No. 59
JOURNAL OF THE SENATE
Senate Chamber, Lansing, Wednesday, July 2, 1997.
10:00 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Philip E. Hoffman.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Bennett--present | Emmons--present | Rogers--present |
Berryman--present | Gast--present | Schuette--present |
Bouchard--present | Geake--present | Schwarz--present |
Bullard--present | Gougeon--present | Shugars--present |
Byrum--present | Hart--present | A. Smith--present |
Carl--present | Hoffman--present | V. Smith--present |
Cherry--present | Koivisto--present | Stallings--present |
Cisky--present | McManus--present | Steil--present |
Conroy--present | Miller--present | Stille--present |
DeBeaussaert--present | North--present | Van Regenmorter--present |
DeGrow--present | O'Brien--present | Vaughn--present |
Dingell--present | Peters--present | Young--present |
Dunaskiss--present Posthumus--present
Father Mark Inglot of Queen of the Miraculous Medal Church in Jackson offered the following invocation:
God of Heaven and Earth, may Your Spirit be with us as we gather this day. Guide the members of this Senate and their staffs and help them to work together for the good of all. Bless their plans and deliberations. May Your wisdom guide their decisions. Bring success to their work and reward them for the good they do. May You, Lord, be their inspiration and we ask You to help them to bring the good work You have begun in them to completion and action.
During these summer months, keep us mindful and grateful for the beauty of creation. You have gifted this great state with two peninsulas rich in the wonders of nature. May we treasure them, enjoy them and protect them for future generations.
As our nation celebrates its Independence Day this week, we ask Your strength to live up to our mottos of "liberty and justice for all," "In God we trust," and "Out of the many, one." May these fine words ring true into the new millennium. We give thanks this Fourth of July for the dear land placed in our care and for all peoples who call this land their home, Americans all. Help us to become more and more "one nation, under God, with liberty and justice for all."
May the Lord bless us and keep us. May the Lord's face shine upon us and be gracious to us. May the Lord look upon us kindly and give us peace. May the Lord continue to bless the people and leaders of the state of Michigan. Amen.
Motions and Communications
Senator Schuette entered the Senate Chamber.
Senator DeGrow moved that Senators Bouchard, Dunaskiss, Gast, Rogers, Steil and Carl be temporarily excused from today's session.
The motion prevailed.
Senator V. Smith moved that Senators Miller and Stallings be temporarily excused from today's session.
The motion prevailed.
The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, July 1:
House Bill No. 4066
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, July 2:
House Bill Nos. 4529 4530 4531 4532 4533 4534 4898 4939 4997
Messages from the Governor
The following message from the Governor was received:
Date: June 30, 1997
Time: 6:47 p.m.
To the President of the Senate:
Madam--I have this day approved and signed
Enrolled Senate Bill No. 128 (Public Act No. 54), 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 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 2882 (MCL 333.2882), as amended by 1996 PA 307.
(Filed with the Secretary of State on July 1, 1997, at 1:24 p.m.)
Respectfully,
John Engler
Governor
The following message from the Governor was received and read:
July 1, 1997
There is herewith presented for consideration and confirmation by the Senate, the following appointment to office:
Michigan Natural Resources Trust Fund Board
Mr. John D. Rock, 111 Swallowtail Lane, Okemos, Michigan 48864, county of Ingham, as a member representing the general public, succeeding the Honorable Wendy Potts of Birmingham, who has resigned, for a term expiring on October 1, 1997.
Sincerely,
John Engler
Governor
The appointment was referred to the Committee on Government Operations.
Senator Bouchard entered the Senate Chamber.
Senator DeGrow moved that the order of Messages from the House be postponed temporarily.
The motion prevailed.
The President, Lieutenant Governor Binsfeld, assumed the Chair.
Senator DeGrow moved that rule 3.902 be suspended to allow the guest of Senator Hoffman admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Miller entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
The following bill was read a third time:
Senate Bill No. 637, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 375.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 411 Yeas--32
Bennett | DeBeaussaert | Koivisto | Schwarz |
Berryman | DeGrow | McManus | Shugars |
Bouchard | Dingell | Miller | Smith, A. |
Bullard | Emmons | North | Smith, V. |
Byrum | Geake | O'Brien | Stille |
Cherry | Gougeon | Peters | Van Regenmorter |
Cisky | Hart | Posthumus | Vaughn |
Conroy | Hoffman | Schuette | Young |
Nays--0
Excused--6
Carl Gast Stallings Steil
Dunaskiss Rogers
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
General Orders
Senator DeGrow moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Binsfeld, designated Senator Emmons as Chairperson.
After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Binsfeld, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4700, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending the title and sections 1 and 2 (MCL 28.291 and 28.292), section 2 as amended by 1996 PA 204, and by adding sections 1a, 5a, 6, 7, 8, 9, and 10.
House Bill No. 4701, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208, 221, 232, and 903 (MCL 257.208, 257.221, 257.232, and 257.903), section 208 as amended by 1996 PA 471 and section 903 as amended by 1992 PA 309, and by adding sections 40b, 208a, 208b, 208c, and 208d.
House Bill No. 4840, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:
House Bill No. 4827, entitled
A bill to amend 1933 PA 99, entitled "An act to authorize incorporated villages, townships, and cities to enter into contracts and agreements for the purchase of lands, property, or equipment for public purposes; to validate such contracts or agreements heretofore entered into; to provide for the payment of the purchase price thereof; and to prescribe the use of such lands, equipment, and property," by amending the title and sections 1 and 3 (MCL 123.721 and 123.723) and by adding section 1a.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 3, line 27, after "SERVICE" by inserting "OR THE TERM OF THE CONTRACT, WHICHEVER IS SHORTER".
2. Amend page 4, following line 9, by striking out all of enacting section 1.
The Senate agreed to the amendments recommended by the Committee of the Whole and the bill as amended was placed on the order of Third Reading of Bills.
During the Committee of the Whole, Senators Steil, Rogers and Dunaskiss entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator DeGrow moved that consideration of the following bill be postponed for today:
Senate Bill No. 225
The motion prevailed.
Senator DeGrow moved that consideration of the following bill be postponed temporarily:
Senate Bill No. 345
The motion prevailed.
Senate Bill No. 284, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 30.
The House of Representatives 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 question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title of the bill.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 570, entitled
A bill to create the compulsive gaming prevention fund; to impose duties on certain licensed entities; to prescribe the duties of certain state officials; and to impose penalties.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 572, entitled
A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 20 (MCL 431.320) and by adding section 9a.
The House of Representatives 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 question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title of the bill.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 574, entitled
A bill to regulate persons having certain gaming interests; to require registration of persons having certain gaming interests and their agents; to require the filing of reports; to prescribe the powers and duties of the department of state; and to prescribe penalties.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 592, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 159g and 411j (MCL 750.159g and 750.411j), section 159g as added by 1995 PA 187 and section 411j as amended by 1996 PA 80.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.
Senator DeGrow moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title of the bill.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 569, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15 (MCL 432.202, 432.203, 432.204, 432.205, 432.206, 432.208, 432.209, 432.210, 432.211, 432.212, 432.213, 432.214, and 432.215) and by adding sections 4a, 4b, 4c, 4d, 6a, 6b, 7a, 7b, 7c, 8a, 8b, 8c, 9a, 9b, 9c, 9d, 12a, 13a, 17, 18, 19, 20, 21, 22, 23, 24, and 25; and to repeal acts and parts of acts.
The House of Representatives has amended the bill as follows:
1. Amend page 3, line 4, after "BOARD" by inserting a comma and "THE STATE POLICE, OR ATTORNEY GENERAL".
2. Amend page 3, line 10, after "SECTIONS" by striking out "5, 6, AND 7A" and inserting "4A(1)(A), 5(1), 5(2), 5(3), 5(4), 6(3), 6(4), 6(5), 6(9), 7A(4), 7A(5), AND 7A(11)".
3. Amend page 3, line 13, after "APPLICANT." by inserting "AS USED IN THIS SUBDIVISION, AFFILIATE AND AFFILIATED COMPANY DO NOT INCLUDE A PARTNERSHIP, A JOINT VENTURE RELATIONSHIP, A CO-SHAREHOLDER OF A CORPORATION, A CO-MEMBER OF A LIMITED LIABILITY COMPANY, OR A CO-PARTNER IN A LIMITED LIABILITY PARTNERSHIP THAT HAS LESS THAN 1% DIRECT INTEREST IN THE APPLICANT AND IS NOT INVOLVED IN THE CASINO OR CASINO ENTERPRISE APPLICATION AS DEFINED IN RULES PROMULGATED BY THE BOARD.".
4. Amend page 9, following line 15, by inserting:
"(Z) "INSTITUTIONAL INVESTOR" MEANS ANY RETIREMENT FUND ADMINISTERED BY A PUBLIC AGENCY FOR THE EXCLUSIVE BENEFIT OF FEDERAL, STATE, OR LOCAL PUBLIC EMPLOYEES, AN EMPLOYEE BENEFIT PLAN, OR PENSION FUND THAT IS SUBJECT TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED, AN INVESTMENT COMPANY REGISTERED UNDER THE INVESTMENT COMPANY ACT OF 1940, TITLE I OF CHAPTER 686, 54 STAT. 789, 15 U.S.C. 80a-1 TO 80a-3 AND 80a-4 TO 80a-64, A COLLECTIVE INVESTMENT TRUST ORGANIZED BY A BANK UNDER PART 9 OF THE RULES OF THE COMPTROLLER OF THE CURRENCY, A CLOSED END INVESTMENT TRUST, A CHARTERED OR LICENSED LIFE INSURANCE COMPANY OR PROPERTY AND CASUALTY INSURANCE COMPANY, A CHARTERED OR LICENSED FINANCIAL INSTITUTION, AN INVESTMENT ADVISOR REGISTERED UNDER THE INVESTMENT ADVISERS ACT OF 1940, TITLE II OF CHAPTER 686, 54 STAT. 847, 15 U.S.C. 80b-1 TO 80b-21, OR ANY OTHER PERSON AS THE BOARD MAY DETERMINE FOR REASONS CONSISTENT WITH THIS ACT." and relettering the remaining subdivisions.
