The House was called to order by the Speaker.

 

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

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--e/d/s

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--e/d/s

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--e/d/s

Gubow--e/d/s

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--excused

 

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--e/d/s

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Miss Raechel Martz, representing the State of Michigan in America's Junior Miss Program in Mobile, Alabama, offered the following invocation:

 

"Thank you for the opportunity to be here this afternoon. The Be Your Best Self promise declares, 'I want to help improve the world by making good decisions, so I promise to keep morality, integrity, honesty, love, respect and hope in my life.'

Dear Lord, Help each of us to understand the value of these characteristics and their positive effects on our lives. Let us work to share them with the children of our state, so that they may grow to improve their every day experiences. And, bless the distinguished members of our state government, as they weave morality, integrity, honesty, love, respect and hope into the policies they shape and decisions they make for the people of Michigan. Amen."

 

 

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

Rep. Hammerstrom moved that Rep. Dalman be excused temporarily from today's session.

The motion prevailed.

 

 

 

 

The Speaker laid before the House

Senate Concurrent Resolution No. 13.

A concurrent resolution approving a general form of lease between the State of Michigan and the State Building Authority, relative to furnishings and equipment to be leased to the State of Michigan.

(For text of resolution, see House Journal No. 26, p. 494.)

(The resolution was reported by the Committee on Appropriations on June 5, consideration of which was postponed until June 10 under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

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

 

 

Roll Call No. 463 Yeas--98

 

 

Emerson Kelly

 

 

Nays--0

 

 

In The Chair: Murphy

 

 

 

 

Rep. Cropsey entered the House Chambers.

 

Rep. Palamara entered the House Chambers.

 

Rep. Galloway entered the House Chambers.

 

 

The Speaker laid before the House

Senate Concurrent Resolution No. 24.

A concurrent resolution to reappoint Thomas H. McTavish, C.P.A., as Auditor General.

(For text of resolution, see House Journal No. 23, p. 405.)

(The concurrent resolution was reported by the Committee on House Oversight and Ethics on June 10, consideration of which was postponed until June 12 under the rules.)

The question being on the adoption of the concurrent resolution,

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

 

 

 

 

Senate Bill No. 164, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

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

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

Rep. Jaye moved to amend the bill as follows:

1. Amend page 9, line 16, by striking out all of line 16.

2. Amend page 9, line 18, by striking out all of line 18 and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 23, line 17, by striking out all of section 404.

4. Amend page 29, line 12, by striking out all of section 803.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 4, line 8, by striking out "6,313,900" and inserting "6,484,400".

2. Amend page 9, line 22, by striking out all of line 22 and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 22, line 19, after "services," by striking out "$783,500.00" and inserting "$954,000.00".

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 9, following line 22, by inserting:

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 30, following line 7, by inserting:

"Sec. 806. From the funds appropriated in section 101 for gambling addiction education, the department shall disseminate information on treatment for persons with compulsive gambling disorders. The information shall include a telephone number for access to a treatment program or programs for gambling addiction. The department shall coordinate with the lottery commissioner on implementing this section.".

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

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 164, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Tesanovich moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

 

 

Rep. Griffin entered the House Chambers.

 

 

 

 

Senate Bill No. 342, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 411h and 411i (MCL 750.411h and 750.411i), section 411h as added by 1992 PA 260 and section 411i as added by 1992 PA 261.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 51, p. 1117),

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

Reps. Gubow and Nye moved to amend the bill as follows:

1. Amend page 3, line 14, after "IS" by striking out "2" and inserting "5".

2. Amend page 7, line 11, after "IS" by striking out "2" and inserting "5".

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

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 342, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 411h and 411i (MCL 750.411h and 750.411i), section 411h as added by 1992 PA 260 and section 411i as added by 1992 PA 261.

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

Roll Call No. 464 Yeas--104

 

 

 

 

Nays--0

 

 

In The Chair: Murphy

 

 

Pursuant to Joint Rule 20, the full title of the bill 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 of the bill.

 

 

 

 

Rep. Gubow entered the House Chambers.

 

 

The House returned to the consideration of

Senate Bill No. 164, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

(The bill was considered earlier today, see today's Journal, p. 1180.)

Rep. Hood moved to amend the bill as follows:

1. Amend page 6, line 22, by striking out "7,507,400" and inserting "7,827,400" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 25, following line 17, by inserting:

"Sec. 552. Of the appropriations in section 101, $320,000.00 shall be used for food safety inspection activities.".

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

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. 465 Yeas--97

 

 

Dobb

 

 

Nays--4

 

 

Goschka Jaye Kaza Whyman

 

 

In The Chair: Murphy

 

 

The House agreed to the title of the bill.

