sj07018t.058a

No. 58

JOURNAL OF THE SENATE

Senate Chamber, Lansing, Wednesday, July 1, 1998.

10:00a.m.

The Senate was called to order by the President, Lieutenant Governor Connie B. Binsfeld.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Bennett--present Gast--present Posthumus--present

Berryman--present Geake--present Rogers--present

Bouchard--present Gougeon--present Schuette--present

Bullard--present Hart--present Schwarz--present

Byrum--present Hoffman--present Shugars--present

Cherry--present Jaye--present A. Smith--present

Cisky--present Koivisto--present V. Smith--present

Conroy--present McManus--present Steil--present

DeBeaussaert--present Miller--present Stille--present

DeGrow--present North--present VanRegenmorter--present

Dingell--present O'Brien--present Vaughn--present

Dunaskiss--present Peters--present Young--present

Emmons--present

Senator Mike Rogers of the 26th District offered the following invocation:

Heavenly Father, as we rise today to espouse our wisdom, we hope that we would remember a little of Yours and remember some of Your Sermon on the Mount.

"Blessed are the poor in spirit, for theirs is the kingdom of heaven.

Blessed are they that mourn, for they shall be comforted.

Blessed are the meek, for they shall inherit the earth.

Blessed are the merciful, for they shall obtain mercy.

Blessed are the pure in heart, for they shall see God.

Blessed are the peacemakers, for they shall be called the children of God."

In Jesus' name. Amen.

Senator Emmons entered the Senate Chamber.

Motions and Communications

Senator VanRegenmorter moved that Senators DeGrow, Gast, Geake and Schwarz be temporarily excused from today's session.

The motion prevailed.

Senator Berryman moved that Senator V. Smith be temporarily excused from today's session.

The motion prevailed.

Senator Berryman stated that had he been present when the votes were taken on June 30 on the passage of the following bills, he would have voted "yea":

House Bill No.4163

House Bill No.4743

Senate Bill No.1209

Senate Bill No.1210

Senate Bill No.1211

Senate Bill No.1212

Senate Bill No.1213

Senate Bill No.1214

Senator VanRegenmorter moved that rule 2.106 be suspended to allow conference committees to meet during Senate session.

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

Recess

Senator VanRegenmorter moved that the Senate recess subject to the call of the President.

The motion prevailed, the time being 10:05a.m.

10:10a.m.

The Senate was called to order by the President, Lieutenant Governor Binsfeld.

Senator Dingell asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Dingell's statement is as follows:

Right next to me here, I have a nice young man who was an intern for me in the summer of 1997. He's Nathan Pilon. He went on to be a Senate Page, and he's been serving us for better than a year. Staffers tell me that in addition to his other skills, he's a great jump shot. He's finished paging July 19. He's also about to graduate from Western Michigan University this August. I'd like to express my thanks to him and my best wishes to him in his future endeavors. I'd like my colleagues to join me in a round of applause.

Recess

Senator VanRegenmorter moved that the Senate recess subject to the call of the President.

The motion prevailed, the time being 10:12a.m.

10:18a.m.

The Senate was called to order by the President pro tempore, Senator Schwarz.

During the recess, Senators Schwarz and Geake entered the Senate Chamber.

Recess

Senator VanRegenmorter moved that the Senate recess subject to the call of the President.

The motion prevailed, the time being 10:19a.m.

11:03a.m.

The Senate was called to order by the President, Lieutenant Governor Binsfeld.

During the recess, Senators Gast, V. Smith and DeGrow entered the Senate Chamber.

By unanimous consent the Senate proceeded 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. 909, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

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 3, by striking out all of sections 101 and 102 and inserting:

"Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of corrections for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF CORRECTIONS

APPROPRIATION SUMMARY:

Average population 44,857

Full-time equated unclassified positions 16.0

Full-time equated classified positions 17,371.9

GROSS APPROPRIATION $ 1,441,935,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 6,599,300

ADJUSTED GROSS APPROPRIATION $ 1,435,335,700

Federal revenues:

Total federal revenues 19,828,800

Special revenue funds:

Total local revenues 401,100

Total private revenues 0

Total other state restricted revenues 46,548,700

State general fund/general purpose $ 1,368,557,100

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 16.0

Full-time equated classified positions 75.0

Unclassified positions--16.0 FTE positions $ 1,253,300

Executive administration--11.0 FTE positions 1,384,200

Audit and internal affairs--19.0 FTE positions 1,280,400

Policy and hearings--45.0 FTE positions 4,032,300

GROSS APPROPRIATION $ 7,950,200

Appropriated from:

State general fund/general purpose $ 7,950,200".

2. Amend page 9, line 23, by striking out all of section 114 and inserting:

"Sec. 114. CORRECTIONAL FACILITIES-ADMINISTRATION

Full-time equated classified positions 127.0

Conveying convicts to penal institutions $ 248,300

Federal school lunch program 565,000

Correctional facilities administration--10.0 FTE positions 773,900

Extradition services 120,000.0

Housing inmates in federal institutions 394,000

Central region office--109.0 FTE positions 12,994,400

Northern region office--2.0 FTE positions 180,500

Southeastern region office--1.0 FTE position 129,800

Southwestern region office--2.0 FTE positions 180,700

Leased Beds 35,807,400

Food service operations 5,000,000

Surplus food program--3.0 FTE positions 312,800

GROSS APPROPRIATION $ 56,706,800

Appropriated from:

Intradepartmental grant revenues:

IDT, surplus food user fees 238,200

IDT, food factory user fees 5,000,000

Federal revenues:

BOP, federal prisoner reimbursement 314,000

DOJ, office of justice programs, VOITIS 5,000,000

DAG-FCS, national school lunch 565,000

State general fund/general purpose $ 45,589,600".

3. Amend page 31, line 27, after "available." by striking out the balance of the section.

4. Amend page 33, following line 13, by inserting:

"Sec. 217. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 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 part 1, there is appropriated an amount not to exceed $500,000.00 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.".

5. Amend page 37, line 4, after "group" by striking out the balance of the line through "providers" on line 5.

6. Amend page 37, following line 10, by inserting:

"(5) Any funds appropriated under section 105 for the MDOC in-prison drug treatment program and the MDOC technical violator pilot drug treatment program that remain unexpended at the end of the fiscal year shall not revert to the general fund but instead shall be placed in separate work project accounts to be spent as provided under this section and sections 220 and 221.".

7. Amend page 38, following line 14, by striking out all of section 224 and inserting:

"Sec. 224. (1) The department shall conduct, at a minimum, 3 human relations and diversity/sensitivity training sessions by December 31, 1998. The department shall also conduct follow-up training for employees who have received such training designed to provide continuity. The human relations and diversity/sensitivity programs should provide a framework for participants to examine ways in which ethnic, cultural, gender, and racial differences may affect how managers, supervisors, and staff work together as a team. The department shall develop a reliable survey instrument to objectively measure the effectiveness of human relations and diversity/sensitivity training.

(2) The equal employment opportunity administrator shall provide regular reports to the director regarding human relations and diversity/sensitivity programs and training and recommend modifications to the programs if appropriate.

Sec. 225. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.

Sec. 226. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 227. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

(4) Each principal executive department and agency shall provide a monthly summary listing of information that identifies any authorizations for personal service contracts that are provided to the department of civil service pursuant to delegated authority granted to each principal executive department and agency related to personal service contracts.".

8. Amend page 42, following line 14, by inserting:

"Sec. 502. A parole board member or a person on a parole board member's direct staff shall not provide legal representation before the parole board or provide legal assistance to a prisoner or parolee until the expiration of 3 years after he or she is no longer a parole board member or on a parole board member's direct staff.".

9. Amend page 54, line 16, after "if" by striking out the balance of the line through "offense" on line 17 and inserting "the conviction was for a crime committed before the effective date of sentencing guidelines provided in the code of criminal procedure, 1927 PA 175, MCL 760.1 et seq.,".

10. Amend page 55, line 2, after "if" by striking out the balance of the line through "offense" on line 3 and inserting "the conviction was for a crime committed on or after the effective date of sentencing guidelines provided in the code of criminal procedure, 1927 PA 175, MCL 760.1 et seq.,".

11. Amend page 59, following line 3, by striking out all of section 903.

12. Amend page 59, following line 24, by inserting:

"(3) It is the intent of the legislature that, in the interest of providing the most efficient and cost-effective delivery of health care, local health care providers will be considered and given the opportunity to competitively bid as vendors under future managed care contracts.".

13. Amend page 61, line 18, after "1107." by inserting "(1)".

14. Amend page 61, following line 23, by inserting:

"(2) The department shall study smoking cessation or healthy living programs for prison employees and report to the senate and house appropriations subcommittees on corrections the feasibility and costs of implementing that programming and the projected outcomes by April 1, 1999.".

15. Amend page 62, following line 12, by striking out all of sections 1113, 1114, and 1115 and inserting:

"Sec. 1116. (1) It is the intent of the legislature that the department spend, on average, $67.00 per day per prisoner incarcerated out-of-state. The average per diem will cover bed leasing, transportation, medical, and other costs arising from sending prisoners to facilities out-of-state.

(2) If average per diem increases above $67.00, or if the department intends to enter into a contract that will increase the per diem above $67.00, the department will notify the senate and house appropriation subcommittees on corrections, the senate and house fiscal agencies, and the state budget director. The notification will include information on the components of cost that caused the average per diem to increase.

(3) By May 15, 1999, the department will report to the senate and house appropriation subcommittees on corrections, the senate and house fiscal agencies, and the state budget director the status of all out-of-state leases including the number of prisoners housed out-of-state, plans for rotating prisoners serving out-of-state, and the actual per prisoner per day cost for all existing contracts.".

Second: That the Senate and House agree to the title of the bill to read as follows:

Jon A. Cisky

Philip E. Hoffman

Jackie Vaughn III

Conferees for the Senate

Lynn Owen

Vera Rison

Terry Geiger

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.616 Yeas--23

Bennett DeGrow Hoffman Smith, A.

Byrum Dingell McManus Steil

Cherry Emmons Miller Stille

Cisky Gast North Vaughn

Conroy Geake Posthumus Young

DeBeaussaert Hart Schwarz

Nays--14

Berryman Gougeon Peters Shugars

Bouchard Jaye Rogers Smith, V.

Bullard Koivisto Schuette VanRegenmorter

Dunaskiss O'Brien

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

Protests

Senators Berryman, Dunaskiss, Peters, Bullard, Bouchard and Jaye, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the conference report to Senate Bill No. 909.

Senator Berryman's statement is as follows:

Madam President, I voted "no" on the Corrections budget only because of the element that is still maintained in that budget, and that's for the literally millions and millions of dollars that are going to be spent building and operating a children's prison.

I think there are many good aspects. I congratulate the chair of the committee. I think they worked very hard on coming up with a good budget, and I congratulate them for that. There are many good things within the budget. I think the bed expansion and getting criminals off the street is the right thing to do and locking up violent offenders.

But I think it is also, Madam President, a disgrace in the state of Michigan where we can spend as much money as the state is spending of taxpayers' dollars to build a children's prison in Lake County, and then on top of building a children's prison patterned after, I think, a failed adult correctional system, we privatized it. I certainly think there are certain things that the private sector can do and should do, and the government can put forward. But when you have offenders, when you have children that are being sentenced, that is the state's responsibility. In this case, these children are our responsibility and to give it to the private sector and say, "Well, we're going to let you take care of them." The private sector did not put them in that facility. The state of Michigan did. I think those children ought to be accountable to the men and women in the Senate and the men and women of the House and the Executive branch and not to an executive of a corporation who has a privatized youth facility.

So, because of those two reasons, the privatization of that prison because, I think, we ought to be held accountable for those children and what happens to those children, and the director of that prison is as accountable and responsible to the elected people of this state. And the other reason is, I think it's a dog-gone shame that we can spend, again, the millions and $60 million just to build this children's prison, and Madam President, I know all the work that you've done to protect children. We cannot hire more than 73 new protective service workers, after one was tragically killed just a month and a half ago. Seventy-three--that's less than one per county. All of those build into the reason for voting "no," and I think the children of this state deserve a better future than a prison patterned after an adult, failed correctional system. That money would be much, much better spent on early intervention programs and prevention programs, getting kids a good head start, a good start in life, not condemning them to a life in a Michigan prison.

Senator Dunaskiss' statement, in which Senators Peters, Bullard and Bouchard concurred, is as follows:

First of all, I would like to commend the conference committee for all their hard work and for coming in on target and on time. I know that was very difficult with this budget.

However, there was one issue in the budget that we tried to address that really wasn't clarified that left me feeling very uncomfortable, and I think a few others. As a bit of a background, I think we all know that the jail reimbursement program is currently structured, is essential to the state's ongoing efforts to reduce state prison commitments. It helps the state accomplish this goal by providing the counties with financial resources to maintain the locally based correction program. However, in this budget, it may not--and I want to stress, may not--adequately anticipate the cost to the local governments. If the sentencing guidelines are passed, under some of the analyses that we've seen, every county that you and I represent may be in jeopardy. Every county receives reimbursement from the state for felons that the county houses in these local jails, and this is something we need to be very watchful as the sentencing guidelines move through.

That was my reason for a "no" vote, and I certainly will be watching the sentencing guideline package as it moves forward and the impact upon each and every one of our counties.

Senator Jaye's statement is as follows:

Madam Governor and Senate colleagues, I applaud the chairman of this Appropriations Committee for several reforms and holding the line on spending increases. I am particularly grateful for the inclusion of my amendment to prohibit parole board members from serving as trial attorney expert witnesses and coaches to be able to help these prisoners. These felons more effectively convince a parole board that they've "seen the light" or they've reformed their ways or that they've got an intimate relationship with Jesus or whatever else it takes to get the parole board members to grant early parole. We've stopped that revolving door with this budget by saying that for three years, a parole board member would not be allowed to sell their services to defense attorneys to help prisoners get out earlier.

However, there were several other amendments and reforms which were not included in this package. There is only one type of state facility that still allows smoking, and that's Michigan's prisons. Every other state facility bans smoking with the exception of Michigan prisons, and this is making a victim of the taxpayers a second time. Not only were they targets for rape and mayhem and death for themselves and their family members, but now the taxpayers have to pay for the health care and the respiratory illness and cancer for these prisoners because prison is still allowed. The Macomb County jail, the Wayne County and Oakland County jails where we house state prisoners do not allow smoking and haven't for the last three years, but Michigan prisons still allow that.

This budget removed the hot bunking study to see if we can't have two different sleeping shifts in our existing prisons. Our military men and women that are on Navy ships that go 24-hours a day for a couple of weeks at a time have to share their bunks. And when the prisoners are asleep, they're locked up; when they're up, their under armed guards. I wanted that language in to see if we could have a hot bunking program to double the prison population without building a new prison. That was removed.

The House of Representatives passed several meritorious amendments which were removed. Number one is to charge prisoners $3 a month for electricity to run their TVs, their VCRs, computers, computer games or radios. Only $3 a month in electricity. That was removed.

The Michigan House of Representatives passed an amendment to require able-bodied prisoners to perform 50 hours a week of physical labor. Busting rocks and creating gravel would have helped them earn their keep. It would have helped us with our Build Michigan road program. That language was removed from this budget.

The Michigan House of Representatives passed an amendment, got through the House, to say that a prisoner who assaults a prison guard would be confined to a solitary cell between 60 and 30 days. That was removed.

There were several other amendments, several policy changes that could have been adopted in this conference report that weren't. So, while we've made progress, there are still areas where we could have had an impact on the tax dollars by making sure that the prisoners don't have special services and privileges that working men and women don't have like health care, and then we compound the problem with smoking. So these are the reasons why, as well as a diversity training requirement, I voted against this conference report.

Senator DeGrow submitted the following:

FIRST CONFERENCE REPORT

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

Senate Bill No. 910, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

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 2, line 5, by striking out "870,451,700" and inserting "869,926,700".

2. Amend page 2, line 15, by striking out "869,078,700" and inserting "868,553,700".

3. Amend page 3, line 3, by striking out "40,400" and inserting "44,700".

4. Amend page 3, line 13, by striking out "13,411,400" and inserting "13,415,700".

5. Amend page 3, line 14, by striking out "44,918,800" and inserting "44,393,800".

6. Amend page 3, line 21, by striking out "2,565,000" and inserting "2,540,000".

7. Amend page 3, line 22, by striking out "3,075,200" and inserting "3,050,200".

8. Amend page 4, line 2, by striking out "2,514,000" and inserting "2,489,000".

9. Amend page 7, line 13, after "academy" by striking out the balance of the line through "service" on line 14 and inserting "lease".

10. Amend page 7, line 20, after "MICHIGAN" by striking out "SCHOOL" and inserting "SCHOOLS".

11. Amend page 7, line 22, by striking out "School for the deaf/blind" and inserting "Michigan schools for the deaf and blind".

12. Amend page 8, line 13, after "CAREER" by inserting a comma.

13. Amend page 8, line 13, after "ADULT" by inserting a comma.

14. Amend page 8, line 15, after "curriculum" by inserting a comma.

15. Amend page 10, line 17, after "subgrant" by inserting "program".

16. Amend page 11, line 10, by striking out all of line 10.

17. Amend page 11, line 20, by striking out "803,826,700" and inserting "803,326,700".

18. Amend page 12, line 7, after "DED-OESE," by striking out "title I,".

19. Amend page 12, line 24, by striking out "HHS-administration of child and family" and inserting "HHS-ACF".

20. Amend page 12, line 26, by striking out all of line 26 through "syndrome" on line 27 and inserting "HHS-CDC, AIDS".

21. Amend page 13, line 1, by striking out "HHS-OHDS" and inserting "HHS-ACF".

22. Amend page 13, line 9, by striking out "19,931,000" and inserting "19,431,000".

23. Amend page 13, line 17, after "at" by striking out "$58,330,200.00" and inserting "$57,809,500.00".

24. Amend page 14, line 19, by striking out all of line 19 through line 24 and inserting:

"(a) "ACF" means administration for children and families.

(b) "CDCP" means center for disease control and prevention.

(d) "DED" means the United States department of education.

(e) "Department" means the Michigan department of education.

(f) "District" means a local school district as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6.

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

(h) "ETA" means employment and training administration.

(i) "FCS" means food and consumer service." and relettering the remaining subdivisions.

25. Amend page 18, following line 6, by inserting:

"Sec. 212. The department shall receive and retain copies of all reports from the appropriations in part 1.".

26. Amend page 18, line 20, by striking out all of sections 216 and 217 and inserting:

"Sec. 216. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate-setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report including all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

(4) Each principal executive department and agency shall provide a monthly summary listing of information that identifies any authorization for personal service contracts that are provided to the department of civil service pursuant to delegated authority granted to each principal executive department and agency related to personal service contracts.

Sec. 217. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.".

27. Amend page 21, following line 12, following section 221, by inserting:

"Sec. 222. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.".

28. Amend page 23, line 4, by striking out all of section 304.

29. Amend page 34, line 8, after "department" by striking out the balance of the subsection and inserting "in consultation with the RPM advisory council as created by Executive Order 1998-4.".

30. Amend page 36, line 13, by striking out all of line 13 through the balance of the bill.

Second: That the Senate and House agree to the title of the bill to read as follows:

Dan L. DeGrow

John J. H. Schwarz, M.D.

Joe Conroy

Conferees for the Senate

Vera Rison

Patricia Godchaux

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.617 Yeas--35

Bennett DeGrow Koivisto Shugars

Berryman Dingell McManus Smith, A.

Bouchard Dunaskiss Miller Smith, V.

Bullard Emmons North Steil

Byrum Gast O'Brien Stille

Cherry Geake Peters VanRegenmorter

Cisky Gougeon Posthumus Vaughn

Conroy Hart Rogers Young

DeBeaussaert Hoffman Schuette

Nays--1

Jaye

Excused--0

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.

Protest

Senator Jaye, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the conference report to Senate Bill No.910.

Senator Jaye's statement is as follows:

Madam Governor and Senate colleagues, I voted against this budget because the conference report included language that would prohibit the privatization of any state services until after a three-year pilot program. For three years we

cannot have a privatization of any of these Department of Education activities. Three years is an unnecessary handcuffing of the Executive branch's authority. It is unreasonable and imprudent to think that bureaucrats always have a better idea and know a better way of being able to proceed with education, and it continues the idea that education is too important to be left to the parents or to businesses or to people in the community. It should only be left by the professional bureaucratic educators.

I also voted against this budget because it includes $100,000 to offset costs associated with the defaulted loan collections related to the King-Chavez-Parks program. We have special state tax dollars that go for minority students only, for minority visiting professors only and for minority scholarships only. I'm opposed to giving preferences to professors or students based on their nationality or ethnicity. We should have a program based on individuals' individual merit--on the super star researchers in those fields--on those people who've got new publications, new findings, those people who have the best teaching skills, who have the highest peer-review standards, who have been able to receive the acclaim from their industry--not based on the color of their skin or their nationality.

Finally, I voted against this budget because now we're hiring a fine arts consultant to the department staff. We already have ten full-time employees in the Department of Consumer and Industry Services who are full-time arts and grants consultants and employees. We already have an arts and grants council. These are the folks who distribute the funds on the various equity packages and other arts programs. It is a duplication of service for us to create a new bureaucrat, a new consultant, and I think part of the irony is is that this person will probably not be allowed to be hired in the future once this privatization language goes in. So we should not be spending the taxpayers' scarce resources on a fine arts consultant on grants to certain ethnicities of groups and also to handcuff the department by banning privatization. These are the reasons I voted against the Department of Education budget.

Senator Schwarz stated that had he been present when the vote was taken earlier today on the adoption of the conference report to the following bill, he would have voted "yea":

Senate Bill No.910

By unanimous consent the Senate returned to the order of

Messages from the House

By unanimous consent the Senate proceeded to consideration of the following bill:

Senate Bill No.606, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 53d.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No.618 Yeas--37

Bennett Dingell Koivisto Schwarz

Berryman Dunaskiss McManus Shugars

Bouchard Emmons Miller Smith, A.

Bullard Gast North Smith, V.

Byrum Geake O'Brien Steil

Cherry Gougeon Peters Stille

Cisky Hart Posthumus VanRegenmorter

Conroy Hoffman Rogers Vaughn

DeBeaussaert Jaye Schuette Young

DeGrow

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.

The Senate agreed to the full title.

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

By unanimous consent the Senate returned to the order of

Conference Reports

Senator Schwarz submitted the following:

FIRST CONFERENCE REPORT

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

Senate Bill No. 911, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 1999; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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 part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. The amounts listed in this part are appropriated for the state institutions of higher education and certain state purposes related to education, subject to the conditions set forth in this act, for the fiscal year ending September30, 1999. The following is a summary of the appropriations in this part:

HIGHER EDUCATION

APPROPRIATION SUMMARY:

Full-time equated classified position 1.0

GROSS APPROPRIATION $ 1,604,100,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 1,604,100,000

Federal revenues:

Total federal revenues 3,600,000

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 1,600,500,000

Sec. 102. CENTRAL MICHIGAN UNIVERSITY

Operations $ 74,118,888

GROSS APPROPRIATION $ 74,118,888

Appropriated from:

State general fund/general purpose $ 74,118,888

Sec. 103. EASTERN MICHIGAN UNIVERSITY

Operations $ 78,301,544

GROSS APPROPRIATION $ 78,301,544

Appropriated from:

State general fund/general purpose $ 78,301,544

Sec. 104. FERRIS STATE UNIVERSITY

Operations $ 49,950,570

GROSS APPROPRIATION $ 49,950,570

Appropriated from:

State general fund/general purpose $ 49,950,570

Sec. 105. GRAND VALLEY STATE UNIVERSITY

Operations $ 49,451,256

GROSS APPROPRIATION $ 49,451,256

Appropriated from:

State general fund/general purpose $ 49,451,256

Sec. 106. LAKE SUPERIOR STATE UNIVERSITY

Operations $ 12,822,671

GROSS APPROPRIATION $ 12,822,671

Appropriated from:

State general fund/general purpose $ 12,822,671

Sec. 107. MICHIGAN STATE UNIVERSITY

Operations $ 286,848,987

GROSS APPROPRIATION $ 286,848,987

Appropriated from:

State general fund/general purpose $ 286,848,987

Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY

Operations $ 49,019,667

GROSS APPROPRIATION $ 49,019,667

Appropriated from:

State general fund/general purpose $ 49,019,667

Sec. 109. NORTHERN MICHIGAN UNIVERSITY

Operations $ 47,247,801

GROSS APPROPRIATION $ 47,247,801

Appropriated from:

State general fund/general purpose $ 47,247,801

Sec. 110. OAKLAND UNIVERSITY

Operations $ 43,458,336

GROSS APPROPRIATION $ 43,458,336

Appropriated from:

State general fund/general purpose $ 43,458,336

Sec. 111. SAGINAW VALLEY STATE UNIVERSITY

Operations $ 23,076,264

GROSS APPROPRIATION $ 23,076,264

Appropriated from:

State general fund/general purpose $ 23,076,264

Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR

Operations $ 323,484,780

GROSS APPROPRIATION $ 323,484,780

Appropriated from:

State general fund/general purpose $ 323,484,780

Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN

Operations $ 23,729,786

GROSS APPROPRIATION $ 23,729,786

Appropriated from:

State general fund/general purpose $ 23,729,786

Sec. 114. UNIVERSITY OF MICHIGAN-FLINT

Operations $ 20,642,696

GROSS APPROPRIATION $ 20,642,696

Appropriated from:

State general fund/general purpose $ 20,642,696

Sec. 115. WAYNE STATE UNIVERSITY

Operations $ 229,675,955

GROSS APPROPRIATION $ 229,675,955

Appropriated from:

State general fund/general purpose $ 229,675,955

Sec. 116. WESTERN MICHIGAN UNIVERSITY

Operations $ 111,003,267

GROSS APPROPRIATION $ 111,003,267

Appropriated from:

State general fund/general purpose $ 111,003,267

Sec. 117. STATE AND REGIONAL PROGRAMS

Full-time equated position 1.0

Agricultural experiment station $ 30,268,300

Cooperative extension service 26,033,458

Michigan molecular institute 70,000

Japan center for Michigan universities 359,351

Higher education database modernization and conversion--1.0 FTE position 165,000

Midwestern higher education compact 58,000

GROSS APPROPRIATION $ 56,954,109

Appropriated from:

State general fund/general purpose $ 56,954,109

Sec. 118. MARTIN LUTHER KING,JR.-CESAR CHAVEZ-ROSA PARKS

PROGRAM

Select student supportive services $ 1,974,782

Michigan college/university partnership program 592,435

Morris Hood, Jr. educator development program 150,000

Visiting professors program 166,424

GROSS APPROPRIATION $ 2,883,641

Appropriated from:

State general fund/general purpose $ 2,883,641

Sec. 119. GRANTS AND FINANCIAL AID

State competitive scholarships $ 32,405,046

Tuition grants 59,121,069

Michigan work-study program 7,300,472

Part-time independent student program 2,643,953

Grant for Michigan resident dental graduates 4,601,400

Grant for general degree graduates 5,287,427

Grant for allied health graduates 851,618

Michigan education opportunity grants 2,076,797

Robert C. Byrd honors scholarship program 1,300,000

Center for advanced technologies 4,092,000

Tuition incentive program 1,750,000

GROSS APPROPRIATION $ 121,429,782

Appropriated from:

Federal revenues:

Higher education act of 1965, title IV, 20 U.S.C. 2,300,000

Higher education act of 1965, title IV, part A 1,300,000

State general fund/general purpose $ 117,829,782".