5. Amend page 26, line 22, after "THE" by striking out "REMEDIES" and inserting "AUTHORITY".
6. Amend page 52, line 16, after "city." by inserting "A LICENSE SHALL NOT BE ISSUED FOR A CASINO TO BE LOCATED ON LAND HELD IN TRUST BY THE UNITED STATES FOR A FEDERALLY RECOGNIZED INDIAN TRIBE.".
7. Amend page 53, line 26, after "OFFICE" by striking out the balance of the line through "GOVERNMENT." on page 54, line 1 and inserting "OF A GOVERNMENTAL UNIT OF THIS STATE, ANOTHER STATE, OR THE FEDERAL GOVERNMENT, OR IS A MEMBER OF OR EMPLOYED BY A GAMING REGULATORY BODY OF A GOVERNMENTAL UNIT IN THIS STATE, ANOTHER STATE, OR THE FEDERAL GOVERNMENT, OR IS EMPLOYED BY A GOVERNMENTAL UNIT OF THIS STATE.".
8. Amend page 58, following line 11, by inserting:
"SEC. 6C. (1) UNLESS THE BOARD DETERMINES THAT AN INSTITUTIONAL INVESTOR MAY BE FOUND UNQUALIFIED, AN INSTITUTIONAL INVESTOR HOLDING EITHER UNDER 10% OF THE EQUITY SECURITIES OR DEBT SECURITIES OF A CASINO LICENSEE'S AFFILIATE OR AFFILIATED COMPANY WHICH IS RELATED IN ANY WAY TO THE FINANCING OF THE CASINO LICENSEE, IF THE SECURITIES REPRESENT A PERCENTAGE OF THE OUTSTANDING DEBT OF THE AFFILIATE OR AFFILIATED COMPANY NOT EXCEEDING 20%, OR A PERCENTAGE OF ANY ISSUE OF THE OUTSTANDING DEBT OF THE AFFILIATE OR AFFILIATED COMPANY NOT EXCEEDING 50%, SHALL BE GRANTED A WAIVER OF THE ELIGIBILITY AND SUITABILITY REQUIREMENTS OF SECTION 6 IF SUCH SECURITIES ARE THOSE OF A PUBLICLY TRADED CORPORATION AND ITS HOLDINGS OF SUCH SECURITIES WERE PURCHASED FOR INVESTMENT PURPOSES ONLY AND, IF REQUESTED BY THE BOARD, FILES WITH THE BOARD A CERTIFIED STATEMENT THAT IT HAS NO INTENTION OF INFLUENCING OR AFFECTING THE AFFAIRS OF THE ISSUER, THE CASINO LICENSEE, OR ITS AFFILIATE OR AFFILIATED COMPANY.
(2) THE BOARD MAY GRANT A WAIVER UNDER THIS SECTION TO AN INSTITUTIONAL INVESTOR HOLDING A HIGHER PERCENTAGE OF SECURITIES AS ALLOWED IN SUBSECTION (1), UPON A SHOWING OF GOOD CAUSE AND IF THE CONDITIONS SPECIFIED IN SUBSECTION (1) ARE MET.
(3) AN INSTITUTIONAL INVESTOR GRANTED A WAIVER UNDER THIS SECTION THAT SUBSEQUENTLY INTENDS TO INFLUENCE OR AFFECT THE AFFAIRS OF THE ISSUER SHALL PROVIDE NOTICE TO THE BOARD AND FILE AN APPLICATION FOR A DETERMINATION OF ELIGIBILITY AND SUITABILITY BEFORE TAKING ANY ACTION THAT MAY INFLUENCE OR AFFECT THE AFFAIRS OF THE ISSUER.
(4) NOTWITHSTANDING ANY PROVISIONS OF THIS ACT, AN INSTITUTIONAL INVESTOR MAY VOTE ON ALL MATTERS THAT ARE PUT TO THE VOTE OF THE OUTSTANDING SECURITY HOLDERS OF THE ISSUER.
(5) IF AN INSTITUTIONAL INVESTOR CHANGES ITS INVESTMENT INTENT OR IF THE BOARD FINDS THAT THE INSTITUTIONAL INVESTOR MAY BE FOUND UNQUALIFIED, NO ACTION OTHER THAN DIVESTITURE OF THE SECURITY HOLDINGS SHALL BE TAKEN UNTIL THERE HAS BEEN COMPLIANCE WITH THIS ACT.
(6) THE CASINO LICENSEE OR AN AFFILIATE OR AFFILIATED COMPANY OF THE CASINO LICENSEE SHALL IMMEDIATELY NOTIFY THE BOARD OF ANY INFORMATION CONCERNING AN INSTITUTIONAL INVESTOR HOLDING ITS EQUITY OR DEBT SECURITIES WHICH MAY IMPACT THE ELIGIBILITY AND SUITABILITY OF THE INSTITUTIONAL INVESTOR FOR A WAIVER UNDER THIS SECTION.
(7) IF THE BOARD FINDS THAT AN INSTITUTIONAL INVESTOR HOLDING ANY SECURITY OF AN AFFILIATE OR AFFILIATED COMPANY OF A CASINO LICENSEE THAT IS RELATED IN ANY WAY TO THE FINANCING OF THE CASINO LICENSEE FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION, OR IF AT ANY TIME THE BOARD FINDS THAT, BY REASON OF THE EXTENT OR NATURE OF ITS HOLDINGS, AN INSTITUTIONAL INVESTOR IS IN A POSITION TO EXERCISE A SUBSTANTIAL IMPACT UPON THE CONTROLLING INTERESTS OF A CASINO LICENSEE, THE BOARD MAY TAKE ANY NECESSARY ACTION TO PROTECT THE PUBLIC INTEREST, INCLUDING REQUIRING THIS INSTITUTIONAL INVESTOR TO SATISFY THE ELIGIBILITY AND SUITABILITY REQUIREMENTS UNDER SECTION 6.".
9. Amend page 59, line 16, after "OFFICE" by striking out the balance of the line through "GOVERNMENT." on line 18 and inserting "OF A GOVERNMENTAL UNIT OF THIS STATE, ANOTHER STATE, OR THE FEDERAL GOVERNMENT, OR IS A MEMBER OF OR EMPLOYED BY A GAMING REGULATORY BODY OF A GOVERNMENTAL UNIT IN THIS STATE, ANOTHER STATE, OR THE FEDERAL GOVERNMENT, OR IS EMPLOYED BY A GOVERNMENTAL UNIT OF THIS STATE.".
10. Amend page 59, line 21, by striking out all of subdivision (F) and relettering the remaining subdivisions.
11. Amend page 65, line 10, after "THIS" by inserting "AMENDATORY".
12. Amend page 74, following line 3, by inserting:
"(17) NOTHING IN THIS ACT SHALL PRECLUDE EMPLOYEES FROM EXERCISING THEIR LEGAL RIGHTS TO ORGANIZE THEMSELVES INTO COLLECTIVE BARGAINING UNITS.".
13. Amend page 82, following line 17, by inserting:
"(12) UNLESS APPROVED BY THE CITY, A CASINO SHALL NOT BE LOCATED WITHIN 1,000 FEET OF ANY OF THE FOLLOWING:
(A) A CHURCH OR OTHER PLACE OF WORSHIP.
(B) A SCHOOL, COLLEGE, OR UNIVERSITY.
(C) A FINANCIAL INSTITUTION OR A BRANCH OF A FINANCIAL INSTITUTION.
(D) A PAWNSHOP.
(13) AS USED IN SUBSECTION (12), "FINANCIAL INSTITUTION" MEANS A STATE OR NATIONALLY CHARTERED BANK, A STATE OR FEDERALLY CHARTERED SAVINGS AND LOAN ASSOCIATION, A STATE OR FEDERALLY CHARTERED SAVINGS BANK, A STATE OR FEDERALLY CHARTERED CREDIT UNION, OR ANY ENTITY THAT PROVIDES CHECK-CASING SERVICES.
(14) A CASINO LICENSEE SHALL NOT EMPLOY AN INDIVIDUAL AS A MANAGERIAL EMPLOYEE WHO HAS BEEN CONVICTED OF A FELONY IN THE PREVIOUS 5 YEARS TO WORK IN A CASINO.".
14. Amend page 86, following line 6, by inserting:
"(viii) ROAD REPAIRS AND IMPROVEMENTS.".
