The House was called to order by the Speaker.

 

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

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

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--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--excused

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--excused

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--excused

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--e/d/s

Parks--excused

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--excused

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. Terry London, from the 81st District, offered the following invocation:

 

"Our Heavenly Father, Grant us the strength and the courage to finish our work and, Lord, let us do it in Thy will. Keep us safe as we return to our homes. In Your name, we pray. Amen."

 

 

 

 

Rep. Hammerstrom moved that Reps. LeTarte and Walberg be excused from today's session.

The motion prevailed.

 

Rep. Dobronski moved that Reps. Parks, Murphy and Gire be excused from today's session.

The motion prevailed.

 

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

 

 

 

 

 

In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.

 

 

 

 

Rep. Gagliardi moved that the House take a recess until 10:00 a.m.

The motion prevailed, the time being 12:20 a.m.

The Speaker announced that the House would take a recess until 10:00 a.m.

 

 

 

 

 

The House was called to order by Acting Speaker DeHart.

 

 

 

 

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

The motion prevailed.

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

The following is the roll call:

 

 

Roll Call No. 731 Yeas--83

 

 

 

 

In The Chair: DeHart

 

 

 

 

Rep. Gubow moved that Reps. Ciaramitaro and Emerson be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 521, entitled

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

The Senate has amended the House substitute (H-1) as follows:

1. Amend page 3, line 15, after "WAS" by striking out "FILED BETWEEN SEPTEMBER 1, 1996 AND OCTOBER 31" and inserting "APPROVED BY THE LOCAL GOVERNMENTAL UNIT ON OCTOBER 7".

The Senate has concurred in the House substitute (H-1) as amended and ordered that the bill be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Gagliardi moved that Rule 45 be suspended.

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

The question being on concurring in the amendment made to the House substitute (H-1),

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

 

 

Roll Call No. 732 Yeas--88

 

 

 

 

Nays--3

 

 

Cropsey Jaye Kaza

 

 

In The Chair: DeHart

 

 

By unanimous consent the House returned to the order of

 

 

The Committee on Appropriations, by Rep. Hood, Chair, reported

Senate Bill No. 272, entitled

A bill to make and supplement appropriations for various state departments and agencies for the fiscal year ending September 30, 1997 and for the fiscal year ending September 30, 1996; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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.

 

 

 

SB 272 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Frank, Hale, Harder, Kelly, Martinez, Owen, Price, Prusi, Rison, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, McBryde, Oxender,

Nays: Reps. Schroer, Johnson.

 

 

 

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

Meeting held on: Tuesday, July 8, 1997, at 9:00 a.m.,

Present: Reps. Hood, Mathieu, Ciaramitaro, Frank, Hale, Harder, Kelly, Martinez, Owen, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Absent: Reps. Emerson, Parks,

Excused: Reps. Emerson, Parks.

 

 

 

 

Senate Bill No. 272, entitled

A bill to make and supplement appropriations for various state departments and agencies for the fiscal year ending September 30, 1997 and for the fiscal year ending September 30, 1996; to provide for the expenditure of the appropriations; 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 Appropriations,

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

Rep. Schroer moved to amend the bill as follows:

1. Amend page 47, following line 22, by inserting:

"DEPARTMENT OF MILITARY AFFAIRS

Sec. 551. The department of military affairs is authorized to receive and expend funds from the department of state police for the activation and reimbursement of national guard for duties related to the state of disaster declared as a result of the July 2, 1997 weather disaster.".

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

 

 

 

 

Rep. McBryde moved that Rep. Bobier be excused temporarily from today's session.

The motion prevailed.

 

Reps. Owen, McBryde and Schroer moved to amend the bill as follows:

1. Amend page 24, following line 8, by inserting:

2. Amend page 24, line 10, by striking out "806,400" and inserting "906,400".

3. Amend page 24, line 19, by striking out "1,000,000" and inserting "500,000".

4. Amend page 24, following line 19, by inserting:

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

5. Amend page 31, following line 26, by inserting:

"(r) Department of military affairs, American legion.

(s) Department of military affairs, disabled American veterans.

(t) Department of military affairs, marine corps veterans.

(u) Department of military affairs, American veterans of World War II and Korea.

(v) Department of military affairs, veterans of foreign wars.

(w) Department of military affairs, Michigan paralyzed veterans of America.

(x) Department of military affairs, purple heart.

(y) Department of military affairs, Polish legion of American veterans.

(z) Department of military affairs, Jewish veterans of America.

(aa) Department of military affairs, state of Michigan council Vietnam veterans of Michigan.

(bb) Department of military affairs, Catholic war veterans.

(cc) Department of military affairs, Grand Rapids veterans' home.

(dd) Department of military affairs, D.J. Jacobetti veterans' home." and relettering the remaining subdivisions.

The question being on the adoption of the amendment offered by Reps. Owen, McBryde and Schroer,

Rep. Owen demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Owen, McBryde and Schroer,

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

Roll Call No. 733 Yeas--96

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

 

The Speaker resumed the Chair.

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 19, line 21, by striking out "17,141,300" and inserting "8,741,300".

2. Amend page 19, line 26, by striking out all of line 26.

3. Amend page 29, following line 9, by inserting:

"DEPARTMENT OF TRANSPORTATION

Appropriated from:

State general fund/general purpose $ 8,400,000"

and adjusting subtotals, totals and section 201 accordingly.

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 734 Yeas--24

 

 

 

 

Nays--69

 

 

Curtis

 

 

In The Chair: Hertel

 

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 45, following line 6, by inserting:

"Sec. 412. Real property other than the family home if that home is a single family home occupied by a recipient of benefits or assistance from the family independence agency shall be included as an asset when determining eligibility for benefits or assistance from the family independence agency. Any income producing property shall be included as income when determining eligibility for benefits or assistance from the family independence agency.".

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:

 

 

Roll Call No. 735 Yeas--42

 

 

Dobb Lowe

 

 

 

 

In The Chair: Hertel

 

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 24, following line 1, by inserting:

"MICHIGAN JOBS COMMISSION

APPROPRIATION SUMMARY:

DEPARTMENT GRANTS

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

2. Amend page 47, following line 22, by inserting:

"MICHIGAN JOBS COMMISSION

Sec. 551. Funds from the negative appropriation in section 101 for the Michigan jobs commission shall be deposited into the fund for uninsured children which is created in the department of treasury. Money in the fund for uninsured children shall be used to provide health insurance for uninsured children in this state.".

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

Reps. Brackenridge and Ciaramitaro moved to amend the bill as follows:

1. Amend page 52, following line 9, by inserting:

"Sec. 673. The department of state in conjunction with the clerk of the local governmental unit who is participating in the pilot project making use of the qualified voter file during the fiscal year shall prepare a report on the effectiveness, efficiency, and shortcomings of the qualified voter file. The department of state shall provide a copy of the report to the senate and house of representatives standing committees on local government and to the senate and house appropriations subcommittees on general government.".

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

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 45, following line 6, by inserting:

"Sec. 409. A person who received any benefits or assistance from the family independence agency who receives any lottery winnings, or inheritance over $1,000.00, shall repay the family independence agency the amount of benefits or other assistance received from 50% of the winnings or inheritance.".

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

 

 

 

Rep. Palamara entered the House Chambers.

Rep. Freeman moved that Rep. Gubow be excused temporarily from today's session.

The motion prevailed.

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 45, following line 6, by inserting:

"Sec. 410. If the owner of a home or apartment complex received a weatherization grant over $1,000.00, the family independence agency shall place a lien on that home or apartment to be paid when the property is sold.".

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:

 

 

Roll Call No. 736 Yeas--41

 

 

DeHart

 

 

Nays--58

 

 

Dobronski Kaza

 

 

In The Chair: Hertel

 

 

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

1. Amend page 45, following line 6, by inserting:

"Sec. 409. (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.

(2) If cost effective, the family independence agency shall also 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 incarcerated in local governmental units that have substantial jail populations.

(3) The family independence agency shall report to the house and senate appropriations subcommittees on the family independence agency the results of the actions required by this section.".

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

Rep. Goschka 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:

 

 

Roll Call No. 737 Yeas--79

 

 

 

 

Nays--16

 

 

 

 

In The Chair: Hertel

 

 

Rep. Geiger moved to amend the bill as follows:

1. Amend page 45, following line 6, following section 409, by inserting:

"JUDICIAL BRANCH

Sec. 451. (1) The chief financial officer of a funding unit for a court, in cooperation with the local court, shall provide to the state treasurer and state court administrative office by January 1, 1998 audited accounts of all money due and owing the court as of September 30, 1997. Where audited accounts are not available, the chief financial officer of a funding unit for a court may provide estimates as long as they are clearly marked as "estimated".

(2) Each court funding unit, in cooperation with the local court, shall submit to the state treasurer and state court administrative office by January 1, 1998 a plan to collect its audited or estimated accounts receivable under existing provisions of law. A funding unit may file a request for an extension of time, not to exceed 30 days, with the state treasurer and the state court administrative office.

(3) The state treasurer shall report to the legislature a compilation of the estimated receivables of all courts and cumulative totals by March 1, 1998. This report is a public record.".

2. Amend page 54, following line 12, by inserting:

"Sec. 1102. Section 312 of 1996 PA 375 is repealed.".

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

 

 

 

 

Acting Speaker DeHart resumed the Chair.

 

Rep. Kaza moved to amend the bill as follows:

1. Amend page 24, following line 1, by inserting:

"MICHIGAN JOBS COMMISSION

APPROPRIATION SUMMARY:

DEPARTMENT GRANTS

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

2. Amend page 47, following line 22, by inserting:

"MICHIGAN JOBS COMMISSION

Sec. 551. Funds from the negative appropriation in section 101 for the Michigan jobs commission shall be deposited into the fund for road improvements which is created in the department of treasury. Money in the fund for road improvements shall be used for road construction and road improvements in this state." and renumbering the remaining section.

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

Rep. Kaza demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 738 Yeas--32

 

 

 

 

Nays--65

 

 

Dalman

 

 

In The Chair: DeHart

 

 

Rep. Bobier moved to amend the bill as follows:

1. Amend page 21, line 1, by striking out all of lines 1 through 15 and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Bobier demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 739 Yeas--51

 

 

 

 

Nays--50

 

 

Curtis Kelly

 

 

In The Chair: DeHart

Rep. Bobier moved to amend the bill as follows:

1. Amend page 21, line 3, by striking out "4,700,000" and inserting "3,700,000".

2. Amend page 21, line 9, by striking out all of lines 9 through 11.

3. Amend page 21, line 13, by striking out "4,700,000" and inserting "3,700,000".

4. Amend page 21, line 15, by striking out "4,700,000" and inserting "3,700,000" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Bobier demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 740 Yeas--54

 

 

DeVuyst Jellema

 

 

Nays--45

 

 

DeHart

 

 

In The Chair: DeHart

 

 

Rep. Galloway moved to amend the bill as follows:

1. Amend page 53, following line 7, by inserting:

"Sec. 705. If the department of state police is responsible for a court judgment or out-of-court settlement resulting from an affirmative action plan found unconstitutional or otherwise illegal and that plan was imposed on the department of state police by the department of civil service, the department of state police shall submit a claim in the amount of the judgment or out-of-court settlement to the department of civil service for it to defray the costs of the judgment or out-of-court settlement from its budget.".

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

Rep. Galloway demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 741 Yeas--45

 

 

Gernaat

 

 

Nays--50

 

 

Curtis Kelly

 

 

In The Chair: DeHart

 

 

 

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

 

Reps. McNutt and Scranton moved to amend the bill as follows:

1. Amend page 20, following line 26, by inserting:

"ASSISTANCE PAYMENTS, SERVICES, AND CLERICAL FIELD STAFF

Volunteer services coordinators, salaries, and wages--86.0 FTE positions $ 1,214,500

Volunteer services and reimbursement--(86.0) FTE positions (1,214,500)

GROSS APPROPRIATION $ 0

Appropriated from:

State general fund/general purpose $ 0"

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

2. Amend page 45, following line 6, following section 409, by inserting:

"Sec. 410. The funds appropriated in section 101 for volunteer services coordinators, salaries and wages, are funded by reducing the appropriated level of the volunteer services and reimbursement line item in 1996 PA 368.".

The question being on the adoption of the amendments offered by Reps. McNutt and Scranton,

Rep. McNutt demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. McNutt and Scranton,

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

 

 

Roll Call No. 742 Yeas--99

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

Rep. Geiger moved to amend the bill as follows:

1. Amend page 20, following line 26, by inserting:

"JUDICIARY

APPROPRIATION SUMMARY:

SUPREME COURT

Appropriated from:

State general fund/general purpose $ 199,000"

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

2. Amend page 32, following line 6, by inserting:

"(w) Judicial branch, supreme court administration.".

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

Reps. Birkholz and Dalman moved to amend the bill as follows:

1. Amend page 53, line 2, after "1997" by inserting "or June 20 and 21, 1997".

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

Reps. Brackenridge and Ciaramitaro moved to amend the bill as follows:

1. Amend page 19, following line 21, by inserting:

2. Amend page 27, line 18, by striking out all of lines 18 through 22 and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 45, following line 6, following section 410, by inserting:

"Sec. 411. From the funds appropriated in section 101 for the qualified voter file, the family independence agency shall establish a system for electronically compiling and transmitting to the qualified voter file information obtained from persons applying for benefits or services.".

4. Amend page 52, line 6, by striking out all of section 672.

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

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

1. Amend page 29, following line 17, by inserting:

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

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

Rep. Gubow moved to amend the Gilmer and Agee amendment as follows:

1. Amend the Gilmer and Agee amendment, page 29, following line 17, by striking out "1,200,000" and inserting "100".

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 743 Yeas--13

 

 

Goschka

 

 

Nays--88

 

 

 

 

In The Chair: DeHart

 

 

 

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

 

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

After debate,

Rep. Hertel demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

 

 

Roll Call No. 744 Yeas--27

 

 

 

 

Nays--73

 

 

Gagliardi

 

 

In The Chair: DeHart

Reps. Brackenridge, Bodem, Dalman, Perricone, London, Cassis and Dobb, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

Cigarette smuggling is a serious and complex problem that illegally drains millions of dollars from our state treasury on an annual basis.

The House of Representatives has attempted to rectify this problem with a balanced, comprehensive plan on numerous occassions. This amendment is an ill-timed, piece-meal approach at best. Although well-intentioned, this amendment could create more problems than it solves.

We are committed to developing a long-term solution to this intractable problem. Taxpayers should not settle for a patch-work response such as this."

 

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

"Mr. Speaker and members of the House:

I voted no on the Gilmer amendment number 4, to SB272 because I believe this matter should be considered and passed through the House tax committee."

 

Rep. Scranton, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

This is a discrepancy between the wholesaler & Dept. of Treasury. When Prop A was passed, in the wee hrs. of the a.m., "they" didn't include stamping on the packs. Now no one can agree how they shld be stamped & who pays. The cigarette companies got an increase in $ at the time but didn't have to stamp. They shld be stamping now--at their cost."

 

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

"Mr. Speaker and members of the House:

I voted against the Gilmer / Agee amendment #4 on Senate Bill 272 (H-1) to amend and create a $1,200,000.00/xx expenditure to implement the Tobacco Stamp project because:

> I do not believe the Governor has the authority to push this forward without statutory backing.

> I do believe the treasury has the authority, AND also has the money without a 1.2 M add-on for the remaining two months of the current year."

 

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. 272, entitled

A bill to make and supplement appropriations for various state departments and agencies for the fiscal year ending September 30, 1997 and for the fiscal year ending September 30, 1996; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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

 

 

Roll Call No. 745 Yeas--68

 

 

 

 

Nays--30

 

 

Dobb Horton

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Rep. Kaza, 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 same special interests who have been arm-twisting and lobbying this week for a gas tax increase refuse to accept any cuts in corporate welfare spending. It is unjust to raise the gas tax on the middle class at a time when corporate welfare spending exceeds $600 million--nearly eight percent of state discretionary spending.

Cut corporate welfare spending, and earmark the savings and cost containment for road maintenance and infrastructure development.

I vote "no" because earlier today the House refused to cut corporate welfare spending by $50 million by earmarking these funds for roads."

 

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

"Mr. Speaker and members of the House:

I voted no on SB272 because my amendment to assist Allegan County with the recent disaster was not recognized and the bill contained several pieces of pork with which I disagreed."

 

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

"Mr. Speaker and members of the House:

I voted "No" on Senate Bill 272 because there are several needless and unwarranted expenditures in the bill, including a whopping $500,000 for each political party to draw maps for redistricting purposes at taxpayer expense. As usual, the legislature feathered its own nest in this bill at taxpayer expense, but did virtually nothing for the taxpayers themselves.

Although I was successful in adding an amendment to keep inmates in our prison system from receiving food stamps, the bill is far outweighed with inappropriate expenditures that the public can ill afford and do better without.

Mr. Speaker and members, SB 272 is more of the "same old, same old," and the people of Michigan deserve better. Therefore, I cannot support this bill."

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

"Mr. Speaker and members of the House:

Besides the fact this supplemental bill is full of pork, I voted against this bill because the Speaker would not recognize or allow our amendment to have a hearing on the House floor. Allegan and Ottawa counties were declared a disaster by the State and Federal government because of the June 1997 storms. The funding, $10 million, was in this supplemental bill for the declared disasters in southeastern Michigan as a result of the recent storms, and fairness would dictate that at least our amendment could be presented to the House and voted on. It was not allowed so I could not vote for the bill because of the proceedural unfairness."

 

 

 

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

 

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

The motion prevailed.

 

 

 

 

Rep. Gagliardi moved that the House take a recess until 8:00 p.m.

The motion prevailed, the time being 3:30 p.m.

Acting Speaker DeHart announced that the House would take a recess until 8:00 p.m.

 

By unanimous consent the House returned to the order of

 

 

Rep. Johnson offered the following resolution:

House Resolution No. 132.

A resolution to memorialize the Congress and the President of the United States to strengthen the proposed settlement with tobacco companies to ensure compliance and stricter protection of public health.

Whereas, The recently announced proposed settlement with the tobacco industry includes numerous provisions that are inadequate. In its current form, the settlement provides insufficient enforcement powers for the federal government and too many uncertainties if the industry fails to meet specified reductions in smoking among young people; and

Whereas, As announced, the settlement, which has been described by former Surgeon General Dr. C. Everett Koop as "deeply flawed," is too lenient on the tobacco industry in several areas. The proposed penalties if there is not enough of a smoking reduction in teens are far too weak. In addition, the bans on advertising would likely be unenforceable and the proposal does not address how the settlement money would be divided among the states, insurers, and other third parties to the lawsuit; and

Whereas, Another part of the settlement that is troubling to many is the provision allowing the companies to deduct from federal taxes the $368.5 billion costs. This would mean, in effect, that the American people will be subsidizing significant portions of the costs; and

Whereas, Considerable changes need to be made to the proposal before this settlement is fair and acceptable to the citizens of our country; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress and the President of the United States to strengthen the proposed settlement with tobacco companies to ensure compliance and stricter protection of public health; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Health Policy.

 

 

Rep. Martinez offered the following concurrent resolution:

House Concurrent Resolution No. 55.

A concurrent resolution to urge the President and the Congress of the United States to expedite the naturalization of Hmong and Lao veterans who fought alongside the United States troops in Southeast Asia.

Whereas, Many Hmong and Lao units fought for and with United States Armed Forces during the Vietnam war. More than 35,000 of them were killed, along with countless numbers who were wounded while fighting with their American allies; and

Whereas, They were told by representatives of our government that the United States would not abandon them nor forsake their care and well-being if the Americans left Southeast Asia; and

Whereas, Many of those Hmong and Lao soldiers and their families have been accepted into our country as legal immigrants; and

Whereas, While fighting for the United States, many of these veterans, as young soldiers, had little or no time for education in their homeland, and therefore had great difficulty learning American customs and the level of English needed to qualify for U.S. citizenship; and

Whereas, Through the Hmong and Lao Veterans of America, Inc., these veterans were honored at the national level for the first time in Washington, D.C., by members of Congress and U.S. officials at the Vietnam Memorial and Arlington National Cemetery; and

Whereas, These legal immigrant veterans are now in danger of losing supplemental security income, food stamps, and all federal means-tested benefits; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature hereby respectfully urges the President and the Congress of the United States to expedite the naturalization of Hmong and Lao veterans who fought alongside United States troops in Southeast Asia and subsequently moved to this country with their families; and, be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on House Oversight and Ethics.

 

 

Rep. Johnson offered the following concurrent resolution:

House Concurrent Resolution No. 56.

A concurrent resolution to memorialize the Congress and the President of the United States to strengthen the proposed settlement with tobacco companies to ensure compliance and stricter protection of public health.

Whereas, The recently announced proposed settlement with the tobacco industry includes numerous provisions that are inadequate. In its current form, the settlement provides insufficient enforcement powers for the federal government and too many uncertainties if the industry fails to meet specified reductions in smoking among young people; and

Whereas, As announced, the settlement, which has been described by former Surgeon General Dr. C. Everett Koop as "deeply flawed," is too lenient on the tobacco industry in several areas. The proposed penalties if there is not enough of a smoking reduction in teens are far too weak. In addition, the bans on advertising would likely be unenforceable and the proposal does not address how the settlement money would be divided among the states, insurers, and other third parties to the lawsuit; and

Whereas, Another part of the settlement that is troubling to many is the provision allowing the companies to deduct from federal taxes the $368.5 billion costs. This would mean, in effect, that the American people will be subsidizing significant portions of the costs; and

Whereas, Considerable changes need to be made to the proposal before this settlement is fair and acceptable to the citizens of our country; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress and the President of the United States to strengthen the proposed settlement with tobacco companies to ensure compliance and stricter protection of public health; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Health Policy.

 

 

 

 

Committee on Public Utilities

Date: Tuesday, July 8, 1997

Time: 7:00 p.m.

Place: Roosevelt Park City Hall, Council Chambers, 900 Oakridge Road, Roosevelt Park, Michigan

Agenda: Public testimony on electric deregulation
and any/or all business properly before this committee

 

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, July 9:

House Bill Nos. 5004 5005 5006 5007 5008 5009 5010 5011 5012

 

 

 

 

Rep. McManus introduced

House Bill No. 5026, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," (MCL 722.621 to 722.636) by adding section 9a.

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

 

 

Rep. McManus introduced

House Bill No. 5027, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 522 (MCL 206.522), as amended by 1996 PA 484.

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

 

 

Rep. McManus introduced

House Bill No. 5028, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57a (MCL 400.57a), as added by 1995 PA 223.

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

 

 

Rep. Bobier introduced

House Bill No. 5029, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 55a, 57, 60, 61, 66, 67, 67a, 68, 70, 70b, 71, 72, 73c, 74, 84, 108, 131, 131c, and 131e (MCL 211.55a, 211.57, 211.60, 211.61, 211.66, 211.67, 211.67a, 211.68, 211.70, 211.70b, 211.71, 211.72, 211.73c, 211.74, 211.84, 211.108, 211.131, 211.131c, and 211.131e), sections 55a and 70b as added and sections 57, 60, 61, 73c, 74, 108, 131, and 131c as amended by 1993 PA 291, section 67a as amended by 1984 PA 103, section 72 as amended by 1993 PA 202, section 84 as amended by 1981 PA 162, and section 131e as amended by 1996 PA 476, and by adding section 131f.

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

 

 

Rep. Agee introduced

House Bill No. 5030, entitled

A bill to amend 1927 PA 150, entitled "An act to prescribe a privilege tax for the use of the public highways by owners and drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of motor fuel; to prescribe the manner and the time of paying this tax and the duties of officials and others respecting the payment and collection of this tax; to provide for the licensing of wholesale distributors, certain retail dealers, exporters, and suppliers as defined in this act; to fix a time when this tax and interest and penalties thereon become a lien upon the property of persons, firms, partnerships, associations, or corporations, subject to the payment of this tax; to provide for the enforcement of this lien; to permit the inspection and testing of petroleum products; to provide for certain exemptions and refunds and for the disposition of the proceeds of this tax; and to prescribe penalties for the violation of this act," by amending the title and sections 2 and 22 (MCL 207.102 and 207.122), section 2 as amended by 1992 PA 225 and section 22 as amended by 1995 PA 52, and by adding chapter 7; 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.

 

 

Rep. Agee introduced

House Bill No. 5031, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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. 746 Yeas--97

 

 

Dobronski

 

 

In The Chair: Hertel

 

 

 

Rep. London moved that Reps. Jaye and Bankes be excused temporarily from today's session.

The motion prevailed.

 

Rep. Gustafson moved that Rep. Fitzgerald be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 171, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

(The conference report was reported by the conference committee, rules suspended for immediate consideration and postponed temporarily on July 8, see House Journal 65, p. 1759.)

The question being on the adoption of the conference report,

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

Roll Call No. 747 Yeas--99

 

 

 

 

Nays--1

 

 

LaForge

 

 

In The Chair: Hertel

 

 

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

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

 

 

 

 

Rep. Bankes, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 747.

Had I been present, I would have voted 'yea'."

 

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Thursday, July 10, at 10:00 a.m.

The motion prevailed.

 

 

 

 

 

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

 

 

 

 

House Bill No. 4642, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.

The Senate has substituted (S-8) the bill.

The Senate has passed the bill as substituted (S-8), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending sections 4a and 6a (MCL 205.54a and 205.56a), section 4a as amended by 1996 PA 435 and section 6a as amended by 1993 PA 325.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

 

 

House Bill No. 4643, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1996 PA 436.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

 

 

Senate Bill No. 225, entitled

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

The Senate has amended the House amendment as follows:

1. Amend House Amendment No. 3, page 2, line 15, after "FUND," by striking out the balance of the amendment and inserting "AND SHALL BE USED ONLY FOR IMPROVEMENTS ON FEDERAL AID ROADS AS APPROVED BY THE STATE TRANSPORTATION DEPARTMENT.".

The Senate has concurred in the House amendment as amended, ordered that the bill be given immediate effect and agreed to the full title of the bill.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Senate Bill No. 303, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal certain acts and parts of acts," by amending sections 10, 11, 11c, 12, and 13 (MCL 247.660, 247.661, 247.661c, 247.662, and 247.663), as amended by 1993 PA 294, and by adding sections 1g and 1h.

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

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

 

 

House Bill No. 4522, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as added by 1995 PA 58.

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

The House agreed to the full title of the bill.

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

 

 

Senate Bill No. 208, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1996 PA 484.

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

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

 

 

 

 

Rep. Jelinek moved that the House adjourn.

The motion prevailed, the time being 11:59 p.m.

 

The Speaker declared the House adjourned until Thursday, July 10, at 10:00 a.m.