No. 58
JOURNAL OF THE HOUSE
House Chamber, Lansing, Thursday, June 19, 1997.
10:00 a.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--present
Basham--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--e/d/s
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--present
Dobronski--present
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--present
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--present
Jaye--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--present
Nye--present
Olshove--present
Owen--present
Oxender--e/d/s
Palamara--present
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--excused
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--present
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. Michelle McManus, from the 104th District, offered the following invocation:
"Heavenly Father, Please bless and inspire the Representatives who will serve the people of our state in this chamber today. We, who have been chosen to serve, need Your guidance and direction as we make important decisions. Please grant us the power to do what is right in Your name. Help us to seize the opportunity that You have given us to lead the State of Michigan in the right direction.
And, above all, Lord, we ask for Your blessing of happiness, prosperity and safety for our colleagues, our staff, our families and to all the people of Michigan. In Your name, we pray. Amen."
______
Rep. Alley asked and obtained a temporary excuse from today's session.
Rep. Hammerstrom moved that Rep. Scranton be excused from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 174, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 1998; to provide for the imposition of fees; to create certain work groups and committees; to provide for reports; to create certain funds; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials, local units of government, committees, and work groups; and to provide for the expenditure of the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Brewer moved to amend the bill as follows:
1. Amend page 16, line 27, after "budget" by inserting a comma and "the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 173, entitled
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Frank moved to amend the bill as follows:
1. Amend page 11, following line 3, by inserting:
"Food stamp investigations--8.0 FTE positions 657,900".
2. Amend page 11, following line 14, by inserting:
"DAG-FNS, state administrative matching grants for food stamp program 329,100"
and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 14, following line 14, by inserting:
"(c) "DAG" means the United States department of agriculture.
(d) "DAG-FNS" means the DAG food and nutrition service." and relettering the remaining subdivisions.
The question being on the adoption of the amendments offered by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Frank,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 536 Yeas--24
Brewer | Frank | Kaza | Schermesser |
Brown | Freeman | Kelly | Thomas |
Callahan | Gire | Law | Voorhees |
Ciaramitaro | Goschka | Profit | Wetters |
Curtis | Hanley | Prusi | Whyman |
DeHart | Jaye | Rocca | Willard |
Nays--77
Agee | Gagliardi | Kilpatrick | Owen |
Anthony | Galloway | Kukuk | Palamara |
Baade | Geiger | LaForge | Parks |
Baird | Gernaat | Leland | Perricone |
Bankes | Gilmer | LeTarte | Price |
Basham | Godchaux | Llewellyn | Quarles |
Birkholz | Green | London | Raczkowski |
Bobier | Gubow | Lowe | Richner |
Bodem | Gustafson | Mans | Rison |
Brackenridge | Hale | Martinez | Schauer |
Brater | Hammerstrom | Mathieu | Schroer |
Byl | Harder | McBryde | Sikkema |
Cherry | Hertel | McManus | Stallworth |
Crissman | Hood | McNutt | Tesanovich |
Cropsey | Horton | Middaugh | Varga |
Dalman | Jansen | Middleton | Vaughn |
DeVuyst | Jelinek | Murphy | Walberg |
Dobb | Jellema | Nye | Wallace |
Dobronski | Johnson | Olshove | Wojno |
Fitzgerald
In The Chair: Hertel
Rep. Prusi moved to amend the bill as follows:
1. Amend page 27, following line 3, by inserting:
"Sec. 802. (1) The emergency management division shall study the impact of extreme weather conditions, such as snow or ice storms that cause road closures, on local emergency services. Emergency service shall include services that affect health, safety, or human welfare, but not be limited to ambulance, police and fire, and rescue services.
(2) The emergency management division, in accordance with subsection (1), shall issue a formal report to the legislature by June 1, 1998.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brewer moved to amend the bill as follows:
1. Amend page 17, line 27, after "budget" by inserting a comma and "the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Owen and Schroer moved to amend the bill as follows:
1. Amend page 28, line 8, after "fees" by striking out the balance of the sentence and inserting a period and "Fees assessed to nonstate users shall be contingent upon statutory authorization.".
2. Amend page 28, line 13, after "the" by inserting "house and senate appropriations committees, house and senate fiscal agencies and the".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 19, line 21, after "activities." by inserting "Officers assigned to the gaming oversight section shall not be employed by a licensed gaming establishment until at least 2 years after termination of employment with the department.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brewer moved to amend the bill as follows:
1. Amend page 8, line 7, by striking out "963,300" and inserting "1,046,300".
2. Amend page 13, line 21, by striking out "356,000" and inserting "439,000" and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Reps. Harder and Schroer moved to amend the bill as follows:
1. Amend page 5, line 9, by striking out all of line 9.
2. Amend page 6, line 17, by striking out all of line 17.
3. Amend page 9, line 21, by striking out all of line 21.
4. Amend page 12, line 8, by striking out all of line 8 and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
______
Rep. Gustafson moved that Rep. Sikkema be excused temporarily from today's session.
The motion prevailed.
Rep. Kelly moved that Rep. Scott be excused from the balance of today's session.
The motion prevailed.
Rep. Gagliardi moved to amend the bill as follows:
1. Amend page 23, following line 12, by inserting:
"Sec. 219. The director of the department shall write a letter to all department employees semi-annually, stating that the department has no ticket issuing quota system in place, and therefore, officer performance will not be evaluated on this criteria for promotion or retention.".
The question being on the adoption of the amendment offered by Rep. Gagliardi,
Rep. Gagliardi demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gagliardi,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 537 Yeas--92
Agee | Dobb | Jaye | Palamara |
Anthony | Dobronski | Jelinek | Parks |
Baade | Emerson | Jellema | Perricone |
Baird | Fitzgerald | Kaza | Price |
Bankes | Frank | Kelly | Prusi |
Basham | Freeman | Kilpatrick | Quarles |
Birkholz | Gagliardi | Kukuk | Raczkowski |
Bobier | Galloway | LaForge | Richner |
Bodem | Geiger | Law | Rison |
Bogardus | Gernaat | Leland | Rocca |
Brackenridge | Gire | LeTarte | Schauer |
Brater | Goschka | Llewellyn | Schermesser |
Brewer | Green | London | Schroer |
Brown | Gubow | Lowe | Thomas |
Byl | Gustafson | Martinez | Varga |
Callahan | Hale | Mathieu | Vaughn |
Cherry | Hammerstrom | McBryde | Voorhees |
Ciaramitaro | Hanley | McManus | Walberg |
Crissman | Harder | Middaugh | Wallace |
Cropsey | Hertel | Middleton | Wetters |
Curtis | Hood | Murphy | Whyman |
Dalman | Horton | Olshove | Willard |
DeHart | Jansen | Owen | Wojno |
Nays--6
Gilmer Johnson McNutt Nye
Godchaux Mans
In The Chair: Hertel
______
Rep. Cassis entered the House Chambers.
Rep. Crissman moved to amend the bill as follows:
1. Amend page 23, following line 12, following section 219, by inserting:
"Sec. 220. (1) The department shall not adjust a test score, use a different cut-off score, or otherwise alter the results of a test on the basis of religion, race, color, national origin, or gender for the purpose of selecting or referring an applicant or candidate for employment or promotion.
(2) The department shall not hire or promote an applicant with a lower test score if there is another equally qualified candidate with a higher test score.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that consideration of the bill be postponed temporarily.
The motion prevailed.
The House returned to the consideration of
Senate Bill No. 174, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 1998; to provide for the imposition of fees; to create certain work groups and committees; to provide for reports; to create certain funds; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials, local units of government, committees, and work groups; and to provide for the expenditure of the appropriations.
(The bill was considered earlier today, see today's Journal, p. 1302.)
Rep. London moved to amend the bill as follows:
1. Amend page 27, following line 20, by inserting:
"Sec. 405. No funds appropriated under section 101, shall be used for the trimming, clearing, or removal of brush around or in front of privately owned outdoor advertising.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. London moved to amend the bill as follows:
1. Amend page 27, line 2, after "runoff." by inserting "No funds shall be disbursed or appropriated under this section for the removal of outdoor advertising where private owners or funding are available.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. London moved to amend the bill as follows:
1. Amend page 32, line 11, by striking out all of section 508.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Gilmer and Harder moved to amend the bill as follows:
1. Amend page 22, following line 19, by inserting:
"(4) The requirements of this section shall be waived if, in the opinion of the director, emergency or immediate attention is needed to respond to a transportation situation presenting a clear and present danger to motorists, public transit riders, or the general public.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that consideration of the bill be postponed temporarily.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Rep. Brewer moved to amend the bill as follows:
1. Amend page 11, line 12, after "committees," by inserting "the house and senate standing committees having jurisdiction over technology issues,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
______
Rep. Hammerstrom moved that Rep. Cassis be excused temporarily from today's session.
The motion prevailed.
Rep. Llewellyn moved that Rep. Rhead be excused temporarily from today's session.
The motion prevailed.
Rep. Oxender entered the House Chambers.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 8, following line 17, by inserting:
"Sec. 206. (1) The awarding of contracts for goods or services for the judicial branch or functions relating to the operation of the judicial branch, including but not limited to the assignments of a trial or appellate attorney for an indigent party in a case before a court, shall be pursuant to the competitive bidding procedures required under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.
(2) If subsection (1) is not complied with, 10% of the funds appropriated under this act shall be placed in a fund to be known as the good government fund, which shall be used to implement the purposes of subsection (1) and any other purposes that may be specifically designated in this act.".
The question being on the adoption of the amendment offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jaye,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 538 Yeas--54
Bankes | Dobb | Jelinek | Middleton |
Basham | Fitzgerald | Johnson | Nye |
Birkholz | Gagliardi | Kaza | Oxender |
Bobier | Galloway | Kukuk | Perricone |
Bodem | Geiger | Law | Prusi |
Brackenridge | Gernaat | Llewellyn | Raczkowski |
Brewer | Gilmer | London | Richner |
Brown | Goschka | Lowe | Rocca |
Byl | Green | Mans | Sikkema |
Crissman | Gustafson | McBryde | Voorhees |
Cropsey | Hammerstrom | McManus | Walberg |
Dalman | Horton | McNutt | Whyman |
DeHart | Jansen | Middaugh | Willard |
DeVuyst Jaye
Nays--43
Agee | Freeman | Martinez | Schauer |
Anthony | Godchaux | Mathieu | Schermesser |
Baade | Gubow | Murphy | Schroer |
Baird | Hale | Olshove | Stallworth |
Bogardus | Hanley | Owen | Tesanovich |
Brater | Hood | Palamara | Thomas |
Callahan | Kelly | Parks | Vaughn |
Ciaramitaro | Kilpatrick | Price | Wallace |
Curtis | LaForge | Profit | Wetters |
Dobronski | Leland | Quarles | Wojno |
Frank | LeTarte | Rison |
In The Chair: Murphy
______
Rep. Hammerstrom moved that Rep. Birkholz be excused temporarily from today's session.
The motion prevailed.
Reps. Jaye and Goschka moved to amend the bill as follows:
1. Amend page 11, following line 24, by inserting:
"Sec. 315. As a condition of the appropriation of funds under this act, all appeals to the circuit court, the court of appeals, or the supreme court must be resolved within 1 year of the date of filing.".
