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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following message from the Governor was received on July 7, 1997, and read:

 

 

 

 

Whereas, Article V, Section 1 of the Constitution of the State of Michigan of 1963 vests the executive power in the Governor; and

Whereas, Article V, Section 2 of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the executive branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

Whereas, Act No. 223 of the Public Acts of 1976, as amended, created the Crime Victims Compensation Board within the Department of Management and Budget; and

Whereas, Act No. 196 of 1989, as amended, created the Criminal Assessments Commission within the Department of Management and Budget; and

Whereas, Act No. 519 of 1996, being Sections 18.351 et seq. of the Michigan Compiled Laws, renamed the former Crime Victims Compensation Board as the Crime Victim Services Commission, which is the successor agency of the board in all respects and for all purposes; and

Whereas, Act No. 520 of 1996, being Sections 780.901 et seq. of the Michigan Compiled Laws, abolished the former Criminal Assessments Commission, and further transferred its powers, duties, and jurisdiction to the Crime Victim Services Commission; and

Whereas, management of the Crime Victim Services Commission will be enhanced with increased coordination of efforts, collaboration and communication with other criminal justice related agencies and divisions within the Department of Community Health; and

Whereas, the Crime Victim Services Commission is responsible for duties and functions closely related to the duties and functions of divisions within the Michigan Department of Community Health, including, but not limited to, the Office of Drug Control Policy and the Division of Violence, Injury and Surveillance; and

Whereas, the Department of Community Health has a role in determining the Medicaid eligibility of applicants, which is a prerequisite for processing a claim for reimbursement for necessary medical expenses under Act No. 519 of 1996 and its constitutional and statutory counterparts; and

Whereas, mental health services to children and families provided by the Department of Community Health will serve to assist the counseling needs of crime victims; and

Whereas, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

Now, therefore, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

1. All the statutory authority, powers, duties, functions and responsibilities of the Crime Victim Services Commission set forth in Act No. 519 and Act No. 520 of the Public Acts of 1996, as amended, are hereby transferred from the Department of Management and Budget to the Department of Community Health by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. The Department of Community Health shall administer the assigned functions in such ways as to promote efficient administration and make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

3. The Director of the Department of Management and Budget shall immediately initiate coordination with the Director of the Department of Community Health to facilitate the transfer and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, and other obligations to be resolved related to the Crime Victim Services Commission or its predecessor Commissions;

4. All records, personnel, property 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 transferred to the Department of Community Health by this Order are hereby transferred to the Department of Community Health.

5. The Department of Management and Budget shall determine and authorize the most efficient manner possible for handling the financial transactions and records related to this Order and the state's financial management system for the remainder of the fiscal year.

6. All rules, orders, contracts, declaratory rulings, agreements and other actions relating to the functions transferred to the Department of Community Health by this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or rescinded.

7. Any suit, action or other proceeding lawfully commenced by, against or before the Crime Victim Service Commission, or its predecessors, the Crime Victims Compensation Board or the Criminal Assessments Commission, shall not abate by reason of the taking effect of this Order.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Executive Order shall become effective sixty (60) days after filing.

The Executive Order was referred to the Committee on Government Operations.

 

 

Senator DeGrow moved that the order of Messages from the House be postponed temporarily.

The motion prevailed.

 

 

 

 

Senator DeGrow submitted the following:

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

Senate Bill No. 170, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the Michigan biologic products institute, the executive office, and the legislative branch for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1998; 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 Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:

GROSS APPROPRIATION $ 2,314,263,500

Total federal revenues 62,796,300

Total local revenues 3,847,300

Total private revenues 2,424,600

Total other state restricted revenues 1,644,931,200

State general fund/general purpose $ 471,535,900

GROSS APPROPRIATION $ 50,239,200

Total interdepartmental grants and intradepartmental transfers 7,526,700

ADJUSTED GROSS APPROPRIATION $ 42,712,500

Total federal revenues 6,347,400

Total local revenues 0

Total private revenues 1,065,300

Total other state restricted revenues 5,571,600

State general fund/general purpose $ 29,728,200

Attorney general $ 112,000

Unclassified positions 242,100

Attorney general operations--523.5 FTE positions 48,285,500

Prosecuting attorneys coordinating council--20.5 FTE positions 1,612,000

PACC - training project 300,000

GROSS APPROPRIATION $ 50,551,600

IDG from FIA 1,617,800

IDG from MDCIS - health services 590,000

IDG from MDCIS - liquor purchase revolving fund 681,900

IDG from MDCIS - public utility assessments 1,462,400

IDG from MDSP - Michigan justice training fund 300,000

IDG from MDOT - state aeronautics fund 116,400

IDG from MDOT - comprehensive transportation fund 120,600

IDG from MDOT - state trunkline fund 2,276,100

IDG from natural resources-game and fish fund 361,500

DAG, state administrative match grant/food stamps 953,000

DED-OPSE, student loan, federal lender allowance 272,400

DOL-ETA, unemployment insurance 1,231,300

DOL-OSHA, occupational safety and health 240,400

EPA, multiple grants 331,900

Federal funds 639,800

HHS-OS, state medicaid fraud control units 2,244,100

HHS, Medical assistance, medigrant 496,000

Private - accident fund company revenue 1,072,500

Antitrust enforcement collections 276,900

Auto repair facilities fees 169,100

Collections revenue 531,000

Corporate fees 55,900

Franchise fees 211,900

Low-level radioactive waste management fund 220,900

Michigan state housing development authority fees 425,900

Michigan underground storage tank financial assurance fund 141,000

Mobile home commission fees 162,300

Oil and gas privilege fee revenue 125,300

Prisoner reimbursement 266,600

Prosecuting attorneys training fees 236,800

Retirement funds 306,800

Second injury fund 845,800

Securities fees 55,900

Self-insurers security fund 140,900

Silicosis and dust disease fund 423,700

State building authority revenue 82,100

State hospital authority 277,800

State lottery fund 91,000

Utility consumers fund 432,100

Waterways fund. 72,700

Worker's compensation administrative revolving fund 116,100

State general fund/general purpose $ 29,875,000

Federal funds (61,500)

Private funds (7,200)

State restricted funds (96,900)

State general fund/general purpose $ (146,800)

GROSS APPROPRIATION $ 13,944,400

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 13,944,400

Total federal revenues 1,480,900

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 12,463,500

Commission (per diem $75.00) $ 16,200

Unclassified positions--5.0 FTE positions 314,000

Civil rights operations--184.0 FTE positions 14,252,600

GROSS APPROPRIATION $ 14,582,800

HUD grant 100,000

EEOC, state and local antidiscrimination agency contracts 1,380,900

State general fund/general purpose $ 13,101,900

State general fund/general purpose $ (638,400)

GROSS APPROPRIATION $ 28,458,400

Total interdepartmental grants and intradepartmental transfers 5,738,700

ADJUSTED GROSS APPROPRIATION $ 22,719,700

Total federal revenues 1,582,600

Total local revenues 927,700

Total private revenues 0

Total other state restricted revenues 7,058,600

State general fund/general purpose $ 13,150,800

IDG training charges 1,181,800

IDG-1% special funds 4,556,900

Federal funds 1% 1,582,600

Local funds 1% 927,700

Data services revenue 13,100

Freedom of information fees 1,100

State restricted funds 1% 7,044,400

State general fund/general purpose $ 13,258,800

State general fund/general purpose $ (108,000)

GROSS APPROPRIATION $ 5,073,400

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 5,073,400

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 5,073,400

EXECUTIVE OFFICE

Governor $ 127,100

Lieutenant governor 93,800

Executive office--75.0 FTE positions 4,187,300

Unclassified positions--8.0 FTE positions 665,200

GROSS APPROPRIATION $ 5,073,400

State general fund/general purpose $ 5,073,400

GROSS APPROPRIATION $ 13,339,300

Total interdepartmental grants and intradepartmental transfers 1,362,900

ADJUSTED GROSS APPROPRIATION $ 11,976,400

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 540,100

State general fund/general purpose $ 11,436,300

Legislative auditor general $ 98,600

Unclassified positions 111,900

Field operations 13,128,800

GROSS APPROPRIATION $ 13,339,300

IDG from MDCIS-liquor purchase revolving fund 78,200

IDG from MDOT-comprehensive transportation fund 36,100

IDG from MDOT-Michigan transportation fund 162,500

IDG from MDOT-state aeronautics fund 15,700

IDG from MDOT-state trunkline fund 341,000

IDG from MDNR-game and fish protection fund 18,500

IDG from MDCS 74,400

IDG-single audit act 636,500

Construction lien fund 4,600

Contract audit administration fees 46,000

Correctional industries revolving fund 33,100

Marine safety fund 1,500

Michigan higher education assistance authority 34,500

Michigan higher education authority-student loans 67,000

Michigan state fair revolving fund 41,600

Michigan state housing development authority fees 40,000

Michigan veterans trust fund 14,100

Motor transport revolving fund 24,800

Office services revolving fund 33,200

Retirement funds 70,000

State building authority 40,000

State employees' deferred compensation 59,000

State employees' group insurance 26,200

Waterways fund 4,500

State general fund/general purpose $ 11,436,300

GROSS APPROPRIATION $ 91,556,500

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 91,556,500

Total federal revenues 0

Total local revenues 0

Total private revenues 400,000

Total other state restricted revenues 1,041,800

State general fund/general purpose $ 90,114,700

Senate $ 24,492,300

Senate automated data processing 1,444,300

Senate fiscal agency 3,134,700

House of representatives 36,204,000

House automated data processing 1,979,500

House fiscal agency 3,021,300

GROSS APPROPRIATION $ 70,276,100

State general fund/general purpose $ 70,276,100

Legislative council $ 10,354,700

Legislative service bureau automated data processing 1,222,300

Legislative session integration system 2,178,000

Legislative corrections ombudsman 325,000

Worker's compensation 125,000

National association dues 374,400

GROSS APPROPRIATION $ 14,579,400

Private - gifts and bequests revenues 400,000

State general fund/general purpose $ 14,179,400

Actuarial requirement $ 2,030,700

General nonretirement expenses 1,720,900

GROSS APPROPRIATION $ 3,751,600

Court fees 1,041,800

State general fund/general purpose $ 2,709,800

Capitol building $ 1,820,000

Roosevelt building 564,700

Farnum building 564,700

GROSS APPROPRIATION $ 2,949,400

State general fund/general purpose $ 2,949,400

GROSS APPROPRIATION $ 35,867,700

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 35,867,700

Total federal revenues 4,109,800

Total local revenues 0

Total private revenues 75,000

Total other state restricted revenues 86,900

State general fund/general purpose $ 31,596,000

Operations--140.0 FTE positions $ 9,899,500

Library automation 1,036,600

Collected gifts and fees 161,900

Book distribution centers 285,000

State aid to libraries 13,519,600

Grant to the Detroit public library 5,871,600

Grand Rapids public library 406,400

Subregional state aid 251,800

Wayne county library for the blind and physically handicapped 49,200

Library services and construction act 4,109,800

Renaissance zone reimbursement 276,300

GROSS APPROPRIATION $ 35,867,700

Library services and construction act 4,109,800

Private - gifts and bequests revenues 75,000

User fees 86,900

State general fund/general purpose $ 31,596,000

GROSS APPROPRIATION $ 145,327,500

Total interdepartmental grants and intradepartmental transfers 53,734,100

ADJUSTED GROSS APPROPRIATION $ 91,593,400

Total federal revenues 9,295,400

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 38,198,800

State general fund/general purpose $ 44,099,200

Unclassified positions--6.0 FTE positions $ 410,700

Departmentwide services--64.0 FTE positions 12,445,500

Statewide administrative services--270.5 FTE positions 23,500,500

Statewide support services--408.5 FTE positions 45,108,600

Michigan administrative information network--110.0 FTE positions 24,390,600

GROSS APPROPRIATION $ 105,855,900

IDG from MDOT - Michigan transportation fund 336,800

IDG from MDOT - state aeronautics fund 28,900

IDG from MDOT - comprehensive transportation fund 39,000

IDG from MDOT - state trunkline fund 693,900

IDG from building occupancy and parking charges 43,864,800

IDG from MJC 100,000

IDG from DNR - game and fish protection fund 127,100

IDG from MDCS 3,604,200

IDG from community health 235,000

IDG from user fees 3,423,400

Federal - MESC, administration fund 590,300

Federal funds 34,300

Marine safety fund 32,800

MAIN user charges 3,684,800

Special revenue, internal service, and pension trust funds 4,783,000

State building authority revenue 289,300

State lottery fund 15,600

Waterways fund 17,100

State sponsored group insurance, flexible spending accounts and COBRA 3,542,800

State general fund/general purpose $ 40,412,800

Professional development fund - MPES $ 90,000

Professional development fund - UAW 900,000

Professional development fund - local 31-M 25,000

Professional development fund - MSC 150,000

Professional development fund - nonexclusively represented employees 116,000

GROSS APPROPRIATION $ 1,281,000

IDG from employer contributions 1,281,000

State general fund/general purpose $ 0

Building occupancy charges-property management services for

executive/legislative building occupancy $ 2,558,800

Grants administration services--9.0 FTE positions 593,600

Retirement services--148.0 FTE positions 20,707,100

Office of childrens ombudsman--14.0 FTE positions 1,157,100

GROSS APPROPRIATION $ 25,016,600

Federal funds 70,800

Pension trust funds 20,707,100

Victims services fund 51,700

State general fund/general purpose $ 4,187,000

Justice assistance grants $ 7,900,000

Crime victims rights services grants 5,774,600

GROSS APPROPRIATION $ 13,674,600

Federal funds 8,600,000

Victims services fund 5,074,600

State general fund/general purpose $ 0

State general fund/general purpose $ (500,600)

