No. 60
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Tuesday, July 2, 2002.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Julian.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Adamini--present
Allen--present
Anderson--present
Basham--present
Bernero--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--excused
Bovin--present
Bradstreet--present
Brown, Bob--present
Brown, Cameron--present
Brown, Rich--present
Callahan--present
Cassis--present
Caul--present
Clark--present
Clarke--present
Daniels--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Drolet--present
Ehardt--present
Faunce--present
Frank--present
Garza--present
George--present
Gieleghem--present
Gilbert--present
Godchaux--excused
Gosselin--present
Hager--present
Hale--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Hummel--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Koetje--present
Kolb--present
Kooiman--present
Kowall--present
Kuipers--present
LaSata--present
Lemmons--present
Lipsey--present
Lockwood--present
Mans--present
McConico--present
Mead--present
Meyer--present
Middaugh--present
Minore--present
Mortimer--present
Murphy--present
Neumann--present
Newell--present
O'Neil--present
Palmer--present
Pappageorge--present
Patterson--present
Pestka--present
Phillips--present
Plakas--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Schauer--present
Schermesser--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Stewart--present
Switalski--present
Tabor--present
Thomas--present
Toy--present
Van Woerkom--present
Vander Roest--present
Vander Veen--present
Vear--present
Voorhees--present
Waters--present
Whitmer--present
Williams--present
Wojno--excused
Woodward--present
Woronchak--present
Zelenko--excused
e/d/s = entered during session
Rep. Michael Murphy, from the 69th District and Pastor of St. Stephen's Community Church, United Church in Christ in Lansing, offered the following invocation:
"We hear the words of the Scripture and the Book of Proverbs leading up to the old understanding--in all thy ways acknowledge Him and He shall direct thy path. Almighty God, we come today thanking You for this day. Thank You, Lord, for watching over us and keeping us. We pray, Lord, that You would be with us today as we deliberate for the citizens of this great state of Michigan. We pray, Lord, that You would direct our path; that You would order our footsteps in the way that we should go. We pray, Lord, for direction. We pray that we would conduct our business today in order. We pray, Lord, that at the end of the day, we can look and say, 'it has been a good day.' We pray for blessing upon our state and nation during this independence celebration that we anticipate. We pray, Lord, that You would bless our nation. Keep us together as a people. We pray that in everything that we do, we seek to give You the praise, the honor and the glory. Let the words of our mouths and the meditations of our hearts be acceptable in Thy sight, O Lord, our Rock and our Redeemer. Amen."
______
Rep. Jacobs moved that Reps. Bogardus, Wojno and Zelenko be excused from today's session.
The motion prevailed.
Rep. Vander Roest moved that Rep. Godchaux be excused from today's session.
The motion prevailed.
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 516.
A resolution of tribute offered as a memorial for Richard Friske, Sr., former member of the Michigan House of Representatives.
Whereas, The members and staff of the Michigan State Legislature were saddened to learn of the passing of a colleague, Richard Friske, who served the people of his district, and the entire state, as a State Representative. His service in the Legislature and in agriculture strengthened Michigan and we remain grateful for his spirit of service; and
Whereas, Richard Friske grew up in a turbulent era in Europe. Born in 1925 in Poland, Richard Friske served in the German air force during the Second World War. After the war, he married Olga Kottke in 1950 and moved to Racine, Wisconsin in 1952. The couple moved to Boyne Falls and Boyne City, finally settling in Banks Township where they built up their Friske Orchards business and raised three children, Judy, Richard, and Kornelius; and
Whereas, Embracing the vibrant democracy that welcomed him and allowed him to prosper with his family, Richard Friske shouldered the responsibilities of citizenship. He won election to the Michigan State House of Representatives and served from 1971 to 1972 as the legislator from the 106th district. He also ran for the United States House of Representatives in 1974; and
Whereas, His love of agriculture was evident in the years since his public service. Richard Friske continued his work with Friske Orchards and shared his knowledge of agriculture and marketing with his peers through the Michigan State Horticultural Society and other organizations. His excellence was recognized in 1997 when he won the Third Place prize in the society's inaugural Apple Cider Contest. Truly, Richard Friske contributed much to the people of Michigan during his long and bountiful life; now, therefore, be it
Resolved by the House of Representatives, That we extend our deepest condolences to the family of Richard Friske and honor his memory as a devoted family man, citizen, and legislator of the Michigan State House of Representatives; and be it further
Resolved, That copies of this resolution be transmitted to the Friske family as evidence of our respect for his accomplishments.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
Messages from the Senate
House Bill No. 5467, entitled
A bill to create the Detroit area regional transportation authority; to transfer certain powers of authorities to the Detroit area regional transportation authority; to provide regional transportation for senior citizens, citizens with
disabilities, citizens without the economic means to provide their own personal transportation, and all other citizens; to continue the suburban mobility authority for regional transportation; to prescribe certain powers and duties of the authorities; to provide for the addition and withdrawal of certain local entities from the authority; to provide for the powers and duties of certain state agencies with respect to the authority; to provide for the issuance of bonds and notes; to provide for the state to guarantee payment of certain claims against the authority and give the state a lien in satisfaction of payment; to protect the rights of employees of existing public transportation systems; to provide for the pledge of taxes, revenues, assessments, tax levies, and other funds for bond and note payments; to authorize certain local entities to levy property taxes and make special assessments to fulfill their obligations under certain contracts with the authority; and to repeal acts and parts of acts.
The Senate has appointed Senators Bullard, McCotter and Young as conferees to join with Reps. Allen, Godchaux and Thomas.
The bill was referred to the Conference Committee on Monday, July 1, 2002.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Commerce, by Rep. Allen, Chair, reported
Senate Bill No. 534, entitled
A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 9 (MCL 456.529), as amended by 1982 PA 132.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 534 To Report Out:
Yeas: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Howell, Koetje, Van Woerkom, Vear, Rivet, Kolb, Lipsey, Waters,
Nays: None.
The Committee on Commerce, by Rep. Allen, Chair, reported
Senate Bill No. 535, entitled
A bill to amend 1927 PA 10, entitled "An act to authorize cemetery corporations to sell or convey property rights, franchises and liabilities to a municipal corporation," by amending the title and sections 1, 2, 3, and 4 (MCL 456.181, 456.182, 456.183, and 456.184).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 535 To Report Out:
Yeas: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Howell, Van Woerkom, Vear, Rivet, Kolb, Lipsey, Waters,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Allen, Chair of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, July 2, 2002, at 9:00 a.m.,
Present: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Howell, Koetje, Van Woerkom, Vear, Rivet, Kolb, Lipsey, Waters,
Absent: Reps. Middaugh, Lemmons, McConico, Zelenko,
Excused: Reps. Middaugh, Lemmons, McConico, Zelenko.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Patterson, Chair of the Committee on House Oversight and Operations, was received and read:
Meeting held on: Tuesday, July 2, 2002, at 10:00 a.m.,
Present: Reps. Patterson, Julian, Jacobs,
Absent: Reps. Kuipers, Lipsey,
Excused: Reps. Kuipers, Lipsey.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, June 20:
Senate Bill Nos. 1376 1377 1378 1379 1380
The Clerk announced the enrollment printing and presentation to the Governor on Friday, June 28, for his approval of the following bill:
Enrolled House Bill No. 5103 at 1:25 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, June 28:
House Bill Nos. 6227 6228 6229 6230 6231 6232
Messages from the Governor
The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:
Date: June 27, 2002
Time: 9:30 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4462 (Public Act No. 476, I.E.), being
An act to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal acts and parts of acts," by amending section 101 (MCL 388.1701), as amended by 2002 PA 191.
(Filed with the Secretary of State June 27, 2002, at 3:56 p.m.)
Date: June 27, 2002
Time: 9:40 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5805 (Public Act No. 477, I.E.), being
An act to amend 1996 PA 376, entitled "An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials," by amending section 4 (MCL 125.2684), as amended by 2000 PA 259.
(Filed with the Secretary of State June 27, 2002, at 3:58 p.m.)
Date: June 27, 2002
Time: 9:42 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5806 (Public Act No. 478, I.E.), being
An act to amend 1996 PA 376, entitled "An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials," by amending section 6 (MCL 125.2686), as amended by 2000 PA 259.
(Filed with the Secretary of State June 27, 2002, at 4:00 p.m.)
Date: June 27, 2002
Time: 9:50 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5587 (Public Act No. 479, I.E.), being
An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 44 (MCL 211.44), as amended by 2000 PA 364.
(Filed with the Secretary of State June 27, 2002, at 4:02 p.m.)
Date: June 27, 2002
Time: 9:52 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5991 (Public Act No. 480, I.E.), being
An act to amend 1962 PA 174, entitled "An act to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts, chattel paper and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect thereto; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts," by amending section 9201 (MCL 440.9201), as amended by 2002 PA 18.
(Filed with the Secretary of State June 27, 2002, at 4:04 p.m.)
Date: June 27, 2002
Time: 9:55 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5993 (Public Act No. 481, I.E.), being
An act to provide for and establish possession and ownership rights in special tools for use in the fabrication of metal parts under certain conditions; to require procedures to establish a lien; and to establish and maintain a lien on certain special tools.
(Filed with the Secretary of State June 27, 2002, at 4:06 p.m.)
Date: June 27, 2002
Time: 10:05 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5279 (Public Act No. 483, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 13 of chapter II, section 2a of chapter IV, section 9a of chapter X, and sections 1 and 3c of chapter XI (MCL 762.13, 764.2a, 770.9a, 771.1, and 771.3c), section 13 of chapter II as amended by 1994 PA 286, section 9a of chapter X as amended by 2001 PA 208, and sections 1 and 3c of chapter XI as amended by 1998 PA 520.
(Filed with the Secretary of State June 27, 2002, at 4:10 p.m.)
Date: June 27, 2002
Time: 10:08 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 6062 (Public Act No. 484, I.E.), being
An act to amend 1987 PA 230, entitled "An act to authorize certain local governmental units to incorporate municipal health facilities corporations and subsidiary municipal health facilities corporations for establishing, modifying, operating, and managing health services and acquiring, constructing, adding to, repairing, remodeling, renovating, equipping, and reequipping hospitals and other health care facilities and related purposes; to provide for the application of this act to existing municipal hospitals and for the transfer of ownership of hospital funds and personal property; to validate and ratify the existence, organization, actions, proceedings, and board membership of existing organizations acting as county public hospitals; to provide for the appointment of trustees; to grant certain powers of a public body corporate to health facilities corporations and subsidiary health facilities corporations; to empower certain local governmental units to encumber property for the benefit of, transfer or make property available to, issue bonds to construct facilities to be used by, appropriate funds for, and levy a tax for, municipal health facilities corporations and subsidiary municipal health facilities corporations; to empower certain local governmental units to guarantee obligations of municipal health facilities corporations and subsidiary municipal health facilities corporations and to permit certain local governmental units to pledge their full faith and credit to pay such guaranties; to provide for transfer of ownership or operation of health care facilities and health services to nonprofit health care organizations; to authorize municipal health facilities corporations and subsidiary municipal health facilities corporations to borrow money and issue notes for the purposes of meeting expenses of operation and to issue corporation obligations for the purpose of acquisition, construction, repair, remodeling, equipping or re-equipping of health care facilities and for the refinancing, refunding, or refunding in advance of indebtedness of the municipal health facilities corporations or the subsidiary municipal health facilities corporations or of indebtedness of certain local governmental units undertaken on their behalf; to authorize municipal health facilities corporations and subsidiary municipal health facilities corporations to enter into mortgages, deeds of trust, and other agreements for security which may include provisions for the appointment of receivers; to exempt obligations and property of municipal health facilities corporations and subsidiary municipal health facilities corporations from taxation; and to provide other rights, powers, and duties of municipal health facilities corporations and subsidiary municipal health facilities corporations," by amending section 305 (MCL 331.1305), as amended by 1988 PA 502.
(Filed with the Secretary of State June 27, 2002, at 4:12 p.m.)
Date: June 27, 2002
Time: 10:10 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5804 (Public Act No. 485, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 222 and 244 (MCL 257.222 and 257.244), section 222 as amended by 2000 PA 397 and section 244 as amended by 2000 PA 369, and by adding section 17c.
(Filed with the Secretary of State June 27, 2002, at 4:14 p.m.)
Date: June 27, 2002
Time: 10:12 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5591 (Public Act No. 486, I.E.), being
An act to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending section 471 (MCL 206.471), as amended by 1996 PA 484.
(Filed with the Secretary of State June 27, 2002, at 4:16 p.m.)
Date: June 27, 2002
Time: 10:30 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5928 (Public Act No. 487, I.E.), being
An act to amend 2000 PA 92, entitled "An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts," by amending sections 1109, 1119, 3119, 4111, 4117, 6101, 6149, and 7101 (MCL 289.1109, 289.1119, 289.3119, 289.4111, 289.4117, 289.6101, 289.6149, and 289.7101); and to repeal acts and parts of acts.
(Filed with the Secretary of State June 27, 2002, at 4:18 p.m.)
Date: June 27, 2002
Time: 4:10 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5889 (Public Act No. 488, I.E.), being
An act to amend 1955 PA 10, entitled "An act to provide for the registration of historic sites," by amending the title and sections 1 and 2 (MCL 399.151 and 399.152) and by adding sections 3, 4, 5, 6, 7, 8, 9, and 10.
(Filed with the Secretary of State June 28, 2002, at 2:10 p.m.)
Date: June 27, 2002
Time: 4:15 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5807 (Public Act No. 489, I.E.), being
An act to amend 1990 PA 345, entitled ''An act to create a state survey and remonumentation commission and to prescribe its powers and duties; to provide for the appointment of an executive director; to provide for a contract for the services of a state geodetic advisor; to create the state survey and remonumentation fund and to provide for its use; to coordinate and implement the monumentation and remonumentation of property controlling corners in this state and coordinate the establishment of geographic information systems; and to provide for certain powers and duties of certain state and local officers and agencies,'' by amending sections 8 and 12 (MCL 54.268 and 54.272), as amended by 1998 PA 5.
(Filed with the Secretary of State June 28, 2002, at 2:12 p.m.)
Communications from State Officers
The following communications from the Office of the State Budget were received and read:
June 19, 2002
Transmitted under this cover is a schedule entitled "Statement of Revenue Subject to Constitutional Limitation - Legal Basis." The statement is submitted pursuant to Section 18.1350 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 26 of the Michigan Constitution for the fiscal year 2000-2001.
The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant's review is enclosed.
If you have questions regarding this report, please contact Mr. Leon E. Hank, Director, Office of Financial Management, at 373-1010.
June 28, 2002
This letter transmits the "Statement of the Proportion of Total State Spending from State Sources Paid to Units of Local Government - Legal Basis" for fiscal year 1999-2000, which has been prepared in accordance with Sections 18.1115(5), 18.1303 - 18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution.
The statement has been reviewed by the Office of the Auditor General and a copy of their independent accountant's review letter is enclosed.
If you have any questions regarding this report, please contact Mr. Leon E. Hank, Director, Office of Financial Management, at 373-1010.
Sincerely,
Don Gilmer
State Budget Director
The communications were referred to the Clerk.
The following communications from the Auditor General were received and read:
June 26, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Department of Treasury
October 1, 1999 through September 30, 2001
June 26, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit Including the Provisions
of the Single Audit Act, of the
Department of Consumer and Industry Services
October 1, 1999 through September 30, 2001
June 27, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit of the
Michigan Strategic Fund
October 1, 2000 through September 30, 2001
June 27, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit of the
Michigan Economic Development Corporation
October 1, 2000 through September 30, 2001
June 27, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Real Estate Division
Department of Management and Budget
June 2002
June 27, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Department of Education
October 1, 1999 through September 30, 2001
June 28, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Department of Community Health
October 1, 1999 through September 30, 2001
June 28, 2002
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Department of Environmental Quality
October 1, 1999 through September 30, 2001
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Operations.
The following communication from the Department of Management and Budget was received and read:
June 27, 2002
Enclosed is a copy of the Comprehensive Annual Financial Report for the Year Ending December 31, 2001. I am providing this to you pursuant to the requirements of the MERS Plan Document and MCL 38.1536(2)(f).
Sincerely,
Anne M. Wagner
Executive Director
The communication was referred to the Clerk.
Introduction of Bills
Reps. Kowall, Patterson, Raczkowski, Koetje, Faunce, Stewart and Richner introduced
House Bill No. 6233, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 410b.
The bill was read a first time by its title and referred to the Committee on Civil Law and the Judiciary.
Rep. Meyer introduced
House Bill No. 6234, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Huron county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Woodward, Jacobs, Kolb, Minore, Jamnick, Gieleghem, Dennis, Waters, Bernero and Hardman introduced
House Bill No. 6235, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 97.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Schauer and Woodward introduced
House Bill No. 6236, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 2000 PA 432.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Schauer and Woodward introduced
House Bill No. 6237, entitled
A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending the title and section 15 (MCL 565.965) and by adding section 14a.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Richner, Bovin, Spade, Toy, Voorhees, Woronchak, Pappageorge, DeRossett, Howell, Vander Veen, DeVuyst and Lemmons introduced
House Bill No. 6238, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 675e.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Richardville introduced
House Bill No. 6239, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 353b.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Minore, Phillips, McConico, Murphy, Bogardus, Adamini and Lemmons introduced
House Joint Resolution AA, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 54 of article IV and section 30 of article V, to modify term limits for certain elected state offices.
The joint resolution was read a first time by its title and referred to the Committee on Redistricting and Elections.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Ruth Johnson, Spade, Switalski, Raczkowski, Sheltrown, Middaugh, Jansen, Anderson, Hardman, Hummel, DeVuyst, Julian, Pestka, Hager, Stewart, Gosselin, Bradstreet, Vander Veen, Koetje, Palmer, Van Woerkom, DeWeese, Drolet, Meyer, Newell, Rich Brown, Waters, Neumann, Schauer, Jelinek, Rocca, Lemmons, Kooiman, Pappageorge, Vear, Mead, Toy, Voorhees, Vander Roest, Shackleton, Cassis, Ehardt, Richardville, DeRossett, Mans, Bovin, Kowall, Schermesser, Caul, Faunce, Howell, Hale and Birkholz offered the following resolution:
House Resolution No. 517.
A resolution condemning the Ninth United States Circuit Court of Appeals' decision holding that the Pledge of Allegiance is unconstitutional.
Whereas, For more than a century the Pledge of Allegiance has been a symbol of America's spirit and dedication to freedom. For nearly 50 of those years the Pledge has contained the phrase "under God." To now, particularly at a time when our nation is under the dark cloud of terrorism, declare the Pledge of Allegiance unconstitutional is pure folly; and
Whereas, This ruling goes against the fabric of our nation. The flag has always, and will always, symbolize America. The Pledge of Allegiance is a fundamental affirmation of this pride in oneness. To be declared unconstitutional by the Court of Appeals with the record for having its decisions overturned is untenable and, in truth, unbelievable; and
Whereas, Common sense must prevail. We can be sure that the full Ninth Circuit Court of Appeals or the United States Supreme Court will overturn this ill-conceived 2-1 decision. Truly, references to "under God" only supplement the force of this solemn declaration. The Ninth Circuit decision can not stand; now, therefore, be it
Resolved by the House of Representatives, That this body condemns the decision of the Ninth Circuit Court of Appeals in declaring the Pledge of Allegiance unconstitutional; and be it further
Resolved, That copies of this document be presented to the judges of the United States Ninth Circuit Court of Appeals and the justices of the United States Supreme Court.
The resolution was referred to the Committee on House Oversight and Operations.
Reps. Ruth Johnson, Bishop, Spade, Switalski, Raczkowski, Sheltrown, Minore, Jansen, Anderson, DeVuyst, Julian, Murphy, Lipsey, McConico, Hansen, Hager, Stewart, Gosselin, Vander Veen, Koetje, Van Woerkom, DeWeese, Drolet, Meyer, Rich Brown, Waters, Neumann, Jelinek, Jamnick, Rocca, Lemmons, Basham, Rivet, Pappageorge, Vear, Mead, Toy, Voorhees, Shackleton, Cassis, Ehardt, Richardville, DeRossett, Bovin, Kowall, Schermesser, Caul, Faunce, Howell, Hale and Birkholz offered the following resolution:
House Resolution No. 518.
A resolution honoring the life and memory of Mr. William Offer.