2. Amend page 7, line 7, after "is" by striking out "$1,609,469,039.00" and inserting "$1,600,500,000.00".

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

"Sec. 208. All funds received under part 1 for the higher education charter school center are intended to be expended on activities of that center.".

4. Amend page 18, line 13, after "is" by striking out "$5,700,387.00" and inserting "$5,775,082.00".

5. Amend page 20, line 17, after "federal" by inserting a comma and "national, regional,".

6. Amend page 20, following line 18, by inserting:

"(4) The committee shall consider inclusion of data items that are currently reported under section 705.".

7. Amend page 20, line 23, after "universities" by striking out the balance of the line through "$4,300.00" on line 24 and inserting "establish a per-student funding floor of $4,296.00, which".

8. Amend page 21, following line 9, by inserting:

"Sec. 417. The legislature shall reduce the appropriations in part 1 for a state institution of higher education by the amount expended by that state institution of higher education to fulfill an outstanding obligation of athletic personnel contracts before the end of the contract term.".

9. Amend page 21, line 14, by striking out all of section 419.

10. Amend page 22, following line 17, by inserting:

"Sec. 422. Funds appropriated in part 1 to a state institution of higher education are subject to this section. If a state institution of higher education serves as an authorizing body for 1 or more public school academies under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, an amount equal to the amount received by the state institution of higher education in the immediately preceding fiscal year as its total fees for considering applications for contracts, issuing contracts, and providing oversight of contracts for public school academies shall not be distributed to the state institution of higher education under this act until the auditor general certifies to the state budget director that the institution has provided to the auditor general all information requested in his or her performance of an audit of those activities.".

11. Amend page 22, line 19, after "students" by inserting "and student governments that provide a book swap for university students".

12. Amend page 23, line 3, by striking out all of sections 501, 502, 503, 504, and 505 and inserting:

"Sec. 501. (1) Included in the appropriation for each public university in part 1 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks future faculty program, that is intended to increase the pool of minority candidates pursuing full-time faculty teaching careers in postsecondary education in this state. Each university shall apply the percentage increase applicable to every university in the calculation of appropriations in part 1 to the amount of funds allocated to the future faculty program.

(2) The program shall be administered by each university in a manner prescribed by the King-Chavez-Parks Initiative unit in the Michigan department of education.

Sec. 502. (1) Included in the appropriation for each public university in part 1 is funding for the Martin Luther King,Jr. - Cesar Chavez - Rosa Parks college day program that is intended to introduce school children underrepresented in postsecondary education to the potential of a college education.

(2) Individual program plans of each university shall include a budget of equal contributions from this program, the participating public university, the participating school district, and the participating independent degree granting college. College day funds shall not be expended to cover indirect costs. Not more than 20% of the university match shall be attributable to indirect costs. Each university shall apply the percentage increase applicable to every university in the calculation of appropriations in part 1 to the amount of funds allocated to the college day program.

(3) The program shall be administered by each university in a manner prescribed by the King-Chavez-Parks Initiative unit in the Michigan department of education.

Sec. 503. (1) Included in section 118 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student support services program for developing academically and economically disadvantaged student retention programs for 4-year public and independent educational institutions in this state.

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

(3) The program shall be administered by the King-Chavez-Parks Initiative unit in the Michigan department of education.

Sec. 504. (1) Included in section 118 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university partnership program between 4-year universities and public community colleges, which is intended to increase the number of underrepresented minority students who transfer from community colleges into baccalaureate programs.

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

(3) The program shall be administered by the King-Chavez-Parks Initiative unit in the Michigan department of education.

Sec. 505. (1) Included in the appropriation in section 118 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks visiting professors program which is intended to increase the number of minority instructors in the classroom and provide role models for underrepresented minority students.

(2) The program shall be administered by the King-Chavez-Parks Initiative unit in the Michigan department of education.

Sec. 506. Each state institution of higher education receiving funds under section 503, 504, 505, or 507 shall notify the King-Chavez-Parks Initiative unit in the Michigan department of education by April 15, 1999 as to whether it will expend by the end of its fiscal year the funds received under section 503, 504, 505, or 507. Notwithstanding the award limitations in sections 503 and 504, the amount of funding reported as not being expended will be reallocated to the institutions that intend to expend all funding received under section 503, 504, 505, or 507.

Sec. 507. (1) Included in the appropriation in section 118 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks initiative for the Morris Hood, Jr. educator development program which is intended to increase the number of minority students, especially males, who enroll in and complete K-12 teacher education programs at the baccalaureate level.

(2) The program shall be administered by each state-approved teacher education institution in a manner prescribed by the King-Chavez-Parks Initiative unit in the Michigan department of education.".

13. Amend page 26, following line 15, by inserting:

"Sec. 701a. (1) Pursuant to section 701(2)(b), the following degree programs may be established:

(a) Bachelors

Central Michigan University Entrepreneurship (major), B.A.A.

Eastern Michigan University Electronic Engineering Technology, B.S.

Eastern Michigan University Mechanical Engineering Technology, B.S.

Eastern Michigan University Women's Studies, B.S.

Ferris State University Rubber Engineering Technology, B.S.

Northern Michigan University Major in Applied Mathematics, B.S.

Northern Michigan University Technical Communication, B.S.

University of Michigan-Dearborn Computer Engineering, B.S.E.

University of Michigan-Dearborn Manufacturing Engineering, B.S.E.

University of Michigan-Flint Administration of Services to the Aged, B.S.

University of Michigan-Flint Radiation Therapy, B.S.

Wayne State University Business Administration with major in Business Logistics

(b) Masters

Central Michigan University Spanish, M.A.

Grand Valley State University Engineering, M.S.E.

Northern Michigan University Science Education, M.S.

Oakland University Training and Development, M.D.T.

Saginaw Valley State University Communication & Multimedia, M.A.

Saginaw Valley State University Technological Processes, M.S.

University of Michigan-Flint Graduate Nurse Practitioner, M.S.N.

Wayne State University Biomedical Engineering, M.S.

Western Michigan University Construction Management, M.S.

Central Michigan University Applied Experimental Psychology, Ph.D.

Central Michigan University Educational Leadership, Ed.D.

Michigan State University Ecology, Evolutionary Biology & Behavior, Ph.D.

Oakland University Education & Human Services Doctoral Program

Wayne State University Biomedical Engineering, Ph.D.

Western Michigan University Counselor Education, Ed.D. to Ph.D.

Western Michigan University Environmental Chemistry, Ph.D.

Western Michigan University Paper & Imaging Science and Engineering, Ph.D.

(2) The listing of degree programs in subsection (1) does not constitute legislative intent to provide additional dollars for those programs.".

14. Amend page 27, line 9, by striking out all of section 705 and inserting:

"Sec. 705. (1) Each state university shall report the following information for the 1997-98 academic year to the house and senate fiscal agencies and the department of management and budget on or before October 31, 1998:

(a) Separately, the number of tenured faculty, tenure-track faculty, non-tenure-track faculty, and graduate assistants who taught an undergraduate class section.

(b) The total number of undergraduate credit hours and section credits taught by each of the following:

(i) Tenured faculty.

(ii) Tenure-track faculty.

(iii) Non-tenure-track faculty.

(iv) Graduate assistants.

(2) For the purposes of subsection (1), the following definitions apply:

(a) "Tenured faculty" means a faculty member who has earned tenure.

(b) "Tenure-track faculty" means a faculty member who has not yet earned tenure but is eligible to earn tenure.

(d) "Graduate assistant" means an individual who is a master's or doctoral degree candidate.

(3) Each state university shall report the following information for the 1997-98 academic year to the house and senate fiscal agencies and the department of management and budget on or before October 31, 1998:

(a) Separately, the number of part-time and full-time faculty.

(b) Separately, the number of tenured and non-tenured faculty.

(4) For the purposes of subsection (3), the following definitions apply:

(a) "Part-time faculty" means an individual who does not have a full-time appointment as a faculty member.

(b) "Full-time faculty" means an individual who has a full-time appointment as a faculty member.

(d) "Non-tenured faculty" means an individual who has not earned tenure.

Sec. 706. The University of Michigan - Ann Arbor recognizes its responsibility to Michigan resident students. It is the intent of the university to recruit and admit qualified Michigan resident students, and to establish financial aid programs and scholarships to achieve a resident level of undergraduate enrollment of 70%.".

Third: That the Senate and House agree to the title of the bill to read as follows:

John J. H. Schwarz, M.D.

Jon A. Cisky

Don W. Koivisto

Conferees for the Senate

Morris W. Hood, Jr.

Lynne Martinez

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.619 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 VanRegenmorter

Conroy Hart Rogers Vaughn

DeBeaussaert Hoffman Schuette Young

Nays--1

Jaye

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.

Protest

Senator Jaye, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the conference report to Senate Bill No.911.

Senator Jaye's statement is as follows:

I voted against this amendment because we included $5 million in free college education for welfare recipients. Five million dollars in free college education for welfare recipients, without any requirement that these welfare recipients be drug free, or that they don't commit any violent crimes before they get this money. Five million dollars for the status of being on welfare. Why are we encouraging people to engage in self destructive activities; for having children before they're married? By being on welfare--by staying on welfare, you are entitled to getting a tuition incentive program tip of $5 million. Whereas, the working men and women and their children who decide not to have children out of wedlock, don't get a special $5 million grant given to them.

Also, this higher education budget includes additional money for the King-Chavez-Park programs. This is the second budget that this program is in; where it brings in professors of color. It brings in individuals of color or a certain nationality who aren't even Americans and it invites them to come in and speak, or to get scholarships or jobs not based on their academic credentials, not based on their test scores, not based on their publications, not based on peer review, not based on any professional standard, other than that they happen to be a certain minority. At our universities--these should be centers of excellence. These should be centers of achievement. We should be recruiting the best and the brightest of the scientist and of the arts. People who have the best teaching skills, not somebody who happened to come from one nationality or one ethnicity.

For us to continue to reward people by giving them a free college education if they are in prison or on welfare, is a slap in the face of the working men and women who don't go on welfare or who don't commit crimes. And for us to say that we're going to continue to have professor and scholarship and job opportunities for people based on their race and ethnicity, as opposed to their individual merit, continues to take away opportunities from the men and women and their children in the state of Michigan who have worked very hard and have sacrificed very hard and who earned these positions, but they were denied to them because of these preferential programs.

I hope that one day these items would not be included in the budget in the state of Michigan--this is why I voted no on this budget.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No.1099, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 128, 129, and 131 (MCL 389.128, 389.129, and 389.131), as added by 1998 PA 51.

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.

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.

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

Senate Bill No.862, entitled

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

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and amended the title to read as follows:

A bill 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," (MCL 333.1101 to 333.25211) by adding section 20198.

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 substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No.620 Yeas--33

Bennett Dingell McManus Shugars

Berryman Dunaskiss Miller Smith, A.

Bouchard Emmons North Smith, V.

Bullard Gast O'Brien Steil

Byrum Geake Peters Stille

Cherry Gougeon Posthumus VanRegenmorter

Cisky Hart Rogers Vaughn

DeBeaussaert Koivisto Schuette Young

DeGrow

Nays--1

Jaye

Excused--0

Not Voting--3

Conroy Hoffman 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 title as amended.

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

House Bill No.4332, entitled

A bill to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending sections 521 and 531 (MCL 436.1521 and 436.1531) and by adding section 522.

The House of Representatives has amended the Senate substitute (S-1) as follows:

1. Amend page 2, line 21, by striking out all of subsection (2) and inserting:

"(2) THE INDIVIDUAL SIGNING THE APPLICATION FOR THE LICENSE SHALL STATE AND DEMONSTRATE THAT THE APPLICANT ATTEMPTED TO SECURE AN APPROPRIATE ON-PREMISE ESCROWED LICENSE OR QUOTA LICENSE ISSUED UNDER SECTION 531 AND THAT, TO THE BEST OF HIS OR HER KNOWLEDGE, AN ON-PREMISE LICENSE OR QUOTA LICENSE ISSUED UNDER SECTION 531 IS NOT READILY AVAILABLE WITHIN THE LOCAL UNIT OF GOVERNMENT IN WHICH THE APPLICANT PROPOSES TO OPERATE.".

2. Amend page 3, line 26, after "ANY" by striking out "LOCAL UNIT OF GOVERNMENT" and inserting "CITY OR MUNICIPALITY WITH A POPULATION GREATER THAN 50,000".

3. Amend page 5, line 9, after "COMMISSION" by striking out "SHALL" and inserting "MAY".

4. Amend page 5, line 12, after "PREMISES." by striking out the balance of the line through line 14.

The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the title.

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 House amendments made to the Senate substitute,

Senator DeGrow moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

House Bill No.5418, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 8134, 8142, and 8159 (MCL 500.8134, 500.8142, and 500.8159), section 8134 as added by 1989 PA 302 and sections 8142 and 8159 as amended by 1996 PA 429.

The House of Representatives has amended the Senate substitute (S-2) as follows:

1. Amend page 1, line 1, by striking out all of section 477 and inserting:

"Sec. 225. The insurance bureau fund is created in the state treasury as a separate fund. Except as otherwise specifically provided, all fees collected pursuant to this act or under the commissioner's authority shall be deposited in the insurance bureau fund. Money in the insurance bureau fund shall not revert to the general fund at the close of the fiscal year but shall remain in the insurance bureau fund. Money in the insurance bureau fund shall be used only for regulatory purposes under the commissioner's authority. HOWEVER, MONEY IN THE INSURANCE BUREAU FUND MAY BE APPROPRIATED BY THE LEGISLATURE TO PAY FOR LEGISLATORS DESIGNATED BY THE SENATE MAJORITY LEADER AND SPEAKER OF THE HOUSE OF REPRESENTATIVES TO PARTICIPATE IN INSURANCE ACTIVITIES COORDINATED BY INSURANCE AND LEGISLATIVE ASSOCIATIONS INCLUDING THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS AND THE NATIONAL COUNCIL OF INSURANCE LEGISLATORS.".

2. Amend page 7, line 1, after "SECTIONS" by striking out "477 TO" and inserting "478 AND".

The House of Representatives has concurred in the Senate substitute (S-2) as amended and amended the title to read as follows:

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 225, 8134, 8142, and 8159 (MCL 500.225, 500.8134, 500.8142, and 500.8159), section 225 as added by 1994 PA 228, section 8134 as added by 1989 PA 302, and sections 8142 and 8159 as amended by 1996 PA 429, and by adding sections 478, 479, and 480.

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 House amendments made to the Senate substitute,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No.621 Yeas--33

Bennett Dingell Koivisto Shugars

Berryman Dunaskiss McManus Smith, A.

Bouchard Emmons North Smith, V.

Bullard Gast O'Brien Steil

Byrum Geake Peters Stille

Cherry Gougeon Posthumus VanRegenmorter

Cisky Hart Rogers Vaughn

DeBeaussaert Jaye Schuette Young

DeGrow

Nays--0

Excused--0

Not Voting--4

Conroy Hoffman Miller 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 title as amended.

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

Senator DeGrow moved that Senator Schwarz 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.

The House of Representatives requested the return of:

House Bill No.5627, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506a.

Senator DeGrow moved that the request of the House be granted.

The motion prevailed.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator DeGrow moved that a respectful message be sent to the House of Representatives requesting the return of the following bill:

Senate Bill No.273

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

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 Stille 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 bill:

House Bill No.5888, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 20c and 24a (MCL 259.20c and 259.24a), as added by 1996 PA 370, and by adding chapter IA and section 20d; and to repeal acts and parts of acts.

The bill was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No.1225, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 748 (MCL 330.1748), as amended by 1996 PA 588.

Substitute (S-3).

The Senate agreed to the substitute recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No.5866, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8501 and 8511 (MCL 324.8501 and 324.8511), as added by 1995 PA 60, and by adding section 8517.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 6, line 6, after "UNDER" by striking out "SECTION 8517" and inserting "THIS PART".

2. Amend page 9, line 8, by striking out "SALE, OR REGISTRATION" and inserting "OR SALE".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate the following bill, recommending that the bill be referred to the Committee on Families, Mental Health and Human Services:

Senate Bill No.1100, entitled

A bill to restrict the attendance of minors at certain music performances; to regulate the operation of certain music venues; and to prescribe penalties.

The Senate agreed to the recommendation of the Committee of the Whole and the bill was referred to the Committee on Families, Mental Health and Human Services.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No.909, entitled

(For Conference Report, see p. 1405.)

The House of Representatives has adopted the report of the Committee of Conference.

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

Senate Bill No.910, entitled

(For Conference Report, see p. 1410.)

The House of Representatives has adopted the report of the Committee of Conference.

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

Senate Bill No.911, entitled

(For Conference Report, see p. 1414.)

The House of Representatives has adopted the report of the Committee of Conference.

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

By unanimous consent the Senate returned to the order of

Conference Reports

House Bill No.5591, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The House of Representatives has adopted the report of the Committee of Conference.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 5591, entitled

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate and to the following amendments:

1. Amend page 1, line 1, by striking out all of part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of natural resources for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF NATURAL RESOURCES

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 2,224.5

GROSS APPROPRIATION $ 228,001,500

Interdepartmental grant revenues:

IDG-engineering services to work orders 1,004,700

IDG from MDOT-state trunkline fund 36,300

IDG-MJC, economic development job training funds 1,000,000

IDG-MacMullan conference center revenue 1,328,900

IDG-land acquisition services to work orders 819,000

IDT-interdivisional charges 2,859,700

Total interdepartmental grants and intradepartmental transfers 7,048,600

ADJUSTED GROSS APPROPRIATION $ 220,952,900

Federal revenues:

DAG-federal 2,377,400

DOC-federal 42,100

DOD-federal 60,700

DOE-federal 1,000

DOI-federal 13,404,700

DOI-MMS, federal oil and gas royalty revenue 750,000

DOT-federal 2,355,800

EPA-federal 318,800

IGLFC-federal 20,100

Total federal revenues 19,330,600

Special revenue funds:

Total local revenues 0

Private funds 1,170,600

Private gift revenues 500,000

Total private revenues 1,670,600

Air photo fees 729,000

Aircraft fees 101,800

Airport and park operation fees 40,900

Automated license system revenue 403,500

Commercial fishing fee revenue 200

Delinquent property tax administration fund 989,200

Farmland and open space withdrawal fees 557,800

Forest camping fee revenue 795,500

Forest resource revenue 20,804,100

Game and fish protection fund 50,441,000

Game and fish protection fund--deer habitat reserve 1,671,200

Game and fish protection fund--turkey permit fees 932,000

Game and fish protection fund--waterfowl fees 111,700

Game and fish - wildlife resource protection fund 995,200

Harbor development fund 220,300

Land exchange facilitation fund 5,322,400

Land sale revenue 4,596,500

Mackinac Island state park fund 1,329,400

Marine safety fund 4,822,700

Michigan civilian conservation corps endowment fund 1,267,000

Michigan geographic information system revenue 166,700

Michigan state parks endowment fund 4,330,200

Michigan state waterways fund 12,063,300

Motor fuel sales 775,000

Natural resources magazine fund 101,400

Natural resources trust fund 1,924,600

Nongame wildlife fund 844,500

Off-road vehicle trail improvement fund 1,629,100

Other restricted revenues 7,300

Park improvement fund 25,258,000

Publication revenue 100,000

Recreation improvement fund 1,388,500

Recreation bond fund 1,350,000

Shop fees 50,700

Snowmobile registration fee revenue 594,300

Snowmobile trail improvement fund 4,586,700

Total other state restricted revenues 151,301,700

State general fund/general purpose $ 48,650,000

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 6.0

Full-time equated classified positions 20.0

Commission (including travel expense--per diem) $ 75,000

Unclassified salaries 394,200

Executive direction--9.0 FTE positions 1,491,000

Office of information and education--11.0 FTE positions 1,224,700

GROSS APPROPRIATION $ 3,184,900

Appropriated from:

Interdepartmental grant revenues:

IDG-MacMullan conference center revenue 13,100

Special revenue funds:

Delinquent property tax administration fund 3,400

Farmland and open space withdrawal fees 3,500

Forest resource revenue 148,700

Game and fish protection fund 1,021,800

Land exchange facilitation fund 5,400

Land sale revenue 32,200

Marine safety fund 27,900

Michigan geographic information system revenue 1,000

Michigan state parks endowment fund 8,200

Michigan state waterways fund 229,800

Natural resources magazine fund 101,400

Off-road vehicle trail improvement fund 2,300

Other restricted revenues 2,500

Park improvement fund 413,100

Snowmobile registration fee revenue 2,300

Snowmobile trail improvement fund 12,100

State general fund/general purpose $ 1,156,200

Sec. 103. ADMINISTRATIVE SERVICES

Full-time equated classified positions 219.0

Budget and program support--57.0 FTE positions $ 3,834,600

Internal audit--12.0 FTE positions 806,400

Field program support--70.0 FTE positions 5,541,800

Human resources--17.0 FTE positions 1,364,200

Equal opportunity and legal services--8.0 FTE positions 774,400

Office of information systems and technology--55.0 FTE positions 7,999,700

GROSS APPROPRIATION $ 20,321,100

Appropriated from:

Interdepartmental grant revenues:

IDG-MacMullan conference center revenue 12,400

IDT-interdivisional charges 2,691,300

Federal revenues:

DOI-federal 108,500

Special revenue funds:

Aircraft fees 101,800

Automated license system revenue 403,500

Delinquent property tax administration fund 11,100

Farmland and open space withdrawal fees 3,900

Forest resource revenue 699,900

Game and fish protection fund 6,899,300

Land exchange facilitation fund 30,200

Land sale revenue 64,200

Marine safety fund 219,000

Michigan natural resources trust fund 567,800

Michigan state parks endowment fund 47,300

Michigan state waterways fund 717,300

Michigan civilian conservation corps endowment fund 5,700

Off-road vehicle trail improvement fund 48,400

Other restricted revenues 4,800

Park improvement fund 727,300

Publication revenue 100,000

Recreation improvement fund 5,800

Snowmobile registration fee revenue 58,900

Snowmobile trail improvement fund 72,600

State general fund/general purpose $ 6,720,100

Sec. 104. DEPARTMENTAL OPERATION SUPPORT

Building occupancy charges $ 1,632,900

Rent privately owned property 619,300

Gifts and bequests 500,000

GROSS APPROPRIATION $ 2,752,200

Appropriated from:

Special revenue funds:

Private gift revenues 500,000

Forest resource revenue 169,900

Game and fish protection fund 559,100

Land sale revenue 38,600

Marine safety fund 36,000

Michigan state waterways fund 196,100

Natural resources trust fund 9,400

Snowmobile trail improvement fund 15,600

Park improvement fund 84,500

State general fund/general purpose $ 1,143,000

Sec. 105. WILDLIFE MANAGEMENT

Full-time equated classified positions 186.0

Wildlife administration--14.5 FTE positions $ 1,700,000

Wildlife management--162.5 FTE positions 15,226,000

Natural resources heritage--9.0 FTE positions 1,494,900

State game and wildlife area maintenance 525,000

Federal lands biological inventory 50,000

GROSS APPROPRIATION $ 18,995,900

Appropriated from:

Federal revenues:

DOD-federal 50,000

DOI-federal 6,413,700

EPA-federal 51,300

Special revenue funds:

Private funds 101,800

Game and fish protection fund 8,658,100

Game and fish protection fund--deer habitat reserve 1,671,200

Game and fish protection fund--turkey permit fees 932,000

Game and fish protection fund--waterfowl fees 111,700

Nongame wildlife fund 544,500

State general fund/general purpose $ 461,600

Sec. 106. FISHERIES MANAGEMENT

Full-time equated classified positions 229.0

Fisheries administration--12.5 FTE positions $ 1,245,600

Fisheries resource management--142.4 FTE positions 10,065,900

Commercial fisheries--2.7 FTE positions 177,400

St. Mary's river - Little Rapids restoration project 250,000

Recreational fisheries--14.0 FTE positions 1,649,300

Fish production--57.4 FTE positions 6,779,000

Inplace river hatchery - Au Sable River 62,300

Treaty waters management fund work project 138,200

Stream habitat improvement 1,151,100

GROSS APPROPRIATION $ 21,518,800

Appropriated from:

Federal revenues:

DOE-federal 1,000

DOC-federal 42,100

DOI-federal 5,933,400

EPA-federal 130,100

IGLFC-federal 20,100

Special revenue funds:

Commercial fishing fee revenue 200

Game and fish protection fund 15,253,700

State general fund/general purpose $ 138,200

Sec. 107. PARKS AND RECREATION

Full-time equated classified positions 837.0

State parks--610.2 FTE positions $ 36,200,500

Lake sewer projects 150,000

MacMullan conference center--7.0 FTE positions 1,303,400

Recreational boating--202.1 FTE positions 10,563,800

Public access site signs - aquatic nuisance control 15,000

Michigan civilian conservation corps--3.0 FTE positions 3,443,000

Engineering--14.7 FTE positions 1,211,500

Cost of marine fuel purchased for resale 775,000

GROSS APPROPRIATION $ 53,662,200

Appropriated from:

Interdepartmental grant revenues:

IDG-MJC, economic development job training funds 1,000,000

IDG-engineering services to work orders 1,004,700

IDG-MacMullan conference center revenue 1,303,400

IDT-interdivisional charges 168,400

Federal revenues:

EPA-federal 95,900

Special revenue funds:

Harbor development fund 220,300

Michigan civilian conservation corps endowment fund 1,261,300

Michigan state parks endowment fund 3,919,400

Michigan state waterways fund 10,395,300

Motor fuel sales 775,000

Park improvement fund 23,968,100

Private funds 257,800

State general fund/general purpose $ 9,292,600

Sec. 108. MACKINAC ISLAND STATE PARK

Full-time equated classified positions 48.0

Mackinac Island park operation--23.0 FTE positions $ 1,584,400

Historical facilities system--25.0 FTE positions 1,703,300

GROSS APPROPRIATION $ 3,287,700

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT-state trunkline fund 36,300

Special revenue funds:

Airport and park operation fees 40,900

Mackinac Island state park fund 1,329,400

State general fund/general purpose $ 1,881,100

Sec. 109. FOREST RESOURCE MANAGEMENT

Full-time equated classified positions 340.0

Timber harvest--102.0 FTE positions $ 7,925,300

Forest cultivation and reforestation--23.0 FTE positions 3,924,700

Forest resource planning and land use--21.0 FTE positions 2,909,800

Private forest development--10.5 FTE positions 862,100

Forest finance authority--9.0 FTE positions 1,643,700

Forest fire protection--141.5 FTE positions 9,432,600

Forest recreation--15.5 FTE positions 1,775,700

Trails--17.5 FTE positions 2,231,800

Abandoned mine shaft closure 350,000

Forest management initiative 1,100,000

Forest fire equipment 500,000

GROSS APPROPRIATION $ 32,655,700

Appropriated from:

Federal revenues:

DAG-federal 1,252,400

DOD-federal 10,700

EPA-federal 41,500

Special revenue funds:

Private funds 761,000

Forest camping fee revenue 795,500

Forest resource revenue 18,808,500

Game and fish protection fund 634,700

Marine safety fund 125,500

Michigan state waterways fund 341,800

Off-road vehicle trail improvement fund 342,700

Recreation improvement fund 282,700

Shop fees 50,700

Snowmobile trail improvement fund 1,606,400

State general fund/general purpose $ 7,601,600

Sec. 110. REAL ESTATE

Full-time equated classified positions 74.0

Records and services--15.3 FTE positions 4,250,600

Minerals management--15.3 FTE positions 1,393,200

Land acquisition and exchange--16.2 FTE positions 7,291,400

Urban tax reverted residential property rehabilitation 20,000

Michigan resource inventory system--18.2 FTE positions 2,750,900

Farmland and open space preservation--7.0 FTE positions 550,400

Geological mapping--2.0 FTE positions 235,400

GROSS APPROPRIATION $ 16,491,900

Appropriated from:

Interdepartmental grant revenues:

IDG-land acquisition services to work orders 819,000

Special revenue funds:

Air photo fees 729,000

Delinquent property tax administration fund 974,700

Farmland and open space withdrawal fees 550,400

Forest resource revenue 977,100

Game and fish protection fund 310,400

Land exchange facilitation fund 5,286,800

Land sale revenue 4,461,500

Michigan geographic information system revenue 165,700

Natural resources trust fund 817,400

Park improvement fund 65,000

Michigan state parks endowment fund 355,300

State general fund/general purpose $ 979,600

Sec. 111. LAW ENFORCEMENT

Full-time equated classified positions 271.5

Wildlife resource protection--10.0 FTE positions $ 995,200

General law enforcement--261.5 FTE positions 23,514,100

GROSS APPROPRIATION $ 24,509,300

Appropriated from:

Federal revenues:

DOI-federal 723,100

DOT-federal 1,855,800

Special revenue funds:

Game and fish - wildlife resource protection fund 995,200

Game and fish protection fund 14,953,900

Marine safety fund 1,184,300

Off-road vehicle trail improvement fund 386,200

Snowmobile registration fee revenue 328,100

State general fund/general purpose $ 4,082,700

Sec. 112. PAYMENTS IN LIEU OF TAXES

Swamp and tax reverted lands $ 7,071,500

Purchased lands/open space payments 7,974,500

Commercial forest reserve 2,691,700

GROSS APPROPRIATION $ 17,737,700

Appropriated from:

Special revenue funds:

Game and fish protection fund 1,850,000

Michigan state waterways fund 183,000

Natural resources trust fund 530,000

State general fund/general purpose $ 15,174,700

Sec. 113. GRANTS

Grant to counties--marine safety $ 3,230,000

Federal - land and water conservation fund payments 1,000

Federal - forest stewardship grants 625,000

Federal - urban forestry grants 400,000

Federal - rural community fire protection/dry hydrant demonstration projects 100,000

Federal - clean vessel act grants 175,000

Community recreation infrastructure grants 1,350,000

Federal - oil and gas royalty payments 750,000

Recreation improvement fund grants 1,100,000

Snowmobile local grants program 2,880,000

Snowmobile law enforcement grants 205,000

Off-road vehicle trail improvement grants 849,500

National recreational trails 550,000

Game and nongame wildlife fund grants 400,000

Inland fisheries resources grants 200,000

Small range program grants 50,000

City of Center Line shooting range 18,600

GROSS APPROPRIATION $ 12,884,100

Appropriated from:

Federal revenues:

DAG-federal 1,125,000

DOI-federal 226,000

DOI-MMS, federal oil and gas royalty revenue 750,000

DOT-federal 500,000

Special revenue funds:

Private funds 50,000

Game and fish protection fund 300,000

Marine safety fund 3,230,000

Nongame wildlife fund 300,000

Off-road vehicle trail improvement fund 849,500

Recreation bond fund 1,350,000

Recreation improvement fund 1,100,000

Snowmobile registration fee revenue 205,000

Snowmobile trail improvement fund 2,880,000

State general fund/general purpose $ 18,600".

2. Amend page 15, line 23, after "is" by striking out "$199,978,100.00" and inserting "$199,951,700.00".

3. Amend page 15, line 24, after "at" by striking out "$23,572,200.00" and inserting "$23,590,800.00".

4. Amend page 16, line 11, by striking out "45,000" and inserting "18,600".

5. Amend page 16, line 12, by striking out "23,617,200" and inserting "23,590,800".

6. Amend page 19, line 1, by striking out all of subsection (3).

7. Amend page 21, line 16, by striking out all of section 215 and inserting:

"Sec. 215. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

Sec. 215a. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.".

8. Amend page 22, following line 26, by inserting:

"Sec. 220. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 221. (1) Part 1 includes funding for departmental operations financed in whole or in part from early retirement savings generated through the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f. The director shall provide a report that identifies all of the following:

(a) The amount of these early retirement savings realized in the 1997-98 fiscal year.

(b) The amount of these early retirement savings explicitly earmarked and spent for technology improvements in the 1997-98 fiscal year.

(2) The report required under subsection (1) shall be provided to the house and senate appropriations committees and to the house and senate fiscal agencies on or before December 15, 1998.

Sec. 222. Within 10 working days after formal presentation of the executive budget, the state budget director shall report to the members of the senate and house appropriations committees and the senate and house fiscal agencies on the amounts and sources of all capped federal funds, special revenue funds as defined in the state of Michigan's comprehensive annual financial report, and the healthy Michigan fund, and an accounting of the state departments or agencies in which the executive budget proposed to spend the funds.".

9. Amend page 26, line 16, by striking out all of section 703a and inserting:

"Sec. 704. The interdepartmental grant appropriated in section 107 for the Michigan civilian conservation corps shall be used for the operation of a civilian conservation corps camp at Alberta and to recruit program enrollees.".

10. Amend page 28, line 21, by striking out all of section 908.

11. Amend page 31, line 7, after "for" by striking out "$50,000.00" and inserting "$40,000.00".

12. Amend page 31, line 16, after "lakes." by inserting "Local organizations shall contribute at least $15,000.00 to this project. A report on the progress of the project shall be presented to the house and senate appropriations committees and house and senate fiscal agencies by December 31, 1999.".

Second: That the House and Senate agree to the title of the bill to read as follows:

Paul Tesanovich

Derrick Hale

William R. Bobier

Conferees for the House

George A. McManus, Jr.

Harry Gast

Don W. Koivisto

Conferees for the Senate

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.622 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 VanRegenmorter

Conroy Hart Rogers Vaughn

DeBeaussaert Hoffman Schuette Young

Nays--1

Jaye

Excused--0

Not Voting--0

In The Chair: President

Protests

Senator Jaye, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the conference report to House Bill No.5591.

Senator Jaye's first statement is as follows:

Madam Governor and Senate colleagues, there were a number of meritorious items in the DNR budget, except one of them, to spend $1 million of taxpayer dollars to establish a CCC camp in Alberta, Canada, was not one of them. Michigan has got more publically owned forest land than any other state east of the Mississippi. In fact, a number of those forests were planted by CCC individuals, including some members of my family who were on welfare during the Depression, and they were planted in Michigan.

We have unmet needs. We have a wish list from the Department of Natural Resources for trail management, for forestry projects, for trail creation for cross country skis and snowmobiles, for trail maintenance, for the camping site improvements. We should be improving the tourism opportunities in the state of Michigan, not in the province of Alberta, Canada. A million dollars. I don't even think Franklin Delano Roosevelt was liberal enough to spend a million dollars out to Alberta. The only good thing is is that we're going to be sending the welfare recipients out of the state of Michigan for a while, but I do believe that on the project of parks restoration and the other sorts of physical plant improvement, that those kinds of resources should be spent here in Michigan. I know that $600,000 was federal pass-through money, but it was the people's money, and $400,000 was the state taxpayer dollars. Those CCC project monies and those improvements in the parks should be established here in Michigan. Once we're done with sprucing up the Michigan trails and creating new trails, then it might be appropriate to consider sending the money to perhaps another state, but not another country. This is unprecedented, and that is why I voted "no" on this budget.

Senator Jaye's second statement is as follows:

I rise for a point of explanation. Thank you for clarifying that. I was mistaken, and I appreciate the good humor in which he helped remind me of the geography of the Upper Peninsula. It's not the 51st state, and I would hope that my comments would be reflective of the appropriate instruction by the senior member of the Department of Natural Resources Committee. A lot of these budget bills are going through very quickly. This summary was just placed on my desk today, and we didn't have that information that it was located in Michigan. So, thank you for that clarification, and I would have voted "yes" then on the budget had I had a more full description.

House Bill No.5592, entitled

A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 5592, entitled

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate and to the following amendments:

1. Amend page 1, line 1, by striking out all of part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. The amounts listed in this part are appropriated for the departments of consumer and industry services and Michigan jobs commission, subject to the conditions set forth in this act, for the fiscal year ending September 30, 1999, from the funds identified in this part. The following is a summary of the appropriations in this part:

TOTAL REGULATORY

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 73.5

Full-time equated classified positions 5,488.4

GROSS APPROPRIATION $ 1,032,597,700

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 5,822,300

ADJUSTED GROSS APPROPRIATION $ 1,026,775,400

Federal revenues:

Total federal revenues 640,521,100

Special revenue funds:

Total local revenues 10,867,900

Total private revenues 3,922,700

Total other state restricted revenues 191,443,900

State general fund/general purpose $ 180,019,800

Sec. 102. DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 64.5

Full-time equated classified positions 4,130.4

GROSS APPROPRIATION $ 467,564,300

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 4,675,300

ADJUSTED GROSS APPROPRIATION $ 462,889,000

Federal revenues:

Total federal revenues 203,933,500

Special revenue funds:

Total private revenues 920,700

Total other state restricted revenues 186,534,800

State general fund/general purpose $ 71,500,000

(2) EXECUTIVE DIRECTION

Full-time equated unclassified positions 64.5

Full-time equated classified positions 73.0

Unclassified salaries $ 4,875,000

Executive director programs--43.0 FTE positions 4,526,700

Policy development--9.0 FTE positions 1,309,600

Utility consumer representation 800,000

Regulatory efficiency improvements/backlog reduction initiative 750,000

MES board of review program--21.0 FTE positions 1,480,000

GROSS APPROPRIATION $ 13,741,300

Appropriated from:

Federal revenues:

DOL-ETA, unemployment insurance 1,965,200

DOL-multiple grants for safety and health 142,900

Special revenue funds:

Private-college work-study 25,000

Bank fees 151,000

Boiler fee revenue 51,400

Construction code fund 445,700

Consumer finance fees 30,500

Corporations and securities fees 82,600

Credit union fees 67,300

Elevator fees 59,900

Fees and collections 61,200

Health professions regulatory fund 2,065,600

Insurance regulatory fees 246,900

Licensing and regulation fees 920,000

Liquor purchase revolving fund 958,900

Michigan state housing development authority fees and charges 225,900

Manufactured housing commission fees 25,700

Motor carrier fees 19,300

Public utility assessments 455,500

Safety education and training fund 142,400

Second injury fund 24,300

Self-insurers security fund 6,400

Silicosis and dust disease fund 9,400

Utility consumer representation fund 800,000

Worker's compensation administrative revolving fund 20,200

Other state restricted revenue 21,800

State general fund/general purpose $ 4,716,300

(3) COUNCIL FOR ARTS AND CULTURAL AFFAIRS

Full-time equated classified positions 9.0

Administration--9.0 FTE positions $ 829,100

Arts and cultural grants 21,548,700

GROSS APPROPRIATION $ 22,377,800

Appropriated from:

Federal revenues:

NFAH-NEA, promotion of the arts, state and regional programs 700,000

State general fund/general purpose $ 21,677,800

(4) FIRE SAFETY

Full-time equated classified positions 50.0

Office of fire safety--50.0 FTE positions $ 3,840,400

GROSS APPROPRIATION $ 3,840,400

Appropriated from:

Interdepartmental grant revenues:

IDG-DCH, inspection contract 106,000

Federal revenues:

HHS-HCFA, Medicare supplementary medical insurance 550,300

HHS-HCFA, state survey and certification of health care providers, Medicaid 550,300

Special revenue funds:

Fire alarm regulation fees 159,500

Fire service fees 1,330,800

State general fund/general purpose $ 1,143,500

(5) MANAGEMENT SERVICES

Full-time equated classified positions 173.0

Administrative services--70.0 FTE positions $ 4,760,600

Technology support--103.0 FTE positions 12,205,700

Insurance automation 750,000

Health services information systems 750,000

Rent 5,363,000

Building occupancy charges - property development services 4,581,700

Worker's compensation 1,018,600

Special project advances 740,000

GROSS APPROPRIATION $ 30,169,600

Appropriated from:

Interdepartmental grant revenues:

IDT insurance bureau 509,300

Federal revenues:

DOL-ETA, unemployment insurance 251,600

DOL, multiple grants for safety and health 636,800

Federal funds 772,000

HHS, federal funds 199,000

Special revenue funds:

Private-college work-study 25,100

Private-special project advances 740,000

Bank fees 326,300

Boiler fee revenue 149,100

Construction code fund 1,007,200

Consumer finance fees 124,000

Corporations and securities fees 1,698,000

Credit union fees 220,200

Elevator fees 250,500

Fees and collections 174,500

Health professions regulatory fund 3,523,200

Insurance regulatory fees 1,617,400

Licensing and regulation fees 1,776,200

Liquor purchase revolving fund 5,772,500

Michigan state housing development authority fees and charges 994,700

Manufactured housing commission fees 82,000

Motor carrier fees 195,200

Public utility assessments 2,541,500

Safety education and training fund 296,400

Second injury fund 43,100

Self-insurers security fund 11,400

Silicosis and dust disease fund 16,600

Worker's compensation administrative revolving fund 936,100

Other state restricted revenue 50,400

State general fund/general purpose $ 5,229,300

(6) FINANCIAL SERVICES AND CORPORATIONS

Full-time equated classified positions 385.0

Manufactured housing commission, per diem $50.00 $ 7,800

Manufactured housing and land resources program--16.0 FTE positions 1,553,200

Corporate services--64.0 FTE positions 4,910,500

Investment oversight--31.0 FTE positions 2,524,000

Local manufactured housing communities inspections 250,000

Property development group--13.0 FTE positions 1,347,300

Remonumentation grants 4,500,000

Financial institutions administration--18.0 FTE positions 1,243,000

Bank regulation--50.0 FTE positions 5,012,700

Credit union regulation--41.0 FTE positions 3,313,000

Financial institutions consumer protection--19.0 FTE positions 1,663,500

Financial institutions research and consumer services--5.0 FTE positions 358,800

Federal regulatory projects 50,600

Insurance bureau administration--22.0 FTE positions 2,104,200

Insurance financial standards--49.0 FTE positions 7,571,100

Insurance licensing and enforcement--30.0 FTE positions 2,447,000

Insurance market standards and consumer services--27.0 FTE positions 2,412,400

GROSS APPROPRIATION $ 41,269,100

Appropriated from:

Federal revenues:

Federal regulatory project revenues 50,600

Special revenue funds:

Private-college work-study 10,100

Private-travel funds 5,900

Bank fees 5,805,400

Certification and copying fees 2,127,500

Consumer finance fees 1,905,500

Corporations and securities fees 5,145,900

Credit union fees 3,880,100

Insurance regulatory fees 10,838,900

Insurance continuing education fees 532,400

Land sales fees 50,600

Insurance licensing and regulation fees 3,015,500

Limited liability partnership revenue 10,000

Manufactured housing commission fees 1,911,500

Multiple employer welfare arrangement 131,900

Property development fees 225,200

Remonumentation fees 5,064,500

State general fund/general purpose $ 557,600

(7) PUBLIC SERVICE COMMISSION

Full-time equated classified positions 161.0

Administration, planning and regulation--161.0 FTE positions $ 18,277,200

GROSS APPROPRIATION $ 18,277,200

Appropriated from:

Interdepartmental grant revenues:

IDG-MDEQ 200,000

Federal revenues:

DOE-OEERE, multiple grants 2,477,900

DOT-RSPA, gas pipeline safety 208,200

Special revenue funds:

Private-Great Lakes governors council 46,000

Motor carrier fees 1,730,900

Public utility assessments 13,614,200

State general fund/general purpose $ 0

(8) LIQUOR CONTROL COMMISSION

Full-time equated classified positions 183.0

Management support services--43.0 FTE positions $ 2,840,300

Liquor licensing and enforcement--140.0 FTE positions 9,956,700

Liquor law enforcement grants 6,000,000

Grant to department of agriculture for wine industry council 424,100

GROSS APPROPRIATION $ 19,221,100

Appropriated from:

Special revenue funds:

Liquor license revenue 10,609,800

Liquor purchase revolving fund 8,187,200

Nonretail liquor license revenue 424,100

State general fund/general purpose $ 0

(9) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY

Full-time equated classified positions 234.0

Payments on behalf of tenants $ 66,000,000

Housing and rental assistance program--228.0 FTE positions 20,366,200

Automatic data processing--6.0 FTE positions 843,700

Homeless program 5,290,800

GROSS APPROPRIATION $ 92,500,700

Appropriated from:

Federal revenues:

HUD, lower income housing assistance program 78,790,200

Special revenue funds:

Michigan state housing development authority fees and charges 13,710,500

State general fund/general purpose $ 0

(10) TAX TRIBUNAL

Full-time equated classified positions 14.0

Operations--14.0 FTE positions $ 1,526,400

GROSS APPROPRIATION $ 1,526,400

Appropriated from:

Special revenue funds:

Tax tribunal fees 586,300

State general fund/general purpose $ 940,100

(11) GRANTS

Fire protection grants $ 6,675,000

GROSS APPROPRIATION $ 6,675,000

Appropriated from:

Special revenue funds:

Liquor purchase revolving fund 6,675,000

State general fund/general purpose $ 0

(12) HEALTH REGULATORY SYSTEMS

Full-time equated classified positions 344.0

Health systems administration--203.0 FTE positions $ 16,519,200

Emergency medical services program state staff--10.0 FTE positions 1,060,700

Health facilities management information system 568,400

Radiological health administration and projects--24.0 FTE positions 1,813,300

Substance abuse program administration--4.0 FTE positions 374,900

Emergency medical services grants and contracts 962,100

Health services--103.0 FTE positions 11,367,200

GROSS APPROPRIATION $ 32,665,800

Appropriated from:

Federal revenues:

Federal funds 11,275,300

Special revenue funds:

Private-local northeast regional dentistry board 18,100

Private-college work-study 25,500

Controlled substance license fees 1,271,900

Health professions regulatory fund 9,601,700

Nurse professional fund 450,000

Fees and collections 2,266,300

Other state restricted revenue 1,314,100

State general fund/general purpose $ 6,442,900

(13) REGULATORY SERVICES

Full-time equated classified positions 271.0

AFC, children's welfare and day care licensure--271.0 FTE positions $ 19,881,200

GROSS APPROPRIATION $ 19,881,200

Appropriated from:

Federal revenues:

HHS, federal funds 7,864,100

Special revenue funds:

Licensing fees 443,000

State general fund/general purpose $ 11,574,100

(14) OCCUPATIONAL REGULATION

Full-time equated classified positions 235.0

Commissions and boards $ 41,900

Code enforcement--99.0 FTE positions 7,144,400

Code enforcement flexibility 610,800

Boiler inspection program--18.0 FTE positions 1,393,000

Elevator inspection program--23.0 FTE positions 1,674,100

Commercial services--95.0 FTE positions 7,731,900

GROSS APPROPRIATION $ 18,596,100

Appropriated from:

Special revenue funds:

Private-college work-study 25,000

Real estate education fund 351,800

Real estate appraiser continuing education fund 45,000

Licensing and regulation fees 5,569,100

Homeowner construction lien recovery fund 1,528,900

Health professions regulatory fund 212,100

Boiler fee revenue 1,526,500

Construction code fund 7,565,500

Elevator fees 1,772,200

State general fund/general purpose $ 0

(15) EMPLOYMENT RELATIONS

Full-time equated classified positions 28.0

Fact finding and arbitration $ 169,300

Employment and labor relations--28.0 FTE positions 2,686,700

GROSS APPROPRIATION $ 2,856,000

Appropriated from:

Special revenue funds:

Publication revenue 25,000

State general fund/general purpose $ 2,831,000

(16) SAFETY AND REGULATION

Full-time equated classified positions 274.0

Commissions and boards $ 27,700

Employment standards enforcement--38.0 FTE positions 2,287,000

Subgrantees 1,026,900

Occupational safety and health--236.0 FTE positions 20,353,900

GROSS APPROPRIATION $ 23,695,500

Appropriated from:

Federal revenues:

DOL, multiple grants for safety and health 11,804,600

Special revenue funds:

Fees and collections 671,300

Safety education and training fund 4,755,600

State general fund/general purpose $ 6,464,000

(17) WORKER'S DISABILITY COMPENSATION

Full-time equated classified positions 172.4

Administration--119.0 FTE positions $ 7,727,300

Board of magistrates administration--8.0 FTE positions 1,665,600

Appellate commission administration--11.4 FTE positions 768,500

Supplemental benefit fund 1,700,000

Insurance funds administration--34.0 FTE positions 10,061,600

Automatic data processing 506,000

Grant to Michigan jobs commission, hire the handicapped program 50,000

GROSS APPROPRIATION $ 22,479,000

Appropriated from:

Special revenue funds:

Second injury fund 6,404,900

Self-insurers security fund 1,706,600

Silicosis and dust disease fund 2,506,100

Worker's compensation administrative revolving fund 1,938,000

State general fund/general purpose $ 9,923,400

(18) UNEMPLOYMENT AGENCY

Full-time equated classified positions 1,524.0

Worker's compensation $ 453,700

Rent 4,232,000

Building occupancy charges - property development service 1,656,300

Unemployment program--1,441.7 FTE positions 84,594,800

Advocacy assistance program--4.0 FTE positions 1,500,000

Special audit and collections program--43.0 FTE positions 2,016,500

Special fraud control program--18.0 FTE positions 1,217,300

Training program for agency staff--2.1 FTE positions 1,038,500

Fraud control and investigations program--15.2 FTE positions 1,083,000

GROSS APPROPRIATION $ 97,792,100

Appropriated from:

Interdepartmental grant revenues:

IDG from family independence agency 3,860,000

Federal revenues:

DOL, unemployment insurance 85,194,500

DOL-ETA 500,000

Special revenue funds:

Contingent fund, penalty and interest account 8,237,600

State general fund/general purpose $ 0

Sec. 103. DEPARTMENT OF MICHIGAN JOBS COMMISSION

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 9.0

Full-time equated classified positions 1,358.0

GROSS APPROPRIATION $ 565,033,400

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 1,147,000

ADJUSTED GROSS APPROPRIATION $ 563,886,400

Federal revenues:

Total federal revenues 436,587,600

Special revenue funds:

Total local revenues 10,867,900

Total private revenues 3,002,000

Total other state restricted revenues 4,909,100

State general fund/general purpose $ 108,519,800

(2) DEPARTMENTAL ADMINISTRATION

Full-time equated unclassified positions 9.0

Full-time equated classified positions 16.0

Unclassified salaries $ 702,600

Executive direction--16.0 FTE positions 1,180,700

GROSS APPROPRIATION $ 1,883,300

Appropriated from:

Interdepartmental grant revenues:

IDG-MDEQ, air quality fees 58,000

State general fund/general purpose $ 1,825,300

(3) DEPARTMENT OPERATIONS

Full-time equated classified positions 80.0

Administrative services--80.0 FTE positions $ 5,401,100

Rent 1,649,300

Building occupancy charges - property development services 562,600

Worker's compensation 259,900

Special project advances 700,000

GROSS APPROPRIATION $ 8,572,900

Appropriated from:

Federal revenues:

DED-OSERS, client assistance for individuals with disabilities 11,300

DED-OSERS, rehabilitation services, vocational rehabilitation, state grants 1,269,800

DOL-ETA, job training partnership grants 417,700

DED, cooperative demonstration, school-to-work 150,500

HHS, temporary assistance for needy families 253,000

Special revenue funds:

Private-special project advances 700,000

State general fund/general purpose $ 5,770,600

(4) ECONOMIC RETENTION AND EXPANSION

Full-time equated classified positions 229.0

International and national business development--30.0 FTE positions $ 4,174,800

Travel administration/travel commission--27.0 FTE positions 3,641,300

Michigan promotion program 8,042,500

Job creation services--121.0 FTE positions 14,024,600

GROSS APPROPRIATION $ 29,883,200

Appropriated from:

Interdepartmental grant revenues:

IDG-MDEQ, air quality fees 42,000

Federal revenues:

DOL-NOICC 166,800

HUD-CPD, community development block grant 1,868,000

Special revenue funds:

Private-Michigan certified development corporation fees 151,200

Industry support fees 50,000

State general fund/general purpose $ 27,605,200

(5) WORKFORCE DEVELOPMENT

Full-time equated classified positions 686.0

Employment training services--591.0 FTE positions $ 61,647,600

Michigan career and technical institute--95.0 FTE positions 9,792,500

GROSS APPROPRIATION $ 71,440,100

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC 31,400

Federal revenues:

CNS 505,000

DAG, employment and training 248,700

DED-OPSE, multiple grants 999,500

DED-OSERS, centers for independent living 56,500

DED-OSERS, rehabilitation long-term training 320,200

DED-OSERS, rehabilitation services, vocational rehabilitation, state grants 39,546,600

DED-OSERS, state grants for technology-related assistance to individuals with disabilities 54,000

DED, cooperative demonstration, school-to-work 1,202,400

DOL-ETA, job training partnership act 5,818,100

DOL-ETA, welfare-to-work 600,000

DOL-ETA, multiple grants 570,000

HHS-SSA, supplemental security income 4,061,700

HHS, temporary assistance for needy families 2,245,700

Special revenue funds:

Local vocational rehabilitation match 3,152,200

Private-gifts, bequests, and donations 1,350,800

Rehabilitation services fees 1,884,800

Risk management internal service fund 99,700

Second injury fund 50,000

Student fees 44,700

Training material fees 249,600

State general fund/general purpose $ 8,348,500

(6) DEPARTMENTAL GRANTS

Job training programs subgrantees $ 119,426,200

Michigan community service commission subgrantees 5,900,000

Displaced homemakers 470,000

Supported employment grants 1,308,600

Technology assistance grants 1,026,600

Vocational rehabilitation client services/facilities 50,164,000

Vocational rehabilitation independent living 2,077,700

Personal assistance services 400,000

School-to-work subgrantees 10,780,900

Economic development job training grants 30,000,000

Welfare-to-work programs 135,220,300

CDBG pass-through 45,000,000

Precollege programs in engineering and the sciences 844,700

Grant to department of natural resources, Michigan civilian conservation corps 1,000,000

GROSS APPROPRIATION $ 403,619,000

Appropriated from:

Interdepartmental grant revenues:

IDG-MDOC 1,015,600

Federal revenues:

CNS 4,500,000

DAG, employment and training 8,041,300

DED-OSERS, centers for independent living 525,000

DED-OSERS, client assistance for individuals with disabilities 360,600

DED-OSERS, rehabilitation services facilities 2,272,500

DED-OSERS, rehabilitation services, vocational rehabilitation, state grants 34,995,200

DED-OSERS, supported employment 1,308,600

DED-OSERS, state grants for technology-related assistance to individuals with disabilities 1,026,600

DED, cooperative demonstration, school-to-work 10,680,900

DOL-ETA, job training partnership act 113,980,600

DOL-ETA, welfare-to-work 19,400,000

DOL-ETA, multiple grants 4,430,000

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

HHS, temporary assistance for needy families 79,233,700

HUD-CPD, community development block grant 45,000,000

Special revenue funds:

Local vocational rehabilitation facilities match 1,278,300

Local vocational rehabilitation match 6,437,400

Private-gifts, bequests, and donations 800,000

Contingent fund, penalty & interest account 1,000,000

State general fund/general purpose $ 64,970,200

(7) EMPLOYMENT SERVICE AGENCY

Full-time equated classified positions 347.0

Worker's compensation $ 92,900

Rent 418,000

Building occupancy charges - property development service 184,000

Employment service--291.0 FTE positions 44,945,000

Labor market information--56.0 FTE positions 3,995,000

GROSS APPROPRIATION $ 49,634,900

Appropriated from:

Federal revenues:

DOL-ETA, employment service 26,603,900

DOL-ETA, bureau of labor statistics 2,394,600

DOL-ETA 1,593,600

DOL-ETA, veterans' employment and training administration 6,311,900

DOL-ETA, miscellaneous funds 11,200,600

Special revenue funds:

Contingent fund, penalty and interest account 1,530,300

State general fund/general purpose $ 0".

2. Amend page 23, line 1, after "at" by striking out "$370,874,800.00" and inserting "$371,463,700.00".

3. Amend page 23, line 3, after "at" by striking out "$93,201,300.00" and inserting "$92,419,000.00".

4. Amend page 23, line 13, by striking out "30,582,300" and inserting "30,000,000".

5. Amend page 23, line 15, by striking out "300,000" and inserting "100,000".

6. Amend page 23, line 16, by striking out "59,427,600" and inserting "58,645,300".

7. Amend page 25, following line 6, by inserting:

"(cc) "MIOSHA" means the Michigan occupational safety and health administration." and relettering the remaining subdivisions.

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

"Sec. 206. Of the funds appropriated in part 1 that are in units other than the grants unit, a department shall not provide grants to local government agencies, institutions of higher education, or nonprofit organizations unless the department provides notice of the grant to the regulatory subcommittees of the house and senate appropriations committees at least 10 days before the grant is issued or at least 72 hours before any announcement to local governmental units or the public.

Sec. 207. The departments of consumer and industry services and Michigan jobs commission shall not permit any other department, agency, or office of this state to use funds or FTE positions authorized for those departments or allow any funds or FTE positions from any other department, agency, or office to be used within those departments without a 30-day notice given to the regulatory subcommittees of the house and senate appropriations committees.".

9. Amend page 26, following line 4, by inserting:

"Sec. 209. The department shall receive and retain copies of all reports funded from part 1 appropriations.".

10. Amend page 26, following line 13, by inserting:

"Sec. 212. The departments of consumer and industry services and Michigan jobs commission shall establish and maintain affirmative action programs based on guidelines developed by the state equal opportunity workforce planning council which was created by Executive Order 1996-13 in order to receive general fund/general purpose dollars.".

11. Amend page 26, line 15, after "submit" by inserting a comma and "on or before January 10, 1999,".

12. Amend page 27, following line 11, by inserting:

"Sec. 219. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

Sec. 220. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 221. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.".

13. Amend page 37, line 6, by striking out all of subsection (11).

14. Amend page 40, following line 30, by inserting:

"Sec. 325. By October 1, 1998, the insurance commissioner shall file a written report with the regulatory subcommittees of the house and senate appropriations committees and the standing committees of the house and senate that deal with insurance issues outlining the steps taken to insure that consumer protection issues have been addressed, including, but not limited to, the following:

(a) Consumer complaints against insurance companies.

(b) Rates and form filings.

15. Amend page 41, following line 14, by inserting:

"Sec. 327. (1) From the amount appropriated to health systems administration, the department of consumer and industry services shall utilize not less than 97 inspectors, provided adequate funding is available, to annually survey and investigate the care and services delivered in nursing homes, county medical care facilities, and hospital long-term care units in accordance with provisions of the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, and federal Medicare and Medicaid certification standards.

(2) In instances of complaints alleging poor care and services occurring on nights or weekends, the department of consumer and industry services shall investigate such complaints by conducting on-site investigations on nights or weekends in keeping with the severity of the allegations.".

16. Amend page 43, following line 12, by inserting:

"Sec. 335. Of the appropriation in part 1 for occupational safety and health, at least $62,400.00 in general fund/general purpose revenue and 3.0 FTE positions shall be used to support 1 position for MIOSHA compliance activities, 1 position for the development and analysis of MIOSHA program-related data, and 1 position for MIOSHA consultation, education, and training. Both the funding and positions shall be in addition to FTE positions and funding allocated for this purpose in fiscal year 1997-98.".

17. Amend page 45, line 5, after "(1)" by striking out the balance of the line and inserting "The appropriation in part 1 to the department of".

18. Amend page 46, line 20, by striking out all of subdivision (c) and inserting:

"(c) A clear statement of the project's scope of activities, number of participants to be involved, the number of participants who have been an employee of the business organization for at least 30 days before the date of application who are at risk of becoming unemployed unless trained in the program and the number of participants who are either a new employee within 30 days of the date of application or who will become a new employee of the business organization as a result of the individual's participation in the program.".

19. Amend page 47, line 1, by striking out all of subdivision (f).

20. Amend page 50, following line 11, by striking out all of subsection (18).

21. Amend page 53, line 13, after "410." by inserting "(1) The department of Michigan jobs commission shall submit an annual status report on the operations of each foreign office and the office of international and business development to the regulatory subcommittees of the house and senate appropriations committees. The report shall include, but not be limited to, brochures and promotional material, information on the number of successful plant locations, name of company, original and new locations, type of investment, type of product, number employed, length of commitment of relocations, the currency rates at the time the investment is made, and any other information considered necessary for a competent evaluation of the program.

(2)".

22. Amend page 57, following line 22, by inserting:

"Sec. 432. Of the funds appropriated in part 1 for the department of Michigan jobs commission employment service, no more than 15% of the funds allocated to Michigan works agencies for employment service delivery may be expended for Michigan works agency administrative costs.".

23. Amend page 57, line 26, after "commission" by striking out "may" and inserting "shall".

24. Amend page 57, line 27, after "funds" by inserting "and other funds".

25. Amend page 57, following line 27, by inserting:

"Sec. 434. On or before October 1, 1998, each Michigan works agency shall hold a public hearing on its employment service plan for fiscal year 1998-99. The plan shall include what services are to be delivered, how services are to be delivered, the anticipated number of individuals to be registered for work, and the anticipated number of registrants who will be placed in jobs. The department of Michigan jobs commission shall submit a status report on the employment service program to the regulatory subcommittees of the house and senate appropriations committees and the house and senate fiscal agencies on or before March 1, 1999 and September 1, 1999. The report shall include the number of individuals who registered for work, the number of job openings listed by employers, the number of registrants placed in jobs, and the cost per placement.

Sec. 435. The grant appropriated in section 103(6) to the Michigan department of natural resources shall be used for the operation of the civilian conservation corps camp at Alberta and to recruit program enrollees.".

26. Amend page 58, line 15, after "living," by striking out "$49,500.00" and inserting "a portion of the funds".

27. Amend page 58, following line 16, by inserting:

"Sec. 439. The family independence agency, in conjunction with the department of Michigan jobs commission, shall study the outcomes for recipients who have participated in work first and shall submit semiannual reports on the progress and findings of the study to the house and senate subcommittees dealing with appropriations for the family independence agency and for regulatory services and to the standing committees dealing with human services beginning November 1, 1998. The study shall examine whether the former participants have:

(a) Obtained jobs.

(b) The kind of jobs they have obtained.

(d) Current hourly wages.

(e) Whether they are receiving basic health care benefits, tuition reimbursement, or training from their employers.

(f) Whether they continue to receive other types of public assistance.

(g) Any other information the departments consider relevant.".

28. Amend page 61, line 4, by striking out all of section 447.

29. Amend page 62, following line 2, by striking out all of section 449.

Second: That the House and Senate agree to the title of the bill to read as follows:

Thomas C. Mathieu

Morris W. Hood, Jr.

Donald H. Gilmer

Conferees for the House

Glenn Steil

R. Robert Geake

Joe Young, Jr.

Conferees for the Senate

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.623 Yeas--24

Bennett Emmons Koivisto Schwarz

Bouchard Gast McManus Shugars

Bullard Geake North Steil

Cisky Gougeon Posthumus Stille

DeGrow Hart Rogers VanRegenmorter

Dunaskiss Hoffman Schuette Young

Nays--13

Berryman DeBeaussaert Miller Smith, A.

Byrum Dingell O'Brien Smith, V.

Cherry Jaye Peters Vaughn

Conroy

Excused--0

Not Voting--0

In The Chair: President

House Bill No.5593, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; 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 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.

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 5593, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; 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 House and Senate agree to the Substitute of the Senate as passed by the Senate and to the following amendments:

1. Amend page 1, line 3, by striking out all of section 101 and inserting:

"Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of state police for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF STATE POLICE

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 5.0

Full-time equated classified positions 3,557.0

GROSS APPROPRIATION $ 351,453,700

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 18,259,000

ADJUSTED GROSS APPROPRIATION $ 333,194,700

Federal revenues:

Total federal revenues 30,039,400

Special revenue funds:

Total local revenues 3,453,400

Total private revenues 0

Total other state restricted revenues 41,328,900

State general fund/general purpose $ 258,373,000".

2. Amend page 4, line 12, by striking out all of section 105 and inserting:

"Sec. 105. HIGHWAY SAFETY PLANNING

Full-time equated classified positions 26.0

State program planning and administration--14.0 FTE positions $ 1,148,600

Grants to local governments and non-profit organizations 4,000,000

Secondary road patrol administration--1.0 FTE positions 80,500

Secondary road patrol and traffic accident basic grants 4,452,100

Secondary road patrol and traffic accident enhanced grants 6,069,000

Truck safety program--2.0 FTE positions 2,967,600

Field coordination and analysis--8.0 FTE positions 1,303,300

Highway traffic safety--1.0 FTE positions 2,913,800

GROSS APPROPRIATION $ 22,934,900

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT-Michigan transportation fund 547,200

Federal revenues:

DOT-NHTSA 8,818,500

Special revenue funds:

Truck driver safety fund 2,967,600

Secondary road patrol and training fund 6,069,000

State general fund/general purpose $ 4,532,600".

3. Amend page 7, line 10, by striking out all of section 109 and inserting:

"Sec. 109. LAW ENFORCEMENT OFFICERS TRAINING COUNCIL

Full-time equated classified positions 22.5

Standards and training--15.5 FTE positions $ 1,291,200

Community policing coordination--3.0 FTE positions 154,100

Training only to local units 650,400

Officer's survivor tuition program 50,000

Michigan justice training commission--4.0 FTE positions 9,010,000

GROSS APPROPRIATION $ 11,155,700

Appropriated from:

Federal revenues:

DOJ-OJP 360,000

Special revenue funds:

Secondary road patrol and training fund 650,400

Michigan justice training fund 9,010,000

State general fund/general purpose $ 1,135,300".

4. Amend page 9, line 10, by striking out all of sections 112 and 113 and inserting:

"Sec. 112. UNIFORM SERVICES

Full-time equated classified positions 2,075.5

Uniform services--610.0 FTE positions $ 45,372,300

Security guards--35.0 FTE positions 1,331,000

Reimbursed services 500,000

At-post troopers--1,430.5 FTE positions 101,467,700

GROSS APPROPRIATION $ 148,671,000

Appropriated from:

Interdepartmental grant revenues:

IDG-department of corrections 94,700

IDG-department of management and budget, building occupancy charges 579,300

Federal revenues:

DOL-ETA 150,000

DOJ-OJP 200,000

Special revenue funds:

Highway safety fund 6,300,000

State police service fees 500,000

State general fund/general purpose $ 140,847,000

Sec. 113. SPECIAL OPERATIONS

Full-time equated classified positions 156.5

Operational support--35.0 FTE positions $ 2,227,200

Traffic safety--13.5 FTE positions 3,321,500

Aviation program--8.0 FTE positions 1,213,800

Communications--100.0 FTE positions 13,114,800

GROSS APPROPRIATION $ 19,877,300

Appropriated from:

Interdepartmental grant revenues:

IDG-department of corrections, contract 61,500

Federal revenues:

DOT-NHTSA 1,902,500

Special revenue funds:

Rental of department aircraft 201,300

Drunk driving prevention and training fund 776,700

State general fund/general purpose $ 16,935,300".

5. Amend page 12, line 17, after "at" by striking out "$300,284,000.00" and inserting "$299,701,900.00".

6. Amend page 12, line 19, after "at" by striking out "$18,412,500.00" and inserting "$18,124,800.00".

7. Amend page 12, line 25, by striking out "5,059,800" and inserting "4,452,100".

8. Amend page 12, line 27, by striking out "5,780,000" and inserting "6,069,000".

9. Amend page 13, line 4, by striking out "619,400" and inserting "650,400".

10. Amend page 13, line 9, by striking out "18,412,500" and inserting "18,124,800".

11. Amend page 16, line 26, by striking out all of section 208 and inserting:

"Sec. 208. Funds appropriated in section 101 shall not be used for the purchase of foreign goods and/or services if competitively priced American goods and/or services of comparable quality are available.".

12. Amend page 17, line 8, after "act," by striking out "$56,299,000.00" and inserting "$55,716,900.00".

13. Amend page 17, line 15, by striking out all of section 210 and inserting:

"Sec. 210. (1) The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department.

(2) The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.".

14. Amend page 19, line 4, by striking out all of section 215 and inserting:

"Sec. 215. Within 10 working days after formal presentation of the executive budget, the state budget director shall report to the members of the senate and house appropriations committees and to the senate and house fiscal agencies on the amounts and sources of all capped federal funds, special revenue funds as defined in the state of Michigan's comprehensive annual financial report, and the healthy Michigan fund, and an accounting of the state departments or agencies in which the executive budget proposed to spend the funds.".

15. Amend page 19, following line 20, by inserting:

"Sec. 217. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

Sec. 218. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.

Sec. 219. Sixty days prior to beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.".

16. Amend page 21, line 17, after "committees." by striking out the balance of the section.

17. Amend page 22, following line 4, by inserting:

"Sec. 603. If a forensic laboratory operated by the department of state police receives a request for technical or other assistance from the Detroit crime lab, the department of state police shall comply with the request in a thorough and timely manner.".

Second: That the House and Senate agree to the title of the bill to read as follows:

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; 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.

Mary Schroer

Derrick Hale

Jim McBryde

Conferees for the House

Jon A. Cisky

Philip E. Hoffman

Jackie Vaughn III

Conferees for the Senate

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.624 Yeas--37

Bennett Dingell Koivisto Schwarz

Berryman Dunaskiss McManus Shugars

Bouchard Emmons Miller Smith, A.

Bullard Gast North Smith, V.

Byrum Geake O'Brien Steil

Cherry Gougeon Peters Stille

Cisky Hart Posthumus VanRegenmorter

Conroy Hoffman Rogers Vaughn

DeBeaussaert Jaye Schuette Young

DeGrow

Nays--0

Excused--0

Not Voting--0

In The Chair: President

House Bill No.5597, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September30, 1999; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 5597, entitled

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate and to the following amendments:

1. Amend page 1, line 3, by striking out all of section 101 and inserting:

"Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of military and veterans affairs for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 7.0

Full-time equated classified positions 1,042.0

GROSS APPROPRIATION $ 85,810,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 85,810,700

Federal revenues:

Total federal revenues 27,970,100

Special revenue funds:

Total local revenues 0

Total private revenues 375,000

Total other state restricted revenues 20,941,600

State general fund/general purpose $ 36,524,000".

2. Amend page 4, line 7, by striking out all of sections 105 and 106 and inserting:

"Sec. 105. VETERANS SERVICE ORGANIZATIONS

American legion $ 738,800

Disabled American veterans 670,800

Marine corps veterans 308,100

American veterans of World War II and Korea 425,700

Veterans of foreign wars 811,500

Michigan paralyzed veterans of America 151,700

Purple heart 144,700

Veterans of World War I 100

Polish legion of American veterans 37,800

Jewish veterans of America 37,800

State of Michigan council- Vietnam veterans of America 146,100

Catholic war veterans 12,100

GROSS APPROPRIATION $ 3,485,200

Appropriated from:

State general fund/general purpose $ 3,485,200

Sec. 106. GRAND RAPIDS VETERANS' HOME

Full-time equated classified positions 539.0

Grand Rapids veterans' home--539.0 FTE positions $ 35,850,200

Board of managers 300,000

GROSS APPROPRIATION $ 36,150,200

Appropriated from:

Federal revenues:

HHS-HCFA, medicare, hospital insurance 374,700

DVA-VHA 8,821,200

Special revenue funds:

Private-veterans' home post and posthumous funds 300,000

Income and assessments 12,022,900

State general fund/general purpose $ 14,631,400".

3. Amend page 6, line 15, after "at" by striking out "$57,536,600.00" and inserting "$57,465,600.00".

4. Amend page 9, line 21, by striking out all of section 208 and inserting:

"Sec. 208. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced American goods or services, or both, of comparable quality are available.".

5. Amend page 10, line 24, by striking out all of section 211 and inserting:

"Sec. 211. Within 10 working days after formal presentation of the executive budget, the state budget director shall report to the members of the senate and house standing committees on appropriations and the senate and house fiscal agencies on the amounts and sources of all capped federal funds, special revenue funds as defined in the state of Michigan's comprehensive annual financial report, and the healthy Michigan fund. The report shall also contain an accounting of the state departments or agencies in which the executive budget proposed to spend the funds.".

6. Amend page 11, line 4, after "be" by striking out "unallotted" and inserting "unappropriated".

7. Amend page 11, following line 5, by inserting:

"Sec. 213. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report to the senate and house standing committees on appropriations and to the senate and house fiscal agencies on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing to the senate and house standing committees on appropriations and to the senate and house fiscal agencies of all bid requests or requests for proposal that were issued.

(4) Each principal executive department and agency shall provide a monthly summary listing of information to the senate and house standing committees on appropriations and to the senate and house fiscal agencies that identifies any authorizations for personal service contracts that are provided to the department of civil service pursuant to delegated authority granted to each principal executive department and agency related to personal service contracts.

Sec. 214. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.

Sec. 215. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.".

Second: That the House and Senate agree to the title of the bill to read as follows:

Mary Schroer

Michael A. Prusi

Jim McBryde

Conferees for the House

Jon A. Cisky

Philip E. Hoffman

Jackie Vaughn III

Conferees for the Senate

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.625 Yeas--37

Bennett Dingell Koivisto Schwarz

Berryman Dunaskiss McManus Shugars

Bouchard Emmons Miller Smith, A.

Bullard Gast North Smith, V.

Byrum Geake O'Brien Steil

Cherry Gougeon Peters Stille

Cisky Hart Posthumus VanRegenmorter

Conroy Hoffman Rogers Vaughn

DeBeaussaert Jaye Schuette Young

DeGrow

Nays--0

Excused--0

Not Voting--0

In The Chair: President

Recess

Senator DeGrow moved that the Senate recess until 2:30p.m.

The motion prevailed, the time being 1:25p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Binsfeld.

Recess

Senator DeGrow moved that the Senate recess subject to the call of the President.

The motion prevailed, the time being 2:31p.m.

3:03p.m.

The Senate was called to order by the President pro tempore, Senator Schwarz.

Senator DeGrow moved that Senator VanRegenmorter be temporarily excused from the balance of today's session.

The motion prevailed.