GROSS APPROPRIATION $ 165,570,800

Total interdepartmental grants and intradepartmental transfers 44,808,700

ADJUSTED GROSS APPROPRIATION $ 120,762,100

Total federal revenues 945,000

Total local revenues 0

Total private revenues 884,300

Total other state restricted revenues 58,343,000

State general fund/general purpose $ 60,589,800

Secretary of state $ 112,000

Unclassified positions--5.0 FTE positions 419,000

Operations--24.2 FTE positions 2,024,600

GROSS APPROPRIATION $ 2,555,600

IDG from MDOT - Michigan transportation fund 391,700

Auto repair facilities fees 50,100

Driver fees 111,400

Expedient service fees 22,600

Look-up fees 563,400

Parking ticket court fines 6,500

Personal identification card fees 10,000

Reinstatement fees-operator licenses 90,400

Vehicle theft prevention fees 28,800

State general fund/general purpose $ 1,280,700

Operations--134.3 FTE positions $ 13,767,200

Auto regulation--114.5 FTE positions 6,960,900

Data processing--99.0 FTE positions 18,793,900

Assigned claims assessments--8.0 FTE positions 579,700

GROSS APPROPRIATION $ 40,101,700

IDG from MDOT - Michigan transportation fund 9,821,400

Administrative order processing fee 10,300

Auto repair facilities fees 4,069,000

Assigned claims assessments 579,700

Child support clearance fees 43,900

Driver fees 1,118,600

Expedient service fees 634,300

Look-up fees 8,221,700

Marine safety fund 61,100

Off-road vehicle title fees 6,500

Parking ticket court fines 115,400

Personal identification card fees 87,600

Reinstatement fees - operator licenses 815,800

Scrap tire fund 56,100

Snowmobile registration fee revenue 14,700

Vehicle theft prevention fees 1,509,100

State general fund/general purpose $ 12,936,500

IDG from MDOT - Michigan transportation fund 1,766,600

Auto repair facilities fees 56,100

Driver fees 508,200

Expedient service fees 25,300

Look-up fees 2,097,000

Parking ticket court fines 7,000

Personal identification card fees 34,500

Reinstatement fees - operator licenses 461,000

Vehicle theft prevention fees 32,300

State general fund/general purpose $ 1,561,100

Branch operations--1,033.1 FTE positions $ 59,263,800

Central records--403.0 FTE positions 24,480,300

Motor carrier services--19.0 FTE positions 1,028,600

Commemorative license plates--16.9 FTE positions 9,282,000

Specialty license plates 2,215,000

Olympic center plate 75,700

GROSS APPROPRIATION $ 96,345,400

IDG from MDOT - Michigan transportation fund 30,278,000

Auto repair facilities fees 71,500

Child support clearance fees 316,000

Commercial driver training school fees 25,100

Driver fees 10,202,200

Expedient service fees 1,485,000

Look-up fees 13,999,400

Marine safety fund 859,300

Mobile home commission fees 356,600

Motorcycle safety fund 113,000

Olympic center training fund 75,700

Off-road vehicle title fees 92,100

Parking ticket court fines 1,257,800

Personal identification card fees 1,155,000

Reinstatement fees - operator licenses 1,761,500

Snowmobile annual permit fee revenue 126,100

Snowmobile registration fee revenue 211,800

Vehicle theft prevention fees 161,300

State general fund/general purpose $ 33,798,000

Election administration and services--29.5 FTE positions $ 2,136,800

Fees to local units 69,800

Office of policy and planning--25.0 FTE positions 1,800,900

Qualified voter file 1,073,400

GROSS APPROPRIATION $ 5,080,900

IDG from MDOT - Michigan transportation fund 461,500

Auto repair facilities fees 27,300

Driver fees 27,000

Expedient service fees 12,400

Look-up fees 545,100

Parking ticket court fines 3,100

Personal identification card fees 5,300

Reinstatement fees - operator licenses 15,600

Vehicle theft prevention fees 15,700

State general fund/general purpose $ 3,967,900

Historical administration and services--65.5 FTE positions $ 4,080,100

Federal programs--9.6 FTE positions 945,000

Heritage publications 700,000

Mann house--0.5 FTE position 50,000

Private grants and gifts 834,300

GROSS APPROPRIATION $ 6,609,400

DOI-NPS, historic preservation grants-in-aid 750,000

Federal institute of museum services 50,000

Federal DOI-NHPRC 70,000

DOC-NOAA coastal zone management administration 75,000

Private - grants and gifts 834,300

Private - Mann house trust fund 50,000

Heritage publication fund 700,000

State general fund/general purpose $ 4,080,100

Building occupancy charges - property management services $ 1,449,500

Private rent 6,351,000

Worker's compensation 692,800

GROSS APPROPRIATION $ 8,493,300

IDG from MDOT - Michigan transportation fund 2,089,500

Auto repair facilities fees 171,500

Driver fees 527,500

Expedient service fees 15,700

Look-up fees 1,990,300

Parking ticket court fines 568,700

State general fund/general purpose $ 3,130,100

State general fund/general purpose $ (164,600)

GROSS APPROPRIATION $ 1,764,886,300

Total interdepartmental grants and intradepartmental transfers 15,557,100

ADJUSTED GROSS APPROPRIATION $ 1,749,329,200

Total federal revenues 39,035,200

Total local revenues 2,919,600

Total private revenues 0

Total other state restricted revenues 1,534,090,400

State general fund/general purpose $ 173,284,000

Unclassified positions--9.0 FTE positions $ 612,300

Multistate tax commission dues 111,700

Office of the director--4.0 FTE positions 369,100

GROSS APPROPRIATION $ 1,093,100

IDG from MDOT - Michigan transportation fund 69,700

State lottery fund 83,400

State general fund/general purpose $ 940,000

Rent $ 570,400

Travel 1,805,400

Building occupancy charges-property management services 2,344,700

Worker's compensation insurance premium 396,000

GROSS APPROPRIATION $ 5,116,500

IDG from MDOT - Michigan transportation fund 334,600

IDG from MDOT - state aeronautics fund 2,700

IDG - state agency collection fees 17,900

Local - audit charges 80,600

Local - equalization study charge-backs 16,300

Delinquent property tax administration fund 127,000

Delinquent tax collection revenue 2,768,000

Municipal finance fees 11,200

Treasury fees 18,900

Waterways fund 2,300

State general fund/general purpose $ 1,737,000

Supervision of the general property tax law--55.0 FTE positions $ 4,205,200

Property tax assessor training--4.0 FTE positions 335,600

Local property tax services--14.5 FTE positions 1,457,000

Local finance--29.5 FTE positions 1,822,900

State audits of counties 60,000

Pari-mutuel audits 240,000

GROSS APPROPRIATION $ 8,120,700

Local - assessor training fees 335,600

Local - audit charges 987,200

Local - equalization study charge-backs 199,900

Local - revenue from local government 600,000

Delinquent property tax administration fund 1,417,400

Municipal finance fees 223,700

State general fund/general purpose $ 4,356,900

Administration--245.0 FTE positions $ 17,449,500

Enforcement--684.5 FTE positions 41,449,100

Home heating assistance 1,600,000

Senior prescription drug credit processing 182,500

Michigan underground storage tank assurance fund--4.0 FTE positions 191,400

Wage match verification reporting 1,545,000

Joint federal/state motor fuel compliance project 100,000

Bottle bill implementation 250,000

Tobacco tax collection--4.0 FTE positions 200,000

ESKORT tax audit system 3,700,000

GROSS APPROPRIATION $ 66,667,500

IDG from MDOT - Michigan transportation fund 4,791,600

IDG from MDOT - state aeronautics fund 36,500

IDG from FIA 1,545,000

IDG from MDCH 200,000

IDG - state agency collection fees 285,200

IDG - data/collection services fees 250,000

IDG - warrant/lien processing fees 1,415,500

HHS-SSA, low-income energy assistance 1,600,000

DOT-FHA, intermodal surface transportation efficiency act 100,000

Bottle deposit fund 250,000

Delinquent tax collection revenue 42,752,500

Escheats revenue 297,300

Michigan pharmaceutical 182,500

Michigan underground storage tank financial assurance revenue 191,400

Waterways fund 48,100

State general fund/general purpose $ 12,721,900

Information technology services--180.0 FTE positions 11,528,100

Receipt, warrant, and cash processing 3,736,300

Fiscal agent--3.0 FTE positions 131,200

Child support order offsets--8.0 FTE positions 480,800

GROSS APPROPRIATION $ 25,908,000

IDG from MDOT - Michigan transportation fund 1,650,500

IDG from MDOT - state aeronautics fund 16,400

IDG receipt, warrant, and cash processing fees 3,736,300

IDG - state agency collection fees 131,300

IDG - FIA title IV D 451,200

IDG - fiscal agent service fees 131,200

IDG - user services 491,500

Children's trust fund 6,500

Delinquent property tax administration fund 17,500

Delinquent tax collection revenue 4,524,300

Garnishment fees 344,500

Treasury fees 145,200

Waterways fund 17,400

State general fund/general purpose $ 14,244,200

Retirement investments--87.5 FTE positions $ 8,199,900

Deferred compensation--18.5 FTE positions 2,735,900

Common cash investments and debt management--10.5 FTE positions 752,800

DED-OPSE, federal lenders allowance 11,348,600

DED-OPSE, higher education act of 1965, insured loans 25,986,600

School bond fees 318,200

Deferred compensation 2,735,900

Retirement funds 7,999,900

College work study 46,000

MI-CASHE fees 355,000

Treasury fees 261,100

State general fund/general purpose $ 1,606,700

Water pollution control bond and interest redemption $ 5,145,000

School bond loan 31,060,000

Quality of life bond 69,437,600

GROSS APPROPRIATION $ 105,642,600

Local - school bond loan repayments by school districts 700,000

State general fund/general purpose $ 104,942,600

Grants to counties in lieu of taxes $ 50,000

Convention facility development distribution 34,000,000

Michigan education trust fund challenge grants 50,000

Senior citizen cooperative housing tax exemption program 12,190,600

Constitutional state general revenue sharing grants 565,500,000

Statutory state general revenue sharing grants 802,900,000

Special census revenue sharing payments 5,000,000

Health and safety fund grants 23,175,000

Tax increment finance authority payments 6,000,000

City of Benton Harbor - enterprise zone 298,400

Grants to locals for community policing 10,000,000

GROSS APPROPRIATION $ 1,459,164,000

Convention facility development fund 34,000,000

Sales tax 1,368,400,000

Health and safety fund 23,175,000

State general fund/general purpose $ 33,589,000

Lottery operations--164.0 FTE positions $ 11,607,700

Promotion and advertising 17,172,000

Multi-state lottery contingency 2,400,000

Lottery data processing--38.0 FTE positions 4,860,500

Property management 830,000

GROSS APPROPRIATION $ 36,870,200

State lottery fund 36,870,200

State general fund/general purpose $ 0

Michigan gaming control board $ 500,000

Casino gaming control administration 6,000,000

GROSS APPROPRIATION $ 6,500,000

State casino gaming fund 6,500,000

State general fund/general purpose $ 0

State general fund/general purpose $ (854,300)".

(2) In addition to the funds appropriated in section 101, 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.

(3) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. 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 section 101, 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.".

(2) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in section 101, 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 section 101, 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. 605. Upon request of the state treasurer, the auditor general may temporarily assign staff to the department of treasury for the purpose of auditing local road authorities.

