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

 

 
AllenGeigerKuipersRocca
BirkholzGilbertKukukSanborn
BisbeeGosselinLaSataScranton
BishopGreenLawShackleton
BradstreetHagerMeadShulman
Brown, C.HartMiddaughStamas
BylHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJulianRaczkowskiVoorhees
FaunceKoetjeRichardvilleWoronchak
GarciaKowallRichner

 

 

Nays--42

 

 
BairdGarzaLockwoodRivet
BashamGieleghemMartinezSheltrown
BogardusHaleNeumannSpade
BovinHanleyO'NeilStallworth
BraterHansenPestkaSwitalski
BrewerHardmanPriceTesanovich
Brown, B.JacobsPrusiThomas
CallahanJamnickQuarlesVaughn
Clark, I.KellyReevesWojno
DanielsLaForgeRisonWoodward

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

 

 
AllenFrankLaSataRichner
BashamGarciaLawRocca
BirkholzGeigerLockwoodSanborn
BisbeeGilbertMansSchermesser
BishopGosselinMeadShackleton
BovinGreenMiddaughSheltrown
BradstreetHagerMortimerShulman
Brown, B.HartNeumannSpade
Brown, C.HowellO'NeilStamas
BylJansenPappageorgeTabor
CallahanJelinekPattersonToy
CaulJellemaPerriconeVan Woerkom
DeHartJohnson, RickPestkaVander Roest
DeRossettJulianPumfordVear
DeVuystKoetjeRaczkowskiVoorhees
DeWeeseKowallReevesWojno
EhardtKuipersRichardvilleWoronchak

Faunce Kukuk

 

 

Nays--32

 

 
BairdGarzaLaForgeScott
BogardusGodchauxLemmonsScranton
BraterHaleMartinezStallworth
CherryHanleyMinoreSwitalski
Clark, I.HansenPriceTesanovich
Clarke, H.HardmanPrusiThomas
DanielsJacobsQuarlesVaughn
DennisJamnickSchauerWoodward

 

 

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

 

 
BairdGarzaLaForgeSchermesser
BogardusGieleghemLemmonsScott
BraterGodchauxMartinezScranton
BrewerHaleMinoreStallworth
CherryHanleyPriceSwitalski
Clark, I.HansenPrusiTesanovich
Clarke, H.HardmanQuarlesThomas
DanielsJacobsRisonVaughn
DeHartJamnickSchauerWoodward

Dennis Kilpatrick

 

 

Nays--70

 

 
AllenGarciaLaSataRichner
BashamGeigerLawRivet
BirkholzGilbertLockwoodRocca
BisbeeGosselinMansSanborn
BishopGreenMeadShackleton
BovinHagerMiddaughSheltrown
BradstreetHartMortimerShulman
Brown, B.HowellNeumannSpade
Brown, C.JansenO'NeilStamas
BylJelinekPappageorgeTabor
CallahanJellemaPattersonToy
CaulJohnson, RickPerriconeVan Woerkom
DeRossettJulianPestkaVander Roest
DeVuystKellyPumfordVear
DeWeeseKoetjeRaczkowskiVoorhees
EhardtKowallReevesWojno
FaunceKuipersRichardvilleWoronchak

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

 

 
BairdGarzaLaForgeSchermesser
BogardusGieleghemLemmonsScott
BraterGodchauxMartinezScranton
BrewerHaleMinoreStallworth
CherryHanleyPriceSwitalski
Clark, I.HansenPrusiTesanovich
Clarke, H.HardmanQuarlesThomas
DanielsJacobsRisonVaughn
DeHartJamnickSchauerWoodward

Dennis Kilpatrick

 

 

Nays--69

 

 
AllenGarciaKukukRichner
BashamGeigerLaSataRivet
BirkholzGilbertLawRocca
BisbeeGosselinLockwoodSanborn
BishopGreenMansShackleton
BovinHagerMeadSheltrown
BradstreetHartMiddaughShulman
Brown, B.HowellMortimerSpade
Brown, C.JansenNeumannStamas
BylJelinekO'NeilTabor
CallahanJellemaPappageorgeToy
CaulJohnson, RickPattersonVan Woerkom
DeRossettJulianPerriconeVander Roest
DeVuystKellyPestkaVear
DeWeeseKoetjePumfordVoorhees
EhardtKowallRaczkowskiWojno
FaunceKuipersRichardvilleWoronchak

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

 

 
BairdGarzaLaForgeSchermesser
BogardusGieleghemLockwoodScott
BraterGodchauxMartinezScranton
BrewerHaleMinoreStallworth
CherryHanleyPriceSwitalski
Clark, I.HansenPrusiTesanovich
Clarke, H.HardmanQuarlesThomas
DanielsJacobsRisonVaughn
DeHartJamnickSchauerWoodward

Dennis Kilpatrick

 

 

Nays--68

 

 
AllenFrankKuipersRichner
BashamGarciaKukukRivet
BirkholzGeigerLaSataRocca
BisbeeGilbertLawSanborn
BishopGosselinMansShackleton
BovinGreenMeadSheltrown
BradstreetHagerMiddaughShulman
Brown, B.HartMortimerSpade
Brown, C.HowellNeumannStamas
BylJansenO'NeilTabor
CallahanJelinekPappageorgeToy
CaulJellemaPattersonVan Woerkom
DeRossettJohnson, RickPerriconeVander Roest
DeVuystJulianPestkaVear
DeWeeseKellyPumfordVoorhees
EhardtKoetjeRaczkowskiWojno
FaunceKowallRichardvilleWoronchak

 

 

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

 

 
BairdGarzaLaForgeSchermesser
BogardusGieleghemLemmonsScott
BraterGodchauxMartinezScranton
BrewerHaleMinoreStallworth
CherryHanleyPriceSwitalski
Clark, I.HansenPrusiTesanovich
Clarke, H.HardmanQuarlesThomas
DanielsJacobsRisonVaughn
DeHartJamnickSchauerWoodward

Dennis Kilpatrick

 

 

Nays--69

 

 
AllenGarciaLaSataRichner
BashamGeigerLawRivet
BirkholzGilbertLockwoodRocca
BisbeeGosselinMansSanborn
BishopGreenMeadShackleton
BovinHagerMiddaughSheltrown
BradstreetHartMortimerShulman
Brown, B.HowellNeumannSpade
Brown, C.JansenO'NeilStamas
BylJelinekPappageorgeTabor
CallahanJellemaPattersonToy
CaulJohnson, RickPerriconeVan Woerkom
DeRossettJulianPestkaVander Roest
DeVuystKoetjePumfordVear
DeWeeseKowallRaczkowskiVoorhees
EhardtKuipersReevesWojno
FaunceKukukRichardvilleWoronchak

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

 

 
BairdGarzaKilpatrickSchauer
BogardusGieleghemLaForgeScott
BraterGodchauxLemmonsScranton
BrewerHaleMartinezStallworth
CherryHanleyMinoreSwitalski
Clark, I.HansenPriceTesanovich
Clarke, H.HardmanPrusiThomas
DanielsJacobsQuarlesVaughn
DennisJamnickRisonWoodward

 

 

Nays--71

 

 
AllenFrankLaSataRivet
BashamGarciaLawRocca
BirkholzGeigerLockwoodSanborn
BisbeeGilbertMansSchermesser
BishopGosselinMeadShackleton
BovinGreenMiddaughSheltrown
BradstreetHagerMortimerShulman
Brown, B.HartNeumannSpade
Brown, C.HowellO'NeilStamas
BylJansenPappageorgeTabor
CallahanJelinekPattersonToy
CaulJellemaPerriconeVan Woerkom
DeHartJohnson, RickPestkaVander Roest
DeRossettJulianPumfordVear
DeVuystKoetjeRaczkowskiVoorhees
DeWeeseKowallReevesWojno
EhardtKuipersRichardvilleWoronchak
FaunceKukukRichner

 

 

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

 

 
AllenGarciaLawRivet
BashamGeigerLockwoodRocca
BirkholzGilbertMansSanborn
BisbeeGosselinMeadSchermesser
BishopGreenMiddaughShackleton
BovinHagerMortimerSheltrown
BradstreetHartNeumannShulman
Brown, B.HowellO'NeilSpade
Brown, C.JansenPappageorgeStamas
BylJelinekPattersonTabor
CallahanJellemaPerriconeToy
CaulJohnson, RickPestkaVan Woerkom
DeRossettJulianPumfordVander Roest
DeVuystKoetjeRaczkowskiVear
DeWeeseKowallReevesVoorhees
EhardtKuipersRichardvilleWojno
FaunceKukukRichnerWoronchak

Frank LaSata

 

 

Nays--34

 

 
BairdDennisJamnickSchauer
BogardusGarzaLaForgeScott
BraterGieleghemLemmonsScranton
BrewerGodchauxMartinezStallworth
CherryHalePriceSwitalski
Clark, I.HanleyPrusiThomas
Clarke, H.HansenQuarlesVaughn
DanielsHardmanRisonWoodward

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

 

 
BairdGieleghemLemmonsScott
BogardusGodchauxMartinezScranton
BraterHaleMinoreStallworth
BrewerHanleyPriceSwitalski
CherryHansenPrusiTesanovich
Clark, I.HardmanQuarlesThomas
DanielsJacobsRisonVaughn
DennisJamnickSchauerWoodward

Garza LaForge

 

 

Nays--71

 

 
AllenFrankLaSataRivet
BashamGarciaLawRocca
BirkholzGeigerLockwoodSanborn
BisbeeGilbertMansSchermesser
BishopGosselinMeadShackleton
BovinGreenMiddaughSheltrown
BradstreetHagerMortimerShulman
Brown, B.HartNeumannSpade
Brown, C.HowellO'NeilStamas
BylJansenPappageorgeTabor
CallahanJelinekPattersonToy
CaulJellemaPerriconeVan Woerkom
Clarke, H.Johnson, RickPestkaVander Roest
DeRossettJulianPumfordVear
DeVuystKoetjeRaczkowskiVoorhees
DeWeeseKowallReevesWojno
EhardtKuipersRichardvilleWoronchak
FaunceKukukRichner

 

 

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

 

 
BairdGarzaLaForgeSchermesser
BogardusGieleghemLemmonsScott
BraterGodchauxMartinezScranton
BrewerHaleMinoreStallworth
CherryHanleyPriceSwitalski
Clark, I.HansenPrusiTesanovich
Clarke, H.HardmanQuarlesThomas
DanielsJacobsRisonVaughn
DeHartJamnickSchauerWoodward

Dennis

 

 

Nays--68

 

 
AllenGarciaLaSataRichner
BashamGeigerLawRivet
BirkholzGilbertLockwoodRocca
BisbeeGosselinMansSanborn
BishopGreenMeadShackleton
BovinHagerMiddaughSheltrown
BradstreetHartMortimerShulman
Brown, B.HowellNeumannSpade
Brown, C.JansenO'NeilStamas
BylJelinekPappageorgeTabor
CallahanJellemaPattersonToy
CaulJohnson, RickPerriconeVan Woerkom
DeRossettJulianPestkaVander Roest
DeVuystKoetjePumfordVear
DeWeeseKowallRaczkowskiVoorhees
FaunceKuipersReevesWojno
FrankKukukRichardvilleWoronchak

 

 

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

 

 
AllenGarciaLawRivet
BashamGeigerLockwoodRocca
BirkholzGilbertMansSanborn
BisbeeGosselinMeadSchermesser
BishopGreenMiddaughShackleton
BovinHagerMortimerSheltrown
BradstreetHartNeumannShulman
Brown, B.HowellO'NeilSpade
Brown, C.JansenPappageorgeStamas
BylJelinekPattersonTabor
CallahanJellemaPerriconeToy
CaulJohnson, RickPestkaVan Woerkom
DeRossettJulianPumfordVander Roest
DeVuystKoetjeRaczkowskiVear
DeWeeseKowallReevesVoorhees
EhardtKuipersRichardvilleWojno
FaunceKukukRichnerWoronchak

Frank LaSata

Nays--37

 

 
BairdGarzaKilpatrickSchauer
BogardusGieleghemLaForgeScott
BraterGodchauxLemmonsScranton
BrewerHaleMartinezStallworth
CherryHanleyMinoreSwitalski
Clark, I.HansenPriceTesanovich
Clarke, H.HardmanPrusiThomas
DanielsJacobsQuarlesVaughn
DeHartJamnickRisonWoodward

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

 

 
AllenFrankKukukRichner
BashamGarciaLaSataRivet
BirkholzGeigerLawRocca
BisbeeGilbertLockwoodSanborn
BishopGosselinMansShackleton
BovinGreenMeadSheltrown
BradstreetHagerMiddaughShulman
Brown, B.HartMortimerSpade
Brown, C.HowellNeumannStamas
BylJansenO'NeilTabor
CallahanJelinekPappageorgeToy
CaulJellemaPattersonVan Woerkom
DeRossettJohnson, RickPerriconeVander Roest
DeVuystJulianPestkaVear
DeWeeseKoetjePumfordVoorhees
EhardtKowallRaczkowskiWojno
FaunceKuipersRichardvilleWoronchak

 

 

Nays--37

 

 
BairdGarzaLaForgeSchermesser
BogardusGieleghemLemmonsScott
BraterGodchauxMartinezScranton
BrewerHaleMinoreStallworth
CherryHanleyPriceSwitalski
Clark, I.HansenPrusiTesanovich
Clarke, H.HardmanQuarlesThomas
DanielsJacobsRisonVaughn
DeHartJamnickSchauerWoodward

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

 

 
AllenGilbertKuipersRichner
BirkholzGodchauxKukukRocca
BisbeeGosselinLaSataSanborn
BishopGreenLawScranton
BradstreetHagerMeadShackleton
Brown, C.HartMiddaughShulman
CaulHowellMortimerStamas
DeRossettJansenNeumannTabor
DeVuystJelinekPappageorgeToy
DeWeeseJellemaPattersonVan Woerkom
EhardtJohnson, RickPerriconeVander Roest
FaunceJulianPumfordVear
FrankKoetjeRaczkowskiVoorhees
GarciaKowallRichardvilleWoronchak

Geiger

 

 

Nays--39

 

 
BashamDanielsLaForgeSchermesser
BogardusDeHartLemmonsScott
BovinGarzaLockwoodSpade
BraterGieleghemO'NeilSwitalski
BrewerHalePriceTesanovich
Brown, B.HanleyPrusiThomas
CallahanHansenQuarlesVaughn
CherryHardmanReevesWojno
Clark, I.JacobsRisonWoodward
Clarke, H.KilpatrickRivet

 

 

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

 

 
AllenGarciaKukukRivet
BashamGarzaLaSataRocca
BirkholzGeigerLawSanborn
BisbeeGieleghemLemmonsSchauer
BishopGilbertLockwoodSchermesser
BogardusGodchauxMansScott
BovinGosselinMartinezScranton
BrewerGreenMeadShackleton
Brown, B.HagerMiddaughSheltrown
Brown, C.HaleMinoreShulman
BylHansenMortimerSpade
CallahanHardmanNeumannStamas
CaulHartO'NeilSwitalski
CherryHowellPappageorgeTabor
Clark, I.JacobsPattersonThomas
Clarke, H.JamnickPestkaToy
DanielsJansenPriceVan Woerkom
DennisJelinekPumfordVander Roest
DeRossettJellemaQuarlesVaughn
DeVuystJohnson, RickRaczkowskiVear
DeWeeseJulianReevesVoorhees
EhardtKoetjeRichardvilleWojno
FaunceKowallRichnerWoodward
FrankKuipersRisonWoronchak

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

 

 
AllenGeigerKukukSanborn
BirkholzGilbertLaSataSchauer
BisbeeGodchauxLawScranton
BishopGosselinMansShackleton
BradstreetGreenMeadSheltrown
BrewerHagerMiddaughShulman
Brown, C.HartMortimerSpade
BylHowellNeumannStamas
CaulJansenPappageorgeTabor
DeRossettJelinekPattersonToy
DeVuystJellemaPumfordVan Woerkom
DeWeeseJohnson, RickRaczkowskiVander Roest
EhardtJulianRichardvilleVear
FaunceKoetjeRichnerVoorhees
FrankKowallRoccaWoronchak

Garcia Kuipers

 

 

Nays--32

 

 
BashamDanielsJacobsSchermesser
BogardusDeHartLaForgeScott
BovinDennisLemmonsStallworth
BraterGarzaPriceSwitalski
Brown, B.GieleghemPrusiTesanovich
CallahanHaleQuarlesVaughn
Clark, I.HansenReevesWojno
Clarke, H.HardmanRisonWoodward

 

 

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

 

 
AllenGarciaLaSataRocca
BashamGeigerLawSanborn
BirkholzGilbertLockwoodSchermesser
BisbeeGosselinMansShackleton
BishopGreenMeadSheltrown
BovinHagerMiddaughShulman
BradstreetHartNeumannSpade
Brown, B.HowellO'NeilStamas
Brown, C.JansenPappageorgeTabor
BylJelinekPattersonToy
CaulJellemaPestkaVan Woerkom
DeRossettJohnson, RickPumfordVander Roest
DeVuystJulianRaczkowskiVear
DeWeeseKoetjeReevesVoorhees
EhardtKowallRichardvilleWojno
FaunceKuipersRichnerWoronchak
FrankKukukRivet

 

 

Nays--37

 

 
BairdGarzaKilpatrickSchauer
BogardusGieleghemLaForgeScott
BraterGodchauxLemmonsScranton
BrewerHaleMartinezStallworth
CherryHanleyMinoreSwitalski
Clark, I.HansenPriceTesanovich
Clarke, H.HardmanPrusiThomas
DanielsJacobsQuarlesVaughn
DeHartJamnickRisonWoodward

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

 

 
AllenFrankKuipersRichner
BairdGarciaKukukRivet
BashamGarzaLaForgeRocca
BirkholzGeigerLaSataSanborn
BisbeeGieleghemLawSchauer
BishopGilbertLemmonsSchermesser
BogardusGodchauxLockwoodScott
BovinGosselinMansScranton
BraterGreenMartinezShackleton
BrewerHagerMeadShulman
Brown, B.HaleMiddaughSpade
Brown, C.HansenMinoreStallworth
BylHardmanMortimerStamas
CallahanHartNeumannSwitalski
CaulHowellO'NeilTabor
CherryJacobsPappageorgeTesanovich
Clark, I.JamnickPattersonThomas
Clarke, H.JansenPestkaToy
DanielsJelinekPriceVan Woerkom
DeHartJellemaPrusiVander Roest
DennisJohnson, RickPumfordVear
DeRossettJulianQuarlesVoorhees
DeVuystKilpatrickRaczkowskiWojno
DeWeeseKoetjeReevesWoodward
EhardtKowallRichardvilleWoronchak

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

 

 
AllenFrankKukukRocca
BairdGarciaLaSataSanborn
BashamGarzaLawSchauer
BirkholzGeigerLemmonsSchermesser
BisbeeGieleghemLockwoodScott
BishopGilbertMansScranton
BogardusGodchauxMartinezShackleton
BovinGosselinMeadSheltrown
BradstreetGreenMiddaughShulman
BraterHagerMinoreSpade
BrewerHaleMortimerStallworth
Brown, B.HansenNeumannStamas
Brown, C.HardmanO'NeilSwitalski
BylHowellPappageorgeTabor
CallahanJacobsPattersonTesanovich
CaulJamnickPestkaThomas
CherryJansenPriceToy
Clark, I.JelinekPrusiVan Woerkom
Clarke, H.JellemaPumfordVander Roest
DanielsJohnson, RickQuarlesVaughn
DeHartJulianRaczkowskiVear
DeRossettKellyReevesVoorhees
DeVuystKoetjeRichardvilleWojno
DeWeeseKowallRichnerWoodward
EhardtKuipersRivetWoronchak

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

 

 
BairdDennisLockwoodSchermesser
BashamFrankMartinezScott
BogardusGarzaMinoreShackleton
BovinGieleghemNeumannSheltrown
BraterHaleO'NeilSpade
BrewerHansenPestkaStallworth
Brown, B.HardmanPrusiSwitalski
CallahanJacobsQuarlesTesanovich
CherryJamnickReevesThomas
Clark, I.KellyRisonVaughn
Clarke, H.LaForgeRivetWojno
DanielsLemmonsSchauerWoodward

DeHart

 

 

Nays--58

 

 
AllenGodchauxKuipersRichardville
BirkholzGosselinKukukRichner
BisbeeGreenLaSataRocca
BishopHagerLawSanborn
BradstreetHanleyMansScranton
Brown, C.HartMeadShulman
BylHowellMiddaughStamas
CaulJansenMortimerTabor
DeRossettJelinekPappageorgeToy
DeVuystJellemaPattersonVan Woerkom
DeWeeseJohnson, RickPerriconeVander Roest
FaunceJulianPriceVear
GarciaKilpatrickPumfordVoorhees
GeigerKoetjeRaczkowskiWoronchak

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

 

 
BairdDanielsKellyRison
BashamDeHartLaForgeSchauer
BogardusDennisLemmonsSchermesser
BovinFrankLockwoodScott
BraterGarzaMartinezSheltrown
BrewerGieleghemMinoreStallworth
Brown, B.HaleNeumannSwitalski
CallahanHansenPestkaThomas
CherryHardmanPrusiVaughn
Clark, I.JacobsQuarlesWojno
Clarke, H.JamnickReevesWoodward

 

 

Nays--62

 

 
AllenGodchauxKukukRivet
BirkholzGosselinLaSataRocca
BisbeeGreenLawSanborn
BishopHagerMansScranton
BradstreetHanleyMeadShackleton
Brown, C.HartMiddaughShulman
BylHowellMortimerSpade
CaulJansenO'NeilStamas
DeRossettJelinekPappageorgeTabor
DeVuystJellemaPattersonToy
DeWeeseJohnson, RickPerriconeVan Woerkom
EhardtJulianPumfordVander Roest
FaunceKilpatrickRaczkowskiVear
GarciaKoetjeRichardvilleVoorhees
GeigerKowallRichnerWoronchak

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

 

 
BairdDanielsKellySchauer
BashamDeHartLaForgeSchermesser
BogardusDennisLemmonsScott
BovinFrankLockwoodShackleton
BraterGarzaMartinezSheltrown
BrewerGieleghemMinoreSpade
Brown, B.HalePestkaStallworth
CallahanHansenPrusiSwitalski
CherryHardmanQuarlesVaughn
Clark, I.JacobsReevesWojno
Clarke, H.JamnickRivetWoodward

 

 

Nays--57

 

 
AllenGodchauxKukukRichardville
BirkholzGosselinLaSataRichner
BisbeeGreenLawRocca
BishopHagerMansSanborn
BradstreetHowellMeadScranton
Brown, C.JansenMiddaughShulman
BylJelinekMortimerStamas
CaulJellemaO'NeilTabor
DeVuystJohnson, RickPappageorgeToy
DeWeeseJulianPattersonVan Woerkom
EhardtKilpatrickPerriconeVander Roest
FaunceKoetjePriceVear
GarciaKowallPumfordVoorhees
GeigerKuipersRaczkowskiWoronchak

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

 

 
BairdFrankMartinezSchermesser
BashamGarzaMinoreScott
BogardusGieleghemNeumannShackleton
BraterHalePestkaStallworth
Brown, B.HansenPrusiSwitalski
CallahanHardmanQuarlesTesanovich
CaulJacobsReevesThomas
CherryJamnickRisonVan Woerkom
Clarke, H.KellyRivetVaughn
DanielsLaForgeRoccaWojno
DeHartLemmonsSchauerWoodward

Dennis Lockwood

 

 

Nays--60

 

 
AllenGilbertKowallRaczkowski
BirkholzGodchauxKuipersRichardville
BisbeeGosselinKukukRichner
BishopGreenLaSataSanborn
BovinHagerLawScranton
BradstreetHanleyMansSheltrown
Brown, C.HartMeadShulman
BylHowellMiddaughSpade
DeRossettJansenMortimerStamas
DeVuystJelinekO'NeilTabor
DeWeeseJellemaPappageorgeToy
EhardtJohnson, RickPattersonVander Roest
FaunceJulianPerriconeVear
GarciaKilpatrickPriceVoorhees
GeigerKoetjePumfordWoronchak

 

 

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

 

 
BairdFrankLemmonsSchermesser
BashamGarzaLockwoodScott
BogardusGieleghemMinoreShackleton
BraterGilbertNeumannSheltrown
Brown, B.HaleO'NeilSpade
CallahanHansenPestkaStallworth
CherryHardmanPrusiSwitalski
Clarke, H.JacobsQuarlesThomas
DanielsJamnickRisonVaughn
DeHartKellyRivetWojno
DennisLaForgeSchauerWoodward

Faunce

 

 

Nays--57

 

 
AllenGosselinKuipersRichardville
BirkholzGreenKukukRichner
BisbeeHagerLaSataRocca
BishopHanleyLawSanborn
BovinHartMansScranton
BradstreetHowellMeadShulman
Brown, C.JansenMiddaughStamas
BylJelinekMortimerTabor
CaulJellemaPappageorgeTesanovich
DeRossettJohnson, RickPattersonToy
DeVuystJulianPerriconeVan Woerkom
DeWeeseKilpatrickPriceVander Roest
EhardtKoetjePumfordVoorhees
GarciaKowallRaczkowskiWoronchak

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

 

 
BairdFaunceLemmonsRocca
BashamFrankLockwoodSanborn
BogardusGarzaMartinezSchauer
BraterGieleghemMinoreSchermesser
BrewerGilbertNeumannScott
CallahanHaleO'NeilShackleton
CherryHansenPestkaSheltrown
Clark, I.HardmanPrusiSwitalski
Clarke, H.JacobsQuarlesVaughn
DanielsJamnickReevesWojno
DeHartKellyRisonWoodward

Dennis LaForge

 

 

Nays--59

 

 
AllenGosselinKukukScranton
BirkholzGreenLaSataShulman
BisbeeHagerLawSpade
BishopHanleyMansStallworth
BovinHartMeadStamas
BradstreetHowellMiddaughTabor
Brown, C.JansenMortimerTesanovich
BylJelinekPappageorgeThomas
CaulJellemaPattersonToy
DeRossettJohnson, RickPerriconeVan Woerkom
DeVuystJulianPriceVander Roest
DeWeeseKilpatrickPumfordVear
EhardtKoetjeRaczkowskiVoorhees
GarciaKowallRichardvilleWoronchak
GodchauxKuipersRichner

 

 

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

 

 
BairdFrankMartinezSchauer
BashamGieleghemMinoreSchermesser
BogardusGilbertNeumannScott
BraterHaleO'NeilShackleton
BrewerHansenPrusiSheltrown
CallahanJacobsQuarlesSwitalski
Clarke, H.JamnickReevesTesanovich
DanielsKellyRisonVaughn
DeHartLaForgeRivetWojno
DennisLockwoodRoccaWoodward
FaunceMansSanborn

 

 

Nays--59

 

 
AllenGeigerKoetjeRaczkowski
BirkholzGodchauxKowallRichardville
BisbeeGosselinKuipersRichner
BishopGreenKukukScranton
BovinHagerLaSataShulman
BradstreetHanleyLawSpade
Brown, B.HardmanMeadStallworth
Brown, C.HartMiddaughStamas
BylHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPestkaVear
EhardtJulianPriceVoorhees
GarciaKilpatrickPumford

 

 

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

 

 
AllenFrankKukukRivet
BairdGarciaLaSataRocca
BashamGarzaLawSanborn
BirkholzGeigerLemmonsSchauer
BisbeeGieleghemLockwoodSchermesser
BishopGilbertMansScott
BogardusGodchauxMartinezScranton
BovinGreenMeadShackleton
BradstreetHagerMiddaughSheltrown
BraterHaleMinoreShulman
BrewerHanleyMortimerSpade
Brown, B.HansenNeumannStallworth
Brown, C.HardmanO'NeilStamas
BylHartPappageorgeSwitalski
CallahanHowellPattersonTabor
CaulJacobsPerriconeTesanovich
CherryJamnickPestkaThomas
Clark, I.JansenPriceToy
Clarke, H.JelinekPrusiVan Woerkom
DanielsJellemaPumfordVander Roest
DeHartJohnson, RickQuarlesVaughn
DennisJulianRaczkowskiVear
DeRossettKellyReevesVoorhees
DeVuystKilpatrickRichardvilleWojno
DeWeeseKoetjeRichnerWoodward
EhardtKowallRisonWoronchak

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

 

 
BairdGarzaMansSchermesser
BashamGieleghemMartinezScott
BogardusHagerMinoreShackleton
BovinHaleNeumannSheltrown
BraterHansenO'NeilSpade
BrewerJacobsPestkaSwitalski
Brown, B.JamnickPriceTesanovich
CallahanJulianPrusiVander Roest
Clark, I.KellyQuarlesVaughn
Clarke, H.LaForgeRichardvilleWojno
DeHartLemmonsRisonWoodward
DennisLockwoodRivetWoronchak

Frank

 

 

Nays--53

 

 
AllenGilbertKowallReeves
BirkholzGodchauxKuipersRichner
BisbeeGosselinKukukRocca
BishopGreenLaSataSanborn
BradstreetHanleyLawScranton
Brown, C.HardmanMeadShulman
BylHartMiddaughStallworth
CaulJansenMortimerStamas
DeRossettJelinekPappageorgeTabor
DeWeeseJellemaPattersonToy
EhardtJohnson, RickPerriconeVan Woerkom
FaunceKilpatrickPumfordVear
GarciaKoetjeRaczkowskiVoorhees

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

 

 
BairdDeHartLemmonsSchermesser
BashamDennisMansScott
BirkholzFrankMartinezShackleton
BogardusGarzaMiddaughSheltrown
BovinGieleghemMinoreSpade
BradstreetGosselinNeumannStamas
BraterHaleO'NeilSwitalski
BrewerHansenPrusiTesanovich
Brown, B.JacobsRichardvilleVander Roest
CallahanJamnickRisonVaughn
CaulJulianRivetWojno
CherryKellyRoccaWoodward
Clark, I.LaForgeSchauerWoronchak

Clarke, H.

 

 

Nays--51

 

 
AllenGodchauxKuipersReeves
BisbeeHagerKukukRichner
BishopHanleyLaSataSanborn
Brown, C.HardmanLawScranton
BylHartLockwoodShulman
DeRossettHowellMeadStallworth
DeVuystJansenMortimerTabor
DeWeeseJelinekPappageorgeThomas
EhardtJellemaPattersonToy
FaunceJohnson, RickPerriconeVan Woerkom
GarciaKilpatrickPriceVear
GeigerKoetjePumfordVoorhees
GilbertKowallRaczkowski

 

 

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

 

 
BairdDeHartLockwoodSchauer
BashamDennisMansSchermesser
BogardusFrankMartinezScott
BovinGarzaMinoreShackleton
BraterHansenNeumannSheltrown
BrewerJacobsO'NeilSwitalski
CherryJamnickPrusiTesanovich
Clark, I.KellyQuarlesVaughn
Clarke, H.LaForgeRisonWoodward

Daniels Lemmons

 

 

Nays--66

 

 
AllenGilbertKuipersRivet
BirkholzGodchauxKukukRocca
BisbeeGosselinLaSataSanborn
BishopGreenLawScranton
BradstreetHagerMeadShulman
Brown, B.HaleMiddaughSpade
Brown, C.HardmanMortimerStamas
BylHartPappageorgeTabor
CallahanHowellPattersonThomas
CaulJansenPerriconeToy
DeRossettJelinekPriceVan Woerkom
DeVuystJellemaPumfordVander Roest
DeWeeseJohnson, RickRaczkowskiVear
EhardtJulianReevesVoorhees
FaunceKilpatrickRichardvilleWojno
GarciaKoetjeRichnerWoronchak

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

 

 
BairdFrankLockwoodScott
BashamGarzaMansShackleton
BogardusGieleghemMartinezSheltrown
BovinGilbertMinoreSpade
BraterHaleNeumannSwitalski
Brown, B.HansenO'NeilTesanovich
CallahanHardmanPrusiThomas
CherryJacobsQuarlesVaughn
Clark, I.JamnickReevesWojno
Clarke, H.KellyRisonWoodward
DeHartLaForgeSchauerWoronchak
DennisLemmonsSchermesser

 

 

Nays--56

 

 
AllenGeigerKowallRichardville
BirkholzGodchauxKuipersRichner
BisbeeGosselinKukukRocca
BishopGreenLaSataSanborn
BradstreetHagerLawScranton
Brown, C.HartMeadShulman
BylHowellMiddaughStallworth
CaulJansenMortimerStamas
DeRossettJelinekPappageorgeTabor
DeVuystJellemaPattersonToy
DeWeeseJohnson, RickPerriconeVan Woerkom
EhardtJulianPriceVander Roest
FaunceKilpatrickPumfordVear
GarciaKoetjeRaczkowskiVoorhees

 

 

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

 

 
AllenGarciaLaSataSanborn
BairdGarzaLawSchauer
BashamGeigerLemmonsSchermesser
BirkholzGodchauxLockwoodScott
BisbeeGreenMansScranton
BovinHagerMartinezSheltrown
BraterHaleMeadShulman
BrewerHansenMinoreSpade
Brown, B.HardmanMortimerStallworth
BylHartO'NeilStamas
CallahanHowellPappageorgeSwitalski
CaulJacobsPattersonTabor
CherryJansenPerriconeTesanovich
Clark, I.JelinekPestkaThomas
Clarke, H.JellemaPriceToy
DanielsJohnson, RickPrusiVan Woerkom
DeHartJulianPumfordVaughn
DennisKellyQuarlesVear
DeRossettKilpatrickRaczkowskiVoorhees
DeVuystKoetjeReevesWojno
DeWeeseKowallRichnerWoodward
EhardtKuipersRisonWoronchak
FrankKukukRivet

 

 

Nays--16

 

 
BishopFaunceJamnickRichardville
BogardusGieleghemLaForgeRocca
BradstreetGilbertMiddaughShackleton
Brown, C.GosselinNeumannVander 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

 

 
AllenGeigerLockwoodRocca
BairdGieleghemMansSchauer
BashamGodchauxMartinezSchermesser
BisbeeHaleMeadScott
BogardusHanleyMiddaughScranton
BovinHansenMortimerShackleton
BraterHardmanNeumannSheltrown
BrewerHowellO'NeilShulman
Brown, B.JacobsPappageorgeSpade
CallahanJamnickPattersonStallworth
CaulJelinekPerriconeSwitalski
CherryJellemaPestkaTabor
Clark, I.Johnson, RickPriceTesanovich
Clarke, H.JulianPrusiThomas
DanielsKellyPumfordToy
DeHartKilpatrickQuarlesVan Woerkom
DennisKoetjeRaczkowskiVander Roest
DeRossettKowallReevesVaughn
DeWeeseKukukRichardvilleVear
EhardtLaForgeRichnerWojno
FaunceLaSataRisonWoodward
FrankLawRivetWoronchak

Garza Lemmons

 

 

Nays--17

 

 
BirkholzDeVuystGreenKuipers
BishopGarciaHagerSanborn
BradstreetGilbertHartStamas
Brown, C.GosselinJansenVoorhees

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

 

 
AllenFaunceKowallRivet
BairdFrankKuipersRocca
BashamGarciaKukukSanborn
BirkholzGarzaLaForgeSchauer
BisbeeGeigerLaSataSchermesser
BishopGieleghemLawScott
BogardusGilbertLemmonsScranton
BovinGodchauxLockwoodShackleton
BradstreetGosselinMansSheltrown
BraterGreenMartinezShulman
BrewerHagerMeadSpade
Brown, B.HaleMiddaughStallworth
Brown, C.HanleyMortimerStamas
BylHansenNeumannSwitalski
CallahanHardmanO'NeilTabor
CaulHartPappageorgeTesanovich
CherryHowellPattersonThomas
Clark, I.JacobsPerriconeToy
Clarke, H.JansenPestkaVan Woerkom
DanielsJelinekPriceVander Roest
DeHartJellemaPrusiVaughn
DennisJohnson, RickPumfordVear
DeRossettJulianQuarlesVoorhees
DeVuystKellyRaczkowskiWojno
DeWeeseKilpatrickRichardvilleWoodward
EhardtKoetjeRichnerWoronchak

 

 

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 positions7,065,500
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

 

 
AllenFaunceKowallRison
BairdFrankKuipersRivet
BashamGarciaKukukRocca
BirkholzGarzaLaSataSanborn
BisbeeGeigerLawSchauer
BishopGieleghemLemmonsSchermesser
BogardusGilbertLockwoodScott
BovinGodchauxMansScranton
BradstreetGreenMartinezShackleton
BraterHagerMeadSheltrown
BrewerHaleMiddaughShulman
Brown, B.HanleyMortimerSpade
Brown, C.HansenNeumannStallworth
BylHardmanO'NeilStamas
CallahanHartPappageorgeSwitalski
CaulHowellPattersonTabor
CherryJacobsPerriconeTesanovich
Clark, I.JamnickPestkaToy
Clarke, H.JansenPriceVan Woerkom
DanielsJelinekPrusiVander Roest
DeHartJellemaPumfordVaughn
DennisJohnson, RickQuarlesVear
DeRossettJulianRaczkowskiVoorhees
DeVuystKellyReevesWojno
DeWeeseKilpatrickRichardvilleWoodward
EhardtKoetjeRichnerWoronchak

 

 

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

 

 
AllenFrankKowallRivet
BairdGarciaKuipersRocca
BashamGarzaKukukSanborn
BirkholzGeigerLaSataSchauer
BisbeeGieleghemLawSchermesser
BishopGilbertLemmonsScott
BogardusGodchauxLockwoodScranton
BradstreetGosselinMansShackleton
BraterGreenMartinezSheltrown
BrewerHagerMeadShulman
Brown, B.HaleMiddaughSpade
Brown, C.HanleyMortimerStallworth
BylHansenNeumannStamas
CallahanHardmanO'NeilSwitalski
CaulHartPappageorgeTabor
CherryHowellPattersonTesanovich
Clark, I.JacobsPerriconeThomas
Clarke, H.JamnickPestkaToy
DanielsJansenPriceVan Woerkom
DeHartJelinekPrusiVander Roest
DennisJellemaPumfordVaughn
DeRossettJohnson, RickRaczkowskiVear
DeVuystJulianReevesVoorhees
DeWeeseKellyRichardvilleWojno
EhardtKilpatrickRichnerWoodward
FaunceKoetjeRisonWoronchak

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 payments39,65540,805
Subtotal 214,186224,103

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 stabilization0111 1,040.196.3 1,104.4
Game and fish protection0112 9.247.1 8.2
Michigan employment security act administration0113 0.0 149.7 0.0
State aeronautics0114 3.790.1 0.0
Michigan veterans' benefit trust0115 0.00.4 0.0
State trunkline0116 5.01,581.6 0.0
Michigan state waterways011716.122.1 6.4
Blue water bridge0118 1.411.0 0.0
Michigan transportation0119 0.01,844.6 0.0 Comprehensive transportation
0120 0.0 247.4 0.0
School aid0122433.810,549.8495.5
Marine safety0123 3.44.8 2.2
Game and fish protection trust0124 0.09.2 0.0
State park improvement012510.128.213.9
Forest development0126 3.420.8 0.0
Michigan civilian conservation corps endowment0128 1.91.2 1.8
Michigan natural resources trust0129 0.037.7 0.0
Michigan state parks endowment0130 0.015.5 5.4
Safety education and training0131 2.95.5 2.2
Uninsured employers' security0135 0.01.4 0.0
Bottle deposit013620.016.1 5.0
School bond loan013746.0 130.0109.3
State construction code0138 6.29.0 4.8
Children's trust0139 0.34.7 0.1
Homeowner construction lien recovery0141 1.60.3 0.5
Michigan nongame fish and wildlife0143 0.70.9 0.9
Michigan underground storage tank finance assurance0160 0.065.8 0.0
State building authority0165 0.00.4 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

 

 
AllenFaunceKuipersRivet
BairdFrankKukukSanborn
BashamGarciaLaSataSchauer
BirkholzGarzaLawSchermesser
BisbeeGeigerLockwoodScott
BishopGieleghemMansScranton
BogardusGilbertMartinezShackleton
BovinGodchauxMeadSheltrown
BradstreetGreenMiddaughShulman
BraterHagerMinoreSpade
BrewerHaleMortimerStallworth
Brown, B.HanleyNeumannStamas
Brown, C.HansenO'NeilSwitalski
BylHardmanPappageorgeTabor
CallahanHartPattersonTesanovich
CaulHowellPerriconeThomas
CherryJacobsPestkaToy
Clark, I.JamnickPriceVan Woerkom
Clarke, H.JansenPrusiVander Roest
DanielsJelinekPumfordVaughn
DeHartJellemaQuarlesVear
DennisJohnson, RickRaczkowskiVoorhees
DeRossettJulianReevesWojno
DeVuystKellyRichardvilleWoodward
DeWeeseKoetjeRichnerWoronchak
EhardtKowallRison

 

 

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 positions6,276,700

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 fund102,353,500

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

 

 
AllenFrankKuipersRivet
BairdGarciaKukukRocca
BashamGarzaLaSataSanborn
BirkholzGeigerLawSchauer
BishopGieleghemLockwoodSchermesser
BogardusGilbertMansScott
BovinGodchauxMartinezScranton
BradstreetGreenMeadShackleton
BraterHagerMiddaughSheltrown
BrewerHaleMinoreShulman
Brown, B.HanleyMortimerSpade
Brown, C.HansenNeumannStamas
BylHardmanO'NeilSwitalski
CallahanHartPappageorgeTabor
CaulHowellPattersonTesanovich
CherryJacobsPerriconeThomas
Clark, I.JamnickPestkaToy
Clarke, H.JansenPriceVan Woerkom
DanielsJelinekPrusiVander Roest
DeHartJellemaPumfordVaughn
DennisJohnson, RickQuarlesVear
DeRossettJulianRaczkowskiVoorhees
DeVuystKellyReevesWojno
DeWeeseKilpatrickRichardvilleWoodward
EhardtKoetjeRichnerWoronchak
FaunceKowallRison

 

 

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 services432,600

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 positions9,675,800
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

 

 
AllenFaunceKoetjeRichner
BairdFrankKowallRocca
BashamGarciaKuipersSanborn
BirkholzGarzaKukukScott
BisbeeGeigerLaSataScranton
BishopGieleghemLawShackleton
BogardusGilbertLemmonsSheltrown
BovinGodchauxLockwoodShulman
BradstreetGreenMartinezSpade
BraterHagerMeadStallworth
BrewerHanleyMiddaughStamas
Brown, B.HansenMortimerSwitalski
Brown, C.HardmanNeumannTabor
BylHartPappageorgeThomas
CallahanHowellPattersonToy
CaulJacobsPerriconeVan Woerkom
CherryJamnickPestkaVander Roest
Clark, I.JansenPriceVaughn
DanielsJelinekPumfordVear
DennisJellemaQuarlesVoorhees
DeRossettJohnson, RickRaczkowskiWojno
DeVuystJulianReevesWoodward
DeWeeseKilpatrickRichardvilleWoronchak

Ehardt

 

 

Nays--15

 

 
Clarke, H.KellyO'NeilSchauer
DeHartLaForgePrusiSchermesser
GosselinMansRisonTesanovich
HaleMinoreRivet

 

 

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

 

 
AllenGeigerKoetjeRocca
BashamGieleghemKowallSanborn
BirkholzGilbertKuipersScranton
BisbeeGodchauxKukukShackleton
BishopGreenLaSataShulman
BradstreetHagerLawSpade
Brown, B.HanleyMeadStamas
Brown, C.HansenMiddaughSwitalski
BylHartMortimerTabor
CallahanHowellPappageorgeToy
CaulJansenPattersonVan Woerkom
DeRossettJelinekPerriconeVander Roest
DeVuystJellemaPumfordVear
DeWeeseJohnson, RickRaczkowskiVoorhees
EhardtJulianRichardvilleWojno
FaunceKilpatrickRichnerWoronchak

Garcia

 

 

Nays--42

 

 
BairdFrankMansRivet
BogardusGarzaMartinezSchauer
BovinGosselinMinoreSchermesser
BraterHaleNeumannScott
BrewerHardmanO'NeilSheltrown
CherryJacobsPestkaStallworth
Clark, I.JamnickPriceTesanovich
Clarke, H.KellyPrusiThomas
DanielsLaForgeReevesVaughn
DeHartLemmonsRisonWoodward

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

 

 
AllenDennisLaForgeRivet
BairdFrankLockwoodSchauer
BashamGarzaMansSchermesser
BogardusGieleghemMartinezScott
BovinHaleMinoreSheltrown
BraterHanleyNeumannSpade
BrewerHansenO'NeilStallworth
Brown, B.HardmanPestkaSwitalski
CallahanJacobsPriceTesanovich
CherryJamnickPrusiThomas
Clark, I.Johnson, RickQuarlesVaughn
Clarke, H.KellyReevesWojno
DanielsKilpatrickRisonWoodward

DeHart

 

 

Nays--54

 

 
BirkholzGilbertKukukRocca
BisbeeGodchauxLaSataSanborn
BishopGosselinLawScranton
BradstreetGreenMeadShackleton
Brown, C.HagerMiddaughShulman
BylHartMortimerStamas
CaulHowellPappageorgeTabor
DeRossettJansenPattersonToy
DeVuystJelinekPerriconeVan Woerkom
DeWeeseJellemaPumfordVander Roest
EhardtJulianRaczkowskiVear
FaunceKoetjeRichardvilleVoorhees
GarciaKowallRichnerWoronchak

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

 

 
BairdDennisMansSchauer
BashamGarzaMartinezSchermesser
BogardusGieleghemMinoreScott
BovinHaleNeumannSheltrown
BraterHanleyO'NeilSpade
BrewerHansenPestkaStallworth
Brown, B.HardmanPriceSwitalski
CallahanJacobsPrusiTesanovich
CherryJamnickQuarlesThomas
Clark, I.KellyReevesVaughn
Clarke, H.KilpatrickRisonWojno
DanielsLaForgeRivetWoodward

DeHart Lockwood

 

 

Nays--55

 

 
AllenGilbertKuipersRocca
BirkholzGodchauxKukukSanborn
BisbeeGosselinLaSataScranton
BishopGreenLawShackleton
BradstreetHagerMeadShulman
Brown, C.HartMiddaughStamas
BylHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJulianRaczkowskiVoorhees
FaunceKoetjeRichardvilleWoronchak
GarciaKowallRichner

 

 

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

 

 
BairdDeHartLockwoodSchermesser
BashamDennisMansScott
BogardusGarzaMartinezSheltrown
BovinGieleghemMinoreSpade
BraterHaleNeumannStallworth
BrewerHanleyO'NeilSwitalski
Brown, B.HansenPestkaTesanovich
CallahanHardmanPriceThomas
CherryJacobsPrusiVaughn
Clark, I.JamnickReevesWojno
Clarke, H.KellyRisonWoodward
DanielsKilpatrickRivet

Nays--55

 

 
AllenGilbertKukukRocca
BirkholzGodchauxLaSataSanborn
BisbeeGosselinLawScranton
BishopHagerMeadShackleton
BradstreetHartMiddaughShulman
Brown, C.HowellMortimerStamas
BylJansenPappageorgeTabor
CaulJelinekPattersonToy
DeRossettJellemaPerriconeVan Woerkom
DeVuystJohnson, RickPumfordVander Roest
DeWeeseJulianQuarlesVear
EhardtKoetjeRaczkowskiVoorhees
FaunceKowallRichardvilleWoronchak
GarciaKuipersRichner

 

 

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

 

 
AllenGeigerLockwoodShackleton
BirkholzGreenNeumannSheltrown
BradstreetJohnson, RickRaczkowskiStamas
CaulKoetjeRivetToy
EhardtLawRoccaWoronchak

 

 

Nays--87

 

 
BairdFrankKowallRichner
BashamGarciaKuipersRison
BisbeeGarzaKukukSanborn
BishopGieleghemLaForgeSchauer
BogardusGilbertLaSataSchermesser
BovinGodchauxMansScott
BraterGosselinMartinezScranton
BrewerHagerMeadShulman
Brown, B.HaleMiddaughSpade
Brown, C.HanleyMinoreStallworth
BylHansenMortimerSwitalski
CallahanHardmanO'NeilTabor
CherryHartPappageorgeTesanovich
Clark, I.HowellPattersonThomas
Clarke, H.JacobsPerriconeVan Woerkom
DanielsJamnickPestkaVander Roest
DeHartJansenPriceVaughn
DennisJelinekPrusiVear
DeRossettJellemaPumfordVoorhees
DeVuystJulianQuarlesWojno
DeWeeseKellyReevesWoodward
FaunceKilpatrickRichardville

 

 

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

 

 
BairdFrankMartinezSchermesser
BashamGarzaMinoreScott
BogardusGieleghemNeumannSheltrown
BovinGreenO'NeilSpade
BraterHanleyPestkaStallworth
BrewerHansenPriceSwitalski
Brown, B.HardmanPrusiTesanovich
CherryJacobsQuarlesThomas
Clark, I.KellyReevesVaughn
Clarke, H.KilpatrickRisonWojno
DanielsLockwoodRivetWoodward
DeHartMansSchauerWoronchak

Dennis

 

 

Nays--55

 

 
AllenGarciaKowallRichner
BirkholzGilbertKuipersRocca
BisbeeGosselinKukukSanborn
BishopHagerLaSataScranton
BradstreetHaleLawShackleton
Brown, C.HartMeadShulman
BylHowellMiddaughStamas
CallahanJamnickMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJulianRaczkowskiVoorhees
FaunceKoetjeRichardville

 

 

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

 

 
AllenGilbertLawSanborn
BirkholzGosselinLockwoodShackleton
BisbeeGreenMeadSheltrown
BradstreetHagerMiddaughShulman
CaulJansenMortimerStamas
DeRossettJelinekNeumannTabor
DeVuystJohnson, RickPappageorgeToy
DeWeeseJulianPattersonVan Woerkom
EhardtKoetjePerriconeVander Roest
FaunceKowallRaczkowskiVear
GarciaKukukRichnerVoorhees
GeigerLaSataRocca

Nays--60

 

 
BairdDeHartKellyRison
BashamDennisKilpatrickRivet
BishopFrankKuipersSchauer
BogardusGarzaLaForgeSchermesser
BovinGieleghemMansScott
BraterGodchauxMartinezScranton
BrewerHaleMinoreSpade
Brown, B.HanleyO'NeilStallworth
Brown, C.HansenPestkaSwitalski
BylHardmanPriceTesanovich
CallahanHartPrusiThomas
CherryHowellPumfordVaughn
Clark, I.JacobsQuarlesWojno
Clarke, H.JamnickReevesWoodward
DanielsJellemaRichardvilleWoronchak

 

 

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. 47674768476947704771477247734774477547764777477847794780
47814782478347844785478647874788478947904791479247934794
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,