No. 48

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Wednesday, May 26, 1999.

10:00 a.m.

The House was called to order by Associate Speaker Pro Tempore Patterson.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Allen--present

Baird--e/d/s

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Carlee Hoffman, Student Leader at Covenant Christian Reformed Church in Cutlerville, offered the following invocation:

"Dear Father in Heaven, we come to You in reverence and respect, and we thank You that we live in a country where we are free to worship You. We thank You for all of the Representatives here in Lansing, who are willing to represent the people of Michigan, to try to make things better for our state. We pray for our entire country, our President and our leaders as they are constantly making decisions that effect all of us. We especially pray now for the war that is going on in Kosovo, and we ask that all people everywhere can stop being prejudice and learn to accept each other no matter what their race, religion or disabilities may be. We pray for all the kids everywhere who are afraid of going to their schools for fear that something violent may happen to them or their friends. We ask that You would help the kids who are feeling so troubled that they would even think of doing harm to other students or teachers. Please put people in their paths that are willing and able to help them before anymore kids are injured. We ask now, dear Lord, that You will be with Governor Engler, the Senate and every Representative here as they begin this day. Help them to look to You for guidance as they make decisions that will effect the people in Michigan. Thank You for being our God, and being Lord over all things. In Your name we pray. Amen."

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 79.

A resolution to urge the Department of Environmental Quality to commence cleanup work on Tannery Bay in White Lake in Muskegon County.

(For text of resolution, see House Journal No. 37, p. 704.)

(The resolution was reported by the Committee on Great Lakes and Tourism on May 20 with substitute (H-1), consideration of which was postponed until May 25 under the rules.)

(For substitute, see House Journal No. 46, p. 983.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Introduction of Bills

Reps. Koetje, Woronchak, Bovin, DeWeese, Toy, Kuipers, Hart, Voorhees, Garcia and Green introduced

House Bill No. 4732, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Bisbee, Garcia, Kowall, Van Woerkom, LaSata, Mortimer, Richardville, Gilbert and Shackleton introduced

House Bill No. 4733, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending the title and sections 3, 4, 5, 6, and 8 (MCL 125.2683, 125.2684, 125.2685, 125.2686, and 125.2688) and by adding section 8a.

The bill was read a first time by its title and referred to the Committee on Economic Development.

______

Rep. Middaugh moved that Rep. Birkholz be excused temporarily from today's session.

The motion prevailed.

Rep. Jellema moved that Rep. Stamas be excused temporarily from today's session.

The motion prevailed.

Rep. Frank moved that Rep. Cherry be excused temporarily from today's session.

The motion prevailed.

Rep. Hart moved that Rep. Byl be excused temporarily from today's session.

The motion prevailed.

Rep. Raczkowski moved that Reps. Geiger and Scranton be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4418, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 316 (MCL 484.2316), as amended by 1997 PA 183.

(The bill was received from the Senate on May 25, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 1076.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 503 Yeas--102

 

Allen	Gieleghem	LaForge	Rison
Basham	Gilbert	LaSata	Rivet
Bisbee	Godchaux	Law	Rocca
Bishop	Gosselin	Lemmons	Sanborn
Bogardus	Green	Lockwood	Schauer
Bovin	Hager	Mans	Schermesser
Bradstreet	Hale	Martinez	Scott
Brater	Hanley	Mead	Shackleton
Brewer	Hansen	Middaugh	Sheltrown
Brown, B.	Hardman	Minore	Shulman
Brown, C.	Hart	Mortimer	Spade
Callahan	Howell	Neumann	Stallworth
Cassis	Jacobs	O'Neil	Switalski
Caul	Jamnick	Pappageorge	Tabor
Clark, I.	Jansen	Patterson	Tesanovich
Clarke, H.	Jelinek	Perricone	Thomas
DeHart	Jellema	Pestka	Toy
Dennis	Johnson, Rick	Price	Van Woerkom
DeRossett	Johnson, Ruth	Prusi	Vander Roest
DeVuyst	Julian	Pumford	Vaughn
DeWeese	Kelly	Quarles	Vear
Ehardt	Kilpatrick	Raczkowski	Voorhees
Faunce	Koetje	Reeves	Wojno
Frank	Kowall	Richardville	Woodward
Garcia	Kuipers	Richner	Woronchak

Garza Kukuk

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

Second Reading of Bills

House Bill No. 4640, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 34 of chapter IX and sections 31, 43, 46, and 48 of chapter XVII (MCL 769.34, 777.31, 777.43, 777.46, and 777.48), section 34 of chapter IX as amended and sections 31, 43, 46, and 48 of chapter XVII as added by 1998 PA 317.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Criminal Law and Corrections (for amendments, see House Journal No. 45, p. 935),

The amendments were adopted, a majority of the members serving voting therefor.

Rep. Faunce 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. Raczkowski 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. 4640, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 34 of chapter IX and sections 31, 43, 46, and 48 of chapter XVII (MCL 769.34, 777.31, 777.43, 777.46, and 777.48), section 34 of chapter IX as amended and sections 31, 43, 46, and 48 of chapter XVII as added by 1998 PA 317.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Kilpatrick moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Second Reading of Bills

House Bill No. 4696, entitled

A bill to amend 1965 PA 7, entitled "An act to authorize the department of conservation to sell certain lands and buildings located thereon owned by the department of conservation in the township of Waterford, Oakland county; and to provide for the disposition of the revenue received therefrom," by amending section 2 and by adding section 2a.

The bill was read a second time.

Rep. Kowall 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. Raczkowski 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. 4696, entitled

A bill to amend 1965 PA 7, entitled "An act to authorize the department of conservation to sell certain lands and buildings located thereon owned by the department of conservation in the township of Waterford, Oakland county; and to provide for the disposition of the revenue received therefrom," by amending section 2 and by adding section 2a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 504 Yeas--107

 

Allen	Frank	Kowall	Rison
Basham	Garcia	Kuipers	Rivet
Birkholz	Garza	Kukuk	Rocca
Bisbee	Geiger	LaForge	Sanborn
Bishop	Gieleghem	LaSata	Schauer
Bogardus	Gilbert	Law	Schermesser
Bovin	Godchaux	Lemmons	Scott
Bradstreet	Gosselin	Lockwood	Scranton
Brater	Green	Mans	Shackleton
Brewer	Hager	Martinez	Sheltrown
Brown, B.	Hale	Mead	Shulman
Brown, C.	Hanley	Middaugh	Spade
Byl	Hansen	Mortimer	Stamas
Callahan	Hardman	Neumann	Switalski
Cassis	Hart	O'Neil	Tabor
Caul	Howell	Pappageorge	Tesanovich
Cherry	Jacobs	Patterson	Thomas
Clark, I.	Jamnick	Perricone	Toy
Clarke, H.	Jansen	Pestka	Van Woerkom
Daniels	Jelinek	Price	Vander Roest
DeHart	Jellema	Prusi	Vaughn
Dennis	Johnson, Rick	Pumford	Vear
DeRossett	Johnson, Ruth	Quarles	Voorhees
DeVuyst	Julian	Raczkowski	Wojno
DeWeese	Kelly	Reeves	Woodward
Ehardt	Kilpatrick	Richardville	Woronchak
Faunce	Koetje	Richner

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Raczkowski moved that the bill be given immediate effect.

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

Second Reading of Bills

Senate Bill No. 79, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the 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. Neumann moved to amend the bill as follows:

1. Amend page 18, following line 19, by inserting:

"Sec. 312. (1) The travel Michigan bureau shall utilize the travel resource center at Michigan state university or any other appropriate agency or resource to conduct a study regarding the effects of bovine tuberculosis on the tourism and travel industry of this state.

(2) The travel Michigan bureau shall compile the results of the study and issue a report by March 2000. The report shall be provided to the senate and house full appropriations committees and the appropriate standing committees of the senate and the house of representatives.".

The question being on the adoption of the amendment offered by Rep. Neumann,

Rep. Neumann demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Neumann,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 505 Yeas--51

 

Basham	Frank	Mans	Schermesser
Bogardus	Garza	Martinez	Scott
Bradstreet	Gieleghem	Minore	Shackleton
Brater	Hale	Neumann	Sheltrown
Brewer	Hanley	O'Neil	Spade
Brown, B.	Hansen	Pestka	Stallworth
Callahan	Jacobs	Price	Switalski
Cherry	Jamnick	Prusi	Tesanovich
Clark, I.	Kelly	Quarles	Thomas
Clarke, H.	Kilpatrick	Reeves	Vaughn
Daniels	LaForge	Rison	Wojno
DeHart	Lemmons	Rivet	Woodward
Dennis	Lockwood	Schauer

Nays--56

 

Allen	Garcia	Johnson, Ruth	Pumford
Birkholz	Geiger	Julian	Raczkowski
Bisbee	Gilbert	Koetje	Richardville
Bishop	Godchaux	Kowall	Richner
Bovin	Gosselin	Kuipers	Rocca
Brown, C.	Green	Kukuk	Sanborn
Byl	Hager	LaSata	Shulman
Cassis	Hardman	Law	Stamas
Caul	Hart	Mead	Tabor
DeRossett	Howell	Middaugh	Toy
DeVuyst	Jansen	Mortimer	Vander Roest
DeWeese	Jelinek	Pappageorge	Vear
Ehardt	Jellema	Patterson	Voorhees
Faunce	Johnson, Rick	Perricone	Woronchak

In The Chair: Patterson

______

Rep. Baird entered the House Chambers.

Rep. Van Woerkom moved that Rep. Byl be excused temporarily from today's session.

The motion prevailed.

Rep. LaForge moved to reconsider the vote by which the House did not adopt the amendment offered by Rep. Neumann.

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

The question being on the adoption of the amendment offered by Rep. Neumann,

Rep. Neumann demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Neumann,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 506 Yeas--50

 

Baird	DeHart	Mans	Schauer
Basham	Frank	Martinez	Schermesser
Bogardus	Garza	Minore	Scott
Bovin	Hale	Neumann	Shackleton
Bradstreet	Hanley	O'Neil	Sheltrown
Brater	Hansen	Pestka	Spade
Brewer	Hardman	Price	Stallworth
Brown, B.	Jacobs	Prusi	Switalski
Callahan	Jamnick	Quarles	Tesanovich
Cherry	Kelly	Reeves	Thomas
Clark, I.	Kilpatrick	Rison	Vaughn
Clarke, H.	LaForge	Rivet	Wojno

Daniels Lockwood

Nays--54

 

Allen	Godchaux	Kuipers	Richner
Birkholz	Gosselin	Kukuk	Rocca
Bisbee	Green	LaSata	Sanborn
Bishop	Hager	Law	Scranton
Brown, C.	Hart	Mead	Shulman
Cassis	Howell	Middaugh	Stamas
Caul	Jansen	Mortimer	Tabor
DeRossett	Jelinek	Pappageorge	Toy
DeVuyst	Jellema	Patterson	Van Woerkom
DeWeese	Johnson, Rick	Perricone	Vander Roest
Ehardt	Johnson, Ruth	Pumford	Vear
Faunce	Julian	Raczkowski	Voorhees
Garcia	Koetje	Richardville	Woronchak

Gilbert Kowall

In The Chair: Patterson

Rep. Neumann moved to amend the bill as follows:

1. Amend page 2, line 20, by striking out "8,042,500" and inserting "8,242,500" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 18, following line 19, by inserting:

"Sec. 312. Of the funds appropriated for the Michigan promotion program, $200,000.00 shall be used to promote tourism activities in the northeast region of the state and is conditioned upon the travel Michigan office working cooperatively with the sunrise side in determining how this funding shall be allocated.".

The question being on the adoption of the amendments offered by Rep. Neumann,

Rep. Neumann demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Neumann,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 507 Yeas--51

 

Baird	Dennis	Lockwood	Schauer
Basham	Frank	Mans	Schermesser
Bogardus	Garza	Martinez	Scott
Bovin	Gieleghem	Minore	Shackleton
Brater	Hale	Neumann	Sheltrown
Brewer	Hanley	O'Neil	Stallworth
Brown, B.	Hansen	Pestka	Switalski
Callahan	Hardman	Price	Tesanovich
Cherry	Jacobs	Prusi	Thomas
Clark, I.	Jamnick	Quarles	Vaughn
Clarke, H.	Kelly	Reeves	Wojno
Daniels	LaForge	Rison	Woodward
DeHart	Lemmons	Rivet

Nays--56

 

Allen	Geiger	Koetje	Richner
Birkholz	Gilbert	Kowall	Rocca
Bisbee	Godchaux	Kuipers	Sanborn
Bishop	Gosselin	Kukuk	Scranton
Bradstreet	Green	LaSata	Shulman
Brown, C.	Hager	Law	Spade
Cassis	Hart	Mead	Stamas
Caul	Howell	Middaugh	Tabor
DeRossett	Jansen	Mortimer	Toy
DeVuyst	Jelinek	Pappageorge	Van Woerkom
DeWeese	Jellema	Patterson	Vander Roest
Ehardt	Johnson, Rick	Pumford	Vear
Faunce	Johnson, Ruth	Raczkowski	Voorhees
Garcia	Julian	Richardville	Woronchak

In The Chair: Patterson

______

Rep. Raczkowski moved that Rep. Birkholz be excused temporarily from today's session.

The motion prevailed.

Rep. Prusi moved to amend the bill as follows:

1. Amend page 18, following line 19, by inserting:

"Sec. 312. As a condition of receiving the appropriation in part 1, the Michigan strategic fund shall report to the house and senate appropriations committees and fiscal agencies on October 1, 1999, the annual salaries of all nonclassified employees working for the agency and/or the Michigan economic development corporation. In addition, the agency shall report by September 30, 2000, the total amount of compensation, including all bonuses, that were paid to these same employees.".

The question being on the adoption of the amendment offered by Rep. Prusi,

Rep. Prusi demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Prusi,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 508 Yeas--51

 

Baird	Dennis	Lockwood	Schauer
Basham	Frank	Mans	Schermesser
Bogardus	Garza	Martinez	Scott
Bovin	Gieleghem	Minore	Sheltrown
Brater	Hale	Neumann	Spade
Brewer	Hanley	O'Neil	Stallworth
Brown, B.	Hansen	Pestka	Switalski
Callahan	Hardman	Price	Tesanovich
Cherry	Jamnick	Prusi	Thomas
Clark, I.	Kelly	Quarles	Vaughn
Clarke, H.	Kilpatrick	Reeves	Wojno
Daniels	LaForge	Rison	Woodward
DeHart	Lemmons	Rivet

Nays--54

 

Allen	Gilbert	Kowall	Richner
Bisbee	Godchaux	Kuipers	Rocca
Bishop	Gosselin	Kukuk	Sanborn
Brown, C.	Green	LaSata	Scranton
Byl	Hager	Law	Shackleton
Cassis	Hart	Mead	Shulman
Caul	Howell	Middaugh	Stamas
DeRossett	Jansen	Mortimer	Tabor
DeVuyst	Jelinek	Pappageorge	Van Woerkom
DeWeese	Jellema	Patterson	Vander Roest
Ehardt	Johnson, Rick	Pumford	Vear
Faunce	Johnson, Ruth	Raczkowski	Voorhees
Garcia	Julian	Richardville	Woronchak

Geiger Koetje

In The Chair: Patterson

______

Rep. Quarles moved that Rep. Rison be excused temporarily from today's session.

The motion prevailed.

Rep. Raczkowski moved that Rep. Caul be excused temporarily from today's session.

The motion prevailed.

Rep. Woodward moved to amend the bill as follows:

1. Amend page 9, line 10, after "section." by inserting "Economic development job training funds shall not be used for the training of employees in positions above first level management.".

The question being on the adoption of the amendment offered by Rep. Woodward,

Rep. Woodward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Woodward,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 509 Yeas--43

 

Baird	DeHart	Kilpatrick	Reeves
Basham	Dennis	LaForge	Rivet
Bogardus	Garza	Lemmons	Schermesser
Bovin	Gieleghem	Lockwood	Scott
Brater	Hale	Mans	Stallworth
Brewer	Hanley	Martinez	Switalski
Brown, B.	Hansen	Minore	Tesanovich
Callahan	Hardman	O'Neil	Thomas
Clark, I.	Jacobs	Price	Wojno
Clarke, H.	Jamnick	Prusi	Woodward
Daniels	Kelly	Quarles

Nays--62

 

Allen	Godchaux	LaSata	Sanborn
Bisbee	Gosselin	Law	Schauer
Bishop	Green	Mead	Scranton
Bradstreet	Hager	Middaugh	Shackleton
Brown, C.	Hart	Mortimer	Sheltrown
Byl	Howell	Neumann	Shulman
Cassis	Jansen	Pappageorge	Spade
Cherry	Jelinek	Patterson	Stamas
DeRossett	Jellema	Perricone	Tabor
DeVuyst	Johnson, Rick	Pestka	Toy
DeWeese	Johnson, Ruth	Pumford	Van Woerkom
Ehardt	Julian	Raczkowski	Vander Roest
Faunce	Koetje	Richardville	Vear
Frank	Kowall	Richner	Voorhees
Garcia	Kuipers	Rocca	Woronchak

Gilbert Kukuk

In The Chair: Patterson

______

Rep. DeHart moved that Rep. Schermesser be excused temporarily from today's session.

The motion prevailed.

Rep. Raczkowski moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 2, line 21, by striking out "30,712,800" and inserting "33,712,800" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 14, following line 17, by inserting:

"(20) Of the amount appropriated in part 1 for economic development job training grants, at least $3,000,000.00 shall be distributed in the form of grants that provide training for businesses in the targeted growth industries of information technology, life sciences, and micro electronic mechanical systems. Each industry shall receive at least $1,000,000.00 of the appropriation made in this subsection. In order to evaluate the effectiveness of the grants, the fund

shall provide the appropriate appropriations subcommittees and the house and senate fiscal agencies with an annual report providing information on total gross sales, total employment, recent economic growth, and economic growth prospects within these industries.".

The question being on the adoption of the amendments offered by Rep. Stallworth,

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Stallworth,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 510 Yeas--44

 

Baird	DeHart	Kilpatrick	Rison
Basham	Dennis	Lemmons	Rivet
Bogardus	Frank	Lockwood	Schauer
Bovin	Garza	Minore	Sheltrown
Brater	Gieleghem	Neumann	Stallworth
Brown, B.	Hale	O'Neil	Switalski
Callahan	Hanley	Pestka	Tesanovich
Cherry	Hansen	Price	Thomas
Clark, I.	Hardman	Prusi	Vaughn
Clarke, H.	Jacobs	Quarles	Wojno
Daniels	Jamnick	Reeves	Woodward

Nays--58

 

Allen	Gilbert	Kuipers	Rocca
Birkholz	Godchaux	Kukuk	Sanborn
Bisbee	Gosselin	LaSata	Scranton
Bishop	Green	Law	Shackleton
Bradstreet	Hager	Mans	Shulman
Brown, C.	Hart	Mead	Spade
Byl	Howell	Middaugh	Stamas
Cassis	Jansen	Mortimer	Tabor
Caul	Jelinek	Pappageorge	Toy
DeRossett	Jellema	Patterson	Van Woerkom
DeVuyst	Johnson, Rick	Pumford	Vander Roest
DeWeese	Johnson, Ruth	Raczkowski	Vear
Ehardt	Julian	Richardville	Voorhees
Faunce	Koetje	Richner	Woronchak

Garcia Kowall

In The Chair: Patterson

Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.

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

______

Rep. Brewer moved that Reps. Kelly and LaForge be excused temporarily from today's session.

The motion prevailed.

Rep. Koetje moved that Rep. DeWeese 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. 79, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the 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. 511 Yeas--106

 

Allen	Frank	Kuipers	Rivet
Baird	Garcia	Kukuk	Rocca
Basham	Garza	LaSata	Sanborn
Birkholz	Geiger	Law	Schauer
Bisbee	Gieleghem	Lemmons	Schermesser
Bishop	Gilbert	Lockwood	Scott
Bogardus	Godchaux	Mans	Scranton
Bovin	Gosselin	Martinez	Shackleton
Bradstreet	Green	Mead	Sheltrown
Brater	Hager	Middaugh	Shulman
Brewer	Hale	Minore	Spade
Brown, B.	Hanley	Mortimer	Stallworth
Brown, C.	Hansen	Neumann	Stamas
Byl	Hardman	O'Neil	Switalski
Callahan	Hart	Pappageorge	Tabor
Cassis	Howell	Patterson	Tesanovich
Caul	Jacobs	Pestka	Thomas
Cherry	Jamnick	Price	Toy
Clark, I.	Jansen	Prusi	Van Woerkom
Clarke, H.	Jelinek	Pumford	Vander Roest
Daniels	Jellema	Quarles	Vaughn
DeHart	Johnson, Rick	Raczkowski	Vear
Dennis	Johnson, Ruth	Reeves	Voorhees
DeRossett	Julian	Richardville	Wojno
DeVuyst	Kilpatrick	Richner	Woodward
Ehardt	Koetje	Rison	Woronchak

Faunce Kowall

Nays--0

In The Chair: Patterson

The question being on agreeing to the title of the bill,

Rep. Raczkowski moved to amend the title to read as follows:

A bill to make appropriations for the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

Senate Bill No. 366, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2000; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

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. Bogardus moved to amend the bill as follows:

1. Amend page 42, following line 5, by inserting:

"Sec. 218. Businesses receiving either grant awards or contracts for the provision of goods or services using funds appropriated in part 1 shall, as a condition for receiving the grant or contract, make every attempt to meet the educational leave needs of their employees. For the purposes of this section, "educational leave needs" includes the need for leave time to attend school-related conferences and field trips involving an employee's children, and the need for leave time to attend classes, seminars, and other events which improve the employee's job skills. This section shall apply to businesses receiving either grant awards or contracts from any department/agency receiving appropriations under this act.".

The question being on the adoption of the amendment offered by Rep. Bogardus,

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bogardus,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 512 Yeas--49

 

Baird	Dennis	Lockwood	Schermesser
Basham	Garza	Mans	Scott
Bogardus	Gieleghem	Martinez	Sheltrown
Bovin	Hale	Minore	Spade
Brater	Hanley	Neumann	Stallworth
Brewer	Hardman	O'Neil	Switalski
Brown, B.	Jacobs	Price	Tesanovich
Callahan	Jamnick	Prusi	Thomas
Cherry	Kelly	Quarles	Vaughn
Clark, I.	Kilpatrick	Reeves	Wojno
Clarke, H.	LaForge	Rivet	Woodward
Daniels	Lemmons	Schauer	Woronchak

DeHart

Nays--57

 

Allen	Geiger	Julian	Richardville
Birkholz	Gilbert	Koetje	Richner
Bisbee	Godchaux	Kowall	Rocca
Bishop	Gosselin	Kuipers	Sanborn
Bradstreet	Green	Kukuk	Scranton
Brown, C.	Hager	LaSata	Shackleton
Byl	Hansen	Law	Shulman
Cassis	Hart	Mead	Stamas
Caul	Howell	Middaugh	Tabor
DeRossett	Jansen	Mortimer	Toy
DeVuyst	Jelinek	Pappageorge	Van Woerkom
DeWeese	Jellema	Patterson	Vander Roest
Ehardt	Johnson, Rick	Pumford	Vear
Faunce	Johnson, Ruth	Raczkowski	Voorhees

Garcia

In The Chair: Patterson

______

Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.

The motion prevailed.

Rep. Martinez moved to amend the bill as follows:

1. Amend page 14, line 2, by striking out "650,000" and inserting "651,000" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendment offered by Rep. Martinez,

Rep. Martinez demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Martinez,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 513 Yeas--48

 

Baird	Dennis	Lemmons	Schauer
Basham	Frank	Lockwood	Schermesser
Bogardus	Garza	Mans	Scott
Bovin	Gieleghem	Martinez	Sheltrown
Brater	Hale	Minore	Spade
Brown, B.	Hanley	Neumann	Stallworth
Callahan	Hansen	Pestka	Switalski
Cherry	Hardman	Price	Tesanovich
Clark, I.	Jacobs	Prusi	Thomas
Clarke, H.	Jamnick	Quarles	Vaughn
Daniels	Kelly	Rison	Wojno
DeHart	Kilpatrick	Rivet	Woodward

Nays--53

 

Allen	Garcia	Koetje	Richner
Birkholz	Geiger	Kowall	Rocca
Bisbee	Gilbert	Kuipers	Sanborn
Bishop	Godchaux	Kukuk	Shackleton
Bradstreet	Gosselin	LaSata	Shulman
Brown, C.	Hager	Mead	Stamas
Byl	Hart	Middaugh	Tabor
Cassis	Jansen	Mortimer	Toy
Caul	Jelinek	Pappageorge	Van Woerkom
DeRossett	Jellema	Patterson	Vander Roest
DeVuyst	Johnson, Rick	Pumford	Vear
DeWeese	Johnson, Ruth	Raczkowski	Voorhees
Ehardt	Julian	Richardville	Woronchak

Faunce

In The Chair: Patterson

Rep. Schauer moved to amend the bill as follows:

1. Amend page 30, following line 11, by inserting:

"Grants to locals for community policing 10,000,000"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 89, following line 19, by inserting:

"Sec. 960. (1) The state community policing program is created within the department of treasury. The program shall provide a local unit of government with funds to employ additional police officers or to purchase technology and equipment. State grant funds shall provide a portion of the matching funds necessary for local units of government to receive funds under the federal community oriented policing services program, pursuant to the violent crime control and law enforcement act of 1994, Public Law 103-322, 108 Stat. 1796. Of the 25% local match required pursuant to the federal law, the state shall provide 20.5% and the local unit of government shall provide 4.5%.

(2) If a local law enforcement agency receives federal community oriented policing services grant funding for community oriented police officer hiring and that law enforcement agency has applied for community oriented policing services in schools grant funding, then the state shall provide the entire 25% local match required pursuant to the federal law.

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

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

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

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

(7) The unexpended portions of the appropriations in section 111 for grants to locals for community policing shall be considered work project appropriations. Any unencumbered funding shall not lapse and shall be available in the succeeding fiscal year.".

The question being on the adoption of the amendments offered by Rep. Schauer,

Rep. LaForge demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Schauer,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 514 Yeas--51

 

Baird	Frank	Lockwood	Schauer
Basham	Garza	Mans	Schermesser
Bogardus	Gieleghem	Martinez	Scott
Bovin	Hale	Minore	Sheltrown
Brater	Hanley	Neumann	Spade
Brewer	Hansen	O'Neil	Stallworth
Brown, B.	Hardman	Pestka	Switalski
Callahan	Jacobs	Price	Tesanovich
Cherry	Jamnick	Prusi	Thomas
Clark, I.	Kelly	Quarles	Vaughn
Clarke, H.	Kilpatrick	Reeves	Wojno
DeHart	LaForge	Rison	Woodward
Dennis	Lemmons	Rivet

Nays--55

 

Allen	Gilbert	Kowall	Rocca
Birkholz	Godchaux	Kuipers	Sanborn
Bisbee	Gosselin	Kukuk	Scranton
Bishop	Green	LaSata	Shackleton
Bradstreet	Hager	Law	Shulman
Brown, C.	Hart	Mead	Stamas
Cassis	Howell	Middaugh	Tabor
Caul	Jansen	Mortimer	Toy
DeRossett	Jelinek	Pappageorge	Van Woerkom
DeVuyst	Jellema	Patterson	Vander Roest
DeWeese	Johnson, Rick	Pumford	Vear
Faunce	Johnson, Ruth	Raczkowski	Voorhees
Garcia	Julian	Richardville	Woronchak
Geiger	Koetje	Richner

In The Chair: Patterson

______

Rep. Hart moved that Rep. Byl be excused temporarily from today's session.

The motion prevailed.

Rep. Frank moved to amend the bill as follows:

1. Amend page 17, line 14, by striking out "14.0" and inserting "16.0".

2. Amend page 17, line 14, by striking out "1,163,900" and inserting "1,301,900" and adjusting the subtotals, totals, and section 201 accordingly.

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. 515 Yeas--51

 

Baird	Frank	Lockwood	Schauer
Basham	Garza	Mans	Schermesser
Bogardus	Gieleghem	Martinez	Scott
Bovin	Hale	Minore	Sheltrown
Brater	Hanley	Neumann	Spade
Brewer	Hansen	O'Neil	Stallworth
Brown, B.	Hardman	Pestka	Switalski
Callahan	Jacobs	Price	Tesanovich
Cherry	Jamnick	Prusi	Thomas
Clark, I.	Kelly	Quarles	Vaughn
Clarke, H.	Kilpatrick	Reeves	Wojno
DeHart	LaForge	Rison	Woodward
Dennis	Lemmons	Rivet

Nays--55

 

Allen	Geiger	Kowall	Rocca
Birkholz	Gilbert	Kuipers	Sanborn
Bisbee	Godchaux	Kukuk	Scranton
Bishop	Green	LaSata	Shackleton
Bradstreet	Hager	Law	Shulman
Brown, C.	Hart	Mead	Stamas
Cassis	Howell	Middaugh	Tabor
Caul	Jansen	Mortimer	Toy
DeRossett	Jelinek	Pappageorge	Van Woerkom
DeVuyst	Jellema	Patterson	Vander Roest
DeWeese	Johnson, Rick	Pumford	Vear
Ehardt	Johnson, Ruth	Raczkowski	Voorhees
Faunce	Julian	Richardville	Woronchak
Garcia	Koetje	Richner

In The Chair: Patterson

______

Rep. Kowall moved that Rep. Richardville be excused temporarily from today's session.

The motion prevailed.

Rep. Martinez moved to amend the bill as follows:

1. Amend page 89, following line 19, by inserting:

"Sec. 960. The appropriation contained in section 111 for statutory state general revenue sharing grants is to make payments to counties, cities, villages, and townships pursuant to the Glenn Steil revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. The appropriation in section 111 for statutory state general revenue sharing grants is considered a work project and shall not lapse at the end of the fiscal year. Of the unexpended funds from the appropriation in section 111 for statutory general revenue sharing grants at the end of the fiscal year, the department of treasury shall reimburse local units of government for lost personal property tax revenue occurring in 2000 that resulted from the revision of the personal property tax tables. If the unexpended funds at the end of the fiscal year are insufficient to cover reimbursement pursuant to this section, there is appropriated from the general fund sufficient funds to reimburse local units for lost personal property tax. Reimbursement payments made pursuant to this section are intended to cover lost revenue resulting from local personal property tax collections from January 1, 2000 to December 31, 2000.".

The question being on the adoption of the amendment offered by Rep. Martinez,

Rep. Martinez demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Martinez,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 516 Yeas--52

 

Baird	Dennis	Lemmons	Rivet
Basham	Frank	Lockwood	Schauer
Bogardus	Garza	Mans	Schermesser
Bovin	Gieleghem	Martinez	Scott
Brater	Hale	Minore	Sheltrown
Brewer	Hanley	Neumann	Spade
Brown, B.	Hansen	O'Neil	Stallworth
Callahan	Hardman	Pestka	Switalski
Cherry	Jacobs	Price	Tesanovich
Clark, I.	Jamnick	Prusi	Thomas
Clarke, H.	Kelly	Quarles	Vaughn
Daniels	Kilpatrick	Reeves	Wojno
DeHart	LaForge	Rison	Woodward

Nays--54

 

Allen	Garcia	Julian	Richner
Birkholz	Geiger	Koetje	Rocca
Bisbee	Gilbert	Kowall	Sanborn
Bishop	Godchaux	Kuipers	Scranton
Bradstreet	Gosselin	Kukuk	Shackleton
Brown, C.	Green	LaSata	Shulman
Byl	Hager	Mead	Stamas
Cassis	Hart	Middaugh	Tabor
Caul	Howell	Mortimer	Toy
DeRossett	Jansen	Pappageorge	Van Woerkom
DeVuyst	Jelinek	Patterson	Vander Roest
DeWeese	Jellema	Pumford	Vear
Ehardt	Johnson, Rick	Raczkowski	Voorhees

Faunce Johnson, Ruth

In The Chair: Patterson

______

Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.

The motion prevailed.

Rep. Geiger moved to amend the bill as follows:

1. Amend page 10, line 5, by striking out "118,000" and inserting "118,100".

2. Amend page 10, line 6, by striking out "128,200" and inserting "128,300".

3. Amend page 10, line 7, by striking out "14,850,800" and inserting "14,850,900" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments offered by Rep. Geiger,

Rep. Martinez demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Geiger,

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 517 Yeas--56

 

Allen	Garcia	Julian	Richner
Birkholz	Geiger	Koetje	Rocca
Bisbee	Gilbert	Kowall	Sanborn
Bishop	Godchaux	Kuipers	Scranton
Bradstreet	Gosselin	Kukuk	Shackleton
Brown, C.	Green	LaSata	Shulman
Byl	Hager	Mead	Stamas
Cassis	Hart	Middaugh	Tabor
Caul	Howell	Mortimer	Toy
DeRossett	Jansen	Pappageorge	Van Woerkom
DeVuyst	Jelinek	Patterson	Vander Roest
DeWeese	Jellema	Pumford	Vear
Ehardt	Johnson, Rick	Raczkowski	Voorhees
Faunce	Johnson, Ruth	Richardville	Woronchak

Nays--48

 

Basham	Frank	Lemmons	Rivet
Bogardus	Garza	Lockwood	Schauer
Bovin	Gieleghem	Mans	Schermesser
Brater	Hale	Martinez	Scott
Brewer	Hanley	Minore	Sheltrown
Brown, B.	Hansen	Neumann	Spade
Callahan	Hardman	O'Neil	Switalski
Cherry	Jacobs	Pestka	Tesanovich
Clark, I.	Jamnick	Prusi	Thomas
Daniels	Kelly	Quarles	Vaughn
DeHart	Kilpatrick	Reeves	Wojno
Dennis	Law	Rison	Woodward

In The Chair: Patterson

Rep. Clarke moved to amend the bill as follows:

1. Amend page 39, line 21, following "agencies" by striking out the balance of the sentence and inserting "30 days prior to renewing the contract or extending the privatization initiative. No privatization program shall extend beyond 36 months unless the department has determined, in writing, that the program has demonstrated at least 5% savings and has maintained quality of service or has documented a measurable improvement in the quality of the product delivered or service performed. If the term of the privatization program is less than 36 months, but longer than 12 months, the department or agency shall make this determination before extending the contract or initiative beyond its term.".

