The House was called to order by the Associate Speaker Pro Tempore.

 

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

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--e/d/s

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--e/d/s

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--e/d/s

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--excused

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--e/d/s

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Clerk's Note: Rep. Basham was sworn in at 3:00 p.m. today.

The Rev. Beth Montieth, Minister of Fellowship For Today, East Lansing, offered the following invocation:

 

"Today, I offer you an invocation from Chief Seattle: Teach your children what we have taught our children--that the earth is our mother. Whatever befalls the earth befalls the sons and daughters of the earth. If men disrespect the ground, they disrespect themselves. This we know. The earth does not belong to us--we belong to the earth. This we know. All things are connected. Like the blood which unites one family, all things are connected. Thank you."

 

 

 

 

Rep. Dobronski moved that Rep. Mans be excused from today's session.

The motion prevailed.

 

Rep. Kilpatrick asked and obtained a temporary excuse from today's session.

 

Rep. Rhead moved that Rep. Llewellyn be excused temporarily from today's session.

The motion prevailed.

 

 

 

 

The Speaker laid before the House

House Bill No. 4117, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 1988 PA 372.

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

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 508 Yeas--98

 

 

DeVuyst Jellema

 

 

Nays--0

 

 

In The Chair: Gire

 

 

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. Emerson entered the House Chambers.

 

Rep. Hale entered the House Chambers.

 

 

The Speaker laid before the House

House Bill No. 4237, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending sections 107 and 117 (MCL 55.107 and 55.117), section 107 as amended by 1993 PA 96.

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

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 509 Yeas--100

 

 

 

 

Nays--0

 

 

In The Chair: Gire

 

 

The House agreed to the title as amended.

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

 

 

The Speaker laid before the House

House Bill No. 4230, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5131, 5205, and 5207 (MCL 333.5131, 333.5205, and 333.5207), section 5131 as amended by 1994 PA 200 and sections 5205 and 5207 as added by 1988 PA 490, and by adding section 5204.

(The bill was received from the Senate on June 11, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 12, see House Journal No. 54, p. 1170.)

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 510 Yeas--101

 

 

Dobb

 

 

In The Chair: Gire

 

 

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. 4523, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 160a.

(The bill was received from the Senate on June 11, with substitute (S-4), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 12, see House Journal No. 54, p. 1170.)

The question being on concurring in the adoption of the substitute (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 511 Yeas--103

 

 

 

 

Nays--2

 

 

Jaye Middleton

 

 

In The Chair: Gire

 

 

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. 4774, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1234 (MCL 380.1234).

(The bill was received from the Senate on June 11, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 12, see House Journal No. 54, p. 1171.)

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 512 Yeas--102

 

 

Dobronski Jellema

 

 

Nays--0

 

 

In The Chair: Gire

 

 

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. Johnson entered the House Chambers.

 

 

The Speaker laid before the House

House Bill No. 4520, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 17h (MCL 436.17h), as amended by 1996 PA 379.

(The bill was received from the Senate on June 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 53, p. 1143.)

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

Rep. Gagliardi moved to amend the Senate substitute (S-1) as follows:

1. Amend page 3, line 9, after "UNIVERSITY," by inserting "WALKER CISLER CENTER AT LAKE SUPERIOR STATE UNIVERSITY,".

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

The question being on concurring in the Senate substitute (S-1) as amended,

The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 513 Yeas--78

 

 

DeHart Jellema

 

 

Nays--26

 

 

Geiger Kukuk

 

 

In The Chair: Gire

 

 

The House agreed to the full title of the bill.

 

 

 

 

The Speaker assumed the Chair.

 

 

The following communication from the Secretary of State was received and read:

 

To all to whom these presents shall come:

I, Candice S. Miller, Secretary of State of the State of Michigan and Custodian of the Great Seal thereof, Do Hereby Certify that Raymond E. Basham of 12406 Telegraph Road, Taylor, Michigan 48180 has been elected a State Representative from the 22nd District for a term ending January 1, 1999 as shown by the returns certified by the Wayne County Board of Canvassers.

[SEAL] In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State in the Capital City of Lansing, this Eighteenth day of June A.D. 1997

 

Representative-elect Basham took and subscribed the constitutional oath of office which was administered by the Honorable William Collette, Judge, 30th Judicial Circuit Court. Said oath was filed in the office of the Clerk of the House of Representatives.

Rep. Basham was assigned seat No. 2.

 

Rep. Gagliardi moved that the following remarks be printed in the Journal.

The motion prevailed.

 

Rep. Basham:

"I hope its not true what the judge said, that this would be the last applause I would get for a while. But I would just like to say thank you, Your Honor, and it is a privilege to be here on the House floor to represent my constituents and, let's go to work."

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 169, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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

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

Rep. Brewer moved to amend the bill as follows:

1. Amend page 14, line 16, after "budget" by inserting a comma and "the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues,".

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

Rep. McManus moved to amend the bill as follows:

1. Amend page 46, following line 26, by inserting:

"Sec. 637. Effective October 1, 1997, the family independence agency shall establish a family cap that provides that a recipient who gives birth to a child more than 10 months after beginning to receive family independence program (FIP) benefits shall not receive any additional cash benefits for the benefit of that child but may receive an amount equivalent to the cash benefits the recipient would have received for the benefit of that child in vouchers redeemable for food and other essentials for that child. This section does not affect the provision of any other benefits for which the recipient's household is otherwise eligible.".

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

Rep. McManus demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

 

 

In The Chair: Hertel

 

 

Rep. Horton moved to amend the bill as follows:

1. Amend page 32, line 7, after "524." by striking out the balance of the section and inserting "The family independence agency shall provide day care payments for enrolled in-home aides between the ages of 16 and 18 in the same manner and at the same reimbursement levels as enrolled in-home aides who are 18 years of age and older.".

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

 

 

Crissman Hood

 

 

In The Chair: Hertel

 

 

Rep. Kukuk moved to amend the bill as follows:

1. Amend page 46, following line 26, by inserting:

"Sec. 637. (1) From the funds appropriated in section 101 for state emergency relief, the family independence agency shall not make a payment to a recipient for the purpose of mortgage payments, home repairs, land contracts payments, or property tax payment, unless the recipient agrees to give the department a lien on his or her real property in the amount of total payments made by the department in excess of $250.00.

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

Rep. Kukuk demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Galloway Jellema

 

 

 

 

 

 

In The Chair: Hertel

 

 

Rep. Goschka moved to amend the bill as follows:

1. Amend page 46, following line 26, by inserting:

"Sec. 637. (1) The family independence agency shall periodically compare its records of individuals who receive or use food stamps or coupons, food stamp access devices, or food stamp program benefits with the records of individuals committed to the jurisdiction of the department of corrections to identify and terminate the eligibility of individuals who are ineligible for those food stamps or coupons, food stamp access devices, or food stamp program benefits because they are committed to the jurisdiction of the department of corrections.

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

Rep. Horton moved to amend the bill as follows:

1. Amend page 46, following line 26, following section 637, by inserting:

"Sec. 638. (1) Effective October 1, 1997, the family independence agency shall limit for 12 months the amount of family independence program (FIP) benefits paid to persons who move into this state to the lower of the following:

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

DeVuyst Jellema

 

 

 

 

 

 

In The Chair: Hertel

 

 

Rep. Horton moved to amend the bill as follows:

1. Amend page 42, line 11, after "partner" by striking out "as the supervising adult".

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

Geiger Kaza

 

 

 

 

Dobb Kilpatrick

 

 

In The Chair: Hertel

 

 

Rep. Brewer moved to amend the bill as follows:

1. Amend page 20, line 21, after "1998." by inserting "The family independence agency shall submit by December 1, 1997 and each quarter thereafter, a report to the members of the house and senate appropriations subcommittees on family independence agency and the standing committees having jurisdiction over technology issues, a report detailing the use of funding and progress toward the completion of the assist project.".

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

Reps. Jaye and Kaza moved to amend the bill as follows:

1. Amend page 46, following line 26, following section 637, by inserting:

"Sec. 638. The family independence agency shall provide, to any 18 to 50 year old able-bodied recipient of food stamps who refuses to comply with work requirements as outlined in Public Law 104-193, a bus ticket to any other state that has applied for a waiver to federal food stamp work requirements if the able-bodied recipient agrees not to seek welfare benefits for the ensuing 5-year period.".

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

Rep. Kaza moved to reconsider the vote by which the House did not adopt the amendment.

The question being on the motion by Rep. Kaza,

Rep. Kaza moved that consideration of the motion be postponed temporarily.

The motion prevailed.

Rep. Horton moved to amend the bill as follows:

1. Amend page 46, following line 26, following section 637, by inserting:

"Sec. 638. (1) Effective October 1, 1997, the family independence agency shall limit for 6 months the amount of family independence program (FIP) benefits paid to persons who move into this state to the lower of the following:

(a) The Michigan amount of FIP benefits that would be allowed to the person or persons.

(b) The amount that the person or persons would have received from the state from which they moved to come to this state.

(2) The family independence agency shall report to the legislature the number of FIP cases affected by this section.".

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

Godchaux

 

 

In The Chair: Hertel

 

 

 

 

Rep. Wetters, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

This amendment would bar any migrant labor from access to even emergency funds and would have a dramatic & negative impact on Michigan agriculture.

I cannot support this amendment."

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 46, following line 26, by inserting:

"Sec. 637. The family independence agency shall not provide any benefits except emergency medicaid to a nonresident of this state.".

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

Rep. Horton moved to amend the bill as follows:

1. Amend page 32, line 11, by striking out all of section 525.

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

Curtis Kilpatrick

 

 

In The Chair: Hertel

 

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 46, following line 26, by inserting:

"Sec. 637. The family independence agency shall adopt a policy of no free college education for recipients who are convicted of a felony or drug related crime.".

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

Rep. Price moved to reconsider the vote by which the House adopted the amendment.

The motion prevailed.

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

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 46, following line 26, by inserting:

"Sec. 637. The family independence agency shall not provide benefits or assistance of any kind to an individual who is childless and has been convicted of a drug related felony.".

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

Rep. Jaye moved to amend the bill as follows:

1. Amend page 46, following line 26, following section 638, by inserting:

"Sec. 639. The family independence agency shall reduce the FIP assistance by 5% to any household that includes an individual who smokes.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

DeVuyst

 

 

 

 

Emerson

 

 

In The Chair: Hertel

 

 

 

 

Rep. Scranton entered the House Chambers.

 

Rep. Horton moved to amend the bill as follows:

1. Amend page 46, following line 26, following section 638, by inserting:

"Sec. 639. The family independence agency shall submit a request to the federal government for an exemption from the minimum wage for community service or job training activities of family independence program (FIP) recipients.".

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

 

 

In The Chair: Hertel

 

 

Rep. Horton moved to amend the bill as follows:

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

"(3) Notwithstanding subsections (1) and (2), the family independence agency shall actively recruit faith-based organizations to compete on the same basis as any other private organization for contracts to provide services to recipients of family independence agency services, including but not limited to, mentoring or supportive services. The family independence agency shall not discriminate against an organization that applies to become a contractor on the basis that the organization has a religious character.".

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

Rep. Horton moved to amend the bill as follows:

1. Amend page 42, line 13, after "622." by inserting "(1)".

2. Amend page 42, following line 25, by inserting:

"(2) The family grant for the individual's family for FIP and food stamps shall be permanently reduced by the individual's personal needs portion if the individual who is a person convicted of a felony and receives benefits under this section is convicted of a second felony which included the possession, use, or distribution of a controlled substance after August 22, 1996.".

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

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

Rep. Kaza demanded the yeas and nays.

The demand was supported.

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

The motion did not prevail, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Curtis LaForge

 

 

In The Chair: Hertel

 

 

Rep. Jansen moved to amend the bill as follows:

1. Amend page 36, line 15, after "needy" by striking out "persons" and inserting "citizens of the United States or aliens exempted from the supplemental security income citizenship requirement".

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

 

 

Curtis Kelly

 

 

In The Chair: Hertel

 

 

Reps. McManus and Goschka moved to amend the bill as follows:

1. Amend page 46, following line 26, following section 638, by inserting:

"Sec. 639. An able-bodied person between 18 and 50 years of age may not receive food stamp benefits for more than 3 countable months in a 36-month period unless that person meets 1 of the following criteria:

(a) Works at least 25 hours per month in community service work activities within a 30-day period.

(b) Works 80 hours or more within a 30-day period.

(c) Participates in a work program for 80 hours or more within a 30-day period.

(d) Becomes exempt.".

The question being on the adoption of the amendment offered by Reps. McManus and Goschka,

Rep. McManus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. McManus and Goschka,

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

 

 

 

 

Dobb Johnson

 

 

 

 

 

 

In The Chair: Hertel

Rep. Jaye moved to amend the bill as follows:

1. Amend page 46, following line 26, following section 639, by inserting:

"Sec. 640. (1) The family independence agency shall establish a reduction of benefits program that sanctions individuals who receive family independence program (FIP) benefits or food stamps who fail to ensure that their minor dependent children attend school as required by law.

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

 

 

 

 

In The Chair: Hertel

 

 

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

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

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

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

Rep. Gagliardi moved that Rule 49 be suspended.

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

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 169, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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

 

 

 

 

DeHart Hood

 

 

 

 

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

 

 

 

 

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

"Mr. Speaker and members of the House:

I voted 'No' on this bill because it does not require the state to recover taxpayer money provided by the Family Independence Agency (FIA) to homeowners who receive grants to improve their homes.

During floor debate on this legislation, I introduced an amendment which would have required recipients of FIA funds to repay taxpayers for grants used to make home repairs, mortgage payments, property tax payments, or land contract payments. The FIA would place a lien on homes in the amount expended by the FIA for the purpose of recovering the taxpayer funds at the time the home is sold. Unfortunately, my amendment was not adopted. Homeowners should not benefit from higher selling prices on their homes without reimbursing taxpayers for their contribution.

The state provides these loans at zero interest, and I believe that this program should not be a free handout."

 

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

"Mr. Speaker and members of the House:

The Legislature, press and the public did not have 5 days as required by the House Rules to review the welfare and DNR budget bills. It is irresponsible for legislators to vote on a welfare budget containing $1.033 billion and 13,597 employees with less than a 24 hour review. My Republican Collegues wouldn't even assist me in getting a record roll call vote on the following amendments:

1. Allow for a lien on home and/or apartment complexes who receive weatherization grants; allow repayment to the state when they sell the property.

2. Mandate welfare recipients pay back past support with up to 50% of lottery winnings, inheritance or other windfalls.

3. Allow for welfare to be treated grants as loans, not to exceed 5% of the future salary or windfalls to pay back the state.

4. Allow for FIA to adopting a policy of no free college education ($12 million TIP) for welfare recipients and teens convicted of felony crimes or drug crimes.

5. Mandate FIA have a 5% withholding of cash grants for smokers?

6. Allow as an asset any vehicle owned in part or whole to determining eligibility with a FMV over $10,000.

7. Allow any real property, other than the occupied single family domicile, to be counted as an asset and any income producing real property asset as income.

8. Eliminate welfare benefits for all non-Michigan residents except emergency Medicaid.

9. Require FIA employees to report illegal aliens to the Federal Immigration Service.

10. Reduce drug users' grant by 10% if they do not enroll in a rehabilitation program within 45 days and eliminate all benefits if they are not enrolled in a treatment program six months after conviction.

11. Prohibit childless, drug felons to receive FIA assistance of any type.

The majority of House Legislators are more interested in leaving early for the 4th of July Holiday than reading and diliberating on Michigan's $20 billion budget bills."

 

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

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

Rep. Gustafson moved to reconsider the vote by which the House gave the bill immediate effect.

The motion prevailed.

The question being on giving the bill immediate effect,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on giving the bill immediate effect,

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

 

 

 

 

Curtis Kilpatrick

 

 

 

 

In The Chair: Hertel

 

 

 

 

Senate Bill No. 168, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1998; 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.

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

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

Rep. Jaye moved to amend the bill as follows:

1. Amend page 30, following line 10, by inserting:

"Sec. 708. With money appropriated in section 101, the department shall allow an individual who obtains a permit for entrance into a state park or recreation area to enter any state park or recreation area during the time period that the permit is effective.".

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

Rep. Brewer moved to amend the bill as follows:

1. Amend page 24, line 2, after "budget" by inserting a comma and "the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues,".

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

Rep. Anthony moved to amend the bill as follows:

1. Amend page 30, following line 10, following section 708, by inserting:

"Sec. 709. The department shall make necessary improvements to the Fayette state park to assure that electrical connections are made to the campgrounds located within the Fayette state park. The department shall utilize the funds appropriated for state parks from the park improvement fund for the purpose of this section.".

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

 

 

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 32, following line 4, by inserting:

"Sec. 808. To the extent permitted by contract, the department shall assign individuals who are forest firefighters to work during low fire risk seasons in jobs that support the harvest of forest products.".

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

Rep. Gagliardi moved that Rep. Stallworth be excused from the balance of today's session.

The motion prevailed.

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 32, following line 20, by inserting:

"Sec. 904. (1) With money appropriated in section 101, the department shall prepare for sale and sell 10 parcels of property not more than 40 acres in size within each of 10 house of representatives districts that contain more than 10% of publicly owned land. Each parcel shall meet the following requirements:

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

 

 

Curtis

 

 

In The Chair: Murphy

Rep. Lowe moved to amend the bill as follows:

1. Amend page 32, following line 20, by inserting:

"Sec. 904. The department shall refund the fee paid by an unsuccessful bidder who has nominated state property for sale, when the land is sold.".

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

Rep. Green moved to amend the bill as follows:

1. Amend page 32, following line 14, by inserting:

"Sec. 902a. (1) The department shall offer for sale to Verona Township, to expand its cemetery, property legally described as follows:

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

Rep. McNutt moved to amend the bill as follows:

1. Amend page 32, following line 4, by inserting:

"Sec. 808. With money received from the sale of timber on state land and appropriated in section 101, the department shall employ an additional 20 full-time temporary employees to serve as firefighters for the 6-month period in which the risk of forest fires is the highest.".

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

Rep. McNutt demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

 

 

In The Chair: Murphy

Rep. Gagliardi moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Green.

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

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

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

Rep. Kukuk moved to amend the bill as follows:

1. Amend page 29, following line 15, by inserting:

"Sec. 703a. The department shall offer reduced fee permits to veterans of the United States armed forces and of the Michigan national guard. The discounted veteran state park admission fees shall not exceed the cost of the fees charged by the department for senior citizen admissions.".

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

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

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

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

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

Rep. Gagliardi moved that Rule 49 be suspended.

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

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 168, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1998; 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.

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