No. 56

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Tuesday, June 20, 2000.

12:00 Noon.

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--present

Caul--present

Cherry--present

Clark--e/d/s

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--e/d/s

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--excused

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--e/d/s

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--e/d/s

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

Rev. David Hansen, Pastor of Immanuel Baptist Church in Roscommon, offered the following invocation:

"Our Heavenly Father, I love America but I do not love what she is becoming. I am ashamed for my country. This sweet land of liberty is slowly, reproachfully becoming a land where right is labeled wrong, where wrong is labeled right. We are losing our way. We are losing our direction. We are losing our moral compass. Something is terribly wrong in our nation when I am invited to stand here and open this House in prayer and yet in our public school districts across this state, because of another recent Supreme Court ruling, the same prayer would not be allowed.

Something is wrong in America when our children are slowly being indoctrinated into the alternative lifestyles of perversion, sinfulness and immorality that America has forsaken for so many years. In my lifetime, in these last 34 years, I have watched America take a landslide that I don't think we ever dreamed would happen. Father, I beg You to help us take America back. Until 30 years ago, the Bible was a guidebook--not only for the White House and the state House, but also for the neighbor's house and our house. In this generation we have forsaken the God of our fathers and look where we are at now. Oh, we are rich, we are increased with goods, we are very wealthy. We have everything that we want, and yet, we are lacking what I believe is the one thing that we so desperately need. We need God in America again.

Dear God, our patriotic hymns speak of You but yet as I walk around this country, and even as I go overseas, I am amazed to see how Americans have a conscience void of God. And when a conscience is void of God it becomes void of good. May we return to the straight paths of the Bible. May we realize that the Bible tells us, 'blessed is that nation whose God is the Lord.' What a shame it would be if we had a cure for cancer and we are not willing to share it. Dear God, we have a cure for all that ails America--it is found in God's holy word. Our prayer is that we would see a revival in this land. It will not begin at the White House. No, it will not begin at the courthouse. I don't believe that it will begin at the state House. Dear God, if it is going to take place, it will take place in the church house and it will take place at our house.

God, save America--for my eight year old and my six year old and my two year old. May they be able to grow up in a land that is still free in the midst of freedoms that are being stripped away from us. Dear God, why are our public schools war zones? Why are our children being taught that abortion without parental consent is ok? Why are we ignoring all the things that made America great. May this body realize, and may each American who claims to be patriotic realize that until we return to the God of Heaven, to the Bible as our guide book, we will not see America succeed as she could. I pray that You will help America to thrive because now I'm afraid that she simply survives. In the midst of all the prosperity, we forget who gave it to us.

Father, I pray that You bless these men and women today as they work. They are employees of the people of Michigan. They have a high, sacred responsibility and I pray that they would not shirk it nor take it lightly. I pray that these men and these women would not be found wanton when it comes to following decisions based upon the word of God.

It is probably a good thing that George Washington, Alexander Hamilton and those men are not here today in this country or I fear that they would not tolerate what we have seen. May we see a revival in this country and may it begin in our homes with our children--with discipline and character. May the Godly men and women of this country rise up like an army and may God bless our country. Thank You for Michigan. Bless this state and these people as they do our work. In Jesus' name, Amen."

______

Rep. Scott moved that Rep. Lemmons be excused from today's session.

The motion prevailed.

Messages from the Senate

Senate Bill No. 694, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2006 (MCL 500.2006).

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Schuette, DeGrow and Murphy as conferees.

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Law, Perricone and Schauer.

The message was referred to the Clerk for record.

Senate Bill No. 964, 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 years ending September 30, 2000 and September 30, 2001; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; to provide for disposition of fees and other income received by the various state agencies; and to repeal acts and parts of acts.

The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Gougeon, Schwarz and Emerson as conferees.

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

The message was referred to the Clerk for record.

Senate Bill No. 968, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies 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 nonconcurred in the House substitute (H-1) and appointed Senators Gast, McManus and A. Smith as conferees.

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

The message was referred to the Clerk for record.

Notices

The Speaker appointed as second conferees, on the part of the House of Representatives for House Bill No. 5275, Reps. Kukuk, Jellema and Prusi.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5275, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has appointed Senators Bennett, Stille and Young as second conferees to join with Reps. Kukuk, Jellema and Prusi.

The bill was referred to the second Conference Committee on June 13, 2000.

Notices

June 16, 2000

I hereby replace Rep. Kukuk with Rep. Jellema as Chair on the second conference committee for House Bill No.5275.

Sincerely,

Charles R. Perricone

Speaker of the House

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 1044, Reps.Jelinek, Stamas and Kelly.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 988, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1999 PA 116.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 988 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Vander Roest, Vear, Quarles, Basham, Jamnick, Minore, O'Neil, Switalski,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 989, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 1998 PA 366.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 989 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Vander Roest, Vear, Quarles, Basham, Jamnick, Minore, O'Neil, Switalski,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cassis, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Tuesday, June 20, 2000, at 8:30 a.m.,

Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Vander Roest, Vear, Quarles, Basham, Jamnick, Minore, O'Neil, Switalski,

Absent: Reps. Koetje, Patterson, Garza,

Excused: Reps. Koetje, Patterson, Garza.

The Committee on Employment Relations, Training and Safety, by Rep. Gosselin, Chair, reported

Senate Bill No. 451, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 405 (MCL 418.405), as amended by 1980 PA 457.

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.

Favorable Roll Call

SB 451 To Report Out:

Yeas: Reps. Gosselin, Kuipers, Dennis, Switalski,

Nays: None.

The Committee on Employment Relations, Training and Safety, by Rep. Gosselin, Chair, reported

Senate Bill No. 1173, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 230 (MCL 418.230), as amended by 1994 PA 271.

The committee recommended that the bill be referred to the Committee on Insurance and Financial Services.

Favorable Roll Call

SB 1173 To Report Out:

Yeas: Reps. Gosselin, Kuipers, Dennis, Switalski,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Insurance and Financial Services.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gosselin, Chair of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Tuesday, June 20, 2000, at 9:00 a.m.,

Present: Reps. Gosselin, Kuipers, Dennis, Switalski,

Absent: Reps. DeWeese, Raczkowski, LaForge,

Excused: Reps. DeWeese, Raczkowski, LaForge.

______

Rep. Vander Roest moved that Rep. Garcia be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 5274, entitled

A bill to make appropriations for the department of career development and certain other state purposes for the fiscal year ending September 30, 2001; 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 conference report was reported by the conference committee on June 7, consideration of which, under the rules, was postponed until June 8.)

(For conference report, see House Journal No. 54, p. 1607.)

The question being on the adoption of the conference report,

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

Roll Call No. 801 Yeas--2

Godchaux Middaugh

Nays--98

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Geiger LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lockwood Scott

Bovin Gosselin Mans Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Minore Spade

Brown, B. Hanley Mortimer Stamas

Brown, C. Hansen Neumann Switalski

Byl Hart O'Neil Tabor

Callahan Howell Pappageorge Tesanovich

Cassis Jacobs Patterson Thomas

Caul Jamnick Pestka Van Woerkom

Cherry Jelinek Price Vander Roest

Clarke, H. Jellema Prusi Vaughn

Daniels Johnson, Rick Pumford Vear

DeHart Johnson, Ruth Raczkowski Voorhees

Dennis Julian Reeves Wojno

DeRossett Kelly Richardville Woodward

DeVuyst Kilpatrick Richner Woronchak

DeWeese Koetje

In The Chair: Birkholz

The Speaker appointed as second conferees, on the part of the House of Representatives for House Bill No. 5274, Reps. Kukuk, Godchaux and Prusi.

Second Reading of Bills

Senate Bill No. 988, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1999 PA 116.

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. 988, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1999 PA 116.

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

Roll Call No. 802 Yeas--98

Allen Ehardt Koetje Richner

Baird Faunce Kowall Rison

Basham Frank Kuipers Rivet

Birkholz Garcia Kukuk Rocca

Bisbee Garza LaForge Sanborn

Bishop Geiger LaSata Schermesser

Bogardus Gieleghem Law Scott

Bovin Gilbert Lockwood Shackleton

Bradstreet Godchaux Mans Sheltrown

Brater Gosselin Martinez Shulman

Brewer Green Mead Spade

Brown, B. Hager Middaugh Stamas

Brown, C. Hale Minore Switalski

Byl Hanley Mortimer Tabor

Callahan Hansen Neumann Tesanovich

Cassis Hart O'Neil Thomas

Caul Howell Patterson Van Woerkom

Cherry Jacobs Pestka Vander Roest

Clarke, H. Jamnick Price Vaughn

Daniels Jelinek Prusi Vear

DeHart Jellema Pumford Voorhees

Dennis Johnson, Rick Raczkowski Wojno

DeRossett Johnson, Ruth Reeves Woodward

DeVuyst Julian Richardville Woronchak

DeWeese Kelly

Nays--0

In The Chair: Birkholz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"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,".

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.

Second Reading of Bills

Senate Bill No. 989, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 1998 PA 366.

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.

______

Rep. Clark entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 989, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 1998 PA 366.

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

Roll Call No. 803 Yeas--97

Allen DeWeese Kilpatrick Rison

Baird Ehardt Kuipers Rivet

Basham Faunce Kukuk Rocca

Birkholz Frank LaSata Sanborn

Bisbee Garcia Law Schauer

Bishop Garza Lockwood Schermesser

Bogardus Gieleghem Mans Scott

Bovin Gilbert Martinez Shackleton

Bradstreet Godchaux Mead Sheltrown

Brater Gosselin Middaugh Shulman

Brewer Green Minore Spade

Brown, B. Hager Mortimer Stamas

Brown, C. Hale Neumann Switalski

Byl Hanley O'Neil Tabor

Callahan Hansen Pappageorge Tesanovich

Cassis Hart Patterson Thomas

Caul Howell Pestka Van Woerkom

Cherry Jacobs Price Vander Roest

Clark, I. Jamnick Prusi Vaughn

Clarke, H. Jelinek Pumford Vear

Daniels Jellema Raczkowski Voorhees

DeHart Johnson, Rick Reeves Wojno

Dennis Johnson, Ruth Richardville Woodward

DeRossett Julian Richner Woronchak

DeVuyst

Nays--0

In The Chair: Birkholz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

"An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".

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

Reports of Select Committees

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 5278, 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, 2001; 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, 2001; 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 House and Senate agree to the Substitute of the Senate as passed by the Senate 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, 2001, 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 6,063.0

GROSS APPROPRIATION $ 2,671,546,200

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers $ 150,579,200

ADJUSTED GROSS APPROPRIATION $ 2,520,967,000

Federal revenues:

Total federal revenues 54,450,500

Special revenue funds:

Total local revenues 3,545,900

Total private revenues 2,275,800

Total other state restricted revenues 1,968,415,300

State general fund/general purpose $ 492,279,500

Sec. 102. DEPARTMENT OF ATTORNEY GENERAL

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 595.0

GROSS APPROPRIATION $ 61,393,500

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 9,473,700

ADJUSTED GROSS APPROPRIATION $ 51,919,800

Federal revenues:

Total federal revenues 7,124,800

Special revenue funds:

Total local revenues 0

Total private revenues 1,149,200

Total other state restricted revenues 8,374,800

State general fund/general purpose $ 35,271,000

(2) ATTORNEY GENERAL OPERATIONS

Full-time equated unclassified positions 6.0

Full-time equated classified positions 595.0

Attorney general $ 124,900

Unclassified positions--5.0 FTE positions 457,800

Attorney general operations--576.5 FTE positions 58,901,400

Prosecuting attorneys coordinating council--18.5 FTE positions 1,609,400

PACC, training project 300,000

GROSS APPROPRIATION $ 61,393,500

Appropriated from:

Interdepartmental grant revenues:

IDG from FIA 2,539,100

IDG from MDA, bovine research 295,100

IDG from MDCIS, financial and insurance services 98,400

IDG from MDCIS, health services 1,127,800

IDG from MDCIS, public utility assessments 1,603,300

IDG from MDSP, Michigan justice training fund 300,000

IDG from MDOT, comprehensive transportation fund 127,500

IDG from MDOT, Michigan transportation fund 10,000

IDG from MDOT, state aeronautics fund 119,800

IDG from MDOT, state trunkline fund 2,452,900

IDG from Michigan gaming control board 799,800

Federal revenues:

DAG, state administrative match grant/food stamps 1,028,800

DED-OPSE, student loan, federal lender allowance 281,500

DOL-ETA, unemployment insurance 1,333,600

DOL-OSHA, occupational safety and health 262,000

EPA, multiple grants 234,800

Federal funds 703,100

HHS-OS, state Medicaid fraud control units 2,746,400

HHS, medical assistance, medigrant 534,600

Special revenue funds:

Private - accident fund company revenue 1,149,200

Antitrust enforcement collections 293,500

Auto repair facilities fees 186,600

Collections revenue 571,000

Corporate fees and security fees 122,500

Environmental response fund 620,100

Franchise fees 234,100

Game and fish protection fund 660,900

Liquor purchase revolving fund 840,300

Manufactured housing fees 182,600

Michigan state housing development authority fees 469,400

Michigan underground storage tank financial assurance fund 154,200

Oil and gas privilege fee revenue 138,500

Prisoner reimbursement 289,700

Prosecuting attorneys training fees 236,800

Retirement funds 596,900

Second injury fund 909,000

Self-insurers security fund 155,900

Silicosis and dust disease fund 464,200

State building authority revenue 78,300

State hospital authority 304,300

State lottery fund 198,700

Utility consumers fund 461,000

Waterways fund 80,100

Worker's compensation administrative revolving fund 126,200

State general fund/general purpose $ 35,271,000

Sec. 103. DEPARTMENT OF CIVIL RIGHTS

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 5.0

Full-time equated classified positions 166.5

GROSS APPROPRIATION $ 15,272,500

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 15,272,500

Federal revenues:

Total federal revenues 934,000

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 14,338,500

(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 374,100

Civil rights operations--166.5 FTE positions 14,882,200

GROSS APPROPRIATION $ 15,272,500

Appropriated from:

Federal revenues:

EEOC, state and local antidiscrimination agency contracts 800,000

HUD, grant 134,000

State general fund/general purpose $ 14,338,500

Sec. 104. DEPARTMENT OF CIVIL SERVICE

(1) APPROPRIATION SUMMARY:

Full-time equated classified positions 230.5

GROSS APPROPRIATION $ 30,405,600

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 3,300,000

ADJUSTED GROSS APPROPRIATION $ 27,105,600

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 9,257,600

State general fund/general purpose $ 11,218,900

(2) CIVIL SERVICE OPERATIONS

Full-time equated classified positions 230.5

Civil service operations--230.5 FTE positions $ 30,405,600

GROSS APPROPRIATION $ 30,405,600

Appropriated from:

Interdepartmental grant revenues:

IDG, training charges 2,000,000

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

Freedom of information fees 1,100

State sponsored group insurance 2,650,000

State restricted funds 1% 6,606,500

State general fund/general purpose $ 11,218,900

Sec. 105. EXECUTIVE OFFICE

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 10.0

Full-time equated classified positions 75.0

GROSS APPROPRIATION $ 5,679,600

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 5,679,600

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 $ 5,679,600

(2) EXECUTIVE OFFICE OPERATIONS

Full-time equated unclassified positions 10.0

Full-time equated classified positions 75.0

Governor $ 154,800

Lieutenant governor 103,100

Executive office--75.0 FTE positions 4,588,600

Unclassified positions--8.0 FTE positions 833,100

GROSS APPROPRIATION $ 5,679,600

Appropriated from:

State general fund/general purpose $ 5,679,600

Sec. 106. LEGISLATIVE AUDITOR GENERAL

(1) APPROPRIATION SUMMARY:

GROSS APPROPRIATION $ 15,059,700

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 1,609,600

ADJUSTED GROSS APPROPRIATION $ 13,450,100

Federal revenues:

Total federal revenues 0

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 266,600

State general fund/general purpose $ 13,183,500

(2) OFFICE OF THE AUDITOR GENERAL

Legislative auditor general $ 124,900

Unclassified positions 135,700

Field operations 14,799,100

GROSS APPROPRIATION $ 15,059,700

Appropriated from:

Interdepartmental grant revenues:

IDG from MDCIS, liquor purchase revolving fund 85,300

IDG from MDCS 84,600

IDG from MDOT, comprehensive transportation fund 47,600

IDG from MDOT, Michigan transportation fund 132,400

IDG from MDOT, state aeronautics fund 31,100

IDG from MDOT, state trunkline fund 362,100

IDG, single audit act 866,500

Special revenue funds:

Construction lien fund 12,000

Contract audit administration fees 63,900

Correctional industries revolving fund 37,100

Game and fish protection fund 20,000

Marine safety fund 1,800

Michigan state housing development authority fees 47,700

Michigan veterans trust fund 21,100

Motor transport revolving fund 29,900

Office services revolving fund 27,800

Waterways fund 5,300

State general fund/general purpose $ 13,183,500

Sec. 107. LEGISLATURE

(1) APPROPRIATION SUMMARY:

GROSS APPROPRIATION $ 106,420,700

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 106,420,700

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 $ 104,978,900

(2) LEGISLATURE

Senate $ 28,429,300

Senate automated data processing 2,265,200

Senate fiscal agency 3,346,300

House of representatives 39,510,300

House automated data processing 2,048,800

House fiscal agency 3,151,100

GROSS APPROPRIATION $ 78,751,000

Appropriated from:

State general fund/general purpose $ 78,751,000

(3) LEGISLATIVE COUNCIL

Legislative council $ 11,147,000

Legislative service bureau automated data processing 1,589,400

e-Law, legislative council technology enhancement project 1,000

Legislative corrections ombudsman 581,300

Worker's compensation 154,800

National association dues 388,400

GROSS APPROPRIATION $ 13,861,900

Appropriated from:

Special revenue funds:

Private - gifts and bequests revenues 400,000

State general fund/general purpose $ 13,461,900

(4) LEGISLATIVE RETIREMENT SYSTEM

General nonretirement expenses $ 4,389,400

GROSS APPROPRIATION $ 4,389,400

Appropriated from:

Special revenue funds:

Court fees 1,041,800

State general fund/general purpose $ 3,347,600

(5) PROPERTY MANAGEMENT

Capitol building $ 1,912,100

House of representatives office building 6,826,100

Farnum building 680,200

GROSS APPROPRIATION $ 9,418,400

Appropriated from:

State general fund/general purpose $ 9,418,400

Sec. 108. LIBRARY OF MICHIGAN

(1) APPROPRIATION SUMMARY:

GROSS APPROPRIATION $ 39,916,700

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 39,916,700

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 $ 35,197,400

(2) LIBRARY OF MICHIGAN

Operations $ 8,408,100

Michigan library and historical center operations 2,843,900

Library automation 750,300

Statewide database access 1,079,900

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 604,300

Wayne County library for the blind & physically handicapped 49,200

Book distribution centers 332,000

Library services and technology act 4,557,400

Renaissance zone reimbursement 501,000

GROSS APPROPRIATION $ 39,916,700

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 $ 35,197,400

Sec. 109. DEPARTMENT OF MANAGEMENT AND BUDGET

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 961.5

GROSS APPROPRIATION $ 163,529,800

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 72,113,300

ADJUSTED GROSS APPROPRIATION $ 91,416,500

Federal revenues:

Total federal revenues 550,500

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 43,905,200

State general fund/general purpose $ 46,960,800

(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 $ 548,600

Departmentwide services--62.0 FTE positions 15,017,000

Statewide administrative services--256.0 FTE positions 25,537,600

Statewide support services--353.0 FTE positions 67,207,800

Michigan administrative information network--111.0 FTE positions 25,177,100

GROSS APPROPRIATION $ 133,488,100

Appropriated from:

Interdepartmental grant revenues:

IDG from building occupancy and parking charges 65,843,500

IDG from MDCH 235,000

IDG from MDOT, comprehensive transportation fund 50,200

IDG from MDOT, state aeronautics fund 26,600

IDG from MDOT, state trunkline fund 889,500

IDG from department of career development 100,000

IDG from user fees 3,713,500

Federal revenues:

Federal - MESA, administration fund 550,500

Special revenue funds:

Game and fish protection fund 188,300

Health management funds 1,245,900

Marine safety fund 22,800

MAIN user charges 4,624,600

Special revenue, internal service, and pension trust funds 7,209,300

State building authority revenue 459,900

State lottery fund 192,600

State sponsored group insurance, flexible spending accounts and COBRA 4,772,300

Waterways fund 44,800

State general fund/general purpose $ 43,318,800

(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 179.5

Building occupancy charges - property management services for executive/legislative

building occupancy $ 1,820,400

Retirement services--165.5 FTE positions 25,346,800

Office of children's ombudsman--14.0 FTE positions 1,207,300

Health insurance reserve fund payment 412,200

GROSS APPROPRIATION $ 28,786,700

Appropriated from:

Special revenue funds:

Deferred compensation 2,841,900

Pension trust funds 22,302,800

State general fund/general purpose $ 3,642,000

Sec. 110. DEPARTMENT OF STATE

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 2,048.0

GROSS APPROPRIATION $ 186,385,200

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 54,904,200

ADJUSTED GROSS APPROPRIATION $ 131,481,000

Federal revenues:

Total federal revenues 2,704,700

Special revenue funds:

Total local revenues 0

Total private revenues 501,600

Total other state restricted revenues 63,144,500

State general fund/general purpose $ 65,130,200

(2) EXECUTIVE DIRECTION

Full-time equated unclassified positions 6.0

Full-time equated classified positions 28.2

Secretary of state $ 124,900

Unclassified positions--5.0 FTE positions 457,800

Operations--28.2 FTE positions 1,931,300

GROSS APPROPRIATION $ 2,514,000

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 552,000

Special revenue funds:

Auto repair facilities fees 49,100

Driver fees 82,300

Expedient service fees 42,200

Look-up fees 387,200

Parking ticket court fines 6,600

Personal identification card fees 9,900

Reinstatement fees - operator licenses 87,800

Vehicle theft prevention fees 29,000

State general fund/general purpose $ 1,267,900

(3) DEPARTMENT SERVICES

Full-time equated classified positions 272.3

Operations--162.8 FTE positions $ 18,188,700

Data processing--103.0 FTE positions 24,739,500

Assigned claims assessments--6.5 FTE positions 625,700

GROSS APPROPRIATION $ 43,553,900

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 15,922,300

Federal revenues:

Federal funds 104,800

Special revenue funds:

Administrative order processing fees 10,400

Assigned claims assessments 625,700

Auto repair facilities fees 535,600

Child support clearance fees 45,700

Driver fees 1,096,500

Expedient service fees 676,300

Look-up fees 9,235,400

Marine safety fund 66,000

Off-road vehicle title fees 6,900

Parking ticket court fines 124,100

Personal identification card fees 99,100

Reinstatement fees - operator licenses 876,900

Scrap tire fund 60,700

Snowmobile registration fee revenue 15,800

Vehicle theft prevention fees 388,800

State general fund/general purpose $ 13,662,900

(4) REGULATORY SERVICES

Full-time equated classified positions 198.6

Operations--96.9 FTE positions $ 7,863,600

Auto regulation--101.7 FTE positions 7,195,200

GROSS APPROPRIATION $ 15,058,800

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 3,383,100

Federal revenues:

Federal funds 82,900

Special revenue funds:

Auto repair facilities fees 3,806,400

Driver fees 543,300

Expedient service fees 27,000

Look-up fees 2,269,500

Parking ticket court fines 7,400

Personal identification card fees 37,000

Reinstatement fees - operator licenses 477,000

Vehicle theft prevention fees 1,281,900

State general fund/general purpose $ 3,143,300

(5) CUSTOMER DELIVERY SERVICES

Full-time equated classified positions 1,442.7

Branch operations--1,001.8 FTE positions $ 65,798,100

Central records--339.1 FTE positions 24,370,700

Service delivery operations--85.6 FTE positions 6,189,500

Commemorative license plates--16.2 FTE positions 2,853,300

Specialty license plates 4,215,000

Olympic center plate 75,700

Organ donor program 104,100

GROSS APPROPRIATION $ 103,606,400

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 32,447,800

Federal revenues:

Federal funds 1,086,200

Special revenue funds:

Private funds 100

Auto repair facilities fees 76,500

Child support clearance fees 331,500

Commercial driver training school fees 57,200

Driver fees 11,336,500

Expedient service fees 1,602,000

Look-up fees 15,869,600

Marine safety fund 945,700

Mobile home commission fees 392,500

Motorcycle safety fund 125,100

Off-road vehicle title fees 101,100

Olympic center training fund 75,700

Parking ticket court fines 1,357,000

Personal identification card fees 1,267,900

Reinstatement fees - operator licenses 1,924,000

Snowmobile registration fee revenue 276,900

Vehicle theft prevention fees 174,800

State general fund/general purpose $ 34,158,300

(6) ELECTION REGULATION

Full-time equated classified positions 31.5

Election administration and services--28.5 FTE positions $ 2,949,600

Fees to local units 69,800

Qualified voter file--3.0 FTE positions 1,408,700

GROSS APPROPRIATION $ 4,428,100

Appropriated from:

State general fund/general purpose $ 4,428,100

(7) HISTORICAL PROGRAM

Full-time equated classified positions 74.7

Historical administration and services--64.3 FTE positions $ 5,093,800

Federal programs--8.9 FTE positions 1,430,800

Mann house--0.5 FTE position 101,500

Lighthouse program--1.0 FTE position 152,700

Heritage publications 700,000

Private grants and gifts 400,000

GROSS APPROPRIATION $ 7,878,800

Appropriated from:

Federal revenues:

DOI-NPS, historic preservation grants-in-aid 924,900

Federal funds 505,900

Special revenue funds:

Private - grants and gifts 400,000

Private - Mann house trust fund 101,500

Heritage publication fund 700,000

State general fund/general purpose $ 5,246,500

(8) DEPARTMENTWIDE APPROPRIATIONS

Building occupancy charges/rent $ 8,476,200

Worker's compensation 869,000

GROSS APPROPRIATION $ 9,345,200

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 2,599,000

Special revenue funds:

Auto repair facilities fees 160,800

Driver fees 494,600

Expedient service fees 16,100

Look-up fees 2,318,300

Parking ticket court fines 533,200

State general fund/general purpose $ 3,223,200

Sec. 111. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 9.0

Full-time equated classified positions 1,986.5

GROSS APPROPRIATION $ 2,047,482,900

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 9,178,400

ADJUSTED GROSS APPROPRIATION $ 2,038,304,500

Federal revenues:

Total federal revenues 33,800,000

Special revenue funds:

Total local revenues 1,845,900

Total private revenues 0

Total other state restricted revenues 1,842,337,900

State general fund/general purpose $ 160,320,700

(2) EXECUTIVE DIRECTION

Full-time equated unclassified positions 9.0

Full-time equated classified positions 4.0

Unclassified positions--9.0 FTE positions $ 770,400

Office of the director--4.0 FTE positions 478,000

GROSS APPROPRIATION $ 1,248,400

Appropriated from:

Special revenue funds:

State lottery fund 118,200

State services fee fund 133,200

State general fund/general purpose $ 997,000

(3) DEPARTMENTWIDE APPROPRIATIONS

Travel $ 1,815,900

Rent and building occupancy charges - property management services 3,699,300

Worker's compensation insurance premium 579,600

GROSS APPROPRIATION $ 6,094,800

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, state aeronautics fund 2,700

IDG, state agency collection fees 17,900

Special revenue funds:

Delinquent property tax administration fund 127,000

Delinquent tax collection revenue 3,228,500

Municipal finance fees 11,200

Treasury fees 18,900

Waterways fund 2,300

State general fund/general purpose $ 2,686,300

(4) LOCAL GOVERNMENT PROGRAMS

Full-time equated classified positions 104.0

Supervision of the general property tax law--49.0 FTE positions $ 3,587,300

Property tax assessor training--4.0 FTE positions 357,600

Local property tax services--22.5 FTE positions 2,771,700

Local finance--28.5 FTE positions 2,016,500

State compliance audits 60,000

Pari-mutuel audits 240,000

GROSS APPROPRIATION $ 9,033,100

Appropriated from:

Special revenue funds:

Local - assessor training fees 357,600

Local - audit charges 688,300

Local - equalization study charge-backs 50,000

Local - revenue from local government 50,000

Delinquent property tax administration fund 2,447,400

Municipal finance fees 243,300

State general fund/general purpose $ 5,196,500

(5) TAX PROGRAMS

Full-time equated classified positions 758.5

Administration--229.0 FTE positions $ 18,349,900

Enforcement--521.5 FTE positions 34,312,100

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 206,200

Tobacco tax collection--4.0 FTE positions 208,100

Sales and use tax multi-state cooperative initiative 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 $ 66,196,200

Appropriated from:

Interdepartmental grant revenues:

IDG, data/collection services fees 250,900

IDG from FIA 1,545,000

IDG from MDCH 208,100

IDG from MDOT, state aeronautics fund 41,800

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 37,672,400

Michigan pharmaceutical 182,500

Michigan underground storage tank financial assurance revenue 206,200

Tobacco tax revenue 325,000

Waterways fund 54,400

State general fund/general purpose $ 23,449,900

(6) MANAGEMENT PROGRAMS

Full-time equated classified positions 528.5

Administrative services--114.5 FTE positions $ 7,678,600

Controller operations--224.0 FTE positions 14,661,600

Information technology services--171.0 FTE positions 12,347,900

Unclaimed property services--8.0 FTE positions 3,031,300

Receipt, warrant and cash processing 3,736,300

Fiscal agent--3.0 FTE positions 144,300

Child support order offsets--8.0 FTE positions 522,300

GROSS APPROPRIATION $ 42,122,300

Appropriated from:

Interdepartmental grant revenues:

IDG, fiscal agent service fees 144,300

IDG from FIA, title IV D 492,700

IDG from MDOT, state aeronautics fund 16,500

IDG, levy/warrant cost assessment fees 1,792,100

IDG, receipt, warrant and cash processing fees 3,736,300

IDG, state agency collection fees 437,600

IDG, user services 492,500

Special revenue funds:

Children's trust fund 6,400

Delinquent property tax administration fund 17,900

Delinquent tax collection revenue 14,157,000

Escheats revenue 3,031,300

Garnishment fees 407,200

Treasury fees 156,600

Waterways fund 17,700

State general fund/general purpose $ 17,216,200

(7) FINANCIAL PROGRAMS

Full-time equated classified positions 297.5

Retirement investments--86.5 FTE positions $ 9,132,000

Common cash investments and debt management--10.5 FTE positions 818,400

Student financial assistance programs--174.5 FTE positions 33,549,900

Michigan merit award board/MEAP administration--26.0 FTE positions 18,870,600

Michigan education savings program 10,000,000

GROSS APPROPRIATION $ 72,370,900

Appropriated from:

Federal revenues:

DED-OPSE, federal lenders allowance 9,487,900

DED-OPSE, higher education act of 1965, insured loans 22,302,100

Special revenue funds:

College work study 46,300

Michigan merit award trust fund 18,870,600

Tobacco settlement trust fund 10,000,000

Retirement funds 9,132,000

School bond fees 330,200

Treasury fees 243,800

State general fund/general purpose $ 1,958,000

(8) DEBT SERVICE

Water pollution control bond and interest redemption $ 2,627,100

School bond loan 28,402,000

Quality of life bond 50,581,700

Clean Michigan initiative 9,959,700

GROSS APPROPRIATION $ 91,570,500

Appropriated from:

Special revenue funds:

Local - school bond loan repayments by school districts 700,000

State general fund/general purpose $ 90,870,500

(9) GRANTS

Grants to counties in lieu of taxes $ 10,000

Convention facility development distribution 44,000,000

Michigan education trust fund challenge grants 50,000

Senior citizen cooperative housing tax exemption program 13,700,600

Constitutional state general revenue sharing grants 661,400,000

Statutory state general revenue sharing grants 939,200,000

Commercial mobile radio service payments 16,000,000

Health and safety fund grants 23,175,000

City of Benton Harbor - enterprise zone 170,600

Tax increment finance authority payments 4,000,100

Revenue sharing reimbursement -- Marenisco Township 15,000

GROSS APPROPRIATION $ 1,701,721,300

Appropriated from:

Special revenue funds:

Commercial mobile radio service fees 16,000,000

Convention facility development fund 44,000,000

Sales tax 1,600,600,000

Health and safety fund 23,175,000

State general fund/general purpose $ 17,946,300

(10) STATE LOTTERY

Full-time equated classified positions 202.0

Lottery operations--164.0 FTE positions $ 13,327,100

Promotion and advertising 18,372,000

Lottery data processing--38.0 FTE positions 4,959,500

GROSS APPROPRIATION $ 36,658,600

Appropriated from:

Special revenue funds:

State lottery fund 36,658,600

State general fund/general purpose $ 0

(11) CASINO GAMING

Full-time equated classified positions 92.0

Michigan gaming control board $ 500,000

Casino gaming control administration--92.0 FTE positions 19,966,800

GROSS APPROPRIATION $ 20,466,800

Appropriated from:

Special revenue funds:

Casino gambling agreements 383,500

State services fee fund 20,083,300

State general fund/general purpose $ 0".

2. Amend page 32, line 11, after "is" by striking out "$2,465,969,400.00" and inserting "$2,460,694,800.00".

3. Amend page 32, line 13, after "is" by striking out "$1,715,774,300.00" and inserting "$1,714,724,300.00".

4. Amend page 33, following line 9, by striking out

"Grant to the City of Center Line, emergency vehicle exhaust systems 50,000".

5. Amend page 33, line 13, by striking out all of line 13.

6. Amend page 33, line 14, by striking out "1,693,921,300" and inserting "1,692,871,300".

7. Amend page 33, line 15, by striking out "1,715,774,300" and inserting "1,714,724,300".

8. Amend page 50, following line 5, by striking out all of section 634.

9. Amend page 51, following line 16, by inserting:

"Sec. 656. (1) The Detroit and Grand Rapids public libraries shall each submit a report that specifies all of the following:

(a) From the funds appropriated in section 108 to the Detroit and Grand Rapids public libraries, all of the unique services that each library provides to the public.

(b) From the funds appropriated in section 108 to the Detroit and Grand Rapids public libraries, all of the unique services that each library provides to the state of Michigan.

(c) From the funds appropriated in section 108 to the Detroit and Grand Rapids public libraries, the amount of funding expended by each library for providing the services described in subdivisions (a) and (b).

(2) The reports required under this section shall be submitted by April 1 to the senate and house of representatives standing committees on appropriations subcommittees on general government.".

10. Amend page 58, following line 22, by striking out all of section 719 and inserting:

"Sec. 719. The department of management and budget shall create a privacy policy that addresses the use of technologies to better serve individuals. The retention of information beyond the current web session shall not take place unless approved by those individuals. Information collected shall not be disseminated to businesses or private individuals that would use this information for third party surveys, marketing, or solicitations.".

11. Amend page 64, line 25, by striking out "$502,700.00" and inserting "$152,700.00".

12. Amend page 65, line 11, after "exceeds" by striking out "$50,000.00" and inserting "$20,000.00".

13. Amend page 69, line 6, by striking out all of sections 825 and 826.

14. Amend page 85, line 24, by striking out all of subsections (3) and (4) and renumbering the remaining subsections.

15. Amend page 87, line 21, by striking out all of section 937.

16. Amend page 90, following line 2, by inserting:

"Sec. 956. County treasurers shall comply with section 151 of the state school aid act of 1979, 1979 PA 94, MCL 388.1751, to receive funds under section 111 for the statutory state general revenue sharing grant payments in excess of the constitutional state general revenue sharing grant payments. The payment of funds under section 111 for the statutory state general revenue sharing grant payments in excess of the constitutional state general revenue sharing grant payments shall not be withheld if a local unit of government fails to provide a county treasurer with information necessary to comply with section 151 of the state school aid act of 1979, 1979 PA 94, MCL 388.1751.".

17. Amend page 90, line 12, by striking out all of section 959.

Second: That the House and Senate 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, 2001; 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, 2001; 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 Pappageorge

Janet Kukuk

Lynne Martinez

Conferees for the House

John J.H. Schwarz, M.D.

Shirley Johnson

Joe Young, Jr.

Conferees for the Senate

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. 804 Yeas--103

Allen Ehardt Kilpatrick Rison

Baird Faunce Koetje Rivet

Basham Frank Kowall Sanborn

Birkholz Garcia Kuipers Schauer

Bisbee Garza Kukuk Schermesser

Bishop Geiger LaForge Scott

Bogardus Gieleghem LaSata Scranton

Bovin Gilbert Law Shackleton

Bradstreet Godchaux Lockwood Sheltrown

Brater Gosselin Mans Shulman

Brewer Green Martinez Spade

Brown, B. Hager Mead Stamas

Brown, C. Hale Middaugh Switalski

Byl Hanley Minore Tabor

Callahan Hansen Mortimer Tesanovich

Cassis Hart Neumann Thomas

Caul Howell O'Neil Toy

Cherry Jacobs Pappageorge Van Woerkom

Clark, I. Jamnick Patterson Vander Roest

Clarke, H. Jansen Pestka Vaughn

Daniels Jelinek Price Vear

DeHart Jellema Prusi Voorhees

Dennis Johnson, Rick Pumford Wojno

DeRossett Johnson, Ruth Raczkowski Woodward

DeVuyst Julian Richardville Woronchak

DeWeese Kelly Richner

Nays--1

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.

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 5276, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2001; 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 House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2001; 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 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 department of environmental quality for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF ENVIRONMENTAL QUALITY

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 1,631.7

GROSS APPROPRIATION $ 409,510,800

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 17,511,700

ADJUSTED GROSS APPROPRIATION $ 391,999,100

Federal revenues:

Total federal revenues 129,737,500

Special revenue funds:

Total local revenues 1,103,900

Total private revenues 419,900

Total other state restricted revenues 160,831,600

State general fund/general purpose $ 99,906,200

FUND SOURCE SUMMARY:

GROSS APPROPRIATION $ 409,510,800

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 855,700

IDG-MSP 609,400

IDG-MDCH, local public health operations 10,267,200

IDT, interdivisional charges 5,779,400

Total interdepartmental grants and intradepartmental transfers 17,511,700

ADJUSTED GROSS APPROPRIATION $ 391,999,100

Federal revenues:

DOC, federal 1,500,000

DOC-NOAA, federal 1,547,700

DOD, federal 850,600

DOI, federal 51,300

DOI-USGS, federal 101,300

DOI-OSMRE, federal 303,700

EPA, federal 25,137,500

EPA-GWDW 3,715,600

EPA, radon 309,100

EPA, superfund 8,428,800

EPA-UST 267,600

EPA-LUST trust 2,067,400

FEMA, federal 456,900

Federal revenues 85,000,000

Total federal revenues 129,737,500

Special revenue funds:

Local funds 1,103,900

Total local revenues 1,103,900

Private funds 333,700

Private - oil company overcharge settlement 86,200

Total private revenues 419,900

Aboveground storage tank fees 705,800

Clean Michigan initiative - administration 2,372,500

Clean Michigan initiative - clean water fund 2,500,000

Community pollution prevention fund 250,000

Hazardous waste facility closure revenue 1,000,000

Solid waste facility closure revenue 1,000,000

Air emissions fees 11,611,100

CESARS service fee 25,500

Cleanup and redevelopment fund 8,200,000

Drinking water revolving fund 6,023,600

Environmental response fund 8,483,000

Environmental education fund 178,900

Environmental pollution prevention fund 1,269,800

Environmental protection fund 6,000,000

Environmental training revenue 284,900

Fees and collections 750,200

Great Lakes protection fund 2,000,000

Hazardous materials transportation permit fund 82,400

Land and water permit fees 2,966,100

Landfill maintenance trust fund 46,500

Medical waste fees 411,800

Metallic mining surveillance fee revenue 65,900

Mineral well regulatory fee revenue 408,500

Michigan underground storage tank financial assurance fund 62,321,600

Oil and gas regulatory fund 9,410,100

Orphan well fund 1,314,200

Publication revenue 100,000

Public utility assessments 773,300

Public water supply fees 4,110,500

Revitalization revolving loan fund 1,000,000

Settlement funds 3,383,200

Saginaw Bay and River restoration revenue 150,000

Sand extraction fee revenue 184,100

Scrap tire regulatory fund 1,759,200

Septage waste license fees 200,000

Sewage sludge land application fee 722,600

Solid waste program fees 1,245,200

Stormwater permit fees 1,317,000

Underground storage tank fees 6,378,500

Water analysis fees 2,353,500

Waste reduction fee revenue 4,131,400

Water pollution control revolving fund 3,120,500

Wastewater operator training fees 162,100

Water use reporting fees 58,100

Total other state restricted revenues 160,831,600

State general fund/general purpose $ 99,906,200

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 6.0

Full-time equated classified positions 13.0

Unclassified salaries--6.0 FTE positions $ 485,400

Executive direction--7.0 FTE positions 1,069,500

Office of the Great Lakes--6.0 FTE positions 790,500

GROSS APPROPRIATION $ 2,345,400

Appropriated from:

Federal revenues:

EPA, federal 223,200

DOI, federal 51,300

Special revenue funds:

Environmental response fund 41,700

Environmental education fund 178,900

Oil and gas regulatory fund 86,700

Settlement funds 208,400

State general fund/general purpose $ 1,555,200

Sec. 103. FINANCIAL AND BUSINESS SERVICES

Full-time equated classified positions 83.0

Financial support services--28.0 FTE positions $ 1,709,800

Field operations support--20.0 FTE positions 1,443,300

Automated data processing--12.0 FTE positions 6,130,700

Office of special environmental projects--6.0 FTE positions 591,600

Personnel--13.0 FTE positions 790,500

Administrative hearings--4.0 FTE positions 402,900

GROSS APPROPRIATION $ 11,068,800

Appropriated from:

Interdepartmental grant revenues:

IDT, interdivisional charges 5,779,400

Federal revenues:

DOD, federal 1,000

EPA, federal 200,000

EPA, superfund 56,400

Special revenue funds:

Aboveground storage tank fee revenue 24,100

Clean Michigan initiative - administration 154,500

Environmental response fund 811,000

Land and water permit fees 33,300

Michigan underground storage tank financial assurance fund 172,200

Oil and gas regulatory fund 434,100

Public water supply fees 165,000

Scrap tire regulatory fund 33,200

Settlement funds 183,900

State general fund/general purpose $ 3,020,700

Sec. 104. DEPARTMENTAL OPERATION SUPPORT

Building occupancy charges $ 2,652,900

Rent-privately owned property 4,913,700

Publications 100,000

GROSS APPROPRIATION $ 7,666,600

Appropriated from:

Special revenue funds:

Air emissions fees 341,200

Environmental pollution prevention fund 37,900

Environmental response fund 428,700

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 11,600

Public water supply fees 167,000

Stormwater permit fees 44,500

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 $ 5,517,400

Sec. 105. GEOLOGICAL SURVEY

Full-time equated classified positions 79.5

Services to oil and gas programs--70.0 FTE positions $ 8,689,700

Well plugging - orphan wells--2.5 FTE positions 1,314,200

Coal and sand dune management--3.0 FTE positions 589,100

Mineral wells management--3.0 FTE positions 408,500

Metallic mining reclamation program--1.0 FTE position 65,900

GROSS APPROPRIATION $ 11,067,400

Appropriated from:

Federal revenues:

DOI-USGS, federal 101,300

DOI-OSMRE, federal 303,700

Special revenue funds:

Environmental response fund 73,600

Metallic mining surveillance fee revenue 65,900

Mineral well regulatory fee revenue 408,500

Orphan well fund 1,314,200

Oil and gas regulatory fund 8,486,500

Sand extraction fee revenue 184,100

State general fund/general purpose $ 129,600

Sec. 106. LAND AND WATER MANAGEMENT

Full-time equated classified positions 152.0

Land and water program direction--14.0 FTE positions $ 1,153,400

Field permitting and project assistance--81.0 FTE positions 6,854,400

Water management--26.0 FTE positions 2,286,800

Great Lakes shorelands--31.0 FTE positions 3,246,000

GROSS APPROPRIATION $ 13,540,600

Appropriated from:

Interdepartmental grant revenues:

IDG, Michigan transportation fund 855,700

Federal revenues:

EPA, federal 681,800

DOC-NOAA, federal 1,547,700

FEMA, federal 246,900

Special revenue funds:

Land and water permit fees 2,870,200

State general fund/general purpose $ 7,338,300

Sec. 107. AIR QUALITY

Full-time equated classified positions 221.5

Air quality programs--221.5 FTE positions $ 18,744,800

GROSS APPROPRIATION $ 18,744,800

Appropriated from:

Federal revenues:

EPA, federal 3,243,900

Special revenue funds:

Air emissions fees 8,968,500

Environmental response fund 86,100

State general fund/general purpose $ 6,446,300

Sec. 108. SURFACE WATER QUALITY

Full-time equated classified positions 211.5

Compliance and permits--109.0 FTE positions $ 9,705,400

Surface water surveillance program--36.5 FTE positions 7,467,900

Watershed management and non-point source--42.0 FTE positions 4,719,500

Volunteer river, stream, and creek cleanup program 50,000

Fish contaminant monitoring contracts 321,000

Sewage sludge land application program--9.5 FTE positions 722,600

Stormwater discharge program--14.5 FTE positions 1,195,600

GROSS APPROPRIATION $ 24,182,000

Appropriated from:

Federal revenues:

EPA, federal 7,172,300

Special revenue funds:

Local funds 1,103,900

CESARS service fee 25,500

Clean Michigan initiative - administration 540,700

Clean Michigan initiative - clean water fund 2,500,000

Environmental response fund 143,400

Saginaw Bay and River restoration revenue 150,000

Sewage sludge land application fee 722,600

State water pollution control revolving fund 584,100

Stormwater permit fees 1,189,200

State general fund/general purpose $ 10,050,300

Sec. 109. DRINKING WATER AND RADIOLOGICAL PROTECTION

Full-time equated classified positions 209.7

Environmental health--34.0 FTE positions $ 3,639,100

Laboratory services administration--69.0 FTE positions 6,153,000

Drinking water--88.2 FTE positions 12,131,400

Radiological protection--18.5 FTE positions 1,651,200

Groundwater use reporting 100,000

GROSS APPROPRIATION $ 23,674,700

Appropriated from:

Interdepartmental grant revenues

IDG-MSP 609,400

Federal revenues:

EPA, federal 890,600

EPA-GWDW 3,556,000

EPA, radon 219,100

Special revenue funds:

Drinking water revolving fund 3,430,500

Great Lakes protection fund 100,000

Medical waste fees 393,200

Public water supply fees 2,378,500

Settlement funds 283,100

Water analysis fees 2,260,600

Water use reporting fees 53,900

Fees and collections 697,500

State general fund/general purpose $ 8,802,300

Sec. 110. LOW-LEVEL RADIOACTIVE WASTE AUTHORITY

Full-time equated classified positions 2.0

Low-level radioactive waste authority--2.0 FTE positions $ 761,700

GROSS APPROPRIATION $ 761,700

Appropriated from:

Special revenue funds:

Public utility assessments 761,700

State general fund/general purpose $ 0

Sec. 111. ENVIRONMENTAL RESPONSE

Full-time equated classified positions 257.0

Environmental cleanup and redevelopment program $ 16,352,600

Contaminated site investigations, cleanup, and revitalization--206.0 FTE positions 16,209,100

State cleanup (part 201 of 1994 PA 451) 3,397,700

Emergency cleanup actions 2,000,000

Federal cleanup project management--51.0 FTE positions 5,302,600

Revitalization revolving loan program 7,000,000

Superfund cleanup 7,250,000

GROSS APPROPRIATION $ 57,512,000

Appropriated from:

Federal revenues:

DOD, federal 849,600

EPA, federal 1,411,000

EPA, superfund 8,372,400

Special revenue funds:

Private funds 133,700

Clean Michigan initiative - administration 1,000,000

Cleanup and redevelopment fund 5,234,000

Environmental response fund 5,819,500

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 $ 25,004,600

Sec. 112. STORAGE TANKS

Full-time equated classified positions 120.5

MI underground storage tank financial assurance program--36.5 FTE positions $ 61,908,900

Underground storage tank program--45.0 FTE positions 6,670,700

Aboveground storage tank program--9.0 FTE positions 681,700

Leaking underground storage tank cleanup program 5,966,000

Emergency cleanup actions 2,000,000

Leaking underground storage tank program--30.0 FTE positions 4,373,800

GROSS APPROPRIATION $ 81,601,100

Appropriated from:

Federal revenues:

EPA-LUST trust 2,067,400

EPA-UST 267,600

Special revenue funds:

Aboveground storage tank fees 681,700

Clean Michigan initiative - administration 600,000

Cleanup and redevelopment fund 2,966,000

Environmental response fund 1,079,000

Michigan underground storage tank financial assurance fund 61,908,900

Underground storage tank fees 6,201,100

State general fund/general purpose $ 5,829,400

Sec. 113. WASTE MANAGEMENT

Full-time equated classified positions 149.0

Administration and technical support--20.0 FTE positions $ 1,549,000

Compliance and enforcement--72.0 FTE positions 4,809,900

Hazardous waste permits--25.0 FTE positions 2,128,700

Groundwater permits--18.0 FTE positions 1,366,700

Solid waste program--14.0 FTE positions 1,367,900

Hazardous waste program support 605,000

Hazardous waste disposal facility closures 1,000,000

Solid waste disposal facility closures 1,000,000

GROSS APPROPRIATION $ 13,827,200

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 82,400

Solid waste facility closure revenue 1,000,000

Environmental pollution prevention fund 1,231,900

Scrap tire regulatory fund 934,800

Solid waste program fees 1,203,300

Waste reduction fee revenue 60,000

State general fund/general purpose $ 5,411,800

Sec. 114. ENVIRONMENTAL ASSISTANCE DIVISION

Full-time equated classified positions 109.0

Municipal assistance--39.5 FTE positions $ 3,198,900

Pollution prevention--37.0 FTE positions 3,387,500

Low-income community wastewater assistance 90,000

Environmental services--12.0 FTE positions 1,408,300

Pollution prevention outreach 200,000

Technical assistance--20.5 FTE positions 2,600,400

GROSS APPROPRIATION $ 10,885,100

Appropriated from:

Federal revenues:

EPA, federal 783,300

EPA-GWDW 159,600

Special revenue funds:

Private funds 200,000

Private - oil company overcharge settlement 86,200

Air emissions fees 636,600

Clean Michigan initiative - administration 77,300

Settlement funds 67,100

Drinking water revolving fund 1,263,100

Environmental training revenue 284,900

State water pollution control revolving fund 2,457,000

Stormwater permit fees 83,300

Waste reduction fee revenue 4,019,400

Wastewater operator training fees 162,100

State general fund/general purpose $ 605,200

Sec. 115. CRIMINAL INVESTIGATIONS

Full-time equated classified positions 22.0

Environmental investigations--22.0 FTE positions $ 1,888,200

GROSS APPROPRIATION $ 1,888,200

Appropriated from:

Federal revenues:

EPA, federal 128,400

Special revenue funds:

MUSTFA fund 108,200

Oil and gas regulatory fund 133,500

Scrap tire regulatory fund 56,200

State general fund/general purpose $ 1,461,900

Sec. 116. GRANTS

Grants to counties--air pollution $ 2,854,900

Water pollution control and drinking water revolving fund 102,353,500

Noncommunity water grants 1,400,000

Land resource program grants 1,800,000

Federal - nonpoint source water pollution grants 6,500,000

Federal - Great Lakes remedial action plan grants 700,000

Great Lakes research and protection grants 1,900,000

Pollution prevention local grants 250,000

Radon grants 135,000

Septage waste compliance grants 200,000

Scrap tire grants 700,000

Drinking water revolving fund implementation 1,330,000

Local health department operations 10,267,200

GIS, floodplain mapping 210,000

GROSS APPROPRIATION $ 130,600,600

Appropriated from:

Interdepartmental grant revenues

IDG-MDCH, local public health operations 10,267,200

Federal revenues:

DOC, federal 1,500,000

EPA, federal 7,500,000

EPA, radon 90,000

FEMA, federal 210,000

Federal revenues 85,000,000

Special revenue funds:

Air emissions fees 1,664,800

Community pollution prevention fund 250,000

Drinking water revolving fund 1,330,000

Great Lakes protection fund 1,900,000

Public water supply fees 1,400,000

Scrap tire regulatory fund 700,000

Septage waste license fees 200,000

State general fund/general purpose $ 18,588,600

Sec. 118. BOND WASTE MANAGEMENT

Full-time equated classified positions 2.0

Solid waste implementation staff--2.0 FTE positions $ 144,600

GROSS APPROPRIATION $ 144,600

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 144,600

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2000-2001 is $260,737,800.00 and state spending from state resources to be paid to local units of government for fiscal year 2000-2001 is $6,529,900.00. 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 700,000

Noncommunity water grants 1,400,000

Radon grants 45,000

Drinking water grants 1,330,000

TOTAL $ 6,529,900

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. As used in this act:

(a) "CESARS" means chemical evaluation search and retrieval system.

(b) "CMI" means clean Michigan initiative.

(c) "Department" means the department of environmental quality.

(d) "DOC" means the United States department of commerce.

(e) "DOC-NOAA" means the DOC national oceanic and atmospheric administration.

(f) "DOD" means the United States department of defense.

(g) "DOE" means the United States department of energy.

(h) "DOI" means the United States department of interior.

(i) "DOI-OSMRE" means the DOI office of surface mine reclamation.

(j) "DOI-USGS" means the DOI United States geological survey.

(k) "EPA" means the United States environmental protection agency.

(l) "EPA-GWDW" means the EPA groundwater drinking water.

(m) "EPA-LUST trust" means the EPA leaking underground storage tank trust fund.

(n) "EPA, radon" means the EPA radon grants.

(o) "EPA-UST" means the EPA underground storage tank.

(p) "FEMA" means the federal emergency management agency.

(q) "FTE" means full-time equated position.

(r) "GIS" means geographic information system.

(s) "IDG" means interdepartmental grant.

(t) "IDT" means intradepartmental transfer.

(u) "MDCH" means the Michigan department of community health.

(v) "MDSP" means the Michigan department of state police.

(w) "MI" means Michigan.

(x) "MUSTFA" means the Michigan underground storage tank financial assurance fund.

(y) "NPL" means the federal national priority list.

Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge 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. 205. (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 of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous month and the justification for the exception.

Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under 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 under 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 $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under 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 $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 207. At least 60 days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate senate and house of representatives appropriations subcommittees and the senate and house 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 senate and house of representatives appropriations subcommittees and the senate and house fiscal agencies within 30 months.

Sec. 208. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or legislative Intranet site. The senate and house of representatives appropriations subcommittees and senate and house fiscal agencies shall be notified in writing of the Internet or Intranet site of any such report. Quarterly, the department shall provide a cumulative listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, and a list of those reports expected to be transmitted in the following quarter.

Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

Sec. 210. The director of each department receiving appropriations in part 1 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. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 211. (1) From funds appropriated under part 1, the department shall prepare a report that lists all of the following regarding grant or loan or grant and loan programs administered by the department for the fiscal year ending on September 30, 2001:

(a) The name of each program.

(b) The goals of the program, the criteria, eligibility, process, filing fees, nominating procedures, and deadlines for each program.

(c) The maximum and minimum grant and loan available and whether there is a match requirement for each program.

(d) The amount of any required match, and whether in-kind contributions may be used as part or all of a required match.

(e) Information pertaining to the application process, timeline for each program, and the contact people within the department.

(f) The source of funds for each program, including the citation of pertinent authorizing acts.

(g) Information regarding plans for the next fiscal year for the phaseout, expansion, or changes for each program.

(h) A listing of all recipients of grants or loans awarded by the department by type and amount of grant or loan.

(2) The reports required under this section shall be submitted to the senate and house of representatives appropriations committees and senate and house fiscal agencies by January 1, 2001.

Sec. 212. By February 15, 2001, the department shall provide the state budget director, the subcommittees on natural resources and environmental quality of the house and senate appropriations committees, and the senate and house fiscal agencies with an annual report on restricted fund balances, projected revenues, and expenditures for the fiscal years ending September 30, 2000 and September 30, 2001.

Sec. 213. The department shall provide an annual report on the total amount of funds received from responsible parties and legal settlements, and the disposition of these funds. Included in the report shall be a listing of the individual settlement cases, the location of the facilities involved, the type of violation committed, and the amount of funds received.

Sec. 214. The department shall notify the legislature and offer a public meeting and public comment opportunity with respect to any request received by the state of Michigan to divert water from the Great Lakes pursuant to the water resources development act of 1986, Public Law 99-665, 100 Stat. 4082.

Sec. 215. 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.

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. The state budget director shall provide a list of proposed work projects funded, in whole or in part, from appropriations in this act to the house and senate appropriations committees on November 15, 2000. This list shall provide detailed information including a description of project activities and services, the total work project funding level, spending for the fiscal year ending September 30, 1999, and the amount of budget authority required to complete the project.

Sec. 218. A joint legislative work group on court settlements is established. This work group shall consist of representatives of the house and senate standing committees and the house and senate appropriations subcommittees on natural resources and environmental quality. Members shall be appointed on a bipartisan basis by the speaker of the house of representatives and the senate majority leader. Assistance and staff support to the work group may be provided by the house and senate fiscal agencies. The work group shall issue a report on December 15, 2000 to the members of the legislature that includes a strategy for disbursing settlement revenue to impacted local governmental units in a manner consistent with court settlement agreements.

Sec. 219. (1) The department shall report all of the following information relative to allocations made in part 1 for the environmental cleanup and redevelopment program, state cleanup, emergency actions, superfund cleanup, the revitalization revolving loan program, the brownfield grants and loans program, the leaking underground storage tank cleanup program, the contaminated lake and river sediments cleanup program, and the environmental protection bond projects under section 19508(7) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget director, the senate and house of representatives appropriations subcommittees on environmental quality, and the senate and house fiscal agencies:

(a) The name and location of the site for which an allocation is made.

(b) The nature of the problem encountered at the site.

(c) A brief description of how the problem will be resolved if the allocation is made for a response activity.

(d) The estimated date that site closure activities will be completed.

(e) The amount of the allocation, or the anticipated financing for the site.

(f) A summary of the sites and the total amount of funds expended at the sites at the conclusion of the fiscal year.

(g) The number of sites that would qualify as brownfields that were redeveloped.

(2) The report prepared under subsection (1) shall also include all of the following:

(a) The status of all state-owned facilities that are on the list compiled under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142.

(b) The report shall include the total amount of funds expended during the fiscal year and the total amount of funds awaiting expenditure.

(c) The total amount of bonds issued for the environmental protection bond program pursuant to part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.

(3) The report shall be made available by March 31 of each year.

Sec. 220. By September 30, 2001, the department shall make electronically available via the department web site, a report of its efforts to implement the recommendations contained in the Michigan environmental science board report entitled "Analysis of the Michigan Department of Environmental Quality Administered Environmental Standard to Protect Children's Health" dated February 2000, which shall include the following efforts to include scientific and risk assessment staff from other state agencies to address children's health issues that cross agency jurisdictional boundaries, initiatives to evaluate exposure concerns resulting from contaminated soils, and data collection and risk assessment development processes for hazardous indoor and outdoor air pollutants.

Sec. 221. Of the money appropriated from the environmental education fund in section 102, $5,000.00 shall be allocated to Michigan State University Extension Service - 4H Youth Programs to fund the Michigan Youth Conservation Council.

LAND AND WATER MANAGEMENT

Sec. 301. The department shall collect Great Lakes bottomland permit fees uniformly and fairly from commercial and noncommercial users of the Great Lakes bottomlands.

Sec. 303. By July 1, 2001, the department shall make or cause to be made a grant request to the Michigan Great Lakes protection fund for the purpose of an inventory of Michigan wetlands in counties contiguous to the Great Lakes and their connecting waters. The grant request may also include plans for the inventory of all remaining wetlands in this state on a county-by-county basis. Upon completion, the inventory shall be filed with the agricultural extension office, register of deeds, and county clerk as required by section 30321 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30321.

AIR QUALITY

Sec. 401. The department shall report quarterly, via the department's Internet website, on air quality program expenditures and revenues. The report shall include expenditures and revenues by fund source, and by program function.

SURFACE WATER QUALITY

Sec. 501. Of the funds appropriated in section 108 for surface water surveillance, a minimum of $250,000.00 shall be designated for grants to local organizations for water quality monitoring activities.

Sec. 502. (1) The department, in conjunction with the department of natural resources, shall provide a report on the impact of non-native, aquatic nuisance species and other non-native species on the natural resources and environment of the state. The report shall include recommendations for reducing or eliminating the negative impacts of such species on the natural resources and the environment of the state, and recommendations on how to prohibit new introductions of non-native aquatic nuisance species and other non-native species.

(2) The report required in subsection (1) may be included as a part of any report the department is required to prepare that assesses the status of and trends related to the overall state of the natural environment in the state. The report shall be submitted to the governor, to the standing committees of the legislature with jurisdiction over issues primarily related to natural resources and the environment, and to the senate and house appropriations subcommittees on environmental quality and natural resources. The report shall be submitted not later than October 1, 2001.

DRINKING WATER

Sec. 601. The department shall provide quarterly reports to the legislature on the revenues received and expenditures made by the drinking water and environmental units within the laboratory services appropriation line. The information shall include the types of tests conducted, the number of tests conducted at no charge, and the allocation of the general fund appropriation for each unit.

Sec. 602. The appropriation in part 1 for groundwater use reporting shall support the cost of developing a groundwater database needed to model the demands of irrigation wells on groundwater aquifers and the impacts of irrigation well systems on domestic water supplies.

ENVIRONMENTAL RESPONSE

Sec. 701. From the appropriations in part 1 for the environmental cleanup and redevelopment program under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142, the department shall continue to make authorizations for response activities at environmental contamination sites and for the administration of the environmental cleanup and redevelopment program.

Sec. 702. The unexpended portion of the appropriation in part 1 for the state cleanup program, environmental cleanup and redevelopment program, emergency cleanup action, NPL - municipal landfill match grants, state cleanup, and superfund cleanup projects is considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the projects to be carried forward is to provide contaminated site cleanup.

(b) The projects will be accomplished by contract.

(c) The total estimated cost of all projects is identified in each line-item appropriation.

(d) The tentative completion date is September 30, 2005.

Sec. 703. Of the funds appropriated in section 111 as state match for the superfund cleanup program, an amount not to exceed $250,000.00 shall be expended as state match for the hazardous substance research center.

Sec. 705. The funds appropriated in section 111 for the environmental cleanup and redevelopment program shall be used to fund redevelopment and cleanup activities on the following sites:

Allegan: Sunrise LF

Alpena: 1000 Highland Court

Antrim: Portside Cleaners

Arenac: Sappington Oil

Barry: Kavco LF

Bay: Kuhlman Electric

Calhoun: Brooks Foundry

Calhoun: McLeieer Oil/Elm Street

Clare: Agnes Gleason #1

Clare: City of Clare Sanitary LF

Crawford: Old Mill Property

Grand Traverse: Norton & Woods 1-20A

Gratiot: Velsicol Chemical Corporation

Hillsdale: Heinz Oil Company

Ingham: Kings Auto Property

Ingham: Laundry and Dry Cleaning Village

Ingham: Mobil Oil, Richard TE #1

Ionia: Whites Bridge Rd Area

Isabella: Vernon Township Ground Water Contamination

Jackson: Smith Petroleum Henry W. Zaremba et al.##A-1

Leelanau: Commercial Well W. Bayshore

Leelanau: Grand Traverse Overall Supply

Livingston: Main Street Gregory

Livingston: Marcy's Laundry Center

Manistee: Morton International Merkey 13

Monroe: Lor-San Oil

Montcalm: Greenville Drums

Montmorency: Lowell St Hillman Twp

Muskegon: Ruddiman Drums

Oakland: Cedar Creek Chloride Contamination

Oakland: Hi-Mill Mfg Co

Osceola: Richmond Sanitary Landfill

Roscommon: State B-1

Saginaw: L.A. Davidson

Shiawassee: Helena St & Frederick St Res Wells (Shiawassee Sanitary LF)

Van Buren: Commercial Street Industrial Area

Wexford: Yuma Tar

Various: Multisite Well Plugging

STORAGE TANKS

Sec. 801. (1) The funds appropriated in part 1 from the Michigan underground storage tank financial assurance fund for the purpose of carrying out the duties and responsibilities as specified in part 215 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21501 to 324.21551, are considered work project appropriations and any unencumbered funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the projects to be carried forward is to carry out the responsibilities of part 215 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21501 to 324.21551.

(b) The projects will be accomplished by contract and state employees.

(c) The total estimated cost is identified in a line-item appropriation.

(d) The tentative completion date is September 30, 2005.

(2) The Michigan underground storage tank financial assurance policy board shall allocate the amount of the underground storage tank financial assurance fund to be distributed to the department. If the amount recommended by the board is less than that appropriated in section 112, expenditures shall be adjusted accordingly.

(3) Included in the amounts appropriated in part 1 from the Michigan underground storage tank financial assurance fund are amounts sufficient to pay debt service costs on the bonds or notes issued pursuant to part 215 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.21501 to 324.21551.

Sec. 802. The department shall report to the state budget director, the senate and house of representatives appropriations subcommittees on environmental quality, and the senate and house fiscal agencies no later than October 31, 2001 on the Michigan underground storage tank financial assurance fund. The report shall include the fund balance, estimate of available revenues, number and dollar value of claims processed through September 30, 2000, and total estimated claims liability through December 22, 2002.

Sec. 803. The unexpended portion of the appropriation in part 1 for the leaking underground storage tank cleanup program is considered work project appropriations and any unencumbered or unallotted funds are carried over into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the projects to be carried over is to provide for redevelopment and contaminated site cleanup.

(b) These projects will be accomplished by contract.

(c) The total estimated costs of all projects is identified in each line-item appropriation.

(d) The tentative completion date for these projects is September 30, 2005.

Sec. 804. The funds appropriated in section 112 for the leaking underground storage tank cleanup program shall be used to fund redevelopment and cleanup activities on the following sites:

Branch: Archer Lake Marina

Branch: Holiday Harbor

Calhoun: Hooks Automotive

Calhoun: H.B. Sherman

Cass: Riggs Corner Store

Cass: Indian Lake Mini Super

Gladwin: Margaret Cearbaugh

Gratiot: Total Equipment Service

Hillsdale: Oakhaven

Ingham: Super Stop #9

Ionia: Haight's Garage

Iosco: Lansky Amoco

Iosco: Rainbow Shell

Kalamazoo: Vicksburg DPW

Kalamazoo: Titus Construction

Kalamazoo: Ro-Dad's Total

Kalamazoo: McLeieer Oil Company

Kalamazoo: Micro Machine

Kent: SXT, Inc.

Kent: Dwar Oil Company

Kent: Huck's Corners

Kent: Burlingame Partnership 2741 Burlingame

Kent: Burlingame Partnership 2743 Burlingame

Livingston: Millie's Market

Livingston: Kennedy Residence

Manistee: Wellston Hardware

Monroe: Country Club USA

Montcalm: J. I. S. Tire Service

Montcalm: Rockford Market

Montcalm: Geller Auto Service

Montcalm: Thelma Franklin

Oakland: Little Caesar's

Ogemaw: Lovewell's Corner

Ogemaw: Shady Shores Store

Ogemaw: Rose City Feed & Tack

Ogemaw: TJ's Restaurant

Ogemaw: Skidway Car Care

Osceola: Ralph's Marathon

Presque Isle: Village of Millersburg

Roscommon: Edgewater Marine

Saginaw: Treasure Island

Saginaw: Dale M. Seltzer/Kenneth Grieb

St. Clair: Anady Property

St. Clair: Former Gulf Station

St. Joseph: Broker Services

Van Buren: Joe's Mini Mart

Washtenaw: S & S Auto

WASTE MANAGEMENT

Sec. 901. The appropriation in part 1 for pollution prevention includes authorization for 1.0 FTE position and $60,000.00 to provide technical assistance to organizations and businesses involved in recycling and composting.

Sec. 902. The department shall provide a report by September 30, 2001 to the house and senate appropriations subcommittees on environmental quality, and the house and senate fiscal agencies that summarizes the projects awarded, and related expenditures under the solid wastes alternatives program portion of the environmental protection bond implementation, of the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106. The report shall include an assessment of the accomplishments of the solid wastes alternatives program and its components.

ENVIRONMENTAL ASSISTANCE

Sec. 1001. With funds appropriated in part 1, the department shall continue to implement a community right-to-know project to facilitate convenient public access to information about the performance of individual facilities in complying with requirements of air, surface water, waste management, storage tank, and environmental response programs, and with any permits issued pursuant to these programs. The project shall also facilitate convenient public access to information about the overall quality of Michigan's air, water, groundwater, and drinking water and the generation of municipal solid waste and regulated hazardous waste. In implementing this section, the department shall consult with interested stakeholders on a periodic basis, including, but not limited to, industrial and environmental group representatives.

Sec. 1002. The appropriation in part 1 for low-income community wastewater assistance shall be provided to the Michigan community action agency association. This appropriation enables the association to expand and maintain rural community assistance program services to all Michigan counties.

Sec. 1003. The department shall develop a strategy to expand the use of tire-derived fuels by public utilities, governmental units, and private industry as a means of eliminating accumulated scrap tires. The tire-derived fuel strategy shall be submitted to the house and senate appropriations subcommittees on environmental quality on or before March 1, 2001.

CRIMINAL INVESTIGATIONS

Sec. 1101. The department shall provide training in support of local efforts to regulate solid waste disposal. Department environmental conservation officers shall be directed to help train law enforcement officers and other enforcement personnel to develop community partnerships to combat illegal dumping at the local level.

GRANTS

Sec. 1201. If a certified health department does not exist in a city, county, or district or does not fulfill its responsibilities under part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11719, then the department may spend funds appropriated in part 1 under the septage waste compliance program in accordance with section 11716 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11716.

Sec. 1202. Loans provided by the water pollution control revolving fund pursuant to the appropriation in part 1 are to be repaid on schedule, and penalties shall be assigned for delinquent repayment as provided in part 53 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5301 to 324.5316.

Sec. 1203. Of the amount of money appropriated in part 1 for scrap tire grants, $100,000.00 shall be available for grants to communities to cover scrap tire fire suppression costs, provided owner liability bonds and other available funding sources have been exhausted.

Second: That the House and Senate 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, 2001; 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.

William Byl

David Mead

Deborah Cherry

Conferees for the House

Loren Bennett

Harry Gast

Kenneth DeBeaussaert

Conferees for the Senate

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. 805 Yeas--102

Allen Faunce Kuipers Rivet

Baird Frank Kukuk Rocca

Basham Garcia LaForge Sanborn

Birkholz Garza LaSata Schauer

Bisbee Geiger Law Schermesser

Bishop Gieleghem Lockwood Scott

Bogardus Gilbert Mans Scranton

Bovin Godchaux Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brown, B. Hale Minore Spade

Brown, C. Hanley Mortimer Stamas

Byl Hansen Neumann Switalski

Callahan Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Thomas

Cherry Jamnick Pestka Toy

Clark, I. Jansen Price Van Woerkom

Clarke, H. Jelinek Prusi Vander Roest

Daniels Jellema Pumford Vaughn

DeHart Johnson, Rick Raczkowski Vear

Dennis Julian Reeves Voorhees

DeRossett Kelly Richardville Wojno

DeVuyst Kilpatrick Richner Woodward

DeWeese Koetje Rison Woronchak

Ehardt Kowall

Nays--2

Gosselin Johnson, Ruth

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. Perricone entered the House Chambers.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4260, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 1995 PA 74.

(The bill was received from the Senate on June 8, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 55, p. 1766.)

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. 806 Yeas--103

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Geiger LaSata Schermesser

Bishop Gieleghem Law Scott

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Green Mead Shulman

Brewer Hager Middaugh Spade

Brown, B. Hale Minore Stamas

Brown, C. Hansen Mortimer Switalski

Byl Hart Neumann Tabor

Callahan Howell O'Neil Tesanovich

Cassis Jacobs Pappageorge Thomas

Caul Jamnick Patterson Toy

Clark, I. Jansen Perricone Van Woerkom

Clarke, H. Jelinek Pestka Vander Roest

Daniels Jellema Price Vaughn

DeHart Johnson, Rick Prusi Vear

Dennis Johnson, Ruth Pumford Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt Koetje Richner

Nays--0

In The Chair: Birkholz

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.

The Speaker laid before the House

House Bill No. 5017, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 154 (MCL 211.154), as amended by 1996 PA 476.

(The bill was received from the Senate on June 8, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 55, p. 1766.)

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. 807 Yeas--105

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Geiger LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lockwood Scott

Bovin Godchaux Mans Scranton

Bradstreet Gosselin Martinez Shackleton

Brater Green Mead Sheltrown

Brewer Hager Middaugh Shulman

Brown, B. Hale Minore Spade

Brown, C. Hanley Mortimer Stamas

Byl Hansen Neumann Switalski

Callahan Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Thomas

Cherry Jamnick Perricone Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Raczkowski Voorhees

DeRossett Julian Reeves Wojno

DeVuyst Kelly Richardville Woodward

DeWeese Koetje Richner Woronchak

Ehardt

Nays--0

In The Chair: Birkholz

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.

______

Rep. Stallworth entered the House Chambers.

Third Reading of Bills

Senate Bill No. 1013, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 1998 PA 417.

(The bill was returned from the Senate in accordance with the request of the House, Rule 67 suspended, motion made to reconsider the vote by which the House passed the bill and motion postponed for the day on June 8, see House Journal No. 55, p. 1763.)

The question being on the motion made previously by Rep. Raczkowski,

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

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

Senate Bill No. 1013, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 1998 PA 417.

Rep. Geiger moved to amend the bill as follows:

1. Amend page 5, line 4, after "2001," by striking out "2002, AND 2003." and by inserting "AND 2002.".

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. Minore moved that Rep. Rison be excused temporarily from today's session.

The motion prevailed.

Rep. Vander Roest moved that Rep. Perricone 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. 1013, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 1998 PA 417.

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. 808 Yeas--103

Allen Faunce Koetje Rocca

Baird Frank Kowall Sanborn

Basham Garcia Kuipers Schauer

Birkholz Garza Kukuk Schermesser

Bisbee Geiger LaForge Scott

Bishop Gieleghem LaSata Scranton

Bogardus Gilbert Law Shackleton

Bovin Godchaux Lockwood Sheltrown

Bradstreet Gosselin Mans Shulman

Brater Green Mead Spade

Brown, B. Hager Middaugh Stallworth

Brown, C. Hale Minore Stamas

Byl Hanley Mortimer Switalski

Callahan Hansen Neumann Tabor

Cassis Hart O'Neil Tesanovich

Caul Howell Pappageorge Thomas

Cherry Jacobs Patterson Toy

Clark, I. Jamnick Pestka Van Woerkom

Clarke, H. Jansen Price Vander Roest

Daniels Jelinek Prusi Vaughn

DeHart Jellema Pumford Vear

Dennis Johnson, Rick Raczkowski Voorhees

DeRossett Johnson, Ruth Reeves Wojno

DeVuyst Julian Richardville Woodward

DeWeese Kelly Richner Woronchak

Ehardt Kilpatrick Rivet

Nays--0

In The Chair: Birkholz

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

"An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disabilities; to establish guardianship procedures for individuals with development disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,".

The House agreed to the full title.

Second Reading of Bills

House Bill No. 5537, entitled

A bill to authorize and provide the terms and conditions under which information and signatures can be transmitted, received, and stored by electronic means.

The bill was read a second time.

Rep. Richner moved to amend the bill as follows:

1. Amend page 4, line 11, after "(b)" by striking out "The" and inserting "Except as otherwise provided in subsection (3), the".

2. Amend page 4, following line 12, by inserting:

"(3) This act does apply to a transaction to the extent it is governed by section 1107 or 1206 or article 2 or 2A of the uniform commercial code, 1962 PA 174, MCL 440.1107, 440.1206, and 440.2101 to 440.2982." and renumbering the remaining subsection.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5537, entitled

A bill to authorize and provide the terms and conditions under which information and signatures can be transmitted, received, and stored by electronic means.

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

Roll Call No. 809 Yeas--103

Allen Ehardt Kowall Rocca

Baird Faunce Kuipers Sanborn

Basham Frank Kukuk Schauer

Birkholz Garcia LaForge Schermesser

Bisbee Garza LaSata Scott

Bishop Geiger Law Scranton

Bogardus Gieleghem Lockwood Shackleton

Bovin Gilbert Mans Sheltrown

Bradstreet Gosselin Martinez Shulman

Brater Green Mead Spade

Brewer Hager Middaugh Stallworth

Brown, B. Hale Minore Stamas

Brown, C. Hanley Mortimer Switalski

Byl Hansen Neumann Tabor

Callahan Hart O'Neil Tesanovich

Cassis Howell Pappageorge Thomas

Caul Jacobs Patterson Toy

Cherry Jamnick Pestka Van Woerkom

Clark, I. Jansen Price Vander Roest

Clarke, H. Jelinek Prusi Vaughn

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Raczkowski Voorhees

Dennis Johnson, Ruth Reeves Wojno

DeRossett Julian Richardville Woodward

DeVuyst Kilpatrick Richner Woronchak

DeWeese Koetje Rivet

Nays--0

In The Chair: Birkholz

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.

Second Reading of Bills

Pending the Second Reading of

Senate Bill No. 698, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21095.

Rep. Raczkowski moved that the bill be re-referred to the Committee on Health Policy.

The motion prevailed.

______

Rep. Raczkowski moved that the House Legislative Council Committee be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5274, 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, 2001; 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 appointed Senators Johnson, Stille and Emerson as second conferees to join with Reps. Kukuk, Godchaux and Prusi.

The bill was referred to the second Conference Committee on June 20, 2000.

______

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

The motion prevailed.

Rep. Hardman entered the House Chambers.

Second Reading of Bills

House Bill No. 5228, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 1201, 2103, 2210, 2326, 2502, 2716, 2A103, 2A303, 2A307, 2A309, 4210, 7503, 8103, 8106, 8110, 8301, 8302, 8510, 9102, 9103, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9201, 9202, 9203, 9204, 9205, 9206, 9207, 9208, 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9309, 9310, 9311, 9312, 9313, 9314, 9315, 9316, 9317, 9318, 9401, 9402, 9403, 9404, 9405, 9406, 9407, 9408, 9409, 9501, 9502, 9503, 9504, 9505, 9506, and 9507 (MCL 440.1105, 440.1201, 440.2103, 440.2210, 440.2326, 440.2502, 440.2716, 440.2803, 440.2903, 440.2907, 440.2909, 440.4210, 440.7503, 440.8103, 440.8106, 440.8110, 440.8301, 440.8302, 440.8510, 440.9102, 440.9103, 440.9104, 440.9105, 440.9106, 440.9107, 440.9108, 440.9109, 440.9110, 440.9201, 440.9202, 440.9203, 440.9204, 440.9205, 440.9206, 440.9207, 440.9208, 440.9301, 440.9302, 440.9303, 440.9304, 440.9305, 440.9306, 440.9307, 440.9308, 440.9309, 440.9310, 440.9311, 440.9312, 440.9313, 440.9314, 440.9315, 440.9316, 440.9317, 440.9318, 440.9401, 440.9402, 440.9403, 440.9404, 440.9405, 440.9406, 440.9407, 440.9408, 440.9409, 440.9501, 440.9502, 440.9503, 440.9504, 440.9505, 440.9506, and 440.9507), sections 1105, 9203, and 9402 as amended by 1998 PA 489, section 1201 as amended and sections 2A103, 2A303, 2A307, and 2A309 as added by 1992 PA 101, section 2326 as amended by 1982 PA 397, section 4210 as amended by 1993 PA 130, sections 8103, 8106, 8301, 8302, 9301, 9302, 9303, 9306, 9309, and 9312 as amended and sections 8110 and 8510 as added by 1998 PA 278, sections 9103, 9104, 9105, 9106, 9304, and 9305 as amended by 1998 PA 488, section 9307 as amended by 1985 PA 199, section 9313 as amended by 1980 PA 53, section 9401 as amended by 1990 PA 288, sections 9403 and 9404 as amended by 1992 PA 186, sections 9405 and 9407 as amended by 1988 PA 130, and section 9406 as amended by 1989 PA 216, and by adding sections 5118, 9103a, 9209, 9210, 9319, 9320, 9321, 9322, 9323, 9324, 9324a, 9325, 9326, 9327, 9328, 9329, 9330, 9331, 9332, 9333, 9334, 9335, 9336, 9337, 9338, 9339, 9340, 9341, 9342, 9508, 9509, 9510, 9511, 9512, 9513, 9514, 9515, 9516, 9517, 9518, 9519, 9520, 9521, 9522, 9523, 9524, 9525, 9526, 9527, 9601, 9602, 9603, 9604, 9605, 9606, 9607, 9608, 9609, 9610, 9611, 9612, 9613, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624, 9625, 9626, 9627, 9628, 9701, 9702, 9703, 9704, 9705, 9706, 9707, and 9708; and to repeal acts and parts of acts.

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

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 298, line 2, after "BEFORE" by striking out the balance of the line through "SECTION" on line 3 and inserting "THIS AMENDATORY ACT".

2. Amend page 298, line 4, after "AFTER" by striking out "THE AMENDATORY ACT ADDING THIS SECTION" and inserting "THIS AMENDATORY ACT".

3. Amend page 298, line 16, after "AFTER" by striking out "THE AMENDATORY ACT ADDING THIS SECTION" and inserting "THIS AMENDATORY ACT".

4. Amend page 299, line 8, by striking out "THE AMENDATORY ACT ADDING THIS SECTION" and inserting "THIS AMENDATORY ACT".

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 160, following line 25, by inserting:

"(6) SUBSECTIONS (7) TO (14) SHALL APPLY IN THE CASE OF A PERSON BUYING FARM PRODUCTS FROM A PERSON ENGAGED IN FARMING OPERATIONS.

(7) IF REQUESTED BY THE SECURED PARTY, A DEBTOR ENGAGED IN FARMING OPERATIONS WHO GIVES A SECURITY INTEREST IN FARM PRODUCTS SHALL PROVIDE TO THE SECURED PARTY A WRITTEN LIST IDENTIFYING POTENTIAL BUYERS AND POINTS OF DELIVERY OF THE FARM PRODUCTS. EXCEPT AS OTHERWISE PROVIDED BY SUBSECTION (8), THE NUMBER OF POTENTIAL BUYERS FOR EACH COMMODITY SHALL NOT EXCEED 5. IF A POTENTIAL BUYER HAS MORE THAN 1 POINT OF DELIVERY, EACH ADDITIONAL POINT OF DELIVERY SHALL BE COUNTED AS A POTENTIAL BUYER.

(8) A DEBTOR ENGAGED IN FARMING OPERATIONS WHO PROVIDES A WRITTEN LIST OF POTENTIAL BUYERS TO A SECURED PARTY PURSUANT TO SUBSECTION (7) SHALL NOT SELL FARM PRODUCTS THAT SECURE THE DEBT TO A BUYER WHO IS NOT IDENTIFIED ON THE LIST WITHOUT THE PRIOR WRITTEN CONSENT OF THE SECURED PARTY. A PERSON WHO KNOWINGLY OR INTENTIONALLY VIOLATES THIS SUBSECTION IS GUILTY OF A FELONY, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 3 YEARS OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH. IF APPROPRIATE GIVEN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE COURT SHALL PLACE THE PERSON ON PROBATION UPON THE CONDITION THAT RESTITUTION BE MADE TO THE SECURED PARTY. PAYMENT OF, OR APPLICATION OF THE PROCEEDS TO, THE DEBT UPON WHICH THE SECURITY INTEREST IS BASED IS AN ABSOLUTE DEFENSE TO A PROSECUTION UNDER THIS SUBSECTION IF THE PAYMENT OR APPLICATION IS MADE PRIOR TO COMMENCEMENT OF PROSECUTION.

(9) A SECURED PARTY WHO IS PROVIDED WITH A WRITTEN LIST OF POTENTIAL BUYERS PURSUANT TO SUBSECTION (7) MAY NOTIFY BUYERS IDENTIFIED ON THE LIST OF THE SECURITY INTEREST AS PROVIDED IN THIS SUBSECTION. A SECURED PARTY SHALL NOT NOTIFY A PERSON NOT IDENTIFIED ON THE LIST, EXCEPT THAT THE SECURED PARTY MAY NOTIFY A BUYER CONCERNING WHOM THE SECURED PARTY HAS GIVEN PRIOR WRITTEN CONSENT PURSUANT TO SUBSECTION (8) OR TO WHOM THE SECURED PARTY HAS REASONABLE CAUSE TO BELIEVE THE DEBTOR IS ABOUT TO SELL THE FARM PRODUCTS. A NOTICE PROVIDED PURSUANT TO THIS SUBSECTION SHALL BE IN WRITING AND SHALL BE MAILED BY CERTIFIED MAIL OR DELIVERED BY ANOTHER METHOD BY WHICH RECEIPT CAN BE VERIFIED. THE NOTICE MAY BE IN A FORM AGREED UPON IN WRITING BY THE BUYER AND THE SECURED PARTY, BUT IN ABSENCE OF SUCH AN AGREEMENT THE NOTICE SHALL BE AN ORIGINAL FINANCING STATEMENT OR A CARBON, PHOTOGRAPHIC, OR OTHER REPRODUCTION OF AN ORIGINAL OR A STATEMENT THAT CONTAINS ALL OF THE FOLLOWING:

(A) THE FULL NAME AND ADDRESS OF THE DEBTOR.

(B) THE FULL NAME AND ADDRESS OF THE SECURED PARTY.

(C) A DESCRIPTION OF THE COLLATERAL.

(D) THE DATE AND LOCATION OF THE FILING OF THE SECURITY INTEREST.

(E) THE DATE AND SIGNATURE OF THE SECURED PARTY.

(10) IF THE DEBT THAT IS THE BASIS OF THE SECURITY INTEREST IS SATISFIED, THE SECURED PARTY SHALL NOTIFY IN WRITING EACH POTENTIAL BUYER TO WHOM THE SECURED PARTY SENT NOTICE UNDER SUBSECTION (9). THE NOTICE MAY BE GIVEN WITHIN A TIME PERIOD AGREED UPON IN WRITING BY THE BUYER AND THE SECURED PARTY, BUT IN ABSENCE OF SUCH AN AGREEMENT THE NOTICE SHALL BE GIVEN WITHIN 11 DAYS AFTER THE DEBT IS SATISFIED.

(11) A SECURED PARTY WHO DOES ANY OF THE FOLLOWING IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH:

(A) KNOWINGLY OR INTENTIONALLY GIVES FALSE OR MISLEADING INFORMATION IN A NOTICE PROVIDED PURSUANT TO SUBSECTION (9).

(B) SENDS NOTICE TO A POTENTIAL BUYER OTHER THAN AS PERMITTED IN SUBSECTION (9).

(C) FAILS TO NOTIFY A POTENTIAL BUYER OF THE SATISFACTION OF A DEBT WITHIN THE TIME PERIOD PRESCRIBED BY SUBSECTION (10).

(12) A BUYER OF FARM PRODUCTS WHO RECEIVES NOTICE PURSUANT TO SUBSECTION (9) OF A SECURITY INTEREST IN THE FARM PRODUCTS SHALL MAKE PAYMENT FOR THE FARM PRODUCTS BY CHECK OR OTHER INSTRUMENT MADE PAYABLE TO THE SELLER AND THE SECURED PARTY JOINTLY, EXCEPT THAT PAYMENT MAY BE MADE DIRECTLY TO THE SECURED PARTY IF AUTHORIZED IN WRITING BY THE SELLER. THIS SUBSECTION DOES NOT APPLY TO ANY PAYMENT OR PARTIAL PAYMENT MADE BEFORE NOTICE UNDER SUBSECTION (9) HAS BEEN RECEIVED BY THE BUYER. A BUYER OF FARM PRODUCTS WHO VIOLATES THIS SUBSECTION IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH. PAYMENT OF THE DEBT UPON WHICH THE SECURITY INTEREST IS BASED IS AN ABSOLUTE DEFENSE TO A PROSECUTION UNDER THIS SUBSECTION IF PAYMENT IS MADE PRIOR TO COMMENCEMENT OF PROSECUTION.

(13) AS USED IN SUBSECTIONS (6) TO (12), "PERSON BUYING FARM PRODUCTS" OR "BUYER" INCLUDES A COMMISSION MERCHANT OR SELLING AGENT WHO SELLS FARM PRODUCTS IN THE ORDINARY COURSE OF BUSINESS FOR A PERSON ENGAGED IN FARMING OPERATIONS.

(14) A BUYER IN ORDINARY COURSE OF BUSINESS WHO RECEIVES NOTICE PURSUANT TO SUBSECTION (9), WHO BUYS FARM PRODUCTS FROM A PERSON ENGAGED IN FARMING OPERATIONS, AND WHO WITHHOLDS ALL OR PART OF THE PROCEEDS OF THE SALE FROM THE SELLER IN ORDER TO SATISFY A DEBT OWED BY THE SELLER TO THE BUYER, TAKES SUBJECT TO A SECURITY INTEREST IN THOSE FARM PRODUCTS CREATED BY THE SELLER, UNLESS THE DEBT OWED BY THE SELLER TO THE BUYER WAS SECURED BY A PRIOR PERFECTED SECURITY INTEREST. FOR PURPOSES OF THIS SUBSECTION, "DEBT" DOES NOT INCLUDE THE COST OF HARVESTING; PROCESSING, INCLUDING PACKAGING, FREEZING, CANNING, AND DRYING; STORING; MARKETING; OR TRANSPORTING FARM PRODUCTS TO MARKET.

(15) EXCEPT AS OTHERWISE PROVIDED BY SUBSECTION (16), A COMMISSION MERCHANT OR SELLING AGENT WHO SELLS FARM PRODUCTS, IN THE ORDINARY COURSE OF BUSINESS, FOR A PERSON ENGAGED IN FARMING OPERATIONS IS NOT LIABLE TO THE HOLDER OF A SECURITY INTEREST IN THOSE FARM PRODUCTS EVEN THOUGH THE SECURITY INTEREST IS PERFECTED AND EVEN THOUGH THE COMMISSION MERCHANT OR SELLING AGENT KNOWS OF ITS EXISTENCE.

(16) A COMMISSION MERCHANT OR SELLING AGENT WHO SELLS FARM PRODUCTS, IN THE ORDINARY COURSE OF BUSINESS, FOR A PERSON ENGAGED IN FARMING OPERATIONS, AND WHO RECEIVES NOTICE PURSUANT TO SUBSECTION (9), SHALL NOT BE PROTECTED FROM LIABILITY UNDER SUBSECTION (15) IF THE COMMISSION MERCHANT OR SELLING AGENT WITHHOLDS FROM THE SELLER ALL OR PART OF THE PROCEEDS OF A SALE OF THE FARM PRODUCTS IN ORDER TO SATISFY A DEBT OWED BY THE SELLER TO THE COMMISSION MERCHANT OR SELLING AGENT, UNLESS THE DEBT WAS SECURED BY A PRIOR PERFECTED SECURITY INTEREST. FOR PURPOSES OF THIS SUBSECTION, "DEBT" DOES NOT INCLUDE THE COST OF HARVESTING; PROCESSING, INCLUDING PACKAGING, FREEZING, CANNING, AND DRYING; STORING; MARKETING; OR TRANSPORTING FARM PRODUCTS TO MARKET.

(17) A PROSECUTION UNDER SUBSECTIONS (12) TO (14) SHALL NOT BE COMMENCED AFTER THE EXPIRATION OF 2 YEARS FOLLOWING THE DATE THE VIOLATION OCCURRED.".

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 255, line 7, by striking out all of line 7 through line 7, page 256 and inserting "$10.00, PLUS 1 OR MORE OF THE FOLLOWING, IF APPLICABLE:

(A) IF THE RECORD IS A FINANCING STATEMENT IN A FORM OTHER THAN THE FORM CONTAINED IN SECTION 9521(1), OR THE RECORD IS A FINANCING STATEMENT AMENDMENT IN A FORM OTHER THAN THE FORM CONTAINED IN SECTION 9521(2), AN ADDITIONAL FEE OF $7.00.

(B) IF THE RECORD CONTAINS MORE THAN 100 PAGES, AN ADDITIONAL FEE OF $12.00.

(C) IF THE FILING OFFICE IS REQUIRED TO INDEX MORE THAN 2 NAMES, AN ADDITIONAL FEE OF $10.00 FOR EACH NAME MORE THAN 2 THAT THE FILING OFFICE IS REQUIRED TO INDEX.

(2) A FILING OFFICE SHALL CHARGE A PERSON A FEE FOR RESPONDING TO A REQUEST FOR A SEARCH OF THE RECORDS FILED WITH A FILING OFFICE CONCERNING A DEBTOR, INCLUDING ISSUANCE OF A CERTIFICATE DESCRIBING EACH PRESENTLY EFFECTIVE RECORD FILED CONCERNING THE DEBTOR IF REQUESTED. THE FEE IS $6.00, PLUS 1 OR MORE OF THE FOLLOWING, IF APPLICABLE:

(A) IF THE PERSON REQUESTS A CERTIFICATE AND THE SEARCH DISCLOSES MORE THAN 100 PRESENTLY EFFECTIVE RECORDS FILED CONCERNING THE DEBTOR, AN ADDITIONAL FEE OF $6.00.

(B) IF THE PERSON REQUESTS EXPEDITING OF THE REGULAR SEARCH PROCESS, AN ADDITIONAL FEE OF $25.00.

(C) IF THE PERSON REQUESTS COPIES OF THE PRESENTLY EFFECTIVE RECORDS DISCLOSED BY THE SEARCH, AN ADDITIONAL FEE OF $2.00 PER PAGE.

(D) IF THE FILING OFFICE IS THE SECRETARY OF STATE AND THE PERSON REQUESTS THAT THE SECRETARY OF STATE INCLUDE AN IMPRESSION OF THE OFFICIAL SEAL OF THE SECRETARY OF STATE ON THE CERTIFICATE, AN ADDITIONAL FEE OF $6.00.".

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 92, following line 8, by inserting:

"(l) THE CREATION OF OR TRANSFER OF AN INTEREST IN OR LIEN ON A LAND CONTRACT MORTGAGE GOVERNED BY SECTIONS 6 THROUGH 11 OF 1879 PA 237, MCL 565.356 TO 565.361." and relettering the remaining subdivisions.

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

Rep. Richner 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

Pending the Third Reading of

House Bill No. 5228, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 1201, 2103, 2210, 2326, 2502, 2716, 2A103, 2A303, 2A307, 2A309, 4210, 7503, 8103, 8106, 8110, 8301, 8302, 8510, 9102, 9103, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9201, 9202, 9203, 9204, 9205, 9206, 9207, 9208, 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9309, 9310, 9311, 9312, 9313, 9314, 9315, 9316, 9317, 9318, 9401, 9402, 9403, 9404, 9405, 9406, 9407, 9408, 9409, 9501, 9502, 9503, 9504, 9505, 9506, and 9507 (MCL 440.1105, 440.1201, 440.2103, 440.2210, 440.2326, 440.2502, 440.2716, 440.2803, 440.2903, 440.2907, 440.2909, 440.4210, 440.7503, 440.8103, 440.8106, 440.8110, 440.8301, 440.8302, 440.8510, 440.9102, 440.9103, 440.9104, 440.9105, 440.9106, 440.9107, 440.9108, 440.9109, 440.9110, 440.9201, 440.9202, 440.9203, 440.9204, 440.9205, 440.9206, 440.9207, 440.9208, 440.9301, 440.9302, 440.9303, 440.9304, 440.9305, 440.9306, 440.9307, 440.9308, 440.9309, 440.9310, 440.9311, 440.9312, 440.9313, 440.9314, 440.9315, 440.9316, 440.9317, 440.9318, 440.9401, 440.9402, 440.9403, 440.9404, 440.9405, 440.9406, 440.9407, 440.9408, 440.9409, 440.9501, 440.9502, 440.9503, 440.9504, 440.9505, 440.9506, and 440.9507), sections 1105, 9203, and 9402 as amended by 1998 PA 489, section 1201 as amended and sections 2A103, 2A303, 2A307, and 2A309 as added by 1992 PA 101, section 2326 as amended by 1982 PA 397, section 4210 as amended by 1993 PA 130, sections 8103, 8106, 8301, 8302, 9301, 9302, 9303, 9306, 9309, and 9312 as amended and sections 8110 and 8510 as added by 1998 PA 278, sections 9103, 9104, 9105, 9106, 9304, and 9305 as amended by 1998 PA 488, section 9307 as amended by 1985 PA 199, section 9313 as amended by 1980 PA 53, section 9401 as amended by 1990 PA 288, sections 9403 and 9404 as amended by 1992 PA 186, sections 9405 and 9407 as amended by 1988 PA 130, and section 9406 as amended by 1989 PA 216, and by adding sections 5118, 9103a, 9209, 9210, 9319, 9320, 9321, 9322, 9323, 9324, 9324a, 9325, 9326, 9327, 9328, 9329, 9330, 9331, 9332, 9333, 9334, 9335, 9336, 9337, 9338, 9339, 9340, 9341, 9342, 9508, 9509, 9510, 9511, 9512, 9513, 9514, 9515, 9516, 9517, 9518, 9519, 9520, 9521, 9522, 9523, 9524, 9525, 9526, 9527, 9601, 9602, 9603, 9604, 9605, 9606, 9607, 9608, 9609, 9610, 9611, 9612, 9613, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624, 9625, 9626, 9627, 9628, 9701, 9702, 9703, 9704, 9705, 9706, 9707, and 9708; and to repeal acts and parts of acts.

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4780, entitled

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," (MCL 408.1001 to 408.1094) by adding section 24a.

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

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

Rep. DeWeese 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. 4780, entitled

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," (MCL 408.1001 to 408.1094) by adding section 24a.

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

Roll Call No. 810 Yeas--106

Allen Faunce Koetje Rison

Baird Frank Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Garza Kukuk Sanborn

Bisbee Geiger LaForge Schauer

Bishop Gieleghem LaSata Schermesser

Bogardus Gilbert Law Scott

Bovin Godchaux Lockwood Shackleton

Bradstreet Gosselin Mans Sheltrown

Brater Green Mead Shulman

Brewer Hager Middaugh Spade

Brown, B. Hale Minore Stallworth

Brown, C. Hanley Mortimer Stamas

Byl Hansen Neumann Switalski

Callahan Hardman O'Neil Tabor

Cassis Hart Pappageorge Tesanovich

Caul Howell Patterson Thomas

Cherry Jacobs Pestka Toy

Clark, I. Jamnick Price Van Woerkom

Clarke, H. Jansen Prusi Vander Roest

Daniels Jelinek Pumford Vaughn

DeHart Jellema Quarles Vear

Dennis Johnson, Rick Raczkowski Voorhees

DeRossett Johnson, Ruth Reeves Wojno

DeVuyst Julian Richardville Woodward

DeWeese Kelly Richner Woronchak

Ehardt Kilpatrick

Nays--0

In The Chair: Birkholz

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

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

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," (MCL 408.1001 to 408.1094) by adding section 24b; and to repeal acts and parts of acts.

The motion prevailed.

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.

Quorum Call

Rep. Raczkowski 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. 811 Yeas--103

Allen Faunce Kowall Rison

Baird Frank Kuipers Rocca

Basham Garcia Kukuk Sanborn

Birkholz Garza LaForge Schauer

Bisbee Geiger LaSata Schermesser

Bishop Gieleghem Law Scott

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hanley Minore Stamas

Brown, C. Hansen Mortimer Switalski

Callahan Hardman Neumann Tabor

Cassis Hart O'Neil Tesanovich

Caul Howell Pappageorge Thomas

Cherry Jacobs Patterson Toy

Clark, I. Jamnick Pestka Van Woerkom

Clarke, H. Jansen Price Vander Roest

Daniels Jelinek Prusi Vaughn

DeHart Jellema Pumford Vear

Dennis Johnson, Rick Quarles Voorhees

DeRossett Johnson, Ruth Raczkowski Wojno

DeVuyst Julian Reeves Woodward

DeWeese Kelly Richardville Woronchak

Ehardt Koetje Richner

In The Chair: Birkholz

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, Monday, June 12:

House Bill Nos. 5876 5877 5878 5879 5880 5881 5882 5883 5884 5885 5886 5887

House Joint Resolution T

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 13, for his approval of the following bills:

Enrolled House Bill No. 5227 at 2:02 p.m.

Enrolled House Bill No. 5230 at 2:04 p.m.

Enrolled House Bill No. 5270 at 2:06 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, June 15, for his approval of the following bills:

Enrolled House Bill No. 4238 at 4:16 p.m.

Enrolled House Bill No. 4784 at 4:18 p.m.

Enrolled House Bill No. 4881 at 4:20 p.m.

Enrolled House Bill No. 5058 at 4:22 p.m.

Enrolled House Bill No. 5311 at 4:24 p.m.

Enrolled House Bill No. 5322 at 4:26 p.m.

Enrolled House Bill No. 5351 at 4:28 p.m.

Enrolled House Bill No. 5520 at 4:30 p.m.

Enrolled House Bill No. 5521 at 4:32 p.m.

Enrolled House Bill No. 5526 at 4:34 p.m.

Enrolled House Bill No. 5543 at 4:36 p.m.

Enrolled House Bill No. 5554 at 4:38 p.m.

Enrolled House Bill No. 5568 at 4:40 p.m.

Enrolled House Bill No. 5570 at 4:42 p.m.

Enrolled House Bill No. 5572 at 4:44 p.m.

Enrolled House Bill No. 5573 at 4:46 p.m.

Enrolled House Bill No. 5581 at 4:48 p.m.

Enrolled House Bill No. 5588 at 4:50 p.m.

Enrolled House Bill No. 5590 at 4:52 p.m.

Enrolled House Bill No. 5594 at 4:54 p.m.

Enrolled House Bill No. 5630 at 4:56 p.m.

Enrolled House Bill No. 5670 at 4:58 p.m.

Enrolled House Bill No. 5719 at 5:00 p.m.

Enrolled House Bill No. 5767 at 5:02 p.m.

Enrolled House Bill No. 5781 at 5:04 p.m.

Enrolled House Bill No. 5802 at 5:06 p.m.

Enrolled House Bill No. 5832 at 5:08 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Friday, June 16, for his approval of the following bills:

Enrolled House Bill No. 4891 at 11:10 a.m.

Enrolled House Bill No. 5029 at 11:12 a.m.

Enrolled House Bill No. 5139 at 11:14 a.m.

Enrolled House Bill No. 5538 at 11:16 a.m.

Enrolled House Bill No. 4239 at 11:18 a.m.

Enrolled House Bill No. 4846 at 11:20 a.m.

Enrolled House Bill No. 4865 at 11:22 a.m.

Enrolled House Bill No. 5222 at 11:24 a.m.

Enrolled House Bill No. 5534 at 11:26 a.m.

Enrolled House Bill No. 5576 at 11:28 a.m.

Enrolled House Bill No. 5813 at 11:30 a.m.

Messages from the Governor

Date: June 9, 2000

Time: 2:50 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5164 (Public Act No. 152, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 319 (MCL 257.319), as amended by 1999 PA 267.

(Filed with the Secretary of State June 12, 2000, at 3:47 p.m.)

Date: June 14, 2000

Time: 12:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5140 (Public Act No. 154, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 721 (MCL 257.721), as amended by 1999 PA 24.

(Filed with the Secretary of State June 14, 2000, at 3:20 p.m.)

Date: June 14, 2000

Time: 1:00 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5638 (Public Act No. 157, I.E.), being

An act to designate December 7 of each year as Pearl Harbor day in the state of Michigan.

(Filed with the Secretary of State June 14, 2000, at 3:26 p.m.)

Date: June 14, 2000

Time: 1:05 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5172 (Public Act No. 158, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 312e (MCL 257.312e), as amended by 1991 PA 100.

(Filed with the Secretary of State June 14, 2000, at 3:28 p.m.)

Date: June 14, 2000

Time: 1:08 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4008 (Public Act No. 159, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 208b (MCL 257.208b), as amended by 1998 PA 329.

(Filed with the Secretary of State June 14, 2000, at 3:30 p.m.)

Date: June 14, 2000

Time: 1:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5682 (Public Act No. 160, I.E.), being

An act to amend 1978 PA 368, entitled "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," by amending section 16621 (MCL 333.16621), as amended by 1998 PA 436.

(Filed with the Secretary of State June 14, 2000, at 3:32 p.m.)

Date: June 16, 2000

Time: 11:05 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5653 (Public Act No. 162, I.E.), being

An act to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending section 30 (MCL 206.30), as amended by 1999 PA 181.

(Filed with the Secretary of State June 16, 2000, at 3:42 p.m.)

Date: June 16, 2000

Time: 11:07 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5654 (Public Act No. 163, I.E.), being

An act to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," (MCL 206.1 to 206.532) by adding section 30f.

(Filed with the Secretary of State June 16, 2000, at 3:44 p.m.)

Date: June 20, 2000

Time: 10:30 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5078 (Public Act No. 164, I.E.), being

An act to amend 1995 PA 279, entitled "An act to license and regulate the conducting of horse race meetings in this state with pari-mutuel wagering on the results of horse races and persons involved in horse racing and pari-mutuel gaming activities at such race meetings; to create the office of racing commissioner; to prescribe the powers and duties of the racing commissioner; to prescribe certain powers and duties of the department of agriculture and the director of the department of agriculture; to provide for the promulgation of rules; to provide for the imposition of taxes and fees and the disposition of revenues; to impose certain taxes; to create funds; to legalize and permit the pari-mutuel method of wagering on the results of live and simulcast races at licensed race meetings in this state; to appropriate the funds derived from pari-mutuel wagering on the results of horse races at licensed race meetings in this state; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending sections 7, 9, 10, 12, and 20 (MCL 431.307, 431.309, 431.310, 431.312, and 431.320), section 10 as amended by 1998 PA 408 and section 20 as amended by 1997 PA 73.

(Filed with the Secretary of State June 20, 2000, at 12:00 p.m.)

Date: June 20, 2000

Time: 10:32 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5260 (Public Act No. 165, I.E.), being

An act to amend 1973 PA 186, entitled "An act to create the tax tribunal; to provide for personnel, jurisdiction, functions, practice and procedure; to provide for appeals; and to prescribe the powers and duties of certain state agencies; and to abolish certain boards," by amending section 35 (MCL 205.735), as amended by 1994 PA 254.

(Filed with the Secretary of State June 20, 2000, at 12:02 p.m.)

Date: June 20, 2000

Time: 10:36 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4206 (Public Act No. 167, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 628 (MCL 257.628), as amended by 1996 PA 320.

(Filed with the Secretary of State June 20, 2000, at 12:06 p.m.)

Date: June 20, 2000

Time: 10:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5507 (Public Act No. 168, I.E.), being

An act to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 109 (MCL 400.109), as amended by 1997 PA 173.

(Filed with the Secretary of State June 20, 2000, at 12:08 p.m.)

Date: June 20, 2000

Time: 10:44 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5252 (Public Act No. 170, I.E.), being

An act to amend 1978 PA 368, entitled "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," by amending section 20155 (MCL 333.20155), as amended by 1996 PA 267.

(Filed with the Secretary of State June 20, 2000, at 12:12 p.m.)

Date: June 20, 2000

Time: 10:46 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5460 (Public Act No. 171, I.E.), being

An act to amend 1978 PA 368, entitled "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," by amending sections 20151 and 20155 (MCL 333.20151 and 333.20155), section 20155 as amended by 1996 PA 267.

(Filed with the Secretary of State June 20, 2000, at 12:14 p.m.)

Date: June 20, 2000

Time: 11:36 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5421 (Public Act No. 174, I.E.), being

An act to designate certain parts and bypasses of certain highways located in certain counties of this state; and to prescribe the duties of the state transportation department.

(Filed with the Secretary of State June 20, 2000, at 12:20 p.m.)

Date: June 20, 2000

Time: 11:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5232 (Public Act No. 176, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," (MCL 600.101 to 600.9948) by adding section 2955b.

(Filed with the Secretary of State June 20, 2000, at 12:24 p.m.)

Date: June 20, 2000

Time: 11:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5484 (Public Act No. 177, I.E.), being

An act to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending sections 1103, 2402, 2403, 2404, 2517, 3805, 3807, 3987, 3988, 7503, and 7508 (MCL 700.1103, 700.2402, 700.2403, 700.2404, 700.2517, 700.3805, 700.3807, 700.3987, 700.3988, 700.7503, and 700.7508), sections 1103 and 3807 as amended by 2000 PA 54.

(Filed with the Secretary of State June 20, 2000, at 12:26 p.m.)

Date: June 20, 2000

Time: 11:52 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5184 (Public Act No. 178, I.E.), being

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 17 of chapter XVII (MCL 777.17), as amended by 1999 PA 67.

(Filed with the Secretary of State June 20, 2000, at 12:28 p.m.)

Date: June 20, 2000

Time: 11:55 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5185 (Public Act No. 179, I.E.), being

An act to amend 1979 PA 53, entitled "An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; and to prescribe penalties," by amending section 6 (MCL 752.796), as amended by 1996 PA 326.

(Filed with the Secretary of State June 20, 2000, at 3:30 p.m.)

Date: June 20, 2000

Time: 11:57 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5186 (Public Act No. 180, I.E.), being

An act to amend 1979 PA 53, entitled "An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; and to prescribe penalties," by amending section 7 (MCL 752.797), as amended by 1996 PA 326.

(Filed with the Secretary of State June 20, 2000, at 3:32 p.m.)

Date: June 20, 2000

Time: 11:59 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5187 (Public Act No. 181, I.E.), being

An act to amend 1979 PA 53, entitled "An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; and to prescribe penalties," by amending section 2 (MCL 752.792), as amended by 1996 PA 326.

(Filed with the Secretary of State June 20, 2000, at 3:34 p.m.)

Date: June 20, 2000

Time: 12:15 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4684 (Public Act No. 182, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.

(Filed with the Secretary of State June 20, 2000, at 3:36 p.m.)

Date: June 20, 2000

Time: 2:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4427 (Public Act No. 190), being

An act to define, develop, and regulate privately owned cervidae as an agricultural enterprise in this state; to provide powers and duties of certain state agencies and departments; and to provide for certain penalties and remedies.

(Filed with the Secretary of State June 20, 2000, at 3:52 p.m.)

Date: June 20, 2000

Time: 2:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4428 (Public Act No. 191), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 40103, 41102, and 42702 (MCL 324.40103, 324.41102, and 324.42702), section 40103 as amended by 1999 PA 66 and sections 41102 and 42702 as added by 1995 PA 57; and to repeal acts and parts of acts.

(Filed with the Secretary of State June 20, 2000, at 3:54 p.m.)

Date: June 20, 2000

Time: 2:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5227 (Public Act No. 192, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 232 (MCL 257.232), as amended by 1997 PA 101.

(Filed with the Secretary of State June 20, 2000, at 3:56 p.m.)

Date: June 20, 2000

Time: 2:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5230 (Public Act No. 193, I.E.), being

An act 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 regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending section 10 (MCL 28.300), as added by 1997 PA 99.

(Filed with the Secretary of State June 20, 2000, at 3:58 p.m.)

Date: June 20, 2000

Time: 2:50 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5270 (Public Act No. 194, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 80130a, 80130c, 80315c, 81114c, and 82156c (MCL 324.80130a, 324.80130c, 324.80315c, 324.81114c, and 324.82156c), as added by 1997 PA 102, and by adding section 80108.

(Filed with the Secretary of State June 20, 2000, at 4:00 p.m.)

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4007, entitled

A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5418, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20140 (MCL 324.20140), as amended by 1995 PA 71.

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. 5740, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233 (MCL 380.1233), 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.

The House agreed to the full title.

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

Senate Bill No. 757, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 31 and 32 (MCL 552.631 and 552.632), as amended by 1996 PA 301.

The Senate has nonconcurred in the House substitute (H-2) and appointed Senators Bullard, Hammerstrom and Dingell as conferees.

The message was referred to the Clerk for record.

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Richner, Shulman and Baird.

The message was referred to the Clerk for record.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

April 25, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:30 A.M. this date, administrative rule (00-04-09) for the Department of Consumer and Industry Services, Bureau of Workers' Disability Compensation, entitled "Bureau of Workers' Disability Compensation - Health Care Service Rules", effective 15 days hereafter.

April 25, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 4:00 P.M. this date, administrative rule (00-04-10) for the Department of Transportation, Bureau of Urban and Public Transportation, entitled "Comprehensive Transportation Fund", effective 15 days hereafter.

May 1, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:15 P.M. this date, administrative rule (00-05-01) for the Department of Environmental Quality, Air Quality Division, entitled "Air Pollution Control", effective 15 days hereafter.

May 12, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:35 P.M. this date, administrative rule (00-05-02) for the Department of Treasury, Bureau of State Lottery, entitled "Crane Game Rules", effective 15 days hereafter.

May 30, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:38 P.M. this date, administrative rule (00-05-03) for the Department of Environmental Quality, Land and Water Management Division, entitled "Inland Lakes and Streams", effective 15 days hereafter.

June 6, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:25 P.M. this date, administrative rule (00-06-01) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 12. Variances", effective 15 days hereafter.

June 6, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:27 P.M. this date, administrative rule (00-06-02) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 11. Recording and Reporting of Occupational Injuries and Illnesses", effective 15 days hereafter.

June 6, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:29 P.M. this date, administrative rule (00-06-03) for the Department of Consumer and Industry Services, Director's Office, entitled "Laundry Machinery and Operations, R 3405", effective 15 days hereafter.

June 6, 2000

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:31 P.M. this date, administrative rule (00-06-04) for the Department of Consumer and Industry Services, Director's Office, entitled "Laundry Machinery and Operations, R 5004", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Elena L. Beasley, Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Patterson introduced

House Bill No. 5888, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 311 (MCL 257.311), as amended by 1983 PA 63.

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

Rep. Bradstreet introduced

House Bill No. 5889, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 502a (MCL 324.502a), as added by 1998 PA 114.

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

Reps. Bradstreet, Bishop, Ehardt, Julian, Gosselin, Gilbert, DeRossett, Shackleton, Patterson, Voorhees, Tabor, Raczkowski, Rocca, Sheltrown, Bovin, Green and Vear introduced

House Bill No. 5890, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 2 (MCL 28.422), as amended by 1994 PA 338.

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

Rep. Bradstreet introduced

House Bill No. 5891, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811d.

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

Rep. Bradstreet introduced

House Bill No. 5892, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 9315.

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

Reps. Brater, Gieleghem, DeHart, Callahan, Mans, Martinez, LaForge, Kowall, Minore, Bogardus, Baird, Switalski, Frank, Garza, Dennis, Lockwood and Daniels introduced

House Bill No. 5893, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 6.

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

Reps. Kelly, Rick Johnson, Brewer, Kilpatrick, Allen, Daniels, Bovin, Reeves, LaForge, Prusi, Schermesser, Neumann, Jamnick, Byl, Jellema and Lemmons introduced

House Bill No. 5894, 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 establish certain standards for road contracts for certain businesses; 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 acts and parts of acts," by amending sections 1c, 1h, 2, 6, 9a, 10, 10a, 10e, 10h, 10o, 11, 11b, 12, 13, 13b, 15, and 17 (MCL 247.651c, 247.651h, 247.652, 247.656, 247.659a, 247.660, 247.660a, 247.660e, 247.660h, 247.660o, 247.661, 247.661b, 247.662, 247.663, 247.663b, 247.665, and 247.667), sections 1c, 2, and 10h as amended by 1982 PA 438, section 1h as added and section 12 as amended by 1997 PA 79, sections 9a, 10, and 11 as amended and section 10o as added by 1998 PA 308, section 10a as amended by 1992 PA 137, section 10e as amended by 1998 PA 87, section 11b as amended by 1992 PA 223, section 13 as amended by 1999 PA 54, section 15 as amended by 1999 PA 50, and section 17 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 Transportation.

Reps. Patterson, Kuipers, Ehardt, Julian, Gilbert, Shulman, Shackleton, Raczkowski, Vander Roest, Bishop, Cameron Brown, LaSata, Kowall, Bradstreet, Kukuk, Stamas, Rocca, Howell, DeRossett, Toy and Koetje introduced

House Bill No. 5895, entitled

A bill to repeal 1987 PA 248, entitled "Airport parking tax act," (MCL 207.371 to 207.383).

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

Rep. DeWeese introduced

House Bill No. 5896, entitled

A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 19 (MCL 409.119).

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

Rep. DeWeese introduced

House Bill No. 5897, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20188.

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

Rep. DeWeese introduced

House Bill No. 5898, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 258.

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

Reps. DeHart, Prusi, Schermesser, Bogardus, Minore and Jacobs introduced

House Bill No. 5899, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 21 (MCL 38.21).

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. DeHart, Bogardus, Schermesser, Prusi and Jacobs introduced

House Bill No. 5900, entitled

A bill to amend 1981 PA 180, entitled "Older Michiganians act," (MCL 400.581 to 400.594) by adding section 6l.

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

Reps. DeHart, Bogardus, Schermesser, Prusi and Jacobs introduced

House Bill No. 5901, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 273 (MCL 206.273), as added by 1988 PA 516.

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

Reps. Shackleton, Richardville, Kowall, Tabor, Julian, Sanborn, Howell, LaSata, Birkholz, Garcia, Green and DeVuyst introduced

House Bill No. 5902, entitled

A bill to provide compensation to correctional officers who are killed in the line of duty.

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

Reps. Shackleton, Richardville, Faunce, Garcia, Tabor, Kowall, Birkholz, Julian, Gilbert, DeRossett, Mortimer, Pappageorge, Sanborn, Howell, Green and DeVuyst introduced

House Bill No. 5903, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 1996 PA 553.

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

Reps. Dennis, Callahan, Switalski, Mans, Woodward, Baird, O'Neil, Wojno, Minore, Bovin, Gieleghem, Clark, Hardman, Rivet, Pestka, Frank, Bogardus, Jamnick, Hale, Neumann, Basham, Clarke, Hansen, Thomas, Schauer, Vaughn, Price, Brater, Martinez, Prusi, Schermesser, DeHart, Brewer, Kelly, Lockwood and LaForge introduced

House Bill No. 5904, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 35301, 63701, 63702, 63704, 63708, 63709, and 63711 (MCL 324.35301, 324.63701, 324.63702, 324.63704, 324.63708, 324.63709, and 324.63711), section 35301 as amended by 1995 PA 262 and sections 63701, 63702, 63704, 63708, 63709, and 63711 as added by 1995 PA 57.

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

Rep. Frank introduced

House Bill No. 5905, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16608 (MCL 333.16608), as amended by 1990 PA 216, and by adding sections 16603, 16612, and 16613.

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

Reps. Richner, Richardville, Van Woerkom, Sheltrown, Garcia, Julian, Toy, Birkholz, Lockwood, Howell, Ehardt, Mans, Gosselin, Sanborn, Mortimer, Bradstreet, Green, Rick Johnson and Caul introduced

House Bill No. 5906, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as added by 2000 PA 77, and by adding section 811p.

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

Reps. Wojno, Sanborn, Shackleton, Hager, Mortimer, Van Woerkom, Bishop, DeVuyst, Rick Johnson, Daniels, Hale, Thomas, Bob Brown, Patterson, Julian, Ehardt, Bisbee, Law, Clark, Richner, O'Neil, Jansen and Basham introduced

House Bill No. 5907, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 102 and 103 (MCL 487.3102 and 487.3103).

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

Reps. Bisbee, Wojno, Sanborn, Shackleton, Hager, Mortimer, Van Woerkom, Bishop, DeVuyst, Rick Johnson, Daniels, Hale, Thomas, Bob Brown, Patterson, Julian, Ehardt, Law, Clark, Richner, O'Neil, Jansen and Basham introduced

House Bill No. 5908, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 209, 210, 213, and 214 (MCL 487.3209, 487.3210, 487.3213, and 487.3214).

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

Reps. Sanborn, Wojno, Shackleton, Hager, Mortimer, Van Woerkom, Bishop, DeVuyst, Rick Johnson, Daniels, Hale, Thomas, Bob Brown, Patterson, Julian, Ehardt, Bisbee, Law, Clark, Richner, O'Neil, Jansen and Basham introduced

House Bill No. 5909, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 303, 307, 313, 314, 316, 317, 321, 322, 324, 325, 326, 334, 335, 336, 401, 409, 412, 413, 417, 422, 428, 430, 432, 508, 701, 703, 705, 706, 708, 709, 710, 711, 712, 713, and 804 (MCL 487.3303, 487.3307, 487.3313, 487.3314, 487.3316, 487.3317, 487.3321, 487.3322, 487.3324, 487.3325, 487.3326, 487.3334, 487.3335, 487.3336, 487.3401, 487.3409, 487.3412, 487.3413, 487.3417, 487.3422, 487.3428, 487.3430, 487.3432, 487.3508, 487.3701, 487.3703, 487.3705, 487.3706, 487.3708, 487.3709, 487.3710, 487.3711, 487.3712, 487.3713, and 487.3804), section 401 as amended by 1996 PA 422, section 422 as amended by 2000 PA 63, and section 508 as amended by 1997 PA 50, and by adding sections 330a, 340, 501, 711a, and 712a; and to repeal acts and parts of acts.

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

Reps. Richner, Schermesser and DeHart introduced

House Bill No. 5910, entitled

A bill to establish procedures for municipalities to designate individual lots or structures as blighting; to purchase or condemn blighting property; and to transfer blighting property to developers.

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

Rep. Richner introduced

House Bill No. 5911, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending the title and section 2 (MCL 213.52), the title as amended by 1988 PA 189.

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

Rep. Richner introduced

House Joint Resolution U, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 31 of article IX, to require that local tax increases be approved by not less than one-third of the qualified electors of a unit of local government.

The joint resolution was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.

______

Rep. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Select Committees

Second Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 5274, entitled

A bill to make appropriations for the department of career development and certain other state purposes for the fiscal year ending September 30, 2001; 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 and Senate agree to the Substitute of the Senate as passed by the Senate, amended 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, 2001; 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 PEOPLE OF THE STATE OF MICHIGAN ENACT:

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, 2001, from the funds indicated in this part, the following:

TOTAL APPROPRIATIONS

Full-time equated unclassified positions 6.0

Full-time equated classified positions 1,374.0

GROSS APPROPRIATION $ 692,787,200

Total interdepartmental grants and intradepartmental transfers $ 1,148,000

ADJUSTED GROSS APPROPRIATION $ 691,639,200

Federal revenues:

Total federal revenues 521,492,000

Special revenue funds:

Total local revenues 14,962,800

Total private revenues 3,327,100

Total other state restricted revenues 60,545,800

State general fund/general purpose $ 91,311,500

Sec. 102. DEPARTMENT OF CAREER DEVELOPMENT

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 1,139.0

GROSS APPROPRIATION $ 523,454,400

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 1,048,000

ADJUSTED GROSS APPROPRIATION $ 522,406,400

Federal revenues:

Total federal revenues 468,818,800

Special revenue funds:

Total local revenues 14,962,800

Total private revenues 2,670,400

Total other state restricted revenues 10,495,800

State general fund/general purpose $ 25,458,600

(2) DEPARTMENTAL ADMINISTRATION

Full-time equated unclassified positions 6.0

Unclassified salaries $ 546,900

GROSS APPROPRIATION $ 546,900

Appropriated from:

State general fund/general purpose $ 546,900

(3) DEPARTMENT OPERATIONS

Full-time equated classified positions 103.0

Administration--103.0 FTE positions $ 11,562,800

Building occupancy charges - property development services 479,000

Special project advances 200,000

Worker's compensation 213,900

GROSS APPROPRIATION $ 12,455,700

Appropriated from:

Federal revenues:

CNS 102,000

DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 4,180,700

DOL-ETA, workforce investment act 645,900

DOL, federal funds 3,279,000

HHS, temporary assistance for needy families 1,514,200

Special revenue funds:

Private - special project advances 200,000

Contingent fund, penalty and interest 397,900

State general fund/general purpose $ 2,136,000

(4) WORKFORCE DEVELOPMENT

Full-time equated classified positions 669.0

Employment training services--574.0 FTE positions $ 60,743,100

Michigan career and technical institute--95.0 FTE positions 10,163,200

GROSS APPROPRIATION $ 70,906,300

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC 32,400

Federal revenues:

CNS 532,400

DAG, employment and training 258,300

DED, cooperative demonstration, school-to-work 700,000

DED-OPSE, multiple grants 615,500

DED-OSERS, centers for independent living 58,200

DED-OSERS, rehabilitation long-term training 566,900

DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 41,327,200

DED-OSERS, state grants for technical related assistance 55,700

DOL-ETA, multiple grants 596,300

DOL-ETA, workforce investment act 3,172,400

DOL-NOICC 171,900

HHS, temporary assistance for needy families 3,725,100

HHS-SSA, supplemental security income 4,185,500

Special revenue funds:

Private - gifts, bequests, and donations 1,396,300

Local vocational rehabilitation match 3,247,100

Rehabilitation services fees 1,236,900

Second injury fund 51,500

Student fees 308,000

Training material fees 256,300

State general fund/general purpose $ 8,412,400

(5) CAREER EDUCATION PROGRAMS

Full-time equated classified positions 64.0

Career and technical education--30.0 FTE positions $ 2,969,700

Postsecondary education--22.0 FTE positions 2,359,900

Adult education--12.0 FTE positions 1,753,100

GROSS APPROPRIATION $ 7,082,700

Appropriated from:

Federal revenues:

Federal revenues 5,192,300

Special revenue funds:

Private - occupational school license fees 274,100

Defaulted loan collection fees 102,200

State general fund/general purpose $ 1,514,100

(6) DEPARTMENT GRANTS

Council of Michigan foundations $ 6,000,000

Adult basic education 11,004,700

Gear-up program grants 2,000,000

Job training programs subgrantees 111,248,300

Michigan community service commission subgrantees 5,900,000

Personal assistance services 462,000

Pre-college programs in engineering and the sciences 1,044,700

Supported employment grants 1,308,600

Technology assistance grants 1,150,000

Vocational education act of 1963 39,500,000

Vocational rehabilitation client services/facilities 50,143,400

Vocational rehabilitation independent living 3,115,700

Welfare-to-work programs 140,499,000

Focus: HOPE 5,494,300

GROSS APPROPRIATION $ 378,870,700

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC 1,015,600

Federal revenues:

CNS 4,500,000

DAG, employment and training 13,000,000

DED-OESE, gear up 2,000,000

DED-OSERS, centers for independent living 525,000

DED-OSERS, client assistance for individuals with disabilities 400,000

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 1,150,000

DED-OVAE, adult education 11,004,700

DED-OVAE, basic grants to states 39,500,000

DOL-ETA, workforce investment act 104,602,700

DOL-ETA, multiple grants 4,430,000

HHS, temporary assistance for needy families 127,499,000

HHS-SSA, supplemental security income 2,362,500

Special revenue funds:

Private - gifts, bequests, and donations 800,000

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 6,000,000

State general fund/general purpose $ 12,849,200

(7) EMPLOYMENT SERVICE AGENCY

Full-time equated classified positions 303.0

Building occupancy charges - property development service $ 376,400

Rent 373,500

Worker's compensation 141,300

Employment services--251.0 FTE positions 48,326,600

Labor market information--52.0 FTE positions 4,374,300

GROSS APPROPRIATION $ 53,592,100

Appropriated from:

Federal revenues:

DED-OSERS, rehabilitation services, vocational rehabilitation of state grants 1,300,000

DOL, federal funds 47,149,100

Special revenue funds:

Contingent fund, penalty and interest account 1,143,000

Local revenue 4,000,000

State general fund/general purpose $ 0

Sec. 103. MICHIGAN STRATEGIC FUND

(1) APPROPRIATION SUMMARY:

Full-time equated classified positions 235.0

GROSS APPROPRIATION $ 169,332,800

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 100,000

ADJUSTED GROSS APPROPRIATION $ 169,232,800

Federal revenues:

Total federal revenues 52,673,200

Special revenue funds:

Total private revenues 656,700

Total other state restricted revenues 50,050,000

State general fund/general purpose $ 65,852,900

(2) MICHIGAN STRATEGIC FUND

Full-time equated classified positions 235.0

Administration--40.0 FTE positions $ 5,483,300

Job creation services--195.0 FTE positions 24,557,000

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 strategies 50,000,000

Small business development center network 250,000

GROSS APPROPRIATION $ 169,332,800

Appropriated from:

Interdepartmental grant revenues:

IDG-MDEQ, air quality fees 100,000

Federal revenues:

DOL-ETA, employment service 770,000

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 $ 65,852,900

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2000-2001 is $151,857,300.00 and state spending from state resources to be paid to local units of government for fiscal year 2000-2001 is $0.00.

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 203. 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-OESE" means the DED office of elementary and secondary education.

(f) "DED-OPSE" means the DED office of postsecondary education.

(g) "DED-OSERS" means the DED office of special education rehabilitation services.

(h) "DED-OVAE" means the DED office of vocational and adult education.

(i) "Department" means the department of career development.

(j) "Director" means the director of the department of career development.

(k) "DOL" means the United States department of labor.

(l) "DOL-ETA" means the DOL employment and training act.

(m) "DOL-NOICC" means the DOL national occupational information coordinating committee.

(n) "Fiscal agencies" means the Michigan house fiscal agency and the Michigan senate fiscal agency.

(o) "FTE" means full-time equated.

(p) "Fund" means the Michigan strategic fund.

(q) "HHS" means the United States department of health and human services.

(r) "HHS-SSA" means HHS social security administration.

(s) "HUD-CPD" means HUD community planning and development.

(t) "IDG" means interdepartmental grant.

(u) "MDEQ" means the Michigan department of environmental quality.

(v) "MDOC" means the Michigan department of corrections.

(w) "President" means the president of the Michigan strategic fund.

(x) "U.S.C." means the United States Code.

(y) "WIA" means workforce investment act.

Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge 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. 205. (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 thirtieth 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 justification for the exception.

Sec. 206. (1) In addition to the funds appropriated for the department and the fund in part 1, there is appropriated an amount not to exceed $41,000,000.00 for the department and $7,000,000.00 for the fund 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 $2,000,000.00 for the department and $1,000,000.00 for the fund 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 $8,000,000.00 for the department 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 $1,000,000.00 for the department and $500,000.00 for the fund 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. 207. At least 60 days before beginning any effort to privatize, the department and fund shall submit a complete project plan to the appropriate senate and house of representatives appropriations subcommittees and the 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 senate and house of representatives appropriations subcommittees and the fiscal agencies within 30 months.

Sec. 208. The department and fund shall continue to pilot the use of the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or legislative Intranet site. The senate and house of representatives appropriations subcommittees and fiscal agencies shall be notified in writing of the Internet or Intranet site of any such report. Quarterly, the department shall provide a cumulative listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, and a list of those reports expected to be transmitted during the fourth quarter. The department shall continue to distribute all of these reports to the legislature in the current printed format.

Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

Sec. 210. The director of the department and president of the fund receiving appropriations in part 1 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. Each director or president shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 211. Of the funds appropriated in part 1 that are in units other than the grants unit, the department and the fund shall not provide grants to local government agencies, institutions of higher education, or nonprofit organizations unless the department or the fund provides notice of the grant to the appropriations subcommittees of the house and senate at least 10 days before the grant is issued or at least 72 hours before any announcement to local governmental units or the public.

Sec. 212. 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, 2001 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.

Sec. 213. The department and the fund shall establish and maintain affirmative action programs based on guidelines developed by the state equal opportunity workforce planning council which was created by Executive Order No. 1996-13 in order to receive general fund/general purpose dollars.

DEPARTMENT OF CAREER DEVELOPMENT

Sec. 301. The Michigan career and technical institute may receive equipment and in-kind contributions for the direct support of staff services through the Pine Lake fund, the Delton-Kellogg school district or other local or intermediate school district, or any combination of local or intermediate school districts in addition to those authorized in part 1.

Sec. 302. The Michigan rehabilitation service shall make every effort to ensure that all sources of matching funds in this state are used to obtain federal vocational rehabilitation funds. All sources include, but are not limited to, privately raised funds to support public nonprofit rehabilitation centers as permitted by the rehabilitation act of 1973, Public Law 93-112, 29 U.S.C. 701 to 717, 720 to 724, 730 to 732, 740 to 741, 750, 752, 760 to 762, 770 to 777b, 777d to 777f, 780, 781 to 785, 790 to 794d, 795 to 795q, and 796 to 796i.

Sec. 303. The local match requirements for vocational rehabilitation facilities establishment grants shall not exceed 21.3% for the fiscal year ending September 30, 2001.

Sec. 304. (1) Of the funds appropriated in part 1 for vocational rehabilitation independent living, all general fund/general purpose revenue not used to match federal funds shall be used for the support of centers for independent living which are in compliance with federal standards for such centers, for the development of new centers in areas presently unserved or underserved, for technical assistance to centers, and for projects to build capacity of centers to deliver independent living services. Applications for such funds shall be reviewed in accordance with criteria and procedures established by the statewide independent living council, the Michigan rehabilitation services unit within the department, and the Michigan commission for the blind. Funds must be used in a manner consistent with the priorities established in the state plan for independent living. 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.

(2) The statewide independent living council and the Michigan association of centers for independent living shall jointly produce a report providing the following information:

(a) 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. These measures shall include:

(i) Total number of persons assisted by the centers and a comparison to the number assisted in the previous year.

(ii) Number of persons moved out of nursing homes into independent living situations and a comparison to the number assisted in the previous year.

(iii) Number of persons for whom accommodations were provided to enable independent living or access to employment and a comparison to the number assisted in the previous year.

(iv) The total number of disabled individuals served by personal care attendants and the number of personal care attendants provided through the use of any funds appropriated in part 1 administered by a center for independent living and a comparison to the number served in the previous year.

(b) Information from each center for independent living receiving funding through appropriations in part 1 detailing their total budget for their most recently completed fiscal year as well as the amount within that budget 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.

(c) 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.

(3) The report required in subsection (2) shall be submitted to the appropriate appropriations subcommittees, the fiscal agencies, and the state budget director on or before January 15, 2001.

Sec. 305. (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. The work first program, however, shall not be construed to be an entitlement to services.

(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, 2001, 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.

(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 continue to collaborate on refining and making available to work first participants clear joint guidelines on the eligibility of work first participants for postemployment training support and on how training/education hours can be applied toward federal work participation requirements. These guidelines shall balance 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 a progress report on these continuing efforts to the house and senate appropriations subcommittees with jurisdiction over the department and the family independence agency and to the fiscal agencies by October 1, 2000.

(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. In cases where a short-term vocational program lasts less than 6 months, the participant shall be eligible to enroll in 1 additional short-term vocational program for a combined period not to exceed a total of 6 months.

(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 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. 306. (1) Using all relevant state data sources, the department shall acquire data on former work first participants, whose family independence program cases closed due to earnings during fiscal year 1999, for the second year in the continuing longitudinal study started in fiscal year 2000. In addition, first-year data will also be compiled on former work first participants whose family independence program cases were closed due to earnings during fiscal year 2000. The data will include the following:

(a) The number and percentage employed.

(b) The average hourly wage of those employed.

(c) The current hourly wage of those employed.

(d) The range of wages earned by those employed.

(e) The number of individuals that earned each wage amount.

(f) The number and percentage receiving health care benefits from their employer.

(g) The number and percentage receiving tuition reimbursement from their employer.

(h) The number and percentage receiving training benefits from their employer.

(i) The type of jobs obtained by former participants in general categories.

(j) The length of time former participants have retained their jobs, or if participants have had more than 1 job, the length of time employed at each job.

(k) The number and percentage continuing to receive any type of public assistance.

(l) If the former recipient has children, whether the children are enrolled in and attending school.

(m) The extent to which the former participant feels that they and their family are better off now than when they were on cash assistance with regard to household income, housing, food and nutritional needs, child health care, and access to health insurance coverage.

(2) The department shall file a report containing the identified data with the appropriate house and senate appropriation subcommittees and fiscal agencies by March 15, 2001.

(3) The department shall cooperate with the family independence agency in formulating and acquiring the identified data.

(4) The department may retain a third party to conduct the studies to obtain the data identified under this section.

Sec. 307. 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. It shall be a priority of the department to provide training and employment opportunities to these individuals through their employment service locations.

Sec. 308. 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. Each board shall appoint an education advisory group made up of high-level administrators within local educational institutions, workforce development board members, other employers, labor, academic educators, and parents of public school pupils.

Sec. 309. From the funds appropriated in part 1 to job training programs subgrantees, the department shall allocate sufficient funds to the Michigan works! service centers to allow these centers to remain fully operational.

Sec. 310. (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, 2001 regarding dropout rates, grade point averages, enrollment in science, engineering, and math-based curricula, and employment in science, engineering, and math-based fields for students within the programs. The report shall continue to evaluate the effectiveness of the precollege programs in engineering and sciences funded through part 1 appropriations and shall make recommendations on whether state support to expand such programs to other areas of the state is warranted in future fiscal years.

Sec. 311. Funds earned or authorized by the United States department of labor in excess of the gross appropriation in part 1 for the employment service agency from the United States department of labor are appropriated and may be expended for staffing and related expenses incurred in the operation of its programs. These funds may be spent after the department notifies the appropriations subcommittees of the house and senate of the purpose and amount of each grant award.

Sec. 312. (1) The department shall have at least 1 disabled veterans outreach program specialist or local veterans employment representative present, if able and willing to serve, at each Michigan works! employment services office on a full- or part-time basis during hours of operation.

(2) The department shall ensure that each Michigan works! employment services office shall have the necessary equipment to allow the disabled veterans outreach specialist or local veterans employment representative to perform his or her duties in the same manner they were performed prior to February 1, 1999.

(3) The department shall require each Michigan works! employment services office to have an employee available to ask each individual who enters the office for service whether that individual is a veteran and to refer each veteran to the disabled veterans outreach program specialist or local veterans employment representative on duty at the time.

(4) The department shall require that each Michigan works! employment services office shall have posted in a conspicuous place within the office a notice advising veterans that a disabled veterans outreach program specialist or a local veterans employment representative is available to assist him or her.

(5) The department shall require each Michigan works! employment services office to provide free mediated services to employers wishing to hire a veteran.

(6) The department shall continue to make the appropriate placement of veterans and disabled veterans a priority.

Sec. 313. The department shall report to the appropriations subcommittees of the house and senate by September 30, 2001, on the distribution of the Michigan community service commission volunteer investment grants.

Sec. 315. The funds appropriated in part 1 for the council of Michigan foundations from tobacco settlement revenue 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 a 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. 316. The department may carry into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended.

Sec. 317. Of the amounts appropriated in part 1 for postsecondary education, $250,000.00 of private occupational school license fees shall fund 3.0 FTE positions and related administrative costs of the proprietary schools oversight unit within the department.

Sec. 318. Money in the school loan exception fee fund that is unexpended at the end of the fiscal year shall not revert to the general fund but shall be carried over to the succeeding fiscal year.

Sec. 319. The department is appropriated an amount not to exceed $100,000.00 from collection of defaulted loans under the future faculty program in the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks programs to offset costs of administering the loan collections.

Sec. 320. From the funds appropriated in part 1 for postsecondary education, the department shall compile data from each university that receives funding for the future faculty program within the King-Chavez-Parks initiative on employment outcomes for program participants. The report shall be distributed to the house and senate appropriations committees by February 1 of each year. The report shall include data from each participating university covering the most recently completed fiscal year. The data shall include all of the following:

(a) The number of participants receiving support under the program.

(b) The number of participants obtaining full-time employment.

(c) The number of participants obtaining full-time employment in college faculty positions.

(d) The number of participants obtaining full-time employment in college faculty positions within the university through which they received future faculty program support for graduate studies.

Sec. 321. The appropriation in part 1 for adult education shall be utilized to support the administration of up to $100,000,000.00 in general fund/general purpose revenue for adult education programs. It is the intent of the legislature that department staff funded through the appropriation in part 1 ensure that at least $80,000,000.00 in adult education program funding be distributed through the existing grant process as outlined in section 107 of the state school aid act of 1979, 1979 PA 94, MCL 388.1707. No more than $20,000,000.00 may be administered through any alternative process.

Sec. 323. The department shall work with the department of community health to establish a Medicaid buy-in program for the working disabled through the options available under the federal ticket to work and work incentives improvement act of 1999.

Sec. 324. It is the intent of the legislature that the King-Chavez-Parks initiative is marketed by the department to Michigan parents and high school and college students, to promote the benefits and the availability of its various programs. It is further the intent of the legislature that the department administer the King-Chavez-Parks initiative in the same manner as when it was previously contained in the department of education.

Sec. 325. It is the intent of the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks future faculty program to increase the pool of minority candidates pursuing faculty teaching careers in postsecondary education. Each university shall apply the percentage increase applicable to every university in the calculation of appropriations allocated to the future faculty program.

Sec. 326. (1) It is the intent of the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college day program to introduce school children underrepresented in postsecondary education to the potential of a college education.

(2) Individual program plans of each university shall include a budget of equal contributions from this program, the participating public university, the participating school district, and the participating independent degree-granting college. College day funds shall not be expended to cover indirect cost. Not more than 20% of the university match shall be attributable to indirect costs. Each university shall apply the percentage increase applicable to every university in the calculation of appropriations allocated to the college day program.

Sec. 327. (1) It is the intent of the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student support services program to develop academically and economically disadvantaged student retention programs for 4-year public and independent educational institutions in this state.

(2) An award made under this program to any 1 institution shall not be greater than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college or university basis.

Sec. 328. (1) It is the intent of the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university partnership program between 4-year public and independent colleges and universities and public community colleges to increase the number of underrepresented minority students who transfer from community colleges into baccalaureate programs.

(2) The grants shall be made under this program to Michigan public and independent colleges and universities. An award to any 1 institution shall not be greater than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% university basis.

Sec. 329. It is the intent of the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks visiting professors program to increase the number of minority instructors in the classroom and provide role models for underrepresented minority students.

Sec. 330. Each state institution of higher education receiving funds under section 325, 326, 327, 328, or 329 shall notify the department by April 15, 2001 as to whether it will expend by the end of its fiscal year the funds received under section 325, 326, 327, 328, or 329. Notwithstanding the award limitations in sections 327 and 328, the amount of funding reported as not being expended will be reallocated to the institutions that intend to expend all funding received under section 325, 326, 327, 328, or 329.

Sec. 331. (1) It is the intent of the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks initiative for the Morris Hood, Jr. educator development program to increase the number of minority students, especially males, who enroll in and complete K-12 teacher education programs at the baccalaureate level.

(2) The program shall be administered by each state-approved teacher education institution in a manner prescribed by the department.

(3) Approved teacher education institutions may and are encouraged to use student support services funding in coordination with the Morris Hood, Jr. funding to achieve the goals of the program.

MICHIGAN STRATEGIC FUND

Sec. 401. (1) The appropriation in part 1 to the fund for economic development job training shall be expended for competitive grants that ensure employers have the trained workers they need to compete in the global economy. The fund shall expedite grant awards for employers locating or expanding in Michigan and thereby creating significant numbers of new jobs in the state.

(2) Not more than 5% of the total grant, administration, and operating funds appropriated in part 1 for the fund's economic development job training grants program may be expended for administrative costs. Not more than 12% of the total grant awarded to recipients may be expended for administration costs.

(3) No funds appropriated in part 1 to the fund for economic development job training grants may be expended for the training of permanent striker replacement workers.

(4) At least 70% of the economic development job training grant funds shall be awarded to community colleges or a consortium of community colleges and other eligible applicants pursuant to the requirements of this section.

(5) Training grants provided by private sector trainers may reach or exceed 20% of total grants, but not less than 10%.

(6) An applicant may be a district, intermediate district, community college, public or private nonprofit college or university, nonprofit organization whose primary purpose is to provide education programs or employment and training services or vocational rehabilitation programs or school-to-work transition programs, local workforce development board, the headquarters of a federal and state sponsored manufacturing technology center, or a consortium consisting of any combination of districts, intermediate districts, community colleges, nonprofit organizations described in this subsection, or public or private nonprofit colleges or universities described in this subsection.

(7) On or before October 1, 2000, the fund shall publish proposed application criteria, instructions, and forms for use by eligible applicants. The fund shall provide at least a 2-week period for public comment prior to finalization of the application criteria, instructions, and forms.

(8) The award process will include a simple notice of intent to be reviewed to see if the application merits further consideration. If so, a full application may be submitted. Applications for all grants shall be submitted to the fund, and each application shall contain at least all of the following:

(a) The name, address, and total number of employees of each business organization whose employees are receiving job training.

(b) A description of the specific job skills that will be taught.

(c) A clear statement of the project's scope of activities and number of participants to be involved.

(d) A commitment to maintain participant records in a form and manner required by the fund.

(e) A budget which relates to the proposed activities and various program components.

(9) Priority in the fund's awarding of grants shall be based on the following criteria:

(a) Demonstrated need for the type of training offered.

(b) Creation and/or retention of high wage and high skilled level jobs.

(c) Other criteria determined by the fund to be important.

(10) Not more than $5,000,000.00 of the amount appropriated in part 1 for economic development job training may be allocated to rapid response grants for employee training programs which maintain or attract permanent jobs for Michigan residents. A grant under this subsection shall be awarded to eligible applicants under subsection (1)(a).

(11) Participants in economic development job training programs shall be 16 years or older and not enrolled and counted in membership in a school district or intermediate school district.

(12) Funds allocated under this section shall be for the purpose of ensuring that employers have trained workers they need to compete in the global economy. The fund shall have on file a specific plan to accomplish its objectives. The program estimated completion cost is the total amount appropriated to the fund and shall have an estimated completion date of September 30, 2005.

(13) A recipient of a grant under this section shall not charge tuition or fees to participants in the program funded by the grant. However, a nonprofit organization may charge tuition or fees if the tuition plan or fees are recognized by the state and the nonprofit organization receives additional funding from other governmental or private funding sources for its programs.

(14) For incumbent worker training, the business organization shall provide 25% of the program costs in matching funds as determined by the program.

(15) Grant funds shall be expended on a cost reimbursement basis.

(16) A recipient of a grant under this section shall allow the fund or the agency's designee to audit all records related to the grant for all entities that receive money, either directly or indirectly through a contract, from the grant funds. A grant recipient or contractor shall reimburse the state for all disallowances found in the audit.

(17) The fund shall provide to the state budget director and the fiscal agencies by April 15 and November 1 of each year a report on the economic development job training grants. The report due by April 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 1 shall provide this information for each grant or contract awarded during the preceding full fiscal year. The report shall contain all of the following:

(a) The amount and recipient of each grant or contract.

(b) The number of participants under each grant or contract and the number of new hires who are in training under the grant.

(c) The names, addresses, and total number of employees of all business organizations for whom training is or will be provided.

(d) The matching funds, if any, to be provided by a business organization.

(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.

(20) Of the funds appropriated in part 1, $1,000,000.00 may be used for a recruitment program. This will be a pilot program that provides worker recruitment assistance to companies in Michigan. Priority for using the funds shall be to recruit workers from outside the state of Michigan. However, in the event funds are available for in-state recruitment efforts, the Michigan works! agencies shall be utilized unless they indicate they are unable to provide the service.

Sec. 402. The travel administration may establish and collect a fee to cover the cost of materials and processing of photographic prints, slides, videotapes, and travel product database information that are requested by the media and other segments of the public and private sectors. The fees collected shall be appropriated for all expenses necessary to purchase and distribute these photographic prints, slides, videotapes, and travel product database information. The funds are available for expenditure when they are received by the department of treasury.

Sec. 403. The fund shall submit an annual status report to the appropriations subcommittees of the house of representatives and senate on all activities, grants, and investment programs financed from the strategic fund/renaissance fund using investment or Indian gaming revenues. The report shall provide a list of individual grants and loans made from the fund.

Sec. 404. The travel administration may receive and expend private revenue related to the use of the "Michigan Great Lakes. Great Times." copyrighted slogan and image. This revenue may come from the direct licensing of the name and image or from the royalty payments from various merchandise sales. Revenue collected is appropriated for the marketing of the state as a travel destination. The funds are available for expenditure when they are received by the department of treasury.

Sec. 405. Of the funds appropriated in part 1 for the Michigan promotion program, at least 25% of all program funds shall be used to promote cultural tourism opportunities in Michigan. In addition, $200,000.00 shall be used to promote tourism activities in the northeast region of the state.

Sec. 406. The fund shall submit on or before May 1, 2001 and November 1, 2001 to the senate and house of representatives appropriations subcommittees and the fiscal agencies a listing of all grants which have been awarded by the fund or by the Michigan economic development corporation from the funds appropriated in part 1. The list shall include all of the following:

(a) The name of the recipient.

(b) The amount awarded to the recipient.

(c) The purpose of the grant.

Sec. 407. (1) The fund shall provide reports to the relevant senate and house of representatives appropriations subcommittees and the fiscal agencies concerning the activities of the Michigan economic development corporation. The report shall include, but not be limited to, the following programs funded in part 1:

(a) Travel Michigan bureau.

(b) National business development.

(c) International business development.

(d) Small, minority, and disabled business services.

(e) CDBG.

(f) Strategic/renaissance fund administration.

(g) Renaissance zones.

(h) Business roundtables.

(i) Business and clean air ombudsman.

(j) Economic development job training grants.

(k) Film office.

(l) Health and aging research and development initiative.

(m) Any other programs of the fund.

(2) The reports in subsection (1) shall be submitted by January 1, 2001. 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 for the previous fiscal year.

Sec. 408. As a condition of receiving funds under part 1, any interlocal agreement entered into by the fund shall include language which states that if a local unit of government has a contract or memorandum of understanding with a private economic development agency, the Michigan economic development corporation will work cooperatively with that private organization in that local area.

Sec. 409. (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. 410. (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. The program shall be administered by the Michigan economic development corporation.

(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 and has the authority to make minor adjustments to the category funding percentage based upon the demands within categories and the quality of the applications received.

(3) Of the funds appropriated, 40% is allocated for a basic research fund, to be distributed on a competitive basis to Michigan universities or Michigan nonprofit research institutes, or both, 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. 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. 411. (1) The appropriation in part 1 for the Michigan small business development center network shall be awarded to the Michigan small business development center state headquarters, located at Wayne State University, for distribution to the small business development centers' offices located throughout Michigan. The Michigan small business development center state headquarters shall establish criteria for awarding these grant funds, which shall include, but are not limited to, all of the following:

(a) The ability to demonstrate a clear and effective plan to deliver small business management assistance services in this state.

(b) How small business management assistance services will enhance and expand basic services provided by the Michigan small business development center network under its existing cooperative agreement with the United States small business administration.

(2) The Michigan small business development center state headquarters shall compile a summary report to the fund that shall include a financial statement identifying all encumbrances on or expenditures from these grant funds. The summary report shall be submitted by September 30, 2001. The summary report shall include an economic impact analysis resulting from expenditure of the funds. All financial and impact reports shall be made available to the appropriate subcommittee of the house and senate appropriations committee upon request.

Sec. 412. The fund shall inform the members of the appropriate appropriations subcommittees of the house and senate of any decisions to eliminate any foreign outreach personnel.

Sec. 413. The money appropriated in part 1 to the fund is subject to the condition that none is spent for premiums or advertising material involving personal effects or apparel including, but not limited to, T-shirts, hats, coffee mugs, or other promotional items, except Travel Michigan.

Sec. 414. (1) From the general fund/general purpose appropriations in part 1 to the fund and granted or transferred to the Michigan economic development corporation, any unexpended or unencumbered balance shall be returned to the general fund at the end of the fiscal year, unless carryforward authorization has been otherwise provided for in this act.

(2) Any encumbered funds shall be used for the same purposes for which funding was originally appropriated in this act.

Sec. 415. As a condition of receiving funds under part 1, the fund shall ensure that a public body corporate, created under section 28 of article VII of the state constitution of 1963, and the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by a contractual interlocal agreement between local participating economic development corporations formed under the economic development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636, and the Michigan strategic fund, complies with all of the following:

(a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(c) Annual audits of all financial records by the auditor general or his or her designee.

(d) All reports required by law to be submitted to the legislature.

Sec. 417. As a condition for receiving the appropriations in part 1, any staff of the Michigan economic development corporation involved in private fund-raising activities shall not be party to any decisions regarding the awarding of grants or tax abatements from the Michigan strategic fund, Michigan economic development corporation, or the Michigan economic growth authority.

Second: That the House and Senate 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, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

Janet Kukuk

Patricia Godchaux

Conferees for the House

Shirley Johnson

Leon Stille

Conferees for the Senate

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 second 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. 812 Yeas--70

Allen Frank Kuipers Rocca

Baird Garcia Kukuk Sanborn

Birkholz Geiger LaSata Scranton

Bisbee Gilbert Law Shackleton

Bishop Godchaux Martinez Sheltrown

Bradstreet Green Mead Shulman

Brown, B. Hager Middaugh Spade

Brown, C. Hart Mortimer Stamas

Byl Howell Neumann Tabor

Cassis Jacobs Pappageorge Toy

Caul Jamnick Patterson Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

DeHart Jellema Price Vear

DeRossett Johnson, Rick Pumford Voorhees

DeVuyst Johnson, Ruth Quarles Wojno

DeWeese Julian Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce Kowall

Nays--34

Basham Garza Lockwood Rivet

Bogardus Gieleghem Mans Schauer

Bovin Gosselin Minore Schermesser

Brater Hale O'Neil Scott

Callahan Hanley Prusi Stallworth

Cherry Hansen Raczkowski Switalski

Clark, I. Hardman Reeves Tesanovich

Daniels Kelly Rison Vaughn

Dennis LaForge

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. Hanley moved that Rep. Brewer be excused temporarily from today's session.

The motion prevailed.

Rep. Vander Roest moved that Rep. Caul be excused temporarily from today's session.

The motion prevailed.

Senate Bill No. 963, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, 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. 963, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, 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 community colleges and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, 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 community colleges and certain other state purposes relating to education for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:

COMMUNITY COLLEGES

GROSS APPROPRIATION $ 325,061,722

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 325,061,722

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total state restricted revenues 10,000,000

State general fund/general purpose $ 315,061,722

Sec. 102. OPERATIONS

Alpena Community College $ 5,231,386

Bay de Noc Community College 5,034,112

Delta College 14,608,257

Glen Oaks Community College 2,434,150

Gogebic Community College 4,315,860

Grand Rapids Community College 18,448,891

Henry Ford Community College 22,296,069

Jackson Community College 12,434,747

Kalamazoo Valley Community College 12,554,684

Kellogg Community College 9,883,088

Kirtland Community College 3,023,951

Lake Michigan College 5,322,074

Lansing Community College 31,686,670

Macomb Community College 33,986,564

Mid Michigan Community College 4,501,743

Monroe County Community College 4,378,640

Montcalm Community College 3,189,079

C.S. Mott Community College 16,053,265

Muskegon Community College 9,143,771

North Central Michigan College 3,099,734

Northwestern Michigan College 9,307,774

Oakland Community College 21,473,255

St. Clair County Community College 7,176,573

Schoolcraft College 12,553,717

Southwestern Michigan College 6,705,122

Washtenaw Community College 12,642,980

Wayne County Community College 17,053,189

West Shore Community College 2,347,140

GROSS APPROPRIATION $ 310,886,488

Appropriated from:

State general fund/general purpose $ 310,886,488

Sec. 103. GRANTS

At-risk student success program $ 3,692,103

Renaissance zone tax reimbursement funding 483,131

GROSS APPROPRIATION $ 4,175,234

Appropriated from:

State general fund/general purpose $ 4,175,234

Sec. 104. FINANCIAL AID

Postsecondary access student scholarship program $ 10,000,000

GROSS APPROPRIATION $ 10,000,000

Appropriated from:

Special revenue funds:

Michigan tobacco settlement trust fund 10,000,000

State general fund/general purpose $ 0

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2000-2001 is $325,061,722.00 and state spending from state resources to be paid to local units of government for fiscal year 2000-2001 is $325,061,722.00.

Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

Sec. 208. The department shall continue to pilot the use of the Internet to fulfill the reporting requirements of this act. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on the Internet or legislative Intranet site. The senate and house of representatives appropriations subcommittees and senate and house fiscal agencies shall be notified in writing of the Internet or Intranet site of any such report. Quarterly, the department shall provide a cumulative listing of the reports submitted during the most recent 3-month period along with the Internet or Intranet site of each report, and a list of those reports expected to be transmitted in the following quarter.

Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.

Sec. 210. The director of each department receiving appropriations in part 1 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. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.

Sec. 211. (1) The money appropriated in this act is appropriated for community colleges with fiscal years ending June 30, 2001 and shall be paid out of the state treasury and distributed by the state treasurer to the respective community colleges in 11 monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 2000. Each community college shall accrue its July and August 2001 payments to its institutional fiscal year ending June 30, 2001. However, if a community college fails to submit all verified Michigan community colleges activities classification structure data for school year 1999-2000 to the department of career development by November 1, 2000, the monthly installments shall be withheld from that community college until those data are submitted. The department of career development shall publish the activities classification structure data book for Michigan community colleges on or before March 1, 2001 for use by the legislature during budget development for the fiscal year ending September 30, 2002. The amount from the money appropriated in part 1 that is allocated under section 103 to address the special needs of at-risk students shall be paid in full by the state treasurer by November 1, 2000. The amount distributed to a community college or department shall not exceed the net state allocation authorized by this act.

(2) Except as otherwise provided by law, each of the amounts appropriated shall be used solely for the respective purposes stated in this act. The money appropriated by this act may be used to match the cost of any available programs under the Carl D. Perkins vocational and applied technology education act, Public Law 88-210, 98 Stat. 2435, including local administration.

Sec. 212. (1) The auditor general or an independent public accounting firm appointed by the auditor general shall audit data for the fiscal year ending on June 30, 2000 as submitted to the department of career development by 7 randomly selected community colleges. A community college shall maintain and provide those records necessary for the auditor general or certified public accountant appointed by the auditor general to determine the accuracy of the reported data. The audits shall be based upon the definitions and requirements contained in the Manual for Uniform Financial Reporting, Michigan Public Community Colleges, published by the Michigan state board of education in 1981, and the Activities Classification Structure Manual for Michigan Community Colleges, 1996 revision of the final report of the activities classification structure task force (July 1981), published by the department of education. Before the submission of a final audit report, a community college may appeal the findings of the preliminary report under an appeal process to be established by the auditor general. The auditor general shall submit a report of the findings to the house and senate appropriations committees, the department of career development, and the state budget director before June 1, 2001.

(2) The auditor general or a certified public accountant appointed by the auditor general shall conduct not less than 3 performance audits of community colleges but may conduct more if the auditor general considers it necessary.

(3) Not more than 60 days after an audit report is released by the office of the auditor general, the principal executive officer of the community college that was audited shall submit to the house and senate appropriations committees, the house and senate fiscal agencies, the department of career development, the auditor general, and the department of management and budget a plan to comply with audit recommendations. The plan shall contain projected dates and resources required, if any, to achieve compliance with the audit recommendations, or a documented explanation of the college's noncompliance with the audit recommendations concerning the matters on which the audited community college and office of the auditor general disagree.

(4) A community college whose audited activities classification structure data is significantly different than the data used to determine state aid under this act shall return any overappropriated money as provided in this section. The department of career development shall compare formula computations for the audited colleges using pre- and post-audit data. If the state allocation is 2% or more than the post-audit allocation amount, the college shall return the excess money. The returned money shall be redistributed to all 28 community colleges, prorated on the base appropriations contained in part 1.

Sec. 213. The department of career development shall review the taxonomy of the 7 community colleges selected for the audit under section 212 that is based on the Activities Classification Structure Manual for Michigan Community Colleges, 1996 revision of the final report of the activities classification structure task force (July 1981), published by the department of education.

Sec. 214. (1) A community college shall retain certified class summaries, class lists, registration documents, and student transcripts that are consistent with the taxonomy of courses. For each enrollment period during the fiscal year, these certified documents shall identify clearly by course the number of in-district and out-of-district student credit and contact hours. The class summaries and class lists shall be consistent with each other and shall include the course prefix and numbers, course title, course credit and contact hours, credit and contact hours generated by each student, and activity classifications consistent with the taxonomy. An auditable process shall be used by the community college to determine the unduplicated head count for in-district students, out-of-district students, and prisoners for each enrollment period during the fiscal year.

(2) Contracts between the community college and agencies that reimburse the community college for the costs of instruction shall be retained for audit purposes.

Sec. 215. Each community college shall have an annual audit of all income and expenditures performed by an independent auditor and shall furnish the independent auditor's management letter and an annual audited accounting of all general and current funds income and expenditures including audits of college foundations to the legislature, the senate and house fiscal agencies, the auditor general, the department of career development, and the state budget director before November 15, 2000. If a community college fails to furnish the audit materials, the monthly state aid installments shall be withheld from that college until the information is submitted. All reporting shall conform to the requirements set forth in the Manual for Uniform Financial Reporting, Michigan Public Community Colleges, published by the Michigan state board of education in 1981.

Sec. 216. (1) A community college shall pay the employer's contributions to the Michigan public school employees' retirement system created by the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, as a condition of receiving money appropriated under this act. If amendments to the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, that require pre-funding of the health benefits portion of the Michigan public school employees' retirement system are enacted and take effect, those amendments apply to community colleges.

(2) A community college shall not pay an employer's contribution to more than 1 retirement fund providing benefits for an employee.

Sec. 217. An appropriation contained in this act shall not be used for the construction of buildings for, or operations of, a community college not expressly authorized in part 1. Money appropriated in part 1 shall not be used to pay for the construction or maintenance of a self-liquidating project.

Sec. 218. The department of career development shall ensure that a statistical report for minorities and women employees for the most recent school year as submitted to the federal government on the EEO-6 form be included in the Michigan Community Colleges Enrollment Profile published by the department of career development. Also included in this profile shall be a statistical report for the most recent school year that includes enrollment statistics for minorities and women from the current year as submitted to the department of career development and from the prior year as submitted to the department of education. The department of career development shall distribute a copy of this report to the state budget director and to members of the house and senate appropriations subcommittees on community colleges and the house and senate fiscal agencies no later than March 1, 2001.

Sec. 219. (1) The department of treasury shall annually collect and compile data on the tax revenue losses to community colleges resulting from tax increment financing authorities (TIFA) and tax abatements. The department of treasury shall produce a report detailing the data. The report shall be completed and presented to the house and senate appropriations subcommittees on community colleges, the department of career development, and the department of management and budget not later than February 15, 2001. The report shall include, but is not limited to, the following:

(a) Estimated revenue losses for each community college for the calendar year 2000.

(b) Confirmed revenue losses for each community college for the calendar years 1999, 1998, and 1997.

(c) Other requirements requested by the house and senate appropriations subcommittees on community colleges.

(2) From the general fund/general purpose appropriation in part 1 for renaissance zone and TIFA tax reimbursement funding, there is allocated $50,000.00 to reimburse community colleges for data collection efforts in assisting the department of treasury to collect data from local units of government to determine property tax revenue losses as a result of tax increment financing for calendar year 2000. Reimbursements shall be made in equal amounts to each college.

Sec. 220. The auditor general shall audit the 1999, 1998, and 1997 calendar years tax revenue losses to community colleges resulting from TIFAs and tax abatements. The auditor general shall submit the results of this audit to the house and senate appropriations subcommittees on community colleges and the senate and house fiscal agencies by February 15, 2001.

Sec. 221. (1) Each community college shall report the following to the department of career development, no later than November 1, 2000:

(a) The number of North American Indian students enrolled each term for the previous fiscal year, using guidelines and procedures developed by the department of career development and the Michigan commission on Indian affairs.

(b) The number of Indian tuition waivers granted each term, and the monetary value of the waivers for the previous fiscal year.

(2) Colleges shall use the criteria cited in 1976 PA 174, MCL 390.1251 to 390.1253, to determine eligibility for tuition waivers, and shall grant those waivers to individuals who meet the criteria and request tuition waivers.

(3) The department of career development shall compile the information received under subsection (1) and shall submit this compilation to the house and senate appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget director by January 7, 2001.

Sec. 222. From the general fund/general purpose appropriation in part 1 for renaissance zone and TIFA tax reimbursement funding, there is allocated $433,131.00 to make reimbursement to community colleges, as provided by section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for property taxes levied in 2000 and $50,000.00 for purposes described in section 219(2). Reimbursements shall be made in amounts to each eligible recipient no later than 60 days after the department of treasury certifies to the state budget director that it has received all necessary information to properly determine the amounts due each eligible recipient under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692. Excess allocations lapse to the general fund.

Sec. 223. Upon request, a community college shall inform interested Michigan high schools of the aggregate academic status of its students for the fiscal year beginning October 1, 2000, in a manner prescribed by the Michigan community college association and in cooperation with the Michigan association of secondary school principals.

Sec. 224. (1) Recognizing the critical importance of education in strengthening Michigan's workforce, the legislature encourages the state's public community colleges to explore ways of increasing collaboration and cooperation with 4-year universities, particularly in the areas related to training, instruction, and program articulation.

(2) Community colleges shall report by December 1, 2000 to the department of career development on steps they have taken to increase collaboration and cooperation with 4-year universities under subsection (1).

(3) The department of career development shall compile the information received under subsection (2) and shall submit this compilation to the house and senate appropriations subcommittees on community colleges and the senate and house fiscal agencies by January 7, 2001.

Sec. 225. The legislature intends that all citizens of this state have geographic and programmatic access to quality comprehensive community college services. The legislature and the Michigan community college association shall continue to review and analyze the recommendations made by the co-terminus task force to assure geographic and programmatic access to quality and comprehensive community college services. The legislature recognizes that as of January 1, 2000 there were also public universities that provide quality comprehensive community college services for citizens of this state who are not served by a community college district.

Sec. 226. Each community college shall report to the house and senate fiscal agencies and the department of career development a modification in credit or contact hour tuition or mandatory non-course-related student fees not later than 30 days after the modification is established by the college governing board.

Sec. 227. (1) Each community college shall report to the department of career development the numbers and type of associate degrees and other certificates awarded during the previous fiscal year. The report shall be made not later than November 15, 2000.

(2) The department of career development shall compile the information received under subsection (1) and shall submit this compilation to the house and senate appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget director by January 7, 2001.

Sec. 228. The legislature intends to achieve full funding of the Gast-Mathieu fairness in funding formula.

Sec. 229. (1) A community college receiving funding under this act and also subject to the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381, shall make a copy of all material prepared in accordance with the public information reporting requirements under the crime awareness and campus security act of 1990, title II of the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2384, available in hard copy and electronic format accessible through the Internet for school districts, parents, and students.

(2) The department of career development shall compile and make information received under subsection (1) available in written and electronic format accessible through the Internet for school districts, parents, and students.

Sec. 230. (1) A community college shall not expend money appropriated under this act to provide health care coverage for community college employees or their dependents for abortion services, other than for spontaneous abortion or to prevent the death of the woman upon whom the abortion is performed. A community college shall not approve a collective bargaining agreement or enter into any other employment contract that includes health care coverage for abortion services other than spontaneous abortion or to prevent the death of the woman upon whom the abortion is performed.

(2) If a community college expends money appropriated under this act in violation of subsection (1), the community college shall repay to this state an amount equal to the amount of money spent in violation of subsection (1).

Sec. 231. In light of sections 1, 3, and 4 of 1846 RS 83, MCL 551.1, 551.3, and 551.4, and section 1 of 1939 PA 168, MCL 551.271, the legislature intends that a community college receiving funding under this act shall not use part 1 money to extend employee benefits to the unmarried partners of the community college's employees except for pre- and post-natal costs.

Sec. 233. Community colleges that include prescription drugs and medications as a covered health benefit for adults are encouraged to ensure that payment for preventative contraceptives are included in the insurance plan.

Sec. 234. The legislature intends that each community college do all of the following:

(a) Undertake active measures to promote equal opportunities, eliminate discrimination, and foster a diverse student body and administration among all people including, but not limited to, women, minorities, seniors, veterans, and people with disabilities.

(b) Review, analyze, and eradicate activities that may tend to discriminate.

STATE AID - OPERATIONS

Sec. 301. Unless otherwise stated, all data items used in determining state aid in this act are as defined in the Manual for Uniform Financial Reporting, Michigan Public Community Colleges, published by the Michigan state board of education in 1981, which shall be the basis for reporting data, and the Activities Classification Structure Manual for Michigan Community Colleges, 1996 revision of the final report of the activities classification structure task force (July 1981), published by the department of education, which shall be used to document financial needs of the community colleges.

Sec. 302. A community college shall not include in the enrollment report any student credit hours or student contact hours for a student incarcerated in a Michigan penal institution. Exclusion of these students is intended to avoid the payment of state aid under this act for the same individuals for whom reimbursement is provided by the state correctional system.

Sec. 303. (1) Community colleges shall use a portion of the money appropriated in part 1 for operations to implement and institute the ideas and goals embodied by the partnerships for employment program or another program with similar nature and intent as the ideas and goals embodied in the partnership for employment program. For this program, community colleges shall form identifiable links with local businesses or local business alliances to ascertain the immediate and lasting employment needs of the community. In so doing, the colleges in conjunction with the businesses shall create specific, direct certificate programs that upon completion will lead to an increased likelihood of employment by the sponsoring businesses.

(2) When creating programs under subsection (1), the community colleges shall consider all of the following:

(a) The likelihood of the project directly providing a discrete population of unemployed or underemployed workers with job skills that will lead to increased likelihood of desired employment with the sponsoring businesses.

(b) The use of appropriations to efficiently coordinate existing, but largely unconnected, resources for worker training.

(c) The use of performance outcome measures to detail a correlation between partnering with local businesses to provide specific training, and the population attaining employment upon successful completion of such training.

(3) Each community college shall report to the department of career development by no later than September 30, 2001 on all of the following:

(a) The number of certificated programs created under this section.

(b) The job placement rate for graduates with sponsoring businesses under this section.

(c) The amount budgeted for the partnership for employment program.

(d) The amount expended and for what activities for the partnership for employment program.

(e) The number of employers who have agreed to hire participants who complete the partnership for employment program.

(4) The department of career development shall compile the information received under subsection (3) and shall submit this compilation to the senate and house appropriations subcommittees on community colleges, the state budget director, and the senate and house fiscal agencies by November 1, 2001.

GRANTS

Sec. 401. (1) The community college at-risk student success program is continued. The funding shall be prorated among community colleges based on the number of student contact hours for developmental and preparatory instruction reported by each community college to the department of education for use in the Activities Classification Structure Manual for Michigan Community Colleges, 1996 revision of the final report of the activities classification structure task force (July 1981), published by the department of education. Of the amount appropriated in part 1 for the at-risk student success program, $1,120,000.00 is allocated for base grants of $40,000.00 each, to address the special needs of at-risk students at community colleges or the acquisition or upgrade of technology related equipment and software.

(2) Of the amount appropriated in part 1 for the at-risk student success program, the balance of the appropriated money shall be distributed on a proration utilizing the sum of the most recent 3 years developmental/preparatory contact hours divided by the sum of the 3-year total contact hours at each college. Each community college's percentage shall be divided by the sum of all the percentages systemwide to obtain each community college's prorated grant amount.

(3) For the fiscal year ending September 30, 2001, the at-risk student success program money is allocated as follows:

Alpena Community College $ 121,725

Bay de Noc Community College 105,324

Delta College 110,504

Glen Oaks Community College 131,210

Gogebic Community College 78,617

Grand Rapids Community College 76,714

Henry Ford Community College 168,324

Jackson Community College 114,933

Kalamazoo Valley Community College 118,490

Kellogg Community College 157,285

Kirtland Community College 145,724

Lake Michigan College 194,902

Lansing Community College 134,738

Macomb Community College 90,272

Mid Michigan Community College 123,549

Monroe Community College 102,673

Montcalm Community College 70,131

Mott Community College 105,617

Muskegon Community College 212,002

North Central Michigan College 178,833

Northwestern Michigan College 120,835

Oakland Community College 164,112

St. Clair Community College 77,130

Schoolcraft College 148,852

Southwestern Michigan College 186,227

Washtenaw Community College 148,858

Wayne County Community College 158,329

West Shore Community College 146,193

(4) As used in this act, "at-risk students" means students who meet 1 or more of the following criteria:

(a) Are initially placed in 1 or more developmental courses as a result of standardized testing or as a result of failure to make satisfactory academic progress.

(b) Are diagnosed as learning disabled.

(c) Require English as a second language (ESL) assistance.

(5) Grant funding under this section shall be utilized to address the special needs of at-risk students or for equipment or upgrade of information technology hardware or software. Activities related to services provided to at-risk students include, but are not limited to, pretesting for academic ability, counseling contacts, and special programs. Equipment or information technology hardware or software purchased under this section need not be associated with the operation of a program designed to address the needs of at-risk students.

(6) Grant funding under this section shall not be used for indirect costs including, but not limited to, rent, utilities, or, except as provided in this section, college administration.

(7) Each community college shall report to the department of career development a summary of all accomplishments under, expenditures for, and compliance with the intent of this program, including the number of at-risk students served. The report is subject to audit as provided for in section 204(1). The report shall be submitted not later than 90 days after the end of the state's fiscal year. The department of career development shall compile the information received under this subsection and shall submit this compilation to the house and senate appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget director by 120 days after the end of the state's fiscal year.

(8) Each community college receiving grant money under this section shall, not more than 12 months after receipt of that money, certify to the state treasurer, the state budget director, the house and senate fiscal agencies, and the auditor general whether all the grant money is expended or encumbered.

Sec. 402. The legislature intends that any executive or legislative proposal or action, subsequent to the adoption of a recommendation for appropriations for community colleges for the fiscal year ending September 30, 2001, to increase appropriations to state-supported 4-year universities in excess of the governor's original recommendation for the fiscal year ending September 30, 2001, will be accompanied by a similar action or proposal for state-supported community colleges.

Sec. 403. The legislature intends that not less than 70% of the economic development job training grant money be awarded to community colleges or a consortium of community colleges and other eligible applicants as provided in the budget that appropriated the economic development job training grant money. Further, the legislature intends that at least a portion of the total appropriation for economic development job training grants be awarded to community colleges that offer certified programs that are bureau of apprenticeship training certified. The Michigan economic development corporation shall report by November 1 of each year to the house and senate appropriations subcommittees on community colleges and the senate and house fiscal agencies the names of the community colleges awarded grant money under this section, the amount of the grants awarded, and the percentage awarded to bureau of apprenticeship training certified programs.

Sec. 404. (1) The Michigan postsecondary access student scholarship (PASS) program is established to provide a PASS award as calculated under this section for a student who is eligible under subsection (2), (3), or (4). The Michigan higher education assistance authority (MHEAA) shall administer the PASS program, for which there is $10,000,000.00 appropriated in part 1, and the PASS program shall comply with the requirements of this section.

(2) A student is eligible for a PASS award for the equivalent of 2 years of full-time college enrollment if the student meets all of the following:

(a) The student must be a Michigan resident enrolled in a program leading to an associate degree that was in existence as of January 1, 2000 at a Michigan public community college, Michigan public university, or Michigan independent nonprofit, degree-granting college or university.

(b) The student must be enrolled at least half-time.

(c) The student must be younger than 22 years old at the time of enrollment.

(d) The student must have scored at level 1 or level 2 on the high school Michigan education assessment program (MEAP) tests in reading, writing, mathematics, and science.

(e) The student must be eligible for a federal Pell grant.

(f) Other requirements established by the MHEAA.

(3) A student who meets all the requirements of subsection (2), other than subsection (2)(d), but has taken the high school MEAP tests in reading, writing, mathematics, and science while in high school shall receive a PASS award for 1 year of college enrollment. If the student maintains satisfactory academic progress in that first year of college enrollment, the student shall receive a PASS award for a second year of college enrollment.

(4) A student who is 22 years old or older who meets all the requirements of subsection (2), other than subsection (2)(c) and (d), shall receive a maximum $500.00 PASS award, not to exceed tuition and fees, for the second year of college enrollment. A student may qualify under this section whether or not the student took any of the high school MEAP tests.

(5) PASS award eligibility is limited to 2 semesters or 3 terms in any academic year.

(6) A PASS award for a student eligible under subsection (2), (3), or (4) shall be calculated by the MHEAA as the amount remaining after subtracting from the value of the student's allowable tuition and fees, as prescribed in subsection (8), all of the following state and federal financial educational assistance for which that student is eligible:

(a) Michigan competitive scholarship.

(b) Michigan tuition grant.

(c) Pell grant.

(d) Federal hope scholarship tax credit.

(7) The department of treasury shall prepare, and MHEAA shall utilize, a tax credit table that imputes an amount to be subtracted under subsection 6 for the federal hope scholarship tax credit.

(8) The value of a student's allowable tuition and fees is as follows:

(a) For student enrolled at a Michigan community college, the value of allowable tuition and fees is the in-district tuition and fees. For a student who does not reside within a community college district, the value of allowable tuition and fees is the out-of-district tuition and fees for the community college that the student is attending.

(b) For a student enrolled at a Michigan public university, the value of allowable tuition and fees is the lower-level resident tuition and fees for that public university.

(c) For a student enrolled at a Michigan independent, nonprofit, degree-granting college or university, the value of allowable tuition and fees is the average, lower-level resident tuition and fees for all Michigan public universities for the immediately preceding academic year as reported before August 1 after that academic year.

(9) The MHEAA shall remit an eligible student's PASS award to a higher education institution in accordance with procedures established by the MHEAA.

(10) The PASS award may be utilized by the student to pay costs of attendance as determined by the MHEAA.

(11) The PASS program shall not be applied for a student's theology or divinity courses.

(12) The MHEAA shall develop an application and eligibility determination process that ensures that all of the requirements prescribed by this section are met.

(13) Students who are expected to receive a tuition incentive program scholarship are not eligible for the PASS program.

(14) The MHEAA shall submit to the senate and house appropriations subcommittees on community colleges, the house and senate fiscal agencies, and the department of management and budget by May 1, 2001 a comprehensive report on the PASS program through December 31, 2000, including, but not limited to:

(a) Number of PASS program recipients by college.

(b) Average PASS award per student, including minimum and maximum, by college.

(c) Total PASS program expenditures.

(d) Other applicable PASS program information, including, but not limited to, the estimated PASS program and cost impact of removing age restrictions and of raising the income eligibility amount

Second: That the Senate and House agree to the title of the bill to read as follows:

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

Harry Gast

Mike Goschka

Alma Wheeler Smith

Conferees for the Senate

Tony Stamas

Patricia Godchaux

Steve Pestka

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. 813 Yeas--105

Allen Garcia Kuipers Rison

Baird Garza Kukuk Rocca

Basham Geiger LaForge Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bishop Godchaux Lockwood Scott

Bogardus Green Mans Scranton

Bovin Hager Martinez Shackleton

Bradstreet Hale Mead Sheltrown

Brater Hanley Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Tesanovich

Clark, I. Jansen Perricone Thomas

Clarke, H. Jelinek Pestka Toy

Daniels Jellema Price Van Woerkom

DeHart Johnson, Rick Prusi Vander Roest

Dennis Johnson, Ruth Pumford Vaughn

DeRossett Julian Quarles Vear

DeVuyst Kelly Raczkowski Voorhees

DeWeese Kilpatrick Reeves Wojno

Ehardt Koetje Richardville Woodward

Faunce Kowall Richner Woronchak

Frank

Nays--1

Gosselin