15. Amend page 88, line 1, after the first "THE" by inserting "TOTAL".
16. Amend page 88, line 4, after "TOTAL" by inserting "ANNUAL".
17. Amend page 88, line 5, after the first "THE" by inserting "ANNUAL".
18. Amend page 88, line 14, after "TOTAL" by inserting "ANNUAL".
19. Amend page 88, line 15, after "TOTAL" by inserting "ANNUAL".
20. Amend page 108, following line 22, by inserting:
"SEC. 26. FOR PURPOSES OF SECTIONS 5, 6, AND 7A, THE OWNERSHIP AND DISCLOSURE THRESHOLD AS TO ANY COMPANY WHOSE STOCK IS WIDELY HELD, PUBLICLY TRADED, AND REGULATED BY THE SECURITIES AND EXCHANGE COMMISSION SHALL BE BENEFICIAL OWNERSHIP OF MORE THAN A 5% INTEREST IN THE COMPANY, PROVIDED, HOWEVER, THE BOARD SHALL HAVE THE AUTHORITY, BY RULE OR ORDER, TO ESTABLISH A REPORTING THRESHOLD BELOW 5% IF THE COMPANY KNEW OR SHOULD HAVE KNOWN THE IDENTITY OF THE PERSON HOLDING THE INTEREST BELOW 5%.".
The House of Representatives has passed the bill as amended by a 3/4 vote, ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend the Initiated Law of 1996, entitled "An act providing for the licensing and control of casino gaming operations, manufacturers and distributors of gaming devices and gaming employees; providing for the distribution of revenue for public education, public safety and economic development; authorizing limited casino operations within the State of Michigan; and vesting authority for the regulation of casino gaming in a gaming control board," by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15 (MCL 432.202, 432.203, 432.204, 432.205, 432.206, 432.208, 432.209, 432.210, 432.211, 432.212, 432.213, 432.214, and 432.215) and by adding sections 4a, 4b, 4c, 4d, 6a, 6b, 6c, 7a, 7b, 7c, 8a, 8b, 8c, 9a, 9b, 9c, 9d, 12a, 13a, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26; and to repeal acts and parts of acts.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, 3/4 of the members serving voting therefor, as follows:
Roll Call No. 412 Yeas--33
Bennett | DeGrow | McManus | Shugars |
Berryman | Dingell | Miller | Smith, A. |
Bouchard | Dunaskiss | North | Smith, V. |
Bullard | Emmons | O'Brien | Steil |
Byrum | Geake | Peters | Stille |
Cherry | Gougeon | Posthumus | Van Regenmorter |
Cisky | Hart | Rogers | Vaughn |
Conroy | Koivisto | Schwarz | Young |
DeBeaussaert
Nays--2
Hoffman Schuette
Excused--3
Carl Gast Stallings
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 571, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending sections 16, 41, and 43 (MCL 432.16, 432.41, and 432.43), section 16 as added and sections 41 and 43 as amended by 1996 PA 167.
The House of Representatives has amended the bill as follows:
1. Amend page 3, line 24, after "(4)" by striking out the balance of the line through "10%" on line 25 and inserting "TEN PERCENT".
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 413 Yeas--33
Bennett | DeGrow | McManus | Shugars |
Berryman | Dingell | Miller | Smith, A. |
Bouchard | Dunaskiss | North | Smith, V. |
Bullard | Emmons | O'Brien | Steil |
Byrum | Geake | Peters | Stille |
Cherry | Gougeon | Posthumus | Van Regenmorter |
Cisky | Hart | Rogers | Vaughn |
Conroy | Koivisto | Schuette | Young |
DeBeaussaert
Nays--1
Hoffman
Excused--3
Carl Gast Stallings
Not Voting--1
Schwarz
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title of the bill.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Bouchard asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bouchard's statement is as follows:
I would be remiss, I think, if I didn't congratulate the membership for their hard work on this, specifically the committee members. Senator Rogers, Senator Schuette, Senator Smith, and Senator Koivisto put in a lot of time, a lot of heart and a lot of soul. Initially when this all started a lot of nay-sayers out there felt there would be no way we could reach a bipartisan solution that would achieve a 75 percent vote. In fact, the joke goes, we can't get 75 percent of the people to agree on the color in the bathroom let alone something this important and substantive. I think we've proved them wrong. I just wanted to acknowledge the membership for all of their hard work, their willingness to stretch, their willingness to come up with creative solutions. Senator Posthumus and Senator Cherry, in their leadership roles to help this process move forward, I think have done a tremendous service to this whole process and quite frankly to the institution by proving that we can come together on very important, very difficult issues and reach a very strong solution. For that I thank both sides of the aisle and all the membership.
Senator Gast entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Conference Reports
Senator McManus submitted the following:
FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 164, entitled
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
Recommends:
First: That the House recede from the Substitute of the House as passed by the House.
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate and to the following amendments:
1. Amend page 1, line 1, by striking out all of section 101 and inserting:
"Sec. 101. There is appropriated for the department of agriculture for the fiscal year ending September 30, 1998, from the following funds:
DEPARTMENT OF AGRICULTURE
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 6.0
Full-time equated classified positions 600.5
GROSS APPROPRIATION $ 71,509,900
Interdepartmental grant revenues:
IDG from MDCIS (LCC) - liquor quality testing fees 152,500
IDG from MDCIS (LCC) - nonretail liquor license fees 424,100
IDG from environmental quality 180,000
Total interdepartmental grants and intradepartmental transfers 756,600
ADJUSTED GROSS APPROPRIATION $ 70,753,300
Federal revenues:
DAG-AMS, cooperative agreement 1,154,300
DAG-APHIS, plant and animal disease and pest control 55,300
DAG-ERS-ARED 126,100
DAG, federal/state marketing improvement program 100,000
DAG-FS, multiple grants 2,111,200
EPA-OECA, Pesticides enforcement program grants 974,000
EPA-OW, Water pollution control, lake restoration cooperative agreements 236,300
EPA-RCRA 148,200
HHS-FDA 208,500
Total federal revenues 5,113,900
Special revenue funds:
Total local revenues 0
Private - casino gambling agreement 250,000
Private - oil company overcharge settlement 712,000
Total private revenues 962,000
Total local and private revenues 962,000
Civil penalties 25,700
Commodity inspection fees 949,700
Food handler licensing fees 1,105,400
Gasoline inspection and testing fund 1,984,200
Groundwater and freshwater protection fund 4,504,800
Industry support funds 125,800
Licensing and inspection fees 2,678,800
Agriculture equine industry development fund 18,706,500
Pseudorabies and swine brucellosis fund 87,400
Testing fees 169,500
Upper Peninsula state fair revenue 928,900
Weights and measures regulation fees 231,500
Total other state restricted revenues 31,498,200
State general fund/general purpose $ 33,179,200
EXECUTIVE
Full-time equated unclassified positions 6.0
Full-time equated classified positions 12.0
Commission and boards $ 48,500
Unclassified positions 455,500
Executive direction--7.0 FTE positions 1,191,000
Statistical reporting service--5.0 FTE positions 415,900
Future farmers of America 40,000
GROSS APPROPRIATION $ 2,150,900
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund 500,000
Industry support funds 25,800
State general fund/general purpose $ 1,625,100
ADMINISTRATIVE SERVICES
Full-time equated classified positions 72.5
Communications and emergency management--8.5 FTE positions $ 717,700
Management services--64.0 FTE positions 6,313,900
Property management charges 639,500
Rent 285,700
Grant to department of consumer and industry services 78,800
Building and track improvement - county and state fairs 850,000
Premiums - county and state fairs 1,611,200
Purses and supplements - fairs/licensed tracks 2,653,700
Standardbred Fedele Fauri futurity 88,000
Standardbred Michigan futurity 88,000
GROSS APPROPRIATION $ 13,326,500
Appropriated from:
Special revenue funds:
Agriculture equine industry development fund 6,903,200
Gasoline inspection and testing fund 51,400
Licensing and inspection fees 62,200
State general fund/general purpose $ 6,309,700
PESTICIDE AND PLANT PEST MANAGEMENT
Full-time equated classified positions 148.3
Groundwater and freshwater protection program--10.0 FTE positions $ 4,504,800
Pesticide and plant pest management--138.3 FTE positions 12,511,400
Michigan State University 210,000
GROSS APPROPRIATION $ 17,226,200
Appropriated from:
Federal revenues:
DAG-AMS, cooperative agreement 35,300
DAG-APHIS, plant and animal disease and pest control 34,600
DAG-FS, multiple grants 2,011,200
EPA-OECA, pesticides enforcement program grants 974,000
EPA-OW, water pollution control, lake restoration cooperative agreements 236,300
EPA-RCRA 148,200
HHS-FDA 15,400
Special revenue funds:
Agriculture equine industry development fund 175,900
Commodity inspection fees 949,700
Groundwater and freshwater protection fund 4,504,800
Licensing and inspection fees 2,048,900
State general fund/general purpose $ 6,091,900
ANIMAL INDUSTRY
Full-time equated classified positions 28.0
Animal health and welfare--28.0 FTE positions | $ | 2,490,400 |
GROSS APPROPRIATION | $ | 2,490,400 |
Appropriated from:
Federal revenues:
HHS-FDA 9,500
Special revenue funds:
Agriculture equine industry development fund 225,000
Licensing and inspection fees 32,300
Pseudorabies and swine brucellosis fund 87,400
State general fund/general purpose $ 2,136,200
DAIRY
Full-time equated classified positions 39.0
Dairy--39.0 FTE positions | $ | 3,017,300 |
GROSS APPROPRIATION | $ | 3,017,300 |
Appropriated from:
Federal revenues:
DAG-AMS, cooperative agreement 22,500
Special revenue funds:
Licensing and inspection fees 88,500
State general fund/general purpose $ 2,906,300
FOOD AND PRODUCT ASSURANCE
Full-time equated classified positions 120.5