Sec. 606. The department of treasury and the legislative auditor general may conduct performance audits and make investigations of the disposition of all state funds received by county road commissions or county boards of commissioners, as applicable, and cities and villages for transportation purposes to determine compliance with the terms and conditions of 1951 PA 51, MCL 247.651 to 247.675. County road commissions or county boards of commissioners, as applicable, and cities and villages shall make available to the legislative auditor general and the department of treasury the pertinent records for the audit.".

(2) In addition to the funds appropriated in section 101, 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 section 101, there is appropriated an amount not to exceed $3,000.00 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 section 101, there is appropriated an amount not to exceed $3,000.00 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.".

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(c) The name of the vendor.

(d) The type of service to be provided.

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

(a) The total dollar amount of the contract.

(b) The duration of the contract.

(c) The name of the vendor.

(d) The type of service to be provided.

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

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

Sec. 719. If a department enters into a personal service contract with any temporary service agency or similar contractor that hires or subcontracts with a person who retired from employment in the department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f, the retired state employee shall be limited to 500 hours for professional, technical, or clerical services and 250 hours for management services. This provision only applies during a 24-month period after the date of retirement. This section applies to each principal executive department and agency.".

(2) In addition to the funds appropriated in section 101, 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 section 101, there is appropriated an amount not to exceed $44,000.00 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 section 101, there is appropriated an amount not to exceed $44,000.00 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.".

(2) In addition to the funds appropriated in section 101, 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 section 101, 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 section 101, 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. 958a. Local units of government which receive revenue sharing funds and which distribute property tax statements and/or income tax forms shall not visibly include, as part of the property tax statements or income tax forms external address, the social security number of the recipient and/or recipients.".

(2) The department shall not award grants for more than 1,666 community policing officers.

(3) If a local law enforcement agency receives federal community oriented policing services grant funding for community oriented police officer hiring, and that law enforcement agency has an ongoing community policing program functioning in that law enforcement agency, reimbursement of the grant matching money under this section for additional community police officers shall receive priority.

(4) In order to use state funds under this section to match federal funds, local units shall receive prior approval of the state grant funds from the department of treasury.

(5) Once agencies receive community oriented policing services grant funding, and additional individuals are hired, they shall receive training for community policing through a Michigan law enforcement officers' training council approved program.

(6) A local law enforcement agency receiving community oriented policing services grant funding under this section shall not reassign the officers hired under this section during the period covered by the grant.

(7) If a federal community oriented policing services grants audit shows that community oriented policing services grant funding was not used as prescribed, the local law enforcement agency shall reimburse the state for the amount misused.

(8) The unexpended portions of the appropriations in section 101 for grants to local units for community policing shall be considered work project appropriations and any unencumbered funding shall not lapse and shall be available in the succeeding fiscal year.".

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

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the Michigan biologic products institute, the executive office, and the legislative branch for the fiscal year ending September 30, 1998; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1998; 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.

 

Pending the order that, under joint rule 9, the conference report be laid over one day,

Senator DeGrow moved that the rule be suspended.

The motion prevailed.

The question being on the adoption of the conference report,

 

 

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

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

 

 

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

 

During the recess, Senators Dunaskiss, Bouchard, Posthumus and O'Brien entered the Senate Chamber.

 

 

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

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

 

 

 

 

Senator DeGrow moved that the Senate recess until 2:00 p.m.

The motion prevailed, the time being 10:23 a.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schwarz.

 

During the recess, Senators Bullard, Cisky, Hoffman and McManus entered the Senate Chamber.

 

 

 

 

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

The motion prevailed, the time being 2:01 p.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schwarz.

 

During the recess, Senator Miller entered the Senate Chamber.

 

 

 

 

Senator DeGrow moved that the Senate recess until 3:00 p.m.

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

 

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schwarz.

 

 

Senators Gougeon, Van Regenmorter, Bouchard and Geake asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Gougeon's statement is as follows:

Mr. President and members of the Senate, today is presumably the last day that we will be in session for one of our staff members, Anne Boomer, who has worked so very, very hard as legislative counsel for the Families, Mental Health and Human Services Committee.

We want to take the opportunity today, on behalf of all the members and staff here--and everybody who's worked with Anne--to thank her for all her dedicated service not only to my committee, but to the Judiciary Committee as well. We will miss Anne as she and her husband move to Germany.

Anne, it's with sadness that we say goodbye to you as a member of our committee and staff here. We will definitely miss your good work and I, personally, will miss your good work. We just hope that your trip to Germany is fruitful and wish you all the best in the future.

 

Senator Van Regenmorter's statement is as follows:

I want to echo what Senator Gougeon said about Anne Boomer. She also served the Senate Judiciary Committee, served it well and served it nobly. Her expertise, particularly in corrections matters, but in all matters related to the Judiciary Committee activities has been of inestimable assistance. I am going to miss her as she moves a long way away across the ocean to Germany.

We tried to put her into some sort of a category. She is an outstanding attorney. She has a great sense of decorum and I think she exhibits a lot of wisdom. So we have decided to call her "Ben Matlock" and she's been banned in the Judiciary Committee for her duration there. But I want to emphasize that it's because of her legal skills and her great wisdom and it is not because of the color of her hair.

 

Senator Bouchard's statement is as follows:

I would just like the opportunity to echo the things that have been mentioned recently about Anne. She's truly a star and will be missed. I enjoyed working with her a great deal on the committee that I have been involved in as the vice chair of the Families, Mental Health and Human Services Committee.

We have had the opportunity to sit side by side and talk about a lot of issues. She's the kind of person who smiles under stress and works through long and difficult hours and still provides you with levelheaded advice needed during difficult times. That kind of patience and that kind of reliability under stress is sometimes easy to take for granted until it's gone. She's one of the ones I will certainly miss.

I wanted to make sure she knew that before she left. I tried to figure out a way to lock the doors and keep her here. I don't think, unfortunately, that will work, but whoever has the opportunity to work with her in the future will be blessed.

 

Senator Geake's statement is as follows:

As a member of both the Judiciary Committee and the Families, Mental Health and Human Services Committee, I've had the privilege of working with Anne Boomer now for quite some time on a number of very intricate and complicated issues. She is very knowledgeable, always very gracious and puts up with the idiosyncrasies of us legislators with grace and goodwill. Anne is just a fantastic person and we are all going to miss her very much.

 

 

 

 

Senator Van Regenmorter moved that the Senate recess until 3:30 p.m.

The motion prevailed, the time being 3:06 p.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schwarz.

 

 

 

 

Senator Van Regenmorter moved that the Senate recess until 4:15 p.m.

The motion prevailed, the time being 3:31 p.m.

 

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schwarz.

 

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

 

 

Senator DeGrow submitted the following:

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

Senate Bill No. 171, entitled

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

Recommends:

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

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

GROSS APPROPRIATION $ 207,428,400

Total interdepartmental grants and intradepartmental transfers 2,886,700

ADJUSTED GROSS APPROPRIATION $ 204,541,700

Total federal revenues 889,300

Total local revenues 1,869,200

Total private revenues 1,115,500

Total other state restricted revenues 49,152,000

State general fund/general purpose $ 151,515,700

Supreme court administration--136.0 FTE positions $ 15,217,400

State court administrative office--80.0 FTE positions 8,614,800

Judicial information systems--21.0 FTE positions 2,576,800

Direct trial court automation support--23.0 FTE positions 1,869,200

Foster care review board--12.0 FTE positions 1,155,400

Community dispute resolution--4.0 FTE positions 2,038,700

GROSS APPROPRIATION $ 31,472,300

IDG from state police - Michigan justice training fund 80,300

IDG from state police - criminal justice improvement 1,435,000

IDG from FIA-title IV-D child support program 342,200

IDG from FIA-title IV-E foster care program 773,200

Federal highway safety planning revenue 70,000

HHS - court improvement project 439,300

DAG - agriculture mediation grant 320,000

Federal - special ed. grant 60,000

Local - user fees 1,869,200

Private 418,000

Private - interest on lawyers trust accounts 667,500

Private - state justice institute 30,000

State court fund 302,300

Community dispute resolution fees 1,628,700

Law exam fees 387,300

Miscellaneous restricted 201,000

State general fund/general purpose $ 22,448,300

Court of appeals operations--223.5 FTE positions $ 17,784,300

Delay reduction--22.0 FTE positions 1,500,000

GROSS APPROPRIATION $ 19,284,300

Court filing/motion fees 1,514,700

Miscellaneous revenue 75,000

State general fund/general purpose $ 17,694,600

Supreme court justices--7.0 judges $ 868,100

Court of appeals judges--28.0 judges 3,208,600

District court judges state base salaries--259.0 judges 15,283,100

District court judicial salary standardization 11,842,500

Probate court judges state base salaries--107.0 judges 6,078,200

Probate court judicial salary standardization 4,332,800

Circuit court judges state base salaries--210.0 judges 13,715,900

Circuit court judicial salary standardization 9,228,000

Grant to the OASI contribution fund, employers share, social security 3,518,100

GROSS APPROPRIATION $ 68,075,300

Court fee fund 5,300,000

State general fund/general purpose $ 62,775,300

Judicial tenure commission--10.0 FTE positions $ 920,600

Grant to the legislative council for trial court assessment commission 279,900

GROSS APPROPRIATION $ 1,200,500

State general fund/general purpose $ 1,200,500

Appellate public defender program--61.5 FTE positions $ 5,141,700

Appellate assigned counsel administration--8.0 FTE positions 789,900

GROSS APPROPRIATION $ 5,931,600

IDG from state police - Michigan justice training fund 256,000

Miscellaneous revenue 75,000

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

State court fund 6,026,000

State general fund/general purpose $ 0

Court equity fund reimbursements $ 57,538,400

Hold harmless fund reimbursements 16,000,000

GROSS APPROPRIATION $ 73,538,400

Court equity fund 31,742,000

State general fund/general purpose $ 41,796,400

Drunk driving caseflow program $ 1,800,000

Drug caseflow program 100,000

GROSS APPROPRIATION $ 1,900,000

Drunk driving fund 1,800,000

Drug fund 100,000

State general fund/general purpose $ 0".

(2) The chief justice shall strongly encourage firms with which the courts of this state contract to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both.".

(2) From funds appropriated in section 101, the direct trial court automation support program of the state court administrative office shall provide to the senate and house appropriations committees and the senate and house fiscal agencies before January 1 of each year, a detailed list of user service charges collected during the immediately preceding state fiscal year.".

Sec. 309. The state supreme court and the state court administrative office shall consider and analyze the various methods of providing necessary travel for judges, and shall then adopt as policy for all judicial agencies the most efficient and cost-effective method.".

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

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

Sec. 312. (1) From the appropriation in section 101 for supreme court administration, $190,000.00 is appropriated for changing computer software and hardware to perform properly in the year 2000 and beyond.

(2) The supreme court shall report quarterly to the general government and judiciary subcommittees of the senate and house appropriations committees, the house and senate standing committees having jurisdiction over technology issues, and to the senate and house fiscal agencies, the year-to-date expenditures for implementing this section.".

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

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

 

Pending the order that, under joint rule 9, the conference report be laid over one day,

Senator DeGrow moved that the rule be suspended.

The motion prevailed.

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4219, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1201, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1214, 1217, and 1218 (MCL 339.1201, 339.1204, 339.1205, 339.1206, 339.1207, 339.1208, 339.1209, 339.1210, 339.1211, 339.1214, 339.1217, and 339.1218), sections 1204, 1205, 1207, 1208, 1209, 1211, and 1214 as amended by 1988 PA 463, and by adding sections 1203a, 1203b, and 1210a; and to repeal acts and parts of acts.

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

The Conference Report was read as follows:

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

House Bill No. 4219, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 1201, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1214, 1217, and 1218 (MCL 339.1201, 339.1204, 339.1205, 339.1206, 339.1207, 339.1208, 339.1209, 339.1210, 339.1211, 339.1214, 339.1217, and 339.1218), sections 1204, 1205, 1207, 1208, 1209, 1211, and 1214 as amended by 1988 PA 463, and by adding sections 1203a, 1203b, and 1210a; and to repeal acts and parts of acts.

Recommends:

First: That the House recede from its amendments numbered 1, 2, 8, and 12, which read as follows:

Second: That the Senate agree to House amendments numbered 4, 5, 6, 7, 9, 10, 11, 13, 14, 15, 16, 17, and 18, which read as follows:

Third: That the House and Senate agree to the House amendments numbered 3 and 19, amended to read as follows:

(A) IF AN EXAMINATION IS AVAILABLE, HAS PASSED AN EXAMINATION PRESCRIBED BY THE DEPARTMENT AND THE BOARD. IN LIEU OF AN EXAMINATION BEING AVAILABLE, THE DEPARTMENT SHALL EVALUATE THE EXPERIENCE OF AN APPLICANT, WHICH EXPERIENCE SHALL INCLUDE AT LEAST 6 MONTHS OF FIELD PRACTICE OR EXPERIENCE.

(B) IS AT LEAST 17 YEARS OF AGE.

(C) IS OF GOOD MORAL CHARACTER.

(D) HAS AN EDUCATION EQUIVALENT TO THE COMPLETION OF THE NINTH GRADE.

(E) HAS TRAINING EITHER OF AT LEAST 400 HOURS EXTENDING OVER A PERIOD OF AT LEAST 3 MONTHS IN A SCHOOL OF COSMETOLOGY APPROVED BY THE DEPARTMENT WHERE SERVICES RELATING TO NATURAL HAIR CULTIVATION ARE RENDERED OR HAS SERVED AT LEAST 6 MONTHS AS AN APPRENTICE IN A LICENSED COSMETOLOGY ESTABLISHMENT IN WHICH NATURAL HAIR CULTIVATION IS PRACTICED.

(2) UNTIL DECEMBER 31, 1999, THE DEPARTMENT SHALL ISSUE A LICENSE TO PRACTICE NATURAL HAIR CULTIVATION TO AN INDIVIDUAL WHO FULFILLS ALL OF THE FOLLOWING:

(A) IF AN EXAMINATION IS AVAILABLE, HAS PASSED AN EXAMINATION PRESCRIBED BY THE BOARD AND THE DEPARTMENT. IN LIEU OF AN EXAMINATION BEING AVAILABLE, THE DEPARTMENT SHALL EVALUATE THE EXPERIENCE OF AN APPLICANT, WHICH EXPERIENCE SHALL INCLUDE AT LEAST 6 MONTHS OF FIELD PRACTICE OR EXPERIENCE.

(B) IS AT LEAST 17 YEARS OF AGE.

(C) IS OF GOOD MORAL CHARACTER.

(D) HAS AN EDUCATION EQUIVALENT TO THE COMPLETION OF THE NINTH GRADE.

(3) NOTWITHSTANDING ANY OTHER PROVISION IN THIS ARTICLE, AN INDIVIDUAL MAY ENGAGE IN NATURAL HAIR CULTIVATION FOR COMPENSATION AND MAY OPERATE AN ESTABLISHMENT WHERE NATURAL HAIR CULTIVATION ONLY IS PRACTICED WITHOUT HAVING FIRST OBTAINED AN INDIVIDUAL OR ESTABLISHMENT LICENSE UNDER THIS ARTICLE.".

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

A bill to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 1201, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1214, 1217, and 1218 (MCL 339.1201, 339.1204, 339.1205, 339.1206, 339.1207, 339.1208, 339.1209, 339.1210, 339.1211, 339.1214, 339.1217, and 339.1218), sections 1204, 1205, 1207, 1208, 1209, 1211, and 1214 as amended by 1988 PA 463, and by adding sections 1203a, 1203b, and 1210a; and to repeal acts and parts of acts.

 

Pending the order that, under joint rule 9, the conference report be laid over one day,

Senator DeGrow moved that the rule be suspended.

The motion prevailed.

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator V. Smith moved that Senator Cherry be temporarily excused from the balance of today's session.

The motion prevailed.

 

Senator Cherry entered the Senate Chamber.

House Bill No. 4220, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 25 (MCL 338.2225), as amended by 1988 PA 461.

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

The Conference Report was read as follows:

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

House Bill No. 4220, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 25 (MCL 338.2225), as amended by 1988 PA 461.

Recommends:

First: That the Senate agree to House amendments numbered 1 through 4, which read as follows:

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

A bill to amend 1979 PA 152, entitled "An act to provide for the establishment and collection of fees for the regulation of certain occupations and professions, and for certain agencies and businesses; to create certain funds; and to prescribe certain powers and duties of certain state agencies and departments," by amending section 25 (MCL 338.2225), as amended by 1988 PA 461.

 

Pending the order that, under joint rule 9, the conference report be laid over one day,

Senator DeGrow moved that the rule be suspended.

The motion prevailed.

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

House Bill No. 4306, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1998, and to make certain appropriations for those purposes and adjust certain appropriations for those purposes for the fiscal year ending September 30, 1997; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

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

The Conference Report was read as follows:

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

House Bill No. 4306, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1998, and to make certain appropriations for those purposes and adjust certain appropriations for those purposes for the fiscal year ending September 30, 1997; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

Recommends:

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

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

GROSS APPROPRIATION $ 7,308,149,400

Total federal revenues 3,471,537,000

Total local revenues 906,475,100

Total private revenues 41,404,800

Total other state restricted revenues 322,262,100

State general fund/general purpose $ 2,485,070,000

Community health advisory council $ 28,900

Director and other unclassified--7.0 FTE positions 524,500

Department-wide reorganization savings--(46.0) FTE positions (2,604,900)

GROSS APPROPRIATION $ (2,051,500)

Total federal revenues (1,358,900)

State general fund/general purpose $ (692,600)

Departmental administration and management--276.0 FTE positions $ 26,109,600

Revenue recapture 750,000

GROSS APPROPRIATION $ 26,859,600

Total federal revenues 2,114,300

Total other state restricted revenues 510,000

State general fund/general purpose $ 24,235,300

State general fund/general purpose $ (13,056,700)

Developmental disabilities council and projects--10.0 FTE positions $ 2,254,700

Central fund for acquiring additional federal and private funds 2,500,000

Gifts and bequests for patient living and treatment environment 2,000,000

IDEA - federal special education 55,000

GROSS APPROPRIATION $ 6,809,700

Total federal revenues 4,609,700

Total private 2,200,000

State general fund/general purpose $ 0

Homelessness formula grant program--2.0 FTE positions $ 1,091,800

Family support subsidy 13,401,200

Dental program for persons with developmental disabilities 151,000

Pilot projects in prevention for adults and children--2.0 FTE positions 1,515,800

Consumer involvement program 166,600

Foster grandparent and senior companion program 1,972,400

Protection and advocacy services support 818,300

Mental health initiatives for older persons 1,165,800

GROSS APPROPRIATION $ 20,282,900

IDG - family independence agency 7,007,500

Total federal revenues 383,000

State general fund/general purpose $ 12,892,400

Community mental health programs $ 1,179,895,900

Respite services 3,318,600

CMHSP - purchase of state services contracts 202,198,000

Omnibus reconciliation act implementation--11.0 FTE positions 10,431,600

Federal mental health block grant--2.0 FTE positions 10,772,000

GROSS APPROPRIATION $ 1,406,616,100

Total federal revenues 440,728,100

Total other state restricted revenues 4,882,400

State general fund/general purpose $ 961,005,600

Worker's compensation program--1.0 FTE position $ 13,577,400

Therapeutic work training program 345,600

Purchase of psychiatric residency training 3,635,100

Purchase of medical services for residents of hospitals and centers 2,874,000

Maintenance of property being leased or rented 95,000

Equipment 300,000

Special maintenance 659,000

Closed site, transition, and related costs--4.0 FTE positions 5,551,500

Severance pay 1,896,000

GROSS APPROPRIATION $ 28,933,600

Total other state restricted revenues 438,700

State general fund/general purpose $ 28,494,900

Caro regional mental health center - psychiatric services unit--462.0 FTE positions $ 28,675,000

Clinton Valley center--470.0 FTE positions 33,216,800

Detroit psychiatric institute--235.0 FTE positions 17,700,300

Kalamazoo psychiatric hospital--428.0 FTE positions 27,662,000

Northville psychiatric hospital--943.0 FTE positions 63,450,000

Walter P. Reuther psychiatric hospital--504.0 FTE positions 34,328,100

GROSS APPROPRIATION $ 205,032,200

Total federal revenues 4,547,900

CMHSP - purchase of state services contracts 126,474,300

Total local revenues 61,136,800

Total other state restricted revenues 12,873,200

State general fund/general purpose $ 0

Detroit psychiatric institute-children's program--20.0 FTE positions $ 1,128,700

Hawthorn center--302.0 FTE positions 19,480,800

Pheasant Ridge children's program at Kalamazoo psychiatric hospital--

46.0 FTE positions 2,988,200

GROSS APPROPRIATION $ 23,597,700

Total federal revenues 4,071,100

CMHSP - purchase of state services contracts 13,418,200

Total local revenues 5,654,400

Total other state restricted revenues 454,000

State general fund/general purpose $ 0

Community residential and support services for persons with developmental

disabilities--59.0 FTE positions $ 69,701,200

Caro mental health center-developmental and alternative services--

195.0 FTE positions 12,804,000

Mount Pleasant center--517.0 FTE positions 30,208,200

Southgate center--261.0 FTE positions 16,092,000

GROSS APPROPRIATION $ 128,805,400

Total federal revenues 46,697,800

CMHSP - purchase of state services contracts 62,305,500

Total local revenues 16,699,900

Total other state restricted revenues 3,102,200

State general fund/general purpose $ 0

Center for forensic psychiatry--479.0 FTE positions $ 31,885,800

Center for forensic psychiatry - outpatient evaluation--40.0 FTE positions 3,087,000

Forensic mental health services provided to the department of corrections--
956.0 FTE positions 67,493,800

GROSS APPROPRIATION $ 102,466,600

IDG - department of corrections 67,493,800

Total federal revenues 15,800

Total local revenues 1,570,300

Total other state restricted revenues 226,900

State general fund/general purpose $ 33,159,800

Executive administration--69.0 FTE positions $ 4,598,900

Contractual services, supplies, and materials 268,000

Building occupancy charges 2,927,700

Equipment 800,100

Rent 253,000

Worker's compensation 302,500

Health planning--14.8 FTE positions 2,961,600

Management information systems--56.4 FTE positions 6,281,800

Maternal and infant health data and evaluation--6.5 FTE positions 538,300

Minority health grants and contracts 650,000

Office of general services--18.0 FTE positions 1,056,200

Office of minority health--3.0 FTE positions 271,800

Vital records and health statistics--73.3 FTE positions 5,760,500

GROSS APPROPRIATION $ 26,670,400

Intradepartmental transfer - automated data processing charges 3,510,400

Interdepartmental grant from family independence agency 132,500

Total federal revenues 3,647,800

Total other state restricted revenues 3,992,100

State general fund/general purpose $ 15,387,600

Infectious disease control administration--4.0 FTE positions $ 333,900

Contractual services, supplies, and materials 22,100

GROSS APPROPRIATION $ 356,000

State general fund/general purpose $ 356,000

AIDS counseling and testing $ 4,237,600

AIDS education and outreach 3,013,800

AIDS/HIV risk reduction 1,000,000

AIDS program administration--13.0 FTE positions 1,139,600

AIDS referral and care network grants 6,694,700

AIDS surveillance and prevention program--16.0 FTE positions 2,845,500

Disease surveillance--4.0 FTE positions 366,400

Division administration--6.0 FTE positions 491,600

Immunization local agreements 15,837,100

Immunization program management and field support--11.0 FTE positions 2,047,300

Lyme disease grant--0.3 FTE position 75,000

Sexually transmitted disease control local agreements 2,205,700

Sexually transmitted disease control management and field support--32.0 FTE positions 2,690,700

Recalcitrant AIDS and tuberculosis aid 162,000

Tuberculosis control program--4.5 FTE positions 860,900

GROSS APPROPRIATION $ 43,667,900

Total federal revenues 31,036,800

Local funds 242,700

Private funds 175,000

Total other state restricted revenues 7,585,200

State general fund/general purpose $ 4,628,200

Laboratory services administration--75.8 FTE positions $ 4,387,000

Contractual services, supplies, and materials 1,349,000

EPSDT blood lead screening--6.0 FTE positions 665,100

Newborn screening services--24.8 FTE positions 1,765,700

GROSS APPROPRIATION $ 8,166,800

Interdepartmental grant from corrections 232,600

Total federal revenues 506,200

Total other state restricted revenues 1,847,200

State general fund/general purpose $ 5,580,800

Interdepartmental grant from the department of environmental quality 458,800

Total federal revenues 2,283,100

Total other state restricted revenues 55,100

State general fund/general purpose $ 1,520,800

Health systems administration--20.7 FTE positions $ 1,391,300

Contractual services, supplies, and materials 52,100

Administrative hearings--2.5 FTE positions 166,900

Health facilities management information system 39,800

Local health services--4.9 FTE positions 141,300

Primary care services grant--1.8 FTE positions 218,400

Training and evaluation 320,000

GROSS APPROPRIATION $ 2,329,800

Interdepartmental grant from treasury, Michigan state hospital finance authority 92,300

Total federal revenues 287,100

Total other state restricted revenues 1,075,100

State general fund/general purpose $ 875,300

Implementation of Act 133 PA 1993 $ 100,000

Indian health care 309,500

Michigan essential health care provider program 1,229,100

Primary care services 1,922,200

Refugee health program 142,300

Rural health grant 168,800

State/local cost sharing 36,412,600

GROSS APPROPRIATION $ 40,284,500

Total federal funds 2,392,700

Private funds 40,000

Total other state restricted revenues 500,000

State general fund/general purpose $ 37,351,800

AIDS and risk reduction clearinghouse and media campaign $ 1,700,000

Alzheimer's information network 150,000

Cancer prevention and control program--19.0 FTE positions 13,522,700

Center administration--4.0 FTE positions 321,500

Chronic disease prevention--2.5 FTE positions 1,609,800

Diabetes local agreements 2,409,900

Employee wellness program grants (includes $50.00 per diem and expenses for

the risk reduction and AIDS policy commission) 4,250,000

Health education, promotion, and research programs--23.0 FTE positions 2,155,300

Injury control intervention project--1.0 FTE position 437,300

Physical fitness, nutrition, and health 1,750,000

Public health traffic safety coordination--1.0 FTE position 152,600

School health curriculum 2,000,000

School health education project 80,000

Smoking prevention program--6.2 FTE positions 7,174,700

Survey and analysis--5.0 FTE positions 468,000

Violence prevention--2.0 FTE positions 2,846,300

GROSS APPROPRIATION $ 41,028,100

Total federal funds 12,057,200

Total other state restricted revenues 25,108,600

State general fund/general purpose $ 3,862,300

Child and family services administration--92.8 FTE positions $ 6,076,700

Contractual services, supplies, and materials 1,572,500

Automated data processing 3,730,000

Lead abatement program--3.0 FTE positions 4,900,000

Special projects--8.0 FTE positions 3,128,000

GROSS APPROPRIATION $ 19,407,200

Total federal revenue 15,773,700

Private funds 434,000

State general fund/general purpose $ 3,199,500

Adolescent health care services $ 2,892,300

Dental programs 260,400

Early and periodic screening, diagnosis, and treatment outreach 6,200,000

Family planning local agreements 7,392,600

Lead paint program 491,800

Local MCH services 1,271,200

Maternity, infant, and children's health care local agreements 7,083,000

Medical services cost reimbursement to local health departments 1,800,000

Migrant health care 166,100

Pregnancy prevention program 7,296,100

Prenatal care community demonstration projects 58,200

Prenatal care outreach and service delivery support 7,929,700

Sudden infant death syndrome program 121,300

Women, infants, and children program local agreements and food costs 141,359,200

GROSS APPROPRIATION $ 184,321,900

Total federal revenue 128,792,600

Private funds 37,200,000

Total other state restricted revenues 5,600,000

State general fund/general purpose $ 12,729,300

Program administration--84.5 FTE positions $ 5,064,600

Contractual services, supplies, and materials 883,100

Amputee program 184,600

Bequests for care and services--2.0 FTE positions 1,004,600

Case management services 3,923,500

Conveyor contract 559,100

Medical care and treatment 116,070,100

Pediatric AIDS prevention and control 582,200

Follow-up and treatment services for newborn screening 1,729,400

GROSS APPROPRIATION $ 130,001,200

Total federal revenue 61,669,100

Private - bequests 650,000

Total other state restricted revenues 6,019,100

State general fund/general purpose $ 61,663,000

Substance abuse program administration--32.5 FTE positions $ 1,886,000

Contractual services, supplies, and materials 120,300

Federal projects--12.5 FTE positions 1,384,300

GROSS APPROPRIATION $ 3,390,600

Total federal revenue 1,261,400

Total other state restricted revenues 198,200

State general fund/general purpose $ 1,931,000

Chemically-dependent pregnant women and children program $ 2,100,000

Community substance abuse prevention, education, and treatment grants 72,840,400

Federal and other special projects 7,427,200

Highway safety projects 337,200

Program enhancement, evaluation, and data services 1,137,600

State disability assistance program substance abuse services 6,600,000

GROSS APPROPRIATION $ 90,442,400

Total federal revenue 64,369,100

Total other state restricted revenues 1,360,000

State general fund/general purpose $ 24,713,300

Drug control policy--13.0 FTE positions $ 1,028,000

Anti-drug abuse grants 30,931,100

GROSS APPROPRIATION $ 31,959,100

Total federal revenue 31,785,400

State general fund/general purpose $ 173,700

Commission (per diem $50.00) $ 10,500

Office of services to aging administration--44.5 FTE positions 4,270,800

Information systems 957,500

Community services 24,163,400

Nutrition services 28,185,700

Senior volunteer services 4,130,900

Senior citizen centers staffing and equipment 1,140,700

Employment assistance 2,632,700

DAG commodity supplement 6,978,800

Michigan pharmaceutical program 5,000,000

Respite care program 3,500,000

GROSS APPROPRIATION $ 80,971,000

Interdepartmental grant from department of community health 2,472,500

Total federal revenue 39,262,500

Total private revenue 125,000

Total other state restricted revenue 8,500,000

State general fund/general purpose $ 30,611,000

Salaries and wages--549.0 FTE positions $ 31,931,200

Contractual services, supplies, and materials 24,342,600

Rent 2,253,000

Travel and equipment 288,500

Data processing contractual services 100

Facility inspection contract - state police 132,800

GROSS APPROPRIATION $ 58,948,200

Total federal revenues 35,378,300

Private 80,800

State general fund/general purpose $ 23,489,100

Hospital services and therapy $ 669,496,500

Hospital disproportionate share payments 45,000,000

Physician services 147,639,800

Medicare premium payments 99,203,200

Pharmaceutical services 194,898,900

Home health services 32,703,500

Transportation 4,143,000

Auxiliary medical services 46,573,000

Nursing home services 720,643,900

Chronic care units and county medical care facilities 160,740,800

Substance abuse services 16,339,000

Health plan services 1,251,146,000

Early periodic screening, diagnosis, and treatment outreach 2,582,000

Caring program for children 1,500,000

Personal care services - adult foster care 24,962,000

Personal care services - in home services 5,500,000

Maternal and child health 9,234,500

Indigent medical care program 22,686,000

Adult home help 139,561,700

Social services to the physically disabled 1,344,900

Subtotal basic medical services program 3,595,898,700

Outpatient hospital adjustor 44,012,800

School based services 127,341,500

Special adjustor payments 840,337,900

Subtotal special medical services payments 1,011,692,200

GROSS APPROPRIATION $ 4,607,590,900

Total federal revenues 2,539,225,200

Total local 618,973,000

Total private 500,000

Tobacco company litigation fund 50,000

Total other state restricted revenues 237,884,100

State general fund/general purpose $ 1,210,958,600".

(a) "AIDS" means acquired immunodeficiency syndrome.

(b) "CMH" means community mental health.

(c) "CMHSP" means a community mental health service program as that term is defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

(d) "DAG" means the United States department of agriculture.

(e) "DAG-FNS" means the United States department of agriculture, food and nutritional services.

(f) "Department" or "MDCH" means the Michigan department of community health.

(g) "DOL-CETA" means the United States department of labor, comprehensive employment training act.

(h) "DSH" means disproportionate share hospital.

(i) "EPSDT" means early and periodic screening, diagnosis, and treatment.

(j) "FTE" means full-time equated position.

(k) "GME" means graduate medical education.

(l) "HHS-OHDS" means the United States department of health and human services, office of human development services.

(m) "HIV" means human immunodeficiency virus.

(n) "IDEA" means individuals with disabilities education act.

(o) "IDG" means interdepartmental grant.

(p) "IDT" means intradepartmental transfer.

(q) "MCH" means maternal and child health.

(r) "Qualified health plan" means, at a minimum, an organization that meets the criteria for delivering the comprehensive package of services under the department's comprehensive health plan.

(s) "Title X" means title X of the public health services act, 300 U.S.C. 1001.

(t) "Title XVIII" means title XVIII of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1395 to 1395b, 1395b-2, 1395c to 1395i, 1395i-2 to 1395i-4, 1395j to 1395t, 1395u to 1395w-2, 1395w-4 to 1395zz, and 1395bbb to 1395ccc.

(u) "Title XIX" means title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396d, 1396f to 1396g, and 1396i to 1396s.

(v) "Title XX" means title XX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1397 to 1397f.".

(2) In addition to the funds appropriated in section 101, 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 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(3) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $10,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

(4) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $10,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this act pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.

Sec. 223. Basic health services for the fiscal year beginning October 1, 1997, for the purpose of part 23 of the public health code, 1978 PA 368, MCL 333.2301 to 333.2321, are those described by the department in its proposed program statement dated October 16, 1981, and in the "prenatal postpartum care, proposed basic health service program statement" included in the department document entitled "A Study of Prenatal Care as a Basic Service," dated March 1, 1986, and for which the legislature has made funds available in amounts necessary to ensure their availability and accessibility. The services described in the statement are: immunizations, communicable disease control, venereal disease control, tuberculosis control, prevention of gonorrhea eye infection in newborns, screening newborns for phenylketonuria, screening newborns for hypothyroidism, health/medical annex of emergency preparedness plan, licensing and surveillance of agricultural labor camps, and prenatal care.

Sec. 224. The department may contract with the Michigan public health institute for the design and implementation of projects and for other public health related activities prescribed in section 2611 of the public health code, 1978 PA 368, MCL 333.2611. The department may develop a master agreement with the institute for up to a 3-year period to carry out these purposes. The department shall report on projects to be carried out by the institute, expected project duration, and project cost by November 1, 1997 and May 1, 1998 to the house and senate appropriations subcommittees on community health, senate and house fiscal agencies, and the department of management and budget. If the reports are not received by the specified dates, no funds shall be disbursed. For the purposes of this section, the Michigan public health institute shall be considered a public health agency.

Sec. 225. No funds appropriated in section 101 shall be expended for media activities regarding the alleged dangers of naturally occurring radon gas.

Sec. 226. It is the intent of this legislature to prohibit state contracts with health care agencies, organizations and providers licensed or registered as defined in the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, that use gag rules in their relationships with health care providers.

Sec. 227. The department may receive and expend funds dedicated to the establishment of programs for education, research and treatment services related to pathological gambling addictions.".

(2) Long-term psychiatric beds, whether occupied or unoccupied, whether operated by the state or an agency with whom the department or a CMHSP contracts, will be available at various locations across the state.

(3) The department and CMHSPs shall continue to develop and facilitate community placement opportunities for persons with developmental disabilities, adults with mental illness, and children with emotional disturbance for whom such placement is clinically appropriate.

(4) The department and CMHSPs shall not discriminate against the placement of an individual in a state psychiatric hospital when long-term psychiatric inpatient care is appropriate. This subsection does not prohibit the department and CMHSPs from considering consumer choice, quality of care, and cost of care in making the hospital referral.".

Sec. 1050. The department shall provide a report quarterly to the house and senate appropriations subcommittees on community health, the senate and house fiscal agencies, and the department of management and budget on the expenditures and activities undertaken by the lead abatement program. The report shall include but not be limited to a funding allocation schedule, expenditures by category of expenditure and by subcontractor, revenues received, description of program elements, and description of program accomplishments and progress.".

(a) Funding allocations.

(b) Basis for grantee selection.

(c) Expected cost per client served by grantee.

(d) Number of women, children, and/or adolescents expected to be served.

(e) Expected first and third party collections by source of payment.

(f) The extent to which grantees meet federal indicators, when applicable.

(g) Actual numbers served and amounts expended in the categories described in subdivisions (a) to (e) for the fiscal year 1996-97.".

Sec. 1305. If a person licensed to provide substance abuse services receives federal substance abuse prevention block grant funds, any priority positions established under state statute for recipients of their services shall apply only after serving those priority positions granted under the conditions of the federal block grant.".

(4) Usual and customary charges for pharmacy providers are defined as the pharmacy's charges to the general public for like or similar services.".

(a) The individuals were medically eligible and residing in such a facility as of August 22, 1996 and qualify for emergency medical services.

(b) The individuals were medicaid eligible as of August 22, 1996, and admitted to a nursing facility before a new eligibility determination was conducted by the family independence agency.".

(3) The substance abuse coordinating agencies shall arrange for clinical reviews to assure appropriate continuity of care for recipients of substance abuse treatment services.".

(h) The department shall develop a case adjustment to its rate methodology that considers the costs of persons with HIV/AIDS, end stage renal disease, organ transplants, epilepsy, and other high-cost diseases or conditions and shall implement the case adjustment when it is proven to be actuarially and fiscally sound. Implementation of the case adjustment must be budget neutral.

(i) The department may encourage bids for multicounty regions through the use of preference points but shall not initially require a plan provider to submit a bid for a multicounty region.

(j) Enrollment of recipients of children's special health care services in qualified health plans shall be voluntary during fiscal year 1997-98.".

(b) Beneficiary".

Sec. 1657. The department may require beneficiaries to enroll in a long-term care plan if the following requirements are met:

(a) An eligibility screening/enrollment component is in place at community hospitals, in-home for persons who are homebound, as well as at convenient community locations.

(b) The eligibility screening/enrollment counseling service is performed by an entity(s) selected through a request for proposal.

(c) Enrollment counselor services are available to the clients and their families to ensure clients or their legally authorized representatives have the information necessary to make an informed choice of plans, to appropriately access care within the plan, to file grievances with the plan and the state, and to access care out of network if appropriate.

(d) Quality outcome measures and consumer satisfaction measures are developed based on the minimum data sets for home care and nursing home care.

(e) Services offered will include a range of home and community services including adult day care, respite care homemaker, chore, personal care, personal care supervision, personal emergency response systems, community living supports, services in nursing home settings.

(f) There will be 2 long-term care plan contractors in all areas of the state except in areas with sparse population and when the long-term care plan network includes at least 85% of the providers in the region.

(g) Long-term care plans are selected through a request for proposal process that identifies organizations capable of organizing and managing a continuum of services.

(h) The department reviews and approves provider contracts used by the plan to ensure that the plan's risk/incentive arrangements do not provide incentives to withhold appropriate medical services.

(i) The department establishes criteria for the plan's provider network that take into consideration the unique needs of the population to be enrolled and ensure that the network has adequate capacity to provide home and community-based service alternatives and is in place before enrollment begins.

(j) The department establishes requirements for encounter data collection and reporting that ensure the department has the ability to closely monitor care provided to enrollees to assure quality and appropriate access to care.

(k) The department contracts for an independent, external quality review of the services provided through the managed care plans. The protocols used in the review shall be appropriate for the specialized population enrolled in the plan and shall be at least as rigorous as those used by national committee on quality assurance.

(l) The department conducts annual patient satisfaction surveys using statistically valid sampling techniques that focus on this population and a survey tool that is appropriate to the population being surveyed.

(m) The department maintains an exception process that allows clients meeting established medical criteria to be exempt from enrollment in managed care.

(n) The department maintains an expedited grievance process that provides a response to urgent requests within 1 business day.

(o) Eligibility for the long-term plan is based on medicaid financial eligibility criteria and medical/functional determination of necessity to qualify for nursing facility level of care. The initial eligible group would include those persons eligible for medicaid now in licensed nursing facilities and those eligible for the medicaid home and community based waiver. Eligible persons (and their families if incapacitated), in conjunction with the managed care organization and medical caregivers, shall choose their preferred care setting, to live at home, in other home-like settings, or in a skilled nursing facility. Eligible persons will be offered choices by the managed care plan that emphasize the individual's dignity and independence, quality of life, and reflect the principles of person-centered planning.

(p) An area agency on aging may bid for either the eligibility screening/enrollment counseling service contract or the long-term care managed care organization contract. An area agency on aging may continue to provide case management/care coordination services for non-medicaid-eligible persons with funds appropriated in section 101.

(q) The managed care program for long-term care services shall assure that the services provided are coordinated with those available under the medicare program.

(r) At least 30 days prior to implementation of any long-term managed care program, the department shall conduct public hearings and submit its plan to the senate and house appropriations subcommittees on community health, the appropriate senate and house standing committees, and the senate and house fiscal agencies. The plan shall include a summary of the public comments received by the department regarding the managed care program.

Sec. 1658. Funds appropriated for substance abuse services shall be contracted in full to coordinating agencies through CMHSPs unless such a pass-through is held to be in violation of federal or state law or rules. If such a pass-through is not permissible, the department shall contract directly with coordinating agencies. CMHSPs shall not assume any contractual or financial liability associated with the pass-through of substance abuse services funds provided to eligible recipients with these funds. The coordinating agencies shall retain financial program responsibilities and liabilities consistent with contract requirements.

Sec. 1659. From the funds appropriated in section 101 for hospital services and therapy, the department shall increase graduate medical education payments to hospitals by $8,300,000.00.".

Region 1A $ 600,000

Region 1B 720,000

Region 1C 420,000

Region 2 180,000

Region 3 300,000

Region 4 180,000

Region 5 300,000

Region 6 180,000

Region 7 360,000

Region 8 360,000

Region 9 360,000

Region 10 360,000

Region 11 360,000

Region 14 180,000

(2) The office of services to the aging shall provide a report to the senate and house appropriations subcommittees on general government by November 1, 1997, summarizing the accomplishments of each program in the 1996-97 fiscal year.".

Sec. 1714. The office of services to the aging shall provide that funds appropriated under this act shall be awarded on a local level in accordance with locally determined needs.".

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

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1998; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

 

Pending the order that, under joint rule 9, the conference report be laid over one day,

Senator DeGrow moved that the rule be suspended.

The motion prevailed.

The question being on the adoption of the conference report,

The first conference report was adopted, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By unanimous consent the Senate returned to the order of

 

 

Senator DeGrow moved that consideration of the following bill be postponed temporarily:

Senate Bill No. 225

The motion prevailed.

 

The Assistant President pro tempore, Senator Hoffman, assumed the Chair.

 

 

Senate Bill No. 114, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 1996 PA 10 and section 2950a as amended by 1994 PA 404.

(For Conference report, see Senate Journal No. 60, p. 1145.)

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

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

 

 

Senate Bill No. 319, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 221, 232, and 903 (MCL 257.221, 257.232, and 257.903), section 903 as amended by 1992 PA 309, and by adding section 208d.

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

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title of the bill.

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

 

 

Senate Bill No. 521, entitled

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

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

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator DeGrow moved that the rule be suspended.

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

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

Senator Stille offered the following amendment to the substitute:

The amendment to the substitute was adopted.

The question being on concurring in the House substitute, as amended,

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator DeGrow moved that the bill be given immediate effect.

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

 

 

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

The motion prevailed.

Senator Posthumus' statement is as follows:

Last week we said goodby to Kristi Clemens from my staff, and today, I want to ask for your best wishes for another one of my staff members who is leaving, Brian Harrison.

Brian grew up just a couple of miles from where I live. In fact, his dad was my vocational agriculture teacher, so our families have been friends a long time. Brian even worked on my first campaign. I think he probably was about in elementary school and was working in my barn making signs, but later on he came here and worked as a Page in the Senate. Later worked in the Secretary of the Senate's Office while attending Michigan State University. After he graduated, I asked him to come to work as one of my staff people working to represent me in my district and since then has become the Director of our District Affairs Office.

After this week, he leaves to go to work in the Department of Environmental Quality in charge of regulatory reform and I can say that after all of these years, I'm going to miss Brian. Because he still lives near me, we rode in together a lot and he was more than just a staff person to me. He was a good friend. We're going to miss his humor and his dedication, but I guess our loss is Russ Harding's gain.

Brian, I just want to wish you well, as I'm sure the Senate does as you go on to new things.

 

 

Senate Bill No. 637, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 375.

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

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title of the bill.

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

 

 

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

Senator Geake's statement is as follows:

I, too, must arise regretfully to announce the departure of a key person in my office. Bill Kordenbrock has been my Administrative Assistant for several years. He's been with me in one capacity or another for over nine years.

I think most of you know him. He's been a valuable asset not only to my office, but at one time or another, to most of you on the floor because of his knowledge of the budget and his willingness to help out on a variety of projects. Bill Kordenbrock is like all of those who ever served as administrative assistants in my office, going on to a better job; the pay is more than we give as legislators and is leaving with a promotion and advancement in his career. I hope that you will join me in showing our appreciation for all that he's done for us. Some of you know what he's going to be doing now. For those of you who don't, he will be glad to admit it, I think, but he is defecting to the Executive Branch of government where we will still have to deal with him.

 

 

Senate Bill No. 534, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80104, 80129, 80130, 80301, 80310, 80315, 81101, 81113, 81114, 81120, 82101, 82113, and 82156 (MCL 324.80104, 324.80129, 324.80130, 324.80301, 324.80310, 324.80315, 324.81101, 324.81113, 324.81114, 324.81120, 324.82101, 324.82113, and 324.82156), as added by 1995 PA 58, and by adding sections 80130a, 80130b, 80130c, 80130d, 80315a, 80315b, 80315c, 80319a, 81114a, 81114b, 81114c, 82156a, 82156b, 82156c, and 82160.

The House of Representatives has amended the bill as follows:

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

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator DeGrow moved that the rule be suspended.

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator DeGrow moved that the bill be given immediate effect.

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

The Senate agreed to the full title of the bill.

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

 

 

Senate Bill No. 619, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 75 (MCL 421.75), as amended by 1995 PA 25.

The House of Representatives has amended the bill as follows:

1. Amend page 1, line 1, after "Sec. 75." by striking out "The" and inserting "AS OF JULY 1, 1997, THE".

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

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator DeGrow moved that the rule be suspended.

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator DeGrow moved that the bill be given immediate effect.

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

The Senate agreed to the full title of the bill.

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

 

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

The motion prevailed.

 

By unanimous consent the Senate proceeded to the order of

 

 

Senator DeGrow moved that consideration of the following resolution be postponed for today:

Senate Resolution No. 71

The motion prevailed.

 

 

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 81

Senate Resolution No. 82

Senate Resolution No. 84

Senate Resolution No. 87

Senate Resolution No. 88

The resolution consent calendar was adopted.

 

 

Senator Cisky offered the following resolution:

Senate Resolution No. 81.

A resolution to congratulate the Nouvel Catholic Central High School Varsity Baseball Team for winning the 1997 Class B State Championship.

Whereas, With tremendous heart, courage and determination, the Nouvel Catholic Central High School Varsity Baseball Team reached the pinnacle of high school baseball in the state of Michigan by defeating DeWitt High School 3-2 in the 1997 Class B Baseball State Championship on Saturday, June 14, 1997, at Brown Stadium in Battle Creek; and

Whereas, Nouvel Catholic Central High School, an institution with a tradition in academic, as well as athletic excellence, refused to quit, which was demonstrated with their dramatic come-from-behind victory. Once again proving to be true champions; and

Whereas, Head Coach Steve Jaksa has led the Nouvel Baseball Team to great success in his 11-year tenure, with a career record of 327-99-9 and two state championships, which stands as a testimony to his tremendous effectiveness as a coach and motivator; and

Whereas, Assistant Coaches, Dave Horny, Art Felton and Dan Behmlander, and trainer, John Rogers, were a vital part in Nouvel's championship by demonstrating excellent leadership, instruction and discipline; and

Whereas, Through relentless dedication and undying devotion to one another, Nouvel Baseball players Matt Alfano, Matt Buggia, Juston Davenport, Joe Fahndrich, Phil Gobeyn, Rob Guzman, Eric Hammerbacher, Kris Krzywosinski, Brian Kunitzer, Bill Link, Ryan McGraw, Marty Meunier, John Miller, John Reyes, Ramiro Torrez, Tim Turner, Dave Warnert and Shaun Weisenberger deserve recognition for their great accomplishment; now, therefore, be it

Resolved by the Senate, That members of this legislative body congratulate and honor the Nouvel Catholic Central High School Varsity Baseball Team for a job well done; and be it further

Resolved, That a copy of this resolution be transmitted to Nouvel Catholic Central High School as a reminder of the tremendous accomplishment by the 1997 State Champion Nouvel Catholic Central High School Varsity Baseball Team.

Senators Schwarz, Young, Stille, McManus, Bouchard, Shugars, Berryman, Emmons, Hoffman, Conroy, Posthumus, Van Regenmorter and Vaughn were named co-sponsors of the resolution.

 

 

Senator Dingell offered the following resolution:

Senate Resolution No. 82.

A resolution offered as a memorial for Mr. Joseph L. Jurkiewicz, who has served the city of Taylor as a Councilman with integrity and pride.

Whereas, With the passing of Mr. Joseph L. Jurkiewicz, his colleagues, friends and fellow citizens of the state of Michigan will feel the loss of a community leader and dedicated public servant. He has helped Taylor through some difficult and some good times to see it grow and prosper. The people of Taylor have much to thank him for; and

Whereas, Joseph L. Jurkiewicz was a man of passion. He loved serving the people of Taylor and he loved small town politics. He enjoyed getting to the heart of a matter. His lively and enthusiastic outlook on life was a part of his heritage. He was a Polish-American who was well aware of the hardships that Poland has suffered in this century. He also worked hard to help people to see the victories and strengths not only of Poland, but of Polish-Americans, of which he was an outstanding example and leader in the Downriver Area; and

Whereas, Joseph L. Jurkiewicz will live on in our memories and the memories of the people of the city of Taylor, which he loved so much. His family knew him best and they are the ones who will remember him as husband, father, grandfather, and brother. To his wife, Frieda, his children, Andrea, Audrey, Annette, John, Alesia, and Joseph (and their families), and his sister and brother, we express our sadness and feeling of loss. May they be comforted by our regrets; now, therefore, be it

Resolved by the Senate, That a unanimous accolade of tribute be hereby accorded to honor the memory of Mr. Joseph L. Jurkiewicz; and be it further

Resolved, That copies of this resolution be transmitted to Mr. Jurkiewicz's wife, Frieda, and family as evidence of the respect we will always have for his memory.

Senators Hart, Schwarz, Young, McManus, Shugars, Berryman, Emmons, Hoffman, Conroy, Van Regenmorter and Vaughn were named co-sponsors of the resolution.

 

 

Senator Bullard offered the following resolution:

Senate Resolution No. 84.

A resolution to congratulate Tim S. Miller on his commitment to the propane industry and his accomplishments as the President of the Michigan Propane Gas Association.

Whereas, The Michigan Propane Gas Association exists to promote the proper handling and use of propane, to work for a favorable environment for propane distribution and marketing, and to increase its application by demonstrating propane's value as a clean energy source; and

Whereas, The Michigan Propane Gas Association is a statewide trade association representing the state's 345 marketer members; and

Whereas, Michigan is the largest propane consumption state in the United States, with over 650 million gallons sold; and

Whereas, The Michigan Propane Gas Association was founded April 3, 1947, as a trade and membership service organization that represented propane markets throughout the state; and

Whereas, Tim S. Miller has been in the propane industry for the past 20 years, starting with Petrolane in 1977 and currently serves as the Regional Manager of All Star Gas in Michigan, Ohio and Indiana overseeing 18 plants; and

Whereas, Mr. Miller has shown a continual commitment to the propane industry serving as a volunteer on the NFPA 58 Committee and the Fire Marshall's Ad Hoc Committee, in order to establish a higher Michigan safety standard; and

Whereas, Mr. Miller's dedication to the propane industry has culminated in his term as the President of the Michigan Propane Gas Association for 1996-97; and

Whereas, Mr. Miller's term as president will end on July 15, 1997, at the Michigan Propane Gas Association's Annual Convention and MPGA's 50th Anniversary; now, therefore, be it

Resolved by the Senate, That we congratulate Tim S. Miller on his commitment to the propane industry and his accomplishments as the President of the Michigan Propane Gas Association; and be it further

Resolved, That a copy of this resolution be transmitted to Tim S. Miller as evidence of our highest esteem for his many accomplishments.

Senators Bouchard, Schwarz, Shugars, Berryman, Young, Stille, McManus, Hoffman and Conroy were named co-sponsors of the resolution.

 

 

Senators North, Carl, Stille and McManus offered the following resolution:

Senate Resolution No. 87.

A resolution recognizing Monte J. Endres.

Whereas, Monte J. Endres has faithfully served as Executive Secretary of the Mackinac Bridge Authority for the last four years, while serving as the District Engineer with the Michigan Department of Transportation; and

Whereas, Mr. Endres has continued a tradition of excellence and integrity established by previous administrators, wisely contributing to the deliberations and decisions of the Authority based upon his expertise in engineering, operations, bridge inspection and maintenance activities; and

Whereas, Monte Endres has diligently carried out the duties of his office insofar as the study and analysis of matters effecting the successful operation and maintenance of the Mackinac Bridge and identification of matters for consideration by the Mackinac Bridge Authority; and

Whereas, His distinguished service and professional engineering judgement of ensuring the structural integrity is maintained at the highest levels with minimal impact to the motoring public has proven his technical and managerial skill; and

Whereas, Mr. Endres's commitment to continuous improvement of safe, convenient and cost-effective customer service has served the bridge and its customers well; and

Whereas, His efforts as a 38-year public servant have positively influenced the quality of life for residents and visitors of the state of Michigan; now, therefore, be it

Resolved by the Senate, That the members express sincere gratitude to Monte J. Endres for his outstanding public service as Executive Secretary of the Mackinac Bridge Authority and for his long history of dedicated service to the people of the state and country. We wish Mr. Endres and his family well today and into the next millennium; and be it further

Resolved, That a copy of this resolution be transmitted to Monte J. Endres as evidence of our highest esteem for his many years of dedicated service.

Senators Schwarz, Vaughn, Young and Conroy were named co-sponsors of the resolution.

 

 

Senators North, Carl, Stille, Bouchard and McManus offered the following resolution:

Senate Resolution No. 88.

A resolution recognizing Charles T. Fisher III.

Whereas, Charles T. Fisher has faithfully served as a member of the Mackinac Bridge Authority since 1967, and as chairman for the last 23-years.

Whereas, Mr. Fisher carried on a tradition of excellence demonstrated by his mother and his father, wisely contributing to the deliberations and decisions of the Authority based upon his expertise in financial management and business operations; and

Whereas, Charles Fisher has diligently carried out the duties of his office insofar as the study and analysis of matters under consideration and participation in important Authority decisions; and

Whereas, His distinguished service of ensuring the financial well-being of the Mackinac Bridge and its structural integrity are maintained at the highest levels; and

Whereas, Mr. Fisher's commitment to continuous improvement of safe, convenient and cost-effective customer service has served the bridge and its customers well; and

Whereas, His efforts in many public positions have positively influenced the quality of life for residents and visitors of the state of Michigan; now, therefore, be it

Resolved by the Senate, That the members express sincere gratitude to Charles T. Fisher III for his outstanding public service as a member and chairman of the Mackinac Bridge Authority and for his long history of dedicated service to the people of the state and country. We wish him and his family well today and into the next millennium; and be it further

Resolved, That a copy of this resolution be transmitted to Charles T. Fisher III as evidence of our highest esteem for his many years of dedicated service.

Senators Schwarz, Vaughn, Young, and Conroy were named co-sponsors of the resolution.

 

 

House Concurrent Resolution No. 45.

A concurrent resolution to urge appropriate federal officials, the United States Army Corps of Engineers, and the International Joint Commission to do what they can to reduce the high water levels of the Great Lakes and connecting channels.

Whereas, Water levels throughout the Great Lakes are at threatening levels. Weather conditions during the winter and the spring have brought levels within inches of records set in 1986. Certain areas of our state are only a storm away from devastating flooding, even though the lakes and connecting rivers have yet to reach their peak water levels; and

Whereas, Residents and communities along the St. Clair River, Lake St. Clair, and the Detroit River are doing all they can to prepare for flooding. Tens of thousands of sandbags are being placed along shorelines and river banks. Volunteers are reenforcing protective berms, and in St. Clair Shores, the city has blocked sanitary sewers and placed pumps at strategic locations. Families and businesses are preparing to move valuables and safeguard their property; and

Whereas, While there are obvious limitations to relief available from dams and water flow adjustments, it is imperative that all steps are taken to bring water levels down to avoid as much damage as possible. Taking every practical action now can save enormous emotional, physical, and financial costs later; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge appropriate federal officials, the United States Army Corps of Engineers, and the International Joint Commission to do what they can to reduce the high water levels of the Great Lakes and connecting channels; and be it further

Resolved, That we urge the Corps of Engineers and appropriate state agencies to provide help, including sandbags and other technical assistance or equipment, to residents affected by the high water levels; and be it further

Resolved, That this resolution does not indicate any support for long-term diversion of Great Lakes waters; and be it further

Resolved, That copies of this resolution be transmitted to appropriate federal officials, the International Joint Commission, and the United States Army Corps of Engineers.

The House of Representatives has adopted the concurrent resolution.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senators Young, Conroy and Schwarz were named co-sponsors of the concurrent resolution.

 

 

House Concurrent Resolution No. 48.

A concurrent resolution to establish a sister-state relationship with Egypt and to encourage Detroit city officials to establish a sister-city partnership with Luxor, Egypt.

Whereas, In our ever-changing world, it is important to foster relationships with people of different lands. Exchanging information on culture, commerce, and institutions can develop bonds of friendship that are vital to peace and shared growth. Numerous communities in our state have established sister-city programs, and our state has reaped significant benefits from sister-state initiatives with people from other parts of the world; and

Whereas, In recent years, Michigan citizens have enjoyed increasing interaction with the people of Egypt. Our largest metropolitan area is home to more Arabic-speaking men and women and families from the Middle East than any region of our country. Michigan is also a state with a strong interest in the art and artifacts of Africa. The Detroit Institute of Arts and the Museum of African-American History have stirred public curiosity in the ancient treasures of Egypt, especially those of the Nubian region, near the city of Luxor; and

Whereas, Michigan can learn a great deal from the people of Egypt. In addition to our shared respect for the history, art, and culture of centuries past, we appreciate the need for communications among the community of nations. We are very aware of the rewards to be realized from exchanges and from sharing ideas to build a brighter future for our children; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we establish a sister-state relationship with Egypt and we encourage Detroit city officials to establish a sister-city partnership with Luxor, Egypt; and be it further

Resolved, That copies of this resolution be transmitted to officials of the city of Detroit and Egypt.

The House of Representatives has adopted the concurrent resolution.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senators Young, Conroy, Schwarz and Vaughn were named co-sponsors of the concurrent resolution.

 

 

House Concurrent Resolution No. 52.

A concurrent resolution to express support for a federal disaster declaration for southeastern Michigan for storm damage.

Whereas, On July 2, 1997, severe thunderstorms and tornadoes ripped through southeastern Michigan. The evening storms, which killed several people and left at least a quarter of a million without electricity, have created a disaster situation in parts of Detroit and surrounding communities. High water and wind damage continue to threaten the health and well-being of citizens, businesses, and structures in the most populous region of our state; and

Whereas, Officials in Detroit and Wayne County are taking emergency measures to cope with the disaster. Extra law enforcement and public safety personnel are on the scene. Governor Engler has requested the President to declare the stricken communities as a federal disaster site to bring Federal Emergency Management Agency help to the area; and

Whereas, In addition to the tragic loss of life, the storm has taken away all or parts of homes and businesses. Even as people assess the damage, there are threats to public safety from sparking power equipment, unsafe buildings, and flooding. Southeastern Michigan needs the resources and help the federal government can provide; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express support for a federal disaster declaration for southeastern Michigan for storm damage; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the Governor and the Office of the President of the United States.

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator DeGrow moved that the rule be suspended.

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

The concurrent resolution was adopted.

Senators Schwarz, Vaughn, Young, DeBeaussaert, Cherry, Hart, Stallings, V. Smith, O'Brien and Conroy were named co-sponsors of the concurrent resolution.

 

 

Senators Koivisto, McManus, Schwarz, Gougeon and North offered the following resolution:

Senate Resolution No. 80.

A resolution to urge the Environmental Protection Agency Science Advisory Board, the Food and Drug Administration Science Board, and the Michigan Environmental Science Board to develop comprehensive uniform fish advisory standards.

Whereas, Michigan has long been committed to providing people with accurate and useful information on the quality of fish caught for consumption and taken from the waters of the Great Lakes. In recent years, Michigan has received vital information and advice from the university and scientific communities to use as guides for notifying the public on any possible health hazards. The Michigan Environmental Science Board has provided comments on advisories based on sound science, the examination of relative risk, and the overall effect of eating Great Lakes fish; and

Whereas, As a result of this diligence, Michigan often uses standards that are stricter than those of federal authorities. Our state has been especially restrictive with regard to the consumption of fish by women and young children. While other jurisdictions have urged women of child-bearing age and children not to eat certain species of Great Lakes fish, Michigan has urged this population to avoid older larger fish of any kind; and

Whereas, Michigan has made a strong effort to incorporate scientific findings in determining and issuing its advisories. These considerations include factoring in the benefits of fish consumption for many people. It is in the best interest of our country for all the Great Lakes states and the federal government to follow this lead and make decisions based on the same strict science; now, therefore, be it

Resolved by the Senate, That we urge the Environmental Protection Agency Science Advisory Board, the Food and Drug Administration Science Board, and the Michigan Environmental Science Board to develop a comprehensive uniform fish advisory; and be it further

Resolved, That copies of this resolution be transmitted to the United States Environmental Protection Agency Science Advisory Board, the Food and Drug Administration Science Board, and the Michigan Environmental Science Board.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

Senators Young, Stille, Berryman and Conroy were named co-sponsors of the resolution.

Senators North, Koivisto, McManus, Schwarz and Gougeon offered the following concurrent resolution:

Senate Concurrent Resolution No. 38.

A concurrent resolution to urge the Environmental Protection Agency Science Advisory Board, the Food and Drug Administration Science Board, and the Michigan Environmental Science Board to develop comprehensive uniform fish advisory standards.

Whereas, Michigan has long been committed to providing people with accurate and useful information on the quality of fish caught for consumption and taken from the waters of the Great Lakes. In recent years, Michigan has received vital information and advice from the university and scientific communities to use as guides for notifying the public on any possible health hazards. The Michigan Environmental Science Board has provided comments on advisories based on sound science, the examination of relative risk, and the overall effect of eating Great Lakes fish; and

Whereas, As a result of this diligence, Michigan often uses standards that are stricter than those of federal authorities. Our state has been especially restrictive with regard to the consumption of fish by women and young children. While other jurisdictions have urged women of child-bearing age and children not to eat certain species of Great Lakes fish, Michigan has urged this population to avoid older larger fish of any kind; and

Whereas, Michigan has made a strong effort to incorporate scientific findings in determining and issuing its advisories. These considerations include factoring in the benefits of fish consumption for many people. It is in the best interest of our country for all the Great Lakes states and the federal government to follow this lead and make decisions based on the same strict science; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Environmental Protection Agency Science Advisory Board, the Food and Drug Administration Science Board, and the Michigan Environmental Science Board to develop a comprehensive uniform fish advisory; and be it further

Resolved, That copies of this resolution be transmitted to the United States Environmental Protection Agency Science Advisory Board, the Food and Drug Administration Science Board, and the Michigan Environmental Science Board.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senators Young, Stille, Berryman, Hoffman and Conroy were named co-sponsors of the concurrent resolution.

 

 

Senator Dingell offered the following resolution:

Senate Resolution No. 83.

A resolution to amend the Standing Rules of the Senate.

Resolved by the Senate, That Rule 1.308 of the Standing Rules of the Senate be hereby amended to read as follows:

a) A Senator shall not convert for personal, business and/or campaign use, unrelated to Senate business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, telecopy machines, computers, postage, and copy machines. SENATE BUSINESS INCLUDES A SENATOR'S RESPONSIBILITIES WITH LOCAL, REGIONAL, AND NATIONAL POLICY ORGANIZATIONS. THE SECRETARY OF THE SENATE SHALL BE DIRECTED TO MAKE AVAILABLE TO MEMBERS OF THE SENATE RESOURCES NECESSARY FOR A SENATOR TO CARRY OUT THE DUTIES OF OFFICE.

b) Personal business and incidental campaign calls, when charged to the state, are clearly contrary to the proper use of these facilities.

c) Personal and business calls must be charged to the caller's residence telephone, personal credit card, special billing number or made from a pay station. Individuals making unreimbursed personal calls from state facilities shall be subject to appropriate sanctions.

d) In situations where it is not possible to utilize any of the methods outlined above to make a personal call, or when other incidental expenses are incurred, the Senate's operating procedure shall allow reimbursement to the State of Michigan for such calls and expenses."

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

Senators Young and Conroy were named co-sponsors of the resolution.

 

 

Senators Stallings, V. Smith, Vaughn, Young and Hart offered the following concurrent resolution:

Senate Concurrent Resolution No. 39.

A concurrent resolution to memorialize the Congress of the United States and the Environmental Protection Agency to maintain existing standards for ambient air standards and calling for further study for certain levels.

Whereas, The U.S. Environmental Protection Agency (EPA) has a responsibility to review periodically the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM); and

Whereas, EPA is considering changes to both NAAQS, which includes tightening the ozone standard and adding a separate standard for PM2.5; and

Whereas, States, through their citizens, legislative bodies, and regulatory agencies, have worked hard to reduce air pollution and meet clean air requirements; and

Whereas, Tightened standards could significantly expand the number of nonattainment areas for both standards, resulting in emissions controls in additional areas, thus imposing significant economic, administrative, and regulatory burdens on more citizens, businesses, and local government in many states; and

Whereas, There is very little existing PM2.5 monitoring data; and

Whereas, Current research indicates that there are many unanswered questions and uncertainties on the PM issue and the need for a more stringent standard, including:

Whereas, No scientific proof exists that tightening controls on PM2.5 or ozone would avoid alleged adverse health effects, while costs would assuredly be high; now, therefore be it

Resolved the Senate (the House of Representatives concurring), That we advise and strongly urge the EPA to retain the existing NAAQS for ozone; and be it further

Resolved, That we urge the EPA to reaffirm the existing PM10 standard and conduct the additional PM2.5 monitoring and scientific research needed to address the issue of causality and other important unanswered questions before a proposal for a new PM2.5 standard or a revised PM10 standard rule is made; and be it further

Resolved, That, due to remaining uncertainties and the lack of causality between PM2.5 and adverse health effects, we urge the EPA to abandon its current consideration of a PM2.5 standard until more information, including sound science and cost-effectiveness data are available; and be it further

Resolved, That we urge the EPA to identify any unfunded mandates or other administrative and economic burdens for state or local governments or agencies that would derive from changes to the NAAQS for ozone or particulate matter; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the Michigan congressional delegation, the U.S. Environmental Protection Agency, and other appropriate administration officials.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senators Conroy and Schwarz were named co-sponsors of the concurrent resolution.

 

 

Senators Stallings, V. Smith, Vaughn, Young and Hart offered the following resolution:

Senate Resolution No. 85.

A resolution to memorialize the Congress of the United States and the Environmental Protection Agency to maintain existing standards for ambient air standards and calling for further study for certain levels.

Whereas, The U.S. Environmental Protection Agency (EPA) has a responsibility to review periodically the National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM); and

Whereas, EPA is considering changes to both NAAQS, which includes tightening the ozone standard and adding a separate standard for PM2.5; and

Whereas, States, through their citizens, legislative bodies, and regulatory agencies, have worked hard to reduce air pollution and meet clean air requirements; and

Whereas, Tightened standards could significantly expand the number of nonattainment areas for both standards, resulting in emissions controls in additional areas, thus imposing significant economic, administrative, and regulatory burdens on more citizens, businesses, and local government in many states; and

Whereas, There is very little existing PM2.5 monitoring data; and

Whereas, Current research indicates that there are many unanswered questions and uncertainties on the PM issue and the need for a more stringent standard, including:

Whereas, No scientific proof exists that tightening controls on PM2.5 or ozone would avoid alleged adverse health effects, while costs would assuredly be high; now, therefore be it

Resolved the Senate, That we advise and strongly urge the EPA to retain the existing NAAQS for ozone; and be it further

Resolved, That we urge the EPA to reaffirm the existing PM10 standard and conduct the additional PM2.5 monitoring and scientific research needed to address the issue of causality and other important unanswered questions before a proposal for a new PM2.5 standard or a revised PM10 standard rule is made; and be it further

Resolved, That, due to remaining uncertainties and the lack of causality between PM2.5 and adverse health effects, we urge the EPA to abandon its current consideration of a PM2.5 standard until more information, including sound science and cost-effectiveness data are available; and be it further

Resolved, That we urge the EPA to identify any unfunded mandates or other administrative and economic burdens for state or local governments or agencies that would derive from changes to the NAAQS for ozone or particulate matter; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the Michigan congressional delegation, the U.S. Environmental Protection Agency, and other appropriate administration officials.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

Senators Conroy and Schwarz were named co-sponsors of the resolution.

 

 

Senators Young and Vaughn offered the following concurrent resolution:

Senate Concurrent Resolution No. 40.

A concurrent resolution to express the intent of the legislature that fifty percent of tobacco settlement money coming to Michigan will go to fund medical coverage for uninsured children.

Whereas, Following extensive negotiations, with lawsuits from forty states, a tentative settlement has been reached with the nation's tobacco industry. The proposal includes numerous restrictions on the industry, especially in its advertising, requirements for reductions in rates of youth smoking, and compensation to the states in an amount of $368.5 billion over twenty-five years; and

Whereas, While the health costs incurred by individual and states can never be fully repaid, it is important that any financial compensation be used to safeguard directly the health of our citizens. This can best be achieved by covering medical costs for people without insurance. With the priority that the states have placed on fighting youth smoking through discussions with the tobacco companies, the most appropriate use of any settlement money would be to safeguard the health of our youngest and most vulnerable citizens; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That it is the intent of the legislature that fifty percent of tobacco settlement money coming to Michigan will go to fund medical coverage for uninsured children.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

 

 

Senator Berryman offered the following resolution:

Senate Resolution No. 86.

A resolution to call on the state to negotiate a settlement with the plaintiffs in the Durant court case on special education funding.

Whereas, For the past seventeen years, Michigan has been paying less than it should to local school districts to cover certain costs of special education. The Michigan Supreme Court has ruled that special education and special education transportation services are state mandated services included in the requirements for state funding under the Headlee amendment. The case involves eighty-four school districts directly. The decision by Michigan's highest court may have an impact of between $500 million and $3.5 billion, depending on whether the court's judgment is applied to all of the state's districts; and

Whereas, Given the potential economic impact of the court's ruling, it is essential that reasonable people work together to comply with the central legal and moral obligations as quickly as possible. It is also imperative that the options for complying are discussed openly and honestly. It is wrong to imply that money to cover the costs of compliance should only be shifted from current funding for education. The state's misinterpretation of special education funding obligations over the years has cost taxpayers and our schools money that must in some way be repaid. We must not forget that it is children who are at the heart of any ultimate solution to this difficult situation; and

Whereas, A more prudent approach is to bring officials of the school districts and the state together to formulate a settlement that is both practical and responsible. Since the ultimate goal--educating children--is shared by all parties involved, a solution is attainable. Many options need to be explored, including long-term investments in school infrastructure needs, technology development, or the creation of a separate education rainy day fund to strengthen our schools. These are ideas that may work well to help the state fulfill its obligations. Certainly, there is much more to gained by negotiations than threats to current and future education funding; now, therefore, be it

Resolved by the Senate, That we call on the state to negotiate a settlement with the plaintiffs in the Durant court case on special education funding.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

Senators Young and Conroy were named co-sponsors of the resolution.

 

 

 

 

 

 

 

(For text of resolution, see Senate Journal No. 43, p. 691.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

 

Senate Concurrent Resolution No. 34.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections State Prison of Southern Michigan Reorganization (Phase I).

(For text of resolution, see Senate Journal No. 43, p. 692.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

 

Senate Concurrent Resolution No. 35.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Western Michigan University relative to the Western Michigan University Power Plant Renovation.

(For text of resolution, see Senate Journal No. 47, p. 779.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

 

By unanimous consent the Senate returned to the order of

 

 

Senator DeGrow moved that the Committee on Technology and Energy be discharged from further consideration of the following bill:

House Bill No. 4997, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 376.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

 

 

Senator DeGrow moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on its immediate passage:

House Bill No. 4997

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

 

By unanimous consent the Senate proceeded to the order of

 

 

The following bill was read a third time:

House Bill No. 4997, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 376.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator DeGrow moved that the bill be given immediate effect.

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

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date,".

The Senate agreed to the full title of the bill.

 

 

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

The motion prevailed.

Senator Dunaskiss' statement is as follows:

As chairman of the Senate Technology and Energy committee, I would like to note for the record that this legislation was written to do nothing more and certainly nothing less than allow Michigan libraries to apply for the Federal Universal Service Fund.

 

 

 

 

Senator DeGrow moved that the Senate recess until 6:30 p.m.

The motion prevailed, the time being 5:08 p.m.

 

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

 

 

 

 

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

The motion prevailed, the time being 6:31 p.m.

 

 

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

 

 

Senator DeGrow moved that the Senate recess until 10:30 p.m.

The motion prevailed, the time being 9:27 p.m.

 

The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

 

 

 

 

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

The motion prevailed, the time being 10:31 p.m.

 

 

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

 

 

 

 

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

The motion prevailed, the time being 11:08 p.m.

 

 

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

 

 

Senator DeGrow moved that when the Senate adjourns today, it stand adjourned until Wednesday, July 9, at 12:30 a.m.

The motion prevailed.

 

 

Senator DeGrow moved that the Senate adjourn.

The motion prevailed, the time being 11:54 p.m.

 

In pursuance of the order previously made, the President pro tempore, Senator Schwarz, declared the Senate adjourned until Wednesday, July 9, at 12:30 a.m.