House Bill No.5589, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The House of Representatives has adopted the report of the Committee of Conference.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 5589, entitled

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate and to the following amendments:

1. Amend page 1, line 1, by striking out all of part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of environmental quality for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF ENVIRONMENTAL QUALITY

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 1,610.2

GROSS APPROPRIATION $ 401,247,900

Interdepartmental grant revenues:

IDG from MDOT-Michigan transportation fund 780,000

IDG from MSP 578,200

IDT-interdivisional charges 5,762,900

Total interdepartmental grants and intradepartmental transfers 7,121,100

ADJUSTED GROSS APPROPRIATION $ 394,126,800

Federal revenues:

Federal revenues 85,010,100

DOC-federal 2,998,000

DOD-federal 935,400

DOI-federal 451,500

EPA-federal 21,892,400

EPA-GWDW 3,615,200

EPA, superfund 8,383,400

EPA-OPM, environmental protection consolidated grants 4,100

EPA, LUST trust 3,231,000

EPA, UST 262,600

FEMA-federal 237,100

Total federal revenues 127,020,800

Special revenue funds:

Local funds 1,177,700

Total local revenues 1,177,700

Private funds 451,700

Total private revenues 451,700

Air emissions fees 10,855,000

Aboveground storage tank fees 686,000

CESARS service fee 23,500

Cleanup and redevelopment fund 23,013,400

Drinking water revolving fund 5,706,400

Emergency response fund 3,000,000

Environmental education fund 148,400

Environmental pollution prevention fund 1,009,600

Environmental protection fund 7,000,000

Environmental protection bond fund 857,100

Environmental response fund 8,867,400

Environmental training revenue 266,200

Fees and collections 696,800

Great Lakes protection fund 1,000,000

Hazardous waste facility closure revenue 1,000,000

Land and water permit fees 2,495,100

Landfill maintenance trust fund 44,700

Metallic mining surveillance fee revenue 62,800

Medical waste fees 382,100

Michigan underground storage tank financial assurance fund 62,087,100

Mineral well regulatory fee revenue 400,000

Oil and gas surveillance fee revenue 8,834,100

Orphan well fund 1,307,800

Publication revenue 100,000

Public utility assessments 880,000

Public water supply fees 4,619,500

Sand extraction fee revenue 176,300

Scrap tire regulatory fund 3,918,600

Septage waste license fees 200,000

Settlement funds 4,286,300

Sewage sludge land application fees 650,000

Solid waste facility closure revenue 1,000,000

Solid waste program fees 1,095,400

Storm water permit fees 1,231,900

State water pollution control revolving fund 3,023,700

Underground storage tank fees 6,324,600

Waste reduction fee revenue 3,774,000

Wastewater operator training fees 72,500

Water analysis fees 1,764,900

Water use reporting fees 54,100

Total other state restricted revenues 172,915,300

State general fund/general purpose $ 92,561,300

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 6.0

Full-time equated classified positions 13.0

Unclassified salaries $ 441,000

Equal employment opportunity office--1.0 FTE position 75,100

Executive direction--8.0 FTE positions 1,007,400

Office of the Great Lakes--4.0 FTE positions 747,100

GROSS APPROPRIATION $ 2,270,600

Appropriated from:

Federal revenues:

DOI-federal 50,000

EPA-federal 217,400

Special revenue funds:

Environmental education fund 148,400

Environmental response fund 44,500

Oil and gas surveillance fee revenue 93,000

Settlement funds 315,000

State general fund/general purpose $ 1,402,300

Sec. 103. PROGRAM SUPPORT SERVICES

Full-time equated classified positions 67.5

Financial support services--24.5 FTE positions $ 1,361,200

Field operations support--20.0 FTE positions 1,325,100

Automated data processing--2.0 FTE positions 5,913,800

Office of special environmental projects--6.0 FTE positions 554,600

Personnel--11.0 FTE positions 652,100

Administrative hearings--4.0 FTE positions 357,100

GROSS APPROPRIATION $ 10,163,900

Appropriated from:

Interdepartmental grant revenues:

IDT-interdivisional charges 5,762,900

Federal revenues:

EPA, LUST trust 22,000

EPA, superfund 68,600

Special revenue funds:

Environmental protection bond fund 17,000

Environmental response fund 734,600

Land and water permit fees 30,500

Michigan underground storage tank financial assurance fund 157,200

Public water supply fees 150,400

Oil and gas surveillance fee revenue 366,900

Scrap tire regulatory fund 30,400

Settlement funds 192,900

State general fund/general purpose $ 2,630,500

Sec. 104. DEPARTMENTAL OPERATION SUPPORT

Building occupancy charges $ 2,073,100

Rent-privately owned property 4,580,200

Publications 100,000

GROSS APPROPRIATION $ 6,753,300

Appropriated from:

Special revenue funds:

Air emissions fees 303,000

Environmental pollution prevention fund 36,200

Environmental response fund 415,000

Fees and collections 49,800

Land and water permit fees 62,100

Medical waste fees 17,400

Michigan underground storage tank financial assurance fund 131,300

Oil and gas surveillance fee revenue 268,900

Publication revenue 100,000

Public utility assessments 11,300

Public water supply fees 156,700

Scrap tire regulatory fund 33,700

Solid waste program fees 40,100

Storm water permit fees 43,100

Waste reduction fee revenue 52,000

State water pollution control revolving fund 79,200

Water analysis fees 87,100

Water use reporting fees 3,900

Underground storage tank fees 176,100

State general fund/general purpose $ 4,686,400

Sec. 105. GEOLOGICAL SURVEY

Full-time equated classified positions 89.5

Services to oil and gas programs--80.0 FTE positions $ 8,173,100

Well plugging-orphan wells--2.5 FTE positions 1,307,800

Coal and sand dune management--3.0 FTE positions 577,800

Mineral wells management--3.0 FTE positions 400,000

Metallic mining reclamation program--1.0 FTE position 62,800

GROSS APPROPRIATION $ 10,521,500

Appropriated from:

Federal revenues:

DOI-federal 401,500

Special revenue funds:

Environmental response fund 69,100

Metallic mining surveillance fee revenue 62,800

Mineral well regulatory fee revenue 400,000

Oil and gas surveillance fee revenue 7,982,100

Orphan well fund 1,307,800

Sand extraction fee revenue 176,300

State general fund/general purpose $ 121,900

Sec. 106. LAND AND WATER MANAGEMENT

Full-time equated classified positions 145.0

Land and water administration--15.5 FTE positions $ 1,190,800

Field permitting and project assistance--74.5 FTE positions 5,781,500

Dam safety, erosion control and clean lakes--25.0 FTE positions 1,977,600

Looking Glass River watershed 60,000

Great Lakes shorelands--30.0 FTE positions 3,015,700

GROSS APPROPRIATION $ 12,025,600

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT-Michigan transportation fund 780,000

Federal revenues:

EPA-federal 657,800

DOC-federal 1,398,000

FEMA-federal 237,100

Special revenue funds:

Local funds 144,000

Land and water permit fees 2,402,500

State general fund/general purpose $ 6,406,200

Sec. 107. AIR QUALITY

Full-time equated classified positions 221.5

Air quality programs--57.0 FTE positions $ 4,718,500

Clean air act implementation--164.5 FTE positions 12,738,400

GROSS APPROPRIATION $ 17,456,900

Appropriated from:

Federal revenues:

EPA-federal 3,135,300

Special revenue funds:

Environmental response fund 79,300

Air emissions fees 8,294,900

State general fund/general purpose $ 5,947,400

Sec. 108. SURFACE WATER QUALITY

Full-time equated classified positions 207.5

Surface water compliance program--81.0 FTE positions $ 5,666,300

Surface water permits program--32.0 FTE positions 3,347,000

Surface water surveillance program--70.5 FTE positions 6,942,900

State and local water quality management planning--9.5 FTE positions 1,620,900

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

Storm water discharge program--12.5 FTE positions 1,117,300

Sewage sludge land application program--2.0 FTE positions 650,000

Fish contaminant monitoring contracts 321,000

GROSS APPROPRIATION $ 19,715,400

Appropriated from:

Federal revenues:

EPA-federal 6,993,500

Special revenue funds:

Local funds 1,033,700

CESARS service fee 23,500

Environmental response fund 132,200

Sewage sludge land application fees 650,000

State water pollution control revolving fund 536,100

Storm water permit fees 1,111,100

State general fund/general purpose $ 9,235,300

Sec. 109. DRINKING WATER PROTECTION AND RADIOLOGICAL HEALTH

Full-time equated classified positions 199.7

Drinking water--81.2 FTE positions $ 12,216,100

Environmental health--31.0 FTE positions 3,375,200

Laboratory services--69.0 FTE positions 5,582,300

Radiological protection--18.5 FTE positions 1,491,100

Center for applied environmental research and outreach 170,000

GROSS APPROPRIATION $ 22,834,700

Appropriated from:

Interdepartmental grant revenues:

IDG-MSP 578,200

Federal revenues:

Federal revenues 10,100

DOD-federal 111,500

EPA-federal 949,500

EPA-GWDW 3,508,700

Special revenue funds:

Private funds 123,100

Drinking water revolving fund 3,191,000

Medical waste fees 364,700

Public water supply fees 2,898,800

Settlement funds 324,600

Water analysis fees 1,677,800

Water use reporting fees 50,200

Fees and collections 647,000

State general fund/general purpose $ 8,399,500

Sec. 110. LOW LEVEL RADIOACTIVE WASTE AUTHORITY

Full-time equated classified positions 3.0

Low level radioactive waste authority--3.0 FTE positions $ 868,700

GROSS APPROPRIATION $ 868,700

Appropriated from:

Special revenue funds:

Public utility assessments 868,700

State general fund/general purpose $ 0

Sec. 111. ENVIRONMENTAL RESPONSE

Full-time equated classified positions 263.0

Environmental cleanup and redevelopment program $ 26,232,000

Federal cleanup project management--52.0 FTE positions 4,951,600

Superfund cleanup 7,250,000

Contaminated site investigations, cleanup and revitalization--211.0 FTE positions 14,933,400

Emergency cleanup action 2,000,000

State cleanup (Part 201 of Public Act 451 of 1994) 3,397,700

Revitalization revolving loan fund 7,000,000

GROSS APPROPRIATION $ 65,764,700

Appropriated from:

Federal revenues:

DOD-federal 823,900

EPA-federal 1,366,700

EPA, superfund 8,314,800

Special revenue funds:

Private funds 128,600

Cleanup and redevelopment fund 15,113,400

Environmental protection fund 7,000,000

Environmental response fund 6,360,900

Landfill maintenance trust fund 44,700

Settlement funds 2,438,100

State general fund/general purpose $ 24,173,600

Sec. 112. STORAGE TANKS

Full-time equated classified positions 120.5

Michigan underground storage tank financial assurance program--36.5 FTE positions $ 61,698,700

MUSTFA emergency response fund 3,000,000

Underground storage tank program--45.0 FTE positions 6,413,100

Aboveground storage tank program--9.0 FTE positions 686,000

Leaking underground storage tank cleanup program 8,900,000

Emergency cleanup action 2,000,000

Leaking underground storage tank program--30.0 FTE positions 4,240,800

GROSS APPROPRIATION $ 86,938,600

Appropriated from:

Federal revenues:

EPA, LUST trust 3,209,000

EPA, UST 262,600

Special revenue funds:

Aboveground storage tank fees 686,000

Cleanup and redevelopment fund 5,900,000

Emergency response fund 3,000,000

Environmental response fund 1,031,800

Michigan underground storage tank financial assurance fund 61,698,700

Underground storage tank fees 6,148,500

State general fund/general purpose $ 5,002,000

Sec. 113. WASTE MANAGEMENT

Full-time equated classified positions 149.0

Administration and technical support--20.0 FTE positions $ 1,436,700

Compliance and enforcement--76.0 FTE positions 4,357,500

Hazardous waste permits--25.0 FTE positions 1,795,100

Hazardous waste disposal facility closures 1,000,000

Groundwater permits--17.0 FTE positions 1,256,000

Solid waste program--11.0 FTE positions 1,225,200

Special federal grants 892,300

Solid waste disposal facility closures 1,000,000

GROSS APPROPRIATION $ 12,962,800

Appropriated from:

Federal revenues:

EPA-federal 3,101,900

Special revenue funds:

Hazardous waste facility closure revenue 1,000,000

Solid waste facility closure revenue 1,000,000

Solid waste program fees 1,055,300

Environmental pollution prevention fund 973,400

Scrap tire regulatory fund 852,700

Settlement funds 233,900

State general fund/general purpose $ 4,745,600

Sec. 114. ENVIRONMENTAL ASSISTANCE DIVISION

Full-time equated classified positions 100.0

Environmental services--20.0 FTE positions $ 2,767,100

Pollution prevention outreach programs 200,000

Municipal assistance--39.5 FTE positions 3,093,200

Pollution prevention--25.0 FTE positions 2,068,100

Community right-to-know 150,000

Technical assistance--15.5 FTE positions 1,823,600

GROSS APPROPRIATION $ 10,102,000

Appropriated from:

Federal revenues:

EPA-federal 761,200

EPA-GWDW 106,500

Special revenue funds:

Private funds 200,000

Air emissions fees 592,300

Drinking water revolving fund 1,185,400

Environmental training revenue 266,200

Public water supply fees 13,600

Settlement revenue 76,900

State water pollution control revolving fund 2,408,400

Storm water permit fees 77,700

Waste reduction fee revenue 3,722,000

Wastewater operator training fees 72,500

State general fund/general purpose $ 619,300

Sec. 115. CRIMINAL INVESTIGATIONS

Full-time equated classified positions 20.0

Environmental investigations--20.0 FTE positions $ 1,605,700

GROSS APPROPRIATION $ 1,605,700

Appropriated from:

Federal revenues:

EPA-federal 119,100

EPA-OPM, environmental protection consolidated grants 4,100

Special revenue funds:

Michigan underground storage tank financial assurance fund 99,900

Oil and gas surveillance fee revenue 123,200

Scrap tire regulatory fund 51,800

Settlement funds 704,900

State general fund/general purpose $ 502,700

Sec. 116. GRANTS

Water pollution control and drinking water revolving funds $ 102,353,500

Noncommunity water grants 1,400,000

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

Land resource program grants 1,900,000

Federal - Nonpoint source water pollution grants 3,500,000

Big Rapids dam removal 100,000

Federal - Great Lakes remedial action plan grants 700,000

NPL-municipal landfill match grants 2,000,000

Great Lakes research and protection grants 1,000,000

Radon grants 135,000

Drinking water revolving fund implementation 1,330,000

Septage waste compliance grants 200,000

Scrap tire grants 2,950,000

GROSS APPROPRIATION $ 120,423,400

Appropriated from:

Federal revenues:

Federal revenues 85,000,000

DOC-federal 1,600,000

EPA-federal 4,590,000

Special revenue funds:

Air emissions fees 1,664,800

Cleanup and redevelopment fund 2,000,000

Drinking water revolving fund 1,330,000

Great Lakes protection fund 1,000,000

Public water supply fees 1,400,000

Scrap tire regulatory fund 2,950,000

Septage waste license fees 200,000

State general fund/general purpose $ 18,688,600

Sec. 118. BOND ADMINISTRATIVE SERVICES

Full-time equated classified positions 1.5

Field administration environmental protection bond--0.5 FTE position $ 28,800

Internal audit staff--1.0 FTE position 87,700

GROSS APPROPRIATION $ 116,500

Appropriated from:

Environmental protection bond fund 116,500

State general fund/general purpose $ 0

Sec. 119. BOND WASTE MANAGEMENT

Full-time equated classified positions 8.0

Solid waste implementation staff--8.0 FTE positions $ 723,600

GROSS APPROPRIATION $ 723,600

Appropriated from:

Environmental protection bond fund 723,600

State general fund/general purpose $ 0".

2. Amend page 18, line 20, after "is" by striking out "$266,256,800.00" and inserting "$265,476,600.00".

3. Amend page 18, line 22, after "at" by striking out "$8,869,900.00" and inserting "$8,969,900.00".

4. Amend page 19, following line 5, by inserting:

"Big Rapids dam removal $ 100,000".

5. Amend page 19, line 6, by striking out "$8,869,900" and inserting "$8,969,000".

6. Amend page 26, following line 11, by striking out all of section 230 and inserting:

"Sec. 231. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 232. (1) This act includes funding for departmental operations financed in whole or in part from early retirement savings generated through the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f. The director shall provide a report that identifies all of the following:

(a) The amount of these early retirement savings realized in the 1997-98 fiscal year.

(b) The amount of these early retirement savings explicitly earmarked and spent for technology improvements in the 1997-98 fiscal year.

(2) The report required under subsection (1) shall be provided to the house and senate appropriations committees and to the house and senate fiscal agencies on or before December 15, 1998.

Sec. 233. Within 10 working days after formal presentation of the executive budget, the state budget director shall report to the members of the senate and house appropriations committees and the senate and house fiscal agencies on the amounts and sources of all capped federal funds, special revenue funds as defined in the state of Michigan's comprehensive annual financial report, and the healthy Michigan fund, and an accounting of the state departments or agencies in which the executive budget proposes to spend the funds.

Sec. 234. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

Sec. 235. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.".

7. Amend page 27, following line 11, by inserting:

"Sec. 403. From the increase in oil and gas surveillance fees, as a result of enactment of House Bill Nos. 5294 and 5399 of the 89th Legislature, the department shall provide the necessary technology and assistance to the public service commission, the department of natural resources, and the department of treasury to implement the uniform reporting requirements relating to oil and gas volumes and values pursuant to recommendations of the state auditor general's performance audit of oil and natural gas production reporting.".

8. Amend page 40, line 9, by striking out all of section 1407 and inserting:

"Sec. 1408. Of the funds appropriated in section 116 for Great Lakes research and protection fund grants, the department shall designate $100,000.00 for research on the adequacy of department standards to protect children's health. The department shall recommend changes in air, water, and waste standards in a report to the legislature to promote the protection of Michigan children from environmental pollution. This report shall be provided to the house and senate appropriations subcommittees on environmental quality and the house and senate fiscal agencies by September 30, 1999.".

Second: That the House and Senate agree to the title of the bill to read as follows:

Paul Tesanovich

Michael A. Prusi

William R. Bobier

Conferees for the House

George A. McManus, Jr.

Harry Gast

Alma Wheeler Smith

Conferees for the Senate

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.626 Yeas--35

Bennett Dingell Koivisto Schwarz

Berryman Dunaskiss McManus Shugars

Bullard Emmons Miller Smith, A.

Byrum Gast North Smith, V.

Cherry Geake O'Brien Steil

Cisky Gougeon Peters Stille

Conroy Hart Posthumus Vaughn

DeBeaussaert Hoffman Rogers Young

DeGrow Jaye Schuette

Nays--1

Bouchard

Excused--1

VanRegenmorter

Not Voting--0

In The Chair: Schwarz

Senator VanRegenmorter entered the Senate Chamber.

House Bill No.5590, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers. The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 5590, entitled

Recommends:

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

Second: That the House and Senate 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 part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the family independence agency for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

FAMILY INDEPENDENCE AGENCY

Full-time equated classified positions 13,465.3

Full-time equated unclassified positions 6.0

Total full-time equated positions 13,471.3

GROSS APPROPRIATION $ 2,925,798,400

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers $ 150,000

ADJUSTED GROSS APPROPRIATION $ 2,925,648,400

Federal revenues:

Total federal revenues 1,714,487,600

Special revenue funds:

Total private revenues 7,731,100

Total local revenues 67,897,200

Total other state restricted revenues 92,532,500

State general fund/general purpose $ 1,043,000,000

Sec. 102. EXECUTIVE OPERATIONS

Total full-time equated positions 936.3

Full-time equated unclassified positions 6.0

Full-time equated classified positions 930.3

Other unclassified salaries--6.0 FTE positions $ 478,000

Salaries and wages--727.3 FTE positions 32,965,300

Contractual services, supplies, and materials 10,330,300

Demonstration projects--11.0 FTE positions 10,605,700

End user support 4,916,000

Computer service fees 12,931,700

ASSIST project--25.0 FTE positions 33,846,500

Data system enhancement--26.0 FTE positions 12,620,300

Child support automation--25.0 FTE positions 26,461,100

Child support distribution computer system 625,000

Commission on disability concerns--8.0 FTE positions 759,600

Commission for the blind--108.0 FTE positions 17,060,200

GROSS APPROPRIATION $ 163,599,700

Appropriated from:

Interdepartmental grant revenues:

IDG-ADP user fees 150,000

Federal revenues:

Total federal revenues 92,521,800

Special revenue funds:

Total private revenues 1,840,000

Total local revenues 475,000

Total other state restricted revenues 477,300

State general fund/general purpose $ 68,135,600

Sec. 103. FAMILY SERVICES ADMINISTRATION

Full-time equated classified positions 397.0

Salaries and wages--320.0 FTE positions $ 14,810,500

Contractual services, supplies, and materials 6,896,500

Child support incentive payments 32,409,600

Legal support contracts 87,853,700

Supplemental security income advocates, salaries and wages--17.0 FTE positions 1,044,100

State incentive payments 4,449,000

Employment and training support services 24,926,700

Food stamp issuance 5,374,400

High school completion project--5.0 FTE positions 358,400

Wage employment verification reporting--2.0 FTE positions 5,030,000

Urban and rural empowerment/enterprise zones 100

Training and staff development--53.0 FTE positions 9,513,100

Community services block grants 18,100,000

GROSS APPROPRIATION $ 210,766,100

Appropriated from:

Federal revenues:

Total federal revenues 182,141,000

Special revenue funds:

Total local revenues 340,000

State general fund/general purpose $ 28,285,100

Sec. 104. CHILD AND FAMILY SERVICES

Full-time equated classified positions 104.3

Salaries and wages--53.3 FTE positions $ 2,667,200

Contractual services, supplies, and materials 1,782,000

Refugee assistance program--9.0 FTE positions 7,377,100

County juvenile officers 3,742,700

Foster care payments 255,924,100

Adoption subsidies 122,871,200

Youth in transition--20.0 FTE positions 10,256,900

Interstate compact 300,000

Child care fund 70,217,600

Children's benefit fund donations 21,000

Domestic violence prevention and treatment--1.0 FTE position 5,662,200

Teenage parent counseling--3.0 FTE positions 3,405,200

Family preservation and prevention services--13.0 FTE positions 73,715,500

Black child and family institute 100,000

Rape prevention and services 1,100,000

Children's trust fund administration--4.0 FTE positions 330,300

Children's trust fund grants 3,615,000

Attorney general contract 1,708,700

Guardian contract 600,000

County shelters 200,000

Prosecuting attorney contracts--1.0 FTE position 1,061,700

GROSS APPROPRIATION $ 566,658,400

Appropriated from:

Federal revenues:

Total federal revenues 275,841,100

Special revenue funds:

Private-children's benefit fund donations 21,000

Private-collections 4,101,300

Local funds - county payback 27,643,200

Children's trust fund 2,070,300

State general fund/general purpose $ 256,981,500

Sec. 105. DELINQUENCY SERVICES

Full-time equated classified positions 1,211.1

Personnel payroll costs--916.2 FTE positions $ 47,390,400

Delinquency services operations 14,528,500

Residential care centers--45.0 FTE positions 2,518,100

Genesee valley and Detroit detention centers--210.2 FTE positions 14,389,900

Federally funded activities--26.1 FTE positions 1,813,800

W.J. Maxey memorial fund 45,000

Regional detention services--10.6 FTE positions 1,207,300

Juvenile accountability incentive block grant 6,128,200

Juvenile boot camp program 2,300,000

Committee on juvenile justice administration--3.0 FTE positions 269,300

Committee on juvenile justice grants 7,000,000

Alternative delinquency services 100

GROSS APPROPRIATION $ 97,590,600

Appropriated from:

Federal revenues:

Total federal revenues 25,043,700

Special revenue funds:

Total private revenues 45,000

Local funds - county payback 38,941,500

State general fund/general purpose $ 33,560,400

Sec. 106. LOCAL OFFICE STAFF AND OPERATIONS

Full-time equated classified positions 10,196.9

Field staff, salaries and wages--7,278.5 FTE positions $ 278,246,100

Children and adult services, salaries and wages--2,797.9 FTE positions 111,465,700

Contractual services, supplies, and materials 24,167,900

Outstationed eligibility workers--30.0 FTE positions 3,497,800

Volunteer services and reimbursement--90.5 FTE positions 6,925,200

GROSS APPROPRIATION $ 424,302,700

Appropriated from:

Federal revenues:

Total federal revenues 263,281,700

Special revenue funds:

Local funds - donated funds 193,100

Private funds - hospital contributions 1,723,800

State general fund/general purpose $ 159,104,100

Sec. 107. DISABILITY DETERMINATION SERVICES

Full-time equated classified positions 602.0

Disability determination operations--602.0 FTE positions $ 66,616,000

GROSS APPROPRIATION $ 66,616,000

Appropriated from:

Federal revenues:

Total federal revenues 66,616,000

State general fund/general purpose $ 0

Sec. 108. CENTRAL SUPPORT ACCOUNTS

Rent $ 49,521,100

Occupancy charge 5,308,500

Travel 7,982,400

Equipment 3,022,900

Worker's compensation 5,166,900

Advisory commissions 17,900

Payroll taxes and fringe benefits 148,928,100

GROSS APPROPRIATION $ 219,947,800

Appropriated from:

Federal revenues:

Total federal revenues 123,963,700

Special revenue funds:

Departmentwide lapse revenue 8,024,200

Local funds - county payback 304,400

State general fund/general purpose $ 87,655,500

Sec. 109. PUBLIC ASSISTANCE

Full-time equated classified positions 23.7

Family independence program $ 538,731,800

State disability assistance payments 23,738,100

Food stamp program benefits 132,000,000

State supplementation 57,653,600

State supplementation administration 2,502,000

Low-income energy assistance program--21.7 FTE positions 72,000,000

State emergency relief--2.0 FTE positions 38,700,000

Weatherization assistance 10,900,000

Day care services 300,091,600

GROSS APPROPRIATION $ 1,176,317,100

Appropriated from:

Federal revenues:

Total federal revenues 685,078,600

Special revenue funds:

Child support collections 70,160,600

Supplemental security income recoveries 5,800,000

Public assistance recoupment revenue 6,000,100

State general fund/general purpose $ 409,277,800".

2. Amend page 9, line 24, after "at" by striking out "$1,161,981,700.00" and inserting "$1,135,532,500.00".

3. Amend page 10, line 2, after "at" by striking out "$135,510,900.00" and inserting "$136,418,400.00".

4. Amend page 10, line 9, by striking out "61,096,500" and inserting "62,004,000".

5. Amend page 10, line 12, by striking out "135,510,900" and inserting "136,418,400".

6. Amend page 12, following line 6, by inserting:

"(b) "ASSIST" means automated social services information system." and relettering the remaining subdivisions.

7. Amend page 12, line 10, after "families" by inserting "(TANF)".

8. Amend page 13, line 1, by striking out all of section 210 and inserting:

"Sec. 210. Funds appropriated in part 1 shall not be used for the purchase of foreign goods and/or services if competitively priced American goods and/or services of comparable quality are available.".

9. Amend page 14, line 6, by striking out all of section 214 and inserting:

"Sec. 214. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.".

10. Amend page 14, line 25, by striking out all of section 217.

11. Amend page 16, line 26, by striking out all of section 222 and inserting:

"Sec. 222. Within 10 working days after formal presentation of the executive budget, the state budget director shall report to the members of the senate and house appropriations committees and the senate and house fiscal agencies on the amounts and sources of all capped federal funds, special revenue funds as defined in the state of Michigan's comprehensive annual financial report, and the healthy Michigan fund, and an accounting of the state departments or agencies in which the executive budget proposed to spend the funds.".

12. Amend page 17, line 16, by striking out all of sections 225, 226, and 227 and inserting:

"Sec. 225. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 226. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

Sec. 227. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.

Sec. 228. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act in accordance with section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act in accordance with section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act in accordance with section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $20,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act in accordance with section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.".

13. Amend page 21, line 11, after "data" by striking out "systems" and inserting "system".

14. Amend page 21, line 23, after the second "the" by striking out "assist" and inserting "ASSIST".

15. Amend page 22, line 2, by striking out all of section 401 and inserting:

"Sec. 401. (1) From the federal money received for child support incentive payments, up to $4,365,200.00 shall be retained by the state and expended for legal support contracts, state incentive payments, and salaries and wages for office of child support staff.

(2) At the end of the current fiscal year, the department may, when it is cost beneficial to the state and counties, withhold from submitting to the federal office of child support administrative expenses eligible for federal financial participation. The department may recoup earned but unclaimed federal funds from the resulting increased federal child support incentive. The recoupment by the department shall be made prior to distribution of the increased incentive to the counties. Any incentive funds retained by the state under this section shall be separate and apart from incentive funds retained in any other section of this act.

(3) A local friend of the court office shall not be required to pay any penalty due to the state's failure to meet federal child support requirements.".

16. Amend page 24, line 26, after "410." by inserting "(1)".

17. Amend page 24, line 27, after the first "agency" by striking out "as lead agency".

18. Amend page 25, following line 14, by inserting:

"(2) The 2 departments may retain a third party to conduct the study under this section.".

19. Amend page 25, line 19, after "requirements." by inserting "Funds under this section shall be spent to develop project zero services in Genesee County.".

20. Amend page 25, line 23, by striking out all of section 413 and inserting:

"Sec. 413. (1) The family independence agency together with the Michigan jobs commission or the designee of the Michigan jobs commission shall ensure that each individual's job readiness and any barriers to work of the individual including, but not limited to, household members' child care needs, health status, work and school schedules, domestic violence issues, education deficits or learning disabilities, lack of job skills, lack of transportation, and any other factors are assessed.

(2) A work first client must be informed of his or her right to request a face-to-face meeting with both his or her work first and family independence agency caseworkers if the client meets either of the following criteria:

(a) The client has been negatively terminated from work first at least once, has at least 1 child who has a severe physical or mental disability, and is likely to need publicly supported child care in order to maintain employment.

(b) The client has been negatively terminated from work first employment more than 3 times.

Sec. 414. From the funds appropriated in section 103 for employment and training support services, the department shall contract with Created for Caring for $100,000.00 to provide employment skills and opportunities support services.".

21. Amend page 29, line 14, after "against" by striking out "the" and inserting "a".

22. Amend page 29, line 18, after "against" by striking out "the" and inserting "a".

23. Amend page 31, line 21, after "515." by inserting "(1)".

24. Amend page 31, following line 25, by inserting:

"(2) In order to maintain this level of funding, the department may use up to $7,400,000.00 in TANF funds provided that the local multipurpose collaborative bodies submit data to the department that will enable the department to document potential federal claimable expenditures.

(3) No later than March 1, 1999, each local multipurpose collaborative body shall submit a report to the department that includes the number of people receiving strong families/safe children services, the local goals for this program, and a measure of the effectiveness in meeting these goals.".

25. Amend page 33, line 16, after the first "parents" by striking out the balance of the section and inserting a comma and "parents receiving adoption subsidies, and agencies' administrative rate by 3%. This increase takes effect on April1, 1999.".

26. Amend page 33, line 20, after "industry" by striking out the balance of the section and inserting a period and "The foster care training plan shall be submitted to the house and senate appropriations subcommittees on the family independence agency within 6 months after the training under this section begins.".

27. Amend page 33, following line 22, following section 522, by inserting:

"Sec. 523. From the funds appropriated in part 1 for foster care payments and related administrative costs, the department may implement the federally approved title IV-E child welfare waiver managed care demonstration project.".

28. Amend page 40, line 13, after "618." by inserting "(1)".

29. Amend page 40, line 13, after the first "agency" by striking out "as the lead agency".

30. Amend page 41, following line 3, by inserting:

"(2) The 2 departments may retain a third party to conduct the study under this section.".

31. Amend page 46, line 5, after "by" by striking out the balance of the section and inserting "56 FTEs.".

32. Amend page 46, line 12, after "by" by striking out "75" and inserting "50".

33. Amend page 46, line 20, after "that" by striking out "38" and inserting "25".

34. Amend page 46, line 21, after "and" by striking out "37" and inserting "25".

35. Amend page 48, line 25, by striking out all of sections 637 and 638 and inserting:

"Sec. 637. The department, in collaboration with the food bank council of Michigan and other private, nonprofit emergency food service providers, shall review recent studies on hunger and the need for emergency food as it pertains to Michigan. The review shall include estimates of the demand statewide for emergency food from food banks and sites where individuals receive prepared meals and other findings and recommendations on how the department can facilitate improvements in the statewide response to hunger. The department shall submit an action plan on how it will act to address these recommendations to the house and senate appropriations subcommittees on the family independence agency by December 31, 1998.".

36. Amend page 54, following line 26, by striking out all of sections 648, 649, and 650.

37. Amend page 54, following line 26, following section 651, by inserting:

"Sec. 655. Funds appropriated under this act shall not be used to pay for the purchase, installation, repair, or maintenance of any air-conditioning unit or equipment unless either of the following conditions is met:

(a) The recipient requesting the payment provides to the department a certificate from a physician stating that the air conditioning is medically required.

(b) The recipient is 55 years of age or older.".

38. Amend page 55, following line 25, by inserting:

"Sec. 703. Facilities funded under section 105 for delinquency services shall not be located within 1,500 feet of property in use for a K-12 educational program.

Sec. 704. Expansion of facilities funded under section 105 for delinquency services shall not be authorized by the joint capital outlay subcommittee of the appropriations committees until the department has held a public hearing in the community where the facility proposed to be expanded is located.

Sec. 705. A juvenile adjudicated and placed in a state operated maximum security program funded under section 105 for delinquency services shall not be allowed to leave the property of the maximum security facility at which the program is located except when required to leave the property for medical treatment, court appearances, or other good cause approved by the facility director. For purposes of this section, "juvenile" means that term as defined in section 115n of the social welfare act, 1939 PA 280, MCL 400.115n.".

Third: That the House and Senate agree to the title of the bill to read as follows:

Hubert Price, Jr.

Bob Emerson

Mark Jansen

Conferees for the House

R. Robert Geake

Glenn Steil

Joe Conroy

Conferees for the Senate

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.627 Yeas--35

Bennett Dunaskiss McManus Shugars

Bouchard Emmons Miller Smith, A.

Bullard Gast North Smith, V.

Byrum Geake O'Brien Steil

Cisky Gougeon Peters Stille

Conroy Hart Posthumus VanRegenmorter

DeBeaussaert Hoffman Rogers Vaughn

DeGrow Jaye Schuette Young

Dingell Koivisto Schwarz

Nays--2

Berryman Cherry

Excused--0

Not Voting--0

In The Chair: Schwarz

Senator DeGrow moved that the bill be given immediate effect.

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

Protest

Senator Berryman, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the conference report to House Bill No.5590.

Senator Berryman's statement is as follows:

Using my constitutional right to give a "no" vote explanation, I would like to state that, again, I think there are many policies within this budget that are very good and that they help individuals in the state. But there were also parts of this budget that I believe set policies that drive wedges between individuals in the state.

I think the wedge issues that divide people by social/economic class, divide people by race and by gender, and to give that explanation, Mr.President, of why I voted "no" and to tie it together were the two issues that this chamber voted for. One of the issues was left in the budget, and one was taken out. One was the air conditioning that no one in the state of Michigan, without a doctor's permission and 55 years and younger, could live in housing that is air conditioned. One, I think it's a ridiculous policy, but one that truly isn't meant to be policy because there is no way, Mr.President, I believe that the Department of FIA can monitor this. We don't have enough people to monitor abuse of children in the home, but yet, we're actually going to go out and monitor whether people on assistance are living in apartment buildings that have air conditioning? I think it truly is a political statement and not one that is really based in any reality. That was left in the budget.

What was taken out was the drug testing. This administration has a campaign ad out already that the whole 30 seconds talks about drug testing, and this chamber passed that and put it in this bill. If it really is that important to the Governor that you would spend the whole ad, the whole TV ad as drug testing welfare recipients, why would you so easily walk away from a conference report that takes it out? Because if it was law, if it did pass this body and it did become law of the FIA budget, that means it would take effect October 1 of this year, and it would no longer be a campaign issue. That's what this whole thing is based on and not about the actual care, about men and women who find themselves in circumstances where they need assistance from the state.

I think these policies, Mr.President, are divisive, and I think because of these kind of policies where we can divide people by economic class gives some demented individuals in this state and in this country, they think, the right to drag an individual behind a pick-up truck. That's what these kinds of policies, in my mind, promote, that we can debate here in this Senate chamber and in this state, policies that so demonize the poor that it actually gives somebody in their own mind the credibility that it's ok to grab a person, tie them up, and drag them behind a pickup.

Somewhere we're going to have to have a debate in this state and in this country that doesn't separate people by economic class or by race or by gender. The discussion that needs to occur sooner than later because these kinds of policies, I think, are tearing apart this state and tearing apart the country.

House Bill No.5595, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1999; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 5595, entitled

Recommends:

First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate and to the following amendments:

1. Amend page 2, line 1, by striking out all of part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, the legislative branch, and certain other state purposes, for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

TOTAL GENERAL GOVERNMENT

Full-time equated unclassified positions 42.0

Full-time equated classified positions 5,894.1

Full-time equated exempted positions 140.0

GROSS APPROPRIATION $ 2,303,599,800

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers $ 125,162,700

ADJUSTED GROSS APPROPRIATION $ 2,178,437,100

Federal revenues:

Total federal revenues 53,857,400

Special revenue funds:

Total local revenues 3,437,000

Total private revenues 2,652,500

Total other state restricted revenues 1,664,940,700

State general fund/general purpose $ 453,549,500

Sec. 102. DEPARTMENT OF ATTORNEY GENERAL

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 565.0

GROSS APPROPRIATION $ 52,501,300

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 8,177,800

ADJUSTED GROSS APPROPRIATION $ 44,323,500

Federal revenues:

Total federal revenues 6,242,100

Special revenue funds:

Total local revenues 0

Total private revenues 1,068,900

Total other state restricted revenues 6,440,300

State general fund/general purpose $ 30,572,200

(2) ATTORNEY GENERAL OPERATIONS

Full-time equated unclassified positions 6.0

Full-time equated classified positions 565.0

Attorney general $ 124,900

Unclassified positions--5.0 FTE positions 249,400

Attorney general operations--546.5 FTE positions 50,349,900

Prosecuting attorneys coordinating council--18.5 FTE positions 1,477,100

PACC, training project 300,000

GROSS APPROPRIATION $ 52,501,300

Appropriated from:

Interdepartmental grant revenues:

IDG from FIA 1,621,700

IDG from MDCIS, liquor purchase revolving fund 774,600

IDG from MDCIS, public utility assessments 1,469,500

IDG from MDCIS, health services 867,900

IDG from MDCIS, financial and insurance services 91,800

IDG from MDSP, Michigan justice training fund 300,000

IDG from MDOT, state aeronautics fund 109,800

IDG from MDOT, state trunkline fund 2,246,400

IDG from MDOT, comprehensive transportation fund 116,600

IDG from Michigan gaming control board 579,500

Federal revenues:

DAG, state administrative match grant/food stamps 958,100

DED-OPSE, student loan, federal lender allowance 256,900

DOL-ETA, unemployment insurance 1,220,300

DOL-OSHA, occupational safety and health 237,800

EPA, multiple grants 329,000

Federal funds 491,100

HHS-OS, state Medicaid fraud control units 2,260,000

HHS, medical assistance, medigrant 488,900

Special revenue funds:

Private - accident fund company revenue 1,068,900

Antitrust enforcement collections 278,100

Auto repair facilities fees 170,700

Collections revenue 532,400

Corporate fees 56,200

Franchise fees 213,700

Game and fish protection fund 605,300

Low level radioactive waste management fund 221,600

Michigan state housing development authority fees 428,700

Michigan underground storage tank financial assurance fund 141,900

Mobile home commission fees 163,400

Oil and gas privilege fee revenue 126,300

Prisoner reimbursement 267,400

Prosecuting attorneys training fees 236,800

Retirement funds 392,400

Second injury fund 827,600

Securities fees 56,200

Self-insurers security fund 141,900

Silicosis and dust disease fund 422,800

State building authority revenue 70,900

State hospital authority 279,400

State lottery fund 183,600

Utility consumers fund 433,100

Waterways fund 73,300

Worker's compensation administrative revolving fund 116,600

State general fund/general purpose $ 30,572,200

Sec. 103. DEPARTMENT OF CIVIL RIGHTS

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 5.0

Full-time equated classified positions 166.5

GROSS APPROPRIATION $ 14,104,800

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 14,104,800

Federal revenues:

Total federal revenues 1,600,000

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose 12,504,800

(2) CIVIL RIGHTS OPERATIONS

Full-time equated unclassified positions 5.0

Full-time equated classified positions 166.5

Commission (per diem $75.00) $ 16,200

Unclassified positions--5.0 FTE positions 323,400

Civil rights operations--166.5 FTE positions 13,765,200

GROSS APPROPRIATION $ 14,104,800

Appropriated from:

Federal revenues:

EEOC, state and local antidiscrimination agency contracts 1,500,000

HUD, grant 100,000

State general fund/general purpose $ 12,504,800

Sec. 104. DEPARTMENT OF CIVIL SERVICE

(1) APPROPRIATION SUMMARY:

Full-time equated classified positions 230.5

GROSS APPROPRIATION $ 27,415,600

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 2,133,700

ADJUSTED GROSS APPROPRIATION $ 25,281,900

Federal revenues:

Total federal revenues 1,279,100

Special revenue funds:

Total local revenues 500,000

Total private revenues 49,100

Total other state restricted revenues 10,669,000

State general fund/general purpose $ 12,784,700

(2) CIVIL SERVICE OPERATIONS

Full-time equated classified positions 230.5

Civil service operations--230.5 FTE positions $ 27,415,600

GROSS APPROPRIATION $ 27,415,600

Appropriated from:

Interdepartmental grant revenues:

IDG, training charges 575,000

IDG, 1% special funds 1,558,700

Federal revenues:

Federal funds 1% 1,279,100

Special revenue funds:

Local funds 1% 500,000

Private funds 1% 49,100

State restricted funds 1% 8,009,800

Data services revenue 8,100

Freedom of information fees 1,100

State sponsored group insurance 2,650,000

State general fund/general purpose $ 12,784,700

Sec. 105. EXECUTIVE OFFICE

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 10.0

Full-time equated classified positions 75.0

GROSS APPROPRIATION $ 5,100,400

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 5,100,400

Federal revenues:

Total federal revenues 0

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 5,100,400

(2) EXECUTIVE OFFICE OPERATIONS

Full-time equated unclassified positions 10.0

Full-time equated classified positions 75.0

Governor $ 130,800

Lieutenant governor 96,500

Executive office--75.0 FTE positions 4,187,900

Unclassified positions--8.0 FTE positions 685,200

GROSS APPROPRIATION $ 5,100,400

Appropriated from:

State general fund/general purpose $ 5,100,400

Sec. 106. LEGISLATIVE AUDITOR GENERAL

(1) APPROPRIATION SUMMARY:

GROSS APPROPRIATION $ 13,804,300

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 1,527,100

ADJUSTED GROSS APPROPRIATION $ 12,277,200

Federal revenues:

Total federal revenues 0

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 293,800

State general fund/general purpose $ 11,983,400

(2) OFFICE OF THE AUDITOR GENERAL

Legislative auditor general $ 106,000

Unclassified positions 115,200

Field operations 13,583,100

GROSS APPROPRIATION $ 13,804,300

Appropriated from:

Interdepartmental grant revenues:

IDG from MDCIS, liquor purchase revolving fund 79,300

IDG from MDCS 67,100

IDG from MDOT, comprehensive transportation fund 38,900

IDG from MDOT, Michigan transportation fund 101,800

IDG from MDOT, state aeronautics fund 15,400

IDG from MDOT, state trunkline fund 381,100

IDG, single audit act 843,500

Special revenue funds:

Construction lien fund 5,000

Contract audit administration fees 46,000

Correctional industries revolving fund 31,800

Game and fish protection fund 17,100

Marine safety fund 1,500

Michigan state housing development authority fees 40,000

Michigan veterans trust fund 14,100

Motor transport revolving fund 24,800

Office services revolving fund 33,200

Retirement funds 49,600

State employees' group insurance 26,200

Waterways fund 4,500

State general fund/general purpose $ 11,983,400

Sec. 107. LEGISLATURE

(1) APPROPRIATION SUMMARY:

GROSS APPROPRIATION $ 90,987,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 90,987,000

Federal revenues:

Total federal revenues 0

Special revenue funds:

Total local revenues 0

Total private revenues 400,000

Total other state restricted revenues 1,041,800

State general fund/general purpose $ 89,545,200

(2) LEGISLATURE

Senate $ 24,599,900

Senate automated data processing 1,444,300

Senate fiscal agency 3,154,200

House of representatives 36,453,400

House automated data processing 1,979,500

House fiscal agency 3,002,400

GROSS APPROPRIATION $ 70,633,700

Appropriated from:

State general fund/general purpose $ 70,633,700

(3) LEGISLATIVE COUNCIL

Legislative council $ 10,372,600

Legislative service bureau automated data processing 1,222,300

Legislative session integration system 764,900

Legislative corrections ombudsman 325,000

Worker's compensation 154,800

National association dues 374,400

Trial court assessment commission 279,900

GROSS APPROPRIATION $ 13,493,900

Appropriated from:

Special revenue funds:

Private - gifts and bequests revenues 400,000

State general fund/general purpose $ 13,093,900

(4) LEGISLATIVE RETIREMENT SYSTEM

General nonretirement expenses $ 3,910,000

GROSS APPROPRIATION $ 3,910,000

Appropriated from:

Special revenue funds:

Court fees 1,041,800

State general fund/general purpose $ 2,868,200

(5) PROPERTY MANAGEMENT

Capitol building $ 1,820,000

Roosevelt building 564,700

Farnum building 564,700

GROSS APPROPRIATION $ 2,949,400

Appropriated from:

State general fund/general purpose $ 2,949,400

Sec. 108. LIBRARY OF MICHIGAN

(1) APPROPRIATION SUMMARY:

Full-time equated exempted positions 140.0

GROSS APPROPRIATION $ 37,249,100

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 37,249,100

Federal revenues:

Total federal revenues 4,109,800

Special revenue funds:

Total local revenues 0

Total private revenues 75,000

Total other state restricted revenues 86,900

State general fund/general purpose $ 32,977,400

(2) LIBRARY OF MICHIGAN

Full-time equated exempted positions 140.0

Operations--110.0 FTE positions $ 7,572,900

Michigan library and historical center operations--30.0 FTE positions 2,690,700

Library automation 536,600

Statewide database access 500,000

Collected gifts and fees 161,900

State aid to libraries 14,210,700

Grant to the Detroit public library 5,871,600

Grand Rapids public library 406,400

Subregional state aid 554,300

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

Book distribution centers 285,000

Library services and technology act 4,109,800

Renaissance zone reimbursement 300,000

GROSS APPROPRIATION $ 37,249,100

Appropriated from:

Federal revenues:

Library services and technology act 4,109,800

Special revenue funds:

Private - gifts and bequests revenues 75,000

User fees 86,900

State general fund/general purpose $ 32,977,400

Sec. 109. DEPARTMENT OF MANAGEMENT AND BUDGET

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 942.0

GROSS APPROPRIATION $ 133,640,200

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 51,115,800

ADJUSTED GROSS APPROPRIATION $ 82,524,400

Federal revenues:

Total federal revenues 590,700

Special revenue funds:

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 37,253,700

State general fund/general purpose $ 44,680,000

(2) MANAGEMENT AND BUDGET SERVICES

Full-time equated unclassified positions 6.0

Full-time equated classified positions 780.0

Unclassified positions--6.0 FTE positions $ 500,700

Departmentwide services--62.0 FTE positions 13,010,100

Statewide administrative services--251.0 FTE positions 23,520,300

Statewide support services--356.0 FTE positions 46,309,400

Michigan administrative information network--111.0 FTE positions 24,469,000

GROSS APPROPRIATION $ 107,809,500

Appropriated from:

Interdepartmental grant revenues:

IDG from building occupancy and parking charges 45,134,000

IDG from MDCH 235,000

IDG from MDOT, comprehensive transportation fund 27,200

IDG from MDOT, Michigan transportation fund 349,400

IDG from MDOT, state aeronautics fund 43,000

IDG from MDOT, state trunkline fund 578,600

IDG from MJC 100,000

IDG from user fees 3,433,600

Federal revenues:

Federal - MESA, administration fund 590,700

Special revenue funds:

Game and fish protection fund 187,400

Marine safety fund 39,700

MAIN user charges 3,684,800

Risk management fund 1,123,100

Special revenue, internal service, and pension trust funds 6,427,400

State building authority revenue 289,800

State lottery fund 54,300

State-sponsored group insurance, flexible spending accounts, and COBRA 4,570,400

Waterways fund 36,600

State general fund/general purpose $ 40,904,500

(3) STATEWIDE APPROPRIATIONS

Professional development fund - MPES $ 90,000

Professional development fund - MSC 150,000

Professional development fund - UAW 900,000

Professional development fund - local 31-M 25,000

Professional development fund - nonexclusively represented employees 50,000

GROSS APPROPRIATION $ 1,215,000

Appropriated from:

Interdepartmental grant revenues:

IDG from employer contributions 1,215,000

State general fund/general purpose $ 0

(4) SPECIAL PROGRAMS

Full-time equated classified positions 162.0

Building occupancy charges - property management services for executive/legislative

building occupancy $ 2,618,400

Retirement services--148.0 FTE positions 20,840,200

Office of children's ombudsman--14.0 FTE positions 1,157,100

GROSS APPROPRIATION $ 24,615,700

Appropriated from:

Special revenue funds:

Pension trust funds 20,840,200

State general fund/general purpose $ 3,775,500

Sec. 110. DEPARTMENT OF STATE

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 2,008.1

GROSS APPROPRIATION $ 170,157,900

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 46,604,600

ADJUSTED GROSS APPROPRIATION $ 123,553,300

Federal revenues:

Total federal revenues 959,600

Special revenue funds:

Total local revenues 0

Total private revenues 884,500

Total other state restricted revenues 59,227,200

State general fund/general purpose $ 62,482,000

(2) EXECUTIVE DIRECTION

Full-time equated unclassified positions 6.0

Full-time equated classified positions 23.2

Secretary of state $ 124,900

Unclassified positions--5.0 FTE positions 431,600

Operations--23.2 FTE positions 1,398,400

GROSS APPROPRIATION $ 1,954,900

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 331,000

Special revenue funds:

Auto repair facilities fees 46,700

Driver fees 68,500

Expedient service fees 38,700

Look-up fees 329,900

Parking ticket court fines 6,100

Personal identification card fees 9,300

Reinstatement fees - operator licenses 81,300

Vehicle theft prevention fees 26,800

State general fund/general purpose $ 1,016,600

(3) DEPARTMENT SERVICES

Full-time equated classified positions 371.0

Operations--163.8 FTE positions $ 16,917,100

Auto regulation--104.7 FTE positions 6,879,000

Data processing--96.0 FTE positions 20,240,600

Assigned claims assessments--6.5 FTE positions 582,200

GROSS APPROPRIATION $ 44,618,900

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 11,742,000

Special revenue funds:

Administrative order processing fees 10,300

Assigned claims assessments 582,200

Auto repair facilities fees 4,099,700

Child support clearance fees 44,800

Driver fees 1,058,300

Expedient service fees 653,700

Look-up fees 8,896,300

Marine safety fund 63,100

Off-road vehicle title fees 6,700

Parking ticket court fines 120,000

Personal identification card fees 95,100

Reinstatement fees - operator licenses 844,900

Scrap tire fund 57,900

Snowmobile registration fee revenue 15,200

Vehicle theft prevention fees 1,467,700

State general fund/general purpose $ 14,861,000

(4) REGULATORY SERVICES

Full-time equated classified positions 85.8

Operations--85.8 FTE positions $ 6,150,700

GROSS APPROPRIATION $ 6,150,700

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 1,581,600

Special revenue funds:

Auto repair facilities fees 55,100

Driver fees 499,000

Expedient service fees 24,900

Look-up fees 2,085,300

Parking ticket court fines 6,900

Personal identification card fees 34,000

Reinstatement fees - operator licenses 438,400

Vehicle theft prevention fees 91,600

State general fund/general purpose $ 1,333,900

(5) CUSTOMER DELIVERY SERVICES

Full-time equated classified positions 1,426.9

Branch operations--1,011.4 FTE positions $ 60,823,500

Central records--380.3 FTE positions 25,017,700

Motor carrier services--19.0 FTE positions 1,062,700

Commemorative license plates--16.2 FTE positions 9,353,300

Specialty license plates 2,215,000

Olympic center plate 75,700

Organ donor program 104,000

GROSS APPROPRIATION $ 98,651,900

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 30,842,700

Special revenue funds:

Auto repair facilities fees 72,500

Child support clearance fees 319,600

Commercial driver training school fees 54,800

Driver fees 10,469,900

Expedient service fees 1,499,600

Look-up fees 14,677,000

Marine safety fund 870,700

Mobile home commission fees 361,400

Motorcycle safety fund 114,600

Off-road vehicle title fees 93,300

Olympic center training fund 75,700

Parking ticket court fines 1,270,200

Personal identification card fees 1,169,700

Reinstatement fees - operator licenses 1,772,900

Snowmobile annual permit fee revenue 127,800

Snowmobile registration fee revenue 214,600

Vehicle theft prevention fees 163,100

State general fund/general purpose $ 34,481,800

(6) ELECTION REGULATION AND DEPARTMENT POLICY AND PLANNING

Full-time equated classified positions 28.5

Election administration and services--28.5 FTE positions $ 2,040,400

Fees to local units 69,800

Qualified voter file 1,119,900

GROSS APPROPRIATION $ 3,230,100

Appropriated from:

State general fund/general purpose $ 3,230,100

(7) HISTORICAL PROGRAM

Full-time equated classified positions 72.7

Historical administration and services--63.3 FTE positions $ 4,234,800

Federal programs--8.9 FTE positions 959,600

Heritage publications 700,000

Mann house--0.5 FTE position 50,200

Private grants and gifts 834,300

GROSS APPROPRIATION $ 6,778,900

Appropriated from:

Federal revenues:

DOI-NPS, historic preservation grants-in-aid 764,600

Federal institute of museum services 50,000

DOI-NHPRC 70,000

DOC-NOAA, coastal zone management administration 75,000

Special revenue funds:

Private - grants and gifts 834,300

Private - Mann house trust fund 50,200

Heritage publication fund 700,000

State general fund/general purpose $ 4,234,800

(8) DEPARTMENTWIDE APPROPRIATIONS

Building occupancy charges - property management services $ 1,663,000

Private rent 6,351,000

Worker's compensation 758,500

GROSS APPROPRIATION $ 8,772,500

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 2,107,300

Special revenue funds:

Auto repair facilities fees 173,100

Driver fees 532,400

Expedient service fees 15,900

Look-up fees 2,046,000

Parking ticket court fines 574,000

State general fund/general purpose $ 3,323,800

Sec. 111. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY:

Full-time equated unclassified positions 9.0

Full-time equated classified positions 1,907.0

GROSS APPROPRIATION $ 1,758,639,200

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 15,603,700

ADJUSTED GROSS APPROPRIATION $ 1,743,035,500

Federal revenues:

Total federal revenues 39,076,100

Special revenue funds:

Total local revenues 2,937,000

Total private revenues 175,000

Total other state restricted revenues 1,549,928,000

State general fund/general purpose $ 150,919,400

(2) EXECUTIVE DIRECTION

Full-time equated unclassified positions 9.0

Full-time equated classified positions 4.0

Unclassified positions--9.0 FTE positions $ 726,200

Multistate tax commission dues 111,700

Office of the director--4.0 FTE positions 372,700

GROSS APPROPRIATION $ 1,210,600

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 69,800

Special revenue funds:

State lottery fund 85,900

State services fee fund 112,900

State general fund/general purpose $ 942,000

(3) DEPARTMENTWIDE APPROPRIATIONS

Rent $ 570,400

Travel 1,810,400

Building occupancy charges - property management services 2,336,800

Worker's compensation insurance premium 486,800

GROSS APPROPRIATION $ 5,204,400

Appropriated from:

Interdepartmental grant revenues:

IDG from MDOT, Michigan transportation fund 334,600

IDG from MDOT, state aeronautics fund 2,700

IDG, state agency collection fees 17,900

Special revenue funds:

Local - audit charges 80,600

Local - equalization study charge-backs 16,300

Delinquent property tax administration fund 127,000

Delinquent tax collection revenue 2,768,000

Municipal finance fees 76,000

Treasury fees 18,900

Waterways fund 2,300

State general fund/general purpose $ 1,760,100

(4) LOCAL GOVERNMENT PROGRAMS

Full-time equated classified positions 93.0

Supervision of the general property tax law--49.0 FTE positions $ 4,019,600

Property tax assessor training--4.0 FTE positions 336,200

Local property tax services--14.5 FTE positions 1,460,400

Local finance--25.5 FTE positions 1,830,600

State audits of counties 60,000

Pari-mutuel audits 240,000

GROSS APPROPRIATION $ 7,946,800

Appropriated from:

Special revenue funds:

Local - assessor training fees 336,200

Local - audit charges 988,300

Local - equalization study charge-backs 200,500

Local - revenue from local government 615,100

Delinquent property tax administration fund 1,420,700

Municipal finance fees 228,300

State general fund/general purpose $ 4,157,700

(5) TAX PROGRAMS

Full-time equated classified positions 908.5

Administration--236.0 FTE positions $ 17,130,400

Enforcement--664.5 FTE positions 41,621,600

Home heating assistance 1,600,000

Senior prescription drug credit processing 182,500

Michigan underground storage tank assurance fund--4.0 FTE positions 192,400

Tobacco tax collection--4.0 FTE positions 200,000

Joint federal/state motor fuel compliance project 100,000

Bottle bill implementation 250,000

Wage match verification reporting 1,545,000

ESKORT tax audit system 4,242,400

GROSS APPROPRIATION $ 67,064,300

Appropriated from:

Interdepartmental grant revenues:

IDG, data/collection services fees 250,900

IDG, state agency collection fees 280,400

IDG, warrant/lien processing fees 1,435,100

IDG from FIA 1,545,000

IDG from MDCH 200,000

IDG from MDOT, Michigan transportation fund 4,820,900

IDG from MDOT, state aeronautics fund 36,100

Federal revenues:

DOT-FHA, intermodal surface transportation efficiency act 100,000

HHS-SSA, low-income energy assistance 1,600,000

Special revenue funds:

Bottle deposit fund 250,000

Delinquent tax collection revenue 43,464,200

Escheats revenue 298,200

Michigan pharmaceutical 182,500

Michigan underground storage tank financial assurance revenue 192,400

Waterways fund 47,500

State general fund/general purpose $ 12,361,100

(6) MANAGEMENT PROGRAMS

Full-time equated classified positions 369.5

Department services--191.5 FTE positions $ 9,624,500

Information technology services--167.0 FTE positions 11,550,000

Receipt, warrant and cash processing 3,736,300

Fiscal agent--3.0 FTE positions 130,300

Child support order offsets--8.0 FTE positions 482,700

GROSS APPROPRIATION $ 25,523,800

Appropriated from:

Interdepartmental grant revenues:

IDG, fiscal agent service fees 130,300

IDG from MDOT, Michigan transportation fund 1,652,100

IDG from MDOT, state aeronautics fund 16,200

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

IDG, state agency collection fees 129,800

IDG, user services 492,500

IDG from FIA, title IV-D 453,100

Special revenue funds:

Children's trust fund 6,400

Delinquent property tax administration fund 17,300

Delinquent tax collection revenue 4,534,300

Garnishment fees 344,600

Treasury fees 145,000

Waterways fund 17,100

State general fund/general purpose $ 13,848,800

(7) FINANCIAL PROGRAMS

Full-time equated classified positions 286.0

Retirement investments--83.5 FTE positions $ 8,224,500

Common cash investments and debt management--10.5 FTE positions 754,200

Student financial assistance programs--174.5 FTE positions 39,009,400

Deferred compensation-17.5 FTE positions 2,739,000

Act 487 savings adjustment 170,600

GROSS APPROPRIATION $ 50,897,700

Appropriated from:

Federal revenues:

DED-OPSE, federal lenders allowance 11,362,100

DED-OPSE, higher education act of 1965, insured loans 26,014,000

Special revenue funds:

College work study 45,800

Deferred compensation 2,739,000

MI-CASHE fees 353,500

Retirement funds 8,027,200

School bond fees 318,900

Treasury fees 261,500

State general fund/general purpose $ 1,775,700

(8) DEBT SERVICE

Water pollution control bond and interest redemption $ 4,065,000

School bond loan 23,615,000

Quality of life bond 66,437,500

GROSS APPROPRIATION $ 94,117,500

Appropriated from:

Special revenue funds:

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

State general fund/general purpose $ 93,417,500

(9) GRANTS

Grants to counties in lieu of taxes $ 50,000

Convention facility development distribution 36,000,000

Michigan education trust fund challenge grants 50,000

Senior citizen cooperative housing tax exemption program 12,800,600

Constitutional state general revenue sharing grants 579,400,000

Statutory state general revenue sharing grants 801,300,000

Special census revenue sharing payments 5,500,000

Health and safety fund grants 23,175,000

City of Benton Harbor - enterprise zone 255,800

Tax increment and finance authority payments 4,000,100

GROSS APPROPRIATION $ 1,462,531,500

Appropriated from:

Special revenue funds:

Convention facility development fund 36,000,000

Sales tax 1,380,700,000

Health and safety fund 23,175,000

State general fund/general purpose $ 22,656,500

(10) STATE LOTTERY

Full-time equated classified positions 202.0

Lottery operations--164.0 FTE positions $ 12,651,000

Promotion and advertising 16,372,000

Lottery data processing--38.0 FTE positions 4,830,600

GROSS APPROPRIATION $ 33,853,600

Appropriated from:

Special revenue funds:

State lottery fund 33,853,600

State general fund/general purpose $ 0

(11) CASINO GAMING

Full-time equated classified positions 44.0

Michigan gaming control board $ 500,000

Casino gaming control administration--44.0 FTE positions 9,789,000

GROSS APPROPRIATION $ 10,289,000

Appropriated from:

Special revenue funds:

Private - casino gambling agreements 175,000

State services fee fund 10,114,000

State general fund/general purpose $ 0".

2. Amend page 32, line 13, after "is" by striking out "$2,178,757,300.00" and inserting "$2,118,490,200.00".

3. Amend page 32, line 16, by striking out "14,019,600" and inserting "14,210,700".

4. Amend page 32, line 19, by striking out "401,800" and inserting "554,300".

5. Amend page 32, line 23, by striking out "21,048,600" and inserting "21,392,200".

6. Amend page 32, line 25, by striking out all of line 25.

7. Amend page 33, line 1, by striking out "69,900" and inserting "69,800".

8. Amend page 33, line 7, by striking out "591,710,000" and inserting "579,400,000".

9. Amend page 33, line 8, by striking out "802,050,000" and inserting "801,300,000".

10. Amend page 33, line 10, by striking out all of line 10.

11. Amend page 33, line 12, by striking out "6,000,000" and inserting "4,000,100".

12. Amend page 33, line 13, by striking out "1,516,391,400" and inserting "1,462,481,500".

13. Amend page 33, line 14, by striking out "1,537,509,900" and inserting "1,483,943,500".

14. Amend page 39, line 12, by striking out all of section 212 and inserting:

"Sec. 212. Within 10 working days after formal presentation of the executive budget, the state budget director shall report to the members of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies on the amounts and sources of all capped federal funds, special revenue funds as defined in the state of Michigan's comprehensive annual financial report, and the healthy Michigan fund, and an accounting of the state departments or agencies in which the executive budget proposes to spend the funds.".

15. Amend page 40, following line 7, by inserting:

"Sec. 215. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 216. (1) The department of management and budget and each principal executive department and agency shall provide to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies a monthly report on all personal service contracts awarded without competitive bidding, pricing, or rate-setting. The notification shall include all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report including all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

Sec. 217. If a department enters into a personal services contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This limitation does not apply to computer technology services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.".

16. Amend page 42, following line 24, by striking out all of section 308.

17. Amend page 49, line 1, by striking out all of section 624 and inserting:

"Sec. 624. The appropriation contained in section 107 for national association dues is to be distributed in the following manner by the legislative council:

National conference of state legislatures $ 165,600

Council of state governments $ 148,600

National energy and resources research association $ 20,000

National conference of insurance legislatures $ 2,000

National commission on uniform state laws $ 38,200".

18. Amend page 50, following line 18, by inserting:

"Sec. 630. The funds appropriated in section 107 shall not be used to pay for health insurance benefits for unmarried domestic partners of legislators or legislative employees.".

19. Amend page 57, following line 27, following section 714, by inserting:

"Sec. 715. The department of management and budget shall report annually by April 1 to the senate and house of representatives standing committees on appropriations and to the senate and house fiscal agencies the total funds expended and the amounts received from the family independence agency for implementation components of the child support enforcement system.".

20. Amend page 65, line 13, after "services," by striking out "$150,000.00" and inserting "$71,200.00".

21. Amend page 65, line 23, after "services," by striking out "$71,100.00" and inserting "$71,200.00".

22. Amend page 67, line 12, after "12.53" by inserting a comma and "and for debt service on short-term notes issued by the state under section 14 of article IX of the state constitution of 1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455. The fiscal year 1998-99 cash-flow borrowing costs are estimated at $61,700,000.00".

23. Amend page 81, line 3, by striking out all of section 956.

24. Amend page 82, line 7, after "state" by striking out "casino gaming" and inserting "services fee".

25. Amend page 82, line 8, after "state" by striking out "casino gaming" and inserting "services fee".

26. Amend page 82, line 9, after the first "state" by striking out "casino gaming" and inserting "services fee".

27. Amend page 82, line 16, by striking out "casino gaming" and inserting "services fee".

28. Amend page 82, line 19, after "state" by striking out "casino gaming" and inserting "services fee".

29. Amend page 83, line 14, after "for" by striking out the balance of the line through "fund" on line 15 and inserting "statutory state general revenue sharing grants".

30. Amend page 83, line 17, by striking out all of sections 965 and 966.

31. Amend page 84, following line 16, by inserting:

"Sec. 975. From the amount appropriated in section 111(10), the bureau of state lottery shall contract for an independent third-party study on the impact that advertising and promotion has on lottery revenue. The study shall include, but not be limited to, case studies of games with targeted sites comparing revenues that result with and without use of advertising and promotion. The study shall include all forms of advertising and promotion funded by the bureau. A proposal for the study shall be submitted to the house and senate appropriation subcommittees on general government prior to November 1, 1998. The study shall be completed and presented to the senate and house appropriation subcommittees on general government prior to April 1, 1999.".

32. Amend page 84, line 18, by striking out all of section 1101 and inserting:

"Sec. 1101. Pursuant to section 18 of article V of the state constitution of 1963, fund balances and estimates are presented in the following statement:

BUDGET RECOMMENDATIONS BY OPERATING FUNDS

(Amounts in millions)

Fiscal Year 1998-99

Beginning

Fund Unreserved Estimated Ending

OPERATING FUNDS # Fund Balance Revenue Balance

General fund/general purpose 0110 $0,000.0 $ 8,804.7 $0,000.0

General fund/special purpose 0.0 9,725.8 0.0

Special Revenue Funds:

Countercyclical budget and

economic stabilization 0111 1,112.5 62.6 1,133.4

Game and fish protection 0112 8.3 46.9 7.3

Michigan employment security

act administration 0113 0.0 136.1 0.0

State aeronautics 0114 4.0 113.6 0.0

Michigan veterans' benefit trust 0115 0.0 0.3 0.0

State trunkline 0116 5.0 784.0 0.0

Michigan state waterways 0117 0.0 23.0 0.0

Blue water bridge 0118 10.8 11.5 0.0

Michigan transportation 0119 0.0 1,767.0 0.0

Comprehensive transportation 0120 0.0 97.9 0.0

School aid 0122 169.3 9,327.1 210.2

Marine safety 0123 2.4 5.1 1.6

Game and fish protection trust 0124 0.0 7.0 0.0

State park improvement 0125 7.1 27.3 6.7

Forest development fund 0126 0.8 17.7 0.0

Michigan civilian conservation

corps endowment 0128 0.0 1.2 0.0

Michigan natural resources trust 0129 0.0 36.2 0.0

Michigan state parks endowment 0130 0.0 14.2 0.0

Safety education and training 0131 0.5 5.0 0.4

Uninsured employer security 0135 22.0 0.0 21.0

School bond loan 0137 115.8 0.0 30.8

State construction code 0138 20.0 11.2 14.0

Children's trust 0139 0.0 3.5 0.0

Homeowner construction lien recovery 0141 3.0 4.0 3.0

Michigan nongame fish and wildlife 0143 0.7 0.9 0.6

Michigan underground storage tank

finance assurance 0160 0.0 67.7 0.0

State building authority 0165 0.0 0.3 0.0

TOTALS $1,475.4 $31,101.8 $1,429.0".

Second: That the House and Senate agree to the title of the bill to read as follows:

Lynn Owen

Lynne Martinez

William R. Bobier

Conferees for the House

Dan L. DeGrow

Glenn Steil

Alma Wheeler Smith

Conferees for the Senate

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.628 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 VanRegenmorter

Conroy Hart Rogers Vaughn

DeBeaussaert Hoffman Schuette Young

Nays--1

Jaye

Excused--0

Not Voting--0

In The Chair: Schwarz

House Bill No.5588, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The House of Representatives has adopted the report of the Committee of Conference.

The Conference Report was read as follows:

FIRST CONFERENCE REPORT

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

House Bill No. 5588, entitled

Recommends:

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

Second: That the House and Senate 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 part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the department of agriculture for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF AGRICULTURE

APPROPRIATION SUMMARY:

Full-time equated unclassified positions 6.0

Full-time equated classified positions 598.5

GROSS APPROPRIATION $ 79,150,700

Interdepartmental grant revenues:

IDG from MDCIS (LCC), liquor quality testing fees 150,300

IDG from MDCIS (LCC), nonretail liquor license fees 434,000

IDG from MDEQ, meter calibrations 180,000

IDG from MDEQ, sewer sludge fund 65,000

IDG from MDEQ, type II well survey 15,000

Total interdepartmental grants and intradepartmental transfers 844,300

ADJUSTED GROSS APPROPRIATION $ 78,306,400

Federal revenues:

DAG-AMS, cooperative agreement 1,154,300

DAG-APHIS, plant and animal disease and pest control 55,000

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 5,113,600

Special revenue funds:

Total local revenues 0

Private - oil company overcharge settlement 711,000

Total private revenues 711,000

Agriculture equine industry development fund 14,303,900

Civil penalties 25,700

Commodity inspection fees 963,600

Food handler licensing fees 1,105,400

Gasoline inspection and testing fund 1,969,000

Groundwater and freshwater protection fund 4,506,300

Industry support funds 175,800

Licensing and inspection fees 2,679,600

Pseudorabies and swine brucellosis fund 87,100

Michigan state fair revenue 6,265,700

Testing fees 167,100

Upper Peninsula state fair revenue 927,200

Weights and measures regulation fees 305,400

Total other state restricted revenues 33,481,800

State general fund/general purpose $ 39,000,000

Sec. 102. EXECUTIVE

Full-time equated unclassified positions 6.0

Full-time equated classified positions 10.0

Commission and boards $ 48,500

Unclassified positions 463,300

Executive direction--5.0 FTE positions 488,500

Statistical reporting service--5.0 FTE positions 466,400

Project GREEEN 4,000,000

Environmental technology research grant 1,400,000

GROSS APPROPRIATION $ 6,866,700

Appropriated from:

Special revenue funds:

Industry support funds 25,800

Michigan state fair revenue 159,500

State general fund/general purpose $ 6,681,400

Sec. 103. ADMINISTRATIVE SERVICES

Full-time equated classified positions 75.0

Management services--62.0 FTE positions $ 4,669,000

Agriculture development--5.0 FTE positions 828,100

Property management charges 578,300

Rent 285,700

Upper Peninsula state fair--8.0 FTE positions 1,093,900

Future farmers of America 40,000

Building and track improvement - county and state fairs 753,100

Premiums - county and state fairs 1,611,200

Purses and supplements - fairs/licensed tracks 2,351,200

Standardbred Fedele Fauri futurity 78,000

Standardbred Michigan futurity 78,000

GROSS APPROPRIATION $ 12,366,500

Appropriated from:

Federal revenues:

DAG-ERS-ARED 126,100

Special revenue funds:

Agriculture equine industry development fund 4,871,500

Gasoline inspection and testing fund 51,000

Licensing and inspection fees 62,100

Upper Peninsula state fair revenue 927,200

State general fund/general purpose $ 6,328,600

Sec. 104. PESTICIDE AND PLANT PEST MANAGEMENT

Full-time equated classified positions 131.3

Pesticide and plant pest management--131.3 FTE positions $ 11,566,900

Disease and pesticide intervention fund 341,800

Michigan State University 210,000

GROSS APPROPRIATION $ 12,118,700

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

HHS-FDA 15,400

Special revenue funds:

Commodity inspection fees 963,600

Licensing and inspection fees 2,053,000

State general fund/general purpose $ 6,031,600

Sec. 105. ANIMAL INDUSTRY

Full-time equated classified positions 26.0

Animal health and welfare--26.0 FTE positions $ 2,084,100

GROSS APPROPRIATION $ 2,084,100

Appropriated from:

Federal revenues:

HHS-FDA 9,500

Special revenue funds:

Licensing and inspection fees 32,200

Pseudorabies and swine brucellosis fund 87,100

State general fund/general purpose $ 1,955,300

Sec. 106. FOOD AND DAIRY

Full-time equated classified positions 112.0

Food safety and quality assurance--112.0 FTE positions $ 8,371,300

GROSS APPROPRIATION $ 8,371,300

Appropriated from:

Federal revenues:

DAG-AMS, cooperative agreement 22,500

HHS-FDA 183,600

Special revenue funds:

Civil penalties 25,700

Food handler licensing fees 1,105,400

Licensing and inspection fees 532,300

State general fund/general purpose $ 6,501,800

Sec. 107. LABORATORY PROGRAM

Full-time equated classified positions 127.0

Laboratory analysis program--71.5 FTE positions $ 5,438,800

Pesticide data program--11.0 FTE positions 1,096,500

Consumer protection program--44.5 FTE positions 3,166,400

GROSS APPROPRIATION $ 9,701,700

Appropriated from:

Interdepartmental grant revenues:

IDG from MDCIS (LCC), liquor quality testing fees 150,300

IDG from MDEQ, meter calibrations 180,000

Federal revenues:

DAG-AMS, cooperative agreement 1,096,500

DAG-APHIS, plant and animal disease and pest control 20,400

Special revenue funds:

Private - oil company overcharge settlement 295,900

Agriculture equine industry development fund 572,800

Gasoline inspection and testing fund 1,918,000

Testing fees 167,100

Weights and measures regulation fees 305,400

State general fund/general purpose $ 4,995,300

Sec. 108. ENVIRONMENTAL STEWARDSHIP

Full-time equated classified positions 40.0

Environmental stewardship--30.0 FTE positions $ 2,550,500

Groundwater and freshwater protection program--10.0 FTE positions 4,506,300

Energy conservation program 363,100

Forest stewardship program 100,000

Local soil conservation districts 1,400,000

Migrant labor housing 315,000

GROSS APPROPRIATION $ 9,234,900

Appropriated from:

Interdepartmental grant revenues:

IDG from MDEQ, sewer sludge fund 65,000

IDG from MDEQ, type II well survey 15,000

Federal revenues:

DAG-FS, multiple grants 100,000

EPA-OW, water pollution control, lake restoration cooperative agreements 236,300

EPA-RCRA 148,200

Special revenue funds:

Private - oil company overcharge settlement 415,100

Groundwater and freshwater protection fund 4,506,300

State general fund/general purpose $ 3,749,000

Sec. 109. MARKET DEVELOPMENT

Full-time equated classified positions 15.5

Marketing and emergency management--15.5 FTE positions $ 2,160,700

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 $ 3,137,900

Appropriated from:

Interdepartmental grant revenues:

IDG from MDCIS (LCC), nonretail liquor license fees 434,000

Federal revenues:

DAG, federal/state marketing improvement program 100,000

Special revenue funds:

Industry support funds 150,000

State general fund/general purpose $ 2,453,900

Sec. 110. AGRICULTURE EQUINE INDUSTRY DEVELOPMENT

Full-time equated classified positions 39.7

Office of racing commissioner--39.7 FTE positions $ 3,609,400

Quarter horse programs 38,400

Licensed tracks-light horse racing 74,400

Standardbred breeders' awards 1,201,300

Standardbred purses and supplements-licensed tracks 258,800

Sire stakes program 1,954,500

Standardbred training and stabling 42,400

Thoroughbred program 1,753,600

Thoroughbred owners' awards 151,100

Can-Am draft horse show 78,800

GROSS APPROPRIATION $ 9,162,700

Appropriated from:

Special revenue funds:

Agriculture equine industry development fund 8,859,600

State general fund/general purpose $ 303,100

Sec. 111. MICHIGAN STATE FAIR

Full-time equated classified positions 22.0

Michigan state fair operations--22.0 FTE positions $ 6,106,200

GROSS APPROPRIATION $ 6,106,200

Appropriated from:

Special revenue funds:

Michigan state fair revenue 6,106,200

State general fund/general purpose $ 0".

2. Amend page 10, line 16, after "at" by striking out "$73,865,700.00" and inserting "$72,481,800.00".

3. Amend page 11, following line 12, by inserting:

"Sec. 203. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $4,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $6,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

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

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

4. Amend page 16, line 4, by striking out all of sections 217, 218, 219, and 220 and inserting:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(2) For personal service contracts of $100,000.00 or more, the department of management and budget shall provide a monthly report on all of the following:

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(d) The type of service to be provided.

(3) The department of management and budget shall provide a monthly listing of all bid requests or requests for proposal that were issued.

Sec. 219. Sixty days before beginning any effort to privatize, the department shall submit a complete project plan to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the appropriate house and senate appropriations subcommittees and the house and senate fiscal agencies within 30 months.

Sec. 220. Within 10 working days after formal presentation of the executive budget, the state budget director shall report to the members of the senate and house appropriations committees, and the senate and house fiscal agencies, on the amounts and sources of all capped federal funds, special revenue funds as defined in the state of Michigan's comprehensive annual financial report, and the healthy Michigan fund, and an accounting of the state departments or agencies in which the executive budget proposes to spend the funds.".

5. Amend page 19, following line 10, by inserting:

"Sec. 221. By December 1, 1998, the department shall provide the house and senate appropriations subcommittees on agriculture and the house and fiscal agencies a report that outlines programs funded under this act. The report shall provide explanation of the activities and personnel funded with each line item, consistent with the format of this act.".

6. Amend page 21, line 12, by striking out all of section 305 and inserting:

"Sec. 305. (1) From the appropriation in section 102 for project GREEEN, $4,000,000.00 is allocated for a grant to an institution of higher education for the purpose of research and/or extension programs designed to address critical regulatory, food safety, economic, and environmental problems faced by Michigan's plant-based agriculture, forestry, and processing industries.

(2) A consortium of interested parties consisting of, but not limited to, representatives from the department, institutions of higher education, and agricultural commodity groups shall develop the research and/or extension program priorities described in subsection (1).

(3) Any unexpended balance of the money allocated in subsection (1) is considered a work project and shall be carried forward into the succeeding fiscal year.

(4) Not later than November 1, 1999, the grantee under subsection (1) shall submit to the house and senate appropriations subcommittees on agriculture and to the house and senate fiscal agencies a report for the immediately preceding fiscal year regarding project GREEEN projects. The report shall include, but is not limited to, the dollar amount of each project and a review of each project's performance and accomplishments.

(5) Indirect costs shall not be charged by an administering agency against a grant funded under the allocation in subsection (1).".

7. Amend page 22, line 17, by striking out all of section 306.

8. Amend page 30, line 10, after "of" by striking out "$246,800.00" and inserting "$258,800.00".

9. Amend page 30, line 19, by striking out all of lines 19 and 20 and inserting:

"Arabian and Appaloosa horse racing $ 18,600.00

Quarter horse racing $ 55,800.00".

Third: That the House and Senate agree to the title of the bill to read as follows:

Paul Tesanovich

A. T. Frank

Mark Jansen

Conferees for the House

George A. McManus, Jr.

Harry Gast

Don W. Koivisto

Conferees for the Senate

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.629 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 VanRegenmorter

Conroy Hart Rogers Vaughn

DeBeaussaert Hoffman Schuette Young

Nays--1

Jaye

Excused--0

Not Voting--0

In The Chair: Schwarz

Senator Gast submitted the following:

FIRST CONFERENCE REPORT

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

Senate Bill No. 907, entitled

A bill to make appropriations for community colleges for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.

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 part 1 and inserting:

"PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for community colleges and certain other state purposes relating to education for the fiscal year ending September 30, 1999, from the funds indicated in this part. The following is a summary of the appropriations in this part:

COMMUNITY COLLEGES

GROSS APPROPRIATION $ 282,000,000

Total interdepartmental grants and intradepartmental transfers $ 0

ADJUSTED GROSS APPROPRIATION $ 282,000,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total local and private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 282,000,000

Sec. 102. OPERATIONS

Alpena Community College $ 4,557,252

Bay de Noc Community College 4,220,690

Delta College 13,199,307

Glen Oaks Community College 2,010,948

Gogebic Community College 3,991,939

Grand Rapids Community College 17,381,780

Henry Ford Community College 19,643,681

Jackson Community College 11,563,803

Kalamazoo Valley Community College 10,108,380

Kellogg Community College 8,387,943

Kirtland Community College 2,848,415

Lake Michigan College 4,589,230

Lansing Community College 28,517,734

Macomb Community College 31,109,093

Mid Michigan Community College 3,735,994

Monroe County Community College 3,664,952

Montcalm Community College 2,955,481

C.S. Mott Community College 14,602,384

Muskegon Community College 8,211,204

North Central Michigan College 2,738,746

Northwestern Michigan College 8,050,662

Oakland Community College 20,231,211

St. Clair County Community College 6,465,131

Schoolcraft College 10,982,897

Southwestern Michigan College 5,355,807

Washtenaw Community College 10,554,270

Wayne County Community College 16,066,808

West Shore Community College 2,116,692

GROSS APPROPRIATION $ 277,862,434

Appropriated from:

State general fund/general purpose $ 277,862,434

Sec. 103. GRANTS

At-risk student success program $ 3,584,566

Renaissance zone tax reimbursement funding 553,000

GROSS APPROPRIATION $ 4,137,566

Appropriated from:

State general fund/general purpose $ 4,137,566".

2. Amend page 4, line 6, after "at" by striking out "$287,954,975.00" and inserting "$282,000,000.00".

3. Amend page 4, line 8, after "at" by striking out "$287,954,975.00" and inserting "$282,000,000.00".

4. Amend page 4, line 19, by striking out all of section 203 and inserting:

"Sec. 203. (1) The sums appropriated in this act are appropriated for community colleges with fiscal years ending June 30, 1999 and shall be paid out of the state treasury and distributed by the state treasurer to the respective community colleges in 11 monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 1998. Each community college shall accrue its July and August 1999 payments to its institutional fiscal year ending June 30, 1999. However, if a community college fails to submit all verified Michigan community colleges activities classification structure data for school year 1997-98 to the department of education by November 1, 1998, the monthly installments shall be withheld from that community college until those data are submitted. The department of education shall publish the activities classification structure manual for Michigan community colleges on or before March 1, 1999 for use by the legislature during budget development for the fiscal year ending September 30, 2000. The amount from the funds appropriated in part 1 that is allocated under section 401 to address the special needs of at-risk students shall be paid in full by the state treasurer by November 1, 1998. The amount distributed to a community college or department shall not exceed the net state allocation authorized by this act.

(2) Except as otherwise provided by law, each of the amounts appropriated shall be used solely for the respective purposes stated in this act. The funds appropriated by this act may be used to match the cost of any available programs under the Carl D. Perkins vocational and applied technology education act, Public Law 88-210, 98 Stat. 2435, including local administration.".

5. Amend page 8, line 26, by striking out all of section 210 and inserting:

"Sec. 210. The department of education shall ensure that a statistical report for minorities and women employees for the most recent school year as submitted to the federal government on the EEO-6 form be included in the Michigan Community Colleges Enrollment Profile published by the department of education. Also included in this profile shall be a statistical report for the most recent school year that includes enrollment statistics for minorities and women as submitted to the department of education. The department of education shall distribute a copy of this report to members of the house and senate appropriations subcommittees on community colleges and the house and senate fiscal agencies no later than March 1, 1999.".

6. Amend page 11, line 15, after "reimburse" by striking out "over 4 fiscal years".

7. Amend page 13, line 3, by striking out all of section 222.

8. Amend page 13, line 15, after "issues" by striking out "quarterly" and inserting "biannual".

9. Amend page 13, following line 21, section 224, after "to" by striking out "establish a per student funding floor from all sources of $7,421.00" and inserting "achieve full funding of the Gast-Mathieu fairness in funding formula and to establish a per student funding floor from all sources".

10. Amend page 13, following line 21, following section 227, by striking out all of section 228.

11. Amend page 14, line 24, after "gram," by striking out "$1,260,000.00" and inserting "$1,120,000.00".

12. Amend page 14, line 24, after "of" by striking out "$45,000.00" and inserting "$40,000.00".

13. Amend page 15, line 11, after "follows:" by striking out the balance of the subsection and inserting:

"Alpena Community College $ 126,215

Bay de Noc Community College 122,239

Delta College 104,543

Glen Oaks Community College 126,914

Gogebic Community College 73,459

Grand Rapids Community College 73,167

Henry Ford Community College 164,082

Jackson Community College 109,669

Kalamazoo Valley Community College 117,532

Kellogg Community College 143,437

Kirtland Community College 138,127

Lake Michigan College 174,317

Lansing Community College 106,828

Macomb Community College 85,344

Mid-Michigan Community College 124,193

Monroe Community College 100,926

Montcalm Community College 71,215

Mott Community College 110,568

Muskegon Community College 199,964

North Central Michigan College 118,681

Northwestern Michigan College 134,817

Oakland Community College 161,743

St. Clair Community College 76,110

Schoolcraft College 157,115

Southwestern Michigan College 187,371

Washtenaw Community College 135,213

Wayne County Community College 207,316

West Shore Community College 133,461".

14. Amend page 19, line 15, by striking out "8%" and inserting "a portion".

Second: That the Senate and House agree to the title of the bill to read as follows:

Harry Gast

Dan L. DeGrow

Jackie Vaughn III

Conferees for the Senate

Hubert Price, Jr.

Thomas C. Mathieu

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.630 Yeas--31

Bennett Dingell Miller Shugars

Berryman Gast North Smith, A.

Byrum Geake O'Brien Smith, V.

Cherry Gougeon Peters Steil

Cisky Hart Posthumus VanRegenmorter

Conroy Hoffman Rogers Vaughn

DeBeaussaert Koivisto Schuette Young

DeGrow McManus Schwarz

Nays--6

Bouchard Dunaskiss Jaye Stille

Bullard Emmons

Excused--0

Not Voting--0

In The Chair: Schwarz

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.

Protest

Senator Jaye, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the conference report to Senate Bill No.907.

Senator Jaye's statement is as follows:

Mr.President and Senate colleagues, I voted against this community college budget because it failed to include two amendments passed by the Michigan House of Representatives. One amendment would abandon minority preferences by the community college. Yes, that's right, the Democrat-controlled Michigan House of Representatives passed an amendment that says, "A community college shall not use funds appropriated in Part 1 to discriminate or grant preferential treatment based upon religion, race, color, national origin, or gender for the purpose of employment or promotion of administrators or employees or for the purpose of awarding contracts at that community college." That Whyman and McManus amendment passed the Michigan House of Representatives. We could have adopted it in this Republican-controlled Senate. We chose not to.

Also, the Senate rejected a Representative Crissman amendment which said that a community college shall not use funds appropriated in Part 1 to adjust a test score or use a different cut-off score or otherwise alter the results of a test on the basis of religion, race, color, national origin, or gender for the purpose of selecting or referring an applicant or a candidate for employment or a current administrator in the employ at that community college.

What we did today by rejecting these two House-passed amendments is we turned our backs on the working men and women and on their children who are seeking a job or promotion or seeking a better education at the community colleges. Community colleges are where the little guys--the working men and women, the taxpayers, the people struggling to try to get a better education, trying to enhance their paycheck, those people who are struggling to try to get a better job at a community college institution--we turned our back on them, and we did it here in the Senate.

The Michigan House of Representatives passed these two bills which would provide protections to make sure that the theft that affirmative action minority preferences imposes--the theft that steals jobs and promotions and scholarship opportunities would have ended. We could have said today that by adopting this bill, as of October 1 of 1998, there would be no longer any minority preferences at the community colleges. Instead, we lost the opportunity and once again, turned our backs on the working men and women who attend or work or contract with community colleges.

Some people say, "Oh, you'll never get the votes to pass legislation to get rid of minority preferences in this Legislature." I'm here to tell you, we already did get the votes to pass legislation to get rid of minority preferences. It passed through the House of Representatives, and it could have passed through this state Senate, and we didn't do so. It's a very sad day for those who are hoping to be judged on their individual merit as opposed to their nationality and ethnicity. I am very disappointed that these two amendments that passed the House weren't concurred with by the Senate and sent on to the Governor for his signature.

The President, Lieutenant Governor Binsfeld, resumed the Chair.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator V. Smith moved that the Committee on Appropriations be discharged from further consideration of the following bill:

House Bill No.5516, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11i, 20, 25, 51a, 62, 81, 101, and 166b (MCL 388.1611, 388.1611i, 388.1620, 388.1625, 388.1651a, 388.1662, 388.1681, 388.1701, and 388.1766b), sections 11, 20, 51a, 62, 81, and 101 as amended and section 11i as added by 1997 PA 142, section 25 as amended by 1997 PA 93, and section 166b as amended by 1996 PA 300, and by adding sections 11j, 11k, 11l, 25a, 31b, 31d, and 63.

On which motion Senator V. Smith requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The President pro tempore, Senator Schwarz, resumed the Chair.

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

Roll Call No.631 Yeas--16

Bennett Conroy Koivisto Smith, A.

Berryman DeBeaussaert Miller Smith, V.

Byrum Dingell O'Brien Vaughn

Cherry Hart Peters Young

Nays--20

Bouchard Emmons McManus Schwarz

Bullard Gast North Shugars

Cisky Geake Posthumus Steil

DeGrow Gougeon Rogers Stille

Dunaskiss Jaye Schuette VanRegenmorter

Excused--0

Not Voting--1

Hoffman

In The Chair: Schwarz

Protest

Senator DeGrow, under his constitutional right of protest (Art. 4, Sec. 18), protested against the motion to discharge the Committee on Appropriations from further consideration of House Bill No.5516.

Senator DeGrow's statement, in which Senators Gougeon, North, McManus, Posthumus, Steil, Gast, Stille, Dunaskiss, Shugars, Emmons, Bullard and Schwarz concurred, is as follows:

I voted "no" on the discharge, because as the discharge was occurring, talks were going on within this building to attempt to work this out. It is still my hope that it can be worked out. But a discharge on the bill and putting it out on the floor at this time was, in my opinion, not helpful in terms of actually solving this problem today, and would have made it worse.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No.873, entitled

vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 44 (MCL 791.234 and 791.244), section 34 as amended by 1994 PA 345 and section 44 as amended by 1992 PA 181.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 51 (MCL 791.251), as amended by 1998 PA 204.

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 substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No.632 Yeas--34

Bennett Dunaskiss Miller Shugars

Berryman Emmons North Smith, A.

Bouchard Gast O'Brien Smith, V.

Bullard Geake Peters Steil

Byrum Gougeon Posthumus Stille

Cisky Hart Rogers VanRegenmorter

Conroy Jaye Schuette Vaughn

DeBeaussaert Koivisto Schwarz Young

DeGrow McManus

Nays--2

Cherry Dingell

Excused--0

Not Voting--1

Hoffman

In The Chair: Schwarz

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.

The House of Representatives requested the return of

Senate Bill No.200, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 329a.

Senator DeGrow moved that the request of the House be granted.

The motion prevailed.

The following message was received and read:

July 1, 1998

Ms.Carol Morey Viventi

Secretary of the Senate

Capitol Building

Lansing, MI 48909

Dear Ms.Viventi:

Pursuant to Joint Rule 12, this is to notify you that the House of Representatives has concurred in the corrective letter to Senate Bill No.299 by a record roll call vote.

Very respectfully,

Mary Kay Scullion, Clerk

House of Representatives

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

By unanimous consent the Senate returned to consideration of the following bill:

House Bill No.4332, entitled

(This bill was returned from the House with amendments earlier today, rules suspended and consideration postponed. See p. 1421.)

The question being on concurring in the House amendments made to the Senate substitute,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No.633 Yeas--33

Bennett Dingell Koivisto Schuette

Berryman Dunaskiss McManus Schwarz

Bullard Emmons Miller Smith, A.

Byrum Gast North Smith, V.

Cherry Geake O'Brien Steil

Cisky Gougeon Peters Stille

Conroy Hart Posthumus Vaughn

DeBeaussaert Hoffman Rogers Young

DeGrow

Nays--4

Bouchard Jaye Shugars VanRegenmorter

Excused--0

Not Voting--0

In The Chair: Schwarz

Senator Schuette stated that had he been present when the votes were taken on June 11 on the passage of the following bills, he would have voted "yea":

House Bill No.5185

Senate Bill No.1009

Senate Bill No.1010

Senate Bill No.649

Senate Bill No.1163

Senate Bill No.1164

Senate Bill No.1165

Senate Bill No.1166

Senate Bill No.837

House Bill No.5280

Senate Bill No.1183

Senate Bill No.1184

Senate Bill No.1185

Senate Bill No.1186

Senate Bill No.1187

Senate Bill No.1188

Senate Bill No.1189

Senate Bill No.1190

Senate Bill No.1191

Senate Bill No.1192

Senate Bill No.1193

Senate Bill No.1194

Senate Bill No.1195

House Bill No.5580

House Bill No.4910

House Bill No.4328

House Bill No. 4535

House Bill No.5346

House Bill No.5399

House Bill No.5487

Senate Bill No.1173

Senator Schuette stated that had he been present when the vote was taken on June 11 on the passage of the following bill, he would have voted "nay":

House Bill No.5114

Senator Conroy stated that had he been present when the votes were taken on the concurring in the House substitute and amendments to the following bills, he would have voted "yea":

Senate Bill No.862

House Bill No.5418

The House of Representatives returned, in accordance with the request of the Senate

Senate Bill No.273, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as amended by 1997 PA 102.

Senator DeGrow moved to reconsider the vote by which the House substitute, as amended, was concurred in.

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

The question being on concurring in the House substitute, as amended,

Senator Gast offered the following amendment to the substitute:

1. Amend page 6, line 1, by striking out all of enacting section 1.

The amendment to the substitute was 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.634 Yeas--36

Bennett Dingell Koivisto Schwarz

Bouchard Dunaskiss McManus Shugars

Bullard Emmons Miller Smith, A.

Byrum Gast North Smith, V.

Cherry Geake O'Brien Steil

Cisky Gougeon Peters Stille

Conroy Hart Posthumus VanRegenmorter

DeBeaussaert Hoffman Rogers Vaughn

DeGrow Jaye Schuette Young

Nays--0

Excused--0

Not Voting--1

Berryman

In The Chair: Schwarz

Senator V. Smith moved that Senator Berryman be excused from the balance of today's session.

The motion prevailed.

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 at the head of the Third Reading of Bills calendar:

Senate Bill No.1225

House Bill No.5866

House Bill No.5888

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

The following bill was read a third time:

Senate Bill No.1225, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a, 161, and 748 (MCL 330.1100a, 330.1161, and 330.1748), section 100a as added and section 161 as amended by 1995 PA 290 and section 748 as amended by 1996 PA 588, and to add section 748a.

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.635 Yeas--35

Bennett Dingell McManus Shugars

Bouchard Dunaskiss Miller Smith, A.

Bullard Emmons North Smith, V.

Byrum Geake O'Brien Steil

Cherry Gougeon Peters Stille

Cisky Hart Posthumus VanRegenmorter

Conroy Hoffman Rogers Vaughn

DeBeaussaert Jaye Schuette Young

DeGrow Koivisto Schwarz

Nays--0

Excused--1

Berryman

Not Voting--1

Gast

In The Chair: Schwarz

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.5866, entitled

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.636 Yeas--36

Bennett Dingell Koivisto Schwarz

Bouchard Dunaskiss McManus Shugars

Bullard Emmons Miller Smith, A.

Byrum Gast North Smith, V.

Cherry Geake O'Brien Steil

Cisky Gougeon Peters Stille

Conroy Hart Posthumus VanRegenmorter

DeBeaussaert Hoffman Rogers Vaughn

DeGrow Jaye Schuette Young

Nays--0

Excused--1

Berryman

Not Voting--0

In The Chair: Schwarz

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.

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5888, entitled

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.637 Yeas--36

Bennett Dingell Koivisto Schwarz

Bouchard Dunaskiss McManus Shugars

Bullard Emmons Miller Smith, A.

Byrum Gast North Smith, V.

Cherry Geake O'Brien Steil

Cisky Gougeon Peters Stille

Conroy Hart Posthumus VanRegenmorter

DeBeaussaert Hoffman Rogers Vaughn

DeGrow Jaye Schuette Young

Nays--0

Excused--1

Berryman

Not Voting--0

In The Chair: Schwarz

Senator DeGrow moved that the bill be given immediate effect.

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

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

"An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state and by political subdivisions; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,".

The Senate agreed to the full title.

By unanimous consent the Senate proceeded to the order of

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No.211

Senate Resolution No.212

The resolution consent calendar was adopted.

Senators Schwarz, Gast, Hoffman, Bullard, Bouchard, Steil, Rogers, Gougeon, Shugars, Bennett, Dunaskiss, Posthumus, Cisky, Byrum, Peters, DeBeaussaert, A. Smith, V. Smith, VanRegenmorter, North, Conroy, Miller, Koivisto, Young, Vaughn, Cherry, Berryman, Dingell, Hart, Schuette, DeGrow, Stille, Geake and Jaye offered the following resolution:

Senate Resolution No.211.

A resolution commending the Michigan Children's Ombudsman agency for its outstanding service to the people of Michigan.

Whereas, The Michigan Children's Ombudsman has been in existence for three and one-half years, pursuant to Public Act 204 of 1994, "The Children's Ombudsman Act," and was the second such ombudsman office in the nation dedicated solely to serving at-risk children; and

Whereas, The program goals of the Michigan Children's Ombudsman are to make a direct impact on the lives of children, about whom complaints are received, to make serious and specific recommendations to the Governor, Legislature, and the Director of the Family Independence Agency as a result of investigative findings, and to improve the effectiveness and efficiency of child protection service delivery by public and private agencies; and

Whereas, The achievement of these goals is measured according to the impact on each child served, compliance with the Children's Ombudsman Act, and implementation of Ombudsman recommendations; and

Whereas, The statutory focus of each investigation is to "monitor and ensure compliance of relevant laws, rules, and policies" governing child welfare, with specific emphasis as to whether the Family Independence Agency and private agencies have acted "contrary to law, rule or policy, or imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds"; and

Whereas, The Michigan Children's Ombudsman was advocated and enacted by the Michigan Legislature in response to public outcry surrounding the handling of certain child maltreatment cases across the state, including children who died from abuse; and

Whereas, The need for a children's ombudsman is underscored by the fact that Michigan has 2.7 million citizens who met the legal definition of children, over 125,000 protective service complaints each year, an annual average of 15,000 children in foster care, and over 2,000 adoptions each year, but still has a long waiting list of children with special needs who are also waiting for adoptive homes; and

Whereas, Since January 1, 1995, the Michigan Children's Ombudsman has conducted over 1,300 investigations involving over 3,500 children from 78 of Michigan's 83 counties, including 38 children who died from child maltreatment. Sixty-five percent of the investigated complaints concern protective services, 25 percent relate to foster care, and 10 percent are in regard to adoptions; and

Whereas, In the two annual reports required by Public Act 204 of 1994, the Michigan Children's Ombudsman has made 80 specific recommendations to the Governor and Legislature for reforms in the state's laws, rules, and policies governing child welfare. Of these, over two-thirds of the recommendations have been implemented--an unheard-of rate of success for a new agency in such a short time; and

Whereas, As evidenced by responses to the Ombudsman's case reports and annual reports, there is improved accountability by public and private agencies. The very agencies the Ombudsman is authorized to investigate have endorsed a significant number of his recommendations. The Family Independence Agency has officially endorsed 80 percent of the Ombudsman's 80 annual report recommendations and the Michigan Federation of Private Child and Family Agencies has officially endorsed 90 percent of them; and

Whereas, Organizations and individuals should contact their Governor, State Senator, State Representative, and the Michigan Children's Ombudsman to indicate their support of the Michigan Children's Ombudsman. They also should identify and communicate needed areas of reform to strengthen the Michigan Children's Ombudsman's mission, jurisdiction, and independence pertaining to complaints it receives and investigates concerning at-risk children; now, therefore, be it

Resolved by the Senate, That a unanimous accolade of praise and tribute be hereby accorded to the Michigan Children's Ombudsman and his team in recognition of their outstanding service to the children and all citizens of the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Governor, Lieutenant Governor, each member of the Legislature, the Director of the Family Independence Agency, state organizations devoted to child welfare and advocacy, and other interested parties.

Senate Resolution No.212.

A resolution to memorialize the life of George M. Van Peursem.

Whereas, It is with immeasurable sadness that the members of the Michigan Senate offer this resolution as a memorial to the inspirational life of George M. Van Peursem, whose contributions to the people of the state of Michigan cannot be adequately described in words alone. He was a man devoted to his family and committed to his work. His cherished memory will not fade from the hearts and minds of those who knew and loved him; and

Whereas, Mr.Van Peursem was a 1930 graduate of Zeeland High School and attended Hope College in Holland for two years before receiving his law degree from Chicago Kent College of Law in 1936. In 1936, he started another successful chapter in his life when he married Gladys Irene Dillman, a union that lasted until her death in 1997. George is survived by three children, seven grandchildren, thirteen great-grandchildren, a sister, and nieces and nephews. May his family know of our gratitude for the many gifts he gave to others over the years; and

Whereas, Mr.Van Peursem practiced law in Illinois until his return to Zeeland in 1948. He then ran for office in the Michigan Legislature in 1950 and represented Ottawa County for four terms, the last term as the Speaker of the House of Representatives. Mr.Van Peursem was elected Chairman of the Michigan Republican Party in 1961 and served two years in that capacity. He joined the Michigan Manufacturers Association in 1963 and remained there as President until his retirement in 1978. We are most grateful for that which he has shared with us, for the memory of those times will continue to illuminate our lives for years to come; now, therefore, be it

Resolved by the Senate, That a unanimous accolade of tribute be hereby accorded to honor the memory of George M. Van Peursem; and be it further

Resolved, That copies of this resolution be transmitted to the family of Mr.Van Peursem as evidence of the respect we will always have for his memory.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5592 submits the following:

Meeting held on Thursday, June 25, 1998, at 9:00a.m., House Appropriations Room, Capitol Building

Present: Senators Steil (C), Geake and Young

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5592 submits the following:

Meeting held on Monday, June 29, 1998, at 1:30p.m., House Appropriations Room, Capitol Building

Present: Senators Steil (C), Geake and Young

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5595 submits the following:

Meeting held on Monday, June 29, 1998, at 4:12p.m., House Appropriations Room, Capitol Building

Present: Senators DeGrow (C), Steil and A. Smith

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5590 submits the following:

Meeting held on Tuesday, June 30, 1998, at 8:00a.m., House Appropriations Room, Capitol Building

Present: Senators Geake (C), Steil and Conroy

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5592 submits the following:

Meeting held on Tuesday, June 30, 1998, at 9:00a.m., Room 405, Capitol Building

Present: Senators Steil (C), Geake and Young

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5595 submits the following:

Meeting held on Tuesday, June 30, 1998, at 9:00a.m., Room 405, Capitol Building

Absent: Senators DeGrow (C), Steil and A. Smith

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Senate Bill No.909 submits the following:

Meeting held on Tuesday, June 30, 1998, at 9:00a.m., Room 404, Capital Building

Present: Senators Cisky (C), Hoffman and Vaughn

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Senate Bill No.313 submits the following:

Meeting held on Tuesday, June 30, 1998, at 9:45a.m., Room 405, Capitol Building

Present: Senators Stille (C), Emmons and Peters

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Joint Capital Outlay submits the following:

Meeting held on Thursday, June 30, 1998, at 1:00p.m., Senate Appropriations Room, Capitol Building

Present: Senators Gast (C), Geake, Schwarz, McManus, Conroy, Koivisto and Young

Excused: Senator DeGrow

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Senate Bill No.910 submits the following:

Meeting held on Tuesday, June 30, 1998, at 1:30p.m., Senate Appropriations Room, Capitol Building

Present: Senators DeGrow (C), Schwarz and Conroy

COMMITTEE ATTENDANCE REPORT

The Conference Committee on House Bill No.5596 submits the following:

Meeting held on Tuesday, June 30, 1998, at 3:15p.m., House Appropriations Room, Capitol Building

Present: Senators DeGrow (C) and A. Smith

Absent: Senator Steil

Scheduled Meetings

Conference Committee on House Bill No.5594 - Thursday, July 2, at 8:30a.m., Rooms 425 and 426, Capitol Building (3-2426).

Conference Committee on Senate Bill No.904 - Thursday, July 2, at 9:00a.m., Rooms 402 and 403, Capitol Building (3-7350).

Conference Committee on Senate Bill No.908 - Thursday, July 2, at 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (3-1707).

Families, Mental Health and Human Services Committee - Thursday, July 2, at 9:00a.m., Room 100, Farnum Building (3-1777).

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 4:24p.m.

The President pro tempore, Senator Schwarz, declared the Senate adjourned until Thursday, July 2, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate.