the family independence agency necessary to provide services until payment is received from Wayne County.
Sec. 709. A juvenile adjudicated and placed in a state operated maximum security program funded under section 105 for juvenile justice services shall not be allowed to leave the property of the maximum security facility at which the program is located except when required to leave the property for medical treatment, court appearances, or other good cause approved by the facility director. For purposes of this section, "juvenile" means that term as defined in section 115n of the social welfare act, 1939 PA 280, MCL 400.115n.
Sec. 710. New facilities funded under section 105 for juvenile justice services shall not be located within 1,500 feet of property in use for a K-12 educational program.
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
Mike Goschka
Joel Gougeon
Robert L. Emerson
Conferees for the Senate
Mark Jansen
Laura M. Toy
Hubert Price, Jr.
Conferees for the House
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.
The motion prevailed.
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. 790 Yeas--104
Allen | Faunce | Kowall | Rison |
Baird | Frank | Kuipers | Rivet |
Basham | Garcia | Kukuk | Rocca |
Birkholz | Garza | LaSata | Sanborn |
Bisbee | Geiger | Law | Schauer |
Bishop | Gieleghem | Lemmons | Schermesser |
Bogardus | Gilbert | Lockwood | Scott |
Bovin | Godchaux | Mans | Scranton |
Bradstreet | Green | Martinez | Shackleton |
Brater | Hager | Mead | Sheltrown |
Brewer | Hale | Middaugh | Shulman |
Brown, B. | Hanley | Mortimer | Spade |
Brown, C. | Hansen | Neumann | Stallworth |
Byl | Hardman | O'Neil | Stamas |
Callahan | Hart | Pappageorge | Switalski |
Caul | Howell | Patterson | Tabor |
Cherry | Jacobs | Perricone | Tesanovich |
Clark, I. | Jamnick | Pestka | Toy |
Clarke, H. | Jansen | Price | Van Woerkom |
Daniels | Jelinek | Prusi | Vander Roest |
DeHart | Jellema | Pumford | Vaughn |
Dennis | Johnson, Rick | Quarles | Vear |
DeRossett | Julian | Raczkowski | Voorhees |
DeVuyst | Kelly | Reeves | Wojno |
DeWeese | Kilpatrick | Richardville | Woodward |
Ehardt | Koetje | Richner | Woronchak |
Nays--2
Gosselin LaForge
In The Chair: Scranton
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Gosselin, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
It's not our money!
A few weeks ago we learned the state has overcharged taxpayers more than $600 million this year, and expects to overcharge them $500 million next year. In the peculiar Orwellian phrasing typical of government this overcharge is called a 'surplus,' and rather than returning it to the gypped customer right away, as any ethical business would do, we immediately began looking for ways to spend it. And found them.
To be fair, we have decided to return some of the money through a cut in the rate of the Single Business Tax, and it is good we're moving in the right direction on that job-destroying tax. But the public reaction to the proposed 23-year phaseout of that tax was summed up by one Oakland citizen who said 'I'll be dead before that tax goes away.'
The members of the majority caucus in this House were not elected to grow government, but that's what we're doing. Economists estimate that inflation over the last few years has been one percent per year or less, and wholesale prices have actually declined. Yet next year's proposed budget started out by increasing state spending by 3.0 percent, and that was before the legislature piled on extra spending for pet programs and projects.
Now we discover extra money due to the overcharge, and behind closed doors deals are made to increase the growth of government next year by another 1.7 percent, for a grand total of 4.7 percent over the current year!
Where is all this extra money coming from? Studies by the Senate Fiscal Agency comparing state expenditures and revenue by county show a trend in which Oakland County will soon be a $1 billion donor to the rest of the state, if we have not achieved that status already. In 1997 Oakland County citizen subsidized the state $715, paying $2,731 in taxes but getting back just $2,016 in services from the state, and the subsidy has probably grown since then.
Meanwhile, Oakland County is suffering a traffic congestion crisis due to inadequate state investment in transportation infrastructure, and the state is doing absolutely nothing to address that problem.
This is wrong. It's not our money. We should give it back."
______
The Speaker Pro Tempore resumed the Chair.
Senate Bill No. 372, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2000; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.
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:
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 372, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2000; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.
Recommends:
First: That the House recede from the Substitute of the House as passed by the House.
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate and to the following amendments:
1. Amend page 1, line 3, by striking out all of section 101 and inserting:
"Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the state transportation department and certain state purposes designated in this act for the fiscal year ending September 30, 2000, from the funds indicated in this part. The following is a summary of the appropriations in this part:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 3,176.3
GROSS APPROPRIATION $ 2,829,895,700
Interdepartmental grant revenues:
IDT, intradepartmental charges 10,459,500
Total interdepartmental grants and intradepartmental transfers 10,459,500
ADJUSTED GROSS APPROPRIATION $ 2,819,436,200
Federal revenues:
DOT, federal transit act 26,146,000
DOT-FHWA, highway research, planning, and construction 800,525,000
DOT-FRA, local rail service assistance 2,000,000
DOT-FRA, rail passenger/HSGT 3,000,000
Total federal revenues 831,671,000
Special revenue funds:
Local funds 5,300,000
Total local revenues 5,300,000
Total private revenues 0
Total local and private revenues 5,300,000
Michigan transportation fund 1,024,787,200
General fund restricted purpose 12,999,800
Blue Water Bridge fund 12,395,400
State trunkline fund 696,404,000
State aeronautics fund 9,056,000
Comprehensive transportation fund 224,322,800
Intercity bus equipment fund 500,000
Rail preservation fund 2,000,000
Total other state restricted revenues 1,982,465,200
State general fund/general purpose | $ | 0 |
TOTAL PAYMENTS TO LOCALS | $ | 1,105,317,700 |
Sec. 102. DEBT SERVICE
State trunkline $ 35,904,600
Trunkline bonds, series 1989A-EDF ($100,000,000) 6,608,300
Critical bridge 3,000,000
Blue Water Bridge 2,311,900
Comprehensive transportation 21,209,300
GROSS APPROPRIATION $ 69,034,100
Appropriated from:
Special revenue funds:
Comprehensive transportation fund 21,209,300
Michigan transportation fund 9,608,300
State trunkline fund 35,904,600
Blue Water Bridge fund 2,311,900
State general fund/general purpose $ 0
Sec. 103. INTERDEPARTMENT & STATUTORY CONTRACTS
Michigan transportation fund (MTF)
MTF grant to department of environmental quality $ 813,000
MTF grant to department of state 56,830,800
MTF grant to legislative auditor general 101,800
MTF grant to attorney general 2,475,200
State trunkline fund (STF)
STF grant to department of civil service 1,320,000
STF grant to department of management and budget 768,100
STF grant to department of natural resources 37,500
STF grant to department of state police 6,305,700
STF grant to department of treasury 24,300
STF grant to legislative auditor general 381,100
State aeronautics fund (SAF)
SAF grant to department of attorney general 114,900
SAF grant to department of civil service 50,000
SAF grant to department of management and budget 18,200
SAF grant to department of treasury 61,500
SAF grant to legislative auditor general 15,400
Comprehensive transportation fund (CTF)
CTF grant to department of civil service 95,000
CTF grant to department of management and budget 38,600
CTF grant to department of treasury 8,900
CTF grant to legislative auditor general 38,900
GROSS APPROPRIATION $ 69,498,900
Appropriated from:
Special revenue funds:
Comprehensive transportation fund 181,400
Michigan transportation fund 60,220,800
State aeronautics fund 260,000
State trunkline fund 8,836,700
State general fund/general purpose $ 0
Sec. 104. EXECUTIVE DIRECTION
Full-time equated unclassified positions 6.0
Full-time equated classified positions 33.3
Unclassified salaries $ 476,500
State transportation commission (per diem payments) 7,200
Commission audit--33.3 FTE positions 2,911,900
GROSS APPROPRIATION $ 3,395,600
Appropriated from:
Special revenue funds:
State trunkline fund 3,395,600
State general fund/general purpose $ 0
Sec. 105. ADMINISTRATIVE SERVICES
Full-time equated classified positions 138.7
Administration and data center--103.7 FTE positions $ 31,227,400
Building occupancy charges-property management 4,582,400
Human resources--30.0 FTE positions 2,402,200
Economic development administration--5.0 FTE positions 500,700
Rent 1,940,000
Worker's compensation 2,528,600
GROSS APPROPRIATION $ 43,181,300
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction 1,000,000
Special revenue funds:
General fund restricted purpose 129,800
State aeronautics fund 631,900
Comprehensive transportation fund 1,086,200
Michigan transportation fund 435,600
State trunkline fund 39,897,800
State general fund/general purpose $ 0
Sec. 106. BUREAU OF FINANCE AND ADMINISTRATION
Full-time equated classified positions 255.5
Administration--255.5 FTE positions | $ | 20,355,500 |
GROSS APPROPRIATION | $ | 20,355,500 |
Appropriated from:
Special revenue funds:
Michigan transportation fund 1,048,100
State trunkline fund 19,307,400
State general fund/general purpose $ 0
Sec. 107. BUREAU OF TRANSPORTATION PLANNING
Full-time equated classified positions 185.1
Administration--185.1 FTE positions $ 20,674,700
Grants to regional planning councils 488,800
GROSS APPROPRIATION $ 21,163,500
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction 11,041,000
Special revenue funds:
State aeronautics fund 267,000
Comprehensive transportation fund 1,679,500
Michigan transportation fund 5,755,200
State trunkline fund 2,420,800
State general fund/general purpose $ 0
Sec. 108. BUREAU OF HIGHWAYS
Full-time equated classified positions 1,658.1
Engineering operations--826.3 FTE positions $ 23,250,900
Maintenance operations--78.0 FTE positions 6,904,700
Program services--753.8 FTE positions 35,431,100
GROSS APPROPRIATION $ 65,586,700
Appropriated from:
Interdepartmental grant revenues:
IDT, intradepartmental charges 207,500
Federal revenues:
DOT-FHWA, highway research, planning, and construction 3,035,000
Special revenue funds:
Michigan transportation fund 2,182,200
State trunkline fund 60,162,000
State general fund/general purpose $ 0
Sec. 109. HIGHWAY MAINTENANCE
Full-time equated classified positions 707.1
State trunkline operations--707.1 FTE positions $ 102,271,100
Contract operations 126,628,300
GROSS APPROPRIATION $ 228,899,400
Appropriated from:
Interdepartmental grant revenues:
IDT, intradepartmental charges 10,252,000
Special revenue funds:
State trunkline fund 218,647,400
State general fund/general purpose $ 0
Sec. 110. ROAD AND BRIDGE PROGRAMS
State trunkline federal aid and road and bridge construction $ 896,203,700
Local federal aid and road and bridge construction 195,827,000
Grants to local programs 33,000,000
AAA intersection improvement program 2,000,000
Rail grade crossing 3,000,000
Critical bridge program 5,250,000
County road commissions 558,320,300
Cities and villages 311,288,600
GROSS APPROPRIATION $ 2,004,889,600
Appropriated from:
Federal revenues:
DOT-FHWA, highway research, planning, and construction 785,449,000
Special revenue funds:
Local funds 5,000,000
Michigan transportation fund 910,608,900
State trunkline fund 303,831,700
State general fund/general purpose $ 0
Sec. 111. BLUE WATER BRIDGE
Full-time equated classified positions 33.0
Blue Water Bridge fund operations--33.0 FTE positions | $ | 10,083,500 |
GROSS APPROPRIATION | $ | 10,083,500 |
Appropriated from:
Special revenue funds:
Blue Water Bridge fund 10,083,500
State general fund/general purpose $ 0
Sec. 112. TRANSPORTATION ECONOMIC DEVELOPMENT FUND
Forest roads $ 5,040,000
Rural county urban system 2,500,000
Target industries/economic redevelopment 23,064,500
Urban county congestion 9,782,200
Rural county primary 9,782,200
GROSS APPROPRIATION $ 50,168,900
Appropriated from:
Special revenue funds:
General fund restricted purpose 12,870,000
Michigan transportation fund 33,298,900
State trunkline fund 4,000,000
State general fund/general purpose $ 0
Sec. 113. BUREAU OF AERONAUTICS
Full-time equated classified positions 56.0
Administration--56.0 FTE positions $ 6,732,100
Air service program 1,000,000
Airport management program 165,000
GROSS APPROPRIATION $ 7,897,100
Appropriated from:
Special revenue funds:
State aeronautics fund 7,897,100
State general fund/general purpose $ 0
Sec. 114. BUREAU OF URBAN & PUBLIC TRANSPORTATION
Full-time equated classified positions 109.5
Administration--109.5 FTE positions | $ | 8,649,700 |
GROSS APPROPRIATION | $ | 8,649,700 |
Appropriated from:
Special revenue funds:
Comprehensive transportation fund 7,020,500
Michigan transportation fund 1,629,200
State general fund/general purpose $ 0
Sec. 115. BUS TRANSIT DIVISION: STATUTORY OPERATING
Local bus operating $ 144,576,300
Local bus operating: unreserved CTF fund balance 6,000,000
Nonurban operating/capital 6,646,000
GROSS APPROPRIATION $ 157,222,300
Appropriated from:
Federal revenues:
DOT, federal transit act 6,546,000
Special revenue funds:
Local funds 100,000
Comprehensive transportation fund 150,576,300
State general fund/general purpose $ 0
Sec. 116. INTERCITY PASSENGER AND FREIGHT
Freight property management $ 1,893,300
Detroit/Wayne County port authority 408,500
Intercity bus equipment 2,824,500
Rail passenger service 8,812,800
Freight preservation and development 7,500,000
Rail infrastructure loan program 2,000,000
Intercity bus service development 2,025,500
Marine passenger services 800,000
Terminal development 1,000,000
GROSS APPROPRIATION $ 27,264,600
Appropriated from:
Federal revenues:
DOT, federal transit act 1,000,000
DOT-FRA, local rail service assistance 2,000,000
DOT-FRA, rail passenger/HSGT 3,000,000
Special revenue funds:
Local funds 50,000
Rail preservation fund 2,000,000
Intercity bus equipment fund 500,000
Comprehensive transportation fund 18,714,600
State general fund/general purpose $ 0
Sec. 117. PUBLIC TRANSPORTATION DEVELOPMENT
Specialized services $ 3,600,100
Municipal credit program 2,000,000
Bus capital 29,400,000
Ride sharing 330,700
Van pooling 145,000
Bus property management 125,000
Service development and new technology 1,675,000
Planning grants 150,000
Audit settlements 200,000
Region service coordination 1,000,000
Work first initiative 3,979,200
GROSS APPROPRIATION $ 42,605,000
Appropriated from:
Federal revenues:
DOT, federal transit act 18,600,000
Special revenue funds:
Local funds 150,000
Comprehensive transportation fund 23,855,000
State general fund/general purpose $ 0".
2. Amend page 12, line 24, after "Sec. 201." by striking out all of subsection (1) and inserting "(1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1999-2000 is estimated at $1,982,465,200.00 in this act and state spending from state sources paid to local units of government for fiscal year 1999-2000 is estimated at $1,105,317,700.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF TRANSPORTATION
Local grant program $ 33,000,000
Economic development fund 27,104,400
Grants to cities and villages 311,288,600
Grants to county road commissions 558,320,300
Critical bridge program 5,250,000
Grants to regional planning councils 488,800
Local bus operating 150,576,300
Bus capital 12,000,000
Marine passenger service 800,000
Detroit/Wayne County port authority 408,500
Local ride sharing operating grants 330,700
Planning grants 150,000
Municipal credit program 2,000,000
Specialized services 3,600,100
Total payments to local units of government $ 1,105,317,700".
3. Amend page 13, line 25, by striking out all of section 202 and inserting:
"Sec. 202. The appropriations made and the expenditures authorized under this act and the departments, agencies, commissions, boards, offices, and programs for which an appropriation is made under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.".
4. Amend page 14, following line 16, by inserting:
"(n) "RTCC" means regional transit coordinating council." and relettering the remaining subdivisions.
5. Amend page 14, line 20, by striking out all of sections 204 and 205 and inserting:
"Sec. 204. (1) Beginning October 1, a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department or to positions that are funded with 80% or more federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the fifteenth of each month to the chairpersons of the senate and house appropriations committees the number of exceptions to the hiring freeze approved during the previous month and the reasons to justify the exception.
Sec. 205. A department or agency billed by the department of civil service for the 1% charge authorized by section 5 of article XI of the state constitution of 1963 by the end of the first fiscal quarter, shall pay the total amount of the billing by the end of the second fiscal quarter.".
6. Amend page 16, line 10, after "part 1." by inserting "These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.".
7. Amend page 16, following line 10, by inserting:
"Sec. 209. The department shall not implement an affirmative action plan unless it has been submitted to the Michigan civil rights commission for approval in accordance with section 210 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2210, and the Michigan civil rights commission has approved the plan.
Sec. 210. (1) The department shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues quarterly reports on the department's efforts to change the department's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's approved work plan for these efforts.
(2) Beginning with the report on April 1, 2000, the department shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues quarterly reports identifying for the immediately preceding quarter significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of significant impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.
(3) The department may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the department shall identify the funding sources that should support the work performed and the department of management and budget shall forward the appropriated funding.".
8. Amend page 16, line 12, after "Sec. 301." by inserting "(1)".
9. Amend page 16, line 15, after "law." by inserting:
"(2)".
10. Amend page 18, line 1, by striking out all of sections 307, 308, and 309 and inserting:
"Sec. 307. Before February 1 of each year, the department will provide to the legislature and to the house and senate fiscal agencies its rolling 5-year plan listing by county or by county road commission all highway construction projects for the fiscal year and all expected projects for the ensuing fiscal years.
Sec. 308. Money appropriated in part 1 shall not be used for the purchase of foreign goods or services when competitively priced and of comparable quality American goods or services are available.
Sec. 309. The department shall aggressively pursue compliance with contract specifications for construction and maintenance of state highways. Work shall not be accepted and paid for until it complies with contract requirements. Contractors with unsatisfactory performance ratings shall be restricted from future bidding through the department's prequalification process. As part of its annual overview of the budget, the department shall report to the house and senate appropriations subcommittees on transportation on its activities under this section.".
11. Amend page 19, line 4, by striking out all of section 314 and inserting:
"Sec. 314. (1) The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department.
(2) The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.".
12. Amend page 19, line 14, by striking out all of section 316 and inserting:
"Sec. 316. At the close of the fiscal year ending September 30, 2000, any unencumbered and unexpended balance in the state trunkline fund shall remain in the state trunkline fund and shall carry forward and be appropriated for federal aid road and bridge programs for projects contained in the annual state transportation program.".
13. Amend page 20, line 22, by striking out all of section 321 and inserting:
"Sec. 321. (1) It shall remain a priority for the office of commission audits to fill all authorized positions. The commission shall submit a written report to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies providing the structure of the office, the oversight of the office by the commission, and specific plans and the date or dates for implementation of those plans for improvements in the office.
(2) The chief administrative officer of the office shall be responsible for the performance by the office of not less than 6 performance audits in a fiscal year. The chief administrative officer shall provide a report at the end of each 6 months to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies on the status of the office, the hours spent on performance audits, and the expected completion dates of audits in progress. Copies of audits completed during the reporting period may be included with the report.
(3) The department shall provide a report prepared by the department's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report shall be due on March 1, 2000 and biennially thereafter beginning on May 1, 2001 and shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.".
14. Amend page 23, line 20, by striking out all of section 328.
15. Amend page 25, line 1, by striking out all of sections 331 and 332 and inserting:
"Sec. 331. The department shall implement a pilot program that places reports required by this act on the Internet, with electronic notification to legislative offices of Internet access to the reports. During fiscal year 2000, the department shall continue to distribute all of these reports to the legislature in the current printed format.
Sec. 333. (1) The department shall conduct a pavement demonstration project of not less than 1 mile in length as part of new construction using a pavement design that increases pavement life expectancy by not less than 40%. The department shall work with interested parties to develop design details and specifications for pavement design for the project which would best reduce pavement life cycle cost. It is the intent of the legislature that the department monitor the ride quality, performance, and life cycle cost of the road section constructed with the pavement design in comparison with road sections constructed using standard department specifications.
(2) The design shall increase pavement life expectancy by at least 40%. If the estimated paving construction costs for the road section designed to modified specifications exceed 15% of the estimated paving costs for comparable road sections on the same project designed to standard department paving specifications, the department shall use standard paving design details and specifications.
Sec. 334. The department shall continue its program to increase the use of women and minority owned businesses in state and local road construction projects. This program shall comprise, at a minimum, outreach and education efforts to inform women and minority owned firms of department competitive bidding processes and requirements, and an assessment of the availability of surety for women and minority owned businesses. The department shall report by March 31, 2000 to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies of its progress in complying with this section.
Sec. 335. Logo signs shall be placed at 30 interchange locations during the fiscal year ending September 30, 2000. The signs may not be located within 5 miles of any international airport.
Sec. 336. (1) From funds appropriated in section 110 for state trunkline federal aid and road and bridge construction, the department shall expend $2,000,000.00 on a 2-year pilot project to improve traffic flow on US 131, the major north and south artery through western Michigan. This pilot project shall be comprised of the following components:
(a) $1,750,000.00 to examine alternatives in which the state, in collaboration with local transit providers, can mitigate congestion caused by the closure for repairs of US 131. This component shall explore the use of the following options:
(i) Keeping 1 lane open on the expressway at all times or providing an alternate route for use by buses, vans, and cars with 6 or more occupants.
(ii) Establishing a park and go program.
(iii) Other options the state and pilot participants consider feasible.
(b) $250,000.00 shall be used to examine and improve traffic flow through and around the intersection of US 131, BR 131, and M 20.
(2) The department shall provide the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies a status report on this project on or before June 1, 2000.
Sec. 337. The department and the department of state police shall jointly prepare a report for the house and senate appropriations subcommittees on transportation that provides a cost effective strategic direction for the motor carrier weight enforcement program. The report shall minimally address the role of existing weigh stations and the use of new technologies for mobile enforcement. This report shall be submitted not later than April 1, 2000.".
16. Amend page 26, line 22, after "year." by striking out "Up to 30%" and inserting "Thirty percent".
17. Amend page 27, following line 2, by inserting:
"(6) The department shall not borrow against the critical bridge fund for the first 9 months of the fiscal year.".
18. Amend page 27, line 20, by striking out all of section 404 and inserting:
"Sec. 404. The appropriation in part 1 for grants to regional planning councils shall not be distributed until the regional planning councils submit to the department a work plan for the ensuing fiscal year and a description of transportation planning activities performed in the prior fiscal year. The appropriation in part 1 for grants to regional planning councils shall not be affected in the current fiscal year. It is the intent of the legislature that in subsequent fiscal years the distribution of grants to regional planning councils be based on needs as supported by a submitted work plan.".
19. Amend page 33, following line 6, by inserting:
"Sec. 510. It is the intent of the legislature that as the appropriation of Michigan transportation fund funds for administration for certain state agencies is phased out, as provided for in section 10(1) of 1951 PA 51, MCL 247.660, those funds shall be distributed pursuant to section 10 of 1951 PA 51, MCL 247.660, and shall not be distributed to any state agency that remains eligible to receive Michigan transportation fund funds for administration.".
20. Amend page 33, line 12, by striking out all of section 602 and inserting:
"Sec. 602. The legislature encourages the department to work with the road construction industry to develop performance and road construction warranties for construction contracts. The development of warranties shall include warranties on materials, workmanship, performance criteria, and design/build projects. The department will report by September 30, 2000 to the house and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies on the status of efforts to develop performance and road construction warranties.".
21. Amend page 33, line 19, by striking out all of line 19 through "demonstration, the" on line 20 and inserting "establishing 2 additional truck inspection stations. The".
22. Amend page 33, line 22, after "effectiveness." by inserting "The department shall report on the effectiveness of this program.".
23. Amend page 34, line 11, after "before" by striking out "September 30, 2000" and inserting "October 1, 1999".
24. Amend page 34, line 15, by striking out all of section 606 and inserting:
"Sec. 606. If the department uses manufactured pipe for road construction drainage, the department shall require that pipe used under certain load bearing conditions beneath the roadway meet the standards established by the American society for testing and materials (ASTM) or American association of state highway and transportation officials (AASHTO). The department may also use the mandrel test for manufactured pipe 60 days after installation and provide a summary of the results of these inspections to the house and senate appropriations subcommittees on transportation and house and senate fiscal agencies.".
25. Amend page 35, line 4, by striking out all of section 612.
26. Amend page 35, following line 5, by inserting:
"Sec. 617. It is the intent of the legislature that the department shall use traffic congestion as 1 of the criteria in determining the priorities for designating which roads shall be remediated in its 5-year road plan, which must be submitted on or before February 1, 2000. Criteria for evaluating traffic congestion shall include, but not be limited to, coordination with local, county, and regional planning, improvement in traffic operations, improvement in physical roadway conditions, accident reduction, and coordination with area public transportation planning.".
27. Amend page 36, line 6, by striking out all of section 705.
28. Amend page 37, line 19, after "purpose." by inserting "The report shall include recommendations on self-sustaining revenue sources to increase awareness and include efforts to increase ridership.".
29. Amend page 43, line 14, by striking out all of section 709 and inserting:
"Sec. 709. (1) By March 31, 2000, the department shall submit a report to the house and senate appropriations subcommittees on transportation and to the house and senate fiscal agencies on the ridesharing and van pooling programs. The report shall describe how the appropriations for this program were expended in the last 5 years and assess the program's effectiveness during this period.
(2) The department shall utilize competitive bidding for each grant awarded under subsection (1).".
30. Amend page 43, line 26, by striking out all of section 710 and inserting:
"Sec. 710. (1) From the funds appropriated in part 1, $2,000,000.00 is allocated for a rail infrastructure loan program. The program shall provide noninterest bearing loans for rail infrastructure improvements. The department shall evaluate loan applications according to the relative merit of the project in conjunction with program goals. The transportation commission shall approve the loans. The loans shall fund not less than 90% of the rail portion of project costs, and the loan repayment period shall not exceed 10 years. Local governments, railroads, and current or potential users of freight railroad services are eligible applicants. At the end of the fiscal year, unexpended funds shall remain in the rail infrastructure loan program and shall be available to be allocated for the purposes of the program in the succeeding fiscal year. Money that is received by this state as repayment for rail infrastructure loans made pursuant to this program shall remain within the rail infrastructure loan program and shall be allocated for the purposes of the program. The state's total contribution to the rail infrastructure loan program shall not exceed $15,000,000.00.
(2) The department or the state transportation commission shall not require any collateral or personal guarantees to qualify for a loan under the rail infrastructure loan program. However, the department or the state transportation commission shall review all outstanding loans issued under the rail infrastructure loan program every 180 days to determine the current status of the loan and verify the continuing eligibility and operations of loan recipients. The department shall prepare an annual report on the status of all outstanding loans issued under this program and present this report to the house and senate appropriations subcommittees on transportation and house and senate fiscal agencies on or before May 1, 2000.".
31. Amend page 44, line 16, by striking out all of section 711.
32. Amend page 45, line 12, by striking out all of section 716 and inserting:
"Sec. 717. (1) It is the intent of the legislature to achieve coordinated services between DDOT and SMART by October 1, 1999. Prior to October 1, 1999, the RTCC shall meet to develop a report on all progress made in the coordination of services between DDOT and SMART. On or before October 1, 1999, the RTCC shall submit the report to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies. At a minimum, the RTCC shall coordinate dispatching, scheduling, ticketing, and fare boxes. Compliance shall require the RTCC to coordinate intersystem monthly reimbursement to ensure fare box neutrality. If the RTCC fails to meet and submit the report to the legislature on or before October 1, 1999, reimbursement of the monthly eligible operating expenses and bus capital to the RTCC for the month of October 1999 shall not exceed 1/12 of the amount of the distribution received from the CTF for eligible operating expenses and bus capital for the fiscal year ending September 30, 1997.
(2) If the RTCC fails to meet and submit the report to the legislature before that date, then on or before November 1, 1999, DDOT and SMART shall develop, submit, and set into operation a plan to achieve coordinated service that does not reduce total fare box revenue to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies. At a minimum, the plan shall coordinate service on the Michigan avenue, Grand River avenue, Woodward avenue, Gratiot avenue, and the Jefferson avenue-Lakeshore drive corridors. The coordinated transit plan shall include coordination of local, intermediate, and express services to increase efficiency and eliminate redundant service which shall not reduce total fare box revenues on those routes.
(3) If DDOT and SMART fail to develop, submit to the legislature, and initiate operation of a coordinated transit plan by November 1, 1999, reimbursement of the monthly eligible operating expenses and bus capital to the RTCC shall not exceed 1/12 of the amount of the distribution received from the CTF for eligible operating expenses for the fiscal year ending September 30, 1997. If no coordinated transit plan is presented and in place by November 1, 1999, it is the intent of the legislature to amend the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to 124.426, to disband the DDOT and SMART RTCC and separate all subsequent reimbursement of eligible operating expenses and bus capital to DDOT and SMART. After November 1, 1999 and until the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to 124.426, is amended, for each month that a coordinated transit plan is not in operation, reimbursement of the monthly eligible operating expenses and bus capital to the RTCC shall not exceed 1/12 of the amount of the distribution received from the CTF for eligible operating expenses for the fiscal year ending September 30, 1997.
(4) All funds withheld from the RTCC under this section shall be reallocated and distributed to all remaining eligible public transit authorities statewide. The amount of funding withheld, reallocated, and distributed under this subsection shall comply with section 10e(4)(a) of 1951 PA 51, MCL 247.660e.
Sec. 718. On or before March 31, 2000, the department shall report to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies on the status of efforts to develop a Lansing to Detroit commuter rail line. The report shall include an analysis of the feasibility of the proposed Lansing to Detroit commuter rail line.".
33. Amend page 49, line 3, by striking out all of section 725.
34. Amend page 49, following line 13, following section 726, by inserting:
"Sec. 727. It is the intent of the legislature that the department develop a plan to phase out, in subsequent years, the local bus operating funds currently used to reimburse services by water vehicle. Not later than September 1, 1999, the legislature and the department shall hold hearings jointly on the plan to phase out the operating funding.
Sec. 728. The department shall work with public transportation providers to determine the availability of additional federal funds and to develop a strategy to obtain these funds. The discussion shall include, but not be limited to, bonding.
Sec. 729. The appropriation in section 115 for local bus operating: unreserved CTF fund balance shall only be expended by the department if the department, together with the house and senate fiscal agencies and the department of management and budget, determines that sufficient funding is available in the comprehensive transportation fund to support the appropriation. The funding shall be appropriated pursuant to statutory requirements of 1951 PA 51, MCL 247.651 to 247.675, as follows:
(a) Ten percent shall be appropriated to the intercity passenger and freight programs with not more than $1,000,000.00 of that amount appropriated to the rail infrastructure loan program. Any amount above the $1,000,000.00 from the 10% shall be appropriated to the freight preservation and development program.
(b) The remaining 90% shall be appropriated to the local bus operating program.".
35. Amend page 49, line 21, by striking out all of sections 803 and 804 and inserting:
"Sec. 803. The appropriation in part 1 from the state aeronautics fund for transportation planning administration shall not be distributed until the department submits a report to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies. The report shall describe in detail how the appropriations for aeronautics planning have been spent in the last 2 years, and assess the current and future levels of funding needed for this purpose.
Sec. 804. The department and the departments of state police, natural resources, and military affairs shall develop plans for the maintenance, scheduling, and use of all state-owned, noncombat aircraft. It is the intent of the legislature that these plans maximize the cost-efficient use of the state transportation air fleet. The departments shall prepare a joint report, coordinated by the department, on the development and implementation of these plans.
Sec. 805. The appropriation in section 113 for the airport management program is a 1-time only appropriation. The department shall include language in the agreement made with Western Michigan University pursuant to this section that the appropriation is a 1-time only appropriation. The department shall use the funding for a 2-year program with Western Michigan University as the fixed base operator for the Romeo airport. The university, in addition to being the fixed base operator for the airport, shall commit university funding for an academic internship program in airport management at the airport. The university shall actively work with local school districts and vocational schools, such as Davis technical institute in Detroit, to identify opportunities for students to pursue postsecondary education opportunities in the aviation industry.".
Third: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2000; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials, certain state institutions of higher education, and local units of government; and to provide for the expenditure of the appropriations.
Philip E. Hoffman
Leon Stille
Joe Young, Jr.
Conferees for the Senate
Judith Scranton
Jon Jellema
Keith Stallworth
Conferees for the House
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.
The motion prevailed.
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. 791 Yeas--104
Allen | Frank | Kowall | Rivet |
Baird | Garcia | Kuipers | Rocca |
Basham | Garza | Kukuk | Sanborn |
Birkholz | Geiger | LaSata | Schauer |
Bisbee | Gieleghem | Law | Schermesser |
Bishop | Gilbert | Lemmons | Scott |
Bogardus | Godchaux | Lockwood | Scranton |
Bradstreet | Gosselin | Mans | Shackleton |
Brater | Green | Martinez | Sheltrown |
Brewer | Hager | Mead | Shulman |
Brown, B. | Hale | Middaugh | Spade |
Brown, C. | Hanley | Mortimer | Stallworth |
Byl | Hansen | Neumann | Stamas |
Callahan | Hardman | O'Neil | Switalski |
Caul | Hart | Pappageorge | Tabor |
Cherry | Howell | Patterson | Tesanovich |
Clark, I. | Jacobs | Perricone | Thomas |
Clarke, H. | Jamnick | Pestka | Toy |
Daniels | Jansen | Price | Van Woerkom |
DeHart | Jelinek | Prusi | Vander Roest |
Dennis | Jellema | Pumford | Vaughn |
DeRossett | Johnson, Rick | Raczkowski | Vear |
DeVuyst | Julian | Reeves | Voorhees |
DeWeese | Kelly | Richardville | Wojno |
Ehardt | Kilpatrick | Richner | Woodward |
Faunce | Koetje | Rison | Woronchak |
Nays--3
LaForge Minore Quarles
In The Chair: Birkholz
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Minore, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
While in general this is a good budget which addresses many needs, I voted no in protest of the $56 million dollar transfer of transportation revenue to the Secretary of State for undefined and unclear 'administrative expenses.' This takes transportation dollars from their intended and legitimate uses for roads, bridges and public transportation. It funds 'administrative expenses' that should be funded with general revenue dollars.
This appropriation bill diverts gasoline taxes paid by the users of our roads and highways away from their intended use to fund undefined and unclear 'administrative expenses' in the Department of State. That department's activities are, at best, loosely connected to the legitimate and intended use of these dollars for transportation expenses."
Senate Bill No. 366, entitled
A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2000; 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 transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2000; 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 Second Committee of Conference.
The Conference Report was read as follows:
Second Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 366, entitled
A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2000; 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 transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2000; 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.
Recommends:
First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:
1. Amend page 2, line 1, by striking out all of part 1 and inserting:
"PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are 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, for the fiscal year ending September 30, 2000, from the funds indicated in this part. The following is a summary of the appropriations in this part:
TOTAL GENERAL GOVERNMENT
Full-time equated unclassified positions 42.0
Full-time equated classified positions 5,962.0
GROSS APPROPRIATION $ 2,444,872,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers | $ | 130,631,500 |
ADJUSTED GROSS APPROPRIATION | $ | 2,314,240,700 |
Federal revenues:
Total federal revenues 60,820,700
Special revenue funds:
Total local revenues 4,647,200
Total private revenues 2,231,900
Total other state restricted revenues 1,768,644,100
State general fund/general purpose $ 477,896,800
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 569.0
GROSS APPROPRIATION $ 55,132,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 8,686,800
ADJUSTED GROSS APPROPRIATION $ 46,445,500
Federal revenues:
Total federal revenues 6,401,700
Special revenue funds:
Total local revenues 0
Total private revenues 1,106,800
Total other state restricted revenues 6,858,200
State general fund/general purpose $ 32,078,800
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions 6.0
Full-time equated classified positions 569.0
Attorney general $ 124,900
Unclassified positions--5.0 FTE positions 444,500
Attorney general operations--550.5 FTE positions 52,712,000
Prosecuting attorneys coordinating council--18.5 FTE positions 1,550,900
PACC, training project 300,000
GROSS APPROPRIATION $ 55,132,300
Appropriated from:
Interdepartmental grant revenues:
IDG from FIA 1,691,500
IDG from MDCIS, financial and insurance services 94,100
IDG from MDCIS, health services 907,700
IDG from MDCIS, liquor purchase revolving fund 805,400
IDG from MDCIS, public utility assessments 1,531,000
IDG from MDSP, Michigan justice training fund 300,000
IDG from MDOT, Michigan transportation fund 2,475,200
IDG from MDOT, state aeronautics fund 114,900
IDG from Michigan gaming control board 767,000
Federal revenues:
DAG, state administrative match grant/food stamps 992,400
DED-OPSE, student loan, federal lender allowance 268,300
DOL-ETA, unemployment insurance 1,274,600
DOL-OSHA, occupational safety and health 249,400
EPA, multiple grants 343,500
Federal funds 419,600
HHS-OS, state Medicaid fraud control units 2,343,800
HHS, medical assistance, medigrant 510,100
Special revenue funds:
Private - accident fund company revenue 1,106,800
Antitrust enforcement collections 285,800
Auto repair facilities fees 178,400
Collections revenue 550,400
Corporate fees 58,500
Franchise fees 223,100
Game and fish protection fund 630,800
Low level radioactive waste management fund 230,500
Michigan state housing development authority fees 447,300
Michigan underground storage tank financial assurance fund 147,900
Mobile home commission fees 173,100
Oil and gas privilege fee revenue 131,900
Prisoner reimbursement 277,600
Prosecuting attorneys training fees 236,800
Retirement funds 570,900
Second injury fund 865,800
Securities fees 58,600
Self-insurers security fund 148,400
Silicosis and dust disease fund 442,100
State building authority revenue 74,800
State hospital authority 291,200
State lottery fund 190,100
Utility consumers fund 446,300
Waterways fund 76,600
Worker's compensation administrative revolving fund 121,300
State general fund/general purpose $ 32,078,800
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
Full-time equated unclassified positions 5.0
Full-time equated classified positions 166.5
GROSS APPROPRIATION $ 14,623,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 14,623,300
Federal revenues:
Total federal revenues 1,634,000
Special revenue funds:
Total local revenues 0
Total private revenues 0
Total other state restricted revenues 0
State general fund/general purpose $ 12,989,300
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions 5.0
Full-time equated classified positions 166.5
Commission (per diem $75.00) $ 16,200
Unclassified positions--5.0 FTE positions 333,100
Civil rights operations--166.5 FTE positions 14,274,000
GROSS APPROPRIATION $ 14,623,300
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency contracts 1,500,000
HUD, grant 134,000
State general fund/general purpose $ 12,989,300
Sec. 104. DEPARTMENT OF CIVIL SERVICE
(1) APPROPRIATION SUMMARY:
Full-time equated classified positions 230.5
GROSS APPROPRIATION $ 28,585,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 2,300,000
ADJUSTED GROSS APPROPRIATION $ 26,285,500
Federal revenues:
Total federal revenues 4,779,100
Special revenue funds:
Total local revenues 1,700,000
Total private revenues 150,000
Total other state restricted revenues 8,859,200
State general fund/general purpose $ 10,797,200
(2) CIVIL SERVICE OPERATIONS
Full-time equated classified positions 230.5
Civil service operations--230.5 FTE positions | $ | 28,585,500 |
GROSS APPROPRIATION | $ | 28,585,500 |
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges 1,000,000
IDG, 1% special funds 1,300,000
Federal revenues:
Federal funds 1% 4,779,100
Special revenue funds:
Local funds 1% 1,700,000
Private funds 1% 150,000
Data services revenue 8,100
Freedom of information fees 1,100
State sponsored group insurance 2,650,000
State restricted funds 1% 6,200,000
State general fund/general purpose $ 10,797,200
Sec. 105. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY:
Full-time equated unclassified positions 10.0
Full-time equated classified positions 75.0
GROSS APPROPRIATION $ 5,425,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 5,425,100
Federal revenues:
Total federal revenues 0
Special revenue funds:
Total local revenues 0
Total private revenues 0
Total other state restricted revenues 0
State general fund/general purpose $ 5,425,100
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions 10.0
Full-time equated classified positions 75.0
Governor $ 149,000
Lieutenant governor 100,300
Executive office--75.0 FTE positions 4,367,000
Unclassified positions--8.0 FTE positions 808,800
GROSS APPROPRIATION $ 5,425,100
Appropriated from:
State general fund/general purpose $ 5,425,100
Sec. 106. LEGISLATIVE AUDITOR GENERAL
(1) APPROPRIATION SUMMARY:
GROSS APPROPRIATION $ 14,343,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 1,527,100
ADJUSTED GROSS APPROPRIATION $ 12,816,300
Federal revenues:
Total federal revenues 0
Special revenue funds:
Total local revenues 0
Total private revenues 0
Total other state restricted revenues 293,800
State general fund/general purpose $ 12,522,500
(2) OFFICE OF THE AUDITOR GENERAL
Legislative auditor general $ 118,000
Unclassified positions 128,200
Field operations 14,097,200
GROSS APPROPRIATION $ 14,343,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCIS, liquor purchase revolving fund 79,300
IDG from MDCS 67,100