Food and product assurance--100.0 FTE positions $ 7,687,400
Motor fuels quality program--20.5 FTE positions 1,401,800
GROSS APPROPRIATION $ 9,089,200
Appropriated from:
Interdepartmental grant revenues:
IDG from environmental quality 180,000
Federal revenues:
HHS-FDA 183,600
Special revenue funds:
Private - oil company overcharge settlement 296,900
Agriculture equine industry development fund 500,000
Civil penalties 25,700
Food handler licensing fees 1,105,400
Gasoline inspection and testing fund 1,185,100
Licensing and inspection fees 446,900
Weights and measures regulation fees 231,500
State general fund/general purpose $ 4,934,100
LABORATORY SUPPORT
Full-time equated classified positions 90.5
Laboratory support services--79.5 FTE positions $ 5,839,000
United States department of agriculture data collection program--11.0FTE positions 1,096,500
GROSS APPROPRIATION $ 6,935,500
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCIS (LCC) - liquor quality testing fees 152,500
Federal revenues:
DAG-AMS, cooperative agreement 1,096,500
DAG-APHIS, plant and animal disease and pest control 20,700
Special revenue funds:
Agriculture equine industry development fund 581,100
Gasoline inspection and testing fund 747,700
Testing fees 169,500
State general fund/general purpose $ 4,167,500
FARMLAND SERVICES
Full-time equated classified positions 32.0
Farmland services--32.0 FTE positions $ 2,345,300
Energy conservation program/local soil conservation districts 363,100
Forest stewardship program 100,000
Local soil conservation districts/clean water incentive program 1,400,000
Migrant labor housing 300,000
GROSS APPROPRIATION $ 4,508,400
Appropriated from:
Federal revenues:
DAG-FS, multiple grants 100,000
Special revenue funds:
Private - oil company overcharge settlement 415,100
State general fund/general purpose $ 3,993,300
MARKET DEVELOPMENT
Full-time equated classified positions 15.0
Marketing and market development--7.0 FTE positions $ 1,252,800
Upper Peninsula state fair--8.0 FTE positions 1,103,700
Food bank 725,000
Grown in Michigan 100,000
Michigan festivals 50,000
Northwest Michigan horticultural research station 41,800
Southwestern Michigan tourist council - taste of Michigan | | 60,400 |
GROSS APPROPRIATION | $ | 3,333,700 |
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCIS (LCC) - nonretail liquor license fees 424,100
Federal revenues:
DAG-ERS-ARED 126,100
DAG, federal/state marketing improvement program 100,000
Special revenue funds:
Industry support funds 100,000
Upper Peninsula state fair revenue 928,900
State general fund/general purpose $ 1,654,600
AGRICULTURE EQUINE INDUSTRY DEVELOPMENT
Full-time equated classified positions 42.7
Office of racing commissioner--42.7 FTE positions $ 3,910,200
Quarterhorse programs 43,300
Licensed tracks - light horse racing 84,000
Standardbred breeders' awards 1,350,000
Standardbred purses and supplement - licensed tracks 292,100
Sire stakes program 2,200,000
Standardbred training and stabling 47,800
Thoroughbred program 1,973,400
Thoroughbred owners' awards 170,500
GROSS APPROPRIATION $ 10,071,300
Appropriated from:
Special revenue funds:
Private - casino gambling agreement 250,000
Agriculture equine industry development fund 9,821,300
State general fund/general purpose $ 0
EARLY RETIREMENT
Early retirement | $ | (639,500) |
GROSS APPROPRIATION | $ | (639,500) |
Appropriated from:
State general fund/general purpose $ (639,500)".
2. Amend page 10, line 13, after "at" by striking out "$66,795,700.00" and inserting "$64,677,400.00".
3. Amend page 12, line 20, by striking out all of section 206 and inserting:
"Sec. 206. The negative appropriation in section 101 for early retirement compensation savings represents savings from the state's 1997 early retirement program. Not later than October 15, 1997, the department and the state budget director shall request legislative transfers under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, to apply the retirement costs and salary and fringe benefits savings to the appropriated line items affected by the early retirement of state employees.".
4. Amend page 13, following line 16, by inserting:
"(a) "DAG" means the United States department of agriculture." and relettering the remaining subdivisions.
5. Amend page 15, line 7, after "September 30," by striking out "1997" and inserting "1998".
6. Amend page 16, following line 25, following section 216, by inserting:
"Sec. 217. (1) If sufficient funds are not available in the agriculture equine industry development fund to finance all appropriations that are to be financed from that fund in the amounts contained in this act, reductions in the following line items shall occur to address the shortfall of revenues in the agriculture equine industry development fund. The department shall consult with the office of the racing commissioner to determine the priority when effecting any reductions. The identified line items shall not be reduced below the stated levels:
Line Item | Appropriated Amount | Minimum Level |
Executive direction | | 1,191,000 | | 691,000 |
Management services | | 6,313,900 | | 5,563,900 |
Food and product assurance | | 7,687,400 | | 7,187,400 |
Standardbred Michigan futurity | | 88,000 | | 77,000 |
Standardbred Fedele Fauri futurity | | 88,000 | | 77,000 |
Standardbred breeders' awards | | 1,350,000 | | 1,163,000 |
Standardbred purses and supplements - licensed tracks | | 292,100 | | 282,700 |
Sire stakes program | | 2,200,000 | | 1,574,400 |
Standardbred training and stabling | | 47,800 | | 46,300 |
Thoroughbred owners' awards | | 170,500 | | 0 |
(2) The legislature will not fund non-fair or non-horse-racing grants or projects from revenues from simulcasting in fiscal year 1998-99.".
7. Amend page 19, line 2, by striking out all of sections 401 and 402 and inserting:
"Sec. 401. From the amounts appropriated in section 101 for management services, $783,500.00 shall be used for the purpose of upgrading technology for the emergency management program and implementing the hazard analysis critical control point (HACCP) management system. These funds are designated as work project appropriations and any unexpended balance is carried forward into the succeeding fiscal year. The purpose of the project is to incorporate the hazard analysis critical control point (HACCP) process in food-related programs and to upgrade technology for the emergency management program (telecommunications, data bases, and computer hardware). The project will be accomplished with substantial services and equipment procured from the private sector and the tentative completion date is September 30, 2000.".
8. Amend page 21, line 17, by striking out "1996-1997" and inserting "1997-1998".
9. Amend page 22, following line 2, by inserting:
"FOOD AND PRODUCT ASSURANCE
Sec. 551. If House Bill Nos. 4820 and 4821 of the 89th Legislature are enacted into law, there is appropriated from the oil and gas regulatory fund created in section 61525b of the natural resources and environmental protection act, 1994 PA 451, MCL 324.61525b, an amount not to exceed $180,000.00 to purchase meter calibration equipment to be used by the department's laboratory division for the purpose of monitoring oil and gas well meters on state-owned land.".
10. Amend page 25, following line 6, by inserting:
"Sec. 704. It is the intent of the legislature in appropriating funds for the Upper Peninsula state fair that the Upper Peninsula state fair shall continue to strive toward self-sufficiency.".
11. Amend page 26, following line 10, by inserting:
"Sec. 805. From the funds appropriated in section 101 for thoroughbred owners' awards, the department shall develop a program to provide for thoroughbred owners' awards that will be given to owners of Michigan-bred horses finishing first in nonrestricted races at licensed pari-mutuel tracks in Michigan.".
Third: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
George A. McManus, Jr.
Harry Gast
Don W. Koivisto
Conferees for the Senate
Michael A. Prusi
Clark A. Harder
Mark Jansen
Conferees for the House
Pending the order that, under joint rule 9, the conference report be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed.
The question being on the adoption of the conference report,
The first conference report was adopted, a majority of the members serving voting therefor, as follows:
Roll Call No. 414 Yeas--36
Bennett | DeGrow | Koivisto | Schwarz |
Berryman | Dingell | McManus | Shugars |
Bouchard | Dunaskiss | Miller | Smith, A. |
Bullard | Emmons | North | Smith, V. |
Byrum | Gast | O'Brien | Steil |
Cherry | Geake | Peters | Stille |
Cisky | Gougeon | Posthumus | Van Regenmorter |
Conroy | Hart | Rogers | Vaughn |
DeBeaussaert | Hoffman | Schuette | Young |
Nays--0
Excused--2
Carl Stallings
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Senator Stallings entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 345, entitled
A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 105 and 109 (MCL 560.105 and 560.109), section 105 as amended and section 109 as added by 1996 PA 591, and by adding sections 109a and 109b.
Substitute (H-5).
The question being on concurring in the substitute made to the bill by the House,
Senator Stille offered the following amendments to the substitute:
1. Amend page 7, line 16, after "(1)" by striking out "A DIVISION OF A PARCEL OR TRACT OF GREATER THAN 20 ACRES OR AN EXEMPT SPLIT OF A PARCEL OR TRACT" and inserting "AN EXEMPT SPLIT OR OTHER PARTITIONING OR SPLITTING OF A PARCEL OR TRACT THAT ONLY RESULTS IN PARCELS OF 20 ACRES OR MORE IN SIZE".
2. Amend page 7, line 20, after "TRACT" by striking out "WAS CREATED BY AN EXEMPT SPLIT OR DIVISION" and inserting "RESULTED FROM AN EXEMPT SPLIT OR OTHER PARTITIONING OR SPLITTING".
3. Amend page 7, line 23, after "SPLIT" by striking out "OR DIVISION" and inserting "OR OTHER PARTITIONING OR SPLITTING".
The amendments to the substitute were adopted.
The question being on concurring in the House substitute, as amended,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 415 Yeas--30
Bennett | Emmons | North | Shugars |
Bouchard | Geake | O'Brien | Smith, A. |
Byrum | Gougeon | Peters | Stallings |
Cherry | Hart | Posthumus | Steil |
Cisky | Hoffman | Rogers | Stille |
Conroy | Koivisto | Schuette | Vaughn |
DeBeaussaert | McManus | Schwarz | Young |
Dunaskiss Miller
Nays--6
Berryman DeGrow Gast Van Regenmorter
Bullard Dingell
Excused--1
Carl
Not Voting--1
Smith, V.
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Senator Berryman moved that Senator V. Smith be temporarily excused from the balance of today's session.
The motion prevailed.
The Secretary announced that the Majority Leader has made the appointment of the following conference committee:
Senate Bill No. 114 - Senators Bouchard, Cisky and Dingell.
The conference committee appointment was approved, a majority of the members serving voting therefor.
Senator DeGrow moved that rule 2.106 be suspended to allow conference committees to meet during recess.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator DeGrow moved that the Senate recess until 5:00 p.m.
The motion prevailed, the time being 11:03 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Binsfeld.
During the recess, Senators V. Smith and Carl entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator DeGrow moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on their immediate passage:
Senate Bill No. 319
Senate Bill No. 534
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator DeGrow moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:
House Bill No. 4700
House Bill No. 4701
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 4700, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending the title and sections 1 and 2 (MCL 28.291 and 28.292), section 2 as amended by 1996 PA 204, and by adding sections 1a, 5a, 6, 7, 8, 9, and 10.
The question being on the passage of the bill,
Senator Stille offered the following amendment:
1. Amend page 13, line 2, after "HERSELF" by striking out the balance of the subdivision and inserting a comma and "OR REQUESTING IN WRITING THAT THE SECRETARY OF STATE PROVIDE INFORMATION PERTAINING TO HIMSELF OR HERSELF TO THE INDIVIDUAL'S DESIGNEE. A REQUEST FOR DISCLOSURE TO A DESIGNEE, HOWEVER, MAY BE SUBMITTED ONLY BY THE INDIVIDUAL.".
The amendment was adopted, a majority of the members serving voting therefor.
Senator Bouchard offered the following substitute:
Substitute (S-1).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Stille moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
The following bill was read a third time:
House Bill No. 4701, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208, 221, 232, and 903 (MCL 257.208, 257.221, 257.232, and 257.903), section 208 as amended by 1996 PA 471 and section 903 as amended by 1992 PA 309, and by adding sections 40b, 208a, 208b, 208c, and 208d.
The question being on the passage of the bill,
Senator DeBeaussaert offered the following substitute:
Substitute (S-1).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 416 Yeas--34
Bennett | DeGrow | McManus | Shugars |
Berryman | Dingell | Miller | Smith, A. |
Bouchard | Dunaskiss | North | Smith, V. |
Bullard | Emmons | O'Brien | Stallings |
Byrum | Gast | Peters | Stille |
Carl | Gougeon | Posthumus | Van Regenmorter |
Cherry | Hart | Rogers | Vaughn |
Cisky | Hoffman | Schwarz | Young |
DeBeaussaert Koivisto
Nays--0
Excused--0
Not Voting--4
Conroy Geake Schuette Steil
In The Chair: President
Senator DeGrow moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senator DeBeaussaert offered to amend the title to read as follows:
A bill 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 208 (MCL 257.208), as amended by 1996 PA 471, and by adding sections 40b, 208a, 208b, and 208c.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
Senator DeGrow moved that Senators Geake, Steil and Schuette be temporarily excused from the balance of today's session.
The motion prevailed.
Senator V. Smith moved that Senator Conroy be temporarily excused from the balance of today's session.
The motion prevailed.
By unanimous consent the Senate returned to consideration of the following bill:
House Bill No. 4700, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending the title and sections 1 and 2 (MCL 28.291 and 28.292), section 2 as amended by 1996 PA 204, and by adding sections 1a, 5a, 6, 7, 8, 9, and 10.
(This bill was read a third time earlier today, substitute adopted and consideration postponed. See p. 1055.)
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 417 Yeas--32
Bennett | DeBeaussaert | Hoffman | Rogers |
Berryman | DeGrow | Koivisto | Schwarz |
Bouchard | Dingell | McManus | Shugars |
Bullard | Dunaskiss | Miller | Smith, A. |
Byrum | Emmons | North | Stille |
Carl | Gast | O'Brien | Van Regenmorter |
Cherry | Gougeon | Peters | Vaughn |
Cisky | Hart | Posthumus | Young |
Nays--0
Excused--4
Conroy Geake Schuette Steil
Not Voting--2
Smith, V. Stallings
In The Chair: President
Senator DeGrow moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
Senators Steil, Schuette and Conroy entered the Senate Chamber.
Senator Conroy stated that had he been present when the votes were taken on the passage of the following bills, he would have voted "yea":
House Bill No. 4700
House Bill No. 4701
The following bill was read a third time:
Senate Bill No. 319, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208, 221, 232, 307, and 903 (MCL 257.208, 257.221, 257.232, 257.307, and 257.903), section 208 as amended by 1994 PA 449, section 307 as amended by 1996 PA 205, and section 903 as amended by 1992 PA 309, and by adding section 208a.
The question being on the passage of the bill,
Senator DeBeaussaert offered the following substitute:
Substitute (S-1).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 418 Yeas--37
Bennett | DeGrow | McManus | Shugars |
Berryman | Dingell | Miller | Smith, A. |
Bouchard | Dunaskiss | North | Smith, V. |
Bullard | Emmons | O'Brien | Stallings |
Byrum | Gast | Peters | Steil |
Carl | Gougeon | Posthumus | Stille |
Cherry | Hart | Rogers | Van Regenmorter |
Cisky | Hoffman | Schuette | Vaughn |
Conroy | Koivisto | Schwarz | Young |
DeBeaussaert
Nays--0
Excused--1
Geake
Not Voting--0
In The Chair: President
Senator DeBeaussaert offered to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 221, 232, and 903 (MCL 257.221, 257.232, and 257.903), section 903 as amended by 1992 PA 309, and by adding section 208d.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
Senator DeBeaussaert moved that he be named co-sponsor of the following bill:
Senate Bill No. 319
The motion prevailed.
Senator O'Brien moved that his name be removed as sponsor of the following bill:
Senate Bill No. 319
The motion prevailed.
Senator V. Smith moved that Senator DeBeaussaert be named as the prime sponsor of the following bill:
Senate Bill No. 319
The motion prevailed.
Senator Geake entered the Senate Chamber.
The following bill was read a third time:
Senate Bill No. 534, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80104, 80129, 80130, 80301, 80310, 80315, 81101, 81113, 81114, 81120, 82101, 82113, and 82156 (MCL 324.80104, 324.80129, 324.80130, 324.80301, 324.80310, 324.80315, 324.81101, 324.81113, 324.81114, 324.81120, 324.82101, 324.82113, and 324.82156), as added by 1995 PA 58, and by adding sections 80130a, 80130b, 80130c, 80130d, 80315a, 80315b, 80315c, 80319a, 81114a, 81114b, 81114c, 82156a, 82156b, 82156c, and 82160.
The question being on the passage of the bill,
Senator Bouchard offered the following substitute:
Substitute (S-1).
The question being on the adoption of the substitute,
Senator Bouchard offered the following amendments to the substitute:
1. Amend page 5, line 17, by striking out the balance of the line through "STATE." on line 22.
2. Amend page 14, line 20, after "PART." by striking out the balance of the line through "STATE." on line 23.
3. Amend page 28, line 9, after "PART." by striking out the balance of the line through "STATE." on line 12.
4. Amend page 41, line 17, after "PART." by striking out the balance of the line through "STATE." on line 20.
The amendments were adopted, a majority of the members voting therefor.
The substitute, as amended, was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 419 Yeas--38
Bennett | DeGrow | McManus | Shugars |
Berryman | Dingell | Miller | Smith, A. |
Bouchard | Dunaskiss | North | Smith, V. |
Bullard | Emmons | O'Brien | Stallings |
Byrum | Gast | Peters | Steil |
Carl | Geake | Posthumus | Stille |
Cherry | Gougeon | Rogers | Van Regenmorter |
Cisky | Hart | Schuette | Vaughn |
Conroy | Hoffman | Schwarz | Young |
DeBeaussaert Koivisto
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 114, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 1996 PA 10 and section 2950a as amended by 1994 PA 404.
The House of Representatives has appointed Reps. Wallace, Baird and Nye as conferees to join with Senators Bouchard, Cisky and Dingell.
The bill was referred to the Conference Committee.
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 House of Representatives has appointed Rep. Frank to replace Rep. Parks as conferee.
Senate Bill No. 413, entitled
A bill to amend 1981 PA 125, entitled "An act to define and regulate secondary mortgage loans; to prescribe powers and duties of the financial institutions bureau and certain state agencies; to provide for the establishment of a financial institutions bureau operations fund; to provide for the promulgation of rules; and to provide for civil fines and penalties," by amending the title and sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 29, and 30 (MCL 493.51, 493.52, 493.53, 493.54, 493.55, 493.56, 493.58, 493.59, 493.60, 493.61, 493.62, 493.63, 493.64, 493.65, 493.67, 493.68, 493.70, 493.71, 493.72, 493.73, 493.74, 493.75, 493.76, 493.77, 493.79, and 493.80), the title and sections 1, 21, 22, and 27 as amended by 1995 PA 164, section 2 as amended by 1988 PA 164, sections 4, 8, 14, and 26 as amended by 1992 PA 77, and section 30 as amended by 1984 PA 124, and by adding sections 3a, 6a, 6b, and 12a; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 345, entitled
A bill to amend 1967 PA 288, entitled "An act to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained prior to the recording and filing of plats and other land divisions; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; and to repeal acts and parts of acts," by amending sections 105, 109, 264, and 267 (MCL 560.105, 560.109, 560.264, and 560.267), section 105 as amended and section 109 as added by 1996 PA 591, and by adding sections 109a and 109b.