The question being on the adoption of the amendment offered by Reps. Jaye and Goschka,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Jaye and Goschka,
______
Point of Order
Rep. Callahan requested a ruling of the Chair as to whether or not the Jaye and Goschka amendment was germane. The Chair ruled the amendment was germane.
The question being on the adoption of the amendment offered previously by Reps. Jaye and Goschka,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 539 Yeas--76
Agee | DeVuyst | Jaye | Owen |
Anthony | Dobb | Jelinek | Oxender |
Baade | Fitzgerald | Jellema | Palamara |
Baird | Frank | Johnson | Perricone |
Bankes | Gagliardi | Kaza | Profit |
Bobier | Galloway | Kukuk | Prusi |
Bodem | Geiger | Law | Raczkowski |
Bogardus | Gernaat | Llewellyn | Rhead |
Brackenridge | Gilmer | London | Richner |
Brater | Goschka | Lowe | Rocca |
Brewer | Green | Mans | Schauer |
Brown | Griffin | Martinez | Schermesser |
Byl | Gustafson | Mathieu | Schroer |
Cassis | Hammerstrom | McBryde | Sikkema |
Cherry | Hanley | McManus | Tesanovich |
Crissman | Harder | McNutt | Voorhees |
Cropsey | Hood | Middaugh | Walberg |
Dalman | Horton | Middleton | Whyman |
DeHart | Jansen | Olshove | Willard |
Nays--27
Basham | Gubow | Murphy | Thomas |
Callahan | Hale | Nye | Varga |
Ciaramitaro | Hertel | Parks | Vaughn |
Curtis | Kilpatrick | Price | Wallace |
Dobronski | LaForge | Quarles | Wetters |
Gire | Leland | Rison | Wojno |
Godchaux | LeTarte | Stallworth |
In The Chair: Murphy
Rep. Jaye moved to amend the bill as follows:
1. Amend page 11, following line 24, following section 315, by inserting:
"Sec. 316. As a condition of the appropriation of funds under this act, a judge or justice shall not use gold leaf or letterhead stationery for correspondence from his or her office.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 540 Yeas--103
Agee | Fitzgerald | Kelly | Price |
Anthony | Frank | Kilpatrick | Profit |
Baade | Freeman | Kukuk | Prusi |
Baird | Gagliardi | LaForge | Quarles |
Bankes | Galloway | Law | Raczkowski |
Basham | Geiger | Leland | Rhead |
Bobier | Gernaat | LeTarte | Richner |
Bodem | Gilmer | Llewellyn | Rison |
Bogardus | Gire | London | Rocca |
Brackenridge | Godchaux | Lowe | Schauer |
Brater | Goschka | Mans | Schermesser |
Brewer | Green | Martinez | Schroer |
Brown | Griffin | Mathieu | Sikkema |
Byl | Gubow | McBryde | Stallworth |
Callahan | Gustafson | McManus | Tesanovich |
Cassis | Hale | McNutt | Thomas |
Cherry | Hammerstrom | Middaugh | Varga |
Ciaramitaro | Hanley | Middleton | Vaughn |
Crissman | Harder | Murphy | Voorhees |
Cropsey | Hertel | Nye | Walberg |
Curtis | Hood | Olshove | Wallace |
Dalman | Horton | Owen | Wetters |
DeHart | Jansen | Oxender | Whyman |
DeVuyst | Jelinek | Palamara | Willard |
Dobb | Jellema | Parks | Wojno |
Dobronski | Kaza | Perricone |
Nays--2
Jaye Johnson
In The Chair: Murphy
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The question being on the motion by Rep. Gagliardi,
Rep. Gustafson demanded the yeas and nays.
The demand was supported.
The question being on the motion by Rep. Gagliardi,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 541 Yeas--52
Agee | Dobronski | LaForge | Quarles |
Anthony | Frank | Leland | Rison |
Baade | Freeman | Mans | Schauer |
Baird | Gagliardi | Martinez | Schermesser |
Basham | Gire | Mathieu | Schroer |
Bogardus | Gubow | Murphy | Stallworth |
Brater | Hale | Olshove | Tesanovich |
Brewer | Hanley | Owen | Thomas |
Brown | Harder | Palamara | Vaughn |
Callahan | Hertel | Parks | Wallace |
Cherry | Hood | Price | Wetters |
Curtis | Kelly | Profit | Willard |
DeHart | Kilpatrick | Prusi | Wojno |
Nays--48
Bankes | Galloway | Jelinek | Middleton |
Bobier | Geiger | Jellema | Nye |
Bodem | Gernaat | Kaza | Oxender |
Brackenridge | Gilmer | Kukuk | Perricone |
Byl | Godchaux | Law | Raczkowski |
Cassis | Goschka | LeTarte | Rhead |
Crissman | Green | Llewellyn | Richner |
Cropsey | Gustafson | Lowe | Rocca |
Dalman | Hammerstrom | McBryde | Sikkema |
DeVuyst | Horton | McManus | Voorhees |
Dobb | Jansen | McNutt | Walberg |
Fitzgerald | Jaye | Middaugh | Whyman |
In The Chair: Murphy
Second Reading of Bills
The House returned to the consideration of
Senate Bill No. 173, entitled
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
(The bill was considered earlier today, see today's Journal, p. 1302.)
Reps. McManus and Galloway moved to amend the bill as follows:
1. Amend page 17, line 17, after "plan." by inserting "The department shall also submit by November 1, 1997 to the senate and house of representatives appropriations subcommittees on state police and the senate and house of representatives standing committees on state police issues a report on all court judgments and out-of-court settlements involving state police affirmative action plans for the past 3 years. The report shall indicate whether the contested affirmative action plans had been approved by the Michigan civil rights commission, the dollar amount of the judgment or settlement, and whether any employment practices had been declared illegal or ordered modified.".
The question being on the adoption of the amendment offered by Reps. McManus and Galloway,
Rep. McManus demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. McManus and Galloway,
Rep. Wallace moved to amend the McManus and Galloway amendment as follows:
1. Amend the McManus and Galloway amendment, page 17, line 17, after "involving state police" by striking out "affirmative action plans".
2. Amend the McManus and Galloway amendment, page 17, line 17, after "The report shall" by striking out the balance of the sentence and inserting "give a detailed description of each lawsuit, including the amount of the judgment or settlement.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the adoption of the amendment offered previously by Reps. McManus and Galloway,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 542 Yeas--103
Agee | Dobronski | Johnson | Price |
Anthony | Fitzgerald | Kaza | Profit |
Baade | Frank | Kelly | Prusi |
Baird | Freeman | Kukuk | Quarles |
Bankes | Gagliardi | LaForge | Raczkowski |
Basham | Galloway | Law | Rhead |
Birkholz | Geiger | Leland | Richner |
Bobier | Gernaat | LeTarte | Rison |
Bodem | Gilmer | Llewellyn | Rocca |
Bogardus | Gire | London | Schauer |
Brackenridge | Godchaux | Lowe | Schermesser |
Brater | Goschka | Mans | Schroer |
Brewer | Green | Mathieu | Sikkema |
Brown | Griffin | McBryde | Stallworth |
Byl | Gustafson | McManus | Tesanovich |
Callahan | Hale | McNutt | Thomas |
Cassis | Hammerstrom | Middaugh | Varga |
Cherry | Hanley | Middleton | Vaughn |
Ciaramitaro | Harder | Murphy | Voorhees |
Crissman | Hertel | Nye | Walberg |
Cropsey | Hood | Olshove | Wallace |
Curtis | Horton | Owen | Wetters |
Dalman | Jansen | Oxender | Whyman |
DeHart | Jaye | Palamara | Willard |
DeVuyst | Jelinek | Parks | Wojno |
Dobb | Jellema | Perricone |
Nays--1
Kilpatrick
In The Chair: Murphy
______
Rep. Hammerstrom moved that Rep. Walberg be excused temporarily from today's session.
The motion prevailed.
Rep. Kelly moved to amend the bill as follows:
1. Amend page 23, following line 12, following section 220, by inserting:
"Sec. 221. A department receiving funds under this act shall not use those funds to do any of the following:
(a) Engage the services under contract or subcontract of a person who has retired from employment in a department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f.
(b) Enter into a personal services contract with, or hire under contract, a person described in subdivision (a).
(c) Pay an independent contractor that hires or subcontracts with a person described in subdivision (a) to perform the service or function.".
The question being on the adoption of the amendment offered by Rep. Kelly,
Rep. Kelly demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Kelly,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 543 Yeas--103
Agee | Dobronski | Kaza | Perricone |
Anthony | Emerson | Kelly | Price |
Baade | Fitzgerald | Kilpatrick | Profit |
Baird | Frank | Kukuk | Prusi |
Bankes | Freeman | LaForge | Quarles |
Basham | Gagliardi | Law | Raczkowski |
Birkholz | Galloway | Leland | Rhead |
Bobier | Geiger | LeTarte | Richner |
Bodem | Gernaat | Llewellyn | Rison |
Bogardus | Gilmer | London | Rocca |
Brackenridge | Gire | Lowe | Schauer |
Brater | Godchaux | Mans | Schermesser |
Brewer | Goschka | Martinez | Schroer |
Brown | Green | Mathieu | Sikkema |
Byl | Gubow | McBryde | Stallworth |
Callahan | Gustafson | McManus | Tesanovich |
Cassis | Hale | McNutt | Thomas |
Cherry | Hammerstrom | Middaugh | Varga |
Ciaramitaro | Hanley | Middleton | Vaughn |
Crissman | Harder | Murphy | Voorhees |
Cropsey | Hood | Nye | Wallace |
Curtis | Horton | Olshove | Wetters |
Dalman | Jansen | Owen | Whyman |
DeHart | Jaye | Oxender | Willard |
DeVuyst | Jelinek | Palamara | Wojno |
Dobb | Jellema | Parks |
Nays--0
In The Chair: Murphy
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Gagliardi moved that Rule 49 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 173, entitled
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 544 Yeas--103
Agee | Dobronski | Kelly | Price |
Anthony | Emerson | Kilpatrick | Profit |
Baade | Fitzgerald | Kukuk | Prusi |
Baird | Frank | LaForge | Quarles |
Bankes | Freeman | Law | Raczkowski |
Basham | Gagliardi | Leland | Rhead |
Birkholz | Galloway | LeTarte | Richner |
Bobier | Geiger | Llewellyn | Rison |
Bodem | Gernaat | London | Rocca |
Bogardus | Gilmer | Lowe | Schauer |
Brackenridge | Gire | Mans | Schermesser |
Brater | Godchaux | Martinez | Schroer |
Brewer | Goschka | Mathieu | Sikkema |
Brown | Green | McBryde | Stallworth |
Byl | Gubow | McManus | Tesanovich |
Callahan | Gustafson | McNutt | Thomas |
Cassis | Hale | Middaugh | Varga |
Cherry | Hammerstrom | Middleton | Vaughn |
Ciaramitaro | Hanley | Murphy | Voorhees |
Crissman | Harder | Nye | Walberg |
Cropsey | Hertel | Olshove | Wallace |
Curtis | Horton | Owen | Wetters |
Dalman | Jansen | Oxender | Whyman |
DeHart | Jelinek | Palamara | Willard |
DeVuyst | Jellema | Parks | Wojno |
Dobb | Kaza | Perricone |
Nays--2
Jaye Johnson
In The Chair: Murphy
The House agreed to the title of the bill.