Whereas, It is with great respect for the many ways in which he strengthened this state that we honor the memory of Mr. William Offer. We would like to express our deepest sympathies to the family and friends of William Offer, whose recent death has left all who knew him deeply saddened and stirred with memories of the many contributions he made to northern Oakland County as township supervisor of Oxford Township. Gone from our midst is a man who was totally dedicated to enhancing the overall quality of life for area residents; and
Whereas, A man of integrity and strong convictions, William Offer was a resident of Oxford Township for over four decades. He served as township trustee from 1963-1970 and Township Supervisor from 1982-1988. During this time, he served on the township's Parks and Recreation Finance Committee, Cable TV Committee, and chaired the Planning Committee for the development of Seymour Lake Park. He was also a member of the Oxford Bank Board of Directors, a member of the Oxford Rotary Club since 1988, and a parishioner at St. Joseph Catholic Church in Lake Orion. William was an ardent follower of the Oxford Girls basketball team and Oxford Boys golf team; and
Whereas, William Offer served in the U.S. Army during World War II, graduated from the University of Detroit with a bachelor's degree in accounting, and became a certified public accountant in 1951. He served as vice president and treasurer of Vesley's in Lapeer from 1972-1982, finance controller and associate superintendent of Warren Consolidated Schools, and vice president and secretary/treasurer of Sea Ray Industries from 1961-1970. He was a member of the American Society of Accountants and Oakland County Township Treasurers Society; and
Whereas, Throughout his tenure serving Oxford Township, he won the unqualified respect and admiration of everyone who had the good fortune of working with him. In addition, he and his dear wife, Anna Marie, were a constant source of love and guidance to their three sons; William, Thomas, and Robert; and four grandchildren, Timothy, Benjamin, Daniel, and Karen. Indeed, in all of his endeavors, William Offer demonstrated character, generosity, kindness, and determination. Truly, his passing leaves a void which can never be filled; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor the life and memory of Mr. William Offer; and be it further
Resolved, That a copy of this resolution be transmitted to his family as an enduring testimony to the high esteem in which his life and memory are held by the people of the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Hart, Spade, Switalski, Bishop, Raczkowski, Sheltrown, Jansen, Reeves, Hardman, DeVuyst, Julian, Murphy, Lipsey, McConico, Hansen, Hager, Stewart, Vander Veen, Koetje, Van Woerkom, DeWeese, Drolet, Meyer, Rich Brown, Waters, Neumann, Jelinek, Jamnick, Lemmons, Basham, Kooiman, Pappageorge, Vear, Mead, Toy, Voorhees, Vander Roest, Shackleton, Ehardt, Richardville, DeRossett, Bovin, Schermesser, Caul, Faunce, Howell, Hale and Birkholz offered the following resolution:
House Resolution No. 519.
A resolution honoring Joel Samy for his work with World Hope USA.
Whereas, World Hope USA, a Michigan-based nonprofit organization, and its founder and president, Joel Samy, have dedicated their efforts since 1997 to providing humanitarian assistance, implementing sustainable development initiatives, and empowering people to build secure and productive societies in Central and Southeastern Europe with a strategic focus in the former Yugoslavia; and
Whereas, World Hope USA creates synergy with the business community, churches, educational institutions, medical groups, nongovernmental organizations, and, most importantly, volunteers to provide health and hope to this post-war and post-communist region; and
Whereas, World Hope USA reduces costs and increases its impact by focusing its activities in the former Yugoslavia. World Hope USA and its partners have given food, health, and hope to over 320,000 people and rebuilt an orphanage in Sarajevo, Bosnia with over $1.5 million of direct assistance being provided to empower people in the region of their focus. It has recruited over 200 volunteers from the state of Michigan to provide help and hope to refugee families and orphans in need; and
Whereas, The Michigan Trade Mission to Croatia was officially launched in May of 2002. It is scheduled for a May 2003 collaborative project with Michigan business leaders, legislators, and leaders in academia. Also, World Hope USA and the Van Andel Global Trade Center have committed to promoting and fostering business relationships between Michigan businesses and businesses in the region of focus, noting the initiative will mutually benefit the people of Michigan and of the former Yugoslavia; and
Whereas, Joel Samy, is commissioned as a strategic envoy from Michigan to Central and Southeastern Europe for the purposes of building stronger relationships between the people of Michigan and this region of focus in the areas of humanitarian, economic and educational development efforts, civics initiatives, and cultural exchanges; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body honor Joel Samy for his work with World Hope USA.
Pending the reference of the resolution to a committee,
Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Dennis, Spade, Switalski, Raczkowski, Sheltrown, Minore, Kolb, Clark, Jansen, Anderson, Rison, Hardman, DeVuyst, Julian, Murphy, Lipsey, McConico, Pestka, Hansen, Jacobs, Thomas, Stewart, Vander Veen, Van Woerkom, DeWeese, Rich Brown, Bernero, Waters, Neumann, Schauer, Jelinek, Plakas, Jamnick, Rocca, Lemmons, Basham, Rivet, Pappageorge, Adamini, Vear, Mead, Garza, Cassis, Ehardt, Richardville, DeRossett, Schermesser, Caul, Faunce, Howell, Hale and Birkholz offered the following resolution:
House Resolution No. 520.
A resolution commemorating the 100th anniversary of the Muskegon Recreation Club of Muskegon, Michigan, and expressing appreciation for their valuable contributions to Michigan.
Whereas, We take great pride in extending greetings and felicitations to the Muskegon Recreation Club upon the occasion of their 100th anniversary. The Muskegon Recreation Club was formed on August 1, 1902, in Muskegon, Michigan, and has met in the same building, a former lumber baron's home, since 1926. The oldest social club in the Muskegon area, the Muskegon Recreation Club was founded by a small group of sportsmen who were interested in the preservation of fish and wildlife. That small group of people, unbeknownst to them, began a tradition that has lasted nine decades and has contributed much to the Muskegon community; and
Whereas, In our day and age, words like conservation, preservation of wetlands, and other environmentally conscious terms are commonplace. One hundred years ago, a group of citizens were already showing its concern for the environment. The first members of the Muskegon Recreation Club held common beliefs in condemning all acts of discourtesy or vandalism and "unsportsmanlike" conduct that might create prejudice against hunters and fishermen. They invited new members who enjoyed the sport of shooting and angling and who would increase opportunities for these sports by increasing and preserving the supply of game birds, animals, and fish. They also were interested in the preservation and protection of forests, lakes, and streams; and
Whereas, From its original contingent of nine members, the Muskegon Recreation Club has grown to a present membership of almost 200 people which includes hunters, those who enjoy fishing, and many other people with a diverse range of interests. Today, the anniversary of the Muskegon Recreation Club is celebrated with a feast by its members from all walks of life. All of the members currently enjoy the benefits of their membership and the many activities of the club. We congratulate each of them on reaching this milestone in the history of the Muskegon Recreation Club and urge them to continue their involvement within their community and our state; and
Whereas, It is also appropriate to note that the membership of the Muskegon Recreation Club has been most generous in devoting its time, talent, and money to various charitable activities within the Muskegon community, including multiple sclerosis research fund-raising and children's polio causes fund-raising. The Muskegon Recreation Club has also been instrumental in environmental concerns including clean water issues along Muskegon Lake; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of the Muskegon Recreation Club of Muskegon, Michigan, and express appreciation for their valuable contributions to Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the Muskegon Recreation Club as evidence of our esteem.
Pending the reference of the resolution to a committee,
Rep. Patterson moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Quorum Call
Rep. Voorhees questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 1005 Yeas--100
| Adamini | Faunce | Kuipers | Rison |
| Allen | Frank | LaSata | Rivet |
| Anderson | Garza | Lemmons | Rocca |
| Basham | George | Lipsey | Schauer |
| Bernero | Gieleghem | Mans | Schermesser |
| Birkholz | Gilbert | Mead | Scranton |
| Bisbee | Gosselin | Meyer | Shackleton |
| Bishop | Hager | Middaugh | Sheltrown |
| Bovin | Hale | Minore | Shulman |
| Bradstreet | Hansen | Mortimer | Spade |
| Brown, B. | Hardman | Murphy | Stamas |
| Brown, C. | Hart | Neumann | Stewart |
| Brown, R. | Howell | Newell | Switalski |
| Callahan | Hummel | O'Neil | Tabor |
| Cassis | Jacobs | Palmer | Thomas |
| Caul | Jamnick | Pappageorge | Toy |
| Clark, I. | Jansen | Patterson | Van Woerkom |
| Clarke, H. | Jelinek | Pestka | Vander Roest |
| Daniels | Johnson, Rick | Phillips | Vander Veen |
| Dennis | Johnson, Ruth | Plakas | Vear |
| DeRossett | Julian | Pumford | Voorhees |
| DeVuyst | Koetje | Quarles | Waters |
| DeWeese | Kolb | Raczkowski | Whitmer |
| Drolet | Kooiman | Richardville | Woodward |
| Ehardt | Kowall | Richner | Woronchak |
In The Chair: Julian
Rep. Patterson moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Patterson moved to discharge the Committee on House Oversight and Operations from further consideration of House Bill No. 4017.
The motion prevailed.
Second Reading of Bills
House Bill No. 4017, entitled
A bill to amend 1877 PA 67, entitled "An act relative to the organization of the meetings of the legislature," (MCL 4.41 to 4.46) by adding section 2a.
The bill was read a second time.
Rep. Rocca moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Jacobs moved that Reps. Reeves and Stallworth be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6208, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2000 PA 279.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1006 Yeas--102
| Adamini | Frank | Lipsey | Rivet |
| Allen | George | Lockwood | Rocca |
| Anderson | Gieleghem | Mans | Schauer |
| Basham | Gilbert | McConico | Schermesser |
| Bernero | Gosselin | Mead | Scranton |
| Birkholz | Hager | Meyer | Shackleton |
| Bisbee | Hale | Middaugh | Sheltrown |
| Bishop | Hansen | Minore | Shulman |
| Bovin | Hardman | Mortimer | Spade |
| Bradstreet | Hart | Murphy | Stamas |
| Brown, B. | Howell | Neumann | Stewart |
| Brown, C. | Hummel | Newell | Switalski |
| Brown, R. | Jacobs | O'Neil | Tabor |
| Callahan | Jamnick | Palmer | Thomas |
| Cassis | Jansen | Pappageorge | Toy |
| Caul | Jelinek | Patterson | Van Woerkom |
| Clark, I. | Johnson, Rick | Pestka | Vander Roest |
| Clarke, H. | Johnson, Ruth | Phillips | Vander Veen |
| Daniels | Julian | Plakas | Vear |
| Dennis | Koetje | Pumford | Voorhees |
| DeRossett | Kolb | Quarles | Waters |
| DeVuyst | Kooiman | Raczkowski | Whitmer |
| DeWeese | Kowall | Richardville | Williams |
| Drolet | Kuipers | Richner | Woodward |
| Ehardt | LaSata | Rison | Woronchak |
Faunce Lemmons
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 1302, entitled
A bill to amend 2001 PA 34, entitled "Revised municipal finance act," by amending sections 105, 303, 319, 517, 701, and 809 (MCL 141.2105, 141.2303, 141.2319, 141.2517, 141.2701, and 141.2809) and by adding sections 304 and 802; and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Vear moved to amend the bill as follows:
1. Amend page 12, following line 5, by inserting:
"Sec. 401. (1) A municipality may, by resolution of its governing body, and without a vote of the electors, issue short-term municipal securities in anticipation of and payable from taxes to be collected by the municipality for its then next succeeding fiscal year or the taxes for a current fiscal year, or if the taxes for the next succeeding fiscal year and the taxes for the current fiscal year are both levied in the same calendar year, then in anticipation of and payable from the collection of both of the taxes.
(2) BY RESOLUTION OF ITS GOVERNING BODY AND WITHOUT A VOTE OF THE ELECTORS, AN AUTHORITY ORGANIZED UNDER 1957 PA 206, MCL 259.621 TO 259.631, OR A PUBLIC AIRPORT AUTHORITY CREATED OR INCORPORATED UNDER THE PUBLIC AIRPORT AUTHORITY ACT, CHAPTER VIA OF THE AERONAUTICS CODE OF THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.108 TO 259.125C, MAY BORROW MONEY AND ISSUE SHORT-TERM MUNICIPAL SECURITIES MATURING NOT MORE THAN 1 YEAR FROM THE DATE OF ISSUE IN ANTICIPATION OF THE COLLECTION OF REVENUES TO WHICH IT WILL BE ENTITLED TO RECEIVE WITHIN 1 YEAR FROM THE DATE OF THE SHORT-TERM MUNICIPAL SECURITIES' ISSUANCE. THE AMOUNT OF THE SHORT-TERM MUNICIPAL SECURITIES ISSUED UNDER THIS SECTION SHALL NOT EXCEED 50% OF THE REVENUES COLLECTED IN THE PRECEDING FISCAL YEAR NOT PLEDGED FOR THE PAYMENT OF A SECURITY OTHER THAN A SHORT-TERM MUNICIPAL SECURITY ISSUED UNDER THIS SECTION AS CONCLUSIVELY CERTIFIED BY THE GOVERNING BODY OF THE AUTHORITY. THE RESOLUTION SHALL PROVIDE FOR THE PLEDGING OF ALL OR A PORTION OF THE REVENUES OF THE AUTHORITY NOT PREVIOUSLY PLEDGED FOR THE PAYMENT OF A SECURITY. THE RESOLUTION MAY ALSO PROVIDE FOR THE PLEDGING OF OTHER ASSETS OF THE AUTHORITY AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE SHORT-TERM MUNICIPAL SECURITY. THE RESOLUTION ALSO SHALL PROVIDE THAT FROM THE RECEIPTS OF THE REVENUES IN ANTICIPATION OF WHICH THE AUTHORITY ISSUED THE SHORT-TERM MUNICIPAL SECURITY, THERE SHALL BE SET ASIDE IN A SPECIAL FUND TO BE USED FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THE SHORT-TERM MUNICIPAL SECURITY A PORTION OF EACH DOLLAR RECEIVED THAT IS NOT LESS THAN 125% OF THE PERCENTAGE THAT THE PRINCIPAL AMOUNT OF THE SHORT-TERM MUNICIPAL SECURITY BEARS TO THE AMOUNT CERTIFIED AS THE REVENUES ESTIMATED TO BE COLLECTED, UNTIL THE AMOUNT SET ASIDE IS SUFFICIENT FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THE SHORT-TERM MUNICIPAL SECURITY. THE AMOUNT SET ASIDE SHALL BE USED ONLY FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON THE SHORT-TERM MUNICIPAL SECURITY UNTIL THE SHORT-TERM MUNICIPAL SECURITY IS PAID AS TO BOTH PRINCIPAL AND INTEREST. EXCEPT WHEN IN CONFLICT WITH THE REQUIREMENTS OF SECTION 9 OF 1957 PA 206, MCL 259.629, THE SHORT-TERM MUNICIPAL SECURITIES AUTHORIZED UNDER THIS SUBSECTION ARE SUBJECT TO THIS ACT.".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1007 Yeas--90
| Allen | Faunce | Mans | Schauer |
| Anderson | Garza | Mead | Schermesser |
| Basham | George | Meyer | Scranton |
| Bernero | Gilbert | Middaugh | Sheltrown |
| Birkholz | Gosselin | Minore | Shulman |
| Bisbee | Hager | Mortimer | Spade |
| Bishop | Hale | Neumann | Stamas |
| Bovin | Hansen | Newell | Stewart |
| Bradstreet | Hart | O'Neil | Switalski |
| Brown, B. | Howell | Palmer | Tabor |
| Brown, C. | Hummel | Pappageorge | Thomas |
| Brown, R. | Jamnick | Patterson | Toy |
| Cassis | Jansen | Pestka | Van Woerkom |
| Caul | Jelinek | Phillips | Vander Roest |
| Clark, I. | Johnson, Rick | Plakas | Vander Veen |
| Clarke, H. | Johnson, Ruth | Pumford | Vear |
| Daniels | Julian | Quarles | Voorhees |
| Dennis | Koetje | Raczkowski | Waters |
| DeRossett | Kooiman | Richardville | Whitmer |
| DeVuyst | Kowall | Richner | Williams |
| DeWeese | Kuipers | Rison | Woodward |
| Drolet | LaSata | Rocca | Woronchak |
Ehardt Lockwood
Nays--4
Callahan Lemmons Lipsey McConico
In The Chair: Julian
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to amend 2001 PA 34, entitled "An act relative to the borrowing of money and the issuance of certain debt and securities; to provide for tax levies and sinking funds; to prescribe powers and duties of certain departments, state agencies, officials, and employees; to impose certain duties, requirements, and filing fees upon political subdivisions of this state; to authorize the issuance of certain debt and securities; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 105, 303, 319, 401, 517, and 809 (MCL 141.2105, 141.2303, 141.2319, 141.2401, 141.2517, and 141.2809) and by adding sections 304, 308, and 802; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Patterson moved that House Bill No. 4017 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4017, entitled
A bill to amend 1877 PA 67, entitled "An act relative to the organization of the meetings of the legislature," (MCL 4.41 to 4.46) by adding section 2a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1008 Yeas--88
| Allen | Ehardt | Kowall | Richner |
| Anderson | Faunce | Kuipers | Rocca |
| Basham | Frank | LaSata | Schauer |
| Bernero | Garza | Lemmons | Schermesser |
| Birkholz | George | Lockwood | Scranton |
| Bisbee | Gieleghem | Mans | Shackleton |
| Bishop | Gilbert | Mead | Sheltrown |
| Bovin | Gosselin | Meyer | Shulman |
| Bradstreet | Hager | Middaugh | Spade |
| Brown, B. | Hale | Mortimer | Stamas |
| Brown, C. | Hansen | Murphy | Stewart |
| Brown, R. | Hart | Neumann | Switalski |
| Callahan | Howell | Newell | Tabor |
| Cassis | Hummel | O'Neil | Toy |
| Caul | Jamnick | Palmer | Van Woerkom |
| Clark, I. | Jansen | Pappageorge | Vander Roest |
| Clarke, H. | Jelinek | Patterson | Vander Veen |
| Dennis | Johnson, Rick | Pestka | Vear |
| DeRossett | Johnson, Ruth | Plakas | Voorhees |
| DeVuyst | Julian | Pumford | Williams |
| DeWeese | Koetje | Raczkowski | Woodward |
| Drolet | Kooiman | Richardville | Woronchak |
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Anderson, Basham, Birkholz, Bisbee, Bishop, Bovin, Bradstreet, Bob Brown, Cameron Brown, Rich Brown, Callahan, Cassis, Caul, Clarke, DeRossett, DeVuyst, DeWeese, Drolet, Ehardt, Faunce, Gilbert, Gosselin, Hager, Hart, Hummel, Jansen, Jelinek, Ruth Johnson, Julian, Koetje, Kooiman, Kowall, Kuipers, Lockwood, Mans, Mead, Meyer, Middaugh, Neumann, Newell, O'Neil, Palmer, Pappageorge, Patterson, Plakas, Pumford, Raczkowski, Richardville, Richner, Scranton, Shackleton, Sheltrown, Shulman, Spade, Stamas, Stewart, Tabor, Toy, Vander Roest, Vander Veen, Van Woerkom, Vear, Voorhees, Woodward and Woronchak were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4719, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12541 (MCL 333.12541).
(The bill was received from the Senate on June 27, with amendments and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 2285.)
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1009 Yeas--94
| Adamini | Garza | Lemmons | Richner |
| Allen | George | Lipsey | Rison |
| Anderson | Gieleghem | Lockwood | Rocca |
| Basham | Gilbert | Mans | Schauer |
| Bernero | Gosselin | McConico | Schermesser |
| Birkholz | Hager | Mead | Shackleton |
| Bishop | Hale | Middaugh | Sheltrown |
| Bovin | Hansen | Minore | Shulman |
| Brown, B. | Hardman | Mortimer | Spade |
| Brown, C. | Hart | Murphy | Stamas |
| Brown, R. | Howell | Neumann | Stewart |
| Callahan | Jacobs | Newell | Switalski |
| Cassis | Jamnick | O'Neil | Tabor |
| Caul | Jansen | Palmer | Thomas |
| Clark, I. | Jelinek | Pappageorge | Toy |
| Clarke, H. | Johnson, Rick | Patterson | Van Woerkom |
| Daniels | Johnson, Ruth | Pestka | Vander Roest |
| Dennis | Julian | Phillips | Vander Veen |
| DeRossett | Koetje | Plakas | Waters |
| DeWeese | Kolb | Pumford | Whitmer |
| Drolet | Kooiman | Quarles | Williams |
| Ehardt | Kowall | Raczkowski | Woodward |
| Faunce | Kuipers | Richardville | Woronchak |
Frank LaSata
Nays--8
| Bisbee | DeVuyst | Meyer | Vear |
| Bradstreet | Hummel | Scranton | Voorhees |
In The Chair: Julian
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 534, entitled
A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 9 (MCL 456.529), as amended by 1982 PA 132.
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Patterson moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 534, entitled
A bill to amend 1968 PA 251, entitled "Cemetery regulation act," by amending section 9 (MCL 456.529), as amended by 1982 PA 132.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1010 Yeas--103
| Adamini | Frank | Lemmons | Rivet |
| Allen | Garza | Lipsey | Rocca |
| Anderson | George | Lockwood | Schauer |
| Basham | Gieleghem | Mans | Schermesser |
| Bernero | Gilbert | McConico | Scranton |
| Birkholz | Gosselin | Mead | Shackleton |
| Bisbee | Hager | Meyer | Sheltrown |
| Bishop | Hale | Middaugh | Shulman |
| Bovin | Hansen | Minore | Spade |
| Bradstreet | Hardman | Mortimer | Stamas |
| Brown, B. | Hart | Murphy | Stewart |
| Brown, C. | Howell | Neumann | Switalski |
| Brown, R. | Hummel | Newell | Tabor |
| Callahan | Jacobs | O'Neil | Thomas |
| Cassis | Jamnick | Palmer | Toy |
| Caul | Jansen | Pappageorge | Van Woerkom |
| Clark, I. | Jelinek | Patterson | Vander Roest |
| Clarke, H. | Johnson, Rick | Pestka | Vander Veen |
| Daniels | Johnson, Ruth | Plakas | Vear |
| Dennis | Julian | Pumford | Voorhees |
| DeRossett | Koetje | Quarles | Waters |
| DeVuyst | Kolb | Raczkowski | Whitmer |
| DeWeese | Kooiman | Reeves | Williams |
| Drolet | Kowall | Richardville | Woodward |
| Ehardt | Kuipers | Richner | Woronchak |
| Faunce | LaSata | Rison |
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to regulate the creation and management of cemeteries; to regulate the sale of cemetery services and merchandise; to provide for a cemetery commissioner, and to prescribe the powers and duties of the commissioner; to require the registration and audit of cemeteries; to regulate persons selling burial, entombment, or columbarium rights, cemetery services, or cemetery merchandise; and to prescribe penalties,".
The House agreed to the full title.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 535, entitled
A bill to amend 1927 PA 10, entitled "An act to authorize cemetery corporations to sell or convey property rights, franchises and liabilities to a municipal corporation," by amending the title and sections 1, 2, 3, and 4 (MCL 456.181, 456.182, 456.183, and 456.184).
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Patterson moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 535, entitled
A bill to amend 1927 PA 10, entitled "An act to authorize cemetery corporations to sell or convey property rights, franchises and liabilities to a municipal corporation," by amending the title and sections 1, 2, 3, and 4 (MCL 456.181, 456.182, 456.183, and 456.184).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1011 Yeas--102
| Adamini | Frank | Lipsey | Rivet |
| Allen | Garza | Lockwood | Rocca |
| Anderson | George | Mans | Schauer |
| Basham | Gieleghem | McConico | Schermesser |
| Bernero | Gilbert | Mead | Scranton |
| Birkholz | Gosselin | Meyer | Shackleton |
| Bisbee | Hager | Middaugh | Sheltrown |
| Bishop | Hale | Minore | Shulman |
| Bovin | Hansen | Mortimer | Spade |
| Bradstreet | Hardman | Murphy | Stamas |
| Brown, B. | Hart | Neumann | Stewart |
| Brown, C. | Howell | Newell | Switalski |
| Brown, R. | Hummel | O'Neil | Tabor |
| Callahan | Jacobs | Palmer | Thomas |
| Cassis | Jamnick | Pappageorge | Toy |
| Caul | Jansen | Patterson | Van Woerkom |
| Clark, I. | Jelinek | Pestka | Vander Roest |
| Clarke, H. | Johnson, Rick | Plakas | Vander Veen |
| Daniels | Johnson, Ruth | Pumford | Vear |
| Dennis | Julian | Quarles | Voorhees |
| DeRossett | Koetje | Raczkowski | Waters |
| DeVuyst | Kolb | Reeves | Whitmer |
| DeWeese | Kooiman | Richardville | Williams |
| Drolet | Kowall | Richner | Woodward |
| Ehardt | Kuipers | Rison | Woronchak |
Faunce LaSata
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 6066, entitled
A bill to amend 2001 PA 63, entitled "History, arts, and libraries act," by amending sections 2 and 21 (MCL 399.702 and 399.721) and by adding sections 7 and 22.
(The bill was received from the Senate on June 27, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 2286.)
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1012 Yeas--87
| Adamini | Gieleghem | Lockwood | Schermesser |
| Allen | Gilbert | Mans | Scranton |
| Anderson | Hager | McConico | Shackleton |
| Basham | Hale | Mead | Sheltrown |
| Bernero | Hansen | Meyer | Shulman |
| Birkholz | Hardman | Middaugh | Spade |
| Bisbee | Hart | Minore | Stamas |
| Bishop | Howell | Mortimer | Stewart |
| Bovin | Hummel | Murphy | Switalski |
| Brown, B. | Jacobs | Neumann | Tabor |
| Brown, C. | Jamnick | Newell | Toy |
| Brown, R. | Jelinek | O'Neil | Van Woerkom |
| Cassis | Johnson, Rick | Patterson | Vander Roest |
| Caul | Johnson, Ruth | Pestka | Vander Veen |
| Clark, I. | Julian | Phillips | Vear |
| Daniels | Koetje | Plakas | Voorhees |
| Dennis | Kolb | Quarles | Waters |
| DeRossett | Kooiman | Richardville | Whitmer |
| DeWeese | Kowall | Richner | Williams |
| Faunce | LaSata | Rivet | Woodward |
| Garza | Lemmons | Rocca | Woronchak |
| George | Lipsey | Schauer |
Nays--12
| Bradstreet | Drolet | Jansen | Pappageorge |
| Callahan | Ehardt | Kuipers | Pumford |
| DeVuyst | Gosselin | Palmer | Raczkowski |
In The Chair: Julian
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
Senate Bill No. 1232, entitled
A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 6, 7a, 212, 306, 307, 309, 312e, 312f, 319, 319b, 319c, 321, 321b, 323c, 667, 667a, 668, 669, 670, 732, 904, and 907 (MCL 257.6, 257.7a, 257.212, 257.306, 257.307, 257.309, 257.312e, 257.312f, 257.319, 257.319b, 257.319c, 257.321, 257.321b, 257.323c, 257.667, 257.667a, 257.668, 257.669, 257.670, 257.732, 257.904, and 257.907), section 6 as amended by 1992 PA 297, sections 7a and 323c as amended by 1991 PA 100, section 212 as amended by 1980 PA 398, section 306 as amended by 1999 PA 40, sections 307, 312f, 319b, and 732 as amended by 2002 PA 259, section 309 as amended by 2000 PA 456, section 312e as amended by 2000 PA 158, section 319 as amended by 2001 PA 159, section 319c as added by 1988 PA 346, section 667a as added by 2000 PA 367, section 668 as amended by 1980 PA 101, section 669 as amended by 1995 PA 248, section 904 as amended by 32 2 2000 PA 77, and section 907 as amended by 2001 PA 214, and by adding sections 319g and 669a; and to repeal acts and parts of acts.
(The bill was received from the Senate on June 27, with substitute (S-3) to the House substitute (H-1) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 59, p. 2286.)
The question being on concurring in the substitute (S-3) to the House substitute (H-1) made by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1013 Yeas--103
| Adamini | Frank | Lemmons | Rivet |
| Allen | Garza | Lipsey | Rocca |
| Anderson | George | Lockwood | Schauer |
| Basham | Gieleghem | Mans | Schermesser |
| Bernero | Gilbert | McConico | Scranton |
| Birkholz | Gosselin | Mead | Shackleton |
| Bisbee | Hager | Meyer | Sheltrown |
| Bishop | Hale | Middaugh | Shulman |
| Bovin | Hansen | Minore | Spade |
| Bradstreet | Hardman | Mortimer | Stamas |
| Brown, B. | Hart | Murphy | Stewart |
| Brown, C. | Howell | Neumann | Switalski |
| Brown, R. | Hummel | Newell | Tabor |
| Callahan | Jacobs | O'Neil | Thomas |
| Cassis | Jamnick | Palmer | Toy |
| Caul | Jansen | Pappageorge | Van Woerkom |
| Clark, I. | Jelinek | Patterson | Vander Roest |
| Clarke, H. | Johnson, Rick | Pestka | Vander Veen |
| Daniels | Johnson, Ruth | Phillips | Vear |
| Dennis | Julian | Plakas | Voorhees |
| DeRossett | Koetje | Pumford | Waters |
| DeVuyst | Kolb | Quarles | Whitmer |
| DeWeese | Kooiman | Raczkowski | Williams |
| Drolet | Kowall | Richardville | Woodward |
| Ehardt | Kuipers | Richner | Woronchak |
| Faunce | LaSata | Rison |
Nays--0
In The Chair: Julian
The House agreed to the title as amended.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 293.
A resolution to memorialize the Congress of the United States and the Food and Drug Administration to provide for an independent review and analysis of generic drugs submitted for approval.
(For text of resolution, see House Journal No. 89 of 2001, p. 2876.)
(The resolution was reported by the Committee on Health Policy on May 28, consideration of which, under the rules, was postponed until May 29.)
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
Senate Bill No. 1086, entitled
A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 2 (MCL 41.722), as amended by 1995 PA 139.
(The bill was read a second time, substitute (H-1) adopted and bill postponed temporarily on June 27, see House Journal No. 59, p. 2218.)
Rep. DeRossett moved to amend the bill as follows:
1. Amend page 3, line 2, after "WALLS" by inserting a comma and "PAVEMENT, OR OTHER SOUND MITIGATION TREATMENTS".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 6074, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9i.
(The bill was received from the Senate on June 19, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 20, see House Journal No. 57, p. 2139.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Bradstreet moved to substitute (H-6) the Senate substitute (S-1).
The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The Senate substitute (S-1), as substituted (H-6), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1014 Yeas--102
| Adamini | Frank | Lemmons | Richner |
| Allen | Garza | Lipsey | Rison |
| Anderson | George | Lockwood | Rocca |
| Basham | Gieleghem | Mans | Schauer |
| Bernero | Gilbert | McConico | Schermesser |
| Birkholz | Gosselin | Mead | Scranton |
| Bisbee | Hager | Meyer | Shackleton |
| Bishop | Hale | Middaugh | Sheltrown |
| Bovin | Hansen | Minore | Shulman |
| Bradstreet | Hardman | Mortimer | Spade |
| Brown, B. | Hart | Murphy | Stamas |
| Brown, C. | Howell | Neumann | Stewart |
| Brown, R. | Hummel | Newell | Switalski |
| Callahan | Jacobs | O'Neil | Tabor |
| Cassis | Jamnick | Palmer | Toy |
| Caul | Jansen | Pappageorge | Van Woerkom |
| Clark, I. | Jelinek | Patterson | Vander Roest |
| Clarke, H. | Johnson, Rick | Pestka | Vander Veen |
| Daniels | Johnson, Ruth | Phillips | Vear |
| Dennis | Julian | Plakas | Voorhees |
| DeRossett | Koetje | Pumford | Waters |
| DeVuyst | Kolb | Quarles | Whitmer |
| DeWeese | Kooiman | Raczkowski | Williams |
| Drolet | Kowall | Reeves | Woodward |
| Ehardt | Kuipers | Richardville | Woronchak |
Faunce LaSata
Nays--1
Rivet
In The Chair: Julian
Third Reading of Bills
Senate Bill No. 833, entitled
A bill to amend 1933 PA 99, entitled "An act to authorize villages, townships, cities, and school districts to enter into contracts and agreements for the purchase of real or personal property for public purposes; to provide for the payment of the purchase price thereof; to authorize school districts to enter into certain other contracts; and to prescribe the use of the real or personal property," by amending section 1 (MCL 123.721), as amended by 1997 PA 77.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1015 Yeas--102
| Allen | Garza | Lipsey | Rivet |
| Anderson | George | Lockwood | Rocca |
| Basham | Gieleghem | Mans | Schauer |
| Bernero | Gilbert | McConico | Schermesser |
| Birkholz | Gosselin | Mead | Scranton |
| Bisbee | Hager | Meyer | Shackleton |
| Bishop | Hale | Middaugh | Sheltrown |
| Bovin | Hansen | Minore | Shulman |
| Bradstreet | Hardman | Mortimer | Spade |
| Brown, B. | Hart | Murphy | Stamas |
| Brown, C. | Howell | Neumann | Stewart |
| Brown, R. | Hummel | Newell | Switalski |
| Callahan | Jacobs | O'Neil | Tabor |
| Cassis | Jamnick | Palmer | Thomas |
| Caul | Jansen | Pappageorge | Toy |
| Clark, I. | Jelinek | Patterson | Van Woerkom |
| Clarke, H. | Johnson, Rick | Pestka | Vander Roest |
| Daniels | Johnson, Ruth | Phillips | Vander Veen |
| Dennis | Julian | Plakas | Vear |
| DeRossett | Koetje | Pumford | Voorhees |
| DeVuyst | Kolb | Quarles | Waters |
| DeWeese | Kooiman | Raczkowski | Whitmer |
| Drolet | Kowall | Reeves | Williams |
| Ehardt | Kuipers | Richardville | Woodward |
| Faunce | LaSata | Richner | Woronchak |
Frank Lemmons
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1170, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending sections 23 and 47 (MCL 125.2023 and 125.2047), section 23 as amended by 1987 PA 278.
The bill was read a second time.
Rep. Cassis moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1174, entitled
A bill to amend 1969 PA 295, entitled "Higher education facilities authority act," by amending section 6 (MCL 390.926), as amended by 1982 PA 409.
The bill was read a second time.
Rep. Cassis moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1175, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending section 5 (MCL 390.1155), as amended by 1984 PA 259.
The bill was read a second time.
Rep. Cassis moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 1176, entitled
A bill to amend 1976 PA 289, entitled "An act to implement, clarify, and confirm the constitutional powers of the bodies corporate controlling those institutions of higher education named in sections 4, 5, and 6 of article 8 of the state constitution of 1963, or established by law as therein provided, regarding the establishment and financing of student loan programs," by amending section 2 (MCL 390.1352).
The bill was read a second time.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4537, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20188.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Health Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Scranton moved to amend the bill as follows:
1. Amend page 3, following line 8, by inserting:
"(T) HEALTH CARE ASSOCIATION OF MICHIGAN OR ITS SUCCESSOR ORGANIZATION.
(U) MICHIGAN ASSOCIATION FOR LOCAL PUBLIC HEALTH OR ITS SUCCESSOR ORGANIZATION.
(V) MICHIGAN HOSPICE AND PALLIATIVE CARE ORGANIZATION OR ITS SUCCESSOR ORGANIZATION.
(W) MICHIGAN SOCIETY OF ANESTHESIOLOGISTS OR ITS SUCCESSOR ORGANIZATION." and relettering the remaining subdivision.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. DeWeese moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Patterson moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4537, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20188.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1016 Yeas--102
| Adamini | George | Lockwood | Rivet |
| Allen | Gieleghem | Mans | Rocca |
| Anderson | Gilbert | McConico | Schauer |
| Basham | Gosselin | Mead | Schermesser |
| Bernero | Hager | Meyer | Scranton |
| Birkholz | Hale | Middaugh | Shackleton |
| Bisbee | Hansen | Minore | Sheltrown |
| Bishop | Hardman | Mortimer | Shulman |
| Bovin | Hart | Murphy | Spade |
| Bradstreet | Howell | Neumann | Stamas |
| Brown, B. | Hummel | Newell | Stewart |
| Brown, C. | Jacobs | O'Neil | Switalski |
| Brown, R. | Jamnick | Palmer | Tabor |
| Callahan | Jansen | Pappageorge | Thomas |
| Cassis | Jelinek | Patterson | Toy |
| Caul | Johnson, Rick | Pestka | Van Woerkom |
| Clark, I. | Johnson, Ruth | Phillips | Vander Roest |
| Clarke, H. | Julian | Plakas | Vander Veen |
| Daniels | Koetje | Pumford | Vear |
| Dennis | Kolb | Quarles | Voorhees |
| DeRossett | Kooiman | Raczkowski | Waters |
| DeVuyst | Kowall | Reeves | Whitmer |
| DeWeese | Kuipers | Richardville | Williams |
| Ehardt | LaSata | Richner | Woodward |
| Faunce | Lemmons | Rison | Woronchak |
Garza Lipsey
Nays--1
Drolet
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Jacobs moved that Rep. Rison be excused temporarily from today's session.
The motion prevailed.
Rep. Patterson moved that Senate Bill No. 1170 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1170, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending sections 23 and 47 (MCL 125.2023 and 125.2047), section 23 as amended by 1987 PA 278.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1017 Yeas--102
| Adamini | Garza | Lipsey | Rivet |
| Allen | George | Lockwood | Rocca |
| Anderson | Gieleghem | Mans | Schauer |
| Basham | Gilbert | McConico | Schermesser |
| Bernero | Gosselin | Mead | Scranton |
| Birkholz | Hager | Meyer | Shackleton |
| Bisbee | Hale | Middaugh | Sheltrown |
| Bishop | Hansen | Minore | Shulman |
| Bovin | Hardman | Mortimer | Spade |
| Bradstreet | Hart | Murphy | Stamas |
| Brown, B. | Howell | Neumann | Stewart |
| Brown, C. | Hummel | Newell | Switalski |
| Brown, R. | Jacobs | O'Neil | Tabor |
| Callahan | Jamnick | Palmer | Thomas |
| Cassis | Jansen | Pappageorge | Toy |
| Caul | Jelinek | Patterson | Van Woerkom |
| Clark, I. | Johnson, Rick | Pestka | Vander Roest |
| Clarke, H. | Johnson, Ruth | Phillips | Vander Veen |
| Daniels | Julian | Plakas | Vear |
| Dennis | Koetje | Pumford | Voorhees |
| DeRossett | Kolb | Quarles | Waters |
| DeVuyst | Kooiman | Raczkowski | Whitmer |
| DeWeese | Kowall | Reeves | Williams |
| Drolet | Kuipers | Richardville | Woodward |
| Ehardt | LaSata | Richner | Woronchak |
Faunce Lemmons
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, notes and bonds of the Michigan strategic fund; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund;
to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of the state; to provide penalties; and to repeal certain acts and parts of acts,".
The House agreed to the full title.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Patterson moved that Senate Bill No. 1174 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1174, entitled
A bill to amend 1969 PA 295, entitled "Higher education facilities authority act," by amending section 6 (MCL 390.926), as amended by 1982 PA 409.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1018 Yeas--103
| Adamini | Frank | Lemmons | Rivet |
| Allen | Garza | Lipsey | Rocca |
| Anderson | George | Lockwood | Schauer |
| Basham | Gieleghem | Mans | Schermesser |
| Bernero | Gilbert | McConico | Scranton |
| Birkholz | Gosselin | Mead | Shackleton |
| Bisbee | Hager | Meyer | Sheltrown |
| Bishop | Hale | Middaugh | Shulman |
| Bovin | Hansen | Minore | Spade |
| Bradstreet | Hardman | Mortimer | Stamas |
| Brown, B. | Hart | Murphy | Stewart |
| Brown, C. | Howell | Neumann | Switalski |
| Brown, R. | Hummel | Newell | Tabor |
| Callahan | Jacobs | O'Neil | Thomas |
| Cassis | Jamnick | Palmer | Toy |
| Caul | Jansen | Pappageorge | Van Woerkom |
| Clark, I. | Jelinek | Patterson | Vander Roest |
| Clarke, H. | Johnson, Rick | Pestka | Vander Veen |
| Daniels | Johnson, Ruth | Phillips | Vear |
| Dennis | Julian | Plakas | Voorhees |
| DeRossett | Koetje | Pumford | Waters |
| DeVuyst | Kolb | Quarles | Whitmer |
| DeWeese | Kooiman | Raczkowski | Williams |
| Drolet | Kowall | Reeves | Woodward |
| Ehardt | Kuipers | Richardville | Woronchak |
| Faunce | LaSata | Richner |
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to establish the Michigan higher education facilities authority; to prescribe its powers and duties; to authorize the authority to borrow money and issue bonds for educational facilities; to exempt the bonds from taxation; and to authorize the authority to lend money to nonprofit educational institutions in this state to finance or refinance capital improvements,".
The House agreed to the full title.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Patterson moved that Senate Bill No. 1175 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1175, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending section 5 (MCL 390.1155), as amended by 1984 PA 259.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1019 Yeas--103
| Adamini | Frank | Lemmons | Rivet |
| Allen | Garza | Lipsey | Rocca |
| Anderson | George | Lockwood | Schauer |
| Basham | Gieleghem | Mans | Schermesser |
| Bernero | Gilbert | McConico | Scranton |
| Birkholz | Gosselin | Mead | Shackleton |
| Bisbee | Hager | Meyer | Sheltrown |
| Bishop | Hale | Middaugh | Shulman |
| Bovin | Hansen | Minore | Spade |
| Bradstreet | Hardman | Mortimer | Stamas |
| Brown, B. | Hart | Murphy | Stewart |
| Brown, C. | Howell | Neumann | Switalski |
| Brown, R. | Hummel | Newell | Tabor |
| Callahan | Jacobs | O'Neil | Thomas |
| Cassis | Jamnick | Palmer | Toy |
| Caul | Jansen | Pappageorge | Van Woerkom |
| Clark, I. | Jelinek | Patterson | Vander Roest |
| Clarke, H. | Johnson, Rick | Pestka | Vander Veen |
| Daniels | Johnson, Ruth | Phillips | Vear |
| Dennis | Julian | Plakas | Voorhees |
| DeRossett | Koetje | Pumford | Waters |
| DeVuyst | Kolb | Quarles | Whitmer |
| DeWeese | Kooiman | Raczkowski | Williams |
| Drolet | Kowall | Reeves | Woodward |
| Ehardt | Kuipers | Richardville | Woronchak |
| Faunce | LaSata | Richner |
Nays--0
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to establish the Michigan higher education student loan authority for the purpose of providing loans to eligible students and to parents of students; to prescribe its powers and duties; to authorize the authority to borrow money and issue bonds which are subject to or exempt from federal income taxation and to provide for the disposition of those funds; to exempt the bonds from taxation; to authorize the authority to acquire loans made to eligible students or to parents of students; and to authorize persons, corporations, and associations to make gifts to the authority,".
The House agreed to the full title.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Patterson moved that Senate Bill No. 1176 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1176, entitled
A bill to amend 1976 PA 289, entitled "An act to implement, clarify, and confirm the constitutional powers of the bodies corporate controlling those institutions of higher education named in sections 4, 5, and 6 of article 8 of the state constitution of 1963, or established by law as therein provided, regarding the establishment and financing of student loan programs," by amending section 2 (MCL 390.1352).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1020 Yeas--101
| Adamini | Frank | LaSata | Richner |
| Allen | Garza | Lemmons | Rivet |
| Anderson | George | Lipsey | Rocca |
| Basham | Gieleghem | Lockwood | Schauer |
| Bernero | Gilbert | Mans | Scranton |
| Birkholz | Gosselin | McConico | Shackleton |
| Bisbee | Hager | Mead | Sheltrown |
| Bishop | Hale | Meyer | Shulman |
| Bovin | Hansen | Middaugh | Spade |
| Bradstreet | Hardman | Minore | Stamas |
| Brown, B. | Hart | Mortimer | Stewart |
| Brown, C. | Howell | Murphy | Switalski |
| Brown, R. | Hummel | Neumann | Tabor |
| Callahan | Jacobs | Newell | Thomas |
| Cassis | Jamnick | O'Neil | Toy |
| Caul | Jansen | Palmer | Van Woerkom |
| Clark, I. | Jelinek | Pappageorge | Vander Roest |
| Clarke, H. | Johnson, Rick | Patterson | Vander Veen |
| Daniels | Johnson, Ruth | Pestka | Vear |
| Dennis | Julian | Phillips | Voorhees |
| DeRossett | Koetje | Plakas | Waters |
| DeVuyst | Kolb | Pumford | Whitmer |
| DeWeese | Kooiman | Raczkowski | Williams |
| Drolet | Kowall | Reeves | Woodward |
| Ehardt | Kuipers | Richardville | Woronchak |
Faunce
Nays--0
In The Chair: Julian
The House agreed to the title of the bill.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Select Committees
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
House Bill No. 5646, entitled
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal years ending September 30, 2002 and September 30, 2003; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2003; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
Recommends:
First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2003; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2003; 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 PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, the legislative branch, and certain other state purposes, for the fiscal year ending September 30, 2003, from the funds indicated in this part. The following is a summary of the appropriations in this part:
TOTAL GENERAL GOVERNMENT
APPROPRIATION SUMMARY:
Full-time equated unclassified positions 48.0
Full-time equated classified positions 7,334.9
GROSS APPROPRIATION $ 2,993,198,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 666,338,700
ADJUSTED GROSS APPROPRIATION $ 2,326,859,300
Federal revenues:
Total federal revenues 59,360,000
Special revenue funds:
Total local revenues 2,610,800
Total private revenues 1,733,100
Total other state restricted revenues 1,897,849,400
State general fund/general purpose $ 365,306,000
Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions 6.0
Full-time equated classified positions 586.5
GROSS APPROPRIATION $ 61,757,600
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 9,917,900
ADJUSTED GROSS APPROPRIATION $ 51,839,700
Federal revenues:
Total federal revenues 7,672,700
Special revenue funds:
Total local revenues 0
Total private revenues 1,183,000
Total other state restricted revenues 9,216,400
State general fund/general purpose $ 33,767,600
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions 6.0
Full-time equated classified positions 586.5
Attorney general $ 132,900
Unclassified positions--5.0 FTE positions 476,300
Attorney general operations--568.0 FTE positions 59,804,700
Prosecuting attorneys coordinating council--18.5 FTE positions 1,579,100
PACC, training project 325,000
GROSS APPROPRIATION $ 62,318,000
Appropriated from:
Interdepartmental grant revenues:
IDG from FIA 2,663,600
IDG from MDA, bovine research 308,600
IDG from MDCIS, financial and insurance services 104,500
IDG from MDCIS, health services 1,170,400
IDG from MDCIS, public utility assessments 1,678,700
IDG from MDOT, comprehensive transportation fund 131,500
IDG from MDOT, state aeronautics fund 125,400
IDG from MDOT, state trunkline fund 2,566,200
IDG from MDSP, Michigan justice training fund 325,000
IDG from Michigan gaming control board 844,000
Federal revenues:
DAG, state administrative match grant/food stamps 1,068,200
DED-OPSE, student loan, federal lender allowance 288,600
DOL-ETA, unemployment insurance 1,372,900
DOL-OSHA, occupational safety and health 269,900
EPA, multiple grants 242,600
Federal funds 729,200
HHS, medical assistance, medigrant 556,700
HHS-OS, state Medicaid fraud control units 3,144,600
Special revenue funds:
Private - accident fund company revenue 1,183,000
Antitrust enforcement collections 558,300
Auto repair facilities fees 195,000
Collections revenue 590,900
Corporate fees and security fees 127,600
Environmental response fund 657,800
Franchise fees 244,400
Game and fish protection fund 640,800
Liquor purchase revolving fund 857,800
Manufactured housing fees 190,200
Michigan state housing development authority fees 487,700
Michigan underground storage tank financial assurance fund 161,300
Oil and gas privilege fee revenue 145,000
Prisoner reimbursement 301,700
Prosecuting attorneys training fees 236,800
Retirement funds 621,100
Second injury fund 927,200
Self-insurers security fund 155,900
Silicosis and dust disease fund 464,300
State building authority revenue 82,000
State hospital authority 319,200
State lottery fund 207,300
Tobacco settlement trust fund 351,800
Utility consumers fund 476,600
Waterways fund 83,600
Worker's compensation administrative revolving fund 132,100
State general fund/general purpose $ 34,328,000
(3) INFORMATION TECHNOLOGY
| Information technology services and projects | $ | 878,200 |
| GROSS APPROPRIATION | $ | 878,200 |
Appropriated from:
State general fund/general purpose $ 878,200
(4) EARLY RETIREMENT AND BUDGETARY SAVINGS
Early retirement savings $ (1,081,100)
Budgetary savings (357,500)
GROSS APPROPRIATION $ (1,438,600)
Appropriated from:
State general fund/general purpose $ (1,438,600)
Sec. 103. DEPARTMENT OF CIVIL RIGHTS
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions 5.0
Full-time equated classified positions 158.5
GROSS APPROPRIATION $ 14,367,700
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 14,367,700
Federal revenues:
Total federal revenues 934,000
Special revenue funds:
Total local revenues 0
Total private revenues 0
Total other state restricted revenues 0
State general fund/general purpose $ 13,433,700
(2) CIVIL RIGHTS OPERATIONS
Full-time equated unclassified positions 5.0
Full-time equated classified positions 158.5
Commission (per diem $75.00) $ 16,200
Unclassified positions--5.0 FTE positions 254,100
Civil rights operations--158.5 FTE positions 13,996,600
GROSS APPROPRIATION $ 14,266,900
Appropriated from:
Federal revenues:
EEOC, state and local antidiscrimination agency contracts 600,000
HUD, grant 334,000
State general fund/general purpose $ 13,332,900
(3) INFORMATION TECHNOLOGY
| Information technology services and projects | $ | 1,082,000 |
| GROSS APPROPRIATION | $ | 1,082,000 |
Appropriated from:
State general fund/general purpose $ 1,082,000
(4) EARLY RETIREMENT AND BUDGETARY SAVINGS
Early retirement savings $ (837,100)
Budgetary savings (144,100)
GROSS APPROPRIATION $ (981,200)
Appropriated from:
State general fund/general purpose $ (981,200)
Sec. 104. DEPARTMENT OF CIVIL SERVICE
(1) APPROPRIATION SUMMARY
Full-time equated classified positions 201.5
GROSS APPROPRIATION $ 31,585,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 5,300,000
ADJUSTED GROSS APPROPRIATION $ 26,285,200
Federal revenues:
Total federal revenues 4,779,100
Special revenue funds:
Total local revenues 1,700,000
Total private revenues 150,000
Total other state restricted revenues 9,639,200
State general fund/general purpose $ 10,016,900
(2) CIVIL SERVICE OPERATIONS
Full-time equated classified positions 201.5
| Civil service operations--201.5 FTE positions | $ | 28,755,700 |
| GROSS APPROPRIATION | $ | 28,755,700 |
Appropriated from:
Interdepartmental grant revenues:
IDG, training charges 4,000,000
IDG, 1% special funds 1,300,000
Federal revenues:
Federal funds 1% 3,529,100
Special revenue funds:
Local funds 1% 1,700,000
Private funds 1% 150,000
Freedom of information fees 1,100
State sponsored group insurance 2,650,000
State restricted funds 1% 6,216,500
State general fund/general purpose $ 9,209,000
(3) INFORMATION TECHNOLOGY
| Information technology services and projects | $ | 3,461,600 |
| GROSS APPROPRIATION | $ | 3,461,600 |
Appropriated from:
Federal revenues:
Federal funds 1% 1,250,000
Special revenue funds:
State restricted funds 1% 771,600
State general fund/general purpose $ 1,440,000
(4) EARLY RETIREMENT AND BUDGETARY SAVINGS
Early retirement savings $ (525,600)
Budgetary savings (106,500)
GROSS APPROPRIATION $ (632,100)
Appropriated from:
State general fund/general purpose $ (632,100)
Sec. 105. EXECUTIVE OFFICE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions 10.0
Full-time equated classified positions 74.2
GROSS APPROPRIATION $ 5,399,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 5,399,500
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 $ 5,399,500
(2) EXECUTIVE OFFICE OPERATIONS
Full-time equated unclassified positions 10.0
Full-time equated classified positions 74.2
Governor $ 179,800
Lieutenant governor 125,900
Executive office--74.2 FTE positions 4,330,900
Unclassified positions--8.0 FTE positions 849,800
GROSS APPROPRIATION $ 5,486,400
Appropriated from:
State general fund/general purpose $ 5,486,400
(3) EARLY RETIREMENT AND BUDGETARY SAVINGS
Early retirement savings $ (36,600)
Budgetary savings (50,300)
GROSS APPROPRIATION $ (86,900)
Appropriated from:
State general fund/general purpose $ (86,900)
Sec. 106. INFORMATION TECHNOLOGY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions 6.0
Full-time equated classified positions 1,765.4
GROSS APPROPRIATION $ 424,006,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 424,006,800
ADJUSTED GROSS APPROPRIATION $ 0
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 $ 0
(2) INFORMATION TECHNOLOGY SERVICES
Full-time equated unclassified positions 6.0
Full-time equated classified positions 1,765.4
Unclassified positions--6.0 FTE positions $ 300,000
Enterprisewide services--79.0 FTE positions 29,341,300
Health and human services--600.4 FTE positions 228,769,000
Education services--97.7 FTE positions 10,689,200
Public protection--432.4 FTE positions 54,876,700
Resources services--178.1 FTE positions 24,303,300
Transportation services--107.0 FTE positions 26,377,500
General services--270.8 FTE positions 52,851,900
GROSS APPROPRIATION $ 427,508,900
Appropriated from:
Interdepartmental grant revenues:
IDG from user fees 427,508,900
State general fund/general purpose $ 0
(3) EARLY RETIREMENT AND BUDGETARY SAVINGS
| Early retirement savings | $ | (3,502,100) |
| GROSS APPROPRIATION | $ | (3,502,100) |
Appropriated from:
Interdepartmental grant revenues:
IDG from user fees (3,502,100)
State general fund/general purpose $ 0
Sec. 107. LEGISLATURE
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION $ 126,360,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 1,627,600
ADJUSTED GROSS APPROPRIATION $ 124,732,600
Federal revenues:
Total federal revenues 0
Special revenue funds:
Total local revenues 0
Total private revenues 400,000
Total other state restricted revenues 2,530,400
State general fund/general purpose $ 121,802,200
(2) LEGISLATURE
Senate $ 29,216,900
Senate automated data processing 2,229,800
Senate fiscal agency 3,178,500
House of representatives 43,152,000
House automated data processing 1,694,500
House fiscal agency 2,993,500
Legislative auditor general 15,700,900
GROSS APPROPRIATION $ 98,166,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCIS, liquor purchase revolving fund 63,300
IDG from MDCS 80,700
IDG from MDOT, comprehensive transportation fund 48,200
IDG from MDOT, Michigan transportation fund 138,000
IDG from MDOT, state aeronautics fund 17,100
IDG from MDOT, state trunkline fund 404,200
IDG, single audit act 876,100
Special revenue funds:
Construction lien fund 12,400
Contract audit administration fees 44,400
Correctional industries revolving fund 33,700
Game and fish protection fund 21,400
Marine safety fund 1,900
Michigan economic development corporation 46,200
Michigan state fair revolving fund 30,000
Michigan state housing development authority fees 56,800
Michigan strategic fund 20,600
Michigan veterans trust fund 22,600
Motor transport revolving fund 40,600
Office services revolving fund 29,300
State services fee fund 1,055,100
Waterways fund 5,600
State general fund/general purpose $ 95,117,900
(3) LEGISLATIVE COUNCIL
Legislative council $ 11,210,800
Legislative service bureau automated data processing 1,486,600
e-Law, legislative council technology enhancement project 200,000
Legislative corrections ombudsman 546,300
Worker's compensation 150,500
National association dues 381,600
GROSS APPROPRIATION $ 13,975,800
Appropriated from:
Special revenue funds:
Private - gifts and bequests revenues 400,000
State general fund/general purpose $ 13,575,800
(4) LEGISLATIVE RETIREMENT SYSTEM
| General nonretirement expenses | $ | 4,194,200 |
| GROSS APPROPRIATION | $ | 4,194,200 |
Appropriated from:
Special revenue funds:
Court fees 1,109,800
State general fund/general purpose $ 3,084,400
(5) PROPERTY MANAGEMENT
Capitol building $ 2,215,400
Cora Anderson building 7,118,300
Farnum building and other properties 690,400
GROSS APPROPRIATION $ 10,024,100
Appropriated from:
State general fund/general purpose $ 10,024,100
Sec. 108. DEPARTMENT OF MANAGEMENT AND BUDGET
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions 6.0
Full-time equated classified positions 848.5
GROSS APPROPRIATION $ 188,098,300
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 109,548,100
ADJUSTED GROSS APPROPRIATION $ 78,550,200
Federal revenues:
Total federal revenues 358,600
Special revenue funds:
Total local revenues 0
Total private revenues 0
Total other state restricted revenues 35,355,300
State general fund/general purpose $ 42,836,300
(2) MANAGEMENT AND BUDGET SERVICES
Full-time equated unclassified positions 6.0
Full-time equated classified positions 669.0
Unclassified positions--6.0 FTE positions $ 570,800
Departmentwide services--57.5 FTE positions 11,424,300
Statewide administrative services--292.0 FTE positions 27,110,700
Statewide support services--319.5 FTE positions 101,621,200
GROSS APPROPRIATION $ 140,727,000
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges 100,548,600
IDG from department of career development 100,000
IDG from MDCH 235,000
IDG from MDOT, comprehensive transportation fund 46,800
IDG from MDOT, state aeronautics fund 26,300
IDG from MDOT, state trunkline fund 1,065,600
IDG from user fees 4,605,300
Federal revenues:
Federal - MESA, administration fund 300,000
Special revenue funds:
Game and fish protection fund 220,100
Health management funds 1,269,400
Marine safety fund 19,700
MAIN user charges 627,500
Special revenue, internal service, and pension trust funds 4,904,500
State building authority revenue 517,900
State lottery fund 137,300
State sponsored group insurance, flexible spending accounts and COBRA 4,778,300
Waterways fund 47,000
State general fund/general purpose $ 21,277,700
(3) STATEWIDE APPROPRIATIONS
Professional development fund - AFSCME $ 400,000
Professional development fund - MPES 105,000
Professional development fund - UAW 900,000
Severance pay fund - AFSCME 500,000
Severance pay fund - UAW 100,000
GROSS APPROPRIATION $ 2,005,000
Appropriated from:
Interdepartmental grant revenues:
IDG from employer contributions 2,005,000
State general fund/general purpose $ 0
(4) SPECIAL PROGRAMS
Full-time equated classified positions 179.5
Building occupancy charges - property management services for executive/legislative
building occupancy $ 1,930,300
Retirement services--165.5 FTE positions 15,333,800
Office of children's ombudsman--14.0 FTE positions 1,204,300
GROSS APPROPRIATION $ 18,468,400
Appropriated from:
Special revenue funds:
Deferred compensation 1,380,800
Pension trust funds 13,953,000
State general fund/general purpose $ 3,134,600
(5) INFORMATION TECHNOLOGY
| Information technology services and projects | $ | 27,434,300 |
| GROSS APPROPRIATION | $ | 27,434,300 |
Appropriated from:
Interdepartmental grant revenues:
IDG from building occupancy and parking charges 655,700
IDG from MDOT, comprehensive transportation fund 3,100
IDG from MDOT, state aeronautics fund 1,600
IDG from MDOT, state trunkline fund 68,300
IDG from user fees 186,800
Federal revenues:
Federal - MESA, administration fund 58,600
Special revenue funds:
Deferred compensation 2,600
Game and fish protection fund 13,100
Health management funds 40,100
Marine safety fund 1,400
MAIN user charges 4,069,500
Pension trust funds 762,300
Special revenue, internal service, and pension trust funds 2,445,500
State building authority revenue 9,700
State lottery fund 13,400
State sponsored group insurance, flexible spending accounts and COBRA 139,500
Waterways fund 2,700
State general fund/general purpose $ 18,960,400
(6) EARLY RETIREMENT AND BUDGETARY SAVINGS
Early retirement savings $ (102,700)
Budgetary savings (433,700)
GROSS APPROPRIATION $ (536,400)
Appropriated from:
State general fund/general purpose $ (536,400)
Sec. 109. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions 6.0
Full-time equated classified positions 1,847.8
GROSS APPROPRIATION $ 180,055,800
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 96,493,000
ADJUSTED GROSS APPROPRIATION $ 83,562,800
Federal revenues:
Total federal revenues 1,319,500
Special revenue funds:
Total local revenues 0
Total private revenues 100
Total other state restricted revenues 65,274,200
State general fund/general purpose $ 16,969,000
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions 6.0
Full-time equated classified positions 27.2
Secretary of state $ 132,900
Unclassified positions--5.0 FTE positions 476,300
Operations--27.2 FTE positions 1,874,200
GROSS APPROPRIATION $ 2,483,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 924,700
Special revenue funds:
Auto repair facilities fees 50,700
Driver fees 85,200
Expedient service fees 43,400
Look-up fees 391,600
Parking ticket court fines 6,900
Personal identification card fees 10,200
Reinstatement fees - operator licenses 90,400
Vehicle theft prevention fees 29,800
State general fund/general purpose $ 850,500
(3) DEPARTMENT SERVICES
Full-time equated classified positions 170.3
Operations--163.8 FTE positions $ 20,087,500
Assigned claims assessments--6.5 FTE positions 644,200
GROSS APPROPRIATION $ 20,731,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 11,349,500
Federal revenues:
Federal funds 50,300
Special revenue funds:
Assigned claims assessments 644,200
Auto repair facilities fees 375,100
Child support clearance fees 31,000
Driver fees 472,800
Expedient service fees 224,300
Look-up fees 6,523,100
Marine safety fund 67,400
Off-road vehicle title fees 6,900
Parking ticket court fines 47,500
Personal identification card fees 75,000
Reinstatement fees - operator licenses 450,000
Scrap tire fund 61,900
Snowmobile registration fee revenue 15,900
Vehicle theft prevention fees 219,900
State general fund/general purpose $ 116,900
(4) REGULATORY SERVICES
Full-time equated classified positions 254.1
Operations--152.4 FTE positions $ 12,406,200
Auto regulations--101.7 FTE positions 7,346,100
GROSS APPROPRIATION $ 19,752,300
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 7,637,600
Federal revenues:
Federal funds 85,900
Special revenue funds:
Auto repair facilities fees 3,892,700
Commercial driver training school fees 59,100
Driver fees 988,700
Expedient service fees 27,900
Look-up fees 3,907,700
Motorcycle safety fund 99,400
Parking ticket court fines 7,600
Personal identification card fees 39,900
Reinstatement fees - operator licenses 1,483,300
Vehicle theft prevention fees 1,324,900
State general fund/general purpose $ 197,600
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions 1,367.7
Branch operations--969.4 FTE positions $ 66,280,400
Central records--372.6 FTE positions 27,930,200
Record administration--9.5 FTE positions 806,000
Commemorative license plates--16.2 FTE positions 2,147,300
Specialty license plates 3,915,000
Olympic center plate 75,700
Organ donor program 104,100
GROSS APPROPRIATION $ 101,258,700
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 57,323,800
Federal revenues:
Federal funds 1,183,300
Special revenue funds:
Private funds 100
Auto repair facilities fees 79,400
Child support clearance fees 340,300
Driver fees 11,273,300
Expedient service fees 2,500,300
Look-up fees 14,715,400
Marine safety fund 980,800
Michigan state police auto theft fund 100,000
Mobile home commission fees 407,100
Motorcycle safety fund 30,100
Off-road vehicle title fees 104,900
Olympic center training fund 75,700
Parking ticket court fines 1,393,100
Personal identification card fees 1,312,700
Reinstatement fees - operator licenses 996,000
Snowmobile registration fee revenue 287,300
State services fee fund 1,000,000
Vehicle theft prevention fees 180,600
State general fund/general purpose $ 6,974,500
(6) ELECTION REGULATION
Full-time equated classified positions 28.5
Election administration and services--25.5 FTE positions $ 2,849,500
Fees to local units 69,800
Qualified voter file--3.0 FTE positions 1,372,400
GROSS APPROPRIATION $ 4,291,700
Appropriated from:
State general fund/general purpose $ 4,291,700
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent $ 10,531,100
Worker's compensation 740,000
GROSS APPROPRIATION $ 11,271,100
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 4,784,200
Special revenue funds:
Auto repair facilities fees 158,500
Driver fees 487,400
Expedient service fees 16,100
Look-up fees 1,973,400
Parking ticket court fines 525,500
State general fund/general purpose $ 3,326,000
(8) INFORMATION TECHNOLOGY
| Information technology services and projects | $ | 21,044,700 |
| GROSS APPROPRIATION | $ | 21,044,700 |
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund 14,473,200
Special revenue funds:
Administrative order processing fee 10,500
Auto repair facilities fees 170,500
Child support clearance fees 15,400
Driver fees 629,900
Expedient service fees 462,800
Look-up fees 2,583,100
Parking ticket court fines 78,700
Personal identification card fees 26,100
Reinstatement fees - operator licenses 442,400
Vehicle theft prevention fees 162,500
State general fund/general purpose $ 1,989,600
(9) EARLY RETIREMENT AND BUDGETARY SAVINGS
Early retirement savings $ (594,900)
Budgetary savings (182,900)
GROSS APPROPRIATION $ (777,800)
Appropriated from:
State general fund/general purpose $ (777,800)
Sec. 110. DEPARTMENT OF TREASURY
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions 9.0
Full-time equated classified positions 1,852.5
GROSS APPROPRIATION $ 1,961,566,900
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 19,445,300
ADJUSTED GROSS APPROPRIATION $ 1,942,121,600
Federal revenues:
Total federal revenues 44,296,100
Special revenue funds:
Total local revenues 910,800
Total private revenues 0
Total other state restricted revenues 1,775,833,900
State general fund/general purpose $ 121,080,800
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions 9.0
Full-time equated classified positions 4.0
Unclassified positions--9.0 FTE positions $ 800,900
Office of the director--4.0 FTE positions 543,400
GROSS APPROPRIATION $ 1,344,300
Appropriated from:
Special revenue funds:
State lottery fund 139,500
State services fee fund 150,800
State general fund/general purpose $ 1,054,000
(3) DEPARTMENTWIDE APPROPRIATIONS
Travel $ 1,815,900
Rent and building occupancy charges - property management services 6,464,100
Worker's compensation insurance premium 485,000
GROSS APPROPRIATION $ 8,765,000
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, state aeronautics fund 2,700
IDG, state agency collection fees 17,900
Special revenue funds:
Delinquent tax collection revenue 3,926,700
Municipal finance fees 11,200
Treasury fees 18,900
Waterways fund 2,300
State general fund/general purpose $ 4,785,300
(4) LOCAL GOVERNMENT PROGRAMS
Full-time equated classified positions 99.0
Supervision of the general property tax law--66.5 FTE positions $ 9,460,600
Property tax assessor training--4.0 FTE positions 360,600
Local finance--28.5 FTE positions 1,688,500
State compliance audits 60,000
Pari-mutuel audits 240,000
GROSS APPROPRIATION $ 11,809,700
Appropriated from:
Special revenue funds:
Local - assessor training fees 360,600
Local - audit charges 457,200
Local - equalization study charge-backs 40,000
Local - revenue from local government 50,000
Land reutilization fund 3,985,700
Municipal finance fees 236,500
State services fee fund 240,000
State general fund/general purpose $ 6,439,700
(5) TAX PROGRAMS
Full-time equated classified positions 836.5
Revenue--828.5 FTE positions $ 56,189,800
Home heating assistance 1,600,000
Michigan underground storage tank assurance fund--4.0 FTE positions 224,400
Joint federal/state motor fuel compliance project 100,000
Bottle bill implementation 250,000
New hire reporting 1,545,000
Tobacco tax collection--4.0 FTE positions 210,600
GROSS APPROPRIATION $ 60,119,800
Appropriated from:
Interdepartmental grant revenues:
IDG, data/collection services fees 250,900
IDG from FIA 1,545,000
IDG from MDCH 210,600
IDG from MDOT, Michigan transportation fund 8,225,000
IDG from MDOT, state aeronautics fund 43,100
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
Children's trust fund 6,500
Delinquent tax collection revenue 38,132,400
Michigan underground storage tank financial assurance revenue 224,400
Tobacco tax revenue 328,500
Waterways fund 56,200
State general fund/general purpose $ 9,147,200
(6) BANKING AND MANAGEMENT SERVICES
Full-time equated classified positions 354.5
Administrative services--122.5 FTE positions $ 13,131,100
Financial services-- 232.0 FTE positions 16,078,500
GROSS APPROPRIATION $ 29,209,600
Appropriated from:
Interdepartmental grant revenues:
IDG from FIA, title IV-D 501,100
IDG from MDOT, state aeronautics fund 16,900
IDG, levy/warrant cost assessment fees 1,810,800
IDG, receipt, warrant and cash processing fees 3,722,300
IDG, state agency collection fees 450,100
Special revenue funds:
Delinquent tax collection revenue 10,089,100
Escheats revenue 2,972,500
Garnishment fees 419,800
Treasury fees 162,100
Waterways fund 18,100
State general fund/general purpose $ 9,046,800
(7) FINANCIAL PROGRAMS
Full-time equated classified positions 298.5
Retirement investments--86.5 FTE positions $ 11,671,700
Michigan merit award board/MEAP administration--21.0 FTE positions 28,827,300
Michigan education savings program 1,000,000
Common cash investments and debt management--13.5 FTE positions 1,018,600
Student financial assistance programs--177.5 FTE positions 33,431,700
GROSS APPROPRIATION $ 75,949,300
Appropriated from:
Interdepartmental grant revenues:
IDG, fiscal agent service fees 147,400
Federal revenues:
DED-OPSE, federal lenders allowance 9,509,700
DED-OESE, grants for federal assessments 10,698,800
DED-OPSE, higher education act of 1965, insured loans 21,887,600
Special revenue funds:
College work-study 46,300
Michigan merit award trust fund 19,497,600
Retirement funds 11,671,700
School bond fees 401,600
Treasury fees 230,900
State general fund/general purpose $ 1,857,700
(8) DEBT SERVICE
Water pollution control bond and interest redemption $ 2,750,400
Quality of life bond 40,900,000
Clean Michigan initiative 15,936,000
GROSS APPROPRIATION $ 59,586,400
Appropriated from:
Special revenue funds:
State general fund/general purpose $ 59,586,400
(9) GRANTS
Grants to counties in lieu of taxes $ 10,000
Convention facility development distribution 48,000,000
Senior citizen cooperative housing tax exemption program 14,350,600
Commercial mobile radio service payments 24,000,000
Health and safety fund grants 23,500,000
Tax increment finance authority payments 500,100
City of Benton Harbor - enterprise zone 85,400
GROSS APPROPRIATION $ 110,446,100
Appropriated from:
Special revenue funds:
Commercial mobile radio service fees 24,000,000
Convention facility development fund 48,000,000
Health and safety fund 23,500,000
State general fund/general purpose $ 14,946,100
(10) STATE LOTTERY
Full-time equated classified positions 164.0
Lottery operations--164.0 FTE positions $ 15,325,600
Promotion and advertising 18,372,000
GROSS APPROPRIATION $ 33,697,600
Appropriated from:
Special revenue funds:
State lottery fund 33,697,600
State general fund/general purpose $ 0
(11) CASINO GAMING
Full-time equated classified positions 96.0
| Michigan gaming control board | $ | 500,000 |
| Casino gaming control administration--96.0 FTE positions | 16,130,200 | |
| GROSS APPROPRIATION | $ | 16,630,200 |
Appropriated from:
Special revenue funds:
Casino gambling agreements 383,500
State services fee fund 16,246,700
State general fund/general purpose $ 0
(12) REVENUE SHARING
Constitutional state general revenue sharing grants $ 679,430,000
Statutory state general revenue sharing grants 844,170,000
Grants to local governmental units 9,900,000
GROSS APPROPRIATION $ 1,533,500,000
Appropriated from:
Special revenue funds:
Sales tax 1,523,600,000
State general fund/general purpose $ 9,900,000
(13) INFORMATION TECHNOLOGY
| Information technology services and projects | $ | 23,208,300 |
| GROSS APPROPRIATION | $ | 23,208,300 |
Appropriated from:
Interdepartmental grant revenues:
IDG, receipt, warrant and cash processing fees 14,000
IDG, user services 487,500
IDG from MDOT, Michigan transportation fund 2,000,000
Federal revenues:
DED-OPSE, higher education act of 1965, insured loans 500,000
Special revenue funds:
Local - assessor training fees 3,000
Delinquent tax collection revenue 8,165,900
Land reutilization fund 20,000
Michigan merit award trust fund 393,000
Retirement funds 616,000
State lottery fund 3,229,300
State services fee fund 762,600
State general fund/general purpose $ 7,017,000
(14) EARLY RETIREMENT AND BUDGETARY SAVINGS
Early retirement savings $ (2,156,500)
Budgetary savings (542,900)
GROSS APPROPRIATION $ (2,699,400)
Appropriated from:
State general fund/general purpose $ (2,699,400)
PART 2
PROVISIONS CONCERNING APPROPRIATIONS
GENERAL SECTIONS
Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2002-2003 is $2,263,155,400.00 and state spending from state resources to be paid to local units of government for fiscal year 2002-2003 is $1,631,549,900.00. The itemized statement below identifies appropriations from which spending to units of local government will occur:
DEPARTMENT OF STATE
| Fees to local units | $ | 69,800 |
| Subtotal | $ | 69,800 |
DEPARTMENT OF TREASURY
Senior citizen cooperative housing tax exemption $ 14,350,600
Grants to counties in lieu of taxes 10,000
Health and safety fund grants 23,500,000
City of Benton Harbor enterprise zone 85,400
Constitutional state general revenue sharing grants 679,430,000
Statutory state general revenue sharing grants 844,170,000
Grants to local units of government 9,900,000
Convention facility development fund distribution 48,000,000
Tax increment finance authority payments 500,100
Commercial mobile radio service payments 11,534,000
| Subtotal | $ | 1,631,480,100 |
| TOTAL GENERAL GOVERNMENT | $ | 1,631,549,900 |
(2) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 2002-2003 is estimated at $26,549,985,085.00 in the 2002-2003 appropriations acts and total state spending from state sources paid to local units of government for fiscal year 2002-2003 is estimated at $16,191,287,780.00. The state-local proportion is estimated at 61.0% of total state spending from state resources.
(3) If payments to local units of government and state spending from state sources for fiscal year 2002-2003 are different than the amounts estimated in subsection (2), the state budget director shall report the payments to local units of government and state spending from state sources that were made for fiscal year 2002-2003 to the senate and house of representatives standing committees on appropriations within 30 days after the final bookclosing for fiscal year 2002-2003.
Sec. 202. The appropriations authorized under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
Sec. 203. As used in this act:
(a) "AFSCME" means American federation of state, county, and municipal employees.
(b) "COBRA" means the consolidated omnibus budget reconciliation act of 1985, Public Law 99-272, 100 Stat. 82.
(c) "CPI" means consumer price index.
(d) "DAG" means the United States department of agriculture.
(e) "DED-OESE" means the United States department of education, office of elementary and secondary education.
(f) "DED-OPSE" means the United States department of education, office of postsecondary education.
(g) "DOI-NPS" means the United States department of the interior, national park service.
(h) "DOJ" means the United States department of justice.
(i) "DOL-ETA" means the United States department of labor, employment and training administration.
(j) "DOL-OSHA" means the United States department of labor, occupational safety and health administration.
(k) "DOT-FHA" means the United States department of transportation, federal highway administration.
(l) "EEOC" means the United States equal employment opportunity commission.
(m) "EPA" means the United States environmental protection agency.
(n) "FIA" means the Michigan family independence agency.
(o) "FTE" means full-time equated.
(p) "GF/GP" means general fund/general purpose.
(q) "HHS" means the United States department of health and human services.
(r) "HHS-OS" means the HHS office of the secretary.
(s) "HHS-SSA" means the HHS social security administration.
(t) "HUD" means the United States department of housing and urban development.
(u) "IDG" means interdepartmental grant.
(v) "MAIN" means the Michigan administrative information network.
(w) "MCL" means the Michigan Compiled Laws.
(x) "MDA" means the Michigan department of agriculture.
(y) "MDCH" means the Michigan department of community health.
(z) "MDCIS" means the Michigan department of consumer and industry services.
(aa) "MDCS" means the Michigan department of civil service.
(bb) "MDOT" means the Michigan department of transportation.
(cc) "MDSP" means the Michigan department of state police.
(dd) "MEAP" means the Michigan educational assessment program.
(ee) "MESA" means the Michigan employment security agency.
(ff) "MPES" means the Michigan professional employees society.
(gg) "MSC" means managerial, supervisory, and confidential.
(hh) "MUSTFA" means Michigan underground storage tank financial assurance.
(ii) "PA" means public act.
(jj) "PACC" means the prosecuting attorneys coordinating council.
(kk) "UAW" means the united auto workers.
Sec. 204. The department of civil service shall bill departments and agencies at the end of the first fiscal quarter for the 1% charge authorized by section 5 of article XI of the state constitution of 1963. Payments shall be made for the total amount of the billing by the end of the second fiscal quarter.
Sec. 205. (1) A hiring freeze is imposed on the state classified civil service. State departments and agencies are prohibited from hiring any new full-time state classified civil service employees and prohibited from filling any vacant state classified civil service positions. This hiring freeze does not apply to internal transfers of classified employees from 1 position to another within a department.
(2) The state budget director shall grant exceptions to this hiring freeze when the state budget director believes that the hiring freeze will result in rendering a state department or agency unable to deliver basic services, cause loss of revenue to the state, result in the inability of the state to receive federal funds, or necessitate additional expenditures that exceed any savings from maintaining a vacancy. The state budget director shall report quarterly to the chairpersons of the senate and house of representatives standing committees on appropriations the number of exceptions to the hiring freeze approved during the previous quarter and the reasons to justify the exception.
Sec. 207. At least 60 days before beginning any effort to privatize, the departments and agencies receiving appropriations in part 1 shall submit a complete project plan to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies. The
plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies within 30 months.
Sec. 208. Unless otherwise specified, departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this act. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site.
Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available.
Sec. 210. The director of each department receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.
Sec. 211. Pursuant to section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, that provides for a transfer of state general funds into the countercyclical budget and economic stabilization fund, there is appropriated into the countercyclical budget and economic stabilization fund the sum of $0.0. The calculation required by section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, is determined as follows:
2001 2002
Michigan personal income (millions) $295,108 $303,666
less: transfer payments 40,958 44,256
Subtotal 254,150 259,411
Divided by: Detroit CPI for 12 months
Ending June 30 (1982=1.00) 1.729 1.762
Equals: real adjusted Michigan personal income $146,992 $147,238
Percentage change 0.2%
Percentage change under 0% 0.2%
Multiplied by: estimated GF/GP revenue in FY 2001-2002 (millions) 8,406.0
Equals: countercyclical budget and economic stabilization fund calculation
for the fiscal year ending September 30, 2003 $0.0
Sec. 212. The departments and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed.
Sec. 213. Funds appropriated in part 1 shall not be used by this state, a department, an agency, or an authority of this state to purchase an ownership interest in a casino enterprise or a gambling operation as those terms are defined in the Michigan gaming control and revenue act, the Initiated Law of 1996, MCL 432.201 to 432.226.
Sec. 214. From the funds appropriated in part 1 for information technology, departments and agencies shall pay user fees to the department of information technology for technology-related services and projects. Such user fees shall be subject to provisions of an interagency agreement between the departments and agencies and the department of information technology.
Sec. 215. A department or state agency shall not take disciplinary action against an employee for communicating with a member of the legislature or their staff.
Sec. 216. (1) The negative appropriations for early retirement savings in part 1 shall be satisfied by savings realized from not filling all of the positions lost due to the early retirement plan for state employees enacted in 2002 PA 93 amendments to the state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69.
(2) The negative appropriations for budgetary savings in part 1 shall be satisfied by savings from the hiring freeze imposed under section 205, efficiencies, and other savings identified by the department directors and approved by the state budget director.
(3) Appropriation authorization adjustments required due to negative appropriations for early retirement savings and budgetary savings shall be made only after the approval of transfers by the legislature under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
DEPARTMENT OF ATTORNEY GENERAL
Sec. 300. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 301. (1) The attorney general shall perform all legal services, including representation before courts and administrative agencies rendering legal opinions and providing legal advice to a principal executive department or state agency. A principal executive department or state agency shall not employ or enter into a contract with any other person for services described in this section.
(2) The attorney general shall defend judges of all state courts if a claim is made or a civil action is commenced for injuries to persons or property caused by the judge through the performance of the judge's duties while acting within the scope of his or her authority as a judge.
(3) The attorney general shall perform the duties specified in 1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to 14.102, and as otherwise provided by law.
Sec. 302. The attorney general may sell copies of the biennial report in excess of the 500 copies that the attorney general may distribute on a gratis basis. The attorney general shall sell copies of the report at not less than the actual cost of the report and shall deposit the money received into the general fund.
Sec. 303. The department of attorney general has retained the responsibility for legal representation for state of Michigan state employee worker's disability compensation cases handled by the accident fund company. The accident fund company revenue appropriation in part 1 is to be satisfied by billings from the department of attorney general to the accident fund company for the actual costs of legal representation, including salaries and support costs.
Sec. 304. In addition to the funds appropriated in part 1, up to $400,000.00 shall be reimbursed per fiscal year for food stamp fraud cases heard by the third circuit court of Wayne County that were initiated by the department of attorney general pursuant to the existing contract between the family independence agency, the prosecuting attorneys association of Michigan, and the department of attorney general. The source of this funding is money earned by the department of attorney general under the agreement after the allowance for reimbursement to the department of attorney general for costs associated with the prosecution of food stamp fraud cases. It is recognized that the federal funds are earned by the department of attorney general for its documented progress on the prosecution of food stamp fraud cases according to the United States department of agriculture regulations and that once earned by this state, the funds become state funds.
Sec. 305. Any proceeds from a lawsuit initiated by or settlement agreement entered into on behalf of this state against a manufacturer of tobacco products by the attorney general are state funds and are subject to appropriation as provided by law.
Sec. 306. Any unobligated antitrust enforcement revenue in excess of the funds appropriated in part 1, not to exceed $250,000.00, is carried forward and available for appropriation in the succeeding fiscal year.
Sec. 307. In addition to the funds appropriated in part 1, there is appropriated up to $500,000.00 from litigation expense reimbursements awarded to the state. The funds may be expended for the payment of attorney fees assessed against the governor or the attorney general when acting in an official capacity as the named party in litigation against the state. The funds may also be expended for the payment of state costs incurred under section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16. Unexpended funds at the end of the fiscal year are carried forward for expenditure in the following year, up to a maximum authorization of $500,000.00.
Sec. 308. Effective January 1, 2003, the annual salary for the attorney general shall be $135,500.00, unless an amendment to the state constitution gives the state officers compensation commission the authority to determine the salary of the attorney general.
DEPARTMENT OF CIVIL RIGHTS
Sec. 400. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 401. (1) In addition to the appropriations contained in part 1, the department of civil rights may receive and expend funds from local or private sources for all of the following purposes:
(a) Developing and presenting training for employers on equal employment opportunity law and procedures.
(b) The publication and sale of civil rights related informational material.
(c) The provision of copy material made available under freedom of information requests.
(d) Other copy fees, subpoena fees, and witness fees.
(e) Developing, presenting, and participating in mediation processes for certain civil rights cases.
(f) Workshops, seminars, and recognition or award programs consistent with the programmatic mission of the individual unit sponsoring or coordinating the programs.
(2) The department of civil rights shall annually report to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies the amount of funds received and expended for purposes authorized under this section.
Sec. 402. The department of civil rights may contract with local units of government to review equal employment opportunity compliance of potential contractors and may charge for and expend amounts received from local units of government for the purpose of developing and providing these contractual services.
DEPARTMENT OF CIVIL SERVICE
Sec. 500. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 501. (1) All restricted funds shall be assessed a sum not less than 1% of the total aggregate payroll paid from those funds for financing the department of civil service on the basis of actual 1% restricted sources total aggregate payroll of the classified service for fiscal year 2002 in accordance with section 5 of article XI of the state constitution of 1963. This includes, but is not limited to, restricted funds appropriated in part 1 of any appropriations bill. Unexpended 1% appropriated funds shall be returned to each 1% fund source at the end of the fiscal year.
(2) The 1% financing from restricted sources shall be credited to the department of civil service by the end of the second fiscal quarter.
Sec. 502. Except where specifically appropriated for this purpose, 1% of the financing from restricted sources shall be credited to the department of civil service. For restricted sources of funding within the general fund that have the legislative authority for carryover, if current spending authorization or revenues are insufficient to accept the charge, the shortage shall be taken from carryforward balances of that funding source. Restricted revenue sources that do not have carryforward authority shall be utilized to satisfy departmental operating deducts first and civil service obligations second. General fund dollars are appropriated for any shortfall, pursuant to approval by the state budget director.
EXECUTIVE OFFICE
Sec. 550. Funds collected by the executive office under sections 55, 57, 58, and 59 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.255, 24.257, 24.258, and 24.259, and section 203 of the legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all expenses necessary to provide for the costs of publication and distribution. The funds appropriated under this section are allotted for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.
INFORMATION TECHNOLOGY
Sec. 570. In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for interdepartmental grant contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 571. The appropriation in part 1 for the department of information technology shall be funded by user fees assessed against other principal executive departments and agencies. Such user fees shall be based upon services provided by the department of information technology.
Sec. 572. (1) The e-Michigan office may sell and accept paid advertising for placement on any state website under its jurisdiction. The office shall review and approve the content of each advertisement. The office may refuse to accept advertising from any person or organization or require modification to advertisements based upon criteria determined by the office. Revenue received under this subsection will be used for operating costs of the office and for future technology enhancements to state of Michigan e-government initiatives. Funds received under this subsection shall be limited to $250,000.00. Any funds in excess of $250,000.00 shall be deposited in the state general fund.
(2) The e-Michigan office may accept gifts, donations, contributions, bequests, and grants of money from any public or private source to assist with the underwriting or sponsorship of state web pages or services offered on those web pages. A private or public funding source may receive recognition in the web page. The office may reject a gift, donation, contribution, bequest, or grant.
(3) The e-Michigan office may enter into agreements to supply services to other principal executive departments and agencies. The e-Michigan office may receive and expend funds in addition to those authorized in 2000 PA 291 for providing those services. The e-Michigan office may expend amounts received for salaries, supplies, services, and equipment necessary to provide e-Michigan services.
(4) Funds accepted by the e-Michigan office under subsections (1), (2), and (3) are appropriated and allotted when received and may be expended upon receipt.
(5) Any unexpended revenue received under this section shall not lapse to the general fund and shall be available for future appropriations.
(6) The e-Michigan office shall develop a search function of all state departments and agencies. This search function shall be easily accessible to visitors on the front page of the state's website.
(7) The privacy policy adopted by the e-Michigan office shall include the following provisions:
(a) Instruction on how visitors can set their browsers to be warned before each cookie is written to a visitor's computer.
(b) The e-Michigan office will also include instructions for visitors to inform them how to view and remove cookies on their personal computers.
(8) By April 1, the e-Michigan office shall report to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies all of the following information:
(a) The amount of gifts, donations, contributions, bequests, and grants of money received by the office under this section for the immediately preceding fiscal year.
(b) A listing of the expenditures made from the amounts received by the office as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, bequest, or grant of property other than funding received by the office under this section for the immediately preceding year.
(d) The total revenue received from the sale of paid advertising accepted under this section and a statement of the total number of advertising transactions.
Sec. 573. The department of information technology may enter into agreements to supply census information, spatial information, and technical services to other principal executive departments, state agencies, local units of government, and other organizations. The department of information technology may receive and expend funds in addition to those authorized in part 1 for providing information and technical services, publications, maps, and other census-related products. The department of information technology may expend amounts received for salaries, supplies, and equipment necessary to provide informational products and technical services.
Sec. 574. The legislature shall have access to all historical and current data contained within MAIN pertaining to state departments. State departments shall have access to all historical and current data contained within MAIN.
Sec. 575. Recognizing that all records, personnel, property, equipment, grants, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to any entity for the activities, powers, duties, functions, and responsibilities are transferred to the department of information technology from other state departments and agencies, it is the intent of the legislature that the department of information technology will transfer their employees from the other state departments and agencies within a reasonable time frame.
Sec. 576. When used in this act, "information technology services" means services involving all aspects of managing and processing information including, but not limited to, all of the following:
(a) Application development and maintenance.
(b) Desktop computer support and management.
(c) Mainframe computer support and management.
(d) Server support and management.
(e) Local area network support and management.
(f) Information technology contract, project, and procurement management.
(g) Information technology planning and budget management.
(h) Telecommunication services, security, infrastructure, and support.
LEGISLATURE
Sec. 600. The senate, the house of representatives, or an agency within the legislative branch may receive, expend, and transfer funds in addition to those authorized in part 1.
Sec. 601. (1) Funds appropriated in part 1 to an entity within the legislative branch shall not be expended or transferred to another account without written approval of the authorized agent of the legislative entity. If the authorized agent of the legislative entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized legislative entity agency shall be designated by the speaker of the house of representatives for house entities, the senate majority leader for senate entities, and the legislative council for legislative council entities.
(2) Funds appropriated within the legislative branch, to a legislative council component, shall not be expended by any agency or other subgroup included in that component without the approval of the legislative council.
Sec. 602. The senate may charge rent and assess charges for utility costs. The amounts received for rent charges and utility assessments are appropriated to the senate for the renovation, operation, and maintenance of the Farnum building and other properties.
Sec. 603. The appropriation contained in part 1 for national association dues is to be distributed in the following manner by the legislative council:
National conference of state legislatures $ 173,900
Council of state governments 156,300
National conference of insurance legislators 9,400
National conference of commissioners on uniform state laws 42,000
Sec. 604. (1) The appropriation in part 1 to the legislative council includes funds to operate the legislative parking facilities in the capitol area. The legislative council shall establish rules regarding the operation of the legislative parking facilities.
(2) The legislative council shall collect a fee from state employees and the general public using certain legislative parking facilities. The revenues received from the parking fees shall be allocated by the legislative council.
Sec. 605. The appropriation in part 1 to the legislative council for publication of the Michigan manual is considered a work project account. The unexpended portion remaining on September 30 shall not lapse and shall be carried forward into the subsequent fiscal year for use in paying the associated biennial costs of publication of the Michigan manual.
Sec. 606. The appropriation in part 1 to the legislative branch, for property management, is considered a work project account. The unexpended portion remaining on September 30 shall not lapse and shall be carried forward into the subsequent fiscal year for the use for which it was intended.
Sec. 607. In addition to funds appropriated in part 1, the Michigan capitol committee publications save the flags fund account may accept contributions, gifts, bequests, devises, grants, and donations. Those funds that are not expended in the fiscal year ending September 30 shall not lapse at the close of the fiscal year and shall be carried forward for expenditure in the following fiscal years.
Sec. 608. Funds appropriated in part 1 for e-Law, the legislative council's technology enhancement project, shall be used to support technology improvements for legislative functions performed by the legislative council agencies and to provide greater access to the public regarding legislative information. These funds, along with funds previously appropriated for the legislative session integration system, are designated as a work project and shall not lapse at the end of the fiscal year, and shall continue to be available for expenditure until the project has been completed. The total cost is estimated at $3,992,750.00, and the tentative completion date is September 30, 2004.
Sec. 609. The funds appropriated in part 1 shall not be used to pay for health insurance benefits for unmarried domestic partners of legislators or legislative employees.
Sec. 610. In addition to the funds appropriated in part 1 for the legislative auditor general, there is appropriated an amount not to exceed $500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 611. Pursuant to section 53 of article IV of the state constitution of 1963, the auditor general shall conduct audits of the judicial branch. The audits may include the supreme court and its administrative units, the court of appeals, and trial courts.
Sec. 612. (1) The auditor general shall take all reasonable steps to ensure that certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities participate in the audits of the books, accounts, and financial affairs of each principal executive department, branch, institution, agency, and office of this state.
(2) The auditor general shall strongly encourage firms with which the auditor general contracts to perform audits of the principal executive departments and state agencies to subcontract with certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities.
(3) The auditor general shall compile an annual report regarding the number of contracts entered into with certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities. The auditor general shall deliver the report to the state budget director and the senate and house of representatives standing committees on appropriations subcommittees on general government by November 1 of each year.
Sec. 614. The auditor general shall report to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies on all recommendations made by the auditor general, in all audit reports, that are not complied with by the audited agencies.
Sec. 615. From the funds appropriated in part 1 to the legislative auditor general, the legislative auditor general's salary shall be $135,500.00. Funding for the remaining 2.0 FTE unclassified positions is limited to an aggregate amount of $147,200.00.
Sec. 618. Any audits, reviews, or investigations requested of the auditor general by the legislature or by legislative leadership, legislative committees, or individual legislators should include an estimate of the additional costs involved and, when such costs exceed $50,000.00, should provide supplemental funding. The auditor general will determine whether to perform such activities in keeping with Audit Directive No. 29, which describes the office of auditor general policy on responding to legislative requests.
DEPARTMENT OF MANAGEMENT AND BUDGET
Sec. 700. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 701. Proceeds in excess of necessary costs incurred in the conduct of transfers or auctions of state surplus, salvage, or scrap property made pursuant to section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are appropriated to the department of management and budget to offset costs incurred in the acquisition and distribution of federal surplus property.
Sec. 702. The department of management and budget may receive and expend funds in addition to those authorized in part 1 for conducting training and orientation workshops and seminars that are consistent with the programmatic mission of the individual unit sponsoring or coordinating the program.
Sec. 703. (1) The department of management and budget may receive and expend funds in addition to those authorized by part 1 for maintenance and operation services provided specifically to other principal executive departments or state agencies, the legislative branch, or the judicial branch or provided in connection with facilities transferred to the operational jurisdiction of the department of management and budget.
(2) The department of management and budget may receive and expend funds in addition to those authorized by part 1 for real estate, architectural, design, and engineering services provided specifically to other principal executive departments or state agencies, the legislative branch, or the judicial branch.
(3) The department of management and budget may receive and expend funds in addition to those authorized in part 1 for mail pickup and delivery services provided specifically to other principal executive departments and state agencies, the legislative branch, or the judicial branch.
(4) The department of management and budget may receive and expend funds in addition to those authorized in part 1 for purchasing services provided specifically to other principal executive departments and state agencies, the legislative branch, or the judicial branch.
Sec. 704. The department of management and budget may enter into agreements to supply census information, spatial information, and technical services to other principal executive departments, state agencies, local units of government, and other organizations. The department of management and budget may receive and expend funds in addition to those authorized in part 1 for providing information and technical services, publications, maps, and other census-related products. The department of management and budget may expend amounts received for salaries, supplies, and equipment necessary to provide informational products and technical services.
Sec. 705. (1) The appropriation in part 1 to the department of management and budget, for statewide appropriations from employer contributions, represents amounts included within the various appropriations for longevity and insurance, whether appropriated as a single line item or commingled with program line items, throughout state government for the current fiscal year for purposes of funding the child care information and referral services, severance pay funds, and professional development funds included within statewide appropriations. Deposits against the interdepartmental grant from employer contributions shall be made from assessments levied against the longevity and insurance appropriations during the current fiscal year in a manner prescribed by the department of management and budget. Any deposits made under this subsection and any unencumbered funds are restricted revenues, may be carried over into the succeeding fiscal years, and are appropriated.
(2) From the funds appropriated in part 1 to the department of management and budget for professional development funds and child care information and referral services, the department of management and budget may expend funds for staff support associated with administration of the professional development funds and child care information and referral services in amounts as may be specified in joint labor/management agreements or through the coordinated compensation hearings process.
(3) In addition to the funds appropriated in part 1 for severance pay funds, the department of management and budget may receive and expend funds from other state agencies for staff support associated with the administration of these funds.
(4) In addition to the funds appropriated in part 1 to the department of management and budget, for statewide appropriations from employer contributions, the department of management and budget may receive and expend funds in such additional amounts as may be specified in joint labor/management agreements or through the coordinated compensation hearings process in the same manner and subject to the same conditions as prescribed in subsections (1), (2), and (3).
Sec. 706. To the extent a specific appropriation is required for a detail source of financing included in part 1 for the department of management and budget appropriations financed from special revenue and internal service and pension trust funds, or MAIN user charges, the specific amounts are appropriated within the special revenue internal service and pension trust funds in portions not to exceed the aggregate amount appropriated in part 1.
Sec. 707. The per diem amounts authorized for the following boards within the department of management and budget are as follows:
(a) Judges retirement board $ 50.00
(b) Public school employees retirement board 50.00
(c) State police retirement board 50.00
(d) State employees retirement board 50.00
Sec. 708. In addition to the funds appropriated in part 1 to the department of management and budget, the department may receive and expend funds from other principal executive departments and state agencies to implement donated annual leave and administrative leave bank transfer provisions as may be specified in joint labor/management agreements. The amounts may also be transferred to other principal executive departments and state agencies under the joint agreement and any amounts transferred under the joint agreement are authorized for receipt and expenditure by the receiving principal executive department or state agency. Any amounts received by the department of management and budget under this section and intended, under the joint labor/management agreements, to be available for use beyond the close of the fiscal year and any unencumbered funds may be carried over into the succeeding fiscal year.
Sec. 709. The appropriation in part 1 for the Michigan administrative information network shall be funded by proportionate charges assessed against the respective state funds benefiting from this project in the amounts determined by the department.
Sec. 710. (1) Deposits against the interdepartmental grant from building occupancy and parking charges appropriated in part 1 shall be collected, in part, from state agencies, the legislative branch, and the judicial branch based on estimated costs associated with maintenance and operation of buildings managed by the department of management and budget. To the extent excess revenues are collected due to estimates of building occupancy charges exceeding actual costs, the excess revenues may be carried forward into succeeding fiscal years for the purpose of returning funds to state agencies.
(2) Appropriations in part 1 to the department of management and budget, for management and budget services from building occupancy charges and parking charges, may be increased to return excess revenue collected to state agencies.
Sec. 711. The appropriation in part 1 to the department of management and budget, for state-sponsored group insurance, flexible spending accounts, and COBRA, represents amounts, in part, included within the various appropriations throughout state government for the current fiscal year to fund the flexible spending account program included within management and budget services. Deposits against state-sponsored group insurance, flexible spending accounts, and COBRA for the flexible spending account program shall be made from assessments levied during the current fiscal year in a manner prescribed by the department of management and budget. Unspent employee contributions to the flexible spending accounts may be used to offset administrative costs for the flexible spending account program, with any remaining balance of unspent employee contributions to be lapsed to the general fund.
Sec. 712. In accordance with section 52 of the state employees' retirement act, 1943 PA 240, MCL 38.52, $0 is appropriated in part 1 to the health insurance reserve fund of the state employees' retirement system created by section 11(8) of the state employees' retirement act, 1943 PA 240, MCL 38.11, representing the estimated general fund/general purpose savings from implementing the defined contribution retirement plan for the period October 1, 2000 through September 30, 2001.
Sec. 713. The department of management and budget shall notify the chairpersons of the senate and house of representatives standing committees on appropriations and the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government on any revisions exceeding $500,000.00 to current contracts for computer software development, hardware acquisition, or quality assurance at least 14 days before the department of management and budget finalizes the revisions.
Sec. 715. The department of management and budget shall maintain an internet website that contains notice of all invitations for bids and requests for proposals over $50,000.00 issued by the department or by any state agency operating under delegated authority. The department shall not accept an invitation for bid or request for proposal in less than 14 days after the notice is made available on the internet website, except in situations where it would be in the best interest of the state and documented by the department. In addition to the requirements of this section, the department may advertise the invitations for bids and requests for proposals in any manner the department determines appropriate, in order to give the greatest number of individuals and businesses the opportunity to make bids or requests for proposals.
Sec. 716. The department of management and budget may receive and expend funds from the Vietnam veterans memorial monument fund for maintenance of the Vietnam veterans memorial monument and the Vietnam memorial park, as provided in 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated when received and may be expended upon receipt.
Sec. 717. The Michigan veterans' memorial park commission may receive and expend money from any source, public or private, including, but not limited to, gifts, grants, donations of money, and government appropriations, for the purposes described in Executive Order No. 2001-10. Funds are appropriated and allocated when received and may be expended upon receipt. Any deposits made under this section and unencumbered funds are restricted revenues and may be carried over into succeeding fiscal years.
Sec. 718. From the funds appropriated in part 1 to the department of management and budget, the department of management and budget shall not, after the forms that are presently in stock are depleted and new forms are to be ordered, print or authorize the printing of a form that references a city or village, unless that form also references a township in the same size print and same font as the city or village is referenced.
Sec. 719. An amount up to $1,200,000.00 shall be transferred from the general fund for costs associated with the gubernatorial transition process.
DEPARTMENT OF STATE
Sec. 800. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $7,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 801. All funds made available by section 3171 of the insurance code of 1956, 1956 PA 218, MCL 500.3171, are appropriated and made available to the department of state to be expended only for the uses and purposes for which the funds are received as provided by sections 3171 to 3177 of the insurance code of 1956, 1956 PA 218, MCL 500.3171 to 500.3177.
Sec. 802. From the funds appropriated in part 1, the department of state shall sell copies of records including, but not limited to, records of motor vehicles, off-road vehicles, snowmobiles, watercraft, mobile homes, personal identification cardholders, drivers, and boat operators and shall charge $6.55 per record sold only as authorized in section 208b of the Michigan vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222, MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80130, 324.80315, 324.81114, and 324.82156. The department shall use the revenue received from the sale of records for necessary expenses as appropriated in part 1. The balance of the fee revenue remaining on September 30 shall revert to the general fund.
Sec. 803. From the funds appropriated in part 1, the secretary of state may enter into agreements with the department of corrections for the manufacture of vehicle registration plates 15 months before the registration year in which the registration plates will be used.
Sec. 804. (1) The department of state may accept gifts, donations, contributions, and grants of money and other property from any private or public source to underwrite, in whole or in part, the cost of a departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. A private or public funding source may receive written recognition in the publication and may furnish a traffic safety message, subject to departmental approval, for inclusion in the publication. The department may reject a gift, donation, contribution, or grant. The department may furnish copies of a publication underwritten, in whole or in part, by a private source to the underwriter at no charge.
(2) The department of state may sell and accept paid advertising for placement in a departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. The department may charge and receive a fee for any advertisement appearing in a departmental publication and shall review and approve the content of each advertisement. The department may refuse to accept advertising from any person or organization. The department may furnish a reasonable number of copies of a publication to an advertiser at no charge.
(3) Pending expenditure, the funds received under this section shall be deposited in the Michigan department of state publications fund created by section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211. Funds given, donated, or contributed to the department from a private source are appropriated and allocated for the purpose for which the revenue is furnished. Funds granted to the department from a public source are allocated and may be expended upon receipt. The department shall not accept a gift, donation, contribution, or grant if receipt is conditioned upon a commitment of state funding at a future date. Revenue received from the sale of advertising is appropriated and may be expended upon receipt.
(4) Any unexpended revenues received under this section shall be carried over into subsequent fiscal years and shall be available for appropriation for the purposes described in this section.
(5) On March 1 of each year, the department of state shall file a report with the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall include all of the following information:
(a) The amount of gifts, contributions, donations, and grants of money received by the department under this section for the prior fiscal year.
(b) A listing of the expenditures made from the amounts received by the department as reported in subdivision (a).
(c) A listing of any gift, donation, contribution, or grant of property other than funding received by the department under this section for the prior year.
(d) The total revenue received from the sale of paid advertising accepted under this section and a statement of the total number of advertising transactions.
(6) In addition to copies delivered without charge as the secretary of state considers necessary, the department of state may sell copies of manuals and other publications regarding the sale, ownership, or operation or regulation of motor vehicles, with amendments, at prices to be established by the secretary of state. As used in this subsection, the term "manuals and other publications" means videos and proprietary electronic publications. All funds received from sales of these manuals and other publications shall be credited to the Michigan department of state publications fund.
Sec. 805. Funds collected by the department of state under section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211, are appropriated for all expenses necessary to provide for the costs of the publication. Funds are allotted for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year.
Sec. 806. From the funds appropriated in part 1, the department of state shall use available balances at the end of the state fiscal year to provide payment to the department of state police in the amount of $307,900.00 for the services provided by the traffic accident records program as first appropriated in 1990 PA 196 and 1990 PA 208.
Sec. 807. From the funds appropriated in part 1, the department of state may restrict funds from miscellaneous revenue to cover cash shortages created from normal branch office operations. This amount shall not exceed $50,000.00 of the total funds available in miscellaneous revenue.
Sec. 808. (1) Commemorative and specialty license plate fee revenue collected by the department of state and deposited into the Michigan transportation fund is authorized for expenditure up to the amount of revenue collected but not to exceed the amount appropriated to the department of state in part 1 to administer commemorative and specialty license plate programs.
(2) Commemorative and specialty license plate fee revenue collected by the department of state and deposited in the Michigan transportation fund in addition to the amount appropriated in part 1 to the department of state shall be available for other Michigan transportation fund-supported programs.
Sec. 809. Funds or revenues in the Olympic education training center fund, after deducting manufacturing and administrative costs, are appropriated for distribution to the Olympic education training center at Northern Michigan University. Distributions shall occur on a quarterly basis. Any undistributed revenue remaining at the end of the fiscal year shall be carried over into the next fiscal year.
Sec. 810. The department of state may produce and sell copies of a training video designed to inform registered automotive repair facilities of their obligations under Michigan law. The price shall not exceed the cost of production and distribution. The money received from the sale of training videos shall revert to the department of state and be placed in the auto repair facility account.
Sec. 811. (1) The department of state, in collaboration with the gift of life transplantation society or its successor federally designated organ procurement organization, may develop and administer a public information campaign concerning the Michigan organ donor program.
(2) The department may solicit funds from any private or public source to underwrite, in whole or in part, the public information campaign authorized by this section. The department may accept gifts, donations, contributions, and grants of money and other property from private and public sources for this purpose. A private or public funding source underwriting the public information campaign, in whole or in substantial part, shall receive sponsorship credit for its financial backing.
(3) Funds received under this section, including grants from state and federal agencies, shall not lapse to the general fund at the end of the fiscal year but shall remain available in fiscal year 2004 for expenditure for the purposes described in this section.
Sec. 812. Collector plate and fund-raising registration plate revenues collected by the department of state are appropriated and allotted for distribution to the recipient university or public or private agency overseeing a state-sponsored goal when received. Distributions shall occur on a quarterly basis or as otherwise authorized by law. Any revenues remaining at the end of the fiscal year shall not lapse to the general fund but shall remain available for distribution to the university or agency in the next fiscal year.
Sec. 813. (1) Funding appropriated in part 1 for the organ donor program shall be used for producing a pamphlet to be distributed with driver licenses and personal identification cards regarding organ donations. The funds shall be used to update and print a pamphlet that will explain the organ donor program and encourage people to become donors by marking a checkoff on driver license and personal identification card applications.
(2) The pamphlet shall include a return reply form addressed to the gift of life organization. Funding appropriated in part 1 for the organ donor program shall be used to pay for return postage costs.
Sec. 814. The department shall reimburse municipalities with voting populations over 5,000 in any calendar year for qualified voter file systems, subject to the appropriations of funds to the department by the legislature for this purpose.
Sec. 816. The department shall consult with the senate and house of representatives standing committees on appropriations subcommittees on general government regarding the projected closing or consolidation of any secretary of state branch offices.
Sec. 817. Effective January 1, 2003, the annual salary for the secretary of state shall be $135,500.00, unless an amendment to the state constitution gives the state officers compensation commission the authority to determine the salary of the secretary of state.
Sec. 818. The appropriation in part 1 for branch operations includes $1,000,000.00 from the state services fee fund for the development and implementation of a vertical driver license and personal identification card program for persons under the age of 21.
DEPARTMENT OF TREASURY
OPERATIONS
Sec. 900. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
Sec. 901. (1) Amounts needed to pay for interest, fees, principal, arbitrage rebates as required by federal law, and costs associated with the payment, registration, trustee services, credit enhancements, and issuing costs in excess of the amount appropriated to the department of treasury in part 1 for debt service on notes and bonds that are issued by the state under sections 14, 15, and 16 of article IX of the state constitution of 1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are appropriated.
(2) In addition to the amount appropriated to the department of treasury for debt service in part 1, there is appropriated an amount for fiscal year cash-flow borrowing costs to pay for interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to 12.53.
Sec. 902. (1) From the funds appropriated in part 1, the department of treasury may contract with private collection agencies and law firms to collect taxes and other accounts due this state. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund collection costs and fees not to exceed 25% of the collections or 2.5% plus operating costs, whichever amount is prescribed by the contract. The appropriation to fund collection costs and fees for the collection of taxes or other accounts due this state are from the fund or account to which the revenues being collected are recorded or dedicated. However, if the taxes collected are constitutionally dedicated for a specific purpose, the appropriation of collection costs and fees are from the general purpose account of the general fund.
(2) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the agencies or law firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued.
Sec. 903. (1) The department of treasury, through its bureau of investments, may charge an investment service fee against the applicable retirement funds. The fees may be expended for necessary salaries, wages, contractual services, supplies, materials, equipment, travel, worker's compensation insurance premiums, and grants to the civil service commission and state employees' retirement funds. Service fees shall not exceed the aggregate amount appropriated in part 1. The department of treasury shall maintain accounting records in sufficient detail to enable the retirement funds to be reimbursed periodically for fee revenue that is determined by the department of treasury to be surplus.
(2) In addition to the funds appropriated in part 1 from the retirement funds to the department of treasury, there is appropriated from retirement funds an amount sufficient to pay for the services of money managers, investment advisors, investment consultants, custodians and other outside professionals, the state treasurer considers necessary to prudently manage the retirement funds' investment portfolios. The state treasurer shall report annually to the senate and house of representatives standing committees on appropriations concerning the performance of each portfolio by investment advisor.
Sec. 904. The department of treasury shall sell copies of the state tax manual, uniform accounting procedures manual, general property tax law manual, and other local government assistance manuals with amendments, at a price not to exceed the cost of printing. The revenue received from the sale of preparation and local government assistance manuals shall revert to the department of treasury and be placed in the local government assistance manual revolving fund.
Sec. 905. (1) The department of treasury shall charge for audits as permitted by state or federal law or under contractual arrangements with local units of government, other principal executive departments, or state agencies. A report detailing audits performed and audit charges for the immediately preceding fiscal year shall be submitted to the state budget director and the senate and house fiscal agencies not later than November 30.
(2) The appropriation in part 1 to the department of treasury, for state compliance audits, shall be used to cover the cost of the state audits performed by independent certified public accountants or department of treasury auditors. The scope of the state audit shall be defined by the state treasurer. The state audits shall be performed by independent certified public accountants contracted with by the state treasurer or by department of treasury auditors, if the county has agreed to contract with and pay the department for their financial single audit.
(3) The state audits shall be performed for the most current county fiscal year in conjunction with the financial single audit. The state audit may be performed either by certified public accountants contracted by the state treasurer or department of treasury staff, independent of the financial single audit, if a state audit has not been performed within the last 3 years.
Sec. 906. A revolving fund known as the assessor certification and training fund is created in the department of treasury. The assessor certification and training fund shall be used to organize and operate a property assessor certification and training program. Each participant certified and trained shall pay to the department of treasury an examination fee of $25.00, an initial certification fee of $35.00, an annual renewal fee of $50.00 for levels 1 and 2 and $95.00 for levels 3 and 4 to offset the cost of administering the certification and training program. Training courses shall be offered in assessment administration. Each participant shall pay a fee to cover the expenses incurred in offering the optional programs to certified assessing personnel and other individuals interested in an assessment career opportunity. The fees collected shall be credited to the assessor certification and training fund.
Sec. 907. The amount appropriated in part 1 to the department of treasury, home heating assistance program, is to cover the costs, including data processing, of administering the federal home heating credits to eligible claimants and to administer the supplemental fuel cost payment program for eligible tax credit and welfare recipients.
Sec. 908. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371 to 207.383, is appropriated and shall be distributed under section 7 of the airport parking tax act, 1987 PA 248, MCL 207.377.
Sec. 909. The disbursement by the department of treasury from the bottle deposit fund to dealers as required by section 3c(2) of the Initiated Law of 1976, MCL 445.573c, is appropriated.
Sec. 910. (1) There is appropriated an amount sufficient to recognize and pay refundable income tax credits as provided by the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) The appropriations under subsection (1) shall be funded by restricting income tax revenue in an amount sufficient to record these expenditures.
Sec. 911. A plaintiff in a garnishment action involving this state shall pay to the state treasurer 1 of the following:
(a) A fee of $6.00 at the time a writ of garnishment of periodic payments is served upon the state treasurer, as provided in section 4012 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4012.
(b) A fee of $6.00 at the time any other writ of garnishment is served upon the state treasurer, except that the fee shall be reduced to $5.00 for each writ of garnishment for individual income tax refunds or credits filed by magnetic media.
Sec. 912. (1) The department of treasury may contract with private firms to appraise and, if necessary, appeal the assessments of senior citizen cooperative housing units. Payment for this service shall be from savings resulting from the appraisal or appeal process.
(2) Of the funds appropriated in part 1 to the department of treasury for the senior citizens' cooperative housing tax exemption program, a portion is to be utilized for a program audit of the program. The department of treasury shall forward copies of the audit report to the senate and house of representatives standing committees on appropriations subcommittees on general government. The department of treasury may utilize up to 1% of the funds for program administration and auditing.
Sec. 913. The state treasurer may make loans to local units of government from the state's common cash fund to implement local government infrastructure and private facility projects that will ultimately use long-term debt to finance the costs. These loans may be made at any time and shall be repaid, in full, not later than 12 months after the date of the loan. In addition to the full repayment of the loan principal, the borrowing unit shall pay interest at the average rate earned on common cash investments during the period of the loan. The total of all outstanding loans shall not exceed $50,000,000.00 in the aggregate and no single loan shall exceed $7,500,000.00.
Sec. 914. The department of treasury may provide a $200.00 annual prize from the Ehlers internship award account in the gifts, bequests, and deposit fund to the runner-up of the Rosenthal prize for interns. The Ehlers internship award account is interest bearing.
Sec. 915. Pursuant to section 61 of the Michigan campaign finance act, 1976 PA 388, MCL 169.261, there is appropriated from the general fund to the state campaign fund an amount equal to the amounts designated for tax year 2002. Except as otherwise provided in this section, the amount appropriated shall not revert to the general fund and shall remain in the state campaign fund. Any amounts remaining in the state campaign fund in excess of $10,000,000.00 on December 31, 2002 shall revert to the general fund.
Sec. 916. The department of treasury may develop a technology investment plan to maintain and upgrade current tax management technology applications.
Sec. 917. The department of treasury may make available to interested entities otherwise unavailable customized unclaimed property listings of nonconfidential information in its possession. The charge for this information is as follows: 1 to 100,000 records at 2.5 cents per record and 100,001 or more records at .5 cents per record. The revenue received from this service shall be deposited to the appropriate revenue account or fund. The department shall submit an annual report on or before June 1, 2003, to the state budget director and the senate and house of representatives standing committees on appropriations that states the amount of revenue received from the sale of information.
Sec. 918. (1) There is appropriated for write-offs and advances an amount equal to total write-offs and advances for departmental programs, but not to exceed current year authorizations that would otherwise lapse to the general fund.
(2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than November 30, stating the amounts appropriated for write-offs and advances under subsection (1).
Sec. 919. In addition to funds appropriated in part 1, the department of treasury may receive and expend funds for conducting tax orientation workshops and seminars. Funds received may not exceed costs incurred in conducting the workshops and seminars.
Sec. 920. (1) From funds appropriated in part 1, the department of treasury may contract with private auditing firms to audit for and collect unclaimed property due this state in accordance with the Michigan uniform unclaimed property act. In addition to the amounts appropriated in part 1, to the department of treasury, there are appropriated amounts necessary to fund auditing and collection costs and fees not to exceed 12% of the collections, or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of unclaimed property due this state is from the fund or account to which the revenues being collected are recorded or dedicated.
(2) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house standing committees on appropriations not later than November 30 stating the auditing firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued.
Sec. 921. Payments from the appropriation in part 1 to the department of treasury for grants to counties in lieu of taxes for lands transferred to the federal government include a payment for Sleeping Bear Dunes national lakeshore under 1974 PA 359, MCL 3.901 to 3.909.
Sec. 922. All of the revenue collected under section 12(3)(a) of the tobacco products tax act, 1993 PA 327, MCL 205.432, is appropriated to the health and safety fund of this state for distribution as set forth in the health and safety fund act, 1987 PA 264, MCL 141.471 to 141.479.
Sec. 940. The department of treasury may provide receipt, warrant and cash processing, data, collection, investment, fiscal agent, levy and warrant cost assessment, writ of garnishment, and other user services on a contractual basis for other principal executive departments and state agencies. Funds for the services provided are appropriated and shall be expended for salaries and wages, fees, supplies, and equipment necessary to provide the services. Any unobligated balance of the funds received shall revert to the general fund of this state as of September 30.
Sec. 941. The department of treasury may enter into agreements to supply data or collection services to other executive principal departments or state agencies, the United States department of treasury, or local units of government within this state. The department of treasury shall charge for this tax data service and amounts received are appropriated and shall be expended for salaries and wages, fees, supplies, and equipment necessary to provide the service.
Sec. 942. (1) The department of treasury shall provide accounts receivable collections services to other principal executive departments and state agencies under 1927 PA 375, MCL 14.131 to 14.134. The department of treasury shall deduct a fee equal to the cost of collections from all receipts except unrestricted general fund collections. Fees shall be credited to a restricted revenue account and appropriated to the department of treasury to pay for the cost of collections. The department of treasury shall maintain accounting records in sufficient detail to enable the respective accounts to be reimbursed periodically for fees deducted that are determined by the department of treasury to be surplus to the actual cost of collections.
(2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than November 30, stating the principal executive departments and state agencies served, funds collected, and costs of collection under subsection (1).
Sec. 943. The appropriation in part 1 to the department of treasury, for treasury fees, shall be assessed against all restricted funds that contribute to the total value of state managed investments in the ratio each restricted fund contributes to the total value of state managed investments. The department of treasury shall provide a report to the state budget director, the senate and house appropriations subcommittees on general government, and the fiscal agencies by November 30 of each year identifying the fees assessed against each restricted fund.
Sec. 950. Revenue received under the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1444, may be expended by the board of directors of the Michigan education trust for necessary salaries, wages, supplies, contractual services, equipment, worker's compensation insurance premiums, and grants to the civil service commission and state employees' retirement fund.
Sec. 951. (1) From the funds appropriated in part 1 for the Michigan merit award board/MEAP administration, the department shall provide tests to nonpublic schools and home-schooled students upon request. The department shall notify nonpublic schools that they are eligible to receive the tests.
(2) The department shall release test results at the same time to all private schools and public school districts taking the tests.
Sec. 952. (1) The $1,000,000.00 appropriated in part 1 for the Michigan education savings program is from the Michigan merit award trust fund to fund an incentive program for the Michigan education savings program created under the Michigan education savings program act, 2000 PA 161, MCL 390.1471 to 390.1486.
(2) The funds appropriated for the Michigan education savings program shall be used to provide a state match to dollars invested on behalf of each child named as a designated beneficiary in the Michigan education savings program who is 6 years of age or less, who is a Michigan resident, and whose family's income is $80,000.00 or less.
(3) During the current fiscal year, the state shall provide $1.00 of matching funds for each $3.00 of individual contributions to the educational savings accounts. The maximum state match for each designated beneficiary shall be $200.00.
(4) The state match shall be available only in the first year the child is enrolled in the Michigan education savings program.
Sec. 960. The department of treasury may expend revenues received under the hospital finance authority act, 1969 PA 38, MCL 331.31 to 331.84, for necessary salaries, wages, supplies, contractual services, equipment, worker's compensation insurance premiums, and grants to the civil service commission and state employees' retirement fund. The department of treasury shall maintain accounting records in sufficient detail to enable the hospital clients to be reimbursed periodically for fees that are determined by the department of treasury to be surplus to needs.
Sec. 961. The department of treasury may expend revenue received under the shared credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076, for necessary salaries, wages, supplies, contractual services, equipment, worker's compensation insurance premiums, and grants to the civil service commission and state employees' retirement fund.
Sec. 962. The department of treasury shall establish a separate account for the funds related to the Michigan higher education facilities authority. The department of treasury may expend revenue received under the higher education facilities authority act, 1969 PA 295, MCL 390.921 to 390.934, for necessary salaries, wages, supplies, contractual services, equipment, worker's compensation insurance premiums, and grants to the civil service commission and state employees' retirement fund. The department of treasury shall maintain accounting records in sufficient detail to enable the educational institution clients to be reimbursed periodically for fees that are determined by the department to be surplus to needs.
Sec. 963. The department of treasury may expend revenues received under the Michigan public educational facilities authority, Executive Order No. 2002-3, for necessary salaries, wages, supplies, contractual services, equipment, worker's compensation insurance premiums, and grants to the civil service commission and state employees' retirement fund.
Sec. 964. The department of treasury may expend revenues received under the Michigan broadband development authority act, 2002 PA 49, for necessary salaries, wages, supplies, contractual services, equipment, workers' compensation insurance premiums, and grants to the civil service commission and state employees' retirement fund.
REVENUE SHARING
Sec. 970. (1) Revenue collected in accordance with article IX, section 10 of the Michigan constitution of 1963 in excess of the amount appropriated in part 1 for constitutional revenue sharing is appropriated for distribution to townships, cities, and villages on a population basis as specified by law. The appropriation in part 1 for statutory state general revenue sharing grants to townships, cities, and villages shall be reduced by an amount equal to any additional constitutional revenue sharing appropriations authorized in this section.
(2) The appropriation in part 1 for statutory state general revenue sharing grants shall be distributed according to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. Undistributed funds shall lapse to the general fund.
Sec. 971. County treasurers shall comply with section 151 of the state school aid act of 1979, 1979 PA 94, MCL 388.1751, to receive funds under part 1 for the statutory state general revenue sharing grant payments in excess of the constitutional state general revenue sharing grant payments. The payment of funds under part 1 for the statutory state general revenue sharing grant payments in excess of the constitutional state general revenue sharing grant payments shall not be withheld if a local unit of government or the department of treasury fails to provide a county treasurer with information necessary to comply with section 151 of the state school aid act of 1979, 1979 PA 94, MCL 388.1751.
Sec. 972. (1) The appropriation in part 1 for grants to local governmental units will be distributed to counties, cities, villages, and townships if total revenue sharing payments received by a county, city, village, or township in fiscal year 2002-2003 are less than the total revenue sharing payments received by that county, city, village, or township in fiscal year 2001-2002 under the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. The grant received by any city, village, or township whose 2000 census count is reduced due to a correction to the statewide federal census published by the United States department of commerce will be determined by the amount by which fiscal year 2002-2003 total revenue sharing payments are less than the fiscal year 2001-2002 revenue sharing payments calculated using the corrected population count. The department of treasury shall reduce grant payments proportionally if the amount appropriated in part 1 is insufficient to fully fund grant payments.
(2) If the appropriation for statutory state general revenue sharing grants to cities, villages, and townships is reduced under section 970, the appropriation to grants to local governmental units in part 1 shall be increased by an amount such that for each city, village, or township total revenue sharing payments and grants under this section will not be less than the total revenue sharing payment received by that city, village, or township in fiscal year 2001-2002 pursuant to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. Any increase in the appropriation required under this section shall be distributed from the 21.3% of sales tax collections at a rate of 4% that is in excess of the appropriation for statutory state general revenue sharing grants appropriated in part 1.
LOTTERY
Sec. 980. In addition to the funds appropriated in part 1 to the bureau of state lottery, there is appropriated from lottery revenues the amount necessary for, and directly related to, implementing and operating lottery games. Appropriations under this section shall only be expended for contractually mandated payments for vendor commissions, contractually mandated payments for instant tickets intended for resale, the contractual costs of providing and maintaining the on-line system communications network, and incentive and bonus payments to lottery retailers.
Sec. 981. The funds appropriated in part 1 to the bureau of state lottery shall not be used for any promotional efforts directed towards individuals who are less than 18 years of age.
Sec. 982. The funds appropriated in part 1 to the bureau of state lottery shall not be used to directly or indirectly associate professional or amateur sports figures with the lottery or its products.
CASINO GAMING
Sec. 990. Revenue collected by the Michigan gaming control board regarding the wagering tax imposed on adjusted gross receipts received by the licensee from gaming authorized under the Michigan gaming control and revenue act, the Initiated Law of 1996, MCL 432.201 to 432.226, at the rate of 8.15% is appropriated and shall be deposited in the state school aid fund to provide additional funds for K-12 classroom education.
Sec. 991. From the revenue collected by the Michigan gaming control board regarding the total annual assessment of each casino licensee, $2,000,000.00 is appropriated and shall be deposited in the compulsive gaming prevention fund as described in section 12a(5) of 1997 PA 69.
Sec. 992. In addition to the funds appropriated in part 1, funds distributed by the Michigan gaming control board to the department of treasury for oversight of casino gaming are appropriated upon receipt. These funds may be used to pay for costs incurred for casino gaming oversight activities.
Sec. 993. (1) Funds appropriated in part 1 for local government programs may be used to provide assistance to a local revenue sharing board referenced in an agreement authorized by the Indian gaming regulatory act, Public Law 100-497, 102 Stat. 2467.
(2) A local revenue sharing board described in subsection (1) shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(3) A county treasurer is authorized to receive and administer funds received for and on behalf of a local revenue sharing board. Funds appropriated in part 1 for local government programs may be used to audit local revenue sharing board funds held by a county treasurer. This section does not limit the ability of local units of government to enter into agreements with federally recognized Indian tribes to provide financial assistance to local units of government or to jointly provide public services.
(4) The director of the department of state police and the executive director of the Michigan gaming control board are authorized to assist the local revenue sharing boards in determining allocations to be made to local public safety organizations.
(5) The department of treasury shall submit a report by September 30, 2003, to the senate and house of representatives standing committees on appropriations on the receipts and distribution of revenues by local revenue sharing boards.
Sec. 994. If revenues collected in the state services fee fund are less than the amounts appropriated from the fund, available revenues shall be used to fully fund the appropriation in part 1 of this act for casino gaming regulation activities before distributions are made to other state departments and agencies. If the remaining revenue in the fund is insufficient to fully fund appropriations to other state departments or agencies, the shortfall shall be distributed proportionally among those departments and agencies.
REVENUE STATEMENT
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 2002-2003
Beginning
Fund Unreserved
# Fund Estimated Ending
Balance Revenue Balance
OPERATING FUNDS
General 0110 0.0 20,424.3 0.0
Special Revenue Funds:
| Countercyclical budget and economic stabilization | 0111 | 471.2 | 15.4 | 224.9 |
| Game and fish protection | 0112 | 11.8 | 62.4 | 8.4 |
| Michigan employment security act administration | 0113 | 1.2 | 127.5 | 1.3 |
| State aeronautics | 0114 | 0.0 | 217.1 | 0.0 |
| Michigan veterans' benefit trust | 0115 | 0.0 | 3.0 | 0.0 |
| State trunkline | 0116 | 0.0 | 1,712.1 | 0.0 |
| Michigan state waterways | 0117 | 0.0 | 23.9 | 0.5 |
| Blue Water Bridge | 0118 | 0.0 | 12.1 | 0.0 |
| Michigan transportation | 0119 | 0.0 | 2,049.2 | 0.0 |
| Comprehensive transportation | 0120 | 7.6 | 288.7 | 7.6 |
| School aid | 0122 | 271.0 | 12,607.2 | (19.4) |
| Marine safety | 0123 | 1.9 | 5.1 | 0.7 |
| Game and fish protection trust | 0124 | 0.0 | 16.7 | 0.0 |
| State park improvement | 0125 | 5.4 | 30.9 | 3.4 |
| Forest development | 0126 | 4.3 | 23.0 | 0.1 |
| Michigan civilian conservation corps endowment | 0128 | 0.2 | 0.9 | 0.0 |
| Michigan natural resources trust | 0129 | 0.0 | 57.1 | 0.0 |
| Michigan state parks endowment | 0130 | 6.2 | 20.6 | 6.4 |
| Safety education and training | 0131 | 3.4 | 6.6 | 3.4 |
| Uninsured employers' security | 0135 | 0.0 | 0.0 | 0.0 |
| Bottle deposit | 0136 | 0.0 | 30.4 | 0.0 |
| State construction code | 0138 | 14.2 | 8.8 | 13.0 |
| Children's trust | 0139 | 0.5 | 2.4 | 0.7 |
| State casino gaming | 0140 | 12.4 | 28.2 | 19.2 |
| Homeowner construction lien recovery | 0141 | 2.0 | 0.5 | 1.4 |
| Michigan nongame fish and wildlife | 0143 | 0.1 | 0.6 | 0.0 |
| Michigan merit award trust | 0154 | 23.1 | 252.9 | 34.4 |
| Tobacco settlement trust | 0155 | 37.8 | 85.0 | 1.0 |
| Michigan underground storage tank finance assurance | 0160 | 0.0 | 63.3 | 0.0 |
| TOTALS | $955.2 | $38,176.4 | $322.7 |
Enacting section 1. This act does not take effect unless House Bill No. 5248 of the 91st Legislature is enacted into law.
Second: That the House and Senate agree to the title of the bill to read as follows:
A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2003; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2003; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
John Pappageorge
Brian Palmer
Conferees for the House
John J.H. Schwarz, M.D.
Shirley Johnson
Conferees for the Senate
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
______
Rep. Whitmer moved that Rep. Murphy be excused temporarily from today's session.
The motion prevailed.
Rep. Jacobs moved that Rep. Schermesser be excused temporarily from today's session.
The motion prevailed.
Rep. Rich Brown moved that Rep. Lipsey be excused temporarily from today's session.
The motion prevailed.
Rep. Clark moved that Reps. Lemmons and Clarke be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House the conference report relative to
House Bill No. 5647, entitled
A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
(The conference report was reported by the conference committee on June 13, consideration of which, under the rules, was postponed until June 18.)
(For conference report, see House Journal No. 55, p. 1999.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1021 Yeas--57
| Allen | Gilbert | Kuipers | Rocca |
| Birkholz | Gosselin | LaSata | Scranton |
| Bisbee | Hager | Mead | Shackleton |
| Bishop | Hart | Meyer | Shulman |
| Bradstreet | Howell | Middaugh | Stamas |
| Brown, C. | Hummel | Mortimer | Stewart |
| Cassis | Jansen | Newell | Tabor |
| Caul | Jelinek | Palmer | Toy |
| DeRossett | Johnson, Rick | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Ruth | Patterson | Vander Roest |
| DeWeese | Julian | Pumford | Vander Veen |
| Drolet | Koetje | Raczkowski | Vear |
| Ehardt | Kooiman | Richardville | Voorhees |
| Faunce | Kowall | Richner | Woronchak |
George
Nays--41
| Adamini | Frank | Mans | Rivet |
| Anderson | Garza | McConico | Schauer |
| Basham | Gieleghem | Minore | Sheltrown |
| Bernero | Hale | Neumann | Spade |
| Bovin | Hansen | O'Neil | Switalski |
| Brown, B. | Hardman | Pestka | Thomas |
| Brown, R. | Jacobs | Phillips | Waters |
| Callahan | Jamnick | Plakas | Whitmer |
| Clark, I. | Kolb | Quarles | Williams |
| Daniels | Lockwood | Reeves | Woodward |
Dennis
In The Chair: Julian
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Waters, Plakas, Anderson, Schauer, Williams, Garza, Woodward, Basham, Kolb, Phillips, Daniels, Hardman, Dennis, Jamnick, Minore, Clark, Rich Brown, Lockwood, Jacobs and Adamini, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5647 (History, Arts, and Libraries FY 2003 budget) because:
* Cutting arts grants in half when arts funding is already so low is unconscionable, particularly without making any effort to cut administrative costs.
* Studies continually show the importance of arts and arts education, and we should reward arts groups for their services, not use them to correct our structural deficit.
I also voted no on this budget because:
* This state is facing a $480 million deficit for the current 2002 fiscal year and over $350 million for next fiscal year, 2003. As it stands right now, a number of revenues which contribute substantially to the state's General Fund are down a full ten percent from where they were a year ago.
* Unfortunately, the Governor and Republican Legislatures still cannot recommend actions to deal with the state's structural deficit. Until we receive a clearer indication on where our revenues are heading and how the Republican Legislative leadership intends to deal with the state's structural deficit, I cannot in good conscience vote to make cuts in essential programs."
Rep. Spade, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5647 (History, Arts, and Libraries FY 2003 budget) because:
* Cutting arts grants in half when arts funding is already so low is unconscionable, particularly without making any effort to cut administrative costs.
* Studies continually show the importance of arts and arts education, and we should reward arts groups for their services, not use them to correct our structural deficit."
Rep. Callahan, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
This state is broke. The Governor and the Republican Party (majority) have mis-managed and eroded the general fund and dedicated funds, department by department. They have ignored the warning signs of revenue forcasting conferences and held a hard line to give tax breaks to corporations at the expence of the public trust. They have continued to borrow funds and raise the debt level, mortgaging the future of the next generation. They have NO viable plan other than to raise the tax to people that smoke.The PEOPLE of this state have been handed a grave dis-service."
The Speaker laid before the House the conference report relative to
House Bill No. 5644, entitled
A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2003; 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 conference report was reported by the conference committee on June 13, consideration of which, under the rules, was postponed until June 18.)
(For conference report, see House Journal No. 55, p. 1987.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1022 Yeas--58
| Allen | Gilbert | LaSata | Scranton |
| Birkholz | Gosselin | Mead | Shackleton |
| Bisbee | Hager | Meyer | Sheltrown |
| Bishop | Hart | Middaugh | Shulman |
| Bradstreet | Howell | Mortimer | Stamas |
| Brown, B. | Hummel | Newell | Stewart |
| Brown, C. | Jansen | Palmer | Tabor |
| Cassis | Jelinek | Pappageorge | Toy |
| Caul | Johnson, Rick | Patterson | Van Woerkom |
| DeRossett | Johnson, Ruth | Pumford | Vander Roest |
| DeVuyst | Julian | Raczkowski | Vander Veen |
| Drolet | Koetje | Richardville | Vear |
| Ehardt | Kooiman | Richner | Voorhees |
| Faunce | Kowall | Rocca | Woronchak |
George Kuipers
Nays--41
| Adamini | Garza | Lockwood | Reeves |
| Anderson | Gieleghem | Mans | Rivet |
| Basham | Hale | Minore | Schauer |
| Bernero | Hansen | Murphy | Spade |
| Bovin | Hardman | Neumann | Switalski |
| Brown, R. | Jacobs | O'Neil | Thomas |
| Callahan | Jamnick | Pestka | Waters |
| Clark, I. | Kolb | Phillips | Whitmer |
| Daniels | Lemmons | Plakas | Williams |
| Dennis | Lipsey | Quarles | Woodward |
Frank
In The Chair: Julian
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anderson, Woodward, Lockwood, Jacobs, Reeves, Jamnick, Minore, Plakas, Schauer, Basham, Clark, Dennis, Williams, Kolb, Waters, Lipsey, Garza, Adamini, Phillips, Daniels and Hardman, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5644 (Consumer and Industry Services FY 2003 budget) because:
* I do not believe we should balance our budgets on the backs of local communities.
* Cutting fire protection grants in half when they are already underfunded is unconscionable.
* The state relies on local communities to protect our land and buildings in time of danger, and we should compensate those communities for their services, not use them to correct our structural deficit.
* During this time of heightened awareness for homeland security, I cannot in good conscience agree to such budget cuts.
I also voted no on this budget because:
* This state is facing a $480 million deficit for the current 2002 fiscal year and over $350 million for next fiscal year, 2003. As it stands right now, a number of revenues which contribute substantially to the state's General Fund are down a full ten percent from where they were a year ago.
* Unfortunately, the Governor and Republican Legislatures still cannot recommend actions to deal with the state's structural deficit. Until we receive a clearer indication on where our revenues are heading and how the Republican Legislative leadership intends to deal with the state's structural deficit, I cannot in good conscience vote to make cuts in essential programs."
Rep. Callahan, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
This state is broke. The Governor and the Republican Party (majority) have mis-managed and eroded the general fund and dedicated funds, department by department. They have ignored the warning signs of revenue forcasting conferences and held a hard line to give tax breaks to corporations at the expence of the public trust. They have continued to borrow funds and raise the debt level, mortgaging the future of the next generation. They have NO viable plan other than to raise the tax to people that smoke.The PEOPLE of this state have been handed a grave dis-service."
Messages from the Senate
The Speaker laid before the House
House Bill No. 4373, entitled
A bill to make, supplement, and adjust appropriations for capital outlay and certain state departments and agencies for the fiscal year ending September 30, 2002; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
(The bill was received from the Senate on June 19, with amendments to the House substitute (H-4), consideration of which, under the rules, was postponed until June 20, see House Journal No. 57, p. 2138.)
The question being on concurring in the amendments made to the House substitute (H-4) by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1023 Yeas--65
| Adamini | George | LaSata | Rocca |
| Allen | Gilbert | Lockwood | Schauer |
| Birkholz | Gosselin | Mead | Scranton |
| Bisbee | Hager | Meyer | Shackleton |
| Bishop | Hart | Middaugh | Sheltrown |
| Bovin | Howell | Mortimer | Shulman |
| Bradstreet | Hummel | Neumann | Stamas |
| Brown, C. | Jansen | Newell | Stewart |
| Brown, R. | Jelinek | Palmer | Tabor |
| Cassis | Johnson, Rick | Pappageorge | Toy |
| Caul | Johnson, Ruth | Patterson | Van Woerkom |
| DeRossett | Julian | Pestka | Vander Roest |
| DeVuyst | Koetje | Pumford | Vander Veen |
| DeWeese | Kooiman | Raczkowski | Vear |
| Drolet | Kowall | Richardville | Voorhees |
| Ehardt | Kuipers | Richner | Woronchak |
Faunce
Nays--37
| Anderson | Garza | Lipsey | Reeves |
| Basham | Gieleghem | Mans | Rivet |
| Bernero | Hale | McConico | Spade |
| Brown, B. | Hansen | Minore | Switalski |
| Callahan | Hardman | Murphy | Thomas |
| Clark, I. | Jacobs | O'Neil | Waters |
| Clarke, H. | Jamnick | Phillips | Whitmer |
| Daniels | Kolb | Plakas | Williams |
| Dennis | Lemmons | Quarles | Woodward |
Frank
In The Chair: Julian
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Callahan, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
This state is broke. The Governor and the Republican Party (majority) have mis-managed and eroded the general fund and dedicated funds, department by department. They have ignored the warning signs of revenue forcasting conferences and held a hard line to give tax breaks to corporations at the expence of the public trust. They have continued to borrow funds and raise the debt level, mortgaging the future of the next generation. They have NO viable plan other than to raise the tax to people that smoke.The PEOPLE of this state have been handed a grave dis-service."
Reps. Waters, Jamnick, Phillips, Anderson, Plakas, Clark, Dennis, Lipsey, Basham, Murphy, Reeves, Hardman and Williams, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 4373 (H-4) because:
This state is facing a $480 million deficit for the current 2002 fiscal year and over $350 million for next fiscal year, 2003. As it stands right now, a number of revenues which contribute substantially to the state's General Fund are down a full ten percent from where they were a year ago.
Unfortunately, the Governor and Republican Legislatures still cannot recommend actions to deal with the state's structural deficit. While I am aware that this bill contains funding for airport safety and protection, it also expends in excess of $290 million in federal unemployment funds in areas not related to assisting with the state's growing unemployment rate.
Until we receive a clearer indication on where our revenues are heading and how the Republican Legislative leadership intends to deal with the state's structural deficit, I cannot, in good conscience, vote to expend additional money when the working families of this state tightening their belts. At the very least, we should take their example."
Second Reading of Bills
Senate Bill No. 925, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending the title and sections 310, 310e, and 314 (MCL 257.310, 257.310e, and 257.314), the title as amended by 2000 PA 408, section 310 as amended by 2002 PA 126, section 310e as amended by 2000 PA 456, and section 314 as amended by 2000 PA 173.
The bill was read a second time.
Rep. Patterson moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 117, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Commerce (for amendment, see House Journal No. 53, p. 1865),
The amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Patterson moved to reconsider the vote by which the House did not adopt the amendment.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the amendment,
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Patterson moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 117, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 31 (MCL 208.31), as amended by 1999 PA 115.
The bill was read a third time.
The question being on the passage of the bill,
After debate,
Rep. Koetje demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1024 Yeas--56
| Allen | George | Kowall | Richner |
| Birkholz | Gilbert | Kuipers | Rocca |
| Bisbee | Gosselin | LaSata | Scranton |
| Bishop | Hager | Mead | Shackleton |
| Bradstreet | Hart | Meyer | Shulman |
| Brown, C. | Howell | Middaugh | Stamas |
| Cassis | Hummel | Mortimer | Stewart |
| Caul | Jansen | Newell | Tabor |
| DeRossett | Jelinek | Palmer | Toy |
| DeVuyst | Johnson, Rick | Pappageorge | Van Woerkom |
| DeWeese | Johnson, Ruth | Patterson | Vander Roest |
| Drolet | Julian | Pumford | Vander Veen |
| Ehardt | Koetje | Raczkowski | Vear |
| Faunce | Kooiman | Richardville | Voorhees |
Nays--44
| Adamini | Dennis | Lockwood | Reeves |
| Anderson | Frank | Mans | Rivet |
| Basham | Garza | McConico | Schauer |
| Bernero | Gieleghem | Minore | Sheltrown |
| Bovin | Hale | Murphy | Switalski |
| Brown, B. | Hansen | Neumann | Thomas |
| Brown, R. | Hardman | O'Neil | Waters |
| Callahan | Jacobs | Pestka | Whitmer |
| Clark, I. | Jamnick | Phillips | Williams |
| Clarke, H. | Kolb | Plakas | Woodward |
| Daniels | Lipsey | Quarles | Woronchak |
In The Chair: Julian
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,".
The House agreed to the full title.
Rep. Patterson moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Callahan, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House: This state is broke. The Governor and the Republican Party (majority) have mis-managed and eroded the general fund and dedicated funds, department by department. They have ignored the warning signs of revenue forcasting conferences and held a hard line to give tax breaks to corporations at the expence of the public trust. They have continued to borrow funds and raise the debt level, mortgaging the future of the next generation. Now they are wiping out the protective firewall of the budget stabilization fund. The people of this state have been handed a grave dis-service."
Reps. Clark, Lipsey, Williams, Waters, Reeves, Jacobs, Hale, Jamnick, Minore, Lockwood, Anderson, Jacobs, Hardman, Basham and Kolb, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on Senate Bill 117 because it senselessly jeopardizes Michigan's future. When the Legislature passed the Single Business Tax (SBT) phase out in 1999, Legislators understood that the economic boom of the nineties could not continue forever. Even the Michigan Chamber of Commerce agreed in August 1999 that the Budget Stabilization Fund (BSF) should be maintained at a level of at least $1 billion. Recognizing the impact ongoing tax cuts would have on our budget in poor economic times, the Legislature sensibly agreed that if the BSF were to fall below $250 million, the SBT reductions should be put on hold temporarily. Senate Bill 117 would eliminate even this minor safeguard protecting one of our primary revenue sources. Because I believe this bill is shortsighted and will mortgage Michigan's future to temporary political interests. I voted no on Senate Bill 117."
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Patterson moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5157.
(For first notice see House Journal No. 59, p. 2293.)
The question being on the motion made by Rep. Patterson,
Rep. Patterson moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Patterson moved that the Committee on Redistricting and Elections be discharged from further consideration of House Bill No. 5522.
(For first notice see House Journal No. 59, p. 2293.)
The question being on the motion made by Rep. Patterson,
Rep. Patterson moved that consideration of the motion be postponed for the day.
The motion prevailed.
______
Rep. Patterson moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Patterson moved that when the House adjourns today it stand adjourned until Wednesday, July 3, at 12:05 a.m.
The motion prevailed.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Criminal Justice from further consideration of House Bill No. 4645.
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Criminal Justice from further consideration of House Bill No. 4646.
Rep. Lemmons
______
Rep. Rivet moved that the House adjourn.
The motion prevailed, the time being 11:30 p.m.
Associate Speaker Pro Tempore Julian declared the House adjourned until Wednesday, July 3, at 12:05 a.m.
GARY L. RANDALL
Clerk of the House of Representatives.