The House of Representatives has concurred in the Senate amendments to the House substitute (H-5).
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 121, entitled
A bill to amend 1968 PA 173, entitled "An act naming certain state buildings," by amending section 1 (MCL 19.131), as amended by 1982 PA 229.
The House of Representatives has amended the bill as follows:
1. Amend page 1, line 1, after "Sec. 1." by inserting "(1)".
2. Amend page 1, following line 5, by inserting:
"(2) THE PORTION OF THE MICHIGAN LIBRARY AND HISTORICAL CENTER COMPLEX THAT HOUSES THE LIBRARY OF MICHIGAN SHALL BE DESIGNATED AND KNOWN AS THE WILLIAM FAUST MEMORIAL LIBRARY OF MICHIGAN.".
The House of Representatives has passed the bill as amended and ordered that it be given immediate effect.
Pursuant to rule 3.202, the bill was laid over one day.
Senator Dunaskiss asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Dunaskiss' statement is as follows:
My comments will be on the passage of Senate Bill No. 637. It was voted on early this morning while I was meeting with the Governor and I would note that I would have voted for the bill.
Additionally, as the author of the telecommunications law, I wish to note that it is my understanding that legislation intent was to do nothing less and nothing more than make Michigan schools eligible to apply for the Federal Universal Service Funds.
By unanimous consent the Senate returned to the order of
Conference Reports
Senator Cisky submitted the following:
FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 172, entitled
A bill to make appropriations for the department of military affairs for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
Recommends:
First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:
1. Amend page 1, line 1, by striking out all of section 101 and inserting:
"Sec. 101. There is appropriated for the department of military and veterans affairs, for the fiscal year ending September 30, 1998, from the funds identified as follows:
DEPARTMENT OF MILITARY AFFAIRS
Full-time equated unclassified positions 7.0
Full-time equated classified positions 1,068.0
GROSS APPROPRIATION | $ | 84,867,700 |
Total interdepartmental grants and intradepartmental transfers | $ | 0 |
ADJUSTED GROSS APPROPRIATION | $ | 84,867,700 |
Federal revenues:
Total federal revenues 29,151,800
Special revenue funds:
Total local revenues 0
Total private revenues 375,000
Total other state restricted revenues 19,473,500
State general fund/general purpose $ 35,867,400
HEADQUARTERS AND ARMORIES
Full-time equated unclassified positions 7.0
Full-time equated classified positions 108.0
Headquarters and armories--108.0 FTE positions $ 7,687,900
Unclassified military personnel 545,400
Military appeals tribunal 900
Michigan emergency volunteers 5,000
State active duty 60,000
GROSS APPROPRIATION $ 8,299,200
Appropriated from:
Federal revenues:
DOD-DOA-NGB 1,403,600
Special revenue funds:
Armory rentals 350,000
Mackinac Bridge Authority 40,000
State general fund/general purpose $ 6,505,600
MILITARY TRAINING SITES AND SUPPORT FACILITIES
Full-time equated classified positions 242.0
Military training sites and support facilities--242.0 FTE positions $ 11,478,400
Military training sites and support facilities test projects 100,000
GROSS APPROPRIATION $ 11,578,400
Appropriated from:
Federal revenues:
DOD-DOA-NGB 10,099,700
Special revenue funds:
Test project fees 100,000
State general fund/general purpose $ 1,378,700
DEPARTMENTWIDE APPROPRIATIONS
Departmentwide accounts $ 6,338,700
Special maintenance-state 436,200
Special maintenance-federal 2,302,000
Equipment safety training 59,800
Military contingency fund 100
Military retirement 2,112,000
Counter narcotic operations 50,000
Starbase grant 250,000
GROSS APPROPRIATION $ 11,548,800
Appropriated from:
Federal revenues:
DOD-DOA-NGB 6,470,700
DOJ-DEA 50,000
Special revenue funds:
State general fund/general purpose $ 5,028,100
VETERANS SERVICE ORGANIZATIONS
American legion $ 710,400
Disabled American veterans 645,000
Marine corps veterans 296,300
American veterans of World War II and Korea 409,300
Veterans of foreign wars 780,300
Michigan paralyzed veterans of America 145,900
Purple heart 139,100
Veterans of World War I 100
Polish legion of American veterans 36,400
Jewish veterans of America 36,400
State of Michigan council Vietnam veterans of Michigan 96,100
Catholic war veterans 11,600
GROSS APPROPRIATION $ 3,306,900
Appropriated from:
State general fund/general purpose $ 3,306,900
GRAND RAPIDS VETERANS' HOME
Full-time equated classified positions 548.0
Grand Rapids veterans' home--548.0 FTE positions $ 34,112,500
Board of managers 300,000
GROSS APPROPRIATION $ 34,412,500
Appropriated from:
Federal revenues:
DVA-VHA 7,963,000
HHS-HCFA, medicare, hospital insurance 300,000
Special revenue funds:
Private-veterans' home post and posthumous funds 300,000
Income and assessments 10,800,000
State general fund/general purpose $ 15,049,500
D.J. JACOBETTI VETERANS' HOME
D.J. Jacobetti veterans' home--154.0 FTE positions $ 11,133,500
Board of managers 75,000
GROSS APPROPRIATION $ 11,208,500
Appropriated from:
Federal revenues:
DVA-VHA 2,634,600
HHS-HCFA, medicare, hospital insurance 230,200
Special revenue funds:
Private-veterans' home post and posthumous funds 75,000
Income and assessments 3,492,100
State general fund/general purpose $ 4,776,600
MICHIGAN VETERANS' TRUST FUND
Full-time equated classified positions 16.0
Veterans' affairs directorate administration---3.0 FTE positions $ 254,000
Administration---13.0 FTE positions 944,900
Veterans' trust fund grants 3,746,500
GROSS APPROPRIATION $ 4,945,400
Appropriated from:
Special revenue funds:
Michigan veterans' trust fund 4,691,400
State general fund/general purpose $ 254,000
EARLY RETIREMENT SAVINGS
Early retirement savings | $ | (432,000) |
GROSS APPROPRIATION | $ | (432,000) |
Appropriated from:
Federal revenues:
Special revenue funds:
State general fund/general purpose $ (432,000)".
2. Amend page 7, line 4, after "at" by striking out "$54,642,300.00" and inserting "$55,340,900.00".
3. Amend page 7, following line 22, by inserting:
"Sec. 203. (1) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $1,900,000.00 for federal contingency funds. The funds appropriated under this subsection 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 section 101, there is appropriated an amount not to exceed $1,000,000.00 for state restricted contingency funds. The funds appropriated under this subsection 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 section 101, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. The funds appropriated under this subsection 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 section 101, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. The funds appropriated under this subsection 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. Amend page 10, line 16, by striking out all of section 211 and inserting:
"Sec. 211. The negative appropriation in section 101 for early retirement compensation savings represents savings from the state's 1997 early retirement program. Not later than October 15, 1997, the department and the state budget director shall request legislative transfers under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, to apply the retirement costs and salary and fringe benefits savings to the appropriated line items affected by the early retirement of state employees.".
5. Amend page 11, line 1, by striking out all of section 212.
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
Jon A. Cisky
Philip E. Hoffman
Jackie Vaughn III
Conferees for the Senate
Mary Schroer
Michael A. Prusi
Conferees for the House
Pending the order that, under joint rule 9, the conference report be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed.