______
Rep. London moved that Rep. Gernaat be excused temporarily from today's session.
The motion prevailed.
Rep. Hammerstrom moved that Reps. Horton and Voorhees be excused temporarily from today's session.
The motion prevailed.
Rep. Gagliardi moved that the bill be given immediate effect.
The question being on the motion made by Rep. Gagliardi,
Rep. Gustafson demanded the yeas and nays.
The demand was supported.
The question being on the motion by Rep. Gagliardi,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 545 Yeas--51
Agee | DeHart | Mans | Schauer |
Anthony | Dobronski | Martinez | Schermesser |
Baade | Frank | Mathieu | Schroer |
Baird | Freeman | Murphy | Stallworth |
Basham | Gagliardi | Olshove | Tesanovich |
Bogardus | Gire | Owen | Thomas |
Brater | Gubow | Palamara | Varga |
Brewer | Hale | Parks | Vaughn |
Brown | Hanley | Price | Wallace |
Callahan | Harder | Profit | Wetters |
Cherry | Kelly | Prusi | Willard |
Ciaramitaro | LaForge | Quarles | Wojno |
Curtis | Leland | Rison |
Nays--45
Birkholz | Geiger | Jellema | Middleton |
Bobier | Gernaat | Kaza | Nye |
Bodem | Gilmer | Kukuk | Oxender |
Brackenridge | Godchaux | LeTarte | Perricone |
Cassis | Goschka | Llewellyn | Raczkowski |
Crissman | Green | London | Rhead |
Cropsey | Gustafson | Lowe | Richner |
Dalman | Hammerstrom | McBryde | Rocca |
DeVuyst | Jansen | McManus | Sikkema |
Dobb | Jaye | McNutt | Walberg |
Fitzgerald | Jelinek | Middaugh | Whyman |
Galloway
In The Chair: Murphy
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4163, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1995 PA 209.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4163 To Report Out:
Yeas: Reps. Profit, Quarles, Wetters, Perricone, Brackenridge, Cassis, Dobb, Middleton, Whyman,
Nays: None.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4743, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4m.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4743 To Report Out:
Yeas: Reps. Profit, Quarles, Wetters, Perricone, Brackenridge, Cassis, Dobb, Middleton, Whyman,
Nays: None.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4926, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending sections 24 and 31 (MCL 205.24 and 205.31), as amended by 1993 PA 14.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4926 To Report Out:
Yeas: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wetters, Wojno,
Nays: Reps. Perricone, Middleton.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
Senate Bill No. 526, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 526 To Report Out:
Yeas: Reps. Profit, Quarles, Hanley, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton, Whyman,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, June 18, 1997, at 9:00 a.m.,
Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton, Whyman,
Absent: Rep. Goschka,
Excused: Rep. Goschka.
______
The Speaker resumed the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 93.
A resolution offered as a memorial for George Wahr Sallade, former member of the House.
Whereas, With the passing of George Wahr Sallade, Michigan and Ann Arbor have lost a gentleman with remarkable energy and belief in our democracy. Grateful for his service to our state as a lawmaker, civic leader, and gentleman of principle, we offer our sympathies to his wife and family; and
Whereas, George Sallade, a graduate of the University of Michigan with both bachelor's and law degrees, was an example of the highest standards of service to others. He was a man with abundant enthusiasm for life. Much to the benefit of Michigan and his community, he channeled this energy to many positive ends. He served on the Ann Arbor City Council and was its president prior to his 1954 election to the Michigan House of Representatives. In his three terms as a lawmaker, Mr. Sallade consistently put what he felt to be the best interests of the state in front of political expediency; and
Whereas, Following his work in Lansing, George Sallade continued to work to give voice to important causes and civic concerns. He remained energized by the challenges of public policy, promoting ideas and people sharing his vision. His efforts included publishing, the law, and encouraging others to become involved in political life. A man who fought many battles all his life, including health, George Sallade used his cheerfulness to bring many good things to Michigan and Ann Arbor; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute as a memorial for George Wahr Sallade, State Representative from 1955 to 1960; and be it further
Resolved, That copies of this resolution be transmitted to his family as evidence of the esteem that will long be held for his memory.
The question being on the adoption of the resolution,
The resolution was adopted by a unanimous standing vote.
Second Reading of Bills
Senate Bill No. 526, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Hammerstrom moved that Rep. Cropsey be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 526, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.
The bill was read a third time.
The question being on the passage of the bill,
After debate,
Rep. Palamara demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 546 Yeas--86
Anthony | Frank | Kukuk | Profit |
Baade | Gagliardi | Law | Prusi |
Baird | Galloway | Leland | Quarles |
Bankes | Geiger | LeTarte | Raczkowski |
Basham | Gernaat | Llewellyn | Rhead |
Birkholz | Gilmer | London | Richner |
Bobier | Godchaux | Lowe | Rison |
Bodem | Goschka | Mans | Rocca |
Brackenridge | Green | McBryde | Schauer |
Brewer | Griffin | McManus | Schroer |
Brown | Gustafson | McNutt | Sikkema |
Byl | Hale | Middaugh | Tesanovich |
Callahan | Hammerstrom | Middleton | Thomas |
Cassis | Hanley | Murphy | Varga |
Cherry | Harder | Nye | Vaughn |
Crissman | Hertel | Olshove | Voorhees |
Dalman | Horton | Owen | Walberg |
DeHart | Jansen | Oxender | Wallace |
DeVuyst | Jaye | Palamara | Wetters |
Dobb | Jelinek | Parks | Whyman |
Dobronski | Johnson | Perricone | Willard |
Fitzgerald Kaza
Nays--17
Agee | Gire | Kelly | Mathieu |
Bogardus | Gubow | Kilpatrick | Price |
Brater | Hood | LaForge | Stallworth |
Curtis | Jellema | Martinez | Wojno |
Freeman
In The Chair: Hertel
Pursuant to Joint Rule 20, the full title of the bill shall read as follows:
"An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".
The House agreed to the full title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
The House returned to the consideration of
Senate Bill No. 174, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 1998; to provide for the imposition of fees; to create certain work groups and committees; to provide for reports; to create certain funds; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials, local units of government, committees, and work groups; and to provide for the expenditure of the appropriations.
(The bill was considered earlier today, see today's Journal, p. 1305.)
Rep. London moved to amend the bill as follows:
1. Amend page 28, line 1, after "The" by striking out "department of treasury shall perform" and inserting "legislative auditor general shall perform performance.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Willard moved to amend the bill as follows:
1. Amend page 44, following line 17, by inserting:
"Sec. 714. The department shall issue information to all law enforcement agencies explaining the state laws which limit the length of time that railroads may block crossings and encourage law enforcement agencies to strictly enforce the statutory time limits with regard to crossing blockages.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 7, line 19, by striking out "753,769,500" and inserting "758,769,500".
2. Amend page 8, line 6, by striking out all of line 6 and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Jaye,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 547 Yeas--33
Bankes | Gilmer | Johnson | Raczkowski |
Birkholz | Gire | Kaza | Rhead |
Bogardus | Godchaux | Kukuk | Richner |
Brackenridge | Goschka | Law | Rocca |
Brewer | Green | LeTarte | Sikkema |
Cassis | Gustafson | Martinez | Voorhees |
Crissman | Jansen | Middleton | Walberg |
Dobb | Jaye | Perricone | Whyman |
Galloway
Nays--70
Agee | Fitzgerald | Kilpatrick | Palamara |
Anthony | Frank | LaForge | Parks |
Baade | Freeman | Leland | Price |
Baird | Gagliardi | Llewellyn | Prusi |
Basham | Geiger | London | Quarles |
Bobier | Gernaat | Lowe | Rison |
Bodem | Griffin | Mans | Schauer |
Brater | Gubow | Mathieu | Schermesser |
Brown | Hale | McBryde | Schroer |
Byl | Hammerstrom | McManus | Stallworth |
Callahan | Hanley | McNutt | Tesanovich |
Cherry | Harder | Middaugh | Thomas |
Ciaramitaro | Hertel | Murphy | Vaughn |
Curtis | Hood | Nye | Wallace |
Dalman | Horton | Olshove | Wetters |
DeHart | Jelinek | Owen | Willard |
DeVuyst | Jellema | Oxender | Wojno |
Dobronski Kelly
In The Chair: Hertel
Rep. Jaye moved to amend the bill as follows:
1. Amend page 25, following line 10, by inserting:
"Sec. 322. The department shall solicit proposals from private vendors including, but not limited to, restaurants and gas stations to operate rest areas and roadside stands along highway rights-of-way.".
The question being on the adoption of the amendment offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jaye,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 548 Yeas--19
Birkholz | DeVuyst | Jaye | Rhead |
Bobier | Dobb | Kaza | Rocca |
Brewer | Geiger | Llewellyn | Voorhees |
Cassis | Godchaux | Lowe | Willard |
Ciaramitaro | Goschka | Raczkowski |
Nays--83
Agee | Freeman | Kilpatrick | Perricone |
Anthony | Gagliardi | Kukuk | Price |
Baade | Galloway | LaForge | Profit |
Baird | Gernaat | Law | Prusi |
Bankes | Gilmer | Leland | Quarles |
Basham | Gire | LeTarte | Richner |
Bodem | Green | London | Rison |
Bogardus | Griffin | Mans | Schauer |
Brackenridge | Gubow | Martinez | Schermesser |
Brater | Gustafson | Mathieu | Sikkema |
Brown | Hale | McBryde | Stallworth |
Byl | Hammerstrom | McManus | Tesanovich |
Callahan | Hanley | McNutt | Thomas |
Cherry | Harder | Middaugh | Varga |
Crissman | Hertel | Middleton | Vaughn |
Curtis | Hood | Nye | Walberg |
Dalman | Horton | Olshove | Wallace |
DeHart | Jelinek | Owen | Wetters |
Dobronski | Jellema | Oxender | Whyman |
Fitzgerald | Johnson | Palamara | Wojno |
Frank | Kelly | Parks |
In The Chair: Hertel
Rep. Jaye moved to amend the bill as follows:
1. Amend page 44, line 15, after "efficiency." by inserting "It is not the intent of the legislature that the authority be granted the power of condemnation of private property.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
______
Rep. Hammerstrom moved that Reps. Geiger and Raczkowski be excused temporarily from today's session.
The motion prevailed.
Rep. Curtis moved that Rep. Murphy be excused temporarily from today's session.
The motion prevailed.
Rep. Richner moved to amend the bill as follows:
1. Amend page 17, following line 18, by inserting:
"Sec. 218. The department shall cooperate with local road agencies on recommendations for changes to the state highway map to allow color coding or another appropriate system of marking roads and streets so that motorists may easily determine who has responsibility for specific roads or streets.".
The question being on the adoption of the amendment offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Richner,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 549 Yeas--92
Agee | Dobronski | Jellema | Parks |
Baade | Fitzgerald | Johnson | Perricone |
Baird | Frank | Kaza | Price |
Bankes | Freeman | Kelly | Profit |
Birkholz | Gagliardi | Kukuk | Quarles |
Bobier | Galloway | Law | Rhead |
Bodem | Gernaat | Leland | Richner |
Bogardus | Gilmer | LeTarte | Rocca |
Brackenridge | Gire | Llewellyn | Schauer |
Brater | Godchaux | Lowe | Schermesser |
Brewer | Goschka | Mans | Schroer |
Brown | Green | Martinez | Sikkema |
Byl | Griffin | Mathieu | Stallworth |
Callahan | Gubow | McBryde | Tesanovich |
Cassis | Gustafson | McManus | Thomas |
Ciaramitaro | Hale | McNutt | Varga |
Crissman | Hammerstrom | Middaugh | Vaughn |
Cropsey | Harder | Middleton | Voorhees |
Curtis | Hertel | Nye | Walberg |
Dalman | Horton | Olshove | Wetters |
DeHart | Jansen | Owen | Whyman |
DeVuyst | Jaye | Oxender | Willard |
Dobb | Jelinek | Palamara | Wojno |
Nays--12
Anthony | Emerson | Kilpatrick | Prusi |
Basham | Hanley | LaForge | Rison |
Cherry | Hood | London | Wallace |
In The Chair: Hertel
Reps. Stallworth and Harder moved to amend the bill as follows:
1. Amend page 25, following line 10, by inserting:
"Sec. 322. The department shall produce a critical bridge repair list in collaboration with municipalities with populations of 200,000 or more for presentation to the house and senate appropriations subcommittees on transportation on or before December 15, 1997. The report shall include repair plans and time line projections for all bridges which have not been serviced in 5 or more years as well as those whose deteriorating structure endangers public safety.".
The question being on the adoption of the amendment offered by Reps. Stallworth and Harder,
Rep. Stallworth demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Stallworth and Harder,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 550 Yeas--102
Agee | Emerson | Johnson | Parks |
Anthony | Fitzgerald | Kaza | Perricone |
Baade | Frank | Kelly | Price |
Baird | Freeman | Kilpatrick | Profit |
Bankes | Gagliardi | Kukuk | Prusi |
Basham | Galloway | LaForge | Quarles |
Birkholz | Gernaat | Law | Rhead |
Bobier | Gilmer | Leland | Richner |
Bodem | Gire | LeTarte | Rison |
Bogardus | Godchaux | Llewellyn | Rocca |
Brackenridge | Goschka | London | Schauer |
Brater | Green | Lowe | Schermesser |
Brewer | Griffin | Mans | Schroer |
Brown | Gubow | Martinez | Sikkema |
Byl | Gustafson | Mathieu | Stallworth |
Callahan | Hale | McBryde | Tesanovich |
Cassis | Hammerstrom | McManus | Thomas |
Cherry | Hanley | McNutt | Vaughn |
Ciaramitaro | Harder | Middaugh | Voorhees |
Cropsey | Hertel | Middleton | Walberg |
Curtis | Hood | Nye | Wallace |
Dalman | Horton | Olshove | Wetters |
DeHart | Jansen | Owen | Whyman |
DeVuyst | Jaye | Oxender | Willard |
Dobb | Jelinek | Palamara | Wojno |
Dobronski Jellema
Nays--0
In The Chair: Hertel
Reps. Hale and Godchaux moved to amend the bill as follows:
1. Amend page 33, following line 22, by inserting:
"Sec. 605. The department of transportation shall work with the southeast Michigan council of governments and any community task force groups organized by communities lying along the Telegraph road corridor to conduct the necessary planning and surveying activities necessary to make needed improvements to the Telegraph road corridor. The department shall provide a 30% match to any local funds provided by community task force groups for such planning purposes related to segments of the corridor within their respective areas.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Jaye and Goschka moved to amend the bill as follows:
1. Amend page 33, following line 22, following section 605, by inserting:
"Sec. 606. Of the amount of state funds appropriated for road and bridge projects under this act, the department, counties, and cities and villages shall, whenever possible, secure warranties for contracted construction work.".
The question being on the adoption of the amendment offered by Reps. Jaye and Goschka,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Jaye and Goschka,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 551 Yeas--101
Agee | Emerson | Jellema | Parks |
Anthony | Fitzgerald | Johnson | Perricone |
Baade | Frank | Kaza | Price |
Baird | Freeman | Kelly | Profit |
Bankes | Gagliardi | Kilpatrick | Prusi |
Basham | Galloway | Kukuk | Quarles |
Birkholz | Gernaat | Law | Rhead |
Bobier | Gilmer | Leland | Richner |
Bodem | Gire | LeTarte | Rison |
Bogardus | Godchaux | Llewellyn | Rocca |
Brackenridge | Goschka | Lowe | Schauer |
Brater | Green | Mans | Schermesser |
Brewer | Griffin | Martinez | Sikkema |
Brown | Gubow | Mathieu | Stallworth |
Callahan | Gustafson | McBryde | Tesanovich |
Cassis | Hale | McManus | Thomas |
Cherry | Hammerstrom | McNutt | Varga |
Ciaramitaro | Hanley | Middaugh | Vaughn |
Crissman | Harder | Middleton | Voorhees |
Cropsey | Hertel | Murphy | Walberg |
Curtis | Hood | Nye | Wallace |
Dalman | Horton | Olshove | Wetters |
DeHart | Jansen | Owen | Whyman |
DeVuyst | Jaye | Oxender | Willard |
Dobb | Jelinek | Palamara | Wojno |
Dobronski
Nays--4
Byl LaForge London Schroer
In The Chair: Hertel
______
The Speaker called the Associate Speaker Pro Tempore to the Chair.
Rep. Schermesser moved to amend the bill as follows:
1. Amend page 7, following line 12, by inserting:
"State matching funds to local units 100,000,000".
2. Amend page 7, line 22, by striking out "0" and inserting "100,000,000" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 25, following line 10, by inserting:
"Sec. 323. The appropriation in section 101 for state matching funds to local units shall be used to provide a 50% match from general fund/general purpose revenue on all property tax revenue collected by local units of government in the state through the levying of millages specifically for the purposes of road repair and maintenance. The state match shall apply to all such millage revenue raised between October 1, 1996 and September 30, 1998. If the funding required to meet the provisions of this section exceed the amount appropriated in section 101 for this purpose, the allocations to local units shall be prorated based on the proportion of each local unit's road millage collections to overall state road millage collections.".
The question being on the adoption of the amendments offered by Rep. Schermesser,
Rep. Jellema demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Schermesser,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 552 Yeas--63
Agee | Freeman | Law | Rhead |
Anthony | Gagliardi | Leland | Rison |
Baade | Gernaat | Mans | Schauer |
Basham | Gire | Martinez | Schermesser |
Bodem | Goschka | Mathieu | Schroer |
Bogardus | Green | McNutt | Stallworth |
Brater | Griffin | Middaugh | Tesanovich |
Brewer | Gubow | Murphy | Thomas |
Brown | Hale | Olshove | Varga |
Callahan | Hanley | Owen | Vaughn |
Cherry | Hertel | Palamara | Wallace |
Ciaramitaro | Hood | Parks | Wetters |
DeHart | Kelly | Price | Whyman |
Dobronski | Kilpatrick | Profit | Willard |
Emerson | Kukuk | Prusi | Wojno |
Frank | LaForge | Quarles |
Nays--38
Bankes | Fitzgerald | Jellema | Middleton |
Birkholz | Galloway | Johnson | Nye |
Bobier | Gilmer | Kaza | Oxender |
Brackenridge | Godchaux | LeTarte | Perricone |
Byl | Gustafson | Llewellyn | Richner |
Crissman | Hammerstrom | London | Rocca |
Cropsey | Horton | Lowe | Sikkema |
Dalman | Jansen | McBryde | Voorhees |
DeVuyst | Jaye | McManus | Walberg |
Dobb Jelinek
In The Chair: Gire
Rep. Wetters moved to amend the bill as follows:
1. Amend page 25, following line 10, following section 323, by inserting:
"Sec. 324. The department shall ensure that all privatization projects to be continued beyond a first term demonstrate cost savings in that first term. Any privatization projects that do not demonstrate that they save tax dollars shall not be continued.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Jansen and Byl moved to amend the bill as follows:
1. Amend page 11, following line 6, by inserting:
"Grand Rapids area transit authority 1,000".
2. Amend page 11, line 7, by striking out "19,487,000" and inserting "19,486,000" and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Anthony moved to amend the bill as follows:
1. Amend page 33, following line 22, following section 606, by inserting:
"Sec. 607. From the funds appropriated in section 101, the department shall provide for the construction of 2 modern, indoor rest facilities. One shall be located along US-2 in Delta County, another shall be constructed along M-28 between Newberry and Marquette.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved to amend the bill as follows:
1. Amend page 33, following line 22, following section 607, by inserting:
"Sec. 608. No monies shall be appropriated for right-of-way purchase or new road construction by the Michigan department of transportation within the geographic boundaries of Resort township and Bear Creek township, in Emmet county, Michigan, until completion of an independent study of a route proposed by the city of Petoskey, Resort township, and Bear Creek township to include existing road improvements and limited new road construction; and until MDOT and all effected local governments have agreed on the final location and design of any proposed road project within that geographic boundary. MDOT is authorized to participate in the study, design, and construction of the final agreed road project.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Jellema moved to amend the bill as follows:
1. Amend page 24, line 14, by striking out all of section 319.
The question being on the adoption of the amendment offered by Rep. Jellema,
Rep. Jellema demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jellema,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 553 Yeas--49
Bankes | Geiger | Jellema | Middaugh |
Birkholz | Gernaat | Johnson | Nye |
Bobier | Gilmer | Kaza | Oxender |
Bodem | Godchaux | Kukuk | Perricone |
Brackenridge | Goschka | Law | Rhead |
Byl | Green | LeTarte | Richner |
Crissman | Gustafson | Llewellyn | Rocca |
Cropsey | Hammerstrom | London | Sikkema |
Dalman | Horton | Lowe | Varga |
DeVuyst | Jansen | McBryde | Voorhees |
Dobb | Jaye | McManus | Walberg |
Fitzgerald | Jelinek | McNutt | Whyman |
Galloway
Nays--52
Agee | Emerson | Kilpatrick | Quarles |
Anthony | Frank | LaForge | Raczkowski |
Baird | Freeman | Leland | Rison |
Basham | Gagliardi | Mans | Schauer |
Bogardus | Gire | Mathieu | Schermesser |
Brater | Griffin | Murphy | Schroer |
Brewer | Gubow | Olshove | Tesanovich |
Brown | Hale | Owen | Thomas |
Callahan | Hanley | Palamara | Vaughn |
Cherry | Harder | Parks | Wallace |
Ciaramitaro | Hertel | Price | Wetters |
DeHart | Hood | Profit | Willard |
Dobronski | Kelly | Prusi | Wojno |
In The Chair: Gire
______
Rep. Hammerstrom moved that Rep. Dalman be excused temporarily from today's session.
The motion prevailed.
Rep. Kukuk moved to amend the bill as follows:
1. Amend page 33, line 9, after the first "the" by inserting "completion of the improvements for M-59 in Macomb county,".
The question being on the adoption of the amendment offered by Rep. Kukuk,
Rep. Kukuk demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Kukuk,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 554 Yeas--102
Agee | Fitzgerald | Kelly | Price |
Anthony | Frank | Kilpatrick | Profit |
Baade | Freeman | Kukuk | Prusi |
Baird | Gagliardi | LaForge | Quarles |
Bankes | Galloway | Law | Raczkowski |
Basham | Geiger | Leland | Rhead |
Birkholz | Gernaat | LeTarte | Richner |
Bobier | Gilmer | Llewellyn | Rison |
Bodem | Gire | London | Rocca |
Bogardus | Godchaux | Lowe | Schauer |
Brackenridge | Goschka | Mans | Schermesser |
Brater | Green | Martinez | Schroer |
Brewer | Griffin | Mathieu | Sikkema |
Brown | Gubow | McBryde | Stallworth |
Callahan | Gustafson | McManus | Tesanovich |
Cassis | Hale | McNutt | Thomas |
Cherry | Hammerstrom | Middaugh | Varga |
Ciaramitaro | Hanley | Middleton | Vaughn |
Crissman | Harder | Nye | Voorhees |
Cropsey | Hood | Olshove | Walberg |
Curtis | Horton | Owen | Wallace |
DeHart | Jansen | Oxender | Wetters |
DeVuyst | Jaye | Palamara | Whyman |
Dobb | Jelinek | Parks | Willard |
Dobronski | Johnson | Perricone | Wojno |
Emerson Kaza
Nays--2
Byl Jellema
In The Chair: Gire
Reps. Jellema and Harder moved to amend the bill as follows:
1. Amend page 11, line 6, by striking out "2,000,000" and inserting "2,050,000".
2. Amend page 11, line 7, by striking out "19,486,000" and inserting "19,436,000" and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Stallworth moved to amend the bill as follows:
1. Amend page 33, following line 22, following section 608, by inserting:
"Sec. 609. Revenue raised through citations on commercial vehicles transporting overweight, divisible loads shall be deposited into and distributed from the comprehensive transportation fund.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Jellema and Gilmer moved to amend the bill as follows:
1. Amend page 11, following line 23, by inserting:
"Sec. 102. There is appropriated for the state transportation department and certain state purposes designated in this act for the fiscal year ending September 30, 1997, from the following funds:
STATE TRANSPORTATION DEPARTMENT
APPROPRIATION SUMMARY:
Gross appropriation $ 100,000,000
State general fund/general purpose $ 100,000,000".
2. Amend page 32, following line 27, by inserting:
"Sec. 510. (1) For the fiscal year ending September 30, 1997 only, there is appropriated the sum of $100,000,000.00 from the fund to the Michigan transportation fund. The amount appropriated shall be distributed to the state, counties, and cities and villages according to the formula in section 10(1)(b)(vi) of 1951 PA 51, MCL 247.660.
(2) Funds distributed under this section shall be used only for resurfacing and repair of existing roads with the appropriate materials based on accepted engineering standards. Nothing in this section shall preclude the use of any department approved construction method or material. Funds distributed under this section shall be considered supplementary to existing funds and shall not be used for any of the following:
(a) New construction.
(b) To supplement or replace funds for road or bridge projects in progress on the effective date of this section.
(c) Administrative costs of the road agency.
(3) Funds not expended for the purposes of this section by September 30, 1997 shall be considered a work project and shall not be returned to the state for deposit in the fund but shall remain available for expenditure for the purposes for which appropriated.".
The question being on the adoption of the amendments offered by Reps. Jellema and Gilmer,
Rep. Jellema demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Jellema and Gilmer,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 555 Yeas--103
Agee | Emerson | Johnson | Parks |
Anthony | Fitzgerald | Kaza | Perricone |
Baade | Frank | Kelly | Price |
Baird | Freeman | Kilpatrick | Profit |
Bankes | Gagliardi | Kukuk | Prusi |
Basham | Galloway | LaForge | Quarles |
Birkholz | Geiger | Law | Raczkowski |
Bobier | Gernaat | Leland | Rhead |
Bodem | Gilmer | LeTarte | Richner |
Bogardus | Gire | Llewellyn | Rison |
Brackenridge | Godchaux | London | Rocca |
Brater | Goschka | Lowe | Schermesser |
Brewer | Green | Mans | Schroer |
Brown | Griffin | Martinez | Sikkema |
Byl | Gubow | Mathieu | Tesanovich |
Callahan | Gustafson | McBryde | Thomas |
Cassis | Hale | McManus | Varga |
Cherry | Hammerstrom | McNutt | Vaughn |
Ciaramitaro | Hanley | Middaugh | Voorhees |
Crissman | Harder | Middleton | Walberg |
Cropsey | Hertel | Murphy | Wallace |
Curtis | Horton | Nye | Wetters |
DeHart | Jansen | Olshove | Whyman |
DeVuyst | Jaye | Owen | Willard |
Dobb | Jelinek | Oxender | Wojno |
Dobronski | Jellema | Palamara |
Nays--0
In The Chair: Gire
Rep. Cassis moved to amend the bill as follows:
1. Amend page 17, following line 18, following section 218, by inserting:
"Sec. 219. The department may participate in a study for the design of a Wixom/Beck Road interchange along the I-96 corridor.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Rep. Gagliardi moved that Rule 49 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 174, entitled
A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 1998; to provide for the imposition of fees; to create certain work groups and committees; to provide for reports; to create certain funds; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials, local units of government, committees, and work groups; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 556 Yeas--98
Agee | Dobronski | Kelly | Profit |
Anthony | Emerson | Kilpatrick | Prusi |
Baade | Fitzgerald | Kukuk | Quarles |
Baird | Frank | LaForge | Raczkowski |
Bankes | Freeman | Law | Rhead |
Basham | Gagliardi | Leland | Richner |
Birkholz | Galloway | London | Rison |
Bodem | Gernaat | Lowe | Rocca |
Bogardus | Gilmer | Mans | Schauer |
Brackenridge | Gire | Martinez | Schermesser |
Brater | Godchaux | Mathieu | Schroer |
Brewer | Goschka | McBryde | Sikkema |
Brown | Green | McManus | Stallworth |
Byl | Griffin | McNutt | Tesanovich |
Callahan | Gubow | Middaugh | Thomas |
Cassis | Hale | Middleton | Varga |
Cherry | Hammerstrom | Murphy | Vaughn |
Ciaramitaro | Hanley | Nye | Voorhees |
Crissman | Harder | Olshove | Walberg |
Cropsey | Hertel | Owen | Wallace |
Curtis | Hood | Oxender | Wetters |
Dalman | Horton | Palamara | Whyman |
DeHart | Jansen | Parks | Willard |
DeVuyst | Jelinek | Price | Wojno |
Dobb Kaza
Nays--9
Bobier | Jaye | Johnson | Llewellyn |
Geiger | Jellema | LeTarte | Perricone |
Gustafson
In The Chair: Gire
The House agreed to the title of the bill.
______
Rep. Hammerstrom moved that Reps. Jansen and McNutt be excused temporarily from today's session.
The motion prevailed.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Gustafson moved to reconsider the vote by which the House gave the bill immediate effect.
The motion prevailed, a majority of the members present voting therefor.
The question being on giving the bill immediate effect,
Rep. Hertel demanded the yeas and nays.
The demand was supported.
The question being on giving the bill immediate effect,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 557 Yeas--102
Agee | Dobronski | Kaza | Price |
Anthony | Emerson | Kelly | Profit |
Baade | Fitzgerald | Kilpatrick | Prusi |
Baird | Frank | Kukuk | Quarles |
Bankes | Freeman | LaForge | Raczkowski |
Basham | Gagliardi | Law | Rhead |
Birkholz | Galloway | Leland | Richner |
Bobier | Geiger | LeTarte | Rison |
Bodem | Gernaat | Llewellyn | Rocca |
Bogardus | Gilmer | London | Schauer |
Brackenridge | Gire | Lowe | Schermesser |
Brater | Godchaux | Mans | Schroer |
Brewer | Goschka | Martinez | Sikkema |
Brown | Green | Mathieu | Stallworth |
Byl | Griffin | McBryde | Tesanovich |
Callahan | Gubow | McManus | Thomas |
Cassis | Gustafson | Middaugh | Varga |
Cherry | Hale | Middleton | Vaughn |
Ciaramitaro | Hammerstrom | Murphy | Voorhees |
Crissman | Hanley | Olshove | Walberg |
Cropsey | Harder | Owen | Wallace |
Curtis | Hertel | Oxender | Wetters |
Dalman | Hood | Palamara | Whyman |
DeHart | Horton | Parks | Willard |
DeVuyst | Jelinek | Perricone | Wojno |
Dobb Jellema
Nays--2
Jaye Nye
In The Chair: Gire
______
Rep. Kilpatrick asked and obtained a temporary excuse from today's session.
Second Reading of Bills
Senate Bill No. 167, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Brewer moved to amend the bill as follows:
1. Amend page 27, line 9, after "budget" by inserting a comma and "the house and senate appropriations committees, the house and senate fiscal agencies, and the house and senate standing committees having jurisdiction over technology issues,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bobier moved to amend the bill as follows:
1. Amend page 29, line 9, after "to" by striking out the balance of the sentence and inserting "establish a program for monitoring oil and gas production meters.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 30, following line 24, by inserting:
"Sec. 505. The department shall replace wetlands eliminated due to transportation projects on a 1-for-1 basis with wetlands of equal size.".
The question being on the adoption of the amendment offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jaye,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 558 Yeas--40
Bankes | Gernaat | Kukuk | Perricone |
Birkholz | Gilmer | LeTarte | Raczkowski |
Byl | Goschka | Llewellyn | Rhead |
Cassis | Green | London | Richner |
Crissman | Gustafson | Lowe | Rocca |
Cropsey | Hammerstrom | McBryde | Sikkema |
Dalman | Horton | McManus | Voorhees |
Dobb | Jaye | Middaugh | Walberg |
Galloway | Jellema | Middleton | Whyman |
Geiger | Johnson | Nye | Willard |
Nays--61
Agee | DeHart | Jelinek | Price |
Anthony | DeVuyst | Kaza | Profit |
Baade | Dobronski | Kelly | Prusi |
Baird | Emerson | LaForge | Quarles |
Basham | Fitzgerald | Law | Rison |
Bobier | Frank | Leland | Schauer |
Bodem | Freeman | Mans | Schermesser |
Bogardus | Gagliardi | Martinez | Schroer |
Brackenridge | Gire | Mathieu | Stallworth |
Brater | Godchaux | Murphy | Tesanovich |
Brewer | Gubow | Olshove | Thomas |
Brown | Hale | Owen | Vaughn |
Callahan | Hanley | Oxender | Wallace |
Cherry | Harder | Palamara | Wetters |
Ciaramitaro | Hood | Parks | Wojno |
Curtis
In The Chair: Gire
Rep. Tesanovich moved to amend the bill as follows:
1. Amend page 12, line 21, by striking out "21,500,000" and inserting "23,500,000".
2. Amend page 12, line 26, by striking out "21,952,300" and inserting "19,952,300" and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Tesanovich moved to amend the bill as follows:
1. Amend page 14, line 8, by striking out "500,000" and inserting "10,000".
2. Amend page 14, line 23, by striking out "801,000" and inserting "311,000" and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Basham moved to amend the bill as follows:
1. Amend page 28, following line 10, by inserting:
"Sec. 217. Beginning on the effective date of this act, for at least 3 years after terminating his or her employment with the Michigan department of environmental quality, a person shall not accept employment with or enter into a contractual relationship with a person or entity that has or had obtained a permit from the department, is regulated by the department, or has been subject to a department enforcement or compliance action.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Gernaat, McManus and McBryde moved to amend the bill as follows:
1. Amend page 42, line 15, after "County" by inserting a comma and "$100,000.00 shall be allocated to Osceola County".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Wetters moved to amend the bill as follows:
1. Amend page 28, following line 10, following section 217, by inserting:
"Sec. 218. The department shall ensure that all privatization projects to be continued beyond a first term demonstrate cost savings in that first term. Any privatization projects that do not demonstrate that they save tax dollars shall not be continued.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Willard and Hale moved to amend the bill as follows:
1. Amend page 12, following line 8, by inserting:
"St. Clair river sampling and investigation 10,000".
2. Amend page 12, line 26, by striking out "19,952,300" and inserting "21,962,300" and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Reps. Brown, Schermesser and Law moved to amend the bill as follows:
1. Amend page 9, following line 2, by inserting:
"Volunteer river, stream, and creek cleanup program 100,000".
2. Amend page 9, line 3, by striking out "13,031,700" and inserting "13,131,700".
3. Amend page 9, line 14, by striking out "7,231,900" and inserting "7,331,900" and adjusting the subtotals, totals and section 201 accordingly.
4. Amend page 30, following line 24, by inserting:
"Sec. 505. The $100,000.00 appropriation in section 101 for volunteer river, stream and creek cleanup programs shall be distributed on a statewide basis to volunteer organizations for stream, river, and creek cleanup projects. Funds shall be distributed through a simplified application process providing up to $5,000.00 to organizations, providing a 50% match. Priority shall be given to existing volunteer organizations and targeted to those watersheds with documented pollution problems.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Kukuk moved to amend the bill as follows:
1. Amend page 31, line 22, after "activities." by inserting "Using funds designated by this section, the department shall conduct testing of the environmental impact of South Macomb Disposal Authority's landfill sites 9 and 9a on the McBride Drain.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Frank moved to amend the bill as follows:
1. Amend page 28, following line 10, following section 218, by inserting:
"Sec. 219. A department receiving funds under this act shall not use those funds to do any of the following:
(a) Engage the services under contract or subcontract of a person who has retired from employment in a department under the early retirement program under section 19f of the state employees' retirement act, 1943 PA 240, MCL 38.19f.
(b) Enter into a personal services contract with, or hire under contract a person described in subdivision (a).
(c) Pay an independent contractor that hires or subcontracts with a person described in subdivision (a) to perform the service or function.".
The question being on the adoption of the amendment offered by Rep. Frank,
Rep. Hood demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Frank,
After debate,
Rep. Callahan demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the amendment offered by Rep. Frank,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 559 Yeas--99
Agee | Emerson | Johnson | Perricone |
Anthony | Fitzgerald | Kaza | Price |
Baade | Frank | Kelly | Profit |
Baird | Freeman | Kilpatrick | Prusi |
Bankes | Gagliardi | Kukuk | Quarles |
Basham | Galloway | LaForge | Raczkowski |
Bobier | Geiger | Law | Rhead |
Bodem | Gernaat | Leland | Richner |
Bogardus | Gilmer | Llewellyn | Rison |
Brackenridge | Gire | London | Rocca |
Brater | Godchaux | Lowe | Schauer |
Brewer | Goschka | Mans | Schermesser |
Brown | Green | Martinez | Sikkema |
Byl | Griffin | Mathieu | Stallworth |
Callahan | Gubow | McBryde | Tesanovich |
Cassis | Gustafson | McManus | Thomas |
Cherry | Hale | McNutt | Varga |
Crissman | Hammerstrom | Middaugh | Vaughn |
Cropsey | Hanley | Middleton | Voorhees |
Curtis | Harder | Murphy | Walberg |
Dalman | Hood | Olshove | Wetters |
DeHart | Horton | Owen | Whyman |
DeVuyst | Jansen | Oxender | Willard |
Dobb | Jaye | Palamara | Wojno |
Dobronski | Jellema | Parks |
Nays--2
LeTarte Schroer
In The Chair: Gire
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that Rule 49 be suspended.
The motion prevailed.
______
Rep. Hammerstrom moved that Rep. Jelinek be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 167, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1998; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 560 Yeas--97
Agee | Dobronski | Jellema | Price |
Anthony | Emerson | Kilpatrick | Profit |
Baade | Fitzgerald | Kukuk | Prusi |
Baird | Frank | LaForge | Quarles |
Bankes | Freeman | Law | Raczkowski |
Basham | Gagliardi | Leland | Rhead |
Birkholz | Galloway | Llewellyn | Richner |
Bobier | Geiger | London | Rison |
Bodem | Gernaat | Lowe | Rocca |
Bogardus | Gilmer | Mans | Schauer |
Brackenridge | Gire | Martinez | Schermesser |
Brater | Godchaux | Mathieu | Schroer |
Brewer | Goschka | McBryde | Sikkema |
Brown | Green | McManus | Stallworth |
Callahan | Griffin | McNutt | Tesanovich |
Cassis | Gubow | Middaugh | Thomas |
Cherry | Hale | Middleton | Varga |
Ciaramitaro | Hammerstrom | Murphy | Vaughn |
Crissman | Hanley | Nye | Voorhees |
Cropsey | Harder | Olshove | Walberg |
Curtis | Hertel | Oxender | Wallace |
Dalman | Hood | Palamara | Wetters |
DeHart | Horton | Parks | Willard |
DeVuyst | Jansen | Perricone | Wojno |
Dobb
Nays--4
Jaye Johnson Kaza Whyman
In The Chair: Gire
The House agreed to the title of the bill.
______
Rep. Jaye, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against the DEQ budget because it still allows up to a 4 to 1 replacement of wetlands paved over by road projects. It costs taxpayers over $1 million to pave 1 mile of roads. A large part of road construction costs are due to this excessive rule to create 4 times the number of wetlands that are destroyed. It costs over $30,000 to build one acre of wetlands. These excessive wetland restoration rules have made a Shelby township neighborhood pond smelly, unfit for swimming and vermin infested. The wetland restoration rules cost taxpayers $4,140,000 last year alone. Wetland expansion should occur in the parks budget not road budget."
Rep. Kaza, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Anyone concerned about the stewardship of our state's natural resources has grave concerns about the performance of the so-called state Department of Environmental Quality.
The DEQ should never have been split off from the state Department of Natural Resources in the first place. The performance of the DEQ since that time, especially its support for government secrecy in environmental decision-making, deem this budget unworthy of support."
Rep. Gagliardi moved that the bill be given immediate effect.
The question being on the motion made by Rep. Gagliardi,
Rep. Gustafson demanded the yeas and nays.
The demand was supported.
The question being on the motion by Rep. Gagliardi,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 561 Yeas--53
Anthony | Emerson | Kilpatrick | Prusi |
Baade | Frank | LaForge | Quarles |
Baird | Freeman | Leland | Rison |
Basham | Gagliardi | London | Schauer |
Bogardus | Galloway | Mans | Schermesser |
Brater | Gire | Mathieu | Schroer |
Brewer | Griffin | Murphy | Stallworth |
Brown | Gubow | Olshove | Tesanovich |
Callahan | Hale | Owen | Thomas |
Cherry | Hanley | Palamara | Varga |
Ciaramitaro | Harder | Parks | Vaughn |
Curtis | Hood | Price | Wallace |
DeHart | Kelly | Profit | Wojno |
Dobronski
Nays--47
Bankes | Fitzgerald | Jellema | Nye |
Birkholz | Geiger | Kaza | Oxender |
Bobier | Gernaat | Kukuk | Perricone |
Bodem | Gilmer | Law | Raczkowski |
Brackenridge | Godchaux | LeTarte | Rhead |
Byl | Goschka | Llewellyn | Richner |
Cassis | Green | Lowe | Rocca |
Crissman | Gustafson | McBryde | Sikkema |
Cropsey | Hammerstrom | McManus | Voorhees |
Dalman | Horton | McNutt | Walberg |
DeVuyst | Jansen | Middaugh | Whyman |
Dobb | Jaye | Middleton |
In The Chair: Gire
Second Reading of Bills
House Bill No. 4791, entitled
A bill to provide regulations and prohibitions concerning certain dangerous exotic animals; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials; to provide standards for the care of certain dangerous exotic animals; and to prescribe penalties and provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hanley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4791, entitled
A bill to provide regulations and prohibitions concerning certain dangerous exotic animals; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials; to provide standards for the care of certain dangerous exotic animals; and to prescribe penalties and provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 562 Yeas--95
Baade | Emerson | Kukuk | Price |
Baird | Frank | LaForge | Profit |
Bankes | Freeman | Law | Prusi |
Basham | Gagliardi | Leland | Quarles |
Birkholz | Galloway | LeTarte | Raczkowski |
Bobier | Gernaat | Llewellyn | Rhead |
Bodem | Gire | London | Richner |
Bogardus | Godchaux | Lowe | Rison |
Brackenridge | Goschka | Mans | Rocca |
Brater | Green | Martinez | Schauer |
Brewer | Griffin | Mathieu | Schermesser |
Brown | Gubow | McBryde | Schroer |
Byl | Hale | McManus | Sikkema |
Callahan | Hammerstrom | McNutt | Stallworth |
Cassis | Hanley | Middaugh | Tesanovich |
Cherry | Harder | Middleton | Thomas |
Ciaramitaro | Hertel | Murphy | Varga |
Crissman | Hood | Nye | Vaughn |
Curtis | Horton | Olshove | Voorhees |
Dalman | Jansen | Owen | Walberg |
DeHart | Jellema | Oxender | Whyman |
DeVuyst | Kaza | Palamara | Willard |
Dobb | Kelly | Parks | Wojno |
Dobronski | Kilpatrick | Perricone |
Nays--7
Anthony Fitzgerald Gustafson Wetters
Cropsey Geiger Jaye
In The Chair: Gire
The House agreed to the title of the bill.
Reps. Anthony, Baade, Basham, Brackenridge, Cassis, Ciaramitaro, DeHart, DeVuyst, Kelly, Kukuk, Middaugh, Parks, Profit, Schauer, Schermesser, Thomas, Vaughn and Voorhees were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4792, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 429.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Prusi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4792, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 429.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 563 Yeas--100
Baade | Frank | Kilpatrick | Price |
Baird | Freeman | Kukuk | Profit |
Bankes | Gagliardi | LaForge | Prusi |
Birkholz | Galloway | Law | Quarles |
Bobier | Geiger | Leland | Raczkowski |
Bodem | Gernaat | LeTarte | Rhead |
Bogardus | Gilmer | Llewellyn | Richner |
Brackenridge | Gire | London | Rison |
Brater | Godchaux | Lowe | Rocca |
Brewer | Goschka | Mans | Schauer |
Brown | Green | Martinez | Schermesser |
Byl | Griffin | Mathieu | Schroer |
Callahan | Gubow | McBryde | Sikkema |
Cassis | Gustafson | McManus | Stallworth |
Cherry | Hale | McNutt | Tesanovich |
Ciaramitaro | Hammerstrom | Middaugh | Thomas |
Crissman | Hanley | Middleton | Varga |
Curtis | Harder | Murphy | Vaughn |
Dalman | Hertel | Nye | Voorhees |
DeHart | Hood | Olshove | Walberg |
DeVuyst | Horton | Owen | Wallace |
Dobb | Jansen | Oxender | Wetters |
Dobronski | Jellema | Palamara | Whyman |
Emerson | Kaza | Parks | Willard |
Fitzgerald | Kelly | Perricone | Wojno |
Nays--3
Anthony Cropsey Jaye
In The Chair: Gire
The House agreed to the title of the bill.
Reps. Anthony, Baade, Basham, Brackenridge, Cassis, Ciaramitaro, DeVuyst, Gubow, Kelly, LaForge, Middaugh, Murphy, Palamara, Parks, Profit, Schauer, Schermesser, Stallworth, Thomas, Vaughn and Voorhees were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4793, entitled
A bill to provide regulations and prohibitions concerning wolf hybrids; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials with respect to certain canids; to provide standards for the care of wolf hybrids; and to prescribe penalties and provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1)* previously recommended by the Committee on Health Policy,
The substitute (H-1)* was adopted, a majority of the members serving voting therefor.
Rep. Law moved to amend the bill as follows:
1. Amend page 3, line 5, after "cross" by striking out the balance of the sentence and inserting a period.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Prusi moved to amend the bill as follows:
1. Amend page 1, line 2, by striking out " "wolf-dog cross act" " and inserting " "Angie Nickerson act" ".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Law moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4793, entitled
A bill to provide regulations and prohibitions concerning wolf hybrids; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials with respect to certain canids; to provide standards for the care of wolf hybrids; and to prescribe penalties and provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 564 Yeas--96
Anthony | Dobronski | Kilpatrick | Price |
Baade | Emerson | Kukuk | Profit |
Baird | Frank | LaForge | Prusi |
Bankes | Freeman | Law | Quarles |
Basham | Gagliardi | Leland | Raczkowski |
Birkholz | Galloway | LeTarte | Rhead |
Bobier | Gernaat | Llewellyn | Richner |
Bodem | Gire | London | Rison |
Bogardus | Godchaux | Lowe | Rocca |
Brackenridge | Goschka | Mans | Schauer |
Brater | Griffin | Martinez | Schermesser |
Brewer | Gubow | Mathieu | Schroer |
Brown | Hale | McBryde | Sikkema |
Byl | Hammerstrom | McManus | Stallworth |
Callahan | Hanley | McNutt | Tesanovich |
Cassis | Harder | Middaugh | Thomas |
Cherry | Hertel | Middleton | Varga |
Ciaramitaro | Hood | Murphy | Vaughn |
Crissman | Horton | Nye | Voorhees |
Curtis | Jansen | Olshove | Walberg |
Dalman | Jelinek | Oxender | Wallace |
DeHart | Jellema | Palamara | Whyman |
DeVuyst | Kaza | Parks | Willard |
Dobb | Kelly | Perricone | Wojno |
Nays--9
Cropsey | Gilmer | Gustafson | Owen |
Fitzgerald | Green | Jaye | Wetters |
Geiger
In The Chair: Gire
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to provide regulations and prohibitions concerning wolf-dog crosses; to impose fees; to prescribe the powers and duties of certain federal, state, and local governmental entities and officials with respect to certain canids; to provide standards for the care of wolf-dog crosses; and to prescribe penalties and provide remedies.
The motion prevailed.
The House agreed to the title as amended.
Reps. Anthony, Baade, Basham, Brackenridge, Ciaramitaro, DeHart, Hale, Kaza, Kelly, LaForge, Middaugh, Murphy, Parks, Profit, Schauer, Schermesser, Stallworth, Tesanovich, Thomas, Vaughn, Voorhees and Wojno were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4055, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11117a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Conservation, Environment and Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Varga moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4055, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11117a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 565 Yeas--99
Anthony | Dobronski | Kaza | Parks |
Baade | Emerson | Kelly | Perricone |
Baird | Fitzgerald | Kilpatrick | Price |
Bankes | Frank | Kukuk | Raczkowski |
Basham | Freeman | LaForge | Rhead |
Birkholz | Galloway | Law | Richner |
Bobier | Geiger | Leland | Rison |
Bodem | Gernaat | LeTarte | Rocca |
Bogardus | Gire | Llewellyn | Schauer |
Brackenridge | Godchaux | London | Schermesser |
Brater | Goschka | Lowe | Schroer |
Brewer | Green | Mans | Sikkema |
Brown | Griffin | Martinez | Stallworth |
Byl | Gubow | Mathieu | Tesanovich |
Callahan | Gustafson | McBryde | Thomas |
Cassis | Hale | McManus | Varga |
Cherry | Hammerstrom | McNutt | Vaughn |
Ciaramitaro | Hanley | Middaugh | Voorhees |
Crissman | Harder | Middleton | Walberg |
Cropsey | Hertel | Murphy | Wallace |
Curtis | Horton | Nye | Wetters |
Dalman | Jansen | Olshove | Whyman |
DeHart | Jaye | Owen | Willard |
DeVuyst | Jelinek | Oxender | Wojno |
Dobb | Jellema | Palamara |
Nays--3
Gilmer Johnson Profit
In The Chair: Gire
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11118a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anthony, Bogardus, Brater, Callahan, DeHart, DeVuyst, Gagliardi, Gire, Goschka, Kaza, Kelly, Law, Palamara, Parks, Schermesser, Vaughn and Voorhees were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4636, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as added by 1995 PA 71.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Conservation, Environment and Recreation (for amendment, see House Journal No. 51, p. 1118),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4636, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as added by 1995 PA 71.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 566 Yeas--101
Anthony | Fitzgerald | Kilpatrick | Price |
Baade | Frank | Kukuk | Profit |
Baird | Gagliardi | LaForge | Prusi |
Bankes | Galloway | Law | Quarles |
Basham | Geiger | Leland | Raczkowski |
Birkholz | Gernaat | LeTarte | Rhead |
Bobier | Gilmer | Llewellyn | Richner |
Bodem | Gire | London | Rison |
Bogardus | Godchaux | Lowe | Rocca |
Brackenridge | Goschka | Mans | Schauer |
Brater | Green | Martinez | Schermesser |
Brewer | Griffin | Mathieu | Schroer |
Brown | Gubow | McBryde | Sikkema |
Byl | Gustafson | McManus | Stallworth |
Callahan | Hale | McNutt | Tesanovich |
Cassis | Hammerstrom | Middaugh | Thomas |
Cherry | Hanley | Middleton | Varga |
Ciaramitaro | Harder | Murphy | Vaughn |
Crissman | Hertel | Nye | Voorhees |
Curtis | Horton | Olshove | Walberg |
Dalman | Jansen | Owen | Wallace |
DeHart | Jellema | Oxender | Wetters |
DeVuyst | Johnson | Palamara | Whyman |
Dobb | Kaza | Parks | Willard |
Dobronski | Kelly | Perricone | Wojno |
Emerson
Nays--2
Cropsey Jaye
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, June 24, at 10:00 a.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Griffin, Kelly, Scott, Schermesser, Murphy, Parks, DeHart, LaForge, Hale and Bodem offered the following resolution:
House Resolution No. 91.
A resolution to memorialize the Congress of the United States to designate "America the Beautiful" as the national anthem.
Whereas, As our country prepares for the new challenges and opportunities of the twenty-first century, it is appropriate to examine the image our nation will project into the next millenium. With the remarkable changes that have taken place in the closing decade of this century, the United States is poised to take on a unique leadership role. Our people sincerely hope this leadership will foster greater peace and self-determination around the world; and
Whereas, "The Star Spangled Banner" was designated as our national anthem in 1931 by legislation signed by President Hoover (36 USC § 170). This song, with lyrics penned to celebrate the bravery of American forces at the bombardment of Fort McHenry during the War of 1812, highlights the military commitment of our country to maintaining our liberties. While this anthem has served our national image well, especially during armed conflicts and the threats of the cold war, this song depicts only part of the greatness of our beloved country; and
Whereas, The American character, ideals, and blessings are reflected magnificently in "America the Beautiful." Composed in 1893 by Katherine Lee Bates, this inspiring work frames our highest hopes in a melody that is beautiful, simple, and easy to sing. The lyrics to this song capture the glories of our natural resources, respect for our cherished history, and understanding of the challenges we face as a people of many backgrounds seeking to work together for the good of all; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to designate "America the Beautiful" as the national anthem; 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, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on House Oversight and Ethics.
Reps. Vaughn, Thomas, Kelly, Baird, Scott, Price, Gubow, Freeman, Harder, Willard, Kilpatrick, Schauer, Anthony, Murphy, Brater, Martinez, Hanley, Parks, Cherry, DeHart, LaForge, Wetters, Goschka, Hale, Richner, Quarles, Bodem, Bankes, Raczkowski, Geiger, Tesanovich and Profit offered the following resolution:
House Resolution No. 92.
A resolution to commemorate June 19, 1997, as Juneteenth Day in Michigan.
Whereas, While popular history notes that the Civil War ended with the surrender at Appomattox and that our nation began on July 4, 1776, in reality, neither of these events were accorded their full measure of effectiveness until June 19, 1865. On that day, when Union General Gordon Granger landed at Galveston, Texas, to present and read General Order No. 3, the notion of "Liberty for all" became a reality as the Emancipation Proclamation went into effect across the entire United States to end slavery; and
Whereas, Former slaves in Texas and the neighboring states of Arkansas and Louisiana soon began observing the breaking of the yoke of slavery as "Juneteenth Day." This holiday to mark the end of the legalized imprisonment of hopes and dreams slowly spread to other parts of the country. With the increased movement of people during the twentieth century, the practice of observing this historic occasion became widespread. During the rebirth of historic awareness and ethnic pride fostered during the civil rights movement, the observance of Juneteenth Day became a source of identification for African Americans across the entire nation; and
Whereas, Today, as people in Michigan and elsewhere look back to the past, they do so with an increased appreciation for the strength of the men, women, and children who endured unspeakable cruelties for generations in bondage. The courage, fortitude, and resilience of these individuals set an example of strength that has a lesson for every single American today, regardless of background or race. Juneteenth Day serves to remind us of the struggles of the past and those yet before us; now, therefore, be it
Resolved by the House of Representatives, That we commemorate June 19, 1997, as Juneteenth Day in Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to coordinators of this observance.
Pending the reference of the resolution to a committee,
Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Reps. Wojno, Freeman, Wallace, Hale, Callahan, Hanley, Mans, Olshove, Thomas, Schermesser, Schauer, Brown, Agee, Bogardus, Brewer, Frank, Quarles, Kilpatrick, Varga, Profit, DeHart, Ciaramitaro, Rison, Gubow, Willard and Kukuk offered the following resolution:
House Resolution No. 94.
A resolution to memorialize the Congress, the President, and the Federal Trade Commission to maintain existing standards for the use of the "Made in USA" label.
Whereas, The consumers of this country are well served by regulations on the labeling of products. A requirement that has been most effective in informing potential purchasers of the quality of an item is the standard for indicating where something is made. Since 1994, this has been even more helpful to consumers by regulations set for "Made in USA (or "Made in America") labels. At that time, federal law was amended to require that "all or virtually all" of a product had to be domestically made to qualify for the label; and
Whereas, The Federal Trade Commission is reviewing the impact of the "Made in USA" standards. One proposal suggests that the standards be changed significantly, so that a product could carry the label with less American-made content. Under the proposal, a product would qualify for the label with at least seventy-five percent of manufacturing costs incurred in the United States or with the final two production steps completed here; and
Whereas, The proposed new standards would amount to false advertising. Making it easier for foreign-made products to be identified as made here is misleading to our consumers. Our national policies should encourage other countries to increase their standards for workers and conditions rather than make it easier for them to pass their goods off as American made. To alter these requirements would be an affront to companies and workers already adhering to practices Americans appreciate highly; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress, the President, and the Federal Trade Commission to maintain existing standards for the use of the "Made in USA" label; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the Michigan congressional delegation, and the members of the Federal Trade Commission.
The resolution was referred to the Committee on Labor and Occupational Safety.
Reps. Wojno, Freeman, Wallace, Hale, Callahan, Hanley, Mans, Olshove, Thomas, Schermesser, Schauer, Brown, Agee, Bogardus, Brewer, Frank, Quarles, Kilpatrick, Varga, Profit, DeHart, Ciaramitaro, Rison, Gubow, Willard and Kukuk offered the following concurrent resolution:
House Concurrent Resolution No. 46.
A concurrent resolution to memorialize the Congress, the President, and the Federal Trade Commission to maintain existing standards for the use of the "Made in USA" label.
Whereas, The consumers of this country are well served by regulations on the labeling of products. A requirement that has been most effective in informing potential purchasers of the quality of an item is the standard for indicating where something is made. Since 1994, this has been even more helpful to consumers by regulations set for "Made in USA" (or "Made in America") labels. At that time, federal law was amended to require that "all or virtually all" of a product had to be domestically made to qualify for the label; and
Whereas, The Federal Trade Commission is reviewing the impact of the "Made in USA" standards. One proposal suggests that the standards be changed significantly, so that a product could carry the label with less American-made content. Under the proposal, a product would qualify for the label with at least seventy-five percent of manufacturing costs incurred in the United States or with the final two production steps completed here; and
Whereas, The proposed new standards would amount to false advertising. Making it easier for foreign-made products to be identified as made here is misleading to our consumers. Our national policies should encourage other countries to increase their standards for workers and conditions rather than make it easier for them to pass their goods off as American made. To alter these requirements would be an affront to companies and workers already adhering to practices Americans appreciate highly; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress, the President, and the Federal Trade Commission to maintain existing standards for the use of the "Made in USA" label; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the Michigan congressional delegation, and the members of the Federal Trade Commission.
The concurrent resolution was referred to the Committee on Labor and Occupational Safety.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 18, for his approval of the following bills:
Enrolled House Bill No. 4329 at 2:50 p.m.
Enrolled House Bill No. 4606 at 2:52 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, June 19:
House Bill Nos. 4927 4931 4941
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Insurance, by Rep. Gubow, Chair, reported
House Bill No. 4905, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 150, 244, 405, 436, 437, 810, 901, and 2125 (MCL 500.150, 500.244, 500.405, 500.436, 500.437, 500.810, 500.901, and 500.2125), sections 150, 244, 436, and 437 as amended by 1992 PA 182, section 405 as amended by 1994 PA 228, section 810 as amended by 1986 PA 173, and section 901 as amended by 1994 PA 226.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 26, following line 17, by inserting:
"Enacting section 1. Section 405 of the insurance code of 1956, 1956 PA 218, MCL 500.405, as amended by this amendatory act, is remedial and applies to foreign insurers that have undergone a change of control on or after June 27, 1994.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4905 To Report Out:
Yeas: Reps. Gubow, Bogardus, Dobronski, Freeman, Palamara, Profit, Thomas, Varga, Vaughn,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gubow, Chair of the Committee on Insurance, was received and read:
Meeting held on: Wednesday, June 18, 1997, at 6:21 p.m.,
Present: Reps. Gubow, Scott, Bogardus, Dobronski, Freeman, Palamara, Profit, Thomas, Varga, Vaughn, Llewellyn, Green, London,
Absent: Reps. Jelinek, Law, Middaugh, Voorhees,
Excused: Reps. Jelinek, Law, Middaugh, Voorhees.
The Committee on Transportation, by Rep. Leland, Chair, reported
House Bill No. 4284, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 1984 PA 328.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 14, by inserting:
"(6) ONE YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ELIMINATED THE REQUIREMENT OF WEARING A CRASH HELMET WHILE OPERATING OR RIDING A MOTORCYCLE FOR A PERSON WHO IS 21 YEARS OF AGE OR OLDER AND ANNUALLY THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT ON THE IMPACT THE ELIMINATION OF THE CRASH HELMET REQUIREMENT HAS HAD ON MOTORCYCLE ACCIDENTS, INJURIES, AND FATALITIES TO THE HOUSE AND SENATE STANDING COMMITTEES ON TRANSPORTATION.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4284 To Report Out:
Yeas: Reps. Leland, Brown, Curtis, Olshove, Schauer, Galloway, Gernaat, Green, Middleton,
Nays: Reps. Baade, Wojno, London, Birkholz, Byl.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leland, Chair of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, June 18, 1997, at 6:23 p.m.,
Present: Reps. Leland, Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,
Absent: Rep. Mans,
Excused: Rep. Mans.
The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported
House Bill No. 4330, entitled
A bill to license and regulate the conducting of bingo and certain forms of gambling; to provide for the conducting of charity games and numeral games; to impose certain duties and authority upon certain state departments, agencies, and officers; to provide a tax exemption; to provide for remedies and penalties; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4330 To Report Out:
Yeas: Reps. Varga, Wojno, Anthony, Leland, Olshove, Quarles, Scott, Fitzgerald, Rocca,
Nays: None.
The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported
House Bill No. 4857, entitled
A bill to authorize the department of transportation to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4857 To Report Out:
Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Scott, Fitzgerald, Jaye, Richner, Rocca, Voorhees,
Nays: None.
The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported
Senate Bill No. 262, entitled
A bill to amend 1929 PA 16, entitled "An act to regulate the business of carrying or transporting, buying, selling or dealing in crude oil or petroleum or its products, through pipe lines; to authorize the use of public highways and the condemnation of private property; to regulate the purchase and storage of crude oil or petroleum; to provide for the control and regulation of all corporations, associations and persons engaged in such business, by the Michigan public utilities commission; to define the powers and duties of the commission in relation thereto; and to prescribe penalties for violations of the provisions hereof," (MCL 483.1 to 483.11) by adding sections 2a and 2b.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 262 To Report Out:
Yeas: Reps. Varga, Wojno, Leland, Quarles, Scott, Fitzgerald, Jaye, Richner, Rocca, Voorhees,
Nays: None.
The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported
Senate Bill No. 408, entitled
A bill to repeal 1941 PA 309, entitled "An act to give the state board of examiners of barbers jurisdiction to investigate trade practices among barbers, haircutters, barber and haircutting schools and colleges; to enforce such regulations pertaining to reasonable service charges and reasonable hours of operation of barber shops, haircutting shops, barber and haircutting schools and colleges as will tend to eliminate unfair and insanitary practices; fixing territorial units for such regulations; regulating barber schools, haircutting schools and colleges and practices therein; and repealing all acts and parts of acts in conflict herewith," (MCL 338.651 to 338.662).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 408 To Report Out:
Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Scott, Fitzgerald, Jaye, Richner, Rocca, Voorhees,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:
Meeting held on: Thursday, June 19, 1997, at 8:30 a.m.,
Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Quarles, Scott, Fitzgerald, Jaye, Richner, Rocca, Voorhees,
Absent: Reps. Profit, Vaughn, Scranton,
Excused: Reps. Profit, Vaughn, Scranton.
The Committee on Urban Policy and Economic Development, by Rep. Hanley, Chair, reported
House Bill No. 4898, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4898 To Report Out:
Yeas: Reps. Hanley, Schauer, Baird, LaForge, Thomas, Cassis, Byl, Raczkowski, Voorhees,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hanley, Chair of the Committee on Urban Policy and Economic Development, was received and read:
Meeting held on: Thursday, June 19, 1997, at 5:27 p.m.,
Present: Reps. Hanley, Schauer, Baird, LaForge, Thomas, Cassis, Byl, Raczkowski, Voorhees.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wetters, Chair of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, June 19, 1997, at 8:30 a.m.,
Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Gernaat, Jelinek, Nye,
Absent: Rep. Horton,
Excused: Rep. Horton.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Freeman, Chair of the Committee on Corrections, was received and read:
Meeting held on: Thursday, June 19, 1997, at 8:30 a.m.,
Present: Reps. Freeman, Callahan, DeHart, Jaye, Nye, Perricone,
Absent: Reps. Mans, Agee, Galloway,
Excused: Reps. Mans, Agee, Galloway.
Notices
Public Hearing
Subcommittee on Equal Access to Health Care for Economically Disadvantaged
of the Standing Committee on Health Policy
Date: Monday, June 23, 1997
Time: 6:00 p.m.
Place: Corinthian Baptist Church
1725 Caniff
Hamtramck, Michigan
Rep. Murphy
Sub-Chair
Agenda: Issues and Concerns regarding the Detroit Medical Center
and any/or all business properly before this committee.
Introduction of Bills
Reps. Scranton, Dobb, Dobronski, Oxender, LeTarte, Godchaux, Stallworth, Geiger, Jelinek, Raczkowski, Birkholz, Jaye, Cassis and Perricone introduced
House Bill No. 4943, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 1994 PA 272.
The bill was read a first time by its title and referred to the Committee on Public Retirement.
Reps. Griffin, Palamara, Gernaat and Middaugh introduced
House Bill No. 4944, entitled
A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending section 4 (MCL 450.224), as amended by 1990 PA 166.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Baade, Agee, Martinez, Lowe, Hanley, Goschka, Jellema, Llewellyn, Brater, Hale, LeTarte, Green and Voorhees introduced
House Bill No. 4945, entitled
A bill to designate a bridge on highway M-120 within the city of North Muskegon as the Leonard "Bud" Jaeger bridge; and to prescribe the duties of the state transportation department.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Prusi, Tesanovich, Agee, McBryde, Kelly, Goschka and McNutt introduced
House Bill No. 4946, entitled
A bill to amend 1965 PA 203, entitled "Michigan law enforcement officers training council act of 1965," by amending section 9 (MCL 28.609), as amended by 1994 PA 155.
The bill was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Wetters moved that the House adjourn.
The motion prevailed, the time being 6:10 p.m.
The Associate Speaker Pro Tempore declared the House adjourned until Tuesday, June 24, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.