 

 

 

 

Rep. Wetters, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 465 because of a possible conflict of interest. I support the appropriations for the Michigan Department of Agriculture contained in Senate Bill 164. However, this budget contains a $500,000 restricted fund appropriation for Vision 2000. Because a member of my family is intimately in the direction of that program it would be inappropriate for me to cast a vote for this bill on final passage."

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

"Mr. Speaker and members of the House:

I voted against the Ag Budget because it includes $170,500 in taxpayer money for equestrian trophy's and medals. My amendment to transfer this $170,500 to increase the budget for food quality inspections failed. This taxpayer subsidy of the lifestyles of the rich and famous polo players and equestrian clubs is outrageous. Taxpayers are spending $376,000 to increase the horse racing payoffs. Taxpayer paid welfare for gamblers is wrong. This budget also includes approximately $230,000 subsidy for a U.P. fair. The Armada Fair in my district and the Detroit fair do not receive a state subsidy."

 

Rep. Goschka, 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 164 because the House has once again failed to recognize the legitimate and genuine needs of the Flint River Dike project in Saginaw County. The problem of flooding occurs on an annual basis, and sometimes even more often than that, and it is due almost entirely to improvements made to the Flint River upstream in Genesee County. Frankly, those improvements upstream have caused a major increase in the flow of water downstream, thereby placing a terrible hardship on the 330 families in the Flint River Dike project area in Saginaw County.

As you all know, I fought to the end for this appropriation last year and I have wagered the same vigorous campaign for this project again this year. I have fought for the good people of my district for good reason. I believe the state has an obligation to assist in the building and maintenance of dikes on the Flint River, but it has again shirked that responsibility. For the people of my district, I vote "No" on SB 164."

 

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

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

Dobronski

 

 

Nays--49

 

 

Galloway

 

 

In The Chair: Murphy

 

 

 

 

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

The motion prevailed.

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

The following is the roll call:

 

 

Roll Call No. 467 Yeas--105

 

 

Emerson

 

 

In The Chair: Murphy

 

 

 

The Speaker resumed the Chair.

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

House Bill No. 4307, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

(The bill was received from the Senate on June 4, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 5, see House Journal No. 51, p. 1111.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 468 Yeas--0

 

 

Nays--107

 

 

 

 

In The Chair: Hertel

 

 

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Owen, Prusi and Geiger.

The Speaker laid before the House

House Bill No. 4308, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

(The bill was received from the Senate on June 4, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 5, see House Journal No. 51, p. 1111.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

 

 

Dobb Kelly

 

 

 

 

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Emerson, Kelly and Oxender.

 

 

The Speaker laid before the House

House Bill No. 4310, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 6a, 11, 17b, 20, 20d, 20i, 24, 26, 31a, 36, 39, 41, 51a, 52, 53a, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 95, 99, 101, 104a, 107, 108, 111, 147, 151, 167, and 169a (MCL 388.1606, 388.1606a, 388.1611, 388.1617b, 388.1620, 388.1620d, 388.1620i, 388.1624, 388.1626, 388.1631a, 388.1636, 388.1639, 388.1641, 388.1651a, 388.1652, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1658, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1695, 388.1699, 388.1701, 388.1704a, 388.1707, 388.1708, 388.1711, 388.1747, 388.1751, 388.1767, and 388.1769a), sections 6, 11, 17b, 20, 20d, 24, 31a, 36, 39, 41, 52, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 99, 101, 104a, 111, 147, and 167 as amended and sections 20i, 51a, 53a, 107, 108, and 169a as added by 1996 PA 300, sections 6a, 95, and 151 as amended by 1995 PA 130, and section 26 as amended by 1994 PA 283, and by adding sections 26a, 31b, 67, 68, 94a, 105a, 166d, and 166e; and to repeal acts and parts of acts.

(The bill was received from the Senate on June 4, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 5, see House Journal No. 51, p. 1111.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Emerson, Kelly and Oxender.

The Speaker laid before the House

House Bill No. 4305, entitled

A bill to make appropriations for community colleges for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.

(The bill was received from the Senate on June 10, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 53, p. 1142.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

Gilmer

 

 

 

 

Dobb

 

 

 

 

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Price, Mathieu and McBryde.

 

 

The Speaker laid before the House

House Bill No. 4306, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1998, and to make certain appropriations for those purposes and adjust certain appropriations for those purposes for the fiscal year ending September 30, 1997; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various 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 11, see House Journal No. 53, p. 1142.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 472 Yeas--41

 

 

Geiger

 

 

Nays--65

 

 

Dobronski

 

 

 

 

 

 

The Speaker laid before the House

House Bill No. 4309, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 1998; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

(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 11, see House Journal No. 53, p. 1143.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

Roll Call No. 473 Yeas--14

 

 

Dobb Gustafson

 

 

Nays--92

 

 

 

 

In The Chair: Hertel

 

 

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Hood, Tesanovich and Gilmer.

 

 

 

 

Senate Bill No. 172, entitled

A bill to make appropriations for the department of military affairs for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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

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

Rep. Brewer moved to amend the bill as follows:

1. Amend page 10, line 5, after "budget" by inserting a comma and "the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues,".

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

 

 

 

 

Rep. Tesanovich moved that Rep. Agee be excused temporarily from today's session.

The motion prevailed.

 

Rep. Geiger moved to amend the bill as follows:

1. Amend page 6, line 13, by striking out all of lines 13 through 22 and inserting:

"EARLY RETIREMENT SAVINGS

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 10, line 17, after "includes" by striking out "$579,490.00" and inserting "$420,200.00".

3. Amend page 10, line 17, after "and" by striking out "$2,324,700.00" and inserting "$746,800.00".

The question being on the adoption of the amendments offered by Rep. Geiger,

Rep. Geiger demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Geiger,

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

 

 

Roll Call No. 474 Yeas--50

 

 

Geiger Kaza

 

 

Nays--54

 

 

Dobronski LaForge

 

 

In The Chair: Hertel

 

 

Reps. Raczkowski and Gubow moved to amend the bill as follows:

1. Amend page 4, following line 4, by inserting:

2. Amend page 4, line 10, by striking out "5,028,100" and inserting "5,038,100" and adjusting the subtotals, totals, and section 201 accordingly.

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

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

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

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

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

Rep. Gagliardi moved that Rule 49 be suspended.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 172, entitled

A bill to make appropriations for the department of military affairs for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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

 

 

Roll Call No. 475 Yeas--92

 

 

 

 

Nays--14

 

 

Gilmer Horton

 

 

In The Chair: Hertel

 

 

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

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

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The motion prevailed.

The House agreed to the title as amended.

 

 

 

 

Reps. Kaza, Cropsey, Jaye, Goschka and Horton, 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:

Another year has passed and we have before the legislature yet another Military Affairs appropriation that ignores the fact that young American fighting men and women have been sent to international regions of conflict where the United States does not have a legitimate national security interest.

More than half a year has passed since the Clinton Administration's self-imposed Thanksgiving 1996 deadline regarding the withdrawal of U.S. troops in the Bosnia-Herzegovina region of the former Yugoslavia.

It is time that these young American fighting men and women came home to the greatest nation on the face of the earth--the United States of America.

Constituents who have communicated with us on this issue have expressed concern that American troops have been deployed to Bosnia-Herzegovina in the former Yugoslavia.

We respect their concerns.

We do not usually vote on foreign policy issues in the Michigan House of Representatives. We are responsible for appropriating funds for state departments, including the Department of Military Affairs.

We should not abrogate our responsibility as legislators at a time when many of our constituents have grave concerns about U.S. foreign policy in Bosnia.

The geopolitics of the former Yugoslavia are extremely complex and subject to varying interpretations by foreign powers, especially those in Central Europe and the former Soviet Union. This appropriation does not adequately address those geopolitics as they apply to Bosnia with a statement of legislative intent.

The U.S. government has no legitimate national security interests in Bosnia. Yet the Clinton administration has engaged in military intervention in Bosnia. Sarajevo was a flashpoint for World War I early in the 20th Century. It would be a tragic and great mistake if history repeated itself as this century ends.

The Clinton administration's foreign policy vis-a-vis the former Yugoslavia has been contradictory at best, bizarre at worst.

Initially, the Clinton administration said there was no reason for U.S. troops to be sent to the war-torn land of Bosnia. The Clinton administration supported an arms embargo that prevented Western nations from selling weapons to a people experiencing genocide while secretly and tacitly permitting arms shipments by Iranian extremists whose stated purpose is destruction of the U.S. Later, the Clinton administration reversed itself and committed U.S. troops to Bosnia.

We have too many domestic problems to solve without risking American lives in foreign adventures.

Bring our troops home from Bosnia now."

 

Reps. Hammerstrom and Llewellyn, 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 SB 172, the Military Affairs Budget, because the bill reflects funding levels below the Governor's recommendation for staffing of the Veteran's homes. The levels as presented would fail to provide sufficient funding to meet the required staffing standards at levels to handle the current need, and I was unwilling to cut $1.3 million on the backs of 328 veterans who would be relocated."

 

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

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

Dobronski LaForge

 

 

Nays--50

 

 

Galloway Jellema

 

 

In The Chair: Hertel

By unanimous consent the House returned to the order of

 

 

The Committee on Agriculture, by Rep. Wetters, Chair, reported

House Resolution No. 76.

A resolution to urge the Commodity Futures Trading Commission and the Chicago Board of Trade to refrain from closing Toledo's point of delivery for agricultural products.

(For text of resolution, see House Journal No. 54, p. 1165.)

With the recommendation that the resolution be adopted.

 

 

 

HR 76 To Report Out:

Yeas: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye,

Nays: None.

The Speaker announced that under Rule 77 the resolution would lie over one day.

Rep. Gagliardi moved that Rule 77 be suspended.

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

The question being on the adoption of the resolution,

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

 

 

 

The following report, submitted by Rep. Wetters, Chair of the Committee on Agriculture, was received and read:

Meeting held on: Thursday, June 12, 1997, at 8:30 a.m.,

Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye.

Reps. Agee, Anthony, Baade, Birkholz, Bobier, Brackenridge, Brewer, Brown, Callahan, Cherry, DeHart, DeVuyst, Emerson, Frank, Gagliardi, Gernaat, Gire, Gubow, Gustafson, Hammerstrom, Harder, Horton, Kukuk, Leland, Llewellyn, Mans, McBryde, Middaugh, Olshove, Rhead, Rocca, Schauer, Schermesser, Tesanovich, Varga and Voorhees were named co-sponsors of the resolution.

 

 

 

 

The Speaker called the Associate Speaker Pro Tempore to the Chair.

 

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

The motion prevailed.

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

The following is the roll call:

 

 

Roll Call No. 477 Yeas--97

 

 

Dobronski

 

 

In The Chair: Gire

 

 

 

 

 

Senate Bill No. 225, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Appropriations (for amendments, see House Journal No. 54, p. 1170),

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

 

 

 

 

The Speaker resumed the Chair.

 

Reps. Gilmer and Jellema moved to amend the bill as follows:

1. Amend page 1, line 1, after "SEC. 353D." by striking out the balance of the bill and inserting:

"(1) NOTWITHSTANDING SECTION 451, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997 ONLY, THERE IS APPROPRIATED THE SUM OF $100,000,000.00 FROM GENERAL FUND/GENERAL PURPOSE REVENUES TO THE MICHIGAN TRANSPORTATION FUND. THE AMOUNT APPROPRIATED SHALL BE DISTRIBUTED TO THE STATE, COUNTIES AND CITIES AND VILLAGES ACCORDING TO THE FORMULA IN SECTION 10(1)(B) (vi) OF 1951 PA51, MCL 247.660.

(2) FUNDS DISTRIBUTED UNDER THIS SECTION SHALL BE USED ONLY FOR RESURFACING AND REPAIR OF EXISTING ROADS. FUNDS DISTRIBUTED UNDER THIS SECTION SHALL BE CONSIDERED SUPPLEMENTARY TO EXISTING FUNDS AND SHALL NOT BE USED FOR ANY OF THE FOLLOWING:

(A) NEW CONSTRUCTION.

(B) TO SUPPLEMENT OR REPLACE FUNDS FOR ROAD OR BRIDGE PROJECTS IN PROGRESS ON THE EFFECTIVE DATE OF THIS SECTION.

(C) ADMINISTRATIVE COSTS OF THE ROAD AGENCY.".

The question being on the adoption of the amendment offered by Reps. Gilmer and Jellema,

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Gilmer and Jellema,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reps. Gilmer and Geiger moved to amend the bill as follows:

1. Amend page 2, following line 15, by inserting:

"(6) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997 ONLY, ALL GENERAL FUND-GENERAL PURPOSE BALANCES AT THE FINAL CLOSE OF THE FISCAL YEAR ARE HEREBY APPROPRIATED AND SHALL BE TRANSFERRED TO THE FUND.".

The question being on the adoption of the amendment offered by Reps. Gilmer and Geiger,

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Gilmer and Geiger,

 

 

 

 

 

 

Rep. Harder requested a ruling of the Chair as to whether or not the amendment offered by Reps. Gilmer and Geiger is germane.

 

The Chair ruled the amendment is not germane pursuant to House Rule 64.

 

 

Rep. London appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 479 Yeas--58

 

 

Dobronski LaForge

 

 

Nays--48

 

 

 

 

In The Chair: Hertel

 

 

 

 

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

The motion prevailed.

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

The following is the roll call:

 

 

Roll Call No. 480 Yeas--90

 

 

DeVuyst Jellema

 

 

In The Chair: Hertel

 

 

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 2, line 7, after "STANDARDS." by inserting "NOTHING IN THIS ACT SHALL PRECLUDE THE USE OF ANY DEPARTMENT APPROVED CONSTRUCTION METHOD OR MATERIAL.".

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

Rep. Oxender moved to amend the bill as follows:

1. Amend page 2, following line 15, by inserting:

"(6) FUNDS APPROPRIATED FROM THE FUND UNDER THIS SECTION SHALL BE REIMBURSED WITH NOT MORE THAN $69,000,000.00 OF THE EXCESS GENERAL FUND/GENERAL PURPOSE REVENUES IDENTIFIED AT THE MAY, 1997 REVENUE ESTIMATING CONFERENCE. IF LESS REVENUE THAN $69,000,000.00 IS ACTUALLY EXPENDED FOR THE PURPOSES OF THIS SECTION, THE AMOUNT OF REIMBURSEMENT TO THE FUND FROM THE EXCESS GENERAL FUND/GENERAL PURPOSE REVENUES SHALL BE DECREASED ACCORDINGLY.".

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

Rep. Oxender demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 481 Yeas--53

 

 

Geiger

 

 

 

 

DeHart

 

 

In The Chair: Hertel

 

 

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

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

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

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

Rep. Gagliardi moved that Rule 49 be suspended.

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

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 225, entitled

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

The bill was read a third time.

The question being on the passage of the bill,

After debate,

Rep. Alley demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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. 482 Yeas--84

 

 

 

 

Nays--23

 

 

 

 

In The Chair: Hertel

 

 

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

"An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,".

The House agreed to the full title of the bill.

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

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

 

 

 

 

Rep. Oxender, 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 SB 225 because it is not a solution to our transportation problem. It spends $69 million from the Budget Stabilization Fund instead of addressing the lack of total funds. I sponsored an amendment to pay the $69 million from year end funds which failed 53-53. The repayment was necessary to keep the integrity of the state's credit rating and the Budget Stabilization Fund. I will support if repayment is guaranteed later."

 

Rep. McBryde, 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:

Senate Bill 225 as it stands without House Republican amendments being adopted is terrible public policy. All economic indicators would suggest that it is NOT raining in Michigan at this time. Furthermore, the House Fiscal Agency, the Senate Fiscal Agency and the Department of Management and Budget have agreed that there is at least $130 million in surplus funds in this year's GF/GP accounts.

Our Budget Stabilization Fund (or "rainy day" fund) is essentially our state's savings account, while the GF/GP is our state's checking account. As we have debated our amendments, the majority party has been unwilling to even commit to reimbursing our savings account with surplus moneys in our checking account. Who would do this with their family budget?

What is more, such hasty moves to spend our rainy day savings account could well endanger our state's credit rating. If, as a result of these actions, our state's credit rating drops, the cost of borrowing money will increase for every school district and local government in Michigan. I can not in good conscience vote to increase the costs for every school district and local government in the state, especially when we have much better alternatives."

 

Rep. Hammerstrom, 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 225 because I believe this is the wrong approach. To remove funds from the savings account when there is available money in the General Fund is simply not good policy. We need to provide additional monies for roads, but this approach is a "quick-fix" smoke screen. We must adopt a comprehensive road funding plan that addresses improved efficiencies and a stable source of revenue. This bill does neither."

 

Rep. Birkholz, 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 vote no on S.B. 225 because I believe taking money from the Budget Stabilization Fund is inappropriate at this time given Michigan's strong economy.

This situation differs from previous instances where the BSF was used for specific purposes, not previously provided for in statute.

Given the State of Michigan's current economic status I believe it would be far better to use increased revenue, as recently identified in the latest consensus revenue estimating conference, to provide a one time appropriation for this road construction season."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Whereas, The establishment of the township of Hamtramck in 1798 and the village of Hamtramck in 1901 can be traced to the vision and commitment of many individuals. Hamtramck's namesake, Colonel John Francis Hamtramck, was one of the best strategists of the post-Revolutionary Wars, to whom Fort Detroit was surrendered by the British in 1796. The establishment of the Dodge Brothers automobile plant in 1914 preempted a population boom that, for the time period, was the greatest community growth in the United States; and

Whereas, After long holding its title of largest village in the world, Hamtramck was incorporated as a city in 1922. As a city, it retained and even expanded its distinct nationalist features whose origins include Britain, France, Poland, Germany, Central Europe, the Balkans, and the Ukraine. This heritage provides an important cultural cornucopia, an example from which old-fashioned American values originate; now, therefore, be it

Resolved by the House of Representatives, That we commemorate the 75th Anniversary of Hamtramck; and be it further

Resolved, That a copy of this resolution be transmitted to the coordinators of this observance as evidence of our esteem.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

 

 

Reps. Wojno, McNutt, Dobronski, Baird, Baade, Hale, Dobb, Rocca, Kukuk, Schermesser, Tesanovich, Freeman, Kelly, Raczkowski, Anthony, LaForge, Gire, Olshove, Lowe, Llewellyn, Crissman, Bodem, Dalman, Goschka, Fitzgerald, Kaza, DeHart, Thomas, Prusi, Parks, Varga, Scott, Hanley, Quarles, Cherry, Brater, McBryde, Callahan, Bogardus, Birkholz, Scranton, Galloway, Voorhees, Mans, Richner, Hood and Willard offered the following resolution:

House Resolution No. 81.

A resolution to commemorate the City of Warren on its 40th Anniversary.

Whereas, It is with great pride that we join with the good people of Warren in celebrating its 40th anniversary. As the residents of the third largest city in the state gather to pay their respects to the memory of those who established this city and to reaffirm their commitment for the future, we commend them and thank them for all that Warren has meant in helping to define the character of our beloved Great Lake State; and

Whereas, Warren has a history almost as old as the State of Michigan. The state was accepted into the Union in 1837, and Warren was first organized under its original name, Hickory Township, in 1837. After World War I, and with Henry Ford's offer to pay his workers $5 a day, Detroit attracted a flood of people. The streetcar line into the middle of Warren, and enterprising builders who constructed low-cost homes, combined to stimulate tremendous growth through the 1920s. The Township of Warren was incorporated as the City of Warren on October 27, 1956, and began operating as a city on January 1, 1957. The name "Warren" was given to honor General Joseph Warren, one of the first heroes of the Revolutionary War who lost his life in the Battle of Bunker Hill; and

Whereas, Today, Warren is the hub of many technical industries. Warren is home to the General Motors Technical Center which employs more people than any other General Motors site in North America. With a population of 144,864, according to the 1990 census, Warren is the third largest city in the state, behind Detroit and Grand Rapids. In the 1990s, Warren established a multi-ethnic cultural commission to represent the wide diversity of ethnic groups which call Warren home; and

Whereas, The City of Warren over the years has had excellent public school systems. The six public school districts, along with several private and parochial schools, continue to meet the challenges of an ever-increasing technological society. Warren is also home to the Macomb Community College South Campus, which continues to serve as a model of excellence for community colleges across the nation; and

Whereas, The many good citizens of Warren have a rich history of working hard and building a better community for their children. Although the City of Warren today is a far cry from that wilderness territory founded by our forefathers, Warren's past is the foundation of the present and will help to shape a promising future. Even as the third largest city in Michigan, Warren maintains the values of its early history as Warren Township, a village of settlers seeking a friendly place to raise a family; now, therefore, be it

Resolved by the House of Representatives, That we hereby commemorate the 40th anniversary of Warren, Michigan, the city of progress. We commend all those who have coordinated the events marking this observance; and be it further

Resolved, That copies of this resolution be transmitted to the City of Warren as evidence of our esteem.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HB 4570 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Scott, Vaughn, Fitzgerald, Rocca, Scranton, Voorhees,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Agriculture.

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 4571, entitled

A bill to amend 1923 PA 30, entitled "An act to define cheese and to regulate the manufacture and sale of same within the limits of the state of Michigan; to provide for labeling and to prescribe a penalty," (MCL 288.281 to 288.284) by adding section 1a.

The committee recommended that the bill be referred to the Committee on Agriculture.

 

 

 

HB 4571 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Scott, Vaughn, Fitzgerald, Rocca, Scranton, Voorhees,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Agriculture.

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 4572, entitled

A bill to amend 1968 PA 298, entitled "Frozen desserts act of 1968," by amending the title and section 2 (MCL 288.322), section 2 as amended by 1982 PA 323, and by adding section 4a.

The committee recommended that the bill be referred to the Committee on Agriculture.

 

 

 

HB 4572 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Scott, Vaughn, Fitzgerald, Rocca, Scranton, Voorhees,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Agriculture.

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 4799, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 310a (MCL 750.310a), as added by 1996 PA 539.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

 

HB 4799 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Scott, Vaughn, Fitzgerald, Jaye, Rocca, Scranton,

Nays: Rep. Voorhees.

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 4814, entitled

A bill to authorize the department of state police to convey certain state owned property in Iron county; to prescribe conditions for the conveyance; and to provide for the disposition of revenue derived from the conveyance.

With the recommendation that the bill pass.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4030, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307 and 310 (MCL 257.307 and 257.310), as amended by 1996 PA 205.

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

1. Amend page 1, line 1, by striking out all of section 307.

2. Amend page 11, following line 10, by inserting:

"(c) House Bill No. 4620.".

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

 

 

 

HB 4030 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green,

Nays: None.

 

 

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4031, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1996 PA 204.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

 

 

 

HB 4031 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green,

Nays: None.

 

 

The Committee on Transportation, by Rep. Leland, Chair, reported

House Bill No. 4620, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

 

 

 

HB 4620 To Report Out:

Yeas: Reps. Leland, Schermesser, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, London, Birkholz, Byl, Green, Middleton,

Nays: None.

 

 

 

The following report, submitted by Rep. Leland, Chair of the Committee on Transportation, was received and read:

Meeting held on: Wednesday, June 11, 1997, at 5:34 p.m.,

Present: Reps. Leland, Schermesser, Baade, Brown, Curtis, Mans, Olshove, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,

Absent: Rep. Schauer,

Excused: Rep. Schauer.

 

 

House Bill No. 4329, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1284 (MCL 380.1284), as amended by 1995 PA 289.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.

The House agreed to the full title of the bill.

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

 

 

House Bill No. 4603, entitled

A bill to amend 1969 PA 319, entitled "Banking code of 1969," by amending sections 171 and 231 (MCL 487.471 and 487.531), section 171 as amended by 1996 PA 405 and section 231 as amended by 1991 PA 12.

The Senate has passed the bill by a 2/3 vote, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.

The House agreed to the full title of the bill.

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

 

 

Senate Bill No. 113, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 136b (MCL 750.136b), as added by 1988 PA 251.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Senate Bill No. 165, entitled

A bill to make appropriations for a capital outlay program for the fiscal year ending September 30, 1998, to implement the appropriations within the budgetary process; to make appropriations for planning and construction at state agencies; to make appropriations for state building authority rent and insurance; to make a grant for state building authority rent; to provide for the acquisition of land and buildings; to provide for the elimination of fire hazards; to provide for special maintenance, remodeling and addition, alteration, renovation, demolition, and other projects; to provide for elimination of occupational safety and health hazards; to provide for the award and implementation of contracts; to provide for the purchase of furnishings and equipment relative to occupancy of a project; to provide for certain advances from the general fund; to prescribe powers and duties of certain state officers and agencies; to require certain reports, plans, and agreements; to provide for leases; to provide for transfers; to prescribe standards and September 30, 1998 conditions relating to the appropriations; and to provide for the expenditure of appropriations.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Senate Bill No. 345, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 105 and 109 (MCL 560.105 and 560.109), section 105 as amended and section 109 as added by 1996 PA 591, and by adding sections 109a and 109b.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Agriculture.

 

 

Senate Bill No. 415, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending section 39 of chapter X (MCL 710.39), as amended by 1996 PA 409.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Senate Bill No. 521, entitled

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

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Urban Policy and Economic Development.

 

 

Senate Bill No. 526, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

 

 

Senate Bill No. 532, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 1995 PA 81, and by adding sections 5b, 5c, and 5d.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Human Services and Children.

 

 

Senate Bill No. 543, entitled

A bill to amend 1935 PA 220, entitled "An act to provide family home care for children committed to the care of the state, to create the Michigan children's institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act," by amending section 4 (MCL 400.204).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Human Services and Children.

 

 

Senate Bill No. 544, entitled

A bill to amend 1994 PA 203, entitled "Foster care and adoption services act," by amending section 2 (MCL 722.952) and by adding sections 4a and 4b.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Human Services and Children.

 

 

Senate Bill No. 566, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 321 (MCL 600.321), as amended by 1990 PA 277.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Senate Bill No. 580, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 621 (MCL 418.621), as amended by 1994 PA 271.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.

Senate Concurrent Resolution No. 32.

A concurrent resolution to increase the total project cost of the Wayne State University Undergraduate Library project.

Whereas, The Wayne State University Undergraduate Library project was authorized with a total cost of $35,000,000 in 1993 PA 19; and

Whereas, Senate Concurrent Resolution No. 520 of 1994 reduced the total project cost to $32,000,000; and

Whereas, Wayne State University has requested that the total project cost be increased to $33,000,000; and

Whereas, Wayne State University has agreed to fund the increase in project cost of $1,000,000, with the state commitment remaining at $26,000,000 and the State Building Authority share remaining at $25,999,900; and

Whereas, Pursuant to Section 246 of 1984 PA 431, being MCL § 18.1246, the release of funds for construction may not occur until a total project cost has been established in an appropriation act or revised by concurrent resolution; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the Wayne State University Undergraduate Library to an amount not to exceed $33,000,000 (State Building Authority share $25,999,900, State General Fund/General Purpose share $100, Wayne State University share $7,000,000) and that the Legislature intends to continue to appropriate funds for construction, subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

Resolved, That a copy of this resolution be transmitted to the director of the Department of Management and Budget and Wayne State University.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

 

Senate Concurrent Resolution No. 33.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Jackson Parole Camp.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site of the Department of Corrections Jackson Parole Camp located in Jackson County (the "Facility") is currently owned by the State; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the total cost of the Department of Corrections Jackson Parole Camp shall not exceed $9,263,400, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $9,140,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be $950,000 as certified by the appraiser; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

 

 

Senate Concurrent Resolution No. 34.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections State Prison of Southern Michigan Reorganization (Phase I).

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site of the Department of Corrections State Prison of Southern Michigan Reorganization (Phase I)(the "Facility") is currently owned by the State; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the total cost of the Department of Corrections State Prison of Southern Michigan Reorganization (Phase I) shall not exceed $75,500,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $73,500,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be $7,660,000 as certified by the appraiser; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

 

 

Senate Concurrent Resolution No. 35.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Western Michigan University relative to the Western Michigan University Power Plant Renovation.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Control of Western Michigan University (the "University"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the University may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Power Plant Renovation (the "Facility") is currently owned by the University; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the University pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the University has been prepared providing for the leasing of the Facility by the Authority to the State and the University (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the total cost of the Western Michigan University Power Plant Renovation shall not exceed $24,114,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $21,499,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other construction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the University and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be $2,240,000 as certified by the appraiser; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the University, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this resolution be transmitted to the Governor, the Secretary of State, the Authority, the University, and the State Budget Director.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Appropriations.

 

 

 

 

The Clerk announced that the following Senate bills had been received on Thursday, June 12:

Senate Bill Nos. 345 526 580 581

 

 

 

 

Reps. Alley, McBryde, Hale, Profit, Hanley, Martinez, Schermesser, LaForge, Bogardus, Goschka, Frank, Cherry, Schroer, Gubow, Bodem, Gernaat and Ciaramitaro introduced

House Bill No. 4907, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21528.

The bill was read a first time by its title and referred to the Committee on Health Policy.

 

 

Reps. Raczkowski, Kukuk, Scranton, Richner, Lowe, Jellema, Martinez, DeHart, Goschka, Dobb, Bodem, Crissman, Whyman, McBryde, McManus, Rocca, Jansen, DeVuyst, Geiger, Horton, Green, Middaugh, Cropsey, McNutt, Olshove, Tesanovich, Varga, Murphy, Leland, Schermesser, Harder, Jaye and Perricone introduced

House Bill No. 4908, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8401 (MCL 600.8401), as amended by 1991 PA 192.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Raczkowski, Kukuk, Richner, Walberg, Lowe, Jellema, DeHart, Goschka, Jelinek, Dobb, Dobronski, Bodem, Hammerstrom, Crissman, Cassis, Whyman, McBryde, McManus, Nye, Rocca, Jansen, Kaza, Jaye, Stallworth, Wojno, Prusi, McNutt, Middaugh, Cropsey, Wetters, Curtis, Frank, Hale, Olshove, Tesanovich, Varga, Murphy, Leland, DeVuyst, Harder, Schermesser, Voorhees, Perricone and Green introduced

House Bill No. 4909, entitled

A bill to amend 1993 PA 330, entitled "State real estate transfer tax act," by amending section 6 (MCL 207.526), as amended by 1994 PA 255.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

 

 

Reps. Profit, Perricone and Palamara introduced

House Bill No. 4910, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 52 (MCL 208.52).

The bill was read a first time by its title and referred to the Committee on Tax Policy.

 

 

Rep. Profit introduced

House Bill No. 4911, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2964.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Rep. Profit introduced

House Bill No. 4912, entitled

A bill to amend 1984 PA 118, entitled "The prisoner reimbursement to the county act," by amending section 7 (MCL 801.87), as amended by 1996 PA 544.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Rep. Profit introduced

House Bill No. 4913, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6013 (MCL 600.6013), as amended by 1993 PA 78.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Rep. Profit introduced

House Bill No. 4914, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1344 (MCL 600.1344), as amended by 1982 PA 226.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Reps. Profit, Brater and Galloway introduced

House Bill No. 4915, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," (MCL 38.2101 to 38.2670) by adding section 512.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Rep. Profit introduced

House Bill No. 4916, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 18 (MCL 436.18), as amended by 1994 PA 185.

The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.

 

 

Reps. Nye, Gubow and Walberg introduced

House Bill No. 4917, entitled

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

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Reps. Nye, Gubow and Walberg introduced

House Bill No. 4918, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," (MCL 290.641 to 290.650d) by adding section 5a.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Reps. Schroer, Goschka, Anthony, Hanley, LaForge, Richner, Brater, Wojno, Cherry, Hammerstrom and Hale introduced

House Bill No. 4919, entitled

A bill to designate an official amphibian of this state.

The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.

 

 

Reps. Jelinek, Raczkowski, Brackenridge and Goschka introduced

House Bill No. 4920, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1606 (MCL 324.1606), as added by 1995 PA 60.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

 

 

Reps. Brater, Anthony, Varga, Hale, Dobronski, Schermesser, Hanley, Goschka, Parks, DeHart, Schroer, Cherry, Schauer, Brewer and McBryde introduced

House Bill No. 4921, entitled

A bill to require employers to allow an employee to receive certain telephone calls; to prescribe certain powers and duties of the department of consumer and industry services; and to prescribe penalties.

The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.

 

 

Reps. Brater, Anthony, Dobronski, Schermesser, Hanley, Martinez, Hale, Goschka, Bogardus, Parks, DeHart, Schroer, Wojno, Cherry and Brewer introduced

House Bill No. 4922, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11130 (MCL 324.11130).

The bill was read a first time by its title and referred to the Committee on Transportation.

 

 

 

 

 

 

 

 

 

 

 

 

Rep. Crissman moved that the House adjourn.

The motion prevailed, the time being 4:45 p.m.

 

The Speaker declared the House adjourned until Tuesday, June 17, at 2:00 p.m.