The question being on the adoption of the amendment offered by Rep. Clarke,

Rep. Clarke demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Clarke,

Rep. Clarke moved to amend the Clarke amendment as follows:

1. Amend the Hansen Clarke amendment, page 39, line 21, after "at least" by striking out "5%" and inserting "measurable".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the amendment offered previously by Rep. Clarke,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 518 Yeas--103

 

Allen	Garcia	Kuipers	Rivet
Basham	Garza	Kukuk	Rocca
Birkholz	Gieleghem	LaSata	Sanborn
Bisbee	Gilbert	Law	Schauer
Bishop	Godchaux	Lemmons	Schermesser
Bogardus	Gosselin	Lockwood	Scott
Bovin	Green	Mans	Scranton
Brater	Hager	Martinez	Shackleton
Brewer	Hale	Mead	Sheltrown
Brown, B.	Hanley	Middaugh	Shulman
Brown, C.	Hansen	Minore	Spade
Byl	Hardman	Mortimer	Stallworth
Callahan	Hart	Neumann	Stamas
Cassis	Howell	O'Neil	Switalski
Caul	Jacobs	Pappageorge	Tabor
Cherry	Jamnick	Patterson	Tesanovich
Clark, I.	Jansen	Pestka	Thomas
Clarke, H.	Jelinek	Price	Toy
Daniels	Jellema	Prusi	Van Woerkom
DeHart	Johnson, Rick	Pumford	Vander Roest
DeRossett	Johnson, Ruth	Quarles	Vaughn
DeVuyst	Julian	Raczkowski	Voorhees
DeWeese	Kelly	Reeves	Wojno
Ehardt	Kilpatrick	Richardville	Woodward
Faunce	Koetje	Richner	Woronchak
Frank	Kowall	Rison

Nays--0

In The Chair: Patterson

Rep. Tesanovich moved to amend the bill as follows:

1. Amend page 53, following line 6, by inserting:

"Sec. 632. Public access to legislative office buildings shall not be restricted during normal business hours.".

The question being on the adoption of the amendment offered by Rep. Tesanovich,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Tesanovich,

Reps. Tesanovich and Pappageorge moved to amend the Tesanovich amendment as follows:

1. Amend the Tesanovich amendment, page 53, following line 6, section 632, after "legislative" by striking out "office buildings" and inserting "offices".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the amendment offered previously by Rep. Tesanovich,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 519 Yeas--105

 

Allen	Frank	Kuipers	Rivet
Baird	Garcia	Kukuk	Rocca
Basham	Garza	LaSata	Sanborn
Birkholz	Geiger	Law	Schauer
Bishop	Gieleghem	Lemmons	Schermesser
Bogardus	Gilbert	Lockwood	Scott
Bovin	Gosselin	Mans	Scranton
Bradstreet	Green	Martinez	Shackleton
Brater	Hager	Mead	Sheltrown
Brewer	Hale	Middaugh	Shulman
Brown, B.	Hanley	Minore	Spade
Brown, C.	Hansen	Mortimer	Stallworth
Byl	Hardman	Neumann	Stamas
Callahan	Hart	O'Neil	Switalski
Cassis	Howell	Pappageorge	Tabor
Caul	Jacobs	Patterson	Tesanovich
Cherry	Jamnick	Pestka	Thomas
Clark, I.	Jansen	Price	Toy
Clarke, H.	Jelinek	Prusi	Van Woerkom
Daniels	Jellema	Pumford	Vander Roest
DeHart	Johnson, Rick	Quarles	Vaughn
Dennis	Johnson, Ruth	Raczkowski	Vear
DeRossett	Julian	Reeves	Voorhees
DeVuyst	Kelly	Richardville	Wojno
DeWeese	Kilpatrick	Richner	Woodward
Ehardt	Kowall	Rison	Woronchak

Faunce

Nays--1

Koetje

In The Chair: Patterson

Rep. Raczkowski 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. Raczkowski 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. 366, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2000; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 520 Yeas--104

 

Allen	Frank	Kowall	Rison
Baird	Garcia	Kuipers	Rivet
Basham	Garza	Kukuk	Sanborn
Birkholz	Geiger	LaForge	Schauer
Bisbee	Gieleghem	LaSata	Schermesser
Bishop	Gilbert	Law	Scott
Bogardus	Godchaux	Lockwood	Scranton
Bovin	Green	Mans	Shackleton
Bradstreet	Hager	Martinez	Sheltrown
Brater	Hale	Mead	Shulman
Brown, B.	Hanley	Middaugh	Spade
Brown, C.	Hansen	Minore	Stallworth
Byl	Hardman	Mortimer	Stamas
Callahan	Hart	Neumann	Switalski
Cassis	Howell	O'Neil	Tabor
Caul	Jacobs	Pappageorge	Tesanovich
Cherry	Jamnick	Patterson	Thomas
Clark, I.	Jansen	Pestka	Toy
Clarke, H.	Jelinek	Price	Van Woerkom
Daniels	Jellema	Prusi	Vander Roest
DeHart	Johnson, Rick	Pumford	Vaughn
DeRossett	Johnson, Ruth	Quarles	Vear
DeVuyst	Julian	Raczkowski	Voorhees
DeWeese	Kelly	Reeves	Wojno
Ehardt	Kilpatrick	Richardville	Woodward
Faunce	Koetje	Richner	Woronchak

Nays--3

Brewer Gosselin Rocca

In The Chair: Patterson

The House agreed to the title of the bill.

______

Rep. Gosselin, 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 'no' on this budget because I was elected on a promise to shrink government, not grow it. The increase in the general purpose/general fund portion of this budget, the portion of the budget which comes from state taxes, exceeds the rate of inflation for the past year.

The increase is another example of the state taking advantage of the taxpayers of Oakland County. In a study by the Senate Fiscal Agency comparing state expenditures and revenue by county for FY 1995-96, Oakland County was shown to pay some $617 million more to the state than it received back from the state. In that year, each Oakland County citizen subsidized the state $533, versus an average $1,260 per capita subsidy from the state to other counties.

The situation has gotten even worse. SFA has published a new report covering FY 1997. In one year from 1996 to 1997 Oakland went from being a $617 million donor to an $834 million donor. Given this trend, we can expect Oakland County will soon be a $1 billion donor to the rest of the state, if we have not achieved that status already.

Because state spending is growing too fast and taking too much from the citizens of Oakland County, I must vote 'no' on this budget."

Second Reading of Bills

Senate Bill No. 372, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2000; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; 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. Shackleton moved to amend the bill as follows:

1. Amend page 9, line 20, by striking out "154,405,400" and inserting "154,905,400".

2. Amend page 11, line 2, by striking out "3,000,000" and inserting "2,500,000" 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. Pappageorge and Stallworth moved to amend the bill as follows:

1. Amend page 36, following line 5, by inserting:

"Sec. 617. It is the intent of the legislature that the department shall use traffic congestion as 1 of the criteria in determining the priorities for designating which roads shall be remediated in its 5-year road plan, which must be submitted on or before February 1, 2000. Criteria for evaluating traffic congestion shall include, but not be limited to, coordination with local, county, and regional planning, improvement in traffic operations, improvement in physical roadway conditions, accident reduction, and coordination with area public transportation planning.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Reps. Jellema and Stallworth moved to amend the bill as follows:

1. Amend page 39, line 22, after "objectives" by inserting "inclusive of status, progress, and costs associated with coordination of port operator activity. The assessment shall also include port authority investment targets and economic cost benefit analysis of state funded support for targeted projects".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Jelinek moved to amend the bill as follows:

1. Amend page 7, line 14, by striking out "185,827,000" and inserting "195,827,000".

2. Amend page 7, line 15, by striking out all of line 15 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. Gilbert and Stallworth moved to amend the bill as follows:

1. Amend page 37, line 10, after "purpose." by inserting "The report shall include recommendations on self-sustaining revenue sources to increase awareness and include efforts to increase ridership.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Frank moved to amend the bill as follows:

1. Amend page 35, following line 21, by inserting:

"Sec. 606. If the department uses manufactured pipe for road construction drainage, the department shall require that the pipe used meet the standards established by the American society for testing and materials (ASTM). The department shall also inspect the pipe pursuant to state standards before the laying of concrete or bituminous paving materials. The department shall provide a quarterly summary of the results of these inspections to the house and senate appropriations subcommittees on transportation and the house and senate fiscal agencies.".

The question being on the adoption of the amendment offered by Rep. Frank,

Rep. Frank demanded the yeas and nays.

The demand was supported.

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. 521 Yeas--83

 

Allen	Faunce	Law	Sanborn
Baird	Frank	Lemmons	Schauer
Basham	Garcia	Lockwood	Schermesser
Bisbee	Garza	Mans	Scott
Bishop	Gieleghem	Martinez	Shackleton
Bogardus	Gilbert	Middaugh	Sheltrown
Bovin	Green	Minore	Shulman
Bradstreet	Hager	Mortimer	Spade
Brater	Hale	Neumann	Stallworth
Brewer	Hanley	O'Neil	Switalski
Brown, B.	Hansen	Patterson	Tabor
Callahan	Hardman	Pestka	Tesanovich
Caul	Hart	Price	Thomas
Cherry	Howell	Prusi	Van Woerkom
Clark, I.	Jacobs	Pumford	Vander Roest
Clarke, H.	Jamnick	Quarles	Vaughn
Daniels	Johnson, Rick	Reeves	Voorhees
DeHart	Kelly	Richner	Wojno
Dennis	Kilpatrick	Rison	Woodward
DeRossett	Kowall	Rivet	Woronchak
Ehardt	LaForge	Rocca

Nays--26

 

Birkholz	Godchaux	Koetje	Raczkowski
Brown, C.	Gosselin	Kuipers	Richardville
Byl	Jansen	Kukuk	Scranton
Cassis	Jelinek	LaSata	Stamas
DeVuyst	Jellema	Mead	Toy
DeWeese	Johnson, Ruth	Pappageorge	Vear

Geiger Julian

In The Chair: Patterson

Rep. Neumann moved to amend the bill as follows:

1. Amend page 7, following line 18, by inserting:

"Animal disposal 6,000,000."

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 26, following line 20, by inserting:

"Sec. 337. The $6,000,000.00 for animal disposal in section 110 shall be distributed to each county road commission with distribution made based on the total percentage of dead deer killed on each county road system in 1998 compared to the statewide total of dead deer killed on all county roads in 1998.".

The question being on the adoption of the amendments offered by Rep. Neumann,

Rep. Neumann demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Neumann,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 522 Yeas--49

 

Basham	Dennis	LaForge	Rivet
Bogardus	Frank	Lemmons	Schauer
Bovin	Garza	Mans	Schermesser
Bradstreet	Gieleghem	Martinez	Scott
Brater	Hale	Minore	Sheltrown
Brewer	Hanley	Neumann	Stallworth
Brown, B.	Hansen	Pestka	Switalski
Callahan	Hardman	Price	Tesanovich
Cherry	Jacobs	Prusi	Thomas
Clark, I.	Jamnick	Quarles	Vaughn
Clarke, H.	Kelly	Reeves	Wojno
Daniels	Kilpatrick	Rison	Woodward

DeHart

Nays--60

 

Allen	Geiger	Kowall	Richner
Baird	Gilbert	Kuipers	Rocca
Birkholz	Godchaux	Kukuk	Sanborn
Bisbee	Gosselin	LaSata	Scranton
Bishop	Green	Lockwood	Shackleton
Brown, C.	Hager	Mead	Shulman
Byl	Hart	Middaugh	Spade
Cassis	Howell	Mortimer	Stamas
Caul	Jansen	O'Neil	Tabor
DeRossett	Jelinek	Pappageorge	Toy
DeVuyst	Jellema	Patterson	Van Woerkom
DeWeese	Johnson, Rick	Perricone	Vander Roest
Ehardt	Johnson, Ruth	Pumford	Vear
Faunce	Julian	Raczkowski	Voorhees
Garcia	Koetje	Richardville	Woronchak

In The Chair: Patterson

______

Rep. Shackleton, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted against taking money out of the transportation budget to pay for the removal of road kill along highways because a pending bill that I believe will pass will establish a fund and a revenue stream to fund it. I favor the pending legislation that will accomplish the goal of this amendment and leave the needed dollars in the transportation budget."

The Speaker Pro Tempore assumed the Chair.

Rep. Hale moved to amend the bill as follows:

1. Amend page 26, following line 20, by inserting:

"Sec. 337. From funds appropriated in part 1 the department shall add 1 inspector for each district in the state for purposes of increasing quality control on highway construction projects.".

The question being on the adoption of the amendment offered by Rep. Hale,

Rep. Hale demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Hale,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 523 Yeas--45

 

Baird	DeHart	Kelly	Schauer
Basham	Dennis	LaForge	Schermesser
Bogardus	Frank	Lemmons	Scott
Bovin	Garza	Lockwood	Sheltrown
Brater	Gieleghem	Martinez	Stallworth
Brewer	Hale	Neumann	Switalski
Brown, B.	Hanley	Price	Tesanovich
Callahan	Hansen	Prusi	Thomas
Cherry	Hardman	Quarles	Vaughn
Clark, I.	Jacobs	Rison	Wojno
Clarke, H.	Jamnick	Rivet	Woodward

Daniels

Nays--59

 

Allen	Geiger	Kuipers	Rocca
Birkholz	Gilbert	Kukuk	Sanborn
Bisbee	Gosselin	LaSata	Scranton
Bishop	Green	Mans	Shackleton
Bradstreet	Hager	Mead	Shulman
Brown, C.	Hart	Middaugh	Spade
Byl	Howell	Mortimer	Stamas
Cassis	Jansen	O'Neil	Tabor
Caul	Jelinek	Pappageorge	Toy
DeRossett	Jellema	Patterson	Van Woerkom
DeVuyst	Johnson, Rick	Perricone	Vander Roest
DeWeese	Johnson, Ruth	Pumford	Vear
Ehardt	Julian	Raczkowski	Voorhees
Faunce	Koetje	Richardville	Woronchak
Garcia	Kowall	Richner

In The Chair: Birkholz

______

Associate Speaker Pro Tempore Patterson resumed the Chair.

Rep. O'Neil moved to amend the bill as follows:

1. Amend page 19, line 6, after "highways." by inserting "County road commissions or other local units of government shall be considered prequalified to bid on any contract for road maintenance or resurfacing within its county of operation if currently providing similar service under contract with the state. The state shall accept such bids on projects not funded with federal funds in order to remain in compliance with 49 C.F.R. title 23, highways, subpart a, contract procedures, sec. 112.".

The question being on the adoption of the amendment offered by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. O'Neil,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 524 Yeas--53

 

Baird	Frank	Lockwood	Schauer
Basham	Garza	Mans	Schermesser
Bogardus	Gieleghem	Martinez	Scott
Bovin	Hanley	Minore	Sheltrown
Brater	Hansen	Neumann	Spade
Brewer	Hardman	O'Neil	Stallworth
Brown, B.	Jacobs	Pestka	Switalski
Callahan	Jamnick	Price	Tesanovich
Cherry	Julian	Prusi	Thomas
Clark, I.	Kelly	Quarles	Vaughn
Clarke, H.	Kilpatrick	Reeves	Vear
Daniels	LaForge	Rison	Wojno
DeHart	Lemmons	Rivet	Woodward

Dennis

Nays--54

 

Allen	Garcia	Koetje	Richardville
Birkholz	Geiger	Kowall	Richner
Bisbee	Gilbert	Kuipers	Rocca
Bishop	Godchaux	Kukuk	Sanborn
Bradstreet	Gosselin	LaSata	Scranton
Brown, C.	Green	Mead	Shackleton
Byl	Hager	Middaugh	Shulman
Cassis	Hart	Mortimer	Stamas
Caul	Howell	Pappageorge	Tabor
DeRossett	Jansen	Patterson	Van Woerkom
DeVuyst	Jelinek	Perricone	Vander Roest
DeWeese	Jellema	Pumford	Voorhees
Ehardt	Johnson, Rick	Raczkowski	Woronchak

Faunce Johnson, Ruth

In The Chair: Patterson

______

Rep. Koetje moved that Rep. Toy be excused temporarily from today's session.

The motion prevailed.

Rep. Switalski moved to amend the bill as follows:

1. Amend page 26, following line 20, by inserting:

"Sec. 337. From funds appropriated in part 1, the department shall construct a soundwall and pursue other noise abatement measures in Eastpoint along both sides of I-94 between 8 and 9 Mile roads, and in Roseville and St. Clair Shores along both sides of I-94 between 12 and 14 Mile roads.".

The question being on the adoption of the amendment offered by Rep. Switalski,

Rep. Switalski demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Switalski,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 525 Yeas--45

 

Basham	Garza	Lemmons	Rivet
Bogardus	Gieleghem	Lockwood	Schauer
Brater	Hale	Mans	Schermesser
Brewer	Hanley	Martinez	Scott
Callahan	Hansen	Minore	Stallworth
Cherry	Hardman	O'Neil	Switalski
Clark, I.	Jacobs	Price	Tesanovich
Clarke, H.	Jamnick	Prusi	Thomas
Daniels	Kelly	Quarles	Vaughn
DeHart	Kilpatrick	Reeves	Wojno
Dennis	LaForge	Rison	Woodward

Frank

Nays--62

 

Allen	Garcia	Kowall	Richner
Baird	Geiger	Kuipers	Rocca
Birkholz	Gilbert	Kukuk	Sanborn
Bisbee	Godchaux	LaSata	Scranton
Bishop	Gosselin	Mead	Shackleton
Bradstreet	Green	Middaugh	Sheltrown
Brown, B.	Hager	Mortimer	Shulman
Brown, C.	Hart	Neumann	Spade
Byl	Howell	Pappageorge	Stamas
Cassis	Jansen	Patterson	Tabor
Caul	Jelinek	Perricone	Van Woerkom
DeRossett	Jellema	Pestka	Vander Roest
DeVuyst	Johnson, Rick	Pumford	Vear
DeWeese	Johnson, Ruth	Raczkowski	Voorhees
Ehardt	Julian	Richardville	Woronchak

Faunce Koetje

In The Chair: Patterson

Rep. Quarles moved to amend the bill as follows:

1. Amend page 26, following line 20, by inserting:

"Sec. 337. From funds appropriated in part 1, the department shall construct a 1 mile extension of the soundwall and pursue other noise abatement measures along I-696 in Southfield.".

The question being on the adoption of the amendment offered by Rep. Quarles,

Rep. Quarles demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Quarles,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 526 Yeas--45

 

Basham	Frank	LaForge	Rivet
Bogardus	Garza	Lemmons	Schauer
Bovin	Gieleghem	Lockwood	Schermesser
Brater	Hale	Mans	Scott
Brewer	Hanley	Martinez	Stallworth
Callahan	Hansen	Minore	Switalski
Cherry	Hardman	Price	Tesanovich
Clark, I.	Jacobs	Prusi	Thomas
Clarke, H.	Jamnick	Quarles	Vaughn
Daniels	Kelly	Reeves	Wojno
DeHart	Kilpatrick	Rison	Woodward

Dennis

Nays--62

 

Allen	Geiger	Kuipers	Rocca
Birkholz	Gilbert	Kukuk	Sanborn
Bisbee	Godchaux	LaSata	Scranton
Bishop	Gosselin	Mead	Shackleton
Bradstreet	Green	Middaugh	Sheltrown
Brown, B.	Hager	Mortimer	Shulman
Brown, C.	Hart	Neumann	Spade
Byl	Howell	Pappageorge	Stamas
Cassis	Jansen	Patterson	Tabor
Caul	Jelinek	Perricone	Toy
DeRossett	Jellema	Pestka	Van Woerkom
DeVuyst	Johnson, Rick	Pumford	Vander Roest
DeWeese	Johnson, Ruth	Raczkowski	Vear
Ehardt	Julian	Richardville	Voorhees
Faunce	Koetje	Richner	Woronchak

Garcia Kowall

In The Chair: Patterson

______

Rep. Rocca moved that Rep. Ruth Johnson be excused temporarily from today's session.

The motion prevailed.

Rep. Callahan moved to amend the bill as follows:

1. Amend page 7, following line 21, by inserting:

"State matching funds to local units 100,000,000".

2. Amend page 8, line 12, by striking out "0" and inserting "100,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 26, following line 20, by inserting:

"Sec. 338. The appropriation in section 110 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, 1997 and September 30, 2000. If the funding required to meet the provisions of this section exceed the amount appropriated in section 110 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. Callahan,

Rep. Callahan demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Callahan,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 527 Yeas--42

 

Basham	Dennis	Kilpatrick	Schauer
Bogardus	Frank	LaForge	Schermesser
Bovin	Garza	Lemmons	Scott
Brater	Gieleghem	Lockwood	Stallworth
Brewer	Hale	Mans	Switalski
Brown, B.	Hanley	Minore	Tesanovich
Callahan	Hansen	O'Neil	Thomas
Clark, I.	Hardman	Quarles	Vaughn
Clarke, H.	Jacobs	Reeves	Wojno
Daniels	Jamnick	Rivet	Woodward

DeHart Kelly

Nays--59

 

Allen	Geiger	Kukuk	Sanborn
Birkholz	Gilbert	LaSata	Scranton
Bisbee	Godchaux	Martinez	Shackleton
Bishop	Gosselin	Mead	Sheltrown
Bradstreet	Hager	Middaugh	Shulman
Brown, C.	Hart	Mortimer	Spade
Byl	Howell	Neumann	Stamas
Cassis	Jansen	Pappageorge	Tabor
Caul	Jelinek	Patterson	Toy
DeRossett	Jellema	Perricone	Van Woerkom
DeVuyst	Johnson, Rick	Pumford	Vander Roest
DeWeese	Julian	Raczkowski	Vear
Ehardt	Koetje	Richardville	Voorhees
Faunce	Kowall	Richner	Woronchak
Garcia	Kuipers	Rocca