The question being on the adoption of the conference report,
The first conference report was adopted, a majority of the members serving voting therefor, as follows:
Roll Call No. 420 Yeas--37
Bennett | DeGrow | Koivisto | Shugars |
Berryman | Dingell | McManus | Smith, A. |
Bouchard | Dunaskiss | Miller | Smith, V. |
Bullard | Emmons | North | Stallings |
Byrum | Gast | O'Brien | Steil |
Carl | Geake | Peters | Stille |
Cherry | Gougeon | Posthumus | Van Regenmorter |
Cisky | Hart | Rogers | Vaughn |
Conroy | Hoffman | Schwarz | Young |
DeBeaussaert
Nays--0
Excused--0
Not Voting--1
Schuette
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Senator Cisky submitted the following:
FIRST CONFERENCE REPORT
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 173, entitled
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
Recommends:
First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:
1. Amend page 1, line 1, by striking out all of section 101 and inserting:
"Sec. 101. There is appropriated for the department of state police, for the fiscal year ending September 30, 1998, from the funds identified as follows:
DEPARTMENT OF STATE POLICE
Full-time equated unclassified positions 4.0
Full-time equated classified positions 3,447.0
GROSS APPROPRIATION $ 342,031,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 13,480,500
ADJUSTED GROSS APPROPRIATION $ 328,550,500
Federal revenues:
Total federal revenues 30,076,700
Special revenue funds:
Total local revenues 3,668,600
Total private revenues 0
Total state restricted revenues 40,635,300
State general fund/general purpose $ 254,169,900
EXECUTIVE DIRECTION
Full-time equated unclassified positions 4.0
Full-time equated classified positions 52.0
Unclassified positions $ 298,900
Executive direction--45.0 FTE positions 3,289,800
Auto theft prevention program--7.0 FTE positions 6,494,400
GROSS APPROPRIATION $ 10,083,100
Appropriated from:
Special revenue funds:
Auto theft prevention fees 6,494,400
State general fund/general purpose $ 3,588,700
DEPARTMENTWIDE APPROPRIATIONS
Special maintenance $ 84,900
Rent 2,988,800
Worker's compensation 2,172,300
Fleet leasing 12,652,700
In-service training 850,000
Building occupancy charges-property management services 2,722,500
Narcotics investigation funds 265,000
GROSS APPROPRIATION $ 21,736,200
Appropriated from:
Intradepartmental transfer revenues:
IDT-Michigan justice training fund 850,000
Federal revenues:
Federal narcotics investigation revenues 95,000
Special revenue funds:
Narcotics investigation revenues 170,000
State general fund/general purpose $ 20,621,200
SUPPORT SERVICES
Full-time equated classified positions 138.5
Personnel division--26.5 FTE positions $ 1,737,400
Management services--67.0 FTE positions 3,911,400
Training administration--45.0 FTE positions 4,244,500
Headquarters utilities 360,000
GROSS APPROPRIATION $ 10,253,300
Appropriated from:
Interdepartmental grant revenues:
IDG-training academy charges 2,286,800
Special revenue funds:
Local-LEIN fees 31,900
Auto theft prevention fees 21,000
Reimbursements 10,000
Precision driving track fees 208,500
Narcotics investigation revenues 40,600
Motor carrier fees 76,300
State general fund/general purpose $ 7,578,200
HIGHWAY SAFETY PLANNING
Full-time equated classified positions 33.5
State program planning and administration--16.0 FTE positions $ 1,142,600
Grants to local governments and nonprofit organizations 4,000,000
Secondary road patrol administration--1.0 FTE position 78,100
Secondary road patrol and traffic accident basic grants 3,059,700
Secondary road patrol and traffic accident enhanced grants 5,701,300
Truck safety program--2.0 FTE positions 2,967,400
Field coordination and analysis--8.0 FTE positions 1,300,200
Traffic safety data--3.5 FTE positions 171,500
Fatal accident reporting system--2.0 FTE positions 131,200
Highway traffic safety--1.0 FTE position 2,913,800
GROSS APPROPRIATION $ 21,465,800
Appropriated from:
Interdepartmental grant revenues:
IDG-department of transportation 544,300
Federal revenues:
DOT-NHTSA, federal highway administration 8,943,500
Special revenue funds:
Truck driver safety fund 2,967,400
Secondary road patrol and training fund 5,701,300
State general fund/general purpose $ 3,309,300
CENTRAL RECORDS
Full-time equated classified positions 71.0
Central records division--70.0 FTE positions $ 4,462,300
Criminal records improvement--1.0 FTE position 2,713,900
GROSS APPROPRIATION $ 7,176,200
Appropriated from:
Federal revenues:
DOJ-BJS, national criminal history improvement program (NCHIP) 2,613,900
DOJ-BJA, drug control and system improvements, formula grants 100,000
Special revenue funds:
Central records service fees 1,678,500
State general fund/general purpose $ 2,783,800
CRIMINAL JUSTICE DATA CENTER
Full-time equated classified positions 93.0
State police-management information systems--26.5 FTE positions $ 1,637,700
Traffic accident records--17.0 FTE positions 1,194,800
Local LEIN services--28.5 FTE positions 5,602,600
Automated fingerprint identification system--21.0 FTE positions 2,763,400
Computer services 655,600
GROSS APPROPRIATION $ 11,854,100
Appropriated from:
Interdepartmental grant revenues:
IDG-department of state 315,300
IDG-department of transportation 315,300
Federal revenues:
DOT-NHTSA, federal highway administration 300,000
Special revenue funds:
Local-LEIN fees 2,031,600
Local-AFIS fees 33,000
State general fund/general purpose $ 8,858,900
FORENSIC SCIENCES
Full-time equated classified positions 184.0
Laboratory operations--173.0 FTE positions $ 13,025,500
DNA analysis program--11.0 FTE positions 1,583,200
Grant to city of Detroit 894,300
GROSS APPROPRIATION $ 15,503,000
Appropriated from:
Federal revenues:
DOJ-BJA, drug control and system improvement, formula grants 580,200
DOD-CVSA research grant 40,000
Special revenue funds:
Forensic science reimbursement fees 15,000
State forensic laboratory fund 455,000
State general fund/general purpose $ 14,412,800
LAW ENFORCEMENT OFFICERS TRAINING COUNCIL
Full-time equated classified positions 22.5
Standards and training--15.5 FTE positions $ 1,277,000
Community policing coordination--3.0 FTE positions 150,000
Training only to local units 619,400
Officer's survivor tuition program 178,000
Michigan justice training commission--4.0 FTE positions 9,010,000
GROSS APPROPRIATION $ 11,234,400
Appropriated from:
Federal revenues:
DOJ-OJP 360,000
Special revenue funds:
Secondary road patrol and training fund 619,400
Michigan justice training fund 9,010,000
State general fund/general purpose $ 1,245,000
FIRE MARSHAL
Full-time equated classified positions 52.0
Fire marshal programs--45.0 FTE positions $ 3,673,100
Fire investigation training to locals 51,500
Fire fighters training council--7.0 FTE positions 963,300
GROSS APPROPRIATION $ 4,687,900
Appropriated from:
Federal revenues:
FEMA-PTED, hazardous material assistance program 50,000
DOT-RSPA, interagency hazardous materials public training 50,000
Special revenue funds:
State general fund/general purpose $ 4,587,900
EMERGENCY MANAGEMENT
Full-time equated classified positions 48.0
Emergency management planning and administration--18.5 FTE positions $ 1,684,100
Grants to local government 2,482,100
FEMA program assistance--13.5 FTE positions 1,998,600
Nuclear power plant emergency planning--6.0 FTE positions 1,073,300
Hazardous materials transportation--1.0 FTE position 609,400
Hazardous materials programs--9.0 FTE positions 1,299,000
GROSS APPROPRIATION $ 9,146,500
Appropriated from:
Federal revenues:
FEMA-PTED, hazardous material assistance program 4,911,300
DOT-RSPA, interagency hazardous materials public sector training and planning grants 609,400
EPA-OSWER, superfund innovative technology evaluation program 451,000
Special revenue funds:
Nuclear plant emergency planning reimbursement 1,073,300
Hazardous materials training center fees 1,021,900
State general fund/general purpose $ 1,079,600
UNIFORM SERVICES
Full-time equated classified positions 2,010.5
Uniform services--620.0 FTE positions $ 46,556,500
Security guards--44.0 FTE positions 1,857,700
Reimbursed services 500,000
At-post troopers--1,346.5 FTE positions 101,182,900
GROSS APPROPRIATION $ 150,097,100
Appropriated from:
Interdepartmental grant revenues:
IDG-department of management and budget, building occupancy charges 1,004,300
IDG-department of corrections 94,700
IDG-department of transportation 66,500
Federal revenues:
DOL, job training partnership act 250,000
DOJ-OJP 200,000
Special revenue funds:
Highway safety fund 6,000,000
State police service fees 500,000
State general fund/general purpose $ 141,981,600
SPECIAL OPERATIONS
Full-time equated classified positions 142.5
Operational support--30.0 FTE positions $ 2,259,600
Traffic safety--14.5 FTE positions 3,489,800
Aviation program--8.0 FTE positions 1,226,100
Communications--85.0 FTE positions 10,703,300
Project DARE--5.0 FTE positions 675,400
GROSS APPROPRIATION $ 18,354,200
Appropriated from:
Interdepartmental grant revenues:
IDG-department of corrections, contract 61,500
Federal revenues:
DOT-NHTSA, federal highway administration 1,957,200
Special revenue funds:
Local-DARE funds 183,600
Rental of department aircraft 201,300
Drunk driving prevention and training fund 798,900
State general fund/general purpose $ 15,151,700
CRIMINAL INVESTIGATIONS
Full-time equated classified positions 390.5
Criminal investigations--309.5 FTE positions $ 28,124,000
Federal anti-drug initiatives--72.0 FTE positions 7,252,800
Reimbursed services, materials, and equipment 1,696,700
Auto theft prevention--9.0 FTE positions 1,057,600
GROSS APPROPRIATION $ 38,131,100
Appropriated from:
Interdepartmental grant and intradepartmental transfer revenues:
IDT-auto theft funds 810,100
IDG-department of community health, tobacco tax 609,100
Federal revenues:
Federal investigations-reimbursed services 308,200
DOJ-BJA, drug control and system improvement, formula grants 4,894,600
Federal narcotics investigation revenues 375,200
Special revenue funds:
Local-reimbursed services 1,388,500
Narcotics investigation revenues 505,300
Forfeiture funds 276,600
Licensing fees 190,400
State general fund/general purpose $ 28,773,100
MOTOR CARRIER ENFORCEMENT
Full-time equated classified positions 209.0
Motor carrier enforcement--125.0 FTE positions $ 7,571,100
Grants to local/nonprofit organizations 500,000
Truck safety enforcement team operations--15.0 FTE positions 913,300
Safety inspections--46.5 FTE positions 2,921,400
School bus inspections--16.0 FTE positions 1,400,000
Safety projects--6.5 FTE positions 204,200
GROSS APPROPRIATION $ 13,510,000
Appropriated from:
Interdepartmental grant and intradepartmental transfer revenues:
IDT, truck safety fund 974,900
IDG-department of transportation 5,547,700
Federal revenues:
DOT-NHTSA, federal highway administration 2,987,200
Special revenue funds:
Motor carrier fees 2,600,200
State general fund/general purpose $ 1,400,000
EARLY RETIREMENT SAVINGS
Early retirement savings | $ | (1,201,900) |
GROSS APPROPRIATION | $ | (1,201,900) |
Appropriated from:
Special revenue funds:
State general fund/general purpose $ (1,201,900)".