IDG from MDOT, comprehensive transportation fund 38,900
IDG from MDOT, Michigan transportation fund 101,800
IDG from MDOT, state aeronautics fund 15,400
IDG from MDOT, state trunkline fund 381,100
IDG, single audit act 843,500
Special revenue funds:
Construction lien fund 5,000
Contract audit administration fees 46,000
Correctional industries revolving fund 31,800
Game and fish protection fund 17,100
Marine safety fund 1,500
Michigan state housing development authority fees 40,000
Michigan veterans trust fund 14,100
Motor transport revolving fund 24,800
Office services revolving fund 33,200
Retirement funds 49,600
State employees' group insurance 26,200
Waterways fund 4,500
State general fund/general purpose $ 12,522,500
Sec. 107. LEGISLATURE
(1) APPROPRIATION SUMMARY:
GROSS APPROPRIATION $ 103,153,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 103,153,500
Federal revenues:
Total federal revenues 0
Special revenue funds:
Total local revenues 0
Total private revenues 400,000
Total other state restricted revenues 1,041,800
State general fund/general purpose $ 101,711,700
(2) LEGISLATURE
Senate $ 27,538,300
Senate automated data processing 2,221,500
Senate fiscal agency 3,252,800
House of representatives 38,247,700
House automated data processing 1,979,500
House fiscal agency 3,073,800
GROSS APPROPRIATION $ 76,313,600
Appropriated from:
State general fund/general purpose $ 76,313,600
(3) LEGISLATIVE COUNCIL
Legislative council $ 10,827,200
Legislative service bureau automated data processing 1,548,900
Legislative session integration system 900
Legislative corrections ombudsman 563,300
Worker's compensation 154,800
National association dues 396,100
GROSS APPROPRIATION $ 13,491,200
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues 400,000
State general fund/general purpose $ 13,091,200
(4) LEGISLATIVE RETIREMENT SYSTEM
General nonretirement expenses | $ | 4,298,900 |
GROSS APPROPRIATION | $ | 4,298,900 |
Appropriated from:
Special revenue funds:
Court fees 1,041,800
State general fund/general purpose $ 3,257,100
(5) PROPERTY MANAGEMENT
Capitol building $ 1,885,100
House of representatives office building 6,500,000
Farnum building 664,700
GROSS APPROPRIATION $ 9,049,800
Appropriated from:
State general fund/general purpose $ 9,049,800
Sec. 108. LIBRARY OF MICHIGAN
(1) APPROPRIATION SUMMARY:
GROSS APPROPRIATION $ 38,977,400
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 38,977,400
Federal revenues:
Total federal revenues 4,557,400
Special revenue funds:
Total local revenues 0
Total private revenues 75,000
Total other state restricted revenues 86,900
State general fund/general purpose $ 34,258,100
(2) LIBRARY OF MICHIGAN
Operations $ 8,117,600
Michigan library and historical center operations 2,787,600
Library automation 728,400
Statewide database access 650,000
Collected gifts and fees 161,900
State aid to libraries 14,350,700
Grant to the Detroit public library 5,871,600
Grand Rapids public library 406,400
Subregional state aid 554,300
Wayne county library for the blind & physically handicapped 49,200
Book distribution centers 313,500
Library services and technology act 4,557,400
Renaissance zone reimbursement 428,800
GROSS APPROPRIATION $ 38,977,400
Appropriated from:
Federal revenues:
Library services and technology act 4,557,400
Special revenue funds:
Private - gifts and bequests revenues 75,000
User fees 86,900
State general fund/general purpose $ 34,258,100
Sec. 109. DEPARTMENT OF MANAGEMENT AND BUDGET
(1) APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 944.0
GROSS APPROPRIATION $ 137,400,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 52,476,200
ADJUSTED GROSS APPROPRIATION $ 84,924,600
Federal revenues:
Total federal revenues 536,400
Special revenue funds:
Total local revenues 0
Total private revenues 0
Total other state restricted revenues 39,579,000
State general fund/general purpose $ 44,809,200
(2) MANAGEMENT AND BUDGET SERVICES
Full-time equated unclassified positions 6.0
Full-time equated classified positions 782.0
Unclassified positions--6.0 FTE positions $ 515,700
Departmentwide services--62.0 FTE positions 14,590,300
Statewide administrative services--253.0 FTE positions 24,414,500
Statewide support services--356.0 FTE positions 47,906,400
Michigan administrative information network--111.0 FTE positions 24,762,400
GROSS APPROPRIATION $ 112,189,300
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges 46,500,300
IDG from MDCH 235,000
IDG from MDOT, comprehensive transportation fund 38,600
IDG from MDOT, state aeronautics fund 18,200
IDG from MDOT, state trunkline fund 768,100
IDG from department of career development 100,000
IDG from user fees 3,561,000
Federal revenues:
Federal - MESA, administration fund 536,400
Special revenue funds:
Game and fish protection fund 190,800
Health management funds 1,195,400
Marine safety fund 14,100
MAIN user charges 5,142,200
Special revenue, internal service, and pension trust funds 6,501,400
State building authority revenue 435,200
State lottery fund 103,300
State sponsored group insurance, flexible spending accounts and COBRA 4,672,100
Waterways fund 46,200
State general fund/general purpose $ 42,131,000
(3) STATEWIDE APPROPRIATIONS
Professional development fund - MPES $ 105,000
Professional development fund - MSC 150,000
Professional development fund - UAW 900,000
Professional development fund - local 31-M 50,000
Professional development fund - nonexclusively represented employees 50,000
GROSS APPROPRIATION $ 1,255,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions 1,255,000
State general fund/general purpose $ 0
(4) SPECIAL PROGRAMS
Full-time equated classified positions 162.0
Building occupancy charges - property management services for executive/legislative
building occupancy 1,514,300
Retirement services--148.0 FTE positions 21,278,300
Office of children's ombudsman--14.0 FTE positions 1,163,900
GROSS APPROPRIATION $ 23,956,500
Appropriated from:
Special revenue funds:
Pension trust funds 21,278,300
State general fund/general purpose $ 2,678,200
Sec. 110. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 2,044.0
GROSS APPROPRIATION $ 181,515,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 56,830,800
ADJUSTED GROSS APPROPRIATION $ 124,684,500
Federal revenues:
Total federal revenues 3,112,100
Special revenue funds:
Total local revenues 0
Total private revenues 500,100
Total other state restricted revenues 60,983,300
State general fund/general purpose $ 60,089,000
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions 6.0
Full-time equated classified positions 26.2
Secretary of state $ 124,900
Unclassified positions--5.0 FTE positions 444,500
Operations--26.2 FTE positions 1,737,600
GROSS APPROPRIATION $ 2,307,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 483,700
Special revenue funds:
Auto repair facilities fees 48,600
Driver fees 78,800
Expedient service fees 40,500
Look-up fees 353,600
Parking ticket court fines 6,300
Personal identification card fees 9,600
Reinstatement fees - operator licenses 84,200
Vehicle theft prevention fees 27,800
State general fund/general purpose $ 1,173,900
(3) DEPARTMENT SERVICES
Full-time equated classified positions 374.0
Operations--164.8 FTE positions $ 18,447,200
Auto regulation--103.7 FTE positions 7,085,400
Data processing--99.0 FTE positions 23,239,800
Assigned claims assessments--6.5 FTE positions 600,600
GROSS APPROPRIATION $ 49,373,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 15,686,500
Federal revenues:
Temporary assistance for needy families 1,345,900
Special revenue funds:
Administrative order processing fees 10,400
Assigned claims assessments 600,600
Auto repair facilities fees 4,251,700
Child support clearance fees 45,700
Driver fees 1,076,500
Expedient service fees 664,400
Look-up fees 9,058,200
Marine safety fund 64,500
Off-road vehicle title fees 6,900
Parking ticket court fines 122,000
Personal identification card fees 97,000
Reinstatement fees - operator licenses 860,200
Scrap tire fund 59,200
Snowmobile registration fee revenue 15,500
Vehicle theft prevention fees 1,518,000
State general fund/general purpose $ 13,889,800
(4) REGULATORY SERVICES
Full-time equated classified positions 95.8
Operations--95.8 FTE positions | $ | 7,295,800 |
GROSS APPROPRIATION | $ | 7,295,800 |
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 2,004,800
Special revenue funds:
Auto repair facilities fees 57,400
Driver fees 520,100
Expedient service fees 25,900
Look-up fees 2,173,100
Parking ticket court fines 7,100
Personal identification card fees 35,400
Reinstatement fees - operator licenses 456,800
Vehicle theft prevention fees 95,400
State general fund/general purpose $ 1,919,800
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions 1,444.8
Branch operations--1,020.0 FTE positions $ 63,892,100
Central records--408.6 FTE positions 27,537,300
Commemorative license plates--16.2 FTE positions 9,353,300
Specialty license plates 2,215,000
Olympic center plate 75,700
Organ donor program 104,100
GROSS APPROPRIATION $ 103,177,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 35,936,600
Federal revenues:
Temporary assistance for needy families 366,300
Special revenue funds:
Private funds 100
Auto repair facilities fees 75,700
Child support clearance fees 331,500
Commercial driver training school fees 57,200
Driver fees 10,887,100
Expedient service fees 1,549,900
Look-up fees 15,259,800
Marine safety fund 907,400
Mobile home commission fees 376,600
Motorcycle safety fund 119,700
Off-road vehicle title fees 97,100
Olympic center training fund 75,700
Parking ticket court fines 1,312,800
Personal identification card fees 1,217,700
Reinstatement fees - operator licenses 1,846,800
Snowmobile registration fee revenue 265,600
Vehicle theft prevention fees 168,900
State general fund/general purpose $ 32,325,000
(6) ELECTION REGULATION
Full-time equated classified positions 28.5
Election administration and services--28.5 FTE positions $ 2,118,200
Fees to local units 69,800
Qualified voter file 1,154,300
GROSS APPROPRIATION $ 3,342,300
Appropriated from:
State general fund/general purpose $ 3,342,300
(7) HISTORICAL PROGRAM
Full-time equated classified positions 74.7
Historical administration and services--63.3 FTE positions $ 4,326,100
Federal programs--8.9 FTE positions 1,399,900
Mann house--0.5 FTE position 100,000
Lighthouse program--1.0 FTE position 150,000
Tax credit program--1.0 FTE position 70,000
Heritage publications 700,000
Private grants and gifts 400,000
GROSS APPROPRIATION $ 7,146,000
Appropriated from:
Federal revenues:
DOC-NOAA, coastal zone management administration 75,000
DOI-NHPRC 250,000
DOI-NPS, historic preservation grants-in-aid 924,900
Federal institute of museum and library services 150,000
Special revenue funds:
Private - grants and gifts 400,000
Private - Mann house trust fund 100,000
Heritage publication fund 700,000
State general fund/general purpose $ 4,546,100
(8) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges - property management services $ 1,493,700
Private rent 6,570,400
Worker's compensation 809,600
GROSS APPROPRIATION $ 8,873,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 2,719,200
Special revenue funds:
Auto repair facilities fees 174,300
Driver fees 536,200
Expedient service fees 16,000
Look-up fees 1,957,800
Parking ticket court fines 578,100
State general fund/general purpose $ 2,892,100
Sec. 111. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY:
Full-time equated unclassified positions 9.0
Full-time equated classified positions 1,933.0
GROSS APPROPRIATION $ 1,865,715,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 8,810,600
ADJUSTED GROSS APPROPRIATION $ 1,856,905,000
Federal revenues:
Total federal revenues 39,800,000
Special revenue funds:
Total local revenues 2,947,200
Total private revenues 0
Total other state restricted revenues 1,650,941,900
State general fund/general purpose $ 163,215,900
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions 9.0
Full-time equated classified positions 4.0
Unclassified positions--9.0 FTE positions $ 748,600
Multistate tax commission dues 111,700
Office of the director--4.0 FTE positions 426,800
GROSS APPROPRIATION $ 1,287,100
Appropriated from:
Special revenue funds:
State lottery fund 109,700
State services fee fund 117,600
State general fund/general purpose $ 1,059,800
(3) DEPARTMENTWIDE APPROPRIATIONS
Rent $ 570,400
Travel 1,815,900
Building occupancy charges - property management services 2,398,300
Worker's compensation insurance premium 486,800
GROSS APPROPRIATION $ 5,271,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, state aeronautics fund 2,700
IDG, state agency collection fees 17,900
Special revenue funds:
Local - audit charges 80,600
Local - equalization study charge-backs 16,300
Delinquent property tax administration fund 127,000
Delinquent tax collection revenue 2,833,300
Municipal finance fees 11,200
Treasury fees 18,900
Waterways fund 2,300
State general fund/general purpose $ 2,161,200
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions 98.0
Supervision of the general property tax law--49.0 FTE positions $ 4,147,700
Property tax assessor training--4.0 FTE positions 346,400
Local property tax services--16.5 FTE positions 1,739,800
Local finance--28.5 FTE positions 2,215,400
State audits of counties 60,000
Pari-mutuel audits 240,000
GROSS APPROPRIATION $ 8,749,300
Appropriated from:
Special revenue funds:
Local - assessor training fees 346,400
Local - audit charges 988,300
Local - equalization study charge-backs 200,500
Local - revenue from local government 615,100
Delinquent property tax administration fund 4,739,800
Municipal finance fees 243,300
State general fund/general purpose $ 1,615,900
(5) TAX PROGRAMS
Full-time equated classified positions 761.5
Administration--229.0 FTE positions $ 17,347,000
Enforcement--524.5 FTE positions 32,758,100
Technology investment plan 5,000,000
Home heating assistance 1,600,000
Senior prescription drug credit processing 182,500
Michigan underground storage tank assurance fund--4.0 FTE positions 199,000
Tobacco tax collection--4.0 FTE positions 200,000
Joint federal/state motor fuel compliance project 100,000
Bottle bill implementation 250,000
New hire reporting 1,545,000
FARSTAR tax audit system 4,242,400
GROSS APPROPRIATION $ 63,424,000
Appropriated from:
Interdepartmental grant revenues:
IDG, data/collection services fees 250,900
IDG from FIA 1,545,000
IDG from MDCH 200,000
IDG from MDOT, state aeronautics fund 38,000
Federal revenues:
DOT-FHA, intermodal surface transportation efficiency act 410,000
HHS-SSA, low income energy assistance 1,600,000
Special revenue funds:
Bottle deposit fund 250,000
Delinquent tax collection revenue 36,400,500
Escheats revenue 298,200
Michigan pharmaceutical 182,500
Michigan underground storage tank financial assurance revenue 199,000
Tobacco tax revenue 325,000
Waterways fund 49,400
State general fund/general purpose $ 21,675,500
(6) MANAGEMENT PROGRAMS
Full-time equated classified positions 520.5
Department services--338.5 FTE positions $ 21,215,800
Information technology services--171.0 FTE positions 11,999,400
Receipt, warrant and cash processing 3,736,300
Fiscal agent--3.0 FTE positions 136,700
Child support order offsets--8.0 FTE positions 501,300
GROSS APPROPRIATION $ 37,589,500
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees 136,700
IDG from FIA, title IV D 471,700
IDG from MDOT, state aeronautics fund 16,200
IDG, levy/warrant cost assessment fees 1,481,200
IDG, receipt, warrant and cash processing fees 3,736,300
IDG, state agency collection fees 421,500
IDG, user services 492,500
Special revenue funds:
Children's trust fund 6,400
Delinquent property tax administration fund 17,300
Delinquent tax collection revenue 13,637,100
Garnishment fees 391,100
Treasury fees 150,800
Waterways fund 17,100
State general fund/general purpose $ 16,613,600
(7) FINANCIAL PROGRAMS
Full-time equated classified positions 289.0
Retirement investments--86.5 FTE positions $ 8,803,800
Common cash investments and debt management--10.5 FTE positions 780,900
Student financial assistance programs--174.5 FTE positions 39,441,400
Deferred compensation/defined contribution--17.5 FTE positions 2,972,100
Health insurance reserve fund payment 573,600
Michigan merit award commission 2,000,000
GROSS APPROPRIATION $ 54,571,800
Appropriated from:
Federal revenues:
DED-OPSE, federal lenders allowance 11,487,900
DED-OPSE, higher education act of 1965, insured loans 26,302,100
Special revenue funds:
College work study 46,300
Deferred compensation 2,774,800
Michigan merit award trust fund 2,000,000
MI-CASHE fees 357,400
Retirement funds 8,803,800
School bond fees 330,200
Treasury fees 270,800
State general fund/general purpose $ 2,198,500
(8) DEBT SERVICE
Water pollution control bond and interest redemption $ 4,065,000
School bond loan 23,615,000
Quality of life bond 66,437,500
GROSS APPROPRIATION $ 94,117,500
Appropriated from:
Special revenue funds:
Local - school bond loan repayments by school districts 700,000
State general fund/general purpose $ 93,417,500
(9) GRANTS
Grants to counties in lieu of taxes $ 10,000
Convention facility development distribution 40,000,000
Michigan education trust fund challenge grants 50,000
Senior citizen cooperative housing tax exemption program 13,700,600
Constitutional state general revenue sharing grants 607,230,000
Statutory state general revenue sharing grants 855,270,000
Special census revenue sharing payments 6,500,000
Health and safety fund grants 23,175,000
City of Benton Harbor - enterprise zone 213,200
Tax increment finance authority payments 4,000,100
GROSS APPROPRIATION $ 1,550,148,900
Appropriated from:
Special revenue funds:
Convention facility development fund 40,000,000
Sales tax 1,462,500,000
Health and safety fund 23,175,000
State general fund/general purpose $ 24,473,900
(10) STATE LOTTERY
Full-time equated classified positions 202.0
Lottery operations--164.0 FTE positions $ 12,917,300
Promotion and advertising 18,372,000
Lottery data processing--38.0 FTE positions 4,862,800
GROSS APPROPRIATION $ 36,152,100
Appropriated from:
Special revenue funds:
State lottery fund 36,152,100
State general fund/general purpose $ 0
(11) CASINO GAMING
Full-time equated classified positions 58.0
Michigan gaming control board $ 500,000
Casino gaming control administration--58.0 FTE positions 13,904,000
GROSS APPROPRIATION $ 14,404,000
Appropriated from:
Special revenue funds:
Casino gambling agreements 383,500
State services fee fund 14,020,500
State general fund/general purpose $ 0".
2. Amend page 32, line 4, by striking out all of section 201 and inserting:
"Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under part 1 for fiscal year 1999-2000 is $2,246,540,900.00 and state appropriations to be paid to local units of government are as follows:
LEGISLATIVE BRANCH - LIBRARY OF MICHIGAN
State aid to libraries $ 14,350,700
Detroit public library 5,871,600
Grand Rapids public library 406,400
Subregional state aid 554,300
Wayne County library for the blind and physically handicapped 49,200
Renaissance zone reimbursement 428,800
Subtotal $ 21,661,000
DEPARTMENT OF STATE
Fees to local units | $ | 69,800 |
Subtotal | $ | 69,800 |
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption $ 13,700,600
Grants to counties in lieu of taxes 10,000
Health and safety fund grants 23,175,000
City of Benton Harbor enterprise zone 213,200
Constitutional state general revenue sharing grants 607,230,000
Statutory state general revenue sharing grants 855,270,000
Special census revenue sharing payments 6,500,000
Convention facility development fund distribution 40,000,000
Tax increment finance authority payments 4,000,100
Subtotal | $ | 1,550,098,900 |
TOTAL GENERAL GOVERNMENT | $ | 1,571,829,700 |
(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended for any quarter under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies.
(3) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1999-2000 is estimated at $23,731,359,500.00 in the 1999-2000 appropriations acts and state spending from state sources paid to local units of government for fiscal year 1999-2000 is estimated at $14,502,800,700.00. The state-local proportion is estimated at 61.1% of total state spending from state resources.
(4) If payments to local units of government and state spending from state sources for fiscal year 1999-2000 are different than the amounts estimated in subsection (3), the state budget director shall report the payments to local units of government and state spending from state sources that were made for fiscal year 1999-2000 to the senate and house of representatives standing committees on appropriations within 30 days after the final bookclosing for fiscal year 1999-2000.".
3. Amend page 37, line 24, by striking out all of section 209 and inserting:
"Sec. 209. (1) The departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues, quarterly reports on the department's or agency's efforts to change the department's or agency's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's or agency's approved work plan for these efforts.
(2) Beginning with the report on April 1, 2000, the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues, quarterly reports identifying, for the immediately preceding quarter, significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of significant impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor-supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.
(3) The departments of attorney general, civil rights, civil service, management and budget, state, and treasury, and the executive office may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond, and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the departments and agencies shall identify the funding sources that should support the work performed, and the department of management and budget shall forward the appropriate funding.".
4. Amend page 39, line 21, after "agencies" by striking out the balance of the section and inserting "within 30 months.".
5. Amend page 39, line 22, by striking out all of section 212 and inserting:
"Sec. 212. Pursuant to section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, that provides for a transfer of state general fund into the countercyclical budget and economic stabilization fund, there is appropriated into the countercyclical budget and economic stabilization fund the sum of $37,100,000.00 determined as follows:
1998 1999
Michigan personal income (millions) | $253,841 | $264,908 |
less: transfer payments | 39,655 | 40,805 |
Subtotal | 214,186 | 224,103 |
Divided by: Detroit CPI for 12 months
Ending June 30 (1982=1.00) | 1,582 | 1,616 |
Equals: Real adjusted Michigan personal income | $135,389 | $138,686 |
Percentage change 2.4%
Percentage change in excess of 2% 0.4%
Multiplied by: estimated GF/GP revenue in FY 1998-99 (millions) 9,266.9
Equals: countercyclical budget and economic stabilization fund requirements
for the fiscal year ending September 30, 2000. $37.1".
6. Amend page 41, line 12, by striking out all of section 216.
7. Amend page 53, line 4, by striking out all of section 631.
8. Amend page 61, line 5, by striking out all of sections 716 and 717 and inserting:
"Sec. 716. The department of management and budget shall maintain an Internet website that contains notice of all invitations for bids and requests for proposals over $50,000.00 issued by the department or by any state agency operating under delegated authority. The department shall not accept an invitation for bid or request for proposal less than 14 days after the notice was made available on the Internet website, except in situations where it would be in the best interest of the state and documented by the department. In addition to the requirements of this section, the department may advertise the invitations for bids and requests for proposals in any manner the department determines appropriate, in order to give the greatest number of individuals and businesses the opportunity to make bids or requests for proposals.".
9. Amend page 70, line 25, by striking out all of sections 821 and 822.
10. Amend page 73, line 26, after "funds'" by striking out "international".
11. Amend page 73, line 27, after "portfolios." by inserting "The state treasurer shall report annually to the senate and house of representatives standing committees on appropriations concerning the performance of each portfolio by investment advisor.".
12. Amend page 87, line 6, by striking out all of section 935.
13. Amend page 90, line 14, by striking out all of section 1101 and inserting:
"Sec. 1101. Pursuant to section 18 of article V of the state constitution of 1963, fund balances and estimates are presented in the following statement:
BUDGET RECOMMENDATIONS BY OPERATING FUNDS
(Amounts in millions)
Fiscal Year 1999-2000
Beginning
Fund Unreserved
# Fund Estimated Ending
Balance Revenue Balance
Operating Fund
General 0110 0.0 20,076.4 0.0
Special Revenue Funds:
Counter-cyclical budget and economic stabilization | 0111 | 1,040.1 | 96.3 | 1,104.4 | |
Game and fish protection | 0112 | 9.2 | 47.1 | 8.2 | |
Michigan employment security act administration | 0113 | 0.0 | 149.7 | 0.0 | |
State aeronautics | 0114 | 3.7 | 90.1 | 0.0 | |
Michigan veterans' benefit trust | 0115 | 0.0 | 0.4 | 0.0 | |
State trunkline | 0116 | 5.0 | 1,581.6 | 0.0 | |
Michigan state waterways | 0117 | 16.1 | 22.1 | 6.4 | |
Blue water bridge | 0118 | 1.4 | 11.0 | 0.0 | |
Michigan transportation | 0119 | 0.0 | 1,844.6 | 0.0 Comprehensive transportation | |
0120 | 0.0 | 247.4 | 0.0 | ||
School aid | 0122 | 433.8 | 10,549.8 | 495.5 | |
Marine safety | 0123 | 3.4 | 4.8 | 2.2 | |
Game and fish protection trust | 0124 | 0.0 | 9.2 | 0.0 | |
State park improvement | 0125 | 10.1 | 28.2 | 13.9 | |
Forest development | 0126 | 3.4 | 20.8 | 0.0 | |
Michigan civilian conservation corps endowment | 0128 | 1.9 | 1.2 | 1.8 | |
Michigan natural resources trust | 0129 | 0.0 | 37.7 | 0.0 | |
Michigan state parks endowment | 0130 | 0.0 | 15.5 | 5.4 | |
Safety education and training | 0131 | 2.9 | 5.5 | 2.2 | |
Uninsured employers' security | 0135 | 0.0 | 1.4 | 0.0 | |
Bottle deposit | 0136 | 20.0 | 16.1 | 5.0 | |
School bond loan | 0137 | 46.0 | 130.0 | 109.3 | |
State construction code | 0138 | 6.2 | 9.0 | 4.8 | |
Children's trust | 0139 | 0.3 | 4.7 | 0.1 | |
Homeowner construction lien recovery | 0141 | 1.6 | 0.3 | 0.5 | |
Michigan nongame fish and wildlife | 0143 | 0.7 | 0.9 | 0.9 | |
Michigan underground storage tank finance assurance | 0160 | 0.0 | 65.8 | 0.0 | |
State building authority | 0165 | 0.0 | 0.4 | 0.0 | |
Total | $1,605.8 | $35,068.0 | $1,760.6". |
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2000; 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 transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2000; 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.
John J.H. Schwarz, M.D.
Glenn Steil
Joe Young, Jr.
Conferees for the Senate
John Pappageorge
Lynne Martinez
Conferees for the House
The Speaker announced that under Joint Rule 9 the second conference report would lie over one day.
Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.
The motion prevailed.
The question being on the adoption of the second conference report,
The second conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 792 Yeas--103
Allen | Faunce | Kuipers | Rivet |
Baird | Frank | Kukuk | Sanborn |
Basham | Garcia | LaSata | Schauer |
Birkholz | Garza | Law | Schermesser |
Bisbee | Geiger | Lockwood | Scott |
Bishop | Gieleghem | Mans | Scranton |
Bogardus | Gilbert | Martinez | Shackleton |
Bovin | Godchaux | Mead | Sheltrown |
Bradstreet | Green | Middaugh | Shulman |
Brater | Hager | Minore | Spade |
Brewer | Hale | Mortimer | Stallworth |
Brown, B. | Hanley | Neumann | Stamas |
Brown, C. | Hansen | O'Neil | Switalski |
Byl | Hardman | Pappageorge | Tabor |
Callahan | Hart | Patterson | Tesanovich |
Caul | Howell | Perricone | Thomas |
Cherry | Jacobs | Pestka | Toy |
Clark, I. | Jamnick | Price | Van Woerkom |
Clarke, H. | Jansen | Prusi | Vander Roest |
Daniels | Jelinek | Pumford | Vaughn |
DeHart | Jellema | Quarles | Vear |
Dennis | Johnson, Rick | Raczkowski | Voorhees |
DeRossett | Julian | Reeves | Wojno |
DeVuyst | Kelly | Richardville | Woodward |
DeWeese | Koetje | Richner | Woronchak |
Ehardt | Kowall | Rison |
Nays--3
Gosselin LaForge Rocca
In The Chair: Birkholz
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Gosselin, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
Two studies were released last month by the Washington-based Cato Institute. The one showing that increased speed limits do not cause increased fatalities has received a lot of press. But the second study has more important implications for what we're doing here today.
Cato compared the 'revenue windfalls' which have come to the 50 states since 1992 due to economic growth. Michigan's total tax revenue was $11.2 billion in 1992, and $21.2 billion in 1998. If revenue had increased at the same rate as inflation and population growth, the 1998 figure would have been $13.5 billion, instead of $21.2 billion. In other words we took in $7.7 billion additional total tax revenue due to economic growth. This amounts to $787 more taxes from every man, woman, and child in the state.
'We're Number One' is a popular chant at sporting events. Sadly, it also describes Michigan's rank among states taking more in taxes from citizens. Compared to our $787 per capita additional take due to economic growth, the national average is $278.
These numbers do not include the $600 million overcharge (a.k.a. 'Surplus') this year and projected $500 million overcharge next year. A good sized chunk of next year 's overcharge is being appropriated in these budget conference reports. This bipartisan willingness to spend the extra tax revenue rather than return it to those who earned it is why we're number one in increased tax take.
What does all this mean? It means government is growing in Michigan. That we're not cutting taxes fast enough, and instead spending the extra money.
This is wrong. I was not sent to Lansing by the citizens of the 42nd district to grow government, but that's what this budget does. We should give it back."
Associate Speaker Pro Tempore Scranton resumed the Chair.
Senate Bill No. 364, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various 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:
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 364, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
Recommends:
First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:
1. Amend page 1, line 1, by striking out all of part 1 and inserting:
"PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of environmental quality for the fiscal year ending September 30, 2000, from the funds indicated in this part. The following is a summary of the appropriations in this part:
DEPARTMENT OF ENVIRONMENTAL QUALITY
Full-time equated classified positions 1,609.7
GROSS APPROPRIATION $ 393,988,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 16,778,700
ADJUSTED GROSS APPROPRIATION $ 377,209,900
Federal revenues:
Total federal revenues 126,831,500
Special revenue funds:
Total local revenues 1,195,600
Total private revenues 333,700
Total other state restricted revenues 152,602,700
State general fund/general purpose $ 96,246,400
OPERATIONS APPROPRIATIONS SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 1,607.7
GROSS APPROPRIATION $ 393,848,000
Interdepartmental grant revenues:
IDG from MDOT-Michigan transportation fund 813,000
IDG - MSP 609,400
IDG - MDCH 9,590,500
IDT-interdivisional charges 5,765,800
Total interdepartmental grants and intradepartmental transfers 16,778,700
ADJUSTED GROSS APPROPRIATION $ 377,069,300
Federal revenues:
DOC-federal 3,047,700
DOD-federal 850,600
DOI-federal 456,300
EPA-federal 22,140,600
EPA-GWDW 3,715,600
EPA, superfund 8,428,800
EPA, UST 267,600
EPA, LUST trust 2,467,400
FEMA-federal 456,900
Federal revenues 85,000,000
Total federal revenues 126,831,500
Special revenue funds:
Local funds 1,195,600
Total local revenues 1,195,600
Private funds 333,700
Total private revenues 333,700
Aboveground storage tank fees 687,500
Act 64 revenues 1,000,000
Act 641 forfeited revenues (solid waste revenue) 1,000,000
Air emissions fees 11,181,300
CESARS service fee 24,200
Cleanup and redevelopment fund 8,200,000
Drinking water revolving fund 5,829,400
Environmental response fund 9,089,200
Environmental education fund 172,100
Environmental pollution prevention fund 1,019,700
Environmental protection fund 6,000,000
Environmental training revenue 273,900
Fees and collections 723,600
Great Lakes protection fund 1,000,000
Hazardous materials transportation permit fund 114,300
Land and water permit fees 2,822,900
Landfill maintenance trust fund 46,500
Medical waste fees 397,000
Metallic mining surveillance fee revenue 62,900
Mineral well regulatory fee revenue 400,200
Michigan underground storage tank financial assurance fund 62,194,900
Oil and gas privilege fee revenue 9,115,000
Orphan well fund 1,308,000
Publication revenue 100,000
Public utility assessments 761,300
Public water supply fees 3,998,100
Revitalization revolving loan fund 1,000,000
Settlement funds 3,383,200
Sand extraction fee revenue 177,800
Scrap tire regulatory fund 1,607,000
Septage waste license fees 200,000
Sewage sludge land application fee 682,300
Solid waste program fees 1,165,200
Stormwater permit fees 1,269,800
Underground storage tank fees 6,441,900
Water analysis fees 2,268,700
Waste reduction fee revenue 3,565,200
Water pollution control revolving fund 3,108,000
Wastewater operator training fees 155,800
Water use reporting fees 55,800
Total other state restricted revenues 152,602,700
State general fund/general purpose $ 96,105,800
Sec. 102. EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 11.0
Unclassified salaries $ 454,200
Executive direction--7.0 FTE positions 1,033,300
Office of the Great Lakes--4.0 FTE positions 767,000
GROSS APPROPRIATION $ 2,254,500
Appropriated from:
Federal revenues:
EPA-federal 223,200
DOI-federal 51,300
Special revenue funds:
Environmental response fund 40,600
Environmental education fund 172,100
Oil and gas regulatory fund 84,300
Settlement funds 208,400
State general fund/general purpose $ 1,474,600
Sec. 103. FINANCIAL AND BUSINESS SERVICES
Full-time equated classified positions 77.0
Financial support services--27.0 FTE positions $ 1,497,400
Field operations support--20.0 FTE positions 1,380,900
Automated data processing--8.0 FTE positions 5,916,800
Office of special environmental projects--6.0 FTE positions 571,800
Personnel--12.0 FTE positions 756,100
Administrative hearings--4.0 FTE positions 386,200
GROSS APPROPRIATION $ 10,509,200
Appropriated from:
IDT-interdivisional charges 5,765,800
Federal revenues:
DOD, federal 15,000
EPA, superfund 56,400
Special revenue funds:
Aboveground storage tank fee revenue 22,900
Environmental response fund 766,800
Land and water permit fees 31,800
Michigan underground storage tank financial assurance fund 164,200
Oil and gas regulatory fund 413,900
Public water supply fees 156,500
Scrap tire regulatory fund 31,700
Settlement funds 183,900
State general fund/general purpose $ 2,900,300
Sec. 104. DEPARTMENTAL OPERATION SUPPORT
Building occupancy charges $ 2,210,600
Rent-privately owned property 4,691,700
Publications 100,000
GROSS APPROPRIATION $ 7,002,300
Appropriated from:
Special revenue funds:
Air emissions fees 341,200
Environmental pollution prevention fund 37,900
Environmental response fund 417,400
Fees and collections 52,700
Land and water permit fees 62,600
Medical waste fees 18,600
Michigan underground storage tank financial assurance fund 132,300
Oil and gas regulatory fund 269,300
Publication revenue 100,000
Public utility assessments 11,300
Public water supply fees 167,000
Stormwater permit fees 43,300
Solid waste program fees 41,900
Scrap tire regulatory fund 35,000
Waste reduction revenue 52,000
Water analysis fees 92,900
Water pollution control revolving fund 79,400
Water use reporting fees 4,200
Underground storage tank fees 177,400
State general fund/general purpose $ 4,865,900
Sec. 105. GEOLOGICAL SURVEY
Full-time equated classified positions 89.5
Services to oil and gas programs--80.0 FTE positions $ 8,415,800
Well plugging - orphan wells--2.5 FTE positions 1,308,000
Coal and sand dune management--3.0 FTE positions 582,800
Mineral wells management--3.0 FTE positions 400,200
Metallic mining reclamation program--1.0 FTE position 62,900
GROSS APPROPRIATION $ 10,769,700
Appropriated from:
Federal revenues:
DOI-federal 405,000
Special revenue funds:
Environmental response fund 71,200
Metallic mining surveillance fee revenue 62,900
Mineral well regulatory fee revenue 400,200
Orphan well fund 1,308,000
Oil and gas regulatory fund 8,219,100
Sand extraction fee revenue 177,800
State general fund/general purpose $ 125,500
Sec. 106. LAND AND WATER MANAGEMENT
Full-time equated classified positions 147.0
Land and water administration--14.0 FTE positions | $ | 1,229,800 |
Field permitting and project assistance--77.0 FTE positions | 6,276,700 |
Dam safety, erosion control, and clean lakes--26.0 FTE positions 2,284,500
Great Lakes shorelands--30.0 FTE positions 3,162,900
GROSS APPROPRIATION $ 12,953,900
Appropriated from:
Interdepartmental grant revenues:
IDG-Michigan transportation fund 813,000
Federal revenues:
EPA-federal 681,800
DOC-federal 1,547,700
FEMA-federal 246,900
Special revenue funds:
Local funds 148,700
Land and water permit fees 2,728,500
State general fund/general purpose $ 6,787,300
Sec. 107. AIR QUALITY
Full-time equated classified positions 221.5
Air quality programs--57.0 FTE positions $ 4,893,800
Clean air act implementation--164.5 FTE positions 13,149,100
GROSS APPROPRIATION $ 18,042,900
Appropriated from:
Federal revenues:
EPA-federal 3,243,900
Special revenue funds:
Air emissions fees 8,562,400
Environmental response fund 82,200
State general fund/general purpose $ 6,154,400
Sec. 108. SURFACE WATER QUALITY
Full-time equated classified positions 207.5
Surface water compliance program--75.0 FTE positions $ 6,156,500
Surface water permits program--35.0 FTE positions 3,177,100
Surface water surveillance program--65.5 FTE positions 7,115,500
State and local water quality management planning--8.0 FTE positions 1,641,500
Fish contaminant monitoring contracts 321,000
Sewage sludge land application program--9.5 FTE positions 682,300
Stormwater discharge program--14.5 FTE positions 1,152,900
GROSS APPROPRIATION $ 20,246,800
Appropriated from:
Federal revenues:
EPA-federal 7,172,300
Special revenue funds:
Local funds 1,046,900
CESARS service fee 24,200
Environmental response fund 136,000
State water pollution control revolving fund 554,100
Stormwater permit fees 1,146,500
Sewage sludge land application fee 682,300
State general fund/general purpose $ 9,484,500
Sec. 109. DRINKING WATER PROTECTION & RADIOLOGICAL HEALTH
Full-time equated classified positions 199.7
Environmental health--31.0 FTE positions $ 3,502,300
Laboratory services administration--69.0 FTE positions 5,951,700
Drinking water--81.2 FTE positions 11,713,800
Radiological protection--18.5 FTE positions 1,544,500
GROSS APPROPRIATION $ 22,712,300
Appropriated from:
Interdepartmental grant revenues
IDG-MSP 609,400
Federal revenues:
EPA-federal 1,003,700
EPA-GWDW 3,556,000
Special revenue funds:
Drinking water revolving fund 3,280,700
Medical waste fees 378,400
Public water supply fees 2,274,600
Settlement funds 283,100
Water analysis fees 2,175,800
Water use reporting fees 51,600
Fees and collections 670,900
State general fund/general purpose $ 8,428,100
Sec. 110. LOW-LEVEL RADIOACTIVE WASTE AUTHORITY
Full-time equated classified positions 2.0
Low-level radioactive waste authority--2.0 FTE positions | $ | 750,000 |
GROSS APPROPRIATION | $ | 750,000 |
Appropriated from:
Special revenue funds:
Public utility assessments 750,000
State general fund/general purpose $ 0
Sec. 111. ENVIRONMENTAL RESPONSE
Full-time equated classified positions 263.0
Environmental cleanup and redevelopment program $ 16,352,600
Contaminated site investigations, cleanup, and revitalization--211.0 FTE positions 15,527,100
State cleanup (Part 201 of 1994 PA 451) 3,397,700
Emergency cleanup actions 2,000,000
Federal cleanup project management--52.0 FTE positions 5,112,100
Revitalization revolving loan program 7,000,000
Superfund cleanup 7,250,000
GROSS APPROPRIATION $ 56,639,500
Appropriated from:
Federal revenues:
DOD-federal 835,600
EPA-federal 1,411,000
EPA, superfund 8,372,400
Special revenue funds:
Private funds 133,700
Cleanup and redevelopment fund 5,234,000
Environmental response fund 6,531,600
Environmental protection fund 6,000,000
Landfill maintenance trust fund 46,500
Revitalization revolving loan fund 1,000,000
Settlement funds 2,640,700
State general fund/general purpose $ 24,434,000
Sec. 112. STORAGE TANKS
Full-time equated classified positions 120.5
MI underground storage tank financial assurance program--36.5 FTE positions $ 61,794,300
Underground storage tank program--45.0 FTE positions 6,534,100
Above ground storage tank program--9.0 FTE positions 664,600
Leaking underground storage tank cleanup program 5,966,000
Emergency cleanup actions 2,000,000
Leaking underground storage tank program--30.0 FTE positions 4,310,800
GROSS APPROPRIATION $ 81,269,800
Appropriated from:
Federal revenues:
EPA, LUST trust 2,467,400
EPA, UST 267,600
Special revenue funds:
Aboveground storage tank fees 664,600
Cleanup and redevelopment fund 2,966,000
Environmental response fund 1,043,400
Michigan underground storage tank financial assurance fund 61,794,300
Underground storage tank fees 6,264,500
State general fund/general purpose $ 5,802,000
Sec. 113. WASTE MANAGEMENT
Full-time equated classified positions 148.0
Administration and technical support--20.0 FTE positions $ 1,488,900
Compliance and enforcement--75.0 FTE positions 4,548,300
Hazardous waste permits--25.0 FTE positions 1,936,700
Groundwater permits--17.0 FTE positions 1,307,900
Solid waste program--11.0 FTE positions 1,263,700
Hazardous waste program support 605,000
Hazardous waste disposal facility closures 1,000,000
Solid waste disposal facility closures 1,000,000
GROSS APPROPRIATION $ 13,150,500
Appropriated from:
Federal revenues:
EPA-federal 2,903,000
Special revenue funds:
Hazardous waste facility closure revenue 1,000,000
Hazardous materials transportation permit fund 114,300
Solid waste facility closure revenue 1,000,000
Environmental pollution prevention fund 981,800
Scrap tire regulatory fund 886,300
Solid waste program fees 1,123,300
State general fund/general purpose $ 5,141,800
Sec. 114. ENVIRONMENTAL ASSISTANCE DIVISION
Full-time equated classified positions 101.0
Municipal assistance--39.5 FTE positions $ 3,192,400
Pollution prevention--29.0 FTE positions 2,562,600
Low-income community wastewater assistance 90,000
Environmental services--12.0 FTE positions 1,559,500
Pollution prevention outreach 200,000
Technical assistance--20.5 FTE positions 2,519,500
GROSS APPROPRIATION $ 10,124,000
Appropriated from:
Federal revenues:
EPA-federal 783,300
EPA-GWDW 159,600
Special revenue funds:
Private funds 200,000
Air emissions fees 612,900
Settlement funds 67,100
Drinking water revolving fund 1,218,700
Environmental training revenue 273,900
State water pollution control revolving fund 2,474,500
Stormwater permit fees 80,000
Waste reduction fee revenue 3,513,200
Wastewater operator training fees 155,800
State general fund/general purpose $ 585,000
Sec. 115. CRIMINAL INVESTIGATIONS
Full-time equated classified positions 21.0
Environmental investigations--21.0 FTE positions | $ | 1,748,700 |
GROSS APPROPRIATION | $ | 1,748,700 |
Appropriated from:
Federal revenues:
EPA-federal 128,400
Special revenue funds:
MUSTFA fund 104,100
Oil and gas regulatory fund 128,400
Scrap tire regulatory fund 54,000
State general fund/general purpose $ 1,333,800
Sec. 116. GRANTS
Grants to counties--air pollution | $ | 2,854,900 |
Water pollution control and drinking water revolving fund | 102,353,500 |
Noncommunity water grants 1,400,000
Land resource program grants 1,800,000
Federal - nonpoint source water pollution grants 3,500,000
Federal - Great Lakes remedial action plan grants 700,000
Great Lakes research and protection grants 1,000,000
Radon grants 135,000
Septage waste compliance grants 200,000
Scrap tire grants 600,000
Drinking water revolving fund implementation 1,330,000
Local health department operations 9,590,500
GIS floodplain mapping 210,000
GROSS APPROPRIATION $ 125,673,900
Appropriated from:
IDG-MDCH-local public health operations 9,590,500
Federal revenues:
DOC-federal 1,500,000
EPA-federal 4,590,000
FEMA-federal 210,000
Federal revenues 85,000,000
Special revenue funds:
Air emissions fees 1,664,800
Drinking water revolving fund 1,330,000
Great Lakes protection fund 1,000,000
Public water supply fees 1,400,000
Scrap tire regulatory fund 600,000
Septage waste license fees 200,000
State general fund/general purpose $ 18,588,600
Sec. 117. BOND ADMINISTRATION SUMMARY
Full-time equated classified positions 2.0
GROSS APPROPRIATION | $ | 140,600 |
ADJUSTED GROSS APPROPRIATION | $ | 140,600 |
Special revenue funds:
State general fund/general purpose $ 140,600
Sec. 118. BOND WASTE MANAGEMENT
Full-time equated classified positions 2.0
Solid waste implementation staff--2.0 FTE positions | $ | 140,600 |
GROSS APPROPRIATION | $ | 140,600 |
Appropriated from:
Special revenue funds:
State general fund/general purpose $ 140,600".
2. Amend page 17, line 19, by striking out all of section 201 and inserting:
"Sec. 201. (1) In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending in this appropriation act is $248,849,100.00 and state appropriations to be paid to local units of government for fiscal year 1999-2000 are estimated at $6,619,900.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF ENVIRONMENTAL QUALITY
GRANTS
Grants to counties - air pollution $ 2,854,900
Septage waste compliance program 200,000
Scrap tire grants 600,000
Noncommunity water grants 1,400,000
Radon grants 135,000
Dam safety, erosion control, clean lakes 100,000
Drinking water grants 1,330,000
TOTAL $ 6,619,900
(2) If it appears to the principal executive officer of each department that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the department of management and budget, the senate and house of representatives appropriations committees, and the senate and house fiscal agencies.".
3. Amend page 23, line 16, after "appropriations." by striking out the balance of the section.
4. Amend page 24, line 7, by striking out all of section 212 and inserting:
"Sec. 212. The department shall implement a pilot program that places reports required by this act on the Internet, with electronic notification to legislative offices of Internet access to the reports. During fiscal year 2000, the department shall continue to distribute all of these reports to the legislature in the current printed format.".
5. Amend page 25, line 9, after "agencies" by striking out the balance of the section and inserting "within 30 months.".
6. Amend page 25, line 10, by striking out all of section 216.
7. Amend page 26, line 22, by striking out all of section 220 and inserting:
"Sec. 220. The department shall provide a report prepared by the department's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report shall be due March 1, 2000, and biennially thereafter beginning on May 1 and shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the director.".
8. Amend page 27, line 9, by striking out all of section 221 and inserting:
"Sec. 221. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.".
9. Amend page 27, line 19, by striking out all of section 224.
10. Amend page 28, line 14, after "shall" by striking out "prepare," and inserting "cooperate".
11. Amend page 28, line 15, after "resources" by striking out the comma and inserting "in developing".
12. Amend page 28, line 23, by striking out all of section 227 and inserting:
"Sec. 227. (1) The department shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues quarterly reports on the department's efforts to change the department's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's approved work plan for these efforts.
(2) Beginning with the report on April 1, 2000, the department shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues quarterly reports identifying for the immediately preceding quarter significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of significant impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.
(3) The department may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the department shall identify the funding sources that should support the work performed and the department of management and budget shall forward the appropriated funding.".
13. Amend page 29, line 18, by striking out all of section 402.
14. Amend page 39, following line 5, by striking out all of section 804.
15. Amend page 39, line 12, by striking out all of section 902 and inserting:
"Sec. 902. Of the funds appropriated in section 115 for criminal investigations, 1.0 FTE and $75,000.00 are designated primarily for inspections of incoming out-of-state waste, but can also be made available for other criminal investigation activities.".
16. Amend page 40, following line 17, by striking out all of section 1005.
17. Amend page 40, line 19, by striking out all of section 1101 and inserting:
"Sec. 1101. (1) The department shall prepare a plan to collect Great Lakes bottomland permit fees uniformly and fairly from commercial and noncommercial users of the Great Lakes bottomlands. The plan prepared by the department shall be presented to the house and senate appropriations committees by May 1, 2000.
(2) If this plan is not presented by May 1, 2000, commercial and noncommercial users are exempt from the Great Lakes bottomland permit fees.
Sec. 1102. Of the funds appropriated in section 106 for dam safety, erosion control, and clean lakes, $100,000.00 shall be used for removal of the dam at Big Rapids.".
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
Loren Bennett
Walter North
Alma Wheeler Smith
Conferees for the Senate
William Byl
David Mead
Deborah Cherry
Conferees for the House
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.
The motion prevailed.
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. 793 Yeas--103
Allen | Frank | Kuipers | Rivet |
Baird | Garcia | Kukuk | Rocca |
Basham | Garza | LaSata | Sanborn |
Birkholz | Geiger | Law | Schauer |
Bishop | Gieleghem | Lockwood | Schermesser |
Bogardus | Gilbert | Mans | Scott |
Bovin | Godchaux | Martinez | Scranton |
Bradstreet | Green | Mead | Shackleton |
Brater | Hager | Middaugh | Sheltrown |
Brewer | Hale | Minore | Shulman |
Brown, B. | Hanley | Mortimer | Spade |
Brown, C. | Hansen | Neumann | Stamas |
Byl | Hardman | O'Neil | Switalski |
Callahan | Hart | Pappageorge | Tabor |
Caul | Howell | Patterson | Tesanovich |
Cherry | Jacobs | Perricone | Thomas |
Clark, I. | Jamnick | Pestka | Toy |
Clarke, H. | Jansen | Price | Van Woerkom |
Daniels | Jelinek | Prusi | Vander Roest |
DeHart | Jellema | Pumford | Vaughn |
Dennis | Johnson, Rick | Quarles | Vear |
DeRossett | Julian | Raczkowski | Voorhees |
DeVuyst | Kelly | Reeves | Wojno |
DeWeese | Kilpatrick | Richardville | Woodward |
Ehardt | Koetje | Richner | Woronchak |
Faunce | Kowall | Rison |
Nays--3
Bisbee Gosselin LaForge
In The Chair: Scranton
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Gosselin, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
It's not our money!
A few weeks ago we learned the state has overcharged taxpayers more than $600 million this year, and expects to overcharge them $500 million next year. In the peculiar Orwellian phrasing typical of government this overcharge is called a 'surplus,' and rather than returning it to the gypped customer right away, as any ethical business would do, we immediately began looking for ways to spend it. And found them.
To be fair, we have decided to return some of the money through a cut in the rate of the Single Business Tax, and it is good we're moving in the right direction on that job-destroying tax. But the public reaction to the proposed 23-year phaseout of that tax was summed up by one Oakland citizen who said 'I'll be dead before that tax goes away.'
The members of the majority caucus in this House were not elected to grow government, but that's what we're doing. Economists estimate that inflation over the last few years has been one percent per year or less, and wholesale prices have actually declined. Yet next year's proposed budget started out by increasing state spending by 3.0 percent, and that was before the legislature piled on extra spending for pet programs and projects.
Now we discover extra money due to the overcharge, and behind closed doors deals are made to increase the growth of government next year by another 1.7 percent, for a grand total of 4.7 percent over the current year!
Where is all this extra money coming from? Studies by the Senate Fiscal Agency comparing state expenditures and revenue by county show a trend in which Oakland County will soon be a $1 billion donor to the rest of the state, if we have not achieved that status already. In 1997 Oakland County citizen subsidized the state $715, paying $2,731 in taxes but getting back just $2,016 in services from the state, and the subsidy has probably grown since then.
Meanwhile, Oakland County is suffering a traffic congestion crisis due to inadequate state investment in transportation infrastructure, and the state is doing absolutely nothing to address that problem.
This is wrong. It's not our money. We should give it back."
Senate Bill No. 79, entitled
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the 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:
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 79, entitled
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
Recommends:
First: That the House recede from the Substitute of the House as passed by the House.
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate and to the following amendments:
1. Amend page 1, line 1, by striking out all of sections 101, 102, and 103 and inserting:
"PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. There is appropriated for the department of career development and the Michigan strategic fund for the fiscal year ending September 30, 2000, from the funds indicated in this part, the following:
TOTAL APPROPRIATIONS
Full-time equated unclassified positions 6.0
Full-time equated classified positions 1,307.0
GROSS APPROPRIATION | $ | 684,821,800 |
Total interdepartmental grants and intradepartmental transfers | $ | 1,147,000 |
ADJUSTED GROSS APPROPRIATION | $ | 683,674,800 |
Federal revenues:
Total federal revenues 453,526,500
Special revenue funds:
Total local revenues 10,867,900
Total private revenues 3,263,700
Total other state restricted revenues 129,970,300
State general fund/general purpose $ 86,046,400
Sec. 102. DEPARTMENT OF CAREER DEVELOPMENT
(1) APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 1,066.0
GROSS APPROPRIATION $ 515,904,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 1,047,000
ADJUSTED GROSS APPROPRIATION $ 514,857,700
Federal revenues:
Total federal revenues 400,323,300
Special revenue funds:
Total local revenues 10,867,900
Total private revenues 2,607,000
Total other state restricted revenues 79,920,300
State general fund/general purpose $ 21,139,200
(2) DEPARTMENTAL ADMINISTRATION
Full-time equated unclassified positions 6.0
Full-time equated classified positions 11.0
Unclassified salaries $ 536,200
Executive direction--11.0 FTE positions 1,001,700
GROSS APPROPRIATION $ 1,537,900
Appropriated from:
State general fund/general purpose $ 1,537,900
(3) DEPARTMENT OPERATIONS
Full-time equated classified positions 86.0
Administrative services--86.0 FTE positions | $ | 9,602,300 |
Building occupancy charges - property development services | 432,600 |
Special project advances 200,000
Worker's compensation 196,400
GROSS APPROPRIATION $ 10,431,300
Appropriated from:
Federal revenues:
CNS 50,000
DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 1,957,300
DED, cooperative demonstration, school-to-work 57,700
DOL-ETA 408,000
DOL-ETA, bureau of labor statistics 990,800
DOL-ETA, employment services 2,007,400
DOL-ETA, job training partnership grants 434,200
DOL-ETA, miscellaneous funds 38,900
DOL-ETA, veterans' employment and training administration 2,240,600
HHS, temporary assistance for needy families 565,700
Special revenue funds:
Private - special project advances 200,000
Contingent fund, penalty and interest 790,000
State general fund/general purpose $ 690,700
(5) WORKFORCE DEVELOPMENT
Full-time equated classified positions 666.0
Employment training services--571.0 FTE positions | $ | 59,258,600 |
Michigan career and technical institute--95.0 FTE positions | 9,675,800 | |
GROSS APPROPRIATION | $ | 68,934,400 |
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC 31,400
Federal revenues:
CNS 516,500
DAG, employment and training 250,600
DED, cooperative demonstration, school-to-work 1,017,900
DED-OPSE, multiple grants 599,500
DED-OSERS, centers for independent living 56,500
DED-OSERS, rehabilitation long-term training 350,200
DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 40,117,700
DED-OSERS, state grants for technical related assistance 54,000
DOL-ETA, job training partnership act 3,077,700
DOL-ETA, multiple grants 578,500
DOL-NOICC 166,800
HHS, temporary assistance for needy families 3,567,500
HHS-SSA, supplemental security income 4,061,700
Special revenue funds:
Private - gifts, bequests, and donations 1,357,000
Local vocational rehabilitation match 3,152,200
Rehabilitation services fees 1,908,000
Risk management internal service fund 99,700
Second injury fund 50,000
Student fees 80,000
Training material fees 249,600
State general fund/general purpose $ 7,591,400
(6) DEPARTMENT GRANTS
Displaced homemakers $ 470,000
Job training programs subgrantees 102,095,600
Michigan community service commission subgrantees 5,900,000
Personal assistance services 412,000
Pre-college programs in engineering and the sciences 1,044,700
School-to-work subgrantees 3,000,000
Supported employment grants 1,308,600
Technology assistance grants 1,086,600
Vocational rehabilitation client services/facilities 50,104,000
Vocational rehabilitation independent living 2,365,700
Welfare-to-work programs 140,279,000
Michigan technical education centers 75,000,000
Focus: HOPE 5,494,300
GROSS APPROPRIATION $ 388,560,500
Appropriated from:
Interdepartmental grant revenues:
IDG-MDOC 1,015,600
Federal revenues:
CNS 4,500,000
DAG, employment and training 13,000,000
DED, cooperative demonstration, school to work 3,000,000
DED-OSERS, centers for independent living 525,000
DED-OSERS, client assistance for individuals with disabilities 360,600
DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 34,935,200
DED-OSERS, rehabilitation services facilities 2,272,500
DED-OSERS, supported employment 1,308,600
DED-OSERS, state grants for technical related assistance 1,086,600
DOL-ETA, job training partnership act 96,650,000
DOL-ETA, multiple grants 4,430,000
HHS, temporary assistance for needy families 127,029,000
HHS-SSA, supplemental security income 2,362,500
Special revenue funds:
Private - gifts, bequests, and donations 800,000
Private - oil overcharge 250,000
Contingent fund, penalty and interest account 1,000,000
Local vocational rehabilitation match 6,437,400
Local vocational rehabilitation facilities match 1,278,300
Tobacco settlement revenue 75,000,000
State general fund/general purpose $ 11,319,200
(7) EMPLOYMENT SERVICE AGENCY
Full-time equated classified positions 303.0
Building occupancy charges - property development service $ 230,100
Rent 458,300
Worker's compensation 141,300
Employment services--256.0 FTE positions 42,636,600
Labor market information--47.0 FTE positions 2,974,300
GROSS APPROPRIATION $ 46,440,600
Appropriated from:
Federal revenues:
DOL-ETA 1,312,700
DOL-ETA, bureau of labor statistics 1,651,700
DOL-ETA, employment service 26,968,400
DOL-ETA, miscellaneous funds 11,368,300
DOL-ETA, veterans' employment and training administration 4,396,500
Special revenue funds:
Contingent fund, penalty and interest account 743,000
State general fund/general purpose $ 0
Sec. 103. MICHIGAN STRATEGIC FUND
(1) APPROPRIATION SUMMARY:
Full-time equated classified positions 241.0
GROSS APPROPRIATION $ 168,917,100
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 100,000
ADJUSTED GROSS APPROPRIATION $ 168,817,100
Federal revenues:
Total federal revenues 53,203,200
Special revenue funds:
Total private revenues 656,700
Total other state restricted revenues 50,050,000
State general fund/general purpose $ 64,907,200
(2) MICHIGAN STRATEGIC FUND
Full-time equated classified positions 241.0
Administration--40.0 FTE positions $ 5,337,100
Job creation services--201.0 FTE positions 24,537,500
Michigan promotion program 8,042,500
Economic development job training grants 31,000,000
Community development block grants 50,000,000
Health and aging research and development initiative 50,000,000
GROSS APPROPRIATION $ 168,917,100
Appropriated from:
Interdepartmental grant revenues:
IDG-MDEQ, air quality fees 100,000
Federal revenues:
DOL-ETA, employment service 1,300,000
HUD-CPD, community development block grant 51,903,200
Special revenue funds:
Private-Michigan certified development corporations fees 156,700
Private-special project advances 500,000
Industry support fees 50,000
Tobacco settlement revenue 50,000,000
State general fund/general purpose $ 64,907,200".
2. Amend page 9, line 17, by striking out all of sections 201, 202, 203, and 204 and inserting:
"Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1999-2000 is estimated at $216,016,700.00 in this act and state spending from state sources paid to local units of government for fiscal year 1999-2000 is estimated at $106,000,000.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF CAREER DEVELOPMENT
Michigan technical education centers | $ | 75,000,000 |
Total department of career development | $ | 75,000,000 |
MICHIGAN STRATEGIC FUND
Economic development job training grants | $ | 31,000,000 |
Total Michigan strategic fund | $ | 31,000,000 |
(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the house and senate appropriations committees, and the fiscal agencies.
Sec. 202. As used in this appropriation act:
(a) "CDBG" means community development block grant.
(b) "CNS" means the corporation for national services.
(c) "DAG" means the United States department of agriculture.
(d) "DED" means the United States department of education.
(e) "DED-OPSE" means the DED office of postsecondary education.
(f) "DED-OSERS" means the DED office of special education rehabilitation services.
(g) "Department" means the department of career development.
(h) "Director" means the director of the department of career development.
(i) "DOL" means the United States department of labor.
(j) "DOL-ETA" means the DOL employment and training act.
(k) "DOL-NOICC" means the DOL national occupational information coordinating committee.
(l) "Fiscal agencies" means the Michigan house fiscal agency and the Michigan senate fiscal agency.
(m) "FTE" means full-time equated.
(n) "Fund" means the Michigan strategic fund.
(o) "HHS" means the United States department of health and human services.
(p) "HHS-SSA" means HHS social security administration.
(q) "HUD-CPD" means HUD community planning and development.
(r) "IDG" means interdepartmental grant.
(s) "JTPA" means job training partnership act, Public Law 97-300, 96 Stat. 1322.
(t) "MDEQ" means the Michigan department of environmental quality.
(u) "MDOC" means the Michigan department of corrections.
(v) "President" means the president of the Michigan strategic fund.
Sec. 203. The appropriations made and the expenditures authorized under this act and the departments, agencies, commissions, boards, offices, and programs for which an appropriation is made under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 204. A department or agency billed by the department of civil service for the 1% charge authorized by section 5 of article XI of the state constitution of 1963 by the end of the first fiscal quarter shall pay the total amount of the billing by the end of the second fiscal quarter.".
3. Amend page 11, line 17, after "unit," by striking out "a department" and inserting "the department and the fund".
4. Amend page 11, line 19, after "department" by inserting "or the fund".
5. Amend page 12, line 3, by striking out all of sections 207, 208, and 209 and inserting:
"Sec. 207. (1) Beginning October 1, 1999, a hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department or to positions that are funded with 80% or more federal or restricted funds.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services. The state budget director shall report by the fifteenth of each month to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the reasons to justify the exceptions.
Sec. 208. The departments and state agencies receiving appropriations under this act shall receive and retain copies of all reports funded from appropriations in part 1. These departments and state agencies shall follow federal and state guidelines for short-term and long-term retention of these reports and records.
Sec. 209. (1) The director and the president shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department or the fund.
(2) The director and the president shall strongly encourage firms with which the department and the fund contract to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.".
6. Amend page 13, line 4, by striking out all of section 211.
7. Amend page 14, line 8, by striking out all of section 213 and inserting:
"Sec. 213. The department and the fund shall implement a pilot program that places reports required by this act on the Internet, with electronic notification to legislative offices of Internet access to the reports. During fiscal year 2000, the department and the fund shall continue to distribute all of these reports to the legislature in the current printed format.
Sec. 214. (1) The department and the fund shall submit to the department of management and budget, the house and senate appropriations committees, the fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues quarterly reports on the department's and the fund's efforts to change the department's and the fund's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the department's and the fund's approved work plan for these efforts.
(2) Beginning with the report on April 1, 2000, the department and the fund shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues quarterly reports identifying for the immediately preceding quarter significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of significant impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.
(3) The department and the fund may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the department and the fund shall identify the funding sources that should support the work performed and the department of management and budget shall forward the appropriated funding.
Sec. 215. The department and the fund shall provide a report prepared by the department's and the fund's internal auditor on the activities of the internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The first report shall be due March 1, 2000, and biennially thereafter beginning on May 1 and shall be submitted to the governor, auditor general, the senate and house appropriations committees, the fiscal agencies, and the director and the president.".
8. Amend page 15, line 3, by striking out all of sections 303 and 304 and inserting:
"Sec. 303. (1) The appropriation in part 1 to the department for the work first program shall be expended for grants which provide employment and training services to family independence program applicants and recipients and may be expended for grants which provide employment and training services to former family independence program recipients, as well as to recipients of noncash public assistance, specifically child day care, medicaid, or food stamp benefits.
(2) An applicant may be a district, intermediate district, community college, public or private nonprofit college or university, nonprofit organization that provides school-to-work transition programs or that provides employment and training services or vocational rehabilitation programs or state licensed accredited vocational or technical education programs, proprietary school licensed by the state board of education, local workforce development board, or a consortium consisting of any combination of districts, intermediate districts, community colleges, nonprofit organizations described in this subsection, licensed proprietary schools, or public or private nonprofit colleges or universities described in this subsection.
(3) When the work first job search requirements have been completed, if the participant has not found employment, the work first site shall identify the barriers which may have prevented the participant from obtaining employment and assist the client in removing those barriers. The work first site shall also identify appropriate education and job training programs which would be available to the participant.
(4) Work first program participants shall include applicants and recipients of the family independence program established under section 57a of the social welfare act, 1939 PA 280, MCL 400.57a, and such individuals referred to a job club program by a county family independence agency board or a county friend of the court as long as the participation in the job club is part of an application made under this section. Additionally, the department and the family independence agency shall work together to develop a program to provide employment services to former family independence program recipients and to recipients of noncash public assistance benefits such as child day care, medicaid, or food stamp benefits. This program shall not be construed to be an entitlement to services.
(5) Participants in the work first program shall not be enrolled and counted in membership in a school district or intermediate school district.
(6) The department will work with the family independence agency to coordinate support services to work first participants relating to special/emergency needs.
(7) Work first program participants must receive or be provided an explanation of the program including their benefits and responsibilities before the job interview phase of the program. This explanation shall include clear guidelines with regard to an individual's eligibility for postemployment training support and for applying hours in training toward federal work requirements.
(8) The department shall make every effort to place a minimum of 25% of clients who participate in the work first program in positions that provide wages of $6.00 per hour or more.
(9) The department shall submit to the fiscal agencies and the state budget director by March 15, 2000 a report on the work first program, including the number of participants served under this section, the number of persons who located employment through work first, the average wage of participants who found employment, the number of persons who retained jobs for 90 days, the number of participants placed in employment training and education programs, the number of clients referred to work first who failed to report, a compilation of barriers to employment by incidence and type experienced by participants, and the number of participants referred back to the family independence agency with sanctions recommended by the family independence agency.
(10) A grant awarded under this section may extend beyond the end of the fiscal year in which the grant is awarded and the funds awarded for the grant may be available in the subsequent fiscal year for payment the next fiscal year.
(11) The department shall provide to the state budget director and the fiscal agencies by May 15 and November 15 of each year a report on the work first grants. The report due by May 15 shall provide the information described in this subsection for each grant or contract awarded during the preceding 2 quarters of the state fiscal year. The report due by November 15 shall provide this information for each grant or contract awarded during the preceding full fiscal year. The report shall contain both of the following:
(a) The amount and recipient of each grant or contract.
(b) The number of participants in each service delivery area and the number of clients placed in employment in each service delivery area.
(12) The department and the family independence agency shall establish clear joint guidelines on the eligibility of work first participants for post-employment training support and on how training/education hours can be applied toward federal work participation requirements. These guidelines shall be developed in a manner which balances the ability of participants to obtain training and subsequent long-term, high-wage employment with the need to connect participants with the workplace. Any and all training/education, with the exception of high school completion and GED preparation, must be occupationally relevant and in demand in the labor market as determined by the workforce development board. Participants must make satisfactory progress while in training/education. The department shall submit these guidelines to the house and senate appropriations committees with jurisdiction over the department, over the family independence agency, and to the fiscal agencies by October 1, 1999.
(13) Work first participants may meet the work participation requirement by combining a minimum of 10 hours per week of work with training/education. Training/education may last up to 12 months and the calculated hours may include actual classroom seat time up to 10 hours per week plus up to 1 hour of study time for each hour of classroom seat time. The combined work and training/education hours must equal the minimum number of hours required to meet the federal work participation requirements, 30 hours per week for a single parent, 35 hours per week for 2-parent families, 55 hours if utilizing federally funded day care, and 20 hours per week for single parents with a child under the age of 6. Work first participants may enroll in additional hours of classroom seat time beyond 10 hours. However, these hours and the related study time will not count toward the work participation requirement. The training may be no longer than a 1-year program, or the final year of a 2- or 4-year undergraduate program which is designed to lead to immediate labor force attachment.
(14) Work first participants may meet the federal work participation requirement through enrollment in a short-term vocational program requiring 30 hours of classroom seat time per week for a period not to exceed 6 months, or by enrollment in full-time internships, practicums, or clinicals required by an academic or training institution for licensure, professional certification, or degree completion, without an additional work requirement. Two-parent families who receive federally funded day care must work an additional 25 hours per week to meet the federal work participation requirement.
(15) Work first participants who lack a high school diploma or GED and who enroll in high school completion or classes to obtain a GED may count up to 10 hours of classroom seat time, combined with a minimum of number of hours of work per week, to meet their federal work participation requirement. There shall be no time limit on high school completion. GED preparation shall be limited to 6 months.
Sec. 304. (1) Of the funds appropriated in part 1 for precollege programs in engineering and the sciences, $620,000.00 shall be provided in the form of a grant to the Detroit precollege engineering program, incorporated and $424,700.00 shall be provided in the form of a grant to the Grand Rapids area precollege engineering program.
(2) The department shall submit a report to the appropriate house and senate appropriations subcommittees and the fiscal agencies by February 1, 2000, evaluating the effectiveness of the precollege programs in engineering and sciences funded through part 1 appropriations and making recommendations on whether state support to expand such programs to other areas of the state is warranted in future fiscal years.".
9. Amend page 18, line 5, after "exceed" by striking out "$4,000,000.00" and inserting "$8,000,000.00".
10. Amend page 19, line 1, by striking out all of section 309.
11. Amend page 19, line 5, after "Sec. 310." by inserting "(1)".
12. Amend page 19, line 6, after "than" by striking out "$1,250,000.00" and inserting "$1,288,000.00".
13. Amend page 19, line 16, after "living." by inserting "The department is directed to work with the Michigan association of centers for independent living and the local workforce development boards to identify other competitive sources of funding.".
14. Amend page 19, following line 16, by inserting:
"(2) The statewide independent living council, the Michigan association of centers for independent living, and Michigan rehabilitation services shall jointly produce a report providing the information listed in subdivisions (a), (b), (c), (d), and (e). Of the general fund/general purpose revenue appropriated in part 1 for vocational rehabilitation independent living, $288,000.00 is restricted and shall not be made available for distribution and expenditure prior to the submission and approval by the relevant subcommittees of this report. The report shall include all of the following:
(a) A detailed spending plan, including the specific entities, projects, and activities for each center for independent living that will be funded with the general fund/general purpose appropriation being restricted by this subsection.
(b) Anticipated results in terms of enhanced statewide access to independent living services to individuals who do not have access to such services through other existing public agencies, including measures by which these results can be monitored over time.
(c) Information from each center for independent living receiving funding through appropriations in part 1 detailing their total budget for their 3 most recently completed fiscal years as well as the amount within each of those budgets funded through the vocational rehabilitation independent living grant program referenced in part 1, the total amount funded through other state agencies, the amount funded through federal sources, and the amount funded through local and private sources.
(d) Savings to state taxpayers in other specific areas that can be shown to be the direct result of activities funded from the vocational rehabilitation independent living grant program during the most recently completed state fiscal year as well as additional anticipated savings that would directly result from the expenditure of the funds restricted by this subsection.
(e) Other information deemed relevant by the 3 reporting entities.
(3) The report required in subsection (2) shall be submitted for approval to the appropriations subcommittees for the department, the fiscal agencies, and the state budget director on or before January 15, 2000.".
15. Amend page 20, following line 11, by inserting:
"Sec. 312. (1) From the funds appropriated in part 1 for welfare-to-work programs, the department shall compile the data listed in the subsections below on participants in the enhanced technical vocational training (ETVT) program and work first in an effort to develop long-term data on the program's effectiveness.
(2) Using all relevant state data resources, the department shall acquire data on participants 90 days, 1 year, and 3 years following their completion of the program that show whether the participant is employed and the wages earned by the participant. Using survey data, the department shall acquire data on participants at the same time intervals that show the degree to which participants are receiving health care and other benefits from their employers and the degree to which the participants are receiving public assistance and type of assistance received.
(3) The department shall file a report with the appropriate house and senate appropriations subcommittees and the fiscal agencies by February 1, 2000 summarizing the above data acquired during the previous 12-month period. The summary shall include all of the following:
(a) The percentage of participants employed at each interval.
(b) The average wage earned, the range of wages earned, and a measure of the variability of wages earned for participants at each interval.
(c) The percentage of participants receiving health care benefits and other benefits at each interval.
(d) The percentage of participants receiving some form of public assistance at each interval.
(4) The department shall cooperate with the family independence agency in formulating and acquiring any similar data for the work first program as may be required in the family independence agency appropriations act or other law.
Sec. 313. Interest earnings on the portion of the tobacco settlement revenue received by the state from the national tobacco master settlement agreement incorporated into a consent decree and final judgment in Kelley Ex Rel. Michigan v Philip Morris Incorporated, et al., which is not deposited in the Michigan merit award trust fund, are hereby appropriated to the department. These funds shall be distributed to the council of Michigan foundations as a grant to support local community efforts to address youth and senior health needs. The council may distribute the funds according to formula determined by the council or may invest these funds. Any investment earnings from this appropriation shall be used for the same purpose as the original appropriation.
Sec. 314. (1) In developing school-to-work programs, the department shall cooperate with the Michigan department of education in emphasizing the importance of apprenticeship opportunities for students who may choose to participate including, but not limited to, low-income students and students with disabilities.
(2) The school-to-work apprenticeship programs shall link employers, organized labor, educators, and community organizations for the purpose of providing necessary knowledge, skills, and labor market information to students.
(3) As participants in school-to-work apprenticeship programs, students will be expected to obtain any of the following:
(a) High school diploma, or its equivalent.
(b) Skill certificate.
(c) Possible further training, including a registered apprenticeship.
(d) Certificate or associate degree recognizing successful completion of 1 or 2 years of postsecondary education.
(e) Admission to a college or university, or a first job on a career pathway.
(4) In order for a public school to receive and spend school-to-work funds, it must receive approval of its implementation plan from its governing board or its intermediate school board and forward such approval to its local workforce development board. As used in this subsection, "public school" and "intermediate school board" mean those terms as defined in the revised school code, 1976 PA 451, MCL 380.1 to 380.1852.
Sec. 315. The department shall work cooperatively with the department of civil service to identify state employees who will lose their jobs as a result of an agency or program being reorganized, modified, or eliminated and shall develop training programs and provide training to these individuals that will provide them an opportunity and skills necessary to secure new employment within state government or the private sector.
Sec. 316. State and federal funds allocated to local workforce development boards for disbursement shall not be appropriated unless the local workforce development boards maintain a partnership with governmental agencies, public school districts, and public colleges located within the local service delivery area.
Sec. 317. From the funds appropriated in part 1 for vocational rehabilitation independent living, a portion of the funds shall be distributed to the superior alliance for independent living in Marquette County.".
16. Amend page 20, line 22, after "the" by striking out the balance of the line through "commission" on line 23 and inserting "fund".
17. Amend page 21, line 1, by striking out all of subsection (4) and inserting:
"(4) Seventy percent of the economic development job training grant funds, except for any amount up to $6,000,000.00 which is utilized for the development of web-based or other distance learning training which has the substantial potential for lowering training costs and improving access, shall be awarded to community colleges or a consortium of community colleges and other eligible applicants pursuant to the requirements of this section.".
18. Amend page 21, line 7, by striking out all of subsection (6) and renumbering the remaining subsections.
19. Amend page 25, following line 26, by striking out all of subdivisions (d) and (e) and inserting:
"(d) The names and addresses of any companies and training providers utilizing web-based or other distance learning training formats along with a current estimate of the number of individuals to be involved in this training.
(e) The cost savings or other benefits due to utilizing any web-based or other distance learning training formats as opposed to delivering a comparable training program delivered face-to-face.".
20. Amend page 26, following line 7, by inserting:
"(18) Of the funds appropriated in part 1 for economic development job training grants, the fund shall not use these funds to finance the startup or in any way subsidize any private distributor of liquor products in Michigan.
(19) As a condition of receiving funds under part 1 of this act, the fund shall not expend any of the economic development job training grant funds to train any employee who is an officer of a corporation in a corporation employing more than 250 employees.".
21. Amend page 27, line 13, by striking out all of sections 406 and 407.
22. Amend page 28, line 17, by striking out all of section 410.
23. Amend page 29, line 10, after "allocated." by inserting "At least 25% of all program funds shall be used to promote cultural tourism opportunities in Michigan.".
24. Amend page 29, line 20, after the first "the" by striking out "senate and house full appropriations committees" and inserting "relevant senate and house appropriation subcommittees".
25. Amend page 30, following line 8, by inserting:
"(l) Health and aging research and development initiative.
(m) Any other programs of the fund.".
26. Amend page 30, line 9, by striking out all of subsection (2) and inserting:
"(2) The reports in subsection (1) shall be submitted by January 1, 2000. The report for each program in subsection (1)(a) through (m) shall include details on the actual spending and number of FTEs for that program.".
27. Amend page 30, line 24, after "Michigan" by striking out "first corporation" and inserting "economic development foundation".
28. Amend page 31, line 3, by striking out all of section 416 and inserting:
"Sec. 417. (1) Of the funds appropriated to the fund or through grants to the Michigan economic development corporation, no funds shall be expended for the purchase of options on land or the purchase of land unless at least 1 of the following conditions applies:
(a) The land is located in an economically distressed area.
(b) The land is obtained through a purchase or exercise of an option at the invitation of the local unit of government and local economic development agency.
(2) It is the intent of the legislature that consideration be given to purchases where the proposed use of the land is consistent with a regional land use plan, will result in the redevelopment of an economically distressed area, can be supported by existing infrastructure, and will not cause shifts in population away from the area's population centers.
(3) As used in this section, "economically distressed area" means an area in a city, village, or township that has been designated as blighted; a city, village, or township that shows negative population change from 1970 and a poverty rate and unemployment rate greater than the statewide average; or an area certified as a neighborhood enterprise zone.
Sec. 418. (1) From the funds appropriated in part 1 for the fund, $50,000,000.00 is appropriated for a health and aging research and development initiative to support basic and applied research in health-related areas, with emphasis on issues related to aging.
(2) A health and aging steering committee, appointed by the governor, shall consist of 14 members including the CEO of the Michigan economic development corporation, a member from Michigan State University, the University of Michigan, Wayne State University, the VanAndel Institute, and 2 members from the private sector. The remaining members shall be appointed at large and may include members from the private sector, public sector, or other Michigan universities. The purpose of the steering committee is to provide advice and oversight of the initiative, including the development of criteria for the award of contracts or grants to qualifying universities, institutions, or individuals. The steering committee will make decisions regarding distribution of these grant funds.
(3) Of the funds appropriated, 40% is allocated for a basic research fund, to be distributed on a competitive basis to Michigan universities for basic research in health-related areas. Not less than $5,000,000.00 is allocated to research related to aging diseases and health problems. Fifty percent of the appropriated funds are earmarked for a collaborative research fund to support peer-reviewed collaborative grants among Michigan universities and/or private research facilities, with emphasis on testing or developing emerging discoveries. The VanAndel Institute and other private research facilities may participate in collaboration with the universities on research fund grants. Up to 10% of the appropriated funds may be used to support a commercial development fund to support commercialization opportunities for life science research in Michigan. Appropriated funds must be matched with other university, private, or federal funding. Not more than 1% of the appropriated funds may be used for administrative costs of administering the initiative.
Sec. 419. The fund shall provide to the appropriate house and senate appropriations subcommittees and the fiscal agencies by December 1, 1999 a report on the status of the development finance agency grant and loan program including, but not limited to:
(a) The balance of the revolving fund.
(b) Projects funded from the revolving fund.
(c) A proposal on whether the program should continue and the proposed use of any unobligated balance.".
Third: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
Glenn Steil
Joel Gougeon
Conferees for the Senate
Patricia Godchaux
Janet Kukuk
Conferees for the House
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.
The motion prevailed.
The question being on the adoption of the conference report,
Point of Order
Rep. Martinez requested a ruling from the Chair as to whether the Conference Report is properly before the House and questioned whether the addition of provisions of expenditure for federal funds was a matter of difference between the two houses and could properly be considered by the Committee of Conference.
The Chair ruled that the conference report is properly before the House. Pursuant to Joint Rule 8, conferees may recommend amendments to the bill that deal with additional anticipated federal or flow through funding.
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. 794 Yeas--93
Allen | Faunce | Koetje | Richner |
Baird | Frank | Kowall | Rocca |
Basham | Garcia | Kuipers | Sanborn |
Birkholz | Garza | Kukuk | Scott |
Bisbee | Geiger | LaSata | Scranton |
Bishop | Gieleghem | Law | Shackleton |
Bogardus | Gilbert | Lemmons | Sheltrown |
Bovin | Godchaux | Lockwood | Shulman |
Bradstreet | Green | Martinez | Spade |
Brater | Hager | Mead | Stallworth |
Brewer | Hanley | Middaugh | Stamas |
Brown, B. | Hansen | Mortimer | Switalski |
Brown, C. | Hardman | Neumann | Tabor |
Byl | Hart | Pappageorge | Thomas |
Callahan | Howell | Patterson | Toy |
Caul | Jacobs | Perricone | Van Woerkom |
Cherry | Jamnick | Pestka | Vander Roest |
Clark, I. | Jansen | Price | Vaughn |
Daniels | Jelinek | Pumford | Vear |
Dennis | Jellema | Quarles | Voorhees |
DeRossett | Johnson, Rick | Raczkowski | Wojno |
DeVuyst | Julian | Reeves | Woodward |
DeWeese | Kilpatrick | Richardville | Woronchak |
Ehardt
Nays--15
Clarke, H. | Kelly | O'Neil | Schauer |
DeHart | LaForge | Prusi | Schermesser |
Gosselin | Mans | Rison | Tesanovich |
Hale | Minore | Rivet |
In The Chair: Scranton
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 368, entitled
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports and to provide for the disposition of fees and other income received by the judicial branch.
The Senate has adopted the report of the Second Committee of Conference.
The Conference Report was read as follows:
Second Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 368, entitled
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
Recommends:
First: That the Senate and House agree to the Substitute of the House as passed by the House, amended to read as follows:
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the judicial branch for the fiscal year ending September 30, 2000, from the funds indicated in this part. The following is a summary of the appropriations in this part:
JUDICIARY
APPROPRIATION SUMMARY:
Full-time equated exempted positions 583.0
GROSS APPROPRIATION $ 227,130,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 2,287,400
ADJUSTED GROSS APPROPRIATION $ 224,842,900
Federal revenues:
Total federal revenues 3,077,800
Special revenue funds:
Total local revenues 2,496,600
Total private revenues 1,702,400
Total other state restricted revenues 56,074,900
State general fund/general purpose $ 161,491,200
Sec. 102. SUPREME COURT
Full-time equated exempted positions 283.0
Supreme court administration--118.0 FTE positions $ 13,973,900
Judicial institute--18.0 FTE positions 2,809,700
State court administrative office--80.0 FTE positions 8,675,600
Judicial information systems--21.0 FTE positions 4,182,900
Direct trial court automation support--30.0 FTE positions 2,496,600
Foster care review board--12.0 FTE positions 1,198,700
Community dispute resolution--4.0 FTE positions 2,444,300
GROSS APPROPRIATION $ 35,781,700
Appropriated from:
Interdepartmental grant revenues:
IDG from department of career development 120,000
IDG from state police - criminal justice improvement 1,443,900
IDG from state police - Michigan justice training fund 300,000
Federal revenues:
DAG, agriculture mediation grant 469,900
DOE, special education grant 130,000
DOJ, victims assistance programs 50,000
DOT, national highway safety traffic administration 215,300
HHS, access and visitation grant 387,000
HHS, court improvement project 629,800
HHS, title IV-D child support program 419,100
HHS, title IV-E foster care program 276,700
HHS, TANF 500,000
Special revenue funds:
Local - user fees 2,496,600
Private 419,000
Private - interest on lawyers trust accounts 712,600
Private - state justice institute 500,800
Community dispute resolution fees 1,642,300
Law exam fees 477,200
Miscellaneous revenue 227,900
State court fund 319,000
State general fund/general purpose $ 24,044,600
Sec. 103. COURT OF APPEALS
Full-time equated exempted positions 235.5
Court of appeals operations--223.5 FTE positions $ 18,754,800
Delay reduction--12.0 FTE positions 950,000
GROSS APPROPRIATION $ 19,704,800
Appropriated from:
Special revenue funds:
Court filing/motion fees 1,571,000
Miscellaneous revenue 77,800
State general fund/general purpose $ 18,056,000
Sec. 104. JUSTICES' AND JUDGES' COMPENSATION
Full-time judges positions 610.0
Supreme court justices' salaries--7.0 judges $ 975,100
Court of appeals judges' salaries--28.0 judges 3,588,400
District court judges' state base salaries--259.0 judges 18,463,700
District court judicial salary standardization 11,842,500
Probate court judges' state base salaries--106.0 judges 7,029,100
Probate court judicial salary standardization 4,332,800
Circuit court judges' state base salaries--210.0 judges 15,637,000
Circuit court judicial salary standardization 9,228,000
Judges' retirement system defined contributions 2,204,900
OASI, social security 4,002,600
GROSS APPROPRIATION $ 77,304,100
Appropriated from:
Special revenue funds:
Court fee fund 6,065,600
State general fund/general purpose $ 71,238,500
Sec. 105. JUDICIAL AGENCIES
Full-time equated exempted positions 10.0
Judicial tenure commission--10.0 FTE positions | $ | 953,700 |
GROSS APPROPRIATION | $ | 953,700 |
Appropriated from:
State general fund/general purpose $ 953,700
Sec. 106. INDIGENT DEFENSE - CRIMINAL
Full-time equated exempted positions 54.5
Appellate public defender program--46.5 FTE positions $ 4,618,400
State appellate defender office 508,300
Appellate assigned counsel administration--8.0 FTE positions 881,900
GROSS APPROPRIATION $ 6,008,600
Appropriated from:
Interdepartmental grant revenues:
IDG from state police - Michigan justice training fund 423,500
Special revenue funds:
Private - interest on lawyers trust accounts 70,000
Miscellaneous revenue 113,100
State general fund/general purpose $ 5,402,000
Sec. 107. INDIGENT CIVIL LEGAL ASSISTANCE
Indigent civil legal assistance | $ | 7,337,000 |
GROSS APPROPRIATION | $ | 7,337,000 |
Appropriated from:
Special revenue funds:
State court fund 7,337,000
State general fund/general purpose $ 0
Sec. 108. TRIAL COURT OPERATIONS
Court equity fund reimbursements $ 69,840,400
Hold harmless fund reimbursements 8,000,000
GROSS APPROPRIATION $ 77,840,400
Appropriated from:
Special revenue funds:
Court equity fund 36,044,000
State general fund/general purpose $ 41,796,400
Sec. 109. GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving caseflow program $ 2,000,000
Drug caseflow program 200,000
GROSS APPROPRIATION $ 2,200,000
Appropriated from:
Special revenue funds:
Drug fund 200,000
Drunk driving fund 2,000,000
State general fund/general purpose $ 0
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1999-2000 is estimated at $218,566,100.00 in this act and state spending from state sources paid to local units of government for fiscal year 1999-2000 is estimated at $112,984,700.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
SUPREME COURT
State court administrative office - administration $ 511,900
TRIAL COURT OPERATIONS
Court equity fund reimbursements $ 69,840,400
Hold harmless fund reimbursement 8,000,000
JUSTICES' AND JUDGES' COMPENSATION
District court judicial salary standardization $ 11,842,500
Probate court judges' state base salaries 7,029,100
Probate court judicial salary standardization 4,332,800
Circuit court judicial salary standardization 9,228,000
GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT
Drunk driving caseflow program $ 2,000,000
Drug caseflow program 200,000
TOTAL $ 112,984,700
(2) If it appears to the principal executive officer of a department or branch that state spending to local units of government will be less than the amount that was projected to be expended under subsection (1), the principal executive officer shall immediately give notice of the approximate shortfall to the state budget director, the house and senate appropriations committees, and the house and senate fiscal agencies.
Sec. 202. (1) The expenditures and funding sources authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) Funds appropriated in part 1 to an entity within the judicial branch shall not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of the supreme court.
Sec. 203. As used in this act:
(a) "DAG" means the United States department of agriculture.
(b) "DOE" means the United States department of education.
(c) "DOJ" means the United States department of justice.
(d) "DOT" means the United States department of transportation.
(e) "FTE" means full-time equated.
(f) "HHS" means the United States department of health and human services.
(g) "IDG" means interdepartmental grant.
(h) "MDSP" means the department of state police.
(i) "OASI" means old age survivor's insurance.
(j) "TANF" means temporary assistance for needy families.
Sec. 204. Funds appropriated in this act shall not be used for the purchase of foreign goods or services when competitively priced American goods and services are available.
Sec. 205. (1) The chief justice of the supreme court shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the judicial branch.
(2) The chief justice shall strongly encourage firms with which the courts of this state contract to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.
Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for federal contingency funds.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for state restricted contingency funds.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds.
(5) A transfer of contingency funds within the judicial branch shall not be made by the authorized agent of the judicial entity unless approved by both appropriations committees. If the state budget director does not approve contingency fund transfers adopted by both appropriations committees under this section, the state budget director shall notify the appropriations committees of his or her action within 15 days.
Sec. 207. (1) The judicial branch shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:
(a) The total dollar amount of the contract.
(b) The duration of the contract.
(c) The name of the vendor.
(d) The type of service to be provided.
(2) For personal service contracts of $100,000.00 or more, the judicial branch shall provide a monthly report on all of the following:
(a) The total dollar amount of the contract.
(b) The duration of the contract.
(c) The name of the vendor.
(d) The type of service to be provided.
Sec. 208. Sixty days prior to beginning any effort to privatize, the judicial branch shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.
Sec. 209. All reports required by this act shall be made available to the public primarily through Internet access, unless a printed version is requested. The judiciary shall provide electronic notification to all legislative offices for specific reports requested by the legislature.
Sec. 209a. The judicial branch shall receive and retain copies of all reports funded from appropriations in part 1, and shall follow federal and state guidelines for short-term and long-term retention of these reports and records.
Sec. 210. The judicial branch shall provide a report prepared by the judicial branch's internal auditor for the prior fiscal year. This report shall include a listing of each audit or investigation performed by the internal auditor pursuant to sections 486(4) and 487 of the management and budget act, 1984 PA 431, MCL 18.1486 and 18.1487. The report shall identify the proportion of time spent on each of the statutory responsibilities listed in sections 485(4), 486(4), and 487 of the management and budget act, 1984 PA 431, MCL 18.1485, 18.1486, and 18.1487, and the time spent on all other activities performed in the internal audit function. The report is due first on March 1, 2000, and is due biennially thereafter beginning on May 1, 2002, and shall be submitted to the governor, auditor general, the senate and house appropriations committees, the senate and house fiscal agencies, and the chief justice.
JUDICIAL BRANCH
Sec. 301. (1) The direct trial court automation support program of the state court administrative office shall recover direct and overhead costs from trial courts by charging for services rendered. The fee shall cover the actual costs incurred to the direct trial court automation support program in providing the service. A report of amounts collected in excess of funds identified as user service charges in part 1 shall be submitted to the state budget director and to the house and senate appropriations subcommittees on judiciary 30 days before expenditure by the direct trial court automation support program.
(2) From funds appropriated in part 1, the direct trial court automation support program of the state court administrative office shall provide to the state budget director, the senate and house appropriations committees, and the senate and house fiscal agencies before January 1 of each year, a detailed list of user service charges collected during the immediately preceding state fiscal year.
Sec. 302. Funds appropriated within the judicial branch shall not be expended by any component within the judicial branch without the approval of the supreme court.
Sec. 303. Of the amount appropriated in part 1 for the judicial branch, $325,000.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and $186,900.00 is allocated for court of claims reimbursement under section 6413 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6413.
Sec. 304. The judicial branch shall cooperate with the auditor general regarding audits of the judicial branch conducted pursuant to section 53 of article IV of the state constitution of 1963.
Sec. 305. To avoid the overexpenditure of funds appropriated under this act, the supreme court shall report quarterly to the state budget director and to the judiciary subcommittees of the house and senate appropriations committees regarding the status of the accounts set forth in part 1.
Sec. 306. From funds appropriated under part 1, forms required to be developed by the state court administrative office pursuant to section 2950b of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950b, shall be provided in the quantity requested by each county clerk.
Sec. 307. The supreme court shall continue to implement and enforce an appropriate antinepotism policy, which shall include provisions that prohibit a judge from hiring or employing a member of his or her immediate family as a court employee or in any judicial support related capacity.
Sec. 308. Funds appropriated in part 1 shall not be used to pay directly or by reimbursement the annual dues for membership in the state bar of Michigan of a judge, justice, or other employee of the judicial branch.
Sec. 309. (1) The chief financial officer of a funding unit for a court, in cooperation with the local court, shall provide to the state treasurer and state court administrative office by January 1, 2000 audited accounts of all money due and owing the court as of September 30, 1999. Where audited accounts are not available, the chief financial officer of a funding unit for a court may provide estimates as long as they are clearly marked as "estimated".
(2) The state treasurer shall report to the legislature a compilation of the estimated accounts receivable of all courts and cumulative totals by March 1, 2000. This report is a public record.
Sec. 310. The state court administrative office, from funds appropriated in part 1, shall assist the court of appeals and trial courts to meet American bar association model standards on case processing.
Sec. 311. If sufficient funds are not available from the court fee fund to pay judges' compensation, the difference between the appropriated amount from that fund for judges' compensation and the actual amount available after the amount appropriated for trial court reimbursement is made shall be appropriated from the state general fund for judges' compensation.
Sec. 312. Funds appropriated in part 1 for indigent defense shall be used in accordance with terms and conditions of section 1485(11)(b) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1485, including reference to federal prohibitions against providing legal assistance with respect to any proceeding or litigation which seeks to procure an abortion.
Sec. 315. The additional state general fund appropriation for community dispute resolution contained in part 1 shall be used to supplement funding for community dispute resolution centers. The supplemental funding shall be disbursed to bring each center funded through the community dispute resolution act, 1988 PA 260, MCL 691.1551 to 691.1564, to a minimum funding level of $15,000.00.
Sec. 317. (1) The judicial branch shall submit to the department of management and budget, the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues quarterly reports on the judicial branch's efforts to change the judicial branch's computer software and hardware as necessary to perform properly in the year 2000 and beyond. These reports shall identify actual progress in comparison to the judicial branch's approved work plan for these efforts.
(2) Beginning with the report on April 1, 2000, the judicial branch shall submit to the department of management and budget, the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the senate and house standing committees having jurisdiction over technology issues quarterly reports identifying for the immediately preceding quarter significant problems with information systems, occurrences of information system failure as a result of noncompliance with year 2000 standards, and previously unidentified areas of impact. These reports shall identify systems needing corrective action and the contractual obligations of accountable parties. These reports shall give the status of the progress made in repairing and testing applications, the status of vendor-supplied solutions to problems, information on the activation of manual or contract processes used to correct problems, and an itemization of the additional costs incurred.
(3) The judicial branch may present progress billings to the department of management and budget for the costs incurred in changing computer software and hardware as necessary to perform properly in the year 2000 and beyond and for costs incurred as a result of initiating corrective actions. At the time progress billings are presented for reimbursement, the judicial branch shall identify the funding sources that should support the work performed, and the department of management and budget shall forward the appropriate funding.
Sec. 319. (1) The state auditor general shall perform an audit of the state appellate defender office to ensure program effectiveness, efficiencies, and compliance with state law.
(2) As a part of the audit, the legislative auditor general shall include an analysis of the state appellate defender office salary schedule for attorneys and supervisors. The analysis shall compare salaries with those in the public and private sectors.
Sec. 321. The legislature urges the supreme court to examine court rules and consider changes which would:
(a) Allow candidates for judge to express opinions on political issues.
(b) Allow judges to preside over cases even though they have publicly expressed political opinions in issues generally related to the case.
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
Walter North
Glenn Steil
Conferees for the Senate
Mickey Mortimer
Cameron Brown
Conferees for the House
The Speaker announced that under Joint Rule 9 the second conference report would lie over one day.
Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.
The motion prevailed.
The question being on the adoption of the second conference report,
The second conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 795 Yeas--65
Allen | Geiger | Koetje | Rocca |
Basham | Gieleghem | Kowall | Sanborn |
Birkholz | Gilbert | Kuipers | Scranton |
Bisbee | Godchaux | Kukuk | Shackleton |
Bishop | Green | LaSata | Shulman |
Bradstreet | Hager | Law | Spade |
Brown, B. | Hanley | Mead | Stamas |
Brown, C. | Hansen | Middaugh | Switalski |
Byl | Hart | Mortimer | Tabor |
Callahan | Howell | Pappageorge | Toy |
Caul | Jansen | Patterson | Van Woerkom |
DeRossett | Jelinek | Perricone | Vander Roest |
DeVuyst | Jellema | Pumford | Vear |
DeWeese | Johnson, Rick | Raczkowski | Voorhees |
Ehardt | Julian | Richardville | Wojno |
Faunce | Kilpatrick | Richner | Woronchak |
Garcia
Nays--42
Baird | Frank | Mans | Rivet |
Bogardus | Garza | Martinez | Schauer |
Bovin | Gosselin | Minore | Schermesser |
Brater | Hale | Neumann | Scott |
Brewer | Hardman | O'Neil | Sheltrown |
Cherry | Jacobs | Pestka | Stallworth |
Clark, I. | Jamnick | Price | Tesanovich |
Clarke, H. | Kelly | Prusi | Thomas |
Daniels | LaForge | Reeves | Vaughn |
DeHart | Lemmons | Rison | Woodward |
Dennis Lockwood
In The Chair: Scranton
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Gosselin, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
$92.69
That is how much every man, woman and child in the state of Michigan will pay in the coming months to cover the growth of state government. The figure includes a $422 million increase in next year's spending, and $488 million of this year's tax overcharge (a.k.a. 'surplus') spent by this legislature right away.
I represent a wealthy district. Most citizens in the 42nd district probably won't be harmed much by the state taking an additional $92.69 from their hard earned income. But I know how most will answer if I ask, 'Would you rather have $92.69 for each member of your family, or instead grow state government 4.7% next year, and spend an extra $488 million of taxpayer overcharges this year?' They already answered that question by sending me to the House, based on my promise not to grow government.
That is the view of a wealthy district. What answer would my House colleagues from less affluent districts get?
$92.69, or bigger government? With this and the other budgets passed by this House, we've answered the question for them.
Bigger government."
Rep. Jacob moved that Rep. Lemmons be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 53, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Great Lakes and Tourism,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Reps. Rivet and Woodward moved to amend the bill as follows:
1. Amend page 2, line 4, after "LOWING" by striking out "7" and inserting "9".
2. Amend page 2, following line 24, by inserting:
"(H) ONE MEMBER REPRESENTING THE MICHIGAN PARENT-TEACHER ASSOCIATION, APPOINTED FROM AMONG NOMINATIONS SUBMITTED BY THE MICHIGAN CONGRESS OF PARENTS, TEACHERS, AND STUDENTS.
(I) ONE MEMBER WHO IS A PUPIL ENROLLED IN A PUBLIC HIGH SCHOOL IN THIS STATE.".
The question being on the adoption of the amendments offered by Reps. Rivet and Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Rivet and Woodward,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 796 Yeas--53
Allen | Dennis | LaForge | Rivet |
Baird | Frank | Lockwood | Schauer |
Basham | Garza | Mans | Schermesser |
Bogardus | Gieleghem | Martinez | Scott |
Bovin | Hale | Minore | Sheltrown |
Brater | Hanley | Neumann | Spade |
Brewer | Hansen | O'Neil | Stallworth |
Brown, B. | Hardman | Pestka | Switalski |
Callahan | Jacobs | Price | Tesanovich |
Cherry | Jamnick | Prusi | Thomas |
Clark, I. | Johnson, Rick | Quarles | Vaughn |
Clarke, H. | Kelly | Reeves | Wojno |
Daniels | Kilpatrick | Rison | Woodward |
DeHart
Nays--54
Birkholz | Gilbert | Kukuk | Rocca |
Bisbee | Godchaux | LaSata | Sanborn |
Bishop | Gosselin | Law | Scranton |
Bradstreet | Green | Mead | Shackleton |
Brown, C. | Hager | Middaugh | Shulman |
Byl | Hart | Mortimer | Stamas |
Caul | Howell | Pappageorge | Tabor |
DeRossett | Jansen | Patterson | Toy |
DeVuyst | Jelinek | Perricone | Van Woerkom |
DeWeese | Jellema | Pumford | Vander Roest |
Ehardt | Julian | Raczkowski | Vear |
Faunce | Koetje | Richardville | Voorhees |
Garcia | Kowall | Richner | Woronchak |
Geiger Kuipers
In The Chair: Scranton
Rep. Woodward moved to amend the bill as follows:
1. Amend page 3, line 17, after "FORCE." by striking out "A MAJORITY OF THE MEMBERS PRESENT AND SERVING ARE" and inserting "AN AFFIRMATIVE VOTE OF 5 OF THE MEMBERS APPOINTED AND SERVING IS".
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 797 Yeas--50
Baird | Dennis | Mans | Schauer |
Basham | Garza | Martinez | Schermesser |
Bogardus | Gieleghem | Minore | Scott |
Bovin | Hale | Neumann | Sheltrown |
Brater | Hanley | O'Neil | Spade |
Brewer | Hansen | Pestka | Stallworth |
Brown, B. | Hardman | Price | Switalski |
Callahan | Jacobs | Prusi | Tesanovich |
Cherry | Jamnick | Quarles | Thomas |
Clark, I. | Kelly | Reeves | Vaughn |
Clarke, H. | Kilpatrick | Rison | Wojno |
Daniels | LaForge | Rivet | Woodward |
DeHart Lockwood
Nays--55
Allen | Gilbert | Kuipers | Rocca |
Birkholz | Godchaux | Kukuk | Sanborn |
Bisbee | Gosselin | LaSata | Scranton |
Bishop | Green | Law | Shackleton |
Bradstreet | Hager | Mead | Shulman |
Brown, C. | Hart | Middaugh | Stamas |
Byl | Howell | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Julian | Raczkowski | Voorhees |
Faunce | Koetje | Richardville | Woronchak |
Garcia | Kowall | Richner |
In The Chair: Scranton
______
Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.
The motion prevailed.
Rep. Hale moved to amend the bill as follows:
1. Amend page 1, line 9, after "IMPACT" by inserting "BY COUNTY".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 798 Yeas--47
Baird | DeHart | Lockwood | Schermesser |
Basham | Dennis | Mans | Scott |
Bogardus | Garza | Martinez | Sheltrown |
Bovin | Gieleghem | Minore | Spade |
Brater | Hale | Neumann | Stallworth |
Brewer | Hanley | O'Neil | Switalski |
Brown, B. | Hansen | Pestka | Tesanovich |
Callahan | Hardman | Price | Thomas |
Cherry | Jacobs | Prusi | Vaughn |
Clark, I. | Jamnick | Reeves | Wojno |
Clarke, H. | Kelly | Rison | Woodward |
Daniels | Kilpatrick | Rivet |
Nays--55
Allen | Gilbert | Kukuk | Rocca |
Birkholz | Godchaux | LaSata | Sanborn |
Bisbee | Gosselin | Law | Scranton |
Bishop | Hager | Mead | Shackleton |
Bradstreet | Hart | Middaugh | Shulman |
Brown, C. | Howell | Mortimer | Stamas |
Byl | Jansen | Pappageorge | Tabor |
Caul | Jelinek | Patterson | Toy |
DeRossett | Jellema | Perricone | Van Woerkom |
DeVuyst | Johnson, Rick | Pumford | Vander Roest |
DeWeese | Julian | Quarles | Vear |
Ehardt | Koetje | Raczkowski | Voorhees |
Faunce | Kowall | Richardville | Woronchak |
Garcia | Kuipers | Richner |
In The Chair: Scranton
Rep. Vander Roest moved to amend the bill as follows:
1. Amend page 4, line 8, by striking out all of enacting section 1.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Raczkowski 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. Raczkowski 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
Third Reading of Bills
Senate Bill No. 53, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.
Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 799 Yeas--20
Allen | Geiger | Lockwood | Shackleton |
Birkholz | Green | Neumann | Sheltrown |
Bradstreet | Johnson, Rick | Raczkowski | Stamas |
Caul | Koetje | Rivet | Toy |
Ehardt | Law | Rocca | Woronchak |
Nays--87
Baird | Frank | Kowall | Richner |
Basham | Garcia | Kuipers | Rison |
Bisbee | Garza | Kukuk | Sanborn |
Bishop | Gieleghem | LaForge | Schauer |
Bogardus | Gilbert | LaSata | Schermesser |
Bovin | Godchaux | Mans | Scott |
Brater | Gosselin | Martinez | Scranton |
Brewer | Hager | Mead | Shulman |
Brown, B. | Hale | Middaugh | Spade |
Brown, C. | Hanley | Minore | Stallworth |
Byl | Hansen | Mortimer | Switalski |
Callahan | Hardman | O'Neil | Tabor |
Cherry | Hart | Pappageorge | Tesanovich |
Clark, I. | Howell | Patterson | Thomas |
Clarke, H. | Jacobs | Perricone | Van Woerkom |
Daniels | Jamnick | Pestka | Vander Roest |
DeHart | Jansen | Price | Vaughn |
Dennis | Jelinek | Prusi | Vear |
DeRossett | Jellema | Pumford | Voorhees |
DeVuyst | Julian | Quarles | Wojno |
DeWeese | Kelly | Reeves | Woodward |
Faunce | Kilpatrick | Richardville |
In The Chair: Scranton
Rep. Raczkowski moved to reconsider the vote by which the House did not pass the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Raczkowski moved that consideration of the bill be postponed for the day.
The motion prevailed.
House Bill No. 4099, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.
(The bill was read a third time and postponed for the day on May 6, see House Journal No. 40, p. 760.)
The question being on the passage of the bill,
Rep. Raczkowski moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Second Reading of Bills
House Bill No. 4099, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.
Rep. Quarles moved to amend the bill as follows:
1. Amend page 1, line 6, after "DAY." by inserting "THIS REQUIREMENT DOES NOT APPLY TO A SCHOOL OR PROGRAM THAT IS SCHEDULED TO PROVIDE 195 OR MORE DAYS OF PUPIL INSTRUCTION IN THE SCHOOL YEAR.".
The question being on the adoption of the amendment offered by Rep. Quarles,
Rep. Quarles demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Quarles,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 800 Yeas--49
Baird | Frank | Martinez | Schermesser |
Basham | Garza | Minore | Scott |
Bogardus | Gieleghem | Neumann | Sheltrown |
Bovin | Green | O'Neil | Spade |
Brater | Hanley | Pestka | Stallworth |
Brewer | Hansen | Price | Switalski |
Brown, B. | Hardman | Prusi | Tesanovich |
Cherry | Jacobs | Quarles | Thomas |
Clark, I. | Kelly | Reeves | Vaughn |
Clarke, H. | Kilpatrick | Rison | Wojno |
Daniels | Lockwood | Rivet | Woodward |
DeHart | Mans | Schauer | Woronchak |
Dennis
Nays--55
Allen | Garcia | Kowall | Richner |
Birkholz | Gilbert | Kuipers | Rocca |
Bisbee | Gosselin | Kukuk | Sanborn |
Bishop | Hager | LaSata | Scranton |
Bradstreet | Hale | Law | Shackleton |
Brown, C. | Hart | Mead | Shulman |
Byl | Howell | Middaugh | Stamas |
Callahan | Jamnick | Mortimer | Tabor |
Caul | Jansen | Pappageorge | Toy |
DeRossett | Jelinek | Patterson | Van Woerkom |
DeVuyst | Jellema | Perricone | Vander Roest |
DeWeese | Johnson, Rick | Pumford | Vear |
Ehardt | Julian | Raczkowski | Voorhees |
Faunce | Koetje | Richardville |
In The Chair: Scranton
Rep. Vander Roest moved to amend the bill as follows:
1. Amend page 2, line 6, by striking out all of enacting section 1.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Shackleton 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. Raczkowski 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
Third Reading of Bills
House Bill No. 4099, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.
Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 801 Yeas--47
Allen | Gilbert | Law | Sanborn |
Birkholz | Gosselin | Lockwood | Shackleton |
Bisbee | Green | Mead | Sheltrown |
Bradstreet | Hager | Middaugh | Shulman |
Caul | Jansen | Mortimer | Stamas |
DeRossett | Jelinek | Neumann | Tabor |
DeVuyst | Johnson, Rick | Pappageorge | Toy |
DeWeese | Julian | Patterson | Van Woerkom |
Ehardt | Koetje | Perricone | Vander Roest |
Faunce | Kowall | Raczkowski | Vear |
Garcia | Kukuk | Richner | Voorhees |
Geiger | LaSata | Rocca |
Nays--60
Baird | DeHart | Kelly | Rison |
Basham | Dennis | Kilpatrick | Rivet |
Bishop | Frank | Kuipers | Schauer |
Bogardus | Garza | LaForge | Schermesser |
Bovin | Gieleghem | Mans | Scott |
Brater | Godchaux | Martinez | Scranton |
Brewer | Hale | Minore | Spade |
Brown, B. | Hanley | O'Neil | Stallworth |
Brown, C. | Hansen | Pestka | Switalski |
Byl | Hardman | Price | Tesanovich |
Callahan | Hart | Prusi | Thomas |
Cherry | Howell | Pumford | Vaughn |
Clark, I. | Jacobs | Quarles | Wojno |
Clarke, H. | Jamnick | Reeves | Woodward |
Daniels | Jellema | Richardville | Woronchak |
In The Chair: Scranton
Rep. Raczkowski moved to reconsider the vote by which the House did not pass the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Raczkowski moved that consideration of the bill be postponed for the day.
The motion prevailed.
______
The Speaker assumed the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Raczkowski moved that part of Rule 45 be suspended.
The motion prevailed, 3/5 of the members voting therefor.
Rep. Raczkowski moved that the Committee on House Oversight and Operations be discharged from further consideration of House Resolution No. 121.
The motion prevailed, a majority of the members serving voting therefor.
The Speaker laid before the House
House Resolution No. 121.
A resolution honoring Judge Lido V. Bucci.
(For text of resolution, see House Journal No. 54, p. 1416.)
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Raczkowski moved to suspend Rule 44.
The motion prevailed, 3/5 of the members present voting therefor.
Messages from the Senate
Senate Concurrent Resolution No. 17.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, June 17, 1999, it stands adjourned until Tuesday, September 21, 1999, at 10:00 a.m. for the Senate and 2:00 p.m. for the House of Representatives.
The Senate has adopted the concurrent resolution.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
______
Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, September 21, at 2:00 p.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Neumann, Birkholz, Tesanovich, DeHart, Baird, Howell, Woodward, Callahan, Vaughn, Vear, Mead, Garcia, Koetje, Toy, Green, Julian, Bradstreet, Van Woerkom, LaForge, Scott, LaSata, Thomas Wojno, Bob Brown, Tabor, DeVuyst, Martinez, Gieleghem, Hale, Caul, Kowall, Cherry, Kilpatrick, Hansen, Prusi, Ehardt, DeWeese, Bovin, Dennis, Bogardus and Jamnick offered the following resolution:
House Resolution No. 138.
A resolution to commemorate the 25th anniversary of the Michigan Brown Trout Festival, Inc.
Whereas, Alpena's non-profit Michigan Brown Trout Festival, Incorporated began years ago as the dream of Lannie Kingsbury, Chuck Scheifele, Jim Boldrey, Don Bartosh, and Jack McCoy; and
Whereas, These dedicated Alpena citizens began with their own money an event that has grown to be a $100,000 annual tournament. The citizens of the Alpena area volunteer more than 3,500 hours annually during the festival plus many more hours throughout the rest of the year; and
Whereas, The event is one of the premier tournaments on the Great Lakes, weighing in almost 4,000 fish annually with prizes for salmon, lake trout, steelhead, and brown trout, including the elusive "Big Brownie," a tagged fish worth a $50,000 bond if caught; and
Whereas, It is a full family festival drawing from 10 other states and 2 countries with more than 100 Michigan communities represented; and
Whereas, The receipts of the event are split between twelve Alpena area service clubs for their own community advancement projects and have benefited from over $200,000 in payouts over the life of the tourney; and
Whereas, The Alpena area economy is boosted by up to $7 million during the 10-day festival; and
Whereas, Festival members work closely with Michigan DNR officials to help enhance the fishery, including the establishment of an 18 inch minimum keeper size; now, therefore, be it
Resolved by the House of Representatives, That we commemorate the Michigan Brown Trout Festival, Inc., on the occasion of its twenty-fifth anniversary of uninterrupted contributions to the citizens of the Alpena area, the state of Michigan, and beyond; and be it further
Resolved, That copies of this resolution be transmitted to organizers of this event as evidence of our esteem.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Julian, Green, Tabor, Sanborn, Voorhees, Gosselin, Kukuk, LaSata, Richardville, Richner, Hart, Faunce, Van Woerkom, Garcia, Cameron Brown, Vander Roest, Mead, Pumford, Bradstreet, Jellema, Lockwood, Byl, Stamas, Pappageorge, Rick Johnson, Allen, Birkholz, Jamnick, DeHart, Scott, Martinez, Tesanovich, Shackleton, Frank, Howell, Rocca, Sheltrown, Gieleghem, Jacobs, Bovin, Gilbert, Koetje, Baird, Woodward, Callahan, Vaughn, Vear, Jansen, Shulman, Woronchak, Toy, LaForge, Wojno, Bob Brown, DeVuyst, Hale, Caul, Kowall, Cherry, Kilpatrick, Neumann, Hansen, Prusi, Ehardt, DeWeese, Dennis and Bogardus offered the following resolution:
House Resolution No. 139.
A resolution to commemorate the 50th anniversary of the Michigan Fire Inspectors Society and to express appreciation for their valuable contributions in the state of Michigan.
Whereas, We are proud to join with the members, officers, and friends of the Michigan Fire Inspectors Society as they gather to mark the 50th anniversary of this outstanding group. This milestone is a reflection of unselfishness and commitment to the common good that is most commendable. Known as the Fire Department Inspectors Institute until 1955, the members of this distinguished organization celebrate 50 years of service. We offer our thanks for the gifts they have shared throughout Michigan; and
Whereas, The Michigan Fire Inspectors Society can trace its origins to 1949 and the aspirations of its founders. The first official meeting of the Michigan Fire Inspectors Society was held in the Quonset huts on the campus of the Michigan State College in 1950. In the years that have followed since they first came together, this organization has adapted to changes in society, membership, and expectations. This ability to grow and change has shown the belief that members have maintained in their mission of service, "to aid in the preservation of life and property through the exchange of ideas in fire prevention, education, and suppression and to encourage cooperation of state and local agencies in solving Michigan's fire problem"; and
Whereas, A long forerunner in fire safety and prevention education, fire safety organizations across the United States and throughout the world have modeled their programs after the Michigan Fire Inspectors Society. Members of the state government, municipal governments, industry, insurance, and the private sector unite to form the Michigan Fire Inspectors Society. Through the sharing of experience and ideas, as well as dedication to education, fire prevention, and inspection, thousands of lives have been saved and countless others have been spared the tragedy of pain, disfigurement, and loss; and
Whereas, With ceremonies to celebrate its history, the members and officers of the Michigan Fire Inspectors Society will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which the Michigan Fire Inspectors Society will continue to reach out in our state; now, therefore, be it
Resolved by the House of Representatives, That a unanimous accolade of tribute be hereby accorded to commemorate the 50th anniversary of the Michigan Fire Inspectors Society and to express appreciation for their valuable contributions in the state of Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Fire Inspectors Society as evidence of our esteem.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Julian, Birkholz, Tesanovich, DeHart, Baird, Howell, Woodward, Vaughn, Vear, Jansen, Kukuk, Mead, Bishop, Garcia, Shulman, Koetje, Toy, Green, Bradstreet, Van Woerkom, LaForge, Scott, LaSata, Wojno, Bob Brown, Tabor, DeVuyst, Gosselin, Faunce, Hale, Caul, Kowall, Cherry, Kilpatrick, Hansen, Prusi, Ehardt, DeWeese, Bovin, Dennis, Pappageorge, Bogardus, Jamnick, Allen and Rich Johnson offered the following resolution:
House Resolution No. 140.
A resolution proclaiming the 175th anniversary of the founding of the Village of Byron, Michigan.
Whereas, It is with great pride that we join with the good people of Byron in celebrating its 175th anniversary. As the residents of this community gather to pay their respects to the memory of those who established this village and to reaffirm their commitment for the future, we commend them and thank them for all that Byron has meant in helping to define the character of our beloved Great Lake State; and
Whereas, Founded in 1824 by Judge Samuel Dexter, Byron can trace its roots to the pioneer spirit of the men and women who first cleared the land and built the institutions and homes that make this community what we know and celebrate today. While those early pioneers would likely not recognize many of the things we take for granted now, they would recognize the pride that makes this community a home for individuals an families seeking a secure and prosperous tomorrow; and
Whereas, In observing an anniversary like the people of Byron, we all learn a little more about our hometowns. Often, in recalling the struggles of the founders, we gain new insights into how our neighborhoods, businesses, churches, and schools developed as they did. For the children of Byron, there are even greater rewards, as they discover that they are part of traditions of citizenship that will be with them all their lives. With the wonderful gifts they share, the people of Byron certainly have much reason for thanks and for optimism; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body encourage all residents, business people, and visitors of the Village of Byron to recognize and celebrate this milestone in ways that heighten civic pride and inspire further preservation of the historical, cultural, and natural characteristics that make Byron one of the most enchanting places on the face of the earth; and be it further
Resolved, That a copy of this resolution be transmitted to the officials of the Village of Byron as a token of our esteem.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Scott, Hardman, Birkholz, Tesanovich, DeHart, Baird, Howell, Woodward, Vaughn, Vear, Jansen, Garcia, Toy, Green, LaForge, Thomas, Wojno, Bob Brown, Hale, Kowall, Cherry, Kilpatrick, Hansen, Prusi, Ehardt, DeWeese, Dennis, Bogardus and Jamnick offered the following resolution:
House Resolution No. 141.
A resolution honoring LeRoi Ray, Jr.
Whereas, It is a pleasure and a privilege to honor Mr. LeRoi Ray, Jr., Professor of Black Americana Studies at Western Michigan University. Throughout his many years as an educator, Mr. Ray has touched many young minds and cultivated them into realizing their dreams; and
Whereas, LeRoi Ray, Jr., was born in Temple, Texas. He received his Bachelor of Science in Biology from Southern Methodist University where he completed post-baccalaureate studies in radiation biophysics, aerosol microbiology, and animal and plant physiology at Howard University, Arizona State University, and the University of Western California. He received his Ph.D. from the University of Massachusetts. He also taught biology and assisted in university relations at Johnson C. Smith University; and
Whereas, Mr. Ray joined the faculty at Western Michigan University in 1971 as the Director of the Black Americana Studies Program which is highly regarded as one of the best minority courses at any university. This is true because of LeRoi's vision to ensure that minorities become interested in science, and to realize that if you work hard and put your mind to it, science is exciting and challenging, but not as difficult as it may appear. LeRoi was in on the ground floor and a key person in organizing different programs, including the Alliance of Minority Science Students and the Hands-On Science Program. In working with the Kalamazoo Public Schools, Muskegon Community College, and Roosevelt University of Chicago, Mr. Ray received grants from Upjohn Corporation, Asgrow Seed Company, The American Chemical Society, the Nutritional Education Training Project, and the Michigan Department of Natural Resources. We feel extremely fortunate to learn of all the positive ideals, programs, grants, organizations, etc. which Mr. Ray has spent his life being involved with. May God continue to bless him and his efforts; and
Whereas, LeRoi Ray, Jr., also worked as a consultant and program developer for elementary and middle schools in Chicago and as consultant to the 31st and 32nd annual Chicago High School Science Fairs. He was asked by the president of Grambling University to evaluate and develop a plan to revise Louisiana's science education instructional programs and was keynote speaker at the Governor's Conference on Science Education in 1990. He also served as science consultant to the Hart Brothers' Farm in Holmes County, Mississippi; and
Whereas, LeRoi has become involved with the life and history of black cowboys in America. For more than eight years, he has been involved with setting up a cowboy museum at his farm. He has helped sponsor an annual regional rodeo in which elementary students go to Simpson Resort in Grand Junction, Michigan. The children have a fun-filled day of watching steer wrestling, bareback riding, and bull riding, and are involved in hands-on science workshops. Mr. Ray is so committed to the education of our minority young in the field of science, that whatever task he is involved in, science is always a part of the process; now, therefore, be it
Resolved by the House of Representatives, That we are indeed grateful to honor LeRoi Ray, Jr., for his great insight, wisdom, and genuine concern about our minority youth experiencing, learning, and enjoying the study of science; and be it further
Resolved, That a copy of this resolution be transmitted to Mr. Ray as evidence of our highest esteem.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Wojno, Birkholz, Tesanovich, DeHart, Baird, Howell, Woodward, Callahan, Vaughn, Vear, Jansen, Kukuk, Mead, Garcia, Koetje, Toy, Green, Julian, Bradstreet, LaForge, Scott, LaSata, Thomas, Bob Brown, DeVuyst, Gosselin, Faunce, Martinez, Gieleghem, Hale, Caul, Kowall, Cherry, Kilpatrick, Hansen, Prusi, Ehardt, DeWeese, Dennis, Pappageorge, Bogardus and Jamnick offered the following resolution:
House Resolution No. 142.
A resolution recognizing the Dodge City-Warren Truck Assembly Plant upon being distinguished by J.D. Powers and Associates for producing the Dodge Dakota as "BEST IN CLASS" in the compact pickup segment and the Dodge Ram Second "BEST IN CLASS" in the full-size pickup segment.
Whereas, The Dodge City-Warren Truck Assembly Plant has been located in the city of Warren for approximately 61 years and for the entire time has been producing high-quality vehicles to meet the many needs of people living and working both here in the United States and around the world. The Dodge City-Warren Truck Assembly Plant has provided a wide range of occupational opportunities for generations of area families; and
Whereas, The automotive industry is America's most vital industry, employing 2.3 million Americans in more than 4,000 facilities and 18,000 dealerships. Michigan, with its abundant raw materials, skilled work force, waterways to eastern markets, and engineering pioneers, was the birthplace of automobile industry; and
Whereas, The Dodge City-Warren Truck Assembly Plant employees 3,859 employees and is a major employer in the state of Michigan. The pride of winning this prestigious award is shared by the residents of the city of Warren and the entire state of Michigan; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize the employees of Daimler-Chrysler's Dodge City-Warren Truck Assembly Plant; and be it further
Resolved, That a copy of this resolution be transmitted to DaimlerChrysler's Dodge City-Warren Truck Assembly Plant as evidence of our highest esteem.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Richner offered the following resolution:
House Resolution No. 143.
A resolution to support efforts to advance peace and demilitarization in the Republic of Cyprus.
Whereas, This year marks the twenty-fifth anniversary of the Turkish invasion and occupation of Cyprus; and
Whereas, Since that time, the Republic of Cyprus has been divided and occupied by foreign forces in violation of Cypriot sovereignty. The United Nations has brought some stability to this tense situation since 1974, through diplomatic initiatives and the United Nations Peacekeeping Force in Cyprus; and
Whereas, There are internationally acceptable means to resolve the situation in Cyprus, including the demilitarization of Cyprus and the establishment of a multi-national force to ensure the security of both communities in Cyprus; and
Whereas, A peaceful, just, and lasting solution to the Cyprus problem would greatly enhance the security and political, economic, and social well-being of all Cypriots, as well as contribute to improved relations between Greece and Turkey; and
Whereas, The United Nations has continually stated the parameters for such a solution, most recently in United Nations Security Council Resolution 1217, which was adopted on December 22, 1998, with the support of the United States; and
Whereas, United Nations Security Council Resolution 1218 calls for the reduction of tensions on the island, through a staged process aimed at limiting and substantially reducing the level of all troops and armaments in Cyprus. Ultimately, this will lead to the demilitarization of the Republic of Cyprus; now, therefore, be it
Resolved by the House of Representatives, That we wholeheartedly endorse efforts to advance peace and demilitarization in the Republic of Cyprus; and be it further
Resolved, That copies of this resolution be transmitted to the United States Department of State for forwarding to the United Nations and the Republic of Cyprus.
The resolution was referred to the Committee on House Oversight and Operations.
Reps. Schauer, Jacobs, Dennis, Martinez, Switalski, Basham, Sheltrown, Spade, Hansen, Bovin, Cherry, Bogardus, Jamnick, Clarke, Bob Brown, O'Neil, Mans, Neumann, Sanborn, Hager, Tabor, Howell, Julian, Byl, Cameron Brown and Raczkowski offered the following resolution:
House Resolution No. 144.
A resolution to recognize Institutes for Learning in Retirement.
Whereas, The community of retired and semi-retired persons in Michigan is constantly increasing in numbers, and a great number of those persons are active, curious, thoughtful, knowledgeable, and in good health; and
Whereas, A substantial portion of this retired community consists of persons with lifelong experiences and educational backgrounds in the professions and the arts, as well as business and industry; and
Whereas, Many of these retired persons are active in the responsibilities of concerned citizenship and volunteering as well as contributing to their local communities; and
Whereas, This segment of the retired community has the will and experience to manage their affairs and, accordingly, desires the pursuit of educational programs and explores higher learning at their own pace, without the need for degrees, grades or examinations, but simply because they want to continue learning; and
Whereas, These institutes draw on the accumulated lifetime experience of their members; the members themselves develop and design their own studies, participate in the necessary work of inquiry and reading, stimulate meaningful discussion, set achievable educational objectives and carry out the planning and governing of their own activities within, and in support of their sponsoring institutions; and
Whereas, The multifaceted missions of Michigan's two- and four-year institutions of higher education may incorporate opportunities for these membership organizations through the use of campus facilities, benefiting not only retirees but local communities as well; and
Whereas, Kellogg Community College has sponsored an Institute for Learning in Retirement since 1993. There are currently 384 members that reside in Calhoun, Barry, Branch and Kalamazoo counties; and
Whereas, In addition to Kellogg Community College's Institute for Learning in Retirement, there are institutes at Bay de Noc College in Escanaba, Calvin College in Grand Rapids, Eastern Michigan University in Ann Arbor, Hope College in Holland, Lake Superior State College in Sault Ste. Marie, Oakland Community College in Farmington Hills, Spring Arbor College in Spring Arbor, University of Michigan in Ann Arbor, Northern Michigan University in Marquette and Alpena Community College in Alpena; now, therefore, be it
Resolved by the House of Representatives, That the state of Michigan recognizes and encourages the establishment of Institutes for Learning in Retirement for our seniors; and be it further
Resolved, That a copy of this resolution be transmitted to the Kellogg Community College Institute for Learning in Retirement as evidence of our esteem.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Sanborn, Patterson, Toy, Law, Stamas, Bishop, LaSata, Howell, Frank, Pestka, Gieleghem, Switalski, Baird, Callahan, Rocca, Clarke, Kukuk, Jansen, Wojno, Richner and Faunce offered the following resolution:
House Resolution No. 145.
A resolution honoring Judge John B. Bruff.
Whereas, It is with deep appreciation for the hard work, dedication, and professionalism that Judge John B. Bruff has put forth on behalf of the citizens of the 16th Judicial Circuit Court, Macomb County that we offer this expression of our appreciation for his continued legal excellence. As the legal community of Macomb County recognizes the loyalty and devotion to public service of this conscientious individual, we add our sentiments of gratitude for a job well done; and
Whereas, In his years of service to the people of Macomb County, Judge John B. Bruff has been working in the public arena during an era of great change. With the personal sense of duty that Judge John B. Bruff brings to work each day, however, he has been able to meet challenges with enthusiasm and a genuine interest in efficiency in this community. This has been greatly appreciated, both by the citizens and the legal community in Macomb County that have benefited directly from Judge John B. Bruff's work, as well as others in the judicial branch who have witnessed this fine example; and
Whereas, There can be little doubt that the record of Judge John B. Bruff in his responsibilities as Circuit Court Judge over the past several years will continue to reap rewards for the people of Macomb County. We offer our thanks to this individual's accomplishments; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body join with the citizens of Macomb County in saluting Judge John B. Bruff in acknowledgment of his outstanding years in legal service; and be it further
Resolved, That a copy of this resolution be transmitted to Judge John B. Bruff as a token of our esteem.
The resolution was referred to the Committee on House Oversight and Operations.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Friday, June 11:
House Bill Nos. 4760 4761 4762 4763 4764 4765 4766
House Joint Resolution J
Senate Bill Nos. 633 634 635 636 637 638 639 640 641
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 15, for his approval of the following bills:
Enrolled House Bill No. 4473 at 9:56 a.m.
Enrolled House Bill No. 4669 at 9:58 a.m.
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 16, for his approval of the following bills:
Enrolled House Bill No. 4082 at 4:29 p.m.
Enrolled House Bill No. 4499 at 4:31 p.m.
Enrolled House Bill No. 4509 at 4:33 p.m.
Enrolled House Bill No. 4586 at 4:35 p.m.
Enrolled House Bill No. 4658 at 4:37 p.m.
Enrolled House Bill No. 4659 at 4:39 p.m.
Enrolled House Bill No. 4666 at 4:41 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, June 16:
House Bill Nos. | 4767 | 4768 | 4769 | 4770 | 4771 | 4772 | 4773 | 4774 | 4775 | 4776 | 4777 | 4778 | 4779 | 4780 |
4781 | 4782 | 4783 | 4784 | 4785 | 4786 | 4787 | 4788 | 4789 | 4790 | 4791 | 4792 | 4793 | 4794 | |
4795 |
The Clerk announced that the following Senate bill had been received on Thursday, June 17:
Senate Bill No. 405
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4240, entitled
A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding sections 1308, 1310, and 1310a.
The Senate has concurred in the House substitute (H-3) to the Senate substitute (S-3).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4386, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," by amending section 601 (MCL 4.1601), as amended by 1993 PA 24.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4498, entitled
A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 6, 11, 11f, 11g, 13, 17b, 18, 20, 20b, 24, 26a, 31a, 31c, 36, 36a, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 91b, 94, 99, 101, 104a, 105, 107, 147, and 166b (MCL 388.1606, 388.1611, 388.1611f, 388.1611g, 388.1613, 388.1617b, 388.1618, 388.1620, 388.1620b, 388.1624, 388.1626a, 388.1631a, 388.1631c, 388.1636, 388.1636a, 388.1641, 388.1651a, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1663, 388.1667, 388.1668, 388.1674, 388.1681, 388.1691b, 388.1694, 388.1699, 388.1701, 388.1704a, 388.1705, 388.1707, 388.1747, and 388.1766b), sections 6,