2. Amend page 13, line 2, after "Sec. 201." by striking out all of subsection (1) and inserting "(1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 1997-98 is estimated at $294,805,200.00 in this act from state sources and state spending paid to local units of government for fiscal year 1997-98 is estimated at $16,306,900.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF STATE POLICE
OFFICE OF HIGHWAY SAFETY PLANNING
Secondary road patrol and traffic accident basic grants | $ | 3,059,700 |
Secondary road patrol and traffic accident enhanced grants | | 5,701,300 |
FORENSIC SCIENCES
Grant to city of Detroit $ 894,300
LAW ENFORCEMENT OFFICERS TRAINING COUNCIL
Training only to local units $ 619,400
Michigan justice training commission 5,624,700
FIRE MARSHAL
Fire fighters training council $ 356,000
Fire investigation training for locals 51,500
Total $ 16,306,900".
3. Amend page 14, following line 6, by inserting:
"Sec. 203. (1) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $3,500,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $3,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $200,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.".
4. Amend page 15, following line 18, by inserting:
"(aa) "MDOT" means the Michigan department of transportation." and relettering the remaining subdivision.
5. Amend page 18, line 11, by striking out all of section 214 and inserting:
"Sec. 214. The negative appropriation in section 101 for early retirement compensation savings represents savings from the state's 1997 early retirement program. Not later than October 15, 1997, the department and the state budget director shall request legislative transfers under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, to apply the retirement costs and salary and fringe benefits savings to the appropriated line items affected by the early retirement of state employees.".
6. Amend page 20, line 10, by striking out all of section 217.
7. Amend page 23, line 9, after the first "federal" by inserting "or state".
8. Amend page 23, line 9, after the second "federal" by inserting "or state".
9. Amend page 23, following line 12, by striking out all of sections 219, 220, and 221 and inserting:
"Sec. 219. Any law enforcement entity receiving GF/GP funds from this act shall not evaluate an employee or consider an employee for promotion or assignment on the basis of motor vehicle citations issued.".
10. Amend page 28, line 8, after "fees." by striking out the balance of the subsection.
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
Jon A. Cisky
Philip E. Hoffman
Jackie Vaughn III
Conferees for the Senate
Mary Schroer
A. T. Frank
Jim McBryde
Conferees for the House
Pending the order that, under joint rule 9, the conference report be laid over one day,
Senator DeGrow moved that the rule be suspended.
The motion prevailed.
The question being on the adoption of the conference report,
The first conference report was adopted, a majority of the members serving voting therefor, as follows:
Roll Call No. 421 Yeas--38
Bennett | DeGrow | McManus | Shugars |
Berryman | Dingell | Miller | Smith, A. |
Bouchard | Dunaskiss | North | Smith, V. |
Bullard | Emmons | O'Brien | Stallings |
Byrum | Gast | Peters | Steil |
Carl | Geake | Posthumus | Stille |
Cherry | Gougeon | Rogers | Van Regenmorter |
Cisky | Hart | Schuette | Vaughn |
Conroy | Hoffman | Schwarz | Young |
DeBeaussaert Koivisto
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Bouchard introduced
Senate Bill No. 642, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5502 (MCL 324.5502), as amended by 1995 PA 227.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senator Dingell introduced
Senate Bill No. 643, 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 2 (MCL 207.552), as amended by 1986 PA 66.
The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.
Senator Dingell introduced
Senate Bill No. 644, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208 (MCL 257.208), as amended by 1994 PA 449.
The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.
Senators Stallings, McManus, V. Smith, Hart, Peters, Byrum, Koivisto, Berryman, A. Smith, DeBeaussaert, Conroy, Young, Schwarz, North, Gougeon and Cherry introduced
Senate Bill No. 645, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80142 (MCL 324.80142), as amended by 1996 PA 174.
The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.
Senators Hart, Young, Dingell, Berryman, DeBeaussaert and O'Brien introduced
Senate Bill No. 646, entitled
A bill to amend 1990 PA 271, entitled "Limousine transportation act," by amending sections 11, 21, and 31 (MCL 257.1911, 257.1921, and 257.1931).
The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.
Senator Steil introduced
Senate Bill No. 647, entitled
A bill to create the Michigan public school employees pension finance authority and to prescribe its powers and duties; to create certain funds; to create a board and to prescribe its powers and duties; to provide for the issuance of and terms and conditions of bonds and notes of the authority; to provide for the use of the proceeds of the bonds and notes and their repayment; to prescribe powers and duties of certain state officers, departments, and agencies; and to make an appropriation.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Steil introduced
Senate Bill No. 648, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 4, 5, 30, 34, 36, 41, 41a, 42, and 91 (MCL 38.1304, 38.1305, 38.1330, 38.1334, 38.1336, 38.1341, 38.1341a, 38.1342, and 38.1391), sections 4, 34, 41a, and 91 as amended by 1996 PA 488, sections 5 and 30 as amended by 1994 PA 272, section 36 as added by 1989 PA 194, section 41 as amended by 1996 PA 278, and section 42 as amended by 1996 PA 268, and by adding section 1a.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Van Regenmorter, Steil, Rogers, Koivisto, Dingell, Byrum, Bullard and Bennett introduced
Senate Bill No. 649, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10a.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Geake, Shugars, Stille, Steil, Bullard, Rogers, Carl and North introduced
Senate Bill No. 650, entitled
A bill to require certain labor organizations to obtain an individual's written authorization on a specified form before using certain dues or fees paid by the individual for political, social, charitable, or other activities that are not related to collective bargaining, contract administration, or grievance processing; to impose certain duties on certain departments; and to provide for penalties and remedies.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Geake, Shugars, Stille, Steil, Bullard, Rogers, Carl and North introduced
Senate Bill No. 651, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 55 (MCL 169.255), as amended by 1995 PA 264.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Bouchard and Miller introduced
Senate Bill No. 652, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2080 and 4424 (MCL 500.2080 and 500.4424), section 2080 as amended by 1986 PA 318 and section 4424 as amended by 1982 PA 27, and by adding section 4419.
The bill was read a first and second time by title and referred to the Committee on Financial Services.
Senators Peters, Berryman, A. Smith, Cherry, Byrum, Vaughn and Young introduced
Senate Bill No. 653, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2844, 5658, 5660, 7401, 16221, 16226, 17033, 17533, 17766, and 20165 (MCL 333.2844, 333.5658, 333.5660, 333.7401, 333.16221, 333.16226, 333.17033, 333.17533, 333.17766, and 333.20165), sections 5658 and 5660 as added and sections 16221 and 16226 as amended by 1996 PA 594, section 7401 as amended by 1996 PA 249, sections 17033 and 17533 as amended by 1994 PA 234, section 17766 as amended by 1990 PA 30, and section 20165 as amended by 1990 PA 179, and by adding part 56b; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4066, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by amending the title, as amended by 1995 PA 289, and by adding part 28a; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No. 4529, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending the title and section 27 (MCL 552.627), the title as amended by 1996 PA 25 and section 27 as amended by 1985 PA 210, and by adding sections 5, 5a, and 5b.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
House Bill No. 4530, entitled
A bill to amend 1846 RS 84, entitled "Of divorce," by amending sections 15, 16, and 17 (MCL 552.15, 552.16, and 552.17), as amended by 1996 PA 9; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
House Bill No. 4531, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 7 (MCL 722.27), as amended by 1996 PA 19; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
House Bill No. 4532, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 7, 10, and 11 (MCL 722.717, 722.720, and 722.721), section 7 as amended by 1996 PA 308, section 10 as amended by 1996 PA 18, and section 11 as amended by 1990 PA 244; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
House Bill No. 4533, entitled
A bill to amend 1968 PA 293, entitled "An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors," by amending section 3 (MCL 722.3), as amended by 1996 PA 17; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
House Bill No. 4534, entitled
A bill to amend 1966 PA 138, entitled "The family support act," by amending section 2 (MCL 552.452), as amended by 1996 PA 5, and by adding section 2b; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
House Bill No. 4898, 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 House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.
House Bill No. 4939, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 21 (MCL 389.21).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No. 4997, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 376.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Technology and Energy.
Scheduled Meetings
Conference Committee on Senate Bill No. 114 - Thursday, July 3, at 9:30 a.m., Room 404, Capitol Building (3-2523).
Conference Committee on House Bill No. 4305 - Thursday, July 3, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-6960).
Conference Committee on House Bill No. 4306 - Thursday, July 3, at 12:00 Noon or after committees have been given leave to meet, whichever is later, Room 351, Capitol Building (3-1707).
Conference Committee on House Bill No. 4309 - Thursday, July 3, at 1:00 p.m., Room 424, Capitol Building (3-1707).
Senator DeGrow moved that the Senate adjourn.
The motion prevailed, the time being 5:57 p.m.
The President, Lieutenant Governor Binsfeld, declared the Senate adjourned until Thursday, July 3, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate.